Austin Transit Leader Named New Metro General Manager — “Metro on Tuesday tapped the chief executive of a Texas transit agency to lead the system through safety and pandemic-related challenges that have frustrated riders and strained public transportation…Randy Clarke, 45, will replace Paul J. Wiedefeld, who announced in January that he would retire on June 30″ [The Washington Post]
Fairfax County Firefighter Gets Funeral Procession — “Tuesday marked the final farewell for Fairfax County Fire & Rescue Captain Kimberly Schoppa, who died last month from occupational cancer. Her line-of-duty funeral included a procession and escort to the church, with her flag-draped casket onboard a fire truck and then carried inside by the Honor Guard.” [ABC7]
Jury Awards Tysons Company $2B in Damages — A Fairfax County Circuit Court jury awarded Appian over $2 billion in damages after finding rival software company Pegasystems Inc. stole its trade secrets. Announced yesterday (Tuesday) after a seven-week trial, the damages are the largest ever awarded in Virginia court history, Appian says. [Appian]
County Board Approves New Budget — “On Tuesday morning, the Fairfax County Board of Supervisors gave final approval to the fiscal year 2023 budget, which reduces the real estate tax rate by 3 cents. The approved budget did not change from the budget markup the board approved on April 26.” [Patch]
Teachers’ Union Calls for Continued Virtual Learning — The Fairfax Education Association sent a letter to Fairfax County Public Schools Superintendent Scott Brabrand and school board members last week urging them to “continue offering a limited virtual school program for vulnerable students and staff.” FCPS announced in March that it will discontinue the option in the next school year. [WTOP]
Former Reston Association Board President Dies at 84 — “In the words of one reporter, Mike [Freeman Jr.] had a case of chronic community activism for a myriad of Reston organizations, including St. Anne’s Episcopal Church, FISH, and soccer and swim teams. He was a volunteer driver for the first local RIBS bus, and an elected board member of the Reston Association, serving as Board President 1988-89.” [Patch]
County Opens West Falls Church Transportation Survey — “The Fairfax County Department of Transportation (FCDOT) will hold a second round of virtual community meetings to present updates on the West Falls Church (WFC) Active Transportation Study…The public will have the opportunity to ask questions and provide input as well as completing an online survey to provide feedback.” [FCDOT]
Fairfax County Honors Hockey Team and Teachers — The Board of Supervisors recognized the Langley High School ice hockey team yesterday for winning the Northern Virginia School Hockey League championship in February while also completing the season with the least amount of penalties among teams. The board also designated May as Teacher Appreciation Month. [Fairfax County]
Veteran and Military Spouse Career Fair Starts Today — “The free-to-attend event features two days of opportunities for candidates to connect with companies, with in-person sessions between 10:00 am-12:00 pm and 1:00-3:00 p.m. ET on May 11 at the National Museum of the United States Army at Fort Belvoir, Virginia, and a virtual fair taking place from 1:00-4:00 p.m. ET on May 12” [Fairfax County Economic Development Authority]
It’s Wednesday — Partly cloudy throughout the day. High of 69 and low of 50. Sunrise at 6:01 am and sunset at 8:12 pm. [Weather.gov]
When Metro riders get off the future Herndon-Monroe Metro Station, town planners want the first impression of the town to be a unique experience.
That’s part of the reason why town officials are working on the Herndon Metrorail Promenade, a 500-foot-long and nearly 70-foot-wide gateway plaza that will connect the Metro station to Herndon Parkway.
It’s designed to be the first introduction to the town, offering a “gateway experience…unlike all other major entrances to the town,” staff said in planning documents.
Republicans have chosen a former U.S. judge to take on incumbent Rep. Gerry Connolly for Virginia’s 11th Congressional District this fall.
Jim Myles received the party’s nomination on Saturday (May 7) following a four-round canvass that started with five candidates. He won with 959 votes: 59% of the vote.
“I’ve certainly reached out individually to each of the other candidates to thank them,” Myles said. “I was very fortunate to win, and I certainly respected all of them.”
Fairfax County has a new plan that will guide efforts to make streets safer for pedestrians, cyclists, and others.
The Fairfax County Board of Supervisors is slated to endorse a Safe Streets for All Program at its meeting today (Tuesday).
“The purpose of the Safe Streets for All Program is to improve transportation safety in Fairfax County, particularly for active transportation users,” county staff said in a board packet. “The program framework includes systemic education, policy, planning, programmatic and design strategies.”
Students swarmed to the front of Herndon High School yesterday (Monday) to protest a pending Supreme Court decision that could overturn the landmark 1973 Roe v. Wade decision.
The group gathered for about a half hour after lunch, filling up a road, wearing the color green to show support and displaying signs that advocated for abortion rights. Slogans included “Keep your laws off my body,” which was coupled with a picture of a uterus, and “My body is not a political playground.”
County Board to Adopt New Budget Today — “Board of Supervisors set to adopt FY23 budget tomorrow, May 10. It fully funds @fcpsnews employee compensation and invests in priorities. $96 million balance to reduce real estate tax rate, increase affordable housing, parks, among others.” [Fairfax County Government/Twitter]
Lee District Gets New Community Center — Elected officials and community members gathered on Saturday (May 7) to cut the ribbon for Fairfax County’s new Lee District Community Center, which will provide recreation, educational workshops, and other programs to residents in the Buckman Road area on the west side of Richmond Highway. The center also hosts a workforce training and development center. [Neighborhood and Community Services]
Metro Reports Higher-than-Expected Ridership — “Ridership has already surprised their conservatively-estimated projection of 28 million rides by nearly 40% through the first three quarters of the fiscal year…The numbers bode well for the region’s economic recovery as tourism rebounds and more workers return to the office, but it is less welcome news for train and bus riders who are experiencing more crowded vehicles.” [DCist]
Great Falls Road Closure Starts Today — “Springvale Road will be closed for 48 hours starting Tuesday to allow VDOT crews to reconstruct the road’s approach to Route 7. During the closure, drivers on Springfield Road can access Route 7 by taking Georgetown Pike to the Utterback Store Road.” [Patch]
Mental Health Services Facility to Be Renamed — “Fairfax County officials on May 12 will celebrate the renaming and dedication of the former Merrifield Center as the ‘Sharon Bulova Center for Community Health’…Bulova served as chairman through 2019, when she retired after 31 years on the board.” [Sun Gazette]
Route 7 Bus Service Plan Inches Forward — “Plans to create a bus-rapid-transit, or BRT, line using Route 7 to connect Tysons to Alexandria continue to move forward, with the next installment to hire a consultant that will guide the next phases of the project.” [Sun Gazette/Inside NoVA]
Fort Hunt Teacher Reflects on Three-Decade-Long Career — “Reading Specialist Jill Norris joined the staff of Stratford Landing Elementary School in Fairfax County last August after a break from a 35-year career as a teacher. ‘To share my passion for reading and writing with kids and teachers,’ is what brings joy to Norris.” [ABC7]
It’s Tuesday — Clear throughout the day. High of 66 and low of 46. Sunrise at 6:02 am and sunset at 8:11 pm. [Weather.gov]
This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.
By John V. Berry, Esq.
When federal employees are fired, demoted, suspended, face Whistleblower issues, retirement problems, military discrimination or a host of other civil service issues they often can take their cases to the Merit Systems Protection Board (MSPB).
The MSPB is an administrative court that functions much like a civil court for federal employee claims. Here is a summary of the MSPB process, which varies depending on the type of claim.
Filing an MSPB Appeal
The first step in the MSPB appeals process is for a federal employee to file a MSPB appeal. For most types of cases that the MSPB hears (e.g., those involving removals or severe suspensions for federal employees), the deadline to file an appeal is typically 30 days from the effective date of the decision. It is critical to timely file an MSPB appeal or it will most likely be dismissed. Appeals are mostly filed electronically these days through the MSPB e-Appeals website. Different deadlines may apply for some whistleblower, military discrimination and other types of cases so having counsel is very important in MSPB cases.
Receipt of the Acknowledgment Order
Usually, within a week of filing an MSPB Appeal, an administrative judge will be assigned and issue an Acknowledgment Order setting the ground rules and timelines for the appeals case. Of key importance are deadlines to conduct depositions and/or seek documents related to the case from a federal agency. In some cases, the order may also require the federal employee to prove that the MSPB has jurisdiction (i.e., can hear the case) over their case or to require a federal employee to respond to other issues in the appeal.
The Agency Files a Response to the Appeal
Usually, 20 days after the issuance of the Acknowledgment Order, the federal agency involved in the appeal is required to provide their case file to the MSPB administrative judge and the federal employee. This file will include the documents related to the federal agency’s case and also their initial response to the Appellant’s appeal. The file is often helpful for use in the case.
Settlement
The attempt to settle an MSPB appeal can happen at any point of the MSPB appeals process. We often find that it takes place most often before or slightly after the discovery process. The settlement process at the MSPB can take many forms: (1) informal settlement talks between the parties; (2) MSPB settlement judge involvement; or (3) the Mediation Appeals Program at the MSPB. It is very important to focus on settlement early in the process, where appropriate.
Discovery (Seeking Documents and Taking Depositions)
In most cases, 30 days after the issuance of the Acknowledgment Order, the parties are required to submit initial discovery requests to each other if they choose to engage in discovery. The discovery stage is very important as it is the federal employee’s chance to obtain documents, correspondence, emails, video, data or audio in the agency’s possession which can be used to help the federal employee during the hearing. One of the most important aspects of discovery is the ability to question federal supervisors or others, under oath, in depositions. Depositions by a federal employee’s attorney can lead to very important information which can be used in a federal employee’s appeal.
Pre-Hearing Submissions
Prior to the MSPB hearing, the administrative judge will require pre-hearing submissions from each party. These generally include the parties’ versions of the issues to be heard, any agreed to stipulations, the documents to be used as exhibits in the case and potential witnesses sought for the case.
Pre-Hearing Conference
Prior to the MSPB hearing, the administrative judge will then review both parties pre-hearing submissions, meet with counsel for both sides (usually by telephone) and rule on witnesses, exhibits and other issues likely to come up at the hearing. A federal employee needs to be prepared to argue for the admission of their exhibits, witnesses and for the issues that will be heard at the MSPB hearing.
The MSPB Hearing
The MSPB hearing typically takes about 1-2 days depending on the number of witnesses involved. It can be held in person or conducted by video conference. During the hearing process, there will usually be opening statements by both sides. This will be followed by the examination and cross-examination of witnesses for both the federal employee and that agency. A court reporter will also transcribe the testimony given. There may be closing arguments and/or written closing submissions prior to the issuance of the administrative judge’s decision in the case. The written decision will then be issued.
Appeals from Adverse MSPB Decisions
Should the MSPB administrative judge issue an adverse decision, either party can file an appeal known as a Petition for Review (PFR) usually within 35 days after a decision is issued and will be reviewed by the MSPB’s Board on appeal.
Contact Us
If a federal employee needs assistance with a MSPB appeal, please contact our office at (703) 668-0070 or at www.berrylegal.com to schedule a consultation. We represent federal employees nationwide in MSPB appeals. Please also visit and like us on Facebook.
The preceding sponsored post was also published on FFXnow.com
The Fairfax County Police Department’s $2 billion pension fund plans to add cryptocurrency investment managers this month, furthering its years-long strategy in alternative finance.
The Fairfax County Police Officers Retirement System has invested in the emerging financial space since 2019, starting with blockchain technology, and it’s now slated to add two more fund managers who could get a share of the profits.
Hospitalizations for COVID-19 remain low in Fairfax County, but they have started to climb in recent weeks as the latest surge in the disease continues.
An estimated 52 new residents were admitted to a hospital with COVID-19 last week through Friday (May 6), a 54.2% increase from the previous seven days, according to data from the Centers for Disease Control and Prevention.
A familiar site intended to liven up Reston’s Colts Neck Road underpass is slated for temporary removal.
The public art installation — called “Thoreau’s Ensemble” by Philadelphia-based artist Ben Volta — will be removed in the coming weeks so the Virginia Department of Transportation can conduct a structural inspection of the concrete underpass.
The inspection, which happens every four years, will require Reston Association staff to remove and store the panels in coordination with the timing of the inspection.
A federal jury has convicted three gang members of killing a 21-year-old in 2019 after they abducted the man at a Fairfax County shopping plaza.
Peter Le, 24, of Dunn Loring; Young Yoo, 26, of Centreville; and Joseph Lamborn, 28, of California, were convicted in of murder, kidnapping, and other charges on Friday (May 6) in U.S. district court in Alexandria.
Along with Tony Le, 28, of California, the trio was also found guilty of conspiracy to engage in racketeering and narcotics trafficking in what prosecutors said was a drug trafficking conspiracy involving California, Virginia and other states.
Amazon Plans Chantilly Data Center — “Amazon.com Inc.’s data center arm is working to develop a new data center facility in Chantilly, with plans to invest nearly $36 million into the project, according to Fairfax County records. The vacant property located at 3980 Virginia Mallory Drive is part of Amazon’s 46.4 acres in Avion Parkway, which the company bought for $55.9 million in 2021.” [Washington Business Journal]
Rappelling Stunt Supports Fairfax County Nonprofit — “On Thursday and Friday, about 80 people, including two local elected officials, a Washington Post reporter, and a member of the D.C. Divas women’s football team, dressed in full pads and uniform, rappelled down the side of the Crystal City Hilton to raise funds and awareness for New Hope Housing.” [The Washington Post]
County to Choose COVID-19 Memorial Site by September — “The Fairfax County Board of Supervisors is positioning the county as one of the first localities in Virginia, Maryland and D.C. to build a permanent pandemic remembrance. The Fairfax County Park Authority recently submitted a memorandum to the board, summarizing project details, including design considerations, the project timeline and next steps, including the memorial’s location.” [WTOP]
County Board Sides with American Legion After Neighbor Complaints — “The Fairfax County Board of Zoning Appeals (BZA) voted 4-1 April 27 to overturn the zoning administrator’s ruling that American Legion Post 270 in McLean improperly was operating as a banquet-and-reception hall. Surrounding residents have complained about noise, loitering, late-night events and parties lasting until the early morning” [Sun Gazette/Inside NoVA]
FCPD Traffic Campaign Yields Citations — “On Tuesday [May 3], officers from our Traffic Division wrote over 100 citations and warnings during our extra enforcement campaign in the Annandale area. This campaign runs through May 22 and is geared towards making our roads safe for pedestrians, bicyclists, and drivers.” [FCPD/Facebook]
Afghan Refugees Look for Jobs in Tysons — “Job seekers, like 21-year-old Mohammad Fasih Yaqoobi, had the chance to meet with more than 30 employers hiring for roles at all skill levels. In Yaqoobi’s case, the fair represented an opportunity to provide for his family, who have already lived a lifetime of unimaginable circumstances.” [NBC4]
Chapel Road Closed in Clifton Starting Today — “Chapel Road (Route 641) between Water Street and Yates Ford Road (Route 612) will be closed to through traffic, weather permitting, Monday, May 9 through Wednesday, May 11 between 9 a.m. and 7 p.m. each day to replace a stormwater pipe, according to the Virginia Department of Transportation.” [VDOT]
It’s Monday — Partly cloudy throughout the day. High of 60 and low of 42. Sunrise at 6:03 am and sunset at 8:10 pm. [Weather.gov]
The weekend is almost here. Before you grab some Mother’s Day chocolate or head to bed for some much-needed sleep, let’s revisit the past week of news in Fairfax County.
Here are the 10 most-read stories on FFXnow this week:
Ideas for potential stories can be sent to [email protected] or submitted as an anonymous tip. Photos of scenes from around the county are welcome too, with credit always given to the photographer.
A local event will allow patrons to get a peek of the sights, sounds and fragrances of five private gardens.
The annual Reston Gardens of Note returns this year with self-guided tours on Saturday, June 4 from 10 a.m. to 3 p.m.
A garden party hosted by Hidden Lane Residential Landscapes is planned after the tour from 3-5 p.m. Members of the Reston Chorale will be on site to perform a variety of musical styles.
While many Fairfax County homeowners are bracing for jumps in their real estate tax assessments, the overall property tax burden on commercial and industrial property owners is projected to drop.
With the market upended by the pandemic, telecommuting, and other factors, the county’s property tax revenue for commercial and industrial properties will decrease by $8 million for fiscal year 2023, which starts July 1.
Meanwhile, the residential property tax base will increase by $155 million after a surge in housing demand fueled rising assessments. Bills are expected to increase even with the Board of Supervisors planning to reduce the tax rate when it adopts a new budget on Tuesday (May 10).
