United States Office of Special Counsel - Invigoration

Invigoration

Special Counsel Carolyn Lerner was unanimously confirmed by the U.S. Senate and was sworn in, after receiving her commission from President Obama, on June 17, 2011. The first months of her tenure have seen intense activity and public response, and the agency has received plaudits for its revitalization.

In July and October 2011, OSC requested and obtained stays from the MSPB in three whistleblower retaliation cases -- those of David Butterfield of the Department of Homeland Security, Franz Gayl of the U.S. Marine Corps and Paul T. Hardy, a member of the U.S. Public Health Service. On a matter related to the case of Franz Gayl, OSC filed an amicus brief in October with the MSPB, arguing that the Board should afford greater due process protections to employees who are suspended without pay because of the suspension of a security clearance. Also in October, Lerner called for reform of the Hatch Act, which OSC is charged with enforcing. Lerner sent draft legislation to Congress, proposing changes in the enforcement structure, an end to the prohibition on state and local candidacies linked to federal funding, and other changes.

During this same period, the OSC released a report from its Disclosure division, detailing the complaints of three U.S. Port Mortuary whistleblowers and the subsequent statutorily-required investigation by their agency, the U.S. Air Force. The report, which included numerous accounts of the mishandling of remains of U.S. service members and their families, received considerable media and congressional attention. Subsequently, OSC reported to the U.S. Air Force that three mortuary supervisors had retaliated against the whistleblowers and should be disciplined.