Settlement help, please

[bill payne <billp@nmol.com>]

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




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