CBP’s Failure to Address Misconduct Erodes Employee Morale
The Committee's investigation confirms reports of longstanding and widespread poor morale at CBP, contributing to a culture that allowed "I'm 10-15" and other Facebook groups to flourish. Case files show that agents repeatedly expressed their frustrations to OPR about a range of issues that contributed to the lack of morale in the agency. For example, Intelligence Border Patrol Agent #7 said that work conditions were "frustrating" and blamed Border Patrol leadership "at the highest levels."[68]
Poor morale at CBP has been documented in congressional testimony and nonpartisan reports. In January 2020, Anthony Reardon, the president of a major employee union that represents CBP employees, stated in written testimony to the Committee on Homeland Security:
For six consecutive years the Partnership for Public Service (PPS) Best Places to Work in the Federal Government ranked DHS last among large agencies surveyed. In 2019, PPS ranked CBP as 380th out of 420 component agencies surveyed with a drop of 2.1% from 51.6% in 2018 to 49.5% in 2019.
The Best Places to Work results raise serious questions about the department's ability to recruit and retain the topnotch personnel necessary to accomplish the critical missions that keep our country safe.[69]
In a June 2019 report, DHS OIG found widespread dissatisfaction with how leadership enforces discipline and upholds standards of accountability. The DHS OIG report states that 47% of CBP respondents disagreed that employees were held accountable at all levels. It also found that 31% of CBP respondents did not agree that senior leaders model behavior that is in line with CBP's standards of conduct and 52% agreed that CBP's senior leaders are less likely than other employees to be disciplined for violations of CBP's standards of conduct and other workplace rules and regulations.[70]
According to the Office of Personnel Management's annual Federal Employee Viewpoint Survey (FEVS), CBP scored the second lowest of DHS components in the Employee Engagement index and the New IQ index. These indices measure organizational climate and inclusiveness of work environments. CBP also scored significantly below the governmentwide average in both measures.[71] In one internal investigation related to the secret Facebook group, then-Chief Agent Scott cited the fact that CBP was getting "hammered" with low FEVS scores as a reason for joining "I'm 10-15," since membership in the group allowed him to communicate with agents and see what they were discussing.[72]
The "I'm 10-15" Facebook group was also viewed by agents as an outlet for rising tensions and low morale in the agency, according to agent interviews with OPR. One Border Patrol agent explained that the group "was a place for BPAs [Border Patrol agents] to vent."[73] A second agent said that the rise in offensive content "was attributed to low morale of BPAs and BPAs ‘injecting humor' in response to the Migrant crisis and lack of enforcement."[74]
Ultimately, as CBP has acknowledged, the offensive images and comments in "I'm 10-15" undermined the public's confidence in the agency. Shortly after initial public reporting about the Facebook group, then-Chief Provost wrote to CBP staff that the posts "directly undermine public trust in the Border Patrol and the dedication and compassion with which the rest of you undertake your duties each and every day."[75] In a public statement in 2020 regarding the initial results of CBP's internal investigation, the agency acknowledged that "I'm 10-15" posts reflected "misconduct that violates our standards of conduct and is contrary to our core values of vigilance, service to country, and integrity."[76]
In one arbitration proceeding, a CBP attorney explained the agency's concerns with an agent's offensive post related to "the image his post conveys of all border patrol agents and of the Agency, in general." The attorney further explained, "the post could cause the public to question whether agents do their jobs professionally and without bias, and that it goes directly against the professional image that the Agency strives to maintain."[77] Similarly, the deciding official explained that the actions of a CBP agent "publicly dishonored the Agency, tarnished its public image and negatively impacted its ability to fulfill its mission."[78]