Smithsonian IG Found Personal Use Of Resources

"We have a situation within our walls that possess crippling potential," Cross wrote in an e-mail to Small in March 2002.

Five weeks later, on April 12, 2002, Cross was fired by Alison and Dailey, according to hearing testimony. The reason given was that he allegedly was "disruptive" and took too much time off. But the merit board judge ruled that Cross was fired illegally for his whistle-blowing activities.

The case was a rare victory for a whistle-blower. Only 2 out of 100 cases result in favorable rulings for whistle-blowers, statistics show.

The Smithsonian is appealing. "We do not believe that Gen. Dailey 'fired a whistle-blower,' " St. Thomas said in a written statement.

The judge determined that Cross had a "reasonable belief" that illegal drugs were used and that managers in general and Reese in particular had misused government time, tools and property.

The judge found that Cross failed to show that he had a reasonable belief about other allegations -- favoritism, misuse of computers, abuse of hiring practices, unauthorized use of a firearm and the pocketing of money from the sale of scrap metal.

Workers acknowledged the metal recycling, but the cash transactions could not be traced. "The scrap-metal dealers claimed they didn't have a record," said Johnson, the inspector general's investigator. One witness said the proceeds were kept in a "slush fund" to buy tools, as well as food and beer for parties, the memo stated.

Other whistle-blowers filed similar complaints. Bayne Rector, the former safety coordinator at Garber and current Smithsonian disaster preparedness manager, testified that home projects had been performed at Garber since 1977. Rector, 51, testified that the practice increased under Alison.

In an interview from Montana, where he has retired, Alison said: "You're talking about people who are totally not reliable people to begin with. That's just crazy."

In 2003, the inspector general's office made a brief reference to the case in a semiannual report, noting that "several high-level individuals in the National Air and Space Museum engaged in illegal and unethical acts. Based on our investigation, we concluded that the allegations involving the personal use of Smithsonian property, materials, and labor were substantiated."

Dailey contended at the merit board hearing that it was Alison's idea to fix his tow bar at Garber. Dailey was showing Alison his new airplane between 2000 and 2002 when Alison noticed that the plane had a bent tow bar, the device used to maneuver a plane into a hangar.