USPS Sending Employees For psychiatric exam to non existant address

Don M. Moore filed this request with the United States Postal Service of the United States of America.

It is a clone of this request.

Tracking # 2017-FPFD-00078
Due Dec. 15, 2016
Est. Completion None
Status
Awaiting Response

Communications

From: Don M. Moore

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

All letters sending USPS employees for fit-for-duty exams at non existent address of 440 East Genesee St. Syracuse NY 13202 (for full description of such letters see August 30, 1994 USPS letter sending Don Moore for exam on September 8, 1994) on September 8, 1994. Note this is for a reduced number of letters from my other FOIA request on MuckRock as I'm only asking for one days worth of exam letters which should fall well under 100 free sheets of documents. Search time should be reduced using search items such as "440 East Genesee" and or "Dr. Andrus". With electronic files even OCR documents can be rapidly search at little cost!

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Don M. Moore

From: Isreal, Pamela R - Washington, DC

The attached document is being sent to you from the United States Postal Service.

From: Isreal, Pamela R - Washington, DC

The attached document is being sent to you from the United States Postal Service.

From: Isreal, Pamela R - Washington, DC

This information was sent to 30141-44088463 in error. MuckRock No. 30141-44088463 (USPS 2017-FPFD-00078 Final Response) and MuckRock No. 30143-39009859 (USPS 2017-FPFD-00079 both requests were listed on your website under the same number MuckRock No 30141-44088463. Please see revision to MuckRock No. 30143-39009859 (USPS 2017-FPFD-00079.)

From: Don M. Moore

Ms. Isreal's 12/21/2016 response posted on MuckRock is a claim that the USPS does not have any of the documents I requested in my FOIA request via MuckRock. By EL-860-2000-7 (see below sections from USPS regulation)such letters are required documents. Thus " Remember, sometimes a "no record exists" response is the "smoking gun" you need if you are trying to prove that an agency acted arbitrarily in some objectionable decision. ".

I also note the next section of the USPS regulation ". If an employee is unable or fails to appear for the examination, the supervisor is immediately notified for rescheduling or other appropriate action, as necessary." The employee has a legitimate reason for not making it to an examination if he was "accidentally" or more likely intentionally given wrong address for the examination thus the USPS reschedule the appointment hopefully with the correct address.

It seems to me it is well past time for the USPS to tell the public the truth about the intentional wrong address for fit for duty exams (in order to drive employee into psychosis and make it appear the employee is "mentally ill").

Psychosis is not an illness just a misunderstood condition - much of the misunderstanding is because of the secrecy of psychiatry. Psychiatry serves to preserve the status quo. The status quo in the USPS is sadly complacency with incompetence!

I post this to MuckRock and email to USPS. Again the letters sending employees to fit for duty exams are important letters that should be retained and not destroyed to cover up fact that the USPS intentional sends employees to wrong address for exams!

Since anyone can see by the MuckRock postings the USPS is not good at responding and is well over 60 working days since I submitted appeal via MuckRock and also emailed appeal to USPS I request the USPS respond with an estimated time to reasonable respond to my appeal ASAP!

from: EL-860-2000-7
Notifying the Employee of the Examination The occupational health nurse administrator, or designee, notifies the labor relations specialist of the scheduled examination. The labor relations specialist, or other person designated by the Human Resources manager, notifies the employee’s supervisor in writing of the examination appointment. The employee is notified by mail and, if practicable, by personal delivery from the supervisor. The letter to the employee must include information concerning the reasons the fitness-for-duty examination is necessary.

Notifying the Supervisor When an Employee Does Not Present for the Examination A fitness-for-duty assessment cannot be made until the examination has been completed. If an employee is unable or fails to appear for the examination, the supervisor is immediately notified for rescheduling or other appropriate action, as necessary.

http://www.foiadvocates.com/intro.html

Whenever you speak with agency personnel on the telephone, get their name and make sure that they know you are writing it down (e.g. ask for proper spellings, etc.),
Whenever you speak with agency personnel on the telephone, send them a quick letter memorializing the points covered and request that they immediately inform you in writing if your recollection of the conversation is incorrect, and
Make, and hang on to, copies of all correspondence involving your case.

Government agencies should use new technology to enhance public access to agency records and information." See P.L. No. 104-231, 101 Stat. 2422, Sec. 2(a)(1996).

In preparation of litigation. Remember, sometimes a "no record exists" response is the "smoking gun" you need if you are trying to prove that an agency acted arbitrarily in some objectionable decision. For example, if the law requires the government to have considered certain facts or undertaken a particular action which would necessarily have left a paper trail, the absence of such a trail can be used as evidence that the agency failed in the performance of its statutory duties. We have used this tactic very successfully to paint an agency into a corner from which they could not escape after litigation began.

From: Don M. Moore

I submitted two FOIA request to the USPS via MuckRock to the USPS on 11/16/2016. Pamela Isreal submitted same response to both to the other MuckRock FOIA Request with the only thing different the subject line of MuckRock posting on 12/21/2016 I submitted appeal via MuckRock Several times to both USPS responses starting on 12/22/2016. I also emailed the appeal to Ms. Crump (USPS FOIA liaison) and several others.To this date the USPS has not responded to my appeals. The USPS is way over due in responding to my appeals. I am also emailing another copy of this appeal to Ms. Crump and others. No reasonable reason has been provided by the USPS to toll the appeal to date.

(1) A copy of the request, of any notification of denial or other action, and of any other related correspondence;
(2) The FOIA tracking number assigned to the request;
(3) A statement of the action, or failure to act, from which the appeal is taken;
(4) A statement identifying the specific redactions to responsive records that the requester is challenging;
(5) A statement of the relief sought; and
(6) A statement of the reasons why the requester believes the action or failure to act is erroneous.

(1) should be provided by MuckRock
(2) FOIA tracking # #2017-FPFD-00078 and #2017-FPFD-00079
(3)Failure to produce the requested documents by claiming the documents if they did exist would of been properly destroyed years ago
I'm challenging the assertion that USPS 100.200 applies to Fit-For Duty Exam documents rather than USPS 100.700
(4) no responsive documents provided
(5) provide copies of all responsive documents, Acknowledgement by the USPS PMG of the numerous games played by the USPS and psychiatrist to drive people into psychosis, firing of Lisa Lynch, Walter Huba, Pamela Isreal, Linda Crump and others involed in the games and cover ups!

The response from Ms. Isreal is erroneous because USPS 100.200 is not proper regulation for medical related documents such as letter ordering a person to a fit for duty exam rather the proper regulation is USPS 100.700 which calls for 30 year retention, not 3 years as USPS 100.200.
Thus the requested documents should still exist.

In addition I further note Ms. Isreal's foot note in her final decision - I modified each subsequent FOIA request to over come the previous denials so each request was significantly different from previous request. The USPS General Counsel did not actually affirm the original final determination instead they came up with a new denial reason the "Glomar response". While I think that the Glomar response should not stand up in Court I decided to submit a new FOIA that clearly dealt with the "Glomar response. In the request the General counsel responded with Glomar I listed a number of other USPS employees that I have good reason to believe were also sent to wrong address for fit for duty exam. In next FOIA request I submitted same request with all names struck out with some other minor changes.

I'm Appealing the above response because the cited regulation USPS 100.200 has nothing to do with my request the correct regulation for the requested document is USPS 100.700 (please find USPS 100.700 below).

While Ms. Isreal indicates in a footnote that the USPS has responded to multiple request this is first time I believe USPS 100.200 was erroneously cited!

USPS 100.700
System Name:
Medical Records and Related Documents.
System Location
USPS medical facilities, designee offices, and National Personnel Records Center.
Categories of Individuals Covered by the System
1. Current and former USPS employees.
2. Individuals who have been offered employment but were determined medically unsuitable or who declined the offer.
3. Current and former USPS employees who are or were required to have a commercial driver’s license (CDL) or are otherwise subject to controlled substance and alcohol testing.
4. Applicants and current or former USPS employees, or persons who request reasonable accommodation on behalf of an applicant or employee.
Categories of Records in the System
1. Employee or applicant information: Name, Social Security Number, Employee Identification Number, Candidate Identification Number, date of birth, postal assignment information, work contact information, finance number(s), duty location, and pay location.
2. Employee Medical Folder: Restricted medical records, administrative medical records, and OWCP-related medical records.
3. Controlled substance and alcohol testing information: Records related to alcohol and controlled substance test results, refusals, medical review officer’s evaluations, employee statements, and substance abuse professionals’ evaluations and referrals.
4. Reasonable Accommodation folders: These folders document the decision-making process and contain records related to requests for Reasonable Accommodation.
Authority for Maintenance of the System
39 U.S.C. 401, 410, 1001, 1005, and 1206.
Purpose(s)
1. Medical information maintained in the employee medical folder is used to, but is not limited to, support hiring decisions and determine job-related medical suitability, fitness for duty, and Family Medical Leave Act documentation.
2. To implement a controlled substance and alcohol testing program for employees in safety-sensitive positions.
3. To provide for the uniform collection and compilation of controlled substance and alcohol test results.
4. To assess disability retirement requests.
5. To assist in making determinations about reasonable accommodation.
Routine Uses of Records Maintained in the System, Including Categories of Users and the Purposes of Such Uses
Standard routine uses 1. through 9. apply. In addition:
a. Medical records may be disclosed to an employee’s private treating physician and to medical personnel retained by USPS to provide medical examinations or treatment for an employee’s health or physical condition related to employment.
Policies and Practices for Storing, Retrieving, Accessing, Retaining, and Disposing of Records in the System
Storage
Automated database, computer storage media, digital files, and paper files.
Retrievability
By employee or applicant name, Social Security Number, Employee Identification Number, Candidate Identification Number, or duty or pay location.
Safeguards
Paper records, computers, and computer storage media are located in controlled-access areas under supervision of program personnel. Access to these areas is limited to authorized personnel, who must be identified with a badge. Access to records is limited to individuals whose official duties require such access. Contractors and licensees are subject to contract controls and unannounced on-site audits and inspections. Computers are protected by mechanical locks, card key systems, or other physical access control methods. The use of computer systems is regulated with installed security software, computer logon identifications, and operating system controls including access controls, terminal and transaction logging, and file management software.
Retention and Disposal
1. The Employee Medical Folder is retained by USPS until the employee is separated from USPS. On an annual basis, records of all employees separated during the prior year are transferred to the National Personnel Records Center and retained for 30 years.
2. Candidate medical information for applicants determined to be medically unsuitable for the position offered is retained 2 years in hard copy. Computer data is retained 3 years in a history database.
3. Documentation supporting applicant requests for reasonable accommodation for participation in the hiring or assessment process are maintained for 2 years in hard copy. Computer records of such requests are retained 3 years.
4. Reasonable Accommodation Committee and District Reasonable Accommodation Committee records are maintained for the duration of the employee’s tenure with the USPS or until any appeals are adjudicated, whichever is longer. After the official use for these records has been satisfied, the records are to be placed in a sealed envelope, labeled as “Reasonable Accommodation Committee Records,” and placed in the employee medical folder (EMF) and retained in accordance with the official retention period for the EMFs.
5. Alcohol test results indicating a breath alcohol concentration of 0.02 or greater, verified positive controlled substance test results, refusals, medical review officer’s evaluations, employee statements, and substance abuse professionals’ evaluations and referrals are retained 5 years. Alcohol test results indicating a breath alcohol concentration of less than 0.02, and negative and canceled controlled substance test results, are retained 1 year.
Records existing on paper are destroyed by burning, pulping, or shredding. Records existing on computer storage media are destroyed according to the applicable USPS media sanitization practice.
System Manager(s) and Address
Vice President, Employee Resource Management, United States Postal Service, 475 L’Enfant Plaza SW, Washington, DC 20260.
Notification Procedure
Individuals wanting to know if information about them is maintained in this system must address inquiries to the facility head where currently or last employed. Headquarters employees must submit inquiries to the National Medical Director, Health and Resource Management, 475 L’Enfant Plaza SW, Washington, DC 20260. Individuals who requested accommodation for an entrance examination or assessment must submit inquiries to the Manager of Selection, Evaluation, and Recognition, 475 L’Enfant Plaza SW, Washington, DC 20260. Inquiries must include full name, Social Security Number or Employee Identification Number, name and address of facility where last employed, and dates of USPS employment or date of application.
Record Access Procedures
Requests for access must be made in accordance with the Notification Procedure above and USPS Privacy Act regulations regarding access to records and verification of identity under 39 CFR 266.6.
Contesting Record Procedures
See Notification Procedure and Record Access Procedures above.
Record Source Categories(1) A copy of the request, of any notification of denial or other action, and of any other related correspondence;
(2) The FOIA tracking number assigned to the request;
(3) A statement of the action, or failure to act, from which the appeal is taken;
(4) A statement identifying the specific redactions to responsive records that the requester is challenging;
(5) A statement of the relief sought; and
(6) A statement of the reasons why the requester believes the action or failure to act is erroneous.
(1) should be provided by MuckRock
(2) FOIA tracking # #2017-FPFD-00078 and #2017-FPFD-00079
(3)Failure to produce the requested documents by claiming the documents if they did exist would of been properly destroyed years ago
I'm challenging the assertion that USPS 100.200 applies to Fit-For Duty Exam documents rather than USPS 100.700
(4) no responsive documents provided
(5) provide copies of all responsive documents, Acknowledgement by the USPS PMG of the numerous games played by the USPS and psychiatrist to drive people into psychosis, firing of Lisa Lynch, Walter Huba, Pamela Isreal, Linda Crump and others involed in the games and cover ups!
The response from Ms. Isreal is erroneous because USPS 100.200 is not proper regulation for medical related documents such as letter ordering a person to a fit for duty exam rather the proper regulation is USPS 100.700 which calls for 30 year retention, not 3 years as USPS 100.200.
Thus the requested documents should still exist.

From: MuckRock

Thanks for your email. I request assistance from the OGIS (per USPS 05/02/2017 letter) and the USPS FOIA liaison to resolve issues concerning my FOIA request and appeals. I believe the emails will eventually be very historic documents as they document the USPS cover up of games they have played for years along with the fraud of psychiatry.

First see attached response to one of my FOIA request and appeals via MuckRock. I said one because I also have another on https://www.muckrock.com/foi/united-states-of-america-10/usps-sending-employees-for-psychiatric-exam-to-non-existant-address-30143/?. Please note that Ms. Isreal did not post a response to this FOIA request until 04/07/17 and the USPS has not posted a response to my appeal that I filed via MuckRock and email. This request is only for one day of fitness for duty letters sent out by the USPS. Ms. Lynch should be able to assist in reducing the time it takes the USPS to locate these documents. While the response does mention emails that I duplicated the MuckRock request the USPS has again failed to respond to the initial request via MuckRock.

A court should have no problem reviewing MuckRock and numerous emails that I filed appeals in a timely manner.

So my reading of the attached response the USPS leaves me some what confused as Ms. Israel's initial response claimed the documents do not exist but you " … are affirming on modified grounds. Ms. Isreal informed you .. the Postal Service does not have the records you requested … This is not accurate."

Ms. Eyre fails to mention the part of USPS 100.700 "1. The Employee Medical Folder is retained by USPS until the employee is separated from USPS. On an annual basis, records of all employees separated during the prior year are transferred to the National Personnel Records Center and retained for 30 years." request assistance So while I asked in previous emails if the USPS follows this regulation or not because of conflicting response from NARA (see - https://www.muckrock.com/foi/united-states-of-america-10/usps-gaslighting-employees-into-psychosis-31592/). So again I ask to the USPS, NARA, OGIS … are the records transferred to the NARA per the USPS regulation or after 30 years?

I maintain the USPS should be able to locate the requested documents without having to do such an extensive search with the assistance of USPS managers such as Lisa Lynch.

I also note nothing in the FOIA prevents any agency from telling the truth. That the USPS is covering up the truth about the numerous games the USPS and psychiatrist play on people to drive people into psychosis.

If the USPS transfers the records to the NARA I question what format they are transferred if they are transferred in digital format (even as scanned documents) OCR search programs can search and locate document very quickly.

I am providing copy of this to the Jordan Postmaster to send up the chain of command to the PMG as I believe the PMG should respond to these issues. I know the USPS does not have a formal chain of command procedure as the military is required to have. I know the USMC maintains documentation of all chain of command request - I believe the USPS should have a record of all document I provide the Jordan Post master to send up the chain of command. MuckRock and my emails are a good record. I am also posting copy to MuckRock.

From: OGIS

Thank you for contacting the Office of Government Information Services (OGIS) This email confirms our receipt of submission.

Due to an increase in demand for our services, there may be a delay in our response to your email. We apologize for any inconvenience this may cause. We will contact you regarding your submission as soon as possible.

In the meantime, to learn more about our mediation program, visit
https://ogis.archives.gov/mediation-program/about-mediation-program.htm

To learn more about requesting OGIS assistance, visit
https://ogis.archives.gov/mediation-program/request-assistance.htm

Best regards,
OGIS Staff
--
OFFICE OF GOVERNMENT INFORMATION SERVICES
National Archives and Records Administration
8601 Adelphi Road (OGIS)
College Park, MD 20740-6001
Email: ogis@nara.gov
Phone: 202-741-5770
Fax: 202-741-5769
Website: https://ogis.archives.gov/
Blog: http://foia.blogs.archives.gov/

From: Don M. Moore

I have filed a FOIA Complaint and attach the entire complaint with exhibits.
My complaint covers 3 request to the USPS via MuckRock -
https://www.muckrock.com/foi/united-states-of-america-10/usps-gaslighting-employees-into-psychosis-31592/
https://www.muckrock.com/foi/united-states-of-america-10/request-for-usps-letters-sending-employees-to-wrong-address-for-fit-for-duty-exams-38593/
https://www.muckrock.com/foi/united-states-of-america-10/usps-sending-employees-for-psychiatric-exam-to-non-existant-address-30141/
So the I will post the complaint on all 3 of the above MuckRock Sites.
While the USPS represented that the National Archives may have the requested records and I made a FOIA request via MuckRock to the National Archives and made an administrative appeal that has not been timely responded to yet I have not filed a complaint in court against the Archives yet.

I have found the USPS FOIA Liaison and the OGIS to be very worthless as anyone can see if they review the attached complaint.

This has been a daunting task but I represent the USPS has intentionally played numerous games with employees in order to drive the employees into psychosis and represent that the employee is "mentally ill".

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