Another EEO Trick utilized by ATF is to render your complaint moot by basically by righting the wrong that you allege. ATF will not tell you this but you are entitled to compensatory damages for emotional distress and mental anguish. You must always ask for compensatory damages from the inception of your complaint. If you ask for compensatory damages during the processing of your complaint, ATF must address your claim for compensatory damages before rendering your complaint moot or else it is not moot. If they do not, which more than likely the will not, you should pursue it further, especially if they render it moot in a Final Agency Decision (like they did me). This may include going to Federal court to get your claims addressed and to get your compensatory damages. You will have to present objective evidence (letter from doctor, statement from wife, statement from family members and friends, counselor, etc)of the harm that you were caused.

This is Hiram reporting to you live for Clean Up ATF from Washington, DC!!!!

Where do I sign up?

I submitted my Request for Reconsideration on or about September 16, 2010. I called a week ago and asked the status. The following day, after my call, I received a letter acknowledging that they had received my information. Additionally, I have not heard from the DOJ attorneys in the pending EEO case. I will have to email the DOJ attorneys to see if I can get information. Why does it take so long? It has already been almost 3 years on the original or initial complaint. This Hiram reporting to you from Washington, DC for Clean Up ATF!

I like many others would like to publicly congratulate Will Clark on the dismissal of the criminal charges. I can only imagine what he and his family have had to endure for that last couple of years. I have heard so many say that it should have never gone this far. This may be true. However I was saying to a co-worker, I would rather be judged by 12 than carried by 6. I would have shot the guy 13 times. Will, thank God, in this altercation with this violent assailant and by your heroic actions you survived the assailant and the trial. After the inconsistent testimony of the witnesses, the Judge, an honorable man, did the right thing and finally dismissed the charges. This is definitely a good day for Will Clark and for the ATF Family. I was at the edge of my seat with every update that Box provided. This was nerve wrecking for all of us. I really like the unity that we (as an Agency) showed in this situation. Again, CONGRATULATIONS Will, I wish you the best!!!!! Sincerely, Hiram A.

Hiram, you missed the point. This is a serious issue. Maybe not top of the list but when agents are begging f0r help, support and equipment and our leadership can dedicate time and resources to a "publicity stunt" and then post it as a top story to our intraweb it is an "in your face" insult to every agent at ATF who is trying. You have complained of ATF mismangement and this is another example of why you and many others are in the situation they are in. If they put as much effort into your complaint and issues as they have into the mummy then your business would be settled. This is an example of the top to bottom ineptness of management.

I agree with you this is a serious issue and it should be at the top of any manager or supervisor's list.

The point that I was trying to make was that it should not be compared to the recent news on the intraweb. The hard working people in that directorate have their job to do and have a budget to do it with. In my view we are comparing apples and oranges.

We should be critical of the lack of help, support and equipment but not the mummy news. The mummy news? Come on, I think that we can do better than that. I don't think that we should be critical of the Bureau's every move.

The cover-ups, clear violations of laws, regulations and directives should be exposed at every turn. This is what I support. Where does it say that they can't show case that software and reconstruct a mummy?

As to the reason that I find myself in the position that I do, like many others that are in the same position (as I have found out thru this site), we are not going to put up with a lot of "nonsense and bullshit!"


This Hiram Andrades reporting to you live for Clean Up ATF.org

"Posted Today, 01:09 PM Ladies and Gentlemen: After I received the EEOC Decision on Appeal, which was in favor of the Agency, I was, of course, disappointed. I took a second look at it and I made the decision to request Reconsideration based on the following: "STATEMENT OF RIGHTS - ON APPEAL RECONSIDERATION (M0701) The Commission may, in its discretion, reconsider the decision in this case if the complainant or the agency submits a written request containing arguments or evidence which tend to establish that: 1. The appellate decision involved a clearly erroneous interpretation of material fact or law..." Specifically when I took a closer look at the Decision on Appeal, I noticed that the fact that I had requested compensatory damages had not been properly considered nor the fact that I suffered harm was also not properly considered. In addition, the Decision indicated that the Agency indicated that no selection was made, when in fact the announcement was canceled. I provided specific evidence that proves the above is true. It is my hope that the EEOC will agree with me this time. I will keep you posted. This is Hiram Andrades reporting to you live for Clean Up ATF.org!" Is stating the facts incorrectly another trick?

First Hello. New to the forum. Have many friends in ATF and strong desire to come on myself. Currently GL11 with USSS. Been trying for a long long while for ATF. Disturbing what I read here. My name was recently submitted to the "targeted recruitment" in two different divisions, Nashville and Atlanta. Didn't go anywhere because "I do not currently reside in either district". Total BS. i didn't get it because I am not a minority! I had nearly 10 years experience with a state investigative agency in Georgia where I had extensive experience in dope and violent crimes prior to USSS.
I will not be posting much of anything on here as i'm not on the inside, and can't contribute as such, but I will keep lurking and reading. Thanks to ya'll on here trying to make the agency a better place.

This was not minority recruiting, as so many of us thought. I was under the same impression. This was targeted recruiting as has already been stated here. There is a difference.

This was a list of names recommended by each district as you call them.

Come on, we are not in the mummy business. This was a public relations stunt to show case the software and its ability. Lets not make it more than what it is. We run the risk of being petty and trifling when there are serious issues we are dealing with here! This is Hiram Andrades reporting to you live for Clean Up ATF.org

Ladies and Gentlemen: After I received the EEOC Decision on Appeal, which was in favor of the Agency, I was, of course, disappointed. I took a second look at it and I made the decision to request Reconsideration based on the following: "STATEMENT OF RIGHTS - ON APPEAL RECONSIDERATION (M0701) The Commission may, in its discretion, reconsider the decision in this case if the complainant or the agency submits a written request containing arguments or evidence which tend to establish that: 1. The appellate decision involved a clearly erroneous interpretation of material fact or law..." Specifically when I took a closer look at the Decision on Appeal, I noticed that the fact that I had requested compensatory damages had not been properly considered nor the fact that I suffered harm was also not properly considered. In addition, the Decision indicated that the Agency indicated that no selection was made, when in fact the announcement was canceled. I provided specific evidence that proves the above is true. It is my hope that the EEOC will agree with me this time. I will keep you posted. This is Hiram Andrades reporting to you live for Clean Up ATF.org!

I received a response to my Appeal from the EEOC on an issue that I have pending. This appeal was denied. I am disappointed. I will take a line from the poem "Invictus" by William Henley, which says, "My head is bloody, but unbowed." I can assure you that I will continue to fight and hold ATF accountable and responsible for their actions, regardless of the outcome. This reminds me of another line from the poem "Invictus", which says, "I thank whatever Gods may be, For my unconquerable soul." I hope to have some good news in the future. This is Hiram Andrades reporting to you live from Washington, DC for Clean Up ATF.org back to you in the studio!

Anyone know of agents being arrested and being suspended after? You do not have to call names here but send me a message! Thanks, Hiram

All I will say is that there is a double standard! All of the rules apply to me.... None of the rules apply to them Words like ethics, integrity, laws, policies, directives, rules and regulations All apply to me but do not and never apply to them When I take a stand I am disgruntled... When they take a stand, they show leadership When I complain...I am a whiner. When they complain...they have some valid concerns. When I assert discrimination... They respond with retaliation! No growth, no budget, no equipment, no training. They still wonder why they find themselves in this sad state of affairs. In my opinion, if they were smarter, they would work harder and not try to compete with the FBI. There is no competition 5k employees to 20k employees. No competition at all! When they benefit from the double standard, it is good. When they are damaged from the double standard, it is bad. All I will say is that there is a double standard. This is Hiram Andrades reporting to you live from Washington, DC for Cleanup ATF.org!

During the months of June and July, I engaged in a letter exchange with DOJ attorney's whether the CNN news report should be admitted to the record. My most recent letter also included the article where Ms. Loos' remarks are mentioned and the statement from the Atlanta supervisor, Rafiq Ahmad. In late July, I wrote the administrative judge and told her that ultimately the burden of proof is mine and that any and all information that I submitted should be considered to determine whether or not I had met my burden of proof. I have not heard back from the DOJ attorneys. With regards to the status of retaliation within ATF, there have been some positive steps but not nearly enough to right the wrongs of the past that are still pending, including mine. Managers and supervisors are aware that retaliation will not be tolerated. This is clear. Ms. Loos remains in the background with no announced change in position and/or duties. There are still retaliatory practices in place, like arbitrarily removing your name from a list of consideration without notifying you or informing you of the reason. The end result is the same...you are not selected. I believe that there is still a "black ball list" or "black ball lists" that exist within the ATF. This is the reason and only explanation that I was denied a promotion in 1993, which was corrected as the result of the Black Agent's Lawsuit. This is the reason that I had to apply for over 100 jobs to get a supervisory position. This is the reason that I continue to be denied opportunities for training and assignments that could lead to advancement. In my opinion, the assessment center is a joke and is defeated at every turn. There are some selecting officials that ask potential applicants they want to select for their scores so they know which competencies they prefer, forward to HR and influence the selection of the Assessment Center. This assessment center process is not blind! While the assessment center is not going anywhere in the near future some changes would be appropriate to restore the integrity of this process. Let me be clear...I am NOT a disgruntled employee as some believe! I am an employee that has worked hard for this agency for the last 23 years and wants the best for this agency. I am an employee that in the same manner is held accountable and responsible expects his superiors to be held accountable and responsible. I am an employee that does his job and is not going to put up with, as you already know from the CNN report, a lot of "nonsense and bullshit". This is Hiram Andrades reporting to you live from Washington, DC for Clean Up ATF.org...back to you in the studio!

This week I received a letter acknowledging a request from the Office of Federal Operations for the complaint file and the Agency's response on the issue that is pending on appeal. I have been told that these appeals can take years. I am hoping that my appeal will not take years.

I received a letter from the EEOC that acknowledges receipt of my appeal for the dismissed issue. I requested an appeal on the following basis: 1. Retaliatory Conduct 2. Complaint is not moot *Compensatory Damages Requested *Retaliatory Conduct not eradicated or addressed 3. Fragmentation of complaint 4. Complainant wanted an investigation conducted 5. Pattern of retaliation 6. Violations of EEOC Regulations On the issues that are pending, I recently signed and had notarized a deposition. I made a copy for myself and the admin judge and sent the original back to the stenographer, since there was an issue about me getting a copy from the DOJ attorneys. The case is still pending before the admin judge and there has been no movement since my deposition in late April. I wanted to thank those of you that provided positive feedback on the CNN report documenting retaliation in ATF. I appreciate your encouragement and support. What I would like everyone to know is that I sat down with CNN for two hours and spoke on the subject of retaliation and discussed my case in particular. When you discuss your negative experiences, it is difficult not to relive them and get worked up about it. In the edited piece, I was very passionate and talking from the heart. These are and were solely my opinions, based on my knowledge, experiences and responding to the questions that I was asked by Abbie Boudreau. I realize that I will not win any popularity contests by saying bullshit on national TV. I also realize that I not win any popularity contests with some of my peers and supervisors. However, if my actions help shift, even ever so slightly, the culture of retaliation that was exposed by CNN, in my view, it is worth it. I have viewed the CNN report and the podcast of the Deputy Director and I believe that he is genuine and sincere when he says that he will not tolerate retaliation against ATF employees. In the end, I hope that my assessment is correct and hope to see the changes implemented by the Deputy Director, as the result of the information brought to his attention. I realize this is not and will not be an easy task. I also realize that it will not happen over night. In the end, I want to believe that it will benefit all employees. Whether I prevail on my pending issues, it remains to be seen but I will continue to keep you, the readers of this forum, updated.

I have completed my appeal to the Agency's Final Agency Decision. I feel pretty good about it. I will have to wait and see what the EEOC, Federal Operations has to say about it. The basis-es for my appeal are several. I will be sharing the basis-es of my appeal when I get a decision from the EEOC. I will be turning it in this week. Wish me luck!! Thanks, Hiram

Please, please, and please! Do not take my gratitude as a sign of weakness! I am grateful to the folks that did the work. I want to believe that these are decent people. I also believe that the EEO Director and staff are being remotely controlled and told every step to take. All of the delays, they are planned and not because they have a lot of work to do. Based on my experience, I have concluded that ATF just does not care about EEO complaints. Ms. Loos has made that very clear. The ATF EEO Office has not been independent in a very long time and is definitely not objective. I am going to see this thing through until the end. I will see you on the other side. Thanks, Hiram

Is there a wind of change within ATF? I requested some documentation from DOJ/ATF EEO and I received it the same week and within days. I was surprised at the quick response. I must publically thank those involved for making this happen. If you read this website, thank you! Thanks again, Hiram

The agency (which is code for Chief counsels Office), is notorious for ignoring the law and dragging out complaints with the sole intent of #1 covering retaliatory acts by management, and #2 creating legals expenses and grief for its dedicated employees.To Hiram and others who have been exposed to these games. Be advised: the fact that you challenge them, and when they are CAUGHT, they reverse the prohibited personnel practice and give you what you had originally asked for DOES NOT exempt them from liability. SEE

BURLINGTON NORTHERN AND SANTA FE RAILWAY
COMPANY, PETITIONER v. SHEILA WHITE
on writ of certiorari to the united states court of
appeals for the sixth circuit
[June 22, 2006]

No. 05-259.?Argued April 17, 2006--Decided June 22, 2006
Title VII of the Civil Rights Act of 1964 forbids employment
discrimination based on "race, color, religion, sex, or
national origin," 42 U. S. C. §2000e-2(a), and its
anti-retaliation provision forbids "discriminat[ion] against"
an employee or job applicant who, inter alia, has "made a
charge, testified, assisted, or participated in" a Title VII
proceeding or investigation, §2000e-3(a)

It CLEARLY states that just because the agency reverses its bad acts when the complainant is nipping at their heels, does not negate the fact that they took the act in the first place.

Thank you Doc! I appreciate your information.

Thanks,

Hiram

Thank you for the encouragement! This past week, I finally received some movement on a pending complaint (I have 2 or 3 others at different stages in the system). This one had been filed with the Agency since October 16, 2009. As to be expected, the Agency issued a Final Agency Decision dismissing my claim because the issue, they claim is moot. Of course, I disagree. This of course is disappointing in the sense of the Agency pursuing this course of action, but I do plan to appeal the dismissal of this issue. This is just another "out" or "secret compartment" or "tricks of the trade" the Agency uses to dismiss employees complaints and not address the issues. This is in furtherance of some officials' belief that the EEO process is a "bitch" platform for employees to complain. I will appeal and I expect to prevail on appeal. I will keep you posted. Sincerely, Hiram

Dear CleanupATF.org, I went to my EEO deposition yesterday and a deposition that was to last 2 hours lasted 4 hours. I was satisfied with my testimony. I was able to introduce and tie-in Dobyn's complaint and order that has been referenced on this site. I was also able to print and introduce some of the postings on the blogs/discussions. This goes to similar behavior and credibility. This was HUGE and AWESOME!! I would not have been able to do this if it were not for this site! I believe that it went well. I tried to cover my complaint on Issue #2 (retaliation complaint) and evidence provided to them related to this issue. The discovery period closes at the end of the month and I will see what the Administrative Judge does then. I will definitely keep you posted. If you have testified in federal court as a witness, the main thing is be prepared to cover all of the evidence and meet ALL elements of the crime. I believe they bank on you not proving 1 element so your complaint can be dismissed. The most common one is proving that the official reasons of the agency are false (pretext) and that the retaliation that you suffered is an adverse action, which would deter your future participation in the EEO process or have a chilling effect or that there is a causal link (the EEO activity occurred within 1 year of the retaliatory incident). I hope this is helpful to those that are going through the same thing that I am. Thanks, Hiram

Hiram,
Thank you for having the courage to come forward. I am a ATF-San Juan Alum and I have heard your name before. I do not think that any of us are asking for too much when we ask to go to work and do our 10 hours in a professional environment. All we want to do are our jobs and go home to enjoy our families. I felt safer on the streets of San Juan (highest crime rate in the US) than I did in my office with the unprofessional and illegal conduct that was going on in the office. I hope that someone with some authority will see this reappearing pattern of the same abuse of authority, lying, and fraud waste and abuse allegations. We need more people to come forward and tell the truth otherwise the bad employees will win. There is a quote that goes something along the lines of, there is a cost to make change and there is just as much of a cost to leave things the same. You get the gist of the quote. If we are going to live with stress, lets have the stress serve a positive purpose-CHANGE. Then and only then will ATF actually be one of the top 10 places to work in the Federal government.

Regards

Adam

Hey Adam,

The Puerto Rico assignment is and was rough. I believe that a professional environment is what I demand. I do not believe there are any winners or losers in this. When ATF does not act in the best interest of the citizens of the United States, we all lose. Taxpayers dollars are being wasted to protect the guilty at ATF and this should not be. The rules apply to some and not to all the same way. I hope to see the day when everyone is treated fairly and in a decent manner.

I have a deposition on the 28th of April, 2010. I will keep you and everyone else posted.

The ATF EEO Office finally responded to my emails. I had to include the head of DOJ's EEO Office. I filed a formal complaint October 15th, 2009 and it is still pending before the EEOC for acceptance. I do not believe that. I have no other choice but to take action.

I can appreciate your quote. It is oh so true.

Thanks for the post and your words of encouragement!

Best Regards,

Hiram

Stop sounding so surprised. They didnt shut down access to this site for no reason. Mr. Melson and especially Ms. Loos know that they are being exposed. If you were thinking the EEOC Office was independant and impartial, then maybe you should place your faith in the Ombudsmans Office next. They are circling the wagons. The Ombudsman reports to Mr. Hoover who is not even in the chain of command. They are supposed to report directly to Mr. Melson but previous posts are showing that Mr. Melson WANTS to be kept out of the loop. The only answer at this point is " I didnt know". Per the organizational chart approved by Alberto Gonzalez, Mr. Hoover has no authority and is merely an advisor to the Director, which if you havent noticed we dont have and have not had for over 5 years. Please tell me who is driveing this train? Hard to hold a ghost accountable. If you hadnt noticed, it wasnt ATF who blocked AND is monitoring this site. It is main Justice. Mr. holder, where is the transparency?

Doc, I am not surprised. I am and continue to be shocked at the blatant violation and disregard for federal law. I am and continue to be shocked at the fact that these blatant acts go unpunished. I am and continue to be shocked that Agency officials blatantly and repeatedly violate federal law with no sanctions or consequences. If the laws enforced by the Agency were repeatedly and blatantly violated there would be some action to hold whomever this may be accountable and responsible. It is amazing that there is a double standard for the citizens of America and another for Agency top officials!

As the result of my posting the emails between myself and the ATF EEO Office, I do not get an answer when I email the EEO Office. I emailed Stacie Brockman asking the status of my case with her office and she and others ccd: completely ignored my emails. In all fairness, I did receive a letter indicating that an investigator has been assigned.

I received a letter indicating that the ATF EEO Office is assigning an investigator to 1 of my issues pending before them. This is the most that I have heard from ATF recently. I will keep you updated.