Walter Kolczynski
@bubba0077.bsky.social
478 followers 273 following 1.2K posts
RedLine developer and scrum master for NOAA-EPIC Global Workflow and Atmospheric River team
RedLine developer and scrum master for NOAA-EPIC Global Workflow and Atmospheric River team
![This letter is being provided to you in accordance with the preliminary injunction issued by the Northern District of California in American Federation of Government Employees v. U.S. Office of Personnel Management, No. 3:25-cv-1780 WHA (N.D. Cal.).
On April 28, 2025, U.S. District Judge William Alsup of the Northern District of California required the Department of Commerce (Department) to provide you with "a written statement, directed to [you] individually, stating that [your] termination was not for 'performance' or fitness based but was made as part of a government-wide mass termination" (April 18 Order). Although the Department previous sent you this statement, on July 23, 2025, Judge Alsup issued a further order requiring the Department "individualize the corrective letters ordered by" the April 18 Order (July 23 Notice).
The Department of Commerce is appealing the Court's April 18 Order. The Department believes it to be both legally and factually erroneous, specifically with respect to the Department, and intends to rigorously defend its actions as this matter continues through litigation. Nonetheless, the Department must comply with the Order unless and until it is stayed or reversed by an appellate court.
Therefore, in accordance with the Court's April 18 Order and July 23 Notice, the Department of Commerce hereby informs you, as required by the Court, that your earlier termination "was not 'performance' or fitness based but was made as part of a government-wide mass termination."
This letter is to be (i) implemented consistent with applicable law and (ii) shall not serve as any basis for liability against the Department of Commerce or any other agency or instrumentality of the Federal government before any court or in any administrative proceeding. The Department of Commerce reserves all rights.
Regards,
(signature)
John K. Guenther
Acting General Counsel](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:v47ye4fkfuxfs2cjxeo4zgi7/bafkreibu2u6bsklwswflccfluluj6umfjnpfoi4wednad5o5hinoei2w5m)
