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MONDAY, OCTOBER 1, 2001

Compounding problems for the government as it tries to convince a skeptical Congress to allocate more money for trust reform projects, the special master in the Cobell v. Norton lawsuit has recommended the Department of Interior be held in contempt for ignoring and impeding court orders.

Senior Interior management "neglected to marshal its resources, impose its authority, and demand" compliance with a February 8, 2001, court order prohibiting retaliation against employees, special master Alan Balaran charged in a 25-page document on Friday. Management failed to take "all reasonable steps" and inform employees of the order, waiting in many cases more than a month to publicize its existence, added Balaran.

Yet even when top managers and lawyers within the Interior's Office of the Solicitor attempted to spread word that employees should feel free to contact the court with any information regarding the trust fund, their efforts "appear to have been designed to undercut" the type of communication the order was designed to encourage, Balaran said.

For failing to carry out the order in an "appropriate" manner, Balaran is therefore urging U.S. District Judge Royce Lamberth sanction the Interior. "It is the finding of the Special Master that defendant violated both the letter and spirit," of the order, wrote Balaran.

"Those who chose to evade the spirit can not similarly avoid accountability," he continued.

Balaran's recommendation adds yet another black eye to the Interior's history of alleged retaliation against employees. After criticizing the government's efforts to fix the broken system, a computer analyst was sent home, where she continues to draw an $80,000 yearly salary.

Also, a top manager who questioned the government alleges he was forced into early retirement. Through court orders and directives, Balaran sought to prevent similar incidents and has faced resistence from the government.

But while the cases in question occurred under the watch of former Secretary Bruce Babbitt, his successor Gale Norton is dealing with the fallout. Just two weeks after she took office in February, a contempt trial was recommended against former members of the Clinton administration for retaliating against a Bureau of Indian Affairs employee.

At the same time, Norton hasn't escaped criticism for the actions taken by her subordinates, some of whom have been retained by the Bush administration. "The cry that 'it didn’t happen on our watch' can no longer provide a defense for this administration," wrote court monitor Joseph S. Kieffer III last month a scathing conviction of Norton's trust fund failures.

Whether Lamberth agrees to hold anyone in contempt, however, is another question. Faced with a busy schedule, he has yet to act on February's contempt recommendation.

In its defense, the Interior cites that it has changed how it handles the Cobell lawsuit. Solicitor Bill Myers has recused two members of his staff from the trust fund after Kieffer blasted their actions.

No similar steps have yet been taken against other Interior managers who have also been cited for impeding trust reform.

Get the Recommendation:
Interior in Violation of Anti-Reprisal Order (9/28)

Relevant Links:
Office of the Special Trustee - http://www.ost.doi.gov
Trust Management Improvement Project - http://www.doi.gov/bia/trust/tmip.htm
Indian Trust: Cobell v. Norton - http://www.indiantrust.com

Related Stories:
Trust fund holders call for contempt (8/28)
Norton accused of harassment (6/12)
Norton targeted for contempt (3/15)
Message to Norton: Don't Threaten Us (3/7)
Interior contempt trial recommended (2/22)
Ex-employee says harassment started at top (2/15)
Intimidation alleged at Interior (2/14)