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

Today's Washington Post (Metro page B-1) reports on "a blunt assessment" of Washington DC's Metro transit administration.  Retired Metro manager David L. Gunn wrote the report.  Among other problems, it finds a "shoot the messenger" phenomenon "that discourages employees from raising safety concerns." The report is particularly sobering in light of last year's collision that killed nine people.  Metro has had other fatal accidents since then.

I know a fix for the "shoot the messenger" phenomenon. Any Metro manager, union official, or journalist could help.  One change could assure that safety issues are raised and addressed in the warm glow of pubic attention.  Every Metro train operator, bus driver, maintenance worker and manager needs to know that a recent federal law now protects them from retaliation when they raise safety concerns. 

Last October, I wrote here about how the Washington Post could report on the National Transit Systems Security Act of 2007 (NTSSA). NTSSA has given every transit system employee the right to put safety first, to bypass the chain of command, and to disobey unsafe or illegal orders. Under NTSSA, every Metro employee has legal protection if they choose to speak to a newspaper about safety concerns. They would be protected if they follow safety rules and run "late" as a result. Victims of retaliation need to know that they have only 180 days to file a complaint (some laws allow only 30 days).

I would be happy to speak to any group of Metro employees about their rights under NTSSA and how to enforce them.   Just call me, 202-342-6980, Ext. 112.

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In a front-page article today, the Washington Post reported that between 2002 and 2006 the FBI illegally collected “more than 2,000 U.S. telephone call records between 2002 and 2006 by invoking terrorism emergencies that did not exist or simply persuading phone companies to provide records, according to internal bureau memos and interviews.”

The FBI acknowledged that many of the phone records obtained belong to individuals with no connection to terrorism. This over-collection of data and abuse of search tactics actually detracts from our national security by obstructing properly targeted terrorism investigations. 

Bassem Youssef, the highly decorated Chief of the FBI’s Communications Analysis Unit in the Counterterrorism Division, was instrumental in exposing the illegal program and forcing FBI management to take corrective action, according to the article. Mr. Youssef’s vital contributions, made in the face of a systemic violation of civil liberties, highlight the need for strong protections for national security whistleblowers. Passage of strong whistleblower legislation (H.R. 1507) is absolutely essential to protect intelligence agency whistleblowers like Mr. Youssef.

The National Whistleblowers Center is urging people to TAKE ACTION by sending letters to their representatives in Congress that express support for Mr. Youssef and H.R. 1507.


*Meryl Grenadier (NWC fellow) contributed to this posting.

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On October 14, the Washington Post ran a story on Metro drivers going "Strictly by the Book" (p. B-1). The story highlights safety issues that reach beyond Metro. That the Post's writer would be concerned about the disruption reveals a prevalent but dangerous attitude that speed is more important than safety.

As an advocate for whistleblowers, I am particularly concerned that the bus drivers speaking to the reporter were afraid of retaliation. The National Transit Systems Security Act of 2007 (NTSSA) has given every transit system employee the right to put safety first, to bypass the chain of command, and to disobey unsafe or illegal orders. Under NTSSA, every Metro employee has legal protection if they choose to speak to a newspaper about safety concerns. They would be protected if they follow safety rules and run "late" as a result.

That some Metro employees were afraid to speak shows that this new law is either unpublicized or ineffective. I think it is both. The Post could do a service by explaining that federal laws protect many health and safety whistleblowers. Victims of retaliation need to know that they have only 180 days to file a complaint (some laws allow only 30 days).
Awareness of the law will do no good, however, unless our government does a better job of enforcement. The Department of Labor's whistleblower program is still run by holdovers from the prior administration. They have used unfounded excuses to deny remedies to whistleblowers. They are bogged down by backlogs, poor training and inadequate resources (as found by the General Accounting Office last January). The new Secretary of Labor, Hilda Solis, can make a dramatic improvement in the system at any time by appointing new members of the Administrative Review Board.

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Robert MacLean is a former federal air marshal. During the Summer of 2003, he exposed a plan by the Transportation Security Administriation (TSA) to stop all overnight travel by the air marshals to save money on the budget.  This shutdown of air marshal travel came at the same time that the Department of Homeland Security was reporting an active al-Qaeda suicide hijack plan.  MacLean's courageous disclosure prompted Congressional and public outrage.  In response, TSA reversed its decision, continued air marshal travel, and fired MacLean for making the disclosure.  MacLean also raised concerns about how TSA's dress code for air marshals made them easy for terrorists to identify.

 

Yesterday, a House committee heard testimony from the Director of the Federal Air Marshal Service (FAMS), Robert Bray.  Bray told Congressman Bill Pascrell (New Jersey) that it was a problem that his predecessors ignored whistleblower complaints of safety and security problems.  The old management forced the whistleblowers to go to the media. Rep. Pascrell insisted that the TSA should give MacLean and others their jobs back: "pure and simple."

Joe Davidson reports in today's Washington Post that Pascrell showed concern about MacLean's case. MacLean is "still twisting in the wind," Pascrell told Davidson. "I think it's very unfair."

MacLean has posted seven (7) minutes of excerpts of the hearing on YouTube.

Here are some excerpts from the witnesses' testimonies:

Jon Adler, National President of the Federal Law Enforcement Officers Association, cited MacLean's case in his verbal and written testimony:

"Last, in an effort to remedy some of the personnel hardships brought on those who spoke out in the past, FLEOA recommends that TSA conduct retroactive case reviews of past Whistleblower cases within the agency. Brave Air Marshals such as Frank Terreri who sits with me today, and Robert MacLean were punished in 2005 and 2006 for blowing the whistle on past FAMS policies that endangered the public.  At the same time, FAMS executive management, in the height of its hypocrisy, continued to televise false bravado news segments that publicized Air Marshal operational protocol. I appeal to this committee to support all efforts to review these cases and return those who were victimized to full flying duty."

http://homeland.house.gov/SiteDocuments/20090723104159-67506.pdf
 

Christopher P. Carney, Chairman of Subcommittee:

"In the past, the FAMS organization has struggled with numerous personnel issues that have impacted morale and caused the agency public embarrassment."

"I know that members have questions on a number of topics today, including polices aimed at improving Air Marshal anonymity, steps that have been put in place to foster better communication between line-level Air Marshals and management, and the need to implement consistent guidance on disciplinary actions that the entire FAMS, including field offices, are to follow."

http://homeland.house.gov/SiteDocuments/20090723103947-58658.pdf
 

Bennie Thompson, Chairman of FULL Committee

 

"After a downward spiral with countless complaints and concerns, the Service realized that they needed to turn the corner and fix the considerable damage that had been done to its workforce morale and reputation."

"All TSA workers need to have whistleblower protections in the name of security – so that they are able to report security concerns without fear of losing their jobs or retaliation."

 

http://homeland.house.gov/SiteDocuments/20090723104018-05453.pdf

 

 

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As you know, we have been waging an intense campaign for new whistleblower protection laws. We have experienced recent victories and setbacks. And now, prominent whistleblowers like Bunny Greenhouse are calling us all to action. Throughout this campaign, our staff has been incredibly impressed with the level of support shown by our blog readers, facebook users, and all other online grassroots supporters. We have sent thousands of letters to Congress and we are achieving real change!!! 

This groundswell of support is driving a national conversation about whistleblower rights, which is evidenced by the fact that the national news media is paying very close attention to these recent developments. Just today, there are two stories in the Washington Post detailing the struggle for whistleblower protections for federal employees, and especially national security whistleblowers. See the links below for the articles.

"Advocates Determined to See Whistleblower Protections Pass"

"Obama, Gates at Odds Over New Whistleblower Protections"

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In the battle for the support of DC's newspapers, whistleblowers are winning 2-1. As we reported yesterday, the Washington Post has come out against the comprehensive whistleblower protection provisions included in the economic stimulus package passed by the House of Representatives last week. The Post went so far as to say that the provisions should be pulled from the bill, and that protecting national security whistleblowers is "just plain wrong." (click here for a rebuttal to the Post editorial) Although this is disappointing, there are at least a couple of newspapers around town who got it right.

Today, the Washington Times endorsed the whistleblower provisions, highlighting a number of important and heroic whistleblowers in the article. Check it out here.  Earlier this week, the Washington Independent also carried a lengthy article highlighting the proposed whistleblower laws, and even pointing out that there should probably be MORE protections included in the bill. 

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Yesterday, as some of you may know, the Washington Post ran an ill-informed editorial criticizing House Congressional leaders for their inclusion of a government employee whistleblower rights provision in the economic stimulus bill that they passed the House of Representatives last week. (see response to the editorial) The Washington Post says that including whistleblower provisions in the legislation was "disengenous," and that whistleblower protection for national security employees is "just plain wrong;" however, it's the Washington Post that is wrong on this issue.

We are very close to a major victory for employee whistleblowers, and we cannot give in. There are many so called leaders in this country who would rather honest employees keep their mouths shut, bury their heads in the sand, and ignore unethical and illegal actions in the workplace. We have seen that they are determined to fight our efforts to protect these brave individuals - But this time we will not be defeated. Right now our country needs whistleblowers more than ever. The will of the American people, and hopefully the will of the Obama administration is on our side.  

Whistleblower support and advocacy groups have put together a point-by-point response to the editorial, which you can view here.

 

 

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We told you that Obama's hardest promise would be protecting whistleblowers. 

According to today's Washington Post, he just might be up for it.

Many of us in the whistleblower community of supporters have been cautiously optimistic about the opportunity to pass truly meaningful whistleblower protection laws under an Obama administration. The President-elect has a history of supporting whistleblowers, in fact, as a young lawyer he worked representing whistleblower Dr. Janet Chandler in a False Claims Act case that eventually wound its way to the Supreme Court. As a Senator, Obama supported legislation to protect government employees from retaliation when they report waste, fraud and abuse. Now as he prepares to take office, he has again, via the transition team website, reiterated his support for whistleblowers.

 

There is much reason for optimism, and all signs point to continued support from the Obama Administration, but we must also be cautious. Many a politician or corporate manager have vowed to strive for the highest ethical standards, to hold the powerful in check...that is, until they attained those positions of power. The voices of dissent are often not so appealing when they are bringing to light problems with which you must deal.

 

DIGG This story here

 

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