Breach or Violation of Physical Security Policy

Have you been charged with a breach or violation of physical security policy? Breach of physical security charges are typically specific to jobs such as correctional, fire, security, or police officers, but can also sometimes include other positions. The types of conduct covered by this charge have included carelessness concerning firearms, or actions involving security screening violations.

To sustain this charge, the Agency must establish that: (1) there is an agency regulation or guidance setting out security policy; (2) the employee is on notice of the policy (i.e. knew or should have known); (3) as part of duties, the employee is required to follow policy; and (4) the employee committed conduct, constituting an omission or commission, in violations of the policy.[1]

Key defenses are whether the employee was on notice of the violation of any policy, did the conduct occur as alleged, and whether the employee has any affirmative defenses. Therefore, it is also very important to review the Federal Agency’s security policies to determine whether the Agency’s policy was unclear, ambiguous, or was lacking in terms of notice.

The federal employee attorneys at Melville Johnson, P.C. are highly experienced in MSPB matters such as these, and are willing and able to assist you in your federal employment legal matters. Call or message us today to discuss your situation and learn how we can assist you. Give us a call today at (404) 724 0000.

[1] Boo v. DHS, 122 M.S.P.R. 100 (2014).