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number DI-06-1620) found a substantial likelihood Terreri’s parallel whistleblower charges were correct, and ordered an investigation.. Throughout, Agency headquarters responded with unrestrained hostility toward TSA/FAMS FLEOA leadership. A116-17.Tactics included chain investigations, involuntary administrative leave and public humiliation. To illustrate, after suspending and placing Mr. Terreri under investigation on charges all later withdrawn in an OSC settlement, the Agency bypassed procedures requiring surrender of his service weapon, badge, and credentials at a secure, discreet law enforcement facility. Instead, Donzanti ordered two supervisors to Terreri’s front yard, humiliating him in front of family and neighbors. 1 This occurred days after FLEOA’s Executive Board issuing an unprecedented vote of no confidence in Director Quinn. On August 11, 2004, Quinn began seeking retaliatory investigations of FLEOA leaders. He sent the DHS/OIG a complaint requesting a criminal investigation of MacLean and other chapter executive officers. A168-70. On February 11, 2005 he sent another, to ICE Assistant Secretary Michael J. Garcia, charging that the FLEOA TSA/FAMS Agency Executive Board Officers were 1 As indicated in the House Judiciary Committee’s May 25, 2006 report, “In Plane Sight: Lack of Anonymity at the Federal Air Marshal Service Compromises Aviation and National Security,” after ICE/OPR investigated and cleared Terreri of multiple allegations – including “unauthorized release of sensitive, secure or classified information” – subsequent MacLeain deciding official Donzanti delayed six weeks before informing Terreri and placing him back on active duty.” A167. 12
“disgruntled,” ‘malicious,” “obscene,” “irresponsible,” “abusive,” and part of a “de facto labor organization.” A177-83. He publicly accused them of being “disgruntled amateurs,” “insurgents,” and “terrorists” in a February 9, 2007 Wall Street Journal A116, 175. The harassment was extraordinary. As Mr. Issman wrote to Congress: I was incredulous at the steady stream of allegations from Director Quinn and his Assistant Director Kent Jeffries, requesting [my office begin ] investigations of FAM Terreri and other vocal FAM FLEOA Agency Chapter Vice Presidents for frivolous charges. A116. Quinn’s hostility towards FLEOA specifically targeted MacLean as a vice president and executive board member. Id., A177-83. He was placed under close scrutiny. The headquarters Policy Compliance Unit (“PCU”), which handled Internal Affairs, reported directly to Quinn, and was staffed by long times associates, even obtained the military records for MacLean’s father. Id. ___ Undeterred, as part of FLEOA advocacy MacLean made a September 11, 2004 camouflaged appearance on NBC Nightly News arranged by Meeks. He continued to protest repetitive headquarters management security breaches of SSI that exposed undercover FAMs. There are no charges that MacLean himself disclosed SSI during the interview. Although disguised, his voice was recognizable. A187. Five days later, Las Vegas Assistant Special Agent in Charge Gregory Korniloff requested DHS’s ICE/OPR to investigate: 13
Page 1 and 2: 2011-3231 United States Court of Ap
Page 3 and 4: TABLE OF CONTENTS ii Page CERTIFICA
Page 5 and 6: CONCLUSION ........................
Page 7 and 8: Coleman v. Dep't of the Treasury, 8
Page 9 and 10: Parsons v. Dep’t of Air Force, 70
Page 11 and 12: 2004 Congressional Research Service
Page 13 and 14: JURISDICTIONAL STATEMENT The Merit
Page 15 and 16: 8. Did the Board err by failing to
Page 17 and 18: ief with the Board in support of Ma
Page 19 and 20: He immediately called other agents
Page 21 and 22: 12, 202-03. That was consistent wit
Page 23: MacLean’s concerns were well-take
Page 27 and 28: investigation, . . . [and] reportin
Page 29 and 30: The ICE/OPR affidavit is the only i
Page 31 and 32: was carried out in less than a week
Page 33 and 34: could not remember if he had any im
Page 35 and 36: contradicted himself repeatedly, an
Page 37 and 38: Spithaler v. Office of Pers. Mgmt.,
Page 39 and 40: This regulation did not take effect
Page 41 and 42: of agency action must limit itself
Page 43 and 44: The Ninth circuit’s MacLean decis
Page 45 and 46: Because MacLean was free to steer b
Page 47 and 48: The AJ supported this judgment with
Page 49 and 50: Isolated inconsistencies cannot sup
Page 51 and 52: total abandonment for all long dist
Page 53 and 54: II. TERMINATION DOES NOT SERVE THE
Page 55 and 56: to pick the weak link between indiv
Page 57 and 58: effective civil service.” WPA §2
Page 59 and 60: elevant for actions that could caus
Page 61 and 62: of Health and Human Services, 7 M.S
Page 63 and 64: Nor was Terreri presented as eviden
Page 65 and 66: Senatorial Campaign Comm., 454 U.S.
Page 67 and 68: protected is by voluntarily submitt
Page 69 and 70: Statutory Protection of Whistleblow
Page 71 and 72: Board did not have the authority to
Page 73 and 74: suggested that SSI information of g
Page 75:
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