7/23/2019 Response to Donna 100609

1/2

Oliver

Bruce Mitchell III

PO Box

L9l2

Long Beach, California

90801

6 October 2009

EEO

GLAVAMC

From: Oliver B. Mitchell III,

Medical

Support Assistant, PACC,

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: RESPONSE

TO LETTER FROM

DONNA

BEITER

DATED SEPTEMBER

30, 2009

In

response

to

your

letter dated September 30,2009,

postmarked

October

5,

2009 and received on

October 6, 2009 the following information is

provided:

In

your

letter

dated September 30,

2009, the

second

paraglaph,

2nd

sentence

you

state

"

although

you

believe that reporting the incident to the VA Police would not

be useful,

I

again advise

you

that if

you

are,

or

feel threatened

in

the

workplace

you

should contact the

VA

Police

immediately."

In my letter

addressed

to

you

dated September

18,

2009, 4s

page,

2nd

parugraph,l't

sentence

states

"in

response

the absence of

a

Police Report does not mean the incident did not occur. Additionally,

the

4ft

sentence states

"you

should refer

to my

Report

of

Contact

ifyou

are unsure as to why there

is no Police

Report."

In my Report

of Contact dated

August

8, 2009, 2"u

pug",5ft paragraph

states

"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."

Please

be advised that on

previous

occasions

I have made several attempts

to

file

a

Police

Report

and/or complaint for

"violence

in

the

workplace"

and each

time I

have been advised

to file a

complaint

with EEO.

Under

advisement

from

the Management

Official

namely

the VA

Police

Offrcer I filed

a

complaint with

the

Office of Resolution

Management.

It

is

my opinion

that

yourself

and

other Management

Offrcials

have chosen

not

to

investigate

this

matter based on the sole fact that I

did

not file

or contact

the

VA

Police

regarding this

matter.

I

have

received

your

enclosed copy

of GLA Policy 00-10A-078-16 Violence

in

the

Workplace and

compared it to the

policy

as

stated on the GLA Intranet.

In

accordance with GLA

Policy 00-10A-07B-16

I have

followed

the

procedures

for reporting

any

act,

conduct, behavior

or

communication that is violen

threatening

or

harassing.

7/23/2019 Response to Donna 100609

2/2

Please read GLA Policy

00-10A.-078-16

page

5,

item

5

Procedures, item B

states

"any

employee

who

experiences

or witnesses such acts,

conduct, behavior

or communication

must

immediately

contact

his/her manager or the VA Police."

The

policy

clearly states

'oor"

therefore

giving

the employee

the

option of

choosing

which

Official

to notifu.

Therefore

in

accordance

with

GLA Policy 00-10A-07B-16 Violence

in

the Workplace

let's

examine the

facts more

closely:

1.

The

incident

occurred on

August

5, 2009

during a

Fact

Finding

meeting being

conducted

by

Donald Heuman.

2.

At the conclusion of the meetiag the incident was reported to

Mrs.

Lynda Eaton,

Vice

President,

A-FGE, Local 1061. In accordance with GLA

Policy 00-10A-078-16 Mrs. Eaton was the

Management

Offrcial with whom I

reported the

incident

to.

3.

As

previously

stated based on

past

experience

with the VA

Police,

Mrs.

Eaton advised

me

to

make

a

Report

of

Contact and

forward

it to

the appropriate

Offrcials.

Additionally,

the

GLA Policy 00-10A-07B-16,

6s

page,

item

C states

"any

manager

who

receives a

complaint of

violence, threats or harassment, or who

has

reason to suspect that these acts or

behaviors

are

occurring

must investigate the complaint. The manager will complete

an Accident

Report VA

Form

2162

and

forward

the completed

form to

the Safety

Offrce."

The following Management Offrcials were notified via e-mail, intemal mail and United

States

Postal

Service

mail

ofthe

incident:

l. Donna Beiter, Director, Veterans Aftairs Medical CenteE Los Angeles, Califomia

2.

Harold

Goings, Acting

Chief,

Human Resources

3. Mary

Moore,

Manager, Employee Relations

To date

I'm unaware

of

any completed

VAForm

2162

or

any current

or

pending

investigation into this

matter.

In accordance with GLA Policy 00-104-078-16 Violence

in the Workplace

your

complete and full

cooperation regarding this matter is

appreciated.

Oliver

B.

Mitchell III,

M.S.A.