News from Passman & Kaplan: Passman & Kaplan Principal Andrew J. Perlmutter will be moderating a panel discussion with staff from the U.S. Office of Special Counsel on November 28, 2018. The discussion, "Latest Developments at the Office of Special Counsel", is sponsored by the American Bar Association, Section on Administrative Law and Regulatory Practice, Government Personnel Committee. For additional details or to register, see the ABA's website.
Developments at OPM: On October 10, 2018, the Office of Personnel Management (OPM) issued Interpretive Guidance on implementation of Section 5 of Executive Order 13,839. OPM's Interpretive Guidance clarifies some aspects of how Section 5--the provision limiting modification of federal personnel records in settlement--should be applied.
News from the Courts: On August 25, 2018, Judge Ketanji Brown Jackson of the U.S. District Court for the District of Columbia issued a 122-page memorandum opinion in American Federation of Government Employees et al. v. Trump, No. 1:18-cv-1261. The Court struck down significant portions of the three May 25, 2018 executive orders concerning federal employees.
Developments at the OSC: The U.S. Office of Special Counsel (OSC) recently issued its annual report to Congress for Fiscal Year 2017.
News from the Whitehouse: On May 25, 2018, hours before the start of Memorial Day weekend, President Trump issues three executive orders with potentially far-reaching negative consequences for federal employees.
News from the Courts: The U.S. Courts of Appeals for the 7th and 9th Circuits each issued recent whistleblower reprisal decisions. Both courts reversed rigid Merit Systems Protection Board (MSPB) decisions requiring specific fact allegations in whistleblower claims at the Office of Special Counsel (OSC).
News from the Courts: On December 7, 2017, the U.S. Court of Appeals for the 4th Circuit issued its decision in Flynn v. Securities and Exchange Commission, No. 16-2122. In one of the later decisions to arise under the recently-expired all-circuit review provision for federal sector whistleblower reprisal claims.
News from the Federal Circuit: On October 26, 2017, the U.S. Court of Appeals for the Federal Circuit issued its en banc decision rehearing in Parkinson v. Dept. of Justice, No. 2015-3066. In a split decision, the Court rejected an FBI employee's ability to raise a whistleblower reprisal affirmative defense in his MSPB appeal.
News from the Courts: On June 16, 2017, the U.S. Court of Appeals for the District of Columbia Circuit issued a precedential decision in Lee v. U.S. Agency for International Development et al., No. 16-5276. The D.C. Circuit addressed the issue of whether a federal employee has a civil remedy for alleged false statements by managers under 18 U.S.C. § 1001.
News from the White House: On May 2, 2017, the President issued Executive Order 13,793. The Executive Order creates a new office at the Department of Veterans Affairs focusing on whistleblower reprisal and disciplinary issues.