http://www.yubanet.com/artman/publish/article_48612.shtml
Reclamation Proposes New Grounds to Fire
E-Mailing Biologist
New Reasons: E-mails "Caused
Embarrassment" and Cast "Unfavorable
Light"
In an unusual move, the U.S. Bureau of
Reclamation has withdrawn a proposed
termination of a biologist for being
"subversive" and revealing
"administratively controlled
information" in sending e-mails to
environmentalists and other agencies.
Instead, the agency has substituted a
new letter proposing dismissal on the
grounds of causing "embarrassment" and
putting the agency in a "negative
light," according to Public Employees
for Environmental Responsibility (PEER).
The renewed effort to fire the biologist
for reporting violations of law and
improprieties sets up a new test for
federal whistleblower laws. Pending a
final agency decision, Charles (Rex)
Wahl, a GS-12 Environmental Specialist,
remains on paid administrative leave, as
he has been since mid-September. In
October, Reclamation also dismissed
Wahl's wife Cherie from a temporary
clerk-typist position.
"The Bureau of Reclamation knows it
wants to fire Rex Wahl but apparently
cannot make up its mind as to why,"
stated PEER Senior Counsel Paula
Dinerstein, who is defending Wahl
against the charges. "The last time I
looked, embarrassment did not constitute
a legal justification for firing a civil
servant."
The agency action concerns seven e-mails
Wahl sent to the U.S. Fish & Wildlife
Service (FWS), Army Corps and an
environmental group between February and
May 2006. In each message, Wahl alerted
the recipients as to potential problems
in filings made and reports compiled by
Reclamation. Originally, the agency had
cited 11 e-mails from Wahl, including
one to his ex-wife who now works at FWS,
discussing a video of wetlands in the
Colorado River region.
Despite narrowing the original charges,
the agency claims removal is the
appropriate punishment because, among
other reasons, "failure to take action
would negatively impact other employees'
confidence in management's willingness
to take disciplinary action."
Wahl has worked at Reclamation for the
past 2 ½ years and earned excellent
performance evaluations. His background
includes a stint as the head of an
environmental organization, Forest
Guardians. With this background,
Reclamation hired Wahl to keep
stakeholders, including
environmentalists, abreast of agency
"actions and initiatives" as required
under the National Environmental Policy
Act (NEPA).
"Reclamation is embarrassed because its
attempts to falsify Colorado River
project filings were exposed,"
Dinerstein added. "The agency managers
who were responsible for these misdeeds,
not Rex Wahl, should be the ones facing
discipline."
The new proposal to terminate was dated
December 21st and Wahl was directed to
respond within 14 days of his receipt of
the notice. The decision-maker for the
agency has been elevated from the Area
Manager to Rick Gold, the Upper Colorado
Regional Director. Once it receives
Wahl's reply, the agency is under no
deadlines to act but, given the delays,
a decision is expected soon thereafter.
If dismissed, Wahl may seek an immediate
hearing before the federal civil service
review agency, called the Merit Systems
Protection Board. In addition, PEER has
already filed complaints with the U.S.
Department of Labor claiming that
Reclamation's actions violate the
whistleblower provisions of the Clean
Water Act, Clean Air Act and Solid Waste
Disposal Act
