Senators Please help get this mess settled. Thanks bill Tuesday 6/30/98 12:03 PM Mr. Thomas J. Schlageter, Assistant Legal Counsel Advice and External Litigation Division Office of Legal Counsel 1801 L. Street, Northwest, Room 6034 Washington, D.C. 20507 Dear Mr. Schlageter: Purposes of this letter are to 1 seek administrative remedy of a release of false and defaming information on myself which violated Privacy Act. Charles Burtner and Larry Trujillo of the U.S. Equal Employment Opportunity Commission's (EEOC) Phoenix District Office unlawfully released the information. 2 Exhaust administrative remedies if we are not able to settle this matter. 3 Request information under the Freedom of Information and Privacy Acts. On June 29 I received at letter from Aletha L. Brown Inspector General U.S. Equal Employment Opportunity Commission POB 18858 Washington, D.C. 20036-8858 202-663-4375 800-849-4230 dated June 25, 1998, OIG Control Number 981770 which said This is to acknowledge receipt for your letter dated May 15, 1998, requesting Freedom of Information Act (FOIA) and Privacy Act information. I apologize for the delay in responding to your request. Your complaint regarding alleged Privacy Act violation and FOIA request was forwarded to the Office of Legal Counsel on May 27, 1998. With regards to these matters, please contact: Mr. Thomas J. Schlageter, Assistant Legal Counsel Advice and External Litigation Division Office of Legal Counsel 1801 L. Street, Northwest, Room 6034 Washington, D,C, 20507 Mr. Payne, the OIG plans no investigative action regarding this matter. Thank you for contacting this office. Sincerely [signature] Aletha L. Brown Inspector General Attachment Attachment reads U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Washington, D.C 20507 May 27, 1998 MEMORANDUM TO: Mr. Thomas J. Schlageter, Assistant Legal Counsel Advice and External Litigation Division [signature] FROM Joyce T. Willoughby, Counsel Office of the Inspector General SUBJECT: Freedom of Information Act (FOIA) Request of William Payne Attached is a Freedom of Information (FOIA) request from William Payne, which was received by the Office of the Inspector General (OIG) on May 20, 1998. In an effort to respond to this request, attached are copies of the OIG case file concerning Mr. Payne, the Inspector General Act of 1978, as amended, and excerpts from the OIG Investigative Manual and Deskbook. If you have any question concerning this memorandum or need additional information you may contact me at Extension 4397. Attachments While I hope we are able to settle the civil aspects of this unfortunate release of false and defaming information on me, I must anticipate, however, that I will have to seek judicial review. Therefore, under 5 USC 552, the Freedom of Information Act, and 5 USC 552a, the Privacy Act, I request access to copies 1 All documents describing YOUR efforts to properly investigate and settle this unlawful release of false and defaming information about me. 2 All WRITTEN documents, including phone call message notes or another notes, containing the name of William Payne, Bill Payne, etc. made between 3/18/98 and 6/30/98 by your or your staff. If all or any part of this request is denied, please cite the specific exemption(s) which you think justifies your refusal to release the information and inform me of your agency's administrative appeal procedures available to me under the law. I would appreciate your handling this request as quickly as possible, and I look forward to hearing from you within 20 working days, as the law stipulates. This letter resembles one I sent to Ms. Varygas of your office on 6/29. I append the Varyas letter to this letter for your information. Mr. Schlageter, I hope this unfortunate matter can be resolved at the administrative level at EEOC. And I ask your help. Sincerely, William H. Payne 13015 Calle de Sandias NE Albuquerque, NM 87111 505 292 7037 <- I am not reading e-mail Distribution Tom Spellman Aletha L. Brown Senate Judiciary Committee http://www.senate.gov/committee/judiciary.html Republicans Orrin G. Hatch, Utah, Chairman senator_hatch@Hatch.senate.gov Strom Thurmond, South Carolina senator@thurmond.senate.gov Charles E. Grassley, Iowa chuck_grassley@grassley.senate.gov Arlen Specter, Pennsylvania senator_specter@specter.senate.gov Fred Thompson, Tennessee senator_thompson@thompson.senate.gov Jon Kyl, Arizona info@kyl.senate.gov Mike DeWine, Ohio senator_dewine@dewine.senate.gov John Ashcroft, Missouri john_ashcroft@ashcroft.senate.gov Spencer Abraham, Michigan michigan@abraham.senate.gov Jeff Sessions, Alabama Democrats Patrick J. Leahy, Vermont senator_leahy@leahy.senate.gov Edward M. Kennedy, Massachusetts senator@kennedy.senate.gov Joseph R.Biden, Jr., Delaware senator@biden.senate.gov Herb Kohl, Wisconsin senator_kohl@kohl.senate.gov Dianne Feinstein, California senator@feinstein.senate.gov Russell D. Feingold, Wisconsin russell_feingold@feingold.senate.gov Richard Durbin, Illinois dick@durbin.senate.gov Robert Torricelli, New Jersey senator@torricelli.senate.gov /\/\/\ append ----- Monday 6/29/98 11:59 AM Ms. Ellen J. Varygas, Legal Counsel Office of Legal Counsel 1801 L. Street, Northwest, Room 6002 Washington, DC 20507 (202) 663-4637 Dear Ms. Varygas: Purposes of this letter are to 1 seek administrative remedy of a release of false and defaming information on myself which violated Privacy Act. Charles Burtner and Larry Trujillo of the U.S. Equal Employment Opportunity Commission's (EEOC) Phoenix District Office unlawfully released the information. 2 Exhaust administrative remedies if we are not able to settle this matter. 3 Request information under the Freedom of Information and Privacy Acts. Aletha L. Brown Inspector General U.S. Equal Employment Opportunity Commission POB 18858 Washington, D.C. 20036-8858 202-663-4375 800-849-4230 wrote me on May 7 1998 The Office of Inspector General (OIG) is empowered to investigate matters of fraud, waste and abuse which may be attendant to EEOC programs and operations. We do not have programmatic responsibilities and are not involved in the administration and resolution of Privacy Act violations. Based upon our review of the information provided, we have determined that this matter, although important, is outside of OIG's purview and therefore does not warrant any investigative action by this office. In regards to this issue contact: Ms. Ellen J. Varygas, Legal Counsel Office of Legal Counsel 1801 L. Street, Northwest, Room 6002 Washington, DC 20507 (202) 663-4637 Mr. Payne, I hope this information is helpful to you but regret that I can not provide the remedy you seek. Thank you for contacting the Office of the Inspector General. Sincerely, Aletha L. Brown Inspector General June 16, 1998 A Jacy Thurmond, Jr, Assistant Legal Counsel/FOIA sent me some information I requested on possible administrative remedy of the matter under a FOIA/PA request. My request was mailed Friday 5/15/98. While I hope we are able to settle the civil aspects of this unfortunate release of false and defaming information on me, I must anticipate, however, that I will have to seek judicial review. Therefore, under 5 USC 552, the Freedom of Information Act, and 5 USC 552a, the Privacy Act, I request access to copies 1 All documents describing YOUR efforts to properly investigate and settle this unlawful release of false and defaming information about me. 2 All WRITTEN documents, including phone call message notes or another notes, containing the name of William Payne, Bill Payne, etc. made between 3/18/98 and 6/29/98 by your or your staff. If all or any part of this request is denied, please cite the specific exemption(s) which you think justifies your refusal to release the information and inform me of your agency's administrative appeal procedures available to me under the law. I would appreciate your handling this request as quickly as possible, and I look forward to hearing from you within 20 working days, as the law stipulates. Details of the release of information can be found on Internet starting most recently with Payne v. NSA: US on Classified NSA Declaration June 27, 1998 Payne v. NSA: US Motion on FOIA for NSA Algos June 27, 1998 at http://www.jya.com/usa062698.htm Ms Varygas, I hope this unfortunate matter can be resolved at the administrative level at EEOC. And I ask your help. Sincerely, William H. Payne 13015 Calle de Sandias NE Albuquerque, NM 87111 505 292 7037 <- I am not reading e-mail Distribution Tom Spellman Aletha L. Brown Senate Judiciary Committee http://www.senate.gov/committee/judiciary.html Republicans Orrin G. Hatch, Utah, Chairman senator_hatch@Hatch.senate.gov Strom Thurmond, South Carolina senator@thurmond.senate.gov Charles E. Grassley, Iowa chuck_grassley@grassley.senate.gov Arlen Specter, Pennsylvania senator_specter@specter.senate.gov Fred Thompson, Tennessee senator_thompson@thompson.senate.gov Jon Kyl, Arizona info@kyl.senate.gov Mike DeWine, Ohio senator_dewine@dewine.senate.gov John Ashcroft, Missouri john_ashcroft@ashcroft.senate.gov Spencer Abraham, Michigan michigan@abraham.senate.gov Jeff Sessions, Alabama Democrats Patrick J. Leahy, Vermont senator_leahy@leahy.senate.gov Edward M. Kennedy, Massachusetts senator@kennedy.senate.gov Joseph R.Biden, Jr., Delaware senator@biden.senate.gov Herb Kohl, Wisconsin senator_kohl@kohl.senate.gov Dianne Feinstein, California senator@feinstein.senate.gov Russell D. Feingold, Wisconsin russell_feingold@feingold.senate.gov Richard Durbin, Illinois dick@durbin.senate.gov Robert Torricelli, New Jersey senator@torricelli.senate.gov 6