As MSPB’s Lack of Quorum Passes Five-Year Mark, Whistleblower Attorneys Demand Immediate Action

As of January 8, 2022, the Merit Systems Protection Board (MSPB) will have lacked a quorum for five years. The MSPB has not had the two members required to form a quorum since January 8, 2017. Thus, it has been unable to issue any final decisions on thousands of federal employment cases, including whistleblower retaliation cases. This has led to an unprecedented crisis in the federal employee whistleblower protection system. Heroic whistleblowers who risked their livelihood to expose government misconduct have been stuck in legal limbo for years, unable to receive any of the relief entitled to them under the Whistleblower Protection Act.

In October 2021, the U.S. Senate Committee on Homeland Security & Governmental Affairs voted to advance President Biden’s three nominees for the MSPB. However, a full Senate vote has still yet to be scheduled. In response to the MSPB’s lack of quorum passing the five-year mark, Kohn, Kohn & Colapinto (KKC) is demanding immediate action to schedule a vote on the nominees.

“The Senate majority leader needs to immediately schedule ‘floor time’ so the three highly qualified MSPB nominees can be voted on,” said KKC founding partner Stephen M. Kohn. “They have all passed the Committee. An up or down vote is needed. The failure to schedule floor time to debate and vote is unacceptable, and every American concerned about oversight, accountability, and whistleblower protections should immediately contact the Senate Majority Leader Chuck Schumer. You can email Senator Schumer by clicking this link: https://www.schumer.senate.gov/contact/email-chuck. You can call his office at this number: (202) 224-6542. I strongly suggest doing both!”

“The message is simple: The failure to schedule a vote for approving the members to the MSPB is a disgrace,” continued Kohn. “Thousands of whistleblowers have been denied their rights or are afraid to report fraud as they know the only board capable of protecting them cannot because the Senate will not hold a vote on its members. Please schedule a vote to confirm the MSPB members TODAY.”