TSA Federal Air Marshal Director Thomas D. Quinn criminal investigation request of whistleblower Robert MacLean
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--------- - -- - , MAY 2 5 21-105 I i U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT 1 -, .- FEDERAL AIR MARSHAL SERVICE BY: 1: ; - ------ - ! / CONDUCT INCIDENT REPORT EMPLOYEES INVOLVED 1 Robert J. MacLean INFORMATION FURNISHED BY MANAGEMENT (NAME AND TITLE) INFORMATION RECEIVED / HEADQUARTERS (NAME AND TITLE) ASAC Mike Mika DETAILS TITLE Federal Air Marshal (FAM) DATE INFlORMATION RECEIVED 2/04/05 DATE OPENED BY HQ - FIELD OPS STATIONED AT LAX FO DATE OF INCIDENT Unknown at this time CATEGORY OF ALLEGATION # 4 Conduct Unbecoming. #7 Disclosure-SSI # 8 Hostile Work Environment # 19 Failure to Follow Procedures #26 Misuse of Government Equipment FAM Robert MacLean has been identified as a frequent participant in Delphi Forums/Air Marshal Forum, an unofficial internet website concerning FAMS. Some of the most offensive postings have been attributed to FAM MacLean. Information that was forwarded by FAMS Director, Thomas Quinn, to Michael Garcia, Assistant Secretary for Immigration and Custon~s Enforcement (ICE), is included along with this report. Previous CIR # 969 INITIAL ACTION ICEIOPR Notified via Memorandum from FAMS Director. Thomas Ouinn. to Michael Garcia. Ass't Secy for ICE DATE 2/11/05 0 INVESTIGATION DECLINED 0 INVESTIGATION OPENED CASE NUMBER PENDING: WAITING FOR ADDITIONAL DOCUMENTATION /ACTION REQUIRED BY REPORTING OFFICE FILE IN PENDING FOLDER..
Transcript
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MAY 2 5 21-105 I i U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT 1 -, .-
FEDERAL AIR MARSHAL SERVICE B Y : 1: ; - ------ - ! /
CONDUCT INCIDENT REPORT
EMPLOYEES INVOLVED
1 Robert J. MacLean
INFORMATION FURNISHED BY MANAGEMENT (NAME AND TITLE)
INFORMATION RECEIVED / HEADQUARTERS (NAME AND TITLE)
ASAC Mike Mika
DETAILS
TITLE
Federal Air Marshal (FAM)
DATE INFlORMATION RECEIVED
2/04/05
DATE OPENED BY HQ - FIELD OPS
STATIONED AT
LAX FO
DATE OF INCIDENT
Unknown at this time
CATEGORY OF ALLEGATION
# 4 Conduct Unbecoming. #7 Disclosure-SSI # 8 Hostile Work Environment # 19 Failure to Follow Procedures #26 Misuse of Government Equipment
FAM Robert MacLean has been identified as a frequent participant in Delphi Forums/Air Marshal Forum, an unofficial internet website concerning FAMS. Some of the most offensive postings have been attributed to FAM MacLean.
Information that was forwarded by FAMS Director, Thomas Quinn, to Michael Garcia, Assistant Secretary for Immigration and Custon~s Enforcement (ICE), is included along with this report.
Previous CIR # 969
INITIAL ACTION
ICEIOPR Notified via Memorandum from FAMS Director. Thomas Ouinn. to Michael Garcia. Ass't Secy for
ICE DATE 2/11/05
0 INVESTIGATION DECLINED 0 INVESTIGATION OPENED CASE NUMBER
PENDING: WAITING FOR ADDITIONAL DOCUMENTATION /ACTION REQUIRED BY REPORTING OFFICE
FILE IN PENDING FOLDER..
. a1 Air Mars/~al Service
U.S. Department of Homeland Security 425 f Street, NW Washington, DC 20536
.'.- U.S. Immigration and Customs Enforcement
February 1 1,2005
ACTION
MEMORANDUM FOR: Michael J. Garcia Assistant Secretary for Immigration and Customs Enforcement
FROM: Thomas D. Quinn Director, Federal Air Marshal Service
SUBJECT: Request for Investigation of FAM Robert J. MacLean
The purpose of this Memorandum is to request an immediate internal investigation of FAM Robert J. MacLean of the Los Angeles F.O.
Background
FAM MacLean has been identified as a frequent participant in the Air Marshal Forum (AMF), an unofficial, publicly accessible internet bulletin board concerning the Federal Air Marshals Service (FAMS). Since its inception in August 2002 there have been thousands of individual postings to the AMF by registered members, mostly FAMs. The AMF serves as one of the principal venues used by FAMS and other ICE employees to maliciously and publicly discredit and undermine FAMS management and the FAMS organization. FAMs who participate in the AMF do so in violation of a number of FAMS policies, as detailed in our Action Memorandum re: Request for Investigation of Certain Federal Air Marshal Service Employees, to Mr. Clark Kent Ervin, Inspector General of DHS, dated August 1 1,2004.
FAM MacLean serves as Executive Vice President of the Federal Law Enforcement Officers Association Federal Air Marshal Organization (FLEOA FAM) Executive Board. His identification as one of the most strident and irresponsible anti-management voices on the AMF directly links the AMF with FLEOA's concerted public campaign to undermine FAMS management.
Discussion
As discussed in the August 11 Memorandum, as well as subsequent Memoranda, the AMF serves as a kind of anonymous shouting gallery for disgruntled FAMs. Many of the posts are abusive, and many directly attack FAMS management and leadership, including, most persistently, Director Quinn and SAC David Adams, with malicious, obscene, irresponsible, defamatory, disparaging and
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Request for Investigation of FAM Robert J. MacLean February 1 1,2005 Page 2
disrespectful comments. Some of the most vociferous and offensive postings on the AMF have been made by a member using, at various times, the web handles "bye_bye_TQ", L'ANGRY_ADAMS", and "PINHEAD", all frequent posters on the site. Despite careful measures to protect his anonymity, we have been able to identify FAM MacLean as the author of these posts. A detailed step-by-step explanation of the analysis identifying MacLean is attached as Exhibit 1.
FAM MacLean has been one of the most abusive participants in the AMF. A small sample of his posts is attached as Exhibit 2. He is active in FLEOA and serves as Executive Vice President of the FLEOA FAM Executive Board. He is currently under investigation in connection with his unauthorized appearance on a segment ofNBC Nightly News where he criticized FAMS policies.
Participation by FAM MacLean in the AMF is a flargant violation of FAMS policies. Many of his posts on the AMF constitute activities that criticize or ridicule FAMS policy and management by speech and writing that is defamatory and that impairs the operation of FAMS, in violation of FAMS Employee Responsibilities and Conduct Directive ADM 3700 guidance regarding public statements and appearances, and TSA Human Resources Management Letter No. 735-1 regarding defamatory or irresponsible statements. A complete list of his violations is attached as Exhibit 3.
Link between the AMF and FLEOA
FAMS employees, acting under the umbrella of FLEOA, have waged a public campaign in the press, in Congress, and, especially, on the AMF, attacking FAMS executives and Director Quinn personally. It has been clear for some time that the AMP has functioned as both a FLEOA megaphone and, because of its anonymous nature, as a safe means of leaking confidential information to the press. The AMF has been one of the principal venues for FLEOA-inspired public criticism of FAMS policies, management and leadership. FLEOA press releases routinely appear on the AMF and FLEOA members and representatives regularly post FLEOA party-line information on the AMF. Competing organizations, such as the Federal Air Marshal Association, are frequently disparaged and messages critical of FLEOA have apparently been removed from the AMF by the host or by others.
In our August 11 Memorandum we stated that, although we could establish no direct link between the AMF and FLEOA leadership, the postings of FLEOA press releases and other materials, including by AMF member "byebyeTQ", strongly suggested that such a link existed and that FLEOA has used the AMF to foment discontent and recruit members among FAMs. The unmasking of "byebyeTQ", as well as of "ANGRY ADAMS", and "PIN HEAD" as a high-ranking FLEOA officer now shows a clear and direct connection between the & and FLEOA. We can now state definitively that the potential harm to aviation security caused by AMF is directly attributable to the actions of FLEOA officers.
While, in the short run, such irresponsible activities may help FLEOA to garner publicity and advance its narrow agenda of gaining standing as a de facto labor organization, they do great damage to the security of the civil aviation system, the personal safety of FAMs and of the flying public. We have expressed our concerns about this potential harm in previous Memoranda. The following is a recapitulation of these concerns.
Request for Investigation of FAM Robert J. MacLean February 1 1,2005 Page 3
1. The AMF encourages breaches o m
In addition to serving as a way for disgruntled FAMs to publicly discredit and undermine FAMS management, the AMF creates the potential for gross mishandling of non-public information regarding the FAMS. The AMF serves as an invitation for breaches of Sensitive Security Information (SSI) procedures, and such breaches occasionally occur.
2. The AMF serves as a way for FAMs to leak to the press in violation of standing FA1'4Spolicy
The AMF is routinely used by journalists, including MSNBC's Brock Meeks and Associated Press' Leslie Miller, to collect and solicit non-public information about FAMS. Journalists openly encourage disgruntled FAMs to contact them with specific information which is routinely used in stories highlighting alleged lapses in aviation security. Because the FAMS actively participating in the AMF constitute a small, but highly vocal group, the picture of FAMS presented by these leaks is a highly distorted one.
3. AMF is a potential intelligence source for terrorists
While the general picture of FAMS as a dysfunctional and ineffective organization painted 3n the AMF is highly inaccurate, it is possible to glean a considerable amount o f particular information about FAMS operations, procedures and capabilities by regularly reading the posts. The AMF provides our terrorist adversaries with an up-to-date one-stop-shopping library of information about the FAMS and aviation security which is posted in bits and pieces by participating FAMs ir- violation of policy. It would be easy for terrorists, who have proved highly internet-savvy in the past to use the AMF as a rich source of information about potential weaknesses in aviation security and even that they may use various ruses to solicit information directly from unwitting FAMs.
4. AMF increases the likelihood of hostile acts against aviation
A terrorist who is a regular reader of AMF could reasonably conclude that FAMS is an organization in disarray with poor leadership, misallocated resources and misdirected priorities. Such a misleading portrayal of FAMS not only damages public confidence in the FAMS, but actuary undermines the ability of the FAMS to deter hostile acts by presenting the organization as a soft target for terrorists. The AMF therefore endangers passengers and aviation safety and makes a terrorist attack more likely.
5. The AMF undermines morale and discipline among FAMs
The A . degrades the efficient functioning of FAMS by constantly churning a brew of unfunded LS ence rumors, allegations and grievances that undermine the morale of FAMs, Its ., ery ex^ t
encourages FAMs to violate existing policies, leading to a breakdown of discipline and increased stress on relations between FAMS and their managers. Thus the ability of FA-MS to deter a id defeat hostile acts targeting US. air carriers, airports, passengers and crews is degraied.
Exhibit 3 Specific Violations
FAM MacLean has violated numerous policies and regulations in connection with his participation in the AMF. Specifically, he has:
A. Disclosed in FLEOA's official publication, "The Eighteen Eleven" (1 8 1 I) , Sensitive Security Information (SSI) in violation of 49 C.F.R. Part 1520 - "Protection of Sensitive Security Information";
B. May have inappropriately used FAMS facilities, supplies, equipment, personnel andlor duty time to contact or lobby members of Congress, or to encourage third parties to do so, or did so in their official capacity as Federal Air Marshals, in violation of TSA Human Resources Management Letter No. 735-1, Para. 10, and FAMS Personal Use of Government Equipment Directive OMS 4401 ;
C. Engaged in activities that tended to criticize or ridicule FAMS policy and management by speech and writing that is defamatory and that impairs the operation of FAMS, in violation of FAMS Employee Responsibilities and Conduct Directive ADM 3700, Para. 17;
D. May have made unauthorized public statements or external publications concerning FAMS in violation of FAMS Employee Responsibilities and Conduct Directive ADM 3700 guidance regarding public statements and appearances, and DHS Management Directive MD Number: 2260.1 ;
E. Caused embarrassment to FAMS through off-duty activities designed to cause their co- workers and the public to lose trust in FAMS and question its management's reliability or judgment, in violation of FAMS Employee Responsibilities and Conduct Directive ADM 3700, Para. 1 1;
F. Made defamatory, irresponsible, disparaging and disrespectful statements attacking the integrity of FAMS management and encouraged others to do the same, in a manner that tends to adversely affect the efficiency of the service, in violation of TSA Human Resources Management Letter No. 735-1, Para. 12;
G. Participated in unofficial internet websites concerning the FAMS and divulged information related to the FAMS in violation of FAMS Employee Responsibilities and Conduct Directive ADM 3700, Para. 17(b), regarding unofficial Internet websites;
H. May have participated in unauthorized and undisclosed outside employment and used their government position, title and authority to endorse or promote FLEOA as an enterprise in violation of FAMS EthicsIStandards of Conduct Directive OMS 2 1 10, Para. 6(A)(10) and FAMS Employee Responsibilities and Conduct Directive ADM 3700, Paras. 14(b), 14(e) and 15;
Request for Investigation of FAM Robert J. -vlacLean February 1 1,2005 Page 4
Conclusion
FAM MacLean has been a central figure in the activities of a small group of FAMs, encouraged or directed by FLEOA, to undermine FAMS management. His participation in the AMF is a flagrant and unacceptable violation of policy that has done considerable damage to FAMS as an organization and that warrants stem disciplinary measures.
$y;:Fz-: -2; --. - , :,n S - 7 - ~ x at '. 1:' ..T aye aye TQ message 776.15 stating, "My iainer was in Vietnam" and "I am a w lyseti.'
2.; On 9-26-04 at 3:4; am Bye Bye TQ posts message 811.16 stating, ".....to see my kids" and "I will now go and collect my 70 k wnore money ...."
3.) On 9-26-04 at 2:W :>m Angry Adams posts message 81 1.19 stating, "I nave yet to enjoy an FOD and I have missed several training
days since my SAC decided to use the MRF policy."
4.) On 10-9-04 at 4:12 om Bye Bye TQ posts message 842.14 slating. "...I have been placed on MRFs 4 of lhe last6 of my lraining days...,", in
another place in the post Bye Bye TQ stales. "My SAC doesn't allow us to fire our weapon on our own time".
5.) On 10-9-04 at 432 ;m Bye Bye TQ posts message 924.2 slating, ..." Those must be the 3 OPS and 6 training positions he's referring to in my 400+ FAM office."
6.) On 10-13-04 at i2:46 pm Pin Head posts message 842.43 slating, ..." My FO forces us to wear it dunng training. Remember the whole muscle memory' lhng? If t am forced to wear 11 in training, I better wear it on missions. I don't want to go to an imaginary chest holster
while AHM066's *I4 terrorists' come after me."
7.) On 11 -7-04 at 12% om Pin Head posts message 855.53 stating. "Good thing I am stuck in a dump in Queens for Thanksgiving and
don't have to lace my family and all the dumb Air Marshal topics."
8.) On 1- 15-05 at 11 :I4 am Angry Adams posts message 1035.1 stating. "I jusl ~ o t this from !he -HQ kak-room." In the message he states that he has a HQ source and in one place in the message refers to the source as " she" and in another place in the message refers to Ihe source as "her". Angry Adams notes that: "we would be lost without her".
EVIDENCE:
9.) A review of all messages posted by Angry Adams, Pin Head and Bye Bye TQ resulted in the determination that there is a high probability that one person uses all three web tags. This determination is based on strong similarity in writing style, subject matter, tone, word and
acronym usage, punctuation, grammar, slang terms and unique spelling for words such as'fu ck" or "a ss" etc.. common to all three web lags tags in significant amounts.
A review of all messages posted by Angry Adams, Pin Head and Bye Bye TQ reveals the following: Angry Adams has posted 44 messages wilh the first on 7-9-04 and the latest on 2-7-05; Pin Head has posted 39 messages with the first on 4-25-04 and the latest on 11-9-04;
Bye Bye TQ has posted 11 1 messages with the first on 7-5-04 and Ihe latest on 2-8-04.
Inquiry revealed that the acronym MRF means "Mission recovery FAMmand Is only used in the Las Vegas Field Office where it is commonly known. It is noted that the Los Angles F.O. had no knowledge of Ihe acronym MRF (reference #3 and ItA above).
Based on the Las Vegas origin for the term MRF. Mission Assignment Records and T W s were obtained for all FAMs assigned to the
Las Vegas F.O. and were thoroughly reviewed. A tolal of 146 current LAS FAMs were eliminated"as suspects based on their having been sitting in a plane seat on at least one or more occasions when messages were posted by Angry Adams. "excluding supervisors
and 10 FAMs personally vouched for by SAC Knowllon as above reproach.
13.) FAM Robert J. MacLean was develped as a suspect because he was a LAS PAM who received a hardship transfer to LAX in October 04 where he currently serves as the FLEOA F.O. represenlative. MacLean is also Executive VP of FAM FLEOA and the subject of a pending ICE OPR investigation for having appeared on NBC Nightly News wearing a hood to mask his identity. MacLean is a former USBPA from the San Diego Sector which is the home of local 1619. Ihe same union local that FAM Frank Terreri was formerly president of. MacLean claims to have served as the USBP San Diego Sector Public Relations Officer. In writings located on
MacLean's FAM computer MacLean lauds Tefreri as a good friend from his Border Patrol years where they occasionally worked together.
He states that Terreri appointed him the FAM Los Angles F.O. FLEOA representative. Upon his reassignment from the FAM Las Vegas F.O. MacLean wrote to his new FAM Los Angles F.O. ATSAC requesting to be partnered with Terreri on mission assignments.
14.) A review of MacLeans FAM email reveals lhat on 5-5-04 MacLean sent an email message to FAM Salazarwilh a subject line of: 515 MRF. The message asks Salazar If his duty hours had been switched to 1000 hrs (reference is made to #3 and above).
15.) A review of all of MacLean's mission assignments and TSA's revealed that MacLean had no mission assignments that placed him in
a plane seat on any dates or times when Angry Adams. Pin head or Bye Bye TQ messages were posted.
16.) A review of MacLean's TWs, mission assignments and Vouchers reveals that he spent the Thanksgiving period of 11-24 Ihm 11-27
on RON mission assignments out of the JFK airport. During this period Maclean stayed at the JFK airport Doublelree Club located in Queens NY (reference #7 above).
17.) A review of MacLeon's OD 21 4 filed at Ihe lime of his FAM application reveals lhat he served in support of Operation Desert Shield
between El2190 and 9/14/92. MacLean has a 5-point veterans preference (reference # I above).
18.) A review of MacLean s current SF 50 reveals lhat in 2004 his base pay plus locality and LEAP totaled S76.577 (reference #2 above)
19.) A review of MacLean's SF 86 reveals lhat he is married wilh no children. However, email traffic reveals lhat MacLean and his wife have two young
daughters born since his FAM €0 Per MacLean's SF 86 MacLean's (alher is a former Air Force Officer born in 1945 (reference # l and it2 above). MacLean's father's age would indicate that he likely served in the Air Force dunng the height of the Vietnam War.
20 1 A review cf Los Anstas and Washington F 0 staffing reveals that Los Angles is staffed with 3-Ops and &Trainers Washington F 0 is staffed with 8 Opa and 13-Trainers (reference U5 above) MacLean is assigned to the Los Angles F 0 wth numerous long haul missions into Oulles and BWi ';om LAX and other West Coast locations
21 .) SAC Knowlton has advised lhal he prohibits FAMs assigned to his office from wearing anything other than the issued hip holster during FO 'raining and has an unwritten policy prohibiting assigned FAMs from firing their issued firearm off-duty (reference (M above).
In wntings located o r MacLean's FAM comouter MacLean writes to ACY training on 12-25-04 requesting permission to wear a Survival Sheath brand chest holster instead of the issued hip holster during his upcoming Phase 2 training. MacLean notes that he 'would feel very uncomfortable re-teaching myself into a new holster system lor three weeks" (reference #6 above).
CONC AION' ^Ah1 Robert J. Mac-ean is me individual ~osting on the Deioni Air Marshal Forum as Angry Adams, Pin Head and Bye Bye TQ
I RECOMMENDED PERSONNEL ACTION: 0 INFORMAL COUNSELING 0 WRITTEN COUNSELING 0 LETTER OF WARNING LETTER OF REPE VIAND $/-DAY SUSPENSION TERMINATION / REMOVAL
V N O FURTHER ACTICY NECESSARY.
COMMENTS:
1 DATABASE CASE NUMBER 1 CLOSED B Y HQ - FIELD OPERATIONS 3
I
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The exemption(s) cited for withholding records or portions of records are marked below.
Freedom of Information Act, 5 U.S.C. § 552 Privacy Act,5 U.S.c. § 552a
o 552(b)(1) o 552(b)(4) 552(b)(7)(B) >< 552a(i)(2)~ 552(b)(2) D 552(b)(5) ~ 552(b)(7)(C) x 552a(k)(2)o 552(b)(3) ~ 552(b)(6) 552(b)(7)(D) 552a(k)(5)
D 552(b)(7)(A) _ 552(b)(7)(E) _ Other:
OIG redacted from the enclosed documents, names and identifying information of thirdparties and employees to protect the identities of these individuals. Absent a Privacy Actwaiver, the release of such information concerning the third parties named in theserecords would result in an unwarranted invasion of personal privacy in violation of thePrivacy Act, 5 U.S.C. § 552a. The information excised is also exempt from disclosurepursuant to sections (b)(6) and (b)(7)(C) ofthe Freedom ofInformation Act, 5 U.S.C. §552.
Exemption 6, 5 U.S.c. § 552(b)(6)
Exemption 6 allows withholding of "personnel and medical files and similar files thedisclosure of which would constitute a clearly unwarranted invasion of personal privacy."5 U.S.C. § 552(b)(6)(emphasis added). Exemption 6's protection applies to files that canbe identified as referring to a particular individual. The Exemption applies to OIGinvestigative records which can be considered "similar files" under Exemption 6. Namesand initials of lower level employees, non-agency employees, and private citizens inthese reports are exempted from public disclosure under Exemption 7C, and also qualifyfor withholding under Exemption 6 because disclosure of such names or identifyinginformation "would amount to a clearly unwarranted invasion of the privacy of anyperson." Thus, Exemption 6 clearly applies to the employee and private citizens' names,signatures, and initials redacted in the attached documents.
Exemption 7C, 5 U.S.c. § 552(b)(7)(C)
Exemption 7C protects from public disclosure "records or information compiled for lawenforcement purposes ... [if disclosure] could reasonably be expected to cause anunwarranted invasion of personal privacy." 5 U.S.C. § 552(b)(7)(C). The OIG invokesExemption 7C relative to the redaction of the identities of OIG Special Agents,investigative assistants, complainants, third parties mentioned or referenced during theconduct of the investigation, and any information which could reasonably be expected toidentify such individuals. OIG therefore protects the identities of third parties in muchthe same way as OIG protects your identity as the subject of investigation upon receivinga request for information from anyone other than you.
3
Exemption 2, 5 U.S.C. § 552(b)(2)
Information used for predominantly internal purposes, such as direct telephone numbersor facsimile number that referenced above, is protected from public disclosure underExemption 2. Generally, agencies dedicate and disclose specific telephone and facsimilelines, as well as electronic sites, for communication with the public. The reason for thisis that unlimited dissemination of non-public telephone and facsimile numbers could leadto congestion or abuse of those numbers, rendering operationally useless the internalmeans through which the agency conducts official business. Where disclosure wouldrender the internal information operationally useless, it is protected from publicdisclosure under Exemption 2. Thus, redactions to the internal telephone and facsimilenumbers are made in accordance with Exemption 2.
Referrals
Additionally 189 pages have been referred to the Immigration and Customs Enforcement(ICE) agency, a DHS component. This DHS component will process these records underthe FOIA and respond to you directly. This referral was made in accordance with DHSregulations, which require DHS agencies to determine whether another agency is betterable to determine whether the record is exempt under the FOIA. If so, then the recordmust be referred to the other agency. In general, the agency that originated a record ispresumed best able to determine whether to disclose it. See 6 C.F.R. § 5.4(c)(2).
This is the final action this office will take concerning this matter. You have the right toappeal this response. Your appeal must be in writing and received within 60 days of thedate of this response. Please address any appeal to:
Associate General Counsel (General Law)Department of Homeland Security
Washington, D.C. 20528
Both the envelope and letter of appeal must be clearly marked, "Freedom of InformationAct/Privacy Act Appeal." Your appeal letter must also clearly identify the OIG'sresponse. Additional information on submitting an appeal is set forth in the Departmentof Homeland Security regulations at 6 C.F.R. § 5.9.
Si~~~neR.GallOAssistant Counsel to the Inspector General
MEMORANDUM FOR: Robert W. Weber, DirectorOffice of rofessional Responsibility
lJfi1f1llMt;~.n Customs Enforcement
SUBJECf:
This matter is being referred to you for appropriate action and disposition in accordance with yourorganization's applicable rules, regulations, policies, and procedures. You are not required to include thismatter in your monthly report to the Office ofInspector General (OIG), nor are you required to provide theOIG with a copy ofyour findings and/or final action concerning this matter.
Ifyou have any questions concerning this matter, you may contact me at (202) 254-4100,or Joseph G. Sullivan, Jr., Deputy Assistant Inspector General for Investigations, HeadquartersOperations, at (202) 254-4300.
Department of Homeland SecurityOffice of Inspector General - Office of Investigations
OPR Number Queried? W Cross-referenced? ~ IHOTLINE INVFSfIGATOR'S INITIALSIDATE: l ) cz 10 1C!'1 lb'\COMMENTS: :eLF-- ~U- KO·\.-OI(OI·P. .' -vJ(ODI Administrative Closure (Close to File) ( ••.)
OJ ReferraJ/Notification Memorandum reviewed and signed by / \This document is intended solely for theinterrial, official use of the Department ofHome\mro secu4 Office ofInspector General. No distribution;oftliis document.may be made, in whole or in part, outside the Department of
Homeland Security, without prior authorization by the Office ofInspector General.
DEPARTMENT OF HOMELAND SECURITYOFFICE OF INSPECTOR GENERAL - OFFICE OF INVESTIGATIONS
CASE RECORD
COMPLAINT: R04-BICE-SID-07042 STATUS: CLOSE
8/27/04: Additional correspondence received via OPR pertaining to issuessurrounding an organization known as the Federal Air Marshal Association(FAMA). l )
On August 11, 2004, the Immigration and Customs Enforcement (ICE) Office ofProfessional Responsibility (OPR) received an allegation against Federal AirMarshal (FAM) , and other unidentified FAMS engaged in and arecontinuing to engage in activities that tended to criticize or ridicule FAMSpolicy and management by speech and writing that is defamatory and that impairsthe operation of FAMS, in violation of FAMS Employee Responsibilities andConduct Directive ADM 3700.
DATERECEIVED: 08/17/04
CROSSREFERENCE: 200405493
DHS employee
HPboDeJWPboDe:
TYPE: DHS employee
SSN:
SSN:
HPboDe!WPboDe
RECVD METHOD: MAIL
TITLE:
DOD:
DOD:
TITLE Federal Air Marshal .1YPE:
W:
STATUS:
08/18/04 r \:::::::ON ~eralCri~S-TYPE: Failure to abide by laws
Bureau ofimmigration and Customs Enforcement DISPOSITION 08/18/04DATE:
BI~)DRS AgeDcy:
SUBJECT 1
ADDRESS(W):
ADDRESS(H):
CITY/STATEIZIP Chicago IL
ADDRESS(W):
ADDRESS(H):
CITYISTATEIZIP Chicago IL
DISPOSITION NOTIFICATION BOX: I-Referred, no reply
Important: This document may contain conlklentlal and IIIlASItlVt U.s. Govemlllllnt Information. PIIl1ll8 derIVer Itimmediately to 1tlalntBnded redplent(S) IJsted above.Til" Joint lnli1kt centerhas not approvDd the documen1snvIew. ~mlsslon. d=lImlnatlon. or 11&. by anyone othw than the Intanded rodpkmt(s).
P\lla5e COfIIaCt (202) 927-1016 lmmedIaWy regardklg any problems wlth tie tran&mlttaVreeelpt of lhis dOClIInBnt
Documents consisting of 7 page(s)______ un originatingandlorofjnterestwithth~-
Immigation and Customs Enforcement (ICE)is/are being referred to ICE for review and directresponse to the requester. .
HomelandSecurity
Office of Inspector General
U.S. Department of Homeland SecurityWashington. DC 20528
REFERRAL DATA ENTRY FORMDHSCaseNo.
Other Reference No.
Case Entered by:
Primary Office:
Agent Assigned:
Date Received:
R04-BICE-SID-07042
200405493,
LS '11)D'" .pecla nv. IVlSlon
L__..._.__. 8
IQ~~7/9~ .. m ••• JIE
Status: C
Dollar Loss: 1~9_.-__.--..--.-"""'!.JDate Case Entered: 08/18/2004
o Special Designation
Date Assigned: t _ -.l iiiReceived Method: IMAI~ _.. ::JiI
Bureau Received From:
DHS Agency Affected:
FEMA Disaster:
Case Title:
Investigative Type:
I =tI'-Bureau of Immigration and Customs Enforcement.
I • Select a disaster ifDHS AGCY affected is FEMA
I IIGeneral Crimes - Failure to abide by laws ::::II
8/27/04: Additional correspondence received via OPR pertaining to issuessurrounding an organization known as the Federal Air Marshal Association (FAMA).
No Records
DispositionNo Records
Person Name
~er UnideJedFAM Employees
l ~,," ./
Referral to: liCE Offi~ o!£>rofess.~onalResponsibility
On August 11, 2004, the Immigration and Customs Enforcement (ICE) Office ofProfessional Responsibility (OPR) received an allegation against Federal AirMarshal (FAM) t.. ) and other unidentified FAMS engaged in and are continuingto engage in actTvities that tended to criticize or ridicule FAMS policy and
nagement by speech and writing that is defamatory and that impairs the operation.. ~'~n vlolat~onm~oyee Respons~b~I~t~es and Conduct 'D~rectWe'
3700.
This case was referred with no reply requested.
Date Case Closed: 08/25/2004 Allegation Disposition: tRe!erred to a DH~!3,ure~__:J.IU.S. Department of Homeland security - Office of Investigations IDMS Version 2 - July 2004
• Department of Homeland Set ItyOffice of Inspector General - Office of Investigations
Complaint Pc. cessing Form
OIGCASENUMBER: ; 4-07042-
D Hotline (MaiVEmaillFaxlHotline CalVETC..) Other #
Date~eferra~otification MemorandUlll reyiewed/signedbl "V. '61'lO~'1 .. .J<:..ThIS document IS IDtend~~o)e~yfor th~ mtem:d. offiCial useofth~ Departmen~O~d Secunty Office of f '\, lflS¢ctor General· No dlstnbutlon of tIllS document may be niade, ID whole or In part, outside the Department of "y) (,0
.. Homeland Security, without prior authorization by the Office of Inspector General. ~.l
Office ofInspector GeneralOffice ofInvestigationsU.S. Department or Homeland SecurityWashington, DC 20528
August 25, 2004
HomelandSecurity
MEMORANDUM FOR:
FROM:
SUBJECf:
Robert W. Weber, DirectorOffice ofProfessional ResponsibilityImmigration and Customs Enfqrcemen
Elizabeth M. RedmanAssistant Inspector General for Investigations
OIG Complaint Number R04-07042
On August 12,2004, this office received the attached referral from your office in whichThomas D. Quinn, Director, Federal Air Marshal Service (FAMS), requested that the OIG conductan mvesttgationOfcertamFAMS employees iillegecny involved in a concerte<rcampatgn,lri-~- ~~
coordination with outside advocacy organizations, to maliciously and irresp<)nsibly discredit andundermine management officials at the FAMS, to include Director Quinn.
After a thorough review ofthe allegations identified by Director Quinn in his investigative referralmemorandum dated August 11, 2004, the Office of Inspector General has decided to refer this matterto your office for whatever action that youdeem appropriate. While the actions of the FAMSemployees as identified by Director Quinn may be contrary to the efficient operation and effectivemanagement of the FAMS program, no criminal activities nor serious misconduct issues are alleged;therefore these allegations are best addressed internally by the FAMS senior management. FAMSmanagement should take whatever corrective program and/or employee disciplinary action theydeem appropriate and necessary to effectively accomplish the FAMS mission.
If you have questions concerning this matter, please call me at (202) 254-4042, or have your staffcontact Joseph G. Sullivan, Jr., Deputy Assistant Inspector General for Investigations, HeadquartersOperations at (202) 254-4300.
