IEC Journal

Whistleblower Reforms at FAA

The Dallas Morning News has a report on the FAA's effort to better deal with whistleblowers and whistleblower reports. A related Washington Post story has more information.

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.

Whistleblower Ruling Stirs Controversy

Joe Davidson's Washington Post Federal Diary column examines a controversial MSBP decision. An excerpt:

Until Congress acts, the Whistleblower Protection Act is dead," said Tom Devine, legal director of the Government Accountability Project. "The MacLean decision means government agencies can fire employees for any disclosure otherwise protected by the WPA. The decision reduces the WPA to a voluntary guideline that agencies can cancel at will by issuing blanket gag regulations."

But Devine and other advocates, including those in Congress, aren't willing to let the law pass away peacefully. Rather than grieving, they are using the decision as evidence in their long battle to pass stronger whistleblower protections.

More views from Government Accountability Project are available.

Whistleblowers Seek Jury Trials

Joe Davidson's Federal Diary column examines Hill efforts to expand whistleblower protection. An excerpt:

Whistleblowers need "full access to court to enforce their rights through a jury trial," said Tom Devine, legal director of the Government Accountability Project.

But the Obama administration, which is generally sympathetic to whistleblower rights, has not embraced the concept of jury trials to protect those rights. When Rajesh De, a deputy assistant attorney general, testified before the House, his testimony was notable for what it didn't say about jury trials.

"So far, the administration seems glued to the fence on that issue," Devine said.

FAA Whistleblowers Blog

The FAA Whistleblowers blog provides a different perspective. As the tagline states: "This blog has been created by, for, and about FAA Whistleblowers. Come in and read about the individuals who have put it all on the line by making safety disclosures which placed their careers in jeopardy."

New Whistleblower Protections in the Works?

Joe Davidson reports in his May 1 Federal Diary column that a bipartisan group of legislators is asking the President to issue an Executive Order protecting whistleblowers.

Meanwhile, two whistleblower bills are showing signs of possible life:

• S 372

• HR 1507

All Things Whistleblower

The Government Accountability Project's All Things Whistleblower provides detailed information about whistleblower issues. Like most blogs, it provides an RSS feed, making it easy to keep track of new developments. If you are not yet using an RSS reader, the RSS-to-E-mail conversion services many use to monitor the IEC Journal will work equally well for All Things Whistleblower.

Stimulus Bill Omits Whistleblower Protection

This morning's Federal Diary column discusses the omission of expanded whistleblower protection from the stimulus bill.

Watchdog Concerns for 2009

An ABC News story describes the current key concerns of government watchdog groups. A sample:

The enormous spending expected next year makes more openness and protection for whistleblowers a necessity, said Tom Devine of the Government Accountability Project. "It's a necessity for President Obama to honor the commitments of Candidate Obama to enact whistleblower protection rights" for both public and private workers, he said.

Obama Said To Be Pro-Whistleblower

A Federal Diary column speculates that President-Elect Obama will be favorably disposed toward whistle-blowers.

New Whistleblower Protection Proposal

Government Executive has an article on new proposals to protect whistleblowers that emerged at a conference on whistleblower rights sponsored by the Government Accountability Project and American University's Washington College of Law. Gov Exec notes:

Strengthening whistleblower protections is considered imperative for many advocacy groups and public and private sector employees, especially since the landmark law safeguarding whistleblowers -- the 1989 Whistleblower Protection Act -- has been weakened by a series of rulings by the Federal Circuit Court of Appeals since 1994. Panelists said the courts have rewritten the laws to create loopholes that significantly undermine the law.

Updated Aug. 4 to improve clarity.

More on DOD Auditor Story

Government Executive has a story on the reaction to GAO allegations of improper pressure against Defense Contract Audit Agency auditors reported here earlier.

Government Lawyer Duty of Confidentiality

Professor Kathleen Clark's law review article, Government Lawyers and Confidentiality Norms, from the Washington University Law Review (2008), explores the legal constraints on lawyers when it comes to whistleblower-type activity. It discusses the age-old question, "Who is the client" for government lawyers.

Whistleblower Survival Tips

The POGO Blog recommends an interesting book: The Art of Anonymous Activism: Serving the Public While Surviving Public Service.  Chapter 1, "Blowing the Whistle May Be Hazardous to Your Professional Health," is available online.

Bill Would Cover Govt. Employees Under False Claims Act

Government Executive and the Washington Post report on a bill that would state expressly that government employee whistleblowers may be plaintiffs under the False Claims Act. Federal employees could act as qui tam whistleblowers if they have reported fraud up the chain of command and no action occurred for one year. The Post indicates that the bill has bipartisan support in Congress but is opposed by the Department of Justice that "some of the proposed changes would interfere with law enforcement investigations and give employees an improper incentive to hide fraud from colleagues, then sue to recover a share of the proceeds."

Monitoring Whistleblower Use of E-mail

The New York Times reports that the ability of agency management to monitor the e-mail of employees has caused some concern in Congress about whistleblower protection. The SBA OIG web site has an audit report concerning a related issue.

Senate Passes Whistleblower Bill

The Senate has unanimously approved a bill to strengthen whistleblower protection. President Bush has objected to a potential increase in frivilous complaints, and possible adverse impact on national security, but since the House of representatives passed similar legislation in March by a 331-94 vote, a veto-proof majority looks likely. Government Executive quotes Sen. Akaka:

If federal employees fear reprisal for blowing the whistle, we not only fail to protect the whistleblower, we fail taxpayers, our national security needs and our public health. Encouraging whistleblowers by protecting their rights is a necessary step in making a better America.

A Government Accountability Project press release has more.

Proposed 2008 Defense Authorization

Government Executive reports that the 2008 Defense authorization bill now under consideration would impose more restrictions on Pentagon officials who leave to work for defense contractors. Other aspects of the bill of interest to ethics officials include:

• Increased oversight of security contractors.
• Protections for contractor employees who claim whistleblower status.
• Creation of a Special Inspector General for Afghanistan Reconstruction.

Fedblog on Whistleblowers

Government Executive's Fedblog has some comments about a new report from the Center for Investigative Reporting and Salon that concludes "federal whistleblowers almost never receive legal protection after they take action."

Whistleblower Confidentiality in E-mail

Is it wise for whistleblowers to use agency e-mail? The Washington Times has an article about allegations that federal managers snooped into the e-mails of an employee who had provided Congress with information about problems at the agency. An SBA OIG audit deals with the same topic.

Whistleblower Protection Efforts

The American Prospect has a short article on whistleblower protection legislation.