U.S. OFFICE OF SPECIAL COUNSEL ANNOUNCES CORRECTIVE AND
DISCIPLINARY ACTION SETTLEMENT IN WHISTLEBLOWER RETALIATION CASE
CONCERNING PUBLIC SAFETY
FOR IMMEDIATE RELEASE - 5/12/99
CONTACT: JANE MCFARLAND
(202) 653-7984
The U.S. Office of Special Counsel (OSC) today
announced the favorable settlement of two complaints filed with it by Mr.
Stephen Robinson and his wife, Amelia Bruno, longtime seasonal employees of
the National Park Service (NPS), against NPS. Mr. Robinson made protected
disclosures concerning tour boat safety at Crater Lake National Park in
Oregon. Mr. Robinson complained to OSC that the NPS had violated the
Whistleblower Protection Act when it failed to rehire him for seasonal
summer work at Crater Lake. His wife complained that she had also been
denied employment as a direct result of her husband’s disclosures.
Under the terms of the settlement, Mr. Robinson and Ms.
Bruno will receive full corrective action, including backpay, and the NPS
will suspend their former supervisor for thirty days. Prior to the
settlement, during OSC’s investigation into their allegations, the NPS
reassigned their former supervisor, the Park Superintendent, out of Crater
Lake Park.
Beginning in the summer of 1992 and continuing through
the summer of 1996, Mr. Robinson and Ms. Bruno held seasonal appointments at
Crater Lake, Oregon. In the summer of 1996, Mr. Robinson made protected
disclosures when he notified park officials and his Senator about safety
issues associated with Crater Lake’s tour boat operation. Mr. Robinson’s
concerns included insufficient training and lack of certification for boat
operators, lack of safety equipment, unreliability of boat engines and
improper operation of boats in inclement weather. When Mr. Robinson and Ms.
Bruno attempted to return to Crater Lake for the 1997 season, they were
unable to obtain employment at the park. They were again denied employment
at Crater Lake for the 1998 season.
Mr. Robinson and Ms. Bruno first contacted OSC in April
1997, alleging that because of Mr. Robinson’s protected whistleblower
disclosures, Crater Lake Park officials blacklisted them and denied them
employment and housing for the 1997 season. When OSC’s investigation
revealed strong evidence that Mr. Robinson and Ms. Bruno were denied
employment in retaliation for Mr. Robinson’s disclosures concerning the
safety of the tourist boats, the NPS fully cooperated with OSC in obtaining
corrective relief for them and the disciplinary action against their former
supervisor.
Special Counsel Elaine Kaplan said that she was pleased
by both the corrective and disciplinary remedies agreed to by the Park
Service. “The Park Service’s decision,” she said, “should send a
clear message to its employees that there’s a price to be paid for
retaliating against whistleblowers.” Kaplan said that “the offending
supervisor not only got transferred out of the park, but he will also serve
a suspension without pay.” Kaplan said she appreciated “the cooperation
of the Park Service in resolving this matter based upon OSC’s
investigative findings.”
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