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Administrative Law Keyed to Popper
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 March 1972, he was removed from federal service pursuant to the Lloyd-La Follette Act after Wendell Verduin, the Regional Director of OEO, upheld charges that Kennedy had made slanderous statements. Specifically, Kennedy was accused of stating at a union meeting that Verduin and his assistant had attempted to bribe a representative of a community action organization with a $100,000 grant if the representative would sign a statement against Kennedy. Kennedy was provided with 30 days’ notice of the proposed adverse action and informed of his right to reply orally and in writing. Rather than responding to the substance of the charges, Kennedy asserted that he was entitled to a trial-type hearing before an impartial hearing officer prior to removal. After his dismissal, Kennedy filed suit challenging both the procedural aspects of his termination and the constitutionality of the statutory standard for removal.
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