Fired federal worker sues over googling

[Kacey]

This is close to the thread about MySpace, but enough different that I started another thread. From the Police Blotter:

What happened, according to court documents:
We've known for years that jurors and judges occasionally use search engines, sometimes in ways that raise novel ethical and legal issues. But how about googling by an employer?
This story starts when government investigators suspected that David M. Mullins was misusing government property. At the time, Mullins was a technician at the National Ocean and Atmospheric Administration's Weather Forecast Office in Indianapolis, which is part of the U.S. Commerce Department.
Mullins was eventually accused of misuse of a government vehicle, misuse of official time, misuse of a government travel card, and falsification of official travel documents. His supervisor identified 78 occasions when the Commerce Department believed that Mullins had misused a government vehicle.
Some examples: Mullins worked in Indianapolis, but his government-issued credit card showed purchases of gasoline in Tennessee and Ohio. He admitted to unauthorized cash withdrawals from his government-issued credit card. He acknowledged forging travel documents (by sleeping in his car and then printing up fake hotel receipts).
Valeria Capell was assigned to weigh the allegations against the Commerce Department employee and make a decision. She eventually ruled that Mullins' misconduct and lies cost taxpayers $6,419.83 and authorized the department to fire him. There is no evidence in the record that the case was ever referred to the Justice Department for criminal prosecution.
Mullins appealed his dismissal to an administrative law judge, saying that his "right to fundamental fairness" was violated when Capell allegedly used Google to do a search on his name. Specifically, he argued that his rights were violated when Capell "came across...my alleged prior removal from federal service by the Air Force." He also was fired by the Smithsonian Institution. Mullins claimed that she perjured herself when saying that she was not influenced by his two prior job losses.
The appeals court, however, disagreed. It ruled that the Google searches were not prejudicial and affirmed Mullins' dismissal as a civil servant.

Comments? Opinions?

 

[terryl965]

This happens everyday in every government agency, so what is the big deal. The lie, they steal, they cheat, is that not what our politicians do everyday? Oh I almost forgot a hammer cost 500.00 and toilet paper to whip the President *** cost 75.00 per roll, so why can't some poor guy use the credit card the government gave him>

Yea I know it seems pretty silly to me 6000.00 when every day trillion are being use inproperly.

 

[Ninjamom]

The problem here is that federal employees are almost impossible to fire. Not only must a clear record of wrongdoing be documented, but of attempts at counseling and remedial action, time to allow the miscreant to improve, more documentation of a failure to improve.....yada yada yada. Even so, expect a law suit in civil court.

If this guy was fired from federal service, and an administrative review (his right, even after all the above steps have been taken) found the firing justified, then make sure you never hire the guy if an app with his name on it ever crosses your desk!

 

[Ping898]

Just cause everyone does it doesn't mean that you should turn a blind eye when it happens even on a small scale. Everyone is told when you get your government credit card no personal purchases...we would get in trouble if we used ours at CVS on travel, even if you used to it buy something legitimate for your trip.

 

[Adept]

He acknowledged forging travel documents (by sleeping in his car and then printing up fake hotel receipts).
Valeria Capell was assigned to weigh the allegations against the Commerce Department employee and make a decision. She eventually ruled that Mullins' misconduct and lies cost taxpayers $6,419.83 and authorized the department to fire him.

This is, to my mind, the most interesting part.

He chose to sleep in his car, but still claimed the money that he would have spent on a hotel room. And is being penalised for this (among other things).

This would indicate that any of their employees who sleeps in a hotel room is stealing taxpayer money, as they could sleep in their car instead.

 

[Ping898]

This is, to my mind, the most interesting part.

He chose to sleep in his car, but still claimed the money that he would have spent on a hotel room. And is being penalised for this (among other things).

This would indicate that any of their employees who sleeps in a hotel room is stealing taxpayer money, as they could sleep in their car instead.

No what it is saying is you have a maximum amount of money available for a hotel, but if you don't use the max, you don't get the keep the difference...and to claim you slept in a hotel and reating documents to that effect and keeping the money for youself, is stealing...

 

[Kacey]

What I thought was interesting, and why I posted this, is that the employee is claiming that none of this information can be used because it was found using a google search rather than any of the more usual methods.

 

[Kembudo-Kai Kempoka]

I know a David Mullens. Think I'll google him right now.

 

[theletch1]

If it's available by way of a google then it is public domain, correct? I don't see that it is a problem that his supervisor used the search engine to check him out. The firing was legit after he admitted to unauthorized cash withdrawals and falsifying documents with the hotel receipts. What I find most interesting about the case is not even in the article. It's in the responses to the thread that advocate this kind of behavior as just another perk of working for the feds. How can we raise hell if the fed as a whole blows trillions and say that it's ok for the individual to blow several thousand? Consistency. A great deal of the trillions wasted are because of the nickel and dime crap pulled by people with the "I pay my taxes so it's my right to rip of the government." attitude. It's not the government they're ripping off it's you and me and everyone else that pays their taxes. Personally, I couldn't care less how this guy was caught just so long as he was and punished. He got off easy if you ask me. I'd have filed formal charges of theft against him after I fired him.

 

[Kacey]

If it's available by way of a google then it is public domain, correct? I don't see that it is a problem that his supervisor used the search engine to check him out. The firing was legit after he admitted to unauthorized cash withdrawals and falsifying documents with the hotel receipts. What I find most interesting about the case is not even in the article. It's in the responses to the thread that advocate this kind of behavior as just another perk of working for the feds. How can we raise hell if the fed as a whole blows trillions and say that it's ok for the individual to blow several thousand? Consistency. A great deal of the trillions wasted are because of the nickel and dime crap pulled by people with the "I pay my taxes so it's my right to rip of the government." attitude. It's not the government they're ripping off it's you and me and everyone else that pays their taxes. Personally, I couldn't care less how this guy was caught just so long as he was and punished. He got off easy if you ask me. I'd have filed formal charges of theft against him after I fired him.

I don't see a problem with it either - but that's his argument as to why he shouldn't have been fired - that his supervisor used google to find the information. Personally, I think he got off way too easy.