Federal judges rejected Department of Veterans Affairs' demotion order for two VA officials. The evidences are reportedly insufficient to pin down the two officials who allegedly manipulated the hiring system of the agency.
The accused, identified as Kimberly Graves and Diana Rubens, were demoted last month. The VA's acting inspector general claimed the two forced lower-ranking officials to accept job transfers so they can step into the vacant positions themselves. They reportedly kept their senior-level pay, but with reduced responsibilities.
According to Yahoo News, Reubens earns $181,497 as the director of the Philadelphia regional office for the Veterans Benefits Administration. Graves on the other hand, gets $173,949 as head of the St. Paul, Minnesota, benefits office.
A chief administrative judge has overturned on Monday the Grave's demotion after Reubens admitted higher officials of the agency were aware of their shceme, but did nothing to prevent its execution. A different administrative judge also rejected Reubens' demotion because of the same reason.
Philadelphia Judge William Boulden says the disciplinary action against Rubens was "unreasonable" so it was ordered that she be returned to her position as Senior Executive Service with all "back pay, interest on back pay, and other benefits" within the next 60 days.
Moreover, Judge Szary Schroeder said in a separate ruling last week that punishing Graves would be inconsistent with the agency's failure on disciplining their personnel. She added that VBA official in Washington specifically Danny Pummill must have even encourage the activity, Herald Courrier reported.
"If no one in her chain (of command) said, 'Wait, this will not look right' when they approved her reassignment, how can a penalty be imposed against Ms. Graves for not saying that," she said.
Meanwhile, Florida Rep. Jeff Miller who is the chairman of the agency urged the most possible disciplinary act for the two. Based on the report of Military.com, Miller stated that someone is going to pay for this manipulating scandal. He also called the ruling "a twist of tragic tragedy".
House Veterans panel member Rep. Tim Walz, D-Minn also criticized the ruling, calling it "ridiculous". According to him, lawmakers "cannot let up in pushing for fundamental change that puts service to veterans above all else."
The VA refused to give a word on Rubens and Graves, but promised to take action where evidence warrants disciplinary action.
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