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RE: Chris Cynowa - eligibility



Diana,

 

Do you have any restrictions in your schedule if we aim for January 5-6 or January 10-13 if we are able to proceed in Nebraska?

 

Kevin

 


From: Nary Diana [mailto:dnary@csss.net]
Sent: Thursday, December 23, 2010 2:24 PM
To: Kevin Duff
Cc: Wolford Lisa; John E. Murray; Kathleen M. Pritchard; Faraj Haytham; McDonald Bonnie
Subject: RE: Chris Cynowa - eligibility

 

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]
Sent: Wednesday, December 22, 2010 6:05 PM
To: Nary Diana
Cc: Wolford Lisa; John E. Murray; Kathleen M. Pritchard; 'Faraj Haytham'
Subject: RE: Chris Cynowa - eligibility

 

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

 

 

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From: Nary Diana [mailto:dnary@csss.net]
Sent: Thursday, September 23, 2010 5:55 PM
To: Kevin Duff
Cc: Wolford Lisa; O'Connor La Rayne
Subject: RE: Chris Cynowa - eligibility

 

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]
Sent: Thursday, September 23, 2010 5:24 PM
To: Nary Diana
Cc: Wolford Lisa; O'Connor La Rayne
Subject: RE: Chris Cynowa - eligibility

 

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]
Sent: Thursday, September 23, 2010 5:19 PM
To: Kevin Duff
Cc: Wolford Lisa; O'Connor La Rayne
Subject: RE: Chris Cynowa - eligibility

 

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]
Sent: Wednesday, September 22, 2010 6:52 PM
To: Nary Diana
Cc: Wolford Lisa
Subject: RE: Chris Cynowa - eligibility

 

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]
Sent: Wednesday, September 22, 2010 5:50 PM
To: Kevin Duff
Cc: Wolford Lisa
Subject: RE: Chris Cynowa - eligibility

 

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]
Sent: Tuesday, September 21, 2010 4:45 PM
To: Nary Diana
Cc: Wolford Lisa
Subject: RE: Chris Cynowa - eligibility

 

Diana,

 

Can you let her know that she can expect a call from me?

 

Kevin

 


From: Nary Diana [mailto:dnary@csss.net]
Sent: Tuesday, September 21, 2010 2:17 PM
To: kduff@rddlaw.net
Cc: Wolford Lisa
Subject: RE: Chris Cynowa - eligibility

 

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
Sent: Tuesday, September 21, 2010 1:30 PM
To: Nary Diana
Subject: FW: Chris Cynowa - eligibility

 

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]
Sent: Tuesday, September 21, 2010 2:27 PM
To: Wolford Lisa
Cc: 'Kathy Pritchard'; jmurray@rddlaw.net
Subject: RE: Chris Cynowa - eligibility

 

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]
Sent: Thursday, July 15, 2010 1:47 PM
To: Kevin Duff
Cc: Shelly Hughes
Subject: FW: Chris Cynowa - eligibility

 

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
Sent: Thursday, July 15, 2010 1:19 PM
To: Wolford Lisa
Cc: O'Connor La Rayne
Subject: Chris Cynowa - eligibility

 

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