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US DHS EMPLOYEE MISCONDUCT DISCIPLINE PROCESS – STILL A "BROKEN PROCESS" [2]
Why the Secrecy with the Results of an Internal DHS OGC Review?
FOIA Decision to be Appealed
Washington, DC – Dear President Biden, Vice President Harris, Secretary Mayorkas and OPM Acting Director Shriver; Member of the US Congress,
The US Department of Homeland Security’s (DHS) employee misconduct disciplinary process is still in critical need of reform.
The current disciplinary process is unresponsive, demeaning, opaque, byzantine, and far from due process.
I know.
I have been dealing with the system for nearly four years and still can’t get straight answers - or answers - for that matter.
I. DHS FOIA Response
Just this week, I had the opportunity to reiterate this concern to Congressional staff.
Coincidently, two days ago I received a response from DHS’s Freedom of Information Act (FOIA) office with a response to a June 30, 2022, request for information on this subject.
As usual, and two years late(r), another incomplete response
II. DHS OGC Internal Inquiry
While the Homeland Security Secretary’s internal inquiry is appreciated and was a step in the right direction,
I have yet to get responses or been asked to speak with the “… dedicated group of well-trained individuals, who are not the employees’ immediate supervisors,” [3].
With all due respect, the lack of procedural transparency and publicized details troubles me.
As did this bureaucratic FOIA response.
The lack of details in this response further convinces me that conditions encountered and recorded by the OGC might be even more appalling – incriminating – than what is known - corroboration of what others and I have documented and asserted.
I state this emphatically because our assertions have been reaffirmed in government and third party reports:
One would think the Department would be anxious to exonerate itself of these serious accusations - even ecstatic - to show affirmative results given that the Secretary made an extraordinary request for an internal review – after reports of a botched investigation by the Department’s “watch dog” – the Office of the Inspector General [7].
I'll have more to say about the DHS OIG shortly regarding repeated requests for an investigation into DHS - FEMA's national security priorities:
III. The Role of Other Key Stakeholders
A few remarks about other key stakeholders in this process.
A. House Oversight Hearing
I understand from a recent hearing of the House Oversight Committee regarding the Council of the Inspectors General on Integrity and Efficiency - (CIGIE) - that there is a report coming this September on the DHS OIG [9].
I'll be looking to see if the DHS OIG will finally be held accountable for its precarious and egregious mishandling of such important matters [10].
B. CIGIE & OSC
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I lament to add this, but CIGIE too has left much to be desired, as has the Office of the Special Counsel (OSC) [11].
Despite having spoken directly with Hampton Dillinger, the current Special Counsel (SC), at the National Whistleblowers Center's National Whistleblower Day celebration on Capitol Hill [12] and hearing of the many constructive changes he has implemented in his office to protect whistleblowers [13], I have yet to hear back from him on these very same matters.
I am very interested in knowing his office's justification for not providing a comprehensive response to my complaint.
During our conversation, I provided the SC with my name and contacts; and asked for a follow-up.
I look forward to his response.
C. US Senate Whistleblowers Caucus
As a former Senate Staffer, I am hoping that the Senate Whistleblowers Caucus will take a serious interest in these matters and take my comments as recommendations for further legislative remedies and corrections [14].
D. VA Congressional Delegation
Senators Kaine and Warner, you're my representatives and your direct involvement would be very much welcomed and appreciated.
Senator Kaine, you're standing for re-election. A great subject to campaign on give all of the federal and military constituents in the Commonwealth of Virginia, many my neighbors. Not to mention that you're on the Armed Services Committee [15].
Senator Warner, I contacted your staff just recently. Not sure why I haven't heard from you, in your capacity as chairman of the Select Committee on Intelligence [16].
E. Congressional Whistleblower Protection Act
Finally, and if nothing else, I ask all members of the US Senate and House to co-sponsor and vote for the Congressional Whistleblower Protection Act [17].
My deepest thanks to Sen. Blumenthal for his stewardship and introduction of this much needed legislation.
As the Senator's release reminds us,
Under current law, federal employees are guaranteed the right to petition or provide information to Congress. However, without adequate protections in place, individuals who do so can face termination or retaliation.
The?Congressional Whistleblower Protection Act?ensures that all federal employees, contractors, and applicants are able to file an administrative complaint if their right to share information with Congress has been interfered with or denied.
Additionally, if corrective action is not reached within 180 days of filing a complaint, the legislation allows whistleblowers to pursue a lawsuit in federal court and seek a range of relief, including lost wages and benefits.
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[13] https://osc.gov
Christian Musician
3 个月Amen to that, Frank. I don’t know if you remember me but I’m STILL dealing with my issue with FEMA. I presented my [current] issue with FEMA to the FOIG and all they did was send it right back down to the OPR who didn’t do a damned thing to help me. They just dismissed it.