FAMS Clarifies its Policy on Employees' Public Speech

Air Safety Week,  April 24, 2006  

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Following is the text of last week's internal, broadcast email from Federal Air Marshal Service (FAMS) administration to all agency employees:

From: Assistant Director, Office of Mission Support

Sent: Tue 18-Apr-06 06:19

Subject: OMS 3700: Clarification of Section 18(a) ("Public Statement and Appearances") and Section 19 ("Release of Sensitive or Classified Information")

The purpose of this memo is to address the scope of the right of all FAMS employees to engage in protected public speech regarding FAMS and FAMS management. The applicable standards are provided in OMS Directive 3700, Employee Responsibilities and Conduct, dated July 26, 2005. This Directive supersedes ADM Directive 3700, which was dated August 9, 2002. OMS Directive 3700 will remain in effect unless cancelled.

Nothing in OMS Directive 3700 is intended to limit the free public expression of an employee's personal opinions or observations about matters of public concern relating to the FAMS.

Section 18(a) of OMS Directive 3700 does prohibit employees from undermining teamwork or public confidence in FAMS by criticizing or ridiculing other FAMS, TSA, or DHS employees in a manner deemed defamatory, obscene, unlawful, unprofessional, or which constitutes harassment based on sex, race, ethnicity, national origin, or sexual orientation, and which impairs the operation or efficiency of the FAMS, TSA [the Transportation Security Administration], or DHS [the Department of Homeland Security]. Speech is deemed "unprofessional" only if it violates the principles set forth in section 7 of OMS Directive 3700.

When engaging in public speech, FAMS employees must comply with all laws and policies safeguarding the unauthorized disclosure of critical infrastructure information, classified information, sensitive security information, information protected under the Privacy Act, or other sensitive or secret information, except in conformity with all applicable statutes, regulations, policies and executive orders.

As used in OMS Directive 3700 section 19, the phrase, "other sensitive or secret information," is limited to information that is otherwise designated as not subject to disclosure by statute, regulation, executive order, or a formal written policy of DHS, TSA, or the FAMS.

Supervisors are encouraged to provide this broadcast message to new employees when providing them with copies of OMS Directive 3700.

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