ML20207L337
| ML20207L337 | |
| Person / Time | |
|---|---|
| Issue date: | 10/10/1986 |
| From: | Connelly S NRC |
| To: | Asselstine J NRC COMMISSION (OCM) |
| Shared Package | |
| ML20207L144 | List: |
| References | |
| FOIA-86-796 NUDOCS 8701120101 | |
| Download: ML20207L337 (3) | |
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( a August 10, 1986 Mr. James Asselstine, Commissioner Nuclear Regulatory Commission Washington, D.C. 20555
Dear Commissioner Asselstine:
In accordance with guidance received by the NRC labor relations office, I am hereby filing a grievance against you under the provisions of NRC Manual Appendix 4157 entitled " Employee Grievances".
You have engaged in a pattern of harassment, attempted intimidation and personal. attacks on me. I believe this continuing harassment, attempted intimidation and personal attacks are retalitory actions against me for my unwillingness to allow you to influence the audits and investigations conducted by my office.
In your efforts to obtain a statutory inspector general in the Nuclear Regulatory Commission, you claimed I was intimidated.
When I refused to agree with your claims you subsequently directed your attacks at me personally.
You have refused to accept the decision of the Commission to reinstate me to my position and have launched an unwarranted
. malicious personal attack on me. You have clearly demonstrated personal vindictiveness against me.
The most recent example of your personal attack against me is your testimony before the Subcommittee on Energy and the Environment, Committee on Interior and Insular Affairs, on July 22, 1986. Particularly disturbing is the fact that you violated my Constitutional right to privacy by publicly commenting on information that not only is not available,to the general public, but has not been made available to me for comment, rebuttal or challenge.
You publicly commented on a Justice Department letter and referred to the opinions of internal investigators. Your comments were based on information provided to you by virtue of your official position. You could have provided your comments to the Subcommittee in private, accompanied by the appropriate caveats regarding disclosure. Instead, you knowingly and intentionally made your comments in a public forum.
8701120101 870108 PDR i FOIA AIROZO86-796 PDR
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You have abused the power and authority of your position to launch a personal attack against me. You have knowledge that I have not been provided for comment, rebuttal or challenge the information you referred to in your public comments.
You have clearly violated my rights as an NRC employee and as a citizen of the United States.
I refer you to 5 USC 552a(i) (1) which provides:
Any officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations est'ablished thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000.
You referred to the NRC's own investigators to support your views before the Subcommittee. Yet you neglected to advise the Subcommittee that the persons conducting the investigations were not, in fact, actual agency investigators, but rather were agency lawyers; and further that the lead " investigator" had official, professional and personal impairments to independence and impartiality.
The remedies I seek are as follows:
- 1. That you immediately cease and desist your harassment, attempted intimidation and personal attacks on me;
- 2. That you provide a statement to the Sybcommittee advising the members that the NRC has not provided me with copies of the Justice Department letter or the investigation reports so that I might have the opportunity to address or defend myself against the charges raised therein; and further that the investigators you referred to, namely the lead investigator, may have violated commonly accepted internal investigative standards regarding '
official, professional and personal impairments to independence and impartiality;
- 3. That the Commission refer your conduct in this matter to the Public Integrity Section of the Department of Justice for a determination as to whether or not you violated the Privacy Act; I
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- 4. That you provide me a copy of an accounting of all disclosures of information made by you or your staff, including the date, nature, and purpose of each disclosure and the name and address of each person or agency to whom the disclosure was made. Such an accounting is required under 5 USC 552a(c); and
- 5. That I be reimbursed for all legal fees incurred in pursuing this grievance against you.
Respectfully yours, Sharon R. Connelly t
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