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Federal ir Mc~;s iuerviceU S Department of Homeland SecurityP O Box 51 522Irvine CA 92618

U S Immigrationand CustomsEnforcement

September 13,2005

Mr. Robert MacLeanFederal Air MarshalLos Angeles Field OfficeSubject: Proposal to RemoveMr. MacLean:In accordance with the provisions of the Transportation S ecurity Adm inistration (TSA ) Hum anResource Management Letter 752-1, Interim Policy for Addressing Performance and ConductProblems, this is a notice I propose to remove you from your position as a Federal Air Marshal (FAM),and from the Federal service. If this action is found to be warranted, it will not be m ade effectivesooner than 3 0 calendar days from the d ate you receive this proposed notice. Th e reasons andspecifications for this action are:Reason 1 Unauthorized Media App earanc eSpecification 1 On or about September 9,2004, you appeared on the NBC Nightly News televisionbroadcast as the subject shown wearing a hood and identified only as FAM Mike. You had no priorpermission from the Federal Air M arshal m anagement to appear on the aforem entioned televisionnewscast. At that time you were aw are of Agency policy Directive ADM 37 00 that regulated andprohibited your unauthorized c ontac t with the media. You admitted and acknowledged the foregoingduring an official, administrative inqu iry regarding you r conduct.

Reason 2: Unauthorized Release of Information to the MediaSpecification 1: During 2004 you informed the media of the content of the FA M S Las Vega s FieldOffice (LAS FO) e-mails issued during July and August 2004 mandating that LA S F O F AM s composeone Surveillance Detection Report each month. You had no authorization to release this information tothe media. Your con duct violated D irective ADM 3 700, FAM S Employee Respon sibilities andConduc t. You adm itted and acknow ledged the foregoing during an official, administrative inquiryregarding your co nduct.

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Reason 3 Unauthorized disclosure of Sensitive Security InformationSpecification 1 On July 29,2 00 3, you disclosed Sen sitive Security Information in an unauthorizedmanner. Specifically, you informed the media that all Las Vega s FAMs were sent a text message totheir governm ent issued mobile phones that all RON (Rem ain O vernight) missions up to August thwould be can celled, or words to that effect. You adm itted and acknowledged the foregoing during anofficial, administrative inquiry regarding your conduc t.The med ia person to whom you disclosed this information is not a covered person within the meaningof the SSI regulations, 49 C.F.R. Part 1520. The information you in~properly isclosed concerned RONdeployme nts. Such information is protected as SSI pursuant to 49 C.F.R. 1520 S(b)(8 )(ii) whichsafeguards Information concerning the deploymen ts, num bers and operations of .. .Federal AirMarshals.. . The disclosure of this SSI had the potential to reveal vulnerabilities in the aviation securitysystem, and a s such, was extremely dangerous to the public w e serve.As a F AM , you are in a high profile position w ith significant responsibility for the lives and property ofothers, and, as such, you m ust preserve the public's confidence in these critical areas. As a lawenforcement officer, you are held to a higher standard of conduc t than non-law enforcementGovernm ent emp loyees. Most importantly, as a law enforcement officer, you have an affirmativeobligation to act properly and responsibly. Your unautho rized media appearance and unauthorizedrelease of information to the media raise serious doubts a bout your honesty, fitness for employment,reliability, and trustw orthiness.In conside ring the proposed penalty, I took into account that, as a FAM, you are aware of theimportance o upholding and defending local, state, and Federal laws, and your prior law enforcementexperience. Due to the nature and totality of your offenses, I have lost confidence in your judgmentwhen m aking important decisions, and your integrity when dealing with managem ent, airport security,and the public.

You have th e right to reply orally, in writing, or both, and to furnish affidavits and other docum entaryevidence in supp ort of your reply. If you disagree with this proposed remov al, your reply shouldsupport why you feel the action should not take place. You should submit your reply to Mr. FrankDonzan ti, Special Agent in Charge (SAC), Los Angeles F ield Office within ten (10) calendar daysbeginning the d ate after you receive this letter. Consideration w ill be given to extending your time toreply if you subm it a written reply to Mr. Donzanti stating your reasons for requiring more time. If youdesire to reply in person, you should contact M r. Donzan ti on (949) 282-5 101 to schedule anappointmen t to provide your oral reply. Due consideration w ill be given to any explanation(s), fact(s),affidavit(s), o r rebuttal you furn ish. You ar e entitled to be represented in this matter by a repres entativ eof your ch oice unless your choice of representative would cause a conflict of interest or position,unreasonable co sts to the Governm ent (TSA w ill not pay travel ex penses for your representative), o r aconflict with the priority needs of the Gov ernment. Before a representative m ay act on your behalf onthis matter, ho wev er, you must designate that person to M r. Donzanti in writing.You and you r representative are entitled to review the m aterial relied upon to support this proposedaction. Please contact me if you wish to review the m aterial.As soon afte r I receive your reply, or after expiration of the 10-day limit if you do not reply, a writtendecision on th e proposed removal will be issued. If you have any questions concerning this letter, or

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your rights or procedures regarding this action, you may contact Carolyn Donohue, Manager EmployeeRelations Branch on (609) 625-2360.For your information, the Emp loyee Ass istanc e Program (EAP ) is available to you and members ofyour family to deal with difficult situations. You may request assistance by con tacting the EAP toll freenumber, 1-800-222-0364, which is answered 24 hours a day. Any assistance you seek through thisprogram is confidential.

Sincerely,

Charles E. OilmanAssistant Special Agent-in-Ch argeLos Angeles Field Office

This memorandum was hand-delivered t o the employee on 24@5Supervisor s Signature Supervisory Witness s Sign ature

C .D/S V B M O k~i n~.El iPrinted Name Printed Name

I received a copy of this memorandum to keep.

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Federal Air arshal ServiceL S Department of Homeland SecurityP O Box 5 5Irvine. CA 926 8

U S Immigrationand CustomsEnforcement

September 13,2005Mr. Robert M acLeanFederal Air MarshalLos Ang eles Field OfficeDear Mr . MacLean:Th is letter is to inform you that a decision has been mad e to place you on adm inistrative leavecom me ncing upon your receipt of this letter. You w ill remain on administrative leave for a period ofsixty 60) days or until a decision has been reached on you r proposed removal. Adm inistrative leaveplaces you in a paid non-duty status.While on adm inistrative leave you are required to pro vide the Los Angeles Field Office with a currentphone c ontac t number and a current mailing address wh ere you can be reached. If you wish to leave theLos Ange les Field Office commuting area, you will be required to provide an alternative phone nu mberand address contact.For your information, the TSA Em ployee Assistance Program EAP) is available to you and membersof your fam ily to assist with difficult situations. You may contact EAP 24-hou rs a day toll free at 800-222-0364. When calling EAP you should request the Law Enforcement Network. Any assistance youseek through this program is confidential.If you h ave an y questions concerning this letter, you should contact me.Sincerely,

char l es E. OilmanAssistant Special Agent In-ChargeLos Angeles Field Office