PostalReporter.com Blog

Update: Mainstream Media picks up story on Bush opening mail without warrant (spying)

W pushes envelope on U.S. spying
 New postal law lets Bush peek through your mail - President Bush has quietly claimed sweeping new powers to open Americans’ mail without a judge’s warrant, the (NY) Daily News has learned

Funnies: Complaint for Bush? Write Your Sister (ABC News)

Bush’s statement opens up mail privacy debate (St. Petersburg Times)

Editorial: Dear John (and Bush, too (Milford Daily News, MA)
From PostalReporter.com reader:

(12/26/06) Did anyone read this? It appears that President Bush intends to ignore some provisions of Public Law 109-435 (Postal Reform Act), such as what mail can be opened or who he can appoint to the Board of Governors. -end of reader submission by DC-

 In testimony to Congress earlier this year, U.S. Attorney General Alberto Gonzales said:

“We are always, of course, subject to the Fourth Amendment. So the activities of any kind of surveillance within the United States would, of course, be subject to the Fourth Amendment,” which requires “probable cause” and a court warrant before the property of Americans can be searched.”

Last year, the Bush Administration tried unsuccessfully (via including a provision in the Patriot Act) to eliminate the Postal Service’s ability to exercise any oversight in the formulation or execution of a mail cover

President’s Statement on Signing H.R. 6407, the “Postal Accountability and Enhancement Act” excerpts:

The executive branch shall construe subsections 202(a) and 502(a) of title 39, as enacted by subsections 501(a) and 601(a) of the Act, which purport to limit the qualifications of the pool of persons from whom the President may select appointees in a manner that rules out a large portion of those persons best qualified by experience and knowledge to fill the positions, in a manner consistent with the Appointments Clause of the Constitution. The executive branch shall also construe as advisory the purported deadline in subsection 605(c) for the making of an appointment, as is consistent with the Appointments Clause.

The executive branch shall construe subsection 404(c) of title 39, as enacted by subsection 1010(e) of the Act, which provides for opening of an item of a class of mail otherwise sealed against inspection, in a manner consistent, to the maximum extent permissible, with the need to conduct searches in exigent circumstances, such as to protect human life and safety against hazardous materials, and the need for physical searches specifically authorized by law for foreign intelligence collection.

According to ConsortiumNews.com:

Correcting misleading testimony to Congress, Attorney General Alberto Gonzales has signaled that George W. Bush’s warrantless surveillance of Americans went beyond the known eavesdropping on communications to suspected terrorists overseas.

…in challenging Bush’s right to ignore the 1978 Foreign Intelligence Surveillance Act, which requires a special court to approve wiretaps – Leahy demanded to know if the administration’s legal interpretation also let Bush conduct other warrantless spying on Americans, including tapping purely domestic phone calls, mail openings and “black bag” break-ins into people’s homes and offices.

Gonzales: We are always, of course, subject to the Fourth Amendment. So the activities of any kind of surveillance within the United States would, of course, be subject to the Fourth Amendment,” which requires “probable cause” and a court warrant before the property of Americans can be searched.

Leahy persisted. “Under your interpretation of this, can you go in and do mail searches? Can you go into e-mails? Can you open mail? Can you do black-bag jobs? … Can you go and do that (to) Americans?”

Gonzales responded, “Sir, I’ve tried to outline for you and the committee what the President has authorized, and that is all that he has authorized.”

“Did it authorize the opening of first-class mail of U.S. citizens?” Leahy continued. “That you can answer, yes or no.”

Gonzales: “There is all kinds of wild speculation about…”

Leahy: “Did it authorize it?”

USPS News Link 

Federal agencies will honor the memory of former President Ford

President George W. Bush has issued an Executive Order directing federal government agencies to close Tuesday, Jan. 2, 2007, as a mark of respect for former President Gerald Ford, who died Tuesday, Dec. 26.

For USPS, this means that Jan. 2 is a “National Day of Observance” and there will be no regular mail delivery or retail service. Express Mail delivery will be available. All postal units, including Headquarters, Area and District administrative offices, will observe this day of mourning. Local postal managers will advise employees regarding staffing levels for Tuesday, Jan. 2, to maintain operations in preparation for resumption of delivery on Wednesday.

Regular retail and delivery service will resume Wednesday, Jan. 3. Flags at all USPS facilities will continue to fly at half-staff through Jan. 25.

Pay and leave administration for the “National Day of Observance” for affected bargaining unit employees is governed by Employee and Labor Relations Manual 519.4 and provisions of May 4, 2000, Memorandums of Agreement between the Postal Service and its unions.

 Update : Full-time and part-time employees will adhere to the following guidelines.

 Those with the national day of observance as a scheduled workday:

 a.      If not directed to report for work, you are granted administrative leave for that day.

b.      If directed to report for work, you are granted a day of administrative leave at a future date, for the number of hours equal to the employee’s regular workday.

 Those will the national day of observance as a nonscheduled (relief) workday:

 a.      If not directed to report for work, you are granted a day of administrative leave at a future date, for the number of hours equal to the employee’s regular workday.

b.      If directed to report for work, you are granted overtime pay, plus a day of administrative leave at a future date, for the number of hours worked, up to the number of hours equal to the employee’s regular workday.

Update: The Postal Service has notified the APWU that postal workers will observe a Day of Mourning Jan. 2, in honor of former President Gerald R. Ford, who passed away on Dec. 26. See USPS National Observance Guidelines’

President Bush on Thursday declared January 2 a “National Day of Mourning” for former President Gerald Ford who died this week. The declaration means that most federal offices will be closed on Tuesday.

Presidential Proclamation: National Day of Mourning for Gerald R. Ford

As a further mark of respect to the memory of Gerald R. Ford, the thirty-eighth President of the United States, NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by the authority vested in me by the Constitution and laws of the United States, in honor and tribute to the memory of Gerald R. Ford, and as an expression of public sorrow, do appoint Tuesday, January 2, 2007, as a National Day of Mourning throughout the United States. I call on the American people to assemble on that day in their respective places of worship, there to pay homage to the memory of President Ford. I invite the people of the world who share our grief to join us in this solemn observance.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty eighth day of December in the year of our Lord two thousand six, and of the Independence of the United States of America the two hundred and thirty-first.

GEORGE W. BUSH

Note: OPM Director Linda M. Springer has provided agency leaders with a copy of the President’s proclamation, which designates Tuesday, January 2, 2007, as a National Day of Mourning.

Executive Order: Providing for the Closing of Government Departments and Agencies on January 2, 2007

By the authority vested in me as President by the Constitution and laws of the United States of America, it is hereby ordered as follows:

Section 1. All executive departments, independent establishments, and other governmental agencies shall be closed on January 2, 2007, as a mark of respect for Gerald R. Ford, the thirty-eighth President of the United States. That day shall be considered as falling within the scope of Executive Order 11582 of February 11, 1971, and of 5 U.S.C. 5546 and 6103(b) and other similar statutes insofar as they relate to the pay and leave of employees of the United States.

Sec. 2. The first sentence of section 1 of this order shall not apply to those offices and installations, or parts thereof, in the Department of State, the Department of Defense, the Department of Justice, the Department of Homeland Security, or other departments, independent establishments, and governmental agencies that the heads thereof determine should remain open for reasons of national security or defense or other essential public business.

GEORGE W. BUSH

THE WHITE HOUSE,

December 28, 2006.

Postal Workers Get Day of Mourning’
APWU  News - Dec. 28, 2006 - APWU-represented employees will be granted a day of observance in honor of former President Gerald R. Ford, who passed away on Dec. 26. At this time, the USPS has not announced the date for the Day of Mourning. As soon the date is determined, the APWU will post the information ..

USPS via PostalReporter.com reader:

The Postal Service will discontinue selling the Stop Family Violence semipostal stamp. Since its October 2003 release, the stamp has raised more than $3.1 million for domestic violence prevention programs. Effective close-of-business Dec. 31, all Post Offices, stations, branches, Postal Service stores, contract postal units, vending outlets and authorized philatelic centers must withdraw from sale the Stop Family Violence semipostal stamps stock items, products and their related vending and store-prepared stamp items …

 Ford’s Funeral May Be Tuesday, Jan. 2, 2006 - See Official Schedule - Gerald R. Ford State Funeral

 Gerald R. Ford, who picked up the pieces of  Richard Nixon’s scandal-shattered White House as the 38th and only unelected president in America’s history, has died, his wife, Betty, said Tuesday. He was 93. Associated Press or Washington Post

Related links: 

Gerald Ford Statement on Signing the Postal Reorganization Act Amendments of 1976 

APWU, NALC /USPS Clarification of Regulations for National Day of Mourning/Observance -The American Postal Workers Union and the Postal Service entered into an agreement to clarify rules for National Days of Mourning when U.S. presidents die. This agreement was entered into to prevent the recurrence of the dispute that followed the death of President Nixon. When President Nixon died in 1994, President Clinton declared a National Day of Mourning and the Postmaster General issued an order to curtail postal operations in honor of the former President. The rules unilaterally imposed by the Postal Service were that any employee scheduled to work on the day of mourning would receive a future day of administrative leave; however, those employees who were not scheduled to work did not receive a benefit.    

from USPS News Link

Leonard Henderson has been appointed to the newly created executive-level position of Western Area Maintenance manager. The new position will oversee maintenance operations for all Western Area plants, Post Offices and Vehicle Maintenance and associated facilities.

Henderson began his postal career in 1982 as a mail handler and was promoted to Distribution Operations supervisor. He has served as Maintenance Operations support manager, and most recently served as Maintenance Operations manager at the Phoenix, AZ, P&DC.

Henderson has a degree in Electrical Engineering from California Polytechnic.

“I intend to tap into the collective talent in Operations and Maintenance, to fuse the two together to help us achieve new heights of service,” he said. “To have the opportunity to lead such talented and able people is an honor.”

The following appears to be from a USPS field memo submitted to Donnie Dotzler, APWU President Virginia Beach Area Local #1518:

Dotzler: These are changes people need to know about them before they are ever injured, what their options are during recovery and if they become permanently disabled.
 
Continuation of Pay (COP) - 3 Day Waiting Period
 
As you are aware, on December 7th Congress passed postal reform legislation H.R. 6407.  Section 901 of this bill, Temporary Disability; Continuation of Pay, addresses an amendment to continuation of pay entitlement for Postal Service employees’. 

Headquarters Finance, Legal, Health and Resource Management, and the Department of Labor are involved in ongoing discussions regarding the amendment for the first 3 days of continuation of pay. Implementation instructions outlining internal steps to be followed will be issued by Health and Resource Management. Please disseminate this message to all Injury Compensation offices
 
Summary
When an employee requests COP as a result of a traumatic injury, the employee is not entitled to COP for the first 3 days of temporary disability. During this first 3 day period, an employee may choose to use annual leave, sick leave, or leave without pay.  If the disability exceeds 14 days or is followed by permanent disability, the employee may request to have their leave used during the first 3 day period reinstated and receive COP or receive COP for leave without pay used.
 
Necessary Action
Inform all supervisors of their responsibility to inform the employee of their option to choose annual, sick, or leave without pay for the first 3 days of the continuation of pay period.  PS Form 3971 completion: Type of Absence should be annual, sick, or LWOP; Documentation (For Official Use Only) check: For COP Leave (CA1 on File).  
 
The EA ICSSC is responsible for authorizing and tracking COP usage, including the first 3 day waiting period.  When the disability exceeds 14 days, the ICSSC will notify the employees’ supervisor to process a pay adjustment to change the leave used to COP and reinstate annual or sick leave used for the first 3 days provided we have medical to support disability.

Headquarters Health and Resource Management will initiate action to update all manuals and handbooks to formalize this change in continuation of pay procedures
 
Donnie Dotzler, Host
Going Postal Talk Show

http://auctionalertz.com
http://myspace.com/goingpostaltalkshow

Text of Postal Reform Bill H.R. 6407

SEC. 901. TEMPORARY DISABILITY; CONTINUATION OF PAY.

(a) TIME OF ACCRUAL OF RIGHT- Section 8117 of title 5, United States Code, is amended–

(1) by striking `An employee’ and inserting `(a) An employee other than a Postal Service employee’; and

(2) by adding at the end the following:

`(b) A Postal Service employee is not entitled to compensation or continuation of pay for the first 3 days of temporary disability, except as provided under paragraph (3) of subsection (a). A Postal Service employee may use annual leave, sick leave, or leave without pay during that 3-day period, except that if the disability exceeds 14 days or is followed by permanent disability, the employee may have their sick leave or annual leave reinstated or receive pay for the time spent on leave without pay under this section.’.

News Release
     
December 21, 2006 
U.S. Department of Justice - United States Attorney

Gregory A. White, United States Attorney for the Northern District of Ohio; David Williams, Inspector General, United States Postal Service; and Patrick E. McFarland, Inspector General, United States Office of Personnel Management, announced today that Jonmal M. Simmons, an officer with the City of Cleveland Division of Police, and Valerie M. Thomas, former United States Postal Service employee, were charged in an indictment returned by the Federal grand jury. The indictment charges Simmons, age 38, of 16020 Holmes Avenue, Cleveland, Ohio, with wire fraud, conspiracy to commit wire fraud, and making a false statement during a federal investigation. Thomas, age 38, of 3087 Van Aiken Boulevard, Cleveland, Ohio, is charged with wire fraud, conspiracy to commit wire fraud, and two counts of making a false statement during a bankruptcy proceeding.

According to the Indictment, Thomas and Simmons devised a scheme to defraud the National Association of Letter Carriers, Aetna Life Insurance Co., and the United States Postal Service whereby Thomas would enroll Simmons in her Federal Employee Health Benefits Program health plan as her spouse when, in fact, Thomas and Simmons were not married. The Indictment states that by naming Simmons as the spouse of Thomas, Simmons appeared to qualify for health insurance benefits under Thomas’s health plan. The Indictment alleges that Simmons received medical services valued at approximately $43,827.59 during the scheme for which the health insurance provider, Aetna Life Insurance Company, paid approximately $22,497.97. (more…)

Update: Postal Service Reinstates Disabled Iraq War Veteran - Ryan Kutz, U.S. Army Iraq War veteran turned USPS employee in Springfield MO, was terminated from the Postal Service for missing 19 days of work during his probationary period. According to a Kutz supporter: Kutz’s attendance problems were due to PTSD and colon cancer, and he should be given another chance with the Postal Service.Well, Ryan will get that second chance. Kutz  got an early Christmas present on the morning of December 23rd. It came in the form of an Express Mail envelope that contained a statement from the plant manager to the effect that, Ryan Kutz is reinstated and is instructed to report for duty 23 December 2006 at 10:30 PM.Please keep Ryan in your thoughts as he battles his cancer and PTSD.” Read Full Story

According to Eagle-Gazette-

Not every Ohio employer is mandated to abide by the state’s new smoking ban - which went into effect Dec. 7 - and the United States Post Office is one of them. The post office is a federal employer, so some state rules that apply to other businesses, such as the smoking ban, don’t apply to the employer, according Steve Rennick, lead safety specialist at the USPS Columbus district office.”The state can’t come in and enforce their rules in a federal facility,” Rennick said. “We have our own no smoking policy for customers and employees and will continue to enforce that.” Moore, a former smoker and 23-year Postal Service employee, hopes Lancaster Post Master Dan Miller takes initiative to do away with the smoking area, especially since many nonsmokers walk through the designated area.”The majority of (employees) don’t smoke and don’t want smoking there,” said Moore, who quit smoking one year ago.

From the ELM:

882 Policy
882.1 Buildings
Smoking is strictly prohibited in all buildings or office space (including service lobbies) owned or leased by the U.S. Postal Service. There will be no indoor smoking permitted by any occupant of such space. Local managers, with input from employee representatives, may decide whether or not to permit smoking in designated outdoor locations on Postal Service property.

882.2 Vehicles
Smoking is prohibited in any General Services Administration interagency fleet management system vehicles.