United States Court of Appeals for the Federal Circuit

JURISDICTIONAL STATEMENT
The Merit Systems Protection Board (“MSPB” or “Board”) had jurisdiction
for Petitioner MacLean’s Individual Right of Action and removal action appeals
pursuant to 5 USC §§1221 and 2302. This Court has jurisdiction to review the
MSPB’s final decision pursuant to 5 USC §7703. The MSPB decision appealed
from is a final decision resolving all issues in the case, dated July 25, 2011.
Appendix (“A”)1-26. This appeal was timely filed on March 9, 2012.
STATEMENT OF THE ISSUES
1. Can MacLean be terminated for an unauthorized, bad faith disclosure of
Sensitive Security Information (“SSI”), when there was widespread
confusion among Agency experts whether restrictions applied; the
context was not discussed in training or other written notice, and the
information did not have restrictive markings or other controls required
by agency regulation?
2. Can the Board uphold a termination for misconduct not included in
Agency charges?
3. Did the Board have substantial evidence to uphold termination based on
intent, when it neither followed its own standards for assessing
MacLean’s testimony, nor made credibility determination for the
Agency’s only witness?
1