U.S. OFFICE OF SPECIAL COUNSEL ANNOUNCES FAVORABLE
SETTLEMENT OF WHISTLEBLOWER RETALIATION CASE
FOR IMMEDIATE RELEASE - 12/22/99
CONTACT: JANE MCFARLAND
(202) 653-7984
Today, the U.S. Office of Special Counsel (OSC)
announced that it had reached a favorable settlement agreement with the
Department of Air Force (AF) on behalf of Mr. Blant Norris Reeves, an AF
employee, who filed a complaint with OSC alleging whistleblower retaliation.
Under the terms of the settlement, while not conceding that it violated the
law, the AF agreed to provide corrective relief to Mr. Reeves, including a
lump-sum monetary payment, and to provide Mr. Reeves’ supervisor with
prohibited personnel practice training.
Mr. Reeves was a term employee for Eglin Air Force Base (EAFB)
in Florida, working as a Physical Scientist in its Environmental Management
Restoration Division under a four-year appointment. His duties included
preparation for the renewal of EAFB’s Resource Conservation and Recovery
Act (RCRA) hazardous waste permit with the Environmental Protection Agency
(EPA).
In December 1996, Mr. Reeves telephoned EPA and reported
that his first-level supervisor was “shielding” hazardous waste sites
from EPA and the Florida Department of Environmental Protection (FDEP). He
told EPA, that contrary to the RCRA permit reporting requirements, EAFB
planned to conduct confirmatory sampling investigations on waste sites
before reporting them to EPA and FDEP. Mr. Reeves also wrote to his
second-level supervisor and related substantially the same disclosure that
he had made to EPA. The following day, he also wrote to his first-level
supervisor and enclosed his letter to his second-level supervisor. Thus, his
first-level supervisor became of aware of his disclosures to the
second-level supervisor and eventually to EPA.
About one week after Mr. Reeves’ disclosures, his
first-level supervisor reassigned all of his job duties on waste sites to
other employees and told him to return any government documents or computer
files to the office. The supervisor also told Mr. Reeves that he planned to
remove his access to the local area computer network and change the phone
system to preclude him from being bothered by e-mails or telephone calls.
Within two months of the disclosures, the first-level
supervisor switched Mr. Reeves’ position number with that of another
employee such that his term appointment would expire two years earlier than
scheduled. On October 1, 1997, the agency separated Mr. Reeves through a
reduction-in-force. Prior to his separation, Mr. Reeves received a
performance appraisal rating that he alleged was not consistent with his
performance during the period under review. Mr. Reeves, ultimately, found
alternative and permanent employment with the Air Force at another facility
in April 1998.
OSC’s investigation into these personnel actions,
confirmed that Mr. Reeves’ first-level supervisor had retaliated against
him speaking to EPA without following the chain of command. Under the
settlement agreement, the AF will provide Mr. Reeves with backpay and
interest for the approximately six-month period he was unemployed and will
raise his performance rating. His former first-level supervisor will be
required to undergo training in the prevention of prohibited personnel
practices.
Special Counsel Elaine Kaplan praised the Air Force for
its prompt response to OSC’s investigative findings. She stated that
“the Air Force was responsive and cooperative in this investigation from
the get-go. Both agencies [OSC and the Air Force] wanted to provide Mr.
Reeves with a just settlement.” Kaplan stated that she was “pleased that
the Air Force shared OSC’s goal of protecting Mr. Reeves from retaliation
for his whistleblowing disclosures,” and expressed her “hope that other
agencies would follow the Air Force’s example.”
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