# Appendix — Schmitt v. Merit Systems Protection Board (No. 06-1690) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386008_1107%3A2 ## Record - **Collection:** Supreme Court brief - **Document type:** Appendix - **Published:** January 1, 2007 ## Text S$ of C re (Court U.S. 061690 DEC 1 4 2000 2006-3287QOFFICE OF THE cule IN THE Supreme Court of the United States HARRY M. SCHMITT, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent and DEPARTMENT OF THE NAVY, Intervenor. On Petition for Writ of Certiorari to the United States Court of Appeals for the Federal Circuit PETITION FOR WRIT OF CERTIORARI Harry M. Schmitt 7211 Captain Kidd Avenue Sarasota, FL 34231-4718 (941) 923-2253 Volume I — APPENDIX a SS: =—=—_— INDEX TO THE APPENDIX VOLUME II Item Notice of Right to File a Discrimination Complaint (July 17, ee Request for PSAB (NO9N2) — Changes (August 13, an Navy Director of EEO Officer’s Reply Letter (January 5, 2005) Navy Director of EEO Officer’s False Sworn Statement (April 7, 2005) Navy Headquarter’s Privacy Act Request Letter (February 3, 2004) USA Federal Labor Relations Authority ULP Charge Against Agency (July 25, 2006) Navy Attorney’s Request for DON CAF Records by Harry M. Schmitt Letter (March 2, 2004) Navy Deputy Director of EEO Officer’s Reply Letter (July 8, 2005) Equal Employment Opportunity Commission Office of Federal Operation’s Letter (March 22, 2005) Doctor Mark H. Brus Workmans’ Compensation Letter (September 18, 2001) i 3 ~ le) 18 19 20 21 22 24 INDEX TO THE APPENDIX (CONT'D) Item Page Mr. Harry Michael Schmitt’s Sexual Harassment, Intimidation and Retaliation Complaint Letter (September 19, 2001) 34 Ms. Linda K. Erickson, L.C.S.W.’s Workmans’ Compensation Letters (August 10, & 28, 2001) 39 NOTU Command Managed Equal Opportunity Officer’s Zero Sexual Harassment Policy E-Mail (December 5, 2001) a NOTU Change to Appointment with the SSP Inspector General’s E-Mail (October 25, 2001) 46 EEO Counselor’s Notice of Final Interview Letter (January 8, 2002) 52 NOTU’s Investigation into the Improper Use of Government Equipment (February 27, 2002) 54 Mr. Harry M. Schmitt’s U.S. Department of Labor Answer Letter (January 11, 2002) 66 NOTU’s Notice of Acknowledgment for Investigation of Claims of Discrimination (June 3, 2002) 68 Mr. Harry M. Schmitt’s Reasonable Accommodation Letter to NOTU’s CO (May 20, 2002) 71 BEST AVAILABLE COPY eo C: DEPARTMENT OF THE NAVY Naval Air Warfare Center Training Systems Division 12350 Research Parkway . Orlando Florida 32826-3224 12713. TSD734. 17 Jul 02 From: Raelene Hamptoa, EEO Counselor To:. Mr. Archibald J. Thomas M1, Attormey at Law, —, Tower Suite-1640, Jacksonville, FL, 32207 - Subj: NOTICE OF RIGHT TO FILE A DISCRIMINATION COMPLAINT - Enel: (1) Complaint Form (OCPM 12713/2) _ 1, Thisis to infor you a that Because the dispute your client Mr: Harry M.:Schmitt, has brought: to my attention has not been resqlved, you'are now entitled to, as Mr. Schmitt’s representative,, file an individual discrimination complaint based on race, color, religion, sex, national origin, physical or mental disability; age, and/or reprisal.. Your client alleged discrimination based on reprisal (prist EEO involvement) when the following occurred: , a. The Cape Canaveral Air Force Station Police falsified a police nae to NOTU ea Officer, Captain William H. Borger: .. Mi, Robert Blankenship of Leading Edge Employee Assistance Program Inc., failed to : notifies via letter of an appointment with Dr. Permesly, thereby not giving the complainant: ° an opportunity to yuanely seek counseling on his own, resdeting to the disbarment. 6 Cooperation with the Inspector General, Captain Bvangelist. ' 2.-Ifyou file a compiaint, it.must be in writing, signed, and filed within fifteen (15) calendar days after réceipt of this notice, with any of the ne officials authorized to receive . discrimination complaints: . William H. Borger, CAPT, USN ‘Commanding Officer | Naval Ordnance Test Unit P.O. Box 1623 - . Cape Canaveral, Florida 32920-1623 | C. | 1 = "Subj: NOTICE OF RIGHT TO FILE A DISCRIMINATION COMPLAINT Milagros Vazquez, Deputy EEO Officer Naval Air Warfare Center Training Systems Division 12350 Research Parkway Orlando, FL 32826-3275 © The Secretary of the Navy Washington, DC, 20350-1000 3. A complaint shall be deemed timely if it is received or postmarked before the expiration of _ the 15-day filing period, or in the absence of a legible postmark, if it is received by mail within . five days of the expiration of the filing period. = 4. Ifyou file your complaint with one of the officials listed above (other than the EEO Officer), +t will bé sent to the activity EEO Officer for processing. Therefore; if you choose to file your complaint with any of the other officials listed above, be suré to provide a copy of your complaint to the Deputy BEO Officer, Milagros Vazquez, to ensure prompt processing of your complaint. , ach” ; 5. The.complaint must be specific and contain only those issues either specifically discussed with me or issues that are like or related to the issues that you discusstd with me. It must also state whether you have filed'a grievance under @ negotiated grievance procedure or an appeal to the Merit Systems Protection Board on the same claims. - RS Soe eye 6. If you file a complaint, you should name the Honorable Gordon R. England, Secretary of the Navy-as the person against whom you are filing your complaint. SIE ei ca ae 2 ifyou have any questions please contact the undersigned. at (407) 381-8946. Perr ae RARLENB HAMPTON — EEO Counselor Copy to: Mike Schmitt, Complainant Louise Vitale, Counsel ©. _ PA-2 | oO ~ “Notice of Intent ete a PART I . From: Mr. ‘Harry Michael Schmitt, ‘SSN: 265-35-4432 I ‘received a ‘Letter of otification of ene erere ae from DON CAF dated ‘ Gcaeaeeank east oe elect ‘to: } ¥ submit a , written appeal, éteeathy ¢ to the. PSAB. = sorsenallic- appear before a DOHA Administrative Judge who will, in turn, sieiaienneees a A eenemarammner to the PSAB. PART it The following infersation ts provided . so-.that I can be contacted | by the. PSAB (Ox _DOHA:* : a. Detiy: Aaaeene? - ee : b. ‘paytime Phone: a -- ~ —- - Commercial: a pou ° Be Pee ‘4 ° . . FAX: c, Lot Addzess? ea 2 _ Gd. Home Phone: (41) 923-2253 " 1d Captiin ladda amare t cca Fleeida 34231~ FUG ° ‘Be E-Mail Address: Office:. — ————— _ Home: (Optional) “ f. My Security, Manager, §SO, ox Designated. Point of ‘Contact. is: Phones: (321)453-/270 - ‘Name: Eosigs Vaughn” ___-- - Commercial: Rpaik: >. DSN: - are a : . Fax* . PART ‘IIE. : To appeal directly to the PSAB, send this antdint washes 10 calendar days from ‘¥eceipt of the: Letter of Denial /Revocation tor. President, PSAB, - Chief of Naval Operations (NO9N2) , ‘ ; Capagyenns of the my. Washington mire Yard, DC, 20388- ~5381 To request a design appearances before a DOHA Adninistrative Judge,. send this notice within 10 celendar oup from receipt of the Letter of Denial/Revocation to: . Director; Department of the Navy, Gentral- Adjudication Bacility, 716 Sicard Street SE Suite 2000, Washington Navy ‘Yard, oe 20388-5389 26 J lene, 2003 Date * leet ; - Enclosure (1} | DEPARTMENT OF THE NAVY NAVAL ORONANGE. TEST UNIT CAPE a FLORIDA 32920-1623 5520" a ol : . SPP01/U081203002000 Mr. Harry Me Schmitt 13. AUG 2003 7211 Captain Kidd Ave. Sarasota, PL 34231-4718 Dear Mr. Schmitt, Subj: REQUEST POR APPEAL CHANGES _ Per telephone conversation between Mr. Michael Anderson, Assistant Security Manager,- Naval Ordnance Test. Unit, and Ms. Paula Gage, Executive Director, Pérsonnel Security Appeals Board (PSAB), your request .to change your personal appearance before - an Administrative Judge to a written appeal to the PSAB has been . approved. _— Your request for a.90° day extension is not approved, but you are granted a 60 day’ extension. . Your written appeal must be _gubthitted by 14 October 2003. . Submit your written sagen, directly to: ; - President; PSAB . Chief of Naval ‘Operations -pamoeede Department of the Navy Washington Navy ‘Yard, DC 20386- 5381 By direction Copy to: Mr. Archibald Thomas III Weer Suite 1640 Riverplace Tower 1301 Riverplace’Boulevard _ Jacksonville; PL 32207 i oe in... O DEPARTMENT OF THE NAVY ‘OF FICE OF CIVILIAN HUMAN RESOURCES” ~ _ 614 SICARO STREET CE SUZTE-100 WASHINGTON NAVY YARD CC 20374-8072 Mr. Harry i. Schmitt 07-2005 13:44 F COs-RATICISO ( 2am [ * gut aeneues of, ess ter ew . ~ . *. oe a ; 'L, Milagros Vazquez, state the following: J am the Deputy Bqual Employment Opportunity Officer for the Naval Ordnance Test Unit (NOTU), Cape Canaveral, Florida. I'am responsible for processing Equal = _Broployment Opportunity {EEO) complaints filed by employees cmployed by NOTU. Mr. Schmitt filed-wo BEO complaints with my office regarding various allegations - involving his employment with NOTU. My office was responsible for processing Ms. Schmitt's complaints and I am the point of contact. : ant . Complainants.are responsible for notifying me if they move or if there is a change of status in their complaint(s). Mr. Schmitt made numerous contacts with this office. ~ Accordingly, he knew thet he was to address concerns regarding the processing of his EEO complaints to my office. Mr. Schmitt did not notify this office of any change of addsess during the processing of his discrimihation complaints’ or shortly after the - términation of his cornplaints in early 2004, when Setdiement was reached. * " [ declare under penalty of perjury that the above staternent is true and accurate to the best of my knowledge. . ; ae ane © € i ‘er Number: 062048368 :. PROTERM-D-PT U.S, DEPARTMENT OF LABOR : 2 see 5 > -* : - EMPLOYMENT STANDARDS ADMINISTRATION OFFICE OF WORKERS’ COMPENSATION PROGRAMS, PO BOX 8300 DISTRICT 6 . . LONDON KY 40742-8300 Phone: (904) 357-4777 ” November 24, 2003 ea | F Saaeha_ nena IIE ” Date of Injury. 12/15/2000 Employee: Harry Schmitt HARRY M. SCHMITT ’.7211 CAPTAIN KIDD AVE _ SARASOTA, FL 34231 Dear Mr. Schmitt: NOTICE OF PROPOSED TERMINATION, Under the provistons of the Federal Emp‘oyees’ Compensation Act (5 U.S.C: 8101 et seq. ) and- the program's regulations (20 C.F.A. 10.1 et seq,), we propose to tarminate your compensation for wage lass for this claim: The basis for this finding is found In the enclosed Notice of ‘Proposed Decision. The medical basis for the proposed termination is a’medical report dated ~ September 30, 2003, from Dr. Permesty. We discussed in detail the findings of the report in the attached Notice of Decision. If you wish to review the actual report, please contact Dr. ° .Permesly.. As your attending physician he is Ld best position to decide whether It is appropriate for you to Have a copy of it. . if you disagree with this proposed action, you must submit additlonal evidence or argument, i in _ writing, to this office within 30 days of the date of this letter. We will not terminate your benefils during this 30-day pan ‘after which We will take further action based upon the ones in . your fite. Please note that this acai decision would not terminate your medical benefi ts, which will - remain open only. if treatment Is still needed for your accepted condition. : 2s Endosures: Nolice of Proposed Terrrination - NAVAL AIR WARFARE CENTER TANG - "SYSTEMS DIVISION GODE 7311 RO Specialrt's Cot, 42850 RESEARCH PKY 's EEO Specialists - ORLANDO, FL 32826 — , Milagros Vaeguee’s f s Redlene game PA-7 U.S. Department of oe ie Employment Standards Administration & ; Office of Worker's ‘Compensation Programs Distant of Federal Employee's amppeinn PO Box 8300 District 4 London, KY 40742-8300 a . August 28, 2003 ~ °(904) 357-4777 CA935-FO-CA935. File Number: 062048358 Date of Injury: 12/15/2000 et Employee: HARRY: SCHMITT HARRY SCHMITT : 650 DIXON BLVD APT 228 “COCOA, FL’ 32922 " Dear Mr. HARRY SCHMITT ; “This is a request for: certain information concerning any wages you soa ‘have earned during the period 01/02/2000 to 01/01/2003. : Therefore, please do the following: 1. Review the information that is viecamieaal on. Form $SA~581: enclosed. Correct any pre-printed information by drawing a line ‘through the incorrect ‘information: and writing the correct information above it. : aS “Add any ether last name ‘ever used by you or the deceased (it applicable) on the appropriate line on both ¢opies of the form. : ; 3. Sign and date the. form. | Captain Adgelika Evangelisty Second Inspector Gentralassignad to javest gate. : impreper use of Go vern ment Fg ul lpmenten Fthrwar. AZ, 2002 at Cape Cinaverat Air Force Hattin, Flerida. Pecsens lavelved Captain Willig 4. Borger usn, | “ . COR Hews fi (titer, USN, CDR George B, Mac Ewen, us i op fs eg | See Stevens; USA pal an B, Jones, Nora's Ethics Hhcer, aad” Taiyce k Hert] Thinley j b} Revoked ny Se curity Clearance Por ceoperating with Ms.B ernite S. i , “| | Department et Derease Lavestig ater. (wore Affidartt and 08clarertion 48 fh, ¥03) c)-L haol alreaely previous ly cooperated filly with Naval Ordaacee Test Unit's |. . first Las pecteor General, Cagtain Thomas, USN, on November 6;. 2004 at "+ Cape Canevere / Air fares Staten, Florida ty the Naval Ordnance Test Unit's + Command Mastin Chief's afFice, £18 Building across street Przin Naval Cin), [+ Test Units Heaelguartens Buildingat Cupe Canaveral Ale Fyive Stictien Flactaa.. ay Navy Attorney, Ms, Louise Vitule , SPle-12,, coerce atalse Swom stuferment atet a 7 as, Mi lugres Vasquez, . | Eg vel Emplaymet OFF cer, at Naval Ale bhirfare | : Center, Tralaiag Systems IVA Slon , Arlanda , Flaricde gn April-7, 2005, i dey e J 7- Have you or anyone else raised this matter in any She: procedure? Ke Yes - Wfyes, where? [see overnel EEOC OPO ARPA DBC j 8: | QECLARE.THAT ! HAVE READ THIS.CHARGE AND THAT THE STATEMENTS IN IT ARE TRUE TO THE BEST OF MY KNOWLEDGE AND ‘| BELIEF, | UNDERSTAND THAT MAXING WILLFULLY FALSE STATEMENTS CAN BE PUNISHED GY FINE ANO IMPRISONMENT, {8 U.S.C. | 2004. Tits CHARGE WAS SERVED ON THE PERSON IDENTIFIED IN BOX 83 BY {check "x box GJ Fax (_] tstctass Mad [J] inPerson ded - . 22 Tulyr0a5. |. Sunday, January 23, 2000 11:04AM lgneal spp 394, ¢ ages ana aeeaennaol To: ‘spp331@aol.com’; Daniel Jadoonath; Jack Janes, 4 Sch - Nancy ‘Blount Keyser, Walt ree . Smith?Mark Stevens; Richard Williamson *: PAW39 Weary, Takes dienitt ey ee! ch te atk (821) P53- O6U We Schmitt, Mike From: ' Jones, B. Ann’ SOS he he Sent: - -Wednesday, September 19, 2001 11:36 AM - — > . SPPALLCIVILIANS | Co: . . + “Windsor, Kim CWO2; Borger, William Cept Subject’ ..: =" NEWEBO OFFICER yaar eas Importance: ~~ High: ae TO ALL FROM HRO, ORLANDO; - *. Officer (D |.am pleased to annourice-that Millie Vasquez has been selected as the Deputy Equal Employment Opportunity, ~ EEO) for NAWCTSD and sérviced organizations. Millte wilt re otto duty on 2480p 01. Ms. Vasquex Is currenty a Humen Resources Director st Roosevelt Roads In Puerto Rico and ensivoexperience In the. . EEO field. Her office js Room 4101A and Hor phone number Is x8946. ¥ if , i ‘ maton pr valle Pet, gest Due to-the.recent departure of Miléred Fernandez, EEO Specialist, we have established an in rim process for: _ * obtaintrig’an EEO counselor. Ms. Regina Ouncan;-HRO, wilt serve asthe point of Contact.. If. you wish to obtain an EEO counselor, please submit an email to Ms, Duncan, requesting assignment of a‘counselor from NAVAIR, A . procediire Is being sot up, In coordination with NAVAIR, for reocipt of immediate EEO counseling services; This | ‘Deeses will be in plece until the recruitment of this Important position isfinalized, . - — ee . - you. have any.questions, please feel free to contact me on x8114, Sally A. Wagner DirectorHRO... Cc EE Sy tec 12350 Research Parkway Orlando, FL 3226-3 S. * Phono: (407) 380-8144 DSN 960-0114 * MHyou noed additlonal assistance, please contatt me or Jerome Davis at'3-1294, | ANN JONES . 8PP701 DSN: 467-1208 «st. : COMM; 321-853-1205 RAT ; cena OF THE NAVY COMMANDING OFFICER att lial ‘ NAVOROTESTU. saat - POBOX1623 CAPE CANAVERAL FL 32920-1623 Hf TAT Be "Ya if Urgent ; yf For Review - QO Please Commont ao Please ell Oo Please Recycle 5 # Comments: ; : Attn: E/Mss: 5 ” 7 ya need te request a NEW fang 4 | PLN: Myi $A imihis ds ashe : Name. Hare Michael Sehart Siz naturel Ave, Behaito es SSNs IbS-3- +482 _ Gov't Ridges Cede: ¥. 212 Wark PAM? (324) 453-0694 Weck FAK #; (924) £53-3675 zs THAN k You tor your Hina, ath ention eat assighaee J da this regecit: boon NEW Temporary PIN, Have a. NICE DAVIL! “NAME: HARRY: MICHAEL ScHmrrr SIN? 7 6 5-35-4432. M supervisor asked me +0 werk with Ms. Anin B. Tones on- my electronic have oo ° f : statement and u$. Savings bond applications, During werk whth a os rade these applications ,Z ws keal Ms. Tanet how hte Yaree was treating her. and she respen if back ie ma that + if ware 4 olng te tire her and that the woald ead op Ina a Wal Mart for my port! ny sepals Paracgeaply’ to hee, fas yb ity Cat ee mri PA-38 Unda erfekse M, es at C | 7730 Bahle Vieta Suite 108 me = Sarnsots, FL 34239 * Phony MI-O§T-1500- Fax 941-952-9400 ‘August 10, 2001 Mr. Robert Blankaship ' ) does not 80 fo me, it goes tg Spp21@ssp. navy. mil): [ would also, like to remind "alt hat 1DO NOT want to receive non work 1 ial via emai th Sent, the coniplainant ‘felt that Mr. Dicht had just informed everyone ‘that it was he who’ had tucned.in the Pomographic email becatise employees in their department could look back in the records and see whe had that email’ account prior to the reorganization in April 2000 when . everyone Was Given new email addresses; ; * “%s , ~ ‘1S. INFORMAL RESOLUTION EFFORTS: ° - -Of this'situation by-ca-workers in the workplace, were met except for number 5, not to Work for “his supervisor, “The complainant Said that he would accept a public apology from his supervisor,. | -mnade to everyone attachied to NOTU for all the Problems he suffered to resolve the claim, Mr * Dichi agreed to apologize for anything he may have iad a part in, but he didn’t feel he had a part’ [i nv ail thatthe complainant was alleging.. Therefore, no Tesolution was reached’ sae . ; My Supervisor care. tame; uh} apead Yh ati sede fe me, whted X-weuld have necest Lhe began “ex plainiag toma why jew. 1 récelvlag ga4ng foe Me; Terrell W, Aol aid atherr, Hesaid. gt Felme Wife ehachod ek Lege! vs ons aol there on hecho s Campton long bets, ). . Enclosure (1) is provided for your use should you choose to file a complaint under.reference (a). 6. Ifyou retain an attomey or any other person to represent you, you or your representative must immediately notify the EEO Officer in writing. You will receive a written notice of receipt - of your discrimination complaint from the appropriate agency officiel. - - Neg . 7; Should-you have eny questions, please contact'me at DSN 342-6870 vr comtnercial (301) - ’ ; ' (ae : . ) Ad -, WY, ddhat equal’. Blise M. White” ‘ , ; EEO Counselor 2 PA-~S3 ‘Schmitt, Mike From: Evangelist, Angelika CAPT * Sent: ; Wednesday, February 27,2002 4:23PM - Ta: . Borger, Wiliam CAPT; MacEwen, George CDR; Stevens, Mark LCOR Ce: é Carter, Christopher LGDR- Subfoct: : Investigation. Into ‘othe eit ad Use of Goverment’ ee i have bee been quae as — Officer into the investigation of the = of Improper us use of government equipment This 2 to font each of you that | will = conducting Interviews pursuaiit to the iavostigaions. [ will contact you to set up appointme peg this pee ceson't £0 with Mt, Dele To Foster, $P-046, Sp aspect Coordinate and was ondered the. SSP La sp ector General's Coordlagter h fully coe mits her eren- though Xhad already coop cnahec! with NoTuls Daspector General, Z niche Thon ag an 6N . 2t Ths = aaah’ bapa as rope of! hen — ae without nm op hawnledj pune © ; PALstt | e) : - Schmitt, Mike i Cy Ler sat Ty 3 From: , ~ Diehi,LloydP . Sent: ‘ Wednesday, June 20, 2001 4:22 PM" : A To: a .. Nunotani, Anita; Armsirong, Bruce; ‘ARNNEWELL@aol.com': ‘BallcoachS@aoi.com'’: 23 bys « acl.com'; ‘Barker, Bill; Fisher, Bod; ‘brahner@cil.rr.com'; ‘Callahan, Shannon ; (ORLY; aligren, Kenneth J ; Jadoonath; Oanlel; ‘darlens’“Dariene Muldoon’: : darlenecraze@netzero.net’; ‘Dave & Sharon’; Aubry, David: Cherepon, Qavid C; Houses, ’ David A.;"O0ieh!1009@aol.com’; Kohi, Dick; Feeser, Donald C ; Mu Don; ‘Dufresne, Anna’; Wilson, E.Jo-Ann; Eberle, Robert Oswaid ; Hu rphy,-Oonald M; Powell, ludson, Elwood E : Evigebretsen, ScoltL ; Eploharyi@es. com’; Ewan, LarryP ; Fauiconer, Richard C ; Fawna’: Filzgerald, Michael K ; Francis, las F ; Beck, Fred; Trenker, Gary C; Wiliams; oo! B; ‘itlam -Gidson, Dudley ; Ginn, Robert Scot; Haltrup, Jason C : 'Heldi'; Hil, Cliflon G ; Hyalt,” E ;. Jones, Jat; Brooks, James P; Burmelt, James 0.; Ferraro, Janet; Woodward. Janet; JBISMANTO@aol.com'’; Kitchmer, Jeffray. A.; Petharn; Jeffrey L ; ‘Jennie Shye'; Jenneman, Robert T.; ‘Jennifer Gash’; jim swingle’; Kuschnieryk, John; LeGrande, John R + Mansoll, _ Joba; ‘John V"; Walfer, John MICS; Heri, Joyce: Halt, Judith A; JusMeGC@aclcom": - . ' O'Donnell, Ken MTC; Hermosillo, Kevin; ‘KimmyG0628@sol.com’: Kling, Oavid L ; Kraft; ‘George ; Krays, Robert J | Nimori, Loyd; Manring: Jesse Harrison ; Mar, Lelarid : * “Margdiehi@acl.com’, Bahia, Maria; Gotcher, Mark L ; Slevens, Mark LCOR: a eee ‘markfraz@bellsouth net’; Martin, Roberta M ; Malonchi; Mike; Vacant, SP1211; Schinitt, Miko:” Miller, Robert A ; ‘mshrader@searay.coms Blourit-Keyser, Nancy A; 'Pam@home': Peele . Jeffery Wiliam ; ‘Peggy’; ‘Peggy (Home)'; Gailion, Peggy S.;Pelranin, Julian; 9) +; Rhsconsuking@msn.com’; Williamson, Richard E.; ‘ted (irsa)’; Kirkland, RobertA: | ‘RobWCOCOA@~aol.com’; Roth, Edward W ; Singer, — Edwa tc; ‘Sharon Ganter’; Sree ee eee am hatlen’: La : ecsloel Joseah ; Jones,-6. Ann; Walt Smith; Frank J Quintero; Sidney & Beck; Thomas Richardson; Wayne. ; : ; : Leach Supaeviser't ussecintes.jacludiay Bavid c. Cherepea, Rebect Osweld Eberle, Subject: im email: . . male ". Kevia Hermosi}le ant Reb Wilson ako, e _ _ Rob WCOCOAG del, com Just a ceminder. \v'y old email address (si NOT use that address for future corespondence. My address Is .| OO NOT want to receive non werk related malerial-via email: Thank you for your time, Lidyd Olehi 2.navy_mil) does not ga lo miz,.it goes ta someone else, PleaseDO . seazi@ssa navy mil. | would also; like lo remind ail that aS breke my ‘Supsaviven's privacy right wad my contteleatialit : right since eve dedy : Knew Hat m Me. Ano 8, wh PA-BS Super yitoc had assigned mehis.ofd E-mail address by previeas E-mail, er totd me that my Supteyisor would be told hy the Xo ty via the feleohone or fa Gare Rot te Strof 4len penny Perasgeuphy af te protect my confidentiality and my supervisor's el ght te privacy, telf 4i £ asseciayes wark, In orden a -* Schmitt, Mike From: Hermosillo, Kevin Sent: a: ea Wednesday, December 1 2, 2001 12:08 PM - To:. a, tan’; Schmitl, Mike; ‘ Noydy’, 'Iniguez, Ruben’; ‘Janet2eman@aol.com’; ‘Sickenger, Kristina’; ‘Woody * . ° - o ig . Subject: ; FW: The Golfing Nun .----Original Message-—-- ; From: Torgerson, Bob . _ Sent: Wednesday, December 42, 2001 9:01 AM To: Hermosillo, Kevin Subject: FW: The Golfing Nun tc ----Original Message—-— ot From: artnelson@juno.com [malito:arinelson@Juno.com) : ’ Sent: Saturday, December 08, 2001 9:46PM - . To: dentalmac@earthlink.net; edwulet@yahoo.com; Miles331@peoptepc.com Subject: The Golfing Nun e . Anun Is silling with her Molher Superior chatting and decides tomeke a” confession. ne . over 280 yards, bul it struck a phono'line that was hanging over the - > ell siralght.down to the ground:after going ony about 100 . wae 8s See : ; ves . “ls that whenyou swore?” *No, Mother,” says.the nun. "After that, a squirrel ran out of the bushes and grabbed my ball In its mouth'and began lo runaway.” , “ls THAT when you swore?” asks the Mother Superior again: ~ "Well, io." says the nun. “You see, as the squirrel was running, an eaglo = —_ out of the sky, grabbed the squirrel In ‘his talons and began to y away!" a oh "is THAT when you swore?” asks the amazed elder nun, *No, not yet. As the eagie carried the squirrel away in Its claws, it - flew near ihe green, end the equirel dropped my ball." . “Did you swear THEN?" asks Mother Superlor, now becoming somewhat’ impatient. ‘ Pius : Ma not ther. .. because the bull fe'l on a big rock, bounced over the send trap, : roted.onto the green, and stopped about six Inches from the hole. * ‘The two nuns are silent for a moment. Finally, Mother Superior sighs, and now with a look of dismayed . Pm gre in her eyes says disgusledly, “You missed the fucking putt, you? Ze proper oAfjee E-Matl Sclimitt: Mike | Co From: Sent: To: Ce: : Subject: Im portance: FYI “Very Respecttully, Mike Schmitt. SE Electicat Engineer, ———— inal Message — _ From - Deh, Sent: To: i Stevens Subjoct: - Pelranin, Julian ; Hurle High: Schmitt, Mike. ° ; Friday; May 12, 2000 2: ‘si PM loodrow Je Su we, Masaru ; Ti W; Petersen, Thomas 9 . Leeeeest Gary; Lightcap, Michael Schmitt, Mike é FW: New SPP 20 Codes P. ‘ . . panna he ron: 2000 8:01 ant : ith, Walt; Quinn, Whilam MTCS; Leach, ‘Wayne are; Can’el Jadeonath; Jack dyrens' Miko Schmitt; ome Blount-Keyser; Mark FW: new SPP codes : fyt = -—Original Message---- From: Breaux, Mike Sent:. Te: Diehf, Lloyd P - men cont ee April 25, 2000 5 34 PM Ce: bject: MelaniesG; Jennéman, Robert T; Rude, Rober O ; ee “1% ie . Subje FW: new SPP codes The following SPP codes havé been undoie® to the new codes in the TFR system effective 4 ‘thee * assignments have been changed to reflect the new codes. * . ‘ * : : . r tor at Mer, Bor A Hunan Anta arr, Wa ies Mm . 9 os H fe) an: Su Bonnie; Campbel, Bnvce; Cha! addock, bas ‘ , Charles: Stone. es Baw Pringle, Darian L; Cherepon: ica rte Pad A: Koly Dick Fetsse Corals. sbreteek Scott; Fitegora'd;’ Michael: Cidson, Gary; Gina, Robert; Hamamoto, Rona'd: Hudson ease: Crone: James p: Ferraro, Janet; Jeaneman, Sob; Mocar Jeny; Cun _' dames; McLaughlin, Mary; King, David, jsrook Linn: Widebrandt, Kris; Krygier, St hen: Vetta, Lovin ii owe Marlees: Marti - Roberts; Mckee, Billy, So ©, Michael, Plus ‘Garret: ‘Nelsen Rich; York, Randy; Anderson, Richard: Beva ; —* Sal; Sferrazza, sme leberg, Sher; tom ha rts ‘om=Tom Pelersen on Ye-sreky: ; Roger: Schwab, daiore Subject: new SPP codas ; ss ol tart: sateciobs snafu Teecell Adloms; David C Cherepon vad ebe F Eberle and With 4) Effective | 1? April 2000, the folowing see codes wil change, Donald Fopser te. ono Barker cad NAME OLD CODE” NER: CODE. After this E-Mail ‘Stevens, Mark L LCDR: $eP309° SPP20 my $H ee, ttl ma cabot by Diehk, Lloyd SPP33° SPP21 oo oper notreceive Jédoonath, Daniel ~ SPP335 SeP2i1. ary niere @ ative] pyran ae Schmitt, Michael: rate og -- SPP212 © E-Mel(-te ny Superv ISoe. : Blount—Keyser, = SP2332 - sep213° . MA, . Jones, Jack SPP333 SPP214s"- Sie Adins (Ferrel! Adame) whe Z Smith,: "Walt .° SPe334 SPe2i5 even met or wea ked wit, lary Quinn, william Mocs SPP302 . SPP221 Ute andwhe did net kiow me, | oe Leach, wayne. NTC SEP301 SPP22 heal weeked with wm invison for : eae ae ' . . " Many yeas, WA, “hp 47 “str tape date my ty erin'sbe fea receiving offensive! eesinphla E-Matt and why tb ry ae a hehe - +s Me, Adnhs de ‘A Ranks ; Sta mg of cases /, lprens fF ant te RA-57 >: hia? Could the seats # ‘ guperdsee did notrhject ty pert thie . “+ Mind of EMail frer hie atsecale AdaraS Subject: ~ . Bill and: Sonya, Stevens, Mark LCDR .Wednesday, April 12, 2000 7:29 AM ‘Parish, Sonya W.; Brown; Bill - Jonés, Juanetta’ D. cwod; Anderson, Michael’ W.; Aubry, David; Beck, Sidney E: Blourit. Keyser, Nasicy A.; Bumett, James D.; Clenney, Marcus T.; Dieht, Lloyd P; Gallon; Peggy S.; Jadoonath, Daniel; Jones, Jeck; Kirchmer, Jeffrey A.; Korzel; Henryk: Leach, Wayne j MTC: Mansolf, Johny Quinn, William MTCS; Quinteso, Frank J.: ‘Richardson, Thomas; Schmitt, Mike; Smith, Wall ; Wagnér, David K; Willamson, Richard E.; — Diane L.; Jackson, James’ L.;.MacEwen, George CDR: Smothers; Glann i° SPP Code Changes _ Effective 17 po 2000, ‘the following SPP codes wil change as indicaled: "2 NAME OLD CODE _NEW CODE . Stevens, Mark L LCDR Diehl, Uoyd.. . Jadoonath; Daniel Sctimidt, Michael - Blount-Keyser, Nancy ... Jones, Jack Smith, Walt . Quinn, William MTCS Leach, Wayrie MTC. ‘Dover, Diane | ‘. Korzel, Henry Jackson, James Smothers, Glenn . “SPP300°. +: SPP20 - SPP33° - SPP21 SPP335° = “SPP211 : - SPP331 . SPP212. SPP332.- - S$PP213 _ SPP333 _ SPP214 SPP334 SPP215 SPP302 ". SPP227 SPP301 | SPP22. - : SPP013, . * SPP34 ’ SPP0131 -SPP341 SPPO11 SPP35 - SPP124 . SPP351. NOTU Letfer spp300/040600002 of 11 April 2000 is the auitiority for this change. Please. alias tl old codes to the new codes so that we can minimize'e-mail aie tetil ‘ Thanks” Marks: : PA-SB Schmitt, Mike From: . Shel eld, Harold CAPT Sent: Vai Tuesday, August 29, 2000 2:10 PM To: ; ae SPP ALL Cc: _ . Johnson, Patsicia A. Subject: : RE: FITNESS HOUR’ I encourage anyone who can take advantage of tis service to do SO. H. L. Sheffield - Capt,USN . CO, TEAM NOTU : 407-853-1200 —---Originat Message----- From: - Johnson, Patricia A. Sent: Tuesday, August 29, 2000 1:08 PM ‘ To: | ~ SPP ALL Subject: FITNESS HOUR ”For further information regarding this updated program, contact rvin Foster at 3-1296. > oe PA-69 Schmitt, Mike From: Diehl, Licyd P ae Sent: Tuesday, August 29, 2000 3:14 PM - To: Smith, Walt; Daniet Jadoonath; Jack Jones; Mike Schmitt; Nancy Blount-Keyser Cc: : eh Foster, trvin L.; Mark Stevens : ; Subject: FW: FITNESS HOUR : | encourage yau all to take advantage of this program and your 3 hours a week of “wellness”. Uoy ae , : ‘Original Message---— - Paes . ’ From: Johnson, Patricia A. Sent:- tuseeey. August 29, 2000 3:06 PM To: SPP Subject: FITNESS HOUR. Ha FIEXESS HOURA20 Ons more time, this time with the location. Sohimitt Mike CE Cy ‘ Froit: “Diehl, Loyd P - = Scheie Mike Sent’ .: ers Monday, Ovember 19, 2001 8:34AM. . ‘Subject: *- Read: OTU Wellness : : ‘ Your res?( of Workers Compensation Programs 214 North Hogan Street, Suite 1006 Jacksonville, Florida ‘32202 Ref: U.S. Department of Labor Letter a December 18, 2001. File Number: 062048358 . OD_PSY_C-O-I Ericl: Additional DOL Requested EEO Sexual Harassment Documentation Package Dear Sic/Madem: I am writing in reference to your jétter to me. In regard to your letter I submit the following answers to your questions: 1) I was sexual harassed, intimidated and retaliated agaiust on the job which caused severe emotional trauma resulting extensive ongoing counseling sessions. Please refer to enclosed package for the relevant dates, the locations, the co-workers, the supervisors, the required duties, cte. 2) The sexual harassment, intimidation and retaliation events have been ongoing since mid January of 2001, Prior to this point in time, I suffering from the effects of Post Traumatic Stress when my Father died in late October of 2000, as well as, coping with my Mother’s dementia mental health condition and my Brother’s chronic smoking and alcoholism problems, Please refer to enclosed package for the additional information. 3) Please refer to the enclosed package for the na™es, telephone numbers and business and home addresses of my offic’ » ; . ; > . Py Subj: NOTICE OF ACCEPTANGE OF FORMAL DISCRIMINATION COMPLAINT OF ; HARRY M. SCHMITT V. GORDON R. ENGLAND, SECRETARY OF THE NAVY, ; ‘DOCKET NUMBER DON-02-62841-001 _s b. Hostile environment based on reprisal since June 2001. The following are incidents that you believe ‘support your claim.of harassmenthosiile work environment: 1. The complainant felt harassed'in June 2601 when his supervisor found out it ‘was he who turned in the inappropriate emails and confronted him in a hostite manner. ‘2 Complainant feels thaf while the atmosphere improved after agency action,. contractor employees continued in November.2001 to-tell jokes in his presence as. harassment in reprisal for his complaints. "3, Ifyou believe that the accepted claims are not correctly Identified, please notify me in writing within seven (7) calendar days of your receipt of this letter specifying why you believe that the claim Is not correctly identified. Your. allegations’ must be limited to the clalms discussed With your EEO Counselor. If you do not reply, | wilt consider the . ' ‘allegations defined:as above as-correct. ~~ ames . 4; By copy of this letter, the Department of Gefense (DOD), Civillan Personnel Management Services. (CPMS), Office of. Complaint Investigations (OCI), Smyrna Area . Office is ddviséd of the claimis which have been accepted for processing. - 5.. This coniplaint will be-assigned ta an investigator for formal investigation. Once _ . ; assigned, you will be informed of the-jdentity of the investigator andthe date when the: investigation is expected to begin. When the invéstigatlon Is concluded, the. - Investigative fife. will be forwarded to tha activity:address. * ae ""@: The EEO point of contact for this complaint is Milagros Vazquez, Deputy Equal : Employment Opportunity Officer, 12350 Research Parkway, Orlando, FL 32828; -*: telephone number 407-380-8430. “s . oa ; fs “* Copy to: | a Harry.M. Schmitt : : . OCI, Smyma, GA (wi case file) CERTIFIED MAIL Laulse Vitale, Agency Representative (w/o case file) PA-69 . 4 50 ‘ = f . at %S “ eee Plaile SR2E AED _2t Arguesd 2602 ~ limemenanoum ——" Pe es ye ed Millac, Neary: Ses Reuest re EXTEND BEPLY PERT OD A aan -an leaded ie 1 ing wilh euplee ta 28-August 2004, The iainplataabicrppe ieiessblignhiahe ~~ has-net besa campleted: This lathes ly 0 cegsusct te: extrad the ~~ pind TA Yt Ae nr dl sancidectinn at this fF. sneguens F. te extend realy porated a ! : - wi ean At. Schmitt a so deg ania cidade Past nse, AA anthendaben _ iss co teeta the > ‘— ee pep pind an paca a. Bai wo omaipint ss sen i pa 3 : i es : ate ae Cale vat yee, tla hry ted sins : _censemmsnes a GDR Howeed MiNer NOT Debn ( ae Pa-Yo 4. 650 Dixon Blvd., Apt. #22B Cocoa, FL 32922-7542 May 20, 2002 Capt. William H. Borger, Commanding Officer ° Naval Ordnance Test Unit P.O. Box 1623 ; Cape Canaveral, Florida 32920-1623 Dear Capt. Borger. i, Harry M. Schmitt, am employed as an Electronic Engineer in the Deployed Support Equipment Department. | suffer from post traumatic stress disorder. My current working conditions are exacerbating my health because of my current supervisor, Mr. Lloyd P. Diehl. Therefore, | am hereby requesting, under the Rehabilitation Act, that the Agency reasonably accommodate my disability. One possible accommodation may be assigning - LCDR Mark L. Stevens or subsequent rotation replacement as my supervisor. Thank you for your cooperation in this matter. if there are any questions conceming this, _ please do not hesitate to contact me. Sincerely, - , Scheid Harry M. Schmitt CC: CDR George B. MacEwen LCDR Mark L. Stevens Dr. Scott Permesly Dr. Leonard R. Schwartzbaum Dr. Mark H. Brus Ms. Linda K. Erickson Mr. Robert Blankenship Ms. R. Hampton Ms. Milegros Vazquez Mr. Archibald J. Thomas, Il! HMS/gb pA- 74 Aa _[L-sosedg fa paunauco a ameuissposnaths “Ou giv (Karu hu panngude cai} eumeubg spckovdura °¢ sachet cini CE OT es ee ee! Ce ae _ _ SaOvsIOVE NoUVELSIOgH SaNTaGIND WvwOOUd ONINSTVOUR UITUVO NO TWNOLLYLOY MISUVO/ONINIVEL Wal ONO S.G0T 83S SRN, 8 ate Kail sa ap (a btn Uatape ec oa) : | me oq pera Vet: See droge ise OTIS EE MELO ON SE Fe) AN, OS eee prrpien’s4 Glo Zn Le SININSNOISSKONINATEVOS UIaUVD UO WNOMWLOUHABSVO/ONINIVELL NEAL ONO 4338 - __ | OONVTEO JON © SISSV1D NOLVUVEAd NOLLWNINWXS ONRITANIONS TWOWLITTS 8 ONINIVEL NI {SINIONS GTHAIIO ATION NI SLvatolavd 4 Pere. ae Peay we eee. CMOS SSMITSTIO SNHSHaNODV 3O.0OHISW LS a A NBER R RET 3 neo eo es iat i er eaaaer’ 7 MSYASAO Ga 1iVLa0 S9VS WELSAS $0 es ONISTUE WALSAS STISSIN SO “|. MGUNSSAO WELSAS AdaL LHOMS AUSSI SO fe ae Wa Lv ONIssz00ud wiv so RS - "| sSSWIO.N¥S ATISSUN000Z3 -_ (gee), Buguioaiyse 4) Und) wOUS. 2 Ej ving) “quasar sateen mete + Riad '902}-8880%89 MRINIONA SOINOUDS TS] ——_- Mrveteng eetind popped RANT aL FeAWeD - epeip puetombodyuauns s) "ed ae “1. CEP SESIZ oe A ASH SLUHOS) 36 Oe if “is ' ' JOMUNN AUNIAS [COS -"Z SaaS. - * uray seatoduy “y/o” Nid LNaWdOTaARC “TYNGIAIONS QDEC 14 2006 2006-328 )¢F ICE OF THE CLEI IN THE Supreme Court of the United States HARRY M. SCHMITT, Petitioner, V. MERIT SYSTEMS PROTECTION BOARD, | Respondent and DEPARTMENT OF THE NAVY, Intervenor. On Petition for Writ of Certiorari to the United States Court of Appeals for the Federal Circuit PETITION FOR WRIT OF CERTIORARI Harry M. Schmitt 7211 Captain Kidd Avenue Sarasota, FL 34231-4718 (941) 923-2253 | ( . APPENDIX | Volume III INDEX TO THE APPENDIX (CONT’D) Item Page NOTU’s Notice of Acknowledgment for Investigation and Dismissal of Claims of Discrimination (September 19, 2002) 73 Navy’s Office of Civilian Human Resources Reply Letter (February 28, 2006) 83 Mr. Harry M. Schmitt’s Medical Privacy Act Violation Letter by NOTU (July 18, 2006) 86 Ms. Brenda C. Schmitt’s Letter to NOTU’s Security Manager (April 6, 2003) 89 Mr. Harry M. Schmitt’s Reconsideration of Security Clearance to Chief of Naval Operation (NO9N2) 91 Mr. Harry M. Schmitt’s Reprisal for Whistleblowing Letter to U.S. Office of Special Counsel (September 6, 2006) 93 Mr. Harry M. Schmitt’s Letter to Mr. Paul L. McKean, Attorney for Guardian (December 4, 2001) 101 Ms. Gloria C. Goodrow’s Letter to NOTU’s Security Manager (April 9, 2002) 108 Mr. Harry M. Schmitt’s EEOC Settlement Non- Compliance by Employing Agency Letter (December 17, 2004) 113 ii INDEX TO THE APPENDIX (CONT’D) Item | Page Navy’s Workers’ Compensation Letter (February 8, 2005) 132 Harry M. Schmitt’s Reconsideration of Workmans’ Compensation Letter to U. S. Department of Labor (May 23, 2006) 133 Ms. Linda K. Erickson, L.C.S.W.’s U.S. Department of Labor Sexual Improprieties Letter (June 7, 2006) 135 Dr. Mark H. Brus’ U.S. Department of Labor Workman’s Compensation Letter (June 17, 2006) 136 U.S. Office of Personnel Management Associate Director’s Reply Letter (August 15, 2006) 137 Mr. Harry M. Schmitt’s Sworn Statement to Department of the Navy Headquarters (CNO NO9N2) (September 22, 2006) 139 Mr. Harry M. Schmitt’s Patient Amendment Letter to Dr. Cathy P. Miliam (June 13, 2001) 146 U. S. Office of Special Counsel Letter of Dismissal to the MSPB for Corrective Action (September 29, 2005) 247 Ms. Brenda C. Schmitt’s Affidavit to DON CAF (August 21, 2005) 292 iv BEST AVAILABLE COPY Sch (u~ -C (:dEPARTMENT OF THEN. JY | - ‘NAVAL ORDNANCE. TEST UNIT ‘ CAPE CANAVERAL, . FLORIDA 92920-1623 12713 SPP00/0091902001.. ° 19 Sep 02 us 4 a S27) ‘ From: : Commanding Officer, Naval. Ordnance. Test Unit ‘fo:. - Mr. Archibald J., Thomas, III, Suite 1640 Riverplace ' Tower; Jacksonville, FL 32207. ° eS ie Subj:° NOTICE OF ACKNOWLEDGEMENT FOR INVESTIGATION AND. DISMISSAL OF CLAIMS OF DISCRIMINATION IN ‘HE “COMPLAINT OF HARRY M. SCHMITT V. RICHARD J. DANZIG, _ SECRETARY OF. THE NAVY, DON-02-62841-002 Ref; (a) Notice of Receipt: letter of .12 Aug 02 + “(b) 29 C.F.R. Part 1614. - ; {c) EEOC Managément Directive 110, as. revised; 9 Noverber 1999 { gate gi ar he, ‘Encl: (1) Complainant's formal discrimination complaint ‘of date" _ 29 Jul 02 | | ee ie (2) EEO Counselor's Report of 29 Aug 02 --(3) -Compensatory Damages Questionnaire 1. Your formal discrimination complaint of 29 ‘Jul: 02,- enclosure (1), was acknowledged by reference (a) and’ assigned Docket Number DON+02-62843-002. : es : eo. 3 2. In my review of enclosures’ (1) and (2), I understand, that. ‘your are alleging that on ‘the basis of disability and reprisal, .for-your prior EEO activity, ‘that you were discriminated against — on 25° Mar 02 when. you were débarred from the base.’ Furthermore, ,. the following are the incidents: that you believe support your claim of discrimination based on: disability and reprisal: “4; The Cape Canaveral Air Force Station Police. falsified -an Incident Report to the NOTU Commanding Officer, Captain. William H. Borger, stating that you were seen parked at Complex 17 for two hours which resulted in‘ your debarment from the base. _ |b. Mr. Robert ‘Blankenship, CEAP Coordinator, failed to notify you about seeking,a mental health appointment: denying you the opportunity to make a mental health appointment on your own. c. .Yorr cooperation — the Inspector General, Captain Evangelist, in the investigation of your prior EEO activity. d. Your security access has been pulled and your sécurity ’ PA-73 a rat .. a . clearance has been referred tothe Department of the Navy Central Adjudication Facility (DONCAF).for review. - e. - You have requested and been denied reasonable ‘ accommodation for your stress-related disability. 3. You also allege that you were not-informed by your Supervisor, either verbally or in writing, that he had signed. Department of.Labor (DOL), Office of Worker‘’s Compensation Programs (OWCP) Package on 30 November 2001, and that this is retaliation. for responding to a DOL, OWCP follow up letter. 4. Upon review of enclosures (1) and. (2) and,’ in accordance with references (b) and (cc), I have accepted the claim contained in paragraph 2, above, for investigation. 5. 29 Code of Federal Regulations 1614. 405.(a) (1) states that an aggrieved person must initiate contact with a‘'Counselor within 45 days of the date of the matter alleged to be discriminatory . or, in the case of a personnel action, within 45-days of the effective date of the action. a. The events you address in paragraph 3 were not addressed to an EEO: Counselor's attention within 45° days of the alleged event(s). This command has made a concerted effort to ensure that: all Naval Ordnance Test Unit employees are made-aware of the EEO complaints process and the applicable timeframes as_ evidenced below. ye Ce (1) EEO posters are Posted on official bulletin boards. -The posters contain the EEO Counselor’s name and telephone number in addition to a-reminder that an employee must contact an EEO. Counselor within 45 days of the alleged discriminatory conduct in-order to preserve his/her rights under the law. - b.. In addition -to the above, you: filed an EEO complaint on | 1 Feb’02. Your prior participation in the EEO complaints .process is evidence that’ you Had knowledge of the requisite timeframes to file a timely EEO complaint. 6. 29 Code of Federal Regulations 1614107 (a) (2) states that prior to a request for a hearing in a case, .the agency shall ‘dismiss an entire complaint that fails -to comply with the applicable time limit’ contained in § 1614.105, 1614.106 and 1614.204(c), unless the agency extends the time iimits in ae accordance with-§ 1614.604(c), or that raises a matter that has not been brought to the attention of a Counselor and is not like t ~ f a Pec es, eat pe a _* ° Mid ‘ " — or related to a matter that hasbeen brought to the attention of a Counselor. Based on the above, the claim described in “paragraph 3 is dismissed for. being untimely. Furthermore, °29 Code of Federal Regulations 1614 .107(a) (1) states that prior to _ @ request. for a hearing in a.case, the agency shall’ dismiss an . _entiré complaint that fails to state a claim under Sec’ 1614.10 Ox Sec. 1614.106(a) or states the same claim that is. pending © before or has been decided by the agency or Commission.’ You . have. failed to state how this alleged’ failure on the part of your, supervisor. adversely: effected a term or condition ‘of your employment. ‘Alleged reprisal for filing a. Workers’ Compensation Claim is not an allegation of reprisal within the jurisdiction of the EEOC. Based on’ the above, the claim-described: in”. paragraph 3 is also dismissed for failure to state a clain. Furthermore, it does not state a separate basis for the accepted claim. ; . 7. There is no immediate right to appeal. a partial dismissal of — ) @ complaint. However, this determination is reviewable by an ‘administrative judge if you request ‘a hearing on your complaint, -but is not appealable until the final action is taken-on the remainder of your complaint. If you elect a. decision by the _ Secretary of the Navy; without a hearing, this decision will ‘ address all-the Claims in your complaint, including its | ; rationale for dismissing the claims .and its findings on the "merits of the remainder of your complaint. The Secretary of the: -Navy's decision wiil include your appropriate appeal rights. 8. I£ you believe that the accepted claims are not correctly identified, please notify me in- writing within seven (7) .. - calendar days of your. receipt of this letter specifying why you believe that the claims are not correctly identified. Your : allégations must be ‘limited to the claims discussed with your ‘EEO Counselor. If you do not reply, I will consider the allegations defined above as correct. by z ‘9, In your request for corrective action, you ask for’ . compensation forall damages suffered. In order to evaluate your claim for compensatory damages, in the event we are able to successfully settle your complaint,. you must. complete -the | ' Compensatory Damages Questionnaire, which is: attached as enclosure (3). Mail. the completed questionnaire to the address provided in paragraph 11 below within -30 Calendar -days of receipt of this letter so that we may evaluate your request for compensatory damages. Failure to complete and’ return enclosure (3) within the stated timeframe may negatively. impact your claim’ *’ 3 PA-75 for compensatory damages during any future attempts. to reach ' Settlement of your claim.’ ’ -10. By copy of. this letter, the Department of Defense (DOD), Civilian Personnel Management Services (CPMS), Office of . Complaint Investigations (OCI), Smyrna\.Area Office is advised of the claim, which ha’: been accepted for processing. 11, This complaint:.will be assigned to an investigator ‘for formal, investiyation. Once assigned, you will be informed of the identity of ‘the investigator and the date when the investiyation-is expected to begin. - When the investigation is concluded, the investigative file will-be forwarded to Milagros Vazquez, Deputy. Equal Employment Opportunity Officer, 12350 Research Parkway, Orlando, Fl 32828. sa :; 12.-Thé EEO point of contact for this complaint is Milagros © Vazquez, Deputy Equal Employment Opportunity. Officer, telephone number (407}° 380-8430. ; oe erg gfe —____________ W. 20/7 BORGER . ‘Copy to: seat NAVCARD DP~8 (w/encl [1] only) ‘DOD, CPMS, OCI,. Smyrna Area Office - Harry. M. Schmitt ; . Louise Vitale, Agency Representative C) PA C) | ‘Schmitt, & PUREE: Shae ce Ae From: i +” Schmitt, Mike . . Sent ‘+, Friday, February 04, 2002 6:00 AM * Tee f Hager, Johnny Cot - - ++ Schill, Mike |... I Subject: nee Mid-Year Performance Review _ Importance’. High | s eee ie your office. my performaiice tecord Statements for your review and forwarding to the EEO Officer, . THANK n@, aftention and ‘assistance in (his EEO compliant matter. if you have any questions, comments and/or-concerns, PLEASE {cet free to. bring them to my altention ASAP, You can reach me at Tele; one # (321} 853. 0691, of OSN 467-0691 of FAX # (321) 853:3675.. aan, THANK YOU for your time, attention an helpinthsEEQ - ‘compilant matter, Ms, Hager, you have'a GREAT DAYI{ . eee; rao ‘ . ‘ " ” PERFORMAIICE * PERFORMANCE | ; SPP212€-Ua8 Tere RECORD STATEMBET SIC. RECORD STATEMCHT.4,. . - Uneot Sv. ' Very Respectfully,” . Mike Schmitt RF & Elect: Pwr, Sys. Ergineer ’ Post MSEE, PA ; PATI Wey tenet we * (PERFUR Gud: + a . ( = pert “ie Ate . : ee . Ie lh Me Seer en nail: Mike atk) WE onawtexnon ae pst ( and rien a APPRAISAL PERIOD ul Jul.00 = 30 Jun 04 P.O. CURRENT AND ACCURATE? Yes) NO (i . Bm. Wiel ACCESS TO CLASSIFIED Ipomee RMATION AND DISCHARGE q. ELEC? ae OF SECURITY RESPONSIBILITIES: RATINGC ; i y I SALL REQUIREMENTS; RATED A" ON ALL ss *“y RATE ELEMEN) : ‘i iF { . » }RECORO. tA Shy i. D ‘Us DETERMINE EFFECT ON ORGANZATIONAL es PERF . ve 0 BY AHIGHER LEVEL OFFICAL: "UT SUMMARY RATING | - — TAITIAL ——"ISVEAR peers fATING SIGNATURES — | oISCUSSION ‘REVIEW OATE neMIeW OATE | OF RECORD “DATE |. .| SUPERVISOR ’) a * sie 7 ware OM. — tdi WT ne Wiebe m : 4 A ia CMPLOYEE . a ; , foi pee eee . a > (NDIVIOUAL CRITICAL Kiemenive = AND Il MANDATORY FOR ALL, tit, (¥, AND V MANDATORY FOR SUPERVISORS. SUPER\ISORS MAY SELECT FACTORS FROM ELEMENTS'IIl, (V, & V. WHEN APPLICABLE, CHECK ALL APPLICABLE CAUTICAL ELEMENTS AND FACTORS WHICH’ MAKE UP THE STANOAROS; iF SELECTED CRMCAL ELEMENT OR FACTOR |S DELETED OURING RATING PERIOD, INITIAL AND OATE, CRITICAL ELEMENT RATINGS ARE DEFINED AS FOLLOWS: “A’- FULFILLS ALL REQUIREMENTS FOR THIS CRITICAL ELEMENT, ‘U"~ cose oer ON, CHARACTERIZED BY SIGNIFICANT WEAKNESSES WHICH AFFECT OVERALL PERFORMANCE. THERE ISANEED FOR - CORRECTION OF WORK RESULTS AND/OR REMEDIAL TRAINING, BROVEMENT PLAN, INCLUDING = WRITTEN DESCRIPTION OF “A* PERFORMANCE PROVIDED ON: eT APPLICABLE | FINAT 1 FACTORS | ELEMENT 7 - ‘a RATING HCEKERUTION DF DUTIES: Cancietenty AesorapishacTh the Following: wea a 8. Sktilul aC peiforming the specifc tacks required of the position. b. Understands work procedures and celationship of job lo othars. ©, Effectively struowures activites to rocognize and respond to priorities, d, Organizot resources to get the fob done with quality and on fime; . &, Proporly follows Instructions, {. Maintoins.a sense of fesponsibility for a task or project until completion. - g. Makes doclsions and oporates wilh allention to long-rango stiatcglc inlUatlives of the organization, : 7’ Effectively manages classified Information. . Olscharge’ securlty responsibiatios, - t: on to Increase Lene - gen = at hat bok kK. Specifis additional] progra Ssion goals (option 4 tot 1) conduct wltrwal wud 3} are IAT aT aOTERKWOR D TEAMWORK - Consistently Recomnplishos tho Following ‘a. Comnyunicates clearly and orally and tn writing, b, Builds and maintains Intardepondent relallenships with (ndividua's Inside end oulside the - tmmodiste organizational unt. ¢, Kedps others Informod regarding werk projects they need to know to a the'r work. -d. Supports orgarizational efforts to develop effective teamwork. ©. Synergizes wih team members to develop desked outcomes to accompitsh mission objectives. {. Organizes and prepares to reduce working tn a ctlsis mode when changes \n work priorities and procedures ocour. g. Seeks to understand new ideas and work methods, n Shows courlesy and senpent for co“ wore and other team membors. Se te mag 2209 2 foq- excQ_UaAAR OC) pale | C3 -MEMORANDRUM | * 29 October 2001 From: SPP-212 To: SPP-21- Via: SPP-20 Ae hs ; SPP-02 : | * . SPP-O1 Subject: Pornographic E-Mails Being Sent to Mr. Schmitt’s Government Mailbox’. ; I discovered pomographic E-Mails being sent to my supervisor, Mr. Lloyd Dichl, across my old assigned Naval Ordnance Test Unit (NOTU) code SPP-331.. When I became a NOTU emptoyes, both my supervisor and-me had verbally and via E-Mail notified the SPP and contractor ‘communities of the change in government E-Mail codes. My supervisor had previously held the SPP-331 goverment E-Mail code prior to his promotiou. [ had just recently completed my . Standards of Conduct Training when I discovered these porongraphic E-Mails in my mail - archives; I became very-traumatized, upset and worried over these E-Mails, because f had already been exposed. to a scantly clad woinan posted in the-work Space and jokes of a sexual nature by some of my office co-wokers. s. I felt very scared and very much alone now; I did not know which my of office co-workers to trust any more; these E-Mails violated the public trust, my trust in the chain of command had also been violated, as well, by, these E-Mails. | began to have severe sleep disturbances at night over these inappropriate E-Mails... :had these E-Mails already been detected on my government computer by higher headquarters in Washington, DC?7?...was | atready guilty by unknowingly associated with it???...was my federal career, my reputation as a dedicated, honest, hardworking Civil servant ruined by the E-Mails being on my government computer??? tn the following few agonizing days of indecision that followed nPRetection of these E-Mails on my government computer, I felt deeply hurt, angered, remorseful Witt thoughts of being betrayed by my own superiors; these are the people I look up to for help, guidance and protection from this kind of thing, I did my very best to suppress my emotions while at work. Why me, { thought, why did it have to happened .to me???, ,. why did the command assigned me my supervisor’s old B-Mail code??? Why did my supervisor anxiously asked me in a staff meeting about whether or . not I was receiving any E -Maits from Mr. Terrell Adains???.. why didiny supervisor not tell me he was ‘associating with these kind of people?? Why are they all jaking around this subject area at work???,. .why did another supervisor call out into the hallway that he had pornography on his Bovernment computer and no one- cared??? Why is the contractor trying so desperately hard to offer me personal services???...in return for what??? Why did the contractor tell me that they have brought down bigger. people than me before??? What does all this mean, I thought, has someone compromise their government office??? I wes aot aware that my supervisor vulnerable to this kind of inappropriate E- Mail intimidation and did not have the heart and courage to tell his . friends not to send him those kinds of i inappropriate E-Mails to him at work...these péople are - friends. Gh NO, I thought; this is an attack upon my government ‘ethics, between what — what is wrong!!! It is the sworn duty of every federal government employee to monitor/screen their incoming E- Maits in order to make sure that ere no incoming E-Mails which are inappropriate in nature. It is also the sworn duty of every federal government employee 10, maintain a safe and secure workplace environment for their fellow federal government co-workers. My supervisor already PA-79 - emotional and psychological well being was being affected. It was benesting inéreasingly Co | se, me t. : a w . had told me verbally twice in two separate staff meetings when I checked into NOTU that I‘had. his old government E-Mail address, and he was acknowledging this fact back to me via E-Mails. _ The stress and strain of these few- horrible days indecision about have to turn in my supervisor’s friends for hii, after [ discovered the E-Mails on my government computer, was ~—— tearing me apart inside and became almost unbearzble for me to handle alone. I knew Thad to act to protect my supervisors, my co-workers, my command and myself from this horrible E-Mail attack. 1 decided to report the detection of pomographic E-Mai!s on my government computer to Ms. Elizabeth Fischmann, NOTU’s Ethics Counselor in Washington, DC. She advised me that { necded to report it to my command, as well. I then reported it to. Ms. Ann Jones, NOTU unofficial ethics officer. In response, the command sent out an E-Mail’ discipline along with a New NOTU Computer User’s agreemeat form to the SPP. and contractor communities; but unfortunately, my co-workers, my supervisors and the contractors did not take the command’s E-Mail discipline seriously and also chose not to implement the New NOTU computer user's agreement form, cither that was sent out by the command XO. | was now receiving even more pornographic E-Mails coming in on my new SPP-212 government oode. - addressed to my supervisor. Again, both my supervisor and myself had notified the SPP and the contractor communities verbally and via E-Mail of the new SPP-20 codes prior to these ‘pomographic E-Mails coming in on my new SPP-212 E-Mail government code. I now became extremely sicken and very nervous over this whole E-Mail pornographic issue, my physical, difficult for me to come to work and effectively do my work, due to lack of sleep over this pornographic E-Mail issue, while having my government ethics under attack. I now began to dreadfully feared the thought that my confidentiality for tuming in these E-Mails might be broken in the near future. The remainder of my performance record statement concerning pomographic E-Mail being seat to my government E-Mail box will be continued on my next performance record period of 1 July ‘OL to 30 June 02 as associated E-Mail events continued during this period, as well. Very Respectfully, Boog tn Schnitt Harry M. Schmitt MSEE, PA ~ PA-80 oe MEMORANDRUM 1. + 29 October 2001 From: SPP-212 | . ; To: SPP-21. r Via: SPP-20 ay Pes SPPR-02 - ie s SPP-OL Subject: FAMILY LEAVE-HARDSHIR aa a Thad verbally infonned my supervisor; Mr. Lloyd Diehl, during the summer of 2000 when the -submarine tours were ongoing at the base, of my family situation with my father’s heartand alcohol problems end my mother’s. failing mental health problems. Even with his alcohol problem my father did take care of my mother and his family as best as he could with that - condition. He acknowledged those problems to me-verbaily and wished me tuck with those personal family problems, |. is , . : I left an E-mailed with my supervisor, Mr. Lloyd Dichl, that I was taking Family Leave because . my father was in Sarasota Memorial Hospital suffering from the terminal illness of alcoholism. My superyisor'was out on travel at that time and had left me in charge-as acting SPP=21. I tumed _ over the:acting SPP-21 duty to Mr, Yack Joites before departing NOTU for Sarasota, My father’ hung to life with great determination during the weeks to come; but, in the end, the restof the - ‘family knew that terribte discase of alcoholism that my father suffered from for my of his.adult | life would finally take his life. It was the most horrible, extremely sorrowful and painful event of my adult life knowing how inch the mysclf and the rest of the family wanted to save him from ' this terrible disease; Gut, there was absolutely nothing I or the rest of family could do except watch him slowly die from it in the hospital: The last thihg I was expecting, doing this traumatic event in:my life, was 2 phone from my supervisor asking me when I was coming tiack to work, To me and the rest of the family in mourning at the hospital, it was an extremely insensitive phone call. This sent a miessage to me personally that the command ¢°4 not'care what I and the ‘test of the family was going through at the hospital, arid that, my father should hurry up and dio, so that I could get back to work: My first duty was to my father, my bereaving mother, brother and sister and seeing.to it that he was treated with dignity and respect being an Army Veteran. I was still very much in a state of mourning the foss of my father when I returned to work just before Thanksgiving. In the three weeks that followed I told everyone in the office, including my supervisor, about my mother’s mental health condition and that the family was in the process‘of filing all the iniportant household papers. Again, I still very much in mourning and suffering + from the Post Traumatic Stress of losing not only my father, but also, my mother, as.well,to dementia. ate ae ._ a F I did inform LCDR Stevens‘on his way of the office that Friday of my intention to take Christmas.: and New Years Leave because again, my supervisor was outon travel. ‘I left the leave Slip in my supervisor's inbox, but LCDR Stevens, apparently forgot that I had told him that I was going to take this leaye and to pass this on to my supervisor. During this Christmas and New Year's holiday leave t finished working getting my mother’s affair in order, as well as, initiating the guardianship paperwork process with the family attamey.. At this point in time, no competent family member had access to my mother’s financial accounts to pay for my father’s final hospital bills, butial expeises, my mother’s doctor's bills; household bills, eto, The family and myself 7 . PA-BL oe ee - Were stressed to the limit of seeing to all my mother’s needs in the weeks that followed my father’s death. aes Iam as a federal employee entitled by federal law up to 12 weeks a year of Family Leave to deal .° With these kinds of family problems.. Please, remember that I did not ask for all the post: - , Qaumatic stress of dealing with these family problems over such a short period of time. It has been a tremendous shock.to me both physically and mentally; and, Lam coping with the personal problems as best as I can. I am.open, and would be extremely grateful, for uny further assistance the command can offer me. F ra * Very Respectfiilly, Iibe Sch cbr Mike Schmitt MSEB, PA PA-82 as DEPARTMENT OF THE NAVY OFFICE OF CIVILIAN HUMAN RESOURCES —— - GI4 SICARO STREEY.SE SUITE 100° WASHINGTON NAVY YARD OC 20374-5072 Mr: Harry M. Schmitt : : “ 5 U.S.C. § 5S2a(kX2). * See title 5 of the Code of Federal Regulations, at § 1830.5 (5 C.F.R. § 1830.5). —_ a . s PARSE O a . . P . »~ * ee . -? ‘ : : +: — =_ US. Office of Special Counsel Letter to Mr. Harry M. Schmitt - August 18, 2006 - Page 2 Please note that-we have enclosed all documents exchanged betiveen you and OSC, with the exception of a “zip” disk which appears to have arrived after your case was closed and which we are unable to duplicate here at OSC. Should you need’a copy, OSC can have ‘ a duplication of the disk made upon your request, with the understanding that you would . incur the cost of such duplication. In closing; you have the right to appeal this decision under the Privacy Act, FOIA, or both. Any such appeal must be in writing, and be postmarked within 30 days of the date of this'letter, The appeal should be sent to Ms. Erin M. McDonnell, Associate Special . Counsel for Legal Counset and Policy, Office of Special Counsel, at the address shown at the top of this letter. Finally, pleas specify clearly whether you are appealing: the Privagy Act determination, the FOIA determination, or both. "Sincerely, . ’ Christopher M. Kirt FOIA/Privacy Act Officer Legal Counsel and Policy Division Enclosure(s): PA-25 Enclosure —— U.S. OFFICE OF SPECIAL COUNSEL 1730 M Street, N.W., Suite 218 Wasblagton; D.C.’ 20036-4505 Determinations (# FO-06-0625) Please note: Unless you specified otherwise in your request, it was assuined that you were not asking for another copy of any information that you sent to the Office of Special Counsel (OSO), or that OSC sent to you. Lf that assumption was wrong, please notify the Legal Counsel aud Policy Division representative identified in the accompanying letter, and a copy will be seit to you. Written notification can ne pe to (202) 653- $161, Citations below ave to the Freedom of Information . Act (5 U.S.C. § 552). A. Enclosed is a copy of some of the records responsive to your request. Other cesporsive 4 [.J records cannot be provided for the reason(s).checked below. B.. Information covered by your request is withheld under the authority of FOJA excmption2, | [X] . because the information relates solely to internal agency personnel rules and practices. . This exemption applies to administrative records such as correspondence control information, routing slips, administrative data forms, case tracking information, and computer or other administrative codes. § 552(b)(2). C. information covered by your request is withheld under the authority of FOLIA exemption3, { } because the information is specifically exempted from disclosure by another statute (other than the FOIA). § 552(b)(3). dD. Information covered by your request is withheld under the authority of FOIA exemption 4, [ J ‘ because the information consists of privileged or confidential trade secrets and commercial or financial information. § 552(b)(4).: E. Information cevered by your request is withheld under the authority of FOIA exemption 5, {| [X] because the information consists of one or more inter-agency or intra-agency memoranda normally protected from discovery in civil litigation, based on one or- more legal privileges, § 552(b)(S). These include-the attorney work product privilege, and the - deliberative process privilege. Martin v. Office of Special Counsel, 819 F.2d 1181 ‘©. Cc. Cir. 1987). ‘ F. Information covered by your request is withheld under the authority of FOIA exemption 6, - because the information is contained in personnel, medical, or similar files, the disclosure of which would constitute a clearly unwarranted inyasion of personal privacy. §$'557(b){6). (continued on next page) ~ PA-B6 4 ; TF ; 2 “Deter minations (# 0-06-0625) ae Page 2o0f3 G. Information covered by your request is withheld under the suthorhy of FOIA ducagtion 7, 1, becaiise the information was compiled for law enforcement panpoeen and because— ~ ae aaa ett he heii tet td ete TEE EEL LTTE LLL e disclosure could necnnahly be expected to interfere with enforcement #3 * proceedings. § $52(b)(7)(A). | ¢. disclosure’ would deprive & person of a right to a fair trial or vocal tj}. - adjudication. § 552(b)(7)(B). e disclosure. could . ‘reasonably. be expected to constitute an unwarranted [X] invasion of personal privacy. § $52(b)(7)(C). . disclosure could nancy be expected to disclose the identity of a’ [ ] " confidential source, including a state, local, or foreign agency or authority, or any private institution which furnished information on a confi dential basis. § 552(b}(7)(@). e disclosure would Anlien techniques. and semnedamne? for law enforcement [ } investigations or prosctutions, .or would -disclose guidelines for law enforcement investigations or prosecutions, and disclosure could reasonably be expected to risk circumyention of the law. § 552(b)(7)\(E). e disclosure could reasonably be expected to endanger the. life or physical : F ) safety of an individual. § 5$2(b){7)F). ; H, Information that originated with another federal agency has beeri referred fo that agency {] for a disclosure decision and direct — fo you. A copy of our referral letter is enclosed, ; I. - OSC keeps its files for periods of time scheduled by the National Archives ‘and Records 1 [ 7 Administration (NARA).. Tho file containing the information that you asked for. was destroyed in or about » in accordance with the NARA schedule for such files. The only cecord of the file is an 1 administrative data form (known as-a “profile”) generated by- our computerized case tracking system. - The profile documents actions taken by OSC during its handling. of the case. ‘In Siew of the record(s) that you asked for, a copy of the profile generated in connection with the receipt of your FOU request is enclosed, VJ. Identifying information about one or more other persons listed on the profile described in | [ ] [> item I, above, has been deleted, pursuant to —, 7(C) of the FOIA (sce item G., above). K. The FOIA is a means by which to request access to existing documents. Agencies arenot | { ] required to create records to respond to FOIA requests, nor are they required to answer questions posed as FOIA requests. See, for example; DiViaio v. Kelley, 571 F.2d at 542- ~ 43 (10th Cir, 1978). Lam, Gearetene, unable to process the questions im your request under the FOIA. (continued on next page) PA-97 faa ‘ é , wna 4 : a /- — e ™ Determinations (4 FO-06- 7 Page 3 of 3 \ L. It appears that you also wanted records (if such records exist) from other federal agencies. | [ J OSC has no authority to respond to requests for. récords of other agencies, A list of the “ principal FOIA offices for other federal agencies, with contact information, can be found at the Department of Justice web site, at Attp:/Avww.usdoj.gov/04dfoia/foiacontacts.jum. You -need to send your request to’ the FOIA office for. each agency from which you want to request records. = ‘| M. It appears that you also wanted records (if such records exist) from another federal agency. { ] OSC has no. authority to respond to requests for records of another agency. Contact information for the principal FOIA office in the agency described in your request is as follows:. N. Other (describe): 7 {] QO. Fee and payment st inPstion: Your request required the copying of __ pages. Under OSC’s FOJA fee-schedule, the first 100 pages-are provided to you at no cost.’ ‘The ‘additional __ pages are provided at a cost of 25¢ per page,’ foratotalof$ . . Please send a check or money order in that. amount to OSC. Your check or money order should t ber made payable to “U.S. Treasury.” Please note that interest may be charged if payment is uot received withi n30 days ¢ of the date of billing. ~ P. Comment(s): 1. SCRR. § 18204. > 5 CFR. § 1820.6(a)(3). 1 5 CE.R § 1820.7{d). U pa-98 O OSC Forn 483~CEU (Rev, 202), ee eae _*s -§) OMB Contrat No. £255-0003 Ry: : ae , (Exptratiox 2231705) OFFICE OF SPECIAL COUNSEL (ose) SURVEY (FY 2002) * Please clrele the letter (a.,ti,,'c. » dy etc. J that best responds to.éach question. , Select only one answer per question, untess you aré asked to'elrclo all answers that. apply to a question : : a e term "N/A" In fesponses aa some questions moans “Not Applicable." - ~ 1. “Has the federal agency where you Work (or the agency where ya worked most recently, if you arono longer employed b y a federal — informed you about your rights and remedies with regard fo aS ve porsonnel practices Yes b. No c. Do not recall d. Never employed by a federal agency 2. - How did you first become aware that _ could file a complaint with osc? @) OSC Web site b. OSC speaker | c.’ OSC brochure: a osc poster 0. ‘Hews Slory. ane, * -tgeney personnel office g. union * fi. Co-worker I. other. (please describe): en eee , Date Epproxinete): 3. What Was the subject ofthe allegation(s) in your complaint? (Circle all that apply. ) Combination of. reprisal for whilsteblowing and other prohibited personnel! meee b: Reprisal for whistleblowing onfy ‘ c Prohibited personnel. practice other than reprisal for’ whisleblowing a. Hach Act (unlawful political activity) ° : @. Uniformed Services Employment and Reemployment Rights Act (USERRA) f. Arbitsary and capriciqus withholding under lhe riqadom of Informat! ‘on ‘Act t (FOIA) . o Other a6. a. Was yoor sinntiieal successfully resolved a at OSC? - . ; - a Yes (Skto to question 7). by Partiatty @ No d. Do not know, or N/A LAINTS (GENERA 8. What reason did OSC give for — your complaint without obtaining the relief that you sought?’ (Circfe ‘all that apply.) - . @ Noose Jurisdiction over your postion, the agency, or agency officlas) involved in the complaint . Bor peteonriel’ action(s) taken by the agency involved : c, .OSC could not disprove the ‘agency's Slated reason(s) fcr the action(s) involved In your complaint m * Insuffictent evidence that the action(s) Involved in your complaint violated a law or reguiation ° _*,"@. You-or OSC settled the matter witti the agency Involved ff. You declined corrective action offered by the agency InvoWved *g. You withdrew your complaint h. OSC filed a petition with the Merit Systems Protection Board wares for corrective action J. OSC dblained a decision fa the corrective action proceeding filed with the MSPB p> Closed for further action on discrimination allegations through EEO processes ; = k, Afier OSC’ 's referral of the complaint to tnvestigation and Prosecution Divisions for fleld investigation, matter '. Was (6Solved ihraugh. the OSC Mediation Program’ . An 1. Other. ; , . m. Do not recat ae 7 ie : (continued, over) PA-99 zs REPRIA, FoRWSiLERLOWNG ALLEGATIONS ae yun mene included n n9 allegatian(s) of reprisal fot. .». Whistlebiowing, skip to question 7) 6. What reason did OSC give for closh lng.dny reprisal for whistleblo wing allegation ia your complain without obtelning the rellef that you Sought? (Circle all al thatapply.) Be Information that you disclosed did not appear tobea legally protected disclosure 'b, Your disclosure Gceurred after the Pergonnel action(s) Involved in the allegation c. * Insufficient proof that agency officials) who took the ¢ action awe in the eee cae knew of your” ‘disclosure : .. @& tnsufficlent proof of connection between your disclosure and the personnel action involved in the allegation ~ "@. You filed an individual Right’of Action (IRA) or ‘other appeal with the Merit Systems Protection Board (MSPB) a €). other, froth er, Ger, aig , sn false « aa sn ial é te a a wgen De. Word, : g- Do.not recall 7 7. How would you rato the service provided by ose in each of the. folowing areas? | ts Very Satin b, ‘Satisfied . c, No Opinion, orNIA d. Dissatisfied --e:. Very Dissatisfied "(Oral Communteations: eo yee Sahel = - my Satisfied b. Satisfied c. NoOpinion, or N/A.’ d. Dissatisfied: . & Very Dissatisfied . ‘ itt (e) munleations: ; pale ae pa aes ery Sa d Salisfled __& NoOpinion,orN/A «di Olssatisfied e. Very Dissatisfied -“Tinteliness:. Tice : RE . a aa + ilar a Se Very. Sims b. Satisfied - .* No we Leo d. Dissalisfied 8. biden qos h, Results: cm - a. Very Satisfied. - b: Satisfed” c. No Ophnion, orN/A d. Dissatified ‘Very Dissateed _ 8. Did you fi ilo an individual Right of Action (IRA) or other appeal with. the MSPB in connection with the same evonts that you reported in your complaint-fo OSC? a. Yes "| ©. No (Skip fo question 12}... NIA (Skip to question 12) 9. Dla you ask for the same rellef that you sought from osc? a. Yes _ b. No c. Do not recall ; 40, Were | you. successful at the. MSPB in nabtaining the same relief that you sought from osc? é ; a. Yes b. . Partial Ae a c. No” d. Appest pending e 14. 1f the ingwer to wheatiins 10 was’ “yes!” or? “partially,” how did you obtain that retlof? ; - Settiement b.. Decision after heaiing - c. Other guardian, Mr. Gary Burton Schmitt. I have informed you several times via office visitsand telephone calls tegarding my mother’s guardian physically attacking mo, while under the ° influence of unknown substances, without provocation, resulting iri physician ie documecnicd personal injuries, threatening physical } violénce against my sister’s husband, Mr. Steve Neelley, and fastly the guardian’s suicidal comment that he “can’t wait to get’ to the other side and beat up dad's spirit”. ‘My mother's guardian admitied to me that he is an alcoholic and associates with known alcoholics, such as, Mr. Kevin Evans;. ~ " however, my mother’s guardian reflses to seek any professional help in treating his _chronic alcohol and smoking addictions. Jn addition, my mother’s guaidian absolutely . refuses to seek any’ family consulting due to the loss of his father; his father’s lifelong atcohol addiction, and coping, with his mother’ s dementia mental health condities. Cuirenitly;: I avis been i in ‘family consultation ith Ms. Linda K Erickson, I: Les Ss. W., for a several months now trying to cope with my father’s death, my brother's chronic: - . alcoholism and. smoking additions, and my mother’s dementia mental health condition. Ms, Erickson noted my dangerously high stress levels of my trying to work with my ;. | mother’s guardian. Ms. Erickson strongly recommends that a professional guardian, Ms, * Susan Corbett, be assigned to my mother’ 8 ppeetiathip case by the court. - I request that you,.as Attomecy for Guardian, do not idlow my mother’ 8 Curient guardian to liquidate any of my mother’s ical estate assets including, but nbt limited to, any associated houschold fumishings, vehicles, tools, etc, without proper financial justi fication supporting such sales’ and court hearings; i in order that other family members, " concerns may be hear by the court; priorto any such sales. I also request that you notify: . the court of my intention to have my mother’s current guardian removed on the grounds of unacceptable gustan behavior. areas you ‘for your time and attention i in this matter. Very Respectfully, . ae Ce sae nae _ Harry M. Schmitt CC: Mr. Matt Mayper ; ‘ y ae ae Dr. Scott Franczek - Dr. Leonard Schwartzbaum “Pr-404 mr : OFFICES Sarasota County Criminal Justice Building 2071 Ringling Bivd., Suite 400 Sarasota, Florida 94237-7000 Telephone: 941-951-S400 FaxNo: 941-951-5449 and South County Courthouse 4000 South Tarniam! Trait Venice, Florida 34293-5028 Telephone: 941-492-3520 FoxNo: . 941-492-3127 rat EARL MORELAND: STATE ATTORNEY: - TWELFTH JUDIQAL CIRCUIT. JANUARY 14TH, 2002 " Desoto County Desoto County Courthouse: 115 East Oak Street, Third Floor Arcadia, Florida 34266-4446 | Telephone: 863-993-4881 - Fax Na 863-993-4890_ i Manatee County 1112 Manalee Avenue West RO. Box 1000 . Bradenton, Florida 34206-1000 ‘Telephone: ‘941-747-3077 “Fax No: 941-742-5868 Please Reply To: HARRY SCHMITT 6S0 DICKSON BLVD. . “COCOA, FLORIDA © 32922 RE: State.of Plorida v. GARY SCHMITT SAO *#01-198865 : Ayenuy #S5S0 01-116760 . . Charge: BATTERY oa - . ‘Dear MR. ‘SCHMITT: Our office has yeceived the- complaint againet the above referenced individual in which-you are a victim. -I will'nee@ to speak with you. regarding this matter before any criminal _chaxges are fiied. Please call this office, immediately to set .up an 2ppointment for. further ‘investigation. "PLEASE BRING THIS LETTER WITH YOU AT THE TIMB OF YOUR APPOINTMENT. ; In ‘accoxdance’ with the Americans with Di sabilities Act, persons needing a reasonable .accommodation to: ‘participate in this proceeding should, rio later than seven days prior, contact the eeeny listed below.’ -I€ hearing impaired, contact (TDD) 1- 800-955- 778, 1 via Florida Relay Service. . a I£ we do nat nets from you within’ ten (10) days of receipt of this tetter, we will assume you are no longer interested in ereitee prosecution, and we will’ close out ‘the case. WIAA io Bian Assictant’ State- ‘atkoriey’’ MuSwe M2THe Mn TSE G4 aS Y (S421 955 SOvSh 8 eR TS * aie WY 22 ree ; oP am a 4 “iy Rieihae. ; = y BEST AVAILABLE COPY j673172002 98:40. PAL 941 a GS -. $80-RECORDS - 7 ae ae inet ee PROBABLE CAUSRQERIUAVIT _- Pana Eiseo seat Cusp QR\ 72 be AL espe 2 | COLOR EVES + SCAR : att | i acs arg 3t HAL SEC Cary. eae 20 7 -61-We Oo} % ee WA Tracer BIRTH: rR COVER ESS : te re Lay ee NOTU = © SPPOO"-SPP10° SPP20. SPP30 ‘Porta Ghoice 2s. SPP40.SPP50SPPG0.- SPP7O ~ SP Phone List Naval Ordnance T est Unit. ~ Cape Canaveral Air-Force Station | Naval Ordnance Test Unit (NOTU) Serves our country. by : _ Mission’ . supporting and testing sea-based weapon systems in a safe environment.. — ae ne Vision Team NOTU Will be the Navy's premler support center for nayal weapon system testing and program manager for assigned missile support. We will.bo the port of choice for - Visiting ships. ae. Although NASA and Alr Force space launches are well publicized, the Navy Is the largest user of the E Range at Cape Canaveral, conducting over half of the missile firings on the Range. The Commanding . Of NOTU isthe Director of Navy Tests for all Navy activity on the Range. : oe! NOTU was created In’ 1950. In 1956 NOTU became the site for all test firings.of the Fieet Ballistic Miss (F8M) Program, launching fitst from land and then from suibrrierged submarines a continuous series oi Polaris, Poseidon, and now Trident missiles. , : NOTU Is a RANGE USER on a National Range rhanaged by the 45th Space Wing In aecordance with 3200.11. 45th Space Wing provides direct arid contractor support to maintain NOTU facilities. Patrick Force Base furnishes domnitories, family housing, and other support for NOTU Sailors. This Is the official web site of the Naval Ordnancd Test Unit (NOTU) ; _ It {s provided as a service of NOTU MIS at Cape Canaveral! Air Force Station, Florida- Commanding Officer: Captain Jeffrey L. Gernand Executive Officer: Commander Howard P. Miller Chief Engineer: -Dr. Sidney E. Beck Command MasterChief; .MTCM Christopher Horton -_ ; Public Affairs: Ms. Lilllan Bertsch NOTUPAO @ssp.navy.mil https://vww. patrick. af.mil/tenz— ‘Ynotufindex4.htm (isn SONSRRGE 7 = 8o . Telephone ieee i tr peo tts (home) ‘- nonappropriated fund © fo | other (specity}:- ae Senior Executive Service (SES), a a or Executive Level ° (‘i:-) career SES ° : ( ) Execaitive Level V or above (career) fund { ) moncareer SES _ » - ( ') &xetutive Level V or abova (noncareer) ' {;.") career GS-16, 47, or 18 ; (" _) Presidential appointee (Sonate-confirmed) *. (; ) noncareer GS-16, 17,078 | ee fe, e. (XK) Other . ) military officer or entisted person -.) contract éinployee : “) other (specity): aaa ae .} unknown - ; ; {_*) elvit service annuitasit ( X) former civil service employee | '{. -) competitive service a excepted service . LQ OO 71. What other action{s); if any, have you talons to appeal, woe, or. report this matter under any olfier ; procedure? (Check all that appl) | } ‘ ¢. J None, or not applicable Date: a. (>) Appeal filed with Merit Systems Protection Board (MSPB). . * Date: _- Ct a a ( ) Patition for reconskieration of inktlat decision filed with MEPS. fh a a a in Initiat Decision No.“ v't:-. “y ote (-.) USERRA claim filed with VETS (epartient at Labor) . coc: OE a (Form VETS/USERRAWVP-10%0). ings a alee ( ") * Grievance filed undét agenéy ¢ auiéeainse: procedure, ee Date: i... ; ; : ( ) Grievance filed under negotiated grievance procedure * “Date: 2... (| } Matter heard by arbitratot under: grlevanca procedure ° Dale: «. °°: f ; (3. “Matter Is pénding in arbitration’ © . ~ Ie .. Cpe as. 3 Hi as (X} Discrimination complaint filed with agency Date: -8e Ontpmbpa dF; (XK) = Agency or Administrative Judge (AJ) dédjsion on alseiniination a= os ° '*.Ry5! omiplaint appéaled to’ Equal Eniployiment Opportuniiy Commission ovate! Mi th a a (:"). Appeaifiled with Office ef Personnel Management ” Date (X) Unfalé labor practice (ULP) complaint filed with . Federal Labor Relations Authority Genéral Counsel . . Date: Titly 28, ad OS ( ). Lawsuit filed in Federal Cont > Date: Court name: *_. ie Ca” ee ee . ; x) ” Reported matter to agency eat General Wi Dale: Novérher 6, 2004 - (X) ReportedmatiertomemberofCongress; == = = = ° Oate: Tegan 24 2005 - Name of wae) ee Sintrind po 5 (X) - Other (specify): { hiesi de COMPLAINT OF POSSIBLE PROHIGITED PERSONNEL PRACTICE OR OTHER PROHIBITED ACTIVITY. Pagosofi2 ; ; Aina gs 12. What offlclal is responsible for the violatton(s) that you are epeiting, and what Is his/her emplayment Status? (See question 10 for appropriate description of hanael status. If space is needed fo oy | more than tit —— use Continuation Sheet tie 12, e Name; TERR GEES BN Ne Ae LS ASE P RN OR EID) era wg Fs eels fervone SOP GA ea EM VEL RTI orate 3 eA TR zs Ug Soe] CAN 2 "Als aia rsa a REE ge PET 0 = be ATS Fes a Sey? ate SiR ee . 13, What ere the evtona’ or events that you are npuite to OSC? {To the’ extent known, recital ft: (a) any "suspected prohibited personnel practices or cther prohibited ‘activity, other than reprisal for whist other then reprise} for whistlebjoviing; and (b) any personne? actions invélved,) IF You ARE ALLEGING REPRISAL _ SL MRTEEDL Ou is CD) Rate ray SOM SEER ELE: etn gras: aah ne OTE LPIA E Barres mn ; 3 deiasids Le SSS CER LAA Ae i 3 Asietod fits aig 4 MERAAE SS OeA NDT OT ". cpa ee Dalen rou SL ERoe 2 . Provide delete ‘of the actions or events hewn in your response io question 13. (@0 as specific aS possible - ‘ about dales, locations, atid the identities and positions of aif persons meationed. In perticutar, tdentify actual. - —, nner te a ar may’ oe Ps ij : act or Totes ii ital Vite ess 18, What olin weuld yoi like OSC 16 lake | ia md matter (thee is what remedy are é you ea fa re OU See es een RES! Bob CEE 4 2 ME Ea" : a feel BP; w 4 ene eT AEE Le Say ie RRR AUTON | PW RES 29 and potentlal witnesses, giving work locations and. telephone numbers when pe Also, altach any .. * H . th =~ q . oa ° ‘ a COMPLAINT OF POSEOLE PROHIGITED PERSONNEL PRACTICE oR OTHER PROHIBITED ACTIVITY " * Paga 6 of 12 | wusT BE COMPLETED FC PISCLOSED? a. WHAT INFORMATION WAS Bi OSURES REPORTED iN THIS COMPLAINT rae (DESCRIBE MUSEBLOWERDISCLOSURE) The Employing Agency, Naval Ordnance} WAS THE DISCLOSURE MADE? MODNYR) o4 / 16/ 2004 Test Unit, Cape Canaveral Ale eed ; » Statien Wa Slont da. 92920 -1623, ‘ ‘assigned me my ‘ald gu ervison's r government E-Mal] Code, SPP-334,} M y Supervisor, Me. Litovel a Diek] Te was. peceiing pornagraphic. ‘ LE-Maiks: + Jakes, plotdres: aad Felons: chips. fiomASs: Lockheed Martin | pact other contracts bushness | estactates, aS: well as, sendin and receiving nonewon} inscegoe ‘FEM wily from other emeloyia agency ampleyees and sub Bordlctis: en loly 2s. wes tBonad i by Ms, ~ El both Piskraen, §Ple~t, ite 1, OMce,| + {DESCRIBE NE NEXT WHISTLEBLOWER DISCLOSURE} . 2 TOWHOM (NAMEAND TILE) WAS THE OSCLOSURE MADE? | _ MS, Eli; zobeth, Fischman, $Ple-1, natégle Sy stom$ Ethics of¥i'cer. 3. bis RE OF INFORMATION EVIDENCED (check al hat ) MOLATION’ OF LAW, RULE! OR REGULATION, } GROSS MISMANAGEMENT GROSS WASTE 0 FUNOS ix} ) ABUSE OF AUTHORITY -(".) SUBSTANTIAL ANO SPECIFIC DANGER TO * __". “PUBLIC HEALTH OR SAFETY é NONE OF THE ABOVE nae 4: WHAT PERSONNEL ACTION OCCURRED, FAILED TO OCCUR, ah” ORWAS THREATENED GECAUSEOF THE DISCLOSURE? (List aie teens arian munbers trom pages 45) ; : ( Norbers. 3,4, 7, 2 Jo. 14 rategic. Sy Sy naire is fe, ee reg if hate Fe hion an ena gaorh Othe 718 | calge 06/25 / 2004. - BW eee NEB. G rs 5. WHEN DID PERSONNEL: ‘AETIONS} OR THREATS) OCCUR?- - (MODANR) - - vi St) 1 "WHEN WAS” THE DISCLOSURE! MADER (ManArR) 2 TOWHOM (NAME AND TITLE) WAS THE DISCLOSURE MADE? - 3. DISCLOSURE OF INFORMATION EVIDENCED (check ava that ‘app } MOLATION OF LAW, RULE; OR REGELATION )- “GROSS MISMANAGEMENT . ) SUBSTANTIAL AND SPECIAC DANGER TO |: PUBLIC HEALTH OR SAFETY: : ; ee: NONE OF THE ABOVE’ a = 4. WHAT PERSONNEL ACTION OCCURRED, FAILED TO OCCUR "| ORWAS THREATENED BECAUSE OF THE DISCLOSURE? (st a egphabtopeaeinnl sates numbers — +5) : 5, WHEN DID PERSONNEL ACTION(S) OR THREAT(S) OCCUR? (MODAIYR) i? KEE ee ee “NE fa 3 COMPLAINT OF. posstate PROHEMrED PERSONNEL PRACTICE ba OTHER PROHIBITED aActiaty * Page 7Zaf 12. ‘WHEN WAS THE DISCLOSURE MADE? {MO/DA/YR) R) |Z. TO WHOW (NAMBAND TITLE) WAS THE DISCLOSURE MADE? } DISCLOSURE OF INFORMATION EVIDENCED (chack all that apply): . 4% VIOLATION OF LAW, RULE, oR REGULATION. -) GROSS MISMANAGEMENT __ w - . (- a Ao Oe dea) aaa 2 ° ; Lae ee ee ee WHAT PERSONNEL ACTION OCCURRED, FAILED TO OCCUR, ,c¢ ry OR WAS THREATENED BECAUSEOF THE DISCLOSURE? (Ust af _* Naat la co oe eee . ei ke ie ; ENSE PESO ACTER OR TENT OCOTRT NSS ee ae (MOAR) - . 1.. WHAT INFORMATION WAS DISCLOSED? e {DESCRIBE NEXTWHISTLEBLOWER DISCLOSURE} . : ‘s ‘ 2. TO WHOM (NAMEAND TITLE) WAS THE DISCLOSURE MADE? 3. OBCLOSURE OF FORWATION EVOENCED cereal () VIOLATION OF LAW, RULE, OR REGULATION. ") GROSS MISMANAGEMENT ) GROSS WASTE OF FUNDS ) ABUSE OF AUTHORITY ); SUBSTANTIAL AND SPECIFIC DANGER TO PUBLIC HEALTH OR SAPETY ’ | __{_) NONE OF THE ABOVE __ 4. WHAT PERSONNEL ACTION OCCURRED, FAILED TO OCCUR, me cey . , 4 me THREATENED BECAUSE OE THE DISCLOSURE? ; oe s yt seen (Lt 2!) appcabi personnel action numbers from pages )° ee) . 60) DY): Name: - =e pene : Address: _. ae i Ss aS ae . @ . a * *. . e . - » . Telephone number: {~ thes Ne ete ie - Sees Explain why you befleve that the percent action(s) listed above occurred because of the disclosures) that, you described. (80 as specific as possible about any dates, locations, names, . and positions. of afl persons. mentioned in your explanation: ta particular, identify actual and’ poventiat withassés, giving work locations and telephone numbers, if known. Attach a copy of any documents that suppoit your stotements. Pigase - prmvide, if possiblo,-a copy of fi dou acthotst savaced ‘nteuer complaint, enie eereeanstee use Continvation marianne 12) s koe Eoindsies es sstithos “gel with, : : “y iali El dig aeons af I wes the ene who = iahis coatn poor ce Fs8 busiae astochetes porneg A204 1A COPY OF THIS AGE FO or Your Mao , pin nena sc a Ose one everyone who files a oui ast allegiia a possible a — practice or odie prohibited aciMty to select one of three Cansen. Statements shawn below; bu. m 8 3 Please: (a) select and sign. (or check, it fi filing electronically) one of the Consent Statements ° - belaw; a tay keep a copy of the Cansent Statement you select {at well as a copy of sii documents that you send to. OSC} for your own records. If you initially’ select a Consent Statement that restricts Osc's use of information, you later select’a less. restrictive Consent Statement. if your selection of Consent Statement 2 or 3 prevents ray from being able to - canduct.on investigation, an OSC representative wil! contact you; explain the’circumstances, and pravide you. with an opportunity to Selecta less restrictive Consent Statement. - You should be aware that the Privacy Act allows Information in OSC case files to bo used or disclosed for certain ° purposes, regardless of which Consent Statement you sign. See 5 U.S.C. § S52a(6). Information about certain clrcurnstances uncer which OSC can. use cr disclose: information under the Privacy Act eppears on the next , Page, .. . Consent Stetementy . es ; (Please sign one) i} 1 coriseat to asc's commuenteaiqn: with the agency testent tn my ‘complaint. 1 agree to allow OSC to disclose my Identity as the complainant, and Information from or ebout me, to the 4 ~~ if OSC’ decides that such . disclosura is needed to Investigate the See oy complaint (for example, to request information from the agency, or seek a possible resolution t in of corrective action). { understand that regardless ~ of the Consent Statement | choose, OSC may disclose information from my complaint file when permitted by aes , ‘Privacy Act (Including rer summarized in Part 5, below). . - it een hind (icke} Db Augist2005 * Complainant's Signature for Consent Stalement 1 : DateSigned ws C- ae _ Consent Statement 2 . ie ae | consent-to QSC's communication with the agaacy involved In my complaint, but! dq not agree ta allow OSC lo disctosa my Kientity as the complalnant to that agency, t agres fo allow OSC to disclose only Information from or about me, without disclosing my name or other identifying information, If OSC: decidés that such’ disclosure is . teeded to Investigate the dliegation{s) im:my complaint (for example, to request information from the agency, ‘or seek a possible resolution through. mediation or corrective action). | understand that in some circumstances. (for. example, if fam complaining about my fallure to receive a promotion), OSC could not maintain my ity while communicating wilh: the agency Involved about.a rpecific personne! action: ta such cases, | understand - .” thiat this request fos confidentiality might prevent OSC front taking further action an my complalint. | also understand that regardless: of tho” Consent Statement § choose, OSC _may disclose [niormation from my . complaint fio when paced by the Privacy Act (including wroumstensed summarized tn Part §, wecuiil Saag Signature for Consent Statement Date Signed a — ms: ey aan aS Consent Statement 3 ae eee es Ss ae ‘ ‘ do pal consent to OSC’s communication with the agency involved In my complaint: . | understand that if osc decides that-it cannot Investigate the ategation(s) in my complalnt without communicating with that agency, my ; lack cf consent will probably prevent OSC from taking further action on the complaint. { understand’ that’ regardless ff the Consent Statement | choose, OSC may disclose information fic my complaint file when "permitted by the Privacy Act (including circumstances ommend in Part 5, below). - Campisinant’s Signature - Cansent Statement 3 wa Dale Signed oe RA-124 \ COMPLAINT OF. POSSIBLE PROHIBITED PERSONNEL PRACTICE OR OTHER PROHIBITED ACTIVITY chs 10 of 12 ; io ! sartty that all of the statements made In this complaint finctedieg any ‘continuation pages) are true, - compfete, and correct fo the best of my knowledge and bellef. | understand fhat a faiso statement or ’ concealment of a material fact is a criminal offense — by a fine of up to sate 000, en for up to five years, ¢ or both. 18 U.S.C-§ 1004. Routine: Uses. Limited disclosure of intorriiatiot from OSG files Is needed to fulfill OSC's investigative, prosecutorial, and related responsibi'ities. OSC has described .18-routine uses for. Information in its files in the Fedora! Register (F.R.), ai 66 F.R: 36611 (July 42, 2001), and 66 F.R $1095 (October 5, 2001). A copy of the routine uses is available, om OSC upon aaa ’ A suramary of the routine uses appears below. OSC may disclose information from Its files in the folowing clreumstances: “4 to disclose that an allegation of prohibited personnel geneteee of other prohibited ‘activity has been filed; 2 to disclose information to the Office of Personnel Management (OPM) es needed for inquiries lwvolving elvil sernice laws, rules or oo. or to obtain an advisory opinion; A 3. to disclose information ‘about -allegations or complaints of discrimination to entities emnnnt with . enforcement of antidiscriminatian laws; : 4° to 0 the MSPB or the President, w when secking disciplinary action; 5. to the involved agency, MSPB, OPM, or the President when osc has reason. to believe that.a ener, ame ee has eceured, exists, or is lobe: taken; 6. te aiclose oformation to Congress in OSC's sanuei on . 7 & auine in‘ormation to third patties as needed fo conduct an Investigation; obtain an agency ; investigation and report on information disclosed to OSC's whisteblower disclosure channel; or ta give notice of the status or outcome of an enter’ ; &. to discdose informitition as needed to cbtatn information about hiring or tania of an ‘incibyee; issuance of @ security clearance; conduct of a security or suitability investigation; ener of a contract: or . issuance of a license, grant, cr other benefit; As 9 to tho Office of wmanagennet and Budget (OMB) for cestain legislative coordination and clearance purposes; * | = 2% Crapcene:nesiate, salt Ott imal An agency may not conduct or sponsor a collection Of information, ‘and persons may not be required to resporid (0 a collection of Information, unless it: {a}! has been approved by. OMB and (b) displays a currently valid OMB contro! ‘number. The informaticn in this form is collected pursuant . to OSC's ‘Jegal responsibility to investigate: (a) allegations of prohibited personne! ‘practices, to ‘the. exten necessary to determine whether there: aro reasonable grounds to believe ihat'a protibited personnel practice has occurred, exists, 6r is ta be taken (5 U.S, C. § 1214); ‘and (b) other allegatons Of prohibited’ activity (SU. S.C. ~ § 1216). The Information will be reviewed by OSC to determine whether the facts establish its jurisdiction over "the subject of the complaint, and whether further Investigation and corrective cr cisciplinary action is warranted. : The teporlirg burden fe for: this cojlection of information is, ‘estimated to be an average of one hour and 15 minutes. per fesponse,: includ ng the aie “foe reviewing ‘nstnictiens; Searching ¢ rising data sources; gathering | the data needed, and completing and reviewing the form. Please” Send: ‘aiiy ants about this burden estimate, and suggestions for reducing the burden, to the Office of Special Counsel, Legal Counsel and Poticy Diviston, 1730 Mo Sbest,-N.W. (Sute, ‘218),. Washington, oc 20036-4505. Uso of this form to file a compiaint alleging a prohdied personnel practice or other prohibited ‘activity is Sa * “Se Of this to file a complaint alleging onty o Hatch Act violation is not required. 5 C.F.R. § 1600.1(d), as amended. As stated In Part 3 of this form, : enna may reduact that osc maintain thel name, and Information provided by trem, it in confidence. es Jae) — eo oe O}IBITED PERSONNEL PRACTICE OR OTHER PROHIBITED ACTIVITY * COMPLAINT OF POSSIBLE PR Page i2 of 12 . KEEP A COPY OF THIS PAGE FOR YOUR RECORDS U ARE ALLEGING REPRISAL Bae V/HISTLEBLOWING) ———_———_-—- 650 Dixea Bled, Apt *228 Coe on ’ Flericbs 32972-7542 en ee 4 ee E BO Farmseny AO0S Caphata.» William H, ction LUISN ... Naval Ordnance. Test Unit _ _-f.0. Bex -1EZZ... s ssiadlabitiliarie eed ss tek pas ee a Cape. pacery Fleaide 32920-4623. SS Ak eee ee ee Ot A me mee oma ubjs 04; ecticataT: slyphen a Te astinewyof, Campliadtoat by QacS te Office _ un ——0f-_£ ompliaats. In vest; gater_on.Thu esduy aad Fristay, Feb. 6-7 2083 _—Caphata Willian HSorgen 3 os = ae FoerTy Late. Lan ie Mali id i lation wtioye. Pee me _._cemplaints.has bailed te 2 yailel a. satshactaey.. cious -" ..-pactiss.. Therefore, asthe Nott decidiag LEO reprasettative, I need Fe reg ues tyou a.permissi enter ivemy tettlonan ay bn person. ts the OCT. Invettigatne a dui ng-h ex_visit tothe NOTU Commancd on Thuesday aad Fridny, february. _ 27,2003, Also j Eneed Foask you te provide the day tions contact wteleghent numberof In specter General Captain Angelika Evangelist, _..-HENR te the OST Investigator. Finally, 4 need teask to prevideme. Ht copy. __0f the Cape Cuneveral Air Feone Station Secwity Palice cepents.onme, aswallas -.Standand Ferm $0, Notification ef Personnel Action, regacding my. Suspension. ~F#Tdenet hear bask from yeu.iv.weiting within. T days Proer dete of this deter, Iwill assume that yeu are denying my requests, THANK Ye For yeur . time, attertian und assigtanes in these requests. Ver y Respectfully, pe ys PA-425 Boo hr. Schad Fee — ———— UNI TED STATES. & POSTAL SERVICE Date: 09/16/2006 harry schmitt 7211 CAPTAIN KIDD AVE SARASOTA, FL 34231 ToulDasPestardaDoullassstUlenall Dear harry schmiitt:- _ The following is in response to your 09/16/2006 request for detivery information on your Express Mall item number EQ84 9159 307U S. The delivery record shows that this item was delivered on 09/11/2006 at 07:23 AM in CAPE CANAVERAL, FL 32920 to B CAPPS. The scanned image of the recipient information is provided below. Delivery Section Signature of Recipient: 16 bare We fat ge aa Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, anes contact your:loca! Post Office or postal a iktaaeamatiat Address of Recipient: Sincerely, | Date of Injury: 12/15/2000 Employee: Harry Schmitt HARRY M“SCHMITT 650 DIXON BLVD APT. 228 _ COCOA, FL. 32922 Deer Mr. Schmitt: This is to notify you that yaur occupational disease claim has been accepted for the condition(s) | of: Diagnosed condition(s): ‘POST TRAUMATIC STRESS DISORDER, ACUTE. - ICD-9 Code(s): 308.3. The FECA provides for payment of appropiate medical expenses related to your occupational disease following proper submission of charges to this office. Bills ehould refléct the above ICD- 9 code(s) to avoid delay or rejection of payenvert. "Lost time from work may be claimed by fing Form CA-7. Any claim for lost wages must be ° "submitted through your employing agency. They.will complete the pay rate information and. prepare a Gay diy-oay absence analysis showing your pay status during the period(s) claimed. TO EMPLOYER: iF AGA-?. is FILED CLAIMING COMPENSATION FOR WAGE LOSS, PLEASE ATTACH A COPY OF THE POSITION DESCRIPTION (INCLUDING PHYSICAL REQUIREMENTS) FOR THE JOB HELO BY THE EMPLOYEE WHEN DISABILITY BEGAN. - If you have any questions regarding your claim you may contact me at the above address. f Maggie Fernandez Senior Claims Examin Enclosure: "Guide for Claimants" containing useful information NAY NAVAL AIR WARFARE CENTER TRANG SYSTEMS DIVISION CODE 7311 JC 12350 RESEARCH PKY - . LANCO, FL 32826 : C ome O PA-128 ~—— a . 5 C3 | | File Number: 062048358 , ; JAXLETTER43-0-P . U.S. DEPARTMENT OFLABOR , ; . ' EMPLOYMENT STANDARDS ADMINISTRATION OFFICE OF WORKERS' COMPENSATION PROGRAMS PO BOX 8300. DISTRICT 6 LONDON KY"40742-8300 - het Phone: (904) 357-4777 November 12, 2002 ecm as Dato of Injury: 12/45/2000 -. Employes: Harry Schmitt HARRY M. SCHMITT - 650 DIXON BLVD APT 22B COCOA, FL 32922. ee Ns Dear Mr. Schmit: = ; | : Unti! further notice, you will be pald compensation under the conditions set-forth in this letter, Except as noted below, whenever the evidence in your fite indicates that you are no longer disabled because of your injury, the Office will-send you a copy of that evidence and provide you an opportunity to comment on It.or to submit other evidence supporting your entitloment, before a decision is made to terminate’ compensation. : ~t However, you should be aware that payment of compensation will be terminated without such notice whenever this Office is notified that you have earnings equal to or higher than the wages being paid for the job you held when injured. ; ; _ Weekly rate of pay used to compute gross compensation: $1,217.69 Percéntage ot rate of pay: 2/3. Cost-of-living adjustments (it applicable) have increased your gross weekly compensation to: - $N/A at this time a : "+ First Payment: ; 7 ~ For Period from 8/13/02 to 11/02/00 Gross Amount: $9,579.12 Health Benefits: $328.35 Optional Life Ins: $118.80 Basic Life Ins: $10.23 Net Amount: $9.079.59 Regular Payment: - For Period from 11/03/02 to 11/30/02 RA-129 File Number: 062048358 JAXLETTER43-0-P Gross Amount: $3,247.16 : Health Benefits: $119.40 ~ Optional Lite tns: $39.60 Basic Life ins: $20.46 ~ Net Améunt: $3,067.70 if you have optional life insurance, basic life insurance and/or health benefits coverage, but no deduction for it is listed above, contact this Office immediately. You continue to be ee for these premiums. You will be paid each four weeks at the regular payment rate shown above, eon that you | comply with the instructions set forth on the enclosed EN1049. Read the instructions carefully. ' They’explain your responsibility for seeking work suitable to your disabled condition and for your reporting your efforis to find ee to this Oitice, In order to avoid an overpayment of compensation, NOTIFY THIS OFFICE tMMEDIATELY WHEN YOU RETURN TO-WORK. Each payment made through the Office's automated system will include the perlod for which payment is made. |f you have worked for any portion ‘of this’ period, you must return the check to this Office.. Otherwise, an overpayment of compensation _may result. Also, advise us immediately of any change In address or of any change in the status of inte dependents. ; (Note to inate Please notiy this Office immediately when the claimant returns to work.) Sincerely, ; Approved by Sharon Dawkins at '. Alida Anderson Claims Examiner Senior Claims Examiner . Enclosure: ENtO49 ‘ " . NAVY NAVAL AIR WARFARE CENTER TRANG SYSTEMS DIVISION CODE 7311 JC 42350 RESEARCH PKY ORLANDO, FL 32826 C O PA-130 (DFAS-CH/P) _ » MEMORANDUM ~ LEAYE BUY BACK . EMPLOYEE'S NAME: Harry M. Schmitt SSN: 265-35-4432 | DATES OF LEAVE. BUY BACK CLAIM: 08-27-01 TO 09-28-01 l: I elect to pay $754.95, my portion towards repurchase of my leave, in the following manner: . . xX Lump sum. Please indicate payment is for 2 leave buy Back. MAKE CHECK PAYALBE TO ; _DFAS-CL DSSN $522 _ Payroll deduction - ——_.. _ Telect to have payroll deduction fia the amount of $ ° __(Minimum | deduction is $25.00) each pay period until my Batance is pald in full. Deductions to’. start upon receipt of this form. Leave will be restored when balance-is patd i full, ; ___ 1 elect not to buy back my leave. Signature. Base, Lr Schrik * _ Daytime Phone Number 924.-64'7= 7442. Database: ZGT Rast Pay Block: 300 Mailcheck to: DFAS, Cleveland Center PO Box 998010. ~ Cleveland, Ohio 44199 ee - DEPARTMENT OF THE NAVY * VAL AIR WARFARE CENTER TRAINING SYSTEMS DIVISION 12350 RESEARCH PARKWAY - ORLANOO, FLORIDA 32826-3224 ‘ IN REPLY REFER TO" 8. February 2005 © “1 Captain Kidd Avenue Sarasota, Florida 34231-4718 Mr. Schmitt: ‘This letter is to advise you that your, Worker's tosiasiien om was transferred to’ | Navy Region Southwest, Human Resourtes Office, 937 North Harbor Drive 6 Floor, San Diego, CA 92132. This was due toa transfer of function realigning your previous position to the Program Management Offf tce, Strategic Systems Program, Sunnyvale, CA, _on 5 October 2003. Please direct any future correspohdence regarding your Worker's Compensation claim, number 06204 8358, to the San oe —— _ REGINA S. DUNCAN - Homan Resources Specialist i () ee PA-432 = 7214. Captita kid! Avenue. - o Sara sota 1 Fle viedaa. F231. ~ F748 May 23, 2006 | 2 oe eS Date a? Lojuny: 12/46/20. " QWEP File Numbies O620¥8I5$ . RECONSIDERATION REO WEST oe |. DOL, OFEC. Central Matil room . ‘aP 0, Box 8300 ; wwebonden, RY YOM ca a Claim Exaciner.: E reguast: REGONELOE RATION. of mye wn on the, penta: 2 ae A vislibion otf tHe Privacy Met of 197%: by. the. Employing Siti Naval. Ordoaa ca. Tast Moit, Cape Canaveral bir Facet Station, Florida. ra My: Privacy , Ack Violation hy.the. Empila axing. Agsosy ‘concerns is Rortac Cathy 2, Mlabn.y. Decmatalagtst, aad Ddztor Scott ened “Paychta feist. My Medical Privacy Act. Vislatien js cupoently being; . reviewed. by the United. States Marit Systems Protectan ‘Beard. =.” a TAR. evidence ot cny Medical Fri wacy Aart: Vialiben hy the Employlag . ‘hie NorTu, inclades medical reports, Sworn ctatimeats ond Aegal.argument aat: prav(aush he submitted.’ THANK YOu for yaur time dad consideration of my RECONSIDERATION REPUEST, GODELESS! Toke Cars, Sincerely, , Fer, SRnte' Harry M, Sahmitt PA-133 . = 7241 Captain kiddel Av enue. Sarusota, Florida 34231 - #748 , May 7, 2006 OWCP File Neimber: 06 2048358 Date of Ln juny : 12/15/00 jy &. Depertnent of Lobar a Attat Fnivasy Aot Officer I Branch of Réguletiens. aod. Procedures ' ‘ ESALemePLD FEC, Ream.S>322? si 220 Canstitutidn. Avenue, NW. . Washiagtea, OC. 20240 Dear Priva cy Act Officer: ' i Iam writing this. letter. te. you te infor you. of my melee / a Privacy Act Mire lation hy. the ervpleyiing. Agency, Naval Ordnance | 1 Test Unit; Cape Conavecs! Air barca Stubian, Flantda. Lreguest a f a written response infenming meet my sights and nespensih ilities a concerning my med? eal Feivacy Act Vielei#ian by the eryplaying iagenty aS Sean as possible ... THANK You: tor yaur Ti me aod respanse i book te sreian this Privacy Act Vielatien mattese. GoD BLESS! Take Care,. .. f | Sta cerely, Bevesy how: Schwch Harey M, Schott Q. O is PA-44H4 > . ‘, i sig erik Fd -Linita K Erickson, LES.W. 2750 Badia Virta "Suite 108 a . Sarasola FL 34239 . Phone 941-951-1500 Fax 941-952-9400 * ’ June 07, 2006 / a. a U.S, Dept of Labor Update of Harry M. Schmitt who continues individual counseling for Post Traumati¢ Stress Disorder on a weekly -basis. This condition is the direct result from his treatment after reporting sexual inproprieties in his work place, He. was barrassed and threatened by his direct supervisor Who was involved in the sexual inproprieties. The barrassmeat was perpetuated by other indivicuals in the work place setting. He continues with medication prescribed by Dr. Scott Penusley a psychiatrist. Please let me know if I maybe of further assistance in this matter. . Sincerely, _ Linga K-Brickson a Kevin J, Dunn, M.D. . Family Practise | Ger ae & ‘Barry }. Stein, M.D. Lausence 8. Levenberg, M.D. - Alec M. Rubin, M.D. ‘of Sarasata Your chatce fer sxial Ractth come. Family Practice Associates _ 6128 S. Tamiami Trail « Sarasota, FL.34234 Internal Medicine / Pediatrics Mark H, Brus, M.D. ' Kristen L.. Paulus, M.D. - Carol A. Philips, ARNP J. Lynn Griffin, ARNP (941) 923-5882 - (944) 923-3836 (Fax) oi June 17, 2006 | United States ieneis of Labour Employment Standards Adm inistration Office of Workers' Compensation Programs -” Post Office box 8300, and District 6 JAC London, Ky 40742 : - Employee: Harry M. Schmidt _ Vial # 062048358 * To whom it ‘May concem: I reovahuated Harry M. Schmidt on June 15th, 2006. His medical problems remain well controlled at at this time. He is continuing follow-up with psychiatry and counseling for pentetmees of posttraumatic stress disorder. I an managing acute — as they occur. Sincerely, - Viark H. Brus MD, FACP-F. | PA~196- cn - . i r ; a. . : C - ; . . ‘ > . . : * UNITED STATES OFFICE OF PE RSONNEL MANAGEMENT - —_— DC 20415 . ‘ Homan Capital Leadership k * and eve orl ee ie ’ bility Division , . ‘ : Accountability Di re AUG ‘18 ae - Mr. Harry Schmitt + 7211 Captain Kidd Avenue ; ; Sarasota, Florida 3423) _ : oe » Dear Mr: Schmitt: Thank you for the salieomesebaiaih copy of requests you have er to sila President. the Federal Labor Relations Authority, other organizations, and to the Department of Navy including « an Equal Employment Opportunity (EEO) complaint. . It appears you have followed the proper procedures needed for handling the an * complaint and the ‘other i issues for which you are secking resolution. » While the Office of Personnel Management bas no authority i in these matters, we appreciate your contacting us and oops that these matters are settled to your satisfaction. Sincerely. ; Marta Brito Pérez Associate Director Human Capital Leadership * and Merit System Accountability wowsen.cav Gur mission is to ensure the Federal Sever ass bas an e‘fective civilian workforce wwm.wsajeby gov 2 ee gees) DEPARTMENT OF THE NAVY be OFFICE OF THE CHIEF OF NAVAL OPERATIONS . WASHINGTON, oc 20350-2000 : WLREPLY REFER TO * 5500 . ‘Ser NO9N2/6U871232 ; SEP 15 2006: Mr. Harry M. Schmitt 7211 Captain Kidd Avenue Sarasota, Florida 34231-4718 Dear Mr. Schmitt: Your correspondence of 1: September 2006 requested ; reconsideration of your security clearance before:‘the Personnel Security Appeals Board. Your clearance was ‘revoked by the Department of the Navy Central Adjudication Facility on. 17 June 2003 and that decision was upheld oY the Personnel Security Appeals Board S Dec 2003.: Reconsideration of' clearance eligibility is baséd on an | official need ‘to know, as.identified by a Department of.the Navy requesting authority. Clearance eligibility cannot be ‘established based an individual vanes aassit ah - The CNO' NOSN2° point of contact for this ‘matter is Cassandra Borden at (202) 433-8844 or CAborden€ncis.navy.mil. — - 7@.- R. ‘SONTAG ; Assistant for taformetion and Personnel Security LT NS se: embers vermin: ~, a ea CG: AN aphaln Hild Aden. tae one Aen & shaceapenee Sadana, Elecina D208 lei ae. ieaaeeeet September 22. 7 Rete. z . m siecle ceili as Sa Dake af En} aay 3 jA2lt6 oven Y Dot owee pileNa. Oh 20488358.” ee rs a apa bniead ap the Na ny, th eddguarteos Navel Gniminal Lavestiy ative Seavten. ‘Attia. 1 MS. Cassanctaa Barden (202) 823-8644. - : 716:Sizecd.Sdeeet 86, Suibe 201 40 satinpnceeill Washington lary Yaad NG. 2asbtéSte al (itacnl Pasay Pal hing Badly te ser pn naa — 4 Baer Ms Cnsceadea Grodan | iS aetnenenstinie Patan | 3 Hacay Michan) Sli banyak dlink aha aten ath: ra eT eee ee es es ee es Lai dian | Me Ana tant Hein is Oia ahaha fae weet ed ~ te Pi Millom. andthat.D hecamt. upset. cute hee ingly. ME Arn. CAF Znves tigaton th atthe cariet cme askingahaut Me Catly. ‘in a a B Tones’ shatament ti DON CAE Lave estlgaten. is alse. ie eg —.. Net Mail. Tnvectcga tive Seeules touindony lettee ta De: tilly as b PL DAD bas. an. my. Monk Conputon at NoTu arti ZT had. been — Gre EU: eMC RON Core os. owe filaflas LO 2e#e36e = Oe Aldtaaad dean thy MED wacliplean by LDA Mk. per | Steeeas ao Mannh 25,2002. This was partet Jatin til igaialiebe e ——the_carrclenb Bin eimai ne suai alina ; eae sible became Wis» pls iaatanacaese aa Pa ee u nclan penalty of Aelany pri i fadiny Shchalhcchishilaiieit ss. Ta Henan sinernsAn Bit nah aon passa Neaecialpiy ni ie dn Form. atian pod belied. —sn a ~_ ‘ , Date iii ii Altes Sigs —— . aa ~L ens: Sitinahin Sta. micas: Miia Rae ie DOM CAF. ° a aor OAT _Dinecten SSP. dina’. dash eken .b dekpeiiainige. bau s ahaha se _ fl 0, ONS- 36.2. - ~saeumenai ie A. . on OS Cathy P.. Milam UF | a ra idle ia un - S bikcoean iia i ales ral oe eee a Se nee ee sit calthaeda ee ee ee ye eg ; RR sa ieee seas es mn ae aoe - Hit Stites Senate WaShnaTont. o¢ 20510-0805 . BILL NELSON +t. FLORIDA December t, 2006 Me Harry M. Schmitt. 72k { Captain Kidd Avenue . _ Sarasota, Florida: en 18 sae: Mr: Schmitt:, ‘ “Thank you be contacting my. office regarding your ‘health benefits and the comptzint you ° filed: bs appreciate being pete aware'of y your concerns. and will be pleased to look j into ‘his . matter. on As 2. .*. Sat Be / m : -, Currently, I am in touck with the U.S: Deeds of Health an eens, ‘Sévices, Office : ‘ of Civil Rigs on yor behalf. As sooh as [havea response; if will share the Tesults with you. é' ‘Adioha, thank 5 you: for. Conitacting my office.’ I want you to know that as your U.S. Senator from Florida, I welcome the opportunity to serve you ift can assist Lane with any other tnatter, ’ please do not hesitate to let me know, : ; ‘ BN/jrl PALA kt er = United ‘States Senator Bill Nolson, Landmark Two, 225 East Robinson Street, Suite 410; dilande: ‘Florida 32001, or _.. Telephone: (407) 872-7161 * Toll-Free in Florida Only {888).671-4991. © Pax: (407).872>7165 - http: ifdilinelson. senate. gov Ce p . he G Earry M. Schmitt 7211 Captain Kidd Av, Sarasota, FL © 34231 SSN 265-35~-4432 College Claims Department: : ‘3 November 1995 Student Insurance Division =~ aie P.0..Box 809025 ' Dallas, Texas 75380-9025 Dear Sir/Madam: . { dispute your company's decision regarding my recent claims for medical services based on: services rendered without a student health service referral.: I go have on. “record, at the University of South Florida's student’ health, -referrals. Your company: is welcomed ta contact USF student health center for conformation of the veferrals. Specifical- ‘Ly, Dactor Meadows or Doctor Gerley can assist your company in this matter. You may contact them at phone ¥ai3-974. 2 . . i. . = . - hank you for’ your time and assistance in this matter. If you have any questions regarding this dispute, your . company's representstive may contact me ‘at. phone# 941-923~ 2253. Again, thank you for your company's time in clearing up, this problem to our mutual satisfaction. Regards Sat + ‘Harry M. Schmitt ece:' USF SHES Records Dr.. Meadows Dr. Gerley ~~ ‘ . PA~4H2° | ds Referral Slip UNIVERSITY. OF SOUTH FLORIDA | . a . Student Health Services’ . 4202 E. Fowler Ave; - SHS 100 Tampa, FL 33620-6750 Telephone 813-974-2331 FAX 813-974-5688 | ee 27-96: a Mbit mae os 25-32 = Lod 7 here> : | : Sarg Vein HY RAE Aa « ee ; rs ° Please includes social security number on ail retyrn corvespohilence. USF Student Health Services is not responsible for any financial obligation incurred from this referral. Neenlredern) wax (Ad PAAYS BEST AVAILABLE COPY : 7211 Captain Kida Avenue Sarasota, Florida 34232 "2h December, 1995 Mr. Martin Silbiger Dean, College of. Medicine . bee . ‘University of South Florida : _ 12901 Bruce B. Downs Blvd. ‘ Tampa, Plorida 33612 ‘Dear Mr. Silbiger: ‘ I’ felt’I needed to congratulate your college's outstanding performance regarding your physician trainirig program! I am a graduate student enrolled in the College. of Engineering. I have been fighting an. extremely persistent inflammatory ‘dermatological condition for the past 22 years more or less: ‘on my own due to the location of the- breakouts. I+t was not. until .the past 5 years that’ I found the courage to admit-to myself that-I was losing the war against this condition and. . Sought out professional assistance..- : - Sey: ‘I.was‘referred to a physician of dermatology for the above ‘cited. condition.. I was truly Surprised. by the compassionate - reception I was afforded by the physician and her staff! The _ courtesy and professionalism. of the phySician and her staff ‘are impeccable! They made me feel quite comfortable discuss- ing the- skin flareups. Because of the physician's advice and - Kindness, I have been able to regain. godd management over: ; most.of the problem areas; and I have even been‘able to achieve complete remission of the- skin problems in some areas! it has. not been easy on either the physician‘or myself to . _* maintain this. treatment level; it is definitely a team effort.. . Even when I get into trouble with the treatment plan, she and ' her staff always greet me with-a smile when I go to her office for additional guidance. : It was not until the recent’ past, Mr. Silbiger; that I discoy--: - ered that the physician of dermatology whom'I was visiting on . @ regular basis is herself a. graduate of-the USF College of ' ‘Nedicine!- You. could have pushed me over with a feather, Nr. - | Silbiger, I was so shocked by this ‘fact!: The: physician to: whom I refer is Doctor Cathy-P. Milam. . Now that I am aware of this fact, I am even more: honored to be undér Physician Milam's -care. Mr. Silbiger, if: ypu continue to graduate such high . caliber physicians, such as Doctor Milam, you will realize your - goal to have a USF physician as the United States Surgeon _° - General in the near future!! If Dr, Milam ever decides to pursue advance: studies in her Sield, I would wholeheartedly. _endorse-her for full:professorship at USF. Thank you for your . time, Mr..Silbiger; I have enclosed-a. gift of $100 toward: your. collegs zt 6 “Taz oi an sTUS ae Indeeo | at ot ee ar a Th 1e4 " ssmudav “ay eS PeWIN AWN ; seeve Vanes VAGSYEVS , , AEVSSIIIN ATIVOICDY ie, wi cof 0 STE - ie i MSO. byt pr, rea 2 orzs-voc (irs) . , ‘ ‘ Sttrt: WOO NEDSVEYS — ee “AANBAY ATSASOS OF *SOSLI -. ~~ kntmsofeymenp + eee Kio jomuirnp : & ™t anv ‘NYAITINS. ONZSTBLYN . rX "ie ae ase 5 dif 8+ Q..3 2S in Bett Sao ~. 23% 9. | es Fe aa e262 6 7 w2os S “ann lL Oz; 3 = x2 : Q. ma? = 4: ee BE ow SD pet * SM gg We S 7 Je at ; a - ap, St a aad en , 4a gs g iJ * = £ . , ; an Rs GS. 2 Dee ae Se 895) 3.238 eSs(e eH. q -* syteeee-nue W820) LasorloWae 30 ul ' (ure AXYSSIOIN ATTVDIOIW KISSMAMEE, FL 34742-2269 1705 HIGHWAY 27 N, \ as 202 DAVENPORT, Fi 3363 ~ phn apne rou SURE 212 GARLAND; Fi 3: in onder > vay “Pi EDGAROO MERCADO PAG LIC. #. PAX 0000285 "MA MONTELEORE, PAC * B93 W, OAK STREET, SUITE 103 (407) 846-2546 SKU _fo4t) a2t-atse . (407) 239-7546 AGE — ma OAT 02-00 for tha brand name p MUst wilta "Medically Necess _ndt® AO Pe a q “os ret Yow o8 © ~ $sauday FLOPS POPP O27E-9¢ {96} 6iPE YATE "VLOSVEVS SWYN below the signaty BANSAY ATAGSO'S OFLS Apter olojomunp - ',> Adoypreusp oxen /Spoms wet to be dispensed, the pregcaiber CADESC23739 ane agen aguas: te ivé “CA ‘WWI d AHLLYD Le sun - ., * LEONARD SCHWARTZBAUH, AD, ~CAROL PHILLIPS, ARNP = Lc. #: RN1796082 - 6328 S, TAMIAMI! TRAIL SARASOTA, FL — 941 233 35682 — Name... ave > aan = a AGO... BELOW MUST APPEAR nenecn 1AtO ne mnintoncnnennne = i — R nl CT Taber Retil___times ted - ena presen fom ASSOCIATES Wt DERMATOLOGY : TLE. MD.” Aah ou} taeaven as shin Ora e . UC. # PAX OocozeS MA MONTELEONE, PAC 93) W. OAK STREET, SUTIE 102 AUSS-MMEE, FU 5«742-2289 €407) 648-7546 (SIN) ; 1795 HIGHWAY 27 HW, SUITE #0 OAVENPORY, FL S283?—. » (dt) a2i-atse CRLANDO\*L 32009 4407) 398-7540" NAME FIG SS ee _ ADDRESS __ oare(D-ZO-¢ es a Uxten iia boow | ar Pro duct to be dls ne dhe: n Nocetsen batne the Sippencee the prescriber ~ Inorde c toh roust write ‘emit To: : . ° : AMERIPATI: Fes INC-DERRICK ; ‘P.O. BOX 9628: FT LAUDERDALE, FL 33310-9628 >. aveveolv’ t¢ 3852". \ST C¥bIVIW KIOD-WAE | "HWBUA HW 2CRHILL pay For billing inquires, pleace call: (800) 538- 1407 u . i ° ; Reuse + a ine Naae . ° ves - 8) TReferring Doctor z Aas Account No. Me geo Date. -" RRY M scurrr DR: CATHY’ MriaM 40513398 05/18/98. a "From Description - seas . = oh * Payments’ Charge. ~*~ ans /03/98 SURGICAL PATH,: LEVEL Iv 88305 , > 72.00 HIS BILL IS FOR PATHOLOGY. ‘SERVICES ORDERED: BY. YOUR PHYSICIAN. IF [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386008_1107%3A2. Public record. Not legal advice.