How the OSC Can Get Its Bark Back

Today, POGO released an investigative report on the Office of Special Counsel's (OSC) handling of whistleblower cases from employees of the Federal Air Marshal Service (FAMS).  We chose this group as a case study for two reasons: 1) President Bush has pointed to the critical role the federal air marshals play as undercover law enforcement officers aboard flights and at airports, and 2) former Special Counsel Scott Bloch touted his work with the air marshals as evidence of the success of his tenure.

As we enter one of the busiest travel times of the year, it's a good opportunity to assess what's at stake when the OSC--the agency that federal air marshals and other government whistleblowers must turn to for help--does not fulfill its responsibility.  Our investigation found that when federal air marshals disclosed serious security concerns, the OSC did not rigorously investigate them.  Also, federal air marshals were rebuffed when they went to the OSC for help with getting their jobs back after they were fired or put on administrative leave as a result of blowing the whistle.

We recommend that President-elect Obama and Congress appoint and confirm a new Special Counsel who sets a tone of trust and ethics among his or her staff, and actively reaches out to federal agencies.  Ideally, this person should have a background in working constructively with whistleblowers and federal employees.  When this person gets in office, they should quickly make a number of reforms, including some great ideas suggested by former Special Counsel Elaine Kaplan and former OSC staffer Tim Hannapel.  However, we are not completely convinced that the OSC can be reformed enough to really meet the needs of whistleblowers, and we recommend that Congress task GAO or CRS with examining whether it should be replaced.

POGO also sent a letter to FAMS Director Robert Bray urging him to create an organizational culture where employees are not only encouraged to bring forward concerns and ideas for reform, but are also protected when they do so.  Bray recently expressed a commitment to “root out and report any instance of misconduct or criminal behavior.”   We encourage Bray to go a few steps further by rehiring those federal air marshals who improperly lost their jobs after disclosing incidents of workplace wrongdoing, but who would still like to come back and support FAMS' mission.  We also urge him to hold accountable those employees who retaliated against whistleblowers.

-- Ingrid Drake

Comments

[Ken Huffman]

OSC has always had an abysmal record when it comes to rigorously investigating disclosures of fraud, mismanagement, and retalliation in govt. POGO worships at the altar of Elaine Kaplan however Elaine had her shot and failed whistleblowers miserably. The new OSC Director must be capable of differentiating wheat from chafe and heat from light in applying OSC investigative resources. Because OSC has minimal staff, cases that suggest wrongdoing at high agency or departmental levels should be given first priority as they offer the greatest potential for broad system reform. This hasn't been the case for over 25 years to include Elaine's tenure.

Dear POGO, 11/25/2008

My I suggest that in your forthright endeavors that you it would appear your seemingly forthright many and varied wish list could only be accomodated with the inclusion of the 'Federal Employee Whistleblower Protection Act' as seemingly and as seemingly sufficiently described on the GAP, Government Accountability Project Website and the NWC, National Whistleblower Website and where ever my many previous blog comment replies on POGO, GAP and NWC may be of proper and forthright assistance and especially the Sabersky Plan.

Thank you and all for your time and consideration.

Sincerely,
Axel