A few weeks ago I made the following disclosure to the Office of Special Counsel about the way it handles reprisal complaints and has handled such complaints since 1978:
Is it time to reexamine OSC’s informal resolution practice?
Statement of the Problem
The Office of Special Counsel interprets 5 U.S.C. § 1214, the statute dealing with its investigation of prohibited personnel practices (PPPs), in a way that deprives employees of protection from PPPs, limits its administrative flexibility, engenders a culture of retaliation and lawbreaking in the federal government, violates reporting requirements, and denies the public the right to know the full extent and occurrence of retaliation and other PPPs in the civil service.
What the Law Requires
Now the following response came back, stating that “OSC is not the proper forum for review of these allegations. Instead, this information should be provided to OSC’s Congressional oversight committees for their review and consideration.”
Translation: If the violation of law goes back far enough, and is sufficiently critical, only Congress can correct it.