Wilkinson v. Legal Servs. Corp.

80 F.3d 535 (D.C. Cir. 1996); No. 95-5144 (D.C. Cir. Apr. 9, 1996) ; Clearinghouse Number: 51144

Description

Legal Services Corporation Inspector General Estopped from Claiming His Termination by Recess Appointee Board to Be Illegal

Abstract

The D.C. Circuit has reversed the district court's decision that appellee's dismissal was illegal. Appellee was employed under a written contract as the inspector general of the Legal Services Corporation (LSC) when the LSC board of directors exercised its contractual right not to renew his employment. The board was composed of recess appointees (i.e., not confirmed by the Senate). Appellee claimed that the board lacked authority to discharge him because its members were appointed in violation of the Appointments Clause, U.S. Constitution art. II, § 2, clause 2, which requires officers of the United States to be confirmed by the Senate. He sought transcripts pursuant to the Government in the Sunshine Act, 5 U.S.C. § 552b, of the closed session at which the board discussed his termination. The district court held that the board's composition was unconstitutional and that appellee was entitled to the transcripts; it also awarded appellee $224,600 as compensation for lost salary and employment benefits. On appeal, the United States intervened to assert that the recess appointments were constitutional under the Recess Appointments Clause, U.S. Constitution art. II, § 2, clause 3, which provides that the President has "Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session." The court of appeals held that, under Robertson v. Federal Election Commission, 45 F.3d 486 (D.C. Cir. 1995), appellee was estopped from challenging the constitutionality of the LSC board's composition after he had been employed and compensated by a recess appointee board for nearly two years. The court reversed and remanded for consideration of appellee's claim that his termination violated the LSC bylaws and the Legal Services Corporation Act.

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Attorney Information
Docket Date
1970-01-01 06:00:00+00:00

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