Whistleblower Protection Blog : Whistleblower Lawyer & Attorney : National Whistleblower Legal Defense and Education Fund : Whistleblower Protection, Fraud Claims : Washington DC

We are pleased to have the talents and energy of a new group of interns for this winter semester.  Here they are:

Top row: Michelle, Jacquie, Jamie. Next row: Quinn, Caitlin. Penultimate row: Ryan, Kevin, Tom. Bottom row: Amanda, Amy, Kylie, Lauren. Not pictured: Kevin, Megan, Phil.

We remain indebted to our interns for their innumerable contributions and limitless energy. Thank you.

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With sadness we report the death of Howard Zinn, historian, author, activist, and founding Board member of the National Whistleblowers Center. Other sources have already reported Zinn's remarkable biography. I recall how the time flew by thirty years ago when I read A People's History of the United States during subway rides to law school. Zinn's clear and informative writing made me wish I had taking history classes in college.

Here is a photo of Howard Zinn speaking last year at Busboys and Poets in Washington, DC:

Zinn played an important role in assisting Daniel Ellsberg in the disclosure of the Pentagon Papers.   Zinn, perhaps better than anyone, recognized the historical importance of putting the truth about the Vietnam War on the public record.

After ferrying the Pentagon Papers, Zinn continued his guiding role in the whistleblower movement. Zinn was a teacher and mentor to two partners of Kohn, Kohn & Colapinto, LLP, specifically Stephen M. Kohn and David Colapinto. Both had the privilege of studying history from Zinn at Boston University. Later, Zinn wrote a preface for Stephen Kohn's Jailed for Peace: The History of American Draft Law Violators, 1658-1985. 

When Stephen Kohn, his brother Michael Kohn, and David Colapinto decided to form the National Whistleblowers Center, Howard Zinn joined them (as did Dennis Brutus, who death we mourned just last month). Zinn remained a Board member of NWC for the remainder of his life, just as he supported whistleblowers throughout his professional life.  His writing, speaking and activism have inspired generations to desire peace, work for justice and shine of the light of truth wherever it is needed.

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Yesterday, Transparency International (TI) released a practical guide for combating corruption in relief and reconstruction efforts.

“Disasters like the catastrophe in Haiti highlight the absolute necessity of ensuring that the funds and supplies allocated actually reach those in need. Corruption in emergency aid is a matter of life and death. Stopping and preventing corruption should be a strategic priority for the humanitarian community,” said Christiaan Poortman, Global Programmes Director at TI.

Strong whistleblowing mechanisms are recommended as the best way to stop corruption and ensure that humanitarian aid gets where it needs to go.  The report states that a “confidential and independent mechanism (whether internal or exernal) helps create an environment intolerant of corruption, in which staff feel safe to blow the whistle without fear of reprisal.”  TI recommends that whistleblowing actually be made a staff duty and if an investigation finds corruption, the agency must take action to ensure that staff trust the whistleblowing process to correct their complaints (Pages 19-20).

For entire report please click here.

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In its March issue, Harpers Magazine challenges the official and widely reported story that three prisoners being held in Guantánamo Bay committed suicide in an act of “asymmetrical warfare.”  The article, written by Scott Horton, is based largely on observations of whistleblower Joe Hickman, the highly decorated Staff Sergeant who was on duty as the guard for Camp America’s exterior security force the night the “suicides” occurred. Horton uses Hickman’s disclosures to clearly demonstrate that the official report is false.

Some major findings from the article include:
 

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The federal Occupational Health and Safety Administration (OSHA) has announced that it will conduct an "OSHA listens" meeting. The meeting was originally scheduled for Wednesday, February 10, 2010, but has now been postponed due to the weather here. To speak at the "OSHA listens" meeting, participants were required to register by February 3.  Perhaps registration will reopen when the event is rescheduled. The original details are in the continuation of this entry.

This will be an opportunity for whistleblowers and their advocates to speak about their experience with OSHA investigations.  How do you feel about having regional directors make the initial decisions? Would a national whistleblower office be better?  Are OSHA investigations thorough and thoughtful? Does OSHA communicate well by informing parties and their attorneys of their actions?  Now is a good time to speak up.

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In a front-page article today, the Washington Post reported that between 2002 and 2006 the FBI illegally collected “more than 2,000 U.S. telephone call records between 2002 and 2006 by invoking terrorism emergencies that did not exist or simply persuading phone companies to provide records, according to internal bureau memos and interviews.”

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Today was the first day on a new job for E. Cooper Brown as he begins his service as Vice-Chair of the Department of Labor's Administrative Review Board (ARB). Brown had served on the ARB in the 1990's, until the Bush Administration swept out the old Board members in 2001.  I particularly appreciate his concurring opinion in Khandelwal v. Southern California Edison, ARB No. 98-159, ALJ Nos. 1997-ERA-6 (ARB Nov. 30, 2000). He made clear that the scope of discovery is broad -- something the ARB was reluctant to say thereafter. Brown previously served the District of Columbia as Chair of the Compensation Review Board (CRB), where his tenure was noted for more efficient administration and clearing a pre-existing backlog.  This skills are well suited for today's ARB.

Paul M. Igasaki is expected to begin service as ARB Chair by the end of this month. Igasaki is currently Deputy Chief Executive Officer of Equal Justice Works.  He was formerly a member and chair of the Equal Employment Opportunity Commission (EEOC).

ARB member Oliver Transue departed last week. Former ARB Chair Wayne Beyer is staying on as an associate Board member. That still leaves two vacancies to fill. I had called for appointment of new ARB members last April. 

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The governor of Ohio and an attorney working for Ohio's Bureau of Workers Compensation are disagreeing about what is a "typical whistleblower situation." According to the Columbus Dispatch, attorney Joseph Sommer sent an email to the Governor last May. He asked for an official state investigation of why a state panel had not complied with a state law requiring nominations for the Industrial Commission within sixty (60) days of a vacancy. Sommer used the state's email account to send his email. Instead of investigating the state's nominating panel, the state investigated Sommer for using his work email account.  The state has now issued a reprimand to Sommer for communication that was less than "professional." Sommer is contesting it.  The Governor's office says that Sommer's case, "differs from a typical whistle-blower situation." I don't know.  An employee points out how superior officials are breaking the law, and the boss blames the messenger.  That sounds pretty typical to me. The boss says that the whistleblower didn't use the proper means for raising the concern.  That sounds pretty typical, too. The boss punishes the whistleblower.  Typical again. Sommer may benefit from following the Supreme Court's consideration of City of Ontario v. Quon. The issue there is whether employees can have any expectation of privacy in using work equipment to communicate. Also, it is ironic to have a state claiming that the whistleblower communication was personal and didn't belong on the work computer. That argument could support Sommer if he were to claim that his email was made in his personal capacity and protected under Garcetti v. Ceballos, 547 U.S. 410 (2006).

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