National Whistleblower Assembly May 24 & 25 Ellsbury, Serpico and MacLean!
For more information on the forum, see below link on GAP.
http://whistleblower.org/press/press-release-archive/549-national-whistleblower-assembly-may-24-a-25
Saturday, May 22, 2010
Wednesday, May 19, 2010
FEDERAL EMPLOYEES HAVE A DUTY. THE 14 RULES OF ETHICAL CONDUCT THEY MUST ADHERE TO!
Fourteen Principles of Ethical Conduct for Federal Employees
(1) Public service is a public trust, requiring employees to place loyalty to the Constitution, the laws and ethical principles above private gain.
(2) Employees shall not hold financial interests that conflict with the conscientious performance of duty.
(3) Employees shall not engage in financial transactions using nonpublic Government information or allow the improper use of such information to further any private interest.
(4) An employee shall not, except as permitted by the Standards of Ethical Conduct, solicit or accept any gift or other item of monetary value from any person or entity seeking official action from, doing business with, or conducting activities regulated by the employee's agency, or whose interests may be substantially affected by the performance or nonperformance of the employee's duties.
(5) Employees shall put forth honest effort in the performance of their duties.
(6) Employees shall not knowingly make unauthorized commitments or promises of any kind purporting to bind the Government.
(7) Employees shall not use public office for private gain.
(8) Employees shall act impartially and not give preferential treatment to any private organization or individual.
(9) Employees shall protect and conserve Federal property and shall not use it for other than authorized activities.
(10) Employees shall not engage in outside employment or activities, including seeking or negotiating for employment, that conflict with official Government duties and responsibilities.
(11) Employees shall disclose waste, fraud, abuse, and corruption to appropriate authorities.
(12) Employees shall satisfy in good faith their obligations as citizens, including all financial obligations, especially those -- such as Federal, State, or local taxes -- that are imposed by law.
(13) Employees shall adhere to all laws and regulations that provide equal opportunity for all Americans regardless of race, color, religion, sex, national origin, age, or handicap.
(14) Employees shall endeavor to avoid any actions creating the appearance that they are violating the law or the ethical standards set forth in the Standards of Ethical Conduct. Whether particular circumstances create an appearance that the law or these standards have been violated shall be determined from the perspective of a reasonable person with knowledge of the relevant facts.
(1) Public service is a public trust, requiring employees to place loyalty to the Constitution, the laws and ethical principles above private gain.
(2) Employees shall not hold financial interests that conflict with the conscientious performance of duty.
(3) Employees shall not engage in financial transactions using nonpublic Government information or allow the improper use of such information to further any private interest.
(4) An employee shall not, except as permitted by the Standards of Ethical Conduct, solicit or accept any gift or other item of monetary value from any person or entity seeking official action from, doing business with, or conducting activities regulated by the employee's agency, or whose interests may be substantially affected by the performance or nonperformance of the employee's duties.
(5) Employees shall put forth honest effort in the performance of their duties.
(6) Employees shall not knowingly make unauthorized commitments or promises of any kind purporting to bind the Government.
(7) Employees shall not use public office for private gain.
(8) Employees shall act impartially and not give preferential treatment to any private organization or individual.
(9) Employees shall protect and conserve Federal property and shall not use it for other than authorized activities.
(10) Employees shall not engage in outside employment or activities, including seeking or negotiating for employment, that conflict with official Government duties and responsibilities.
(11) Employees shall disclose waste, fraud, abuse, and corruption to appropriate authorities.
(12) Employees shall satisfy in good faith their obligations as citizens, including all financial obligations, especially those -- such as Federal, State, or local taxes -- that are imposed by law.
(13) Employees shall adhere to all laws and regulations that provide equal opportunity for all Americans regardless of race, color, religion, sex, national origin, age, or handicap.
(14) Employees shall endeavor to avoid any actions creating the appearance that they are violating the law or the ethical standards set forth in the Standards of Ethical Conduct. Whether particular circumstances create an appearance that the law or these standards have been violated shall be determined from the perspective of a reasonable person with knowledge of the relevant facts.
Tuesday, May 18, 2010
Smoke and Mirrors. MSPB states Rober MacLean's Whistleblowing "Benefited the Nation." His Reward is "You're Fired!"
My colleague and fellow whistleblower, Robert MacLean lost his case at the Merit System Protection Board after years of battle against the Transporation Safety Board. GAP (Government Accountability Project) published the following article on the decision that in my opinion is misaligned with the law.
I posted the following on the GAP blog:
As demonstrated by Mr. MacLean's story, the Whistleblower Protection and No Fear Acts designed to protect federal service employees are not only deeply flawed, they are toothless tigers. Whistleblowers with a duty to protect the tax payers interest and to protect the public from harm typically have their lives destroyed in a battle against the federal government they served nobly. Federal service employees who put their jobs on the line to do the right thing are currently trapped in a quasi-judicial setting at the Merit System Protection Board.
Moreover, ALJ Kang's acknowledgment that Mr. MacLean is a whistleblower who benefited the nation verses the ALJ's credibility doubts is oxymoronic, truly worthy of the title "snafu." The key to understanding the rationale used in the decision lies in the fact that the Board virtually ignors the U.S. Court of Appeals for the Federal Circuit precedent.
It is clear that the Board lacks basic, magistrate level common sense, refusing to apply the law expediciously and without bias. Board statistics exhibit a clear, resounding, deep-seated favoritism for federal agencies. The Board continues to churn out tacit approval of agency retaliation against the noble. The President must set a moral compass at the Board.
http://whistleblower.org/blog/31-2010/559-the-mspbs-terrible-ruling-on-robert-maclean
I posted the following on the GAP blog:
As demonstrated by Mr. MacLean's story, the Whistleblower Protection and No Fear Acts designed to protect federal service employees are not only deeply flawed, they are toothless tigers. Whistleblowers with a duty to protect the tax payers interest and to protect the public from harm typically have their lives destroyed in a battle against the federal government they served nobly. Federal service employees who put their jobs on the line to do the right thing are currently trapped in a quasi-judicial setting at the Merit System Protection Board.
Moreover, ALJ Kang's acknowledgment that Mr. MacLean is a whistleblower who benefited the nation verses the ALJ's credibility doubts is oxymoronic, truly worthy of the title "snafu." The key to understanding the rationale used in the decision lies in the fact that the Board virtually ignors the U.S. Court of Appeals for the Federal Circuit precedent.
It is clear that the Board lacks basic, magistrate level common sense, refusing to apply the law expediciously and without bias. Board statistics exhibit a clear, resounding, deep-seated favoritism for federal agencies. The Board continues to churn out tacit approval of agency retaliation against the noble. The President must set a moral compass at the Board.
http://whistleblower.org/blog/31-2010/559-the-mspbs-terrible-ruling-on-robert-maclean
Friday, May 7, 2010
When you shoot the messenger, the smoke lingers.
Jesselyn Radack, of GAP is still being investigated after 7 years for ethics violations when she leeked how FBI agents were improperly questioning “American Taliban” John Walker Lindh without his attorney present. I am disgusted by the endless pursuit of government attorneys who aid the wrongdoers, cover up the violations of law and have a bottomless pit of money to retaliate against whistleblowers. Ms. Radack is the subject of a modern day bitch hunt. I feel Ms. Radack's pain because I too have endured a similar experience.
In a nutshell, as a federal service employee I was severely retaliated against after reporting fraud, waste, abuse, mismanagement and a substantial and specific danger to public health and safety at HHS. There were numerous violations of law including grantees of HHS that did not have buildings or programs, grantees that were unlicensed to care for minors operating in prohibition of State and Federal law, grantees that used forced labor contracts on minors and youth, shell non-profit corporations, false outcomes reported to Congress and the substandard and mistreatment of vulnerable runaway and homeless children.
The initial request for stay and appeal in June 2008, provided emails between HHS managers, some using their home email addresses discussed my whistleblower status. My direct supervisor went so far as to describe that if word got out I "would have broad protections" under the Whistleblower Protection and No Fear Acts. As the case progressed, I submitted clear and convincing evidence that HHS was in fact allowing grantees to blantantly violate State of California licensure law when caring for minors and federal law that required fingerprinting and background checks on grantee workers caring for minors.
After approximately 2 years of retaliation, I was fired. 6 months later I settled. 2 months after that I found out that I was never actually fired, HHS just stopped paying me. My case is currently before the U.S. Court of Appeals for the Federal Circuit charging HHS and the MSPB ALJ with hiding evidence of wrongdoing, retaliation and perpetrating a fraud. The ALJ is licensed in California. HHS counsel is licensed in the State of Washington.
Washington Post: DC Bar Still Pursuing DOJ Leaker After Seven Years
May 6, 2010
Summary: This article discusses how GAP Homeland Security Director Jesselyn Radack blew the whistle on ethics violations by the Department of Justice, and how retaliation from the agency has lead to the DC Bar Association still investigating her seven years later.http://blog.washingtonpost.com/spy-talk/2010/05/dc_bar_still_pursuing_doj_leak.html
To read more about Ms. Radack, see below.
In a nutshell, as a federal service employee I was severely retaliated against after reporting fraud, waste, abuse, mismanagement and a substantial and specific danger to public health and safety at HHS. There were numerous violations of law including grantees of HHS that did not have buildings or programs, grantees that were unlicensed to care for minors operating in prohibition of State and Federal law, grantees that used forced labor contracts on minors and youth, shell non-profit corporations, false outcomes reported to Congress and the substandard and mistreatment of vulnerable runaway and homeless children.
The initial request for stay and appeal in June 2008, provided emails between HHS managers, some using their home email addresses discussed my whistleblower status. My direct supervisor went so far as to describe that if word got out I "would have broad protections" under the Whistleblower Protection and No Fear Acts. As the case progressed, I submitted clear and convincing evidence that HHS was in fact allowing grantees to blantantly violate State of California licensure law when caring for minors and federal law that required fingerprinting and background checks on grantee workers caring for minors.
After approximately 2 years of retaliation, I was fired. 6 months later I settled. 2 months after that I found out that I was never actually fired, HHS just stopped paying me. My case is currently before the U.S. Court of Appeals for the Federal Circuit charging HHS and the MSPB ALJ with hiding evidence of wrongdoing, retaliation and perpetrating a fraud. The ALJ is licensed in California. HHS counsel is licensed in the State of Washington.
Washington Post: DC Bar Still Pursuing DOJ Leaker After Seven Years
May 6, 2010
Summary: This article discusses how GAP Homeland Security Director Jesselyn Radack blew the whistle on ethics violations by the Department of Justice, and how retaliation from the agency has lead to the DC Bar Association still investigating her seven years later.http://blog.washingtonpost.com/spy-talk/2010/05/dc_bar_still_pursuing_doj_leak.html
To read more about Ms. Radack, see below.
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