Top lawmaker protests 'whistle-blower' demotion (AP)

Thursday, March 17, 2011 6:01 AM By dwi

WASHINGTON – The Homeland Security Department demoted a grownup occupation employee who confidentially complained to the investigator generalized that semipolitical appointees were improperly meddling with requests for federal records by journalists and watchdog groups.

The newborn politico chair of the House Oversight and Government Reform Committee investigating those practices told the Obama brass that the selection "appeared to be an act of retaliation" and warned, "Obstructing a congressional enquiry is a crime." The division responded that it had done null wrong.

Rep. Darrell Issa, R-Calif., urged Homeland Security Secretary Janet Napolitano to remind employees most their rights and whistleblower protections and "make DHS managers aware of the consequences for return against witnesses who furnish aggregation to Congress."

Issa accused the brass of improperly demoting Empress Papoi, the past deputy organisation chief in calculate of the Freedom of Information Act. It escalated the semipolitical episode over a panoptic congressional investigating into President Barack Obama's promises to meliorate polity transparency.

"Denying or meddling with employees' rights to furnish aggregation to legislature is against the law," Issa wrote in a five-page honor obtained by The Associated Press. "Federal officials who hit against or otherwise interfere with employees who exercise their right to furnish aggregation to legislature are not entitled to hit their salaries paid by taxpayer dollars."

The Homeland Security Department said Papoi was not technically demoted because she never forfeited pay or benefits, although Papoi's newborn boss, Delores J. Barber, took over her title as deputy chief FOIA officer and moved into Papoi's office. As a GS-15 federal worker, Papoi, who has a accumulation degree, earns between $99,628 and $129,517. Under the federal employ system, a demotion usually involves expiration of a pay grade.

Papoi, who applied for the newborn created Senior Executive Service function finally awarded to Barber, is on leave. The division said a commission of occupation and semipolitical employees chose composer on her merits over Papoi. Issa did not ask Napolitano to change Papoi.

The division responded in a honor that listed what it said were 11 factual inaccuracies by Issa and complained most "unfounded allegations of intense faith and a severance of jural ethics."

"The division has not taken any retributive state against employees that hit provided aggregation to your committee," wrote Assistant Secretary Nelson Peacock.

Issa disclosed in his honor that Papoi complained confidentially to the investigator generalized in March 2010 that the Homeland Security Department had illegally sidetracked hundreds of requests from journalists, watchdog groups and others for federal records to top semipolitical advisers, who desired aggregation most those requesting the materials.

In some cases the promulgation of documents considered politically huffy was delayed, according to more than 1,000 pages of e-mails subsequently obtained by the AP, which wrote most the training last summer. The e-mails did not show semipolitical appointees fastening records from coming out, but they illustrated accent semipolitical sensitivities that slowed the process. Career employees were sequential to provide semipolitical body with aggregation most the people who asked for records — much as where they lived and whether they were clannish citizens or reporters — and most the organizations where they worked. If a member of legislature wanted documents, employees were told to take Democrat or Republican.

The AP reportable that the DHS investigator general's duty had conducted interviews to determine whether semipolitical advisers acted improperly, but its findings hit not been prefabricated unstoppered nearly one assemblage after Papoi's complaints.

"I knew flooded substantially I could be jeopardizing my career, but I hit to be healthy to sleep at night," Papoi told the AP in an discourse late Wednesday.

Peacock, the assistant Homeland Security secretary, said the authority was not aware until Issa's disclosure that Papoi was the one who had complained most her bosses to the investigator generalized in March 2010. Papoi accused semipolitical appointees of "breaking the accumulation by knowingly and designedly delaying and obstructing the promulgation of authority records" under the Freedom of Information Act.

"It is not the training of (the) OIG to reveal the sources of aggregation that haw advance to an inspection," Peacock wrote. "It was your correspondence ... that revealed this claim."

Earlier this week, at a senate Judiciary Committee hearing, Sen. Charles Grassley, R-Iowa, said, "It would seem manifest that the semipolitical vetting impact at the Department of Homeland Security that was uncovered by AP violates both the president's and the attorney general's orders."

Grassley said he has asked inspectors generalized at dozens of executive branch agencies to analyse whether another parts of the brass are conducting kindred semipolitical reviews of federal aggregation requests.

A grownup Justice Department authorised in calculate of Obama's openness policy, Melanie Pustay, told senators on Tuesday, "Certainly if the statements in the (AP) article are true, it would be very serious, and we would hit very earnest concerns with that."

She said Justice Department rules make clear that the identity of the person requesting records shouldn't change whether the polity provides information. She recognized that semipolitical appointees in the Justice Department are told most aggregation requests "for cognisance and direction purposes, and that's all."

Issa said brass lawyers also believe Papoi has been secretly providing aggregation to congressional investigators, who interviewed Papoi with her clannish lawyer on March 3. In the interview, Papoi criticized semipolitical appointees in Napolitano's office. The Homeland Security Department said Papoi was notified most her newborn boss' hiring on Jan. 10, the same hebdomad in which Issa has severally recognized that his investigators began obtaining materials that raised newborn questions most the agency's semipolitical reviews.

Peacock said the division lawyer "merely pointed discover the chronology ... regarding the hiring impact and the investigation."

Issa said Papoi was told on March 4, the period after gathering with investigators, that composer would begin as her newborn boss on weekday this hebdomad and that she necessary to leave her duty before March 10.

"By notifying Ms. Papoi of her less delectable duty naming and impaired employ responsibilities the period after she appeared before the committee, the division created the attendance of return against a witness," Issa wrote. "The department's selection to interact the FOIA Office's most grownup occupation authorised after digit eld of achievement action is hornlike to countenance."

The division said Papoi's previous boss was, in fact, the most grownup occupation authorised in the FOIA unit.

The AP obtained Issa's honor during Sunshine Week, when U.S. programme organizations encourage unstoppered polity and freedom of information, and on the daytime of a congressional chance by Issa's NGO most polity transparency.


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