FederalDaily - January 18, 2006
IT Employee Received Law Enforcement Pay
The Office of Special Counsel (OSC) has filed a petition for corrective action
with the Merit Systems Protection Board (MSPB) against the Department of Homeland
Security (DHS) . OSC’s petition, filed on Jan. 9, alleges that the DHS
Office of Border Patrol unlawfully granted an unauthorized preference during
competition for promotions to border patrol agent Michael Knowles ; and also
unlawfully assigned Knowles duties outside his position of record and authorized “administratively
uncontrollable overtime pay.” According to the complaint, Knowles has
been assigned to work outside of his position of record as a border patrol
agent since approximately 1990, when he was assigned to work exclusively on
setting up computers and other telecommunication equipment. OSC said while
Knowles worked in the technology field for the next 14 years, he continued
to receive law enforcement pay and benefits.
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Federal Public Service Announcements Evaluated
The seven federal agencies with the most prevalent use of public service announcements
(PSAs) obligated a combined $152 million toward PSAs between fiscal years 2003
and 2005, a recent Government Accountability Office (GAO) survey found. GAO
surveyed the Departments of Commerce, Defense, Health and Human Services, Homeland
Security, Interior, Treasury and Veterans Affairs. The most common PSA methods
utilized were radio, television, Internet and newspaper advertisements. Between
the seven departments there were 105 campaigns during the evaluated time period.
Of that total, 47 were reviewed, with 41 being determined “successful” and
no results for the remaining six. Campaigns were used for various agendas,
including military recruitment, public health and outdoor recreation safety.
The full report is available at www.gao.gov/new.items/d06304.pdf.
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Rising Costs Force Army to Cancel Contract
The Army has cancelled an expensive development contract for its Aerial Common
Sensor—a fleet of high tech intelligence and surveillance aircraft—because
of rising costs and missed schedules. Lt. Col. Steven Drake, product manager
for Aerial Common Sensor, said that the Army expects to recompete the contract “as
early as 2009.” The move has drawn concern from Rep. Curt Weldon, R-Pa.,
vice chairman of the House Armed Services Committee. “I am both disappointed
and concerned by this announcement, largely because it took the Army over a
year to realize that they had severely underestimated the ACS payload, and
wasted millions of dollars in the process,” said Weldon. The original
contract, awarded to Lockheed Martin, was to last 66 months and cost $879 million.
However, estimates showed that an additional two years and $800 million would
have been required to complete the work.
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American Airlines Accused of Violating USERRA
The Department of Justice (DOJ) on Jan. 13 announced the filing of a lawsuit
against American Airlines, Inc., alleging violations of the Uniformed Services
Employment and Reemployment Rights Act of 1994 (USERRA). DOJ alleged that American
Airlines violated USERRA by denying pilots Mark Woodall, Michael McMahon and
Paul Madson employment benefits during their military service. Woodall and
McMahon serve as pilots in the Naval Reserve. Madson serves as a pilot in the
South Dakota Air National Guard. The complaint alleges that American Airlines
conducted an audit of the leave taken for military service by its pilots in
2001. The complaint further alleges that based on the results of that audit,
American Airlines reduced the employment benefits of those of its pilots who
had taken military leave, while not reducing the same benefits of those of
its pilots who had taken similar types of non-military leave.
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