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U.S. Office of Special Counsel
1730 M Street, N.W., Suite 218
Washington, D.C. 20036-4505
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U.S. OFFICE OF SPECIAL COUNSEL SEEKS CORRECTIVE ACTION IN PROHIBITED
PERSONNEL PRACTICES CASE AGAINST THE DEPARTMENT OF HOMELAND SECURITY
FOR IMMEDIATE RELEASE - 1/13/06
CONTACT: LOREN SMITH, 202-254-3714,
lsmith@osc.gov
WASHINGTON -- The U.S. Office of Special Counsel
(OSC) has filed a petition for corrective action with the Merit Systems
Protection Board (MSPB), against the United States Department of Homeland
Security (DHS). OSC’s petition, filed on January 9, 2006, alleges that the DHS
Office of Border Patrol (formerly the U.S. Border Patrol) violated 5 United
States Code (U.S.C.) § 2302(b)(6), when it granted an unauthorized preference
during competition for promotions to border patrol agent (BPA) Michael Knowles;
and 5 U.S.C. § 2302(b)(12) by assigning Mr. Knowles duties outside his position
of record and authorizing administratively uncontrollable overtime pay (AUO).
According to the complaint, Mr. Knowles has been assigned to work outside of his
position of record as a border patrol agent since approximately 1990, when he
was unofficially detailed from a GS-9 BPA position at the Laredo Sector North
Station and assigned to work exclusively on setting up computers and other
telecommunication equipment at the Laredo Sector Headquarters. Mr. Knowles
continued to work in the technology field for the next fourteen years; however,
his official BPA position description was never changed and he continued to
receive law enforcement pay and benefits. Mr. Knowles has allegedly been
promoted up through GS-13 Supervisory BPA and has been receiving AUO premium pay
from at least as far back as 1994 even though he has not been performing law
enforcement duties.
On July 6, 2005, in accordance with 5 U.S.C. § 1214(b)(2)(B), the Special
Counsel reported to DHS that the evidence adduced during an OSC investigation
supported a finding that the agency had committed prohibited personnel
practices. The Special Counsel asked the Secretary to respond to this report,
but to date has failed to take any of the actions recommended in the OSC’s
Corrective Action letter and Report of Prohibited Personnel Practices.
***
The U.S.
Office of Special Counsel is an independent investigative and prosecutorial
agency. Among other functions, it investigates and prosecutes complaints
alleging violations of the Hatch Act and provides advisory opinions
regarding the Act’s requirements. For more information about OSC, please
visit our web site at www.osc.gov or call
1-800-872-9855.
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