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Possible FAA Hatch Act Violation

Possible FAA Hatch Act Violation

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Published by MSPBWatch
Carolyn Lerner, FAA, Federal Aviation Administration, Hatch Act, John Hickey, Office of Special Counsel, OSC
Carolyn Lerner, FAA, Federal Aviation Administration, Hatch Act, John Hickey, Office of Special Counsel, OSC

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Categories:Types, Letters
Published by: MSPBWatch on Jun 04, 2012
Copyright:Attribution Non-commercial


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David Pardo <dpardo220@gmail.com>
Hatch Act
Ed Jeszka
<dh125@bellsouth.net>Mon, Jun 4, 2012 at 12:39 PMReply-To: fwa-faa@googlegroups.comTo: "Carolyn N. Lerner, Chief Counsel, OSC" <clerner@osc.gov>, "Catherine McMullen, Chief, Disclosure Unit, U. S.OSC" <CMcMullen@osc.gov>, "Jason Zuckerman, OSC" <jzuckerman@osc.gov>, "Karen Gorman, Deputy Chief,Disclosure Unit, U. S. OSC" <kgorman@osc.gov>Cc: "Ray LaHood, Secretary of Transportation" <ray.lahood@dot.gov>, "Scott Harding, Senior Investigator, DOT-OIG"<Scott.V.Harding@oig.dot.gov>, "Michael Huerta, Acting Administrator, FAA" <michael.huerta@faa.gov>, "ClayFoushee, FAA AAE" <Clay.Foushee@faa.gov>, "Inspector General Calvin L. Scovel" <Calvin.Scovel@oig.dot.gov>,"Bailey Edwards , Office of Congressman Mica" <Bailey.Edwards@mail.house.gov>, "Andrew Newton, Office of Senator Shelby" <andrew_newton@shelby.senate.gov>, "Asst. Attorney General Lanny Breuer, Criminal Division,DOJ" <criminal.division@usdoj.gov>, "Bret Manley, Legislative Director, Office of Congressman J. Denham"<bret.manley@mail.house.gov>, "Carlton D. Richmond, DOT OIG" <Carlton.D.Richmond@oig.dot.gov>, "DavidGrizzle, FAA, Office of Chief Counsel, Chief Counsel" <David.Grizzle@faa.gov>, "Denean Bush, FAA AAE"<denean.bush@faa.gov>, "Fred Ferguson, Office of Congressman J. Chaffetz" <Fred.Ferguson@mail.house.gov>,"Heather Albert, Director, Complaint Center Operations, DOT-OIG" <Heather.Albert@oig.dot.gov>, "Ian Allen, Officeof Congressman Jason Chaffetz" <ian.allen@mail.house.gov>, "Glenn A. Fine, Inspector General DOJ"<inspector.general@usdoj.gov>, "Jared Young, Office of U. S. Senator James Inhofe"<jared_young@inhofe.senate.gov>, "John Allen,FAA" <john.allen@faa.gov>, "Jonathan H. Hayes, Office of U.S.Representative Steve Southerland, II" <Jonathan.Hayes@mail.house.gov>, "Justin Harding , Office of Congressman J.Chaffetz" <Justin.Harding@mail.house.gov>, "Kathryn A. Wolfe, POLITICO" <kwolfe@politico.com>, "Lisa S.Baccus, FAA Office of Chief Counsel, Manager, Ethics Staff" <lisa.baccus@faa.gov>, "Liz Lathrop, Office of U. S.Senator James Inhofe" <Liz_Lathrop@inhofe.senate.gov>, "Lou E. Dixon, DOT Assistant Inspector General for  Aviation" <Lou.E.Dixon@oig.dot.gov>, "Lynne Mueth, Office of Congressman Jerry F. Costello"<Lynne.Mueth@mail.house.gov>, "Marc L. Warren,FAA Asst. Chief Counsel" <marc.warren@faa.gov>, "MichaelStaley, Chief of Staff, Office of Rep. Spencer Bachus" <Michael.Staley@mail.house.gov>, "Peter J. Lynch, FAA Assistant Chief Counsel, Enforcement Division" <peter.lynch@faa.gov>, "Rob Kall, Editor-In-Chief, Op Ed News"<rob@opednews.com>, Senator Jay Rockefeller <senator@rockefeller.senate.gov>, Senator Jim DeMint<senator@demint.senate.gov>, Senator Kent Conrad <Senator@conrad.senate.gov>, Senator Leahy<senator_leahy@leahy.senate.gov>, Senator Richard Shelby <senator@shelby.senate.gov>, "Stephen Stock,Investigative Reporter, CBS" <sstock@cbs.com>, "Tanner Mitchell, Legislative Aid, Office of Congresson JasonChaffetz" <tanner.mitchell@mail.house.gov>, "Peggy.Gilligan, FAA" <Peggy.Gilligan@faa.gov>, "Elisa Beneze, U.S.Office of Special Counsel" <ebeneze@osc.gov>, "Tricia Russell, Office of Representative Steve Israel"<Tricia.Russell@mail.house.gov>, "Kathryn B. Thomson, FAA Chief Counsel" <Kathryn.Thomson@faa.gov>, FAAWhistleblowers Alliance <fwa-faa@googlegroups.com>, Jim Campbell ANN <campbelljim@bellsouth.net>
Dear Mrs. Lerner, During the last week of May of this year two senior FAA management employees traveled to a number of FAA offices in the field and basically told the employees they should vote for Mr. Obama for President in theupcoming election. Mr. Towles and Mr. Hickey apparently told a number of FAA employees during a tour they were on that the result of a republican president would be detrimental to their jobs. What I have been provided is the following:
Hickey took the opportunity to explain to the AFS and ACO employees the difference between votingfor a republican and a democrat this fall may affect their jobs. In a nutshell, the dems would providea flat budget and the repubs would cut it. Probably factual but is that an ethical way to address theemployees in a mandatory attendance meeting? 
This information was sent to DOT-OIG and because it wasn’t first party information it is not being addressed by Mr. Scott Harding’s office. When I was involved in Narcotics Investigations for the Narcotics StrikeForce we had some tools we used to investigate all information that we uncovered or were supplied. Usuallya drug dealer wouldn’t provide first hand information about potential drug deals that he was planning or involved in and were potentially going to take place. Many times that information was provided by sourcesthat had “heard” or seen evidence that a transaction was going to take place. We then usually started lookinginto the possible illegal acts to either authenticate the veracity of the information or determine it was invalid. The most important step was to begin to at least look into the claims. I find that Mr. Harding of the DOT-OIG has a different agenda. He has stated that because the information was not provided by a firsthandwitness he wouldn’t address it. If the DOT-OIG is working that diligently in not doing follow up on HatchAct violations as well as numerous other illegal acts provided to Mr. Harding (with hard evidence) it is nowonder that the FAA has been able to become an agency with no accountability for illegal, unethicalviolations that have become the norm. Mr. Harding could have taken the time to obtain the travel agenda of  both Hickey and Towles and then simply contacted a few lower ranking employees in each office forced tosit through this kind of illegal activity. It would have probably less than an hour. He most likely would havecontacted management employees in these offices who would have denied that this occurred at all. It is pretty humorous to see DOT-OIG in action. They work harder at not determining and then hiding wrongdoing then finding the truth and proceeding from there. As an outsider, not one of the first hand witnesses, I guess my opinion means little. The laws aren’t made for the FAA administration. But it is now my understanding that this has become a formal issue as “First Hand”witnesses may have filed complaints. I am looking into that aspect of this matter to see if possibly the DOT-OIG should be closed as being ineffective under its present leadership. That would save the taxpayers asubstantial amount of money. It will be very surprising to see formal complaints on this issue as the retaliation from FAA management thatusually results from whistleblowing within the FAA has kept disclosures at a minimum. The position thatinformation turned into Clay Foushee and that he decides not to pursue is then available to all the accusedoffices has put a damper on this very important avenue to uncover various misconduct within the FAA. 

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