Petitioning Secretary of Labor 200 Constitution Avenue NW Washington D.C. 20218 The Honorable Thomas Perez

Reinstate Kevin Downing with all promotions backpay and benefits, and pay all legal costs.



Dear Secretary Perez:

Last Congress, after a series of public scandals in the Civil Service, the Whistleblower Protection Enhancement Act was passed unanimously and signed into law. Unfortunately it does not cover countless whistleblowers who had already sought legal recourse under the old law. Kevin Downing was one of those brave civil servants who has paid a personal price for disclosing inexcusable taxpayer waste.

Kevin worked at the Department of Labor for ten months as an economist and data collector. At the request of his union shop steward he blew the whistle to his New Jersey representatives about a pork barrel project to re-organize the New York City Bureau of Labor Statistics office. The " re-organization" included the establishment of an expensive and unnecessary annex in Mountainside New Jersey.

Kevin's whistleblowing was discussed in testimony before Congress by the Government Accountability Project.

The New Jersey and New York Congressional members tried to stop this boondoggle but a high level senator intervened and pushed it through creating taxpayer waste that continues to this day. Meanwhile Kevin became the immediate target of retaliation at the Department of Labor which also continues to this day.

Kevin's Senators sent letters to the Labor Department in an effort to protect him from retaliation. However their efforts were first ignored, and then dismissed. By that time members of Congress were angered by reports that Labor Department managers were trying to make an example out of Kevin in order to chill other whistleblowers from coming forward. During one-on-one closed door meetings management made an example out of Kevin and and warned union officials and employees that talking to Congress would endanger their jobs and pensions. When Representative Bill Pascrell (D-NJ) recently requested justice for Kevin he was rebuffed by career bureaucrats.

During Kevin's legal saga depositions and discovery confirmed that his termination was due solely to whistleblowing. Despite vindication, he could not prevail under the defunct Whistleblower Protection Act or before a hostile court. After more than six years and a costly legal battle, the Federal Circuit Court of Appeals rejected his case, stating that he "did not disclose non-frivolous information", even though Congress took action to try and stop the wasteful spending exposed by his whistleblowing.

Since Kevin spoke truth to power the Labor Department has made sure that his actions would have devastating personal consequences and hammered the final nail in his professional coffin. His whistleblowing was made public on the internet and to this day employers routinely cancel job interviews and offers.

Worse yet,during Kevin's financial hardship his fiancee died of breast cancer as a Medicaid patient and his home is on the brink of foreclosure.

To provide justice and demonstrate your commitment to eliminating waste, fraud and abuse within the Labor Department I request that you order Kevin Downing's re-instatement with all promotions back pay and benefits as well as payment of his legal expenses.

Thank you for your prompt intervention.

Letter to
Secretary of Labor 200 Constitution Avenue NW Washington D.C. 20218 The Honorable Thomas Perez

Dear Secretary Perez:

Last Congress, after a series of public scandals in the Civil Service, the Whistleblower Protection Enhancement Act was passed unanimously and signed into law. Unfortunately it does not cover countless whistleblowers who had already sought legal recourse under the old law.
Kevin Downing was one of those brave civil servants who has paid a personal price for disclosing inexcusable taxpayer waste.

Kevin worked at the Department of Labor for ten months as an economist and data collector. At the request of his union shop steward he blew the whistle to his New Jersey representatives about a pork barrel project to re-organize the New York City Bureau of Labor Statistics office.
The " re-organization" included the establishment of an expensive and unnecessary annex in Mountainside New Jersey.

Kevin's whistleblowing was discussed in testimony before Congress by the Government Accountability Project.

The New Jersey and New York Congressional members tried to stop this boondoggle but a high level senator intervened and pushed it through creating taxpayer waste that continues to this day. Meanwhile Kevin became the immediate target of retaliation at the Department of Labor which also continues to this day.

Kevin's Senators sent letters to the Labor Department in an effort to protect him from retaliation. However their efforts were first ignored, and then dismissed. By that time members of Congress were angered by reports that Labor Department managers were trying to make an example out of Kevin in order to chill other whistleblowers from coming forward. During one-on-one closed door meetings management made an example out of Kevin and and warned union officials and employees that talking to Congress would endanger their jobs and pensions. When Representative Bill Pascrell (D-NJ) recently requested justice for Kevin he was rebuffed by career bureaucrats.

During Kevin's legal saga depositions and discovery confirmed that his termination was due solely to whistleblowing. Despite vindication, he could not prevail under the defunct Whistleblower Protection Act or before a hostile court. After more than six years and a costly legal battle, the Federal Circuit Court of Appeals rejected his case, stating that he "did not disclose non-frivolous information", even though Congress took action to try and stop the wasteful spending exposed by his whistleblowing.

Since Kevin spoke truth to power the Labor Department has made sure that his actions would have devastating personal consequences and hammered the final nail in his professional coffin. His whistleblowing was made public on the internet and to this day employers routinely cancel job interviews and offers.

Worse yet,during Kevin's financial hardship his fiancee died of breast cancer as a Medicaid patient and his home is on the brink of foreclosure.

To provide justice and demonstrate your commitment to eliminating waste, fraud and abuse within the Labor Department I request that you order Kevin Downing's re-instatement with all promotions back pay and benefits as well as payment of his legal expenses.

Thank you for your prompt intervention.