Under CRS 408, an agency is precluded from introducing documents appellant produced during settlement negotiations in his disqualification appeal. In re Murphy, CSA 09-11, 1-2 (Order 10/7/11).
Consent to a last chance agreement to avoid a disciplinary termination is not rendered involuntary by the threat of loss of public employment. In re Williams, CSA 56-04, 5 (5/06/05).
Consent to random drug testing was not rendered involuntary by its inclusion in a last chance agreement under which a public employee keeps his job on condition of no further drug use and submission to random testing. In re Williams, CSA 56-04, 5 (5/06/05), citing Jinzo v. City of Albuquerque, 1999 US App. LEXIS 14912 (10th Cir. 1999); Mararri v. WCI Steel, 130 F.3d 1180 (6th Cir. 1997); Schneckloth v. Bustamonte, 412 U.S. 218 (1973); McCall v. USPS, 839 F.2d 664 (Fed. Cir. 1988); Stewart v. USPS, 926 F.2d 1146 (Fed Cir. 1991).
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