Todd Jacobson
WC Monitor
4/3/2015
Richard Reback, the acting general counsel of the Defense Nuclear Facilities Safety Board, was placed on administrative leave last month after the Department of Energy revoked his security clearance, WC Monitor has learned. DOE’s decision to revoke Reback’s clearance was sparked by an investigation by the Nuclear Regulatory Commission Inspector General—which is serving as the IG for the Board—into statements made by Reback when he was applying for his security clearance, according to officials with knowledge of the investigation.
Reback came to the DNFSB as its deputy general counsel after time at the Department of Homeland Security’s Inspector General Office, and officials have alleged that he was not completely forthcoming with DOE about an ethics complaint against him when he was applying for his security clearance. Reback became the acting general counsel when DNFSB General Counsel David Jonas was placed on administrative leave while an investigation into a hostile work environment in the Office of the General Counsel began. Jonas ultimately left the DNFSB after lodging a complaint with the IG about the conduct of former DNFSB Chairman Peter Winokur.
Search for Permanent GC Underway
Reback was placed on administrative leave March 19, and John Batherson is currently serving as the acting general counsel while a search is conducted for a permanent replacement to Jonas. DNFSB Vice Chairman Jessie Roberson declined to comment this week on Reback’s status. “The Defense Nuclear Facilities Safety Board’s (Board) policy is not to discuss personnel matters of any of its current or former employees,” Roberson said in a statement. “The Board respects the rights of its employees in these matters.” Reback, who can appeal the decision on his security clearance, did not respond to a request for comment.
The situation represents the latest black eye for the DNFSB, which has been beset by infighting and poor morale in recent years. An external report on the Board earlier this year revealed that a “divisive and dysfunctional relationship” among DNFSB members played a large role in sapping the morale among DNFSB staff, which was revealed to have dropped precipitously in recent years according to yearly federal surveys. Jonas’ departure was also part of significant upheaval among Board staff. General Manager Marcelyn Atwood was fired in 2013 after joining the Board on a probationary period and Technical Director Tim Dwyer was demoted to serve as a Group Leader after serving on a temporary assignment, according to officials familiar with Board issues. Winokur, the Board’s chairman, retired several months ago.
