EXCLUSIVE — A Republican lawmaker is looking to enforce transparency in how the Department of Veterans Affairs records disciplinary action against staff members accused of inappropriate behavior.
Under a new bill introduced by Rep. Scott Franklin (R-FL) on Wednesday, the secretary of Veterans Affairs would be required to list any investigation or findings of misconduct on the permanent record of employees who are resigning from the agency. The legislation comes in response to reports of settlement agreements with retiring employees who are under review for disciplinary reasons, with a majority of those investigations not appearing on their record form.
“VA staff must not be allowed to hide behind settlement agreements and other bureaucratic loopholes to avoid scrutiny and evade accountability for misconduct,” Franklin said in a statement. “I believe in due process, but what the VA is doing isn’t due process. Striking deals to ‘save time’ sweeps possible wrongdoing under the rug and can prevent a full account of the facts.”
The legislation comes after the House Veterans Affairs Committee was informed of alleged sexual harassment claims and other misconduct reports by whistleblowers who told lawmakers they did not trust the VA’s internal investigations process. Those allegations surfaced in September, prompting the committee to send a letter to VA Secretary Denis McDonough requesting information and documents related to the allegations.
However, Franklin said the VA later reassigned the perpetrator and other staff members believed to have knowledge of the incidents on Nov. 13. In the weeks after that, many of the staff members in question by the Veterans Affairs Committee had either resigned or retired, the lawmaker said.
Franklin also pointed to a committee hearing in 2016 during which lawmakers discussed a “recurring practice” of VA officials opting for settlement agreements with resigning employees or those under review for disciplinary actions.
Between July 2014 and July 2016, the committee reviewed more than 200 of those settlements, discovering that 72% of those cases included monetary compensation to the employees in question or their attorney — totaling more than $5 million, according to Franklin’s office. The average payout for employees was more than $24,000.
For 96% of the settlements reviewed, the disciplinary action proposed or taken against the employee did not appear on their permanent record.
“My commonsense bill will help ensure this practice, as well as the recent mishandling of sexual misconduct at the VA, does not continue,” Franklin said.
A spokesperson for the VA told the Washington Examiner there have been several employees who have been recommended for disciplinary action, emphasizing the department is “committed to ensuring a safe, welcoming, and harassment-free environment.”
“VA has consistently cooperated with Congressional inquiries into the ORMDI misconduct allegations,” the spokesperson said. “VA has treated the allegations of sexual harassment and improper personal relationships within ORMDI with seriousness and conducted a thorough investigation. Now VA is taking swift and appropriate actions. VA does not tolerate sexual harassment of any Veteran or VA employee.”
The spokesperson argued the VA has cooperated with congressional investigations into the allegations, including a comprehensive report by the VA’s Office of Accountability and Whistleblower Protection as well as other documents related to the committee’s inquiry.
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The spokesperson declined to comment on the specific legislation.
Franklin will bring the bill up for consideration before the House Veterans Affairs Committee on Thursday, after which lawmakers will decide whether to advance the legislation for a vote.
