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We are deeply disappointed at the letter from Darshan A. Sheth, Acting Director of Public Affairs for the Office of Special Counsel (letter to the editor, Washington Post on Monday, July 26, 2010). There is bipartisan consensus that the Office of Special Counsel (OSC) is dysfunctional, and instead of suggesting reforms, the OSC responded to this criticism by obfuscating its record. This is a bureaucracy that has failed to protect whistleblowers for the past ten years.

The letter from the OSC fails to mention the most recent statistics it released, which show that during fiscal year 2008 the OSC ignored 95% of whistleblower disclosures without any investigation and obtained zero stays from the Merit Systems Protection Board. Indeed the letter notes that there is an “increase in the number of whistleblower reprisal complaints“ even as the OSC continues to do little or nothing to support the whistleblowers who file these complaints.

The only way for whistleblowers to be truly protected is if this defensive posturing by the OSC ends.  Real reform must occur, and President Obama must appoint a new chief watchdog at the OSC who will protect and champion the whistleblower. 

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On the eve of former Scott Bloch’s criminal sentencing hearing, Dave Nolan hoped to send a message to President Obama; the Office of Special Counsel needs change, too. Scott Bloch is scheduled to be sentenced today, July 20^th, for withholding information from the House Oversight and Government Reform Committee about having files on his computer professionally deleted in 2006. Under the terms of Bloch’s plea, he could receive up to six months in prison and a $5,000 fine.

Photo: Dave Nolan and NWC Intern Kevin Heade

While Bloch’s tenure from 2004 to 2008 may represent a new low for the OSC, Nolan is intent on transforming the entire operation of the Office of Special Counsel. Comparing Bloch to his predecessors, Nolan said, "Special Counsel Bloch was only 'special' in that unlike his predecessors, Reagan appointee Alex Kozinski and Clinton appointee Elaine Kaplan, he was the only one accused of retaliating against his own agency employees for perceived sexual preference. Like the decisions of MSPB members such as Beth Slavet, rights for federal employees by OSC were never expanded."

Nolan is actively seeking a nomination as Special Counsel from President Obama. “After 31 years of the OSC not protecting federal employees, we need a new direction,” Nolan said today. “The law is on our side, but without an effective OSC, it doesn’t matter what the law says. It is like moving chairs on the Titanic; if you don’t have an organization that will investigate and prosecute cases, then the laws can’t help. With me at the helm, the OSC will set a level playing field,” explained Nolan.

 Bill Dougan, National President of the National Federation of Federal Employees (NFFE) supported Nolan. “Federal employees are reticent to blow the whistle. They fear retaliation from management. They can’t do it on their own, federal employees need a strong ally in the OSC,” Dougan said, adding, “Apathy over action, silence over speaking out is the norm as rank and file employees are effectively muzzled. We need to call on President Obama to fill the position with all due speed, and Dave Nolan is the best person for the job.”

Jim Faller of U.S. Justice Watch stressed that, “the OSC is the protector of the most important watchdogs, government employees.” Faller warned that for “President Obama’s enormous positive change to continue, we need to ensure government employees can come forward when something goes wrong. The OSC needs to be headed by a moral, competent, and experienced individual such as Dave Nolan.”

Statements from whistleblowers Joe Carson, Carol Czarkowski, and Gary Vander Boegh were also given in support of Dave Nolan’s nomination.

Dave Nolan’s immediate agenda items for OSC reform can be read here. You can take action and demand a new OSC by clicking here.
 

*This post drafted by NWC intern Kevin Heade

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GovernmentExecutive.com reports that President Barack Obama still has not appointed anyone to lead the Office of Special Counsel (OSC). The article quotes leaders of a federal employee union, Danielle Brian of the Project on Government Oversight (POGO) and former OSC officials who all agree that a new Special Counsel is needed.  OSC investigates reports by federal employee whistleblowers, and can intervene to protect their jobs from retaliation. It has been eighteen (18) months since the former Special Counsel, Scott Bloch, was forced out amidst scandal.  This protracted time without a permanent leader is unprecedented for OSC. "We need a win for whistleblowers," Brian said, "and we have not had one."

One candidate for Special Counsel, Dave Nolan, has asked the National Whistleblowers Center (NWC) for an endorsement, and we gave it. He is currently Legal Director of the Federal Ethics Center, and he has endorsed H.R. 1507, the version of the Whistleblower Protection Enhancement Act (WPEA) that would give federal employees a genuine right to jury trials for whistleblower retaliation claims.

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It has become apparent that Scott Bloch, head of the Office of Special Counsel, was fired by the Bush Administration. This decision comes more than five months after Bloch became the target of an federal obstruction of  justice probe. Bloch's tenure has been a tumultuous one, and federal government whistleblowers have paid a heavy price.

The National Whistleblower Center's President, Stephen M. Kohn, issued the following statement upon the termination of Special Counsel Scott Bloch:

"The termination of Special Counsel Scott Bloch represents the low point in the history of the Office of Special Counsel. Originally intended to protect whistleblowers, the Office has never fulfilled its promise. Since its inception, the Office has ignored or ruled against the overwhelming majority of federal employee whistleblowers. The institution itself has never acted as a "safe harbor" for whistleblowers. Under Special Counsel Bloch, the Office imploded. Ignoring its mission to protect whistleblowers, the management of the OSC turned on its own staff."

"Change must come to the OSC and it must come fast. We call upon the new President and Congress to ensure that the position of Special Counsel be filled by a truly experienced and competent advocate for whistleblowers. Moreover, Congress and the President must act in a bi-partisan manner to ensure that never again will the Office be politicized and used as a patronage slot. The problem rests with both the President and Congress. Historically, Congress has failed to exercise any oversight concerning the appointment of the Special Counsel. That must end. This position is critically important for the enforcement of federal laws and the protection of taxpayer dollars. Employees risk their careers to do the right thing and report misconduct and abuses of power. The new President must do the right thing and appoint a Special Counsel who can protect these American heroes. Congress must do its job and demand that the next Special Counsel has the background, experience and expertise demanded under the Whistleblower Protection Act."

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UPDATE: The Washington Post is now reporting the Scott Bloch has resigned, effective yesterday, after a meeting with White House officials. The Post is covering the Bloch resignation HERE and HERE

 Click here to view Bloch's resignation letter.
 

 

UPDATE:   GOVEXEC.COM IS NOW REPORTING THAT THE WHITE HOUSE FORCED BLOCH OUT.

 

 GovernmentExecutive.com is reporting the Office of Special Counsel chief Scott Bloch has submitted his resignation to President Bush, effective January 5th. Although Mr. Bloch probably would not have lasted long under a new administration (his 5 year term ends in January), there was no replacement selected and he may have been able to serve past his term.

Bloch has had more than his share of issues while attempting to lead the independent agency charged with investigating federal government whistleblower complaints. He has dealt with whistleblower complaints against his agency, and an FBI Investigation into allegations that he hired the "Geek Squad" to wipe agency computers clean.
 

GovExec says that Bloch submitted, "a defiant two-page resignation letter to President Bush that quotes Sophocles and list[ed] his achievements at OSC."

UPDATE (10/22/08): The Washington Post has this story detailing Bloch's many disservices to federal workers. 

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Back in May I blogged about the disgrace that has become the Office of Special Counsel. At that time the head of the OSC, Scott Bloch, had his home and office raided by FBI agents in an obstruction of justice probe.


Now, more trouble is brewing at OSC. On Saturday, Bloch's Deputy Special Counsel Jim Byrne resigned, and in his resignation letter skewered Bloch, saying:

"Upon my departure, I am obligated to note that the mission, independence, and very existence of the Office of Special Counsel are--and shall remain--at risk unless and until this agency is afforded a presidentially appointed, senate confirmed leader who is capable of putting OSC's mission and OSC's people ahead of political agendas and personal vendettas."

The Washington Times and POGO's blog carried reports on this issue last week.


NPR also has a related story, reporting that President Bush has so far refused fire Bloch, although he has been counseled to do so by senior advisers.

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Many MSM sources (such as the New York Times and CNN)and blogs (like Talk Left) are now reporting that the Office of Special Counsel was raided by the FBI today, along with the home of agency head Scott Bloch. Bloch and his agency are under investigation for obstruction of justice stemming from an ongoing probe in which Bloch and other managers at the OSC -- the agency responsible for investigating federal whistleblower complaints -- are suspected of retaliating against whistleblowers in that agency.


Mr. Bloch has been under investigation since 2005, and today's events are in no doubt related to the fact that he used a private computer service company (Geeks on Call) to erase his personal and office computers during the time of the investigation.

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