Border Patrol agent sues supervisors over poor job rating

A Border Patrol agent has brought a $1 million lawsuit against two supervisors whom he claims punished him for publicly criticizing the agency. In an unusual case, Agent Shawn P. Moran, who works in the Border Patrol's San Diego division, filed a lawsuit last week against his supervisors, Joseph Ralph and James A. Savage. It is unusual for lawsuits like Moran's to name individuals, rather than the agency, as the defendants. Moran alleged that the two men gave him an "unacceptable" rating on a portion of his performance evaluation because he criticized the agency and made disparaging remarks about his superiors. In the lawsuit, which also lists Local 1613 of the National Border Patrol Council as a plaintiff, Moran said he made the negative comments about the agency and its managers while acting as a union representative in his off-duty time. The National Border Patrol Council is a division of the American Federation of Government Employees, the largest federal employees' union. Joseph N. Dassaro, president of Local 1613 in San Diego, said the two supervisors, not the agency, are the central targets of the lawsuit because they operated outside the scope of their professional authority. Dassaro said the Border Patrol did not agree with the individual supervisors' decision to penalize Moran. "The managers, essentially conducted an unauthorized surveillance of agents' Internet postings, appearance on a radio talk show, activities as certified union representatives, and exercise of free speech; these activities were conducted off duty," said Dassaro. Greg Gagne, a spokesman for the Immigration and Naturalization Service, the Border Patrol's parent agency, said his agency did not have a position on whether Border Patrol supervisors acted properly when they gave Moran the "unacceptable" rating. Moran received a rating of "unacceptable" for his interpersonal skills/leadership abilities, one of five job elements evaluated. According to the lawsuit, Moran has never received less than a "fully successful" rating on his performance evaluations during his career as a Border Patrol agent. Dassaro said lawyers for the union and Moran plan to file a separate suit later this week against the government for negligent managerial training and supervision. Gagne said the INS did not have any rules against employees speaking out against the Border Patrol or its policies, at least in Moran's particular capacity as a union representative. "Union representatives regularly discuss labor-management issues," Gagne said. "That's inherent in the position they hold."