(Transcribed/Scanned document)
EXCERPT FROM TRANSCRIPT OF MEETING WITH
THE ASSISTANT SECRETARY OF AGRICULTURE FOR CIVIL RIGHTS.
SEPTEMBER 18, 2003 AT SACRAMENTO, CALIFORNIA

                Now, historically its very clear the reason the under representation of African Americans is so low in the forest service is due to history and historical legacy that lives on today. It goes all the way back to the days of slavery, the Dred Scott Decision, Missouri Compromise, Fugitive Slave Act, Jim Crow, and on and on. That was official federal legislation by our government that in fact excluded African Americans from the great movement westward to come out west to benefit from the public lands the forest service was [is] managing. And today if you look at the stats, you look at the figures, its very clear that that historical legacy of legislative discrimination is affecting everyone today. Not just African Americans, but all of us. Something needs to be done to change that legacy.

                Some of the steps that have been taken recently within the forest service are the class complaints. We have two -- we have actually four African American class complaints against the forestry [Forest Service]. They are sitting in limbo and nothing is being done about them. We have one class complaint that is very telling that dates back to 1985. And in that class complaint we originally received a resolution, but subsequently the forest service went into noncompliance and then very aggressively opposed and was able to successfully dismiss that class complaint. What that did was establish an adversarial situation between the forest service and African Americans. Indeed, the administrative judge back then in 1991 strongly criticized the forest service for having a posture that is contrary to the conciliatory intent of the Civil Rights Act. Apparently, that posture still exists today.

                What I would like to see from you, sir, is to assess this situation, and you can take your time, but hopefully it wouldn’t be more than a month, to make a decision on how we are going to change that historical legacy that we are all suffering from today.

                There are two important decisions that need to be made. Number one, the class complaint Spencer v. Department of Agriculture filed in 1999 is still sitting in limbo. It’s still being fought tooth and nail by the Department of Agriculture. I'm going to recommend that we reduce that class complaint to focus solely on the forest service, rather than the twenty-five agencies and offices in the Department of Agriculture. What that means is we will have a smaller bite to chew on and perhaps we can make some greater progress. So my recommendation is we narrow the Spencer class down to focus on the forest service, and that’s what I would like you to assess and make a decision on.

                Secondly, a class complaint was filed just a week before last specifically on the forest service and specifically in regard to the underrepresentation of African Americans. I really would hate to see that class complaint treated the way other class complaints by African Americans were treated in the past.

                Now, you notice I say "treated." One of the things that is significant in the Department of Agriculture, African Americans have indeed been treated differently. One of the reasons I want to reduce the class to folks on the forest service, is for over forty [four] years now the Department of Agriculture has been holding in abeyance African American complaints, mainly due to the Spencer class complaint, which is only a proposed uncertified class complaint. Never in the history in the Department of Agriculture has the department ever done that to any group of employees, other than African Americans. Never before, never after. They did not do it to the Bernardy class, they didn’t do it to the Donnelly class, [Brionez class, Sedillo class, and the Basu Class] they only did it to our class.

                Now, those employees for four years have been sitting in limbo with EEO complaints, working in hostile environments in places like Gump Stump, Mississippi[.] Not only are they being hurt economically and socially, I have been in contact with these employees and there is also a physical danger involved. Its not like they are working in Vallejo or Washington D.C., they are in some very remote areas.

                We must move ahead and get those complaints settled and resolved and out of the way. So I am willing to compromise by reducing the Spencer class, and I hope that you also will be willing to assess the situation and decide to agree and reduce that class. That’s where we stand, and I certainly hope to bear from you soon.

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(Transcribed/Scanned document)
EXCERPT FROM TRANSCRIPT OF MEETING WITH
THE ASSISTANT SECRETARY OF AGRICULTURE FOR CIVIL RIGHTS.
SEPTEMBER 18, 2003 AT SACRAMENTO, CALIFORNIA

                Just so you know or so everyone here understands where I come from as far as the class actions, just recently we had twenty class actions at the United States Department of Justice, we now have eleven class actions, and I think we have eleven class actions too many And I’ve said this publicly and I’ll say it again, I believe that class actions are a last resort I believe class actions have become a mechanism to escape the real issues within federal government and particularly within USDA, and that is taking the bull by the horns and identifying issues and addressing those issues. And management, to a large extent, have used class actions to avoid managing individuals and people have used class actions also to an extent to circumvent management.

                Now, in saying that, one of the top priorities that the secretary and I discussed upon taking this --upon me taking this job is that we don’t want to be known as the agency of class actions. And one of the first things that I did was to start looking at all the class actions that are our there, and believe me, yours is on the radar. I appreciate what you have to say to me. That shows a willingness to take it to the next step.

                One thing that I did was that we entered into a settlement negotiation with the Asian class. A lot of people said why did you choose the Asian class, was it because someone worked for you, was it because of someone or is it because -- and it was very simple, and that’s why I appreciate your comments this morning, because that class came to me. The main agent came to me and said we want to sit down, we want to compromise, we need you to compromise and we want to have good-faith discussions. And I believe that we have had -- to date we have had good-faith discussions. And we can only do one at a time, and we just recently -- so I have been very impressed with negotiating with the Asian class, and I’ve been very -- and I’ve been looking forward to having discussions with you concerning the Spencer class.

                So from what you have said this morning, it’s very encouraging and I hope that what you will walk away with this morning, and this being put on a public record, but, yeah, I truly appreciate that, and so I look forward to after we finish the other discussions that we are going to have, to sit down with you and to have further discussions.

                MR. SPENCER: Thank you very much. I’m looking forward to working with you

                MR. PARKER: Thank you