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

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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:

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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."

• Email This
• Print
• Comments
• Trackbacks
• Share Link