A Club in the Hands of the Politically Correct – Part 8

Greetings:

The last “clubbing” post, promise – well, maybe an “afterword” now and then as events unfold, but only to keep you up to speed. So, let me hit a few things in this one: a revisit as to the nonsense regarding my Peace Corps termination; my struggles in getting the FOIA (Freedom of Information Act); my legal update; some general observations on the experience; and finally a brief word on my situation now.

***

Peace Corps termination:

Let’s have a temperature check; most of the conversation in these posts has to do with the sexual harassment complaint back in August and the fallout since. Don’t forget that I was not terminated because of a harassment complaint – right? (I know – that fact gets lost in this whole damn thing.) Now, I’ve always felt the subsequent interest in my criminal record had to do with the complaint; I mean a complaint like this would ratchet up PC/DC’s interest in anything in my past. And though the grounds for the complaint were dismissed, my application lapses were considered enough to terminate me and get rid of someone that even hinted of embarrassing malfeasance – don’t mess with the Politically Correct Peace Corps. Now, I think I’ve made it clear that I consider my dismissal from the Peace Corps on the grounds that I laid out a couple of posts ago just so much bullshit. Yeah. But let’s play the Peace Corps/DC game just for the hell of it.

Another volunteer (!) was giving me some good words a few of weeks ago: “And what’s the reason for a background check anyway?” I had no clue what she was getting at, “Are you kidding? Hell! You have to do a background!” I must have looked at her funny and as to a child she carefully explained: a background check should be used to determine whether or not you’re fit to serve – honest, good character, reliable, etc. Holy hell, I was losing the forest for the trees. I checked this out and Googled “purpose of Peace Corps background checks.” Damn, I was stunned at the reasoned recommendation the Equal Employment Opportunity Council (EEOC) offered to the Peace Corps (!!!) regarding its use of the extensive background check information. Indulge me a bit on the termination with some verbatim extract – too salient to paraphrase.

Source: http://www.eeoc.gov/eeoc/foia/letters/2011/title_vii_criminal_record_peace_corps_application.html:

[T]he Peace Corps should ensure that its criminal history policies and practices are “job related and consistent with business necessity.” For exclusions based on convictions, the legal standard is that the criminal conduct is recent enough and sufficiently job-related to be predictive of performance in the position sought, given its duties and responsibilities.

The Peace Corps Volunteer Application asks about all convictions regardless of when they occurred.  If this means that the Peace Corps is prepared to exclude applicants for any conviction, whenever it occurred and whatever it involved (even a conviction for a minor offense), we question whether the exclusion is “job related and consistent with business necessity.”  To ensure that applicants’ criminal history information is used in a way that is consistent with Title VII, the EEOC recommends that the Peace Corps narrow its criminal history inquiry to focus on convictions that are related to the specific positions in question, and that have taken place in the past seven years, consistent with the proposed provisions of the federal government’s general employment application form, OF 306.

If you don’t read any of these posts in their entirety (and you know I wouldn’t expect you to – they’re so damn long!!), please read carefully the above EEOC take on what should be the purpose of the Peace Corps background check – here are the main points:

·         It is important that any use of the individual’s criminal background is “consistent with Title VII” – in a nutshell, Title VII (part of the Civil Rights Act of 1964 – yay to the 60s and LBJ!) is a federal law that prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion.

·         Use of this material should have a direct relation to and be consistent with the volunteer’s job;

·         Use of material in an individual’s criminal background should be limited to events within the last seven years.

Seriously, as I read this, my use of the word “stunned” above is way too Politically Correct. I was thinking words that would push this PG rated blog well into the lower extremes of R rated. I was blown away. My termination hinged on a (questionable) DUI charge of twelve years prior. (I assume that Lateefah put aside the shoplifting charge due to stolen identity – but who the hell knows?) Recall that I pleaded with Ms. Burgess to allow my attorneys to submit the records on this. (Including the breathalyzer showing well below DUI levels!) But nope, nada, asgjë, nothing,

But for the hell of it, let’s just say the DUI was valid. Hmm. I certainly have more than a few references with my fellow volunteers attesting that my drinking habits wouldn’t impact on the job (“You know, Bill, I like having beers with you because I can always count on you giving me half of your mug!”); and as far as my driving, oh yeah, we don’t drive. Here I am, without success, trying to defend an event from twelve years before, an event the EEOC felt shouldn’t even have been considered – yeah, forests and trees. Amazing.

So, if we divorce the assumptions of sexual misbehavior from the facts of the termination it’s a different story, right? But Lateefah Burgess, Director of Placement, and the Politically Correct Peace Corp bureaucracy I am convinced made the connection – a connection which prompted one volunteer to say to me in the course of these “clubbing” posts, “Bill, this really pisses me off! If they’re going to can your ass for sexual harassment, then prove it and be up-front about it! Instead of this underhanded crap!”  Ahh, yes – but the marriage of the Politically Correct and bureaucracy is pretty unassailable.

As I mentioned previously I’ve been reading quite a bit (an opiate so to speak). In the Dune novels (which I had never read) I came across this characterization of the bureaucrat; as I read these lines the opiate wore off and I thought of Lateefah, one of my many favorite bureaucrats – I was smiling (paraphrasing here, but a healthy bit of plagiarism, too):

He stood apart from those in authority; his gods were routine and records. He was served by prodigious filing systems and expediency was the first word in his catechism. Though he gave proper lip-service to the precepts of the highest values he betrayed his words with every action – which showed his preference for machines to men, statistics to individuals, and the faraway general view to the intimate personal touch requiring imagination and initiative.

What a great obituary!! So I have to believe this PC/DC move was to appease superiors and oversight committees and to mitigate the sexual harassment clamor coming out of PC/Albania. My Peace Corps termination was an expediency divorced from merit or valid reason. At least that’s what the attorneys will argue as this goes forward.

***

Freedom of Information Act (FOIA) request pain and suffering:

As I have written earlier, the only information I ever received regarding the sexual harassment complaint and its subsequent dismissal were in phone conversations with the Country Director – again, no copy of the complaint to me, no official written notification that the charges were dismissed, nothing except phone calls. Yes, and despite countless queries, with nearly as many promises, and a smattering of bureaucratic excuses, I was still waiting, almost seven months later.

So, I would like to see the email stream between PC/Albania and PC/DC and interoffice memos.

Let me just give you some message excerpts regarding this bit; and take measure of my increased energy and disgust with each passing communication. Now reader, this is just a wafting moment (to pass over lightly), but it should offer some sense how difficult it’s been for me to get full disclosure on anything.

·         August 31, 2015 – WKM to attorney: “I would like you to execute a Freedom of Information Act request on all documents, emails, communications, etc. relating to my Peace Corps application, service, separation, etc.”

·         September 02, 2015 – FOIA/PC/Candice Allgaier to attorney: “Attached is a Privacy Act (PA) form – ‘Statement of Identity/Release Authorization’ – for William Karl Martin to complete and for you to submit for purpose of verification.”

·         September 04, 2015 – attorney to WKM: “Thanks Bill. I’ve filed the Form with the FOIA Department of the Peace Corp.  I’ll let you know if I need anything further.” 

·         October 27, 2015 – WKM to attorney: “Nothing on the FOIA?”

·         November 03, 2015 – attorney to WKM: “I still haven’t heard a thing on this.  I’ll keep you posted.”

·         November 20, 2015 – WKM to Congressman Stewart: “I am writing you in hope that someone in your office would take the time to contact Candice Allgaier in the DC Peace Corps office regarding the delay in my FOIA request.”

·         November 20, 2015 – WKM to attorney/cc. FOIA/Candice Allgaier: “As I indicated, if we hadn't heard anything regarding my email of last week to Ms. Allgaier I would contact my congressional representative, Chris Stewart. If this doesn't help I'll connect with Senator Hatch; I know Orrin casually and I think he'll assist without any hesitation.”

·         November 22, 2015 – attorney to WKM: “I still haven't heard a thing.  Sorry.  Let me look into our remedies for failure to comply – I honestly have never had a situation where they didn't provide ANYTHING!”

·         December 15, 2015 – Congressman Stewart’s office to WKM: “Earlier this morning, I sent an email inquiring about the status of your FOIA request. I will let you know as soon as I hear anything about your case.”

·         December 24, 2015 – WKM to Congressman Stewart’s office/cc. to attorney and FOIA/Candice Allgaier: “Despite assurances and promises from Ms. Candice Allgaier, PC/FOIA we are still waiting. To exacerbate our frustration even with the most recent requests from my attorney, your office, and myself, Ms. Allgaier has not felt it a matter to simply acknowledge our irritation with this delay… if I hear nothing by next week I will instruct my attorney to file [a subpoena].”

·         December 30, 2015 – FOIA/Candice Allgaier to attorney (the entire email): “Ms. McNeill, Please see attachments. Sincerely, Candice Allgaier, FOIA/PA Specialist, RPCV China 2007-2010.”

·         December 31, 2015 – WKM to attorney: “Well, I am so disappointed. There is nothing in the ‘interim responsive material’ file (155 pages!!) other than stuff copied from my original application papers and pre-service emails. Nothing about the sexual harassment complaint or findings. Nothing regarding termination except the ‘Consideration of Administrative Separation.’ Crap. Amazing that it should have taken four months to send this! Her letter indicated there should be more information coming by January 8. We'll see.”

·         January 15, 2016 – WKM to attorney: “Well, January 8 has come and gone.”

·         January 22, 2016 – attorney to WKM: “Is there a time that might work to Skype during my workday? We’ve done everything necessary to get the information.  The only step left is to initiate a lawsuit.”

·         January 29, 2016 – attorney to FOIA/Candice Allgaier: “We’ve been waiting for an appropriate response to this FOIA since September 2015.  We would like to avoid further litigation resulting from the Peace Corp’s failure to comply with the Freedom of Information Action.  However, we will pursue all available remedies if we have not received the requested information by Friday, February 5, 2016.” 

·         February 01, 2016 – FOIA/Denora Miller to attorney: “The search for material has been completed. There is a final response in the final stage of clearance…You will receive a final response to your request by the end of next week, February 12, 2016.”

·         February 01, 2016  – attorney to WKM: “Looks like it’s moved up the chain a bit.”

·         February 01, 2016 – WKM to attorney: “…let’s see. I'm guessing the next step is an ‘order to show cause’ if there are more delays.”

·         February 13, 2016 – WKM to attorney: “While it didn't entirely surprise, another FOIA promised day has come and gone, right? Amazing, isn't it? Almost half of a year and still waiting...”

·         February 13, 2016 – attorney to WKM: “I sent another email a few minutes ago to prompt an update.  I'll keep you posted on my end…I suspect that they are combing over everything very carefully so there are no surprises to them when the documents are released.  I'd like to think they aren't screening and removing docs, but we'll have to see what we get before we can jump there... Hang in there.”

·         March 14, 2016 – Congressman Stewart’s office to WKM: “Just letting you know that I’m still working with Peace Corp to try to get the rest of the FOIA documents sent to you. I haven’t heard anything from them for about a month, so I wanted to double check with you that they hadn’t already sent it over.”

·         March 14, 2016 – WKM to Congressman Stewart’s office: “I am rather pleasantly surprised to get your email. I knew I had been forgotten by the Peace Corps office; it's nice to know I have not been forgotten by my congressman...This is getting beyond ridiculous… And please copy my legal counsel on all of your communications to me.”

·         March 15, 2016 – Congressman Stewart’s office to WKM: “No, haven’t forgotten about you…I spoke with my contact again, and they said that a final response will be sent by the end of the week. Let me know when you get it. If you don’t have it by Monday, I’ll bug them again.”

I spent a total of five and a half months in the Peace Corps – how many documents, communications, notes, files, etc. could there possible be on me during that time? And seven months after my termination the material is “still being processed”? How is it possible we were still waiting? Even the legal process to get the Nixon Watergate tapes didn’t take this long!

Ahh, never overestimate the ability of the bureaucracy to do anything that would hint of the smallest measure of efficiency. And this would be the same for timely communication or even a modicum of courtesy. 

But we finally received the FOIA this last weekend!!

I was tempted to send this response (but didn’t):

And finally Ms. Allgaier and Ms. Miller, having had made a career in business and run my own company for two decades let me offer some heartfelt advice: do not go into the private sector; you have evidently found incredible job security in government employ – your continued service there will likely not be a boon to those you “serve,” but be comforted in knowing your bureaucratic skills and industry have secured a lifetime indemnity against unemployment. Yes, you have arrived.

So…after all this time I opened the files to see what the conversations and communications were regarding the August sexual harassment complaint. I didn’t expect to see any names – in fact I didn’t want any; I simply wanted to see the timeline and any connections between the harassment complaint and my termination. Additionally, I wanted – my attorneys wanted – a definite, in black and white, final statement that the complaints were groundless…that would certainly answer some of the rumors. Right?

Well, reader, this is what I got…

Nothing.

Let me just give you the email to my attorney that evening – pretty much sums it up:

From: William Karl Martin
Sent: Friday, March 18, 2016 10:15 PM
Subject: RE: FOIA/PA 15-0247

I opened the files; I don't know what to say. There is nothing here. Nothing. I'll look at it again in the morning but I am horribly disheartened. Just some basic communication on the pre-service, some communications regarding Bonnie Scott, from me and some other volunteers. A bunch of stuff on the background check. But absolutely nothing else.

There is nothing in here that indicates that there was even a sexual harassment complaint filed. Except for Scott's Facebook and Pilgrim post, and the copy of my [10.06.2015] email to Peace Corps Albania [regarding Ms. Scott’s Facebook post – see “Club…Part 5”]. My [ten page] response to the Country Director that I sent in August 2015 is not even in the file – or his report to DC absolving me. What in the hell is going on? …Damn.

Guys, what is your take on this. Seriously – I’d love to have your feedback: post, email, FB, personal ad, whatever. Am I crazy or what? The only proof I have of a complaint were my phone conversations with the Country Director. I have nothing else. Man, when we talk about an “anonymous” complaint there is really something to that! The joke about history – whoever wins gets to write anything they damn well please. Join hands and contact the living!

Just a couple more email excerpts:

·         March 21, 2016 – Congressman Stewart’s office to WKM and attorney: “Did they send you the final response last week?”

·         March 21, 2016 – Attorney to Congressman Stewart’s office/cc. to WKM: “We did get a response, but it was not complete. We’ll keep you posted.”

·         March 21, 2016 – WKM to Congressman Stewart’s office/cc. to attorney: "Yes it did - on Friday. Somewhat unsatisfactory: I will visit with my attorney and will get back to you if we need further assistance from your office."

Well, back at it. 

 

***

Legal action against the media and the Pilgrim:

However, there was plenty in the public record and in my own Peace Corps papers to go forward against the Pilgrim. The first thing you need to recognize is that things move slowly in Albania (almost as slow as a [redacted] PC/DC FOIA request!) – especially for an American dealing with libel at the hands of another American, both living in Albania.

It took an amazing amount of time to draft the proper letters to the media outlets, arrange for an accurate Albanian rendition by a court recognized translator, itemizing all the media portals, locating the physical addresses, arranging for registered mail (I had to hire someone to handle this – my visit to the post office was an experience in itself!), and then wait for the retractions – which may not be forthcoming. I knew that would be the case, but I had to go on record making the attempt – just like my request back in October to Ms. Scott was without response (except that she must have thought how laughable it was).

And media retraction – well, seldom do the media in the states retract a story; I think for the most part they’re careful what they print, though rarely do they get the story entirely correct. Any retractions to a front page headline unfortunately are usually found much later, buried on page seven with little notice, and certainly well after the public’s fifteen-minute attention span. So retractions, if they happen at all, won’t come close to mitigating the damages Ms. Scott has generated.

Wow!! Just as I am writing this, I get a text message:

March 18, 2016 10:40AM: Dear Mr. William [sic]. We just removed the CBS News article from JavaNews.al. By the way it was not our article but just a copy from Shiqiptarja.com which we quoted.

Great, but a little disingenuous on Java’s part – Shiqiptarja.com copied the CBS News reporting on the “Peace Corps sex scandal,” but as I noted in the previous post CBS did not mention my name and neither did Shiqiptarja.com. Java copied and pasted from another Albanian media site. No big deal on my end; I’m just hoping others will follow suit.

Regarding representation, I pretty much met with few possibilities here. While my professional friends in Albania have all said I should hit the Pilgrim with a lawsuit, getting an attorney was tough. Fortunately I got help connecting with a legal advisor, but then there was the long process of researching the code and determining my recourse. It was plain that Ms. Scott had violated civil and criminal statutes – but representation to argue either the civil or criminal between two expatriate American citizens was frustrating. Again fortunately, I got to know my court translator well and he introduced me to an attorney; based on his recommendations the attorney has agreed to prosecute my cases – criminal and civil – and we’ve since developed a friendship of our own. So, slowly, slowly, but moving along.

My legal costs on all of this has already run into a few thousand dollars – recourse to the law is not cheap, and hardly available (anywhere) for those who have little financial support. I look back on just the legal and I have to laugh. If the volunteer complainants’ chief motivation was to make my life miserable, the legal end alone did the trick, they couldn’t have done a better job! Seriously, pat yourselves on the back! And Ms. Scott, aka the Pilgrim, must feel a great deal of satisfaction how this has dragged out. Pretty self-assured I would think; but whatever her assurance, reader, I have the resources and all the energy in the world to give it my best shot in getting an accountability – likely with the same level of energy that the Pilgrim embarked on her mission to do her own brand of good in the world.

***

Now some final thoughts on the whole thing:

Well, it’s been a hell of a ride; and I think a defining moment for a lot of us – certainly one for me. I wish I had shown up a better: I could have been a better friend, and especially in my long email responses and conversations when volunteers would check in on me. Man, some of my responses were nothing more than venting, but thankfully the typical return response was filled with more understanding than I think I deserved.

And the life lessons learned on all of this. I won’t bore you with a rehash of my thoughts on Critical Thinking and the paucity of such in these events, dependency on emotional reasoning, trigger warnings, safe zones, the damages wrought by stereotype and gossip, and the general lack of integrity in this whole thing. It’s disheartening how few people showed up, how many fled in the face of Ms. Scott’s diatribe, and generally how so many are governed by herd-thinking, and baser, fearful and oft times malicious tendencies. A sad commentary for many, all the way around.

There was one uplifting life lesson – how others showed up. I ran into my very first Albanian friend this week – Sardi, from way back in Thane during my host family stay. You’ll remember Sardi from my early posts from that time. I hadn’t seen him since this whole thing hit me last August. He asked me how I was doing; he knew about everything. His uncle, it seems, asked him about me – and Sardi responded that he didn’t care what his uncle had read in the media, “My friend Billi is not like that.” It was nice to bump into him. A lot of volunteers were good friends during this time; but the Albanians – priceless.

***

And now where am I? Well munchkins, I think it was in early February when Mitesh – my first volunteer friend – jumped on me about getting my CV to him so he could pass it onto some people he knew at Ismail Qemali University in Vlora, on the coast. 

Within a couple of weeks I was connected with Albert Qarrie, the university rector. He was passing through Elbasan and wanted to meet. Of course! I know just the place! We met at

Berti and me at the Coffee House

my Coffee House office, our English/Albanian facilitated by a good buddy who was sitting next to us, and after a great visit, more emails, more visits, a couple of weeks ago he offered me a job – I’m teaching this term at the university! Yes, finally, life after Peace Corps, the Pilgrim, and all the other crap! Yay!! for me!! Moving piece by piece on weekend buses, will keep you posted!

Mitesh and me at the airport when we arrived in Albania - and a year later, almost to the day, in Vlora!

***

Finally!! I’ve reached the end of this “four-part series” – if you read the whole thing I’m impressed. But again, I really got tired with the questions that would come up and now I can just say, “Wade through the 80,000-word story and get back to me.” And that’s working out pretty well. A new bunch of volunteers hit Elbasan last week for their pre-service training. They were visiting with one of the volunteers in my group – “So, you know Bill, what’s the story?” “Well, check out his blog – it’s all there.” Thanks, buddy.

In the meantime, morning is still my favorite part of the day – especially now. My best to all of you guys – keep doing some good in the world. Later.

Ismail Qemali and me!!

XOXO

PS. “Clubbing” addendum will follow from time to time – and the first one pretty soon – damn!! I can hardly wait to tell you!!