The U.S. Office of Special Counsel (OSC) today announced a settlement agreement that OSC facilitated between U.S. Customs and Border Protection (CBP) and a whistleblower, including significant compensatory damages for retaliation after he disclosed safety issues involving CBP's helicopter fleet.
Whistleblower Retaliation:
The whistleblower, a now-retired safety director within CBP's Air and Marine Operations (AMO), filed a disclosure with OSC alleging agency misconduct and alleged that he faced retaliation for making the disclosure. OSC's investigation found credible evidence that AMO retaliated against the whistleblower by creating a hostile work environment resulting in significant changes to his working conditions. OSC found a then-executive director repeatedly disparaged the whistleblower to his subordinates, peers, and managers, and expressed hostility toward the whistleblower's disclosures and the complaint the whistleblower filed with OSC. Other managers allowed the executive director's retaliatory, chilling behavior and failed to adequately respond to the whistleblower's pleas for assistance. In a negotiated settlement agreement, the whistleblower received significant compensatory damages.
Whistleblower Disclosure:
The whistleblower disclosed to OSC that a majority of AMO's helicopter fleet lacked required crash resistant fuel tanks in violation of operational requirements. The whistleblower also alleged that the executive director improperly ordered the removal of critical information from an Aircraft Mishap Report concerning the crash of a helicopter in the spring of 2021, to reduce the potential for negative press coverage and the agency's exposure to legal liability.
OSC referred the allegations to CBP, and the investigation confirmed that approximately 81 helicopters in the fleet do not have crash resistant fuel tanks. However, the report explained that helicopters certified prior to October 1994 are not subject to the crash resistant requirements because the FAA did not make the rule retroactive. The investigation also substantiated the whistleblower's allegation that then executive director had directed that critical information be removed from the Aircraft Mishap Report, stating that it represented a “litigation hazard."
In response, CBP requested that U.S. Coast Guard conduct an independent review of AMO's safety and crash investigation policies and procedures. In addition, AMO's Training, Safety, and Standards Directorate revised the policy and standard operating procedures regarding accident investigations to ensure better communication between safety officers and executive leadership.
Special Counsel Hampton Dellinger offered credit and thanks to the OSC attorneys who worked on this matter, including Lisa Thomas, David Tuteur, Sheri Shilling, and Rachel Venier.
***