TOPICS
TOPICS
Hatching Bias
The Office of Special Counsel has been accused of political bias in enforcing the 1939 Hatch Act.
Amendments to a complaint filed against Special Counsel Scott J. Bloch in early March allege that OSC took no action on a complaint regarding then-National Security Adviser Condoleezza Rice's use of government funds to travel in the weeks before the 2004 presidential election, but vigorously pursued allegations against Democratic nominee Sen. John Kerry's visit to the Kennedy Space Center in Florida.
OSC refused to comment on the new allegations, but has stated previously that the allegations are "old and have been previously addressed."
Three nonprofit whistleblower protection groups - the Government Accountability Project, Public Employees for Environmental Responsibility and the Project on Government Oversight - and anonymous career OSC employees filed the initial complaint March 3, listing a series of prohibited personnel practices and violations of civil service laws by Bloch.
The politicization allegations stem from Bloch's decision to have a group of lawyers report to a political deputy rather than a career senior executive. The complaint states that OSC has pursued trivial matters without regard to political affiliation - such as the distribution of electronic mail - but has not evenly handled higher profile cases.
A complaint filed by Rep. John Conyers, D-Mich., on Oct. 21, 2004, regarding Rice's use of government funds to travel around the country weeks before the 2004 election making speeches, accuses the former national security adviser of violating the Hatch Act. According to the complaint, Deputy Special Counsel James Renne, a political appointee, assigned himself the complaint and did not investigate it until after the election.
The complaint filed against Kerry involved a visit to the Kennedy Space Center - best known for producing the "bunny suit" photo of Kerry climbing out of a NASA shuttle wearing an environmental suit - which alleged a violation of the Hatch Act's prohibition against campaigning in the federal workplace.
According to the complaint, Bloch and Renne referred the Kerry complaint to the career staff and ordered an on-site investigation within days after the incident.
The amendment also states that two employees who refused to relocate as part of the agency's reorganization plan, but did not seek legal assistance or condemn the relocations as illegal, have been asked to remain at the agency's Washington, D.C., headquarters. Seven other OSC employees who were ordered to relocate decided to leave the agency rather than accept a transfer.
Bloch also kept employees from positions for which they were qualified, according to the complaint, and threatened to take further action against staff members who did not willingly relocate, including hastening the deadline for them to move.
Other new complaints include one of religious discrimination by Bloch for closing the office early on Good Friday and allowing for paid leave while not doing the same for Jewish, Muslim or other non-Christian religious holidays. The complaint states that Bloch scheduled a mandatory retreat for senior managers during the first days of Passover.
OSC spokeswoman Cathy Deeds said that reports by The Wall Street Journal that the FBI is investigating the complaint are false and that the President's Council on Integrity and Efficiency is handling the investigation with staff from other inspector general offices and law enforcement agencies.
Lacking License
A second unlicensed Justice Department lawyer worked on settling racial discrimination cases between black farmers and the Agriculture Department, according to a public-interest advocacy organization.
Michael Sitcov, assistant director in the Federal Programs Branch of Justice's Civil Division, is facing an Office of Professional Responsibility investigation for practicing law without a license for two years, according to a recent letter to Rep. Steve Chabot, R-Ohio, chairman of the House Judiciary Subcommittee on the Constitution.
According to the Environmental Working Group, records show that Sitcov billed more than 1,096 hours on the Pigford v. Veneman class action lawsuit, including 389 hours after he stopped paying dues that resulted in the suspension of his law license from the District of Columbia Bar from Oct. 1, 2002, through Nov. 7, 2004.
Sitcov filed a lawsuit in the Court of Appeals for the District of Columbia Circuit in order to have his license reinstated retroactively, and the bar has temporary granted him retroactive reinstatement pending the outcome of an April 14 hearing.
The subcommittee has held three hearings since Sept. 28, 2004, investigating why hearings or relief under the settlement were denied to tens of thousands of black farmers.
In December 2004, it was discovered that an unlicensed lawyer, Margaret O'Shea, had worked on the landmark case.
The Environmental Working Group and the National Black Farmers Association have asked that all cases that Sitcov and O'Shea worked on be reopened.
Post a Comment
To post a comment, you must provide a name and a valid e-mail address. Messages must be limited to 400 words. By using this Service you agree not to post material that is obscene, harassing, defamatory, or otherwise objectionable. Although Government Executive does not monitor comments posted to this site (and has no obligation to), it reserves the right to delete, edit, or move any material that it deems to be in violation of this rule.