Senate panel vets MSPB nominees

Two women nominated by President Obama to be the newest members of the Merit Systems Protection Board had their confirmation hearings Tuesday.

Yesterday's 45-minute confirmation hearing was one of the quickest in recent memory for Presidential nominees. Senator Daniel Akaka (D-Hawaii), who normally chairs the Senate Federal Workforce subcommittee, yesterday chaired the full Homeland Security and Governmental Affairs committee hearing for Susan Tsui Grundmann to be the new chair of the Merit Systems Protection Board and Anne Marie Wagner to be her vice chairman.

Ms. Grundmann has been an advocate for Federal workers for the past 20 years. Since 2002, Ms. Grundmann has served as General Counsel to the National Federation of Federal Employees, a union which represents approximately 100,000 Federal employees throughout the country. Prior to that, she served as General Counsel to the National Association of Air Traffic Controllers. Ms. Grundmann attended the American University and received her law degree from Georgetown University.

Ms. Wagner likewise has strong experience with the Federal workforce. She currently serves as the General Counsel to the Personnel Appeals Board, which decides personnel disputes within the U.S. Government Accountability Office (GAO). Prior to that, she served as a member of that Board for six years. Before joining GAO, Ms. Wagner worked for 20 years as Assistant General Counsel to the American Federation of Government Employees, the largest Federal employee union, which represents many employees in my home state of Hawai'i.

In his opening statement, chairman Akaka outlined his expectations for the two nominees, including his hopes for what he says should be one of the top priorities for the MSPB.

One of the most important responsibilities of the Board is to adjudicate claims brought by Federal employee whistleblowers. For almost a decade, I have worked to reform the process for protecting Federal whistleblowers. As the sponsor of the Whistleblower Protection Enhancement Act of 2009 (S.372), I believe that one of the key tenets of the Federal merit systems is the ability of Federal employees to report waste, fraud, and abuse without fear of retaliation. For too long, Federal whistleblowers have not received the protection they need. Since the year 2000, the Board has repeatedly misapplied Congressional intent with respect to whistleblower protection. I am hopeful that with new statutory protections - and additional Board members who understand the important role of whistleblower protections - Federal employees will feel confident again that they can report waste, fraud, abuse, or illegal activity, without risking their professional and financial futures.

During the relatively brief, 20-minute question and answer session, both Grundmann and Wagner told Chairman Akaka they fully support the notion that Federal whistleblowers are deserving of protection, particularly from supervisor or agency retaliation.

Grundmann also suggested that, if nominated, she would like the MSPB to have a role in the drafting of the Office of Personnel Management's new strategic plan for the federal workforce. She also says one of the board's special reports to the President should focus on the effect of new technology on the "four generations" that currently make up the federal workforce, with emphasis on members who face challenges in adapting to that new technology.

No date has been set for a full committee vote on the nominations of Grundmann and Wagner to be the new chairman and vice chairman of the Merit Systems Protection Board.

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On the Web:

Senate HSGAC - MSPB nominations hearing 10/20/2009

Merit Systems Protection Board - mspb.gov>

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