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National Park Service Fires Highly Valued Superintendent For Refusing New Job

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A national park superintendent who was highly valued for her performance and skills has been fired by the National Park Service for refusing to accept a job 500 miles away from her home and family.

While Mary A. Miller, superintendent at Sitka National Historical Park in Alaska, initially was successful in appealing her dismissal, a federal appellate court overturned a decision by the U.S. Merit Systems Protection Board and Ms. Miller was escorted out of the park by the chief ranger on New Year's Eve.

Park Service officials in Alaska decided in 2010 to shift Superintendent Miller from the historical park to a new position as Alaska Native Affairs Liaison in Anchorage, 500 miles away. When she declined the reassignment, claiming she was not qualified for the role and that it would be a hardship because of her family situation, the Park Service fired her. Ms. Miller then appealed that decision to the Merit Systems Protection Board, which overturned her dismissal.

In gathering testimony on Ms. Miller's appeal, the Merit Board heard from the Park Service how it "had a high regard for the appellant’s performance as the superintendent in Sitka. Indeed, agency witnesses testified that the agency relied upon the appellant’s strengths and accomplishments as a Superintendent as the basis for directing her reassignment to the Liaison position in Anchorage," the board noted.

Furthermore, it added in its ruling in April 2013, "we find that it did not promote the efficiency of the service to direct the appellant to take the position in Anchorage against her will and to remove her from employment altogether when she declined the position. As a result of the agency’s actions, it lost an apparently valued and successful employee, and created two vacancies that the agency had to fill after her removal."

The federal government's Office of Personnel Management then appealed that ruling to the U.S. Circuit Court of Appeals, which reversed the Merit Board, holding that the Park Service had legitimate reasons for reassigning Ms. Miller to Anchorage.

Yet the Park Service's determination to transfer Ms. Miller from Sitka was deemed "reprehensible" by U.S. Circuit Judge Evan Wallach. While Judge Wallach agreed with the court's majority that the Merit Systems Protection Board had wrongly approached Ms. Miller's case, he maintained that "it appears obvious to me that the agency’s actions were entirely pretextual and in bad faith."

Specifically, the Circuit judge wrote that the Park Service had crafted the job description for the Alaska Native Affairs Liaison in such a way " ... to obtain the desired result. It is obvious to me that the agency modified the standards and qualifications to make Ms. Miller the only person uniquely qualified, within the pool of employees that were considered for the position; that the agency’s actions were entirely pretextual; and that they were intended solely to present Ms. Miller with an improperly motivated Hobson’s choice. Such conduct by an agency of the United States is reprehensible."

In its ruling, reached in September, the Court of Appeals directed the Merit Systems Protection Board to reverse its decision. A final order supporting Ms. Miller's removal was filed on New Year's Eve and the Park Service appointed Neil Akana as acting superintendent for Sitka.

Comments

So Ray, who complained about Miller and what were they complaining about?


Know the whole dtory before you write an article!  Things arent always as they seem!


There is a lot more to this story. "Reprehensible" actually applies to the conduct of the Superintendent while she was in charge in Sitka. Her removal played out all kinds of wrong.  Ultimately this is the outcome that should have happened from the beginning. 


Perhaps you could provide some details, The Rest of the Story, and drop the anonymity to bolster your comment.


Too many excellent NPS employees transferred, retired, or quit.  There is a lot more to the story, and I applaud the NPS for the more than 5 year saga to improve a languishing workforce.  Here are some other articles:

2010 original removal - http://juneauempire.com/stories/052610/sta_644797640.shtml#.VoxRgvkrLIU

2013 reinstatement with back pay and removal of the new superintendent - http://www.adn.com/article/20130405/claiming-discrimination-tlingit-nati...

2013 another NP Traveler article - http://www.nationalparkstraveler.com/2013/12/sitka-national-historical-p...


I have a comment or two, first Kurt's comment to The Rest Of The Story about "drop the anonymity to bolster your comment" is very unjustified.  Just because Kurt does not know the full story is no reason to go after someone that may know a little more then he does.  I don't want my name out there also, because I still work the the NPS. I did work at Sitka National Historical Park with Mary Miller and I'm sure Kurt NEVER talked with any of the employees she supervised at the park now or in the past and has know idea what happened.  He needs to do a lot more research before posting stories like this.  The only thing the National Park Service did wrong was to take so long to remove her from office.  I love working for the National Park Service.  The NPS has made a lot of mistakes, but this is not one of them.   This story should be removed from the web site, or updateed after someone does a lot more fact checking.  


This is an extremely poorly researched article. It looks as though Mr. Repanshek just read the court documents and perhaps got the "official" NPS line from the national or regional office(s), which is CYA all the way. If he had bothered to consult with anyone who worked at Sitka during Ms. Miller's tenure, he could have provided some valuable insight into what happened there. Of course, he would have to do some hunting to find those employees, as 80% of the perment staff transferred or resigned during Ms. Miller's rather brief tenure at the park. There is also a management review document (T-map in NPS jargon) that details the situation at Sitka shortly before Ms. Miller was fired. I'm sure there are many NPS Alaska Region employees who have copies of this document, though I doubt that the regional office would be willing to to provide an "official" copy without a FOIA request.


I guess the still-puzzling question is why the NPS management praised Superintendent Miller so highly if she was doing such a terrible job? 

As for "dropping the anonymity," why is that unjustified? Anonymity on the Internet is a huge problem, because it allows folks to cast aspersions without concern. That said, we realize there are times for anonymity. This from our Code of Conduct:

We do not want to sanitize this forum, nor do we want to create the impression that it tilts one way or the other politically or philosophically. Yet there is a line, one that should not be crossed, in the common decency of civil discourse. If all you can do is throw stones and slurs, take it elsewhere.

Anonymous comments will continue to be allowed because there obviously are times when whistleblowers want to shield their identity, when the topic is political dissent, and when the individual doesn't want his/her comments attached to the organization they work for. That said, we encourage those who do not fall under those situations to be up front with who they are and not rely on what's been termed "drive by anonymity" to attack someone.

And, finally, I did reach out to one NPS staffer with Sitka ties, but never heard back.


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