My comments are referenced to the situation ably described by the Project on Government Oversight's (POGO) Beth Daley in her testimony at the Office of Special Council (OSC)/Merit Systems Protection Board (MSPB) hearing July 12, 2007. (http://www.pogo.org/p/government/gt-070712-osc.html) -G.F. Scott

It is good that talk and dialogue continues regarding the OSC and MSPB and the environment for whistleblowers in the federal government. However it is important to realize that the sum total effect of the inactivity of real accomplishment means that real people's lives are being affected, and in some cases, ruined and families torn apart. One federal employee over the course of his/her career conducted a number of serious investigations with regard to the inappropriate handling and mishandling of classified national security information and technology.

In one investigation, the Investigator was called in by a Security Specialist from the Dept. of Energy (DOE), to investigate the refusal of DOE management to take their investigative findings seriously. The Department of Defense (DOD) Investigator was dispatched along with a second DOD Senior Security Specialist, to investigate the allegations. The DOD Investigator met with a DOE scientist, and the DOE Security Specialist, making the allegations. The DOE scientist, and Security Specialist provided sworn statements and documented evidence was provided to the DOD investigator and Senior Security Specialist.

Upon return to the DOD field office, the Investigator and the Senior Security Specialist wrote a classified report of findings (administrative inquiry). What had been shared with the DOD was a DOE security program out of control. The evidence documented critical nuclear weapons design information (CNWDI), and fissionable nuclear material being improperly stored at a DOE facility. The report was appropriately classified, and appropriately forwarded through channels to the DOD headquarters. Several weeks later, the DOD field office received a telephone call from one of the DOD headquarters personnel who had read the report. The comment made to the DOD investigator and Senior Security Specialist was: And what do you expect me to do with this?

The field office said that they expected it to be briefed to the DOE Director, believing that the problem was extremely serious, and when disclosed, would be addressed and fixed by the DOE Director. At that point, the DOD headquarters individual said: If you think that DOD headquarters is gonna walk over to the director of the DOE and brief her on the fact that she has fissionable nuclear material being improperly stored, you're out of your "God damned mind!"

The effect of this DOD management level person's refusal to do his job was that good people within the DOE that wanted to do the right thing were left swinging in the wind. For the past 10 years, these people's lives have been holy Hell. The scientist was forced to relocate to another DOE facility; one much more remote to his/her family, by DOE and commutes back to his/her home several times a year, time permitting. The DOE Security Specialist that tried to do the right thing, and when all appropriate channels failed within the DOE, then reported it to the DOD, found that DOD miserably failed them also. For the past 10 plus years, that person's career has been lost; their life has been ruined. They have lost almost everything they owned. And nothing has changed. It's time to get past just talking about this. It is time to DO something.

The majority of whistleblowers are dedicated and ethical employees, who work hard and try to do their jobs responsibly and competently. So, the question is, how can this happen? How can the employees suddenly find themselves being labeled a whistleblower? Most often, in the course of doing the job they were hired to do, they came across something that should not be, something unethical or illegal. Being the kind of person they are, they really face no other option than to do their job and report it, and as is often the case, include the incriminating evidence that “outs” the wrongdoers, in their routine report they must submit as a part of doing their job. The inclusion of the incriminating evidence in the required report understandably aggravates the wrong doer(s), who may even be a supervisor at some level above the employee, or someone with connections to a supervisor. At the point that the wrongdoer begins to assert pressure on the employee to change, or make the accurate and truthful report go away, the employee then faces the choice of whether to stand up or be compromised. And if they choose to take the high road, they become a whistleblower. If they choose to be compromised, and a security clearance is required for doing their job, they are now potentially a blackmail victim, targeted by others in whose best interests it is to cover-up illegal activities.

What is not understandable is how these whistleblowers are treated, not only by the corrupted supervisors, but the whole federal system, and sometimes our society as a whole. There is a tendency to try to kill the messenger, and to blame the whistleblower for the problem. The incidents that employees need to report, which happen because of wrongdoing by their co-workers or supervisors appear to happen primarily because of ambition, greed, and lack of ethics of the wrongdoers. And in the response to being “outed” the wrongdoers and anyone they can influence, exact some pretty grim retribution on the whistleblower. This is not what should happen, and is a pretty sad situation. But in spite of this, ethical people still stand up and do the right thing at great personal risk, and personal and professional consequence.

When decisions need to be made under duress, everyone always has choices, but choices are open or closed by one’s character and level of ethics. One researcher called this the “choiceless choice” that whistleblowers have to face. The whistleblower’s other option is to look the other way as ordered, or even actively become involved in the cover-up for the wrongdoers. An employee who does this, risks losing their own security clearances, jobs, and reputations if this is discovered or they may be further manipulated through threats of exposure by the corrupted supervisors later for continued nefarious purposes. This choice, for ethical people, is not really a choice. Whistleblowers are the employees who choose to do the honest and ethical thing, and in doing that become a whistleblower.

In return for their integrity, whistleblowers may face harassment, discrimination, and other assorted types of retribution for just doing their job as required by law. If doing their job gets in the way of unethical people, either in their agency or in a defense contractor their agency has oversight of, then things become very ugly. They may have their working conditions turned into a nightmare, lose promotion capability, be rated unfairly, be set up for failure by their corrupt managers, even lose their job. They can then be “black listed” and find it difficult or impossible to get a job in their field of expertise again, and in some cases not be able to get new employment. Due to the secrecy held by members of the defense arena, it is not easy to discover what is being done to hurt you or who exactly is doing it. It has become even worse in recent years, as many federal employees can attest to, due to the increased secrecy practices of the Bush/Cheney administration. This could happen to anyone, and most often happens to honest, competent and responsible people of character, because they refuse to be compromised or corrupted.

There are many employees in industry and federal employees who have run up against corrupt players that are still being abused in record numbers and have very few places to get help. It is imperative that elected officials, those in oversight who are not compromised and corrupted, and U.S. citizens, must stand up and help to clean house, and assure appropriate protection for our whistleblowers who have the courage to do what many of us do not - stand up and do the right thing - or the future for these whistleblowers, their families, and for our country look bleak indeed.

-VM

Do You Know a Good Labor or Whistleblower Attorney?

In communicating with various people, including readers of this blog, I’ve found that finding an attorney to assist and help protect people who are being beat up for doing their jobs, or who have elected to join the ranks of whistleblowers by doing the right ethical thing, is not a very easy thing to accomplish. I’ve decided that there is a need to post names of good attorney’s that have served people well. If you know an attorney who has helped you or someone you know who is working or worked in federal government, defense contractor, military, or other area and you can attest to their integrity and competence, please post their name, contact information and area of expertise. If you can also describe testimonial style, how they were able to help you that would be great. You may also email me using the link on this site.

Thank you all for your assistance in this project!

-GFS

Obama Called on to Give Federal Jobs a Makeover
By Joe Davidson
Link to original: http://www.washingtonpost.com/wp-dyn/content/article/2008/11/06/AR2008110603287_pf.html

Friday, November 7, 2008; D03
Here are some interesting tidbits that recently knocked on the Federal Diary's door.
The Project On Government Oversight has one of the best acronyms in a city overwhelmed with them. POGO reminds me of Walt Kelley's comic strip, and that's almost always a more pleasant thought than whatever problem the organization has uncovered.
Like many organizations, POGO (the organization, not the comic critter) has suggestions for how President-elect Barack Obama should do his job. Some of them center on federal employees.
POGO says Obama should:
· Make federal employment more attractive by changing "pay scales to make them competitive with those in equivalent private-sector jobs, instituting agency honors programs, paying student loans in return for a period of civil service, [and] allowing retired civil servants to retain their pensions even if they are rehired by the government.
· Issue an executive order strengthening federal employee whistleblower protections. He also should boost the status of whistleblowers with commendations, public recognition and monetary awards.
· Examine whether his administration really needs the 4,000 political slots in the executive branch and consider converting some to civil service status "in order to enhance senior level institutional memory and competence at the agency."
A Good Place to Work
The AARP has selected the National Institutes of Health as one of the best places to work for people over 50. About 42 percent of the NIH workforce is in that age group.
AARP cited various benefits at the Bethesda agency, including "support for tele-work and flexible-work schedules -- applying directly to NIH's mature employees."
As an example of the Institutes' flexibility, AARP said NIH made special accommodations for a blind employee. The agency provided space in her office for her guide dog and modified her computer. "Her coworkers received on-site training on disability etiquette, specifically addressing how to work with a blind individual who is assisted by a guide dog," AARP said.
The Postal Service is the only federal agency on Hispanic Business magazine's "Diversity Elite 60," a list of best companies for Latinos. The rankings are determined by more than 30 criteria, including hiring, promotion, marketing, philanthropy and supplier diversity.
The magazine also placed USPS on the publication's list of "top 10 companies for workforce diversity." The ranking measures and compares the percentages of Hispanics, African Americans, Asians, Native Americans and women in the workforce, and gives increased weight to higher-level positions such as managers, according to the Postal Service.
Saturday Delivery
Speaking of the Postal Service, whenever I write about its budget problems that are driven by sharply declining mail volumes, readers suggest stopping Saturday delivery as a way to save money. Here's what USPS spokesman Gerald J. McKiernan says about that:
"The elimination of Saturday delivery would result in a saving, but it would also mean a loss of volume and the revenue that volume brings. Past surveys have indicated that many Americans would be willing to go without Saturday delivery but the sender side is less certain. Many senders of mail prefer that their deliveries arrive on Saturdays (packages, medicines and ad mail) when it's more likely that people will be at home."
Health-Care Choices
Open Season for federal employees begins Monday and runs through Dec. 8. During this period, workers can select health-care related options under the Federal Employees Health Benefits Program, the Federal Employees Dental and Vision Program and FSAFEDS, which is the Federal Flexible Spending Account Program. More information is available at http://www.opm.gov/insure/openseason/index.asp.
You also can discuss Open Season, suggest improvements to the benefit program or vent about its problems at a new online group discussion I'll be leading on federal workforce issues. It's called Federal Career Talk: Discuss Federal Employee Issues with the Federal Diary's Joe Davidson.
Starting Monday, it will be a forum to discuss a variety of topics affecting the federal workplace. You will be able to find it at http://www.washingtonpost.com/fedpage.
Contact Joe Davidson at federaldiary@washpost.com

Whistle-Muting?

Link to original: http://voices.washingtonpost.com/government-inc/2008/10/whistle-muting.html

Office of Special Counsel chief Scott Bloch has resigned after much turmoil, following months of pressure to give up his post as the government's putative advocate and investigator of whistle blower complaints.

Bloch bailed out under pressure from the White House five months after the FBI raided his house and government office as part of an obstruction of justice probe, according to a piece by The Post's Carrie Johnson.

Bloch set a peculiar tone for his office, claiming to be a dedicated protector of government employees who speak out about fraud, waste and abuse of tax dollars, even as he fell under scrutiny himself. He is under investigation on allegations that he retaliated against whistleblowers in his own office and then tried to hide the evidence, allegations he has denied.

Even his depature this week was unusual. In his resignation letter, he suggested he was the victim of people who didn't like what he had to say.

"'No one likes the bearer of bad news' wrote the Greek poet Sophocles," his resignation letter to the president begins.
Critics aren't buying that suggestion, though. Among them is Danielle Brian, executive director of the Project on Government Oversight, which has been examining the office for several years.

"This is a victory for federal workers. It would have been obscene for this man to be able to walk away under his own terms," she said in a statement. "He has left the agency in shambles. It will take a lot of work to repair the damage Bloch caused. It will also be necessary to fix the systemic flaws which have long hampered its effectiveness."