The OSC first raised the issue last year when it reported that forms used by Justice and several other agencies were not in compliance. Image: JHVEPhoto/Shutterstock.com
By: FEDweek StaffAn inspector general audit has found that only three of 89 nondisclosure agreement-type forms applying to Justice Department employees fully comply with a requirement to inform employees that certain whistleblower protections still apply.
“It is important for employees to understand their right to report a violation of law, rule, regulation; gross mismanagement; a gross waste of funds; an abuse of authority; and a substantial and specific danger to public health or safety, as well as the protections they are afforded when they make such protected disclosures,” a report said.
The report is the latest in a series from agency IGs finding various agencies not in compliance with a requirement that any nondisclosure directive or other “gag order” type policy must include a notice that employees remain free to make whistleblowing disclosures to Congress, inspectors general or the Office of Special Counsel. The OSC under its then-leadership first raised the issue last year when it reported that forms used by Justice and several other agencies were not in compliance.
The IG added that while only three such forms across Justice Department components contained the currently required language, another 19 had prior versions—which did not specifically include the right to disclose information to the OSC—and during the review 14 were changed to meet current requirements.
“We believe the failure to include the WPEA-required statement is due to the lack of familiarity with the requirement, and also the lack of definitional clarity about what constitutes a nondisclosure policy, form, or agreement for purposes of the WPEA,” the report said.
Justice Department management agreed with recommendations to issue guidance for determining which types of documents are subject to the requirement and to require components to review their documents and revise them if needed.
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