Administrative Investigation, Reprisal Issues, VA Great Lakes Health Care System, Hines, IL

Dr. Joan Cummings, Director of the VA Great Lakes Health Care System (VISN 12) allegedly gave Mr. John DeNardo, Director, Edward Hines, Jr. VA Medical Center, and Mr. Alfred Pate, Director, North Chicago VA Medical Center, lower than expected annual appraisals in November 1999 because they engaged in protected activities. These two Directors allegedly refused to carry out orders that would require them to violate a law, made protected disclosures, and provided information to the Office of Inspector General. We found that Mr. DeNardo and Mr. Pate engaged in one or more protected activities that, due to the timing of events, may have been contributing factors in their annual ratings; however, in both instances, we concluded that Dr. Cummings had clear and convincing evidence that she would have rated them the same even had they not engaged in protected activities.