September 18, 2007
MEMORANDUM TO:
William J. Hoover, Assistant Director Field Operations, Washington, D.C.
FROM: Vincent A. Cefalu, Special Agent, Senior Operations Officer
SUBJECT: Grievance
1. This is a presentation under the Bureau's administrative grievance procedure.
2. The matter that aggrieves me occurred on September 7, 2007, and is described in detail as follows:
On June 28, 2007 Dr. Joseph Gannon, recommended in writing that I be placed in an environment that would not require me to report immediately to the managers who I have openly made allegations against for significant violations of ATF/DOJ policy, EEOC regulations and laws, waste fraud and abuse, abuse of authority and Federal criminal laws.
On September 7, 2007, I was issued a letter containing 2 sentences, denying my appropriate and medically supported request for a reassignment outside of the hostile work environment. This letter was issued without explanation, reference to medical documentation, or a request for further medical documentation. I have attached a brief chronology of events, (see attached bullets in support of my representation of the existence of a hostile work environment).
GRIEVANCE MEMORANDUM : SPECIAL AGENT VINCENT A. CEFALU
3. The personal relief I seek is:
- To be placed back to the position I held (Special Agent Stockton, California), prior to my disability occurring.
- That I report to a supervisor not currently involved in or named in any unethical, criminal or retaliatory acts or anyone previously found to have discriminated or retaliated against ATF employees.
- That I assist SFFD by working NIBIN hits throughout the California central valley which are going virtually uninvestigated. Follow-up investigations or intelligence investigations are also lacking in my previous locale of Stockton, Ca.
- That I also be considered to coordinate the numerous OCDETF initiatives that are pending in the SFFD since I have significant experience with OCDETF cases. Our current OCDETF coordinator has submitted his retirement papers. I would be willing to aid the SFFD by sharing my institutional knowledge of the OCDETF process.
- Threat of transfer and reclassification - Result of standing firm on ATFs inv. position and challenging local PDs unethical acts jeopardizing Agent safety, and personally facing unknown period of disability.
- ASAC thru RAC refuses to allow me to speak informally to SAC about any concerns. I file grievance to SAC requesting to have the facts heard.
- SAC denies my request to speak to him, threatens disciplinary action, and alleges a chain of command violation for filing grievance.
- I advise RAC I am meeting with EEOC rep. to discuss my situation, that same night RAC crafts list of derogatory and inflammatory representations covering months of alleged misconduct, within 30 days of outstanding mid year evaluation.
- 3 days later I am transferred to Sacramento w/o warning significantly lower COLA area, 90 mile commute
- It is alleged months later that the transfer was the result of allegations related to my misconduct made by two outside agencies. These allegations remain uninvestigated and were subsequently refuted as literally without specificity or merit by sworn testimony given in depositions by SFFD RAC, ASAC and 2 SAC's. This only after I have filed informal EEOC complaint and grievance.
- Subsequent sworn testimony by the above mentioned managers equally supports my representations made repeatedly in writing for months prior to being transferred that actions were being undertaken by members of the two departments in question that significantly put our undercover agents at risk and subjected our investigation to violations of Federal rules of criminal procedure. AUSA held meeting to confirm these facts and generated subsequent email to this effect
- Two days prior to my OWCP surgery and weeks after official notification to my RAC that surgery was scheduled, I was given a demand for 1 ½ years worth of medical documentation under threat of disciplinary action up to termination. My RAC and division were well aware of my treatments and had been advised months in advance of the surgery.
- At this same meeting I am also given a referral to the EAP based on the assertions of the RAC. This was in lieu of a proposed psychological evaluation which was my RACs original intention as identified in subsequent sworn testimony.
- 3 days post surgery, while still in a cast, I was given an email stating I had been detailed to Houston for a VCIT detail 6-12 mos. When I advised my RAC I was not medically able to comply, I was handed a 3 day suspension based solely on anonymous and un-witnessed representations. I was then advised that if I went to Houston the suspension would be rescinded.
- Transferred back to Stockton, Ca. without explanation.
- Refused answers to official written requests for division policies.
- RAC accompanied by former partner come to my residence in front of my family to retrieve my firearms after 2 qtrs non qual. A formal request to use FATS system as allowed by policy and supported by treating physician was ignored. This within 6 mos of providing virtually sole testimony, majority of prosecutorial follow-up and pretrial transport of all 18 Federal defendants arrested in prior case. Over 150 total arrests related to case including state charges. These arrests occurred in MY hometown.
- I remained on temporary disability continue rehabilitation. I provide 6 (six) doctors representations that additional surgery is required. 4 of the doctors are government referred. I request light duty or a reasonable accommodation until surgery can be scheduled. I am told I am reassigned to D.C as an analyst. Take it or leave it. I ask for clarification after ATF HR indicates this action seems premature.
- I am given a proposed termination for turning down analyst job 3000 miles away. I accept position in D.C to keep income coming in while I pursue surgery through private insurance (even though OWCP ultimately approves surgery approx.2 months later). I am then given the job of answering telephones in the public reception area of the field division but only until I report to D.C.
- I was required to email supervisor everyday upon arrival and departure to work to include each and every restroom or meal break, accounting for over 850 emails during my temporary detail. No other employee in the SFFD is or has been required to do this. Much less a 20 year Special Agent. (20 out of 22 EFS/O evaluations)
- I provide medical docs supporting I can return to full duty. It takes almost 3 months to do so, negating my LEAP from being reinstated. Or my D.C. Transfer from being cancelled causing untold grief to my family.
- Once reinstated I am transferred once again away from my duty station back to Sacramento, Ca. The next day I am transferred yet again and assigned to the SOO job in division. Two transfers in 3 days.
- Upon reporting, it is quickly revealed (intimately through sworn testimony) that member(s) of SFFD intentionally destroyed, concealed the destruction of and/or took action to conceal the intentional destruction of my previous held badges (both) numbered 2138. This required me to carry loaner badges until new ones could be made. This act was never reported until SFFD managers were confronted weeks later under oath. Reported over 60 days ago, I have not yet been interviewed.
- PCS funds and assignment restrictions have been non stop and I have not been able to affect the required PCS move.
- Official SF 50 falsified to recreate the above mentioned series of events.
- Based on the aforementioned acts directed against me and the effects such actions have had on my health and well-being, I requested to merely be re-assigned away from those alleged to have been responsible for the destruction of my career, my reputation and my families well-being. I offered options. I received no response for months to an official written request. I attached supporting documentation as to the harm being created by this assignment. When my repeated requests for a formal decision, (my 90 day clock was running on my pending PCS), I again asked for a formal decision I was promised by my first line supervisor I would have weeks earlier. At this time I emailed my first line supervisor and CCd DAD Carroll wondering in light of the aforementioned facts, whether my original request had ever been forwarded at all. I was given a reprimand for violating the chain of command.
