MEMORANDUM TO: Carson Carroll, ATF Deputy Assistant Director,Washington, D.C.
FROM: **********, Special Agent
SUBJECT: Grievance
This is a presentation under the Bureau’s administrative grievance procedure. The matter that aggrieves me occurred on February 20, 2008, and is described in detail as follows:
- The specific matter I am grieving is the assignment/reassignment to the duties of the property custodian for the entire San Francisco Field Division. The basis of my grievance is based on a multiple and cumulative set of circumstances and I request that the entirety of my complaint be weighed in making a decision. First and foremost I believe this assignment is evidence of ongoing and unrelenting retaliation based on prior complaints, grievances and whistleblower allegations and participation in EEOC and whistleblower complaints of other employees. This specific set of duties is not and has not generally been relegated to a senior agent filling an operations officer position. The previous property custodian was placed in that position in a full time capacity. His assignment was based on or related to a determination that Giglio and/or Henthorn issues. Not such issues exist with relation to my standing within the government or Bureau.
- I have no prior training, experience or exposure to property related issues of this magnitude. The bulk of my knowledge and skill set related to property has been related to individually issued items. I do not possess sufficient skills related to computers or automation and am not properly equipped to perform this function.
- Between approximately September 2007 and January 2008 the SFFD was preparing for the scheduled HQ review. As part of my responsibilities, I was tasked with assisting in coordinating field office property reconciliations. My immediate supervisor repeatedly represented that the management and in many cases mismanagement by the SFFD supervisors related to maintaining accurate property records was and is abysmal. DOO Lyster made demands and issued deadlines that were ignored by the RACs and resulted in many different representations and modifications as related to issued property. I was not allowed or requested to attend any meeting with regards to property accountability issues, although there were several held by the SAC ASAC and DOO. At one point within weeks of the division review I had received shortage reports that included but were not limited to, Vehicles, Firearms, ES Transmitters and Receivers. Again I questioned this to the point of requesting whether I should report this to the FBI and/or enter these items into NCIC. Again I was told to disregard that this was someone else's responsibility.
- I heard repeated demands from SAC Martin directed at RACs either directly or indirectly through DOO Lyster that he would not report the initially reported number of items. DOO Lyster repeatedly advised me that the SAC was extremely unhappy and became increasing demanding and insisted not that the property be located but that the “number” of missing items is reduced. I received 3 separate inventories/certifications from one RAC dated the same date, days prior to the inspection.
- Ultimately when it was clear that inaccurate inventories were being conducted and I began to question the procedure, to include not being comfortable signing the final assessment, DOO Lyster advised that I was only certifying that the certifications included were in fact those submitted by the Supervisors. Upon being assigned on February 21, 2008 as the property custodian I became extremely uncomfortable when the final certification transmitted to HQ contained only 94 items when only 3 days earlier it contained 154 unaccounted for items. When I confronted the DOO Lyster, he then explained that I had some how been deficient in my attempting to understand and make sense of representations that the entire SFFD Executive staff was highly critical of.
- During the period that the SFFD was preparing for review, a separate OIG random audit occurred. I received no information OR had any input into this process. I was present when SAC Martin direct DOO Lyster under NO circumstances was he to respond to the OIG that we in fact could not account for any computers, but rather reply that we are continuing to attempt to locate them. Since I was not involved in this process, this direction by the SAC didn’t concern me. However upon my being assigned as the property custodian I asked for this and all documentation related to any property that has been disposed of, destroyed, removed from our inventory or reported stolen or missing. Upon reviewing the final inventory, it was discovered that numerous additional computer were reported as a shortage. To my knowledge, no report has been made to the FBI or were these items entered into NCIC. In fact the DOO after having been advised of my intention to file this grievance entered my office and attempted to provide an explanation regarding my concerns. As the supervisor of the field division, he has taken the position that the reported items are not missing, they just can’t be located or accounted for.
- While attempting to familiarize myself with the protocols and understand this process, I have begun to review the previous representation by SAC Martin and SAC Vido. I was not involved in either of the inventories or subsequent certifications that the SFFD property was finally and definitively reconciled. The cumulative number of items which are accountable by Bureau policies and procedures and are identified by PIIN that could not be located is over 400 (four hundred items). There is no documentation which indicates that any of the items were reported lost or stolen in accordance with Bureau policies and procedures.
- That a complete thorough and transparent investigation be conducted into the entire circumstances relating to the willful destruction of my assigned badges.
- That the record be corrected to reflect the facts of these allegations.
- That those deemed to have acted unethically and illegally be disciplined in accordance with Bureau standards and consistent with the application of the rules to all ATF employees regardless of their management position.
- That any suggestion or representation that I in any way had any complicity in the destruction of my own badges be removed from all documents in ATF possession.
- That Upon completion of the investigation I be given a letter of clearance clearly stating that I followed all procedures and was found to be clear of any allegations related to the willful destruction of my badges.
