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

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.

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On Thursday, the Colorado Department of Healthcare Policy and Financing (HCPF) cancelled a policy prohibiting employees from making secret recordings in the office.   Governor Bill Ritter, who initially endorsed the new policy, reversed his earlier decision and advised the department to cancel the policy.  The Governor should be commended for this decision.  By following Federal case law, which has supported the use of secret recordings in whistleblower cases, Governor Ritter re-affirmed the rights of all American workers.   

HCPF executives implemented the anti-taping policy in response to an ongoing whistleblower case.  Althought the state Department of Labor and Employment ruled the whistleblower was "wrongfully terminated", Governor Ritter has decided to support HCPF instead of the whistleblower.  While we applaud the Governor's decision to uphold the law and oppose the anti-taping policy, now he must make another important decision.  The Governor should  support oversight and accountability by disciplining HCPF's directors and defending a Colorado citizen who had the courage to report fraud. 

 For more on the Governor's decision to oppose the anti-taping policy please see the Denver Post editorial here.

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 On January 4th, the Denver Post published an editorial on Colorado Governor Bill Ritter's actions in the case of a Colorado Department of Healthcare Policy and Finance (HCPF) whistleblower.  HCPF administers taxpayer funds to recipients of Medicare and low-income children.  In December, the State Personnel Board found that HCPF accountant Annmarie Maynard was “wrongly fired” for blowing the whistle on the department’s attempt to hide $8 million it over-collected from the government.  Governor Ritter is appealing the personnel board’s ruling that he should consider disciplining the executive and deputy directors of HCPF for violating the Whistleblower Act.  The Governor is also appealing a state Department of Labor and Employment ruling that Maynard was wrongly fired.

The Governor’s attempt to defend the department instead of protecting the rights of state workers and taxpayers is extremely troubling.  However, HCPF ‘s new policy could set a dangerous precedent for the rights of all American workers.  This policy, implemented by executive director Julie Henner, prevents HCPF employees from making secret recordings in the office.  In response to the policy, NWC president Stephen Kohn stated, “Many red flags go up here, any rule that restricts [taping] does great harm.”  While Governor Ritter’s office argues the policy protects client confidentiality, the article correctly notes that only the posting of the tape outside the office, not simply making the recording, would jeopardize confidentiality.  The case is currently being appealed. The Governor and his appointees have failed to protect Colorado’s employees.  It’s time for Colorado’s judges to uphold the law and defend whistleblower protections.

To read the article please click here.

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As you know, the recent financial meltdown and the Madoff scandal have highlighted the importance of protecting whistleblowers.  Employees that have the courage to stand up for the protection of American taxpayers  should be treated with the respect they deserve.  As the new Administration and Congress prepare to revitalize the economy we must ensure that oversight and accountability are central part to any rescue plan.  You can sign our petition calling for stronger whistleblower protection here.

Another way to make change for whistleblowers a priority for the new Administration is to visit the change.org website and vote for "Protect government whistleblowers from reprisals" by midnight tomorrow, December 31st.

**You need to sign-up as a member to the site in order to vote.**

Ideas for Change in America is a project of Change.org, an online community and media network for social issues.  Ideas for Change in America is a non-profit citizen-driven project (not connected with the Obama Administration) that aims to identify and create momentum around the best ideas for how the Obama Administration and 111th Congress can turn the broad call for "change" across the country into specific policies.

The top 10 rated ideas will be presented to the Obama Administration on Inauguration Day, January 20, 2009 as the "Top 10 Ideas for America."   Change.org will then launch a national campaign behind each idea and mobilize the collective energy of the millions of members of Change.org, MySpace, and partner organizations to ensure that each winning idea gets the full consideration of the Obama Administration and Members of Congress.

The "Top 10 Ideas for America" will be determined through two rounds of voting. In the first round, ideas will compete against other ideas in the same issue category. The first round will end on December 31, 2008, and the top 3 rated ideas from each category will make it into the second round. 

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Today the US Supreme Court heard oral arguments in Crawford v. Metropolitan Government of Nashville and Davidson County. The court's decision will decide whether employees who participate in an internal company investigation are protected by law.

The National Whistleblowers Center has more information on this case, including the briefs filed by both parties. Click here to read the press release on their brand new website!

UPDATE: HERE IS A LINK TO THE TRANSCRIPT OF THE SUPREME COURT ORAL ARGUMENTS

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