FEMA retaliated against employees who signed a letter of dissent, the Katrina Declaration; after whistleblower complaints were filed, the reprisals ended
WASHINGTON—Today, Federal Emergency Management Agency (FEMA) employees who were illegally terminated or placed on administrative leave for exercising their First Amendment and whistleblower rights returned to work. On August 25, 2025, the employees sent a dissent letter to Congress -- The FEMA Katrina Declaration -- protesting gross waste and mismanagement, abuses of authority, dangers to public health and safety, and violations of laws, rules and regulations by Agency management.
The next day, the Department of Homeland Security (DHS) put the public signers on indefinite administrative leave, ordered them to cease all work and not contact anyone at FEMA and DHS. FEMA’s Office of Professional Responsibility then began retaliatory investigations of the public signers. The employees acknowledged they had in fact signed the Declaration following which the Agency terminated an employee on the sole charge that signing the declaration was “Conduct Unbecoming a Federal Employee.” According to the Specification supporting the charge, the Declaration:
[I]ncluded multiple disparaging comments and allegations directed at the Federal Emergency Management Agency, the Department of Homeland Security, the current Administration, and its members, which undermined the Agency’s goals and mission.
During this time, the public signers filed whistleblower complaints with the U.S. Office of Special Counsel (OSC). They were assisted by Government Accountability Project, in partnership with Lawyers for Good Government (L4GG) and Stand Up for Science (SUFS), and pro bono counsel Brandy Mai (brandy@bmailawyer.com), Andrew D. Rotstein (andrew.d.rotstein@gmail.com) and Joshua R. Cohen and Ellen R. Kramer (jcohen@crklaw.com).
Today, the employees returned to work after FEMA ceased retaliating. According to FEMA management:
Although the [Report oof Investigation] substantiated the employee’s involvement with the so-called Katrina Declaration, FEMA’s legal counsel has advised that the employee’s actions are protected under the Whistleblower Protection Act (5 U.S.C. § 2302(b)(8)) and the First Amendment of the U.S. Constitution. These protections ensure that employees can disclose information related to misconduct, abuse, or violations of law without fear of retaliation, provided the disclosure is made in good faith and aligns with statutory protections. As a result, my recommendation is that this matter be closed with no disciplinary action.
David Z. Seide, Senior Counsel at Government Accountability Project, said:
FEMA did the right thing. This case is important precedent. It reaffirms what should be obvious: it is unlawful to retaliate against federal employees who exercise their free speech and whistleblower rights by publicly dissenting against agency policies, especially those that place lives in danger.
Amy Powell, Litigation Director of Lawyers for Good Government, said:
Lawyers for Good Government and our volunteers are proud to stand with the FEMA whistleblowers. All of our clients who were placed on administrative leave have now been fully reinstated, but reinstatement is just the first step. These public servants fulfilled their legal and moral obligation by exposing serious threats to public safety, and future whistleblowers deserve protection, not punishment. We urge both FEMA and Congress to take their warnings seriously and begin the critical work of reform, ensuring accountability for the failures they exposed.
Colette Delawalla, Founder and Executive Director of Stand Up for Science, said:
Our team at Stand Up for Science is pleased to see all Katrina Declaration signers reinstated. We are proud of these public servants for speaking up and continue to rally behind all who desire to use their First Amendment rights and whistleblower protections to call attention to the harms this Administration’s policies are causing for the American public.
We share the following statement from the Katrina Declaration Signers:
We’re thrilled that our coworkers have been reinstated and are back to serving the American people. These actions reaffirm what we’ve said all along: these employees did nothing wrong. Their retaliation was part of a broader pattern that also targeted employees at the Environmental Protection Agency, the Department of Housing and Urban Development, The United States Department of Agriculture and the National Institutes of Health. We call for every one of those workers be reinstated immediately.
The retaliation was a wasteful and costly political stunt, and the concerns we raised in the Katrina Declaration remain unresolved. Programs are still stalled, funding remains frozen, and our ability to respond to disasters continues to be weakened. As we work toward real solutions, it’s critical that leaders listen to the people who know this work best, the experts and professionals who understand what it takes to build a stronger FEMA. We urge Congress to advance the FEMA Act now so the agency can restore stability, uphold its legal obligations, and protect communities effectively. The work ahead is significant, and we will continue to stand up and speak out for disaster survivors everywhere.