Chief Chambers Wins Round One In The Case Of The Missing Document Federal Judge Issues Ruling In Privacy Act Case October 02, 2006 - You might recall that, in February of 2005, Chief Chambers filed a Federal lawsuit under the Privacy Act in an effort to force the Department of the Interior to turn over a performance appraisal her supervisor, Deputy Director Donald W. Murphy, had told her he had completed in the latter part of 2003. In fact, he told her at that time that the appraisal was a “good one.” Murphy provided sworn testimony to Deputy Assistant Secretary Paul Hoffman in February of 2004 confirming that the appraisal existed and then reiterated multiple times in his sworn deposition in August 2004 that he had prepared a final performance appraisal for Chief Chambers. Despite these affirmations from Murphy, the Department of the Interior first told Chief Chambers when she attempted to retrieve a copy of the appraisal that there was no record of an appraisal having ever been completed. Then, within weeks of Chief Chambers filing suit in late February 2005, the Department of the Interior stated that they had found the document; however, they refused to release it. Soon, the Department of the Interior produced a written, sworn “Declaration” signed by Donald Murphy and dated April 2005 recanting all of his own previous sworn testimony about Chief Chambers’ performance appraisal. In it, he declared that he never prepared a performance appraisal for Chief Chambers nor did he direct anyone to prepare one on his behalf. His declaration asserts that he was mistaken when he previously testified that he had, in fact, prepared an appraisal. In the fall of 2005, Chief Chambers’ team located and deposed the now retired National Park Service Human Resource Specialist who was directed by Donald Murphy to prepare the performance appraisal for Chief Chambers. She provided sworn testimony that she prepared this document under Murphy’s direction and that, based upon his direction, the appraisal was a positive one. She also testified that she had delivered the appraisal to him and that he told her it was “fine” and that he considered it in “final” form. In February of 2006, the Department of the Interior asked the Court to dismiss Chief Chambers’ privacy act suit. In their Motion for Summary Judgment and supporting documents, Department of the Interior first tried to convince the judge that the performance appraisal Chief Chambers is seeking never existed – despite Deputy Director Donald Murphy’s previous sworn testimony that he had prepared one. Then, they tried to convince the Judge that, even if the appraisal did exist, it would not be protected by the Privacy Act. Fortunately for Chief Chambers, the Judge didn’t “buy” the Department of the Interior’s arguments. On September 28, 2006, the Judge issued his Order denying the Department of the Interior’s motion asking that the case be dismissed. PEER News Release Federal Court Order DOI's Motion For Summary Judgment DOI's Statement of Facts Declaration of Donald W. Murphy Chambers' Reply to DOI's Motion DOI's Reply to Chambers' Response Missing Document Update March 10, 2006 - One Year Anniversary of the Mysterious Performance Appraisal Being “Found” But Not Released
On March 10, 2005, HonestChief.com and PEER.org reported to you that, under pressure of a federal lawsuit, the Department of the Interior (DOI), admitted that they had located the document sought in Chief Chambers' October 2004 Freedom of Information (FOIA) and Privacy Act request – the performance appraisal prepared by her former supervisor, National Park Service (NPS) Deputy Director Donald Murphy. You may recall that, although having admitted that they had located the document, DOI nor NPS released it, saying they would be “making a determination on whether to release the information it located.”
One year has passed, and yet no performance appraisal has been released by DOI or NPS. They have, however, changed their position on whether the document ever existed, and the matter is before a Federal Judge. Look at the evidence, and YOU decide:
Webmaster's Note: Be sure to read the last three entries!
9-22-03 Donald Murphy e-mailed Chief Chambers and told her, “I have completed your performance appraisal.” Read the email
9-22-03 Donald Murphy saw Chief Chambers near his office, told her that he had completed her “performance appraisal,” and added, in a lighthearted manner, “Don’t worry. It’s a good one.”
12-05-03 Donald Murphy placed Chief Chambers on administrative leave and later charged her with administrative infractions, some of which were alleged to have occurred during the rating period for which he had prepared the performance appraisal.
2-6-04 Donald Murphy told Deputy Assistant Secretary Paul Hoffman, with regard to the existence of a “performance evaluation” that “one was prepared.” Read the appropriate pages of interview
8-11-04 Donald Murphy, in a sworn deposition, testified that he prepared a “performance appraisal” for Chief Chambers, specifically saying that it was titled “Performance appraisal.” In fact, the term “appraisal” was used 16 times during this portion of his deposition. Donald Murphy also testified that the performance appraisal was in “final” form. He also identified the name of the Human Resources specialist who worked with him in completing the appraisal. Read the appropriate pages of deposition
10-26-04 Chief Chambers, through her attorneys, filed a FOIA and Privacy Act request in an effort to receive a copy of the performance appraisal and any related transmittal documents. Read the letter from Richard Condit to NPS FOIA Officer
11-18-04 A letter from the NPS FOIA Officer committed that the NPS would respond “on or before December 23, 2004” and that they were taking a “10-day extension” to process the request “due to the need to consult with other components of the National Park Service and the Department.” Read the letter from Diane Cooke to Richard Condit
12-23-04 Despite their commitment to respond “on or before December 23, 2004,” NPS sent no further communication by this date.
1-6-05 NPS wrote to Chief Chambers’ counsel stating that the “National Park Service needs additional time to process your FOIA request due to the need to consult with other components in the Department.”
1-18-05 NPS wrote to Chief Chambers’ counsel stating, “We have searched our files and did not find any documents responsive to your request.” Read the letter from Alfred J. Poole III to Richard Condit
1-26-05 Chief Chambers’ counsel wrote to NPS reminding them that Deputy Director Donald Murphy had provided sworn testimony that he had prepared a “performance appraisal” for Chief Chambers and provided a copy of the pertinent pages of Donald Murphy’s deposition. Read the letter from Richard Condit to NPS
2-24-05 Chief Chambers, through her counsel, filed a suit in the U.S. District Court, laying out the attempts taken to obtain a copy of the performance appraisal prepared by Donald Murphy.
3-7-05 A letter from DOI, received by Chief Chambers’ counsel on 3-10-05, stated that, as a result of the clarification Chief Chambers’ attorney provided regarding Donald Murphy’s sworn deposition that he had prepared a performance appraisal, the NPS “conducted another search of its files and located responsive information” and that the NPS was “currently making a determination on whether to release the information it located.” Read the letter from DOI, Darrell Strayhorn, to Richard Condit
3-14-05 Another letter, this one from an NPS official, made no reference to the 3-7-05 letter just described and said that they had located “potentially responsive” information, which was a “draft document entitled ‘U.S. Department of the Interior Senior Executive Service Performance Plan’ dated February 11, 2003.” Read letter from Alfred J. Poole to Richard Condit
4-13-05 Donald Murphy signed a “Declaration,” “under the penalty of perjury” that said he was mistaken when he testified in his August 2004 deposition about the existence of a performance appraisal. He said in this Declaration that, instead of an appraisal, he had actually prepared a “performance plan.” He further stated that he had “personal knowledge” that the performance appraisal “never existed.” Declaration
6-6-05 The DOI submitted Donald Murphy’s sworn “Declaration” as part of an official submission to the U.S. District Court.
10-7-05 and 11-16-05 Retired NPS Human Resources Specialist, Terrie Fajardo, testified in a sworn deposition that she was directed by Donald Murphy to prepare the performance appraisal for Chief Chambers, that she did so under his direction, that, based upon his direction, the appraisal was a positive one, that she hand delivered it to him, and that he told her it was “fine” and that he considered it in “final” form. Terrie Fajardo depositions of 10-7-05 and 11-16-05
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