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FederalDaily - January 5, 2007

NTEU Asks SSA to Drop Proposed Fines on Employees
OSC Settles Hatch Act Complaint
DHS Issues Final Rule For TWIC ID Card

NTEU Asks SSA to Drop Proposed Fines on Employees

The National Treasury Employees Union (NTEU) is urging the Social Security Administration (SSA) to withdraw millions of dollars of proposed civil fines to be levied against some SSA employees for work performed in their official duties. The agency’s Inspector General has proposed the fines against employees in the Office of Disability Adjudication and Review (ODAR), which decides requests for Social Security disability payments. NTEU represents approximately 800 employees in that section, formerly known as the Office of Hearings and Appeals. The IG request for civil penalties stems from work done by ODAR employees on decisions issued by a now-deceased SSA administrative law judge (ALJ) in Iowa. One employee faces a proposed fine of $3.5 million; three employees were advised that they face potential fines of more than $100,000 each. The IG claims the ODAR employees misapplied expert testimony developed in a case. According to NTEU President Colleen Kelley, the IG is proceeding with the fines even though it has not identified a single wrongly decided case among the 700 involved. The IG probe is forcing ODAR employees to operate “under a cloud of baseless IG investigations which undoubtedly affects the manner in which they perform their duties,” Kelly said Jan. 4. To see more, go to: www.nteu.org/PressKits/PressRelease/PressRelease.aspx?ID=1001

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OSC Settles Hatch Act Complaint

The Office of Special Counsel (OSC) quietly announced the settlement of a complaint seeking disciplinary action against a federal employee for violating the Hatch Act, which  forbids political activity in the federal workplace. The unidentified employee—while on duty in a federal building and using a government e-mail account—distributed an e-mail containing a political endorsement in favor of a presidential candidate. The employee sent the e-mail to more than 20 recipients, a group that included other federal employees, professional contacts and friends, Special Counsel Scott Bloch said Jan. 3. When confronted, the employee immediately acknowledged the Hatch Act violation and agreed to undertake Hatch Act training and accept a written reprimand. The employee maintained any violation was unintentional, Bloch said. Because the employee showed good faith by quickly admitting the mistake, OSC is not releasing the employee's name and has agreed to a confidential settlement, Bloch said. “It is important for federal employees to realize that sending e-mails on the job that advocate for a candidate for office may subject them to discipline and possibly the loss of their jobs,” Bloch said. To see more, go to: www.osc.gov

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DHS Issues Final Rule For TWIC ID Card

The Department of Homeland Security (DHS) has published its final rule for the Transportation Workers Identification Credential (TWIC) card. Beginning in March, 750,000 port and maritime workers will have to carry the new ID cards imprinted with their biometric fingerprints. The Transportation Security Administration (TSA) on Jan. 3 announced the start of the program, under which workers will undergo extensive background checks to obtain the cards, which give workers unescorted access to secure areas of U.S. ports and vessels. Applicants will be checked for a criminal history, their immigration status and whether their names show up on TSA’s terrorist watch lists. Rules also lay out which crimes or terrorism-related concerns will disqualify applicants. Money laundering is listed as a disqualifier—but welfare fraud and passing bad checks are not. The card won’t be cheap. Workers will pay at least $139 for their initial TWIC card and $60 for a replacement card. The cards are good for five years. The price of the initial credential rose by $10 from initial TSA estimates. To see more, go to: www.tsa.gov/press/releases/2007/press_release_01032007.shtm

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