陈霞芬

choi

Kate O'Keefe, Worker Won Ruling in Spy Case. Wall Street Journal, Apr 30, 2018, at page A4.
https://www.wsj.com/articles/jud ... rologist-1525030772

Note:
(a)
(i) This report is not locked behind paywall.
(ii) The print ends with the penultimate paragraph of the online version. In other words, the print lacks the last paragraph of the online version.
(iii) As of May 2, 2018 the cn.wsj.com has not translated this report.
(b) Ms Xiafen "Sherry" Chen 陈霞芬 was an employee with National Weather Service (NWS), National Oceanic and Atmospheric Administration (NOAA), US Department of Commerce. NWS headquarters is near Washington DC, but she worked in Wilmington, Ohio -- about 50 miles northeast of Cincinnati. On Oct 20, 2014 she was arrested at work and charged with four felonies (theft, illegally accessing a federal database and two counts of making false statements; no espionage), but in March 2015 federal government dropped all charges without elaboration. Subsequently Department of Commerce fired her. From the termination, she appealed (within 30 days, as required) to Merit Systems Protection Board (MSPB).
(c) Following Civil Service Reform Act (CSRA) of 1978, MSPM was formed in 1979 with headquarters in Washington DC together with regional and field offices in major cities. Its website says, "Under the CSRA, the majority of the cases are appeals of agency adverse actions--removals, suspensions of more than 14 days, reductions in grade or pay, and furloughs of 30 days or less."  Its website, under the "Contact" lists the regional office:
https://www.mspb.gov/contact/contact.htm

, which shows that Ohio is in an MSPB regional office based in Chicago. Illinois. On Mar 14 and 15, 2017 her appeal was heard at an MSPB courtroom at Cincinnati, OH. And the judge, Chief Administrative Judge Michele Szary Schroeder of MSPB (Chicago) issued a 118-page ruling on Apr 23, 2018. I fail to find the ruling, which should be captioned "Chen v Department of Commerce." The appellee (Department of Commerce) said it would appeal the ruling, to MSPB (to be heard by chairman, vice chair and one board member). The MSPB board currently lacks the chairman, a board member, and quorum. See Board Members. MSPB, undated
https://www.mspb.gov/About/members.htm

Quote:

"MARK A ROBBINS, VICE CHAIRMAN
May 2012 - present

Mark A Robbins was nominated by President Barack Obama on December 5, 2011 to serve as a Member of the Merit Systems Protection Board for a term of seven years, and was confirmed by the US Senate on April 26, 2012. On January 23, 2017, President Donald Trump designated Mr Robbins Vice Chairman. Pending re-establishment of a Board quorum, Mr Robbins will perform the functions vested by Title 5 in the Office of the Chairman.

Mr Robbins' term ended on March 1, 2018 and he is currently serving in a one-year statutory carryover year."

(d) MSPB board is made up of three members (one is chair, another vice-chair) -- all are nominated by the president for a seven-year term and confirmed by senate. Two board members constitute quorum. On Mar 5, 2018 Trump nominated Andrew F Maunz as vice chair.
(e) Because I can not find Judge Schroeder ruling, I do not know whether Chen alleged also discrimination based on race or national origin. If yes, the losing party in the MSPB board decision will appeal to a United States district court. If not that losing party will appeal to United States Court of Appeal for Federal Circuit (located at DC). See first two paragraphs of syllabus (this is what United States Supreme Court calls the abstract of its decision) of
Perry v Merit Systems Protection Board. 582 US _ (2017).
https://www.supremecourt.gov/opinions/16pdf/16-399_5436.pdf
(f) Press release: CAPAC Applauds US Merit Protection Board Decision in Sherry Chen Case. Congressional Asian Pacific American Caucus (CAPAC), Apr 26, 2018.
https://capac-chu.house.gov/pres ... on-sherry-chen-case