News

After reevaluating plans to clear more trees throughout the Washington & Old Dominion (W&OD) Trail corridor in the spring, Dominion Energy is revving up its chainsaw once more.

The utility shared yesterday (Thursday) that its forestry team has “identified several areas” along the 45-mile trail in Fairfax, Arlington and Loudoun counties where tree removals will be necessary to preserve the electrical grid.


News

A deeply divided Fairfax County Planning Commission voted on Wednesday (June 4) to recommend that the Board of Supervisors authorize staff study the possibility of housing on the Reston National Golf Course site.

The 8-4 split reversed a preliminary 6-1 vote with four abstentions taken on May 15, when commissioners indicated support for county staff’s recommendation not to move forward with the proposal.


Around Town

Temperatures are warming, school is nearly out for the year, and a full slate of free, outdoor summer entertainment is coming to Fairfax County parks.

The Fairfax County Park Authority will kick off its annual Summer Entertainment Series tonight (Friday), with Grist Mill Park in Mount Vernon hosting the swing and jazz group Seth Kibel & The Kleztet at 7:30 p.m.


Geese occupy a grassy median in the Vienna Metro station parking lot (staff photo by Angela Woolsey)

Parade to Put DCA Flights on Hold — “Flights to and from Reagan National Airport in Arlington, Virginia, will reportedly be suspended for an hour and a half on the evening of June 14, during a planned military parade through D.C. to celebrate the U.S. Army’s 250th anniversary.” [WTOP]

Deal for Reston Paris Baguette — “The Burn has learned that a deal has been signed for a new location at the RTC Next development off Sunset Hills Road … Paris Baguette will be taking a 3,150 s.f. space right across the street from the new AC Hotel/Residence Inn combo hotel that opened earlier this year.” [The Burn]

Dogs Die in Lorton Fire — Fairfax County Fire and Rescue Department units responded to the 7500 block of Pollen Street yesterday (Thursday) for a house fire. “Units arrived to heavy smoke showing from a split-level home with fire reported in the basement and kitchen. One patient was transported. Sadly, two dogs were found deceased.” [FCFRD/Facebook]

Robot Consultant Opens Fairfax Lab — “RobotLAB Inc. is expanding in Greater Washington with a new location in Fairfax to serve businesses looking to tap into robotics to address labor-related challenges.” Based outside Dallas, Texas, the robotics rental services company will open a location at 11166 Fairfax Blvd to “provide on-site demonstrations, training and technical support services to customers.” [WBJ]

Police Patrol Annandale Businesses — “Fairfax County police officers spent the day canvassing businesses along the 236 corridor in Annandale Wednesday night, working to prevent future burglaries. Captain James Curry of the department’s Criminal Investigations Division said smaller, independently owned stores can often be more vulnerable to crime.” [WUSA9]

Tysons AI Startup to Increase Hiring — “Tysons AI startup pWin.ai is ramping up hiring after securing $10 million from investors to enhance its tool that cuts down the time it takes to complete government contract proposals.” Co-founder and CEO Vishwas Lele says the company will increase its 50-person workforce, which includes 20 employees in the D.C. region, by 40% over the next year, focusing on engineering and marketing positions. [WBJ]

Taste of Springfield Returns — Springfield Town Center will host the eighth annual Taste of Springfield Festival tomorrow (Saturday) from 11 a.m. to 5 p.m. Located in the mall’s parking lot by JCPenney and Dick’s Sporting Goods, the festival will feature “good food, exhibitors, performances, and LIVE music!” [Springfield Town Center]

Chantilly Artisan Market Reopens — The nZone Artisan Market in Chantilly “first opened in 2024, but this new(ish) market returns this Saturday, June 7, with a new name and some new vendors — a total of 16 vendors in all — who are expected to sell everything from fresh produce, artisan chocolates, and baked goods.” [Out & About Fairfax]

It’s Friday — Mostly sunny conditions are expected with a high around 84 degrees and a southeast wind at 3 to 7 mph. Clouds will increase in the evening, as night ushers in a 40% chance of showers and thunderstorms, with a low temperature of approximately 67 degrees. [NWS]


Countywide

Fairfax County leaders are hoping for a more coordinated, regional approach to helping seniors avoid scams.

“It needs to be broader than just a county message,” Board of Supervisors Chairman Jeff McKay said at an Older Adults Committee meeting on Tuesday (June 3).


Countywide

Members of a Fairfax County School Board committee have postponed consideration of what restrictions, if any, should be placed on student mortarboards during graduation ceremonies.

“We’ll come back to it,” Hunter Mill District School Board member Melanie Meren said at the May 27 meeting of the board’s governance committee.


Countywide

As the calendar flips to the summer months, the Fairfax County Police Department plans to take a modified approach to addressing the latest crime trends.

The department announced plans yesterday (Wednesday) for a summer crime initiative that will take “deliberate steps” to ensure safety — including increased officer presence to curb potential offenders.


This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm that specializes in DC, Maryland, Virginia, federal employee, security clearance, retirement and private sector employee matters.

By John V. Berry

The U.S. Office of Special Counsel (OSC) investigates many different types of issues. OSC’s authority comes from several federal laws. The primary mission of the OSC is to protect federal employees and applicants from Prohibited Personnel Practices (PPP)s. The OSC has been in the news lately for its defense of probationary federal employees who were recently terminated.

What are Prohibited Personnel Practices?

The OSC’s primary mission is to safeguard the merit system by protecting federal employees and applicants from PPPs, especially reprisal against whistleblowing. The OSC is in charge of investigating many different areas of law. The 14 PPPs that the OSC investigates include:

  1. Discrimination: Complaints about discrimination on race, color, religion, sex, national origin, age, disability (or handicapping condition), marital status, or political affiliation;
  2. Inappropriate Recommendations: Considering inappropriate recommendations based on political connections or influence;
  3. Coercing Political Activity: (Hatch Act cases) Engaging in, or coercing others to engage in the support of political candidates;
  4. Obstructing Competition for Employment: Agency officials are barred from intentionally deceiving or obstructing others from competing for federal employment;
  5. Influencing Withdrawal from Competition: Similar to obstruction, it is illegal for an agency official to improperly influence an individual to withdraw from federal employment competition in order to benefit or disadvantage another person’s employment prospects;
  6. Granting Unauthorized Advantage: Also similar to influence or obstruction, federal agency officials are prohibited from granting unauthorized advantages to benefit others;
  7. Nepotism: The unlawful hiring or promotion of a relative;
  8. Whistleblower Retaliation: One of the most important PPPs. This involves retaliation taken against a federal employee for their disclosure of: (1) a violation of law, rule, or regulation; (2) gross mismanagement; (3) gross waste of funds; (4) an abuse of authority; or (5) a substantial and specific danger to public health or safety. In many instances, these types of cases can later be taken to the Merit Systems Protection Board (MSPB);
  9. Other Types of Retaliation: Retaliation for filing a grievance, giving testimony, cooperating with the OSC or Inspector General, or refusal to obey an unlawful order;
  10. Other Types of Discrimination: This section prohibits employees from penalizing employees for conduct that has not adversely impacted their performance;
  11. Veterans’ Preference: Federal agencies are barred from taking actions that would violate veterans’ preference requirements.
  12. Violating Rules That Implement a Merit System Principle: This is a catch-all provision. This PPP bars federal agency officials from taking–or failing to take– a personnel action that violates any other civil service law or regulation. This type of violation could be applied to most OSC complaints.
  13. Imposing Nondisclosure Agreements that Bar Whistleblowing: In the past, some federal agencies, as part of settlement agreements with federal employees, have attempted to bar them from speaking with OSC or Congress about their complaints. This PPP makes any attempt by an agency to do so illegal.
  14. Accessing Medical Records in Furtherance of Another PPP: Federal officials are prohibited from accessing the medical records of other federal employees or applicants to facilitate a violation of any of the other 13 PPPs. This PPP is not as common as some others.

How Does the OSC Investigate PPP Complaints?

When an individual files an OSC complaint, the OSC will open a file for investigation. The individual filing the complaint will get a notice from the OSC that a complaint has been opened. The level of investigation conducted varies depending on the facts of the case. The OSC investigates these claims and has the ability to prosecute violations of PPPs by obtaining an agency agreement or by seeking action by the Merit Systems Protection Board (MSPB).

How Can OSC Enforce Their Findings?

If the OSC makes a determination that a PPP complaint should be prosecuted, then they can seek a stay of the personnel action. They can also seek corrective action. The OSC will send a letter to the federal agency asking them to resolve a violation of law. For example, if a complaint of an improper personnel action was found to be true, the OSC can request that the federal employee receive back pay or other remedies. Federal agencies will often agree to resolve cases with the OSC without the need for enforcement.

In cases where a PPP has been committed, the OSC can seek disciplinary action against the federal employee involved. These cases are often resolved through an agreed settlement regarding the disciplinary action to be imposed. If a resolution is not reached, the OSC can petition for disciplinary action against the federal employee directly. One example of when this may occur involves Hatch Act cases.

How Can You Enforce an OSC Complaint?

In whistleblower cases, if the OSC does not find whistleblower retaliation, an individual can usually take further action by filing with the MSPB. This is often the case as the OSC has limited resources compared to the volume of whistleblower cases it receives.

Having Legal Representation

If you have been contacted as a possible target of investigation by the OSC, then you have the right to have an attorney defend you. It is very important to obtain legal defense against allegations made by the OSC. You will also need legal representation if you have been targeted for retaliation or subjected to other illegal actions as a result of whistleblower activities. We represent both complainants and those accused before the OSC.

Contact Us

Our law firm represents and advises federal employees in OSC cases. We represent individuals accused of wrongdoing by the OSC and individuals filing OSC complaints. If you need legal assistance regarding a federal employment matter, please contact our office at (703) 668-0070 or visit our website to schedule a consultation.


Around Town

Reston’s new Taco Bell appears to be on the verge of reopening.

The fast-food restaurant at 11257 Roger Bacon Drive has been closed for months, as franchise owner Summerwood Corporation undertook a wholesale demolition and replacement of the existing building.


Countywide

Fairfax County doesn’t want to be left behind in what’s looking like an artificial intelligence arms race.

At a meeting of the Board of Supervisors Council for Economic Opportunity on Tuesday (June 3), regional government and private sector leaders discussed plans to assemble an AI Coalition.


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