GovernmentExecutive.com

The Office of Special Counsel has agreed to investigate whether Park Police Chief Teresa Chambers was retaliated against for making public comments about problems within her agency.

In a Feb. 11 letter to one of Chambers' lawyers, the OSC said "reasonable grounds exist" to refer the case for further investigation. The agency has not decided yet if it will order the National Park Service, which governs the Park Police, to reinstate Chambers while the investigation proceeds.

"In accepting jurisdiction over the case, [OSC] has found that, as a matter of law, statements by Chief Chambers to both Congress and the media fall within the Whistleblower Protection Act and other free speech laws," lawyers for Chambers said.

Chambers was placed under a gag order and put on administrative leave with pay after she told The Washington Post that her agency faced serious budget and personnel shortfalls.

Park Service Deputy Director Donald Murphy charged Chambers with improper budget communications, making public remarks regarding security on federal property, improper disclosure of budget deliberations, improper lobbying, failure to carry out a supervisor's instructions, and failure to follow the chain of command.

Chambers contested the charges, but Paul Hoffman, the Interior Department's deputy assistant secretary for Fish, Wildlife and Parks, has yet to issue a decision.

If OSC finds that Murphy illegally retaliated against Chambers, the agency can have Chambers reinstated and bring disciplinary action against Murphy for taking a prohibited personnel action.

Costly Advice

The Defense Department does not have to reimburse civilian employees stationed abroad for trips to attend relatives' funeral services, the Board of Contract Appeals decided recently.

In April 2003, the Air Force gave Lana Reaves, a civilian stationed in Korea, permission to return to the United States to attend a family member's funeral. When Reaves asked the Defense Department's transportation office for airline tickets, employees there explained that they do not handle tickets for civilians, and directed her to the department's international tour and travel office.

An agent there told Reaves to buy round-trip plane tickets for herself and her husband using her government charge card, and assured her that the Defense Department would cover the expense.

But when Reaves submitted a claim for the tickets and other expenses associated with the trip, Defense turned down her claim. Under the Joint Travel Regulations, Defense does not have to pay for civilians' personal trips, department officials argued.

The Board of Contract Appeals agreed with the Defense Department. "Although it is unfortunate that someone in a Defense travel office provided Reaves with incorrect information regarding the reimbursement of her expenses, erroneous advice does not permit [the department] to expend public funds contrary to statute and regulation," the board concluded in a Jan. 21 ruling.

Lana J. Reaves v. Air Force, General Services Administration Board of Contract Appeals (16237-TRAV), Jan. 21, 2004

COMMENTS

• It is regrettable that someone provided erroneous information (imagine that) but the bottom line is, had they been informed correctly, that they would have had to pay for the tickets anyway not the government. DDF Posted February 23, 2004 1:28 PM
• If the travel person provides incorrect information that results in a cost to the individual, the person providing the information should be disiplined and made to pay the cost. In the meantime, because that person was the DoD representative for the situation, the DoD should pay the cost to the individual. DoD should then have to recover from the one that gave the advice. In my opinion the individual has to rely on the advice they are given by those involved in the process - what else can they do (send a letter to the Secy Def)? No one in government is held responsible for their actions because of this kind of ruling! GovExec.com reader Posted February 20, 2004 7:07 AM