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MSPB Rules USDA Whistleblower Wrongly Fired for Trivial Misstatement, Not Deception

MELISSA D. WISE, Appellant, v. DEPARTMENT OF AGRICULTURE, Agency. DOCKET NUMBER SF-0752-13-0189-I-1 MERIT SYSTEMS PROTECTION BOARD May 10, 2013 COUNSEL: Margaret J. Wilson, Eugene, Oregon, for the appellant. Shelley B. Mund, Albuquerque, New Mexico, for the agency. AJ: Benjamin Gutman INITIAL DECISION INTRODUCTION The agency removed the appellant from her position as a law enforcement officer […]

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FAA May Be Trying to Evade Disclosure by Creating New FOIA Restrictions Announced via Litigation

Readers of this blog know that I have sued the Federal Aviation Administration earlier this year for withholding responsive documents required to be disclosed under the Freedom of Information Act. My request asked for all documents pertaining to an assignment that I worked on while employed by the FAA. In that request, I suggested that […]

Merit Systems Protection Board

Amicus Briefs in Day v. Department of Homeland Security

Responses to Amicus Briefs: Appellant Response to Amicus Briefs Agency Response to Amicus Briefs Amicus Briefs: Joseph Carson, PE Department of Veterans Affairs Jacques Durr, M.D. Government Accountability Project Elizabeth Jewel Martin MSPB Watch National Employment Lawyers Association National Whistleblowers Center U.S. Office of Special Counsel Whistlewatch Background Documents: Federal Register Notice Amicus Extension Order […]

Merit Systems Protection Board

Is a Conflict of Interest at the MSPB Hampering Its Mission?

A number of weeks ago, in reaction to a special study by the Merit Systems Protection Board, I asked the Board the following question via Twitter, with their response below: Now the Board replied via email, which has been reprinted below and with permission. Mr. Pardo: This responds to your question about how MSPB uses […]

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OSC Needs an Inspector General

The Office of Special Counsel does not have an inspector general. In fact, it was only in 2008 (30 years after its founding) that OSC was given some measure of oversight, with an amendment to the IG Act of 1978 that allows complaints against the Special Counsel and Deputy Special Counsel to be brought before […]

Merit Systems Protection Board

MSPB Should Not Apply the Amended 5 C.F.R. 1209.2 Retroactively

During the open comment period for MSPB’s regulatory review, I submitted the following comment: This is a comment in response to the proposed changes to 5 C.F.R. 1209.2, Jurisdiction. MSPB proposes to change this rule such that employees who choose to pursue a whistleblowing reprisal action with the Office of Special Counsel will sacrifice the […]

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Whistleblower Relations Under the Microscope

TSA Whistleblower Robert MacLean was recently interviewed by Peter B. Collins, along with MacLean’s attorney, Tom Devine. The entire interview is worth listening but this exchange was particularly poignant (it may not be up yet–this post will be updated when it is). Peter B. Collins, at 31:49: Now Robert, as I mentioned, I’ve talked with […]