An MSPB whiteboard discipline case decided on 11 September by Merit Systems Protection Board Administrative Judge Scott Borrowman has resulted in a 30-day suspension for a Department of the Navy employee whose office decorations, including a large ‘FAFO’ inscription and a profanity-laden printout, were reported as a potential insider threat.
What the Whiteboard Said
The employee had returned from a 14-day suspension for prior misconduct when his second-level supervisor, Alger, observed a series of new displays in and around his office. On the whiteboard, occupying around 70 per cent of the surface, was the acronym ‘FAFO,’ with each letter elaborated in detail: the first F contained the word ‘fuck’ written approximately 25 times, intermingled with scribbles. A printout nearby read: ‘Behold the field in which I grow my fucks. Lay thine eyes upon it and thou shalt see that it is barren.’ A wolf poster across the hallway bore the text: ‘After giving it careful thought, I have decided to become worse.’
Alger reported the display to his own supervisor, human resources, legal, and security, characterising it as ‘an aggressive taunt at a minimum, and at the high end, a direct threat to [the appellant’s] chain of command.’
The Employee’s Explanation
When interviewed, the employee told the investigator that ‘FAFO’ meant ‘fool around and find out,’ that the whiteboard was for his own use only, and that the numbers on the board recorded ‘the number of times I have had to take a shit at work because of the stress.’ He said the wolf image reflected his reaction to a poor performance rating. He also cited a speech by Secretary Hegseth in which Hegseth had used the same initialism, which the employee found relevant to his own meaning.
Administrative Judge Borrowman accepted that the employee had not intended to ‘threaten, intimidate, or harass any individual.’ The judge nonetheless held the display objectively inappropriate for a government office. The whiteboard’s content was ‘objectively aggressive,’ and the ancillary images together created ‘an overall effect that is inconsistent with the normal standards that apply to office decorations.’
MSPB Whiteboard Discipline Case: The Outcome
The judge imposed a 30-day suspension, reduced from the agency’s proposed sanction, reflecting that the display charge was one of two grounds considered. Subject to any onward appeal, the decision stands as a reminder that under Chapter 75 of the Civil Service Reform Act, federal employees facing suspensions of more than 14 days are entitled to MSPB review, and that what an employee intends by a display and what an objective observer perceives can pull in sharply different directions. Whether the employee pursues further review before the full Board or the Federal Circuit will determine whether that distinction is tested further.
