THIS IS WHY THETE IS SO MUCH CONCERN OVER “FIRED” VS “RESIGNED
This article is about VA Secretary David Shulkin’s removal back in March. But it’s totally relevant to today.
“The debate centers on vague language in the Federal Vacancies Reform Act of 1998, which gives the president broad authority to temporarily fill a vacancy at a federal agency with an acting official if the current office holder “dies, resigns, or is otherwise unable to perform the functions and duties of the office.”
But some legal experts note that the law does not explicitly grant that authority to the president in the case of firings. That could make Trump’s decision to appoint Wilkie, the under secretary of defense for personnel and readiness, as acting VA secretary a potential test of the president’s authorities under the act.
And it means that any formal actions Wilkie takes as acting secretary could face a legal challenge that might stall sorely needed reforms and modernizations at the troubled agency.”
https://www.politico.com/story/2018/03/31/did-shulkin-get-fired-or-resign-veterans-492877