Merit Systems Protection Board reinstates senior IT official fired from VA in 2010

The Merit Systems Protection Board on Friday reinstated Katherine Adair Martinez, a senior Veterans Affairs Department employee fired in 2010 as a result of a 2009 inspector general report that alleged she gave certain contractors preferential treatment.

Martinez served as deputy assistant secretary for information protection and risk management in VA's Office of Information and Technology from April 2007 until the spring of 2009.

The board's decision, written by Judge Lynne Yovino, sharply criticized VA Chief Information Officer Roger Baker for violating Martinez's constitutional right to due process.

Yovino said Baker did not provide Martinez with a "meaningful opportunity" to reply to the charges against her, and based on the IG report determined she was guilty of the violations charged.

Baker, the judge said, was biased against Martinez based on his review of the IG report and "his later claim that he nonetheless provided the appellant [Martinez] with a meaningful opportunity to reply is unavailing."

Yovino ordered VA to reinstate Martinez to her former position by April 21 and issue back pay with interest since February 2010. VA can request a review of Yovino's decision.