Fedweek

Arbitrators used an inconsistent application of penalties as a basis for reducing penalties in a many cases. Image: Pamela Au/Shutterstock.com

Many CBP agents who participated in employee-only social media accounts containing racist and sexist images and statements ultimately received softer discipline that was originally recommended, according to a House report.

The report by the Oversight and Reform Committee criticizes the agency for “an inconsistent disciplinary process, a failure to train on and enforce social media policies, and senior leadership’s failure to take appropriate actions despite knowledge” of the accounts three years before they were publicly revealed in 2019. The accounts included images of dead migrants, sexually explicit images, and threatening language, some of which was directed at members of Congress.

It says that of the 60 agents that CBP determined had committed misconduct, two were removed, 43 were suspended without pay, 12 received letters of reprimand, three were issued alternate disciplinary actions such as a suspension with pay, 10 retired and 11 received corrective or non-disciplinary actions such as letters of caution.

“Documents obtained by the Committee reveal that CBP officials were given wide discretion to determine disciplinary penalties and that the penalties for similar instances of misconduct were inconsistent. Arbitrators used the inconsistent penalties as a basis for reducing penalties,” the report said. It said for example that although only two were fired, removal had been proposed for 24, while the 12 reprimands were 10 more than had been proposed.

It added that social media guidance was “not taken seriously, even by CBP management” at the time, noting that of 13 cases investigated internally before the sites became publicly known, one resulted only in a suspension of three days, eight only in written counseling or reprimands, and four were closed without action.

The report called the postings “antithetical to the CBP ethos and undermine the work carried out by dedicated CBP employees every day. Unfortunately, the agency failed to take adequate steps to prevent this conduct or impose consistent discipline on agents who engaged in it, creating a serious risk that this conduct could continue.”

It recommended that CBP renew leadership commitment and strengthen training against misconduct on social media; consider social media postings in screening job applicants and in considering current employees for promotion; and make social media misconduct disqualifying for working with migrants and children.

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