United States Court of Appeals for the Federal Circuit

A22. That is of no significance, since nothing in the record indicates he
participated or was active. The AJ also offered that Donzanti did not attempt to
contact ICE/OPR investigators. (Id.) There was no allegation that he did.
Donzanti’s alleged participation in the retaliation was signing termination prepared
by Quinn’s aides.
The Board did consider whether MacLean was treated more harshly than
others due to his FLEOA leadership. In doing so, it only compared his penalty with
others who made unauthorized SSI disclosures. A18. As discussed in the section
on penalties, the Board did not explain or support its premise that their disclosures
were less threatening than MacLean’s. He contends they were far more dangerous,
and served personal agendas. 12 The Board offers no citation whether any others
receiving lesser penalties were even FLEOA members, let alone chapter leaders, a
prerequisite for any comparative discipline analysis.
The Board’s only other analysis was a conclusion that since FLEOA
TSA/FAMS Chapter President Frank Terreri was not terminated, that undercuts
MacLean’s claim of discrimination against FLEOA in penalties. (Id.) It is not
relevant whether the agency was unable to find evidence sufficient to fire Terreri,
who successfully defended himself through an OSC settlement, as well as a
constitutional suit.
12
The Board also reiterated its position on MacLean’s lack of regret, A18, which
has been addressed.
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