Transition Fuels FCC Staff Concerns; Transition Team Interviews Ex-Martin Staffers

Many FCC workers are concerned about a reshuffling at the agency as the new administration comes in, and that coming demotions and transfers might be politically motivated. That has occurred in the past, said both a current FCC official and National Treasury Employees Union Chapter President Ana Curtis. This uncertainty has led to many at the FCC looking for opportunities to leave the agency, Curtis --who is an attorney advisor in the Wireline Bureau -- and another current official told us. The agency and the Trump transition team didn't comment for this story.

Some current and former FCC officials said such fears are overblown and unfounded. In industry, when a new CEO comes in, it's understood a new team will be installed, said Tech Knowledge Director Fred Campbell, a former Wireless Bureau chief under then-Chairman Kevin Martin. “I have no comforting today,” O'Rielly told FCC staff as he praised their work at last week's meeting. "I'm sure things will work out as they're meant to.”

It's expected that a new chairman likely will shift leadership positions throughout the FCC to people he has worked with or who are amenable to his policies and leadership, said Paul Light, professor at NYU's Wagner School of Public Service and Policy. FCC Chairman Tom Wheeler named a new Wireless Bureau chief and several senior positions shortly after his swearing-in, several former FCC officials pointed out. It also makes sense that with new political party taking over, those leadership changes might be more sweeping, FCC officials said. “There's always some turnover when the White House changes parties,” said former Commissioner Robert McDowell, now at the Cooley law firm. Current Commissioner Ajit Pai is likely to be named interim chairman under Trump and possibly permanent chief (see 1612160037).

Some FCC staffers are concerned that this time around even rank-and-file civil servants could be affected, said Curtis and others. Some of those fears stem from a vitriolic election campaign and the actions of President-elect Donald Trump's transition teams at other agencies such as the Department of Energy, where it appeared the team was targeting employees based on the policies they worked on, Curtis said. “Transitioning from one party to another will be unusually tense this year given the election dynamics,” said Adonis Hoffman, a former aide to Commissioner Mignon Clyburn, now consultant for communications issues with his firm Business in the Public Interest. “Most staffers are not that partisan, but they could get caught up in an edgy atmosphere.”

Martin Redux?

Staff concerns are also based on the transition that ushered in Martin, the last Republican to hold the office, said Curtis and another commission official. Several FCC officials of both parties said Martin's transition period was seen as involving an unusual amount of politicized reshuffling of FCC staff, including demotions and transfers to less policy-focused bureaus such as Consumer and Governmental Affairs (CGB). Though Martin's predecessor was fellow Republican Michael Powell, the shifts were widely seen to be motivated by loyalty concerns, said current and former FCC officials. Pai and his Chief of Staff Matthew Berry both worked in the FCC under Martin.

“Commissioner Pai has worked as an agency staffer himself and greatly values the terrific work performed by the Commission's staff,” emailed Berry. He said Pai “will work to ensure that they are respected and treated fairly so long as he is privileged to serve at the FCC.”

Connections to Martin are concerning for current FCC staffers who worked on policies -- such as the net neutrality order -- that drew Republican ire or are perceived to have been close to Wheeler's office, said current FCC officials. Martin, now at Facebook, and his former Chief of Staff Daniel Gonzalez didn't comment.

Former Martin officials disputed a negative characterization of his transition or his staff. “There wasn't any more shuffling than in other chairmen's administrations,” said Campbell. If Martin demoted or moved staffers from positions in the bureaus, he also promoted from within them, said Campbell and another former Martin official. Campbell was an FCC staffer before Martin took office and was raised to head the Wireless Bureau, and other bureau chiefs under Martin had a similar background, said Campbell and another former Martin official. If the new administration targeted staffers based on their work on policies like net neutrality, it would have to sweep the Wireless Bureau clean of its most knowledgeable personnel, Campbell said. “There is always a critical need for substantive subject matter experts, regardless of the politics of the situation,” said McDowell.

Safeguards

The incoming administration isn't totally free to replace existing FCC staff, Light said. It's “nearly impossible” to remove civil servants without several years' worth of documentation, he said. It's easier for an incoming administration to deploy “the Siberia rule,” shunting officials to places where they're less able to influence policy. At the commission, this might mean a transfer from a policy-focused bureau such as the Media Bureau to one that is less so, such as CGB, said a current FCC official.

Under Martin, many were moved to the then-new Public Safety Bureau. There can be consequences to an incoming administration engaging in a great deal of politically motivated demotions or transfers, Light said. He pointed to a scandal over U.S. attorneys that led to many congressional hearings during President George W. Bush's administration.

There are some positive signs from the transition team, Curtis said. The team is made up of officials who are knowledgeable about the FCC and its issues, which is encouraging, she said. "They understand the mission of the agency.” A Republican FCC working under a Republican Congress and a GOP president might also face less of a funding struggle, Curtis noted. Having sufficient resources for a change could make working at the FCC more attractive, she said. Some employees see the upcoming shake-up as overdue, Curtis said. Sometimes, civil servants keep their jobs too long, she said. That point is borne out by a survey of FCC workers released by the Office of Personnel Management in October, which showed more than 70 percent of FCC employees feel management doesn't take steps to deal with poor performers, and that pay raises aren't tied to job performance (see 1610140065).

“A lot of the bureaucracy needs a change,” Curtis said. “The good thing about bureaucrats is that we try not to be partisan about the job that we do,” she said. “What's important is the job.”