I, Allen Patrick Spencer, age 62, date of birth May 21, 1938, race African American, make this statement freely and voluntarily for the record of the September 12, 2000 Senate Agriculture, Nutrition, and Forestry Committee Oversite Hearing on Civil Rights in the United States Department of Agriculture. I understand that this statement is not confidential and may be shown to interested parties. I hereby solemnly swear:

I have been employed by the United States Department of Agriculture (USDA), Forest Service since August, 1976 and have been in the position of Supervisory Information Systems Officer, GS-334, grade GS-11 since 1979. I was a participant of the Black Class Complaint filed against the USDA-Forest Service in 1987, I have filed individual complaints, and I am currently the Lead Class Agent for the Spencer et al. v. Department of Agriculture class action complaint. It has been my experience that the USDA simply rules against the complainant without providing due process. They take extraordinary steps to provide incomplete investigations and case records that deny due process for the complainant. Time and financial resources are on the side of USDA, and USDA uses those resources to the maximum to defeat complaints, regardless of the merits of the complaints.

I wish to present for the record the following statements and recommendations regarding USDA's failure to fairly and equitably manage employee equal employment opportunity (EEO) individual and class complaints. I am also submitting my recommendation that the President of the United States executes an Executive Order to reform Equal Employment Opportunity, Public Service, Organization, and Accountability In the United States Department of Agriculture. Additionally, I request that there be a review and modification of all USDA decisions made in favor of the USDA regarding individual and class complaints covering the past five years. This is absolutely necessary in order to provide justice for employees, prevent or significantly reduce further complaints, and to contribute to solving the EEO problems within the USDA.

As illustrated by the testimony of Mr. Roger C. Viadero, Inspector General, and as substantiated by his Report on USDA Management of Employee Complaints (Audit Report 60801-3-Hq, March 2000), there are severe problems with internal employee EEO. Furthermore, I state that the testimony of Mr. Charles Rawls, Mr. Paul Fiddick, and Ms. Rosalind Gray sequentially showed deliberate indifference towards employee EEO. They trivialized employee complaints and ignored the resulting serious damage to employees. Most seriously, they provided no meaningful information regarding the unacceptable number of employee class EEO complaints, or how such class complaints are managed.

It is clear that both individual and class complaints have not received due care in the past and will not receive due care in the future unless strong measures are taken. Most troubling is the high probability that USDA has made final decisions in their own favor and against individual and class complaints, even though such complaints had merit. The employees and the classes did not receive justice. This is the primary cause for repeat complaints by the employees.

As an example of how reprisals arise, I am submitting a Forest Service letter dated November 23, 1987 as Exhibit 1. Even back then it took an EEO complaint and more than three years of hard work to get the Forest Service to issue such a letter. I also swear that after that EEO activity, agency officials denied me promotion and advancement opportunities and repeatedly reprised against me from that day to the present and no official has been punished for their reprisal actions. It is the agency official's mean spirited efforts to "teach the boy a lesson" or "give him a whipping" that led to subsequent complaints. Thus, as agency officials reprise, it logically follows that further complaints are filed.

As a long term remedy, I respectfully request intervention by the President of the United States through the issuance of an Executive Order. I am submitting for the record, as Exhibit 2, a draft of such an Executive Order. The rationale of the Executive Order is as follows:

In Secretary Daniel Glickman's June 29, 2000 speech "On Civil Rights 2000: A Continuing Journey", he stated

The USDA has manifestly failed in regards to EEO and civil rights (CR) for it's employees and the public it is supposed to serve. It is concluded that a fundamental barrier to meeting the intents of EEO and CR in the USDA are the archaic organizational structures and lines of authority that were established more than one hundred years ago.   The structure and lines of authority prevents EEO and CR from becoming a reality.   EEO and CR policy and direction that go from the President to the Secretary of Agriculture seldom, if ever, become a reality at headquarters, regional offices, ground, and remote stations.

"The USDA is a Confederation of Agencies" (Mr. Paul Fiddick, June 21, 2000, Washington, DC). Such an organizational structure clearly usurps the President's and the Secretary's ability to carry out policy among the "Confederates". Additionally, each "Confederate" agency has it's own manner in which they achieve the "non-coercive will to conform". Such a concept of control has been applied effectively to "mission oriented" functions. However, almost all, if not all of the "Confederate" agencies do not apply that concept to the functions of EEO and CR. Thus, the USDA has become a conglomeration of chaotic and failed "Confederate" agencies in regards to equal employment opportunity and civil rights.

The absolute power of agency officials at all levels and remote offices to determine the level of EEO and CR has deprived employees of EEO and civil rights; subjects them to demeaning, disrespectful treatment; and allows the creation of barriers to their standing and opportunity for advancement. Our citizens who are supposed to receive services from the USDA have not only been treated with disrespect, they have also suffered serious economic losses due to biased and differential treatment from USDA agency officials.

With the extensive hierarchical management layers and incoherent lines of authority, it is virtually impossible for any President or Secretary of Agriculture to enforce EEO and CR law, policy, and directives.   It is an out of control situation.   I believe that, if we cannot reform those structures and authorities, we will never attain our goal of fairness and respect in the workforce or for the public we serve unless there is strong executive action from the President of the United States. Therefore, it is urgently and respectfully requested that the draft Executive Order, enclosed as Exhibit 2, be implemented by the President of the United States.

SUBSCRIBED AND SWORN
BEFORE ME AT SONORA, CALIFORNIA
COUNTY OF TUOLUMNE
ON THIS 15th DAY OF SEPTEMBER, 2000

Section 1. Goals. It is hereby declared that it is the policy of the President that there shall be equality of treatment and opportunity for all employees and all customers of the Department of Agriculture; that there be organizational structure and lines of authority that ensures this policy is implemented and maintained at all levels; that the Secretary of Agriculture is directed to adopt measures to make this policy a reality, and that all agency officials at all levels be held accountable for the full implementation and maintenance of this policy.

Section 2. President's Advisory Council. There shall be created an Advisory Council to be known as the Council on Equality, Organization, and Accountability in the Department of Agriculture, which shall be composed of twelve members to be designated by the President. The Council shall include members of the public and the federal government who have (1) a history of experience with organizational, civil rights, and accountability issues; (2) are members of civic associations and other organizations representing one or more distinct communities; (3) and have such other experience as the President deems appropriate.

Section 3. Authority. The Council is authorized on behalf of the President to examine the structure, lines of authority, rules, procedures and practices of the Department of Agriculture in order to determine in what respect they may be altered or improved, including the removal of authorities, with a view to carrying out the policy of this order. The Council shall confer and advise the Secretary of Agriculture and shall make such recommendations to the President and to said Secretary as in the judgment of the Council will effectuate the policy hereof.

Section 4. Resources. The Department of Agriculture is authorized and directed to cooperate with the Council in its work, and to furnish the Council such information or the services of such persons as the Council may require in the performance of its duties. When requested by the Council, persons in the Department shall testify before the Council and shall make available for use of the Council such documents and other information as the Council may require.

Section 5. Duration of the Council. The Council shall continue to exist until such time as the President shall terminate its existence by Executive order.

Section 6. Judicial Review. This order does not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, it's agencies, officers, employees, or any person.

"PRESIDENT OF THE UNITED STATES"

THE WHITEHOUSE
September, 2000