By Richard R. Renner, Kalijarvi, Chuzi, Newman & Fitch, P.C.
On March 1, 2022, the Senate finally confirmed two of President Biden’s nominees to serve on the Merit Systems Protection Board (MSPB), ending a five-year period during which the Board lacked a quorum and could not issue any decisions. The President’s nominee to serve as Chair of the MSPB, Cathy Harris, still awaits Senate confirmation. During the period awaiting a quorum, 3,400 cases piled up waiting for the arrival of Board members who could issue decisions.
The new Board members, Vice Chair Raymond Limon and Member Tristan Leavitt, have already begun issuing decisions, including some decisions involving whistleblower protections.
During their September 22, 2021, confirmation hearing, Mr. Leavitt stated, “Anyone who knows me might perhaps know me best for being passionate about the importance of protecting whistleblowers.” In his testimony, he expressed concern about the culture in many agencies that discourages whistleblowers from coming forward. Mr. Limon agreed that culture is a problem and testified about the importance of transparency in the Board’s decisions. Ms. Harris expressed how whistleblowers are afraid that nothing will happen when they raise concerns. She said she would be interested in petitions by the Office of Special Counsel (OSC) to protect whistleblowers from retaliation. Mr. Limon testified that the area of whistleblower protection has been shifting since the MSPB last studied the...
Rep. Eric Swalwell broke his silence on allegations of sexual misconduct Tuesday evening after a campaign event in Sacramento, saying social media reports of inappropriate behavior with female staf...