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| Sholeh Patrick |
Special counsel himself accountable
Special Counsel Scott Bloch's office was raided Tuesday by the FBI on suspicion of breaking some of the rules he's charged with enforcing.
The Office of Special Counsel is a politically independent, federal, investigative agency of prosecutors, governed by three federal statutes: the Civil Service Reform Act, the Whistleblower Protection Act, and the Hatch Act. All three fight and prevent corruption within government.
OSC's mission "protect(s) federal employees and applicants from prohibited personnel practices (PPPs), especially reprisal for whistleblowing." The "disclosure unit" receives allegations of PPPs -- typically from insiders -- and the 106 OSC employees investigate and prosecute violations. The OSC is headed by the Special Counsel, who is appointed by the president and confirmed by the Senate. Staff are primarily personnel management specialists, investigators and attorneys who work at the D.C. headquarters, or in the Dallas, San Francisco Bay, and Detroit field offices.
Federal employees are prohibited from the 12 practices listed in 5 USC 2302(b):
(1) Discrimination based on race, color, religion, sex, national origin, age, handicapping condition, marital status or political affiliation;
(2) Soliciting or considering employment recommendations based on factors other than personal knowledge or records of job-related abilities or characteristics;
(3) Coercing the political activity of any person;
(4) Deceiving or willfully obstructing anyone from competing for employment;
(5) Influence anyone to withdraw from competition for any position so as to improve or injure the employment prospects of any other person;
(6) Provide preference or advantage to anyone so as to improve or injure employment prospects of an employee or applicant;
(7) Nepotism
(8) Reprisal against whistleblowers
(9) Reprisal against an employee or applicant for exercising or assisting in an appeal, complaint or grievance right;
(10) Discrimination based on personal conduct which is not adverse to on-the-job performance;
(11) Taking or failing to take a personnel action which would violating a veterans' preference requirement;
(12) Take or fail to take a personnel action in violation of law concerning the statutory merit system.
Federal employees, from secretaries to the president himself, must comply with OSC investigations. The Special Counsel has the power of subpoena, requires formal written and oral testimony under oath, and may authorize disciplinary actions.
The irony of a free society is that accountability must have no limit or escape.
Sholeh Patrick is an attorney and a columnist for the Hagadone News Network. E-mail sholehjo@hotmail.com.
