DHS accused of retaliation against individuals who signed FEMA letters
The Department of Homeland Security (DHS) is embroiled in a controversy over the administrative leave of several employees who signed a public dissent letter, known as the "Katrina Declaration." The letter, signed by over 190 current and former FEMA employees in late August, warns of potential risks to the agency's preparedness for major disasters under the Trump administration.
Homeland Security Secretary Kristi Noem has come out strongly against the letter, stating that the signatories are "the same bureaucrats who presided over decades of inefficiency are now objecting to reform." In response, the signatories have addressed the DHS Office of Special Counsel to initiate an investigation into alleged violations of whistleblower protection laws.
Last week, the DHS placed several employees who signed the letter on administrative leave. One of these employees, Abby McIlraith, an emergency management specialist at FEMA, has expressed her concern over the suspension of EPA signatories but does not regret signing the letter. McIlraith stands by everything in the Katrina Declaration.
The Environmental Protection Agency has suspended some employees for two weeks without pay for signing the letter. An EPA spokesperson stated that the letter "contains inaccurate information designed to mislead the public about agency business." However, in a Sept. 2 letter, lawyers representing FEMA staff argue that DHS's actions amount to "illegal retaliatory personnel actions."
Kevin Owen, a partner at Gilbert Employment Law, who often represents federal employees in whistleblower cases, believes that immediate administrative leave of clients suggests "smoke and fire" in their whistleblower disclosures. The whistleblower complaint, released by the Government Accountability Project, argues that the FEMA dissent letter contains "multiple protected disclosures."
The Office of Special Counsel can review such claims to determine whether there's enough evidence to show that a prohibited personnel practice, such as whistleblower retaliation, occurred. If the Office of Special Counsel decides not to pick up the case or takes more than 120 days to make a decision, employees can go directly to the Merit Systems Protection Board with their complaints.
In a statement, the EPA also said it has a zero-tolerance policy for career officials using their position to undermine the will of the public. However, McIlraith, a FEMA employee who signed the Katrina Declaration, has expressed alarm at the firings of the EPA signatories but does not regret signing the letter.
The Sept. 2 letter is addressed to congressional committees, the Office of Special Counsel, and the DHS Office of the Inspector General. It asks for an investigation into the matter and orders immediate corrective action, including full reinstatement of the employees. The letter warns that changes at FEMA under the Trump administration, including personnel cuts, risk leaving the agency unprepared to deal with a major disaster.
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