Under 5 U.S.C. 1204, the MSPB has the affirmative duty to ensure that OSC performs its mission under the Civil Service Reform Act of 1978. Your nominee Susan Grundman and I will enforce vigorously the CSRA of 1978 in its entirety to protect federal workers.
I am concerned that real harm to the rule of law and national security has occurred over the last thirty years because of the failure of OSC and MSPB to enforce the plain meaning of all CSRA provisions. The U.S. Office of Special Counsel is the primary protector of federal workers from prohibited personnel practices (PPP's) within the meaning of 5 U.S.C.2302 (b) . OSC is also entrusted to ensure merit protection in the federal workforce under 5 U.S.C. 2301.
The current acting Special Counsel, William Reukauf, supports the false view only recently raised that 5 U.S.C. Section 1214(e) does not apply to the "laws, rules and practices under its (OSC) jurisdiction." Contrary to the court opinion in Weber v. Dept. of Army, 209 F.3d 736 (D.C. Cir. 2000), OSC has arrogantly and falsely opined that OSC is not subject to federal court review regarding any complaint in which OSC declares that it has "no jurisdiction."
The MSPB during the Bush Administration arrogantly failed to enforce the rule of Carol Czarkowski v. Dept. of Navy, 390 F.3d 1347 (2004) that the Board has jurisdiction over all federal agencies such as the military branches unless the president expressly has exempted such agency. For instance, unless a part of the Intelligence and Security Command (INSCOM) of the U.S. Army is CIA funded and controlled, INSCOM cannot assert that the existing CIA exemption from Board oversight includes itself.
I recognize the affirmative duty for OSC to report under 5 U.S.C. 2302(c) whenever "there is reasonable cause to believe" that a violation of law has occurred. The record reflects that OSC over the last thirty years has "investigated" 50,000 complaints alleging 100,000 violations of law but has failed to find a single violation of law to make a permanent and publicly available report under 5 U.S.C. 1219 (a) (3).
Mr. Reukauf supports the recently asserted false view that he only has to inform an agency head when OSC exercises "discretion" to determine whether the violation of law "requires corrective action." Congress wants all of its laws to be enforced by law enforcement agencies. A Senate confirmed Special Counsel is needed soon to succeed Mr. Reukauf as Special Counsel if he is not removed sooner.
The CSRA of 1978 established OSC as a federal law enforcement agency with a defined mission under statute to protect federal workers from prohibited personnel practices and other violations of law. Under 5 U.S.C. 1204(a) (3), the MSPB is to perform "special studies" to ensure OSC compliance.
The current failure of the MSPB to report to the President and Congress the ongoing failure to protect federal employees from threats, adverse actions, and other prohibited personnel practices should not be allowed to continue in the Obama Administration.
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