Missing FirstNet question may shed light on organization’s early hiring practices

To date, we have heard nothing about that IG investigation. However, FirstNet practices regarding contractors changed abruptly and dramatically soon after the matter was handed to the IG. Consultants/contractors at the time saw their FirstNet deals expire—unfortunately leaving FirstNet without much-needed technical support for months, according to FirstNet Chairwoman Sue Swenson—and new contractors were hired under normal government procedures.

In fact, FirstNet is looking and acting decidedly like a government agency today, following federal guidelines for hiring—a slow process, sometimes frustratingly so—and expressing plans to adhere to federal procurement rules in the future. Some note that FirstNet is becoming more “independent” as it hires new staff, because that reduces its reliance on NTIA staff, which were forced to do a lot of work for FirstNet until the past year or so.

Finally, many of the board members that were associated with the internal investigation into Fitzgerald’s allegations are now gone. Ginn, Farrill and Wellington Webb—the former Denver mayor who chaired the board’s investigation committee—all resigned prior to new board appointments being announced earlier this month. Fitzgerald and Charles Dowd—the former New York Police Department (NYPD) deputy chief who was slated to help investigate the conflict-of-interest claims before the IG office took over—both wanted to return to the board but were not reappointed.

Now, all of this may be pure coincidence—indeed, there is no indication otherwise—but the bottom line is that FirstNet is a very different organization today than the one that Gordon’s references in his story.

In the end, it appears that FirstNet—as well as NTIA and the U.S. Department of Commerce—have decided that FirstNet should operate like any other government agency, with the notable exception of having to follow disclosure rules such as the Freedom of Information Act (FOIA), because that exception is cited specifically in FirstNet’s enabling legislation. While the FOIA exception is a primary focus for the public, some believe that the biggest impact may be that FirstNet does not have to follow the Paperwork Reduction Act, which can add significant time to various matters.

Upon my first glance of FirstNet’s legal interpretations, I was disappointed that the “independent authority” question was not part of the document, because the issue has long needed clarification and seemed appropriate for public debate and/or Congressional input. However, if FirstNet and NTIA already have determined the answer to the “independent authority” question, there is no reason to conduct the exercise today, although a statement clarifying FirstNet’s role would be nice, so everyone knows the rules and expectations.

Hopefully, FirstNet has found its niche in the government arena and is free to concentrate solely on its mission, because there is a lot that needs to be done for this massive project. To this end, it would be helpful if the IG office could issue any of its findings from the Fitzgerald investigation as soon as possible, so FirstNet does not have an unwanted cloud hanging over it as it tries to build this important system.