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The City of Chicago Ethics Task Force released a report today that recommends that the City strengthen protections for whistleblowers.  Mayor Rahm Emanuel appointed the Task Force to improve the City's notorious record on ethics. Cindy Canary of the Illinois Campaign for Political Reform chairs the Task Force.

On page 29, Recommendation 16 notes that the City's Ethics Ordinance does not include "a generally applicable whistleblower provision." It notes that Chicago does have a more general whistleblower protection at 2‐152‐171(b)(1)‐(2), and the Task Force recommends that this ordinance be moved to the Ethics Ordinance. Merely moving the whistleblower provision, however, will not strengthen it.  The Task Force cites a 2009 survey by the Ethics Resource Center that found that 60% of City employees did not report misconduct out of fear of retaliation. The Task Force asked the City to publicize its whistleblower protection.

I can also suggest that the City's ordinance expand the scope of protected activity to include any lawful act taken to raise a concern about misconduct, and any refusal to comply with an order to engage in misconduct. The City's current whistleblower protection only protects disclosures to government agencies. Effective whistleblower remedies will include awards of compensatory damages, exemplary damages, attorneys fees and costs, and injunctive relief including reinstatement, expungement and posting.

Recommendation 15 could also become a concern for whistleblowers.  The Task Force wants the City Council to require that all employees report all misconduct they observe. This type of requirement can be used by managers to punish whistleblowers.  They could say that the employee did not report the misconduct fast enough, or through the right channels. If the City Council considers this recommendation, it should be mindful that the better policy will always leave every door open to those who want to raise their concerns.

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Yesterday, the Missouri House of Representatives passed a bill called the "Whistleblower's Protection Act," H.B. 2099. This bill is actually an attempt to weaken the protections Missouri courts already afford to whistleblowers.  Like courts in most states, Missouri courts recognize a common law tort claim for employees discharged in violation of a clear public policy. See Entwistle v. Missouri Youth Soccer Association, Inc., 259 S.W.3d 558, (Mo.2008). The Republican controlled legislature passed a similar bill earlier in the year, but Democratic Governor Jay Nixon vetoed it.  According to an Associated Press (AP) story, the present bill is slightly less severe than the prior bill. 

Still, H.B.2099 would limit punitive damages, exempt governmental agencies, and prohibit courts from expanding protections under the common law. The bill's definition of a "protected person" does not make clear that employees would be protected if they raise a concern based on a reasonable belief of a violation.  Courts might require employees to actually prove the violation to receive any protection. The bill also fails to specify a protection for those employees who raise concerns based on health, safety and environmental issues. The bill offers no assurance that employees could reach the courthouse if their employer uses forced arbitration agreements. The bill makes no provision for awards of attorneys fees, litigation costs and expert witness fees.

The bill's sponsor, Rep. Kevin Elmer, told the AP that his bill would provide clarity for businesses. He tacitly concedes that his bill does more than clarify existing law. "We're trying to balance the rights of individuals and the right to earn a living," said Elmer. Any "balancing" that wants to protect the public from frauds and dangers would make sure that all whistleblowers are fully protected. It remains to be seen if the bill can pass the Missouri Senate, and override an expected veto. We could also advance the cause of "clarifying" whistleblower protections for businesses by having the federal Congress pass a gold standard whistleblower protection for all employees.

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We may be much closer to living in an Orwellian state than many think, suggests William Binney, a National Security Agency (NSA) whistleblower. Binney served as an NSA employee for almost 40 years, including time as technical director of the NSA’s World Geopolitical and Military Analysis Reporting Group, before leaving his post in October of 2001. In his first interview since he quit his job because of the domestic surveillance program, he sat down with Democracy Now! to discuss the NSA’s colossal power to spy on Americans.

Binney interviewed with two other individuals who have been frequent targets of government surveillance: Laura Poitras, an Oscar nominated documentary filmmaker, and producer and Jacob Appelbaum, a computer security researcher and Wikileaks volunteer. Both have been interrogated and regularly detained upon entrance into the United States. Their computers, cameras, and cell phones have been seized and presumably copied.

William Binney began the conversation discussing the role of the NSA and how its operation drastically changed post 9/11. After the 2001 attacks, the NSA began collecting roughly 320 million records of US –to- US citizen communication from commercial companies, largely AT&T. After this occurred, Binney “knew [he] could not stay there” and “had to leave.” Not only did this collection infringe upon constitutional rights, it also violated the Pen Registry Act, the Stored Communications Act, the Electronic Privacy Act, and the Intelligence Acts of 1947 and 1978.

With knowledge of the illegal data collection that was occurring, Binney and a few colleagues filed a DOD-IG report to the Pentagon and Inspector General reporting on the corruption, waste, fraud, and abuse that was occurring at the NSA. Because his signature was on this document, his home was raided on July 26, 2007, with his family present. Roughly a dozen FBI Agents entered his residence with guns drawn. He was separated from his family and interrogated.

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Tune in today at 1:00pm EDT to Honesty Without Fear on Progressive Radio Network.

In the first half hour, Michael Kohn interviews Jim Bobreski, an Instrument and Control Technician who blew the whistle on the District of Columbia's water department for intentionally disabling the safety alarms on chlorine tanks kept within a mile of the U.S. Capitol. In 2005, a Department of Labor judge ruled that Mr. Bobreski was illegally fired, and that the District's Water and Sewer Authority was responsible for causing his discharge. Hear about his struggle to protect public health and safety.

In the second segment, Richard interviews Robert M. Danno, a whistleblower at the National Park Service (NPS). Mr. Danno is a decorated Park Ranger whose career was stunted after objecting to the destruction an NPS forest just to give Redskins owner Dan Snyder a better view of the Potomac River from his luxury home in Maryland. Mr. Danno discusses his experience, which is the subject of his new book, Worth Fighting For: A Park Ranger's Unexpected Battle against Federal Bureaucrats & Washington Redskins Owner Dan Snyder. Read a review of the Mr. Danno's book by the Association of National Park Rangers.

You can take action to protect whistleblowers by signing the petition.
 
Submit Your Question to be asked on air during the show or call in to 1-888-874-4888.

Missed last week's episode?? You can listen to the podcast.

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Washington Post readers found out this morning that the Justice Department has been withholding information for years about hundreds or even thousands of cases that were tainted by faulty forensic work in the FBI Crime Lab. The front-page feature was based in large part on the work of Dr. Frederic Whitehurst, an NWC Board Member who was one of the FBI’s top scientists during the period of misconduct.

For those of you just now learning about Dr. Whitehurst, I highly recommend the following clip from CBS News, recorded in 1998:

CBS News recorded this piece just after the Justice Department Inspector General validated Dr. Whitehurst’s concerns of Crime Lab misconduct. The Inspector General report could have settled the issue, but the problems that Dr. Whitehurst reported, starting with his first whistleblower disclosures over 20 years ago, unfolded into the deep, drawn-out tragedy described in today’s Washington Post.

Read the rest of this post for more details about Dr. Whitehurst’s story and to discover more media coverage from his decades-long attempt to protect American citizens from their government.

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This Monday, April 16, 2012, NWC Director of Advocacy & Development Lindsey Williams will testify before the New York City Council in support of strengthening whistleblower protections included in proposed legislation, including the local False Claims Act. The hearing will commence at 10:00am in the 16th Floor Committee Room, 250 Broadway, New York, NY.

The City Council will broadcast a live webcast of the hearing.

New York is one of the few cities that has passed its own local False Claims Act in addition to state and federal versions of the law.  The local law is up now up for reauthorization, with proposed amendments that would update the definition of an “original source” and also increase the whistleblower’s share of the recovery.

In addition, Council Member Dan Garodnick has sponsored two bills that expand whistleblower rights. His first bill extends whistleblower protection to employees of city contractors, and his second bill requires city contractors to post information about whistleblower protections included in the local, state, and federal False Claims Acts.

Council Member Gardodnick will discuss the bills and the hearing in more detail during an interview on Honesty Without Fear, live this Tuesday, April 17, 2012, at 1:00pm.

We’ll post a round-up of the hearing here on on the Whistleblower Protection Blog, so stay tuned.

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NWC Executive Director Stephen Kohn appeared live on RTTV last night to discuss the treatment of national security whistleblowers under the Obama administration. Specifically, RTTV asked him about the FBI's attempts to censor Sibel Edmonds as she attempts to publish a book about her experience blowing the whistle at the Washington Field Office.

How does Obama's record on whistleblowers compare to that of the founding fathers? The answer might not be what you think. Here's the full interview:

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For nearly a year, the FBI has attempted to prevent the publication of whistleblower Sibel Edmonds' new book, Classified Woman: The Sibel Edmonds Story.

On April 26, 2011, Ms. Edmonds followed official procedure and submitted her manuscript to the FBI for pre-publication clearance. Under the terms of her employment agreement and controlling regulations, the FBI was required to review and approve the submission within thirty (30) days. Instead of complying with the law, the FBI intentionally stalled the approval process for over 341 days and has still refused to "clear" the book for publication.

Ms. Edmonds will speak today for the first time about the FBI's attempts to suppress her book. The interview will be aired live at 1:30pm ET on Honesty Without Fear, and the podcast will also be available for download.

Today, the NWC is released documentation confirming that the FBI required employees, including Ms. Edmonds, to sign the illegal contracts that allowed the FBI to censor issues of "public policy" it found embarrassing. According to Ms. Edmonds attorney, Stephen M. Kohn, "the controlling law strictly limits government's ability to censor its employees. Agencies like the FBI may require pre-publication review of its employees' writings, but may only censor classified or secret information. The government may not censor books or other writings on 'policy' grounds. The FBI's employment contract with Ms. Edmonds is overreaching and illegal."  Additional documents demonstrate that the agency acted illegally to prevent Ms. Edmonds from publishing a manuscript that might embarrass the agency.

To read the rest of today's press release please click here.

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Tune in today at 1:00pm EDT to Honesty Without Fear on Progressive Radio Network.

In the first half hour, Steve Kohn and Donna Boehme, Principal at Compliance Strategists LLC and editor of the weekly CS NewsFlash discuss the first six months of Dodd-Frank and why arguments by General Electric that an employee is not protected from retaliation unless they go to the SEC are counter-productive to the company’s long-term interests.

In the second segment, Steve Kohn interviews whistleblower Sibel Edmonds about her current battle against the FBI. The FBI has spent enormous resources to prevent Ms. Edmonds from publishing a book about the serious security breaches and cover-ups she witnessed while working in the FBI’s Washington Field Office. Call in to ask about her experience, and tune in to find out about her long-awaited book, Classified Woman: The Sibel Edmonds Story.

You can take action to protect whistleblowers by signing the petition.
 
Submit Your Question to be asked on air during the show or call in to 1-888-874-4888.

Missed last week's episode?? You can listen to the podcast.

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The Department of Justice’s policy of distorting privacy laws to pursue and discredit whistleblowers continues. The Associated Press reported yesterday that a former CIA officer, John Kiriakou, is being charged with leaking classified information after publicly expressing concerns over the use of torture during interrogations.

The National Whistleblowers Center obtained a copy of the indictment, available here.

In the indictment, the DOJ argues that because the interrogation “operation fell within the scope of a CIA counterterrorism program,” all details are therefore critical “national defense information.” Using this type of circular logic and vague, umbrella terminology is now standard practice for the Department of Justice as it works to hide serious legal and ethical allegations, including those made by Mr. Kiriakou in this case.

Stephen M. Kohn, Executive Director of the National Whistleblowers Center, stated:

We condemn Mr. Kiriakou’s indictment. The First Amendment means what it says; freedom of speech exists in the United States regardless of the wishes of extremists at the DOJ and CIA who are using outrageous charges to attack whistleblowers. These charges should be dropped immediately, and an investigation should instead be made into those responsible for them.

You can read more about the government's treatment of national security whistleblowers in the recent Whistleblowers Protection Blog article, "Washington Times Covers the Department of no-Justice."

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Tune in today at 1:00pm EDT to Honesty Without Fear on Progressive Radio Network.

In the first half hour, Jane Turner interviews Rosemary Dew, a 13-year veteran FBI agent and author of "No Backup: My Life as a Female FBI Special Agent." Ms. Dew worked undercover against criminals, spies and terrorists, earning eight commendations. Despite her achievements, she was subjected to severe discrimination and sexual harassment. Ms. Dew and Jane explore how the climate at the FBI not only taints the experience of the FBI's few female agents, but also leads directly to some of the bureau's most harmful failures.

In the second segment, Lindsey Williams and Dr. Aaron Westrick discuss his experience blowing the whistle on defective bulletproof vests. As a research director for one of America’s largest body armor companies, Dr. Westrick was the first official to oppose the sale of Zylon bulletproof vests. Listen to his story of how industry put profits above the lives of law enforcement officers.

You can take action to protect whistleblowers by signing the petition.
 
Submit Your Question to be asked on air during the show or call in to 1-888-874-4888.

Missed last week's episode?? You can listen to the podcast.

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