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Could use some advice Here.


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#1 Loyal to ATF

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Posted 07 October 2014 - 03:34 PM

Well,

 

It has been a couple of weeks since I received a letter from them stating they would respond to my FOIA request and, it seems that Disclosure Division is very good at hiding behind their answering machines and not too good at actually returning my calls.  I guess they could use some remedial training at customer service just like the vast majority of the agency.  Stephanie Boucher!  I am calling you out.  You are the one who is in charge and lets garbage like this happen.  I am un-interested in just how busy your office is or budget cuts or sequestration or bunnies or whatever excuse you have because I've heard it all before and it just don't wash.  I will continue to call your office until I get a straight answer to my question so why don't you do me a favor and just answer the phones or at least return my call?  It's not that hard folks.

Remember, after 20 days, you have a right to remedial intervention from the courts and THEY have to pay for it. Could get damages too.



#2 James Miller

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Posted 07 October 2014 - 07:13 AM

Well,

 

It has been a couple of weeks since I received a letter from them stating they would respond to my FOIA request and, it seems that Disclosure Division is very good at hiding behind their answering machines and not too good at actually returning my calls.  I guess they could use some remedial training at customer service just like the vast majority of the agency.  Stephanie Boucher!  I am calling you out.  You are the one who is in charge and lets garbage like this happen.  I am un-interested in just how busy your office is or budget cuts or sequestration or bunnies or whatever excuse you have because I've heard it all before and it just don't wash.  I will continue to call your office until I get a straight answer to my question so why don't you do me a favor and just answer the phones or at least return my call?  It's not that hard folks.



#3 BeenThereDoneThat

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Posted 30 September 2014 - 12:18 PM

James Miller,

 

Keep on them.  When I submitted a FOIA request, all I received was a copy of all my correspondence to them.

 

BTW, I was doing some estate planning, so I contacted OPM to obtain information regarding my retirement benefits.  I was told that there was no record that I had ever worked for ATF.  Even though I was not of retirement age, I thought that OPM could at least confirm the more than 15 years that I contributed towards FERS retirement.  I was directed to contact ATF HQ.  After many months of being passed around, I was able to get someone from ATF to send in the proper paperwork to OPM that acknowledged that I had retirement benefits.



#4 James Miller

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Posted 30 September 2014 - 11:12 AM

Well,

 

Somebody from HQ must read this page from time to time.  Last Saturday I received a letter from the Bureau stating they will be responding to my last FOIA request from July.  They even provided me a POC to call if there are any questions!  If they just send me my last SF-86 then they are wasting their time as I already recieved that from OPM over a month ago.  Would like to get some answers to my questions so I've already called and left them a message and will continue to call them until I get a response.  Here's to getting started.



#5 Loyal to ATF

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Posted 05 September 2014 - 08:45 AM

There would be a flood of good and loyal agents who would step up and show the public what kind of abuses occur in ATF/DOJ with our leaderships blessing and approval.

#6 abteilung

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Posted 05 September 2014 - 06:09 AM

If Sharyl Attkisson is reading this, I hope she does such a report.  I'll be the first to line up to tell my story.



#7 GoodWorker

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Posted 04 September 2014 - 06:20 PM

The Attorney General has launched an investigation into Civil Rights violations of the Ferguson, MO police dept.

Hell, employees of ATF and other components under DOJ have suffered Civil Rights violations!
Retaliation falls under the EEO accepted claims.

No employee feel free or safe to report any kind of abuses. So ATF can have all the groups sprinkling Skittles to make a rainbow, it doesn't change the fact of, when you open your mouth, your career is over.
No one seems to care that if you go against the LE office you work for, civilian or fed, even when they are dead wrong...
You are considered a RAT and treated as such.

http://www.newswithv.../baldwin821.htm

Jamie3 you are correct.  I think Dateline or 20/20 should do a story on Whistle Blower Retaliation at the hand of ATF and the DOJ as they passively alllow ATF to break numerous Federal laws and DOJ policies.  ATF has protected those who violate laws and policy and go after those who tell the truth.



#8 Jaime3

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Posted 04 September 2014 - 03:21 PM

The Attorney General has launched an investigation into Civil Rights violations of the Ferguson, MO police dept.

Hell, employees of ATF and other components under DOJ have suffered Civil Rights violations!
Retaliation falls under the EEO accepted claims.

No employee feel free or safe to report any kind of abuses. So ATF can have all the groups sprinkling Skittles to make a rainbow, it doesn't change the fact of, when you open your mouth, your career is over.
No one seems to care that if you go against the LE office you work for, civilian or fed, even when they are dead wrong...
You are considered a RAT and treated as such.

http://www.newswithv.../baldwin821.htm

#9 abteilung

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Posted 21 August 2014 - 07:05 AM

With regard to you having already filed an allegation with DOJ-OIG, you can always go to OSC and claim whistleblower retaliation.  How successful that will be is anyone's guess.  A couple of years ago, the Prince of the City in my old Division retaliated against me after I filed a complaint with DOJ-OIG, alleging that he stonewalled my complaint against the punk agent who mocked my career-ending injury.  OIG referred the matter back to OPR, which punted back to the Division.  OSC didn't accept my complaint because in the assigned lawyer's opinion, because OIG did not take any action against The Prince of the City, he could not retaliate against me.

 

Yes, that mindset exists in the Government.  When private employers violate their workers' rights, DOJ and EEOC steamroll over that employer.  When the Government does worse to its own employees, DOJ and EEOC cover up the wrong-doings.

 

As for a FOIA, I wish ATF complied within 90 days.  90 months might be more like it.

 

If ever.



#10 James Miller

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Posted 20 August 2014 - 09:41 AM

Thank you all for responding.  This issue is still in its embryonic stages and it looks like it will be months, if not years, before I could possibly see some satisfaction from this.  I will first have to see the results of any FOIA & FOIPA requests before I can proceed with any legal actions.  If it does come back to what my previous supervisor and/or co-worker said about me then I plan on taking them both to court.  I would like to get off the FBI's "blacklist" but that has been a dead-end every time I've tried but I will not give up there either.  Is there a timeframe for FOIPA and FOIA requests to be acted upon?  I am guessing 90 days but I would like to be sure before I proceed on the District Court Route.  I do hope to hear back from OPM on my requests but I am not holding out any hope with ATF.  Also, I did file a complaint with the DOJ OIG about my supervisors massive time-card fraud that has been on-going for years now.  I would like to do the same with ATF but I am not sure which office to start with so any advice there would also be greatly appreciated.  Take care all.



#11 GoodWorker

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Posted 18 August 2014 - 07:22 PM

Hopefully others who are more knowledgeable will weigh in. Have you reached out to the OIG? YOU MAY WANT TO ALSO REACH OUT TO OSC again. Clearly you could make an argument for waste fraud and abuse. You potentially could file suit (not very expensive) to FORCE ATF to answer your FOIA AND you can get damages. Then armed with that info you may be able to find a lawyer to file some sort of employment discrimination or reprisal lawsuit. Maybe defamation?

Loyal is correct.  You can file Pro Se in US District court to get ATF to cough up your FOIA request.  It will be expensive, but if your ATF supervisor and co-worker made false statements against you that prevented you from getting the job, you can sue them for defamation and or slander.  I think the FBI has an appeal process that you can submit your evals and other evidence to counter the supervisors comments.  You may also try to get a copy of the supervisors and co-workers Official Personnel File (OPF) to see if they have any derog like Giglio issues.  It is a tough situation you are in but remember you are an investigator so use the skills you have fine tuned over the years.



#12 Loyal to ATF

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Posted 18 August 2014 - 04:32 PM

Hopefully others who are more knowledgeable will weigh in. Have you reached out to the OIG? YOU MAY WANT TO ALSO REACH OUT TO OSC again. Clearly you could make an argument for waste fraud and abuse. You potentially could file suit (not very expensive) to FORCE ATF to answer your FOIA AND you can get damages. Then armed with that info you may be able to find a lawyer to file some sort of employment discrimination or reprisal lawsuit. Maybe defamation?

#13 James Miller

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Posted 18 August 2014 - 08:43 AM

Hello All,

 

     This is bit of a long story so bear with me here. I've worked at ATF for many years before I went to work at another agency.  Soon after I left I applied for a job w/the FBI and was tentavely offered a position only to have it rescinded due to not passing their background investigation.  Did a FOIPA request with them and found out the reason I didn't pass a background investigation was that my last boss at ATF, and another co-worker basically "poisoned penned" me to the FBI investigator and they reccommended I not be hired.  If I was so bad, why did I keep getting outstanding ratings on my performance appraisals year after year?  Anyways, years go by and I apply for jobs back w/ATF only to get turned down for one reason or another.  One day, I do get an offer as an IA with the local field office and I accepted.  One year goes by and, by sheer happenstance, I find out that my application timed out with ATF and that I would have to re-apply which I do.  I make it to a selecting official but get turned down!  So, I call everyone I can in HR but they stonewall me stating they don't know why I would not be hired.  I basically contacted my local Congressman to find out and, months later, I get a letter from someone at ATF stating that I did not pass a background check so I was not hired!  So, after close to two decades service w/ATF, passed numerous background checks before yet now I cannot pass one!  So, this is what I am doing now.  I've put in for FOIA and FOIPA requests with OPM and ATF to see what in my background check went wrong.  OPM has acknowledged my request but ATF has yet to do so.  I also lodged a complaint with the Office of Special Counsel stating that ATF is basically keeping me from obtaining work but I don't think that will do anything as I've dealt with them before and they don't seem too concerned about working on anything.  What I would like to know is, is there anything else I could or should do to see about reversing the issue of not passing a background investigation.  Any advice is good advice, many thanks in advance and take care.






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