On August 30, the U.S. Office of Special Counsel (OSC) announced a policy proposal designed to increase transparency and accountability around federal employee whistleblower cases.
Under the proposal, the OSC will publicly post a summary of whistleblower allegations about misconduct by federal agencies in instances where the Special Counsel determines that “there is a ‘substantial likelihood that the information discloses a violation of any law, rule, or regulation, or gross mismanagement, gross waste of funds, abuse of authority, or substantial and specific danger to public health and safety’ and has referred the matter to the relevant agency.”
OSC will only post a summary of whistleblower allegations if the relevant agency has not responded within 60 days, the whistleblower behind the allegations consents and if doing so will not interfere with an investigation.
“I think people have a right to know what might be going wrong inside the government they pay for and be assured that serious allegations are being taken seriously and investigated expeditiously,” Special Counsel Hampton Dellinger writes in an op-ed explaining the proposal.
“The OSC continues to show leadership in advocating for whistleblowers,” says leading whistleblower attorney Stephen M. Kohn, founding partner of Kohn, Kohn & Colapinto and Chairman of the Board of National Whistleblower Center. “Promoting transparency around whistleblower disclosures is a welcome step that should help advance accountability.”
The OSC will likewise publicly post a summary of allegations in instances where it has determined that a prohibited personnel practice (PPP), such as whistleblower retaliation, likely occurred and the agency did not “take corrective action in a timely fashion.”
“Publicly posting allegations after OSC has advised an agency that OSC likely could establish the elements of a PPP is intended to encourage efficient resolution, providing more timely relief to federal employees and reducing costs to taxpayers,” the OSC states in its proposal. “It also provides transparency in instances of agency recalcitrance to providing necessary or reasonable relief.”
Under the proposal, the OSC will also undertake “an agency-wide effort to make public its policies, practices, and procedures when it comes to working with whistleblowers and seeking that agencies acknowledge and address misconduct.”
“Americans should have visibility when it appears there is something going wrong inside the government they pay for. And they deserve to know whether or not agency misconduct or employee mistreatment is being fixed quickly,” said Dellinger.
Dellinger was confirmed as Special Counsel in February. The OSC is an independent agency that protects federal employees from prohibited personnel practices, including whistleblower retaliation. The watchdog agency also investigates whistleblower disclosures about wrongdoing in federal agencies.
On June 20, Dellinger announced that he is pushing for the permanent recognition of National Whistleblower Day, sending a letter to Congress calling on legislation on the matter. He further called for a permanent designation of the day during his speech at the National Whistleblower Day celebration on Capitol Hill.
A group of whistleblowers are leading a grassroots campaign calling for a permanent National Whistleblower Day. To support the campaign, the whistleblowers have launched a GoFundMe. They also encourage whistleblower supporters to join the campaign by signing the petition and amplifying the campaign’s message on social media.
Further Reading:
Special Counsel’s Proposal to Promote Transparency and Speed Up Agency Accountability
Transparency and urgency are needed to deter agency misconduct and protect federal workers
Special Counsel Dellinger Pushes for Permanent National Whistleblower Day in Speech on Capitol Hill
