Posted 08 December 2010 - 11:18 PM
Open Letter to Acting Director Ken Melson and Director Nominee Mr. Andrew Traver
Sirs, notwithstanding the very significant deficiencies of our leadership in furtherance of our core missions both on the regulatory and enforcement sides of the house, we have serious concerns that NEED to be addressed before this agency can begin to rebuild its credibility and integrity. If you are unsure what is meant by credibility and integrity, just read the posts on this website. The following are EXACT quotes and the fields take on them. These responses have been compiled from hundreds if not thousands of responses and submissions to CUATF.
These are direct quotes from our Director via Mr. Melsons own webcast and or live interviews with responses found on CUATF below. These will be the measure of progress by those of us who are watching. We invite you to respond or DENY any of what is placed on here.
You know we have over five thousand employees and I havent had an opportunity yet to meet with everybody although I hope to so we were looking at other ways in which we could communicate. That was the purpose of the article I wrote on Inside ATF.
We have collectively attempted to communicate with you, however, beyond a couple of personal meetings, you have initiated no channels for wide spread communication. We would rather YOU administer this Website, but some appear to be too thin skinned to hear the truth and accept their responsibility.
I also want to make sure that we can increase participation of line agents, and IOIs and support personnel in the development of policy here at headquarters, so were going to be reaching out to some of you to participate in those working groups.
You have initiated NO working groups or even solicited participation Bureau wide. As we have said over and over, this is OUR Bureau too. There are more of us than you and we are certain we can help do a little bit better job than our current leadership.
As I work on the communication issues, I want to ask one thing from all of you: that your communication be respectful and constructive, not broad, disparaging allegations of misconduct about supervisors or other people in the agency - thats not helpful its actually very harmful.
Lets do not talk about disparaging. Ms. Loos and counsel with the help of PGA have been more disparaging than ANY of the employees comments on or off CLEANUPATF. Our comments and/or allegations if you prefer, have proven factual time after time. They have never been broad but VERY specific. Your counsels allegations and reprisals have proven to be embellished, fabricated and on several occasions perjurous. Its equally not helpful to attack employees for the SOLE purpose of covering up misdeeds. Just take responsibility and so will we.
Its counterproductive and the authors of those communications really lose credibility when they use disparaging, vitriolic language.
Do not talk to us about credibility. Carter, Hoover, Chait, Ford, Crenshaw and on and on have been whitewashed for GLARING ethical violations. The allegations the agency makes are only in response to complaints to retroactively cover-up mismanagement. Demeaning your own Agents and employees ONLY after a complaint is made is a transparent tactic and unacceptable play outside the rules. Your ethics attorneys have created and/or fabricated vitriolic representations of good employees to defend obvious reprisals. Richard Hurst under Ms. Loos supervision was allowed to move to another agency ONLY after he was caught TWICE creating fictitious allegations against good employees. Was he disciplined? Was he fired NO. We reported this to you, and you have ignored this. Was Ms. Loos held accountable for her poor oversight? No.
Ive instructed my supervisors and I continue to do that with respect to how to treat employees.
They have ignored you and you have ignored us. True respect comes from a love of your employees and a love of your mission. The institutional mandate within ATF is that if youre a manager, you love what you are told to love or else. The US and Them has to end.
I tell them not to treat employees in the way that Ive described some communication.
On your watch, the enemies of the Bureau have been attacked with your entire legal prowess, while ignoring the plain facts that a corrupt management team has been allowed to continue. Read recent depositions, OIG reports, OSC reports. Your managers and primarily Chief Counsel has done far worse to your street agents than anything suggested on CUATF. In fact, there are UNDER oath and on the record proof that your senior managers have done EVERYTHING we have brought to your attention. Yes everything. These documents cannot remain sealed or out of public view forever. And many have already been posted.
As you recall, weve been rated by our employees as one of the top twenty places to work in the Federal government. In fact, ATF received the highest index score for employee satisfaction among any other Federal law enforcement agency thats pretty good. and thats why I think were in the top twenty of all Federal agencies.
Sir with ALL do respect, we are now 41st. That didnt happen just by chance. We asked and you denied. What next year, 65th? Oh and since we are talking about skewed facts, THIS HAS CHANGED ON YOUR WATCH.
I want to create more accountability by, and consistency in ATF leadership, but were also going to require more accountability from our employees as well.
You cannot create accountability in the field when your managers are running wild, giving you horrible counsel and are doing so without consequences. We dont need to repeat names. You know that we know that you know. Stop soft shoeing removals and transfers. You havenet dont that for the field agents. Transparency, Sir.
But let me make one thing clear: I will not condone, or allow, acts of retaliation by management for suggestions made by employees, expressions of concern, reports of misconduct thats not going to happen on my watch.
It is and has happened on your watch, and continues. Lets dont continue the bureaucratic charades. Rafiq is being hammered. SA Cefalu is sitting there idling and being exposed to IA harassment at every turn for any and every possible minor infraction in the Bureau. Hiram and the dozen other employees are still being abused for speaking up.
I want you to be free to engage management without fear of retaliation or reprisal for constructive criticism that you give them. I appreciate and invite, open, honest, and respectful communication.
Sir, do you not understand or comprehend the concept of REPRISAL? Do not hang your hat on a few minor disputes youve flown EEOC people out to resolve, as a genuine intent to shut down the abusive and adversarial ways of Chief Counsels Office. How many bosses have testified in depositions, declarations or open court that Chief Counsel advised them to take a particular action? Who runs this Bureau, the attorneys?
ATFs legacy shouldnt be build on what we may have done ten years ago or five years ago or three years ago; it should be built on what we do now and what we do in the future. So I ask each of you to help build that legacy.
With all due respect, when the last 3-5 years have decimated the Bureaus standing in the law enforcement community and ruined our credibility, you cannot ignore recent history. YOU MUST correct the abuses. You must be willing to accept responsibility. The Bureau is watching and they are not buying your sound bites. Where does the buck stop? You? Mr. Traver? Billy? Mr. Holder? We dont care where, just tell us. And stop going back years to justify your actions against agents if you are not willing to live by the same standard.
Two weeks from now, were having a regional SAC meeting in St. Paul and I hope to be able to give them some clear ideas about what my vision is for ATF and discuss with them a number of issues that I want to make sure that they have no doubts about.
You hope? Youre the Director. Why is the field not aware of your vision? Why are the SACs ignoring your direction? Why are you not resolving the issues that have plagued this agency for years? Yes you inherited it, BUT you have done nothing to rein in counsel from escalating these disputes. Remember, from top 20 to 41st?
Since my last webcast, Ive received emails from employees, Billy has received telephone calls from employees, and I have a number of questions to get back to you on with respect to our town hall meetings; and I hope that the town hall meetings that I continue to go to will be a productive way of exchanging ideas and comments.
Were those questions ever followed up on? Did they relate to reprisals and draconian leadership techniques? If not, why not? Not one of the allegations against your counsel or SES bosses has been acted upon. One ASAC who had an affair 3 years ago. What about the termination for discrimination? Just for example and we have dozens, Why is SAC Torres still a SAC? The EEOC found him and his entire field management staff guilty of violating Federal law. Nothing, Nada, Zip.
Over the last week or so, Ive received a number of emails and letters as a response to some of my previous communications with you about being more communicative in a positive way with those in management and those up here in Headquarters. Those emails and letters that have expressed concerns are being reviewed each one individually and several of them have been resolved already in favor of the employees.
Several? Seriously? We exceed the FBI and DEA. We have spent more money than them for Ms. Loos personal vendettas. Our complaints have escalated again. We have not even come close to the statutory (that means the law) time to resolve these disputes. Did you review the cases where Chief Counsels office fabricated (yes fabricated) evidence to destroy agents careers? Managers perjured themselves to cover their illicit acts? Yes, its disparaging, but not as disparaging as what you have allowed Counsel to do to heros. Loos allowed false information to be produced and when she got caught? Richard Hurst was allowed to slide to TSA. No discipline, no sanctions. An agent was accused of drug violations only to have Chief Counsels Office advise the judge it was an administrative oversight. An agent was mis-identified as a whistleblower because he had the same initials as the real whistleblower and one of your current DADs fired him. The same DAD who was on track to be fired himself years ago for far more significant ethical violations.. You were going to fire the Agent for not qualifying twice. He was an 18 yr. U.S. Marshall then an ATF agent. Two RACs, two ASACs, a timer, and a witness were on the range when he qualified. Could you qualify under those circumstances?
One of the other things weve done recently is to talk to Internal Affairs because I know there have been some concerns about what has happened to complaints to Internal Affairs about things that theyve seen going on in ATF. They are now going to make sure that every time they receive a complaint from anyone in ATF that they acknowledge the receipt of that complaint so you know that it hasnt gone into a black hole.
We will see. If one, just ONE boss is held accountable after IA does their investigation we may start to believe that they are not just the SS of management. They seem to be able to perfect cases against agents EVERY time, but not one boss has been held accountable.
EEO communication I think can be improved and weve been working with EEO to make sure that they keep everybody appraised of where they are in the EEO process. So, when someone files a complaint they will be notified and communicated with on a periodic basis so they know what they status is, what they can expect to happen in the next stage of their process. I think thatll help with our communications as well.
YOU THINK? 300+ days to investigation? Delays and legal prowess used to defeat legitimate complaints? 10 + complaints AND 10 + resignations or retirements under ONE SAC and ASAC in the SFFD and no thoughts that maybe the employees might not be the problem? The status is, Counsel will disparage you. Counsel will allow perjury knowingly. Counsel will not negotiate in good faith. We are not stupid Billy and Mr. Melson or Mr. Traver.
"When I first came into ATF -- when I went around and talked to people at headquarters and around the country -- my specific and very emphatic message was that everyone was to be treated with respect and dignity and there would not be retaliation," Melson said. "I will not stand for retaliation against people who are abiding by our orders and reporting violations of law or regulations."
WHY would you make that a priority if it wasnt occurring? Why would that be your message with all the other issues confronting our Bureau? I think we all know the answer to that. Which is it? Is it counter-productive or in compliance with the orders? Just tell us and we will follow.
"Every allegation of retaliation doesn't mean it's true," Melson said. "Every person you talked to who perceives it's retaliation doesn't mean that it's retaliation, because there's been no adjudication of that.
STOP with the adjudication, formal finding, or jury verdict. O.J. had better attorneys. Was he innocent? Do not embarrass yourself and insult us that just because you have an army of government hack attorneys that Dozens of complaints dont have merit. Why would an agency have SO many disputes?
They haven't brought it to anybody to try to resolve it. Be careful when you talk to someone about retaliation, because there are many misconceptions and parameters of retaliation -- some of which are misinformed."
Ok we get it. You are a Bureaucrat and a lawyer. We on the other hand are Agents and are committed to the spirit as well as the letter of the law. Mr. Melson, Mr. Traver, wrong is wrong, no matter how Ms. Loos and Bouman paint it. Stop manipulating the law. Yes there are SOME frivolous complaints, no doubt. But why then does the agency fight so hard to restrict documents and emails? Innocent people dont hide from the truth. Innocent people dont lie to Congress. Yes the agency has multiple times via Mr. Ford who no doubt says I just signed it. And of course this had to be vetted by Counsel.
Asked about an employee who does virtually nothing all day, he said: "Well, I will certainly look into it and find out why he is not doing anything all day." He added, "I will make sure that he puts in a full day's work, because everybody is going to put in a full day's work at ATF."
You didnt look into it. You didnt do anything beyond what Ronnie and Billy did. ASK CHIEF COUNSEL. News flash, he is still doing nothing and still being idled. ATF apparently drafted a letter reiterating what his duties are. BUT he already knew that. Hes been here for over 20 yrs. Is it true he reported death threats against the very SAC who has decimated his career. Now thats Loyalty Sirs.
There are more complaints filed per employee than the DEA or the FBI. But Melson said complaints have gone down 40 percent since last year. And ATF officials added that the U.S. Marshals Service and Bureau of Prisons have more complaints per employee.
Wow seriously The Marshalls and BOP? Bet we have less than the FAA and FCC too. Is that your defense?
CNN obtained a statement from a current ATF supervisor who attended such a meeting in March. During that meeting, ATF associate chief counsel Eleanor Loos gave a presentation to supervisors in the Atlanta field division.
Melson told CNN he had not seen the statement. "But what I can tell you is that the direction that I have given people is to make sure that we abide by the rules of the agency, that we abide by the process of the EEO, and the ombudsman. And that's why we have the process in place," Melson said.
They have ignored your direction or you have.
CNN has interviewed dozens of ATF supervisors, agents and employees around the country who said they've been demoted or labeled troublemakers just for filing a complaint.
Facts are facts sir. Heaven forbid a supervisor step forward. I would refer you to the current and typical attempt to retroactively attack him for stating the truth on National television. News Flash, he does a good job and his agents love him.
In an interview with CNN, Melson said he was not permitted to discuss employee cases. But he insisted that he does not tolerate any type of retaliation.
You have tolerated it. You have ignored it. You have addressed it in 4 of your webcasts. Stop ignoring the elephant in the room.
Since fiscal 2005, ATF has paid a total of $1.6 million to settle discrimination claims, according to federal government records. For the same time period, the FBI paid out $1.3 million and the DEA paid $331,755.
Self explanatory, Sirs
In addition, records show, ATF has more discrimination complaints filed per employee than the DEA or the FBI.
Again Mr. Melson and Mr. Traver, do we need to continue this smoke and mirrors?
CNN obtained a statement from a current ATF supervisor who attended such a meeting in March. During that meeting, ATF associate chief counsel Eleanor Loos gave a presentation to supervisors in the Atlanta field division. There will be no reprisal of anyone who comes forward in a respectful manner?
Was there something inherently disrespectful of exposing the institutional mandate to protect unethical conduct by Chief Counsels Office?
According to the statement, Loos stated that "she considers the EEO process as the employees' 'bitching platform' and "employees use this as a means to complain."
"Loos stated in a bragging manner that the EEO process can be dragged on and can take up to three years," the statement said.
Rafiq Ahmad, the ATF supervisor who wrote the statement, added: "This is not the first time that I have heard Eleanor Loos making similar remarks. She has presented these same remarks in presentations in New Supervisor's training."
Melson told CNN he had not seen the statement. "But what I can tell you is that the direction that I have given people is to make sure that we abide by the rules of the agency, that we abide by the process of the EEO, and the ombudsman. And that's why we have the process in place," Melson said.
We are no Longer interested in What you have told your people. They have disregarded you. Your bosses are still using internal affairs to dissuade and disrupt the fields allegations to cover much larger ethical and integrity violations by the leadership of this agency. Just read the recent depositions and declarations in possession of Chief Counsels Office. Your Ombudsmans Office has been compromised beyond repair. We have posted only PART of the communications she has forwarded to Chief Counsels Office. There are many more. You have not moved the Ombudsman back under the Director. Is that so they can filter the truth to you?
I will not have hard working employees disparaged. Often times the facts are wrong or unfounded. If they want to talk and not use miscellaneous and silly pseudonyms, Ill talk to them.
Mr. Melson and Mr. Traver, does it matter what silly pseudonyms are used to report government corruption and waste fraud and abuse? Due you want the truth or do you want the names of the people telling the truth? The grievance system is broken and is only used to identify trouble makers.
<!-- isHtml:1 --><!-- isHtml:1 -->
