News | VA Loma Linda whistleblower retaliation

complaints spark federal legislation

redlandsdailyfacts.com/2023/07/12/va-loma-linda-whistleblower-retaliation-complaints-spark-federal-legislation/

Scott Schwebke July 13, 2023

Congressman Jay Obernolte addresses the media outside the Jerry L. Pettis
Memorial Veterans Medical Center in Loma Linda on Friday, June 16, 2023,
following a meeting with leaders to discuss complaints and allegations of a hostile
workplace environment at the facility. (Photo by Watchara Phomicinda, The Press-
Enterprise/SCNG)

By Scott Schwebke | sschwebke@scng.com | Orange County Register

PUBLISHED: July 12, 2023 at 5:37 p.m. | UPDATED: July 13, 2023 at 7:46 a.m.

Proposed legislation aimed at strengthening the Department of Veterans Affairs’ ability to

hold bad employees accountable sparked by a flood of credible whistleblower complaints to
Congress alleging a hostile work environment at the VA Loma Linda Healthcare System, has
received mixed reviews from two government watchdog organizations.

The Restore Department of Veterans Affairs Accountability Act, sponsored by House

Committee on Veterans’ Affairs Chairman Rep.Mike Bost, R-Illinoise; Rep. Jay Obernolte, R-
Hesperia; and several bipartisan lawmakers, would give the VA authority to quickly and fairly

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discipline poor-performing employees.

“America’s veterans answered the call to defend our country and the values we hold dear,”
Obernolte said in a statement. “In return, we made a commitment to them, and we must do
all we can to deliver the best possible support and care when they return to civilian life.

“The Department of Veterans Affairs must be able to provide a productive work environment
for its own employees if we hope to successfully deliver on that promise. The whistleblower
reports made to my office in recent months have unfortunately made it clear that we are
falling short of that goal.”

Specifically, the Restore Department of Veterans Affairs Accountability Act, H.R. 4278,
would:

Ensure VA decisions supported by substantial evidence are upheld on appeal.

Negate the requirement for a performance improvement plan prior to disciplinary
action.
Unlock expedited removal, demotion, or suspension authority for use with all categories
of VA employees.
Align the disciplinary authority for unsatisfactory VA managers and supervisors with the
process currently in place for members of the Senior Executive Service.

The VA declined Wednesday, July 12, to comment on the bill.

Bill aims to reinstate VA authority

The bill aims to reinstate legislation enacted in 2017 that gave the VA expanded authority to
fire employees at all levels, shorten the removal process, and ensure terminated workers are
not kept on the agency’s payroll while appealing their cases.

That legislation also made it easier for the VA to remove poor-performing senior executives
and replace them with qualified candidates and established the VA’s Office of Accountability
and Whistleblower Protection.

However, recent decisions by the U.S. Court of Appeals for the Federal Circuit, the Federal
Labor Relations Authority and the Merit Systems Protection Board have neutralized many of
the 2017 law’s directives, Obernolte said.

“In order to best serve veterans, the VA secretary must have the authority to quickly and
fairly remove, demote, or suspend bad employees who are undermining the quality of
services that our veterans have earned,” he added. “The bipartisan 2017 VA Accountability
Act gave the secretary that authority. Yet, administrative courts have issued decisions that
ignore Congress’s intent by limiting the law’s applicability, leading VA to declare the 2017 law
unusable.”

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Watchdogs divided

Virginia-based Concerned Veterans for America supports legislative efforts to restore the
VA’s ability to discipline bad employees.

“The Restore VA Accountability Act of 2023 would be a crucial step in the right direction to
ensure VA is held responsible to the veterans it promised to serve,” CVA Executive Director
Russ Duerstine said in a statement. “On behalf of every veteran who deserves the care
they’ve earned, CVA urges Congress to act swiftly and support this accountability legislation.
It is a matter of saving veterans’ lives.”

However, the Project on Government Oversight believes the bill would strip important and
hard-fought due process protections from all VA employees, said Joe Spielberger, policy
counsel for the Washington, D.C.-based organization.

“While there is wide consensus about retaliation/mismanagement at the VA and the need for
reform, there seems to be a lot of disagreement over the best approach,” Spielberger said in
an email.

POGO has recommended that the Office of Accountability and Whistleblower Protection be
stripped of its investigative authority and that it be provided with independent legal counsel to
eliminate an inherent conflict of interest in handling VA employee complaints.

“We are deeply disappointed that none of the provisions we fought for last Congress are
included in this bill, and are reaching out to the committees to get their attention,” Spielberger
said.

The House Committee on Veterans Affairs held a hearing on the bill Wednesday. The bill will
next undergo a “markup” allowing committee members to make amendments. If the bill is
approved by the committee, it will then head to the full House for a vote.

"Veterans were at the core of VA's mission, not bureaucrats."

Watch Chairman @RepBost explain why veterans and VA's dedicated workforce need
his bipartisan Restore VA Accountability Act to weed the bad apples out below:
pic.twitter.com/au3Yv8BFzC

— House Committee on Veterans' Affairs (@HouseVetAffairs) July 12, 2023

Legislation tailored for VA Loma Linda

Obernolte said the bill would help address complaints from VA Loma Linda whistleblowers
who have reported numerous instances in which employees have repeatedly created hostile
work environments but have not been removed or adequately disciplined for their behavior.

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The accountability bill follows a Southern California News Group report in May that revealed
a 2021 federal investigation determined a VA Loma Linda manager frequently used racial
slurs, required workers to buy him food and drive him to and from work, and punished those
who refused his demands with bad assignments.

However, instead of being terminated for creating a hostile work environment, the manager
— identified by multiple sources as grounds department supervisor Martin Robles — was
inexplicably promoted.

A VA investigative board recommended that Robles be fired, but management decided an

administrative penalty was more appropriate.

Robles also was the focus of two other VA Loma Linda investigations in 2020 and 2022 that
substantiated allegations he fostered a hostile work environment. Details of those two
investigations were not available.

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