IEC Journal

OSC finds retailiation of whistleblowers in Air Force Mortuary case

See OSC's press release at: http://www.osc.gov/documents/press/2012/pr12_01ppp.pdf.

Related news articles include:

• Washington Post http://www.washingtonpost.com/world/national-security/dover-mortuary-whistleblowers-suffered-retaliation-say-investigators/2012/01/31/gIQA0VTNfQ_story.html 
• POGO http://pogoblog.typepad.com/pogo/2012/02/top-whistleblower-cop-carolyn-lerner-recommends-punishment-for-retaliation-at-port-mortuary.html#tp 

Praise for Active New OSC Chief

The Washington Post had a profile of new Office of Special Counsel head Carolyn Lerner. Here's an excerpt:

Since she took over the obscure investigative unit that reviews disclosures of government wrongdoing — and advocates for employees who are punished for reporting it — the employment and civil rights lawyer, 46, has shown a willingness to shake things up.

In several high-profile cases, Lerner has gone to the mat and tried to expand the boundaries of the law’s protections for whistleblowers. She has lifted long-sagging morale at an agency that, instead of behaving as an independent watchdog, has treaded water for much of its existence.

Lerner’s staff is tackling neglected cases, in contrast to her predecessor, whose office had thrown many out, and claims have shot up since she arrived, Lerner says. She has challenged judgments by the panel that decides civil service disputes. And she has called for wholesale changes to the law prohibiting politicking by public employees so local and state workers can run for office, even if their jobs are tied to federal funding.

 

NPR Story on Office of Special Counsel

National Public Radio has a positive story available about the turnaround at the Office of Special Counsel. Here's an excerpt:

If [new Special Counsel Carolyn] Lerner keeps up her recent pace, the office may not remain secret for much longer. She went public earlier this month with a report critical of personnel decisions by the Air Force. Lerner raised questions about whether the Air Force had inadequately disciplined managers at the mortuary at Dover Air Force Base, where three whistle-blowers reported that remains of dead American service members had been mishandled.

"Because we're independent, we really can be an objective source for reviewing what the agency's internal investigations uncover and pointing out problems with those investigations," Lerner says. "If there are still questions that remain, we can raise them."

Debra Katz, a Washington employment lawyer who's followed the office for decades, took note.

"By taking the position that she did, and making it clear she was not going to be a wallflower or someone who could just be walked over, but she would go toe-to-toe with the Air Force, she sent a very strong message that whistle-blowers would be protected," Katz says.

OSC Turnaound is Praised

The Washington Post's Federal Diary columnist observes that Scott Bloch left the Office of Special Counsel in bad shape, and praises the current incumbent for substantial improvements:

Carolyn Lerner gets the credit [for Office of Special Counsel reforms]. She was sworn in as special counsel in June.

Her “tenure is very young, but she hit the ground running and appears to be fearless,” said Thomas Devine, legal director of the Government Accountability Project, a whistleblower advocacy group.

She showed her determination “to rebuild the trust of all federal whistleblowers in OSC and our whistleblower protection program” with the announcement this month that her office asked the Merit Systems Protection Board (MSPB) to stay, or temporarily block, “serious adverse personnel actions” against two federal employees.

Stays were granted in those cases, plus another one in July. That’s just three, but they mark a significant increase for OSC. It won no stays from MSPB in 2008, 2009 or 2010. Under Lerner, the office has taken “a great step forward,” said Stephen Kohn, executive director of the National Whistleblowers Center. “The office had been stagnant for 10 years.”

New OSC Advisories

The Office of Special Counsel has new advisories on briefings and mixed travel:

• 10/6/11 Advisory on Briefings
• 10/6/11 Advisory on Mixed Travel

OSC Seeks Quick Relief for Two Whistleblowers

An Office of Special Counsel press release reports on OSC's efforts to seek stays of adverse actions proposed against whistleblowers. The press release notes:

Special Counsel Carolyn Lerner stated that “these cases concern serious threats to public health and safety, and raise important issues of law.  OSC’s actions make clear that this agency will vigorously protect federal employees against retaliation when they blow the whistle.” Ms. Lerner recently completed her first 100 days at the helm of the Office of Special Counsel. 

POGO has additional comments.

 

OSC Proposes Hatch Act Changes

The Office of Special Counsel has proposed legislative changes to the Hatch Act, including adding graduated penalty options to the only choices are not firing or 30 day suspension.

MSPB: Perceptions of prohibited personnel actions hit 18-year low -- GovExec.com

A Merit Systems Protection Board study, released Wednesday, found that federal workers reported that they observed or experienced the 12 prohibited personnel practices less frequently than at any point during the last 18 years. In a survey of more than 42,000 employees, 8 percent said they had been affected by one prohibited practice, while 1.3 percent said they had experienced more than three.

Perceptions of discrimination based on age, race, disability and other factors have steadily declined since 1992, the report found. Experiences of coercion related to political activity were slightly more common than 18 years ago but still were rare at just 0.7 percent. Nearly 7 percent of employees reported perceptions that management had granted an unfair advantage during the recruitment or promotion process, higher than other practices studied but lower than in previous years.

via www.govexec.com

Planning Website Upgrades: OSC & Beyond

Public interest groups GAP and POGO have suggested substantive improvements to the Office of Special Counsel website. Here's an overview:

The OSC website should be a key resource for all potential and current federal whistleblowers, and should promote and demonstrate transparency, openness, and accountability. Further, it must be dynamic, easily navigable, straightforward, well-organized and aesthetically helpful in directing people to information quickly. But it falls short in many of these areas.

Recurring themes of functionality issues included out-of-date information, difficult navigation, an absence of document organization and transparency, and a lack of social media presence.

The Office of Special Counsel is a unique agency, but many agency ethics websites could benefit by the application of similar rules.

OSC: Dept. of Energy Mistreated Whistleblower

An Office of Special Counsel press release alleges that the Department of Energy violated a whistleblower's rights by suspending him for 13 months. Here's an excerpt:

U.S. Department of Energy (DOE) Secretary Steven Chu has agreed to change his agency’s internal policies and regulations in response to an Office of Special Counsel investigative report finding DOE committed prohibited personnel practices against Stephen Patrick, a nuclear materials courier and a federal agent at DOE’s Oak Ridge, Tennessee, facility. Mr. Patrick was twice suspended when his managers revoked his certification to work with nuclear materials under the Department’s Human Reliability Program (HRP). ...

On August 2, 2011, DOE informed OSC that while it disagreed with OSC’s conclusion that it had violated Mr. Patrick’s due process rights, it was rescinding its policy of mandatory indefinite suspensions when an HRP certification is revoked. Instead, DOE agents like Mr. Patrick will be placed on administrative leave pending the completion of their internal appeals. Furthermore, a DOE working group is drafting regulatory changes to expedite the internal appeals process to avoid lengthy delays, like the 13 months that passed between the revocation decision in Mr. Patrick’s case and the resolution of his appeal.

Scott Bloch Sentence Reversed

Talking Points Memo reports that the District Court rescinded Scott Bloch's one month prison term. According to District Court Judge Lamberth:

That said, the Court finds it surprising that none of the attorneys in this case--neither those for the government, nor those for defendant--questioned such precedent upon reading the statute. This is, at bottom, a situation in which lawyering has fallen short. Again, however, the relevant question is what defendant believed when he pled guilty, however inexplicable that belief.

Special Counsel Announces Settlement of U.S. Customs Case

The OSC press release concerning this whistleblower reprisal case is available. Here is an excerpt:

In a series of whistleblower disclosures to OSC from 2005 to 2007, Mr. Downey revealed compelling evidence of misconduct, management neglect, and abuses of overtime pay at Blaine Sector. Investigations initiated by OSC of Mr. Downey’s disclosures substantiated many of his allegations.

Mr. Downey also alleged that he was retaliated against after he disclosed the wrongdoing, and OSC’s investigation substantiated his claim. Specifically, OSC found a pattern of illegal retaliation including: retaliatory investigations that led to a proposed decision to fire Mr. Downey; a suspension; an indefinite transfer to another border patrol station; a reprimand; the removal of his supervisory duties; and a failure to promote him despite a favorable recommendation from his supervisor.

 

News items of interest:

• State Dept. contracting officer under investigation for steering $52M of contracts to her secret husband.  See full article from Daily Caller at http://dailycaller.com/2011/07/19/state-dept-contract-officer-steers-52-million-to-secret-husband-daughter/.
• MSPB upholds removal of DHS Senior Special Agent, after he failed to establish whistleblower affirmative defense for (1) unauthorized queries of individuals on an official government computer database; (2) unauthorized disclosure; (3) misuse of position; and (4) lack of candor.  See MSPB opinion at http://www.mspb.gov/netsearch/viewdocs.aspx?docnumber=618847&version=620720&application=ACROBAT.
• MSPB dismissal of OSC case to remove an employee for violation of the Hatch Act is upheld.  OSC failed to comply with Board rules to state "with particularity any alleged violations of law or regulation, along with the supporting facts."  However, OSC may bring a new complaint.  See MSPB opinion at http://www.mspb.gov/netsearch/viewdocs.aspx?docnumber=621454&version=623336&application=ACROBAT

MSBP Grants Stay of Firing of Alleged Whistleblower

Here's the opening of a July 6 press release at the OSC website:

Special Counsel Carolyn Lerner of the U.S. Office of Special Counsel (OSC) today announced that her office obtained a July 5 order from the U.S. Merit Systems Protection Board (MSPB) that stays the firing of federal whistleblower David Butterfield so that OSC may have time to investigate the matter. Agent Butterfield is an air interdiction pilot with the U.S. Department of Homeland Security’s (DHS) Customs and Border Protection agency in San Diego, California. In 2007, Butterfield disclosed to the agency’s Office of Inspector General that his fourth level supervisor had compromised a potential internal affairs investigation by secretly tipping off Butterfield to the fact that Butterfield was the subject of an ongoing internal affairs investigation. Upon advice of his personal attorney, Butterfield reported his supervisor’s actions to DHS authorities, who in turn investigated the matter.

Former OSC Chief Lawsuit

Al Kamen's In The Loop column discusses former Office of Special Counsel Chief Scott Bloch's $202 million RICO lawsuit against multiple defendants, including Karl Rove, Tom Davis and multiple other defendants, including the Government Accountability Project, Public Employees for Environmental Responsibility and the Project on Government Oversight.

Courthouse News Service has the 63 page complaint.

Lerner Confirmed to Lead OSC

An Office of Special Counsel press release advises that last week "the Senate confirmed Carolyn N. Lerner to the position of Special Counsel of OSC. Ms. Lerner, a partner at the Washington, D.C. employment law firm Heller, Huron, Chertkof, Lerner, Simon & Salzman, will join OSC for a five-year term."

New OSC Guidance on Displaying Presidential Photos in the Federal Workplace

Because President Obama has declared his candidacy for 2012, the Office of Special Counsel issued guidance concerning the display of Presidential photographs in the federal workplace.  OSC advised that those with questions should contact the Hatch Act Unit at 202-254-3650 or Hatchact@osc.gov.

Download 2011-04-05 OSD FAQ Re Presidential photographs and candidacy for reelection

Bloch Sentenced to One Month

BLT, the Blog of Legal Times, reports that former Office of Special Counsel head Scott Bloch has been sentenced to one month in prison on a contempt of Congress charge.

OSC Nominee Testimony

Office of Special Counsel nominee vows to boost morale (3/10/11) -- GovExec.com. An excerpt:

In less than an hour of testimony, Lerner laid out an ambitious agenda to reform the reputation of OSC among federal employees and watchdog groups. The office's credibility took a major hit when Scott Bloch ran it from 2004 through 2008 amid allegations that the special counsel himself had retaliated against whistleblowers inside his office.

 "Restoring and improving the reputation of the agency is an important goal for me," Lerner said.

OSC seeks removal for Hatch Act violation

On 17 Feb 11, the OSC issued a one-page press release seeking removal of a DOJ attorney for acceptance of partisan political contributions from a subordinate.  See press release at: http://www.osc.gov/documents/press/2011/pr11_04ha.pdf

DOJ Position on OSC Head Sentencing

Some people are quite displeased with the Department of Justice position on sentencing of former OSC head Scott Bloch:

The Department of Justice has literally teamed up with Scott Bloch-who previously plead guilty to blowing off Congress--to try to help him avoid any jail time, at any cost to credibility, for that crime. The extent of this collusion first became apparent in a ruling dated February 2, 2011 by Federal Magistrate Judge Deborah Robinson, who is handling the matter.

OSC reconciles guidance on use of bumper stickers on personal vehicles

 The Hatch Act does not prohibit a federal employee from placing a partisan political sign or bumper sticker on his or her privately owned vehicle and parking it in a federal parking lot or facility.   OSC confirms that a federal employee would not violate the Hatch Act if he has one bumper sticker for candidate A and another for candidate B on his private vehicle.  However, OSC will find a violation where the federal employee’s partisan political materials display, including bumper stickers, makes the vehicle appear to be a campaign mobile.  Download 2011 OSC Bumper Sticker Opinion and Download 2011 OSC Petition for Reulmaking (Bumberstickers).



• OSC May 2008 Opinion http://www.osc.gov/documents/hatchact/federal/Commerce%20AO.pdf
• OSC Jan. 2007 Opinion http://www.osc.gov/documents/hatchact/federal/Nat'l%20Guard;%20uniform,%20car,%20bumper%20sticker.pdf 
• OSC Oct. 1996 Opinion http://www.osc.gov/documents/hatchact/federal/oldfha-07.htm

OSC on Freedom of Speech for Government Employee

An Office of Special Counsel press release discusses a case involving freedom of speech issues. Thanks to Mark Stone for the tip.

Former OSC Head Facing Jail Time?

BLT (Blog of Legal Times) reports:

Scott Bloch, the former head of the Office of Special Counsel, must serve at least one month in prison on the charge of lying to Congress, a federal magistrate judge in Washington said in a ruling published Wednesday evening.

More.

OSC found Bush Administration Officials violated the Hatch Act

OSC's report found the Office of Political Affairs acted more like a campaign office than an advisory office for the President, when it conducted political briefings for agency political appointees during work hours and in the Federal workplace.  OSC's investigation expanded to review other Hatch Act violations including improper classification of political travel as "official" and failure to seek reimbursement from political appointees for this political travel.  See OSC report http://www.osc.gov/documents/hatchact/STF%20Report%20Final.pdf

See also GovExec article http://blogs.govexec.com/fedblog/ and Politico article http://dyn.politico.com/printstory.cfm?uuid=601ACD52-7F25-4233-9CEB-78676900A53E.

More on Park Police Chief Reinstatement

Joe Davidson, the Washington Post's Federal Diary columnist, has additional views on the whistleblower reinstatement story reported here Wednesday in a column entitled "A victory for former Park Police chief might not be a victory for whistleblowers": 

PEER's executive director, Jeff Ruch [was] of course, delighted with the decision. "A resounding victory," Ruch called it. "It was a 'wow' decision that I think is unappealable." But he warned against overstating its importance. Ruch, who made the "false beacon" remark, said other whistleblowers, in less prominent cases with fewer resources, are unlikely to prevail. "She and her husband basically put together a resistance movement," Ruch added, "and we became her guerrilla army."

Nominee for OSC Chief

NPR reports that the President has nominated Carolyn Lerner to be the new head of the Office of Special Counsel.

IEC Presentation Materials - OSC on Hatch Act (Aug 2010)

As promised at today's IEC meeting, here are the materials from the Office of Special Counsel Hatch Act presentation.  Most notably:

• SUBSCRIBE TODAY!  OSC now has a Hatch Act listserve.  You can subscribe by going to listserv.osc.gov (or to skip a couple pages, go to listserv.osc.gov/scripts/wa-osc.exe?SUBED1=HATCHACT&A=1).  Once you submit your email address remember that you must verify your email address to complete subscription.  This will arrive as a confirmation email with a hyperlink.
• OSC updated handouts:
• • Power Point Presentaiton Handout Download OSC Power Point on Hatch Act & Social Media (8-10)
  • Handout on Displaying Photos in the Office Download OSC Can Feds display Presid Photos in office (8-12-10)
  • Updated FAQ Regarding Social Media & the Hatch Act Download OSC FAQ on Social Media (2010-08-10) UPDATED
•  Links to some of the cited OSC cases:

• • Special Counsel v. Pattie Ware: http://www.mspb.gov/netsearch/viewdocs.aspx?docnumber=505805&version=507249&application=ACROBAT

  • Special Counsel v. Phillip Mark: http://www.mspb.gov/netsearch/viewdocs.aspx?docnumber=520350&version=521812&application=ACROBAT 

  • Special Counsel v. Paula Acconcia: http://www.mspb.gov/netsearch/viewdocs.aspx?docnumber=289570&version=289913&application=ACROBAT  

Hatch Act FAQ List Updated

The ever-alert Mark Stone advises that the Office of Special Counsel updated its list of Hatch Act FAQs ("Frequently Asked Questions") on July 19.

Watchdog Groups Object to Probation for Former OSC Chief

Watchdog groups are arguing that probation is too light a sentence for former Office of Special Counsel chief Scott Bloch. A letter by Debra Katz to the magistrate who accepted Mr. Bloch's guilty plea to criminal contempt of Congress is available at the Legal Times website. The Washington Post also had a story about the matter.

Two suspended for aiding & abetting prohibited personnel practice

Two Coast Guard human resources specialists were suspended for aiding and abetting in an officer commit a prohibited personnel practice, in the form of creating a job description that only one person could meet (giving preferential advantage and misusing of their positions). 

See Office of Special Counsel press release at http://www.osc.gov/documents/press/2010/pr10_13.pdf.

See MSPB decision at http://www.mspb.gov/netsearch/viewdocs.aspx?docnumber=499275&version=500707&application=ACROBAT

Former OSC Head Pleads Guilty

Scott Bloch, former head of the Office of Special Counsel, pled guilty on Tuesday to one misdemeanor count of contempt of Congress. A PDF copy of the plea agreement is available:

Download Bloch Plea Agreement

Former Special Counsel Faces Criminal Charge

The Associated Press reports:

Federal investigators charged the nation's former top protector of whistle-blowers Thursday with criminal contempt of Congress.

Former U.S. Special Counsel Scott Bloch withheld information from the House Oversight and Government Reform Committee during the Bush administration, according to a two-page filing in federal court by the U.S. attorney's office here.

The charging papers filed in the case are known as an "information" and ordinarily signify that a defendant is preparing to enter a guilty plea as part of an agreement with prosecutors.

Bloch had been under investigation for allegedly retaliating against his own employees.

Talking Points Memo has a statement from Mr. Bloch's attorney. An earlier National Law Journal article examined the efforts of the Office of Special Counsel to deal with the aftereffects of Bloch's tenure.

OSC Brings Hatch Act Enforcement Action Against GSA Employee

Today's press release at the OSC website announces the decision to seek disciplinary action for an alleged Hatch Act violation:

An investigation conducted by OSC found evidence that the GSA employee engaged in prohibited political activity, including soliciting political contributions and e-mailing promotional material in association with the 2008 Presidential election. The e-mails were sent to other federal employees and federal contractors and, among other things, included information about volunteer opportunities for then-Presidential candidate Barack Obama’s campaign. The GSA employee engaged in this activity while on duty and while in a government building.

Thus, OSC’s investigation found evidence that the GSA employee violated three Hatch Act prohibitions – the prohibition against soliciting, accepting or receiving political contributions from any person, the prohibition against engaging in political activity while on duty, and the prohibition against engaging in political activity while in a room or building occupied in the discharge of official duties by an individual employed in the Government of the United States. Accordingly, OSC has filed a complaint with the MSPB, seeking disciplinary action with respect to the GSA employee for knowingly violating the Hatch Act.

Office of Special Counsel Developments

The Office of Special Counsel has completely revamped its web site. Of special interest: the expanded list of Frequently Asked Questions about the Hatch Act.

More news: The OSC settled what is believed to be a particularly significant Hatch Act case (reported here earlier when OSC filed the complaint). The case involved a DIA supervisor's attempt to influence subordinates' votes in the 2008 Presidential election.

Finally, OSC has also filed complaints for disciplinary action against three more federal employees.  Here are links to those press releases:

http://osc.gov/documents/press/2009/pr09_13.pdf

http://osc.gov/documents/press/2009/pr09_22.pdf

http://osc.gov/documents/press/2009/pr09_24.pdf

OSC Activity

The Office of Special Counsel has posted several new press releases at its website, on topics including but not limited to the following:

 

PR09_11-- A Hatch Act complaint about a supervisor at DIA attempting to influence his employees in the 2008 Presidential election.

 

PR09_10-- An OSC finding that the Department of Transportation was derelict in failing to respond to aviation safety allegations.

 

PR09_09-- A Hatch Act complaint against a USPS employee for running in a partisan political election last fall.

 

PR09_06-- A Hatch Act complaint against a VA doctor for using his position to influence the 2008 Presidential election.

OSC Charges Two With Sending Politial Advocacy E-mails

An Office of Special Counsel press release describes misuse of e-mail charges against two federal employees, as follows:

One employee, while on duty, at work and using his official title, disseminated an e-mail that requested political contributions for then-Presidential candidate Barack Obama. The other employee, while at work and on duty, distributed an e-mail that encouraged recipients, including employees she managed, not to support then-Presidential candidate Obama.

Thanks to the ever-alert Mark Stone (registration required) for the tip.

Challenges for Office of Special Counsel

In a Government Executive article, former Special Counsel Elaine Kaplan outlines some of the challenges facing the Office of Special Counsel in the wake of the recent departure of Scott Bloch:

"We think that the next administration really should pay a lot of attention to the agency because it has the potential to do a lot of really good and important stuff," said Elaine Kaplan, who ran OSC from 1998 to 2003 and now serves as senior deputy general counsel of the National Treasury Employees Union. "And in spite of the fact that there have been a lot of problems there during the past five years and that there has been a lot of turmoil, I still think it's entirely possible that this place can be turned around."

That job won't be easy though, she said, noting that Bloch's successor "will have a lot of rebuilding to do."

More OGE Web Site Search Tips

Via an e-mail, OGE endorsed the search tip offered here last week, with OGE Program Analyst Paul Bergstrand going one step better. Paul noted the possibilty of saving even more time by creating a custom Google search engine for searching the OGE site. This eliminates the need to type in the "site:" prefix, and also allows the option of having government sites (like OGE) and non-profit sites to have search results appear without ads.

We have implemented Paul's suggestion by adding a link in the right margin entitled "Custom Search OGE Web Site." This is a Google Beta service (meaning they are still testing it). Let us know what kind of results you have, so we can decide whether to implement similar searching for IEC Journal.

Gov Exec Reviews Hatch Act, OSC

Government Executive magazine has an interesting overview (here & here) of the Hatch Act and the Office of Special Counsel, including many links to related articles.

G

Hill To Probe OSC

Government Executive has an article about a possible Hill investigation into controversies at the Office of Special Counsel, spurred most recently by harsh language in the OSC Deputy's resignation letter. The "Related Stories" box beside the article links to other stories providing background.

OSC Is Investigated

Gov Exec reports on an investigation of controversial Office of Special Counsel head Scott Bloch.

OSC Response to EPA Hatch Act Allegations

The Office of Special Counsel has concluded that the appearance of Environmental Protection Agency (EPA) Administrator Stephen L. Johnson at a 2006 fundraising event for a candidate for U.S. Congress did not violate the Hatch Act.

OSC decided that Mr. Johnson was not personally responsible for the use of his official title in the e-mail used to distribute the invitation. Further, the EPA staff had not reviewed the list of the attendees, nor informed him of who would be attending the fundraiser, or where they were employed.

While there was no personal liability on the part of the EPA Administrator, OSC determined that there were deficiencies in EPA staff review processes, and recommended that EPA staff be aware of all parties and their roles in political events, including the attendees, and consider this information when advising on participation.

Bloch Defends OSC Performance

Office of Special Counsel Head Scott Bloch defended his agency's performance recently in a Federal Times op-ed piece. This includes some commentary on a public interest group that has been critical of him:

They do have bias and economic interest, in that they collect a substantial portion of their income from representing whistleblowers in legal proceedings. We act in the public interest based on law and fact, but outside advocacy groups can do what they want with impunity. We don’t blame employees for expressing dissatisfaction, but we expect lawyers and advocacy groups that hold themselves out as acting in the public interest to be more honest and responsible.

OSC Budget Request Criticized

Government Executive reports that the Office of Special Counsel request for additional funds to investigate alleged political briefings has run into criticism by the Government Accountability Project, Public Employees for Environmental Responsibility and the Project on Government Oversight.

OSC Examples

Looking for teaching examples? The Office of Special Counsel's Successful Case Summaries and Achievements sections have plenty.

Whistleblower Legislation Considered

Government Executive reports Congress is considering a bill that would reduce OSC discretion in handling whistleblower complaints.

Pentagon Toughens Whistleblower Protection

A new Department of Defense Directive strengthens protections for whistleblowers. An article in The Hill and a PEER press release give background information. The former article explains:

Tom Devine, the legal director of the nonprofit public interest group the Government Accountability Project (GAP), said the most significant aspect of the directive is the fact that it establishes accountability for those who retaliate against whistleblowers. “This is potentially a breakthrough in accountability,” he said. It could also serve as an “encouraging precedent” to eventually strengthen civilian whistleblower protection at the Pentagon, Devine added.

The directive also mandates that the office of the inspector general of the respective military branches investigate whistleblower complaints within 180 days. The rules provide for oversight of all such investigations by the Defense Department’s inspector general. In addition, any decision flowing from these investigations may be appealed to the secretary of defense.

OSC Stats for 2005

A review of the 2005 performance of the Office of Special Counsel by Government Executive's

Daniel Pulliam can be found at:

http://www.govexec.com/story_page.cfm?articleid=33264&dcn=e_wfw

OSC's Pursuit of Hatch Act Cases

Today's Government Executive Legal Briefs contains an article on the Office of Special Counsel's aggressive pursuit of Hatch Act violations via e-mail by federal employees.