http://www.ems.org/rls/2004/02/19/us_special_couns.html#top_release

Source: Public Employees for Environmental Responsibility
Posted by: Public Employees for Envir. Responsibility - archive
Posted on: Thursday, February 19, 2004 at 11:48 AM

For Immediate Release: Thursday, February 19, 2004
Contact: Dennis McKinney (202) 265-7337


U.S. SPECIAL COUNSEL ENTERS CHIEF CHAMBERS CASE
Investigation into Legality of Don Murphy's Actions Against Park Police Chief

Washington, DC — The U.S. Office of Special Counsel has opened an investigation into the proposed removal of U.S. Park Police Chief Teresa Chambers, according to a letter released today by Public Employees for Environmental Responsibility (PEER). In accepting jurisdiction over the case, the Office of Special Counsel (OSC) has found that, as a matter of law, statements by Chief Chambers to both Congress and the media fall within the Whistleblower Protection Act and other free speech laws.

The investigation will determine whether Deputy Parks Service Director Donald Murphy improperly stripped Chief Chambers of law enforcement authority and put her on administrative leave within days of a Washington Post article quoting the Chief admitting staffing shortfalls in Park Police coverage of local parks and parkways. One week after taking those actions, Murphy offered to forego any charges and fully restore Chief Chambers if she would agree to a "gag order" giving Murphy control as to "contact and content" of all future communications with Congress or the media. After Chief Chambers refused the offer, Murphy proposed to terminate the Chief on the basis of her statements, as well as a handful of other allegations, most several months old, that Murphy labeled "insubordination."

OSC acts as the guardian of the federal "merit system," the code that ensures fair and legal treatment of civil servants. If OSC finds that Murphy acted in reprisal against legally protected disclosures, OSC can move to have Chief Chambers restored as well as bring disciplinary action against Murphy for taking "a prohibited personnel action." In the interim, OSC can also seek a "stay" that prevents further action against Chief Chambers and can also seek to have her go back to work until the matter is resolved.

For more than a month since Chambers filed a rebuttal of Murphy's accusations, the Department of Interior, the Park Service's parent agency, has been struggling to decide what to do with Murphy's allegations. OSC's intervention may take matters out of Interior's hands.

"It is time to end this horror show and let Chief Chambers go back to work," stated PEER Executive Director Jeff Ruch, noting that Murphy acted to seize Chief Chambers' badge and gun and place her under armed escort on the 25th anniversary of Chief Chambers swearing in as a police officer. "Chief Chambers has been under virtual house arrest for more than two months for the alleged crime of telling the truth."

In past years, OSC has accepted only approximately 10% of the retaliation complaints it receives for investigation. Once it accepts the case, OSC then often attempts settlement. Failing settlement, if OSC verifies the facts as alleged by the employee, it can litigate before the civil service court, the Merit Systems Protection Board, to vindicate the employee and punish the retaliating manager.


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http://www.peer.org/Chiefchambers/OSC_Letter.html

U.S. OFFICE OF SFECIAL COUNSEL
1730 M Street, N.W.. Suite 218
Washington D.C. 2OM6450

February 11, 2004

Peter H. Noone, Esq.
Avery Dooley Post & Avery, LLP
Attorneys At Law
90 Concord Avenue
Belmont, MA 02478

Re: OSC File No. MA 04 0864, Teresa Chambers

Dear Mr. Noone:

This letter responds to your complaint to the U.S. Office of Special Counsel on behalf of your client, Teresa Chambers. You complained that U.S. Park Police Chief Chambers received a removal proposal in reprisal for making protected disclosures and engaging in protected First Amendment speech,

Based on the information you provided, we have concluded that reasonable grounds exist to refer your allegations for further investigation by our Investigation and Prosecution Division. Your request for a stay of Ms. Chambers' removal is still under consideration. Please contact us if Chief Chambers receives a decision on the proposal to remove her from the service.

A Special Counsel Attorney or Investigator will contact you shortly to continue the inquiry.

Because you alleged reprisal for Whistleblowing, you may have the following rights. You may seek corrective action from the Merit Systems Protection Board under the provisions of 5 U.S.C. §§ 1214(a)(3) and 1221 (individual right of action) for any personnel action taken or proposed to be taken against you because of a protected disclosure that was the subject of your complaint to this Office. If the Special Counsel notifies you that it has terminated the investigation of your allegation of reprisal for whistleblowing, you will have 65 days within which to file a request for corrective action with the Board.

You may also file an individual right of action with the Board after 120 days have elapsed after seeking corrective action from the Special Counsel if the whistleblower reprisal complaint is still pending before the Special Counsel and you have not been informed that the Special Counsel will seek corrective action on your




U.S. Office of Special Counsel
Peter 1 1. Noone, Esq.
February 11, 2004
Page 2

behalf. The Merit Systems Protection Board regulations concerning rights to file a
corrective action case with the Board can be found at 5 C.F.R., Part 1209.



Leonard Dribinsky
Associate Special Counsel For
Complaints and Disclosure Analysis