Survey: One third of workers witness misconduct

A Hudson ethics in the workplace survey says nearly a third of U.S. workers have witnessed ethical misconduct by co-workers, but only half reported it. (PR Newswire). In releasing the results of the survey, conducted by Rasmussen Reports, LLC, Hudson general counsel David Rhind said,

"Workplace ethics is not an abstract concept, but a critical part of a healthy company. Even with clear ethics policies in place, companies must create a culture of integrity throughout the organization by providing both the means and the mandate to report concerns." (PR Newswire)

The Hudson report provides fresh ammunition for those arguing for stronger whistleblower protections. The full report is available at http://www.hudson-index.com/.

One in three workers witness ethical misconduct
PR Newswire, October 19, 2005

Time to clean up Dodge

More damning Katrina testimony is described on Boston.com by Hope Yen (AP). At Thursday's Senate Homeland Security Committee hearing, FEMA official Marty Bahamonde testified that Michael Brown and other FEMA officials ignored his emailed pleas for help and seemed more concerned about Brown's dinner plans in Baton Rouge. Yen reports that Senator Susan Collins, of Maine, "decried the 'complete disconnect between senior officials and the reality of the situation."

Many will find Bahamonde's testimony shocking. Sadly, out-of-touch management is common at agencies throughout federal government. Worse, many federal workers complain that their agencies are run like fiefdoms or lawless frontier towns. With no appreciable whistleblower protections, would-be reformers and do-gooders end up face down in the dust. Unhappily, the wild west is alive - not in some Rocky Mountain vale, but in the nation's capital. where federal agencies serve as a Hole-in-the-Wall refuge for bad actors and ne'er-do-wells.

Post-Katrina political fireworks are shining rare light on the real federal government - a bureaucratic badlands, badly needing reform. But, where is the Wyatt Earp willing and able to clean it up?

FEMA official says boss ignored warnings
Hope Yen, AP, on Boston.com

October 20, 2005

Reports fault FEMA flood insurance

A newly issued report by the Government Accountability Office (GAO) says FEMA has been slow to implement a required appeals process for policyholders in its flood insurance program (Washington Post/AP). Simultaneously, the Homeland Security Department's inspector general has issued a report faulting FEMA for its slow progress in updating its flood maps, and for failing to develop policies and agreements for cooperating with other federal mapping agencies.

GAO, Homeland Security Slam FEMA on Floods
Washington Post/AP, October 18, 2005

Chertoff Speaks

DHS Secretary Michael Chertoff has escaped most of the heat for FEMA's slow response to Hurricane Katrina. Seemingly, few people remembered that, as the Secretary of DHS and Michael Brown's boss, the buck stopped on his desk.

Wednesday, Congress called on Mr. Chertoff to explain himself. When asked why he had been away from his office during the first days, he said there was "no sense of a lack of urgency" (Washington Post). However, to anyone knowledgeable of hurricane disasters, the urgency should have been obvious. A major hurricane was approaching a below-sea level city with a large population and limited evacuation options. The location of New Orleans, at the mouth of the Mississippi and smaller waterways, made it vulnerable to delayed flooding when the hurricane moved inland and rains flooded headwater streams. But, Secretary Chertoff could not be expected to understand disaster phenomena. Like Brown, Chertoff is not a disaster expert.

One would have expected a person of superior management qualifications to be appointed to organize and lead one of the largest bureaucracies ever created. Instead, President Bush nominated, and Congress eagerly confirmed, a lawyer, better prepared to create red tape than cut through it. The question begging to be asked is, why?

Chertoff Vows to 'Re-Engineer' Preparedness
By Spencer Hsu, Washington Post
October 20, 2005

Survey finds DHS morale abysmal

It's somewhat disconcerting to learn that only 4 percent of the folks charged with protecting the nation from terrorist attacks feel that creativity and innovation are rewarded, a finding of the Office of Personnel Management (OPM), which surveyed employees at the Department of Homeland Security (New York Times). The DHS scores, says the NYT, were less favorable than those of any other agency surveyed by OPM. Lets hope the terrorists have even lower scores.

Low morale at Homeland Security cited
David E. Rosenbaum, New York Times
October 15, 2005

Whistleblower case will set nation's course

On October 12, the U.S. Supreme Court heard arguments for Garcetti v. Ceballos, a case that ultimately will decide whether this nation will enjoy honest government or continue its current freefall into the abyss of corruption.

The Court is reviewing a lower court decision supporting Los Angeles prosecutor Richard Ceballos who said he suffered retaliation for trying to expose misconduct involving a search warrant affidavit. Those representing the government have argued that the First Amendment does not apply to civil servants who report wrongdoing in the context of their assigned duties.

Alice in legal land

It may seem bizarre for anyone to argue that corrupt officials should be allowed to fire honest employees who report wrongdoing simply because reporting wrongdoing fell within the scope of their job description. But, that was the gist of the argument put forth by Cindy Lee, legal representative for the District Attorney's Office. Lee had support from Dan Himmelfarb, representing the Bush Administration through the Solicitor General's office (Pittsburgh Post-Gazette).

Rather than file a First Amendment claim in federal court, Himmelfarb advised workers to file a civil service complaint (Law.com/AP). In fact, federal government whistleblowers receive almost NO protection through the civil service process and many state government whistleblowers are no better off. The usual endpoint for civil service complaints is the U.S. Court of Appeals for the Federal Circuit, where dozens upon dozens of whistleblower complaints have been buried forever. Conveniently for government defendants, the administrative process that handles civil service complaints allows little in the way of public review. And that, apparently, is how the Bush administration likes it.

Notably, John Roberts was a judge in the same Court of Appeals prior to being appointed Chief Justice and earlier had worked in the notoriously secretive Bush White House. It comes as no surprise, then, to learn that Roberts "seemed sympathetic to the position of the district attorney's office"(Post-Gazette).

The timing of the Supreme Court's review drew this comment from the Honolulu Star-Bulletin:

The challenge arises as Congress is considering a bill that would strengthen whistleblower protection by allowing a federal employee to take a claim of waste, fraud and abuse to federal court if the agency doesn't act on it within six months. The bill was introduced by Senator Akaka and has been approved by House and Senate committees. Rejection of Ceballos' claim would infringe on the First Amendment rights of 21 million public employees.

Hurricane Katrina showed how waste, fraud and abuse can affect the safety and welfare of thousands. Much of the horror of that disaster might been prevented if government employees had felt safer in reporting problems. The Supreme Court's decision in Garcetti v. Ceballos will determine whether civil servants are empowered to speak up or intimidated into silence. In an op-ed for the New York Times, courageous FBI whistleblower Coleen Rowley warned, "Cutting off protection is a recipe for disasters of mass proportions."

Occupational Hazard
New York Times, Editorials/Op-Eds
Coleen Rowley and Dylan Blaylock
October 10, 2005

Justices debate whistleblower protection
Michael McGough, Post-Gazette National Bureau
October 13, 2005

High Court Considers Rights of Whistleblowers Who Sue Government
Gina Holland, Associated Press, on Law.com
October 13, 2005

Public, government rely on whistleblowers
Star Bulletin (Honolulu), Editorial
October 17, 2005

The First Amendment Center

Jurist/Paper Chase