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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 Kevin Kevin B. Duff Rachlis Durham Duff & Adler, LLC phone: 312-733-3390 fax: 312-733-3952 mobile: 312-218-8620 RACHLIS 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 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 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 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 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 |