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DepRRTIUeNT oF Verenlrus ArrnIRsOffice of lnspector GeneralP.O. Box 50410Washington DG 20091-041 0

ln Reply Refer To: 53E/DSApril 14,2009Mr. Oliver Mitchell, lllP.O. Box 1912Long Beach, CA 90801Dear Mr. Mitchell:This concerns your corresponcience dateci March 24, 2009, to the Oftice of lnspectorGeneral.Based on the information you provided regarding alleged quality of care issues, we wouldlike to ask the Department to conduct an inquiry into your allegations. However, it maybecome apparent who made the allegations. lf you agree to the release of your identity,please complete the enclosed form along with the name of the employee who wasallowed to attend class during her tour-of-duty, more specific information in regards tothe cancellation of MRI appointment, improper storage of patient data and fax it lo 202-565-7936, Attention Representative 86, or mail it in the envelope provided.lf you believe you have been the subject of reprisal action for reporting fraud orwrongdoing in your workplace, you may have protections through the Office of SpecialCounsel (OSC). This independent agency enforces whistleblower protections andcertain other improper personnel action within the Federal government. You may contactOSC toll-free at 800-872-9855, or you may write to OSC at 1730 M Street NW, Suite300, Washington, DC 20036.The Whistleblower Protection Act of 1989 established the Office of Special Counsel(OSC) as a separate entity to examine allegations of prohibited personnel practices,including alleged reprisal for Whistleblowing. We are enclosing a copy of a Reprisal forWhistleblowing fact sheet for your information. lf you believe a personnel action hasbeen taken against you because of any whistleblowing, you may contact OSC at (800)872-9855 or you may write to them at:lf you have not responded to this request by May 14,2009, we will consider this matterclosed and will take no further action.U.S. Office of Special Counsel1730 M Street, NWSuite 300Washington, DC 20036-4505Sincerely,--c-/4476.,,CHRISTINA A. LAVINEDirector, Hotline DivisionEnclosures

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COMPLAINTS OFREPRISAL FOR WHISTLEBLOWINGlf you believe you have suffered reprisal for whistleblowing, there are certain facts youshould be able to establish. The purpose of this outline is to familiarize you with thekinds of information you must present to successfully pursue your complaint. We ll startwith some definitions and then pose some specific question for your consideration.

DEFINITIONSReprisal is to take or fail to take or threaten to take or fail to take a personnel actionbecause an employee or applicant for employment engaged in whistleblowing.Whistleblowing is any disclosure of information by an employee or applicant foremployment whiclr the ernployee or applicant reasonably believes evidences a violationof law, rule, or regulation; or, gross mismanagement, a gross waste of funds, and abuseof authority, or a substantial and specific danger to public health or safety, provided thatthe disclosure of information is not specifically prohibited by law or the information is notspecifically required by Executive order to be kept secret in the interest of nationaldefense or the conduct of foreign affairs.A personnel action is an appointment; promotion; adverse action (including removal,demotion, or suspension) or other disciplinary or corrective action; detail, transfer orreassignment; reinstatement; restoration to duty; reemployment; performance evaluation;a decision concerning pay, benefits, or awards, or concerning education or training if theeducation or training may reasonably be expected to lead to another personnel actiondescribed here; a decision to order psychiatric testing or examination; and any othersignificant change in duties, responsibilities or working conditions.

QUESTIONS TO CONSIDERDid you blow the whistle on something you believed to be wrong? lf so, whatinformation did you disclose? Did that information evidence violation of law, grosswaste of funds, etc? (See the definition of whistleblowing above.) To whom didyou give the information? When did you disclose the information?Subsequent to the whistleblowing, did you experience personnel action(s) asdefined above? lf so, when? Who took the action(s)?Did the management officials who took, withheld or threatened the personnelaction(s) know about the whistleblowing before the action(s)? What kind ofevidence do you have (witness, document, etc.) that the management officialknew about the whistleblowing?Sometimes whistleblowers have a strong feeling that the manager must haveknown, but no proof. lf you have no proof, and the manager denies anyknowledge of the whistleblowing, your belief that reprisal occurred will be veryhard to prove.

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4. Did the management official consider the whistleblowing in any way as part of thepersonnel action(s)? That is, was the whistleblowing a contributing factor to thepersonnel action(s)?The easiest way of showing the whistleblowing was a contributing factor is if thepersonnel action occurred soon after the responsible management official learnedof the whistleblowing. Other ways to show this are to show the manager referredto the whistleblowing in the personnel action; the documentation of the action insome way refers to the whistleblowing; co-worker overheard the manager talkingabout the personnel action as if the intent was revenge for the whistleblowing,etc..Although not intended to be a difficult test, showing that the whistleblowing was acontributing factor in the action believeci to be reprisai is the place that mostwhistleblower complaints break down. lf you have a firmly held belief with nothingconcrete to support that belief, then you will have a difficult time convincing othersthat reprisal has occurred.

REPRISAL APPEALSThe U.S. Office of Special Counsel (OSC) was established to investigate allegations ofprohibited personnel practices, including reprisal for whistleblowing. lf you believe thatyou have experienced reprisal for whistleblowing, you may contact OSC at 1730 M StreetNW, Suite 300, Washington, DC 20036. OSC also has a toll-free telephone number: 1-800-872-9855.The Department of Veterans Affairs, Office of lnspector General Hotline can also bereached at Post Office Box 50410, Washington, DC 20091-0410 or at its toll-freenu mber: 1 -800-488-8244.

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PERMISSION TO DISCLOSE IDENTITY

TO: lnspector GeneralDepartment of Veterans AffairsEl/t giu* permission to use my name and employment situation in connection with thecomplaint I filed with the lG Hotline on 3 2{ . ,2001. I understand thisauthorization applies only to the specific IG Hotline complaint identified above and willremain in effect unless withdrawn by me in writing.

ORfl I have already initiated a grievance, appeal, or EEO complaint regarding the matters Iraised, and do not wish to have my name and situation used as an example in thesystemic review.

ORE t Oo not wish to pursue my concerns by any means.SIGNATURE (FULL NAME):FULL NAME (PRINTED) :DATE:

ATrN: REP 86/DS (200e-114751

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CONSENT FORM