-Caveat Lector- >The Civil Rights Commission [chaired by Mary >Francis Berry] appears in "disarray," congressional auditors say in a report >accusing the 40-year-old agency of lacking fiscal accountability, misplacing >records and taking years longer than planned to finish projects .... In a >review of the agency covering fiscal years 1993 through 1996, the General >Accounting Office, Congress' investigative and auditing arm, found >"management controls over its operations are weak and do not ensure that the >commission is able to meet its statutory responsibility or its program >objectives." >from [DOCID: f:hr439.105] > From the House Reports Online via GPO Access >[wais.access.gpo.gov] > >105th Congress Report > 2nd Session HOUSE OF REPRESENTATIVES >105-439 > >EXCERPT OF VERY LONG REPORT > > Like GAO, OPM identified problems with the Commission's >performance management system. OPM stated that ``[t]he results >of the OPM questionnaire and interviews reveal a highly >negative perception on the part of managers and employees >regarding the organizational climate of the agency. Morale is >low, and effective communication is practically non-existent. >The degree of unfavorable responses far exceeds that of any >agency in the OPM questionnaire data base.'' (OPM Report at 2 >(emphasis added).) H.R. 3117 is designed to help correct this >problem by requiring the Commission to implement GAO's >recommendations with regard to its management information >system. > > Commission General Counsel's Teaching Arrangement > >On July 17, 1997, the Constitution Subcommittee held an oversight >hearing on the U.S. Commission on Civil Rights. The >Subcommittee discovered that Stephanie Moore, General Counsel >of the Commission, taught two undergraduate courses at the >University of Pennsylvania in Philadelphia during both the Spring >Semester of 1997 and the Fall Semester of 1996. According to the >University, these courses, ``History of American Law since 1877'' >and ``History of Law and Social Policy,'' took place on Tuesday and >Thursday during normal business hours. Mary Frances Berry, >Chairperson of the Commission and a member of the faculty at the >University of Pennsylvania, is the regular instructor of these >courses. Ms. Moore was substituting for Ms. Berry while she was >on leave from the University faculty. Questions arose as to the >propriety of this arrangement, and whether the Commission in fact >needs a full time General Counsel. Moreover, some of the >management deficiencies pointed out in the GAO report are related >to the responsibilities of the General Counsel. In internal >memoranda to Ms. Moore from both the Staff Director and the >Designated Agency Ethics Official, Miquel Sapp, they both approve >Ms. Moore's arrangement, stating that this teaching position ``is >not in conflict with [her] official duties.'' Yet the classes took place >in Philadelphia during regular business hours every Tuesday and >Thursday. Section 2636.307(d)(1) of the regulations define the >standard for authorization, and state that the ``teaching may be >approved by the designated agency ethics official only when [] the >teaching will not interfere with the performance of the employee's >official duties.'' The Chairperson has stated that the General >Counsel's absence from work two days a week does not interfere >with the performance of official duties. Ms. Moore's employee time >sheets indicate that during 1996, Ms. Moore billed 213 hours-- >10.5% of Ms. Moore's time--to a category called ``other leave.'' This >is a category distinct from ``annual leave'' or ``sick leave.'' The >Commission has proffered no explanation for why Ms. Moore's time >was billed to the ``other leave'' category. In the interests of allowing >a full and fair exploration of the issues at the oversight hearing, the >subcommittee asked Chairwoman Berry to be prepared to answer >questions from the subcommittee regarding the General Counsel's >arrangement. The subcommittee further requested that the >Commission provide the subcommittee with certain background >information prior to the hearing, including copies of Ms. Berry's and >Ms. Moore's employment contracts with the University. The >subcommittee was told the contracts did not exist. Chairwoman >Berry's oral testimony at the hearing regarding this arrangement >raised even more questions. Under questioning from Subcommittee >Member Asa Hutchinson, Ms. Berry denied that she had >recommended Ms. Moore for the teaching position, and denied that >she had control over the situation: > > Rep. Hutchinson: ``It is my understanding from your > testimony thus far that you were aware from the very > beginning--in fact, you recommended Stephanie Moore for > this teaching position.'' > Berry: ``No. I said she had indicated that she would > like to do it, and I suggested she talk to the Staff > Director about whether it could be done without > conflicting with her duties.'' > >(Unedited Transcript, lines 2224-2231.) > > However, under earlier questioning from Subcommittee Member >Ed Bryant, Ms. Berry had explained her duties as the instructor >of the course for which Ms. Moore was substituting: > > ``I go on leave whenever I want as a term of my > employment, and then I bring young scholars who want to > do some teaching in to teach courses, and we pay them. > . . . [E]mployees [of the Commission] are encouraged to > teach by the regulations if it can be done. I said that > if the general counsel wanted to ask the Staff > Director, if you get the Staff Director's approval and > the Office of Ethics approval, but if it interferes > with your work, I am going to make you quit and you can > t do it and I am going to be asking if it interferes.'' > >(Unedited Transcript of Oversight Hearing, July 17, 1997, page >76-77, lines 1826-1836 (emphasis added).) > > Since Ms. Berry ``brings scholars in'' at the University of >Pennsylvania, and can ``make someone quit'' at the Commission >if it interferes with work responsibilities, it would appear >from her testimony that she exerts substantial control over the >situation in question. > Later, Ms. Berry emphasized that the arrangement was >approved by Mary Mathews, the Staff Director, as well as Miguel >Sapp, the designated agency ethics official. (Unedited >Transcript, lines 2260-2274.) Mr. Sapp is a subordinate of the >General Counsel, Stephanie Moore. > A number of other outstanding questions remain regarding >this arrangement. The Commission has thus far failed to proffer >an explanation of how the Commission's important work was >strengthened by having its General Counsel absent from the >office two days a week, for two semesters, teaching an >undergraduate course at a university in Philadelphia. The >Commission's core mission is to study and report on important >civil rights issues affecting Americans, and it is difficult to >discern how this teaching arrangement relates in any way to >this important core mission. The Commission has vehemently >defended the legality of this arrangement, but has not even >asserted that it was a worthwhile endeavor and in any way >contributed to the Commission's purpose. > As a result of this peculiar arrangement, the Chairman of >the Subcommittee requested that the Office of Special >Investigations of the General Accounting Office undertake a >detailed investigation of this matter. That investigation is >ongoing. However, General Counsel Stephanie Moore and former >Staff Director Mary Mathews have both refused to cooperate with >GAO's investigation. Ms. Mathews has failed to respond to GAO's >numerous requests for interviews, and Stephanie Moore has >insisted on communicating with GAO only in writing, and then >only through her private attorney. > Such an unusual and unwieldy communications arrangement >deprives GAO of the ability to fully investigate the facts >underlying this situation. Ms. Moore and Ms. Mathews are the >two individuals with the most direct knowledge of the specifics >of this situation. Their refusal to cooperate with a >Congressional investigation of their deeds raises serious >questions about the propriety of the teaching arrangement. > The response to GAO's investigation of this teaching >arrangement continues a consistent pattern of secrecy in >Commission dealings. Much of the Commission's internal >operations are conducted outside of the public eye. H.R. 3117 >applies the federal Freedom of Information, and Sunshine Acts >to the Commission, which could help ensure that the operations >of the Commission are held to greater public scrutiny. In >addition, H.R. 3117's requirement of an independent audit of >the Commission could also expose inefficiencies within the >Commission, and empower it to more directly focus on its core >mission. > The Staff Director had a significant role in approving this >teaching arrangement. Commissioner Anderson testified at the >July 1997 oversight hearing that he and the other Commissioners >(with the obvious exception of Chairperson Berry) had no >knowledge of this arrangement, but would have likely questioned >its propriety had they known. In response, H.R. 3117 makes the >Staff Director directly accountable to the Commission by >requiring an annual review of the Staff Director by the >Commissioners. >________________________ <A HREF="http://www.ctrl.org/">www.ctrl.org</A> DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are unwelcomed. Substance—not soap-boxing—please! These are sordid matters and 'conspiracy theory'—with its many half-truths, mis- directions and outright frauds—is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. 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