[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR1800.1]
[Page 321-322]
TITLE 5--ADMINISTRATIVE PERSONNEL
CHAPTER VIII--OFFICE OF SPECIAL COUNSEL
PART 1800--FILING OF COMPLAINTS AND ALLEGATIONS--Table of Contents
Sec. 1800.1 Filing complaints of prohibited personnel practices or other prohibited activities.
(a) The Office of Special Counsel (OSC) has investigative
jurisdiction over the following prohibited personnel practices against
current or former Federal employees and applicants for Federal
employment:
(1) Discrimination, including discrimination based on marital status
or political affiliation (see Sec. 1810.1 of this chapter for
information about OSC's deferral policy);
(2) Soliciting or considering improper recommendations or statements
about individuals requesting, or under consideration for, personnel
actions;
(3) Coercing political activity, or engaging in reprisal for refusal
to engage in political activity;
(4) Deceiving or obstructing anyone with respect to competition for
employment;
(5) Influencing anyone to withdraw from competition to improve or
injure the employment prospects of another;
(6) Granting an unauthorized preference or advantage to improve or
injure the employment prospects of another;
(7) Nepotism;
(8) Reprisal for whistleblowing (whistleblowing is generally defined
as the disclosure of information about a Federal agency by an employee
or applicant who reasonably believes that the information shows a
violation of any law, rule, or regulation; gross mismanagement; gross
waste of funds; abuse of authority; or a substantial and specific danger
to public health or safety);
(9) Reprisal for:
(i) Exercising certain appeal rights;
(ii) Providing testimony or other assistance to persons exercising
appeal rights;
(iii) Cooperating with the Special Counsel or an Inspector General;
or
(iv) Refusing to obey an order that would require the violation of
law;
(10) Discrimination based on personal conduct not adverse to job
performance;
(11) Violation of a veterans' preference requirement; and
(12) Taking or failing to take a personnel action in violation of
any law, rule, or regulation implementing or directly concerning merit
system principles at 5 U.S.C. 2302(b)(1).
(b) OSC also has investigative jurisdiction over allegations of the
following prohibited activities:
(1) Violation of the Federal Hatch Act at title 5 of the U.S. Code,
chapter 73, subchapter III;
(2) Violation of the state and local Hatch Act at title 5 of the
U.S. Code, chapter 15;
(3) Arbitrary and capricious withholding of information prohibited
under the Freedom of Information Act at 5 U.S.C. 552 (except for certain
foreign and counterintelligence information);
(4) Activities prohibited by any civil service law, rule, or
regulation, including any activity relating to political intrusion in
personnel decisionmaking;
(5) Involvement by any employee in any prohibited discrimination
found by any court or appropriate administrative authority to have
occurred in the course of any personnel action (unless the Special
Counsel determines that the allegation may be resolved more
appropriately under an administrative appeals procedure); and
(6) Violation of uniformed services employment and reemployment
rights under 38 U.S.C. 4301, et seq.
(c) Complaints of prohibited personnel practices or other prohibited
activities within OSC's investigative jurisdiction should be sent to:
U.S. Office of Special Counsel, Complaints Examining Unit, 1730 M
Street, NW, Suite 201, Washington, DC 20036-4505.
(d) Complaints alleging a prohibited personnel practice, or a
prohibited activity other than a Hatch Act violation, must be submitted
on Form OSC-11 (``Complaint of Possible Prohibited Personnel Practice or
Other Prohibited Activity'').
[[Page 322]]
(1) The form includes a section (Part 2) that must be completed in
connection with allegations of reprisal for whistleblowing, including
identification of:
(i) Each disclosure involved;
(ii) The date of each disclosure;
(iii) The person to whom each disclosure was made; and
(iv) The type and date of any personnel action that occurred because
of each disclosure.
(2) If a complainant who has alleged reprisal for whistleblowing
seeks to supplement a pending OSC complaint by reporting a new
disclosure or personnel action, then, at OSC's discretion:
(i) The complainant will be required to document the disclosure or
personnel action in the Part 2 format, or
(ii) OSC will document the disclosure or personnel action in the
Part 2 format, a copy of which will be provided to the complainant upon
OSC's closure of the complaint.
(e) Form OSC-11 is available by writing to OSC at the address shown
in paragraph (c) of this section; by calling OSC at (1) (800) 872-9855;
or by printing the form from OSC's Web site (at http://www.osc.gov).
(f) Except for complaints alleging only a Hatch Act violation, OSC
will not process a complaint submitted in any format other than a
completed Form OSC-11. If a person uses a format other than the required
OSC form to file a complaint (other than a Hatch Act allegation), the
material received by OSC will be returned to the filer with a blank Form
OSC-11 to complete and return to OSC. The complaint will be considered
to be filed on the date on which OSC receives the completed Form OSC-11.
(g) Complaints alleging only a Hatch Act violation may be submitted
in any written form to the address shown in paragraph (c) of this
section, but should include:
(1) The name, mailing address, and telephone number(s) of the
complainant(s), and a time when the person(s) making the complaint(s)
can be safely contacted, unless the matter is submitted anonymously;
(2) The department or agency, location, and organizational unit
complained of; and
(3) A concise description of the actions complained about, names and
positions of employees who took these actions, if known to the
complainant, and dates, preferably in chronological order, together with
any documentary evidence the complainant may have.
[65 FR 64882, Oct. 31, 2000]