U.S. OFFICE OF SPECIAL COUNSEL CHARGES THE DEPARTMENT OF INTERIOR WITH VIOLATION OF FIRST AMENDMENT

FOR IMMEDIATE RELEASE - 10/19/99
CONTACT: JANE MCFARLAND
(202) 653-7984      

    Today, the U.S. Office of Special Counsel (OSC), petitioned the Merit Systems Protection Board (MSPB) for corrective action on behalf of Mr. Deane H. Zeller for violation of his First Amendment rights by the Bureau of Land Management (BLM), Department of Interior.

    OSC’s petition alleges that Mr. Zeller was reprimanded and then reassigned to a non-supervisory position based upon the views he expressed in a letter to the editor that he had written to Government Executive magazine. Mr. Zeller’s letter responded to an article on affirmative action in the federal government, which highlighted the opinions of a high-ranking Bureau official. In his letter, Mr. Zeller was critical of BLM’s affirmative action policies. 

    Mr. Zeller’s letter was published in July 1996 and the magazine identified him as “Deane H. Zeller, District Manager, Salt Lake City District, Bureau of Land Management, Interior Department.” Approximately one month later, Mr. Zeller was issued a Letter of Reprimand (LOR) for “using [his] official title in [his] private capacity and in doing so, making statements contrary to Bureau policy.”

    In September 1996, the BLM Director sent a memorandum to all employees taking issue with the views expressed by Mr. Zeller in his letter to the editor. The BLM Director attached a copy of his own letter to Government Executive magazine that was subsequently published in November 1996. 

    In January 1997, BLM informed Mr. Zeller that it was permanently reassigning him from his supervisory position. At that time, according to OSC’s petition, BLM officials made several verbal references to Mr. Zeller’s letter to the editor as a basis for the reassignment. OSC’s petition alleges that despite requests made during its investigation, the Bureau never produced any documents that supported a basis for Mr. Zeller’s discipline and reassignment, other than his letter to the editor. 

    OSC’s petition seeks a retraction of the reprimand and restoration of Mr. Zeller to his former position or an equivalent one.

    The U.S. Office of Special Counsel provides an independent avenue to protect merit system principles in federal government. OSC receives, investigates and prosecutes before the MSPB; allegations concerning the commission of prohibited personnel practices. Title 5, U.S.C., provides, “[a]ll employees and job applicants should be treated in a fair and non-discriminatory way, with proper regard for their privacy and constitutional rights.” 

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