The current situation
By "broken covenant" of the Civil Service Reform Act of 1978 (CSRA), Joseph Carson, PE,
contends federal employees cannot perform their sworn duties to "faithfully discharge the duties of their office" in protecting the health, safety, security and welfare of Americans, per the "merit system principles," because the President, Courts and Congress have failed - for 34 years - to ensure the CSRA is followed so they are adequately protected from reprisal and other types of "prohibited personnel practices (PPPs)."
There are well over 200 Executive Branch agencies - in no agency is "broken covenant" more apparent than the Board of Governnors of the Federal Reserve (Federal Reserve). Mr. Carson contends the economic meltdown of 2008 might have been prevented if the Governors of the Federal Reserve, since 1978, had complied with the "merit system principles" of the federal civil service, instead of apparently making fallacious arguments that career employees at the Federal Reserve can be hired or fired for any reason or no reason. As Mr. Carson understands the (lack of) merit policy at the Federal Reserve, a selecting official there can select their lover to hire or promote- and woe to any employee who complains about it.
Please be skeptical to his claims - he is an engineer who believes that while everyone is entitled to their own opinion, they are not entitled to their own facts.
- Joe Carson's July 11, 2012 "whistleblower disclosure" about the Federal Reserve and CSRA to the U.S. Office of Special Counsel.
- Federal Reserve's response to Mr. Carson's FOIA request of December 21, 2012
- Federal Reserve's response to his FOIA appeal of February 1, 2011
- The Office of Special Counsel notification to Mr. Carson of August 8, 2012. It takes no exception to the accuracy of his whistleblower disclosure about the Federal Reserve unlawfully claiming to be exempt from the CSRA, but advises him to inform the President and Congress!
- Mr. Carson's August 12, 2012 letter to Chairman Bernanke of the Federal Reserve, asking him to either request the President to resolve the matter or for him to request the Office of Legal Counsel directly to do so.
- Mr. Carson's August 13, 2012 letter to the Chairmen and Ranking Members of the relevant Congressional oversight committees.
- Mr. Carson's August 14, 2012 letter to President Obama, requesting he remove Special Counsel Lerner for cause.
What to do?
The President, per his statutory duty at 5 U.S.C. section 2301(c), should to "take any action...necessary" to ensure federal employees at the Federal Reserve are adequately protected from reprisal and other types of PPPs and should direct the Office of Legal Counsel (OLC) of the Department of Justice to resolve the application of the CSRA at the Federal Reserve. In the alternative, Federal Reserve Bernanke should request an OLC review (a request which OLC would accept).
Mr. Carson can be contacted at [email protected]