Missouri Postmaster fired for “inappropriate conduct” loses appeal

Robert Ferguson, Jr. appeals the Merit Systems Protection Board’s final decision affirming his removal from the United States Postal Service based on a charge of inappropriate conduct.

Mr. Ferguson was employed by the United States Postal Service as the Postmaster of the Sedalia, Missouri, Post Office. As Postmaster, Mr. Ferguson was the highest-ranking management official in the office and was required to uphold the policies and regulations of the USPS. From August 2015 to August 2016, Mr. Ferguson supervised Taleah Passmore, an employee at the Sedalia, Missouri, Post Office. Shortly thereafter, Ms. Passmore was terminated for unsatisfactory performance.

Following her termination, Ms. Passmore made allegations to USPS officials that Mr. Ferguson made inappropriate comments and gestures to her during her time at USPS. After investigating Ms. Passmore’s allegations,USPS identified eight incidents, also referred to as “specifications,” of misconduct by Mr. Ferguson. The specifications included inappropriate touching and comments about Ms. Passmore’s physical appearance and her family. As a result, USPS terminated him. Mr. Ferguson appealed USPS’s termination decision to the Merit Systems Protection Board .

On appeal, Ms. Passmore and Mr. Ferguson provided conflicting testimony regarding the eight alleged specifications. Mr. Ferguson generally denied that he made inappropriate comments and gestures. The administrative judge found Ms. Passmore to be the more credible witness and affirmed the agency’s charge of inappropriate conduct. The administrative judge further found that Mr. Ferguson’s misconduct was connected to the efficiency of his service, that the penalty of removal was reasonable, and that Mr. Ferguson did not sufficiently prove his affirmative defenses of retaliation and harmful procedural error. The administrative judge also rejected Mr. Ferguson’s claim that USPS gave him a disparate penalty in comparison to McClain Richardson, another USPS employee who was charged with misconduct and demoted, but not removed. The administrative judge’s decision became the final decision of the Board. Mr. Ferguson timely appealed.

CONCLUSION
We have considered Mr. Ferguson’s remaining arguments, but we find them to be unpersuasive. Accordingly, the final decision of the Board affirming USPS’s removal decision is affirmed