ML20215K294
| ML20215K294 | |
| Person / Time | |
|---|---|
| Issue date: | 10/21/1986 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Garde B GOVERNMENT ACCOUNTABILITY PROJECT |
| Shared Package | |
| ML20215K297 | List:
|
| References | |
| FOIA-86-85, FOIA-86-A-29 NUDOCS 8610280095 | |
| Download: ML20215K294 (10) | |
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UNITED STATES 8
NUCLEAR REGULATORY COMMISSION o
En j
WASHINGTON, D. C. 20555 f
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Ms. Billie Pirner Garde Government Accountability Project Midwest Office IN RESPONSE REFER 3424 Marcos Lane TO F01A-86-85 Appleton, WI 54911
Dear Ms. Garde:
This is in partial response to your letter dated February 10, 1986, in which you requested, pursuant to the Freedom of Information Act (F0IA), records developed in the investigation of all EE0 complaints filed by employees of the Office of Inspector and Auditor against employees of the Office of Inspector and Auditor.
The documents listed on enclosed Appendix A and portions of the documents listed on enclosed Appendix C are being placed in the NRC Public Document Room, 1717 H Street, NW, Washington, DC 20555, in folder F0IA-86-85 under your name.
All of the documents identified on enclosed Appendix B and portions of the documents identified on Appendix C are being withheld pursuant to the F0IA Exemptions identified for each document on the appendices.
With regard to the information withheld pursuant to Exemption (5) of the FOIA (5 U.S.C. 552(b)(5)) and the Comission's regulations at 10 CFR 9.5(a)(5),
documents 23 and 24 of Appendix B are being withheld under the deliberative process privilege. They reflect predecisional advice, opinions and recomen-dations of the General Counsel's Office to the Comission concerning a matter under investigation. Release of this information would tend to inhibit the open and frank exchange of ideas essential to the deliberative process.
Documents 20 and 21 of Appendix B are draft documents and therefore also withholdable. Additionally, document 48 of Appendix B is being withheld under the attorney-client privilege.
It contains confidential comunications between an attorney and his client, the Comission, on a legal matter for which the Comission has sought professional advice.
The infonnation bein withheld pursuant to Exemptions (6) and (7)(C) of the i
l FOIA (5 U.S.C. 552(b (6) and (7)(C)) and the Comission's regulations at 10 CFR i
9.5(a)(6) and (7)(11 ) consists of names and identifying details the i
disclosure of which would constitute a clearly unwarranted invasion of personal privacy.
Recently, action by another agency has precipitated a re-evaluation of l
documents otherwise responsive to the request which have previously been l
withheld from another requester. Once the re-review is complete, we will provide such additional documents, if any, that are determined to be subject to release under the F0IA.
I g o2 g 5 861021 CARDE86-A-29 PDR
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Ms. Garde Pursuant to 10 CFR 9.15 of the Commission's regulations, it has been determined that the information withheld is exempt from production or disclosure and that its production or disclosure is contrary to the public interest. The person responsible for this denial is C. Sebastian Aloot, Senior Attorney, Office of the General Counsel.
This denial may be appealed to the Secretary of the Commission within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision."
Sincerely,
/Jen+O Y Y
Donnie H. Grimsley, Director Division of Rules and Records Office of Administration
Enclosures:
As stated
APPENDIX A RELEASABLE DOCUMENTS No.
Date Description 1.
10/25/85 Letter from Bequai to Presberry re: Shea EEO complaint (1 page) 2.
2/26/86 Letter from Cummings to Fitzgerald re: Sharon F.
Connelly (1 page) 3.
2/13/86 Letter from Cummings to Fitzgerald re: Sharon F.
Connelly (1 page) 4.
2/18/86 Letter from Fitzgerald to Cummings re Request for copy of document (1 page) 5.
2/14/96 Memorandum from aloot to Chairman Palladino and and Commissioners re: Lisa Shea EEO file (1 page) 6.
11/27/85 Memorandum from Alcot to Chairman Palladino and Commissioners re: Scheduling problems (1 page) 7.
2/26/86 Letter from Cummings to Fitzgerald re: Sharon R.
Connelly (1 page) 8.
1/9/86 Routing and Transmittal Slip (1 page) 9.
12/19/83 Copy of Routing Slip w/ attachment, xerox copy of negatives (2 pages) 10.
11/22 Copy of Memorandum of Call from Carol to Sharon re: call from Presberry (2 pages) 11 3/5/86 Letter from Fitzgerald to Greenspun re:
Report concerning review of EED complainant records (1 page) 12.
2/21/86 Letter from Fitzgerald to Cummings re: Copies of transcripts (1 page) 13.
11/8/78 Memorandum from Tucker to EEO Counselors re: Rights of the ADO in Complaints of Discrimination (2 pages), w/ attachment:
Copy of FPM Letter 713-42, dated 3/13/78 (5 pgs) 14.
7/25 Handwritten note from Lisa to Ron re:
schedule of audit (1 page) 15.
1/17/86 Note from Itzkowitz to Alcot re: Attached (1 page) 16 3/21/86 Letter from Alcot to Morrisette re:
Messinger submission (1 page)
s 17.
Undated Copy of NRC OIA Chart (1 page) 18.
10/13/78 Copy of NRC OIA Organization Chart (1 page) 19, 7/84 Copy of NRC Form 259 (1 page) 20.
Undated Annotated copy of OPM Policy Statement On And Definition of Sexual Harassment (1 page) 21.
12/12/75 Memorandum from Mayer to Brady re Attached copy of " Memo of Understanding," w/ copy of " Memo" (3 pages) 22.
9/27/82 Memorandum from Bird to All O&P Staff Members re:
Security of official Personnel Folders, w/
attachment (2 pages) 23.
9/29/82 Staffing & Position Branch PROCEDURES FOR FILES MAINTENANCE & CONTROL (23 pages) 24.
9/18/85 Memorandum from Kerr to Shea, subject:
Discrimination Complaint (3 pagesi 25.
9/26/85 Memorandum from Fitzgerald to Connelly re EED Counselor's Report (1 page) 26.
10/28/85 Letter from Kerr to Whom It May Concern re:
Tasks of D.
Presberry (1 page) 27.
11/12/85 Memorandum from Bentson to Norry, subject:
" Security of Official Personnel Folders" (1 page) 28.
12/5/85 Note from Rosenthal to Shea re: EEO complaint (1 page) 29.
12/9/85 hemorandum f rom Connelly to Presberry, subject:
"Your Request For An OIA Performance Appraisal Summary" (1 page) 30.
12/5/85 Note from Rosenthal to Shea re:
EEO complaint (1 page) 31.
12/6/85 Note from Shea to Rosenthal re:
Telephone call and meeting (1 page) 32.
12/17/85 Memorandum from Tucker to Shea, subject: " Discrimination Complaint Investigation" (1 page) 33.
12/30/85 Memorandum from Connelly to Presberry, subject:
"Lisa Shea EEO Matter" (1 page)
34.
1/28/86 Copy of U.S.
NRC OPA Release No. 86-9 re:
Connelly and Edles (1 page) 35.
1/28/86 Memorandum f rom Palladino to Connelly re; Administrative leave (1 page) 36.
1/10/86 Note from Shoemaker to Tucker re Date change (1 page) 37.
3/27/86 Copy of NRC Announcement No. 43 re Connelly (1 page) 38.
3/27/86 Memorandum from Palladino to Connelly re:
Termination of administrative leave (1 page) 39.
1/30-Copy of 4 newspaper articles discussing 4/30/86 Sharon Connelly (4 pages) 4/3/86 40.
1/10/85 Memorandum from Smith to Shea, subject:
" Notice of Final Intervrew With EEO Counselor" (1 page) 41.
9/23/85 Letter from Kerr to Presberry re: Enclosed official authorization (1 page) 42.
9/23/85 Letter from Kerr to Whom It May Concern re: Investigation of Shea complaint (1 page) 43.
12/11/85 Memorandum from Alcot to Chairman Palladino and Commissioners, subject: " Sexual Harassment, Retaliation And Appropriate Agency Corrective Action" (6 pages), w/ attachment (27) pages.
44.
1/29/86 Handwritten note from Walter to NJP (1 page) 45.
11/27 Undauthored handwritten note to Sharon and Geroge Messinger (1 page) 46.
Undated Handwritten name of D.
Presberry and address (1 page) l 47.
Undated Unauthored handwritten notes re: ADO's and Messinger (1 page) t t
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APPENDIX B:
WITHHELD RECORDS No.
Date Description 1.
None Unauthored, handwritten Memo / Record of Discussion re: Performance appraisal of employee (3 pages)
Exemption (6)
- 2. 10/82-9/85 Copies of employee's performance appraisal (13 Pages)
(Exemption (6) 3.
None NRC Form 286 " Record of Disclosure" (Personnel Security Files) w/ annotations (5 pages)
Exemption (6) 4.
9/85 Employee's Monthly Time Report (3 pages)
Exemption (2) 5.
None Excerpt from affidavit of employee re: EEO complaint (5 pages)
Exemption (6), (7)(C)
- 6. 12/5/85 Letter from W.L. Glenn, Jr. to D. Presbury re:
Enclosed affidavit (1 page), w/ copy of affidavit of employee (37 pages)
Exemption (6), (7)(C)
- 7. 10/7/85 Affidavit of Lisa Shea (57 pages)
Exemption (6),(7)(C)
- 8. 10/29/85 Affidavit of EEO Counselor re:
Employee EEO complaint (68 pages)
Exemption (6),(7)(C) l
- 9. 12/6/85 Affidavit of NRC employee re:
EEO complaint (74 pages)
Exemption (6),(7)(C)
- 10. 9/85 File of handwritten and typewritten notes re:
EEO complaint and performance appraisals l
concerning Agency employegs (84 pages) i Exemption (6),(7)(C)
- 11. 1/27/86 Transcript of interview with L.Shea re:
l EEO complaint (186 pages) l Exemption (6),(7)(C) 12, 1/10/85 Memorandum from Kerr to Shea, subject:
" Complaint of Discrimination" ( l page)
Exemption (6)
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- 13. 5/21/85 Copy of DOL "Rnquant for Excmination And/Or Trpatmant re:
NRC employes ( 1 paga) Ex. (6)
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- 14. 9/18/85 Memorandum from Connelly to Kerr, subject: "EEO Counselor's Report" ( 1 page)
Ex.(7)(C)
- 15. 1/10/86 '
Co'py of " Settlement Agreement And Release" between the NRC and agency employee (2 pages)
Ex. (6),(7)(C)
- 16. 9/4/85 Computer printout of OIA employee promotion chart (2 pages), w/ attachment: List of promtions from APS (2 pages) Ex. (6)
^17.
1985 Portions of L. Shea's personal calendar pages (7 pages) Ex. (6)
- 18. 10/28/85 Handwritten notes from interview of employee re:
EEO complaint (21 pages) Ex. (6)
'19 Undated Handwritten notes of investigator re:
^
Educational background of employee (4 pages) Ex.
(6)
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- 20. Undated.
Notes and drafts of 1986 OIA Audit Plan (7 L
pages)
Ex. (5)
- 21. Undated Draft NRC OIA Organization Chart, w/
annotations (1 page) Ex. (5)
- 22. 1/15/86 Memorandum from N. Palladino to G. Messinger re:
Detail (1 page) Ex. (6)
- 23. 1/6/86' Memorandum from Aloot to Chairman Palladino and
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Commissioners Roberts, Aselstine, Bernthal and Zech re: Shea EEO documents ( 1 page) Ex. (5)
/,
- 24. 3/14/86 [
Memorandum from Aloot to Magee and Davis re:
Sho;arequestforameeting(2pages)Ex. (5)
- 25. 1/8/86 Memorandum from Connelly to Chairman Palladino and Commissioners Roberts, Asselstine, Bernthal and Zech re: Shea EEO complaint (1 page)
Ex.(7)(C)
- 26. 4/23/86 Memorandum from n. Palladino to V. Stello re; Assignment of Messinger (1 page) Ex. (6)
- 27. ~9/20/85 Memorandum from S. Connelly to Chairman l
1 Palladino re: EEO Complaint and Lisa Shea
- (2 pages) w/ attachment, 9/18/85 Memorandum from Connelly to Kerr re
- EEO Counselor's Report (1 page)
Ex. (6),(7)(C)
- 28. 9/13/85 Memorandum from N. palladino to W. Dircks re:
l Complaint of Discrimination, w/ attachments (8 Pages) Ex. (6),(7)(C) y,,- -.-, -- -
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- 29. 8/16/85 Typewritten notes re; Meeting of 7/22/85, subject:
Promotion Discrimination (3 pages) Ex.
(6),(7)(C)
I 30.12/18/85 Letter from Aldrich to Fitzgerald re: EEO complaint (2 pages) Ex. (6),(7)(C)
- 31. 10/8/85 Memorandum from L. Shea to G. Bendit re:
Grievance (2 pages), w/ attachments: Memoranda from Collins to Shields re: Grievance meeting (3 Pages)
Ex. (6),(7)(C)
- 32. 9/10/85 Copy of Shea EEO complaint, w/ annotations (6 Pages)
Ex. (6),(7)(C)
- 33. 12/16/85 Copy of Memorandum from Connelly to Rosenthal re: Investigation of EEO complaint (2 pages)
Ex. (7)(C)
- 34. 10/8/85 Memorandum from Shea to Kerr re: Transfor (1 page) Ex. (6)
- 35. 11/27/85 Memorandum from Collins to Fox re: Reassignment of Employee (1 page) Ex. (6),(7)(C)
- 36. 12/5/85 Memorandum from A. Rosenthal to J. Roe re: EEO-complaint of L. Shea (1 page) Ex. (7)(C)
- 37. 9/18/85 Memorandum from Connelly to Kerr re: EEO Counselor's report (1 page) Ex. (Y)(C)
- 38. 9/16/85 4 copies of Memorandum from Smith to Kerr re:
EEO Counselor's report ( 3 pages each), 1 copy with attachments: Annetated version of No. 29, Appendix B and 9/16/85 annotated list of promotions (1 page)
Ex. (6),(7)(C)
- 39. 9/18/85 Memorandum from Connelly to Kerr re: EEO Counselor's report (1 page) Ex. (6),(7)(C)
- 40. 9/20/85 Memorandum from Messinger to Connelly re: EEO Counselor's report (1 page) Ex. (6),(7)(C)
- 41. 11/27/85 Letter from Connelly to Presberry.re: EEO complaint (1 page) Ex. (7)(C)
- 42. 9/19/85 Memorandum from Smith to Olmstead re: Request to act as employee representative pursuant to 29 i
CFR 1613.214 (B) (1 page) Ex. (6),(7)(C) i
- 43. 8/20/85 Note from Shea to Smith re: Career Promo-tions (1 page) Ex. (6)
- 44. 11/27/85 Note to R. Levi re: Summary of Interview (1
- 45. 3/5/86 Hamorendun from Aloot to Fitzgerald ra: Trans-mittal of tranneript extrccts (1 paca)
Ex. (6) 46, 2/11/86 Letter from Fitzgerald to Greenspun re: Report concerning EEO complainant records (2 pages)
Ex. (7)(A)
- 47. 3/27/86 Memorandum from Palladino to Edles re:
Termination of detail (1 page)
- 48. 1/14/86 Memorandum from Aloot to Chairman Palladino, subject: " Factors To Consider In Selecting An Appropriate Penalty In Employee Misconduct Cases" (2 pages)
Ex. (5)
- 49. 7/26/85 Letter from Gauthier to Lisa re: Verification of issues (1 page)
Ex. (6),(7)(C)
- 50. 8/20/85 Letter from Gauthier to Lisa re: Response to request (1 page)
Ex. (6),(7)(C)
APPENDIX C PARTIALLY WITHHELD DOCUMENTS No.
Date Description 1.
12/9/85 Copy of EEO form " Notification of Rights of Alleged Discriminating Official (ADO)"
(1 page)
Ex.
(7) (C) 2.
1/22/86 Letter from Aldrich to Fitzgerald re Receipt of transcripts (1 page) Ex.(6) 3.
1/15/86 Letter from Fitzgerald to Aldrich re:
Enclosure of transcripts (1 page) Ex. (6) 4.
12/17/85 Memorandu,m from Tucker to Connelly re:
Investigation of EED complaint (1 page)
Ex.
(7)(C)
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