A congressional committee is currently investigating allegations of hostile working conditions at VA Loma Linda, while a recent federal report sheds light on the increasing number of whistleblower retaliation complaints within the Department of Veterans Affairs.
According to a May report from the Government Accountability Office, 69% of Prohibited Personnel Practices (PPPs) cases assigned for investigation by a federal watchdog agency from 2018 to 2022 involved allegations of whistleblower retaliation. PPPs include activities such as discrimination, retaliation, and improper hiring. The report also reveals that the number of PPP cases with whistleblower allegations has been on the rise over the past five years.
During a four-year period, the Office of Special Counsel took an average of approximately 190 days to investigate VA cases involving whistleblower retaliation allegations, as stated in the report. However, only about 5% of the VA’s PPP cases with whistleblower retaliation allegations were resolved in favor of the whistleblower during that same period. The majority of whistleblower retaliation claims from VA employees were closed due to lack of sufficient evidence.
Unacceptable Retaliation
Terrence Hayes, spokesperson for Veterans Affairs Secretary Denis McDonough, emphasized that any form of retaliation towards whistleblowers is unacceptable. Hayes added that the VA is committed to creating a culture where every employee feels empowered to raise concerns without fear of reprisal. The VA is actively providing whistleblower rights and protections training to managers, supervisors, and employees, along with communicating the remedies available to those who believe they have experienced retaliation.
Concerns about VA Loma Linda
However, some whistleblowers at VA Loma Linda express disappointment over the promotion of Martin Robles, a grounds department supervisor, despite a federal investigation recommending his termination due to intimidating, bullying, and threatening behavior. These whistleblowers are discouraged and fear reporting wrongdoing due to witnessing the retaliation experienced by others. The culture at VA Loma Linda discourages the filing of formal complaints against retaliatory bosses, leaving employees feeling powerless.
A significant number of VA Loma Linda whistleblowers have reached out to the Southern California News Group, although many are hesitant to publicly discuss their allegations out of fear of losing their jobs.
Protecting the Institution
Darin Selnick, a senior adviser to Concerned Veterans for America, believes that the VA has cultivated a culture where bad managers are shielded and whistleblowers are marginalized and harassed. He states that bad VA employees are not fired but rather reassigned, and that the institution prioritizes its own interests over those of veterans.
U.S. Rep. Jay Obernolte recently met with officials from VA Loma Linda to discuss new allegations of retaliation, harassment, and hostile working conditions, as the House Veterans Affairs Committee’s investigation expands.
Legislation for Accountability
The Department of Veterans Affairs Accountability and Whistleblower Protection Act, signed into law in 2017, granted the VA enhanced authority to terminate employees at all levels, expedite the removal process, and prevent terminated employees from receiving payroll during appeals. It also facilitated the removal of underperforming senior executives and established the VA’s Office of Accountability and Whistleblower Protection.
In April, the VA suspended the use of the Accountability and Whistleblower Protection Act due to a report from the Office of Inspector General that indicated the legislation was ineffective.
Joe Spielberger, policy counsel for Project On Government Oversight, suggests that the VA’s history of whistleblower retaliation, toxicity, and scandal reflects a significant failure of leadership. Spielberger believes that placing the Office of Accountability and Whistleblower Protection within the VA hindered its independence from agency leadership and created a conflict of interest when addressing these issues.
New Accountability Legislation
Recently, the Restore Department of Veterans Affairs (VA) Accountability Act was introduced by House Committee on Veterans’ Affairs Chair Mike Bost and a bipartisan group of lawmakers. This bill aims to bolster the VA’s authority to swiftly and fairly discipline problematic employees and hold them accountable. It includes provisions to uphold VA decisions supported by substantial evidence on appeal, eliminate the requirement for a performance improvement plan prior to disciplinary action, and provide expedited removal, demotion, or suspension authority for all categories of VA employees.
“In order to best serve veterans, the VA Secretary must have the authority to quickly and fairly remove, demote, or suspend bad employees who undermine the quality of services that our veterans deserve,” stated Bost. He added that numerous whistleblowers have reported that the actions of bad VA employees negatively affect care and employee morale.
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