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Administrative Law Keyed to Breyer
Arnett v. Kennedy
Citation:
416 U.S. 134 (1974)Facts
Wayne Kennedy was a nonprobationary federal employee in the competitive civil service working as a field representative in the Chicago Regional Office of the Office of Economic Opportunity (OEO). In February 1972, he received a “Notification of Proposed Adverse Action” from his supervisor, Regional Director Wendell Verduin, charging him with making slanderous statements. The most serious charge was that Kennedy had publicly stated, without proof and in reckless disregard of the facts, that Verduin and his administrative assistant had attempted to bribe a representative of a community action organization with a $100,000 grant of OEO funds if the representative would sign a statement against Kennedy. Kennedy was advised of his right to reply to the charges orally and in writing, but instead of addressing the substance of the charges, he asserted that he had a right to a trial-type hearing before an impartial hearing officer before removal and that his statements were protected by the First Amendment. On March 20, 1972, Verduin notified Kennedy that he would be removed from his position. Kennedy then filed suit challenging both the procedures used to remove him and the constitutionality of the statutory standard for removal.
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