Judge rejects request to dismiss ex-Park Police chief’s suit

The suit alleged that the department violated the Privacy Act by declining to grant access to performance evaluation documents that lawyers for Teresa Chambers, the former head of the Park Police, argue are critical to her case. Chambers was placed on administrative leave in late 2003, after she gave an interview that criticized the Park Police's ability to maintain staffing levels. She was fired formally in July 2004.

The department filed a motion to dismiss the Privacy Act suit. In turning it down, Judge James Robertson of the U.S. District Court in Washington, D.C., said the Interior Department's withholding of documents from Chambers "appears to have been improper." But it remains unclear whether her performance evaluation will be made public, he said in his Sept. 28 decision.

The former Park Police chief said that, despite the court's ruling against the Interior Department motion, she remains frustrated that the performance evaluation she has sought for years has not yet been made public. She said that if it exists -- and multiple department and Park Police officials have testified that it does -- it will exonerate her and allow for her reinstatement.

"You can't get blood from a turnip," Chambers said. She contests that she was dismissed because she gave the interview criticizing the Park Police. Agency officials claim she was fired for misconduct.

The performance documents could help resolve the dispute. In 2004, National Park Service Deputy Director Donald Murphy said he prepared an evaluation that covered the time period where misconduct was alleged. Last year, he recanted that statement.

"For the purposes of this lawsuit, it no longer matters which version of Donald Murphy's widely varying accounts under oath is accurate - either way, the government is liable," said Richard Condit, who represents Chambers on behalf of Public Employees for Environmental Responsibility.

All three of Chambers' cases have been gaining momentum. A second ongoing suit seeks $2.2 million for lost salary, emotional distress and damage to her reputation. Last month, after a lengthy delay, the Merit Systems Protection Board rejected the third case. Her attorneys can still pursue that case in federal court, and they plan to do so.

"We are working on that this week," Chambers said. She has until late November to file.