Whistle-blower wins federal ruling

A former employee at Canaveral National Seashore who reported contracting violations, nepotism and other misconduct at the park has won a whistle-blower retaliation ruling against the U.S. Department of Interior.

While that ruling closes the loop on a 2011 investigation, federal officials have opened a new inquiry into similar allegations of improper purchases at the park.

In December, a federal civil service court judge in Atlanta ruled that Candace Carter, a former biological science technician at the park, had been subjected to assault, harassment and adverse personnel actions in retaliation for reporting the contracting violations. After the parks service declined to appeal, the ruling by the U.S. Merit Systems Protection Board became final this month.

But Carter says parks staff continued the same illegal procurement practices in 2014, even after her 2011 complaint, triggering a second investigation by the U.S. Department of Interior's Office of Inspector General.

In 2011, Carter reported to OIG that park staff had split $18,000 in construction of a storage facility and other work at the park into increments of $2,000 or less, enabling them to hire vendors without competition. They gave some of the work to relatives.

"They were hiring friends and family to do the jobs," said Carter, who lives in Titusville.

Federal procurement rules limit single-purchases to $3,000 for supplies, $2,500 for services and $2,000 for construction. Beyond those thresholds, the purchases must be put out for competitive bid.

In November 2012, the OIG concluded that two park employees had violated federal policy and ethics rules when they circumvented procurement regulations by making the "split purchases."

But the U.S. Assistant U.S. Attorney declined to pursue criminal prosecution.

Carter was terminated from the park service this past October for medical reasons and has applied for disability retirement.

The OIG noted that Myrna Palfrey, superintendent of the park, became aware of Carter's allegations of improper contracting as early as May 2011, but did nothing to address the concerns. OIG also cited Palfrey for a "lack of candor" during the investigation.

Palfrey told OIG the projects had happened prior to her appointment as superintendent. She also said that the complaints were "racially based, and that she and the other employees "were being persecuted because they were minorities." Palfrey is from Puerto Rico.

Because of the privacy rights of the individuals concerned, parks officials said they could not comment about whether any disciplinary actions resulted from Carter's whistle-blowing or would in the future.

Canaveral staff received additional training to prevent any future contracting violations, nepotism or retaliation against whistle-blowing.

"This training is intended to enhance all management and leadership practices," said Bill Reynolds, a spokesman for the parks service's southeastern region. Reynolds said he was speaking on behalf of the parks service, including Palfrey.

"The service takes these things very seriously, and we want to make sure that all employees are treated properly and that all supervisors and managers manage their people properly," Reynolds said.

Carter alleges that staff continued to split purchases in 2014 on about $25,000 dollars of projects involving the demolition of a lifeguard building; sign modifications; and screening, septic, roofing and other work. After receiving those allegations in October, OIG initiated a new investigation.

Parks officials could not discuss the new investigation but Reynolds said Canaveral National Seashore is following parks service policy on procurement and charge card use. "The superintendent instituted more internal steps requiring employees to obtain additional approvals prior to purchasing as well as consistent use of a log of procurement actions," he said.

Carter said she gets her attorney fees paid, but not much else from the merit board and IGO. "They really don't have teeth to do anything about people who retaliate against whistle-blowers," she said.

"It's not a big victory as far as money, but it's a big victory as far as vindication."

Whistle-blower case at Canaveral National Seashore

Read the documents here:

http://www.peer.org/news/news-releases/2015/01/12/canaveral-seashore-whistleblower-vindicated,-again/

Contact Waymer at 321-242-3663 or jwaymer@floridatoday.com Follow him on Twitter: @JWayEnviro.