When to report? The choice is intimately
connected with the issue of how much to report
(see statements and anonymity) as well as deadlines under various statutes. Much depends on
the whistleblower's circumstances and the
diligence of the Inspector General (IG) office
or other investigative body. Most agents
both depend on and are wary of whistleblowers.
They will not become involved with stale
claims--those too old to be investigated
or prosecuted (usually 5 to 6 years)--even
if the Whistleblower Protection Act deliberately
has no deadline. Plus, most agents do not
want to become involved in employee relations
problems. This both marshals resources against
draining emotional situations, and avoids
making the agency look bad.
Criticizing all IG offices as management's
eyes and ears, or for whitewashing violations
is clearly too broad a brush, for problems
are being addressed every day. Some critics
are particularly harsh on "non-statutory"
IG offices (where the agency head can remove
an IG, including for too-vigorous work) as
lax investigators. For now, these charges
remain unsubstantiated, both because investigations
are confidential, and because so much depends
on the strength of the tip and seriousness
of the problem (the worst critics may supply
the vaguest tips). In any event, all IGs
can investigate frauds and other offenses
against the agency by insiders and outsiders.
Investigating outsiders almost always creates
fewer internal waves, even if, as a practical
matter, information may be harder to get.
Many whistleblowing investigations are stillborn,
and not always because the tip is too vague
or the problem insignificant. At least one
IG agent has simply proclaimed the office
"lacks jurisdiction" over whistleblower
retaliation complaints. Clearly, neither
that agent nor office is fully exercising
its mandate to investigate legal violations
affecting the agency.
Refusals to investigate mean employees willing
to step forward as witnesses get less attention
than fellow employees accused of violating
laws. Clearly, that's not what Congress intended,
nor good long-term management. Still, this
happens, particularly in offices focusing
on productivity stats. The ways to short-circuit
whistleblower investigations are many, including
asking what the employee's performance ratings
have been like before taking any complaint,
or only considering written complaints, or
failing to record oral conversations. A few
investigate the complainant rather than the
complaint. DOD has a regulation against this
(as noted on the anonymity page), and NIH tries to encourage real investigations
by proclaiming that proof isn't the employee's
responsibility.
Managers often question employees about who
has talked with a known agent, or what they
have said. The goal may become to identify,
isolate and harass witnesses into silence or departure--or
this only may be a normal part of the problem-correction
process. In any event, if managerial debriefing
happens, tell the agent, and get a third-party perspective if at all possible.
Of course, where an investigation is underway,
cover-up becomes the wrongdoer's prime goal.
Yet reform is the whistleblower's goal, and
change must start somewhere.
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