VERNON BALMER JR.
GENERAL DELIVERY
HONOLULU, HAWAII 96820
Chronology:
Jan. 14, 2011: Librarian, Michelle, says I must relinquish my place at
the computer to a man that came in after my card was reset and I was at
the computer. Ms. Diane Eddy the director gets within inches of my face
while at the station and repeatedly demands and requests me to give up
the session, and Ray, Star Security Guard, calls the sheriffs to have me
removed from the library, after Ms. Eddy says I am causing a
disturbance. Ms. Eddy uses the term "as a courtesy to me" when
repeatedly demanding and requesting that I relinquish the seat.
Aug. 7, 2010: My MP3 player is stolen at the library. Officer Roden
makes it 'Lost Property'.
July 21, 2010: A bag containing police reports made by me are stolen at
the library.
June28, 2010:
My bag stolen at the Ala Wai.
Jun. 24 - Today, I go to the police station and inquire about these tworeports
(199784 152479). I find that there is no statement filed for either.
One is for the bag, which did not contain the two recorders and
two tapes when I claimed it. I also find Off. Lee left of one recorder
and the tapes from his report. Also, the report number now jibes with
the number in evidence, as it did not when I claimed the bag.
May, 2010 - I updated my registration to vote in the 2008 election
because I had left my last address, although living in the same area and
having the same polling place - McCully. I voted in the last national
election at McCully.
I went to the office in City Hall to update again, this past Wednesday,
for the special election coming up. I was told that I hadn't done any
action since 2006.
Apr. 2010 - I called an officer to report what I believe was a theft.
The officer told me that since I did not purchase the item and there
would be difficulty in obtaining fingerprints, he could not make it a
theft, but instead, MISC PUB.
When I went to the Police Commission, I was told any investigation would
be hampered by the inability to collect possible fingerprints.
July 16, 2009: My tax transcripts are stolen at the State Library.
These included a set that was sent to me unsealed. There are
discrepancies in my name, address, wages reported, and withholding.
Apr. 14, 2009 - The IRS tells me there is a 1099 in my name for 2007. I
never applied for social security, never received a check from social
security, or cashed a check from social security. The SSA tells me there
is no record of a 1099 in my name.
Mar. 19, 2009 - Emails I had in my AOL account have vanished. The
emails were between Ms. Mason and me when President Obama was Senator of
Illinois. Who would want them gone?
Seems anyone can come to the Hawaii State Library at any time and do
anything they want with, on, and at the public computers.
Aug. 18, 2008 - I go to the police station to get a copy of the report
made to Officer Porter. The statement is still not with the rest of the
paper work. My statement contained more detailed information about what
was inside, including my passport and birth certificate, and numerous
correspondences with government agencies.
Jul. 27, 2008 - I return to the police station to make another report
and statement, this time with Officer Porter.
Jul. 21, 2008 - I returned to the police station downtown to complete
the report with Ms. Aksionczyk, at 5:40 in the morning on Monday and was
told by the officer on duty at the receiving area that she would be in
at 6:00... I waited until 6:00 and inquired with a different officer,
and was told that she would not be at the receiving area until 10:30 -
2:30. I tried again during these hours, without success.
This has been 5 days now and no report has been generated and I cannot
get a number to reference concerning the case. I need to know how to get
the report filed and a number to reference with further correspondence.
Jul. 19, 2008 - I made a report to an officer by the name of Lisa
Aksionczyk, on Saturday of this month, about a stolen backpack I left on
the route E bus. Ms. Aksionczyk suggested at the time, that I inquire at
the lost and found department of The Bus. I thought this was a good
idea, so that a Good Samaritan would not have the unpleasant experience
of someone thinking they were a thief.
I went to the nearest stop I knew the bus would stop at on its return
trip. I saw the driver, recognized as the one I rode with and waited for
him to stop. I asked if it was turned in. I was told no by the driver. I
asked the driver's name. He told me Raymond.I asked where the bus
terminated and Raymond told me Waipahu. I subsequently found the bus
terminates in Ewa.
RAYMOND LIED.
The only time I could check with The Bus lost and found would be the
following Monday, it is not open on weekends. I did call The Bus, on
Saturday, with an emergency report because there was important ID in the
backpack.
I was told by the representative that no backpack was turned in. On
Monday I went to the transit center to inquire in person, and was
disappointed to be shown backpacks that were not mine...
Jan. 2008 - Unlike the DCCA of Hawaii, who I supplied documentation to,
the Department of Health and Human Services "Region 10", without
documentation, finds that Dr. Au did violate the privacy act by charging
me too much for copies of my records. But, Region 10 tells me they
cannot precede on the 6 other allegations
1. Along with saying I did not see as well with the new glasses, I said
that the prescription that I was given was weaker than the one I had the
previous 7, count them, seven years. Your office, nor the DCCA,
responded to this charge.
2. The reason I asked Dr. Au to change the prescription was because the
NEW one, I repeat, was weaker in one eye. This was the only alternative
Dr. Au gave me other than accepting the weaker prescription.
3. The "Vision Certificate" Dr. Au provides, had no license number where
it should have been and she did not sign it where it should have been
signed.
4. Dr. Au refused to give me photocopies of my records and did not give
me a reason, per her offices policy, when I asked for them in her
office.
5. Dr. Au charged me 2.00 dollars per page, totaling 20.00 dollars,
which I believe is exorbitant.
6. There are conflicting numbers on my records that I would like
explained. This, no one has addressed. And I doubt that my records were
reviewed by an impartial optometrist, as any reasonable person would
assume to be a part on what your office calls an investigation.
7. I was trespassed from Dr. Au's office for no other reason than asking
for copies of my files, and in her response to the DCCA she says I was
escorted out of her offices by mall security, which is a lie by an
optometrist that practices deceit.
Nov. 2007 - My complaint about Central Pacific Bank is not sent to the
FDIC regional offices in California. Instead it is sent to Kansas City.
Missouri. The response I get from FDIC says my concerns are contractual,
although I point out two misrepresentations by the bank's compliance
counsel, Judith A. Villarreal.
Ms. Villarreal says I did not contact Mr. Clint Arnoldus, Mr. Dennis K.
Isono. I have Certified Receipts and electronic verification from USPS
that says I did.
Coincidentally, there are officials at the Kansas City offices with the
name Villarreal: Jesse O. Villarreal Jr., Lisa M. Villarreal and Victor
Villarreal.
It is my opinion, that a person trained as a lawyer would verify facts
before submitting them in official documentation. Therefore, I can only
assume that Ms. Villarreal had a serious lapse in judgment, or she was
lied to by those she spoke with.
Mar. 2007 - My complaint to the Dept. Of Ed is refused on the grounds
that they do not fund any programs or activities at the Hawaii State
Public Library System, and therefore do not have jurisdiction.
If the situation is threatening enough to cause a change in levels
moment to moment, it stands to my reason, it would remain at a certain
level until there is a sufficient enough change or stabilization to
bring it to a lesser level. But that's just me.
Oct. 17, 2006 - I submit a complaint to the Police Commission relaying
concerns about the treatment I experienced at the security checkpoint at
HPD District 1 the previous day. An investigator tells me it is the
policeman’s job to "interpret the law".
Returning to the station to locate an article I left, I am told by
Officer Kahele, in the presence of one officer Hung, and another, that
it is mandatory that I produce ID, and that I remove everything from my
pockets, and take off my belt before passing through the metal detector.
I point out this information is not on the signs, and officer Kahele
says there will be no furthering of my purpose if I do not comply. After
complying, I am told by officer Kahele that I must sit down, or she will
not take my report. Previous to this occasion, when at the HPD
headquarters, I was never asked to remove everything from my pockets
and, or to remove my belt, or that I had to produce ID to enter. Officer
Lau, the sergeant for this post, tells me the same.
I am told by a detective that it is not mandatory to produce ID, "We
don't care who you are. Anyone has the right to come in here". Sergeant
Lau, who I am told is the officer in charge of the post, says depending
on the threat level, procedures may change day to day.
He says one may be required to remove everything from ones pockets etc.,
or be required to submit to different procedures. I inform him that on
the same day, when I was there previously, I was not required to do so.
He informs me that the security level may change from moment to moment.
Oct. 16, 2006 - I submit a complaint to HPD Internal Affairs relaying
concerns about not being asked to identify the driver of the vehicle
that hit me on the 8th of Sept., and the fact that the person who stood
as Chris Pa at the arraignment was not the driver of the car.
Oct. 6, 2006 - I go to the arraignment of A Mr. Chris Pa. I am surprised
to see that this Mr. Pa is not the driver I saw, while laying on the
hood of the car and peering through the windshield, and definitely not
the man I looked in the face and spoke to through an opened window.
This may be due to the fact that I was not asked to identify the person
located, arrested, or cited, on the night of the incident or at any
subsequent time, until I see him at the arraignment. I am directed by
the presiding judge to inform the prosecutor’s office, which I do.
Oct. 2, 2006 - I am told at traffic court there is no court date set,
but have found online there is one on Oct. 6, in room 4B, and I am not
included as the victim. I still get correspondence from the insurer's
agents telling me of medical coverage available, although I told the
driver, the responding officer, and previously the insurer's agent, I am
OK.
Sep. 21, 2006 - I go to City Hall to get a voters registration card and
am told it will cost .50 cents. I am surprised to get a "Certificate", ala
Lens Crafters, and ask isthis it? I am told yes by the clerk. Today, on
"The Bus" I see a man whosays he works at the polls, who tells me
there is still a little yellowcard that comes in the mail and is surprised to
see the "Certificate".
Sep. 8, 2006 - I am hit by a car bearing license plate JST 203, that was
stopped at a crosswalk. The driver is looking at me when he accelerates.
The driver doesn't wait for police to arrive. They find him at his home.
The police report reads Crime Code 550, which I am told means, a
collision with damage of more than 3000 dollars. I am told the
responding police officer decides if there will be an investigation.
This is More, Honolulu HOKUM.
This is the place where, those who would complain about wrongdoing are
persecuted, harassed, smeared and railroaded. Where the perpetrators are
bribed to keep quiet, or go along with the cover-up, promoted, and
transferred.
Sep. 7, 2006 - A security guard, Solomon Save a, badge number - 90187,
at the Hawaii State Library, calls me a "ni - - er" twice" in the
library foyer, in a loud voice.
Aug. 10, 2006 - I have been told by Sen. Barack Obama's office, where I
sent this same correspondence, that someone from Sen. Akaka's office
would contact me, because Sen. Obama's office forwarded the
correspondence to them. I have yet to hear from Sen. Akaka's office. Is
there some assistance your office can give me?
Jul. 2006 - I have written to the Clint Arnoldus Denis Isono and Susan
Tachino asking them to explain, and have received no response.
Letter Sent To Senator Obama
From: yinsay@aol.com
To: Obama_Casework@obama.senate.gov
Sent: Wed, Jun 6 4:46 PM
Subject: Ms. Mason
Thank you for the assistance you have given. Please, do not contact
Senator Akaka’s office again, on my behalf. Unless there is some
necessary secrecy to an investigation he is doing, all I have received
from his offices is a letter in response to my inquiring about funds for
the Hawaii State Library. My concerns extend much further than this.
Hopefully, the light being shed on activities in the Justice Department
will lend itself to some justice for me. Otherwise, it will be nothing
but justice delayed and denied.
...
Jul. 23, 2006 - An Optometrist, Kim Agena at a Lens Crafters gives me a
prescription that is weaker than the one I had for the previous 7 years.
Doctor Au, a co-owner corrects this, but when I ask for photocopies of
my records the doctor refuses and gives me a hand written “Vision
Certificate" instead, that is not signed and does not contain a license
number where applicable. I have made a formal request in writing. They
have told me it will be at a cost of 20 dollars for 10 pages, which
seems exorbitant and requested that I not seek services at any
Optometrists in Lens Crafters.
The doctor, Au, is the co - owner along with Dr. Lau, of all the
Optometrist offices in Lens Crafters, in Honolulu. In other words, I
cannot get an eye exam at Lens Crafters. Is it considered rude or
threatening, to ask for one's records?
The advice I get here is nothing but a pack of lies.
The local ACLU has written me 3 differing and separate excuses why they
cannot or will not get involved, but never the conflict I found below.
Apr. 2006 - I have had two librarians and a circulation clerk tell me
there is no report possible for stolen books. They must be lost. This
would have caused fees to be incurred by me. I had to take the police
report to the State Librarian's Office to settle the matter and have the
fines removed from my account. This all could have been done at the
State Library.
Jan. 2006 - I have had two bank accounts affected. One because a deposit
I made to cover my use of overdraft protection was not credited; they
rescinded the "overdraft" and CLOSED my account.
The bank says it had to be held in the account for a day, to be
credited. Nowhere in the terms and conditions is this stated. The
depletion of the other account, I have been given no reason for.
Recently, I have made another complaint, in addition to the previous
five, to the USPS - OIG, about mail I am to receive or have sent. I sent
a certified letter to Richard E. Fairfax, Directorate of Enforcement
Programs - OSHA, in Washington D.C., on the 2nd of December.
The certification number is 7005 2570 0000 6898 2586. I look at the
track and confirm feature at USPS.COM and there is no record of it
having been delivered yet.
My case was dismissed May 24, 2006. How often does this occur? A case is
dismissed with two days difference between the dismissal date and the
termination date, (May 26, 2004) of the individual filing suit. I will
never understand how the three judges that made decisions in this case
could not see that it is too complex for anyone who would consider
themselves a pro se litigant, which I do not.
This has been an uphill battle against an opponent whose underwriters
include a Fortune 500 company, FNF.
Emails sent to lawyers:
john.goemans@gmail.com wrote :
Dear Vernon---- Your letter is alarming. I have over time,recieved calls
from persons very distressed by the Hawaii you know.In fact I've been
out of Hawaii for many months one reason being the hostile and
dysfunctional nature of things.I've even been jailed on a charge it took
the Judge when I finally got before one 2 minutes to throw out.That all
being said have no ability to be of help to you other than to give you
encouragement from this
distance.
Sincerely John Goemans
-----Original Message-----
From: Eric Grant grant@eric-grant.com
To: yinsay@aol.com
Sent: Fri, 11 Nov 2005 01:06:41 -0500
Subject: RE: Still attempting to contact Mr. Goemans
Mr. Balmer, Mr. Goemans' address is john.goemans@gmail.com
Cordially,
EricGrant
Attorney at Law
8001 Folsom Boulevard, Suite 100
Sacramento, California 95826
Telephone: (916) 388-0833
Facsimile: (916) 691-3261
http://www.eric-grant.com/
From: yinsay@aol.com [mailto: yinsay@aol.com]
Sent: Wednesday, November 09, 2005 7:47 PM
To: grant@eric-grant.com
Subject: Still attempting to contact Mr. Goemans. If he has one, and you
know Mr. Goeman's e-mail address kindly forward this to it, please.
My Information:
I have resided here in Honolulu, Hawaii for almost 4 years now. I had
intended to stay here when I made the decision to come, and was happy to
have found employment relatively soon. I found a job working with a
temporary agency for 4 months. I was hired by the client as a regular
employee, Sept... 2002. On my first day of regular hire, I was shocked
to hear, "you know why they hired him, don't you", from one of my
co-workers. But, needing to work for a living and being in a strange
place, I thought it best to ignore this, after all, I was hired.
At the beginning of my time with the client, Title Guaranty, I was told
by the onsite supervisor, that if I was to take a particular bus and
call her first, "there would be more work". The day after this I handed
her my time card, ready to seek another assignment, when she acted as
though she didn't know why I would be doing this.
When I explained, she countered with some nebulous words and said I
could work as long as the company needed me.
Subsequently, the same supervisor would tell me that I had to give her a
key or the combination to the lock on my locker, "in case of an
emergency". I thought this to be a strange request, as I could not
imagine an emergency in my locker that would require her or anyone else
to open it without me. I didn't respond to her request, and not hearing
anything further, I gathered that it was not company policy at all.
Having a co-worker refer to me as "boy" and another ask me 3 times -
after giving an answer twice - "why do black people use the N word?",
did not make me feel very gregarious among them. I was also told by a
co-worker, "all Hawaii is a gang brah", and by another, "it's all
connected", the supervisor speaking about a former supervisor said, "we
made him quit because he thought he was smarter than us, cause he was
from the east coast".
We were housed in a basement of what is now a former Costco building,
with an air-conditioner as the only ventilation.
When I noticed mold growing in a hole, in the wall beneath the
air-conditioner, adjacent to the room where I sometimes, but mostly my
co-workers would eat lunch, I asked them about it and was told that
management was made aware of it and did nothing. I decided to inform
management myself, considering the untruths I had previously heard from
some. I was thanked by the assistant to the woman in accounting who
handled the repairs for the building.
I did not think it was a major undertaking by a very successful company
to fix this problem, and was surprised at the length of time it was
taking to address the situation, so I informed OSHA, Aug. 2003. This is
when things started to go further south.
The day after going to the OSHA offices, the next day at
work, my supervisor stated to a co-worker, "Vernon went to OSHA." This
information was not given to her or any co-worker, by me.
When I went to OSHA, the employee did not give me any type of reference
number, or write one in the space provided on the complaint form, nor
did she inform me at that time that mold is not OSHA'S jurisdiction,
which is what I was told when I went to check on the status of the
complaint. Neither, did the employee inform me of laws governing
discrimination.
I was also told - it not being OSHA'S jurisdiction - the complaint was
referred to the Department of Health. It was like pulling teeth to get
an answer as to what office at the DOH it was referred to. Needless to
say I could not inquire about the possible disposition of the complaint,
not knowing where to inquire.
I made a complaint to the EEOC, Jan. 2004, and the Hawaii Civil Rights
Commission, Apr 2004, both of which were dismissed without any
investigation. Each agency sat back and waited for the submission of the
company's response, giving them numerous extensions. Incidentally, I was
contacted by the director of the EEOC, asking me if I wanted to proceed,
after I was shown a copy of the company's response, which I don't
believe is proper.
I now see in the EEOC's and the HCRC's own publications, matters such as
mine that were investigated and even adjudicated. During the HCRC's lack
of investigation, I only heard from them at the intake and when I
received their letter of dismissal.
I now find the investigator did business with my former employer. I
furnished the EEOC and the HCRC with names of co-workers who said they
would speak for me. They were not interviewed. I was informed by an
investigator at the EEOC that no one visited the site.
There was a similar situation here with UPS, where an employee was fired
for doing less egregious acts than his co-workers, which I believe is
the case here. I saw co-workers break company equipment, cuss freely,
ask for sexual favors, and bring children and friends to the work site.
Throughout this experience I have been told by these agencies' staff and
lawyers, literally or in effect, "there is no smoking gun here". This is
only due to there being no investigation. In the least, there is a
pattern that should compel any thinking person to ask questions.
Subsequent to this, my work was sabotaged on more than one occasion, and
reports to management only resulted in them twisting the situation in
attempts to placate me and set me up for these spurious accusations by
my co-workers.
Each complaint of mine was a matter of my erroneous "interpretation", as
stated by management (Myron Koizumi), while my co-workers complaints
were valid descriptions of my "misconduct".
As a result of the accusations, I was suspended, without pay, pending an
investigation for, I kid you not, a co-worker accusing me of harassing
her by clapping my hands and signing "Pink Cadillac", and another
saying, I was teasing her when I asked her to say my name and that of
the manager, to see if I could distinguish the two.
I was terminated in May 2004, two weeks after the dismissal of the EEOC
complaint that was not investigated, and a day after informing
management that I overheard a co-worker saying to the one that accused
me of harassing her by singing, "we're going to show him the power of
pu- - y.
I was denied unemployment insurance, June 2004, with a fact-finding
interview done over the telephone that was not reviewed or signed by me,
as it should have been before it was made part of the official record
and used at my future appeal.
The subsequent appeal Aug. 2004 was biased, prejudiced, and contained
perjured statements by the witnesses for my former employer. I am now
told that the recording of the hearing does not exist because it was
transcribed.
I have initiated a suit in federal court, Jan.. 2005 that I cannot
pursue, due to the lack of time and funds necessary for an undertaking
such as this, and the skill I do not have in these matters.
I have all but given up searching for representation, believing word has
gotten to many legal ears on the island and no one wants to go against
the state that has all but coddled and cuddled business here.
I have contacted the ACLU, and given them much information, but they
seem more interested in writing briefs for exotic entertainers, arrested
for doing lap dances. First they tell me they cannot help unless the
matter involves a government agency, then they tell me they can if a
decision is against me, then they tell me they do not have the manpower
and time. Each of the criteria, I met at the time I contacted them.
I find a lawyer, Roger Fonseca, at the firm representing
my former employer, is the national representative for the Hawaii
chapter of the ACLU. And their staff also has names that are the same as
those associated with Hawaii real estate. They cannot help, but they can
accept my information.
I have tried to interest many, many lawyers and firms by email, letters
and personal visits, to no avail. I have had a lawyer in San Francisco
who participated in a well-known case here try to find someone without
success.
This situation has been surrounded by complicity, cronyism, and bias.
I have written to the DOJ, only to have my information shuffled from one
agency to another, including the Department of the Interior, of all
places, and finally coming full circle to the Hawaii Department of
Labor. I do not think this was coincidence. At the HCRC, there is a
commission chair, I have found, married to one my former employer's -
one Coral Wong Pietsch.
Mrs. Pietsch is a general in the U.S. Army Reserve, and an attorney, a
very powerful position with ties to D.C., I'm sure. It has long been my
suspicion that this may have played a role in the lack of effort on the
part of officials that has attended this matter. Each party's history I
research has some relation to another, be it professional, academic, and
even familial.
I now look at web sites for all the organizations I sought help at - the
Governor and Lieutenant Governor, all representative's and senator's
offices, Legal Aid Society, Hawaii Dept. of Labor and the DOL -
national, EEOC - Hawaii, district, and national offices, NAACP Hawaii, ,
ACLU of Hawaii, Hawaii - Department of Health, HIOSH and OSHA
( regional and national ), the Hawaii Office of Information Practices, the
ombudsman's office and Volunteer Legal Services of Hawaii.
Concerning Volunteer Legal Services of Hawaii, I have recently
discovered that one of two lawyers they referred is an attorney at the
law firm representing my former employer, and the other is a realtor in
Honolulu, and also licensed to practice in California. And another is
the member of a firm with old ties to the Pietsch family. Who were these
lawyers going to "help"?
At the Hawaii Civil Rights Commission, and Hawaii Ethics Commission, I
find the persons responding to my letter, did business with my former
employers and my letter explaining the situation and their reply
stating they could do nothing, are the only correspondence I had during
their "investigations" or dismissals.
I have sought assistance at the Hawaii State Bar Association, where the
lawyers who are members of the Real Property and Financial Services
Section, are also affiliated with these other organizations, or directly
associated with my former employer, or the firm that represents them -
Torkildson, Katz, Fonseca, Heatherington, and Moore.
The Real Property and Financial Services Section includes a lawyer I was
assisted by, one Andre Wooten, who at the time told me nothing of his
involvement with this organization.
He was suggested to me by church members and NAACP officer, Alfonso
Braggs. I pull up the staff or the particular board of directors of
these organizations and there are last names that are the same and have
some relationship, mostly with real estate, and more than a few with
ties to California.
Two names in particular are quite suspicious. Kouchi is at Volunteer
Legal Services. It was also the last name of the HR assistant at Title
Guaranty. Pang, is the name of a front desk worker at the YMCA, whom I
complained about signing for my mail. It is also that of an Appeals
Officer at Department of Labor - Security Appeals Referees Office.
Hirayama is the name of the appeal's referee and also that of the owner
of the restaurant at the YMCA.
I mention the YMCA because in 2002, I had complained about what I
believed to be prostitution, facilitated by staff there. And when I
informed the supervisor at Title Guaranty, her response was to leave
well enough alone, after I informed her that I had, in my opinion,
angered some people there.
My subsequent report to the police department was investigated by the
police calling the YMCA and asking them if my suspicions were true. I
think you can see what position this left me in. In my lay opinion, this
was a sloppy and dangerous way to initiate and conclude an
investigation.
There are too many relationships here to be mere coincidence, and are
questionable, at least.
My information was passed by one Elaine Chao - Department Of Labor, in
D.C. to Tin Shing Chao Department of Labor here in Hawaii, who used an
erroneous date to nullify my complaint. This was after a layover in
California with Ms. Alison Pauly at the regional offices, whose CASPA
investigation stated that I should have made this a written complaint,
when Hawaii law states it does not matter, whether written or verbal.
Could she be related to the Paulys who have donated to the University of
Hawaii, and have owned land here?
The complex in Hawaii that houses the Department of Labor is also where
the HIOSH offices and the Hawaii Civil Rights Commission offices are
located. This name, Pang, pops up in various places dealing with state
government and real estate. I now know these agencies to be straw dogs
that do everything but contend with the status quo.
For the most part, the agencies that pretend to help, most notably the
NAACP and ACLU, only collect information and then say they can do
nothing; I wonder what happens to the information in a state that treats
confidential information as a commodity. Incidentally my former
employer's representation is one of the largest contributors to Legal
Aid Society.
I have applied for many positions since my termination, and have only
worked sporadically in spite of my efforts. I have registered with many
staffing agencies - Olympia, Hawaii Staffing, Snelling, and Hawaii Temp,
CTA Staffing which is now Bishop & Company, Manpower, Kelly, and POI. I
have not worked a complete week and have not been contacted at all by
some. I registered at Altres in 2004, and was not called in a year’s
time before I returned. There, I was terminated for, “not being
proactive".
There is no confidentiality law here, and I believe this also has worked
against me. It - confidentiality - has been frequently cited by my
former employer's agents and state officials, only to protect their self
and facilitate their deceptive practices.
I mostly use the public library to use the Internet, i.e. write letters
and do research. Needless to say, this is not the most secure
environment to do this type of activity. And I have had problems at this
library with the computers and the staff.
At the library, I have seen the text change when I am typing, without
commands initiated by me. The printer is connected to the computer at
the librarians' desk. On one occasion, I was told by a security guard
that a librarian had complained about me harassing her because I asked
for her name to report her behavior.
After contacting the librarian's office, there is no record or
remembrance of this aspect of the report. This tactic of "bait and
switch" has been used on more than one occasion, by different entities.
After not being online for 3 days I saw where someone had requested an
Army Knowledge Online account in my name, or I should say my screen
name. I saw an attorney - John L. Knorek - from the firm representing my
former employer enter the philosophy department and ask for a librarian,
Kathy, by name.
Yee is the name of the head librarian at the State Library and the name
of a former employee of the United States Attorney's Office and HCRC,
did training for the Department of Justice, and worked for the
Massachusetts Attorney General. I sent most of this same information to
Sen. Ted Kennedy's offices in Massachusetts and was told during a
telephone conversation with the office that, being on the Judiciary
Committee, Sen. Kennedy could not get involved in judicial matters.
Since this is the only avenue I have been given, I have asked the
district offices of the DOL to investigate by CASPA, Sept. 2005, and
have asked for an investigation for discrimination due to the whistle
blower aspect of the matter.
I believe this will be my only chance at a modicum of justice. But I
will always believe that more realistically this situation can be
defined by, 18 USC 241, 242 and 245.
Hawaii, I now entertain, is a state where the dollar is God, and workers
are only by a necessary evil to facilitate that gain.
The Director of Labor and Industrial Relations, Nelson Befitel, has
unashamedly professed his desire, and that of the state to relieve the
department of any obligation to penalize businesses for infractions and,
I can see where the natural sequence would be to alleviate any scrutiny
that would expose abuse of power by the states employees.
It is no wonder; I have experienced what I have. All too often, in the
news here, the term "outsider" is given to any entity that would look at
what is practiced here. But there is a GOD that sees all and will affect
justice for the oppressed.
Letter sent to Mr. Fairfax
November 7, 2005
Richard E. Fairfax, Director
Directorate of Enforcement Programs (DEP)
U.S.. Department of Labor
200 Constitution Avenue N.W.
Washington, D.C. 20210
Dear Sir,
For the past two years at every step in this long railroad, from my
initial complaint filed at the EEOC, and subsequent to that, the HCRC;
the United States Commission on Civil Rights; the Department of Justice;
and finally through no effort of my own, having it wind up at the
Regional OSHA offices in San Francisco, I have steadily maintained that
I submitted a written complaint at the state HIOSH offices, here in
Honolulu.
I was told that much of what I sent to the DOJ had been sent to the San
Francisco OSHA offices. Evidently this written HIOSH complaint was not
among the papers.
Imagine my surprise when I got this letter from Mr. Traenkner, informing
me that I should not have made this a verbal complaint. I retrieved the
copy of the written complaint, made for me while at the HIOSH offices,
just to convince myself that those in power are the ones mistaken, and
now I believe with my whole being, they are in actuality, deceitful and
dishonest, practiced at covering up embarrassing incidents, and
downright criminal.
I am making a request to you for a review by your national offices,
where hopefully someone unbiased, with integrity, will do the right
thing. There was a Ms. Hirai in San Francisco that said she could see
the discrimination in this matter. Too bad it was not she that conducted
the investigation.
I only hope it is coincidence that there is a Hirai here in Honolulu
that is a lawyer and involved in the real estate business, and a lawyer
formerly in the firm representing my former employer.
Throughout this situation there have been relationships, I have noticed
in my opposition, which include professional, academic and familial. It
has long been my suspicion that those ensconced in the cronyism here in
Hawaii have at each step facilitated the lack of effort in this matter.
I am now sure of what I have long suspected. This cover-up goes much
further than what happens here in Hawaii.
Sincerely,
Vernon Balmer Jr.
Honolulu, Hawaii
GENERAL DELIVERY
HONOLULU, HAWAII 96820
Chronology:
Jan. 14, 2011: Librarian, Michelle, says I must relinquish my place at
the computer to a man that came in after my card was reset and I was at
the computer. Ms. Diane Eddy the director gets within inches of my face
while at the station and repeatedly demands and requests me to give up
the session, and Ray, Star Security Guard, calls the sheriffs to have me
removed from the library, after Ms. Eddy says I am causing a
disturbance. Ms. Eddy uses the term "as a courtesy to me" when
repeatedly demanding and requesting that I relinquish the seat.
Aug. 7, 2010: My MP3 player is stolen at the library. Officer Roden
makes it 'Lost Property'.
July 21, 2010: A bag containing police reports made by me are stolen at
the library.
June28, 2010:
My bag stolen at the Ala Wai.
Jun. 24 - Today, I go to the police station and inquire about these tworeports
(199784 152479). I find that there is no statement filed for either.
One is for the bag, which did not contain the two recorders and
two tapes when I claimed it. I also find Off. Lee left of one recorder
and the tapes from his report. Also, the report number now jibes with
the number in evidence, as it did not when I claimed the bag.
May, 2010 - I updated my registration to vote in the 2008 election
because I had left my last address, although living in the same area and
having the same polling place - McCully. I voted in the last national
election at McCully.
I went to the office in City Hall to update again, this past Wednesday,
for the special election coming up. I was told that I hadn't done any
action since 2006.
Apr. 2010 - I called an officer to report what I believe was a theft.
The officer told me that since I did not purchase the item and there
would be difficulty in obtaining fingerprints, he could not make it a
theft, but instead, MISC PUB.
When I went to the Police Commission, I was told any investigation would
be hampered by the inability to collect possible fingerprints.
July 16, 2009: My tax transcripts are stolen at the State Library.
These included a set that was sent to me unsealed. There are
discrepancies in my name, address, wages reported, and withholding.
Apr. 14, 2009 - The IRS tells me there is a 1099 in my name for 2007. I
never applied for social security, never received a check from social
security, or cashed a check from social security. The SSA tells me there
is no record of a 1099 in my name.
Mar. 19, 2009 - Emails I had in my AOL account have vanished. The
emails were between Ms. Mason and me when President Obama was Senator of
Illinois. Who would want them gone?
Seems anyone can come to the Hawaii State Library at any time and do
anything they want with, on, and at the public computers.
Aug. 18, 2008 - I go to the police station to get a copy of the report
made to Officer Porter. The statement is still not with the rest of the
paper work. My statement contained more detailed information about what
was inside, including my passport and birth certificate, and numerous
correspondences with government agencies.
Jul. 27, 2008 - I return to the police station to make another report
and statement, this time with Officer Porter.
Jul. 21, 2008 - I returned to the police station downtown to complete
the report with Ms. Aksionczyk, at 5:40 in the morning on Monday and was
told by the officer on duty at the receiving area that she would be in
at 6:00... I waited until 6:00 and inquired with a different officer,
and was told that she would not be at the receiving area until 10:30 -
2:30. I tried again during these hours, without success.
This has been 5 days now and no report has been generated and I cannot
get a number to reference concerning the case. I need to know how to get
the report filed and a number to reference with further correspondence.
Jul. 19, 2008 - I made a report to an officer by the name of Lisa
Aksionczyk, on Saturday of this month, about a stolen backpack I left on
the route E bus. Ms. Aksionczyk suggested at the time, that I inquire at
the lost and found department of The Bus. I thought this was a good
idea, so that a Good Samaritan would not have the unpleasant experience
of someone thinking they were a thief.
I went to the nearest stop I knew the bus would stop at on its return
trip. I saw the driver, recognized as the one I rode with and waited for
him to stop. I asked if it was turned in. I was told no by the driver. I
asked the driver's name. He told me Raymond.I asked where the bus
terminated and Raymond told me Waipahu. I subsequently found the bus
terminates in Ewa.
RAYMOND LIED.
The only time I could check with The Bus lost and found would be the
following Monday, it is not open on weekends. I did call The Bus, on
Saturday, with an emergency report because there was important ID in the
backpack.
I was told by the representative that no backpack was turned in. On
Monday I went to the transit center to inquire in person, and was
disappointed to be shown backpacks that were not mine...
Jan. 2008 - Unlike the DCCA of Hawaii, who I supplied documentation to,
the Department of Health and Human Services "Region 10", without
documentation, finds that Dr. Au did violate the privacy act by charging
me too much for copies of my records. But, Region 10 tells me they
cannot precede on the 6 other allegations
1. Along with saying I did not see as well with the new glasses, I said
that the prescription that I was given was weaker than the one I had the
previous 7, count them, seven years. Your office, nor the DCCA,
responded to this charge.
2. The reason I asked Dr. Au to change the prescription was because the
NEW one, I repeat, was weaker in one eye. This was the only alternative
Dr. Au gave me other than accepting the weaker prescription.
3. The "Vision Certificate" Dr. Au provides, had no license number where
it should have been and she did not sign it where it should have been
signed.
4. Dr. Au refused to give me photocopies of my records and did not give
me a reason, per her offices policy, when I asked for them in her
office.
5. Dr. Au charged me 2.00 dollars per page, totaling 20.00 dollars,
which I believe is exorbitant.
6. There are conflicting numbers on my records that I would like
explained. This, no one has addressed. And I doubt that my records were
reviewed by an impartial optometrist, as any reasonable person would
assume to be a part on what your office calls an investigation.
7. I was trespassed from Dr. Au's office for no other reason than asking
for copies of my files, and in her response to the DCCA she says I was
escorted out of her offices by mall security, which is a lie by an
optometrist that practices deceit.
Nov. 2007 - My complaint about Central Pacific Bank is not sent to the
FDIC regional offices in California. Instead it is sent to Kansas City.
Missouri. The response I get from FDIC says my concerns are contractual,
although I point out two misrepresentations by the bank's compliance
counsel, Judith A. Villarreal.
Ms. Villarreal says I did not contact Mr. Clint Arnoldus, Mr. Dennis K.
Isono. I have Certified Receipts and electronic verification from USPS
that says I did.
Coincidentally, there are officials at the Kansas City offices with the
name Villarreal: Jesse O. Villarreal Jr., Lisa M. Villarreal and Victor
Villarreal.
It is my opinion, that a person trained as a lawyer would verify facts
before submitting them in official documentation. Therefore, I can only
assume that Ms. Villarreal had a serious lapse in judgment, or she was
lied to by those she spoke with.
Mar. 2007 - My complaint to the Dept. Of Ed is refused on the grounds
that they do not fund any programs or activities at the Hawaii State
Public Library System, and therefore do not have jurisdiction.
If the situation is threatening enough to cause a change in levels
moment to moment, it stands to my reason, it would remain at a certain
level until there is a sufficient enough change or stabilization to
bring it to a lesser level. But that's just me.
Oct. 17, 2006 - I submit a complaint to the Police Commission relaying
concerns about the treatment I experienced at the security checkpoint at
HPD District 1 the previous day. An investigator tells me it is the
policeman’s job to "interpret the law".
Returning to the station to locate an article I left, I am told by
Officer Kahele, in the presence of one officer Hung, and another, that
it is mandatory that I produce ID, and that I remove everything from my
pockets, and take off my belt before passing through the metal detector.
I point out this information is not on the signs, and officer Kahele
says there will be no furthering of my purpose if I do not comply. After
complying, I am told by officer Kahele that I must sit down, or she will
not take my report. Previous to this occasion, when at the HPD
headquarters, I was never asked to remove everything from my pockets
and, or to remove my belt, or that I had to produce ID to enter. Officer
Lau, the sergeant for this post, tells me the same.
I am told by a detective that it is not mandatory to produce ID, "We
don't care who you are. Anyone has the right to come in here". Sergeant
Lau, who I am told is the officer in charge of the post, says depending
on the threat level, procedures may change day to day.
He says one may be required to remove everything from ones pockets etc.,
or be required to submit to different procedures. I inform him that on
the same day, when I was there previously, I was not required to do so.
He informs me that the security level may change from moment to moment.
Oct. 16, 2006 - I submit a complaint to HPD Internal Affairs relaying
concerns about not being asked to identify the driver of the vehicle
that hit me on the 8th of Sept., and the fact that the person who stood
as Chris Pa at the arraignment was not the driver of the car.
Oct. 6, 2006 - I go to the arraignment of A Mr. Chris Pa. I am surprised
to see that this Mr. Pa is not the driver I saw, while laying on the
hood of the car and peering through the windshield, and definitely not
the man I looked in the face and spoke to through an opened window.
This may be due to the fact that I was not asked to identify the person
located, arrested, or cited, on the night of the incident or at any
subsequent time, until I see him at the arraignment. I am directed by
the presiding judge to inform the prosecutor’s office, which I do.
Oct. 2, 2006 - I am told at traffic court there is no court date set,
but have found online there is one on Oct. 6, in room 4B, and I am not
included as the victim. I still get correspondence from the insurer's
agents telling me of medical coverage available, although I told the
driver, the responding officer, and previously the insurer's agent, I am
OK.
Sep. 21, 2006 - I go to City Hall to get a voters registration card and
am told it will cost .50 cents. I am surprised to get a "Certificate", ala
Lens Crafters, and ask isthis it? I am told yes by the clerk. Today, on
"The Bus" I see a man whosays he works at the polls, who tells me
there is still a little yellowcard that comes in the mail and is surprised to
see the "Certificate".
Sep. 8, 2006 - I am hit by a car bearing license plate JST 203, that was
stopped at a crosswalk. The driver is looking at me when he accelerates.
The driver doesn't wait for police to arrive. They find him at his home.
The police report reads Crime Code 550, which I am told means, a
collision with damage of more than 3000 dollars. I am told the
responding police officer decides if there will be an investigation.
This is More, Honolulu HOKUM.
This is the place where, those who would complain about wrongdoing are
persecuted, harassed, smeared and railroaded. Where the perpetrators are
bribed to keep quiet, or go along with the cover-up, promoted, and
transferred.
Sep. 7, 2006 - A security guard, Solomon Save a, badge number - 90187,
at the Hawaii State Library, calls me a "ni - - er" twice" in the
library foyer, in a loud voice.
Aug. 10, 2006 - I have been told by Sen. Barack Obama's office, where I
sent this same correspondence, that someone from Sen. Akaka's office
would contact me, because Sen. Obama's office forwarded the
correspondence to them. I have yet to hear from Sen. Akaka's office. Is
there some assistance your office can give me?
Jul. 2006 - I have written to the Clint Arnoldus Denis Isono and Susan
Tachino asking them to explain, and have received no response.
Letter Sent To Senator Obama
From: yinsay@aol.com
To: Obama_Casework@obama.senate.gov
Sent: Wed, Jun 6 4:46 PM
Subject: Ms. Mason
Thank you for the assistance you have given. Please, do not contact
Senator Akaka’s office again, on my behalf. Unless there is some
necessary secrecy to an investigation he is doing, all I have received
from his offices is a letter in response to my inquiring about funds for
the Hawaii State Library. My concerns extend much further than this.
Hopefully, the light being shed on activities in the Justice Department
will lend itself to some justice for me. Otherwise, it will be nothing
but justice delayed and denied.
...
Jul. 23, 2006 - An Optometrist, Kim Agena at a Lens Crafters gives me a
prescription that is weaker than the one I had for the previous 7 years.
Doctor Au, a co-owner corrects this, but when I ask for photocopies of
my records the doctor refuses and gives me a hand written “Vision
Certificate" instead, that is not signed and does not contain a license
number where applicable. I have made a formal request in writing. They
have told me it will be at a cost of 20 dollars for 10 pages, which
seems exorbitant and requested that I not seek services at any
Optometrists in Lens Crafters.
The doctor, Au, is the co - owner along with Dr. Lau, of all the
Optometrist offices in Lens Crafters, in Honolulu. In other words, I
cannot get an eye exam at Lens Crafters. Is it considered rude or
threatening, to ask for one's records?
The advice I get here is nothing but a pack of lies.
The local ACLU has written me 3 differing and separate excuses why they
cannot or will not get involved, but never the conflict I found below.
Apr. 2006 - I have had two librarians and a circulation clerk tell me
there is no report possible for stolen books. They must be lost. This
would have caused fees to be incurred by me. I had to take the police
report to the State Librarian's Office to settle the matter and have the
fines removed from my account. This all could have been done at the
State Library.
Jan. 2006 - I have had two bank accounts affected. One because a deposit
I made to cover my use of overdraft protection was not credited; they
rescinded the "overdraft" and CLOSED my account.
The bank says it had to be held in the account for a day, to be
credited. Nowhere in the terms and conditions is this stated. The
depletion of the other account, I have been given no reason for.
Recently, I have made another complaint, in addition to the previous
five, to the USPS - OIG, about mail I am to receive or have sent. I sent
a certified letter to Richard E. Fairfax, Directorate of Enforcement
Programs - OSHA, in Washington D.C., on the 2nd of December.
The certification number is 7005 2570 0000 6898 2586. I look at the
track and confirm feature at USPS.COM and there is no record of it
having been delivered yet.
My case was dismissed May 24, 2006. How often does this occur? A case is
dismissed with two days difference between the dismissal date and the
termination date, (May 26, 2004) of the individual filing suit. I will
never understand how the three judges that made decisions in this case
could not see that it is too complex for anyone who would consider
themselves a pro se litigant, which I do not.
This has been an uphill battle against an opponent whose underwriters
include a Fortune 500 company, FNF.
Emails sent to lawyers:
john.goemans@gmail.com wrote :
Dear Vernon---- Your letter is alarming. I have over time,recieved calls
from persons very distressed by the Hawaii you know.In fact I've been
out of Hawaii for many months one reason being the hostile and
dysfunctional nature of things.I've even been jailed on a charge it took
the Judge when I finally got before one 2 minutes to throw out.That all
being said have no ability to be of help to you other than to give you
encouragement from this
distance.
Sincerely John Goemans
-----Original Message-----
From: Eric Grant grant@eric-grant.com
To: yinsay@aol.com
Sent: Fri, 11 Nov 2005 01:06:41 -0500
Subject: RE: Still attempting to contact Mr. Goemans
Mr. Balmer, Mr. Goemans' address is john.goemans@gmail.com
Cordially,
EricGrant
Attorney at Law
8001 Folsom Boulevard, Suite 100
Sacramento, California 95826
Telephone: (916) 388-0833
Facsimile: (916) 691-3261
http://www.eric-grant.com/
From: yinsay@aol.com [mailto: yinsay@aol.com]
Sent: Wednesday, November 09, 2005 7:47 PM
To: grant@eric-grant.com
Subject: Still attempting to contact Mr. Goemans. If he has one, and you
know Mr. Goeman's e-mail address kindly forward this to it, please.
My Information:
I have resided here in Honolulu, Hawaii for almost 4 years now. I had
intended to stay here when I made the decision to come, and was happy to
have found employment relatively soon. I found a job working with a
temporary agency for 4 months. I was hired by the client as a regular
employee, Sept... 2002. On my first day of regular hire, I was shocked
to hear, "you know why they hired him, don't you", from one of my
co-workers. But, needing to work for a living and being in a strange
place, I thought it best to ignore this, after all, I was hired.
At the beginning of my time with the client, Title Guaranty, I was told
by the onsite supervisor, that if I was to take a particular bus and
call her first, "there would be more work". The day after this I handed
her my time card, ready to seek another assignment, when she acted as
though she didn't know why I would be doing this.
When I explained, she countered with some nebulous words and said I
could work as long as the company needed me.
Subsequently, the same supervisor would tell me that I had to give her a
key or the combination to the lock on my locker, "in case of an
emergency". I thought this to be a strange request, as I could not
imagine an emergency in my locker that would require her or anyone else
to open it without me. I didn't respond to her request, and not hearing
anything further, I gathered that it was not company policy at all.
Having a co-worker refer to me as "boy" and another ask me 3 times -
after giving an answer twice - "why do black people use the N word?",
did not make me feel very gregarious among them. I was also told by a
co-worker, "all Hawaii is a gang brah", and by another, "it's all
connected", the supervisor speaking about a former supervisor said, "we
made him quit because he thought he was smarter than us, cause he was
from the east coast".
We were housed in a basement of what is now a former Costco building,
with an air-conditioner as the only ventilation.
When I noticed mold growing in a hole, in the wall beneath the
air-conditioner, adjacent to the room where I sometimes, but mostly my
co-workers would eat lunch, I asked them about it and was told that
management was made aware of it and did nothing. I decided to inform
management myself, considering the untruths I had previously heard from
some. I was thanked by the assistant to the woman in accounting who
handled the repairs for the building.
I did not think it was a major undertaking by a very successful company
to fix this problem, and was surprised at the length of time it was
taking to address the situation, so I informed OSHA, Aug. 2003. This is
when things started to go further south.
The day after going to the OSHA offices, the next day at
work, my supervisor stated to a co-worker, "Vernon went to OSHA." This
information was not given to her or any co-worker, by me.
When I went to OSHA, the employee did not give me any type of reference
number, or write one in the space provided on the complaint form, nor
did she inform me at that time that mold is not OSHA'S jurisdiction,
which is what I was told when I went to check on the status of the
complaint. Neither, did the employee inform me of laws governing
discrimination.
I was also told - it not being OSHA'S jurisdiction - the complaint was
referred to the Department of Health. It was like pulling teeth to get
an answer as to what office at the DOH it was referred to. Needless to
say I could not inquire about the possible disposition of the complaint,
not knowing where to inquire.
I made a complaint to the EEOC, Jan. 2004, and the Hawaii Civil Rights
Commission, Apr 2004, both of which were dismissed without any
investigation. Each agency sat back and waited for the submission of the
company's response, giving them numerous extensions. Incidentally, I was
contacted by the director of the EEOC, asking me if I wanted to proceed,
after I was shown a copy of the company's response, which I don't
believe is proper.
I now see in the EEOC's and the HCRC's own publications, matters such as
mine that were investigated and even adjudicated. During the HCRC's lack
of investigation, I only heard from them at the intake and when I
received their letter of dismissal.
I now find the investigator did business with my former employer. I
furnished the EEOC and the HCRC with names of co-workers who said they
would speak for me. They were not interviewed. I was informed by an
investigator at the EEOC that no one visited the site.
There was a similar situation here with UPS, where an employee was fired
for doing less egregious acts than his co-workers, which I believe is
the case here. I saw co-workers break company equipment, cuss freely,
ask for sexual favors, and bring children and friends to the work site.
Throughout this experience I have been told by these agencies' staff and
lawyers, literally or in effect, "there is no smoking gun here". This is
only due to there being no investigation. In the least, there is a
pattern that should compel any thinking person to ask questions.
Subsequent to this, my work was sabotaged on more than one occasion, and
reports to management only resulted in them twisting the situation in
attempts to placate me and set me up for these spurious accusations by
my co-workers.
Each complaint of mine was a matter of my erroneous "interpretation", as
stated by management (Myron Koizumi), while my co-workers complaints
were valid descriptions of my "misconduct".
As a result of the accusations, I was suspended, without pay, pending an
investigation for, I kid you not, a co-worker accusing me of harassing
her by clapping my hands and signing "Pink Cadillac", and another
saying, I was teasing her when I asked her to say my name and that of
the manager, to see if I could distinguish the two.
I was terminated in May 2004, two weeks after the dismissal of the EEOC
complaint that was not investigated, and a day after informing
management that I overheard a co-worker saying to the one that accused
me of harassing her by singing, "we're going to show him the power of
pu- - y.
I was denied unemployment insurance, June 2004, with a fact-finding
interview done over the telephone that was not reviewed or signed by me,
as it should have been before it was made part of the official record
and used at my future appeal.
The subsequent appeal Aug. 2004 was biased, prejudiced, and contained
perjured statements by the witnesses for my former employer. I am now
told that the recording of the hearing does not exist because it was
transcribed.
I have initiated a suit in federal court, Jan.. 2005 that I cannot
pursue, due to the lack of time and funds necessary for an undertaking
such as this, and the skill I do not have in these matters.
I have all but given up searching for representation, believing word has
gotten to many legal ears on the island and no one wants to go against
the state that has all but coddled and cuddled business here.
I have contacted the ACLU, and given them much information, but they
seem more interested in writing briefs for exotic entertainers, arrested
for doing lap dances. First they tell me they cannot help unless the
matter involves a government agency, then they tell me they can if a
decision is against me, then they tell me they do not have the manpower
and time. Each of the criteria, I met at the time I contacted them.
I find a lawyer, Roger Fonseca, at the firm representing
my former employer, is the national representative for the Hawaii
chapter of the ACLU. And their staff also has names that are the same as
those associated with Hawaii real estate. They cannot help, but they can
accept my information.
I have tried to interest many, many lawyers and firms by email, letters
and personal visits, to no avail. I have had a lawyer in San Francisco
who participated in a well-known case here try to find someone without
success.
This situation has been surrounded by complicity, cronyism, and bias.
I have written to the DOJ, only to have my information shuffled from one
agency to another, including the Department of the Interior, of all
places, and finally coming full circle to the Hawaii Department of
Labor. I do not think this was coincidence. At the HCRC, there is a
commission chair, I have found, married to one my former employer's -
one Coral Wong Pietsch.
Mrs. Pietsch is a general in the U.S. Army Reserve, and an attorney, a
very powerful position with ties to D.C., I'm sure. It has long been my
suspicion that this may have played a role in the lack of effort on the
part of officials that has attended this matter. Each party's history I
research has some relation to another, be it professional, academic, and
even familial.
I now look at web sites for all the organizations I sought help at - the
Governor and Lieutenant Governor, all representative's and senator's
offices, Legal Aid Society, Hawaii Dept. of Labor and the DOL -
national, EEOC - Hawaii, district, and national offices, NAACP Hawaii, ,
ACLU of Hawaii, Hawaii - Department of Health, HIOSH and OSHA
( regional and national ), the Hawaii Office of Information Practices, the
ombudsman's office and Volunteer Legal Services of Hawaii.
Concerning Volunteer Legal Services of Hawaii, I have recently
discovered that one of two lawyers they referred is an attorney at the
law firm representing my former employer, and the other is a realtor in
Honolulu, and also licensed to practice in California. And another is
the member of a firm with old ties to the Pietsch family. Who were these
lawyers going to "help"?
At the Hawaii Civil Rights Commission, and Hawaii Ethics Commission, I
find the persons responding to my letter, did business with my former
employers and my letter explaining the situation and their reply
stating they could do nothing, are the only correspondence I had during
their "investigations" or dismissals.
I have sought assistance at the Hawaii State Bar Association, where the
lawyers who are members of the Real Property and Financial Services
Section, are also affiliated with these other organizations, or directly
associated with my former employer, or the firm that represents them -
Torkildson, Katz, Fonseca, Heatherington, and Moore.
The Real Property and Financial Services Section includes a lawyer I was
assisted by, one Andre Wooten, who at the time told me nothing of his
involvement with this organization.
He was suggested to me by church members and NAACP officer, Alfonso
Braggs. I pull up the staff or the particular board of directors of
these organizations and there are last names that are the same and have
some relationship, mostly with real estate, and more than a few with
ties to California.
Two names in particular are quite suspicious. Kouchi is at Volunteer
Legal Services. It was also the last name of the HR assistant at Title
Guaranty. Pang, is the name of a front desk worker at the YMCA, whom I
complained about signing for my mail. It is also that of an Appeals
Officer at Department of Labor - Security Appeals Referees Office.
Hirayama is the name of the appeal's referee and also that of the owner
of the restaurant at the YMCA.
I mention the YMCA because in 2002, I had complained about what I
believed to be prostitution, facilitated by staff there. And when I
informed the supervisor at Title Guaranty, her response was to leave
well enough alone, after I informed her that I had, in my opinion,
angered some people there.
My subsequent report to the police department was investigated by the
police calling the YMCA and asking them if my suspicions were true. I
think you can see what position this left me in. In my lay opinion, this
was a sloppy and dangerous way to initiate and conclude an
investigation.
There are too many relationships here to be mere coincidence, and are
questionable, at least.
My information was passed by one Elaine Chao - Department Of Labor, in
D.C. to Tin Shing Chao Department of Labor here in Hawaii, who used an
erroneous date to nullify my complaint. This was after a layover in
California with Ms. Alison Pauly at the regional offices, whose CASPA
investigation stated that I should have made this a written complaint,
when Hawaii law states it does not matter, whether written or verbal.
Could she be related to the Paulys who have donated to the University of
Hawaii, and have owned land here?
The complex in Hawaii that houses the Department of Labor is also where
the HIOSH offices and the Hawaii Civil Rights Commission offices are
located. This name, Pang, pops up in various places dealing with state
government and real estate. I now know these agencies to be straw dogs
that do everything but contend with the status quo.
For the most part, the agencies that pretend to help, most notably the
NAACP and ACLU, only collect information and then say they can do
nothing; I wonder what happens to the information in a state that treats
confidential information as a commodity. Incidentally my former
employer's representation is one of the largest contributors to Legal
Aid Society.
I have applied for many positions since my termination, and have only
worked sporadically in spite of my efforts. I have registered with many
staffing agencies - Olympia, Hawaii Staffing, Snelling, and Hawaii Temp,
CTA Staffing which is now Bishop & Company, Manpower, Kelly, and POI. I
have not worked a complete week and have not been contacted at all by
some. I registered at Altres in 2004, and was not called in a year’s
time before I returned. There, I was terminated for, “not being
proactive".
There is no confidentiality law here, and I believe this also has worked
against me. It - confidentiality - has been frequently cited by my
former employer's agents and state officials, only to protect their self
and facilitate their deceptive practices.
I mostly use the public library to use the Internet, i.e. write letters
and do research. Needless to say, this is not the most secure
environment to do this type of activity. And I have had problems at this
library with the computers and the staff.
At the library, I have seen the text change when I am typing, without
commands initiated by me. The printer is connected to the computer at
the librarians' desk. On one occasion, I was told by a security guard
that a librarian had complained about me harassing her because I asked
for her name to report her behavior.
After contacting the librarian's office, there is no record or
remembrance of this aspect of the report. This tactic of "bait and
switch" has been used on more than one occasion, by different entities.
After not being online for 3 days I saw where someone had requested an
Army Knowledge Online account in my name, or I should say my screen
name. I saw an attorney - John L. Knorek - from the firm representing my
former employer enter the philosophy department and ask for a librarian,
Kathy, by name.
Yee is the name of the head librarian at the State Library and the name
of a former employee of the United States Attorney's Office and HCRC,
did training for the Department of Justice, and worked for the
Massachusetts Attorney General. I sent most of this same information to
Sen. Ted Kennedy's offices in Massachusetts and was told during a
telephone conversation with the office that, being on the Judiciary
Committee, Sen. Kennedy could not get involved in judicial matters.
Since this is the only avenue I have been given, I have asked the
district offices of the DOL to investigate by CASPA, Sept. 2005, and
have asked for an investigation for discrimination due to the whistle
blower aspect of the matter.
I believe this will be my only chance at a modicum of justice. But I
will always believe that more realistically this situation can be
defined by, 18 USC 241, 242 and 245.
Hawaii, I now entertain, is a state where the dollar is God, and workers
are only by a necessary evil to facilitate that gain.
The Director of Labor and Industrial Relations, Nelson Befitel, has
unashamedly professed his desire, and that of the state to relieve the
department of any obligation to penalize businesses for infractions and,
I can see where the natural sequence would be to alleviate any scrutiny
that would expose abuse of power by the states employees.
It is no wonder; I have experienced what I have. All too often, in the
news here, the term "outsider" is given to any entity that would look at
what is practiced here. But there is a GOD that sees all and will affect
justice for the oppressed.
Letter sent to Mr. Fairfax
November 7, 2005
Richard E. Fairfax, Director
Directorate of Enforcement Programs (DEP)
U.S.. Department of Labor
200 Constitution Avenue N.W.
Washington, D.C. 20210
Dear Sir,
For the past two years at every step in this long railroad, from my
initial complaint filed at the EEOC, and subsequent to that, the HCRC;
the United States Commission on Civil Rights; the Department of Justice;
and finally through no effort of my own, having it wind up at the
Regional OSHA offices in San Francisco, I have steadily maintained that
I submitted a written complaint at the state HIOSH offices, here in
Honolulu.
I was told that much of what I sent to the DOJ had been sent to the San
Francisco OSHA offices. Evidently this written HIOSH complaint was not
among the papers.
Imagine my surprise when I got this letter from Mr. Traenkner, informing
me that I should not have made this a verbal complaint. I retrieved the
copy of the written complaint, made for me while at the HIOSH offices,
just to convince myself that those in power are the ones mistaken, and
now I believe with my whole being, they are in actuality, deceitful and
dishonest, practiced at covering up embarrassing incidents, and
downright criminal.
I am making a request to you for a review by your national offices,
where hopefully someone unbiased, with integrity, will do the right
thing. There was a Ms. Hirai in San Francisco that said she could see
the discrimination in this matter. Too bad it was not she that conducted
the investigation.
I only hope it is coincidence that there is a Hirai here in Honolulu
that is a lawyer and involved in the real estate business, and a lawyer
formerly in the firm representing my former employer.
Throughout this situation there have been relationships, I have noticed
in my opposition, which include professional, academic and familial. It
has long been my suspicion that those ensconced in the cronyism here in
Hawaii have at each step facilitated the lack of effort in this matter.
I am now sure of what I have long suspected. This cover-up goes much
further than what happens here in Hawaii.
Sincerely,
Vernon Balmer Jr.
Honolulu, Hawaii
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