The City Council’s recent committee hearing highlighted a troubling trend regarding whistleblower protection among municipal employees, despite an increase in corruption prevention training.
Many city workers alleging retaliation for whistleblowing have sharply decreased over the years, raising questions about the effectiveness of existing protections.
During the Committee on Oversight and Investigations hearing, DOI Commissioner Jocelyn Strauber reported that complaints about corruption have risen from over 12,300 in Fiscal Year 2022 to more than 14,600 in FY 2024.
However, the number of city employees asserting retaliation for reporting corruption dropped significantly, plummeting from 52 in FY 2009 to just five in FY 2024.
Council Member Gale Brewer, who leads the committee, expressed her surprise at the continually declining figures, asking if this meant there was actually less retaliation today.
Strauber admitted she was uncertain of the reasons behind the decline. She cautiously suggested that the reduced reports of retaliation might indicate improvements in the system, stating, “I would hope that means there’s less retaliation, but that’s just to say I hope the system is working.”
The decrease in reported retaliation might also stem from a jurisdictional change instituted in 2020, which transferred oversight of complaints from Department of Education (DOE) employees from the DOI to the Special Commissioner of Investigation for the New York City School District.
Even with this change, the data still reflect an overall decline in retaliation complaints, decreasing from a peak of 25 in FY 2017 to five in FY 2024.
While compliance training for city employees has slightly increased, the numbers remain low.
The DOI conducted anti-corruption training sessions for 27,096 employees compared to 24,013 previously, which still only accounts for a mere 8 percent of the city workforce.
Brewer pressed Strauber on how the DOI could reach a larger audience with training, but Strauber pointed to the agency’s limited staffing.
With only six staff members dedicated to the training unit, the DOI faces significant resource constraints and would require additional funding to expand their outreach.
Moreover, concern about the training’s reach extended beyond city employees to contracted workers, who are also expected to report corruption.
Despite the obligation to report, Strauber acknowledged the challenge in tracking whether contracted workers received any form of training about whistleblower protections.
Further complicating matters, the threshold for gaining formal whistleblower protections appears exceedingly high, with shockingly few individuals qualifying.
Ricardo Morales, a former deputy commissioner at the Department of Citywide Administrative Services, spoke at the hearing about his personal experience with whistleblower retaliation after alleging misconduct involving preferential treatment for campaign donors under the de Blasio administration.
Morales recounted that fewer than five city workers have been granted whistleblower status in recent years, a figure that underscores systemic failures in protecting whistleblowers.
During the hearing, Morales highlighted the inadequacy of the whistleblower status application process, citing an instance where only one out of 185 applications received approval.
His application was among those rejected, prompting him to reflect on the disheartening statistic: “If it is true that in the last 10 years there have been two people who have gotten the protection, I’ve got to tell you, that is disconcerting.”
Council Member Nantasha Williams questioned the existing policy that determines which workers receive whistleblower status, assuming that any worker reporting corruption would automatically qualify.
Morales responded, lamenting the complexity of the process. He noted that had he been granted whistleblower status, he would have likely retained his position instead of facing termination.
The stigma associated with being labeled a “rat” poses significant risks for individuals, potentially blacklisting them from future employment opportunities within city government.
After serving in various roles and earning an Ethics in Government Award, Morales fears that his upheld termination could deter other city employees from reporting wrongdoing.
“The chilling effect for people is, ‘This guy, a career professional, had all of these things working for him, these awards and he didn’t get it? I’mma keep my mouth shut,’” Morales warned.
As the City Council grapples with these issues, the effectiveness and accessibility of whistleblower protections remain crucial topics of discussion for the future.
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