(o)571-277-3265
(FX) 703-780-1434
dbnesq1@aol.com
November 12, 2009
As a former White House ethics counsel, I compliment you on your nomination of Susan Grundman to the Merit Systems Protection Board (MSPB). She is the first nominee during MSPB confirmation proceedings to pledge to enforce the plain meaning of the Civil Service Reform Act of 1978 so as to conduct studies regarding Office of Special Counsel compliance.
I seek to the be the first nominee as Special Counsel to pledge in confirmation proceedings to report to federal agency heads the results of OSC investigations as to whether specific allegations of prohibited personnel practice are or are not substantiated. Like that of your nominee Susan Grundman, my promise is also justified under the plain meaning of the CSRA of 1978 and 5 U.S.C.1214 (e) in particular.
Ms. Grundman and I promise literal enforcement of the CSRA. This is stark contrast with that failure of the previous administration to enforce the law in this regard.
I applaud your campaign promise to strengthen whistleblower protections and extend jury trial protections under Whistleblower Protection Enhancement Act. I also strongly recommend that jury trials be extended to all federal employees, including national security personnel.
Moreover, under 5 U.S.C. 1216(a), the Office of Special Counsel has had the affirmative duty to make a determination whether or not to report a needed "corrective action" when violations of law are found. From 50,000 complaints alleging 100,000 violations of law, OSC has recommended corrective action no more than two hundred times (.02 of one percent) in the last three decades.
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