Here is a summary of Leroy J. Pletten's job performance as a federal employee (in the period starting 26 August 1969) pursuant to the federal "Ratings for performance" law 5 USC § 4304, and civil service performance rating rules.
This record shows Mr. Pletten's pattern of above average, exemplary performance, better than colleagues as managers repeatedly documented, including by promoting Pletten five grades, from GS-7 to GS-12, in under five years (26 August 1969 - 23 June 1974).
6/12/1967 Graduation from University of Minnesota With High Distinction (3.91 GPA, 180 quarter credits).
1967 - 1969, University of Wisconsin Graduate School (33 semester credits, A.B.D.). Changed priorities, to serve nation. Chose Department of Army, a large federal employer with a diverse, complex, multi-occupation workforce, with priorities and organizational structure subject to significant changes pursuant to national priorities and needs, and with policy of developing personnel managers with expertise in the full range of personnel management occupations. (Personnel management has since been renamed as "human resources"; for consistency with the record, the then term is used herein).
8/26/1969 Qualified and hired at the Army Tank-Automotive Command, with over 5,000 employees, as Personnel Management Specialist, GS-201-7, Job No. 13583. (Bachelor's degree required). Promptly began developing knowledge of personnel management laws, principles, policies, and procedures pursuant to the five-point knowledge development program (position classification, staffing, employee and labor relations, training development, and employee benefits). Developed superior skill in researching, evaluating, interpreting, and presenting personnel management regulations and policies, and applying interpersonal skills, to provide optimum recommended solutions, and to influence others to adhere to program and policy objectives. Pletten met, and continues to meet, all education (degree) and "Health Qualification Placement" requirements of record:
11/06/1969 Letter of Appreciation from a serviced organization supervisor, Edward Peszko, saying:
11/06/1969 Personnel Director LTC Edward F. Washington immediately forwarded this praise, and said
11/26/1969 Personnel Officer Fred R. Goss in turn forwarded that praise, saying:
9/06/1970 Promotion to Personnel Management Specialist, GS-201-9, Job # 13584, based on Pletten's qualifications (Master's degree or equivalent-in-education/experience required). Continued developing and fine-tuning the full range of personnel skills.
9/19/1971 Promotion to Employee Relations Specialist, GS-230-11, Job No. DA-913-1, based on same (Ph.D. or equivalent-in-education/experience required). Was assigned organizations totaling approximately 1000 people, to service, evaluate, and develop any needed program improvements.
Late 1971 TACOM began the employee Recognition Plan for employees with low use of sick leave. (This was done in conjunction with Comptroller staff.) Analyses by Pletten and others had shown a need to reduce workforce apparent excess use of sick leave.
11/1971 Well-liked and respected by his fellow workers, Pletten was elected by them to the Civilian Welfare Fund Council (CWFC). The fellow CWFC members then elected Pletten its Chairman. CWFC functions included developing and/or financially supporting recreational, social, compassionate, and morale-related activities for the civilian work force. This included sponsorship of sports such as softball and basketball with both intramural and outside leagues for both men and women; Christmas activities; picnics or dances; flowers for deceased employees; employee emergency loans; and the biggest expense, the base newspaper. Pletten found that predecessors had left the CWFC near destitute by their failure to consult the pertinent regulation on alternate funding source for the latter. Under Pletten's leadership, the Commanding General, Joseph E. Pieklik, was approached; he reacted promptly, arranged the appropriate alternate funding. Pletten thus came to feel that when others have failed over a period of time, seek alternative persons in authority for sound resolution to come about promptly.
1/1972 Detailed to Technical Services Branch based upon Pletten's widely recognized ability to comprehend previously unfamiliar matters, master them overwhelmingly, then suggest and make improvements. Assignment was to analyze TACOM's then manual (non-computerized) personnel information system (record-keeping), and (in conjunction with computer programmers) invent computerized records, for example, to make usable retention registers, produce simultaneous thousands of DA Form 2515's for pay raises, assure timely employee career appraisal notices by devising a computerized notification system, and other innovations.
3/3/72 Letter of Appreciation on sick leave, as the recognition program began, from Personnel Director Col. Benjamin Safar as I
9/21/1972 Employee Career Appraisal, DD Form 1559, from supervisor Helen F. Cochran, Chief, Management-Employee Relations Branch rating Pletten's
9/22/1972 Civilian Personnel Officer, George A. Blakeslee, noting Pletten's long term detail assignment to the Technical Services Branch, as distinct from official of-record assignment in Management-Employee Relations Branch, said
11/10/1972 Letter of Appreciation from a serviced organization Director, John H. Cyrus, of Management Information Systems, saying
12/15/1972 Letter of Appreciation from Chief of Staff Col. Kay L. Wieland to Pletten and his
3/5/73 Letter of Appreciation from Personnel Director Col. Donald E. Atkinson for Pletten's again having
6/29/1973 Supervisor Verna L. Atkinson, Chief, Technical Services Branch (where Pletten had been detailed since January 1972) appointed him acting supervisor of the branch concurrent with Pletten's forthcoming official assignment there.
7/20/1973 Pletten submitted DA Form 1045, Suggestion 74-68, based on analysis of protracted delays in filling vacancies: for expediting decisions up the chain to higher levels.
9/5/1973 On a Department of Defense Employment Inquiry Form, DD 556, Helen F. Cochran, Chief, Management-Employee Relations Branch, rated Pletten as
9/06/1973 Employee Career Appraisal, DD Form 1559, from supervisor Verna L. Atkinson, Chief, Technical Services Branch, rated Pletten's
11/12/1973 Employee Career Evaluation stated:
12/14/1973 Pletten submitted DA Form 1045, Suggestion 74-685, based on analysis of employee reports with respect to ventilation: for installation of a humidification system.
1/11/1974 Pletten submitted DA Form 1045, Suggestion 739-74, for check-mailing, based on analysis of employee absenteeism rates after the morning pay check delivery: for late afternoon delivery.
1/28/1974 Suggestion 73-870 Award ($185) from Civilian Personnel Director W. S. Moyers for recommending
2/20/1974 Pletten submitted DA Form 1045, Suggestion 74-932, based on analysis of TACOM's high sick leave rate above the DA goal of NTE 61.9 hours: for additional recognition of non-users of sick leave (those using $250+ less sick leave than the DA goal) for consistency with other awards involving savings of $250 or more.
2/25/1974 Pletten submitted DA Form 1045, Suggestion 74-959, based on analysis of anticpated employee reduction-in-force planned to occur in June: for postponing the new telephone directory from March to thereafter.
2/27/74 Letter of Appreciation from Civilian Personnel Director William S. Moyers for Pletten's again having
2/1974 On a Department of Defense Employment Inquiry Form, DD 556, Helen F. Cochran, Labor Management Relations Specialist (Chief, Management-Employee Relations Branch, rated Pletten as
3/1974 Pletten conducted a poll of the workforce with respect to CWFC functions (its financial support of recreational, social, compassionate, and morale-related activities including sponsorship of sports such as softball and basketball with both intramural and outside leagues for both men and women; Christmas activities; picnics or dances; flowers for deceased employees; employee emergency loans). The poll included the possible establishment of a day care center for mothers working at TACOM, with results showing need in the area.
3/4/1974 Marie W. Milmine, Administrative Officer, issued a memorandum on the delegation to Pletten of authority to sign workers' time and job cards.
3/25/1974 Pletten submitted DA Form 1045, Suggestion 74-1069, based on analysis of bi-weekly duplicative employee leave records: for reduction or abolition of duplicative data notices pursuant to the higher authority directive of 40% paper output reduction.
5/09/1974 Memorandum saying
6/23/1974 Promotion to Labor Management Relations Specialist, GS-230-12, Job No. DA-907, above Ph.D. level, giving
8/21/1974 Assigned "to serve on the TACOM Survival Measures (Civil Defense) Teams"
8/1974 Letter of Appreciation from Andrew Cook of a serviced organization, telling Civilian Personnel Director William S. Moyers about Pletten's work:
9/1/1974 Civilian Personnel Director William S. Moyers forwarded the 8/74 praise and added:
9/17/1974 Civilian Personnel Director William S. Moyers appointed Pletten the "Area Fire Monitor"
11/1/1974 Employee Career Appraisal, DD Form 1559, from Deputy Civilian Personnel Director John C. Simon, rating Pletten's
11/24/1974 Reassignment to Employee Relations Specialist, GS-230-12, Job No. DA-913c
12/3/1974 Notice of Satisfactory Completion of TACOM's "Medical Self-Help Training" on "Radioactive fallout care and protection," "Transportation of wounded," "Disease containment," "Nursing principles," and "General first aid techniques"
12/06/1974 Chief of Staff Col. John C. Geer issued Special Order No. 194 on Pletten's appointment to the Central Accounting Office Council, as a Member and Recorder.
4/24/1975 Notice of Satisfactory Completion of TACOM's "Alcohol, Drug Abuse and Troubled Employee Course"
5/02/1975 Letter of Appreciation for Pletten, addressed to Civilian Personnel Director William S. Moyers, from a serviced organization supervisor, Edward J. Leavy, for Pletten's work quality:
5/06/1975 Director Moyers forwarded to Pletten's supervisor, Gordon Hagin, the 5/2/75 praise:
6/3/75 Certificate of Achievement from Civilian Personnel Director William S. Moyers for again Pletten
6/03/1975 Letter of Appreciation from Civilian Personnel Director William S. Moyers on sick leave, saying
7/21/1975 Suggestion 74-1144 Award ($50) from Civilian Personnel Director William S. Moyers for
4/9/76 Letter of Appreciation from Director Moyers for Pletten's again having
8/12/1976 Assignment to explain the new sick leave analysis system to "All Directors/Project Managers/Office Chiefs."
9/08/1976 Assignment to advise managers on
11/10/76 Appointed as a Crime Prevention Officer, in addition to regular duties. (Promptly analyzed perimeter security, noted deficiency, recommended correction, implemented after disregarded a couple decades.) (Crime prevention is especially difficult when there is a record of higher authority (Pentagon) complicity, e.g., with drug smuggling.)
4/5/1977 Official Commendation from acting Civilian Personnel Director Arthur C. Strong for
4/19/77 Letter of appreciation from Civilian Personnel Director Archie D. Grimmett for Pletten's again having
6/3/1977 Letter of Appreciation from Incentive Awards Director Marie W. Milmine for Pletten's suggestion (No. 77-486) on altering processing of "Fitness for Duty Examinations." She said:
8/1977 Department of Defense Regulation 32 CFR § 203 was issued, to control smoking conduct. 32 CFR § 203 incorporated and enforced the right to pure air, pursuant to legal concepts and rights which have existed since at least the time of Hammurabi. 32 CFR § 203 ordered each subordinate agency (Navy, Marines, Air Force, Army, etc.) in DOD to implement it.
9/18/1977 Reassignment to enhance promotional opportunities, to Position Classification Specialist, GS-221-12, Job No DA-905c, "Qualification requirements waived," with duties to help our percentage share of serviced organizations on
11/1977 As directed by DOD's 32 CFR § 203, Army Regulation 1-8 was issued, to control smoking conduct. AR 1-8 incorporated and enforced the already existing right to pure air, pursuant to legal concepts and rights which have existed since at least the time of Hammurabi.
12/19/1977 Letter of Appreciation rapidly followed, in this newly assigned (9/18/1977) job, from Housing Management Director James Thompson, saying:
12/23/1977 Civilian Personnel Director Grimmett forwarded the 12/19/77 praise, adding
12/29/1977 Provided evidence for Personnel Office co-worker, GS-12, Evelyn Bertram, with respect to building ventilation impact. Her case was thereupon approved.
2/06/1978 Letter of Appreciation from Robert Greven, Chairman, Local Wage Survey Committee, saying:
February 1978, Arrival of new supervisor, Jeremiah Kator
5/3/78 Letter of appreciation from Col. G. R. Dawson, Director for Personnel, Training and Force Development, for Pletten's again having
11/20/1978 Letter of Appreciation from Selfridge Air National Guard Base Commander Col. Irving Monclova (who provided Pletten a key to the entry gate):
January 1979, assigned by Supervisor Kator to manage the Detroit Full Scale Wage Survey, one of the largest national surveys (covering the Eastern Michigan and Northern Ohio DFSWS district). Kator's plan was for Pletten (based on his already demonstrated superior competence) to replace the prior higher-ranked (GS-13) Chairman. That person's management of the DFSW Survey had been less than efficient, indeed, so bad and delay-ridden that the Department of Defense sent a full-time monitor due to
1/11/1979 Director Grimmett forwarded Col. Monclova's 11/20/78 praise and added:
2/20/1979 Letter of appreciation from Personnel Director Col. Charles D. Phillips for Pletten's again having
3/16/1979 Letter of Appreciation addressed to Personnel Director Archie D. Grimmett, from Jon Symon, Regional Representative, Department of Defense Wage Fixing Authority (based on the glowing report from the aforesaid Department of Defense monitor) based on Pletten's far-superior management of the DFSW Survey:
3/1979 Director Grimmett, concerning the 3/16/79 DOD praise, wrote and said:
6/1979 Pletten submitted DA Form 1045, Suggestion 79-852, based on analysis of data on smoking as the No. 1 cause of disease, and in view of TACOM's record of concern about its employees regularly using more sick leave than the Department's goal (61.9 hours per year). Pletten suggested the doing of a "Study of Sick Leave Usage Due To Smoking"
6/1979 Pletten's more persistent whistleblowing on TACOM violations of OSHA, Army Reg. 1-8, etc. [Edwin Braun, Industrial Hygienist, would (years later), on-the-record verify Pletten's action; see Braun's deposition.]
6/1979 Instead of complying with the AR 1-8 criteria, TACOM moved Pletten to a different location. [See Braun's Deposition, p 7.]
9/17/1979 Letter of Appreciation to Pletten from Selfridge Air National Guard Base Financial Adviser Joseph J. Shumate:
9/1979 Denunciation of Pletten in TACOM newspaper, in reprisal against his whistle-blowing
10/17/1979 Civilian Personnel Officer Archie D. Grimmett forwarded the 9/17/79 praise and added:
11/13/1979 Employee Performance Rating ("Satisfactory") issued by supervisor Jeremiah H. Kator
11/14/1979 Employee Performance Rating ("Satisfactory") approved by Deputy CPO Edward E. Hoover
11/16/1979 Whistleblowing via Inspector General Action Request (IGAR) forms to Dept of Army Inspector General (10 aspects).
11/19/1979 DAIG Acknowledgment Letter by Col. John R. Jeter, Team Chief. All ten IGARs were then forwarded down to TACOM for it to investigate itself! Naturally, all were dismissed as without merit, leaving the matter once again solely up to USACARA (whose Report was still pending) to try to impose at least some compliance on TACOM. Two more months go by. TACOM continues doing nothing to begin the compliance process. [Click on letter to enlarge it.]
11/12/1979 Pletten's efforts to contact the Commanding General, pursuant to his "Open Door" policy, to obtain compliance (pursuant to Pletten's favorable experience with so doing on the CWF, supra. Management, e.g., Personnel Officer Archie Grimmitt, obstructed, prevented such meeting.
1/25/1980 USACARA Report in Pletten's favor, affirming his reporting TACOM violations of Army Reg. 1-8. Whistleblowing no longer low-key!! (Pursuant to Army Reg. CPR 700.771, implementation of the USACARA Report is mandatory, Spann v General McKenna & Dept of Army, 615 F2d 137 [CA 3, 1980]).
2/1980 TACOM ex parte with MSPB, as per its anti-whistleblower policy and practice, to terminate Pletten in retaliation for his USACARA win, seeking implementation, and notifying TACOM of intent to use the USACARA win as evidence in his class action activity on behalf of others. This entailed advisory of demanding Pletten go away because of the non-complying working conditions; pursuant thereto, C. Averhart made such "go away" requests of Pletten; he refused.
2/1980 Decision process on ousting Pletten due to the hazard, while denying the hazard, a contradiction MSPB would uphold. To ensure that Pletten not be allowed to appeal elsewhere than to MSPB, access to EEOC review process was cut off.
2/1980 TACOM thereupon cancelled Pletten's access to the EEO review forum (29 CFR 1613). TACOM was especially anti-EEO review, as the EEO investigator would be from USACARA!! meaning, from the same USACARA that had just ruled in January 1980 for Pletten. [EEOC verified the Feb 80 cut-off of access to EEO review in its 23 Feb 1982 decision, Dockets 01.80.0273, et al.]
3/28/1980 ouster notice from Edward Hoover/Col. John Benacqista retroactive to 17 March 1980.
March 80 and thereafter, Pletten, showing his being ready, willing, able, and eager to work, repeatedly returns to duty, as per the Bevan precedent. The ouster, and continued refusal to let him return is done, says Chief of Staff Col. John Benacquista, to extort from Pletten a promise to cease and desist his reporting the TACOM violations.
3/20/1980 Letter of Appreciation from supervisor Jeremiah H. Kator (who opposed the termination decision) for again using no sick leave (1979). (Unfortunately for Pletten, Kator was attempting to transfer out of TACOM, so he would periodically be gone to other Army bases for interviews.)
4/1980 Pletten requested EEO review. TACOM refused to allow EEO review on merits, so it has not yet occurred.
4/1980 coworker Carma Averhart initiated 'fitness-for-duty' exam against Pletten to cover up the already long-made "decision to terminate" on pretextual basis. (See corruption background).
5/27/1980, TACOM-initiated 'fitness-for-duty' examination by Dr. David Schwartz verifies Pletten ability to work, rejects TACOM refusing to let Pletten return-to-duty (RTD). TACOM has its unethical compliant Dr. Francis Holt overrule the examining Dr. Schwartz! (See his deposition.)
6/15/1980 Within grade quality-work pay increase (WGI, $823) granted by Pletten's supervisor Jeremiah H. Kator for Pletten's continuing good quality work above job performance standards and requirements. See Kator's testimony, pp 50-51. (Kator opposed the "decision to terminate" Pletten, hence granted the WGI.)
June 1980, Supervisor Kator leaves TACOM
July 1980, having demonstrated her support for ousting Pletten, supra, Carma Averhart is made Kator's successor.
10/1980, Publication of Pletten's cost analysis of tobacco costs to society, in magazine subscribed to by TACOM's Drug Abuse Office
11/1980 Performance rating remains acceptable by supervisor Averhart (there being no evidence contrary to the June WGI status)
12/1980 Allegation of retroactive effective date of disability retirement (filed by a jealous corrupted-by-promotion-offer co-worker, in April 1981, in conjunction with drug users, as part of their criminal pattern of extortion) in defiance of Federal Personnel Manual Supplement 831-1, Subchapter 10, Part 2.(f), which says inter alia:
January - September 81, Michigan Employment Security Commission (MESC) rulings in Pletten's favor confirming his ability to perform his duties. MESC awarded unemployment compensation to Pletten. This cannot be done for employees guilty of removal-warranting offenses.
February 1981, via TACOM ex parte contacts with MSPB, advisory to forcibly retire Pletten; and that MSPB would soon issue a decision fabricating numerous claims of TACOM actions to obey rules including AR 1-8!
April 1981, pursuant to MSPB advisory, TACOM (via T. Alef and E. Hoover) applies to forcibly retire Pletten on disability retirement, a move both Pletten and OPM oppose. Pletten also sought EEO review; again, TACOM refused to process the request.
May 1981, MSPB, as per ex parte contacts with Ronald Wertheim, Ersa Poston, et al, fabricates claims of TACOM ventilation improvements! fraud grossly contrary to fact, as verified by TACOM Industrial Hygienist Edwin Braun's Deposition
July 1981, Pletten, to call MSPB bluff, ACCEPTS as adequate, the MSPB improvements-at-TACOM claims! (Also accepting are Drs. Salomon and Dubin, as per their opposition to TACOM having overruled Pletten's work ability.)
Aug 1981 TACOM, to obstruct MESC's decisions, fabricates a claim that Pletten will return to duty on a fabricated date in December 1981!!
Aug 1981, TACOM simultaneously, retroactively to January 1981, puts Pletten on forced Leave Without Pay (LWOP) in direct violation of TACOM Reg. 600-5.14-27-28, which expressly forbids forced LWOP. (This regulation had been written to stop supervisors putting employees, e.g., women, on forced LWOP, on pretended medical grounds, e.g., that in their lay medical opinion, a pregnant woman can't work. We wrote the forced LWOP ban to stop supervisors ignoring medical evidence! then TACOM defies the regulation, the very next situation!) Pletten sought EEO review of the forced LWOP violating TACOM-R 600-5.14-27 - 28); again, TACOM refused to process the request.
Oct 1981 OPM's first decision in Pletten's favor, confirming his ability to work. Pletten immediately again sought to return-to-duty (RTD), as per OPM and agency regulations, and was refused.
Nov 1981 Performance rating of Pletten remains acceptable, by supervisor Averhart (there being no evidence contrary to the June 1980 WGI status; and she, carrying out Col. benacquista's extortion, refused to RTD Pletten, nor provide him any projects)
Nov 1981 co-worker corrupted by promotion offer (Averhart) decides to remove Pletten forthwith (Deposition admission, p 17, lines 12-13), and sends me confusing non-specific self-contradictory letter of removal or disqualification, providing no specifics of misconduct, or below-requirements anything! (See deficiencies list.)
Oct 1981 - June 82 MESC actions in Pletten's favor confirming his ability to perform his duties, rejecting TACOM appeals against the unememployment compensation award.
Dec 1981, contact with MSPB's Ronald Wertheim, citing the MSPB fabrications he'd falsely invented, then upheld! He treated the MSPB falsifications as a joke, pursuant to MSPB policy of falsification and anti-whistleblower hostility, said he was leaving MSPB to become a D.C. judge.
1-22-1982 Removal of Pletten at last admitted by TACOM. No notice of all appeal rights was provided, as TACOM, by ex parte contact with MSPB, wanted to force review into MSPB, where favorable decision ignoring the evidence, had been pre-arranged.
1-29-1982 Gen. Stallings committed mail fraud, pretended I'd be allowed EEO review. (To see his general disdain for rules and fact, see his deposition.)
Dec 2002, Macomb County Circuit Court notice of acceptable performance as juror (Context).
May 2005, HRS letter saying "Your qualifications are very impressive."
|So it is clear that, based on Pletten's above career record, the agency disregarded it, and the rules on what an agency must show to do a removal, much less, obtain an involuntary disability retirement against an employee, in retaliation for his having won a 25 Jan 1980 decision by an impartial Examiner for the ancient well-established, oft-judicially-recognized, legal right to "fresh and pure air."
Thereafter has followed Pletten's continuing effort (1980 - 2003, so far) to get review to begin, like others receive.
Note a subsequent verification of the lack of notice of EEOC forum rights.
Note that TACOM claims to have done both "removal" (a disciplinary action) and, contradictorily, a "Medical Disqualification" (with respect to Tobacco Smoke).
Note that TACOM presented no evidence for either allegation:
Please look for such evidence! You will find none.
Having and citing no evidence for the accusation, and using non-existent or invalid personnel qualification requirements, are examples of classic discrimination.
TACOM expects to lose, if it ever allows review-on-merits. Hence, it is continuing its protracted two-decade (approaching 24 years) refusal to allow EEO review of the type others receive, e.g.,
These refusals are easily verified
Neither was ever made. TACOM never allowed the requested review on merits to proceed that far, despite EEOC orders commanding it.
|Ed. Note: Summary: This is one of many items in the record of this U.S. government whistleblower removed for reporting employer law violations, endangering public safety and health.
The "decision to terminate" aka "removal" was made without first providing 5 USC § 7513.(b) advance notice of charges of any type, misconduct, malperformance, etc. A civil servant "removed" without notice remains on the rolls, says Sullivan v Navy, 720 F2d 1266 (CA Fed, 1983), just as a spouse told to "get out" remains the spouse, says Siemering v Siemering, 95 Wis 2d 111, 115; 288 NW2d 881, 883 (Wis App, 1980) (the "condition precedent [proper document] not having been met, the action was never commenced").
Once administrative review on merits begins (review that has been refused him from February 1980 to present), the above-named persons will be witnesses to Pletten's above average - outstanding performance.
|Remember that the 1950's - 1970's were an era of civil rights. This included affirming the duty to use, in hiring and retention decisions, validated Bona Fide Occupational Qualifications (BFOQ) requirements. The federal government was establishing the Equal Employment Opportunity Commission (EEOC), and regulations such as the Uniform Guidelines on Employee Selection Procedures, 29 CFR § 1607, mandating same, and regularly enforcing the BFOQ concept. A number of precedents followed. See also federal selection regulations such as 5 CFR §§ 300, 333 and 335.|