A biologist at Canaveral National Seashore who raised questions about improper contracting practices was wrongly penalized for her actions, a Civil Service administrative judge has found.

In the ruling, Judge Pamela B. Jackson of the federal Merit Systems Protection Board directed the National Park Service to upgrade Candace Carter's October 2012 performance rating to "superior," allow her to take administrative leave for any medical needs, and make good on any back pay owed Dr. Carter. The ruling was released December 3 and became final January 7 when the Park Service declined to appeal

The biologist was terminated from the Park Service this past October for medical reasons related to a tick-borne disease. She has applied for disability retirement.

The case rose up in April 2011 around Dr. Carter's concerns over how contracting decisions were made at the national seashore along the Florida coastline. Specifically, she alleged that contracts for the construction of a building were broken down into "split purchases" to avoid going through competitive bidding, and that there was nepotism involved in awarding some of the contracts.

A resulting Office of Inspector General investigation found evidence to support the complaints, Judge Jackson noted in her 65-page decision. More so, she found the seashore's superintendent, Myrna Palfrey, didn't act when the allegations were brought to her attention.

"The OIG noted that Myrna Palfrey became aware of the allegations of impropriety as early as May 2011, and did nothing to address the issue. Additionally, the OIG cited Palfrey for her 'lack of candor' during the investigation, based upon several instances of Palfrey misrepresenting facts or being less than forthcoming," the administrative judge wrote. "Specifically, the OIG noted that prior to its on-site investigation, it had asked Palfrey not to notify employees of its upcoming visit. During the investigation, the OIG asked Palfrey if she had told anyone about the upcoming visit, and Palfrey replied that she had told no one.

"When the investigators noted that no one seemed surprised about the OIG visit, Palfrey then admitted she had told Eric Lugo. The OIG also noted that during Palfrey’s investigative interview, Palfrey denied having a personal relationship with Shawn and Natalie Harris, and stated, 'they don’t hang out at her home,'" Judge Jackson wrote.

And yet, the judge went on, OIG investigators found two of the park staff who were the subjects of the investigation at the superintendent's home later that night. "When confronted with the information, Palfrey admitted" that the two had been "at her home discussing the OIG investigation," noted Judge Jackson.

Superintendent Palfrey's view of the matter, the judge wrote in her ruling, simply was not believable.

"As to Myrna Palfrey’s knowledge, Palfrey, in a declaration submitted by the agency, denied having knowledge of the appellant’s whistleblowing activity until August 30, 2013, when she was informed by the Human Resources office of the appellant’s appeal to the Board. I, however, was not impressed by Palfrey’s denial," the judge wrote. "I note, as concluded by the OIG, that Palfrey failed to tell the truth on more than one occasion during the OIG investigation, and I have no confidence that she would be any more honest or forthright before the Board. I, therefore, did not credit her declaration of 'no knowledge.'”

The OIG investigation also turned up records that Superintendent Palfrey had made more than $800 worth of personal phone calls on her government cellphone over a three-month period.

While the matter was presented to the U.S. attorney, that office declined prosecution, according to Public Employees For Environmental Responsibility. OIG inquiries made in November 2012 to National Park Service Director Jon Jarvis that appropriate administrative action be taken in the matter were not responded to as required by the agency. 

“Unfortunately in today’s Park Service, superintendents are allowed to prevaricate without consequence,” PEER Executive Director Jeff Ruch said Monday in a release. “Here, a national park has not only authorized violations of law but its management then approved attacks against the public servant who reported them – all at taxpayer expense.”

Dr. Carter, in a letter to the Office of Inspector General this past October, maintained the illegal contracting practices were continuing. Later that month the OIG acknowledged her letter and said it had opened an investigation into her allegations.

“While it’s astounding that this park stumbles over something as routine as procurement rules, it springs from Canaveral National Seashore suffering from a corrupt culture,” said Dr. Carter in a PEER release. “Unfortunately it is not limited to this park, there appears to be a sick pattern  in the Park Service of  first failing to hold people accountable for wrongdoing and dishonesty and then rabidly pursuing those who actually stand up for ethical behavior.”