Lawsuit By GAP, OSC Whistleblowers and Good Government NGOs Validated

(Washington, DC) – The Office of Personnel Management (OPM) Office of Inspector General (OIG) substantially confirmed misconduct at the U.S. Office of Special Counsel (OSC) during the 2003-2008 term of Special Counsel Scott Bloch in a report released today. The OSC is responsible for defending the merit system generally in the federal workforce and for protecting whistleblowers. The report responds to a Whistleblower Protection Act (WPA) complaint filed eight years ago by a group of former career staff and a coalition of good government organizations, including the Government Accountability Project (GAP). Ironically, the lawsuit charged widespread violations of merit system principles, such as whistleblower retaliation, gag orders, buddy system hires, and purges of employees based on sexual preferences. In 2008, Mr. Bloch was forced to resign, and he subsequently was criminally convicted on obstruction of justice charges for mass destruction of evidence. In June, he was sentenced to one day in jail, a two-year probation, 200 hours of community service, and a fine of $5,000.

GAP Legal Director Tom Devine commented:

Mr. Bloch personifies the same abuses of power his office was charged with guarding against. He nearly destroyed the Office of Special Counsel, and another appointee like him may well have finished off the merit system.

Being diplomatic to a fault, the OIG’s vindication is long overdue. Mr. Bloch had to resign in disgrace five years ago, and was criminally convicted in 2010. There is no credible excuse to delay transparency and public accountability for Mr. Bloch’s illegal attacks on the same good government principles he was responsible to enforce.

The OIG said that it kept its findings secret at the Justice Department’s request so release would not interfere with criminal proceedings.

The OIG report confirmed that Mr. Bloch:

purged gay OSC employees through a pretextual reorganization, on grounds that he had a “license” to “ship [them] out…”;
made “buddy system” hires of managers, “none of whom possessed qualifications relevant to the position received”;
and engaged in widespread violations of merit system rules for federal hiring, including records to support personnel decisions.

The OIG rejected allegations of illegal gag orders, despite violation of mandatory congressional requirements to explicitly qualify their scope to prevent silencing whistleblowers; religious discrimination; and retaliation against employees who hired counsel to represent themselves against him. It said he was not responsible for mass closeout of hundreds of whistleblowing disclosures evidencing fraud, waste and abuse. Disregarding the principle that the buck stops with an organization’s leader, the OIG explained that the decision was made by Disclosure Unit leaders rather than Mr. Bloch. The Disclosure Unit has continued to be a magnet for controversy among whistleblowers since Mr. Bloch’s departure.

Devine added:

The good news is that the new Special Counsel, Carolyn Lerner, has made a 180 degree about face, reversing Mr. Bloch’s misconduct. Under Ms. Lerner, the OSC has become the pacesetter for good government leadership within government. She has rejected the past pattern of internal retaliation and external cover-up. She is constructively addressing whistleblowers’ frustrations about the Disclosure Unit. Now the OSC must have the financial resources necessary to continue its fight against bureaucratic abuses; It is time for Congress to provide positive reinforcement in the form of resources.

GAP noted that other NGOs in the lawsuit included the Project on Government Oversight (POGO) and Public Employees for Environmental Responsibility (PEER). Counsel for the action was Debra Katz from the law firm of Katz, Marshall & Banks.

Contact: Tom Devine, GAP Legal Director
Phone: 202.457.0034 ext. 124; cell 240.888.4080
Email: [email protected]

Government Accountability Project
The Government Accountability Project is the nation’s leading whistleblower protection organization. Through litigating whistleblower cases, publicizing concerns and developing legal reforms, GAP’s mission is to protect the public interest by promoting government and corporate accountability. Founded in 1977, GAP is a nonprofit, nonpartisan advocacy organization based in Washington, D.C.

###