Federal Manager's Daily Report

The Office of Special Counsel has announced the resolution of a prohibited personnel practice complaint filed against the US Election Assistance Commission.

It said it uncovered evidence hat the EAC illegally refused to approve a complainant’s appointment as general counsel after being selected by four EAC commissioners in 2008 — because he was a Republican.

According to OSC, shortly after the complainant was selected, two of the four EAC commissioners refused to approve the appointment once learning of the candidate’s off-the-job political activities or after receiving contacts about his appointment.

The same two commissioners objected that the complainant’s current employer was perceived as politicized or that he was a political appointee, OSC said, adding that while the complainant provided the EAC with additional references and information that the two opposed commissioners voted to disapprove his appointment.

OSC said it has negotiated an informal agreement between the complainant and the EAC, which did not admit fault in agreeing to a substantial monetary settlement to resolve the issue.