August, 26 2010, 03:12pm EDT
For Immediate Release
Contact:
Dylan Blaylock, Communications Director
202.457.0034, ext. 137,
dylanb@whistleblower.org
Judge Rules D.C. Whistleblower Law Retroactively Applies to Cases
D.C. Fire Department Whistleblower Case Opens Door for Previously Barred Claims
WASHINGTON
A decision by a Superior Court
Judge last week, involving the case of a whistleblower from the Washington, D.C.
Fire & Emergency Medical Services (FEMS) department, may help open the door
for a slew of whistleblower cases from current/former District employees to be
brought against the city.
Theresa Cusick served as FEMS General Counsel until
2007, when she informed an Assistant U.S. Attorney that a FEMS officer had a
conflict of interest in working with the Office of the U.S. Attorney (USA).
Cusick also blew the whistle to the D.C. Office of Inspector General (DC-OIG)
that Assistant D.C. Fire Chief Brain Lee illegally prohibited her from
communicating with either DC-OIG or USA regarding the officer under
investigation. (A full
background of Cusick's case appears below)
Cusick brought suit in September 2008 under the
District's Whistleblower Protection Act (DCWPA), seeking reinstatement to
her former position and damages. Recently, attorneys for the District sought
dismissal of the case claiming, in part, that Cusick violated D.C. Code SS12-309
by failing to timely notify the District of her whistleblower claim within six
months after the circumstances giving rise to her lawsuit.
However, recent amendments to the DCWPA,
effective March 2010, abolished this notice requirement after city lawmakers
recognized that the short time period for notification was a significant
impediment to whistleblowers. Last week, Senior Superior Court Judge Leonard
Braman held that the repeal of the notice requirement in the WPA should be applied retroactively.
"This is a great victory for D.C. employees who
have suffered retaliation for whistleblowing," stated GAP Senior Counsel
Richard Condit, a lawyer for Cusick. "This means that District employees
and their lawyers - who may have previously believed that the notice
requirement barred a claim under the DCWPA - should absolutely reconsider
whether the claim can be brought."
The Court summarized its analysis of the issue as
follows:
...the
Court is of the view that the statutory notice provision, section 12-309, was
repealed, that not only was it -- was the amendment a repealer of the previous
provision that made the statutory notice provision applicable to the
Whistleblower's Act but that the law of the District as declared in the
Montgomery case and cases cited in the Montgomery case [590 A.2d at 162], based
upon the legislative history of the amendment to the Whistleblower's Act as
stated in the committee report, based upon the Uniform Law Commissioner's Model
Statutory Construction Act, all of these authorities constrain the Court to apply the amendment
notwithstanding that this case was pending before the amendment. [emphasis added]
The transcript of the hearing, Cusick v. District of Columbia, Civil No.
08-6915 (MPA) can be
viewed here (the passage above appears on page 35).
Under Chief Dennis Rubin, FEMS has exhibited a pattern
of retaliation against fire department personnel. Retaliatory actions under the
Rubin administration include ordering a fire department captain to undergo a
psychological evaluation after she raised concerns regarding the management
practices of certain Fire and EMS high-ranking officials, the involuntary
reassignment of fire investigators who blew the whistle on Fire/EMS failures in
investigating the 2007 fire in Eastern Market, and the termination of a
firefighter following his testimony at a D.C. City Council hearing.
Background on Theresa Cusick
Theresa Cusick is a former senior attorney of the
District of Columbia Office of the Attorney General (OAG) who served as the
General Counsel of FEMS from June 1998 to June 2007. While serving as General
Counsel, Cusick blew the whistle to an Assistant U.S. Attorney (AUSA) that a
FEMS officer in the Fire Prevention Division was being investigated by the
DC-OIG for his alleged involved in a cheating scandal in the FEMS Training
Academy. She advised the
AUSA that this EMS officer should not be
involved in an unrelated criminal investigation involving a fire inspector in
the Fire Prevention Division. Her concern was that FEMS, or the Office of the
U.S. Attorney for the District of
Columbia, should not rely on the officer under
investigation until he was cleared of any involvement in the scandal.
Cusick also blew the whistle to the DC-OIG, the D.C.
OAG and to D.C. Fire Chief Dennis Rubin that she was given an illegal order by
Assistant Fire Chief Brain Lee, prohibiting her from communicating with DC-OIG
and the AUSA regarding the officer under investigation. Subsequent to her
whistleblowing and upon request by Chief Rubin, the OAG removed Ms. Cusick from
her position as FEMS General Counsel. The controversy surrounding Chief
Rubin's request for Cusick's removal is revealed, in part, in sworn
deposition testimony given by Chief Rubin. A GAP
produced video of a portion of this deposition was released
earlier this year.
After her removal from FEMS, Cusick was given a
temporary position within the OAG with the promise from the Chief Deputy
Attorney General, Eugene Adams, that he would assist her in securing permanent
employment within the OAG. However, Cusick was never offered a permanent
position, ultimately ending her career as a senior attorney with OAG.
The Government Accountability Project (GAP) is a 30-year-old nonprofit public interest group that promotes government and corporate accountability by advancing occupational free speech, defending whistleblowers, and empowering citizen activists. We pursue this mission through our Nuclear Safety, International Reform, Corporate Accountability, Food & Drug Safety, and Federal Employee/National Security programs. GAP is the nation's leading whistleblower protection organization.
LATEST NEWS
Watchdog Urges FEC to Investigate Trump Campaign Over Scheme for Legal Fees
"By not disclosing the vendors that actually provided legal services, the Trump-affiliated committees effectively blocked the public from knowing which attorneys and firms are being paid—and how much."
Apr 24, 2024
A campaign finance watchdog on Wednesday filed a Federal Election Commission complaint accusing former President Donald Trump's 2024 campaign, affiliated political groups, and an accounting firm of violating U.S. law in a scheme "seemingly designed to obscure the true recipients of a noteworthy portion of Trump's legal bills."
The Washington, D.C.-based Campaign Legal Center (CLC) said that "evidence appears to show an illegal arrangement between several Trump-affiliated committees and a compliance firm named Red Curve Solutions that is designed to obscure the identities of those providing legal services and how much they are being paid."
"Voters have a right to know how the presidential campaigns and other committees supporting presidential candidates spend their money."
CLC alleges that the Trump campaign, Trump's political action committee (PAC) Save America, and three affiliated organizations "violated federal reporting requirements based on a scheme in which the committees reportedly paid over $7.2 million—described as 'reimbursement for legal' costs or expenses"—to Red Curve.
The watchdog also said that Red Curve appears to be "making or facilitating illegal contributions that violate either federal contribution limits or the prohibition on corporate contributions."
According to CLC:
Red Curve is a domestic limited liability company that offers compliance and FEC reporting services but does not appear to offer any legal services. It is managed by Bradley Crate, who also serves as the treasurer for each of the five Trump-affiliated committees concerned in this complaint, as well as over 200 other federal committees.
According to filings with the FEC, Red Curve appears to have been fronting legal costs for Trump since at least December 2022, with Trump-affiliated committees repaying the company later. This arrangement appears to violate FEC rules that require campaigns to disclose not only the entity being reimbursed (here, Red Curve) but also the underlying vendor. By not disclosing the vendors that actually provided legal services, the Trump-affiliated committees effectively blocked the public from knowing which attorneys and firms are being paid—and how much they are being paid—through this arrangement.
"Voters have a right to know how the presidential campaigns and other committees supporting presidential candidates spend their money," CLC senior director of campaign finance Erin Chlopak said in a statement. "When campaigns and committees obscure that information from the public, not only do they make it difficult to determine if the law has been violated, but they deny voters the ability to make an informed choice when casting a ballot."
"The steps taken by the Trump campaign, its affiliated committees, and Red Curve Solutions concealed information about how campaign funds were used to pay former President Trump's legal expenditures, including the amounts and ultimate recipients of these expenditures—and the FEC must investigate immediately," Chlopak added.
Trump—who is the presumptive 2024 GOP presidential nominee—faces 91 federal and state felony charges related to his role in the January 6 insurrection and his organization's business practices. He is currently on trial in New York for allegedly falsifying business records related to hush money payments to cover up sex scandals during the 2016 election cycle. The twice-impeached former president has been open about his use of campaign donations to pay his legal costs.
The new CLC filing comes a day after the watchdog filed separate FEC complaints urging investigations into a pair of Trump-affiliated "scam PACs," which "pretend to fundraise for major candidates or issues while secretly diverting almost all of their donors' money back into fundraising or the fraudsters' own pockets."
Keep ReadingShow Less
'One Step Closer': Arizona House Votes to Repeal 1864 Abortion Ban
"With a total ban still set to take effect June 8, the Arizona Abortion Access Act is needed now more than ever," one state campaigner said of a November ballot measure.
Apr 24, 2024
Three Republicans in the Arizona House of Representatives on Wednesday joined with Democrats to advance legislation that would repeal an 1864 ban on abortion—a development rights advocates welcomed while stressing that the fight is far from over.
The 32-28 vote on House Bill 2677—with GOP Reps. Tim Dunn (25), Matt Gress (4), and Justin Wilmeth (2) voting in favor—was the third attempt in as many weeks to pass repeal legislation since the Arizona Supreme Court upheld the ban.
"The state Senate could vote on the repeal as early as next Wednesday, after the bill comes on the floor for a 'third reading,' as is required under chamber rules," according toNBC News. Democratic Gov. Katie Hobbs on Wednesday toldThe Washington Post that "I am hopeful the Senate does the right thing and sends it to my desk so I can sign it."
Applauding the House passage of H.B. 2677, Planned Parenthood Advocates of Arizona president and CEO Angela Florez said that "today, Arizona is one step closer to repealing the state's Civil War-era total abortion ban. While the repeal still must pass the Senate, this is a major win for reproductive freedom."
"We must celebrate today's vote in support of abortion rights and harness our enthusiasm to spread the word and urge lawmakers in the Senate to support this necessary repeal bill," she continued. "Despite this step forward, Arizonans cannot stop fighting."
Florez noted that "even with the repeal of the Civil War-era ban, the state will still have a ban on abortion after 15 weeks of pregnancy that denies people access to critical care. And lawmakers continue to attack Arizonans' ability to access reproductive healthcare. Our right to control our bodies and lives is hanging on by a thread."
"Thankfully, voters will have the opportunity to take back control if the Arizona Abortion Access Act is on the ballot this November," she added. "Abortion bans are out-of-step with the will of Arizonans and will force pregnant people to leave their communities for essential healthcare. Planned Parenthood Advocates of Arizona will continue fighting to ensure everyone has the right to make decisions about their health and futures."
The Arizona Abortion Access Act is a proposed state constitutional amendment that would prevent many limits on abortions before fetal viability and safeguard access to care after viability to protect the life or physical or mental health of the patient.
The coalition supporting the amendment, Arizona for Abortion Access, highlighted on social media that the House-approved bill "did not include the emergency clause required to stop the 1864 ban from taking effect on June 8," meaning H.B. 2677 wouldn't apply until 90 days after the end of the legislative session.
Coalition campaign manager Cheryl Bruce said that "with a total ban still set to take effect June 8, the Arizona Abortion Access Act is needed now more than ever. We remain committed to taking these decisions out of the hands of extremist politicians."
Arizona is one of multiple states where rights advocates are promoting abortion rights ballot measures this cycle. Reproductive freedom is also dominating political races at all levels, including the presidential contest. Democratic President Joe Biden is set to face former Republican President Donald Trump in November.
"Donald Trump is responsible for Arizona's abortion ban. Women in the state are still living under a ban with no exceptions for rape or incest and have been stripped of the freedom to make their own healthcare decisions," said Julie Chávez Rodriguez, Biden and Vice President Kamala Harris' reelection campaign manager.
While the presumptive GOP nominee has tried to distance himself from the Arizona Supreme Court's reinstatement of a 160-year-old abortion ban, he has also campaigned on his three appointees to the U.S. Supreme Court who helped reverse Roe v. Wade.
"Trump brags that he is 'proudly' the person responsible for these bans and if he retakes power, the chaos and cruelty he has created will only get worse in all 50 states," Chávez Rodriguez said. "President Biden and Vice President Harris are the only candidates who will stop him."
Keep ReadingShow Less
US Dodges Growing Calls for Probe of Mass Graves at Gaza Hospitals
"Somehow I don't think the U.S. State Department would defer to Russia as a credible source to investigate itself if a mass grave were discovered in Ukrainian territory it had occupied," said one legal expert.
Apr 24, 2024
While continuing to give Israel billions of dollars in support to wage war on the Gaza Strip, the Biden administration this week has declined to join the growing global demands for an international probe into mass graves discovered at hospitals in the besieged Palestinian enclave.
Two journalists on Tuesday questioned Vedant Patel, a spokesperson for the U.S. State Department, about the administration's response to the hundreds of bodies found at Gaza City's al-Shifa Hospital and Nasser Hospital in Khan Younis as well as United Nations High Commissioner for Human Rights Volker Türk's call for an independent investigation.
"Would you support such an independent investigation?" Said Arikat asked during a press briefing. Patel responded, "Right now, Said, we are asking for more information... That is squarely where we are leaving the conversation."
Patel added that "I don't have any details to match, confirm, or offer as it relates to that. We're aware of those reports, and we have asked the government of Israel for additional clarity and information. And that's where I'm at."
When Said asked a follow-up about potential U.S. support for a probe, Patel reiterated that the administration is awaiting information from the Israeli government.
Later, Niall Stanage asked Patel to explain U.S. "resistance" to supporting a probe, the spokesperson insisted that "it's not about resistance to this particular situation, it is me not wanting to speak in detail about something which Said posed as a hypothetical question when, from the United States' perspective, I don't have any additional information on this aside from the public reporting."
After Patel again stressed that the administration has asked Israel for more information, Stanage inquired, "And do you believe the government of Israel is a credible source in enlightening you?"
The spokesperson interrupted Stanage to say, "We do."
While supporting the six-month Israeli assault on Gaza that the International Court of Justice has found to be plausibly genocidal, the Biden administration is also arming Ukrainians' resistance to a Russian invasion. Brian Finucane, a senior adviser for the Crisis Group's U.S. program and a former legal adviser at the State Department, pointed to the latter.
"Somehow I don't think the U.S. State Department would defer to Russia as a credible source to investigate itself if a mass grave were discovered in Ukrainian territory it had occupied," Finucane said on social media in response to Stanage's questioning.
Meanwhile, European Union spokesperson Peter Stano made clear Tuesday that the E.U. supports an independent probe.
"This is something that forces us to call for an independent investigation of all the suspicions and all the circumstances, because indeed it creates the impression that there might have been violations of international human rights committed," Stano said. "That's why it's important to have independent investigation and to ensure accountability."
Human rights groups around the world joined the call for an independent investigation on Wednesday, as the official death toll in Gaza hit 34,262 with 77,229 people injured and thousands more missing and presumed dead beneath the rubble.
In an Arabic statement translated by Al Jazeera, the Euro-Mediterranean Human Rights Monitor said that the number of bodies found in the mass graves is "alarming, and requires urgent international action, including the formation of an independent international investigation committee."
The group added that some of those killed were subjected to "premeditated murder as well as arbitrary and extrajudicial executions while they were detained and handcuffed."
Amnesty International senior director of research, advocacy, policy, and campaigns Erika Guevara Rosas said in a statement that "the harrowing discovery of these mass graves underscores the urgency of ensuring immediate access for human rights investigators, including forensic experts, to the occupied Gaza Strip to ensure that evidence is preserved and to carry out independent and transparent investigations with the aim of guaranteeing accountability for any violations of international law."
"Lack of access for human rights investigators to Gaza has hampered effective investigations into the full scale of the human rights violations and crimes under international law committed over the past six months, allowing for the documentation of just a tiny fraction of these abuses," she noted. "Without proper investigations to determine how these deaths took place or what violations may have been committed, we may never find out the truth of the horrors behind these mass graves."
Guevara Rosas continued:
Mass grave sites are potential crime scenes offering vital and time-sensitive forensic evidence; they must be protected until professional forensic experts with the necessary skills and resources can safely carry out adequate exhumations and accurate identification of remains.
The absence of forensic experts and the decimation of Gaza's medical sector as a result of the war and Israel's cruel blockade, along with the lack of availability of the necessary resources for the identification of bodies such as DNA testing, are huge obstacles to the identifications of remains. This denies those killed the opportunity to have a dignified burial and deprives families with relatives missing or forcibly disappeared the right to know and to justice—leaving them in a limbo of uncertainty and anguish.
Noting that the International Court of Justice directed Israel to preserve evidence in its initial genocide case order, Guevara Rosas said that "amid a total vacuum of accountability and mounting evidence of war crimes in Gaza, Israeli authorities must ensure they comply with the ICJ ruling by granting immediate access to independent human rights investigators and ensuring that all evidence of violations is preserved."
"Third states must pressure Israel to comply with the ICJ orders by allowing the immediate entry into the Gaza Strip of independent human rights investigators and forensic experts, including the U.N.-appointed Commission of Inquiry and investigators of the International Criminal Court," she added. "There can be no truth and justice without proper, transparent independent investigations into these deaths."
Keep ReadingShow Less
Most Popular