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Legal Battle Finally Over for an "American Hero"

The NWC is pleased to announce that whistleblower hero Bunnatine “Bunny” Greenhouse has finally won a six-year legal battle against the U.S. Army Corps of Engineers. In 2005, Ms. Greenhouse blew the whistle on the Army Corps for extensive contractor fraud in which they were awarding secret, non-compete contracts worth billions of dollars to Halliburton’s subsidiary Kellogg, Brown and Root (KBR). Six years later, the U.S. District Court in Washington, D.C. has given its final approval on a settlement that requires the Army Corps to pay Ms. Greenhouse $970,000 in lost wages, compensatory damages, and attorneys fees. Her drawn-out journey is recapped by today’s Washington Post, in a column whose title captures the sentiments of the NWC perfectly—this judicial ruling is indeed “a bittersweet win for a federal whistleblower.”

Ms. Greenhouse also appeared on Democracy Now! yesterday with her attorneys Michael D. Kohn and Stephen M. Kohn.

 

Ms. Greenhouse fought for six years to shine the light on what she has called “the most blatant and improper contract abuse I have witnessed in my career.” Her professional life was put on the line from the minute she testified against the corrupt contracting practices of the Army Corps. After testifying to the Senate Democratic Policy Committee, Ms. Greenhouse faced such retaliatory tactics as having her performance reviews suddenly downgraded, after years of exemplary reviews. She was removed from her position and stripped of her top-secret authority clearance. For six years, Ms. Greenhouse witnessed first-hand the harsh realities of coming forward as a whistleblower. She states, “I was simply doing my job and protecting the public interest and was retaliated against for doing so.” 

Ms. Greenhouse’s attorney Michael D. Kohn issued the following statement about the settlement: “Her courage led to sweeping legal reforms that will forever halt the gross abuse she had the courage to expose. Bunny Greenhouse epitomizes what government service is all about. Bunny Greenhouse is an American hero.” 

With the District Court’s final ruling, Ms. Greenhouse now retires at age 67 with full benefits after serving 29 years as a federal employee. But she laments that fighting as a whistleblower has indeed been a “long and emotionally draining experience.” For Bunny Greenhouse, the fight is over, but the memories still remain. She now hopes that her plight will encourage the Administration and Congress to “finally give federal employees the legal rights that they need to protect the public trust.”

We all agree when Ms. Greenhouse says that, “six years to extract justice is too long.”

The NWC rejoices the victory of the whistleblower today, but also takes this moment to reflect upon the lack of strong whistleblower protections for our public servants and encourages you to TAKE ACTION to fully protect federal employees.
 

*Cho Hwang (a NWC intern) contributed to this posting

Bunny's Letter Intensifies Debate Over Court Access For Federal Employees

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As you may know, Army Corp of Engineers whistleblower Bunny Greenhouse has been actively involved in the fight for stronger whistleblower protection.  She has often said that she is only trying to allow the truth to be spoken.  Studies have proven that the best way to discover the truth is to encourage employees to blow the whistle and protect them from retaliation.

Ms. Greenhouse, concerned about the provisions included in the Senate bill, wrote a letter urging the Senate and the White House to “stop paying lip service to strong whistleblower protection for federal employees.”  She stated that despite all the retaliation she suffered as a result of blowing the whistle on the no-bid contract to Halliburton she would still not be able to tell her story to a jury of her peers.  Ms. Greenhouse explained that most federal employee would also be denied court access under the current Senate bill.

Her letter featured on the front-page of today’s Washington Times has sparked a debate over the true effectiveness of the Senate jury trial provision.

NWC Executive Director Stephen M. Kohn has asserted in the 12-part blog series entitled “What’s Wrong With The Senate Whistleblower Bill?” that the “when read together, the numerous ‘poison pill’ provisions inserted into S. 372 all but guarantee that very few, if any, federal employee cases will ever be removed to district court for a real trial.”

On the other hand, according to a news media report, the White House and members of the Senate including Senator Daniel K. Akaka (D-HI) assert that the Senate bill would dramatically improve protections for federal employees and give whistleblowers, like Bunny Greenhouse, access to federal court.  

This assertion is wrong, however.

The Senate bill limits access to jury trials to employees who suffer a major personnel action as defined by Section 7512 of the Civil Service Reform Act (5 U.S.C. § 7512).  This means that a whistleblower must suffer a removal, a suspension for more than 14 days, a reduction in grade, a reduction in pay, or a furlough of 30 days or less (there are additional limitations to these five actions) in order to potentially receive a jury trial in federal court.

In Ms. Greenhouse’s case, a federal court has already ruled that she did not suffer a major personnel action as defined by Section 7512.  A copy of the Court's ruling is linked here.  This ruling directly contradicts the exaggerated claims by the White House and proponents of the Senate bill about the true scope of the bill’s jury trial provisions.  

It is clear that Ms. Greenhouse would not qualify for the right to jury under the Senate’s proposed whistleblower bill unless the Senate bill is changed to remove the limitation to jury trials for only those cases involving major personnel actions.

So, the question is what do you think will happen?

My opinion is that federal agency employers will just get “smarter” about how they retaliate against a whistleblower.  They will avoid the list of actions that could potentially expose them to real consequences – a jury trial in federal court.  They will suspend a whistleblower for 13 days instead of 14 days.  They will transfer employees to another position outside their area of expertise without a reduction in grade or pay.  There are many ways that an employer can create a hostile working environment and silence a whistleblower.  The only way to truly protect whistleblowers is to prohibit any retaliation against a whistleblower.

I urge you to read Bunny’s letter and get informed about the provisions in the current Senate bill.
 

Voice of America releases video on Bunny Greenhouse

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Voice of America (VOA) has released a YouTube video featuring interviews with U.S. Army Corps of Engineers whistleblower Bunny Greenhouse, her lawyer Michael D. Kohn, and Lindsey Williams, Advocacy Director of the National Whistleblowers Center.  Produced by the VOA's Nico Colombant, the video is six minutes, 36 seconds, long and is called Whistleblowers Unite for Justice.  It presents excerpts of Bunny Greenhouse's testimony to Congress, and exclusive interviews with her, Kohn and Williams.  It describes how she blew the whistle on the no-bid contracts for a Halliburton subsidiary during the Iraq War, and then got demoted.  Michael Kohn explains how her case shows the need for the Whistleblower Protection Enhancement Act (WPEA), a bill that would give federal whistleblowers access to jury trials.  Lindsey Williams describes the NWC's petition drive to support the WPEA.

 

Senate Stimulus Vote Approaching Fast! Contact Congress Now!

The Senate is preparing to vote on the stimulus package, and we must seize this historic opportunity to obtain whistleblower protection for all federal employees. We’re in the final stages of the fight and taxpayers who demand oversight and accountability are making their voices heard, but we need your help. Now Halliburton whistleblower, Bunny Greenhouse is calling on all Americans to contact Congress and tell your Senators and Representatives to keep whistleblower protection in the final version of the stimulus package.

Bunny’s urgent letter capped  off a week of increasing public support for whistleblower protection.  Yesterday, the Washington Post published a letter to the editor emphasizing that whistleblower protections are essential for oversight and accountability. Earlier this week, the Pennsylvania Patriot News endorsed the whistleblower protection amendment of the stimulus package as a necessity to allow civil servants to report fraud.