Even More Problems to Solve at the OSC?

This week OSC Watch asked Attorney General Mukasey to investigate senior officials (including former Special Counsel Scott Bloch) at the Office of Special Counsel (OSC) for obstruction of justice.  OSC Watch also charges in a lawsuit that ever since the OSC's founding in 1978, it has not followed its legal obligation as an investigatory agency to formally report its determinations of "reasonable grounds to believe" that violations of laws, rules, or regulations have occurred within its jurisdiction.  Instead, the OSC only reports the violations it decides to prosecute, something that happens only a few times a year according to the OSC's Annual Reports to Congress.

This shoddy record is a problem: the OSC is supposed to be the primary agency protecting federal employees from agency violations of the merit principles, known as prohibited personnel practices (PPPs).  PPPs include political coercion, nepotism, and the deceit or willful obstruction of anyone from competing for employment.  Any such allegations should be rigorously investigated.

In addition, OSC Watch has raised concerns that the Merit System Protection Board (MSPB) has not followed the law by failing to conduct “special studies” of whether federal employees are adequately protected from PPPs.  All of these are issues that need to be urgently addressed in a congressional review of the OSC and MSPB, as we recommended in our recent report, Breaking the Sound Barrier: Experiences of Air Marshals Confirm Need for Reform at the OSC.  The Obama Administration should also make it a priority to resolve these problems.

-- Ingrid Drake

Comments

[R.K.Murry]

If the Merit System Protection Board (MSPB) followed the law by conducting “special studies” of whether federal employees are adequately protected from PPPs, they would have to include themselves in the total. The MSPB is in no position to point fingers. The incident below is only one of a million that overwhelmingly shows that they support that lack of protection.

This is a strange but true incident.

Although the Merit System Protection Board (MSPB) found that I did not disobey an order (insubordination), still ruled in favor of the agency by supporting the unproven charge. To date both the MSPB and the Agency refuse to tell me what order that I disobeyed.

I filed a petition for review of a removal charge that the Dallas Office MSPB AJ Anna Love collectively wrote in her initial decision was NOT PROVEN by the Agency, but she mitigated my removal for the unproven charge to a 90-day suspension. I filed a petition for review of the 90-day suspension. I returned to work and remained for over a year and a half without incident. Although the Board on petition for review also agreed with the Judge Love's initial decision (charge unproven) over-turned my 90-day suspension and I was removed from 23 years of successful military and federal service (the day after I fell on concrete floor, breaking and cracking 3 teeth and injuring my shoulder and wrist). The OWCP approved an emotional claim accompanied by my doctor’s letter that demonstrates causal connection between my injury, work environment, and the [unproven] insubordinate charge. I provided Judge Cornelius, MSPB Dallas Office with my medical information and requested a restoration hearing. Judge Cornelius sent out his order instructing me to prove the Board had jurisdiction. I proved that the Board had jurisdiction and Judge Cornelius set a merit hearing date. When that hearing had to be canceled, Judge Cornelius rescheduled another merit hearing, and later another merit hearing was cancelled and Judge Cornelius rescheduled another merit hearing. Suddenly Judge Cornelius changed his mind and stated that he could not find that the Board had jurisdiction in the same appeal he previously found to have merit (three consecutive times). Judge Cornelius said that he could understand what the doctor said about the causal connection between my disability and the [unproven] charge, but since Judge Love in her initial decision (diagnosis) said that she did not find that my [unproven] charged actions were caused by my medical condition he would stick with that. Judge Cornelius over-ruled the medical diagnosis of a Clinical Neurophysiologist for a legal diagnosis of his peer.

Even the supervisor that submitted the descriptions of the (alleged)specifications did not say that I disobeyed an order..... WOW.

Go Figure....

[Axel]

Thanks again POGO for the post and to let you know I continue to appreciate your due dillegent, determined and dedicated continued highly commendable time and consideration towards Whistleblowers and the serious concerns within and towards the expected mandated US Constitutional Democratic expected Lawful Representation of the MSPB and OSC and that I continue with the endeavors for the proper and forthright resolve of my MSPB, OSC and FEDCIR Dockets #00-3446 and #02-3254 and my continued support for the Sabersky Plan Working Group which appears to be the most appropriate and expected format and plan to these resolves and endeavors.

Best Wishes to all at POGO, GAP, NWC and all for an enjoyable Holiday Season and in the New Year.

Thank you and all for your time and consideration.

Sincerely,
Axel