The OSC said it intends to make the changes effective in October, with further details to be announced in the interim. Image: Lightspring/Shutterstock.com
By: FEDweek StaffThe Office of Special Counsel says it intends to make several changes to the process of reviewing and potentially prosecuting allegations of prohibited personnel actions against federal employees—such as reprisal against whistleblowers—including public posting of information while the process is ongoing.
“These proposed updates are intended to fulfill Congressional directives, hasten agency accountability and mistake-fixing, and provide greater transparency to whistleblowers, Congress, agencies and other stakeholders, and the public,” it said in announcing the planned changes.
For example, where the OSC concluded there is a “substantial likelihood” of agency misconduct or mismanagement and the agency does not respond within 60 days, the OSC would post on its website a summary of the allegations, so long as the whistleblower consents and it would not interfere with an investigation.
“While Congress allows the Special Counsel to grant a time extension, the intent is clear: Congress wants agency responses quickly. Summaries of the allegation are a reasonable interim step when agencies do not meet the 60-day timetable,” it said. Where an agency does respond to the findings, the OSC would require an affirmation that the response has been reviewed by the agency head as the law requires.
Similarly, the OSC could publicly post a summary of the allegations when it has concluded that a prohibited personnel practice such as retaliation has occurred or likely occurred and the agency did not “take corrective action in a timely fashion.”
That would “encourage efficient resolution, providing more timely relief to federal employees and reducing costs to taxpayers. It also provides transparency in instances of agency recalcitrance to providing necessary or reasonable relief,” it said.
The OSC said it intends to make the changes effective in October, with further details to be announced in the interim.
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