# Petition for Writ of Certiorari — Cordero v. Mineta

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## Record

- **Collection:** Supreme Court brief
- **Document type:** Petition for Writ of Certiorari
- **Published:** January 1, 2001
- **Citation:** 534 U.S. 827

## Text

2 ” Supreme Court, U.S.

fl} FILED

001931 may 3 1 200%

OSS OF 148 CLERK

No.:

In THE

Supreme Court of the United States

—_——-- -- -—_——

Angel F. Cordero,
Petitioner,

V.

Rodney E. Slater,
‘Respondent,

On Petition for a Writ of Certiorari to the
United States Court of Appeals for the Ninth Circuit

PETITION FOR A WRIT OF CERTIORARI

Angel F. Cordero
(Petitioner Pro se)

800 Edmonton Circle
Goose Creek, SC 29445
(843) 553-3562

QUESTIONS PRESENTED

Mr. Angel F. Cordero, (Petitioner) served proudly the
Federal Government of the United States of America for 28
years and 7 months, and was forced into retirement on Jan
1997, due to the fact that his career progression has to come
to a complete stop since 1990. After thorough investigation,
found out, his career progression has stopped due to a
conspiracy and other acts of hate and crimes committed by
the individuals mentioned in this petition. Although he
kept the Civil Rights Offices & Officers in the Atlanta
Regional offices well informed of these crimes and
Violations to his Civil Rights and Instituted Laws, nothing
was ever done to stop these abuses of power, nor a formal
investigation carried out, nor sanctions applied to theses
perpetrators. He seek help and guidance for seven years,
but nothing was ever done to resolve the issues presented;
nor corrective action taken. Now may I ask.

1. Did a violation to Title VII of the Civil
Rights ACT of 1964 existed and taken in consideration.
Together with the Issues of Law and violations to the
Constitution of the United States of America Fourteenth
Amendment’s Due Process Clause. that insures,
establish Justice and domestic Tranquillity, as well as
secure Blessing of Liberty and the Pursuit of
Happiness.

2. Whether the Court of Appeals erred by not
taking in consideration and or overlooking these Facts
of Law, or Crimes committed against the Petitioner:
Such as, Conspiracy, Forgery, Malicious Mischief, and

Perjury

Will the Petitioner be granted a Jury trial, and or the
Honorable Supreme Court of the UNITED STATES of
AMERICA will make a final decision reference these
Violations to my Civil Right and these Issues of Law.

ii

PARTIES

The petitioner in this case is Angel F. Cordero, a
Pro se litigant.

The respondents in this case is the Honorable
Secretary Of Transportation; Rodney E. Slater

ee Py ae

iii

TABLE OF CONTENTS

Page
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PETITION FOR A WRIT OF CERTIORAR ........... l
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CONSTITUTIONAL PROVISIONS INVOLVED ..... 2
STATEMENT OF THE CASE. .........cccccoscccssscccscees 3
Se MIEN I then questioned Mr. Dorminy on his reason for
not selecting Mr. Cordero, since he appeared to be one of
the most qualified applicants based on experience and
because of his previous certification on the computer
system that the candidate would be required to operate.
Mr. Dorminy’s response was, “Mr. Cordero has for the last
five or six years has a performance problem”, counseled
for use of sick leave in conjunction with RDOs, and he
poor english made if difficult to understand him. I then
questioned Mr. Dorminy on the extent of Mr. Cordero’s
contact with others, would it be within the FAA or would
it be outside the facility and with the general public. Mr.
Dorminy’s responded, with other FAA facilities only. I
then asked why then could Mr. Cordero have maintained a
twenty year employment with the FAA, part of which was
as a supervisor at another facility, and his speech was not
a problem before. Mr. Dorminy then indicated that Mr.
Cordero had, had a speech problem at Anderson FSS
which was the reason for his not checking out there. I
asked if he would reconsider him for the FSDPS position at
JAX ARTC Center. He responded he would never
assigned him to that position unless ordered to do so bya
superior.

“s/ ””

19

EXHIBIT A2
U.S. Department.
of Transportation
AUTOMATED FLIGHT SERVICE STAT
Federal Aviation 4301 Northeast Waldo Road
Administration Gainesville, Florida 32609
Date: 2/23/93

Subject: Information: Justification for Selection
Of ATCS, AUS, FSDPS, Jacksonville, FL

From: Air Traffic Manager Reply to
Gainesville, FL, AFSS Attn of:

To: Manager, Human Resources

After careful consideration of personal qualifications and
performance requirements for the vacant Automation
Specialist positions at the new Flight Service Data
Processing system (FSDPS) at Jacksonville ARTCC, I have
selected the following personnel.
Ms. Jacquline J. Lenard, ATCS Jacksonville, FL, FSS
Mr. Burl W. Jones, ATCS Jacksonville, FL, FSS
Mr. Harold C. Rogers, ATCS Jacksonville, FL, FSS
Mr. Eric J. Strand, ATCS Gainesville, FL, FSS .

Our outreach efforts identified two female minorities and
three male minorities. Of these, one female minority, Ms.
Lenard, and two of the male minorities, Mr. Rogers and
Mr. Strand were selected for the position. One male
minority, Mr. Cordero, and one female minority, Ms. Giles
lacked the automation experience for such a technical

position.

“S / “
William P. Dorroiny

20

EXHIBIT B

PARTIAL LIST OF AWARD OBTAINED AND DATES

All of these obtained within they the Federal Aviation
Administration and within the dates indicated by the E.E.
O. Counselor’s report SUMMARY of INQUIRY to Mr.
William Dorminy:

Official Letter of Commendation Government Award
02/75

Official Letter of Commendation Government Award
12/75

Special Achievement Award ASJU-1 03/76
Special Achievement Award ASJU-1 06/76
Official Letter of Commendation Government Award
09/77

Special Achievement Award = ASJU-1 02/78
Official Letter of Commendation Government Award
12/81

Official Letter of Commendation Government Award
11/82

Special Achievement Award SJU-IFSS 02/83
Performance Award EXCEP-GPAD ATM CHS-FSS 07/87
Performance Award EXCEP GPAD ATM CHS-FSS 07/88
Performance Award - NON-PMRS Employee Government
Award 08/88

Performance Award NON-PRMS Employee Government
Award 07/89

Performance Award-EXCEP GPAD ATM CHS-FSS
07/89

Official Letter of Commendation Government Award
11/89

Official Letter of Commendation Government Award
05/90

Performance Award EXCP GPAD ATM AND-AFSS

07/90

21

EXHIBIT B-2

Reprint of letter dated 2123193 Justification for Selection of
ATCS, AUS, FSDPS, Jacksonville, FL

U.S. Department

of Transportation AUTOMATED FLIGHT
SERVICE STATION

Federal Aviation 4301 Northeast Waldo Road

Administration Gainesville, Florida 32609

Subject: Information: Justification for Selection of
ATCS, AUS, FSDPS, Jacksonville, Fl Date: 2123193

From: Air Traffic Manager

Gainesville, Fl, AFSS Reply to
Attn of: :

To: Manager, Human Resources Division, ASO-10

After careful consideration of personal qualifications and
performance requirements for the vacant Automation
Specialist positions at the new Flight Service Data
Processing System (FSDPS) at Jacksonville ARTCC, I have
selected the following personnel.

Ms. Jacquline J. Leonard, ATCS Jacksonville, Fl, FSS
Mr. Buri W. Jones, ATCS Jacksonville, Fl, FSS

Mr. Harold C. Rogers, ATCS Jacksonville, Fl, FSS
Mr. Eric J. Strand, ATCS Gainesville, Fl, FSS

Our outreach efforts identified two females minorities and
three male minorities. Of these, one female minority , Ms. j
Lenard, and two of the male minorities, Mr. Rogers and Mr.
Strand were selected for the position. One male minority,
Mr. Cordero, and one female minority, Ms. Giles lacked the
automation experience for such a technical position.

Signed by
“4 S / “

William P. Dorminy

22

EXHIBIT C

AFFIDAVIT

STATE OF FLORIDA
COUNTY OF DUVAL ss:

I,WilliamP. Dorminy, am employed by the Federal
Aviation Administration as Manager of the Gainesville
Automated Flight Service Station located in
Gainesville, Florida hereby solemnly swear:

That in determining who should be selected for the
Automated Flight Service Specialist under Vacancy
announcement # ASO-93-14A-O9, I did not
discriminated against any of the applicants and in
particular Mr. Angel Cordero. In making the selection
I reviewed each individual's application package as
supplied by the Human Resource Division. I believe
that a close examination of the bids packages of all of
the candidates will reveal that those selected were
more qualified than Mr. Cordero.

Mr. Cordero's claim that he was not selected because
he is a minorities has not merit since 3 of the 4
candidates selected were minorities.

According to Mr. Cordero, he has received good rating
while working in the San Juan, Puerto Rico IFSS and
in Charleston AFSS. However, I am aware of his
performance problems at the Anderson, S.C. AFSS
and in Jacksonville FSS. Mr. Cordero did not "check
out" in the Anderson AFSS_ because his
communication skills were not satisfactory. Since I
never supervised Mr. Cordero, I have no first hand
knowledge of his communication deficiency, however,
I was told of Mr. Cordero failure in Andersen by Mr.
Victor Byrd and Mr. Mike Powerly of the southern
region Air Traffic Division. As -to why this was not a

23

problem in his previous facilities I can only speculate
that although his communication skills ware
acceptable to brief pilots in Puerto Rico area, they
were not sufficient in South Carolina or Florida area.
It may be possible that if I worked in Puerto Rico,
some people may have problem with my southern
drawl.

I. am aware of his performance problem in
Jacksonville. He is frequently late and have abuse his

- sick leave privileges. I understand that in many
occasions he has called in sick on the days
immediately following his RDO. This present a problem
to the supervisors because they would have to call in
another specialist on short notice. The position of
Automated Flight Service specialist demands for reliable
and capable individuals.

As for Mr. Cordero's claim of harassment, I believe it to be
without merit. During his stay in Anderson, he was given
many opportunity and special training in an effort to help
him qualify for. the available position. This was more than
what was required. The fact that he was also given the
opportunity to transfer to the a lower level facilities, with
PCS, at Jacksonville is another indication of the division's
willingness to help Mr. Cordero.

I would like to stress that at no time during this or any
other selection process did I fail to selected a candidate
because of his or her National Origin.

I have read the above statement, consisting of 2 pagers, and
it is true and complete to the best of my knowledge and
belief. I understand that the information I have given is not
considered confidential and that it may be shown to the
interested parties.

24

“as 44
Subscribed and sworn to before
me at Gainsville, Florida

on this 29 day of March 1994

25

EXHIBIT D

Summary. of Mr Carlos V. Otero, E.E.O.
Counselor for the D.O.T. F.A.A. Southern Region
signed 6/14/94.

Summary of Counselor’s inquiry.

Personal Contacts
a. Emeris Smitherman (Jacksonville FSS-ATM) 904-

641-7944

Mr. Smitherman advised Mr. Carlos Otero (EEO
Counselor) the Mr. Cordero went to some medical
appointments on government time while in
Jacksonville. Other appointments were in Charleston
S.C. Mr. Smitherman agreed with Mr. Cordero that
he was entitled to Workman’s Compensation. The
letter accusing Mr. Cordero of sick leave abuse was
typed and brought by Mr. Bill Dorminy from
Gainesville AFSS. The letter was signed by Mr.
William Rodenfels (Area Supervisor-JAX FSS), under
direct order from Mr. Dorminy.

b. William Rodenfels (Area Supervisor-JAX FSS)
904-641-8333. Mr. Rodenfels agreed with Mr.
Smitherman that Mr. Cordero went to some
medical appointment on government time while in
Jacksonville, Florida. Also, that Mr. Cordero was
- entitled to some Workman’s compensation. Also,
verified that the letter was signed by him (Mr.
Rodenfels), under direct order from Mr. Dorminy.

H) Summary of Informal resolutions attempt.
I) Mr. Emeris Smitherman and Mr. William |
Rodenfels, Jr. Agreed that Mr. Angel F. Cordero is
entitled to Workman Compensation and any
expenses incurred because of his allegation. Also,
Mr. Smitherman said that is not up to him to
make a decision to pay back Mr. Cordero, that is

26

up to Southern Region. And also, both, Mr.
Smithrman and Mr. Rodenfels agreed that the letter
that Mr. Rodenfels signed accusing Mr. Cordero of
sick leave abuse was brought by Mr. Dorminy. Mr.

Rodenfels signed this letter under direct order of
his superior (Mr. Bill Dorminy). Mr. Cordero if filing
a formal complaint.

“s/ : oe

Signature of the EEO Counselor, Mr. Carlos V. Otero
appears at the end of the Summary of information

27
EXHIBIT E

I

DECLARATION OF WILLIAM RODENFELS
I, William Rodenfels, declare the following to be "true and
correct:

1. I am currently employed as a supervisory Air Traffic
Control Specialist (ATCS) at the Gainesville Automated
Flight Service Station. I have worked for the Federal
Aviation Administration (FAA or Agency) for the past 31
years. I have been a supervisor for the past 19.5 years.

2. From February 1979 to July 1994, I was. a supervisory
ATCS in the Jacksonville Flight Service Station (FSS). I was
Plaintiff's first line supervisor from 1990-94. I served as
Plaintiff's timekeeper during this time

period. As timekeeper, I was responsible for soil
Plaintiff sick and annual leave, signing off on his time and
attendance cards which are processed every two weeks by
the Agency, and taking appropriate steps to resolve any
time and attendance problems which came to my attention.

3. Plaintiff had a series of time and attendance problems
during the period of time I supervised him. Plaintiff
commuted to the Jacksonville FSS from Charleston, South
Carolina on a weekly basis. This is a 250 mile commute and
takes approximately five hours driving time. Consequently,
Plaintiff was often tardy in arriving at the Jacksonville
facility after his scheduled days off. Plaintiff's tardiness was
disruptive to the operation of the Jacksonville facility.

4. Plaintiff also had a problem with unscheduled absences.
He would often take sick days in conjunction with
regularity scheduled days off. I observed this pattern over a
period of ‘time and came to believe Plaintiff was abusing
his sick leave. I ,raised this issue with my management,

28

specifically Mr. Emeris Smitherman, my then-first line
supervisor. After much discussion, on August 3, 1992, I
issued Plaintiff a memorandum regarding sick leave abuse.
This memorandum informed Plaintiff that if he continued
to consistently take sick leave in conjunction with regularly
scheduled days off, he could be required to present a
medical certificate for each subsequent absence.

5. I have recently reviewed official Agency records
regarding leave taken by Plaintiff in 1988 through 1991.
During this time period, Plaintiff used more annual leave
than he earned in all years, and Plaintiff; used more sick
leave than he earned in 1988, 1989 and 1991. Exhibit 1.

6. During the 1990-92 time frame, I also supervised Ms.
Jacquline J. Lenard, Mr. Harold c. Rogers and Mr. Burl W.
Jones. These individuals were ultimately selected for the
Automation Specialist position, GS~2152-11/12, under
Vacancy Announcement No. ASO-1-2148. None of these
individuals had significant time and attendance problems.
Specifically, they had no problems with tardiness or
unscheduled absences. They did not consistently take sick
leave in conjunction with regularly scheduled days off.

I declare under penalty of perjury that the foregoing is true
and correct.
“S / “e
WILLIAM RODENFELS
Supervisory Air Traffic Contr. Sp.

Executed on this 19th of October 1998.

29

EXHIBIT F

DECLARATION OF WILLIAM P. DORMINY

I, William P. Dorminy, declare the following to be true
and correct:

1. 1am a retired Federal Aviation Administration (FAA
or Agency) employee with approximately 31 years of
service. I was a manager or supervisor with the FAA for
approximately 24 years. I have served as the selecting
official for numerous positions.

2. From August 1989 to May 1994, I was employed by
the FAA as manager of the Gainesville Automated Flight
Service Station (AFSS) located in Gainesville, Florida,.
During the same timeframe, I was also a Hub Manager for
the Flight Service Stations (FSS) at the following Northern :
Florida locations: Jacksonville, Tallahassee,. Crestview and
Pensacola. As Hub Manager, I had _ oversight
responsibilities for the above-mentioned FSSs. The
managers of these FSSs reported directly tome. —

3. Plaintiff was employed as a Air Traffic Control
Specialist (ATCS), GS-10, in Jacksonville FSS from 1990-94.
Prior to his employment in Jacksonville, he was employed
as an ATCS in the Anderson, South Carolina AFSS in 1989.
During his career, Plaintiff had also worked in the
Charleston, South Carolina and San Juan, Puer.to Rico FSSs.

4. As an ATCS, Plaintiff was responsible for giving
weather briefings to pilots on the ground in the preflight
position, performing weather observation functions,
processing flight-related information, providing notices to
airmen of outages in the national airspace system,
providing pilots in flight with weather, aeronautical, and
traffic flow information, and assisting pilots in distress.

30

5. I was Plaintiff's third level supervisor during the time
he worked in Jacksonville FSS. Mr. William Rodenfels was
Plaintiff's first level supervisor and Mr. Emeris Smitherman
was Plaintiff's second level supervisor and the Manager of
the Jacksonville FSS.

6. In conjunction with my responsibility of overseeing
the Jacksonville FSS, I met quite frequently with Mr.
Smitherman and, to a lesser extent, Mr. Rodenfels. Mr.
Smitherman briefed me frequently on personnel issues and
problems at the Jacksonville FSS. Mr. Smitherman talked to
me on several occasions about Plaintiff's time and
attendance problems. Specifically, Mr. Smitherman told me
that Plaintiff frequently had unscheduled absences which
were disruptive to the operation of the Jacksonville facility.
Mr. Smitherman also told me that Plaintiff’ commuted a
distance of approximately 250 miles from his home in
Charleston, South Carolina to Jacksonville. As a result of
this lengthy commute of approximately five hours, Mr.
Smitherman related to me that Plaintiff was often late to
work. ‘

7. Mr. Smitherman also told me that Plaintiff had a
habit of taking sick days in conjunction with regularly
scheduled days off and that he believed Plaintiff was
abusing his sick leave. This situation persisted for quite
some time and on August 3, 1992, Mr. Rodenfels issued
Plaintiff a memorandum regarding sick leave abuse in
which Plaintiff was informed that if he continued to
consistently take sick leave in conjunction with regularly
scheduled days off, he could be required to present a
medical certificate for each subsequent absence. Exhibit 1.

8. I was the selecting official for the Automated Flight
Service Station Specialist positions, GS-2152-11/12, on the
staff of the Flight Service Data Processing System (FSDPS)

31

in the Jacksonville Air Route Traffic Control Center
(ARTCC) in Hilliard, Florida. These positions were
advertised under Vacancy Announcement. No. ASO-1-2148
which was set forth on Vacancy List No. ASO-92-14-22 (AP-
9 Test) . The Vacancy Announcement opened on January 4,
1993.

9. On February 23, 1993, I selected the following four
individuals for these positions: Jacquline J. Lenard (African
American female), Harold C. Rogers (Native American
male), Burl W. Jones (White male), Eric J. Strand (Asian
Pacific male) .Exhibit 2. A total of 17 individuals applied-for
the positions. Id.

10. In order to be minimally qualified for a position as
an Automation Specialist at the Hilliard FSDPS, an
applicant needed to have worked for at least two years as a
full performance controller.! The applicant also needed to
have taken, as a prerequisite, coursework in automation
systems. Plaintiff met both of these prerequisites.

11. Beyond these minimal qualifications, I was seeking,
first and foremost, to select reliable individuals with a good
work ethic without significant time and attendance
problems. In addition, I was looking for
individuals with (1) a working knowledge of all flight
service station-related computer equipment and functions
so as to ensure the adequacy of automation support; (2) an
ability to rapidly gather, analyze and evaluate information
to make ‘recommendations; (3) an ability to communicate
with others effectively, both orally and in writing and (4) an
ability to get along with others.

12. In making my choices for the Automation Specialist
positions, I put a heavy emphasis on _ reliability,
dependability; work ethic, good attendance and punctuality
because of the staffing and the nature of the work being

32

performed at Hilliard. The FSDPS staff performs a very
important function in that they monitor and maintain the
mainframe computers at Hilliard that drive the the
Gainesville and St. Petersburg AFFSs.

13. The computers in Gainesville and St. Petersburg are
used for briefing pilots on weather conditions, processing
pilot flight plans into the system, processing notices to
airmen regarding outages in navigational systems, and law
enforcement assistance. The Gainesville and St. Petersburg
AFSSs are two of the busiest in the nation.

14. If a computer problem is experienced in Gainesville
or St. Petersburg, the Automation Specialist on duty at the
FSDPS in Hilliard is responsible for analyzing the problem
and taking immediate action to repair the problem, if
related to software, or to have it repaired, if related to
hardware. See Exhibit 3. If immediate action is not taken,
the Gainesville and St. Petersburg AFSSs could be
temporarily shut down, and the traffic relying on these
facilities would have to be transferred to surrounding
facilities. See id. This would increase the workload for
backup facilities, such as Macon, Georgia, Anderson, South
Carolina and Miami, Florida, and could cause delays for
pilots seeking to obtain pre-flight briefings. Air safety could
be impacted if a pilot flies into unforeseen weather because
s/he is unable, due to outages in the computer system, to
obtain a pre-flight briefing, as required by regulation. In
addition, airborne aircraft are not be able to obtain the latest
weather information in the event of Outages, as this
function cannot be transferred to other facilities.

15. Reliability and punctuality are also important
attributes for an individual selected for the Automation
Specialist position because of the manner in which
the FSDPS is staffed. The FSDPS is open 24 hours a

33

day. and, due to budgetary restrictions, the FSDPS
was only authorized to have one staff member on duty
during a given shift. Overtime in my organization was
extremely limited and had to be justified on a case by
case basis. My organization also had very limited
options for finding backups in the event an employee
scheduled for a particular shift was sick or on leave.

16. I did not select Plaintiff for the Automation
Specialist position because I did not believe he was
well-suited to work in the FSDPS for a number of
reasons. First, he had a reputation for being unreliable
and he had deficiencies in the areas of time and attendance
and tardiness. Plaintiff also had performance problems
communicated to me by his. supervisors and a poor
professional reputation in the Jacksonville facility. In
addition, I knew that Plaintiff's home and family were in
Charleston, South Carolina which was a five hour drive
from the Hilliard facility. Because of the distance of his
home from the facility, I would not have been able to rely
on Plaintiff to serve as aback up or to work overtime if he
were selected as an Automation Specialist. Because the
Hilliard FSDPS was minimally staffed, it was important to
me that all the individuals selected as Automation
Specialists be able to serve as a back up on short notice and
to work overtime in the event that one of the other
specialists was unexpectedly absent.

17. In making my decision not to select. Plaintiff for the
Automation Specialist position, I also took into
consideration the fact that he had not "checked out" at the
Anderson, South Carolina AFSS where he worked for seven
months prior to coming to Jacksonville. The Anderson
facility is the only automated facility Plaintiff has ever
worked in during his F~ career. All of the other facilities

Plaintiff has worked in have been manual facilities. In order ©

to "check out" at an automated facility such as Anderson, an

34

individual must become certified or proficient on the
following positions in the AFSS: Preflight, Flight Data,
Broadcast, Weather Observation, Notices to Airmen and In
Flight. In order to "check out, " an employee must have an
in-depth understanding of the automated equipment, so as
to be able to competently retrieve and display data and
then transmit it to the pilots. This ability requires a high
level of understanding of the operation of the automated
systems and their functions. It is not something that can be
fully mastered by taking a class or doing coursework.3 The
fact that Plaintiff was" unable to. function in an automated
environment at the Anderson AFSS caused me to become
concerned that he may have problems understanding
automated systems and working effectively at the FSDPS.

18. I have heard of Plaintiff's communications problems.
For instance, on a few occasions while visiting the
Jacksonville facility, I saw Plaintiff answer the phone and
hang it up immediately. When I inquired as to why this
was happening, I was told that pilots often call in for
weather briefings and then hang. up when Plaintiff
answers the phone because they cannot understand his
briefings because of his Puerto Rican accent.

19. Plaintiff's language skills were not a factor which I
seriously considered in deciding not to select him for the
Automation Specialist position. The Automation Specialist
position was different from the ATCS position Plaintiff held
in Jacksonville in that the Automation Specialist does not
have to give pilot briefings to the public. Rather, the
Automation Specialist must communicate with individuals
at various locations within the FAA to trouble shoot. and
repair computer outages. While language skills were of
some importance for the Automation Specialist position,
they were less important for the ATCS position Plaintiff

35

incumbered in Jacksonville. I believe Plaintiff's language
skills were sufficient to perform the duties of the
Automation Specialist position competently.

20. My selection decisions were made on the basis of the
applicants’ written application package, and discussions I
conducted with each of the applicants’ supervisors. I did
not interview any of the applicants. I also reviewed and
considered initial ratings the Agency personnel specialist
made prior to forwarding the application packages to me.

21. I had discussions regarding all of the applicants with
their supervisors. I inquired regarding the reliability,
dependability, work ethic, professional reputations, time
and attendance and punctuality of all of the applicants. The
applicants I selected had excellent professional reputations
in their respective FSSs and were highly reliable. None of
the applicants I selected had significant time and
attendance problems. All lived in the vicinity of Hilliard
and were readily available to work overtime and to serve as
a back-up.

22. During my professional career, I recall a number of
instances in which I attended national meetings for AFFS
managers in which there was that the services performed
by the FSDPS were so important that it was crucial to pick
the most highly reliable individuals for the job.

23. I am aware that Plaintiff/ is alleging that I
whispered in his left ear on or about March 7, 1993 in
Gainesville, Florida "don't waste your time, I know all
about you, I will never select you because you are a
Puerto Rican.” I strongly deny that I made this or any like
statement. I also deny that Plaintiff's national origin played
any role whatsoever in my decision not to select him as an
Automation Specialist.

36

24. During my career as a Supervisor at the FAA, a
number of individuals who were not selected for various
positions have approached me to learn why they were not
selected. I generally do not give these individuals specific
information about why they were not selected. Rather, I
refer them to their first line Supervisors to work on their
deficiencies.

25. During my career as an FAA supervisor, on two or
more. occasions, I have selected Puerto Ricans for job
vacancies. In approximately 1990, I selected Pedro Munoz
for an ATCS vacancy in Gainesville. In approximately 1984,
I selected Herbie Castro from the San Juan FSS to fill a
vacancy in the Fort Myers FSS.

I declare under penalty of perjury that the foregoing
is true and correct .

Ml 4

S
WILLIAM P. DORMINY

Executed on this 19TH of October 1998.

1 A “full performance controller" is an air traffic control specialist who is
certified to work the full range of shifts in his facility without a trainer or
a supervisor in the room.

2 While "checking out" at an automated facility was not a job
prerequisite, Plaintiff's inability to "check out" indicated to me that he
was not well-suited to working in the FSDPS environment. Plaintiff's
inability to "check out" led me to make the comment in my justification
memorandum that Plaintiff "lacked automation experience for such a
technical position ." Exhibit 4.

3 I am aware that Plaintiff successfully completed coursework on the
MIFC automation system which is in use at AFSSs. However, there is a
big difference between completing a course and being able to use,
trouble shoot and repair the MIFC system proficiently.

37

EXHIBIT G

UNITED STATES DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
AFFIDAVIT

COMMONWEALTH OF PUERTO RICO

COUNTY OF CAROLINA

I, Francisco Estrada Cotto, Air Traffic Manager, San Juan
Automated Flight Service Station, GS-2152-14, Federal
Aviation Administration, San Juan Puerto Rico, make the
following statement freely and voluntarily to Wilma
Rosenberg, who has identified herself to me as an EEO
INVESTIGATOR for the U.S. DEPARTMENT OF
TRANSPORTATION, OST/DOCR, knowing that this
statement may be used in evidence. I understand that this
statement is not confidential and may be shown to any
interested party.

I HEREBY SOLEMNLY __ swear
(SWEAR OR AFFIRM)

1. I began working at this station in my current position in
December 1994. I have worked for the FAA since 1971. I
have worked in various positions. I am a Puerto Rican
male. I filed an EEO complaint in the end of 1978.

2. Victor Garcia briefed my about the situation involving
Mr. Cordero’s misuse of the SF 160 program before he
left. Victor told me that charges were being brought
against Angel Cordero for misusing the SF 160
program. He told me Victor Byrd, Operations Specialist
in ASO-540, was handling the matterin Atlanta.
(Victor Byrd is currently in Anniston). He said they had

38
an enormous amount of evidence against

My subsequent dealings were with Victor Byrd. When I
got a grievance from Cordero about this case, I would
sent them to Victor Bryd for response. Likewise, they
sent me the letter proposing his suspension, I signed it
and gave it to Cordero. When I got Cordero's response,
I sent it to Bryd. It was my understanding that
everything was worked out at the Regional level
between the Union and the Region. I was informed
that an agreement was made to reduce his suspension
from 20 days to 5 days. In my experience, if the Union
agreed to a 5 day suspension, they believed that the
program had been violated. There is no way that the
Union would go along with the suspension if the y
did not believe that there had been a violation. If they
go along with it, in my opinion there was sufficient
evidence of his wrongdoing. In my experience if the
Union thought they had the grain of hope that they
could win, they would fight it. Here, they didn't.

- With regard to the removal of his SF 160 privileges, I

was also instructed by the Region to suspend his
privileges for a period of two years. Two year is the
minimum mandatory Suspension period. I do not
remember whether I wrote the letter at their instruction
or they sent one to me for my signature. I did not do an
independent investigation before issuing this letter
either. I did not have access to the underlying facts and
circumstances; this all happened before Mr. Cordero
came to Puerto Rico .

- Nothing that was done here was done because of his
national origin or because he had prior EEO activity. I had
heard rumors that Cordero had filed EEO complaintssince I
became involved. At the time I signed these letters I was

39
not aware he had filed earlier EEO complaints.

6. The investigator has shown me the three page
document signed by Victor Byrd, dated October 25,
1994. This is the first time I have seen this document.
However, I was told that because they saw his car in the
parking lot every week, this is way they started the
investigation. Based on what I see here, he had taken 10
trips and they say there were more. As they are
different dates, if he went, I am assuming that he came
back. He was only allowed 8 trips.

PAGE 3 OF 3 PAGES, DEPONENT'S INITIALS
I HAVE READ THE ABOVE STATEMENT, CONSISTING
OF 3 PAGES, AND IT IS TRUE AND COMPLETE TO THE
BEST OF MY KNOWLEDGE AND BELIEF. I
UNDERSTAND THAT THE INFORMATION I HAVE
GIVEN IS NOT TO BE CONSIDERED CONFIDENTIAL
AND THAT IT MAY BE SHOWN TO THE INTERESTED
PARTIES .
ug / “
DEPONENT’S SIGNATURE

SUBSCRIBED AND (SWORN TO) (AFFIRMED)
BEFORE ME AT San Juan
ON THIS 25th DAY OF January, 1996.

“ S / “4

(INVESTIGATOR’S SIGNATURE)

Investigator, U.S. Department of Transportation
DOCR/OST

40

EXHIBIT G2

Reprint of letter of Mr. Francisco Estrada-Cotto Acting
Air Traffic Manager San Juan IFSS, Puerto Rico
dated FEE 10 1995

LOGO
U.S. Department Southern Region P. 0. Box 20636
of Transportation Atlanta, Georgja
30320
Federal Aviation
Administration
FEB 10 1995

Mr. Angel Cordero
San Juan IFSS
San Juan, Puerto Rico

Dear Mr. Cordero:

My letter of December I, 1994, informed you of a proposal
to suspend you for 20 days for misuse of position for
personal gain.

I have given full consideration to the information you
presented in your written reply dated December 14, 1994. I
fmd that the specific reason in my letter of December 1,
1994, is fully supported by the evidence and warrant your
Suspension. However, as a result of a settlement agreement
between the National Association of Air Traffic Specialists,
Southern Region and the Federal Aviation Administration,
Southern Region, you will be suspended for five (5) days
effective March 6, 1995;

Sincerely,

Francisco Estrada- Cotto

41

Acting Air Traffic Manager
San Juan IFSS

RECEIVED BY: AFCordero
DATE: Feb 10 1995

Across the right hand margin bears the inscription
ACKNOWLEDGEMENT COPY

and in the

extreme lower right hand corner, the inscription:

Original mailed to ASO-16 on 2/10/96 CC

42

EXHIBIT _H

RECORD OF TELEPHONE CALL dated 8-31-94,
done by Ms. Grizzelie M. Canter as a follow up
investigation. In her capacity of San Juan IFSS
NAATS (National Association of Air Traffic Specialists)
Union Representative. Time 4:pm

Name of the person contacted: Mr. Tom Jones /
Continental Airlines 713-23-1077

Digest. } telephoned the familiarization travel]
representative to request information. I believe his
name was Tom Jones. I identified myself and told
him that I needed to document fam. Travel dates fm
one of our employees. Mr. Jones said. He was not
able to help me _ because it had been a while since
they kept records and therefore they had no records
that would say if any FAA person were on any specific
flight of any specific day.

“s/ “

Ms. Grizzelle M. Canter signature appears at the end
of this Record of Telephone Call.

43

EXHIBIT 1

RECORD OF TELEPHONE CALL, DATED 12/09/94
time 12:50pm. Done by Mrs. Grizzelle M. Canter San
Juan IFSS, San Juan Puerto Rico. In her capacity as an
official of the NAATS (National Association of Air Traffic
Specialists) Labor organization.

Name of person contacted, Mr. Tom Jones Continental
Airlines Tel: 713-233-1077

Subject. FAA Letter to ATCS Angel F. Cordero dated
December 1, 1994.

Digest:

This is a record of conversation with Mr. “TJ” Tom Jones,
of Continental Airlines, and “GC”< Grizzelle M. Canter, of
TJSJ IFSS. I telephoned Mr. Tom Jones in order to verify
information supplied by him to the FAA. I said to Mr.
Jones that it was mentioned on a letter to one of our
employees that he supplied computer data sheets and
manifests of specific flights that verify the names of the
jump seat rider on specific dates on continental flights, and
that Victor Byrd said the information was provided by Mr.
Tom Jones of Continental Airlines. The following record is
not verbatim, but is written to the best of my recollection,
and I am writing this immediately after our conversation.
GC: Can you provide this same information to me as well?
TJ: I don’t have this information because we don’t retain
these manifests. All I sent FAA was nothing more than a
telex provided to me by my people. It was not a manifest,
nor a permanent record. I know I gave them about five
dates, but I’m not sure.

GC: Mr. Cordero was given 10 specifications and we know
for a fact that on at least one of those days, he was at work.
Yet your name is mentioned on each specification on Mr.

44

Cordero’s letter.

TJ: The employee did use our service. He knew our
people. He probably was on an official SF-160 on the first
trip, but after that, my people let him (travel), not knowing
that he didn’t have the proper authorization. I know about
the FAM-TRIP Program because I was the Chief of the
Miami Tower. (other talk of his previous FAA experience)
-.-but if we let him (Cordero) get away with this, we
become party to this and we cannot legally let this go on,
we just can’t do that... You know that when the
(CONTINENTAL AIRLINES) employees at the field see an
FAA Badge, they think OH-OH, here come the COPS...
GC: Yes, I know at times when I fam, they think I’m on
investigator when I’m only on a FAM Trip...By the way, in
the past, I know Continental airlines does not-accept my
FAA Papers they say they don’t need them.

TJ: Yes, we do not usually collect them. Are you with EEO
or something?

GC: No, the NAATS Union REP was not present, and I
was asked to attend the meeting as a witness. Asa witness,
If the allegations are true, I would like to know, and if they
are not true, I also want to know.

by Doesn’t the FAA have

Papers or records of this?

GC: Yes, we have requested all information that we
believe will help us reply to the letter, but we only have 15
days, so I have telephoned you in order to help us expedite
a response. Could you provide me with the copy of the
telex you sent to Victor Byrd?

Tj: I don’t even know where it is...I provided nothing
more than just a teletype message...not a manifest , because
just like the FAA, we don’t keep those forever. 2
GC: Id like to read to you at least one of the specifications
on this letter.

TJ: Please...Go on...(I read Specifications Number 1 from
Cordero’s letter)

|

45

TJ: What? If my name is there, I’m involved. If I'm
involved, I need to consult the legal department.

GC: You are named on each specification like this, and
this complete action is...only based on whatever
information you provided to Victor Byrd.

TJ: Did FAA provide you with any other information?
GC: No, the letter is based on what you aid, so naturally I
telephoned you in order to obtain such manifest lists or
computer printouts from you, since all of the allegations
are based on what you said.

TJ: Would you please fax me a copy of this letter?

GC: Thank you very much for your time and attention to
this matter.

NAATS decided not to provide a fax copy at this time.

“s/ “se

Signed on 12/9/94 by ATCS Grizzelle M. Canter

EXHIBIT ]

Falsified Official Federal _documents.. will be hard to
duplicate and or reprint. However copies of the Originals
and even the Original will be submitted as evidence at the
Honorable Supreme Court requests.

a ———$__— -_—

APPENDIX

la

APPENDIX A

FILE COPY
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
FILED
February 21, 2001
No.00-2100
CA-99-3019-2-18AJ
CA-99-2580-2-18AJ
ANGEL F. CORDERO
Plaintiff -Appellant
V.
RODNEY E. SIATER, Secretary of Transportation
Defendant -Appellee

On Petition for Rehearing En Banc

The appellants petition for rehearing en banc was
submitted to this Court. As no member of this Court
requested a poll on the petition for rehearing en banc,

IT IS ORDERED that the petition for rehearing en banc is
denied.

For the Court,

/s/ Patricia S. Connor
CLERK

2a

APPENDIX B

UNPUBLI SHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No 00-2100

ANGEL F. CORDERO
Plaintiff -Appellant,
versus
RODNEY E. SLATER, Secretary of Transportation,
Defendant -Appellee.

Appeal from the United States District Court for the District
of South Carolina, at Charleston. David C. Norton, District
Judge. (CA-99-3019-2-18AJ, CA-99-2580-2-18AJ)

Submitted: December 14, 2000 Decided: December 21, 2000

Before WIDENER, WILKINS, and TRAXLER, Circuit
Judges.

Affirmed by unpublished per curiam opinion.

Angel F. Cordero, Appellant Pro Se. John Harris Douglas,
Assistant United States Attorney, Charleston, South
Carolina, for Appellee.

Unpublished opinions are not binding precedent in the
circuit. See Local Rule 36 [c].

PER CURIAM:

3a

Angel F. Cordero appeals the district court's orders and
judgment granting summary judgment to the Secretary of
Transportation and dismissing his

employment discrimination complaint and denying his
motion for reconsideration. We have reviewed the record
and the district court's opinion accepting the
recommendation of the magistrate judge and fmd no
reversible error. Accordingly, we affirm on the reasoning of
the district court. See Cordero v. Slater, Nos. CA-99-3019-2-
18AJ (D.S.C. July 28 & Aug. 15, 2000). We dispense with oral
argument because the facts and legal contentions are
adequately presented in the materials before the court and
argument would not aid the decisional process.

AFFIRMED

4a

APPENDIX C

(Stamped: F I L ED JUL 27, 2000
LARRY w. PROPES, CLERK
CHARLESTON, SC
Angel F. Cordero ) Civil Action No. 2:99-2580-18AJ31
and 2:99-3019-18AJ 26
Plaintiff,
vs. ORDER

Rodney E. Slater,
Secretary of Transportation,

Defendant.

The above refererice cases are before this court upon the
magistrate judge's recommendation the defendant's motion
for summary judgment be granted. Because plaintiff is
proceeding pro_se, this matter was referred to the
magistrate judge. 1 The record includes the report and
recommendation of the United States Magistrate Judge mad
in accordance with this Court's Order of Reference and 28
U.S.C. #636(b)(1)(B).

This Court is charged with conducting a de novo review
of any portion of the magistrate judge's report to which
specific objection is registered, and may accept, reject, or
modify , in whole or in part, the recommendations
contained in that report. 28 U.S.C. #636(b) (1). However,
absent prompt objection by a dissatisfied party, it appears
the Congress did not intend for the district court to review
the factual and legal conclusions of the magistrate judge.
Thomas v Arn 474 U.S. 140 (1985). Additionally, any party
who fails to lie timely, written objections to the magistrate
judge's report pursuant to 28 U.S.C. #636(b)(1) waves the
right to raise those objections at the appellate court level.
United States v Schronce, 727 F.2d 91 (4th Cir. 1984), cert.

denied, 467 U.S. 120 (1984).2 Objections to the magistrate

5a

judge's report and recommendation were lied on July 14,
2000.

A review of the record indicates that the magistrate
judge's report accurately summarizes this case and the
applicable law. For the reasons articulated by the
magistrate judge, it is ordered that defendant's motion for
summary judgment is granted and both referenced cases
are hereby ended.

AND IT IS SO ORDERED.
“s/ “4
Signed by: David C. Norton
United States District Judge
Charleston, South Carolina
July 27, 2000

1: Pursuant to the provisions of Title 28 United States Code, #636(b)(1)
(B), and Local rule 19.02(b)(2)(D), D.S.C., the magistrate judge is
authorized to review all pretrial matters in cases filed under Title 42
United States Code, #1983, and submit findings and

recommendations to this Court.

2 In Wright v. Collins, 766 F.2d 841 (4th Cir. 1985), the court held "that a
pro _se litigant must receive fair notification of the consequences of
failure to object to a magistrate judge's report before such a procedural
default will result in waiver of the right to appeal. The notice must be
‘sufficiently understandable to one in appellant's circumstances fairly to
appraise him of what is required.” Id. At 846. Plaintiff was advised in a
clear manner that his objections had to be filed within ten ( 10) days, and
he received notice of the consequences at the appellate level of his failure
to object to the magistrate judge's report.

6a

APPENDIX D

(Stamped: entered 8/15/00 SCANNED)
FILED: AUG 15 2000
LARRY w. PROPES, CLERK CHARLESTON,SC

IN THE UNITED STATES DISCTRICT COURT
FOR THE DISTRIC OF SOUTH CAROLINA
CHARLESTON DIVISION

Angel F. Cordero, ) Civil Action No.2:99-2580-18AJ
)
33
) And 2:99-3019-18AJ 28
Plaintiff, )
V8. ) ORDER
)
)

Rodney E. Slater,
Secretary of Transportation,
Defendant.)

This matter is before this court on Plaintiffs Motion for
Reconsideration dated August 7, 2000. It is unclear to this
court whether this Motion has been filed or whether a copy
has been served on the attorneys for Defendant.
Nonetheless, Plaintiffs Motion must be denied.

On July 27, 2000 this court affirmed the Report and
Recommendation of the Magistrate Judge. As noted on
page 2 of this court's order, it had received and considered
Plaintiffs Objections to the Report and Recommendation
which were filed with the Clerk of Court on July 14, 2000.
The Magistrate Judge exhaustively analyzed and accurately
summarized the position of both parties to this controversy
and recommended that Defendant's Motion for Summary
Judgment be granted. This court was charged with the

7a

conducted a de novo review of the Magistrate Judge's
Report and Recommendation and affirmed his decision.
After a reconsideration of all of the material submitted,
including Plaintiffs Motion for Reconsideration, this court
DENIES Plaintiffs Motion.
AND IT IS SO ORDERED.
Hg / “
David C. Norton
United States District Judge

Charleston, South Carolina
August 15, 2000

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386014_2013%3A1. Public record. Not legal advice.