Well, I wasn’t exactly sleeping. I was working.  I was working hard. I will one day tell the long amazing story of a small community and a friend who had not just the courage and determination to save her public schools, but the know-how too.  In any case, the short story is here.  The Cupertino community raised more than three million dollars and saved 107 teachers’ jobs in the coming year.

I played a small role in Cupertino’s initiative.  Many others played small roles.  When it was all done, those small roles added up to a big picture success.  And in what may be the first time in years I’ve experienced this: those who did good, did well.  Business blossomed, and I’ve been spending this summer upgrading and expanding my company, The Art Blossom.  The webstore is under redesign, as is the web page, and I’ve been busy insuring that I will be able to exceed the expectations of everyone who has enlisted our services.  Oh, and that’s the other part.  As of September, I anticipate that the company may go from just me, to us.  More on that later.

And while I was sleeping — well, working — other miracles were occuring.  On May 6, The Merit Systems Protection Board (MSPB) commenced a survey of people.  By that, I mean real people.  The 2010 Merit Principles Survey is being administered to 80,000 employees including managers.  Concurrently, MSPB also commenced surveys of other stakeholders; I participated in that.  When I have time, I will reveal and explain my answers on this blog, including my serious suggestion that they give the AJs a status promotion and raise. 

Throughout April and May, MSPB was busy doing outreach — trying to get the pulse of those most involved with its work and mission.  In April, MSPB reached out to the Federal Employee Lawyers Group (FELG) comprised of federal attorneys.  It also reached out to Metropolitan Washington Employment Lawyers’ Association (MWELA) and met with dozens of employment lawyers handling MSPB cases for appellants.  In May, The full board made an appearance at the National Whistleblower Assembly sponsored by the Government Accountability Project.

The Board has also been doing something else amazing — encouraging stakeholders to reopen problematic MSPB cases.  It has filed requests for Amicus (friend of the court) Briefs with the Federal Register.  Recently, it extended the filing deadline in Hyginus U. Aguzie v. Office of Personnel Management, MSPB Docket Number DC–0731–09–0261–R–1.

Two weeks ago, MSPB released a worthwhile study, perhaps the first worthwhile study in some time.  Entitled, Prohibited Personnel Practices: a Study Retrospective, the study utilizes older information, but condenses it in an understandable and meaningful way.  Within the context of the study, perhaps the most important feature is the introduction, which offers clues as to the direction MSPB will take in reviewing its operations.  Notably, the report states,

. . .particular attention will be devoted to the prohibited personnel practice of retaliating against a whistleblower. Within the next year, MSPB will begin to issue a series of reports that will explore what the law requires for an employee to be considered a whistleblower, as well as opinions from employees and other stakeholders concerning the whistleblowing process and barriers to reporting wrongdoing. We will also review data from recent MSPB cases to provide our stakeholders with more details about how whistleblowers fare in the adjudication of their complaints. (p.3)

In addition to whistleblowers, MSPB goes on to state that it will update and review its history with regard to decisions impacting women and minorities.  The full document can be found here, and it is a worthwhile read — a detailed analysis released while I was sleeping (working).