Merit board rejects appeal of ex-Park Police chief’s firing

The Merit Systems Protection Board on Thursday rejected the former chief of the Park Police's appeal of her 2004 firing, but that denial has paved the way for her attorneys to take the case to a federal court.

Teresa 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, and was fired formally in July 2004. Her initial protest was rejected in October 2004, and she filed an appeal that December. After more than a year and a half, the MSPB issued this week's split decision upholding her removal.

On Friday, National Treasury Employees Union President Colleen Kelley said the decision "serves the public poorly and undermines the congressional intent evident in the Whistleblower Protection Act, particularly with respect to matters impacting public health and safety."

But despite the loss, both Chambers and her attorneys said they look forward to the opportunity to take their case before a federal judge.

"This is what we've been waiting on, to get [the appeal] before a federal court," Chambers said, adding that she was surprised at the "exceptionally long period of time" that lapsed between her filing of the appeal and MSPB's decision.

When Chambers does take her appeal to a federal court - she has 60 days to do so - it will become her third separate court filing against the Park Police. She is also suing the agency for $2.2 million for lost salary, emotional distress and damage to her reputation.

Another suit seeks access to a performance evaluation that attorneys want to use as evidence in both of the other cases.

The Park Police did not return calls seeking comment.

The release of Chambers' still-missing performance evaluation "would significantly affect the outcome of the other cases," said Richard Condit, a Public Employees for Environmental Responsibility attorney who is representing the former Park Police chief. Along with the performance document itself, Chambers is suing for unspecified damages stemming from the agency's failure to produce it.

In seeking new jobs, Chambers would be "impaired by the fact that she lacks [an evaluative] record," Condit said.

Though the evaluation is not public, Terrie Fajardo, a former human resources chief for the National Park Service, said in a sworn deposition that Chambers' performance was satisfactory.

Fajardo, in her testimony, said she was asked to prepare the evaluation and that she asked Chambers' supervisor about the former chief's performance so she could complete the report. Fajardo said she was told that Chambers' work was "fine."