Code Enforcement Response Letter – 29 October 2021

The Honorable
Mayor Ken Miyagishima
City of Las Cruces
700 N Main
Las Cruces, NM
88001

29 October 2021

Dr. Dave Salisbury Ph.D.
1805 E Idaho Ave
Las Cruces, NM
88001

Subject: Unequal Treatment Before the Law, Code Enforcement, and Staff Incompetence and Unreliability

Dear Mayor,

On 19 October 2021, Officer S. Chavez (#C438) drafted a letter to me complaining that my property was somehow in violation of Las Cruces Municipal Code Section 18-2(1).  Which according to the website linked, states the following:

Noxious weeds and other rank vegetation.”

Item 1:  What is a “noxious weed,” how does one identify “rank vegetation?”  The municipal code is vague and unclear.  This means that the code enforcement officer is left to use their own opinion, opening the doors to authoritarian interpretation and the abuse of the taxpayer in the application of the municipal code.  I have some deep and abiding concerns.

Item 2:  The letter was dated 19 October 2021, but the postmark from the stamp machine is dated 25 October 2021, and the US Postal Service delivered this notification to me on 28 October 2021.  These dates are important for several reasons.  Please note, I was mandated to comply with the authoritarian and opinionated code enforcement officer’s interpretation of the municipal code by 31 October 2021.

  1. Why did Officer Chavez (#C438) sit on the letter for six days before stamping it and dropping it in the mail?
  2. I asked this exact question of Officer Chavez (#C438) and received three separate and distinct excuses, and then was “offered” an extension of the deadline without asking for it. Alerting me to the fact that Officer Chavez (#C438) knew he had done wrong, knew he had been busted, and knew he needed a plausible excuse.  This is a clear indication of Officer Chavez (#C438) being incompetent and unreliable.
  3. When I called his supervisor on 28 October 2021, I left a message; I identified myself, left my number, and left an expectation for a callback. Officer Chavez (#C438) identified the supervisor as simply “Roach, like the bug.”  Alerting me to another problem, a lack of respect for authority in the code enforcement offices.  I have some concerns; if the officers do not respect each other and their supervisors, how can they respect the law, the municipal codes they are expected to enforce, the taxpayers, and themselves?
  4. 0815 – 29 October 2021, I called dispatch and asked for Roach’s supervisor, as I refuse to play phone tag. If “Roach” will not meet a taxpayer’s expectation or make it a priority to call that taxpayer the following day, then it is time to speak to a higher power.  More than an hour later, “Roach” calls me.  By the way, I am still expecting a callback from “Roach’s” supervisor.  Who is that, and when is that call going to transpire?  The dispatcher did not know and could not tell me.
  5. For the record, who is “Roach?” What is his title?  What is his full name?  None of which were provided when “Roach” called me.  By “Roach’s” call, I have now introduced myself three times to the Code Enforcement Officers, and still, “Roach” proceeds to call me not by my name.  Indicating disrespect is endemic in the City of Las Cruces Code Enforcement Department, and there is a severe lack of leadership on top of the problems with unreliability and incompetence.  Where is the training of these officers coming from, and who is modeling this execrable behavior?
  6. When I asked “Roach” the question, “Why did Officer Chavez (#C438) sit on the notification letter for 6-days?” he proclaimed he did not understand what I was saying, chose to become offended that I was trying to explain, and claimed I was berating and belittling him. “Roach” actively refused to listen, preferring to listen to the voices in his head instead of the taxpayer voicing legitimate concerns about being abused by his staff.  Are we sure “Roach” is a supervisor?

Let me pause here and clarify a few points.  I possess more than 20 years of experience as an industrial and organizational psychologist.  I have worked in many different roles across the United States, including government, the private sector, and non-profits.  I have been in crisis management, led teams in emergency response, enforced legislation, and much more.  My jobs often see me needing to evaluate and observe, quickly make conclusions, and then develop action plans to generate positive results in a timely and efficient manner.  I am very good at my job!  I am a data analyst, a project manager, and hold an MBA in global management specializing in human resources, a master’s in adult education and training, with deep experience in eLearning design and delivery, and am writing my dissertation to complete my Ph.D. in industrial and organizational psychology.

I have seen incompetence and unreliability in people many times and in many places.  The experience witnessed over the last two days at the hands of the “Code Enforcement Officers” for the City of Las Cruces leaves me mentally breathless, and my blood is boiling.  There is no excuse for this unprofessionalism, lack of respect, and the refusal to apply the law equally and appropriately answer simple questions from taxpayers!

Item 3:  When I drive through my neighborhood, my yard is desert and is in no way, shape, or form less or better than my neighbors.  How many of my neighbors received code enforcement letters for their yards?  If the answer is none, then the law was not equally applied, and the officers involved need discipline for being selective in their application of the law and enforcement of the municipal code.  Suppose the answer is all of my neighbors. In that case, the code enforcement officers need to visit the neighborhood and explain precisely to everyone what specifically the code means by “Noxious weeds and other rank vegetation.”  The same vegetation growing in my yard is found in the desert surrounding Las Cruces.

Item 4:  The vegetation in my yard was left alone intentionally because the birds had been eating the seeds.  I prefer to see the birds as I am allergic to cats and dogs.  Since I cannot have a pet, and the vegetation had pretty flowers and had a valuable purpose of feeding butterflies and birds, I am still at a loss as to which of the vegetation is considered, “Noxious weeds and other rank vegetation.”

Item 5:  The time delay of Officer Chavez (#C438) cost me more than $1500 and worsened my injuries that were sustained in US Military service.  I am a 90% disabled veteran, and the stress of having to comply due to the refusal to notify taxpayers timely meant I could not hire anyone to help, nor could I obtain assistance from friends.  Thus, I had to perform the work myself, causing me significant injury over the 5-hours I was performing the yard work.  I take serious umbrage at the time-lapse in the notification from Officer Chavez (#C438) and his unreliability, and incompetence which need immediately rectified and resolved to my satisfaction.  Officer Chavez’s (#C438) actions were unconstitutional and potentially criminal.

I expect a prompt and timely response as a taxpayer.  Please note that a copy of this letter is posted to my blog and found at this link to promote governmental transparency.  Thank you for your time in this affair.

Sincerely,

Dr. M. Dave Salisbury Ph.D.
I/O Psychologist
US Army/US Navy Veteran

MDS/mds

CC: City Councilor Gabriel Vasquez

Whiskey-Tango-Foxtrot – The VA Edition: More Shameful VA Chronicles

Angry Grizzly BearThe Department of Veterans Affairs (VA) – Office of Inspector General (VA-OIG) has released the details of an investigation into a veteran’s death.  The scope of the investigation included several key items, but the main point was that a nurse failed to contact the patient, the patient went without medication for four days, and on day five, died.

The facility conducted an internal review of the patient’s care. The OIG found that the review was incomplete and included inaccurate information, and leaders were unable to determine if an institutional disclosure was warranted.”

Failing to coordinate care is a leadership issue, and the leader’s failures caused a veteran’s death.  With more veterans using community-based care options, VA leaders must coordinate care more specifically, that medical records are shared timely, and communication occurs.  We are several years into expanded community-based care options for veterans; why has the VA not made progress on this issue to date?

Personal storytime, no VA-OIG investigation.  I was forcibly moved from the Las Cruces community-based outpatient clinic (CBOC) to the El Paso VAMC due to the felonious and fallacious charges of being a behavioral problem in Phoenix VAMC because I cannot physically and safely wear a mask.  My new primary care provider, a nurse practitioner, sent me a letter dated 23 July 2021, almost a month after I submitted documents for completion, informing me they do not feel capable of making a medical determination on my ability to drive.  I had submitted some documents from the NM DMV to get a handicap placard and medical clearance for diabetes and my neurological condition.  A medical professional is not capable of making a medical determination.  Oh, the irony is thick with this one!

Irony Examples in Literature That are Just Perfect for a Lazy Day - PenlightenThe El Paso VAMC spearheaded a program for the VA to begin using nurse practitioners and clinical pharmacists as primary care providers to “reduce the burden” on actual medical doctors.  If the nurse practitioner felt medically incapable of making a decision, where was his supervisor?  Where was his leadership support team?  Is the problem with using no medical doctors clear?  Leadership issues abound, and nobody in Congress is taking any action.  Nobody in the VA’s highest echelons of leadership is taking any steps to correct the local and VISN level leadership problems.  Who suffers; the veterans and their dependents!

Back to recent VA-OIG investigations, we find a doctor from Florida sentenced to six years in the federal prison system, plus restitution and asset forfeiture.  From the record, we find the following:

To attain such high volumes of claims, the conspirators used bribes and kickbacks. Specifically, Davidson and his conspirators illegally purchased thousands of DME claims from so-called “marketers.” The marketers, for their part, had generated the claims under the guise of “telemedicine,” but no telemedicine had occurred. Instead, the “marketers” had bribed doctors to sign the DME brace orders that supported the claims. Davidson and his conspirators paid millions to secure the illegal DME claims for submission to Medicare and CHAMPVA.”

GavelHow many conspirators are Federal Employees?  How many are leaders of Federal Employees?  Who else knew and profited, and when will they be held culpable for the crimes committed?  Dr. Richard Davidson (42) had a lot of help to build a $20 Million healthcare fraud scheme; a lot of that help had to come from Federal Employees.  When will government employees finally start being held responsible for the problems they perpetuate?  Where is Congress in scrutinizing this case and demanding the legislative branch take action to stop the fraud?

Traveling to Puget Sound Healthcare System in Seattle, Washington, we find the VA-OIG neck-deep in conducting a comprehensive healthcare inspection (CHIp).  “The Director and the Chief of Staff had served since 2017, the Deputy Director for Patient Care Services and Associate Director had been in their positions since 2018, and the Deputy Director had served since 2019. Survey data indicated opportunities to improve employee satisfaction and reduce feelings of moral distress. Patient survey results showed that individuals were generally less satisfied with their care compared to VHA averages” [emphasis mine].  More thick irony is being dished out here.  Never will the VA-OIG find employees feeling morally distressed and patients being highly satisfied with their care.  There is a causal relationship between the level of moral distress in employees and lack of satisfaction from patients, and the problem is found in the leadership at the local VAMC/VAHCS level!

Knowledge Check!Never forget, the Puget Sound VAHCS is where the wait-list death scandal began before that hospital director was moved to Phoenix.  Thus, to hear of employees still feeling morally distressed in this VAHCS is not surprising, alarming, but not surprising!  To hear that patients still feel cheated is expected, as the VA leaders who took over after the wait-list scandal had been raised in a culture of corruption, where the honest left and the dishonest and disrespectful remained.  Some of the VA-OIG’s recommendations include patient follow-up and exit reviews, care coordination, medication management, and patient safety.  All of which are symptoms of poor leadership!

My wife just asked me a pertinent question, “Can you trust the VA to provide you honest care?”  No, I cannot.  Yet, due to ObamaCare, the cost of seeking outside medical service is so astronomical I cannot afford to participate in my company’s medical insurance plans.  The VA has a dearth of leadership, coupled with too many managers, lawyers, and labor unions.  Yet, who does a veteran complain to?  Congress is deaf to our pleas.  The VA in Washington is missing in action 100% of the time.  The veteran service organizations are all geared to helping get veterans enrolled into VA benefits.  Lawyers cost too much.  The VA-OIG is limited to making recommendations, and the government protects its own against litigation.

ElectionIn a representative government, the highest authority is the people electing officers to government.  Well, I continue to appeal to my fellow veterans, their dependents, and ordinary citizens.  Please, help change the VA!  Vote new blood into a public office dedicated to correcting and scrutinizing, not writing endless legislation that costs too much and increases debt.  Vote new judges into office who will see the problems and not employ judicial overreach to handle issues.  Demand accountability from elected officials.

© 2021 M. Dave Salisbury
All Rights Reserved
The images used herein were obtained in the public domain; this author holds no copyright to the images displayed.

I Hate Being Lied To – Follow-Up on Diabetes and Dieting

Angry Grizzly BearEarlier this week, I went to a doctor’s appointment that included diabetes boot camp and was instructed by Dr. T., a clinical pharmacist for the El Paso VAMC.  At the time, I thought the only liars were the Food and Drug Administration and the food pyramid I have been living for 40+ years.  After some additional research, I have to add Dr. T. to the list of liars using peer-reviewed sources.  Well, at least he is in good company.  The list of liars includes a neurologist who claimed all calories are the same and reducing caloric intake and caloric burn will help a person lose weight.  The advice I have been following for the better part of six years to no avail.

Cave Man Foods

The “Cave Man Foods” pitched by Dr. T. were sourced from Keto-Diets, not “14-years of research at the VA.”  The problem with the Keto-Diets is Ketosis, and if you have a liver problem, which I do, you can do serious damage to the liver by eating eggs.  Eggs are a staple of the Keto-Diets; do you see the problem here?Gravy Train 2

I have a friend, and he and his spouse went Keto about 16 months ago.  Earlier this year, his wife had liver failure, and the Keto-diet helped create a liver problem for someone who has never had liver problems in their life.  The correlational relationship between consuming eggs and non-alcoholic fatty liver disease (NFLD) is pretty solid based on my research.  However, as I am not a dietician, a medical doctor, or a food researcher, I can only rely upon medical advice and encourage you to seek medical opinions (plural) before starting any diet regimen!

Calories are not the same!

Let us establish a base of information.  A calorie is a unit of energy defined as the amount of heat needed to raise the temperature of a quantity of water by one degree.  In Junior High School, we used peanuts, sugar cubes, and other home ingredients to explore calories in chemistry class.  I still remember setting foods on fire and measuring water temperature correctly to get the caloric burns right.  However, dieticians never discussed then and not discussed now that one calorie is not the same as another calorie.  Just like rocks are not all the same size, have the same value, or can be used in the same manner.

RocksFor example, calories from sugar are not the same calories from kidney beans, even though both are units of energy, and 2000 calories of chocolate are not the same as 2000 calories of carrots.  If we are clear on this, let’s discuss why this is important.  2015, a neurologist told me all my problems with my nerves lay in how much fat I was carrying around.  He claimed that if I reduced the amount of calories I consumed and increased the number of calories burned, I would quickly lose weight.  Losing weight never happened, nor could I keep any weight lost off for any length of time.

Three years after this meeting, I was told I had developed diabetes and a non-alcoholic fatty liver, as well as gallstones, and my GERD was out of control.  This was when I was first introduced to the notion that not all calories are equal, even though all calories are units of energy.  I did not understand this discussion totally then; after Dr. T.’s discussion, I still do not fully understand the entire argument.

Lemmings 3I am sure that energy sources are not equal, even though calories are simple units of energy, per the laws and rules of physics.  However, I am not a chemist, a physicist, nor exceptionally well versed in diet and health.  I am not a dietician and am left to try and figure out the best advice and live that advice.  As a foodie, I have yet to find any diet, as the first part of a diet is “die” dying of hunger!  Before you ask, yes, Garfield is a hero of mine and has been my whole life.

Complications to Weight Loss

2017 thru 2019, I had been more active and had lost a little weight.  July through December 2020 come along, and all the weight lost is back in spades; why, the injuries sustained at the hands of the VA Police in arresting me for not wearing a mask at the VA Hospital in Phoenix, AZ.  According to research conducted on people with spinal cord injuries, the following are key variables in weight loss:

      • Age
      • Race
      • Marital Status
      • Employment Status
      • Family history of overweight/obesity
      • Level and duration of injury
      • Cholesterol level at baseline.

Thus, it is only logical that since my fallacious arrests and injuries at the hands of the VA Police at the Carl T. Hayden VAMC in Phoenix, AZ., exercise and weight loss would be impeded, acting as complicating factors in improving my health.  Why is this important; because, my new primary care provider does not think I have any problems and refuses to renew medication until other specialists claim the medicines are needed.  I find it interesting that the doctors would vary so significantly between VISN 17 and VISN 22.Lemmings 4

Mask Policies

While the following is not a variable in weight loss, it is part and parcel of the lies and problems I have experienced since Feb 2020.  The Las Cruces, NM., VA Community Based Outpatient Clinic (CBOC) had no problems accepting my doctor’s note regarding my inability to wear a mask.  When I arrived at the El Paso VAMC, the VA Police had no problem with my doctor’s letter regarding my inability to wear a mask, handed me a face shield, and then provided protection for me with other bureaucrats who took umbrage that I was not wearing a mask.

cropped-bird-of-prey.jpgMeaning that what I have been declaring about the mask policy, the mask mandates, and the hypocrisy of zealot VA Police Officers at the Carl T. Hayden VAMC is 100% true, and my treatment was not in accordance with the mask policy (emailed directive) from Washington DC.  I hate being lied to, detest being arrested and injured when I am right and refuse to be silent about how poorly the VA is treating veterans!  Does anyone know a lawyer who is willing and hungry enough to take on the VA?

References

Chen, Y., Henson, S., Jackson, A. et al. Obesity intervention in persons with spinal cord injury. Spinal Cord 44, 82–91 (2006). https://doi.org/10.1038/sj.sc.3101818

Gundry, S. R. (2017). The plant paradox: The hidden dangers in “Healthy” Foods that cause disease and weight gain. HarperCollins.

Joshi, S., Ostfeld, R. J., & McMacken, M. (2019). The ketogenic diet for obesity and diabetes—enthusiasm outpaces evidence. JAMA internal medicine, 179(9), 1163-1164.

Mokhtari, Z., Poustchi, H., Eslamparast, T., & Hekmatdoost, A. (2017). Egg consumption and risk of non-alcoholic fatty liver disease. World journal of hepatology, 9(10), 503.

Taubes, G. (2008). Good calories, bad calories: Fats, carbs, and the controversial science of diet and health. Anchor.

Taubes, G. (2011). Why we get fat and what to do about it. Anchor.

© 2021 M. Dave Salisbury
All Rights Reserved
The images used herein were obtained in the public domain; this author holds no copyright to the images displayed.

Las Cruces – The Come To Visit Stay a Lifetime City

Monumental award | Las Cruces BulletinIn 2016, my wife and I washed up as flotsam against the Sandia Mountains in Albuquerque, NM.  We enjoyed our time in Albuquerque, but the politics and politicians are really extreme and insane, to boot!  We thought about, briefly, moving to Santa Fe, Angel Fire, Las Vegas, and several other northern cities and locations in New Mexico, but nothing worked out.  So, we began looking into southern New Mexico.

Very Large Array Radio Telescope - Electronic Manufacturing Services | Carlton IndustriesNot having much luck, I took my wife to Phoenix for her birthday and showed her the “Very Large Array,” which took her breath away and showed her places in Arizona and New Mexico I thought she might enjoy.  On the return trip, I took the southerly route through Tucson, and we spent a night in Las Cruces.  My wife was amazed at the green that just “popped up” in the desert.  The green she mentioned were the miles and miles of pecan and pistachio trees that line the highways of Las Cruces.

Christmas in Cruces - Visit Las Cruces New Mexico - Las Cruces CVBLas Cruces, New Mexico (U.S.)Well, some time passes, and in trying to find a home, we finally found something in Las Cruces.  The longer I stay here, the more the place feels like home.  Better, the people and the architecture, the policies and politics, and New Mexico State University in Las Cruces make this southern location an incredible jewel hidden in southern New Mexico.  El Paso is close enough to visit if you want the big-city experience, but truth be told, everything you need can be found in Las Cruces; the people are friendlier, and the climate is fun.

While living in Albuquerque, too many people thought Albuquerque was all to New Mexico and referred to their time as time spent in the land of entrapment.  Thankfully, employment took me around the state several times.  I got to see the influence of federal government policies on land use, and despise them for the theft of this land.  I had the privilege of seeing just how logically insane the government in Santa Fe is and detest them for their inaction, stupidity, politicking, and infernal bickering.  But, every time I came south, Las Cruces captured my attention, my notice, and my wonder.

Best things to do in Las Cruces, New MexicoDeming is another location in southern New Mexico, but they are struggling.  Mainly because of the government politics and previous economic choices, which are still creating problems in the town.  Dependence upon the federal government in New Mexico is endemic, robbing potential, crushing souls, and destroying hopes and dreams.  This reality can only be changed if the federal government shrinks to the 1940 (pre-WWII) level of government.  However, if you look, you can find small pieces of potential, like spring flowers poking up out of snow, especially in Deming, Las Cruces, and the other southern New Mexico towns and locations that are missing, almost entirely, from northern New Mexico.

At a time when people seem to be restless, are looking for new horizons, and want an escape from the insanity of politicians who refuse to listen to the electorate, may I suggest a visit to Las Cruces and Southern New Mexico.  The change is refreshing, the potential is exciting, and the possibilities for growth and development are all but limitless.  Better still, there is an undercurrent of enthusiasm found here that appears to be missing in a lot of the other places my wife and I have visited in our 26 years of marriage and 28 different moves across the continental United States.

Outdoors in Las Cruces - Biking and Running - Visit Las Cruces New Mexico - Las Cruces CVBPlease note, Las Cruces is not all roses and rainbows, lollipops, and chocolate-covered peanuts.  There are growth areas in politics, agriculture, the railroad, the highways, and the need for manufacturing industry.  Some growth areas include an embedded mañana attitude where a business operates a little slower; outdoor workers quit before the heat comes on too bad.  Siestas and taking your time is problematic if you want things done in a hurry.  But, these are also some of the things that make this little city such an exciting experience.

One of the growth areas that might not be a growth area, except for volume, is the food!  Holy…  Gustatory Experience!  The food in Southern New Mexico is like an inverted food chart for Italy.  Northern New Mexico has different foods entirely from southern New Mexico, and Southern New Mexican food is head and shoulders above Northern New Mexico.  In Italy, it is said, if you want good food, eat in Northern Italy; in New Mexico, when you eat, eat in the south!

Las Cruces makes most overlooked cities listSure, Northern New Mexico has Monroe’s, which is a phenomenal gustatory experience capturing New Mexican food at its finest.  The Owl Café in Albuquerque is a gustatory experience not to be missed in any visit to New Mexico, save room for dessert and order a Chili milkshake.  However, Monroe’s and The Owl Café are but two places for food in Albuquerque worth visiting.  Las Cruces has Caliche’s Frozen Custard, La Neuva Casita Café, A Bite of Belgium, and Salud! De Mesilla, just to name a few!  The food in southern New Mexico is incredible, and the small places are wonderful.  Just remember about mañana.  Get impatient, and you get rude service.

Hasta mañana - TnRelacionesI cannot stress this enough, mañana is in the culture, in the air you breathe, the dirt, the sand, and in every action taken.  You do not come to southern New Mexico to be in a hurry!  Want hurry, eat fast food and flee at your earliest opportunity, for southern New Mexico is not for you.  Want a little slower pace, time to enjoy conversation, time to explore, and time to get to know people; come to Las Cruces and enjoy the experience!

Knowledge Check!When you visit, bring your manners!  Say please and thank you.  Say you’re welcome.  Hold the door for strangers and ladies.  Wave, especially if someone waves at you.  Drive the speed limit!  When I was in the US Army, I was given some advice for my visit to South Korea, “show respect, get respect.”  Well, the same is true to Southern New Mexico, show some respect, and you will have a great time here.

© 2021 M. Dave Salisbury
All Rights Reserved
The images used herein were obtained in the public domain; this author holds no copyright to the images displayed.

More Repugnant VA Chronicles! – When will this Insanity END?

I-CareMonday and Tuesday this week, 28 and 29 June 2021, the Department of Veterans Affairs – Office of Inspector General (VA-OIG) returned three more investigations, inspections, or criminal reports.  While no veteran is dead in this batch of reports (Thankfully!), the behavior exhibited remains egregious and blatantly criminal, and the bureaucrats and bureaucracy remain intact to continue to commit malfeasance, misfeasance, and malpractice!

Before getting into the VA-OIG reports, I want to hand out some praise.  The El Paso VAHCS was the focus of a major problem just a couple of years ago when the VA Police attacked a veteran and ended up pulling his arm out of his shoulder socket.  I am now a patient at the El Paso VAHCS, being seen at the VA Out-Patient Clinics instead of the Las Cruces Community Based Outpatient Clinic (CBOC).  While the fallacious claims of the Phoenix VAMC continue to dog me, I am very happy to report that the VA Police in El Paso were professional, polite, and the customer service displayed was top-notch.  Growth has occurred since the veteran incident mentioned, and I, for one, am grateful!VA 3

The VA-OIG has announced that Dr. Kenneth C. Ramdat has received one year of probation after being allowed to “plead guilty” to touching two women’s breasts without permission.  When the VA is compared to a criminal syndicate, where the administrators are actively against the employees and the patients, I can see the connection!  What else happened at the Louis A. Johnson VA Hospital in Clarksburg, West Virginia, while this doctor was on staff and is not included in the criminal trial?  West Virginia keeps coming up as another morally distressed VA Health Care System; what is the VISN doing to improve the environment for illegal activity?  If Phoenix and VISN 22 are an example, nothing, which is negligence worthy of criminal investigations!VA 3

How can employees trust each other when plea deals are allowed, and behavior worthy of criminal punishment exists?  I was physically attacked, as an employee, by another employee, and the administration swept the incident under the rug.  After being discharged during probation, I learned that the employee who attacked me had done this previously with no punishment and the revelation that the administration was gunning for my removal for reporting the attack.  How many VA Employees lost their jobs before Dr. Ramdat was finally forced to be held accountable for sexual assault?  Why the plea deal?  Doesn’t this plea deal re-injure the victims, the perpetrator got off, essentially?

Sexual assault pled down to simple assault with probation – criminal syndicate indeed!Plato 2

Kristopher M. Voyles’s trial ended with a sentence of 27-months in prison, 3-years supervised release, and restitution of $20,502.  While this is a good sentence for theft of medical treatment, Mr. Voyles was never charged and investigated for the actual crime, identity theft of a veteran!  Mr. Voyles stole the name, date of birth, and social security number of a veteran fraudulently created documents, and then obtained care.  Thus, theft of medical care was criminal activity.  Until we read, “Subsequent investigation revealed that Voyles had previously been prosecuted by Atlanta, Georgia authorities for using the same veteran’s identity to obtain prescription drugs from the VA Medical Center in Atlanta.”VA 3

Do the veterans targeted know that Mr. Voyles stole their ID and used it fraudulently?  How did Mr. Voyles repeatedly target and steal the identities of veterans?  Is the ID Theft related to any VA data breaches, losses of veteran identities, or IT problems consistently occurring at the VA?  Were any of these questions asked during the “subsequent investigations?”  If so, where are those VA-OIG reports?  This criminal intentionally targeted veterans, stole identities, used those identities; how many other veterans’ identities does he have or have access to?  The Department of Veterans created the problem of ID Theft; when will they be held accountable for the loss of ID?  Better still, when will the data theft from the VA end?

Knowledge Check!Our final example (today) for the repugnant and criminal behavior of VA Employees needs a little background to be fully understood for those outside the military and government employment.  In government, contracting officers liaison between the facility receiving goods and services, the government paying for goods and services, and the third-party hired to provide goods or services.  Some third-party contractors receive government-issued identification cards similar to an employee identification card, both of which are called a “Personal Identity Verification” (PIV) card.  These cards act as keys to the facility, prove identification and authorize the contractor to be doing what they are doing.  The contracting officers are the end-all in the responsible party for that third-party contracted vendor.

VA SealContracting officers and third-party contractors act under Federal Regulation called “Federal Acquisition Regulation (FAR).  FAR is like the Bible; it has everything in it outlining duties, responsibilities, and authorities.  Contracting officers are supposed to know the regulations before contracting goods and services, and they teach the contractor their responsibilities.  Especially where a PIV has been issued, the contracting officer, as the liaison, IS THE Responsible Party, not the contractor.

Now, gauge the following VA-OIG report with these facts in mind.

The VA-OIG “… examined a random sample of 46 professional service and healthcare resource contracts. None of the reviewed contracts had adequate evidence to demonstrate FAR requirements were met. VHA contracting officers’ noncompliance with PIV card requirements occurred because they were unaware of their responsibilities and the requirements. In addition, VHA did not have policies or procedures detailing supervisory oversight of contracting officers’ duties regarding PIV cards, the internal audit office did not review compliance, and there was no automated tool for continuous tracking and monitoring of PIV cards issued; to contractors’ personnel.”VA 3

Did you catch that; a 100% failure in a random sample of contracts, contracting officers, and oversight supervisors were unaware of their roles and responsibilities.  How long has this failure been occurring?  How many government PIVs are available granting access to facilities where the contract has concluded?  This is not the first time the government contracting officers and offices have utterly failed to perform their roles and responsibilities; yet, this is one of the most dangerous to the PIV system’s security, safety, and reliability.  This is just an investigation from the VA, how bad is this problem across the entire government contracting establishment?

QuestionI cannot understand how a contracting officer, with all the training, re-training, and refresher training that is mandated, could use the excuse, “I didn’t know that was part of my job!”  As a person who has worked around contracting officers, I knew this was their job, and I am not a contracting officer.  It is simply common sense; if you facilitate obtaining identification, keys, and access codes, you are responsible for getting these things back!

While the behavior of the contracting officers is part of the problem, the culture of passing the buck and dodging responsibility is readily apparent in the following statement from the VA-OIG list of recommendations.  “The OIG also recommended VHA assess whether the existing and planned information systems could have the functionality to allow effective and routine monitoring of contractors’ PIV cards or a new system is needed.”  Designed incompetence will allow the IT failure to be the problem, to finagle more money from Congress for IT infrastructure upgrades and new systems, as the legacy systems were purposefully designed not to accommodate regular, daily, routine activities!VA 3

I refuse to believe the VA has ever designed a system that works, is cost-effective, does its job, and can be useful.  Why; because, having worked at the VA, been a patient at VAMC’s across the country, and reading the VA-OIG reports, the VA has proven their utter incompetence!  If a local hospital allowed this type of failure in their contracting department, heads would roll, and Congress would be demanding investigations to ensure HIPAA was not breached.  Yet, the VA can get away with murder, and Congress cannot even care, let alone issue a mild rebuke or increase scrutinization.

Angry Wet ChickenThus, I call upon every American to share my disgust and demand action!  Stop allowing this detestable behavior, paid for by taxpayers, to thrive.  End the abuse!  Not just for veterans harmed by the VA bureaucracy, but for your hard-earned tax dollars and the disrespect the elected officials display towards you, the boss!  Tell me, if your employees displayed the same behavior witnessed by elected officials and bureaucrats of all stripes, how long would they keep their jobs?  If your boss showed you the same disrespect, how fast would you be looking for new employment and telling everyone not to apply there?  Now, answer this question, “Why do we accept this abuse by government officials and elected representatives?”

© 2021 M. Dave Salisbury
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