[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]