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Public Employees for Environmental Responsibility (PEER) reports that it has filed briefs for Robert McCarthy, the former General Counsel for the United States Section, International Boundary and Water Commission (USIBWC).  PEER says that USIBWC fired McCarthy on July 31, 2009 -- three days after McCarthy disclosed his reports of waste, fraud and abuse by USIBWC.  McCarthy claims  that USIBWC planned to build “cosmetic” levees along the Rio Grande. These would give the appearance of flood control while leaving residents vulnerable to seasonal flooding. USIBWC also planned to divert flood control funds to subsidize building a border barrier.  PEER had previously labeled the USIBWC "the worst agency in the federal government." USIBC Commissioner Bill Ruth, a Bush Administration holdover, fired McCarthy for “continued failure to support me [Ruth]…in a constructive and collegial manner." PEER is asking the Merit System Protection Board (MSBP) to reinstate McCarthy.

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Sen. Harry Reid (D-NV) and other politicians have called on the administration to review the cases of Robert MacLean and Spencer Pickard, according to a story in today's Las Vegas Review-Journal. Both MacLean and Pickard were fired by the Transportation Security Administration (TSA) after going public about shortcomings in TSA's security plans.  Robert MacLean  criticized TSA for grounding all the air marshals, nationwide, during a security alert, to meet a budget goal.  Spencer Pickard criticized TSA for requiring air marshals to meet wardrobe requirements that made them stick out like sore thumbs.  Both cases well demonstrate why we cannot rely on administrative procedures where all the decision makers are appointed by the administration that is being criticized.  Both cases show how public safety will be enhanced if Congress passes the House version of the Whistleblower Protection Enhancement Act (WPEA), HR 1507, and allows jury trials for federal employee whistleblowers.

The Review-Journal article notes how the new administration promised last June that it would review whistleblower cases from the prior administration.  We are still waiting for the outcome of that review.

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Last Wednesday, Robert Mueller, Director of the Federal Bureau of Investigations, appeared before the Senate Judiciary Committee for an oversight hearing.  Sen. Charles Grassley (R-Iowa) used the opportunity to question Dir. Mueller about how the administration's proposed whistleblower bill (S. 372) came to propose the repeal of the protection for FBI employees (5 USC 2303).  Dir. Mueller testified that he did not recall what that section of law said off hand, but promised to get back to Sen. Grassley about that. The Director also promised to check whether any FBI employees were involved in making the proposal to repeal 5 USC 2303.  You can read about the exchange in The Washington Times. The National Whistleblower Center (NWC) has now posted a transcript of the Senate Judiciary Committee Oversight Hearing, and of Sen. Grassley's press conference where he says he will place a hold on all Justice Department nominations until his questions are answered.

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A child welfare employee has won a million dollar jury verdict in Palm Beach County, Florida, according to the Miami Herald.  Gerolyn Shapiro says that she was fired because her testimony pointed to the negligence of another county employee.  Shapiro had worked for the county's Department of Children and Families for ten years.  She testified that the negligence resulted in the deaths of two children and the severe brain injury of a third child.

Notably, Shapiro's testimony occurred years before her 2006 discharge.  The jury was apparently unmoved by how the county managers allowed Shapiro to continue working for years after the testimony at issue, and was still able to connect the dots to find that the manager's anger over the testimony was still the cause of the discharge. This case well explains why whistleblowers everywhere need to have access to juries to have confidence that the legal system will protect them.

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The Mid-Hudson News reports that Ulster County, New York, has now adopted a Whistleblower Employee/Agent Protection  Policy. The report says that the policy will protect employees of the county and its contractors.  One proponent of the policy was County Comptroller Elliott Auerbach. The article quotes him as saying that the policy is, “To give the county employee, or county contractor, an oasis, where they can feel safe when they bring an issue forward. Realize how important that is, and put into perspective what’s been going on the past six to nine months in our county, and you’ll understand the value of the legislation that you are going to pass tonight.”

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On the 8th anniversary of the terrorist attacks on the World Trade Center and the Pentagon, FBI whistleblower Coleen Rowley has issued a call to action for the White House and Congress to pass effective legislation protecting national security whistleblowers.  Ms. Rowley is urging all Americans to put pressure on their Senators and Congressmen to immediately enact whistleblower protections for national security employees, whose whistleblowing actions are often vital to the safety and security of our citizens.

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