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Kevin, I would prefer to stay and do the deposition here in Nebraska. Just let me know when and where. Thank you, Diana Nary CSSS.NET Facility Security Officer Work: (402)502-4153 Cell: (402)212-8457 Fax: (402)393-1825 dnary@csss.net From: Kevin Duff [mailto:kduff@rddlaw.net] Diana, I hope you are doing well. We need to make you available to be deposed by January 13, 2011. Please let me know your availability January 10-13. We will need half of a day for the deposition. I would also like to schedule a time to speak with you either next week or the first week of January in anticipation of your deposition. The topics for the deposition are the same as we previously discussed. Please also let me know whether you will be in Chicago at any time before January 13. My inclination is to make you available to be deposed in Nebraska unless you will be or can easily be in Chicago before Jan. 13. Kevin Kevin B. Duff Rachlis Durham Duff & Adler, LLC 542 South Dearborn Street, Suite 900 Chicago, Illinois 60605 phone: 312-733-3390 fax: 312-733-3952 mobile: 312-218-8620 RACHLIS DURHAM DUFF & ADLER, LLC E-MAIL CONFIDENTIALITY NOTICE This transmission may be: (1) subject to the Attorney-Client Privilege, (2) an attorney work product, or (3) strictly confidential. If you are not the intended recipient of this message, you may not disclose, print, copy or disseminate this information. If you have received this in error, please reply and notify the sender (only) and delete the message. Unauthorized interception of this e-mail is a violation of federal criminal law. From: Nary Diana [mailto:dnary@csss.net] No problem, just let me know. Thanks, Diana Nary CSSS.NET Facility Security Officer Work: (402)502-4153 Cell: (402)212-8457 Fax: (402)393-1825 dnary@csss.net From: Kevin Duff [mailto:kduff@rddlaw.net] Diana, I apologize that I should have followed up with you earlier this afternoon. The Court eased up the schedule today. So it will be awhile before you would need to be deposed. I will be back in touch as needed, likely in a couple of months. Kevin From: Nary Diana [mailto:dnary@csss.net] Kevin, No problem, below is my availability for tomorrow and next week. 09/24 - available 8am – 1pm 09/27 – available 8am – 5pm 09/28 – available 9am - 11am, 3pm - 5pm 09/29 – available 10am – 5pm 09/30 – not available 10/01 – 10am – 5pm I will let you know if my availability changes. Diana Nary CSSS.NET Facility Security Officer Work: (402)502-4153 Cell: (402)212-8457 Fax: (402)393-1825 dnary@csss.net From: Kevin Duff [mailto:kduff@rddlaw.net] Diana, We also may need to produce you to be deposed in the coming days. If this will be necessary, I will speak with you in advance to make sure you know what to expect. Please let me know your schedule the rest of this week and next week. Kevin From: Nary Diana [mailto:dnary@csss.net] Kevin, I called but had to leave a msg on her vm. I will call her tomorrow morning. Diana Nary CSSS.NET Facility Security Officer Work: (402)502-4153 Cell: (402)212-8457 Fax: (402)393-1825 dnary@csss.net From: Kevin Duff [mailto:kduff@rddlaw.net] Diana, Can you let her know that she can expect a call from me? Kevin From: Nary Diana [mailto:dnary@csss.net] Kevin, Per your request, below is Linda Dunlap’s contact information: Linda Dunlap Lead Security Specialist Security and Investigations Center 2200 Fort Roots Dr, Bldg 192 North Little Rock, AR 72114 Phone (501) 257-4462 Please let me know if you need anything else. Thank you, Diana Nary CSSS.NET Facility Security Officer Work: (402)502-4153 Cell: (402)212-8457 Fax: (402)393-1825 dnary@csss.net From: Wolford Lisa Can you get that for Kevin? Lisa N. Wolford CSSS.NET President & CEO SDVOSB, 8(a)/SDB & WOB 202-639-5101 DC Office 402-393-8059 ext 145 From: Kevin Duff [mailto:kduff@rddlaw.net] Lisa, Can you or Diana Nary get Lisa Dunlap’s office address and telephone number for me? We have disclosed Ms. Dunlap as a witness regarding the security access issue. Cynowa’s attorney may want to take her deposition and/or attempt to speak with her. I need to forward contact information to Cynowa’s attorney. Kevin From: Wolford Lisa [mailto:lisa@csss.net] So you can see we never did anything to effect his eligibility for public trust. Lisa N. Wolford CSSS.NET President & CEO SDVOSB, 8(a)/SDB & WOB 202-639-5101 DC Office 402-393-8059 ext 145 From: Nary Diana Lisa, I called contacted the VA Security and Investigation Center in North Little Rock, AR and talked to Linda Dunlap (Sr. Adjudicator). Linda looked up his file and according to her, Chris Cynowa’s Public Trust eligibility dated 07/12/2006 based on the Moderate Background Investigation completed in 06/30/2006, was still good as long as he hasn’t had a 24 month break in service. Meaning that he could have applied for another job/position he qualified for within the VA or another agency requiring a Low or Moderate Background investigation from Jan 2007 and Jan 2009 without prejudice. According to Linda, the VA has never received a request to suspend or revoke his eligibility, such request would have also been submitted to OPM (Office of Personnel Management) who conducts the investigations for review. The attached documents are the VA’s Personnel Suitability and Security Program Handbook and Appendix A to the handbook. On Page A-3 of Appendix A, the Investigative Process is described for Position Risk Levels and Suitability Determinations, which Mr. Cynowa was subject to. Mr. Cynowa completed a Background Questionnaire (SF85P), & submitted fingerprints, which were submitted to OPM to conduct a National Agency Check (NAC) records [OPM Security Investigations Index (SII), DOD Defense Central Investigations Index (DCII), FBI name check, and a FBI fingerprint check], a credit report covering a period of 5 years, written inquiries to previous employers and references listed on the application for employment; an interview with the subject, spouse, neighbors, supervisor, co-workers; and a verification of the educational degree (see page A-6). According to page 17 of the Handbook states, “If derogatory information on an individual who occupies a national security or Public Trust position becomes known to the facility's (Human Resource Manager) HRM Officer, the HRM Officer will notify the Security and Investigations Center in writing. The HRM Officer should be notified in writing of derogatory information from any other individual to include VA management officials or law enforcement officials. The HRM Officer must ensure a reasonable level of accuracy of derogatory information prior to notifying the Security and Investigations Center, which will review the information to determine the appropriate action.” ß Nothing was submitted by the VA re: Mr. Cyanowa—The facility refers to the VA facility. Also, on page 18, it describes the “Suitability Action Procedures regarding notifying the applicant or appointee of Public Trust positions of proposed actions: 1. Notice of Proposed Action. The Office of Security and Law Enforcement, Security and Investigations Center (for Public Trust positions) or the Human Resources Office (for Low Risk/Nonsensitive positions) shall provide an applicant or appointee with reasonable notice in writing of a proposed final suitability action and the charges against them. The notice will state the specific reasons for the proposed action; the right to respond in writing; the time limits for the response as well as the address to which the response is made; and the availability for review, upon request, of the materials relied upon. If the respondent is employed in the competitive service on the date the notice is served, he or she is entitled to be retained in a pay status during the notice period. See 5 CFR §731.402. 2. Answer. The applicant or appointee may respond to the charges in writing including any other necessary documentation or affidavits that support the response. See 5 CFR § 731.403. 3. Decision. The agency’s decision shall be in writing and inform the applicant or appointee of the reasons for the decision. The individual will also be informed of appeal rights with the Merit Systems Protection Board (MSPB). See 5 CFR §731.404, §731.501(a)-(b), §731.103(g), and 5 CFR Part 1201. The employing office shall remove an appointee from the rolls within five workdays of the final decision.” I hope this information helps. Please let me know if there are any questions. Thank you, Diana Nary CSSS.NET Facility Security Officer Work: (402)502-4153 Cell: (402)212-8457 Fax: (402)393-1825 dnary@csss.net |