September 2014
C4C
EXCHANGE NEWSLETTER Healing By Helping Others
IN THIS ISSUE: DO YOU KNOW: Unauthorized Practice of Law
1
HEALING BY HELPING OTHERS
1
A MUST READ: Settlement Agreements & More
2
IS YOUR LAWYER’S BILL TOO HIGH?
2
NEWSWORTHY: HR 4197 All Circuit Review Extension Act
2
LINKS HOT TOPIC: Attorney Fees
3 4
Tanya Ward Jordan
A WORD FROM: Health &Wellness Chair-Ferguson and Beyond 4 CASE HIGHLIGHT: Sanctions
4
SHARING THE WORD: Greetings Chair
6
ACTIVITY UPDATE
6
FEDERAL EMPLOYEE ABUSERS
7
MEMBER SPOTLIGHT: Dennis Moore WELLNESS WATCH
7
Picture by Kelli. L. Jordan
In 2009, I founded the Coalition for Change, Inc. (C4C) after suffering the indignity and debilitating health effects of race discrimination and retaliation by my employer, U.S. Department of Commerce. Prior to forming C4C, I served as a class agent in the race based discrimination class complaint Janet Howard, et. al vs U.S. Department of Commerce class.
8
After spending years in a protracted federal employment complaint process and seeking ways to dodge the many litigation landmines of injustice, I realized it was vital that those who were brave enough to speak up against federal workplace abuse have a “support network.” It is for this reason, I formed C4C. The volunteer group, which addresses “race” discrimination and retaliation in the federal government, serves as a spiritual and informational support for minorities, in particular, African Americans who – at great personal, professional, and monetary expense -
Do you know about the GENERAL ATTORNEY SERIES GS-905? Attorneys classified under OPM GS-0905 series are required to be “ACTIVE” members of a state bar. The work of this series requires admission to the bar. It has been reported to C4C that some “attorneys” handling employee cases have failed to stay active and some may be engaging in the unauthorized practice of law.
“C4C - Addressing Racial Inequality and Retaliation in the Federal Workplace” 1
September 2014
A MUST READ
- have exposed civil rights violations within the federal sector. C4C also serves to advocate for enhanced accountability (i.e. mandatory discipline for those found guilty of breaking civil rights laws) and transparency in the federal complaint process.
Clean Record Settlement Agreements and the Law
A Merit Systems Protection Board report entitled: Clean Record Settlement Agreements and the Law, dated December 2013, discusses the importance of agencies carefully choosing the language of clean record agreement (CRAs) and fully understanding the parties’ obligations—both explicit and implied. When used in the Federal civil service, a (CRA) represents a contract between a Federal agency and past or current employee in which the agency agrees to remove potentially negative information from the employee’s record. In exchange, the employee agrees to drop employment-related claims against the agency Is Your Lawyers Bill Too High? Citizen’s Legal Guide
REPRISAL: Picture of the storage closet I was reassigned to after becoming active in the Janet Howard class complaint.
“Lawyers charge three basic kinds of fees— flat, contingent and hourly. You need to understand how each of these billing systems works to know what you are agreeing to pay when you hire an Attorney “
The unbridled abuse I faced as a civil servant as well as witnessed in the federal sector underscored the need to address race discrimination and reprisal in “unity of voice.” It also revealed to me that the secret of healing often lies in “helping others.” The Rescue “He comes alongside us when we go through hard times, and before you know it, he brings us alongside someone else who is going through hard times so that we can be there for that person just as God was there for us.” 2 Corinthians 4-14 (The Message)
All Circuit Review Extension Act (H.R. 4197) Primary sponsor and Ranking Member Elijah Cummings (D-Md) introduced the legislation, joined by original co-sponsors Committee Chairman Darrell Issa (R-Ca),
“C4C - Addressing Racial Inequality and Retaliation in the Federal Workplace” 2
September 2014 Federal Workforce Subcommittee Chairman Blake Farenthold (R-Tx), Chris Van Hollen (DMd) and Gerald Connolly (D-Va). The Act would extend for an additional three years the landmark "all circuit review" pilot program in the Whistleblower Protection Enhancement Act (WPEA) unanimously approved by the 112th Congress.
(Click To Read) SOURCES EEOC Brochure on Retaliation & Reprisal EEOC Case Law Updates Penalties for non-compliance with Privacy Act
The All Circuit Review Extension Act extends the authority for federal employees who appeal a judgment of the Merit Systems Protection Board (MSPB) to file their appeal at any federal court, instead of only the U.S. Court of Appeals. “Prior to this pilot program, federal whistleblowers were at the mercy of the Federal Circuit, which had ruled against whistleblowers in an astonishing 226 out of 229 cases since 1994.”
ARTICLES EEOC report paints an Uncle Sam all too human Joe Davidson | August 24, 2014 Delays, denials by Department of Veterans Affairs deliver 'death sentence' to cancer victim Mark Flatten | August 18, 2014 Three Charts Showing How White Males Hold the Highest-Paid Federal Jobs Eric Katz , August 20, 2014
CLICK HERE TO LEARN MORE
U.N. urges U.S. to stop police brutality after Missouri shooting By Stephanie Nebehay August 29, 2014 Obama signs $16 billion VA overhaul into law By Drew Griffin, Scott Bronstein and Tom Cohen, CNN |August 7, 2014 Whistleblower Summit For Civil & Human Rights Echoes King’s Call For Truth Kyle Graczyk, | August 04, 2014 CALL TO ACTION Tell President Obama CIA Director Has To Go! Project on Government Oversight Petition
Investigate Federal Case of IRP6 Court Transcript Missing A Just Cause Petition Sign the petition: Stop the Federal takeover of the Internet! A Project of American Commitment C4C’s Civil Rights Chair, Ms. Paulette Taylor, introduces Rep. Elijah Cummings at 2014 Whistleblower Civil Rights and Human Rights Summit.
BLOG: Ferguson: Ten Bloggers Speak Out FYI: Fugitive Slave Act - passed by the United
States Congress on September 18, 1850. The Act required that all escaped slaves were, upon capture, to be returned to their masters. “C4C - Addressing Racial Inequality and Retaliation in the Federal Workplace” 3
September 2014 HOT TOPIC: Attorney Fees
Well, in the world of Black America not only do officers shoot because they can, they do much more because the judicial system does little to protect vulnerable citizens. The fact is -- we are at a crisis in public service and public administration. Too many communities are just as afraid of law enforcement as they are of criminals. The public is not served by police officers that commit injustices with impunity. How did we get here? Why is there so little trust in the American judicial system by many Black Americans?
29 CFR 1614.501 Remedies and relief attorney fees may be paid but it is not – ‘automatic” particularly when negotiating terms in a “settlement agreement. 29 CFR §1614.501 Attorney's fees shall be paid for services performed by an attorney after the filing of a written complaint, provided that the attorney provides reasonable notice of representation to the agency” …. however note, EEOC has found that a settlement agreement
that fails to preserve the issue of fees and costs operates as an implicit waiver of fees and costs. The Commission therefore has strongly encouraged parties to resolve fee and cost issues by negotiated settlement.
The answer to that question lies in America’s history and the formation of his country. For most Black Americans the Supreme Court and the U.S. Constitution is a double edged sword. A parallel exists between the current situation in Ferguson, Missouri and the Dred Scott case of 1857 that originated in nearby St. Louis. Scott, an enslaved African American, sued the United States for his freedom, but was rejected by the Supreme Court. In his decision, Chief Justice Roger Taney said Dred Scott a man born into slavery but traveled to a free state had “no rights which the white man was bound to respect.” Dred Scott petitioned the Supreme Court for his freedom as a result of the 1850 Missouri compromise.
AWord From… C4C’s Health & Wellness Chair: Ferguson and BEYOND ~Arthuretta Martin
“A Black man has no rights which the white man is bound to respect.” Like most of you I am shocked, saddened and dismayed at the shooting death of Michael Brown in Ferguson, Missouri. This death has opened a chasm within the American psyche that has festered for centuries. It picks at the scab of deep seated experiences and memories that left scars. Scars remind us of what happened. Many people – not just white people - want to ignore and forget, move-on. They want to believe that America is so far removed from what it was life was like for those of us of the darker hue for hundreds of years. They want to believe that if a Black man is shot down he surely did something to deserve it.
Sup. Ct. C.J. Roger Taney, Dred Scott Decision, 1857
Then there was the Plessy vs. Ferguson Supreme Court decision that justified segregation aka American apartheid. It was the Constitution that said Black people were 3/5ths of a human being. Then there were the lynchings. There were and continue to be many courthouses that "justified" the actions of many vigilantes and many police officers to maim and murder black people in the name of "fear." All of this is "the law of the land." It took 300 years of slavery and 150 years of segregation
“C4C - Addressing Racial Inequality and Retaliation in the Federal Workplace” 4
September 2014 before we were even considered "equal" in the eyes of the law. That happened in my life time 1964. When I was a child I went to segregated schools in the south.
will be a catalyst to action. Let the healing begin.
CASE HIGHLIGHT
The American legal system has historically not been a friend of black people; especially black men. Sadly the question we find ourselves is the same question Dred Scott asked, Plessy asked, Brown asked, Trayvon Martin asked, the thousands whose names we will never know ask and now Michael Brown's family is asking - is there any right that the white man is bound to respect? Especially if that man is behind a badge? If we are Black and Brown American citizens need to know the answer to that question. The actions of police departments nationwide is - no you have no rights we are bound to respect. Not even the right to have your body covered after we have killed you.
Commission Sanctions Agency by Issuing Default Judgment Complainant v. Dep't of Agriculture, EEOC Appeal No. 0120113592 (June 5, 2013),
Sadly because Michael Brown was "big" and "threatening" to this police officer, he didn't even get the opportunity for due process. Why? Because the officer believed he had the right to be judge, jury and executioner. Today there are more Supreme Court decisions that support the officer than support those victimized by police brutality. The question before our legal system is: Does a black man have any right that a police officer, especially a white police officer, is bound to respect?
Complainant filed a formal EEO complaint alleging that the Agency discriminated against him on the bases of his race, disability and prior EEO activity when it failed to provide him with reasonable accommodation, issued him a Leave Restriction Letter, issued him a Letter of Caution, and subjected him to a hostile work environment. Most notably, in this case, the Commission issued a Show Cause Order informing the Agency that the complaint file was incomplete. The Commission noted that the Agency failed to provide the supplemental information regarding Complainant's claim of harassment or an explanation as to why it did not submit the complete complaint file. The Commission stated that its regulations are perfectly clear that the Agency has an obligation to submit the complete record within a timely manner. Therefore, the Commission sanctioned the Agency by issuing a default judgment in favor of complainant as to the hostile work environment claim.
Is diversity a solution to the distrust? Diversity is one aspect but not the panacea. Black people who work for institutions are subject to the culture of that institution. If they do not “go along to get along” they will be let go or worst they will be the subject of the same if not worst retaliatory practices of the institution. Change must start at the top and from within to improve the quality of life within communities. We must demand a change in both the law and the attitudes of those with badges and guns. We must raise our voices to let our pain known but with that voice we must also provide solutions and action to improve the plight of disenfranchised people. I pray the sad loss of our young people to senseless gun violence and police brutality
“C4C - Addressing Racial Inequality and Retaliation in the Federal Workplace” 5
September 2014
Sharing the Word C4C’s Greetings Chair ~Terri Williams
God The Refuge of His People and Conqueror of the Nations --Psalm 46: 1-11
The C4C met with Oversight and Government Reform Committee staffers about the need for discipline to hold civil rights violators accountable and provided twelve (12) measures to foster enhanced accountability and transparency. The C4C provided comments in a recent Washington Post article giving insight into why more qualified African Americans are not in senior executive pay positions.
The C4C received call from caller purporting to be a former “high-level” federal manager expressing bias views as to why more Black Americans are in Federal positions. View uploaded YouTube.
God is our refuge and strength, A very present help in trouble. Therefore we will not fear, Even though the earth be removed, And though the mountains be carried into the midst of the sea; Though its waters roar and be troubled, Though the mountains shake with its swelling.
There is a river whose streams shall make glad the city of God, The holy place of the tabernacle of the Most High. God is in the midst of her, she shall not be moved; God shall help her, just at the break of dawn. The nations raged, the kingdoms were moved; He uttered His voice, the earth melted. The LORD of hosts is with us; The God of Jacob is our refuge.
The C4C continues to outreach with other groups such as A JUST CAUSE The C4C participated in rally to address mass incarceration and murder of brown and black males as well as the militarization of police officers within the communities. RALLY VIDEO
Come, behold the works of the LORD, Who has made desolations in the earth. He makes wars cease to the end of the earth; He breaks the bow and cuts the spear in two; He burns the chariot in the fire. Be still, and know that I am God; I will be exalted among the nations, I will be exalted in the earth! The LORD of hosts is with us; The God of Jacob is our refuge.
May God be a blessing to readers and doer of His Word, Amen! Keep Still and Trust God!
The C4C joined with other civil rights organizations, led by the No FEAR Coalition, in signing a letter to address murder, mass incarceration, & militarization. The sign-on letter was presented to officials within the U.S. Department of Justice. See letter content at http://www.scribd.com/word/document _edit/237965714
“C4C - Addressing Racial Inequality and Retaliation in the Federal Workplace” 6
September 2014
MEMBER *Spotlight*
Office of Special Counsel: Federal Register Notice –“Customer Surveys”
DEJA VU: PRELUDE TO MICHAEL BROWN AND FERGUSON, MISSOURI C4C member Dennis Moore recently published his latest book review, which addresses his connection to Ferguson, Missouri.
The U.S. Office of Special Counsel (OSC) plans to request approval from the Office of Management and Budget (OMB) for use of an expanded version of an approved information collection consisting of an electronic customer survey form. OSC is required by law to conduct an annual survey of those who seek its assistance. The information collection is used to carry out that mandate. However, the additional questions for the survey cover a category of complaint, whistleblower disclosures, whose inclusion in the survey is not statutorily required, but rather is being done voluntarily by our agency.
Kudos to Dennis! Staying Connected
DEJA VU: PRELUDE TO MICHAEL BROWN AND FERGUSON, MISSOURI C4C recognizes member Dennis Moore. Congrats to Dennis on his latest book review, which discloses his connection to Ferguson, Missouri.
FEDERAL EMPLOYEE ABUSERS
STAYING CONNECTED C4C members as well as our advocacy partners maintain websites that provide insight on federal workplace culture, challenges, and recommendations for improvement. A few of the sites are noted below.
________________________________
Todd J. Zinser Wade Green Rick Beitel
African American Voice Newspaper
Department of Commerce See Congressional Letter dated July 16, 2014 Also, see letter dated August 26, 2014
ASKFMB Federal Sector Workplace Discrimination Make It Safe Coalition
Lawmakers allege in a letter that Todd Zinser, the Department of Commerce’s inspector general for the past seven years, protected his top deputies (when they were accused of intimidating staffers who sought to report potentially damaging information about him. In April, the House committee that oversees the agency unanimously called on Commerce Department Inspector General Todd Zinser to fire the two employees, special counsel Wade
MSPBWATCH Point Man Ministries of Albany USDA Coalition of Minority Employees Veterans Whistleblower Story
“C4C - Addressing Racial Inequality and Retaliation in the Federal Workplace” 7
September 2014
SOCIAL MEDIA INFORMATION
Green and senior special agent Rick Beitel, who was previously the top assistant inspector general for investigations. Todd Zinser, who previously worked at the Department of Transportation's office of inspector general, was cited for ordering the intimidation and termination of an investigator who raised politically sensitive concerns in a contract investigation.
Websites:
C4c@coalition4change.org C4c@coalition4change.net https://twitter.com/C4CFED
Twitter: Facebook: https://www.facebook.com/pages/TheCoalition-For-Change-IncC4C/115920498448217 YOUTUBE channel:
http://www.youtube.com/user/TheC4C/videos
WELLNESS WATCH
Have you missed A C4C EXCHANGE newsletter?
Bottled Water: How Safe Is It?
If so click here.
Presently, there are no Food and Drug Administration recommendations about the temperature and duration of storage for bottled water after it is opened and used. “Bottled water may help to bypass other potential problems brought about by the practice of public water suppliers of adding chlorine to drinking water to remove bacteria. Although chlorine kills bacteria effectively, it can react with organic matter in water to form byproducts such as trihalomethanes which have been linked to bladder and rectal cancers.” Read More:
September Issue Newsletter
XCHANGE
E
C4C Thanks …. Contributing Members: Yolanda Bell Isaac Decatur Arthuretta Holmes-Martin Oliver Mitchell Dennis Moore Nossie Robinson Chauncey Robinson Ralph Saunders Diane Williams Terri Williams
C4C is a nonprofit group dedicated to freedom from discrimination, in accordance with Title VII of the Civil Rights Act of 1964. C4C needs financial and volunteer support. You can send donations to: The Coalition For Change, Inc. (C4C) P.O. Box 142, Washington, DC 20044
Publishing Editor Tanya Ward Jordan
“C4C - Addressing Racial Inequality and Retaliation in the Federal Workplace” 8