Date: Wed, 28 Nov 2007 18:52:00 -0500
To: jpcarson@tds.net
From: “Joe Carson” <jpcarson@tds.net>
Subject: Wall St. Journal story on OSC Special Counsel Bloch
The drama of of Scott Bloch’s tenure at OSC, somewhat described in the following Wall St. Journal story, occurs in a context of OSC’s failure, since it was created as an independent agency in 1989, to comply with its fundamental duty as an investigatory agency – 1) to investigate allegations of violations of laws under its jurisdiction, including Freedom of Information Act (FOIA), Hatch Act, and federal agency engaging in prohibited personnel practices (PPP’s), particularly whistleblower reprisal, against federal employees, 2) to determine “whether there is reasonable grounds (or cause) to believe” violations of these laws occurred, and 3) if so, report its positive determinations to the involved agency head, obtain an agency-head certified response, and make its report and the agency’s response publicly available. OSC, since 1989, has conducted about 8000 field investigations and has not, contrary to law, created public records when its investigations result in determinations of “reasonable grounds (cause) to believe” there were violations of the laws authorizing its investigation.  That is the context in which Scott Bloch apparently perceives he does not have to provide information about OSC operations to anyone else.OSC Watch   < http://whsknox.blogs.com/osc_watch> < http://www.oscwatch.org> consists of victims of OSC’s failure to comply with its statutory duty to protect federal employees from agency PPP’s and their advocates.  Its three objective are: 1) expose OSC’s lawbreaking, 2) stop OSC’s lawbreaking, and 3) obtain some measure of justice for the 10,000 or more direct victims of OSC’s lawbreaking since 1989.  OSC Watch was co-founded by Joe Carson, PE, the current “dean” of federal whistleblowers, who has prevailed in numerous whistleblower related litigation as a nuclear safety engineer at Dept. of Energy  (DOE) < www.carsonversusdoe.com>. Several years ago, he realized that the reason DOE could slap him around, with apparent impunity, for doing his duty to protect public health and safety, was the same reason other federal agencies can slap around their concerned employees – OSC fails to comply with its fundamental obligation to concerned federal employees who seeks its protection by failing to make and appropriately report its determinations of “reasonable grounds to believe” agency PPP’s have occurred, leaving everyone in the dark, enabling agency lawbreaking against their concerned employees. 

He thinks OSC’s failure to comply with its duties to protect concerned federal employees contributed at least, to 9/11, loss of space shuttle Columbia, failure of levees in New Orleans, inept FEMA response to Katrina, and countless other instances of federal incompetence or malfeasance since 1989.  He fears it could contribute to a nuclear 9/11 if not exposed and stopped. 

As the following story implies, there is no Inspector General with jurisdiction over OSC.  It is a mole-like, small (110 employee), agency that has created bizarre interpretations of the law it is charged to implement.  Mole-like, it has issued no regulations describing its implementation of those laws  and why it does not have to report its determination of their violation.  This has remained “under the radar” from 1989 to now. 

The attached files show some of the bases of his claims and that his claims have the support of the leading whistleblower protection advocacy group in the Country, the Government Accountability Project (GAP).   In a FOIA response about its investigations of possible Hatch Act violations since 1989, OSC admits it made 1181 determinations of Hatch Act violations without once issuing the required report to the involved agency head.  In a recent ruling a Federal Judge found OSC failed to provide statutory required information about its investigation and determinations of a PPP complaint to the federal employee who sought its protection. 

For OSC Watch

Joe Carson, PE
jpcarson@tds.net

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