C4 C

The Coalition For Change, Inc. (C4C) P.O. Box 142 Washington DC 20044

October 20, 2011 VIA Fax 202-482-9237 Don W. Fox Acting Director United States Office of Government Ethics 1201 New York Avenue, N.W. Suite 500 Washington, D.C. 20005 Dear Mr. Fox: The Coalition For Change, Inc., (C4C) a non-profit civil rights group that combats and exposes racial discrimination in Federal employment, respectfully requests that your office immediately commence an investigation into Ms. Anne Wagner, Vice-Chairman of the Merit Systems Protection Board (MSPB). It has come to our attention that prior to her nomination and confirmation to her present position at the MSPB, Ms. Wagner is named as a responsible management official in an employment discrimination lawsuit as a result of her tenure as General Counsel of the Personnel Appeals Board (PAB) of the U.S. Government Accountability Office (GAO). The C4C believes Ms. Wagners continued presence as Vice-Chairman of the MSPB constitutes a conflict of interest and raises a serious concern as to whether she can fairly and without prejudice adjudicate cases of discrimination that may come before the Board. More importantly, the C4C seeks an investigation as to whether Ms. Wagner was forthcoming and/or misled the White House and the Congress regarding her role in the case known as Diane R. Williams v. Gene Dodaro, Comptroller General of the U.S. Government Accountability Office. Despite filing a Freedom of Information Act request last July with the MSPB, the C4C has been unable to ascertain whether Ms. Wagner made the White House or the Congress aware of her role in Williams v. Dodaro. Furthermore, we have been unable to ascertain whether Ms. Wagner misled either the White House or the Congress regarding her role in this lawsuit. Nevertheless, the C4C believes Ms. Wagners continued service on the Board is troubling and problematic in light of serious allegations against her in Williams v. Dodaro and the fact that a federal judge has denied the Governments motion for Summary Judgment. As I am sure you are aware, the MSPB is an independent, quasi-judicial agency with the responsibility for deciding Federal employee appeals from personnel actions taken against them and for protecting the integrity of the civil service and other Federal merit systems. The three member bipartisan board consists of the Chairman, Vice-Chairman and a Member charged with fulfilling the mission of the MSPB (i.e., protecting the Federal merit system and the employees of that system). The Board, of which Ms. Wagner serves as ViceChairman, adjudicates cases brought to the MSPB. According to its website, the Board, together with the counsel, administrative law judges, central office staff and regional staff employed by the MSPB all play a large role in implementing the MSPB procedures to achieve that mission.

Tanya Ward Jordan L.O.R., B, A., M.S. Founder

Philip Taylor B.A., M.P.A. President

Willie Berry, B.S. Treasurer

Michael Castelle, Sr. Diversity Chair

Milton Hill B.S., M.A., M.P.A. Outreach Chair

Ricardo Jones, Sr. EEO Chair

Arthuretta Holmes-Martin B.S., M.S. Mental and Spiritual Well-Being Chair

Cecil Paris PMP, B.S. Management and Organization Chair

Paulette Taylor A.A., B.A. Civil Rights Chair

www.coailtion4change.org C4C@coalition4change.org 1-866-737-9783

Don W. Fox, OGE Page 2

Given the MSPBs vital role in protecting the Federal merit system and protecting Federal employees and applicants, the C4C believes the Office of Government Ethics (OGE) has an obligation to the public to ensure that an individual serving in such a capacity is ethically pure. At this juncture, a cloud hangs over Ms. Wagner and her decisions issued as Vice-Chairman. We therefore believe it is critical for the OGE to begin an immediate inquiry of this matter to determine whether such ethical concerns exist. For example, we request that the OGE determine (1) whether Ms. Wagner failed to disclose to the White House and to the Congress her involvement in the above-mentioned discrimination lawsuit; (2) whether any ethical standards have been violated after she was nominated, if it is determined that she failed to divulge her involvement in the above-mentioned discrimination lawsuit; and (3) whether Ms. Wagners service on the Board presents a conflict of interest or the appearance of impropriety in view of the fact that she is a responsible management official in a case similar to the type she is charged with adjudicating. Thank you for your prompt attention to this matter. Sincerely, | signed | Philip D. Taylor President The Coalition For Change, Inc. (C4C)

President Barack Obama Senator Joseph I. Lieberman, Chair Committee on Homeland Security and Governmental Affairs Senator Susan Collins, Ranking Member Committee on Homeland Security and Governmental Affairs Representative Emanuel Cleaver, Chairman Congressional Black Caucus Susan Tsui Grundmann, Chairman Merit Systems Protection Board