Because if you do, you’ll be met with pleas that OSC is too underfunded, or that its interpretations of its laws are fine and will only change if the courts or Congress say so.

The fact is that OSC has always been underfunded, from its creation in 1978. For the past decade, it ran a backlog of cases year over year (and apparently since 1978, but detailed records before 2000 are spotty.) This can be remedied, if the prominent good government groups come out for more funding for it. This should not be difficult, since three top OSC officials either have worked at, or have professional ties to, the Government Accountability Project (GAP), one of two go-to whistleblower advocacy groups in Washington. And Congress effectively outsources its government oversight and relevant legislative drafting to GAP.

Moreover, OSC recently changed the way it interprets one of the statutes governing it and began complying with a whistleblower disclosure provision. But it didn’t come out and admit its past, erroneous interpretation. Regardless, this move undermines its claim that its interpretations will be construed differently if Congress or the courts get involved. As a matter of law, it need not wait for someone else to tell it to begin following the law.

That said, the question remains whether anyone will care to have OSC explain why it didn’t follow the law in the first place.

 

MSPB Watch

MSPB Watch

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