Recommendation: The Special Counsel should review and revise as appropriate, its policy for agency extension requests. (Recommendation 1)
Agency: Office of Special Counsel
Status: Open
Comments: OSC is revising its practice of granting extensions when the agency provides a plausible explanation for the delay. Instead, OSC will be informing agencies at the outset of the referral that, with few exceptions, extension requests are less likely to be granted. OSC will also be communicating that failure to produce an investigative report within the statutory timeframe will result in notification of the agency's failure to the President and congressional committees under 5 U.S. C. 1213(c) (4). According to OSC, this new practice will be reflected in standard operating procedures for the OSC Disclosure Unit that the agency is currently revising.
Recommendation: The Special Counsel should communicate expected processing timelines to whistleblowers. (Recommendation 2)
Agency: Office of Special Counsel
Status: Open
Comments: OSC has incorporated explicit language in its acknowledgement letters to whistleblowers that investigations may exceed the statutory timeframe. OSC has also now implemented a standard operating procedure of adhering to the 45-day timeframe for making a substantial likelihood determination under 5 U.S.C. 1213(b). According to OSC, it will be revising its acknowledgement letters to whistleblowers to reflect that OSC expects to make a referral determination within 45 days.
Recommendation: The Special Counsel should develop, document, and implement case processing procedures for OSC's Complaints Examining Unit, including procedures for how cases are prioritized, how to take favorable actions, how to balance obtaining favorable actions with meeting staff productivity expectations, and how cases should be reviewed by supervisors. (Recommendation 3)
Agency: Office of Special Counsel
Status: Open
Comments: The Special Counsel convened an Effectiveness and Efficiency Working Group tasked with evaluating every unit's case process activities. The group issued recommendations in the spring of 2018, after which the Special Counsel announced a significant reorganization of OSC in the spring of 2018. Specifically, effective October 1, 2018, OSC created a new Intake Unit and merged the headquarters CEU with the Investigations and Prosecution Division (IPD). According to OSC, it continues to develop standard case processes, including procedures for prioritizing cases, obtaining favorable actions, establishing qualitative and quantitative performance expectations, and reviewing cases.
Recommendation: The Special Counsel should identify and implement additional controls and tools needed to ensure closed case files can be tracked and located efficiently. (Recommendation 4)
Agency: Office of Special Counsel
Status: Open
Comments: The Clerk of OSC has identified and is implementing the following controls and tools needed to ensure closed case files can be tracked and located efficiently: (1) creation and utilization of file plans according to the OSC disposition scheduled for each unit (including inventory of records); (2) creation of an Archives and Records Centers for Information Sharing (ARCIS) account to manage functions related to OSC's Electronic Records Management System (ERMS), including retiring temporary records to the Federal Records Center (FRC), transmitting and tracking records requests to FRC, and transferring permanent records to the National Archives and Records Administration. According to OSC, the Clerk is further establishing policies and procedures, as well as staff training, for records retention, including but not limited to routine evaluations and assessments. OSC employs FOIA Xpress to locate open and closed cases in response to records requests under the Freedom of Information Act.
