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Letter to OPM OIG

Letter to OPM OIG

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Published by: MSPBWatch on Nov 11, 2011
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11/07/2012

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KATZ,
MARSHALL
&
BANKS,
By
Telecopier
and
First-Class
MailOctober
31,2011
Hon.
Phyllis
K.
Fong
ChairCouncil
of
the
Inspectors
General
on
Integrity
and
Efficiency
Inspector
General,
U.S.
Department
of
Agriculture
1400
Independence
Ave.SW,
Room
117W
Washington,
D.C.
20250
Re:
Office
of
PersonnelManagement
Office
of
Inspector
General’s
Investigation
of
Former
Special
CounselScott
J.
Bloch
Dear
Ms.
Fong:
I
am
writing
to
request
that
theCouncil
of
the
Inspectors
General
on
Integrity
and
Efficiency
(CIGIE)compel
the
release
of
a
prompt
andfinal
determination
toan
investigation
it
assigned
in
2005
to
theOffice
of
Personnel
Management’s
Office
of
Inspector
General(OPM
IG).
This
investigation
concerns
allegedmisconduct
at
the
U.S.
Office
of
Special
Counsel
(OSC),
thefederal
agency
charged
by
Congress
and
the
President
with
upholding
therights
of
federal
whistleblowers
andotherfederalemployees.
OPM
IG
has
failed
to
release
the
findings
of
its
investigation
despite
the
fact
that
the
investigation
concluded
nearly
fouryears
ago.In
March
2005,ourclients
a
group
of
former
OSC
civilserviceemployees
andseveral
nationalpublic
interest
groups’
filed
an
OSC
charge
against
theOffice
of
Special
Counselitself,
alleging
various
acts
of
retaliation
and
misconduct
by
former
Special
CounselScott
J.
Bloch,
at
that
time
the
head
of
OSC.
Because
of
the
obvious
conflict
in
having
OSC
investigate
a
chargeagainst
itself,
the
matter
was
referred
to
the
President’s
Council
on
Integrity
and
Efficiency
(PCIE)
in
June
2005,
and
PCIEassigned
OPM
IGto
perform
an
investigation
intothe
matter.
As
you
of
courseknow,
in2008
PCIE
became
part
of
theCouncil
of
the
InspectorsGeneral
on
Integrity
and
Efficiency
(CIGIE).This
complaint
is
therefore
nowunderCIGIE’s
purview.
Exhibit
1
(Letterfrom
P.
Marshall
to
D.
Katz
(Oct.
17,
2005),
acknowledgingreferral
fromPCIE).Our
clientsinclude
the
Government
AccountabilityProject
(GAP),which
seeks
to
protect
the
rights
of
government
whistleblowers;
the
Project
on
Government
Oversight
(POGO),
which
investigates
corruption
and
other
misconduct
in
order
to
ensure
a
more
accountable
and
ethical
federalgovernment;
and
Public
Employees
for
EnvironmentalResponsibility(PEER),
which
seeks
to
protect
the
rights
of
public
employees
whoblow
the
whistle
on
environmental
abuses.
Ourclients
also
includeseveralformer
OSC
employees.
1718
CoNNEcTIcuT
AvENuE,NW
SIXTHFLOORWASHINGTON,
DC
20009
WWW.KMBLEGAL.COM
I
(T)
202.299.1140
I
(F)
202.299.1148
 
KATZ,
MARSHALL
&
BANKS,
Hon.
Phyllis
K.
Fong
October
31,
2011
Page
3
employees.
Even
one
of
Mr.
Bloch’s
top
deputies,JamesByrne,
in
announcing
his
resignation
in
2008,
concludedthat
“the
independence
and
veryexistence
of
theOffice
of
Special
Counsel
are
andshall
remain
at
risk”because
of
Mr.
Bloch’s
“political
agendas
and
personalvendettas”
as
alleged
in
ourclients’
complaint.
Thelack
of
a
final
resolution
fromOPM
IG
thusharmsnot
only
the
specific
complainants
in
that
case,
buthinders
the
public’s
understanding
of
what
the
government
has
done
to
appropriately
address
these
serious
issues
of
widespread
publicconcern.
As
the
Supreme
Court
andthefederal
Courts
of
Appeal
havelong
recognized,
“justice
delayed
is
justice
denied.”
Rohr
Indus.,
Inc.
v.
Washington
Metro.
Area
Transit
Auth.,
720
F.2d
1319,1327(D.C.Cir.1983);
accord
Guardians
Ass’n
v.
Civil
Serv.
Comm’n
of
City
of
New
York,
463
U.S.582,627
(1983).
Six
and
a
half
years
is
fartoolong
to
wait
for
the
results
of
thisimportantinvestigation,
especiallyconsidering
thatthe
investigationactually
concluded
nearly
fouryears
ago.
We
respectfully
request
that
CIGIE
compel
OPM
IG
to
promptly
release
the
results
of
its
investigation.
We
appreciate
your
prompt
efforts
to
helpbringour
clients’long
wait
for
justice
to
anend.
We
look
forward
to
hearingfrom
you.
Sincerely,
Debra
S.
Katz
7C
Avi
Kumin
Attorneys
forOSC
Complainants
Enclosures
cc:
(w/o
attachments)
Patrick
E.
McFarland,
Inspector
General,
U.S.
Office
of
Personnel
Management
CarolynLerner,
SpecialCounsel,
U.S.
Office
of
SpecialCounsel
KathrynRuemmler,
Esquire,
White
House
Counsel
Sen.
Joseph
Lieberman,
Chairman,
Senate
Homeland
Security
and
Governmental
AffairsCommittee
Sen.
Susan
Collins,Ranking
Member,
Senate
Homeland
Security
and
GovernmentalAffairs
Committee
1718
CoNNEcTICUT
AvENUE,
NW
SIXTH
FL00R•
WASHINGTON,
DC
20009•
WWW.KMBLEGAL.COM•
(T)
202.299.1140
(F)
202.299.1148

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