The Uncivil Service (Chapter 8)

By gferren, Unfiltered 2-15-08

Chapter 8: Montana BLM - Players, Courts, Judges, Misconduct…Just Another Peyton Place

"You may think the Constitution is your security -- it is nothing but a piece of paper.
You may think that the statutes are your security --they are nothing but words in a book.
You may think the elaborate mechanism of government is your security --
it is nothing at all unless you have sound and uncorrupted public opinion
to give life to your Constitution, to give vitality to your statutes, to make efficient your machinery."
--Justice Charles Evans Hughes

The Players (And be sure your sin will find you out, Numbers 32:23…)

Janet Singer, Deputy State Director, Support Services (retired), 901 GINGER AVE BILLINGS, MT 59105-2055 (406-248-2898)

Tim Murphy, MCFO mgr., now a Deputy Director at NIFC, Boise ID
Gavin Frost, Field Solicitor, 1239 WICKS LN BILLINGS, MT 59105-4417

Linda Reder, was secretary to MCFO mgr. Tim Murphy, now the MCFO Admin Officer, BERGERSON RANCHETTES HC 46 BOX 7985 MILES CITY, MT 59301-8707, GS-0341-12

Diane Friez, Personnel Officer MSO, 924 GOVERNORS BLVD BILLINGS, MT 59105-2126, now Deputy State Director, Support Services MSO

Chuck Sandau, Employee Relations Specialist MSO, 5135 SWEET WILLIAM AVE BILLINGS, MT 59106-4406

Larry Hamilton, BLM Montana State Director, then Director NIFC (retired)

Tom Lonnie, Deputy Montana State Director, now BLM AK State Director

John Moorhouse, was Acting Deputy State Director, Division of Resources, MSO, Supervisory National Resource Specialist (retired), 123 NORRIS CT N BILLINGS, MT 59105-2338

Robin Stoebe, Information Services Manager MSO, 4133 AUDUBON WAY BILLINGS, MT 59106-1446

Sara Romero-Minkoff, EEO Counselor MSO, 4511 ROBBIE LN BILLINGS, MT 59106-3867

Tammy Watts, Computer Assistant MCFO, now IT Specialist MSO Billings, GS-2210-09

Robert Mitchell, Soil Scientist MCFO, 1617 PEARL ST MILES CITY, MT 59301-4407

Kathy Bockness, Physical Science Technician MCFO, 1417 PALMER ST MILES CITY, MT 59301-3607

Marilyn Krause, Public Affairs Specialist MCFO, now PA Specialist Butte, 2817 HANNIBAL ST BUTTE, MT 59701-4021

Dale Tribby, Wildlife Biologist MCFO, now Natural Resource Specialist (asst field mgr), 703 CALE AVE MILES CITY, MT 59301-4712, GS-0401-12

Park Richard, Computer Specialist MSO, 1818 BELVEDERE DR BILLINGS, MT 59102-4018

Asko Virtanen, Computer Specialist MSO, 15 S CRESTWOOD DR BILLINGS, MT 59102-5717

Aden Seidlitz, was Assistant Field Manager MCFO, went to BLM Utah

Richard M. (Rick) Hotaling, Manager, Malta Field Office, now Butte FO manager, 2411 KOSSUTH ST BUTTE, MT 59701-6135

Sandy Powell, Personnel Management Specialist, National Interagency Fire Center Boise ID

Ruth Welch, Management Analyst, Information Resources Management, Denver Federal Center

[Take a look here for the General Schedule (GS) pay scales, http://www.opm.gov/oca/08tables/html/gs.asp, I likely would have progressed through all the GS11 steps, if I had remained a BLM employee, and would have had a salary of $62,500.
This schedule also gives you an idea of how important the Fed salaries are to small communities in Montana. For more pay info look here: http://www.opm.gov/oca/08tables/]

[You can probably find more info on these folks via Google searches or Myspace, etc. If I've gotten an address wrong, my apologies (smile), Glenn Ferren PO Box 472 Superior, MT 59872]

The Courts
"A man who represents himself, has a fool for an attorney"...

But let me clarify this statement. The Courts are a good old boy network, where lawyers and judges play a game in which they have well defined acting roles. Afterwards they meet at the Country Club for drinks and golf. Billings Montana is a big city by Montana standards, but just a small town when compared to large cities in this country. The Judges and lawyers in any Montana city have a small social orbit and associate with each other on a routine basis. And that could explain why a Federal District Judge in Billings would give the US Attorney representing the BLM (30) days additional time to reply when they had failed to meet a (per the court's own rules, Local Rule 7.1 - time period for reply) timeframe and had technically defaulted their position…judgement for the Plaintiff would have normally been the order of procedure.

Statements like "we have the best legal system money can buy…" are based in part if not wholly on truth. Our judicial system is in no way based on "Justice", as in "with liberty and justice for all". And the Courts can not abide pro se legal action. The pro se litigant in these cases usually comes in with a notion of justice, that it's not a game, that right will prevail and that the guilty will be held accountable. The idealist crap of a bright shining lie that we are taught in school.

So, a man can be intelligent, even smarter than either the Judges or attorneys he will deal with, and he will still lose. The name of the game is delay and obfuscation and most cases will never go to trial where justice might be a reality. But even at trial this legal system will work to suppress evidence and misdirect the case. Many will undertake the sisyphian effort to work through the courts, moving at a glacial pace, expending massive amounts of time and money, only to be denied Justice in the end. Who is to blame?

We are. For allowing a judicial system that has no accountability, for allowing Judges to be appointed by whatever idiot is currently in a position of political power to do so, and especially for allowing Federal judges to be appointed for life. We allow fools to become dictators with the power of life and death over us. Look in the mirror, we are to blame.

In the end, when the Courts fail their role as a check and balance to the administrative and legislative branches, when they fail to uphold the Constitution, fail to ensure Liberty and Justice for all…What we are left with is only old men in black robes smelling of stale urine.

[I could not find an attorney to take the case and the attorneys that I talked to who had experienced cases against the government, even the ones that had won, said they would not do it again. The deck was stacked too high in the governments' favor, and the government has an unlimited supply of both lawyers and your tax dollars and can drag a case out until you literally die of old age. In my efforts to find legal help I appealed to PEER, the ACLU, the National WhistleBlower Center…nobody seemed willing to help, but many were sympathetic.]

[A complaint should not be dismissed unless it appears beyond doubt that the Plaintiff can prove no set of facts in support of the claim that would entitle the Plaintiff to relief. See Van Buskirk V. Cable News Network, Inc. 284F.3d977,980(9th Circuit 2002)]

[The Civil Rights Act & the Rehabilitation Act give the Court discretionary authority to appoint an attorney. A court appointed attorney (re:discrimination) 42 USC & 2000e5(f), 29 USC & 794(a)
The Civil Rights Restoration Act of 1988 (CRRA) prohibits against discrimination in the programs of entities that receive Federal Funds. Interior's budget comes from Federal funds.]

The 9th Circuit Courts

The 9th Circuit Federal District Court Billings, this is where I filed my case after exhausting the MSPB avenue in the fall of 2000. (Judge Shanstrom & MJ Anderson) The Billings Court had the case for about a year and then dumped the case on matters of procedure. In about another year the 9th Circuit Court of Appeals remanded the case/reinstated it. (Judges REINHARDT, RYMER, & SILVERMAN) [Anderson stated to me in a pre-trial meeting in Billings…"you'll have to play by our rules now."] About a year and a half later the Federal District Court Billings again dumped the case on *"matters of procedure, not merit".

*[And the Billings Court could have appointed an attorney to assist my case, if there were real problems with matters of procedure, since the case dealt with discrimination issues in addition to reprisal.]

The 9th Circuit Court of Appeals is where I appealed both the Billings Court filing and the Helena Court filing (where I filed the class action discrimination case, you can read more about that below.)

The 9th Circuit Court of Appeals (Judges HUG, O'SCANNLAIN, & SILVERMAN) ignored its earlier decision that had directed the Billings Court to make an effort to work with me on procedural matters and to offer guidance and the 9th Circuit Court of Appeals let the Billings Federal District Court decision stand (so I never made it to trial).

The 9th Circuit Court of Appeals looked good at first, there was hope, especially when they bitch slapped the Billings Court over their treatment of my pro se case (as an abuse of discretion) But later, with a national effort by all Federal Courts to stop pro se cases (and eliminate a large backlog of pending pro se cases nationwide) and after Republican efforts to appoint new judges succeeded in moving the 9th Circuit Court of Appeals in a right wing conservative direction, the 9th Circuit Court of Appeals failed to correct the Billings Court (and by so doing ignored my 7th Amendment Constitutional right to trial in a civil case).

[U.S. CONSTITUTION, AMENDMENT SEVEN (BILL OF RIGHTS)
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.]

[The Right to Trial in a civil case is also written into the Montana State Constitution.
My case had basis under US Code Title 42, Sect 1983, Sect 2000e-2; US Code Title 5, Sect 2301, Sect 2302, and others…and remember I'm not a lawyer, although even when I had one the MSPB ignored her arguments.]

The 9th Circuit Court of Appeals also sustained the Helena Court in the dismissal of the class action case. (Judges Kozinski, Hawkins, Clifton)

THE CLASS ACTION CASE - DEFENDANTS, US EEOC & DEPT OF THE INTERIOR

I had filed a class action case in Federal District Court Helena MT (for discrimination:age & sex, against males over 40 by BLM) after the US EEOC gave me the right when they internally reviewed their initial class action decision and effectively reopened the claim. By this time the Montana BLM had removed me, so the Court said that since I was not a BLM employee I had no standing to bring a class action (that was started before my removal, 10/99). "…Plaintiff lacks standing, again due to the fact he is not a Federal employee…"

The Federal Courts have basically said with this decision that in order to avoid class action discrimination claims, all an employer has to do is to fire or remove the employee bringing the class action. I don't think that was the intent of anti-discrimination laws, do you?

The Court also said that I could not bring a class action case as a pro se plaintiff, but if no attorney would take up the battle against the *cadre of government lawyers, who else was supposed to fight to stop the discrimination?

*(There were four government attorneys assigned to the class action case that were in effect supporting the governments right to practice discrimination)

A Class Action EEOC Complaint (discrimination against white males over 40); and the use of the "detail" and "directed reassignment" by management level as a tool of reprisal and repression,
This is the list of names I provided to EEO Investigator Barbara J. Peterson, EEO Class Counselor, BLM Washington D.C.:

Charles Laakso, Donald Nelson, Robert Bump, John Kwiatkowski, Bill Mcilvain, David Swogger, Craig Harding, Darrel Pistorius, Glenn Ferren, Richard Hopkins *(the Washington Office EEO investigator identified an additional (10) names from interviews.

(These may have been directly reassigned - Glenn Hadden, Tad Day, Chris Jauret, Bill Krech)

*Doug Burger, Dickinson ND Field Office mgr. - was involved in these (2) involuntary reassignments - Charles Laakso & Bill Krech (then he got Krech's job)

Names provided to EEO investigator by David Swogger - Craig Harding, Richard Hopkins, Bill Mcilvain, Tim Welna, Tom Carroll, Glenn Carpenter

US EEOC - Notice of Right to File a (Class) Discrimination Complaint 29CFR Part 1614 - 10/1999 [I was not removed until 03/2000]

*[I attempted to identify the additional (10) by name in a FOIA request to the BLM for the class action investigators' report. The BLM did not provide the information in its reply to the FOIA request. BLM promotes discrimination in its management directives…via MD-714 and subsequent MD's. The discrimination is disguised as "diversity" and the management directive encourages Interior/BLM's managers to find a way, emphasis on find a way, to place minority candidates.]

Some examples of my Court filings, you can find this stuff and much more on the website:

http://gferren.150m.com/blmcourt_may04.html

http://gferren.150m.com/blmcourt_jun04.html

http://gferren.150m.com/blmcourt_aug04.html

http://gferren.150m.com/ninth_appeal_04.html

http://gferren.150m.com/9th_appeal_0205.html

http://gferren.150m.com/enbanc_appeal.html

Finally, I submitted a Writ to the US Supreme Court who declined to review, taking us to early 2007.

[Writ of Certiorari to US Supreme Court...http://gferren.150m.com/woc.html]

United States Supreme Court

The US Supreme Court, where I submitted a Writ of Certiorari (sr-sh(ē-)-rer-ē, -rär-ē, -ra-rē ), a Latin word meaning "to be informed of, or to be made certain in regard to". A request for review of the 9th Circuit Court of Appeals decision regarding my appeal of the Billings Federal District Court decision. One of the basis for the WOC's being my Constitutional right to trial ((the Seventh amendment) in civil cases).

The SC reviews about 100 of 3,000 Certs submitted, mine was not reviewed. *The SC has historically avoided ruling on the 7th Amendment right to trial in civil cases though it has had many opportunities to do so.

[I contacted several attorneys over the course of these cases, but none were willing to take on the Federal government and its army of lawyers and unlimited funds. So I did what I could.
Note that I requested a Trial by Jury on my first filing in the Billings Federal District Court.
Regarding matters of procedure, I indicated to the Billings Court that I would not need to perform "discovery", that I intended to use emails, sworn EEO testimony, and BLM's own documents to present my case. Everything that I have shown you in these chapters and more were shown to these Federal Courts.]

[Both the 9th Circuit Court of Appeals and the US Supreme Court have archaic rules regarding the required number of copies of documents to be submitted…this is the 21st Century…take a lesson from Kinko's and put a digital copier in the building. One copy can then become 40 or 50 copies (that will probably never be looked at) or even better, copies can be sent electronically to anyone that needs to review the document.]

The Judges

Administrative Judge James A. Kasic, US MSPB, Denver Field Office, Lakewood CO

[I requested that Kasic be removed and a new AJ appointed after Kasic showed blatant bias in favor of the BLM and the Field Solicitor. Kasic was not removed or replaced.]

Administrative Judge Bernard Steinberg, US EEOC, Denver CO

[In October 2000 the BLM representative Field Solicitor Gavin Frost, admitted in a letter to the EEOC that the MSPB did not deal with discrimination issues and that the EEOC should move to deal with the discrimination. But the EEOC (AJ Steinberg) ignored Frost/BLM and dismissed the EEOC complaint.]

BLM Lawyer, Gavin Frost, Department of the Interior, Office of the Solicitor, Pacific Northwest Region, Billings Field Office, Field Solicitor (attorney) (406-247-7590)

[At one time I had at least (6) Federal Attorneys working on my cases. Do you wonder how much of your tax dollars were spent to prevent justice?]

Montana Federal Court Judges:

[The Judge on my Billings case, who appointed MJ Anderson over my objection]

Hon. Jack D. Shanstrom, Senior Judge 316 N. 26th Street, Room 5319, Billings, MT 59101

Hon. Charles C. Lovell, Senior Judge
Paul G. Hatfield Courthouse, 901 Front Street, Suite 3100, Helena, MT 59626

Hon. Richard W. Anderson (now retired, read more below)
Magistrate Judge, 316 N. 26th Street, Room 5405, Billings, MT 59101

U.S. Attorney William W. Mercer, Assistant US Attorney Lori Harper Suek
2929 3rd Ave N, Suite 400 (59101), P.O. Box 1478, Billings, MT 59103

[Upon occasion, FS Gavin Frost appeared to be assisting Suek.]

US Federal District Court for Montana, Billings, MT, Magistrate Judge Richard W. Anderson, 3555 RACQUET CLUB DR BILLINGS, MT 59102-1160 (Prior to his appointment as a magistrate judge, he was a partner in the law firm of Anderson & Molloy (1965-1991).)

Excerpt from Alumni Notes UoM...
"Richard W. Anderson ’60, J.D. ’62, Billings, retired after sixteen years on the bench as U.S. Magistrate. Richard presided over the high-profile Freemen cases, and more recently, the coal-bed-methane development in southeastern Montana and northern Wyoming. Richard is a past president of the Montana Trial Lawyers Association and the Yellowstone County Bar Association."

http://www.billingsgazette.net/articles/2006/12/12/news/local/25-anderson.txt

"A magistrate judge has most of the responsibilities of a federal district judge, except magistrates do not hear felony criminal cases. Magistrates preside over civil cases if all parties agree, hear misdemeanor cases, conduct preliminary hearings in felonies and process prisoner petitions from Montana State Prison inmates."

[Not so, both parties do not have to agree on a magistrate judge. I rejected Anderson and he was still appointed by Shanstrom to preside over my case in the Billings Federal Court]

MONTANA JUDICIAL DISTRICT COURT JUDGES (1999-2007)

[I also had some dealings with Montana State Judicial District Court Judges during this time frame (1999 - 2007) through some unrelated cases.]

Montana State 16th Judicial District Court:

Judge Gary L Day, HC 32 BOX 4201 MILES CITY, MT 59301-9603

[I've seen Judge Gary Day, Miles City and the Judge Joe L. Hegel, Forsyth do some really stupid things; like granting restitution judgement to a man who claimed to be paying his ranch hand $35hr (the avg. wage in MC is the minimum wage, at that time about $5hr) and by giving a blank check for restitution claims to another man who parked a 4x4 with the keys in it and a loaded rifle in the backseat next to a high school where it was taken for a joyride by two teens. The man had a $1500 windshield claim, when a call to the local auto windshield repair shop showed the windshield replacement was at most a $500 item.

The Court in Miles City could be kindly termed a "kangaroo court" and the Pine Hills Youth Correctional Facility is big business for Custer County. Outside the federal offices PHYCF is the biggest employer and best pay in the County. Some of the kids that go into Pine Hills YCF at age 14 or 15 never see their family again until they are released at 18, if they are not moved on to Deer Lodge. These kids are coming from poor families that can't afford to travel from the far reaches of Montana to visit them. When my son was in PHYCF, there were only two families visiting kids at Christmas, our family being one of the two. Judge Day does his part to keep PHYCF full.]

[If you thought you'd heard it all, you haven't…when requesting copies from the court clerk Shirley E. Faust from the Montana Fourth Judicial District Court, Missoula County in Missoula MT, I asked if they accepted payment by credit card, the reply was "yes, if you can come in to the clerk's office we can take payment by credit card". The Clerks attitude in that conversation came across as rude, defensive, and surly. IMHO as a public servant she would rate a 1 or 2 on a scale of 10. I can buy products from all over the world from home by phone or Internet and to get copies of court documents I need to drive 90 miles to use a credit card…kinda defeats the whole purpose huh. I emailed the governor and our legislator, but I never checked to see if they made any effort to improve the Courts services.]

[While dealing with the city attorney/prosecutor (Shapiro) in Boulder MT over a son's divorce and a restraining order, the son was charged with violating the RO after both he and the EX communicated via phone and met a couple of times in Helena MT to discuss their breakup. When she decided to use the RO and have him charged, after I personally discussed the matter with the city attorney/prosecutor and pointed out that the EX had also participated willingly in the RO violation, his answer to me was …"it's her restraining order and she can do whatever she wants". What happened to equal treatment under the law? Discrimination? I'd say so. When I pointed out that prosecuting the RO violation would be a waste of time and Jefferson County money his answer was …"I know, but we are budgeted for that." People like this guy just blow my mind. JP Court Judge Dennis Giulio rubber-stamped everything coming to him from Shiparo]

In Case you missed these bits of relevant information…

Regarding the "Misconduct"

Datamation, March 1, 1995, Secure UNIX for Enterprise Computing "…This is UNIX's first line of defense; all other security controls are pointless if password protection is not used properly." Article author Bob Melford, consulting IT security analyst.

Sys Admin, the journal for UNIX systems administrators, OS Security (subscription address label: Park L Richard, PO Box 36800, Billings MT 59107) Titan - A Systems Administration Approach to Security, Dan Farmer, Brad Powell, and Matt Archibald pg. 16 "…Without a good security policy that is adhered to, and a diligent and conscientious systems administrative staff that keeps abreast of the latest security news and issues, TITAN is relatively useless…Security tools, from COPS, the TCP wrappers, Crack, Tiger, SATAN, to the many commercial security tools currently available, are invaluable to keeping systems monitored and secure."

[Google the newsgroup comp.unix.aix and search for info on the wtmp, syslog files, you'll find script files for truncating these and other log files, part of normal systems administration as these files continually grow and consume space. Note that removal was based on "misconduct", initially from charges based on my web page postings, but at the direction of Admin Judge Kasic charges were modified to base my removal on the (truncation) of these log files. But no charges were ever brought against me for this action under the Computer Fraud and Abuse Act of 1986, the National Information and Infrastructure Act, or any other Computer Security Acts & Laws. What was never stated during this process was that the Interior Department was routinely being hacked by outsiders/real hackers. Most notable example is the ease of penetration during the tests involved in the Indian Trust case that showed the Interior computer systems to be Swiss cheese secure. But, if you as a BLM Computer Specialist learn and practice system security…]

When a user attempts to login, the login program (on AIX Version 4 Unix) writes entries in two files: the /etc/utmp file, which contains a record of users logged into the system and the /var/adm/wtmp file, which contains connect-time accounting records.

System Admin the Journal for UNIX systems administrators September 1999 Volume 8 Number 9 OS Security TITAN - a Systems Administration Approach to Security, Dan Farmer, Brad Powell, and Matt Archibald Conclusions (excerpt)…Security tools, from COPS, the TCP wrappers, Crack, Tiger, SATAN, to the many commercial security tools currently available, are invaluable to keeping systems monitored and secure. This is why we respectfully put forth TITAN as another freely available tool in the public security defense arsenal, and hope that it proves as valuable to you as it has for us. Dan Farmer does security research at Earthlink Networks, Inc. In past lives, he has authored or co-authored various security programs and papers, most notably the COPS and SATAN packages. He also worked for several years at Sun Microsystems with Brad and Matt… Brad Powell has been in the Computer and Network Security field for more than 10 years. As Senior Security Architect for Sun Professional Services, … Matt Archibald left Sun Microsystems, Inc. in 1992, after 5 years as a systems admin/security engineer...

Crack 5.0 with extra dictionaries Crack is a UNIX password-guessing program. It works by assuming that users use words that are familiar to them, like words in a dictionary or the name of a friend. You, as a system administrator, don't use these kind of passwords (of course not), but maybe your users do. You'd better use Crack before a hacker does! Crack V5.0 User Manual Alec Muffett 12/96

This was my email to David Swogger (charge came out "misconduct", but I was pretty much spot on with the pending attack) 10/28/99 From: Glenn Ferren Subject: IRM Security To: David Swogger *should I be charged with misuse/hacking this email will be my response. Thanks. This email is verification of my abilities re: system security on the MSO AIX network, and will serve to state that while I have certain abilities, I do not exercise those abilities and continue to follow the system administrator honor code as regards information security. < Glenn Ferren 10/28/99 > Since day one of my detail/directed reassignment to MSO, I have been able to install and run the "crack" password checking program. I can verify this. For the majority of my detail/directed reassignment tenure at MSO, I have been able to run a "root" shell. A "root" shell gives the ability to gain access to files and file systems such as /home and /tmp. I also have a valid root login account, as Vs the more limited "root" shell. This root login would allow access to any mountable file system. With a root account, systems access is limited only by individual effort to exercise the availability of system commands and file system(s) access. This e-mail acknowledges my abilities at a systems level and serves to repudiate the allegations of Janet Singer and Tim Murphy by the fact that even though I do have the abilities and tools that could be used to "hack" the MSO system, I chose not to exercise those abilities in a negative way.

[Instead of calling Singer's hand by truncating some non-essential log files, I could have destroyed the MSO /home file system for example (a snapshot still being recoverable from tape backup)…or I could have gained access to the server room and physically damaged servers and routers and firewalls, etc. for that matter. It is incredible that I could have done something so insignificant (truncate log files) and that it be portrayed as tantamount to the end of times. But when you put fools in positions where they make judgements and decisions that deal with concepts and (tech) issues that they have no more knowledge of than would the drooling sub 60 IQ class handicapped, well you see what happens. (Yes I am talking about you John Moorhouse, GF)]

Email; To: Janet E. Singer Date: 6/12/99 Subject: reply to your letter dated 6/4/1999 (administrative grievance) I feel that there will be no need for a meeting between you and I to discuss this matter. Such a meeting would be a further waste of both your time and mine. I do believe it would be proper and timely to escalate this matter and move to present my grievance to the next level of authority capable of addressing my concerns. Your review of my grievance and concerns in my opinion would be somewhat akin to asking the fox to guard the hen house. My comments in regards to the Administrative Review Team Report are available for review at http://www.mcn.net/~gferren under the Internal Affairs link. The Review Team generated a biased report consisting of misinformation and misrepresentation of the facts and a report that certainly cannot be considered a realistic and substantive basis for any actions that have since resulted. I am not hesitant to relocate, simply put, I will not relocate. I would appreciate your prompt action in moving this grievance forward to the next level of authority beyond your own. Glenn D Ferren

Declaration of Larry Hamilton 8/11/1999
I, Larry Hamilton, do upon personal knowledge hereby declare and state that:
I am employed by the Bureau of Land Management (BLM), an agency within the United States Department of the Interior; I am the State Director for the BLM Montana/Dakotas region; From October 9, 1994 to the present, I have provided second-level supervision to Janet Singer, who is employed as BLM Deputy State Director, Division of Support Services, Montana State Office; Ms. Singer has management responsibilities for every Information Resources Management (IRM) program funded by the BLM in Montana, South Dakota, and North Dakota; When Ms. Singer found it necessary to request a team review of the IRM program at BLM's Miles City Field Office, no past or present policy in the BLM Montana/Dakotas Region required her to consult with the BLM employee who was Glenn D. Ferren's immediate supervisor in Miles City; and No past or present policy in the BLM Montana/Dakotas Region prohibited Ms. Singer from circumventing Mr. Ferren's immediate supervisor in Miles City and unilaterally deciding to request a team review of the IRM program at BLM's Miles City Field Office. I declare under penalty of perjury that the foregoing statements are true and correct. Executed the 11th day of August 1999. Signed Larry Hamilton, State Director, BLM Montana/Dakotas Region

US Office of Special Counsel (OSC File No. MA-99-0709) Kristin L. Ellis Attorney, 3/23/99 "…your reports to Mr. Sandau and Ms. Prill implicate a possible violation of 5USC 2302(b)(9)…You engaged in protected activities by testifying on behalf of Ms. Edmonds during her EEO complaint process and by filing your own EEO complaint. Reprisal for engaging in these activities is a prohibited personnel practice…Nevertheless, it was not intended that this Office duplicate or bypass the procedures established in the agencies and the Equal Employment Opportunity Commission for resolving such allegations…"

[" *in 4/99 OSC bailed out and said go to the MSPB, when I went back to OSC in 2000 to ask for a stay of my "removal" I again (lucky me) wound up with this Kristin L. Ellis. The OSC once again was about as useless as teats on a boar hog. (Kristin L. Ellis Office of Special Counsel Washington D.C.)]

[I was removed from the MCFO on 12/21/1998…this is the response dtd 12/27/1999 from EEOC Denver]

US EEOC Denver District Office, Carlos R Villescas, Deputy Director
Dear Mr. Ferren: This letter is in response to your letter dated December 20, 1999 regarding the above subject (EEO complaint). The EEOC, Denver District Office, has a hearings backlog of over 700 cases. As of today, no judge has been assigned to hear your case. Our acknowledgement letter states that, "Any time after (60) calendar days following the date of this letter, the captioned matter may be scheduled for hearing, by scheduling notice sent to the parties from this office." Because of our backlog, the scheduling could take up to two years. Thank you for your patience and understanding. Sincerely, Carlos R. Villescas, Deputy Director, EEOC

In February 1999 after being moved from Miles City to Billings, I was still writing letters to the editor (MC Star and Billings Gazette) encouraging participation in the OHV planning process and referencing my web page in the letters. (Singer and Murphy were aware of my website beginning in 1998 and of the information that it contained, and it would contain more info as I posted Singer's retaliatory actions). There was another lte in 8/99 again with my personal web site address.

Top Interior and BLM officials were aware of my web site postings of the shenanigans going in Montana on or before 7/99 as I emailed several of those officials (Tom Fry, etc) and gave them both info and the web site URL.

In 1998, the BLM Employee Survey reported an 18% favorable rating for management from employees who were asked what they thought of said managers. After the 2000 survey showed a 15% favorable rating, the Employee Survey became less important and the questions less revealing.

During my time under "house arrest" (12/98 - 12/99) at MSO, I contacted Rep. Rick Hill and both Senators Baucus and Burns and supplied them with information on my situation and Singer's reprisals. And later I supplied this info to Rep. Rehberg. Nothing ever came from the efforts, except a decision to push through the (2) day suspension, after my contact with Hill generated correspondence between his office and the BLM MSO management

[Singer officially retired 3/3/2003 and an interest announcement for her position was open 2/20/03 to 2/26/03, MSO-IA-03-006, to be filled by a lower grade as a not to exceed 1year. If that person had been left alone (Diane Friez), at the end of the 1year that appointment would have qualified her with experience at the higher grade for a permanent placement. I and several others turned up the heat via our Congressmen to stop the NTE appointment of Friez. The position was then re-advertised and filled with a qualified candidate who met the positions' grade and experience requirements. But as you can see from a 2008 directory listing of Montana BLM, Diane Friez has achieved her goal and is now the Deputy State Director, Support Services. We merely succeeded in delaying the award she felt that she had earned from her allegiance to Singer, an award of position and power.]

[Excerpt from Deb Chivers notes 1/6/1999, EEO Investigator, ROI…"Ms Singer also said she had been aware of Mr. Ferren's personal opinions and involvement in the Travel Plan (OHV issue). Ms. Singer was "consulted" by Mr. Timothy Murphy, Miles City Field Manager, regarding the appropriateness and ethical legality of Mr. Ferren's participation in public meetings, and specifically about letters to the Editor Mr. Ferren wrote (circa early to mid 1998, lte's with my website URL)….Ms. Singer advised Mr. Murphy that government employees do have the privilege to express their personal views outside the workplace, within reason, …"]

EEOC testimony of Tim Murphy - "I cannot tell you why a single award was recommended or approved."

"This is just a little Peyton Place / And you're all Harper Valley hypocrites." ... "Harper Valley PTA" is a country music song written by Tom T. Hall.

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