Sayers v. Department of Veterans Affairs, No. 18-2195 (Fed. Cir. 2020)Annotate this Case
The VA promoted Dr. Sayers to Chief of Pharmacy Services for the Greater Los Angeles (GLA) Health Care System in 2003. In 2016, a VA site-visit team discovered violations of policy in the pharmacies under Sayers’s supervision. When Sayers failed to follow orders to immediately correct the violations, the VA detailed him from his position pending review. Months later, the VA sent another team to the GLA pharmacies, discovering numerous, serious policy violations. Because compliance fell within Sayers’s purview, the GLA Chief of Staff proposed Sayers’s removal. The GLA Health Care Director acted as the deciding official and sustained the charges. The Merit Systems Protection Board (MSPB) and the Administrative Judge affirmed his removal, finding that substantial evidence supported factual specifications that Sayers failed to perform assigned duties and failed to follow instructions. The AJ declined to consider Sayers’s argument that his removal constituted an unreasonable penalty, inconsistent with the VA’s table of penalties and violating the VA’s policy of progressive discipline.
The Federal Circuit vacated his removal. The basis for Sayers’s removal, the 2017 Accountability and Whistleblower Protection Act, 38 U.S.C. 714, which gives the VA a new, streamlined authority for disciplining employees for misconduct or poor performance, and places limitations on MSPB review of those actions, cannot be retroactively applied to conduct that occurred before its enactment.