Complaints of retaliation against whistleblowers at the Department of Veterans Affairs more than doubled in recent months, according to an Atlanta Journal-Constitution analysis, and one of the highest profile VA whistleblowers claims he and the chief witness in his case have been subjected to retaliation in Atlanta.
The new claims from whistleblower Scott Davis, who testified before Congress in July, and the sharp increase in complaints from other VA whistleblowers to the U.S. Office of Special Counsel raise doubt about whether VA Secretary Robert McDonald can deliver on a pledge to end a hostile environment for employees who report trouble at the scandal-plagued agency.
Since June, the Office of Special Counsel, which investigates whistleblower claims from most of the federal bureaucracy, has received more than 80 new cases from VA employees alone, bringing the total number of active VA investigations the agency is pursuing to 125, by far the most of any federal agency.
“Our committee continues to receive reports of possible retaliation against whistleblowers to this day,” Rep. Jeff Miller, R-Fla., chairman of the House Committee on Veterans’ Affairs, told the AJC in a strongly worded statement. “Until VA officials at all levels take aggressive action to fire all managers who have sought to punish employees for exposing fraud, waste and abuse within the system, I have no confidence VA’s shameful treatment of whistleblowers will end any time soon.”
Davis testified before Miller’s committee in early July that he and other whislteblowers faced retaliation at the Health Eligibility Center in Atlanta, which processes veteran claims for health care access. He testified about contract mismanagement, a backlog of hundreds of thousands of pending health applications and the possible improper deletion of 10,000 others.
Since then, Davis said he’s received emails and communications from VA threatening disciplinary action and demands that he sign-away his rights to speak freely — all actions he views as harassment.
More troubling, perhaps, Davis’ chief witness told the AJC that she’s now been retaliated against for supporting Davis and testifying in five investigations, including two by the VA’s Office of Inspector General.
Melissa Mason, a management/program analyst, said she faced written disciplinary action this month by a supervisor at the Health Eligibility Center — the first time she’s been reprimanded in a 29-year career with the VA.
“I knew they would come after me,” said Mason, who has provided emails to backup her claims but declined to comment on the case in detail.
Since taking command of the VA in late July, Secretary Robert McDonald has promised that retaliation against whistleblowers will not be tolerated.
Before the House committee Sept. 17,McDonald said that in his first two months on the job the agency reinforced a commitment to whistleblower protections and had begun building a culture that encourages constructive dissent.
“I can understand at this moment in time whistleblowers who have been retaliated against are skeptical as to whether I mean what I say or whether I can deliver what I say,” McDonald said.
Atlanta cases under scrutiny
The House veterans affairs committee, which held hearings all summer on poor patient care, long wait times for veterans and wholesale mismanagement, has pressed McDonald to fix the ongoing problem of whistleblower retaliation. Miller has also asked VA Inspector General Richard Griffin to investigate the allegations and he specifically requested VA produce records in Davis’ case.
On Sept. 4, the committees’s chair on oversight and investigations, Mike Coffman, R-Colorado, notified McDonald of the possible ongoing retaliation against Davis since his testimony in July. Coffman told McDonald of Mason’s case in a Sept. 16 letter. It said Mason has faced possible retaliation for cooperating as the chief supporting witness in five “VA investigations into claims of waste, fraud, abuse and retaliation.”
The letter said Mason was written up for failing to follow leave approval procedures involving Davis. Documented emails reviewed by the committee, however, show Mason was not responsible for forwarding the leave request. It instead fell to another supervisor, the letter said.
“You have promised to pursue proper administrative actions against those who engage in whistleblower reprisals,” Coffman wrote to McDonald. “But our committee has received no proof that has happened and I have not yet heard you say when such actions will occur.”
The next day, McDonald testified before the committee in a hearing about thePhoenix VA, where some veterans died waiting for appointments. He praised employees in Phoenix for demonstrating “moral courage to do the right thing” and said the agency has reinforced its commitment to whistleblowers. He said the VA recently submitted a new certification plan to help ensure whistleblower protection and he linked the ability to deliver quality care to veterans to creating a “culture that protects and empowers the voices of all employees.”
The Office of Special Counsel has said VA has taken positive steps to respond to issues raised by whistleblowers in recent months. Some of the changes arean overhaul of its medical inspector’s office and a new, expedited review for whistleblower relief, including a new office to review accountability issues, said Nick Schwellenbach, a spokesman with the OSC.
The agency acknowledges the VA comprises a signficant portion of the office’s workload, but Schwellenbach said the dramatic rise in complaints doesn’t mean retaliation has gone up. It may indicate more people are aware of the special counsel’s office, he said.
“While we continue to process a record number of claims from VA employees, we’re encouraged by each of these initiatives,” Schwellenbach said.
‘Intimidation’
Davis and other whistleblowers interviewed by the AJC say not much has changed under McDonald. In the past year, Davis said he’s been threatened with termination, had his employee records altered illegally, been transferred, had his character defamed, and had his personal medical records released to unauthorized members of management. The senior leaders who have overseen this retaliation are all still in place, he said.
Asked why?
“Intimidation,” Davis said. “They want to silence me to not speak out about systemic problems that have taken place for years.”
Daphne Ivery, the union president at the Health Eligibility Center, said she has knowledge of 12 investigations at the center conducted by the inspector general’s office in less than two years. She said she laughed when wall flyers appeared recently proclaiming whistleblower rights after rumors circulated that McDonald or his top deputy would visit Atlanta. The flyers were viewed by many as just more show for the new big boss in Washington, she said.
As union rep, Ivery observes many of the investigative interviews at the center conducted by the inspector general or other investigative bodies. She said she’s seen managers harass and retaliate against employees after they testify. Some employees face job assignment transfers or are suddenly written up for disciplinary actions after otherwise exemplary performance evaluations. Employees, she said, know they will likely face retaliation, but they get tired of seeing the system fail veterans. while managers fail to correct the problems.
“Whistleblowing is not for the faint at heart,” she said. “Once you do, it comes hot and it comes heavy. This is not something you do thinking you’re going to get ticker tape parade. You do it knowing you may lose your livelihood. You do because what’s going on is so egregious you can’t let it go on anymore.”
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