In July, we blogged about a short item in the latest State/OIG Semi-Annual Report to Congress that indicates it substantiated an allegation of a security clearance revocation in retaliation for an employee’s whistleblowing activity under PPD-19. State/OIG recommended that the whistleblower’s security clearance be reinstated. See State/OIG Finds @StateDept Revoked Security Clearance in Retaliation For Whistleblowing
On July 20, 2018, an unclassified memo jointly signed by Deputy Secretary John Sullivan and State/OIG Steve Linick was released by the Deputy Secretary’s office (with a Whistleblower Info flyer). The memo says in part:
Whistleblowers perform a critically important service to the Department of State and to the public when they disclose fraud, waste, and abuse. The Department is committed to protecting all personnel against reprisal for whistleblowing.
The attached memorandum describes how to make a whistleblowing disclosure and the legal protections that exist for whistleblowers, including Foreign and Civil Service employees and employees of Department contractors and grantees. The memorandum also describes how to file a complaint if you believe you have been subject to improper retaliation.
The memo also identifies the Whistleblower Ombudsman for the State Department as Jeff McDermott:
The Whistleblower Protection Enhancement Act of 2012 requires Inspectors General to designate a Whistleblower Protection Ombudsman. Jeff McDermott has been designated as the Whistleblower Ombudsman for the Department. He is available to discuss the protections against retaliation and how to make a protected disclosure, but he cannot act as your legal representative or advocate. You may contact him atWPEAOmbuds@stateoig.gov.
The memo concludes with a reminder that State Department employees “have a right” to communicate directly with the OIG, and provides contact details:
Remember that Department employees always have a right to communicate directly with OIG. The OIG hotline number is 800-409-9926, and the hotline website is https://oig.state.gov/hotline. OIG’s main website is https://oig.state.gov/.
We suspect that this memo may have been prompted by the IG report to the Congress that an employee had his/her security clearance revoked in retaliation for whistleblowing.
So we wrote to the Whistleblower Ombudsman Jeff McDermott with our congratulations, and, of course to ask a couple of simple questions:
Citing the Sullivan-Linick memo, we asked how is this going to discourage retaliation on whistleblowers when we don’t know what consequences officials face when they are the perpetrators of such retaliation?
Given the latest example of an employee whose security clearance was revoked in retaliation for whistleblowing, we asked if anyone at the State Department has disciplined for doing so?
Since we did not get a response from the Whistleblower Ombudsman, we asked State/OIG for comment last month and was told the following:
Please note that there are different disclosure and review processes for contractor and employee whistleblower retaliation allegations. There is also a different review process for allegations of whistleblower retaliation in the form of actions that have affected an employee’s security clearance. OIG primarily reviews contractor whistleblower and security clearance retaliation allegations, while the Office of Special Counsel generally reviews employee retaliation allegations.
Congress enacted a new provision last year that requires an agency to suspend for at least 3 days a supervisor found to have engaged in a prohibited personnel practice, such as whistleblower retaliation, and to propose removal of a supervisor for the second prohibited personnel practice. OIG believes that these new provisions will demonstrate that there are serious consequences for whistleblower retaliation.
The case you are referring to is a retaliatory security clearance revocation case, and the decision about what action to take has not yet been determined by the Department.
- Rainey v. @StateDept: Attention Whistleblowers — Rules and Regs Are Not Laws
- State OIG Appoints Whistleblower Ombudsman, Releases “Know Your Rights” Video
- State/OIG Finds @StateDept Revoked Security Clearance in Retaliation For Whistleblowing