GovernmentExecutive.com

The Interior Department has re-imposed a gag order on embattled U.S. Park Police Chief Teresa Chambers, her lawyers said this week.

Lawyers for Chambers said an Interior Department solicitor said Monday that she must receive permission from the park service's deputy director, Don Murphy, before doing media interviews. She had given interviews recently under the impression that she was free to speak as long as she did not talk about the merits of her case or act as a spokesperson for the Park Police, her lawyers said.

Chambers was placed under a gag order and put on administrative in early December after she publicly said that her agency faced serious budget and personnel shortfalls. 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 challenged the charges, and her case is being reviewed by the Office of Special Counsel. Chambers' supporters, including a few members of Congress, have condemned the Park Service for reprimanding a high-level manager for speaking publicly about problems.

The notification this week came as a shock, said Jeff Ruch, executive director of Public Employees for Environmental Responsibility, which is part of her legal team.

"We don't think it's enforceable, but at the moment we don't want to open up another legal front when she already has her plate full with what has already happened," Ruch said. "At the moment, we are just sort of letting them gag on their own gag."

He said Chambers could conceivably be charged with insubordination if she violates the gag order.

Calls to the Interior Department on Thursday for comment were not returned.

High Standards

In late September 2001, Kenneth Carlton, a federal law enforcement officer, attacked his wife. He allegedly threw a vase at her, forced her to the floor, choked her, aimed a gun at her and later pointed the gun at himself.

The Justice Department fired Carlton the next fall for criminal behavior, conduct unbecoming a deputy U.S. marshal and "lack of candor." Meanwhile, in an outside court, he pled guilty to criminal possession of a weapon and received three years of probation.

Carlton challenged Justice's decision to fire him, claiming his behavior outside of work had no impact on his job performance, and arguing that the agency imposed an unduly harsh penalty. An administrative judge sided partly with Carlton, ordering the department to reassign him to a non-law-enforcement position at the same grade level (GS-12) rather than fire him.

Justice appealed that order to the Merit Systems Protection Board, and in a March 25 ruling, the board affirmed the department's original decision to fire Carlton. "[His] misconduct was serious and raises serious concerns about his lack of judgment and impulse control and his ability to perform the duties of his position," the board decided.

Deputy U.S. marshals, responsible for court security, prisoner transport and other law enforcement activities, must meet a "higher standard of conduct" than most other government employees, the MSPB noted. In light of lies the board said that Carlton told Justice after the attack on his wife (who later divorced him), the department "understandably has concerns about its ability to trust and have confidence in him," the board added.

Carlton asked the MSPB to consider several factors supporting the mitigation of his punishment, including his record of satisfactory job performance, lack of other disciplinary incidents, and adherence to the terms of his parole. But those factors do not "warrant mitigation in light of the nature and seriousness of the misconduct," the board ruled.

Kenneth L. Carlton v. Justice Department, Merit Systems Protection Board (NY-0752-03-0110-I-1), March 25, 2004