A Reston man faces charges in connection to two sexual assault attempts at the same apartment complex, police say.
The Fairfax County Police Department announced today that its officers arrested Hugo Ernesto Argueta Vasquez, a 43-year-old Reston resident, yesterday (Wednesday) after they were called to the Charter Oak Apartments on Charter Oak Court for an attempted sexual assault at 5:26 a.m.
This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.
By John V. Berry, Esq
The Merit Systems Protection Board (MSPB) is an appeals forum for federal employees and former federal employees to challenge various types of federal agency actions, such as serious disciplinary actions (adverse actions), retirement appeals, whistleblower matters and other types of cases.
The most usual type of appeal for federal employees involves filing an appeal over a serious disciplinary action, such as removal from the federal service.
During an appeal a federal employee can choose to be represented by an attorney. That said, the federal agency on the other side will be represented in the appeal by an attorney. This article discusses some of the reasons for retaining an attorney familiar with the MSPB process to assist you in an appeal. In other words, the reasons why it is important for a federal employee to retain an MSPB attorney. Here are some reasons why it is important for a federal employee to retain an MSPB lawyer for their appeal.
Federal Agencies Treat MSPB Cases Differently When an Employee Has an Attorney
One of the reasons why it is important to have an MSPB experienced attorney representing a federal employee is that it will very likely make a difference in how the federal agency treats the MSPB appeal at issue. Federal agencies allocate their attorney resources first to cases where an individual has retained an attorney. Those cases tend to get the most attention because there are attorneys on both sides of the appeal.
In other words, where an appellant has their own attorney, the federal agency involved will focus more on that individual’s appeal merely because they have an attorney. This focus can help to resolve MSPB appeals earlier in the process.
The MSPB Process is Much Like a Civil Action
One of the most important reasons why it is important to have an attorney represent a federal employee in the appeals process is the fact that it is a very serious type of appeal, very similar to being involved in a civil lawsuit. There is a general misperception that the process is designed for an employee to effectively represent themselves.
An MSPB appeal functions much like a civil court case where there is discovery, the taking of depositions and the filing of briefs. As a result, representing yourself in this type of case is very difficult. It is often the case where federal employees discover this too late and we are contacted after discovery deadlines have passed which can make appeals much more difficult to prevail in and/or settle. It is important to have an MSPB attorney early in the process. Additionally, there are often legal arguments and filings required by an administrative judge that really require an attorney.
Increase the Chances of Settlement
Federal employees who retain attorneys in the MSPB process are more likely to resolve their MSPB appeals. Part of the calculation by federal agencies, in determining whether or not to settle MSPB cases, has to do with risk. Federal agency attorneys evaluate the risk of losing an appeal (a risk which increases when an employee has an attorney), but also other types of risks including the risk of adverse information being disclosed through discovery.
Individuals without counsel can run across difficulties such as how to format discovery requests or take depositions which can limit the amount of critical information uncovered in an appeal. This can decrease the chances of settling an MSPB appeal. MSPB lawyers are also able to understand and work out the legal terms of a settlement agreement with federal agency counsel to minimize risk and to attempt to ensure compliance with settlement agreements.
It is Difficult for an Employee to Represent Themselves at a MSPB Hearing
One of the most important reasons for having an attorney represent an appellant in an MSPB appeal is the difficulty for a federal employee in presenting their own case at the MSPB hearing. MSPB hearings typically involve presenting opening and closing statements, presenting and questioning witnesses, cross-examining witnesses and making legal objections to evidence.
It is also difficult for a federal employee to question themselves in a case, and their testimony as a result often takes the path of a statement which can have limitations. Having an MSPB lawyer assist them can help lead them through what can often be difficult testimony. We often have federal employees come to us following the filing of an MSPB appeal because they didn’t realize how complex the process could be. It is best to secure MSPB representation as soon as possible for federal employees.
If you are in need of advice regarding MSPB appeals, please contact our office at 703-668-0070 or through our contact page to schedule a consultation.
The Closet of Greater Herndon is holding its annual toy sale this Saturday, July 20, from 9 a.m. to 12:30 p.m.
Laura Greenspan, the toy sale coordinator, said this is the nonprofit thrift shop’s last off-site toy sale, but it doesn’t mean The Closet is ending toy sales altogether.
Covid Cases on the Rise — “COVID-19 activity is increasing across the U.S. and Virginia, including in the Fairfax Health District. Emergency department visits for individuals who are diagnosed with COVID-19 have increased to 3.3% of all emergency department visits — up from 1.2% in early June. Although still low overall, this is the highest proportion reported since late January 2024.” [Fairfax County Health Department]
Compass Coffee Workers Vote in Union Election — “All 22 workers whose ballots went unchallenged voted in favor of a union, according to tallies from the National Labor Relations Board on Wednesday. But union organizers and Compass representatives challenged 101 ballots, which puts the issue in the NLRB’s hands.” [Washington Post]
Reston Contractors Engage in Court Battle — “CACI International Inc. sued Science Applications International Corp. in Fairfax County Circuit Court on July 8, alleging SAIC did not fulfill its commitments as the prime contractor on an Air Force contract…CACI is seeking monetary damages of $16.8 million plus interest for the lost revenue and $25,546 per employee per month for each CACI employee” who was “solicited” by SAIC. [Washington Business Journal]
Fairfax City Plan to Reduce Water Pollution Approved — “The Virginia Department of Environmental Quality reviewed and approved Fairfax City’s draft third-phase Chesapeake Bay TMDL (total maximum daily load) Action Plan. The action plan outlines the city’s strategies to reduce pollutant discharges to the Chesapeake Bay watershed.” [City of Fairfax]
New Summer Programs at Mount Vernon — With its education center closed for renovations on top of an ongoing preservation project for its main mansion, George Washington’s Mount Vernon is shaking up its programming with “a series of themed weekends, each one highlighting a specific aspect of 18th century life.” [Washingtonian]
Results of Vienna Police Stop-Sign Crackdown — “In one of their yearly targeted-enforcement campaigns, officers with the Vienna Police Department Operations Division this past month cracked down on stop-sign violations within the community and issued 236 stop-sign citations and 153 citations for various other traffic violations, officials announced July 16.” [Gazette Leader]
McLean Restaurant Owner Discusses Journey — “Fahrenheit Asian is steeped in the Szechuan traditions that owner and chef Lilly Qin grew up with in her parents’ restaurant in Chantilly. But she is also charting a new path, constantly experimenting with new riffs on classic dishes.” [Washington Post]
Area Country Clubs Report Revenue Increases — In the D.C. area, International Country Club in Chantilly reported the biggest revenue jump (54.5%) from 2020 to 2022, though the Belle Haven (49%), Springfield (28.9%) and Army Navy (27%) country clubs also saw increases. However, “for many clubs nationwide, the pandemic-era revenue surge came along with skyrocketing expenses.” [WBJ]
It’s Thursday — Skies will be partly sunny with a high near 89 before thunderstorms potentially arrive after 5pm. At night, skies will be partly cloudy with a low around 69 and a 30% chance of precipitation. [NWS]
The future of data center development in Fairfax County remains in limbo after the Board of Supervisors voted unanimously last night (Tuesday) to delay their decision on a contentious zoning amendment another two weeks.
The supervisors said they needed more time to consider the input provided by 65 residents, attorneys, environmental activists and other community members during a public hearing that lasted nearly five hours.
With development continuing to emerge around Reston Town Center, Fairfax County is making a new push to obtain funding for a long-planned extension of the Town Center Parkway.
The proposed Dulles Toll Road underpass, which will connect Sunrise Valley Drive and Sunset Hills Road, is one of four major projects that the Fairfax County Department of Transportation (FCDOT) plans to submit for state funding from Virginia’s FY 2026- FY2031 Smart Scale Program.
After a several-month-long search, the Reston Museum Board of Directors announced that Lisa Watts will be its new executive director starting this month.
Watts, previously a Recreational Program Manager at Bull Run Academy of Gymnastics, will succeed Alex Campbell, the museum’s previous executive director.
In a bid to cut energy costs by tens of thousands of dollars, the Fairfax County School Board finalized a deal with a local solar developer last month to outfit nine elementary schools across the county with 250-kilowatt (kW) solar panels.
The solar Power Purchase Agreement (PPA) comes years after the school board approved a series of much larger solar projects that were halted after Dominion Energy introduced new interconnection rules that substantially increased project costs, rendering the projects economically unfeasible.
When the 2024 Olympic Games begin in Paris, France, next week, there will be a few athletes competing to bring a medal back to their homes in Fairfax County.
The U.S. Olympic & Paralympic Committee announced on July 10 that 529 athletes have qualified to represent Team USA at the Olympics, including McLean rower Claire Collins, Clifton soccer player Griffin Yow, and diver Greg Duncan and fencer Hadley Husisian, who are both from Oakton.
County Activates Heat Plan — With a Heat Advisory issued for 11 a.m. to 8 p.m., “Fairfax County has activated its Heat Plan for Wednesday, July 17. When Fairfax County’s heat plan is activated, cooling centers around the county will be available during normal operating hours for individuals needing relief from the heat.” [Fairfax County Emergency Information]
Police Department Shares Quarterly Crime Report — The Fairfax County Police Department has issued its First Quarter 2024 Crime Report for the period from Jan. 1 through March 31. Notable findings include an increase in traffic fatalities, declines in motor vehicle part thefts and carjackings, and an uptick in assaults. [FCPD]
Youngkin Speaks at Republican Convention — “With the 2024 talk fully behind him, the 74th governor of Virginia started anew — by appearing to lay the groundwork for a potential run in 2028. At least that’s how political analysts saw his speeches Tuesday to party activists in South Carolina and California over breakfast at their suburban Milwaukee hotels.” [Washington Post]
Virginia Backs Challenge to Transgender Rights — “Attorney General Jason Miyares is spearheading an amicus brief requesting the U.S. Supreme Court hear a case centered on protecting parental rights to ‘make decisions concerning the care, custody, and control of their children.'” A group of Wisconsin parents filed the lawsuit in a bid to overturn a school division’s policy “allowing students to change their gender identity at school without parental consent or notification.” [Virginia Mercury]
Route 28 Project Gets More Funding — “Transportation planners have approved a second round of funding in long-range plans to improve the commute on Virginia Route 28 between Manassas Park and Fairfax County.” The Northern Virginia Transportation Authority has allocated $40 million for road improvements between Manassas and Yorkshire. [WTOP]
County’s First Black High School Marks 70th Anniversary — “Reaves and Taylor were among the alumni who came to Luther Jackson Middle School on July 14 for the school’s 70th anniversary celebration.” The occasion featured a “living wax museum,” a student art exhibit, music, games and “discussions of the school’s history.” [Annandale Today]
Langley HS Hires New Baseball Coach — Rob Hahne, who led the Westfield Bulldogs to a regional championship last year, was hired on July 11 as the new head coach for Langley High School’s baseball team. “Hahne had unique interest in the position because he graduated from Langley in 1987, where he was a standout player, plus he grew up in that neighborhood.” [Gazette Leader]
It’s Wednesday — Expect scattered showers and thunderstorms starting at noon, with a high near 97 and heat index values up to 107. At night, the low will be around 74, with southwest winds at 5-7 mph. The chance of precipitation is 80%. [NWS]
