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GGD-85-53 1 (1985-05-10)

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REPORT BY THE


Comptroller General


OF THE UNITED STATES


Whistleblower Complainants Rarely Qualify

For Office Of The Special Counsel Protection




The Office of the Special Counsel is an independent
component of the Merit Systems Protection Board,
charged by the Civil Service Reform Act with prosecuting
violations of prohibited personnel practices--such as re-
prisal for whistleblowing--to secure both disciplinary and
corrective action. The vast majority of complaints
brought to the Special Counsel by federal employe.s are
closed during the office's screening process.

GAO examined a random sample of 76 whistleblower
reprisal complaints closed by the Office of the Special
Counsel in the past 2 years and found that each case file
documented at least one defect that the office believed
would prevent successful prosecution of the case under
current law. Comparing the facts with the legal require-
ments for a successful prosecution, GAO found that the
Office of the Special Counsel had reasonable grounds to
close each case. GAO also found no evidence that the
whistleblowers in this sample fell victim to lack of
investigatory effort on the part of the office.

In assessing the need for stronger whistleblower protec-
tions, the Congress should considerthat the Office of the
Special Counsel is only one of the institutions involved in
deterring reprisals against legitimate whistleblowers.








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                                                                  GAO/G   -85-53
                                                                  MAY 10, 1985

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