"SHUT YOUR MOUTH, WHORE, WHEN MEN ARE SPEAKING."
-DHS Supervisor Timothy Borden to my
mother
This page is under
construction. While previously the names of all involved were kept
private, their anonymity cannot be maintained because we have
sacrificed ours. Additional incriminating sworn statements are
being added, please check back frequently.
Additional Internal Affairs sworn statements by co-workers show Supervisor Timothy Borden and Port Director Donna Dedeaux were treating my Mom differently and trying to get my Mom in trouble.
23 A: "Mary Brainard filed an EEO complaint against SCBPO Borden. After that, I have witnessed a lot of tension in the office." RC
112 A: "SCBPO Borden accused Mary of not entering notes into the system on an agriculture hold. It was like he was trying to get Mary in trouble with Donna (Dedeaux). Mary had entered the shipment into the system and showed me." RC
137 A: "She did properly document the system with notes and I saw the screen or the printout. He (SCBPO Borden) did ridicule in front of others." RC
173 A: "Mary gets her work done." RC
177 A: "I feel that he (Borden) doesn’t like (Mary). He can be overly critical of her." RC
182 A: "There are no pleasantries with Mary like there are with others." RC
87 A: “It seemed like Donna (Dedeaux) and Tim (Borden) were looking for little things to use against Mary....” MW
90 A: "..I didn't appreciate Tim (Borden) trying to throw Mary under the bus like that." MW
100 Q: Internal Affairs asked "How did you react when you learned that SCBPO Borden had (tried throwing Mary under the bus using your words) and reported it to PD Dedeaux?"
102 A: "I was angry and upset." MW
104 Q: Internal Affairs asked "Was it your impression that SCBPO Borden was trying to get you to report CBPAS Brainard for misconduct or unprofessional behavior?"
106 A: “I didn't appreciate it and he was trying to get her in trouble." MW
Contrary once again Borden can't recall things:
HTQ: 701 14: Did officer MW say to you he didn’t appreciate you trying to throw me under the bus in reference to taking his words out of context?
HTA 701 18: “No, I don’t recall that he said that.” SCBPO Borden
HTQ: 701 20: Did Officer MW tell you he didn’t appreciate you trying to get me in trouble using his words out of context?
HTA 702 1: “No, he didn’t - - we didn’t have a conversation about that. He didn’t say that to me.” SCBPO Borden.
EEOC Administrative Hearing Sworn Testimony
This is just the short list of excerpts of sworn statements to the EEOC Administrative Judege. The EEOC Hearing Sworn Testimony question and answer will be indicated with HTQ (hearing testimony question) and HTA (hearing testimony answer) respectively, is listed by page number, line number, and then the answering officer’s initials.
HTQ 404 2: Did you state to Internal Affairs that “Nobody should have to deal with the work environment that Mary is being subject to here?”
HTA: 404 6: “Yes.” RC
HTQ 404 7: Did you tell Internal Affairs that the tension began in March 2010, when Tim Borden started (working at our port)?
HTA 404 10: “Yes.” RC
HTQ 404 11: When asked by Internal Affairs if I got my work done, did you tell them that I do get my work done?
HTA 404 14: “Yes.” RC
HTQ 409 13” Did he ridicule me?
HTQ 409: 22….. EEOC AJ intercedes, “Do you consider that ridiculing Ms. Brainard?
HTA 410: 1 “Yes.” RC
HTQ: 411 19: Do you think it was fair that they (management) didn’t offer me the overtime?
HTA: 411 21: “That wasn’t fair.” RC
HTQ: 412 17: Do you think it was fair when Port Director Dedeaux excluded me from an email but sent it (to all other port employees)?
HTA: 412 22: “It probably wasn’t fair.” RC
NOTE: My Mom is not an attorney, however she is showing how she is being treated differently here, being excluded from overtime, excluded from emails, etc… however the EEOC Administrative Judge said she had to show where she was being treated “differently” because “unfair is never mentioned in the statute,” so my Mom began to rephrase to being treated “differently” and disparate treatment. Even her co-workers identified how my Mom was singled out, treated unfairly, and different.
HTQ: 415 …have you ever witnessed (PD) Donna Dedeaux instructing officers to rotate their collateral duties, like they’ve instructed you and me to rotate collateral duties.
HTA: 415 8: “No, I’ve never heard that.” RC
HTQ: 415 22: Did you see that officers are not completing a primary duty of completing the errors, the stats in the computer system?
HTA: 416 3: “Pretty consistently, they’d forget to put a flight here or there once a week. They’d forget to put the stats in.” RC
HTQ: 400 14: Did you join the union to protect yourself from Tim Borden?
HTA: 400 16: “Yes, but it was just mainly just to protect myself from the whole situation.” RC
HTQ 400 18: When you say the whole situation, can you explain what you mean by the whole situation?
HTA 400 21: Your EEO, just the general office tension, the unexpected.” RC
HTQ 401 1: Did we have this tension in the office before Timothy Borden arrived at the Port?
HTA 401 4: “No” RC
HTQ 401 5: Do you recall me joining the union to protect myself?
HTA 401 7: “Yes.” RC
HTQ 444 4: Did you write a memo to PD Dedeaux that you witnessed Supervisor Borden speak or reference to CBPAS Brainard “Shut your mouth, hoe or whore”?
HTA 444 8: “Yes.” DMH
HTQ 445 8: Did you witness Mr. Borden say, “Shut your mouth, whore, when men are speaking” or reference hoe or whore to any other employee?
HTA 445 12: “No.” DMH
HTQ 445 13: At one point, did you inquire with contacts you knew in Detroit to find out about Mr. Borden?
HTA 445 16: “Yes.” …..DMH
HTA 446 20: ….. “The person I contacted stated that she had problems with Officer Borden at the time in Detroit.” DMH
HTQ 454 11: Do you ever recall forgetting your Immigration stamp?
HTA 454 13: “Yes.” DMH
HTQ 454 14: So, would it be routine that if you forgot a stamp, you would ask a fellow officer to retrieve it for you.”
HTA 454 17: “Yes.” DMH
HTQ 470 22: Have you ever witnessed Port Director Dedeaux or Supervisor Borden between March 2010 and January 2011 be condescending, harshly hypocritical, or micromanaging me?
HTA 471 5: “Yes.” DMH
HTQ 471 21: In a conversation that you either had or overheard with Ms. Dedeaux, did she reference anything about how the Port would be a better place?
HTA 472 3: “I’m not sure of the exact phrases or words that she used, but she did mention that it would be a better place if you (CBPAS Brainard) weren’t there.” DMH
HTQ 472 9: Have you ever seen Port Director Dedeaux or Borden speak in a demeaning fashion towards me?
HTA 472 12: “Yes.” DMH
HTQ 472 13 Have you ever seen them raise their voices at me?
HTA 472 15: “Yes.” DMH
HTQ 493 6: Do you know what this is?
HTA 493 9: "It is a memo that I had to write to the Port Director through Supervisor Borden in regards to a primary lookout that I let go without actually processing it as a lookout. DMH
HTA 493 15: “…. When I initially did the flight, I didn’t check our computer system to see if there was an actual lookout….. ….. When I came back from processing the flight and putting the information in, I noticed that it was a lookout.” …. “I missed a lookout.”6
Note: This officer is referencing a lookout on a potential terrorist watch list.
Another officer:
HTA 601 6: “….it appeared to be that he (Borden) was trying to get Ms. Brainard in trouble or that – assuming that I had a problem with it when I didn’t….. MW
HTQ 602 11: So did – was your impression that he (Borden) was trying to get me disciplined or reprimanded for that?
HTA 602 14: “Yes.” MW
Borden
Borden was difficult in his answering multiple questions and he made ongoing, rambling statements.. As Internal Affairs investigators had stated Borden couldn’t recall any of his questionable behavior but could recall vivid details about his alleged shortcomings of my Mom.
Since she began working for CBP in 2006 my Mom never had any negative employee review EVER. She never had any verbal or written reprimands –until Borden arrived at her port. After the Congressional inquiries, my Mom has not had any verbal or written reprimands either and continues to have positive employee reviews.
If my Mom was the bad employee that Borden and Dedeaux make her out to be - why doesn't any of this poor performance appear in any of her employee reviews? Because it is all fabricated by Borden and Dedeaux in their attempts to cover up the harassment towards my Mom.
Borden was prolific at exaggerations… he “spoke on the phone for “hours” to resolve an agriculture shipment that doesn't arrive until over 24 hours later …. And referencing the elevator where he falsely claims my Mom “assaulted him” in questioning below:
HTQ 662 2:
Mr. Borden, you stated you spent a couple of hours on the phone
tracking this shipment. Is it - - is that a normal
procedure?
HTA 662 6: “Oh,
no, it was horrific after working those early hours all I wanted to
do was to go to sleep……” SCBPO Borden
HTQ 648 14: How many people would you say can fit in this elevator?
HTA 648 16: “I don’t know. I - - SCBPO Borden
HTQ 648 17: Six?
HTA 648 18: “Oh, no, definitely more than six. At least a dozen I guess. ….” SCBPO Borden
Six adults in this elevator it would be full - and a dozen would need to be packed in like sardines. If my Mom assaulted SCBPO Borden in this elevator as he claimed his "witness" would have easily been able to identify that. But the "witness" stated "no assault occurred." Dismissed by the Administrative Judge.
SCBPO Borden is an armed officer and is issued a firearm, baton, pepper spray, handcuffs, and he carries a multi-purpose tool among other items. My Mom is unarmed, and is not allowed to carry pepper spray. She is issued a knife.
During the EEO hearing as my Mom questioned Borden, he couldn’t identify the tools an agriculture specialist would carry on her person, even though he is responsible for supervising her. Borden had made comments belittling the agriculture specialist for not having firearms and he belittled U.S. Coast Guard employees he saw that were not armed. One employee sworn statement included that Borden made criticizing comments about USCG employees to him that they “looked like janitors.”
Borden failed to assign agriculture inspections to my Mom and then accused her of trying to get out of overtime. In one instance, Borden had over 24 hours to assign my Mom an agriculture inspection but then he completed the inspection himself failing to follow U.S. Code of Federal Regulations that specifically states than all manifested agriculture shipments must be inspected by an agriculture specialist.
In many examples my Mom proved where both Borden and Dedeaux intentionally made numerous false statements to Cleveland Area chain of command, to Internal Affairs, and to the EEOC Administrative Judge in their trying to cover up the harassment. All documented. And yet CBP and the EEOC failed to hold any accountability.
HTQ 658 11: Mr. Borden, who inspected this shipment?
HTA 658 13: “Oh, I did. I had to make that decision. It was a bad decision, but it was a decision - - it was a choice of two evils, either do the inspection or call you at 4:00 a.m. And, of course, I think it’s safe to say that would have resulted in another complaint. I was really shocked at that time that there was no hold no notification put on this shipment by the person whose primary duty it was to do that.” SCBPO Borden
Note: This shipment information was not available while my Mom was on shift so there is absolutely no way she could have taken any action on this shipment, and she proved that in court. Yet Borden continued to berate her for actions that she could not possibly have completed and the Administrative Judge allowed it.
There were numerous rambling accusations Borden spewed at my Mom during the EEOC Hearing - all unsubstantiated - and none were ever brought up during Discovery, yet the Administrative Judge allowed Borden to continue with all the unsubstantiated ramblings.
While holding my Mom to a different set of standards Borden did not hold her co-workers to those standards and in instances when officers failed to perform their official duties Borden did the officers' work himself.
HTQ 674 20: As a supervisor, why would you write the detention notice yourself and not have officer DMH write that notice of detention?
HTA 675 2: “Oh, it was extremely important to get that out immediately. We were in the wrong. There’s no getting around it; the broker knew it, the shipper knew it. We were way past our time line. It was a big problem and it had - - something had to be done starting right then.” SCBPO Borden
Contrary:
HTQ 452 13: Questioning Officer DMH ..."And did Supervisor Borden instruct you to complete a Notice of Detention?
HTA 452 15: "Yes." DMH
HTQ 452 16: And did you complete that Notice of Detention?
HTA 452 18: "Yes." DMH
HTQ 452 19: Did you have any assistance writing that Notice of Detention?
HTA 452 21: "Actually, let me rephrase that. I didn't complete it. He (Borden) completed it and had me send it out. I didn't actually do the paperwork." DMH
HTQ 453 3: So, why did Supervisor Borden complete the Notice of Detention if he instructed you to do it?
HTA 453 6: "I can't answer that for him."
HTQ 453 7: Why did you not write the Notice of Detention?
HTA 453 9: Because as a supervisor he (Borden) took the initiative upon himself to do so." DMH
HTQ 695 12: Questioning Borden: In these documents on 14 and 15, you have very detailed notes on specific times that you alleged I took breaks. Did you monitor any other employees on when they took breaks?
HTA 695 17: “Well, fortunately other employees were almost always at their assigned duty stations when we needed them to do work and a majority of the time you were not.” SCBPO Borden
HTQ 695 21: Almost always.
HTA 695 22: “No, I said a majority of the time, not almost always.” SCBPO Borden
Nowhere did Borden or Dedeaux have any documented shortcomings of my Mom as they accused. All her employee performance reviews were positive, and nowhere is there any evidence to substantiate these bogus accusations. Contrary, my Mom documented when management did not know where officers were when they were allegedly at work and the managers illegally denied aircraft landing rights “because we didn’t have an officer to be there.”
My Mom presented over 1,000 pages of documented evidence in this EEOC process.
Borden continued on to make rambling statements about my Mom with specific dates, times, and details yet he couldn’t recall any of his inappropriate behavior. Borden falsely claimed that my Mom would talk with “ghetto accent”719 8, alleged that “a co-worker was a transvestite,” 720 15, and alleged my Mom would pry into his personal life 721 2. My Mom did everything to avoid Timothy Borden, she surely wouldn’t interact with him if she didn’t need to. His rambling statements continued to allege more and more all unsubstantiated claims and even stated:
HTA 723 16: “Well, I think like anyone who is a victim of workplace violence especially when it’s a woman assaulting a man, you make excuses and you normalize it and you sort of try to pretend that it didn’t happen…..” SCBPO Borden
Borden then took line verbatim from his training and falsely accused my Mom:
HTA 724 4: …. “She exhibited most of the pre-assaultive indicators that we’re trained to spot; clenching the fists and having a throbbing carotid artery, and rising up out of her seat, and squaring off like a boxer would, and the way she was talking to me I thought that she no longer saw me as a human being or a person, but I was an object that she was free to assault again at any time. In a sense she was - - be justified in doing whatever she wanted.” SCBPO Borden
Dedeaux
HTQ 402 3: Did you and officer EC take a government – owned sofa that was no longer needed and deliver it to the Port Director’s (Donna Dedeaux’s) home”….
HTA: 402 13: I don't remember taking it to the house. I may have. I remember the couch, and I remember Donna (Dedeaux) wanting the couch." RC
HTA 402 20: ….If I would have taken it, it would have been on official time.” RC
HTQ 402 22: Did Ms. Dedeaux ask you and officer EC to either drop off or pick up her personal owned vehicle from the dealer getting serviced?
HTA 403 4: “Yes.” RC
HTQ 403 5: And did you do this on official time?
HTA 403 :7 “Yes….” RC
Some topics that had perjury had so many discrepancies they are confusing to read and won't even be shared here. Some involved inspection procedures where PD Dedeaux reported to Cleveland "due to overtime constraints" she did not have my Mom complete her inspections, but in the same instance Borden claimed my Mom was "trying to get out of overtime." And to complicate it even further, it was overtime the other specialist would have completed since he was the eligible officer and not my Mom. The perjury got deeper and deeper but Internal Affairs and EEOC both looked the other way.
Both Borden and Dedeaux failed to enforce agriculture Code of Federal Regulations requirements of having agriculture specialists perform mandatory inspections but did not hold themselves to the accountability.
Cross-examination by Agency Attorney Amy Baines to PD Dedeaux:
HTQ 931 6: Was there ever a time at the Port when some office furniture became available?
HTA 931 9: "Yes." PD Dedeaux
HTA 931 12: "We had a lot of old furniture in there that was not tagged or bar coded".... PD Dedeaux
HTA 932 1: "I took a sofa myself." PD Dedeaux
HTQ 961 6: You stated that you took a sofa, is that correct?
HTA 961 8: "Yes." PD Dedeaux
HTQ 961 11: And was that moved by employees on Government time?
HTA 961 13: "Yes." PD Dedeaux
HTQ 961 14: And did you ask these employees to move this sofa?
HTA 961 16: "Yes. Because I had no way of getting it home and it was a direct route to an assignment that they were going to do, and my house is really not out the way, so they dropped it off for me." PD Dedeaux
Questioning Dedeaux:
HTQ 975 6: You state that you have a lunch and that your managers basically give you grace on your - - your arriving late and leaving early, although Code of Conduct tells us that we're supposed to be prompt for work. So as CBP employees are we supposed to be following, the Code of Conduct or if someone says it's up to you on your schedule?
HTA 975 15: "I would say the Code of Conduct." PD Dedeaux
Yet my Mom produced dozens of documented examples where Dedeaux arrived late to work most days, left work early, and took off hours of time from work without inputting any leave of absence as required. PD Dedeaux received pay for not being available during work hours. This is theft in office.
NOTE: Quotes listed
below are from when we were protecting the identities of everyone
involved.
To protect my Mom from further retaliation she is listed as “coworker”, “subordinate”, and “my mom”.
The others are listed as “harassing supervisor”, “PD”, “officer”, “other PDs”, “other supervisors”, etc…
I cannot stress
enough that my mom needs protection from further
retaliation,
hostility, and denied opportunity because of all these listed who have abused their authority.
IA revealed the following quick snapshot summary from sworn statements:
Officer “A”
“Nobody should have to deal with the work environment that [my co-worker] is being subjected to here.” Notice the present term “is” being subjected to here because it is still ongoing in January 2011 at the time of the interview.
Officer “A” stated after [my co-worker] filed an EEO complaint against harassing supervisor “After that, I have witnessed a lot of tension in the office.”
IA asked “Has there always been “tension” in your workplace in [duty station]? If not, when did the “tension” begin? Officer “A” responded “It really began in March 2010 when [harassing supervisor] started. Officer “A” continued “No other officers have been asked to do anything like this referencing writing a ‘time analysis’ [my co-worker and Officer “A”] were instructed to produce. Harassing supervisor accused [my co-worker] of not entering notes into the system on [a specialized task]. Officer “A” stated ‘It was like he was trying to get [my co-worker] in trouble with [PD].”
IA stated [co-worker] has been accused of not getting her work done, acting “unilaterally,” and “bad-mouthing” [harassing supervisor]. Have you witnessed any of this? Officer “A” responded “[Co-worker] gets her work done. I think her personality is to ask a lot of questions and she is very assertive. [Co-worker] will argue her point if she thinks she’s right.”
Officer “A” states “I feel that [harassing supervisor] doesn’t like her. He can be overly critical of her.”
Officer “A” stated he thought [PD] was on [co-worker’s] side after the EEO complaint, but it seems like things changed after [harassing supervisor] accused her of assault. There are no pleasantries with [co-worker] like there are with others.”
Officer “A”
stated “I thought [co-worker] was being treated unfairly.
Additionally, I feel that the assault charge filed by [harassing
supervisor] against [co-worker] was a form of
retaliation.”
IA report of
investigation narrative summary C-750: "Also, to put this to rest,
[harassing supervisor] claims Officer "A" was a 'witness.' When
questioned, Officer "A" told PD that no assault took place. He
responded that if somebody 'cried out in pain' as [harassing
supervisor] claimed to have done, [Officer "A"] would have
remembered because he would have 'laughed his ass off' and 'told
everyone.'"
IA: “It has been reported that on March 30, 2010 [harassing supervisor] told [co-worker] “Shut your mouth, whore, when men are speaking.” Did you witness this event? Please explain what occurred. Officer “A”: “Yes, I witnessed the event he said it twice, …”
IA: “On March 30, 2010 while on an [assignment] with [co-worker] and [harassing supervisor], did you observe [co-worker] assault [harassing supervisor]? If so, what happened?” Officer “A”: “We were in the elevator on the way to [censored], there was a discussion between us and [harassing supervisor] regarding carrying a weapon. [Co-worker] demonstrated a move where she did a pressure point on [harassing supervisor’s] hand pulling it behind his back. I didn’t feel it was an assault.”
IA: “It was reported that [co-worker] physically assaulted [harassing supervisor] on March 30, 2010 by raising his arm behind his back until he ‘cried out in pain’. Did you witness this event? If so, what did you witness?” Officer “A”: [Co-worker] had his arm behind his back demonstrating a move and released him after [harassing supervisor] acknowledged that it works. He did not cry out in pain. He gave no indication that he was hurt or that [he] felt assaulted. It was never mentioned again until July [2010].
IA: “Did you report this event to any supervisor? Why or why not?” Officer “A”: “No, I thought it was just clowning around and didn’t take it seriously and [harassing supervisor’ didn’t seem to either. It was a non-issue and was forgotten about.
Referencing the PD moving co-worker and Officer “A’s” workstations directly outside the PD’s office and directly in front of the harassing officer, Officer “A” stated: “I questioned the timing of the move given the EEO complaint that [co-worker] had filed against [harassing supervisor]. I see no change in our working relationships [within the office]. When [co-worker] is here, it strikes me as hostile. I asked to move my desk… [away from this area] but that didn’t fly.”
IA: “Has there always been ‘tension’ in your workplace in[duty station]? If not, when did the ‘tension’ begin?” Officer “A”: “It really began in March 2010 when [harassing supervisor’ started.
Officer “A” speaking about the PD to IA: “[PD] also asked us to come up with a time sheet showing how much time we spend performing our duties. No other officers have been asked to do anything like this.”
Officer “A” referencing [harassing supervisor] towards [co-worker] “He did ridicule [her] in front of others.”
Officer “C”
Stated “I found out that they were trying to file an assault charge against [co-worker]. It sounded to me as if they were trying to coerce her into not continuing with the EEO complaint.”
“Have you witnessed any discrimination, harassment, or mistreatment of [co-worker] by either [PD] or [harassing supervisor]?” You replied line 30 “I would have to say yes.”
“It was reported that on March 30, 2010 [harassing supervisor] said “Shut your mouth whore when men are speaking” to [co-worker]. Did you witness this statement? If so, explain what occurred.” Officer “C” replied “Yes, I did. I’m not sure what the conversation was about and I caught the tail end. That part caught my attention. The whore statement.”
IA inquired about [harassing supervisor] making comments about “pink socks” and Officer “C” replied “The first time (he said it) I didn’t think it was a big deal. [Harassing supervisor] then asked her again if she knew what it meant. [Co-worker] continued talking and ignored [harassing supervisor’s] questioning. Officer “C” continued. “The second time I became uncomfortable with the question because I knew the meaning of the slang term and felt it inappropriate for [harassing supervisor] to be asking her about this topic, especially after the third time.”
On April 26, 2010 [co-worker] was accused of skipping a muster. Officer “C” said “I was the one who volunteered to go get her and he said, ‘No, I’ll deal with her later.’ The way he said that made me feel uncomfortable as she was nearby in an office and it would have been easy to get her. I felt as if he were trying to reprimand me for volunteering to go and get her.”
IA inquired about [co-worker] completing bank deposit duties. Officer “C” replied “I was concerned that unarmed personnel were transporting money. In [other major U.S. city duty station], even when a technician transported money we were there as armed personnel to protect them. That was procedure.”
You will see numerous instances where procedures were not followed.
IA asked “Have you ever witnessed [co-worker] being treated “differently” than other employees at the [duty station]?” Officer “C” replied “Yes, a few comments have been made such as, PD saying, ‘This would be a good place to work except for one employee.’ I learned by the way she was treating [co-worker] that she was the one she was referring to. [Co-worker] is very unyielding. If she knows she’s right, she’ll follow through. She’ll go head-to-head with the managers and they don’t like her style. Just the way that PD and [harassing supervisor] speak to her in a demeaning fashion. I have also heard both of them raise their voices to her.”
Internal Affairs lead investigator summary statement:
“While unable to recall or remember instances wherein his [harassing supervisor’s] conduct could be called into question, [harassing supervisor] was able to vividly recall events involving [his subordinate’s] deficiencies or shortcomings citing dates, times, and locations.”
[Harassing supervisor] claims he inquired with [his subordinate] information on the shipment “she yelled at me, “I don’t’ do Customs work” and then left the office. [Harassing supervisor] claimed “he never got the information and completed the notice of detention himself.” For the record, my Mom never yelled at [harassing supervisor.] She is professional and has never raised her voice to anyone in the workplace. It is not her demeanor. She is assertive and especially after being repeatedly falsely accused of failing to perform her duties. The bulk of her work involves “Customs” work so she would never say “I don’t do Customs work” because probably 70% or more of the work she performs is Customs work.
Officer “D”
Stated upon witnessing “[co-worker] was not present at a muster and witnessing Officer “C” offering to go and get her [from the next office space] [harassing supervisor] stopped him and said ‘No, I’ll deal with her later.’ If it had been anyone else, someone would have just gone and gotten them.”
When asked about an incident of [harassing supervisor] taking Officer “D”s words out of context Office “D” stated “I felt that [harassing supervisor] was using things to use against [co-worker] asking what the distances were and if we used a proper F1 stance, etc. I’m pretty sure [co-worker] was never disciplined over this and they just dropped it. I came back in after [harassing supervisor] was gone and told [PD] that this was a non-issue and I didn’t appreciate [harassing supervisor] trying to throw [co-worker] under the bus like that. I also told [harassing supervisor] this personally.”
When IA asked Officer “D” how he reacted when you learned [harassing supervisor] reported this incident to PD. Officer “D” replied “I was angry and upset.”
IA asked “Was it your impression that [harassing supervisor] was trying to get you to report [co-worker] for misconduct or unprofessional behavior?” Officer “D” replied “I didn’t appreciate it and he was trying to get her in trouble.”
Supervisor “W”, then promoted to PD “W” upon original PD paid move to a different state
IA asked “Have you ever witnessed an overt act of reprisal or retaliation against [subordinate] by PD or [harassing supervisor]?” PD “W” replied on line 40 “No, other than moving her closer to the potential problem, [harassing supervisor].” Note: My Mom’s desk was moved from a “specialized office” down the hall to sitting directly outside of the PD’s office and directly in front of the [harassing supervisor’s desk].
[Harassing supervisor]
Admitted saying “Shut your mouth whore when men are speaking” to my Mom, a subordinate female employee- but only admitted to saying it one time, contrary to her and her co-workers sworn statements to Internal Affairs AND the EEOC Administrative Judge (AJ).
Under sworn statement to IA –and- to the EEOC AJ, [Harassing supervisor] said sex was NOT a factor in his choice of words when he made this statement.
When IA asked “Would you call a male employee a “whore”? [Harassing supervisor] replied “Yes.”
Note: harassing supervisor did not speak this way to any other employee.
Also please note:
Even though the harassing supervisor admits in sworn statements
that he knows this language in not acceptable
under the DHS Guide of Code of Conduct he admits that he would say
it to others (male) people/employees. He is claiming to treat
everyone equally.
Really?
[Harassing supervisor] could not remember referencing a racial slur, and sexually, degrading term “gunt” he said about a civilian black woman walking on a sidewalk witnessed by Officer “A” but his questioning by IA: “When pressed about witnesses hearing him use the term “gunt” [harassing supervisor] said that he couldn’t recall using the term in [this duty station]” but used it in [his previous duty station.] And this is what DHS promotes to supervisory roles maintaining DHS integrity!
[Harassing supervisor] sworn statements could not remember repeating the term “pink socks” three times witnessed by Officer “C” who said that HE was uncomfortable with the harassing supervisor’s language after the second time [harassing supervisor] spoke it.
[Harassing supervisor] reported (to the PD) on 7/7/10 that he was assaulted by my Mom on 3/30/10.
Are you noticing the dates here?
See Officers “A” and “C” sworn statements about this alleged claim.
Filing a false claim of assault can be charged with a felony. Sworn officers are held to an even higher standard. Sworn managerial officers are held to an even higher standard than that. But harassing supervisor has not been held for false reporting to his superior, to Internal Affairs, or lying to the EEOC administrative judge in sworn testimony.
Harassing supervisor was caught with his verbal abuse and was trying to “trump” the verbal abuse with a bogus physical assault claim against my Mom.
The harassing supervisor has been rewarded with overseas assignments, assignments working in Washington D.C. and is being awarded another overseas assignment. We cannot trust him to treat DHS employees with respect. We are supposed to trust him as an ambassador in other countries and that he is upholding law to prevent terrorism activities?
In a written memo to PD, harassing supervisor claimed until he “cried out in pain.” PD issued my Mother a “cease and desist memo”.
When IA asked specifically “Were you assaulted by [subordinate] on March 30, 2010?” [Harassing supervisor] replied “Yes.”
[Harassing supervisor] stated “[Subordinate did not follow-up on this shipment as is standard operating procedure” but there was nothing for [subordinate] to follow up on because [harassing supervisor] assigned the inspection to Officers “E” and “F”.
[Harassing supervisor] stated “[Subordinate] did not place a ‘specialized’ hold on the shipment” but [subordinate] could not possibly put a hold on a shipment that is not manifested during her shift. Manifests are not transmitted during her normal working hours. This is why “officers” are required to place holds on these “specialized” manifested shipments but routinely fail to do. See exhibits C-578-598.
My Mom has become a “Whistleblower” in her efforts just to be free of working in this hostile work environment as she exposes the discrimination directed at her. She reveals these intentional, abuse-of-authority, good ‘ol boys, who are failing to follow
United States Department of Homeland Security mandated polices and procedures. Please keep in mind, there are numerous instances that cannot be revealed as they were privy to my Mom’s official duties, but I can assure you, officers and managers failing to perform their official duties that put national security at risk, employee personal information not safeguarded as required, PD personal use of government property, the list goes on…..
Why is the DHS Oversight, Investigations, and Management Subcommittee not investigating, revealing, and taking corrective action?
PD sworn statements:
IA Referencing “inappropriate comments to [subordinate] by [harassing supervisor] IA asked “Did you notify the Joint Intake Center (JIC) in Washington D.C. of this serious allegation of misconduct by [harassing supervisor]?” PD replied “No, I did not.” PD is obligated to report to JIC but she failed.
IA stated “It was reported that another officer offered to remind subordinate] of the scheduled muster, but [harassing supervisor] wouldn’t allow this.” PD replied “[Harassing supervisor] told me that he did not have anyone go get her, because he would give her the muster later that day.” Contrary to multiple witness sworn statements.
PD sworn
statement to IA 6/22/11 “Does [subordinate] complete her assigned
work in timely fashion and does it meet acceptable standards?” line
111 “Yes, but only after being reminded several times... [Why is PD
reminding subordinate several times before work is due if she
completes it in a timely fashion?]
Line 114 “she
shows little to no initiative in completing work.” Did she not just
say that my mom completes her work to an acceptable standard in a
timely fashion?
Please notice the date of the above sworn statement by the PD. She claims my Mom needing to be reminded several times to complete assigned work... and little initiative in completing work. (the Agency issued an award in Dec 2011 for my Mom “taking initiative to creating a solution to a problematic report in May 2011. Even after the way my Mom was mistreated by her superiors, she continued to take initiative to doing tasks above and beyond her duties) Award details will be added to the website when EEOC hearing sworn testimony is added at a later date.
In the following example, to protect my Mom’s identity, I am just going to reference the item of “interest” as “SHIPMENT 100”. This example shows numerous examples of the managers failing to follow procedures and numerous false statements made by both harassing supervisor and PD in their attempts to cover-up their failures to follow DHS policies and procedures. Please note dates.
[This is very brief. Many more details revealing numerous false statements by both harassing supervisor and PD will be added to this SHIPMENT 100 debacle example. DHS and IA have failed to hold accountability to any managers making false statements. This is very important because sworn officers must be trustworthy or they violate Giglio, and their word is no longer valid. This is a termination notice to sworn officers who make false statements. Please see “Giglio” definition as this website is constructed.]
IA asked PD to recall the SHIPMENT 100 on approx 06/16/10. PD stated “[Harassing supervisor] asked if I had known about the SHIPMENT 100 and I told him that no one had mentioned it to me.”
***Note, PD states she did not know about this SHIPMENT 100 on 06/16/10
And [harassing supervisor] received “a call from Officer “A” later that day at home.” “[Harassing supervisor] said he told Officer “A” that since he would be at the location he ([Harassing supervisor]) would take care of it.”
***Note PD sworn statement that “Supervisor would take care of it.”
IA had asked [both harassing supervisor and PD] “Are you familiar with any recent memoranda indicating that SHIPMENT 100 shall be inspected by [specialized officer]?” and [harassing supervisor] replied “No, I am not.” [Harassing supervisor and PD both] had received the muster email dated 05/28/10 Exhibit C-110, C-111. [that mandates by Federal law the specialized officers to perform this duty.]
*** Note on 06/16/10 Both PD and harassing supervisor failed to follow mandated procedure even after just receiving the training on 05/28/10
PD stated referencing a publication of Shipment 100 seizure that [harassing supervisor] had published with nix name, the PD’s name, and Officer “A”s name. He did not include [subordinate’s] name who completed almost the entire processing of Shipment 100.
Most all of SHIPMENT 100 actions were completed by [subordinate] As the harassing supervisor submitted noteworthy reporting of this SHIPMENT 100 he was recognized for his “great job” by the PD. In the published article after being questioned by IA on why [subordinate’s] name was not listed the PD sworn statement said: “PD’s name was added out of respect as the port director.”
But [subordinate] who did the intercepting, inspecting, and completing the contraband seizure respect to the [subordinate’s] position. name was not added out of respect?
When questioned by IA on why subordinate’s name was not listed as the intercepting and processing officer, PD stated again “I was probably listed in by line out of respect to me being the port director. [Harassing supervisor and Officer “A” were listed because they wrote the article. I can’t speak as to why [harassing supervisor] left [subordinate] off the article, but if she was the intercepting officer, she should have been listed in the article as well.”
The PD was well aware of subordinate’s every move since the harassing supervisor and her began harassing subordinate, monitoring her daily, but the PD claims she doesn’t know if subordinate was the intercepting officer for this significant interception.
A primary function of a specialized officer is to search, find, inspect, and process specialized related items of interest. The PD is either completely out of touch or completely lying of the true work functions but acute to all the alleged deficiencies the PD and the harassing supervisor claim subordinate has had since harassing supervisor’s arrival March 15, 2010.
If this subordinate, my Mom, had such deficiencies, why, as her first-line supervisor from October 30, 2007 through March 15, 2010 didn’t the PD identify any deficiencies? No deficiencies. None!
ALL of my Mom’s employee reviews have been positive to the date of this writing
because my Mom is an outstanding officer who honors her sworn oath to the United States policies and procedures.
If my Mom failed like the accusations of these managers why does she have all positive reviews?
My Mom has been slandered by the harassing supervisor, then the PD, and then through the entire DHS good ‘ol boy cover up including the EEOC.
It is time for all these failed managers to be exposed.
IA inquired to PD issuing a ‘cease and desist’ memo to my Mom. PD stated it was to “1) notify her of the allegations presented by [harassing supervisor] and 2) to minimize the pettiness of issue between [harassing supervisor] and [subordinate].” A false allegation of physical assault is about as petty as the Rutgers University coach abusing his players to “motivate them!”
PD stated “I felt like every interaction between them were turning into a conflict and I used the cease and desist letter to notify [subordinate] that she needed to follow supervisory instruction.”
Yeah right, shut your mouth, whore!” Great instruction.
IA inquired to PD “it has been reported that [subordinate] has been accused of not following orders and “bad-mouthing” [harassing supervisor]” line 249 PD responded “I believe that this is due to a miscommunication between [subordinate] and [harassing supervisor] and not that she does not follow orders or bad-mouth him.” [Harassing supervisor’s exact words to [subordinate] in a meeting June 6, 2010 with him and PD were claimed that [subordinate] did not “act on his orders” and [subordinate] “was badmouthing him. EXHIBIT C-119
Officer “B”
01/13/11 IA asked “Have you ever witnessed any occasions where PD or [harassing supervisor] have been condescending, harshly hypercritical, or have micromanaged [co-worker]?” line 51 “She ([co-worker]) had conducted a [specialized] inspection in [different city]. I heard [harassing supervisor] and PD yelling at [co-worker] for working 15 minutes overtime.”
IA asked “Have you ever witnessed [co-worker] being treated “differently” than other employees at the [duty station]?” Officer “B” replied on line 61 “The [specialized officers] were moved out of their [specialized] office and into the main office area. PD said that if she had to ‘babysit one, she might as well babysit both.” She was referring to [co-worker] and [harassing supervisor].”
IA Report dated 01/13/11. IA asked if he had anything else to add to his statement line 66 “There has been tension in this office for months since the arrival of [harassing supervisor]. He came at me in a threatening manner in the office. He later admitted to the PD that he had accosted me. I don’t like to be around him alone, I don’t trust him. He is vindictive, he has a “Napoleon complex, he over supervises and micromanages veteran officers who know their jobs. He has blamed me for all of the troubles in the office. I get along with everyone except [harassing supervisor]. I feel he lacks the necessary training to be a supervisor.”
Officer “I” [work site 60 miles away]
01/12/2011 IA asked if he had anything to add to his statement line 66 “I don’t know how something like this could have gotten this far, it’s a waste of time and money. The port director should have nipped this in the bud and got this problem between [co-worker] and [harassing supervisor] resolved.” This is an interesting statement considering Officer “I” claims on line 25 “I have not seen anything directly in front of me.” How do you explain an officer in an office 60 miles away stating the PD should have ‘nipped this in the bud’?
“Office Manager”
IA asked if she had anything to add to her statement 01/13/11 and she replied on line 66 “I think [harassing supervisor] needs more training in how to handle people. [Harassing supervisor], on one occasion, began yelling in a tirade at Officer “B”. Following that incident, I was so stressed, that I contacted EAP for assistance.”
Officer “G” [work site 60 miles away]
IA asked on 1/13/11 “Are you aware of any dissention between the [co-worker work location] management, specifically PD and [harassing supervisor], and [co-worker]?” line 27 “[Officer “B”] told him he thought they were going to have some problems in [local duty station.]”
“Specialized Supervisor 9” ‘Area Port’ [work site over 100 miles away]
IA asked if he as ever witnessed [subordinate] being treated “differently” than other employees at [her worksite]. line 52 “Witnessed no, but I have heard that she gets undo scrutiny. Others are allowed to come and go, but she has to tell management that she has to specifically state where she is going, how long she will be gone, and when she’ll be back.”
This brief outline - only touches on DHS failures directed at my Mom
at the taxpayers expense from her first complaint in March 2010. DHS managers continue to deny her rights and she is forced to file additional "EEO complaints" in an EEOC system that still has not addressed her first complaint. She has not been treated with respect through the first EEO complaint. And she is to follow this corrupt system as she continues to be retaliated against and denied opportunity?