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CONTACT: Kevin Berends
585.520.1025
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WASHINGTON, D.C. Time magazine reported that Carol M. Browner’s nomination Monday for the newly-created Energy Czar position, raises embarrassing questions in the Environmental Protection Agency’s employee relations history due to Ms. Browner’s loss in Coleman-Adebayo v. Carol Browner on charges of discriminating against employees based on sex and race, as well as retaliating against whistleblowers and denying them their civil rights. The announcement was 2 weeks ago just as the successful plaintiff in the case, Dr. Marsha Coleman-Adebayo, was illegally fired by the present EPA Administrator, one of Ms. Browner’s former assistant administrators.
Time quotes Coleman-Adebayo as saying Administrator Browner “…wasn’t at all sympathetic to complaints about civil rights abuses. We were treated like Negroes, to use a polite term. We were put in our place.” — Marsha Coleman-Adebayo, a former EPA employee whose complaints of a “racially toxic” environment there led to the signing of the Notification and Federal Employee Anti-Discrimination and Retaliation Act of 2001. (TIME, February 23, 2001)
“It is very disturbing to me on the heels of my being illegally fired,” said Dr. Coleman-Adebayo, “not fired for cause, not fired for performance issues, but because of health concerns —that the very woman I prevailed against in court is being elevated to a White House decision-level position—what message does this send to others in the Federal government who are considering exposing corruption or discrimination? Should government managers take comfort in the fact that employees can prevail against them in Federal court, Congress can unanimously condemn their leadership and pass a law to stop them, and they still may be tapped for a high level position?  How tragic.”
Coleman-Adebayo is referred to in Time’s reporting as the woman with “a streak of Rosa Parks,” for her staunch refusal to look the other way on criminal activities in an international mining operation in South Africa. When she reported retaliation, discrimination and the denial of her civil rights to then-Administrator Browner, Browner refused to intervene.  Before Coleman-Adebayo faced a federal jury, she was the target of death threats.  A jury verdict found in Coleman-Adebayo’s favor, awarding her the largest-ever cash judgement against the Agency. Ms. Browner never took any action against those the case exposed for wrong doing; even after Congress order her to do so. It wasn’t until Browner’s successor, Christine Todd Whitman—in her first act as EPA Administrator—announced that the verdict in Coleman-Adebayo v. Carol Browner would not be contested, that the agency  accepted responsibility in this historic case.
Congress, outraged at the deplorable conditions inside EPA, by unanimous votes in both chambers passed the No FEAR Act, the first civil rights law of the 21st century, with provisions to protect whistleblowers from retaliation and discrimination. The law mandates that the lessons in Coleman-Adebayo v. Carol Browner be required of all Federal employees every 2 years, to help break down the racial barriers exposed in the lawsuit. Dr. Coleman-Adebayo is widely considered to be among but a few standard bearers for the national whistleblower and civil rights movement. Her firing raises troubling questions as to whether this pattern of retaliation will stop under the Obama administration.  Whistleblowers around the country are following this case to see if EPA Administrator-designate Lisa Jackson is going to break from the Bush treatment of whistleblowers and reinstate Dr. Coleman-Adebayo.
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The Obama “Green Team”

December 16th, 2008
President Elect Barack Obama announced his ‘Green Team’ today at a press conference in Chicago. AAEA supports the president’s nominees because we believe newly elected officials deserve their cabinet picks. We support the nomination of Stephen Chu as Secretary of the U.S. Department of Energy and will provide a statement at his Senate confirmation hearing. We support Lisa P. Jackson as EPA Administrator and will provide a statement at her Senate confirmation hearing. We support Nancy Sutley as the new Chairwoman of the President’s Council on Environmental Quality (CEQ) and will provide a statement at her Senate confirmation hearing.
AAEA is breaking with our automatic support though in the case of Carol Browner until and unless she resolves her past with Marsha Coleman-Adebayo. The Energy Czar position does not require Senate confirmation. The exact role and duties of the office have yet to be established. It is sad though that Dr. Adebayo was fired from EPA during the same month Browner is receiving a post as Energy Czar. Unfortunately, Ms. Browner set the termination in motion a decade ago. We hope an Administrator Lisa Jackson will provide an appropriate settlement for Dr. Adebayo and permanently close this chapter of EPA’s history.
There are many extremely important energy, climate change and environmental issues facing us and we will be engaged in the debate and activities in this area. However, when a dedicated employee’s career is derailed and discrimination abuses are certified by the court and Congress, we have to draw a line [See No FEAR Act].
AAEA supports the Obama administration. We look forward to supporting and working with him to solve our nation’s energy, environmental and climate change problems.
Original article can be seen here

A Journalism 101 assignment: Google Coleman-Adebayo v. Carol Browner

 

 

WNN Washington—One would hope that with the end of the George W. Bush presidency, the journalism-bordering-on-propaganda that led to mea culpa from the NY Times for its coverage of the lead up to the invasion of Iraq—and that led the major television networks to name their broadcasts, “Operation Iraq Freedom,” “Shock and Awe,” and other clarions right out of the Pentagon—would be over. Yet since the election, whenever the name of Carol M. Browner has shown up in the news, it has been with some glowing praise, as in the Washington Post, that referred to her as “the obvious choice” for Energy and environmental Czar. AP went further and in their bandwagon article about Browner provided the links to John Podesta’s Center for American Progress, and Madelyn Albright’s the Albright Group and Albright Capital Management to bolster the hype for Ms. Browner, going as far as providing a direct link to the Environmental Protection Agency web site that had lots (and lots) of positive things to say about the former Administrator’s glowing record. This is all well and good for those organizations, because they have something at stake in Browner’s selection. The EPA, especially under departing and scandal-ridden Administrator Stephen Johnson, and the record of his predecessor’s compromised position on the toxicity of the Ground Zero air quality, quite understandably might devote considerable energy applying the corrective spin on—if not putting equal energy into—their administrators’ actual performances.

But what is the public to make of the Press’s performance here? You know, the one guaranteed under the First Amendment to the Constitution—the very first one. Presumably, the protections provided the Press therein are to guarantee the benefit of the general welfare—not corporate welfare. The founders knew that power, even power constricted by checks and balances, needs a watchful, skeptical eye trained on it to prevent excesses that would work against the general welfare. 

The McClatchy newspapers—quite unlike nearly every other repository of the 1st Amendment’s guarantees, when presented with specious arguments about weapons of mass destruction and all the other now widely rejected “evidence” the Bush administration trotted out at the Pentagon, State Department, Rose Garden and elsewhere—did what every freshman journalism student is taught to do: it looked at the arguments skeptically, and despatched its reporters—not to the exclusive circle of the press pool inside the government’s controlled PR confines—but the old fashioned way, by putting leather to the pavement and talking to underlings inside those spinning Agencies who had the inside story if not the boss’s authority to disseminate it. Meeting in restaurants with contacts they had developed over years, McClatchy was the only news organization that got the story right: that there were no WMD; that the yellow cake from Niger claim was bogus; that Saddam Hussein had nothing to do with 911. Not the NY Times, not the Washington Post, not the Tribunes. And especially not broadcast media. Their reporters were too impressed with themselves as they looked in the mirror in the morning knowing they were going to be on the inside with all the other privileged “main stream” reporters who worked for legitimate newspapers and networks to ask any but the highest ranking.

Let them tell that to the families of dead or maimed American service people who answered the clarion out of a sense of duty to country. Or to the families of hundreds of thousands of dead and maimed innocent Iraqi civilians.

It turns out the 1st Amendment is first and foremost a whistleblower amendment, giving to the Press, under the full protection of the Constitution, the capacity to follow a story line wherever it might go. So how do we explain, beyond journalistic hubris, professional mediocrity, or just plain laziness, the tendency of the press to sit dutifully in the press rooms while governmental officials spin a story (and service members and innocent civilians) to death? Getting back to the Carol Browner story, we might even allow that a much larger story—911—devoured it. After all, the whistleblower protection law that was a direct outgrowth of Coleman-Adebayo v. Carol Browner—the No FEAR Act—was slated to be voted on in Congress on September 11, 2001 but got bumped along with everything else that day in a very brutal way, when everyone on Capitol Hill went running for their lives. Its subsequent, unanimous approval in both Houses and signing into law by the President was well covered inside the beltway, primarily by the Washington Post. But for the vast majority of Americans, the significance of that law was subsumed by the larger 911 story and the subsequent war on terror coverage. So perhaps, in light of the Press snoozing on this one, a little refresher is in order.

Coleman-Adebayo v. Carol Browner is now mandated study for all Federal employees—required every 2 years in fact—for the abject lesson it teaches in bureaucratic mismanagement, malfeasance, and arrogance. The case exposes the way that government retaliation against whistleblowers, and the way that the government—as exemplified under Carol Browner’s tenure as EPA Administrator—denies employees their civil rights and discriminates against them on the basis of sex and race. It does not paint a pretty picture or make for fun reading, but Congress was so outraged at the findings of the jury in Coleman-Adebayo v. Carol Browner that it made instruction in these areas of the law required for all Federal workers in the hope of changing the culture inside the Federal bureaucracy.

Now, let’s suppose that in 1964 President-elect Lyndon Johnson, in carrying forward John F. Kennedy’s legacy in civil rights, had floated the name of say, Lester Maddox, to lead the charge with the Civil Rights Act. Do you suppose any of the reporters of that age would have noticed? Do you think that his name would have been floated as “the obvious choice” for Civil Rights Czar in any main stream media? Despite the friends Ms. Browner has in the very rarified air of the American political aristocracy who channel abundant resources into the kinds of nicey-nice fluff we see in the stories offered as background for Ms. Browner’s appointment, don’t the media have considerable assets as well? Wouldn’t editors, presumably having paid dues in the trenches as reporters, expect of the journalists under their supervision their due diligence and perform at least a perfunctory search into the background of a nominee—especially in this case, an appointment without the usual Congressional oversight, hearings, and legal clout to stop it—because of its sweeping implications for all Americans? Not to mention the chilling effect Ms. Browner’s appointment would have on whistleblowers who remember the way they were treated under her supervision.

For any reporters who feel a particular sense of guilt or owing to the rest of the American people for the media’s pathetic performance during the lead up to the Iraq tragedy, here’s a simple exercise you might consider as recompense:  Google <Coleman-Adebayo v. Carol Browner>. Then report what you find.

Are you a current or former Federal employee who has been or are currently being intimidated, retaliated against, or are experiencing discriminatory practices within the Federal bureaucracy?

If so, please contact: nofearcoalition@aol.com .

STOP THE PURGE!

December 7th, 2008

Soviet-style Purge in Final Days of Bush Administration:

The Silent Coup d’etat

By David Swanson

http://www.afterdowningstreet.org/stopthepurge

Half the story has been told. On Tuesday the Washington Post reported that Bush is creating civil service positions for loyal appointees, in order to make it hard for Obama to get rid of them.

Bush has also, for some time now, been terminating large numbers of employees in the federal government, people known as whistleblowers, people suspected of disloyalty. Some of the higher profile cases are well known.

But there is more to the story. And it follows the strategy described in Thomas Frank’s recent book, “The Wrecking Crew.” I’ve been given what is believed to be a very incomplete list of 33 names of people terminated or forced to resign. These people are being forced into the ranks of the unemployed. They include, by salary ranking, 13 people classified as GS-15 or GS 14, and another 20 GS-13s and GS-12s. Some of these people do not want their names made public. Others are perfectly happy to talk. They include: Read more »

This past May the No FEAR Institute successfully convened the 2nd annual No FEAR Tribunal and Walter E. Fauntroy Award Reception on Capitol Hill in Washington, DC.

The tribunal paid to Dr. Martin Luther King, Jr., on the 40th anniversary of his assassination. Dr. King is the world’s most revered whistleblower. He blew the whistle on the United States government — corruption, lies, racism, & the Vietnam War.

The goals of the 2008 Tribunal were to host hearings to gather information about allegations of mismanagement, wrongdoings, blatant discrimination, reprisal against civil rights filers, and to push for relavent legislation. www.w3conference.org Pending Civil Rights & Whistleblower Legislation 1. HR 4650 Congressional Disclosure Protection Act, introduced Jan 2008 Albert R. Wynn. Designed to protect workers against whistleblower retaliation if they exercise their constitutional rights to talk to Congress. 2. HR 1540 U.S. Civil Rights Tax Relief Bill, introduced May 2007 by Rep. John Lewis - 50 cosponsors.

This legislation would prevent the IRS from taxing compensatory damages awarded to complainants. The IRS often takes half of the award back in taxes! The Civil Rights Tax Relief Act would end that. 3. HR 6780 Notification of Federal Employees Anti-discrimination & Retaliation Act II introduced August 2008 by Rep, Sheila Jackson Lee - 8 co-sponsors. Designed to enhance & strengthen No Fear I by defining what disciplinary action must be taken by employers who violate workers civil rights in retaliation for filing claims, left undefined in No Fear I. For information 301 320-3021

Iraq War veteran describes his treatment by the military after he filed for discharge as a conscientious objector.

A brief excerpt of Mr. Salizar’s testimony befor the W3 Tribunal in May, 2008. Congresswoman Sheila Jackson Lee and No FEAR Institute Chaiman, Rev. Walter E. Fauntroy head a panel investigating alleged governmental waste, fraud and abuse at the 2nd Annual Whistleblower Week in Washington (W3) conference convened by NFI.

The NoFEAR Institute convenes W3 with a public Tribunal in mid-May to commemorate the signing of the NoFEAR Act (Notification of Federal Employees Anti-discrimination and Relatiation) into law as the 1st Civil Rights law of the 21st Century.

Statement by Martin Salazar:

The False Incarceration of Martin F. Salazar

My Name is Martin F. Salazar and I am going to prison as a result of entering into a written and signed settlement agreement between the U.S Department of Energy (the Agency) and me. Read more »

Congresswoman Sheila Jackson Lee and No FEAR Institute Chaiman, Rev. Walter E. Fauntroy head a panel investigating alleged governmental waste, fraud and abuse at the 2nd Annual Whistleblower Week in Washington (W3) conference convened by NFI. The NoFEAR Institute convenes W3 with a public Tribunal in mid-May to commemorate the signing of the NoFEAR Act (Notification of Federal Employees Anti-discrimination and Relatiation) into law as the 1st Civil Rights law of the 21st Century.

Iraq Veterans Against the War testify before a panel convened by NoFEAR Institute Chairman, the Rev. Walter E. Fauntroy in this first video of witnesses who came from all across America to blow the whistle on governmental waste, fraud, and abuse.

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