OSC Wants More Transparent, Speedier Investigations

The Office of Special Counsel (OSC) proposed new policies with the goal of speeding up investigations, making them more transparent, and ultimately safeguarding the merit system.

These changes would impact cases that OSC investigates, including whistleblower cases, retaliation cases, and federal employee misconduct cases. 

“These proposed updates are intended to fulfill Congressional directives, hasten agency accountability and mistake-fixing, and provide greater transparency to whistleblowers, Congress, agencies and other stakeholders, and the public,” OSC wrote in its proposal, noting that investigations that are supposed to take months, are in some cases taking years.

Public Reporting

Under the proposal, OSC would make some case details public if they satisfy certain conditions.

That includes publicly posting when 60 days lapse since OSC referral to an agency and when OSC decides there is a “substantial likelihood” that a violation has occurred. In whistleblower cases, consent of the whistleblower is needed.

OSC can also post publicly on prohibited personnel practice (PPP) when an agency does not take timely corrective action and the worker filing the complaint consents.

In an op-ed in GovExec, OSC Leader Hampton Dellinger writes that the process is currently taking too long and is too opaque, with only OSC and the agency being investigated often knowing the details.

“Congress and common sense tell us the same thing: when you execute the law as a government employee, you must follow the law. When that doesn’t happen, I believe the fix should occur as soon as possible. And the process should be as public as possible. These goals – greater transparency and faster accountability – are the catalysts for this proposal,” wrote Special Counsel Dellinger.

An announcement on which of the proposals will be enacted is expected around the start of the new fiscal year on October 1. In the meantime, OSC pledged to post proposals and policies on its website at www.osc.gov.

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