Ig Letter46100

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February 2, 2022

RE: Investigation into Irregularities in the Selection of Samuel Brinton for a Career Senior
Executive Service Appointment at the U.S. Department of Energy

Mr. Norbert E. Vint


Deputy Inspector General
U.S. Office of Personnel Management
1900 E Street, NW, Room 6400
Washington, DC 20415-1100

Dear Deputy Inspector General Vint:

This letter requests your immediate investigation into substantial irregularities in the recruitment
and selection processes for the career Senior Executive Service (SES) appointment at the
U.S. Department of Energy of Samuel Brinton for a highly sensitive position as a senior executive
manager of the nation’s nuclear waste policy and programs. The position title is Deputy Assistant
Secretary of Spent Fuel and Waste Disposition in the Office of Nuclear Energy

As Deputy Inspector General for the U.S. Office of Personnel Management (OPM), yours is the
critical responsibility to assure that statutory and regulatory requirements are followed in the selection
and placement of federal employees. For this reason, this letter is being sent to you.

Investigation of Candidate Review Board Selection Process

• OPM has issued statutory-based regulations stating that SES career appointments “must be
based on merit competition” and ensure that the executive management of the Government of
the United States is of the “highest quality.” This appeal contends that these merit-based
requirements have not been met by the review board in the selection of Samuel Brinton over
other more highly qualified candidates, nor in the initial recruitment process.

• OPM documentation states that such competitive actions “should fully conform to the spirit
and the letter of 5 U.S.C. 2302 on prohibited personnel practices (PPP), including the
prohibition against political consideration, either favorable or unfavorable.” This request for
an investigation is based on knowledge that undue political influence and preferences were
applied to select Samuel Brinton for this SES position. Also in the Office of Nuclear Energy,
after the placement of the former career Principal Deputy Assistant Secretary became
circumspect for violating PPP, the incumbent was reassigned as a political appointee Senior
Advisor in the Office of the Secretary. Since the Senior Advisor has recently been nominated
for the political appointment of the Director of the Office of Nuclear Energy, it is possible that
a full OPM IG investigation of PPP associated with the prior career appointment may be
avoided after Senate hearings. Once confirmation is final, there is concern that any requests
for an investigation of improprieties associated with the selection of Sam Brinton for the career
Deputy Assistant Secretary position in the same office will be silenced.

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February 2, 2022

RE: Investigation into Irregularities in the Selection of Samuel Brinton for a Career Senior
Executive Service Appointment at the U.S. Department of Energy

• Pursuant to U.S.C 2302, “OPM may review proposed career appointments to ensure they
comply with all merit staffing requirements and are free of any impropriety.” This appeal
seeks investigation of PPP violations based on:
o discrimination against other qualified candidates in favor of Samuel Brinton
[5 U.S.C. § 2302(b)(1)],
o granting unauthorized advantage of Samuel Brinton over other qualified
candidates [5 U.S.C. § 2302(b)(6)],
o coercing political activity to further social-political preferences and beliefs
[5 U.S.C. § 2302(b)(3)], and
o obstructing competition by unfairly chilling open and fair consideration of other
candidates for the position [5 U.S.C. § 2302(b)(4)].

• It is requested that your investigation also address compliance factors associated with the list of
merit staffing requirements defined by OMP for agencies in executive review board processes
and the selection of Samuel Brinton for this SES position. The investigation should include,
but not be limited to, the following:
“As a minimum, agencies must –“

o ”Provide that competition be fair and open, that all candidates compete and be rated and
ranked on the same basis, and that selection be based solely on qualifications and not
on political or other non-job-related factors.”

o “Provide that the rating procedures sufficiently differentiate among eligible candidates
on the basis of the knowledges, skills, abilities, and other job-related factors in the
qualifications standard for the position so as to enable the relative ranking of the
candidates.”

o “Provide that the appointing authority select from among the candidates identified
as best qualified by the ERB and certify the candidate's executive and technical
qualifications.”

o “Provide that the appointing authority or the ERB certify in writing that appropriate
merit staffing procedures were followed.”

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February 2, 2022

RE: Investigation into Irregularities in the Selection of Samuel Brinton for a Career Senior
Executive Service Appointment at the U.S. Department of Energy

Investigation of Candidate Qualifications

Candidates for SES positions must meet the established OPM mandatory Executive Core
Qualifications (ECQs), as well as other Mandatory Technical Qualifications (MTQs) specific to
the position. The foundation of all ECQs is based on the OPM defined “Fundamental
Competencies” for SES positions.

Samuel Brinton has no prior federal government experience, no executive management or operations
experience, training, or skills, nor does he meet ECQ criteria or the fundamental SES competencies.
His background is limited to select advocacy work and an academic background at the
graduate-degree level which together satisfy requirements for the competitive placement of a
qualified GS-11 in federal career service, not a high-standing member of the SES.

The lacking core qualifications of Samuel Brinton for investigation should include, but not be
limited to the following:

o The ECQ for Business Acumen requires knowledge and experience in financial
management, human capital management, and technology management. Samuel
Brinton has none of the business management experience, skills, or abilities necessary
in any of these functional areas that satisfy this ECQ.

o The ECQ for Building Coalitions requires political savvy (e.g., “Perceives organizational
and political reality and acts accordingly”) as well as the ability to partner and influence.
Samuel Brinton does not have the executive-level judgment, experience, or skill
necessary to manage and lead resolution on the exceptionally sensitive issues involving
nuclear waste, nor does his personal or professional history demonstrate the exemplary
professional character required of a high-level U.S. government public servant, especially
one who would be serving in a public trust position, receive approval for a top security
clearance, and have access to classified information.

o “Interpersonal skills” – This fundamental ECQ competency requires that a member of


the SES “Considers and responds appropriately to the needs and feelings of different
people in different situations.” There is video-taped and published evidence that
Samuel Brinton is biased in his treatment of others who do not share his gender-fluid
identity and associated life-choice practices.

o “Integrity/honesty” – This fundamental competency assures that the SES member


“Behaves in an honest, fair, and ethical manner. Shows consistency in words and
actions. Models high standards of ethics.” There is extensive video-recorded and
documented evidence that Samuel Brinton delivers inconsistent narratives in his
speaking engagements and published writings, that he changes facts to suit audiences in
a way that raises questions about the veracity of his statements, and that he has been
known to act in a manner which incites controversy in a variety of public settings.

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February 2, 2022

RE: Investigation into Irregularities in the Selection of Samuel Brinton for a Career Senior
Executive Service Appointment at the U.S. Department of Energy

Other Considerations

This requested IG investigation is based on knowledge of improprieties in the recruitment and


selection processes for this important career SES position, as well as the lack of qualifications of
selected candidate Samuel Brinton over other more highly qualified candidates who meet the
fundamental competencies and core qualifications, which he does not have.

Additionally, there is concern that making personnel selection decisions for career positions based
on political considerations and gender-fluid identity as means of exerting political influence over the
workforce, and at the expense of other better qualified candidates, is not the intent of the U.S. civil
service laws or the U.S. constitution. Allowing political appointees at federal agencies to exercise
such irregular hiring practices could open up this case and others like it to legal challenges and
intense public scrutiny. Such consequences could defeat the well-intentioned, widely supported
goals of diversity and inclusion, as well as unintentionally quash supervisory opportunities for other
minority candidates, who have earned qualifications through progressive career development,
relevant certifications and training, and many dedicated years of successful professional experience
and respectable public service.

In OPM’s own words: “Senior Executives Senior executives play an important role in the management
of executive resources. They have the challenge and responsibility to transform the Nation’s laws and
administration policies into effective service to the public. This demands leadership, professional
integrity, and commitment to the highest ideals of public service. Federal executives must develop a
sense of ownership and pride in a set of common goals, values, and attitudes that extend beyond
individual aspirations and transcend their commitment to a specific agency mission.”

The U.S. Government interest in the nuclear security mission and controversial nuclear waste issues
require strong executive leadership with attributes of professional integrity and sound judgement that
are above reproach. Ample evidence exists that Samuel Brinton does not exhibit these essential traits
nor is he qualified or a suitable candidate for this important position of public trust.

This case merits your immediate, serious, and decisive investigation.

Respectfully submitted,

/s/
Long serving public servant at the U.S. Department of Energy

Enclosures

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