United States of America

Merit System Protection Board

Phillip J. Chojnacki,




Department of the Treasury.


Settlement Agreement

The parties solely to resolve this matter without further litigation freely and voluntarily enter into the following agreement in settlement of this appeal.

1. The Bureau of Alcohol, Tobacco, and Firearms, Department of the Treasury (hereinafter "Agency") will reinstate Phillip J. Chojnacki (hereinafter "Appellant") to federal service retroactive to October 28, 1994, with back pay and benefits, less any offsets or witholdings required by law. Pursuant to the terms specified below, Appellant will be reassigned to the position of Enforcement Programs Specialist (Series 1801, Grade 14, Step 10)....


4. If by January 9, 1995, Appellant has any unused annual leave in excess of 240 hours, commonly referred to as "use or lose time," Appellant will be allowed to carry over this unused "use or lose" leave to 1995.


11. The Agency will pay Appellant's attorney's fees to the extent that such fees are reasonable, not otherwise covered by a legal defense fund, and are in accordance with law and substantiated by an itemized statement of service....

12. ... Both parties further agree that all documents filed by them or on their behalf, including, but not limited to, the petition of appeal, the Agency file, motions, and supporting documents, to the extent allowed by applicable Board law and regulations, will be withdrawn from the official record of this appeal. Appellant and Appellant's counsel agree not to disclose reports of the interviews conducted by the Waco Administrative Review Team, the Texas Ranger interviews, and the ATF shooting review notes, which were provided to them in the course of this matter.....


14. ...Any reference in the OPF (Chojnacki's official personel file), the Employee Performance File (EPF), and in any disciplinary file, to this disciplinary action will be expunged. Any documents in these files relating to or concerning disciplinary action will be removed and destroyed. The SF50, reflecting the Appellant's removal, will be expunged and replaced with an SF50 reflecting a voluntary action by the Appellant.

/s/ Phillip J. Chojnacki, Appellant 12/20/94

/s/ Gail M. Dickerson, Attorney for Appellant 12/21/94

/s/ Daniel Black, Deputy Director ATF 12/16/94

Federico Lopez, Agency Counsel 12/16/94