Case 3:15-cv-30117-MAP Document 33-1 Filed 12/22/15 Page 10 of 18 por a Homan Secu hertations : Fase Agen Charge 4 1580 Main Srp, Seite 412 Spvngl. MA 01103 Homeland L Security MEMORANDUM FOR: Bruce M. Foucart Special Agent in Charge, Boston, MA FROM: Timothy D. Gaynor 05 %/a/is~ Resident Agent in Charge, Springfield, MA SUBJECT: Memorandum for Record - Personnel Safety Concerns About RAC Springfield Office Environment sue ‘As your representative managing the Homeland Security Investigations (HS!) Resident Agent in Charge (RAC) office in Springfield, MA, I feel I need to bring to your attention safety concems relating to this office. Since arriving in Springfield on January 9, 2014, I have been met with hostility, disrespect and insubordination from Special Agents (SA) Ross Gazzaniga, Christopher Evans, Gregory Boucher and William Hoyt, It must be noted that SA Hoyt arrived in Springfield {in February of 2014 and within three weeks was involved inthe sime behaviors being displayed by SA's Gazzanige, Evans and Boucher. In the beginning, these behaviors manifested themselves in the reluctance to do investigative casework as deemed necessary by the RAC for performance Work Plan (PWP) success. Their behavior then rapidly escalated to direct conflict With me. Below are several documented incidents of the escalating volatility in the office environment: 1) March 14, 2014- SA Boucher made approximately six (6) phone calls to MSS Valorie Macy's desk phone from his cell phone (identified by caller ID) and either hung up or could be heard breathing on the other end of the phone. MSS Macy told me she interpreted this as harassment from SA Boucher. 2) March 28, 2014- Meeting with SA’s Hoyt, Guzzanige, Boucher and Irving regarding Boucher being removed from DEA. The meeting tumed to the lack of basic investigative steps being taking ducing investigations. SA Hoyt became irate and jumped up red faced with hands balled into fists and advanced towards me in physically aggressive manner; however I remained standing in a non-threating manner In an effort to diffuse the situation, Based on my 16 years of law enforcement g ‘experience this is the first time I have encountered such behavior and considered this \ personal threat, This matter is known to both OPLA and ELR 2s 1 worked closely ‘with both entities to remedy this situation, wwew.ice govpeo e Case 3:15-v-30117-MAP Document 33-1 Filed 12/22/15 Page 11 of 18 = Page? 3) May 16, 2014- I met with SA Hoyt about his assignment to DEA and his refusal to report as directed on a daily basis. SA Hoyt became very passive aggressive by making a noticeable minimal effort to follow the direction that was given to him, SA Hoyt responded to this assignment by emailing me and ASAC Kurtz voicing his displeasure with this new assignment and his intent to disregard it and work somewhere else other than DEA. This email was very insolent and defiant. so much so that ASAC Kurtz responded to SA Hoyt prompting a much more subdued response ‘email back to me from SA Hoyt 4) May 30, 2014- ASAC Kurtz and | verbally counselled SA Boucher on his conduct and interaction with other agencies; specifically, comments he made to DEA Springfield and disparaging comments he was making while assigned to the Berkshire County Taskforce. ASAC Kurtz and I both counselled SA Boucher for his unacceptable and unprofessional conduct towards SA Tim Irving and that it continues to be unacceptable. SA Boucher continues to require on the spot corrections of his SA Irving. displays of anger towards me and others at HS! Springfield. During this counselling, SA Hoyt beeame visibly upset and was made aware of the availability of EAP. ASAC inappropriate interactions May 30, 2014- ASAC Kurtz and | verbally counselled SA Hoyt on his unacceptable Kurtz and I both counselled SA Hoyt for his unacceptable and unprofessional conduct toward SA Tim Irving, SA Hoyt continues to require on the spot corrections of his inappropriate interactions with SA Irving, On July 11, 2014 I again made SA Hoyt Wi aware of the availability of EAP and offered him the telephone number. 6) July {1.2014- SA Hoy! and SA Gazzaniga had physical confrontation with SA Tim a Irving in the men’s restroom in the RAC Springfield workspace. This matter is known to both OPLA and ELR as { worked closely with both entities to remedy ths situation, \\ SéHoyt received a Leter of Repinand tat was sued to him by SAC Boson, SA Gazzaniga received a Letter of Counselling that has not been issued to him by SAC Boston at this time. 7) November 11, 2014- SA's Hoyt, Boucher, and Gazzaniga reported an incident with MSS Valorie Macy that took place in one of the elevators in the office building. Regardless of the individual perspective as 10 the substance of the under allegations, all parties involved ageee that an incident took place after SA’s Hoyt, Boucher and Gazzaniga maneuvered themselves into the elevator, Subsequently. SA's Hoyt, Boucher and Gazzaniga claimed to have felt threatened by MSS Macy during the incident, 8) February 19, 2014- SA's Hoyt and Gazzaniga reported another incident with MSS Macy on an elevator. When SA Hoyt reported this incident to me he appeared irate that the “issue” with MSS Macy needed to be addressed immediately. In an attempt to diffuse the situation, | challenged both SA Hoyt and MSS Macy to develop a plan to solve this issue to which SA Hoyt refused. ‘The above referenced occasions are some examples of the escalating hostilities within the HSI / Springfield workspace. I believe this office environment is extremely volatile and continues 10° escalate on a daily basis. T have attempted to utilize every managerial tool made available to mé by the agency in an attempt to make corrections. ‘These tools include utilizing OPLA Senior ‘Allorney Larry Zieff, ELR Human Resources Specialist Marie Tedpahogo, ELR Director Michael Ellis, OPLA Senior Attomey Carolyn Jones, ELR Employee Relations Specialist Reginald Irby and Deputy Chief Council Gwendylan E, Tregenman, “I have also utilized theCase 3:15-cv-30117-MAP. Document 33-1 Filed 12/22/15 Page 12 of 18 Page 3 PWP process and identified performance based deficiencies with SA's Gazzaniga and Boucher that needed to be corrected. While attempting to correct these deficiencies with a Performance Improvement Plan (PIP), ELR discovered some recent within grade increases which negated the ability to uilize the PIP, This, and other inaction, has led to their emboldened behavior which Contiaues to escalate, | bring this to your attention out of concern for my personal safety and the safety of the other employees and office visitors that frequent the RAC Springfield workspace, In light of other violent actions taken by HSI employees against their management, ¥ am seeking both your guidance and assistance 1o help remedy these issues before things yet funter out of and. I further believe that if these examples of employee misconduct and clear insubordination go unaddressed by management, this envitonment of filing complaints against managers to avoid having to perform at an acceptable level will become prevalent. In closing, all [ have ever expected of RAC Springfield employees is that they act professionally ‘and meet the standards set forth within their respective PWPs. 1 do not believe 1 have been reasonable in my requests and have gone to great lengths (0 be accommodating and willing to fesist them succeed in any way | could. | have thoroughly utilized ELR and OPLA both of which have advised me all of my actions were appropriate and within policy. It has become ‘abundantly clear to me that these employees refuse to follow managerial direction and 1 am appealing to you for assistance, 1 have been a probation officer, a Special Agent on the southwest border and HSI Pittsburgh, PA. and both a Program Manager and Operations Manager at headquarters. Throughout my assignments | have never experienced the level of disrespect, nsubordination, and overt threats that | have encountered at RAC Springfield. These individuals, continue to exhibited behaviors that lead me to believe they are not fit for duty at this time and pose a threat (o myself and other RAC Springfield employees. 1 feel i is incumbent upon me, as Your RAC in Springfield, to offer a possible solution when requesting assistance. I recommend ihey be placed on administrative leave and be made to consult with an HSI medical professional to ensure they are fit to carry a firearm and exercise the powers of arrest. | am available to discuss this further or provide any documentation you request as a result of this memorandum. sew fe.gov