OSC Made “Preliminary Determination” Closing Your Case? No Response Needed Says MSPB
When an employee exhausts administrative remedies through the Office of Special Counsel (OSC), they gain the right to appeal directly to the Merit Systems Protection Board (MSPB).
Federal Circuit Clarifies Definition of “Abuse of Authority”
In an internal investigation, an Army doctor working testified that the commanding officer of the Army hospital harassed his wife and intimidated him after his wife filed a complaint.
Federal Circuit: No Waiver of Sayers Arguments in VA Removal Case
A VA police officer was removed by the Department of Veterans Affairs under the 2017 “accountability” law 38 U.S.C. § 714 that limited review of VA’s actions against general schedule employees. The removal was based on conduct occurring prior to the enactment of the law. The employee appealed to the MSPB, and the MSPB affirmed the removal. On December 7, 2020, the United States Court of Appeals for the Federal Circuit vacated the MSPB’s decision, and remanded the case to the MSPB with instructions to remand the case further back to the agency.
OSC and CIGIE Reach Agreements for Investigation Referrals
On November 3, 2020, the United States Office of Special Counsel (OSC) announced that it had reached two agreements with the Council of the Inspectors General on Integrity and Efficiency (CIGIE). A statement by OSC claimed that the “core goals of the agreements are to protect the independence of the respective Inspectors General and provide better outcomes to whistleblowers who report allegations of wrongdoing by OIGs.” The agreements are “the result of a years-long effort to clarify standards of procedure for such disclosures.”
OSC: MSPB Misapplied Whistleblower Statute
On August 11, 2020, the United States Office of Special Counsel (OSC) filed an amicus curiae brief in Tao v. MSPB, a case pending before the United States Court of Appeals for the Federal Circuit, arguing that the Merit Systems Protection Board (MSPB) committed reversible error when it failed to properly analyze an employee’s allegation of whistleblower retaliation.
OSC Issues Guidance on Black Lives Matter, Hatch Act
In guidance issued last Tuesday, the Office of Special Counsel (OSC) clarified questions relating to use and displays of the phrase “Black Lives Matter” (BLM) while on duty or in the federal workplace. The guidance addresses two central questions: whether BLM terminology is inherently political activity and whether the Black Lives Matter Global Network (BLMGN) is a partisan political group. OSC found the answer to both questions to be no, which under the Hatch Act generally allows employees to engage in BLM-related activity while on duty or in the workplace.