7/23/2019 Report of Contact 090109

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Page I of

1

Mitchell lll,

Oliver

B.

From:

Mitchell lll, Oliver B.

Sent:

Tuesday,

September 01,

2009

1:21

PM

To:

Beiter, Donna M.

(SES);

Goings

Jr,

Harold; Moore, Mary

Cc:

Eaton,

Lynda K; Mitchell lll, Oliver B.

Subject:

REPORT OF

CONTACT

ICO DONALD

HEUMAN

lmportance:

High

Attachments:

REPORT%20OF%20CONTACT%208-8-09[2l.doc

Tracking:

Recipient Dellvery Read

Beiter, Donna M.

(SES)

Delivered:

gtft2}Og

Lt2L

PM

Goings

Jr, Harold

Delivered:

9/1/2009 1:21 PM

Moore,

Mary

Delivered:

9/U2009

1:21 PM

Eaton, Lynda K Delivered:

9/U2009 1:21

PM

,

Mikhell

III, Oliver

B.

Delivered:

9/U2009

1:21 PM Readr

9/1/2009

1:23

PM

Please

be

advised that the following Report of Contact is

provided

in reference to the incident

that occurred

on

08-05-09.

lf

you

should

have any

questions

you

may contact my representative Mrs. Lynda

Eaton.

Oliver B. Mitchell

91212009

7/23/2019 Report of Contact 090109

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Oliver

Bruce

Mitchelt III

PO

Box 1,912

Long

Beach,

California

90801

8 August 2009

ROC

GLAVAMC

From:

Oliver

B.

Mitchell III, Patient Services Assistant, Imaging Departrnent, GLA VAMC

To:

Donna Beiter,

Director,

Veterans Affairs Medical Center, Los

Angeles,

Ca

Mary Moore,

Manager Employee

Relations,

Veterans Affairs Medical Center, Los

Angeles,

Ca

Subj: REPOMOF

CONTACT

On

August

5, 2009

Donald

Heuman, Labor

Relations Specialists conducted a Fact Finding

pertaining

to

allegations

of

inappropriate

conduct involving myself.

At

the beginning ofthe Fact

Finding Donald stated

he

was instructed

by

EEO

and others to

conduct a

Fact

Finding into my

EEO and various other complaints and

that

he is also investigating a complaint

of

misconduct

on Mr. Mitchell's

part

As Donald

concluded his statement my representative Mrs. Lynda Eaton

asked

Donald

several

questions

in which he failed

to

respond

to.

As Mrs.

Eaton concluded her

statement I

informed

Donald that according

to

the

VA

Handbook

5021,

I

was not able to comply

with

his

request

for information

due

to the

obvious Conflict of

Interest.

(Please

see

Conflict

of

Interest

letter dated 28

July

2009)

Furthermore,

I informed

Donald that I had requested

an

intervention

in delay

of

adverse

action

from

the

Offrce of Special

Counsel.

Additionally

I informed

Donald that

I

was not required

to

inform

him

ofthe

intervention

request

but did

so

as a

courtesy and

to

make

it

a

part

ofthe

record

during the

Fact

Finding

process.

Donald

then stated

he

wasn't

aware

of

any contact

I

made

with OSC and then he demanded I tell him

who

I spoke to.

I

also

informed

Donald that

as

a

result

ofhis continued harassment

and

written

threat

of

reprimand

and/or

termination

I

would

be filing an

Unfair

Labor Practice

in

response.

Again Donald

stated

he

didn't know

a ULP

was being

filed

and asked

who told

me

to

do

that.

I informed

Donald that I

wouldn't

make any

further statement(s)

and

that Mrs. Eaton would continue

as

my

representative.

As I thanked

L1,nda

I

began

to exit

the offrce

at which

point

Donald

pushed

himself

back

from

the table

and stated

your

not

excused, no

one

excused

you.

My representative Mrs. Eaton

then stated

I

was

excused and

asked me to wait outside.

7/23/2019 Report of Contact 090109

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I

proceeded

to

the

lobby

and sat

in a

chair

waiting for Mrs. Eaton. Shortly

thereafter

the door to the

office opened and Donald walked out. Donald walked over to where I was sitting and

had

approached

me

placing

his

feet firmly

against the

tip of

my

toes

and stated

are

you going

to

tell

me

who

your

contact

is

at

OSC

all

the while

he is

clutching

his fist, shrugging his shoulders

and

breathing heavily,

I did not respond

to

him

unsure what

to

do. Here

I'am

sitting in a chair

and

here is a man clearly upset

towering

over me

clutching

his

fist.

Eventually

Donald backed offand retumed

to

the

office

where

I

clearly heard him say

Lynda

he

won't tell

me

who

he's talking to.

Shortly

thereafter

I

returned to the

office

and again stated

I

would

make no

further statements.

Once

I concluded

my

statement

the

meeting

ended.

As mentioned

in

my

letter dated

August

8, 2009 I

found Donald's

behavior

to

be

hostile,

aggressive,

intimidating

and threatening.

As much

as

I wanted

to

contact the

VA

Police

to

report the

incident

I chose not

to

based

on the

fact that

on

previous

occasions

I

have made

contact

with

the

VA

Police

only to

be tumed away

without

being

able to

file

a

report.

The

past

experiences have led me to believe that

the

VA

Police

is useless

if

im not

allowed

due

process

and/or afforded the

right to

make

contact.

Therefore

leaving

me with

the

only

altemative of

filing

a

Report

of

Contact conceming

this

incident.

As

previously

mentioned in my letter

dated

August 8, 2009 it is requested that any and

all subsequent

meetings

are

held in

a

public place

to

ensure that the safety and well being

of

those

present

are

observed.

Oliver

B.

Mitchell

I[

2