WhistleblowerSupporter

The Office of Special Counsel (OSC) Prohibited Personnel Practices List

The Office of Special Counsel (OSC) investigates allegations of prohibited personnel practices.

 

Download Prohibited Personnel Practices (PPP) Complaint Form (OSC-11).  This form can also be used to
complain retaliation for whistleblowing.

The following practices are prohibited by the federal government agencies under the Prohibited
Personnel Practices (PPP) Act:

(1) discriminate against an employee or applicant based on race, color, religion, sex, national origin,
age, handicapping condition, marital status, or political affiliation;  

 

Although OSC is authorized to investigate discrimination based upon race, color, religion, sex, national
origin, age, or handicapping condition, as well as reprisal for filing an EEO complaint, OSC generally defers
such allegations to agency procedures established under regulations issued by the Equal Employment
Opportunity Commission (EEOC). 5 C.F.R. § 1810.1.  (This deferral policy does not apply to discrimination
claims outside the jurisdiction of the EEOC, such as complaints alleging discrimination based upon marital
status or political affiliation.) (See http://www.osc.gov/ppp.htm#q10.)

Filing a complaint with OSC will not relieve you of the obligation to file a complaint with the agency’s EEO
office within the time prescribed by EEOC regulations (at 29 C.F.R. Part 1614).

(2) solicit or consider employment recommendations based on factors other than personal knowledge
or records of job-related abilities or characteristics;

(3) coerce the political activity of any person;

(4) deceive or willfully obstruct anyone from competing for employment;

(5) influence anyone to withdraw from competition for any position so as to improve or injure the
employment prospects of any other person;

(6) give an unauthorized preference or advantage to anyone so as to improve or injure the employment
prospects of any particular employee or applicant;

(7) engage in nepotism (i.e., hire, promote, or advocate the hiring or promotion of relatives);

(8) engage in reprisal for whistleblowing – i.e., take, fail to take, or threaten to take or fail to take a
personnel action with respect to any employee or applicant because of any disclosure of information by
the employee or applicant that he or she reasonably believes evidences a violation of a law, rule or
regulation; gross mismanagement; gross waste of funds; an abuse of authority; or a substantial and
specific danger to public health or safety (if such disclosure is not barred by law and such information is
not specifically required by Executive Order to be kept secret in the interest of national defense or the
conduct of foreign affairs – if so restricted by law or Executive Order, the disclosure is only protected if
made to the Special Counsel, the Inspector General, or comparable agency official);

 

In order to allege retaliation arising from whistleblowing, you must first blow the whistle--that is, you must
make the "disclosure" of agency's wrongful acts.  See more on whistleblowing.

 

Download OSC-11 form: prohibited personnel practice complaint form or whistleblower
retaliation complaint form.

 

Download OSC-12 form: whistleblower disclosure form.

 

(9) take, fail to take, or threaten to take or fail to take a personnel action against an employee or
applicant for exercising an appeal, complaint, or grievance right; testifying for or assisting another in
exercising such a right; cooperating with or disclosing information to the Special Counsel or to an
Inspector General; or refusing to obey an order that would require the individual to violate a law;

(10) discriminate based on personal conduct which is not adverse to the on-the-job performance of an
employee, applicant, or others; or

(11) take or fail to take, recommend, or approve a personnel action if taking or failing to take such an
action would violate a veterans’ preference requirement; and

(12) take or fail to take a personnel action, if taking or failing to take action would violate any law, rule or
regulation implementing or directly concerning merit system principles at 5 U.S.C. § 2301.

(Obtained from http://www.osc.gov/ppp.htm#q1)  

 

OSC receives, investigates, and prosecutes allegations of PPPs, with an emphasis on protecting federal government
whistleblowers.  OSC seeks corrective action remedies (such as back pay and reinstatement), by negotiation or from
the Merit Systems Protection Board (MSPB), for injuries suffered by whistleblowers and other complainants.  OSC is
also authorized to file complaints at the MSPB to seek disciplinary action against individuals who commit PPPs.



All statements contained in this page are subject to change and update.  EEO 21 does not take responsibility for any
errors or misrepresentation contained therein.

Whistleblowers (2011) claims DOD official is incompetent and tyrannical rings a sympathetic chord with DSS’s problems (2012)

 I ran across this story from August 29, 2011 (in my mail box, sent to me by a reader), which is remarkably like what I am being told is going on in DSS (Defense Security Service). 

 

Note similarities, those of you familiar with the problems DSS seems to be propagating at an alarming rate: 

 

Managers pushing out senior employees who have the knowledge, training and experience to do the job in order to make room for often unprepared, untrained, equally incompetent cronies from another work environment.  Cronyism can be hiring relatives, or can be hiring members of a same church, college class, club, or military service branch etc.  It does seem like DSS is having more than its share of such problems. 

 

It seems like within DSS, as in this story, some crony seeking managers like people around who can spy on other employees for them, and be loyal to the manager in charge, even if they aren’t capable of doing the job they ostensibly were hired to do.  In the case of DSS, how is this helping DSS protect our technology and oversee government contracts?  (Answer:  It’s not! But it may well be meeting the goals of certain defense contractors who don’t want any oversight anyway.)  GFS

 

 

 

See original article:

 

Whistleblowers:  DOD official incompetent, wasteful , ‘tyrannical’

 

Link to original:

 

http://thehill.com/news-by-subject/defense-homeland-security/178639-whistleblowers-charge-dod-official-with-incompetence-wasteful-spending-tyrannical-leadership

 

 

Got a DOD crony story?  Report it here – http://gflorencescott.wordpress.com

DSS and Boeing Continue Retribution Against DSS Security Specialist Despite DOD OIG Report

Thanks Old Navy Man for sending this.  It is a good follow up in one of the continuing stories I had been observing.  The Defense Security Service has truly reached the point of no salvation in this whistleblower supporter's opinion.  It just gets worse and worse.  I have a lot more I've been told or have been able to find out during my family emergency trips back east.  I'll be unrolling more stuff from this point forward.   Please do go to this link.  I see that POGO's Nick Schwellenbach included links to the DOD OIG's report concerning Mr. Conley's case from 2002-2008, where the DOD OIG validated and upheld Mr. Conley's concerns and that he has been fiercely retaliated against by DSS managers and it appears the director.  Mr. Conley has been on the receiving end of a vendetta for doing his job lawfully and trying to make sure a particular case was not covered up and would be prosecuted.  But because of the demonstrated actions of the defense contractor involved (Boeing) and the conflict of interest relationships certain managers in DSS have personally and professionally with Boeing,  and as it was discovered later, Boeing's relationships with other government managers and  defense agencies or activities, it has been a brutal uphill battle to assure integrity in the oversight process.  Start with reading all of this.  I will be publishing more later.    GFS

 

 

G Florence:
 
Please read this article    http://getinvolved.pogo.org/site/PageNavigator/dss_boeing_whistleblower.html

I just stumbled across this link to a very disturbing whistleblower article.  I did not see it posted at your site so I am forwarding it to you.  Please take the time read it.  I hope you will consider posting it with your comments.  This recent article is from the Project On Government Oversight.  As an old navy man I am incensed that the two government workers identified in this article have been persecuted by the Marine Corps, my Navy and the Defense Security Service for trying to do their jobs.  More people need to know what is going on in our government!
 
An Old Navy Man

Support Your Local “Occupy Your Town/City” Movement

I received an email today from someone who did not understand why I was not actively supporting the “Occupy” efforts across the country.  I’ve been watching news of these activities with interest. (The real news, not corporate owned media outlets who are NOT reporting it for the most part, and not accurately reporting it for the rest.)   A week or so ago I intended to go down and find out for myself what was going on, but work and several family disasters delayed my expedition down there.  Probably the same excuse, many of you have for not actively helping in some way or another.  

 

When you consider that the Occupy efforts appear to be a collaboration of committed individuals who have various concerns and complaints, many of which are caused by corporations, politicians, bureaucracy, greedy examples of those with more than most, etc.  The problems are social, economic, and political.  I can see my reader’s point

 

These are the same people who are helping to enable corporations and various hands and arms of government that are causing the very situations that are creating whistleblowers.  Greed, power mongering, cronyism, influence pedaling, unethical and criminal contracting activities, fraud, waste, abuse, and a host of other ills are examples.  Honorable people when confronted by this try to change it, report it, fix it and usually get the stuffing kicked out of them for their efforts in the climate we are dealing with in this country today. 

 

I agree that I should help promote the support of those who have the courage, determination and commitment to go be an active part of peaceful protest in events being staged across the nation.  Even if you cannot take part in the sign holding and waving, stop by and talk, find out why these people are down there and what they need to stay well and comfortable.  This is especially true in parts of the country that are now turning cold, wet and inhospitable.  My reader suggested donating supplies that are so critically needed like, warm coats, gloves, hats, food, especially things that can be cooked or heated under outdoor camping conditions.  Waterproof plastic storage boxes, tents, sleeping bags, cooking utensils, first aid supplies, those hand warmer sticks you can buy at sporting goods stores, and anything else that will keep up the volunteer’s spirits and energy.  

 

My reader reported that the Occupy Tacoma (in Washington State, south of Seattle, in a park on Pacific Avenue, downtown, at the cross street with the new bridge across the Puyallup River) is a neat and orderly effort showing a positively motivated cooperative of young and old that demonstrates a stellar example of the best of human effort.  They, who are giving the best they can to make a difference and to help the majority of us break out of our complacency and paralyzed condition, deserve our support and help. 

 

When those  with wealth and political control,  who continue to take and take and manipulate things to the detriment of the majority (working class and poor)  in this country are taken to task, and our society balances and rights itself again, we will also be reducing the number of whistleblowers, because there will be less crap and corruption to report,  and to fight against in our work places. 

 

Please take time this week or weekend and do what you can for your local “Occupy ____________” effort.  If you can report on your local Occupy activities, please comment here on this site; you are welcome to voice your observations and opinions. 

 

As for me, I am going to the coat closet, storage room and pantry right now! 

GFS

 

 

DSS Director Ignores DoD OIG Report and Recommendations: Why?

I hear through my sources that the DoD OIG completed a Title V investigation (Reprisal Office) and issued a report of findings in support of the federal employee whistleblower.  I have obtained a copy of this report from my sources in the DC area.  I am wading through it as we speak.  It would appear that Stanley Sims, DSS Director and Jay Freaude, DSS Counsel are purposefully refusing to acknowledge receipt of this report and responsibility to take constructive action to make the damaged employee whole, as directed by the DoD OIG. 

Is this how it will work?  Defense Security Service Director, Legal Department and Management will ignore investigative reports and pretend the investigation from DoD OIG simply does not exist and continue on their unethical and illegal path with impunity?  There are some very angry federal employees and civilian citizens regarding this cavalier attitude toward justice.  Not to mention questions about what appears to be DSS malfeasance in managing a federal agency and expenditure of taxpayer funds. 

If Defense Security Service oversight cannot be ethical in its own in-house matters, how can they be trusted to be ethical in doing their oversight job of policing government defense contracting and contractor corporations?

Anybody have more information or perspective? 

GFS

Judges have gone wild against Whistleblowers

Friends,

We continue our daily press releases. Please send them everywhere! We now have more than 500 web publications of the IAW caucus. We won't rest until we reach everyone.

I want to thank coalition member William Perry (Georgia Common Cause) for his quote supporting Judicial justice (a novel concept!) that was published by the AP.

 

We urge all members to attach responses to the OpEd articles. This makes the more visible. Also, we urge everyone to write articles supporting the meeting. We are on the countdown. Let's get this out!

Thank God the FBI is finally involved. 

http://www.opednews.com/articles/Citizens-United-Demand-Jud-by-Mark-Galen-110913-607.html

Citizens United Demand Judicial Reform Now! 

By Mark Galen (about the author)

 

Judges have gone wild against Whistleblowers

"Corruptio optimi pessima."  "Corruption of the best becomes the worst." 

Washington-Whistleblower advocacy groups have joined in an unprecedented cooperation to protect Judicial Integrity. These groups, including the International Association of Whistleblowers (IAW), the Atlanta Whistleblower Coalition and Georgians for Justice have joined to hold judges accountable a top priority.

In the end, judges are the gatekeepers who frequently deny whistleblowers access to courts. Regardless of laws passed, if courts are hostile to whistleblower rights, society suffers. Whistleblowers may be looking out for society, but who is looking out for whistleblowers?

Leaders of the movement agreed that this is the most difficult challenge that persons of conscience face. Court misconduct can be deadly. When judges permit hospitals or defense firms to cover up, then taxpayers and citizens are left unsafe, and people die. 

In the Godfather, Vito Corleone carried judges in his pockets "like so many nickels." What chance do average whistleblowers have when powerful corporations are pulling judicial puppet strings?

 In the most extreme example, Georgia judicial misconduct has led both the Wall Street Journal and Forbes to declare, "Georgia judges have gone wild." Prime examples include judicial misconduct and criminal conduct in the Georgia / Fulton County Superior Courts. As it stands, more than 24 Georgia Judges have had to resign for violations of ethics, and for even wrongful execution orders.

Just last week, the FBI agreed to intervene. Brian Lambkin, who heads the FBI office in Georgia, has announced this week that it was opening a large investigation into judicial corruption. Larkin elaborated:

"It impacts the everyday system. It's not just a dirty law enforcement officer that might be shaking you down," he said. "You're talking about people that you elect to an office to represent you who try to line their pockets."

 

The Associated Press GREG BLUESTEIN writes that the situation is serious:

Lamkin will personally sign off on the investigations.

"The reason is a corruption investigation can ruin reputations," he said. "These are not quick hits. We will use sophisticated techniques and undercover operations to really go after these. That's why the individuals that work these have to be patient."

 

Lamkin wouldn't say how large the team is, but he said he's assigned about 40 percent of the staff in the bureau's white-collar crimes unit to the mission.

The move was welcomed by government officials, who believed state and local funding cuts over the last few years have eroded other investigations.

"I just appreciate it. One of the frustrations you hear is that with the state budget cuts, you don't have the resources to hire more investigators," said state Rep. Joe Wilkinson , who chairs the House Ethics Committee . "This brings another much-needed level of scrutiny to the system."

Fulton County Sheriff Ted Jackson , who has asked the FBI to investigate deputies at the Fulton County Jail for wrongdoing, applauded the new oversight.

 

 

The Judicial Qualifications Commission nearly ran out of money in December to investigate judicial misconduct, but state lawmakers gave it a financial boost this year.

 

And the Georgia Ethics Commission , which investigates finance complaints and registers lobbyists, has been rocked by deep funding cuts even as it takes on more duties. The commission's director resigned after a dispute over the agency's budget and the status of several cases involving Gov. Nathan Deal . And it went from fielding three investigators in 2008 to none now, said William Perry , the director of Common Cause Georgia.

 

"Our state is cutting back on monitoring elected officials and their ethical behavior, so we welcome the fact that the federal government is stepping up," he said.

"We don't take this lightly," he said. "These are truly the types of investigations that are being done in the back room. And the circle of friends is very small. In order to penetrate that inner circle, you've got to have a strong and tenacious group to develop the intelligence."

 

By cutting fraudsters off from special favors from judges, we can and must protect the United States. People's lives are at stake. No more profit before patients. We urge newspapers everywhere to reprint this article, and for all citizens to join this campaign. We need everyone! No federal dollars without real accountability. Good faith is the essential prerequisite for public support.

Do we want Vito Corleone to control US justice? Are citizens finally going to unite for justice for all?

 

 

 

The IAW urge all citizens to reprint this article everywhere, and to join the fight for better hospital safety.

Calling all citizens who can describe judicial misconduct. Come to our meeting. Tell us your story. Judicial misconduct cannot be allowed to stand!

Now, do not allow more misconduct. Stand up!

Please contact the following immediately:

 

 

 

FOR IMMEDIATE RELEASE

http://internationalwhistleblower.org/

--

ATTENTION! SEC ADOPTS NEW WHISTLEBLOWER RULES

I attended one of these sessions recently.  You do not have to be an attorney to attend.  I recommend that you all attend and read Mr. Kohn's new book.  It is written to make the complexities understandable even for people who are not attorney's.    Your fee includes a copy of Mr. Kohn's new book and handouts.  He was very open to answering participant questions.  GFS

 

 *******

 

On May 25th, the Securities and Exchange Commission (SEC) adopted whistleblower rules that fundamentally changed and enhanced the right of employees to obtain legal protection and large financial rewards (see Washington Post article).  The National Whistleblowers Center and its legal staff were extensively involved in this process, providing the SEC with nine formal rulemaking submissions and personally meeting one-on-one with each of the five SEC commissioners.  Many of the NWC's proposals were adopted by the SEC, and the Final Rules cited to NWC formal comments forty-four times.  The new regulations will prove an invaluable asset in the representation of corporate whistleblowers, and the new regulations if properly utilized will prove to be an invaluable asset in successfully representing employees and preventing corporate fraud.

 

As a result, the National Whistleblowers Center is conducting a series of nationwide seminars that will focus on the new SEC regulations, and the historic whistleblower protections contained in the Dodd-Frank Wall Street Reform and Consumer Protection Act.  The seminars will explain the new anti-retaliation rules governing corporate employees and the financial reward provisions.  These rules require the SEC to pay large financial awards to qualified whistleblowers for which there is no cap and can result in multiple millions of dollars in recoveries.

 

 

 

 

Dodd-Frank Act

3-hour CLE Seminar

NEW Corporate Whistleblower Protections and Reward Provisions

 

 

On July 21, 2010, Congress enacted the Dodd-Frank Act. Corporate whistleblowing was forever changed. The Act established the right of whistleblowers to obtain multi-million dollar rewards for reporting violations of Securities and Commodities Exchange Acts. These "qui tam" provisions were modeled on the False Claims Act -- a law that already has resulted in whistleblowers obtaining over $2.7 billion dollars in rewards for reporting federal contracting and procurement violations to the Justice Department. Dodd-Frank also enhanced employment protections available to whistleblowers. Retaliatory discharge cases can now be filed directly in federal court, with the right to a jury trial. Under Dodd-Frank, mandatory arbitration agreements cannot be enforced.

$150 ATTORNEY REFERRAL SERVICE MEMBERS

($95 For Early Bird Special!)

 

$295 ATTORNEYS

($150 For Early Bird Special!)

 

$75 WHISTLEBLOWERS

 

Call (202) 342-1903 for Early Sign-up or ARS Discount Codes

 

To REGISTER visit our UPCOMING EVENTS page

Locations:

 

Washington, DC -- June 10th, 2011 (Teleconference Available)

         National Whistleblowers Center

         3238 P Street NW

         Washington, DC 20007

 

         Register on or before June 7th for Early Bird Special

 

         Contact Seminar Director Estelle Kohn at [email protected] or Associate

         Seminar Director Philip Barrett at [email protected] or call

         (202) 342-1903 to register

 

Denver, CO -- June 23rd, 2011

         The Browne Palace Hotel & Spa

         321 17th Street

         Denver, CO 80202

 

         Register on or before June 10th for Early Bird Special

 

San Francisco, CA -- June 27th, 2011

         TURN-The Utility Reform Network

         115 Sansome Street, Suite 900

         San Francisco, CA 94104

 

         Register on or before June 10th for Early Bird Special

 

Los Angeles, CA -- June 28th, 2011

         Carlsmith Ball LLP

         444 South Flower Street, 9th Floor

         Los Angeles, CA 90071-2901

 

         Register on or before June 10th for Early Bird Special

 

New York, NY -- July 25th, 2011

         New York Marriott Downtown

         85 West Street at Albany Street

         New York, NY 10006

 

         Register on or before July 15th for Early Bird Special

 

CURRICULUM:

Learn how to use the new corporate whistleblower laws and regulations to effectively represent employees, combat fraud and qualify for large whistleblower rewards. Gain insight into how whistleblower protections laws can be integrated into your law practice as powerful legal tools for maximizing your client's ability to have their case heard before a jury and obtain entitlement to large monetary damage awards and rewards.

 

FACULTY:

Stephen M. Kohn, Esq. is the Executive Director of the National Whistleblowers Center and one of the nations leading advocates on whistleblower law.  Mr. Kohn will present this unique seminar on the latest whistleblower laws and rewards provisions. Mr. Kohn has represented numerous high profile whistleblowers for over 27 years. He has authored seven books on whistleblower law, including the recently published The Whistleblower's Handbook: A Step-by-Step Guide to Doing What's Right and Protecting Yourself (Lyons Press, 2011). Mr. Kohn was the principal author of the NWC's rulemaking petitions and personally met with all five SEC Commissioners and the responsible Commission staff.

 

To Register or For More Information:

Please visit our UPCOMING EVENTS page or contact Estelle Kohn or Philip Barrett by phone: (202) 342-1903 or email: [email protected] or [email protected].  

If you cannot make the seminar, you can purchase the course materials, The Whistleblower's Handbook, online for $16.95 plus shipping. 

So, who is the Senator who killed the Whistleblower Protection Bill?

Here is some good information from Government Accountability Project (GAP) regarding the culprit who put a hold on the Whistleblower Protection Act, and is being aided and abetted by other Senators to evade taking responsibility.  GAP has been asking people to help pressure their Senators to get a definite yes or no on whether he or she was the Senator to place the hold.  Presently they have narrowed it down to three Senators.  Is one of them yours? 

-GFS

 

 

 

GAP Announces Results of Campaign to Identify ‘Secret Hold’ Senator

 

This weekend, GAP (Government Accountability Project) and On The Media will conclude our campaign to identify the senator who placed the anonymous hold on the Whistleblower Protection Enhancement Act (WPEA), effectively killing the bill at the end of the last congressional term. GAP Legal Director Tom Devine will wrap up the campaign and its findings on On The Media.

 

Since the campaign began in early January, we were able to rule out nearly every senator as being a suspect. After the list of prospective senators was narrowed down to five (as a result of your steadfast advocacy!), over 1,000 people signed our Change.org petition urging these remaining senators to either confirm or deny placing the hold. This increased pressure allowed us to further eliminate Senator McConnell and Senator Vitter, leaving only Senator Risch, Senator Kyl, and Senator Sessions as potential suspects.

 

Please check with your local NPR station to see what time On The Media will air this weekend, and tune in to listen to Tom Devine speak about the conclusion of the campaign, and where we're going from here!

 

Additionally, GAP wishes to extend a heartfelt thank you to all of our supporters who participated in our campaign. Because of your efforts, whistleblower rights for all federal employees are closer to becoming a reality.

 

 

 

 

Senate Shenanigans

March 14, 2011 · By Shanna Devine

Secret holds are just an anonymous filibuster.

As its opening act this year, the Senate passed a bipartisan resolution to restrict--but not eliminate--a maneuver known as the "secret hold." The rules still allow a single senator to anonymously delay urgent legislation.

Even bills commanding overwhelming support can get stopped in their tracks when they face "unanimous consent," a procedure that allows for the quick passage of noncontroversial legislation. This is an affront to democratic principles.

Just how do secret holds work? A single senator can request a hold on any legislation--without justification or explanation--to his or her party's leadership. At that point, the legislation can't move forward unless the Senate Majority Leader intervenes.

Previously, senators could remain anonymous for six days, after which they were required to either lift the hold or be publicly identified. Now, thanks to a joint resolution led by Senators Chuck Grassley (R-IA), Claire McCaskill (D-MO), Ron Wyden (D-OR) and Susan Collins (R-ME), the identities of senators requesting holds will be recorded in the Congressional Record after two days.

The rationale for the rule's creation was simple and reasonable. The Senate gets extremely busy. During high-volume times, several bills and massive pieces of legislation are simultaneously pushed through the chamber. Often senators need extra time to read a thousand-page bill, gather information, thoroughly consider potential ramifications, and vote in their constituents' best interest. Guaranteeing short-term anonymity makes sense because senators could be wrongfully labeled as opponents of legislation when they simply want to cast an informed vote.

Unfortunately, senators have heavily abused this process. Working in tag-teams, they would often take turns placing holds every five days, because on the sixth day their identity would be revealed. This tactic allowed both senators to remain anonymous while assuring that the bill would not move forward. This is our democratic process at its worst. Furthermore, if senators decided to place a hold with fewer than five days remaining in the congressional session, they got to kill legislation without stepping forward at all. Effectively, secret holds have become an anonymous way to filibuster.

Case in point: in the last hour of the previous session of Congress, one senator placed a secret hold on the Whistleblower Protection Enhancement Act, which would have have strengthened rights for federal employees when they report waste, fraud, and abuse. This sorely needed legislation was ripe for passage. A similar version of this legislation had passed in the Senate just two weeks prior by unanimous consent. Over the next several days, due to unfounded concerns related to WikiLeaks, the legislation's scope was reduced to exclude federal intelligence workers.

Other than deletions, not a word was changed from the version the Senate had already approved. Through a rare agreement between former House Speaker Nancy Pelosi (D-CA) and then-Minority Leader John Boehner (R-OH), it also passed the House by unanimous consent. Then a senator--we don't know who, of course--put a secret hold on it hours later. There's a strong, ongoing campaign to determine which senator placed the hold. Hopefully, that information will surface.

The overwhelming majority of Congress understands the true value of whistleblowers. Lawmakers came close to strengthening their rights in December. It's no wonder this legislation enjoyed so much support from both sides of the aisle--it would have curtailed government malfeasance by providing federal whistleblowers with safe channels to speak out. But so far, Congress still hasn't approved the Whistleblower Protection Enhancement Act.

The Senate has faced heavy criticism for using secret holds. This practice is the antithesis of government accountability and transparency. When the amendment reduced the amount of time from six days to two, some senators claimed good government reforms had triumphed.

Unfortunately, even with that change, lawmakers may still place secret holds just hours before Congress adjourns. There's nothing to stop future good-government bills from meeting an untimely death at the hands of anonymous senators.

Until Congress sets more reasonable standards for secret holds, individual senators, or a group of them taking turns, can secretly stonewall any bill that's subject to unanimous consent.

 

Link to original:    http://www.ips-dc.org/articles/senate_shenanigans

 

Scott Bloch, Former Special Counsel (OSC) Sentenced to One Month in Prison

Someone sent me this comment regarding the Scott Bloch travesty:

 

No one in Washington wants this person to do any serious time. He may get upset and start pointing fingers at who, within our government retaliates against the Federal workers. Congress certainly does not want Whistle Blowers to have protections because the minute they are protected, the floodgates open and the citizenry would then find out who the real crooks are.

 

It is only common sense, the politicians must prevent the American public from knowing what they have always suspected, and that is that members of Congress are there for the Graft, Greed and Corruption. Punishing one of their own, like Scott Bloch of the Office of Special Counsel, who so loyally and successfully protected the guilty for all those years, would just not be in the best interest of the members of Congress. 

 

–Disgusted in DC

 

---------------------------------------------------------------------------------------------------------------------- 

 

National Whistleblowers Center

3238 P Street NW

Washington, D.C. 20007

http://www.whistleblowers.org

 

FOR MORE INFORMATION, CONTACT:

Lindsey M. Williams (202) 342-1903

[email protected] 

FOR IMMEDIATE RELEASE 

Former Special Counsel Sentenced to One Month in Prison

Washington, D.C. March 31, 2011. Scott Bloch, the former head of the Office of Special Counsel (OSC), was sentenced to one month in prison, twelve months probation and 200 hours of community service yesterday, after he pled guilty to criminal charges for his misconduct during is tenure at OSC.

During FY 2008, of the 530 new whistleblower disclosures brought to the OSC, just 25 were reported to the President and Congress, meaning 95% of whistleblower disclosures brought to the OSC were ignored with no determination ever made on their validity. More "highlights" on Mr. Bloch's tenure at the OSC can be found at civilservicechange.org, courtesy of Charlotte Yee.

 Stephen M. Kohn, Executive Director of the National Whistleblowers Center, said:

 Instead of deterring fraud, which was his job as the head of the Office of Special Counsel, Scott Bloch promoted it. This will ultimately cost the American taxpayer billions of dollars. It is a shame that Mr. Bloch has been given nothing more than a slap on the wrist for his crimes, while true whistleblowers such as Bradley Birkenfeld are ostracized and imprisoned.

It has now been over two years since President Obama made a campaign promise to appoint a strong advocate for whistleblowers as the new Special Counsel. The National Whistleblowers Center repeats our call for the immediate appointment of someone who is aggressive, competent, independent and will change the culture of the OSC and stand behind whistleblowers.

 

Links:

"Highlighting the Accomplishments of Scott Bloch" (Charlotte Yee)

http://civilservicechange.org/?p=2952

Highlighting the accomplishments of Scott Bloch, former head of the Office of Special Counsel

Posted in July 19th, 2010

by C Yee in Absurd, Accountability, Current Events, Merit Systems Protection Board Statistics

Tomorrow, Scott Bloch, former head of the Office of Special Counsel (OSC), is scheduled to be sentenced before Magistrate Judge Deborah Robinson. Bloch has pleaded guilty to one count of criminal contempt of Congress for not disclosing the nature and extent of his instructions that a private company erase files from his government-issued computer and the computers of two other Office of Special Counsel employees. As this ominous day approaches, from the U.S. Office of Special Counsel Fiscal year 2008 Annual Report, here are some highlights of Bloch’s five-year OSC career:

During his tenure, Scott Bloch reduced total matters pending at OSC by 56 percent. Statistical analysis indicates he accomplished this by having his agency throw out matters without investigating them. In Fiscal Year 2008, of 2,447 Prohibited Personnel Practice (PPP) Complaints, OSC referred six percent of them to the Complaints Examining Unit (CEU). Of these, only 88 were processed. Prohibited Personnel Practice Complaints made up 67 percent of total matters, yet only 88 of 2,447, four percent were processed by investigators.

In FY 2008, OSC obtained zero stays from the Merit Systems Protection Board (MSPB), the quasi-judicial agency tasked with enforcing federal civil service law. In the same year, OSC filed zero corrective action petitions with MSPB.

On whistleblower disclosure activity, OSC received 530 new disclosures in FY 2008. Of these, 25 were reported to the President and Congress. That’s less than five percent that were investigated and any determination made on disclosure validity. Looking at it another way, 95 percent of whistleblower disclosures were not acknowledged by OSC.

That then, explains the record low satisfaction ratings OSC garnered in its survey of customers. Of those that responded to its survey, only 1 out of every 21 respondents obtained a satisfactory result from OSC. Moreover, more than half of respondents indicated that their complaint included allegations of whistleblowing. On a five-point scale, 200 of 220 rated OSC’s results as either dissatisfactory or very dissatisfactory.

As Scott Bloch heads for sentencing tomorrow, he leaves behind innocent victims sentenced to reprisal by his failure to protect those he was tasked to serve. Additionally, as Special Counsel William E. Reukauf’s message from OSC’s Annual Report reads, “FY 2008 was a challenging time for this small, but important, agency. Employees were called upon to respond to and cooperate with two extensive inquiries involving the then-agency head, including a grand jury investigation, and execution of search warrants on agency premises.”

 

Senate Intelligence Committee Plans to Take Away Fed Whistleblower's Retirements

First, of all, it has been some time since federal employees had a true pension.  At least three different retirement systems exist.  Employees have been put in to one of them based on when they started their federal service.  It used to be that workers had something more like a pension in many federal and state jobs, including teaching.  But over time, that was abandoned by the employers as it was seen as too expensive. (for them)  Currently federal employees who have been working for around 20 years have essentially just a 401 K, which is called the Federal Thrift Savings Plan.  For a short while, employees got a small percentage of matching funds, but I am not sure if that is still being honored.  The money these federal employees have in the Federal Thrift Savings Plan is their own money, deducted out of each paycheck and put away for their own retirement, should they live long enough to collect it. 

Several years ago, the Executive Branch made the decision to borrow a bunch of money from these federal employees personal savings accounts to pay for war expenses.  Supposedly they were supposed to pay it back.  The withdrawal was done very quietly.  Most federal workers did not know their funds were being taken out.  Does anyone have good knowledge of this and do you know if it indeed was paid back?  Somehow I doubt it, in which case, it more resembles theft.  It would be like someone going to your bank, without your knowledge or permission, accessing your personal individual savings account and withdrawing a large portion of your savings and leaving you an "iou" sitting in the account.  If you didn't go in to check your balance and account status, you would not even know it happened.  For those of you who will be irritated by my clarifying that situation, please read on.

The real issue of this article appears to be efforts by at least part of the Senate Intelligence Committee to take away the retirements of anyone they deem to be a whistleblower.    Just great.  Many federal and other government whistleblowers are individuals who were trying to do their jobs following the laws and ethical demands so stated in their employment oath and/or job description. 

Due to the extreme amount of corruption and corrupt people, particularly in management in some areas of government, they became whistleblowers for standing up to wrongdoers, refusing to look the other way when they discovered criminal behavior, waste, fraud, and other problems.  If they refused to take orders from supervisors to commit fraud, or to help cover up the crimes rather than report them, open up and finish inquiries, and other types of correct response, many of them became targeted whistleblowers, whose work life, and in some cases personal life as well were no doubt going to take on nightmare qualities and proportions, due to the efforts of the bad actors to take them down and out.  

Please read the next notice from a whistleblower organization carefully and take action as they ask.  This is very important for everyone.  If they are allowed to do this, then no one will dare stand up to the evil and corrupted people in management.  We will be moved ever so much closer to living in a dictatorial police state.   GFS

Whistleblower's Pensions Threatened By Intelligence Committee

Take Action!

 
Tomorrow in a "closed" mark-up, the members of the Senate Intelligence Committee plan to slip into an appropriations bill a provision that will give the Director of National Intelligence (DNI) and the heads of other intelligence agencies, such as the CIA and NSA, the power to strip whistleblowers of their pensions. The appropriations mark-up is scheduled for Tuesday, March 15, 2011 at 2:30 pm EST.

The provision empowers intelligence agency bureaucrats to strip whistleblowers of their hard-earned pensions, simply by accusing them of leaking classified information.

This provision is so dangerous because intelligence agencies often retaliate against whistleblowers by accusing of them of leaking information. For example, prominent whistleblower Dr. Frederic Whitehurst, who blew the whistle on forensic fraud and misconduct at the FBI crime lab, was falsely accused of leaking information.

TAKE ACTION! Protect whistleblowers' pensions!

The government also retroactively classifies information as way of targeting whistleblowers. For example, in the case of FBI whistleblower Sibel Edmonds, who blew the whistle on national security breaches in the FBI's translation division, the FBI retroactively marked as classified information about her allegations long after the same information had been publicly released by the FBI.

The Obama administration's recent announcement targeting whistleblowers as part of its campaign to prevent leaks to the news media and Wikileaks makes situations such as Dr. Whitehurst and Ms. Edmonds more likely to occur.

TAKE ACTION! Time is of the Essence!

Stripping pensions based on accusations of classified leaks will be yet another way that the government can retaliate against whistleblowers. It will also increase the existing chilling effect and deter federal employees from lawfully exposing waste, fraud and abuse. On the whim of the DNI, whistleblowers will lose their life savings and be forced into poverty.

The whistleblowers who lose their pensions will not be able to take their case to court. Instead, they will be forced to use the DNI's Mickey Mouse administrative procedures to try to defend themselves. In other words, the DNI will be the prosecutor, the judge and the jury to strip pensions from whistleblowers.

Please take a minute to Call Senator Diane Feinstein, Chair of the Senate Intelligence Committee, and tell her to stop threatening whistleblowers and withdraw such harmful language from the Intelligence Authorization Bill.

Senator Diane Feinstein (202) 224-3841

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