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Gmail - RE_ MISC_WB Conference_HHS

Gmail - RE_ MISC_WB Conference_HHS

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Published by: MSPBWatch on Jun 07, 2012
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David Pardo <dpardo220@gmail.com>
RE: MISC/WB conference/HHS
evy brown
<eb4justice@gmail.com>Tue, May 8, 2012 at 6:24 PMTo: David Pardo <dpardo220@gmail.com>Cc: Tom Devine <tomd@whistleblower.org>, Shanna Devine <shannad@whistleblower.org>This got hot because David & I worked so very hard trying to revitalize MISC and rallying support for passage of the WPEA only to be treated like cold sores on prom night.We deserved a hand up not a smack down on the HHS matter.On Tue, May 8, 2012 at 2:02 PM, David Pardo <dpardo220@gmail.com> wrote:Re SJ: After reading Kohn's latest description of what SJ would do on Evy's blog recently, I disagree it's 100%semantic. In our 3 way call last week, you characterized it as an arcane issue that only 3 groups care about.Maybe it's arcane, like IRA stay requests at MSPB using substantial likelihood standard, but it's a critical,structural issue that can result in a lot of suffering for years down the line. I want the community to have adiscussion about it. When you told me that if No Fear et al oppose WPEA, you would try to discredit them.That was shocking and chilling, in that "if this is what you do to them, what about when it's my turn to object?"Hence my working to enfranchise the community to prevent a bottleneck at the MISC SC level.Re hoarding information: I have no idea what happens in Congress because we're not privy to those discussionunless you volunteer. We don't know who the bottlenecks there are, the holdouts, and if some grassrootspressure could help before the last minute. I note that last year, NWC used grassroots tactics to strip S. 743of the de minimis violation, which GAP applauded, but only after it was minimized by GAP during S. 372crunch time. So "irrational political opposition" is no excuse if grassroots are not empowered to combat it. Sofar, only on GAP's terms.Re playing games with activists: wanting to discredit No Fear coalition, gloating to Kohn at how he got rolled inDec. 2010 for coming out against S. 372 and facing an angry mob and was distracted from lobbying Congress.Yes, I had a hand in that, but it was 3 months after getting fired. I regret it based on what I learned since then.But it did inure to your benefit. Not again.There is still time to work together, but please respect me and other activists as human beings and recognizeour right to make up our own decisions, based on all available facts.On Tue, May 8, 2012 at 4:49 PM, Tom Devine <tomd@whistleblower.org> wrote:
Hi, I don’t know what you’re talking about re/”hoarding information and playing games with activists.”Could you have the courtesy to share what you’re accusing GAP of? Re/summary judgment – it just sohappens I’ve spent over a dozen hours of advocacy supporting the No Fear position. We got HouseJudiciary to agree to its removal from bill; then Issa put back in over my nonstop objections andwarnings that will haunt them. Then I got Issa to include the legislative history that Steve Kohnwanted and asked me to get if we couldn’t cut the provision out. What is your basis to say I’m“downplaying it”? I do disagree that it will changes losses to victories, but have been going all outbecause important to the community. As far as the provision making any difference in outcome of 
 
cases, I was adamantly opposed to MSJ authority as well until spent hours of homework and learnedthe change was almost 100% semantic. Maybe you’d be interested in going over the facts with me? I’m not open to and do have the time to be a punching bag for ignorant cheap shots. If you haveconcerns or questions on WPEA, just ask. Like all remedial bills that get a spotlight, there will be manyfrustrations and compromises that are irrationally political. Our job is to minimize that, but it’llhappen as sure as the sun rises and sets. If you think that fighting until we’re done, instead of quittingat individual frustrations is “using you,” then please drop out. I don’t want to use you, and you won’tbe effective. If we’re going to make a difference, we’ll have to be able to trust each other’s goodfaith and stamina in a marathon struggle. I hope we can be a team, because without WPEA gov’twbers don’t have a snowball’s chance in Heck of winning except through OSC/media support andpolitical victories. Even with it, there will be much more work to do before gov’t employees rights areon same level as corporate wbers. But without WPEA, there’s not a chance of legal rights beinganything more than their current stratus as a trap. If you want to stop attacking me/MISC/SC, etc. and get to work, let’s chat tomorrow about what needsto be done. If that’s not where you’re at, I’ll stop hoping for help.
From:
David Pardo [mailto:dpardo220@gmail.com]
Sent:
Tuesday, May 08, 2012 2:57 PM
To:
evy brown
Cc:
Tom Devine; Shanna Devine
Subject:
Re: MISC/WB conference/HHS
 Tom,Let's drop the pretense. MISC needs to open up. I won't let myself or the community be used to shepherd abill that is imperfect at best. No, GAP hasn't done everything it could to get the best bill out there; not whenit's hoarding information and playing games with activists. NWC/No Fear is onto something re summary judgment, but you downplay it. I will help get the bill to conference but if I believe it's flawed AND the processgetting there was flawed, I won't hesitate to come out against it. Even if you attempt to discredit me.DavidOn Tue, May 8, 2012 at 2:51 PM, evy brown <eb4justice@gmail.com> wrote:Tom,I am furious with the way the Steering Committee is behaving. How dare POGO print this story providingzero recognition to the advocates who came up with the idea to review litigation costs and attorney fees.http://pogoblog.typepad.com/pogo/2012/05/to-the-victor-go-the-spoils-usda-interior-and-attorney-fee-awards.htmlIt was David's idea after he read a story I did on California State University. That story raised manyquestions which you and I discussed. David and I have been covering this situation and the failure of agencies to file reports to Congress since April.
 
http://whistlewatch.org/2012/04/california-state-university-fails-to-protect-whistleblowers-who-report-fraud-senator-leland-yee-sponsors-new-whistleblower-bill/http://whistlewatch.org/2012/04/whistlewatch-org-advocates-public-seek-to-know-federal-govt-waste-to-retaliate-against-whistleblowers/ Any professional would give credit where credit is due! I'm appalled the members of MISC, especially thoseon the Steering Committee are plagiarizing ideas with impunity and refusing to acknowledge colleagues hardwork.EvyOn Tue, May 8, 2012 at 11:11 AM, evy brown <eb4justice@gmail.com> wrote:Hi Tom,I'm running off to a meeting...most pressing right now...in caps for emphasis.HHS NOT FILING NO FEAR ACT REPORTS UNDER SECTION 203.Millions is being dumped into the Judgment Fund yet no one cares? GAP is missing both an opportunity tocollaborate and join the effort to find out how many agencies violated this section of the law. With theconference looming...why the lack of interest?Best,Evy On Tue, May 8, 2012 at 11:10 AM, Tom Devine <tomd@whistleblower.org> wrote:
Hi, Just back in town from a five day family holiday and catching up. I’d suggest you write to Mikedirectly (or call:870-543-0024) re/getting prior approval to use your names. I made a complaint likethat re/GAP; and he apologized/backed off. Coordination is a challenge for all of us, but Mike is asuper good egg who’s deeply committed to advancing all our values (and was a wber like you both).GAP hasn’t made any decisions or commitments about $ and conference endorsements. I’m trying topin down that will support, or at least not oppose WPEA, before I finalize my commitment toparticipate as an individual. Mike has rewassured me of No Fear commitment not to oppose WPEA,but I want to firm up. With those qualifiers, timing makes the conference a badly-needed, invaluable opportunity to boostour work. With bill passing Senate the House should be in midst of showdown that will determine if national security rights remain intact, and “update amendments” (i.e., savings provision; PHSloophole; MacLean/CUI fix) get added before bill goes to House floor. We don’t really have the luxuryto waste any opportunities, especially at a moment of truth for our entire effort. So I’m going to domy best at consensus building, and recommend that perspective to everyone! 

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