A manager who criticized his agency before Congress is fighting to avoid a demotion the executive claims was made in retaliation for his testimony.
Neil Jacobs, the assistant district director for investigations for the Immigration and Naturalization Service in Dallas, was demoted to a non-supervisory job in the Dallas regional office. The U.S. Office of Special Counsel, the independent organization that handles whistleblower complaints, is investigating Jacobs' claim that INS leaders demoted him because he criticized the agency to Congress.
Jacobs has been honored for his job performance several times over the years, including a Hammer Award from Vice President Al Gore's reinventing government office. He received an INS award for bravery and numerous outstanding annual performance ratings.
Then Jacobs wrote a letter to a congressional aide criticizing aspects of an INS citizenship program called "Citizenship USA." (See "The Politics of Citizenship," January 1997.) He then testified about possible fraud involving the Dallas office's processing of 10,000 naturalization applications before the House Government Reform and Oversight Subcommittee on National Security, International Affairs and Criminal Justice.
After Jacobs testified, the INS launched an investigation into five allegations about Jacobs' conduct. Based on their initial probe, INS leaders considered removing him from his job, but the Justice Department prevented the agency from doing so. After further investigation, INS gave Jacobs a 21-day suspension and a demotion for allegedly improperly giving out raises and for making inappropriate remarks.
Jacobs sought protection from the Office of Special Counsel, which is conducting an investigation of the INS' actions on his behalf. Last week, the Merit Systems Protection Board granted a 45-day stay of the demotion to allow the office to complete its work.
The Jacobs case is similar to that of State Department senior executive Linda Shenwick, who faces a transfer from New York to Washington, D.C. after making allegations to Congress and the media regarding wasteful spending by the United Nations. Senate Majority Leader Trent Lott, R-Miss., and other members of Congress are protesting the State Department's planned action against Shenwick.
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