IN THE UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

Appellant's Reply to Appellee

On Appeal from the United States District Court

For the District of Montana

Billings Division

________________________________________________

Glenn D Ferren, Pro Se ) USCA Docket # 04-35870

P.O. Box 472 )

Superior, MT 59872 )Appellant's

) Reply to Appellee

Plaintiff, )

v. )

Gale A Norton, )

in her official capacity as )

Secretary and Head of the )

UNITED STATES DEPARTMENT OF )

THE INTERIOR and )

UNITED STATES BUREAU OF LAND MANAGEMENT)

Defendant. )

__________________________________________)

This case previously vacated and remanded (NO. 02-35341), for abuse of discretion,

"Because the deficiencies in Ferren's amended complaint may be curable with some

guidance from the court,…". The court has made no effort to either identify to the

Plaintiff any deficiencies in his complaint or to offer guidance to cure said deficiencies,

before the court has rendered decisions and orders granting summary judgement to the

Defendant.

The US Attorney bolsters Appellant's Appeal by alleging (Brief of Appellee) several

Rule Deficiencies, deficiencies that the court never addressed to Plaintiff for cure.

In effect, the US Attorney agrees that Plaintiff's complaint has been the subject of rulings

based upon procedure and not upon merit.

The US EEOC never held a hearing upon Plaintiff's EEOC complaint, in 1999 citing a (2)

year backlog of some (700) cases. The MSPB Administrative Judge Kasic would not

consider Defendant's Agent Singer's discrimination against Plaintiff or Defendant's acts

of reprisal against Plaintiff; detail(s), reassignment, and suspension of Plaintiff.

And the MSPB does not perform a PFR (petition for review) …unless new evidence is

submitted, in effect rubber-stamping the MSPB AJ Kasic's decision(s).

AJ Kasic failed to properly consider Plaintiff's complaint in full, deciding only to hear

Defendant's claim of Plaintiff's alleged misconduct, even prompting the Agency in it's

line of attack; Kasic indicating that he would support the "hacker" charges and directing

the Agency to drop its charges against Plaintiff's web site postings, as they represented

both Freedom of Speech and WhistleBlower defenses.

The MSPB AJ's analysis and findings were biased, inherently flawed, and without merit.

The Defendant's Agent Gavin Frost, Field Solicitor, identified to the Denver EEOC this

failure of the MSPB AJ Kasic to adjudicate Plaintiff's discrimination and reprisal claims.

Plaintiff has indicated his intent throughout his complaint to identify Defendant's

acts of discrimination, reprisal, hostile work environment, retaliation for WhistleBlowing

against Plaintiff by using Defendant's own documentation and (EEOC) testimony.

Plaintiff's efforts have been to protect sources of information on BLM corruption and

to protect former colleagues from the reprisals and retaliation Plaintiff has suffered.

The Defendant's own words and documents have given Plaintiff sufficient tools to expose

Defendant's acts against Plaintiff as acts of discrimination, reprisal, and harassment.

Plaintiff has been able to minimize the involvement of others, both former and current

Montana BLM employees, whom Plaintiff feels are even now not safe from reprisal.

Plaintiff's web site postings were the motivation behind Defendant's removal of Plaintiff.

Plaintiff has received encouraging feedback for his WhistleBlowing revelations,

from Congressional representatives to readers of the web site from across the world.

As a WhistleBlower Plaintiff has exposed Montana BLM management's illegal and

questionable acts since 1998, when Plaintiff began posting the drafts of the BLM

Eastern MT OHV Travel Management Guidelines Plan to Plaintiff's own Internet web

site and wrote letters to state newspapers calling for an increased public involvement in a

biased process favoring grazing leasees and oil and gas permittees over public

recreational users.

In 1999, Plaintiff exposed the abuse(s) of position and authority by Janet Singer, the

ethics violation of BLM Manager Tim Murphy, and the public display of lewd and

disorderly conduct of the BLM's Field Solicitor Gavin Frost.

Plaintiff's whistleblowing efforts have continued from 1998 until 2005,

revealing to the public and to Montana's Congressional representatives and to

US Congressional committees for government oversight these examples:

The disappearance of (3) million acres of public lands, since 2000, the amount of public

land claimed to be managed by the BLM changed from 264 million acres to 261 million

acres, without explanation.

A $12,000 funds diversion from the weeds management program. (1999)

Illegally installed commercial software programs, more programs installed than licensed. (1999)

The 1998 and 2000 BLM employee survey results and declining percentages re employee/mgr. relations. (1999/2000)

Circumvention of nepotism rules intent by implementation of "2-tier" re Butte FO. (1999)

Public lewdness, arrest for drunk and disorderly - Field Solicitor Gavin Frost. (1999)

Ethics violation by BLM mgr. Tim Murphy in awarding grazing lease to secretary - Linda Reder. (1999)

Prohibited personnel practices - Singer promises to advance Watts. (2000)

Conflict of interest, personal relationship between Singer and EEOC Investigator Deb Chivers. (2000)

Congressional questioning of Interior Secretary Babbitt by Montana Republican Congressman Burns re MT BLM employee survey/management problems. (2000)

Funds diversions from the BLM land exchange program, esp. 107th funding. (2000)

Improper personnel practice, attempt by Singer to promote personal friend. (2000)

Prohibited personnel practices - Pre-selection, promised positions and grade increases at MCFO,

M Bloom, K Bockness. (2000)

Funds diversion from Welfare-to-Work program at MCFO. (2000)

Funds diversion from Range Improvement fund. (2000)

Attempt by BLM SO PA (T Olson) to discredit former BLM Employees article in Range magazine.(2000)

Removal of MCFO administrative officer by Singer; reprisal, detail(s), harassment. (2000)

Revealed approved public use (family members) of MT Butte FO computer systems. (2000)

Mismanagement (safety) regard fire manager in MCFO and fire at Ft Howe. (2000)

Funds diversions from fire programs. (2000)

Improper relationship between Field Solicitor Frost and MSPB AJ Kasic. (2000)

Revelation that MT "2-tier" reorganization was a farce. (2000)

Revelation re selection of MCFO purchasing agent...not on top 3 qualified list. (2000)

Revelation of purchasing irregularity at MCFO - $1300 - now MCFO AO, Linda Reder. (2000)

Revelation of flawed EA re CBM drilling and MCFO, study altered to allow drilling. (2000)

Revelation of Fire fighter (testing) discrimination. (2001)

Report of Embezzlement by Watts. (2001)

Posting of discrimination acts by Singer against A. B., pulled at victim's request due to negotiation of a settlement. (2001)

Conflict of interest between selecting official Hotaling and Bockness. (2001)

Ethics violation, Conflict of interest, Use of gov't funds to promote book - L Hamilton, NIFC. (2001)

BLM SMT meetings and calendars - public information postings. (2001)

Revelation on T Christensen relationship with Singer. (2001)

Tracking current events and personnel news involving Interior/BLM/MT BLM. (2002 - 2005)

Reports/updates on my Court case against Interior/BLM. (2002 - 2005)

Reports on individual whistle blowers and whistle blower legislation. (2002 - 2005)

Report on Singers retirement, Friez's pre-selection for Singer's position. (2003)

Report on Koch's retirement, Greens pre-non-selection. (2003)

Report on directed reassignment of Bill Krech. (2003)

Reports on Tom Lonnie, Diane Friez. (2003)

Another age-discrimination class complaint brought against BLM. (2003)

Report on investigation of stolen gov't property - MT BLM. (2003 - 2004)

Revelation on BLM MT State Mgmt Team. (2004)

Boechler charged with theft - BLM MT State Office. (2004)

Information - public listing of MT BLM personnel, Table of Organization. (2004 - 2005)

Improper personnel practice: Report on Tom Lonnie &Diane Friez's personal relationship, and attempt by Lonnie to circumvent competition and appoint Friez to Singer's vacant position non-competitively via NTE position announcement(2004)

See More in 2005 at, http://gferren.150m.com and http://www.blackfoot.net/~gferren

One of Plaintiff's fellow employees at the Miles City BLM office made this statement;

"we don't understand why bad things happen to good people…", perhaps it is that

Plaintiff has been chosen to reveal and record the corrupt, the inept, and the unethical.

Defendant's arguments for her actions simply will not stand under precise review

and can not justify her actions taken in reprisal against Plaintiff for his stand against

her abuse of position and authority. Plaintiff was/is an outstanding Civil Servant.

A Civil Servant does not serve the public only at the whim and will of a petty tyrant.

The MSPB and the EEOC, Kasic and Steinberg, have failed to fulfill their duties, and

have encouraged the abuses suffered by the Plaintiff at the hands of the Defendant.

Plaintiff requests this court reverse the district court and grant judgement for the

Plaintiff. Every day that this injustice continues further causes harm and unnecessary

suffering to the Plaintiff and Plaintiff's family and adds to the thousands of taxpayer

dollars, public funds, already wasted and continuing to be wasted by the Defendant.

Glenn D. Ferren, ,Plaintiff, Pro Se

WHEREFORE, Plaintiff respectfully requests that the U.S. Court of Appeals for the Ninth Circuit enter a judgment for Plaintiff and award the following relief;

1. Defendant Gale Norton shall pay to Plaintiff back pay in the amount of $96,318.01(as of June, 2004), plus interest and additional back pay to be calculated as of the date of this award(based on salary rate at removal - $48,807yr);
2. Defendant Gale Norton shall reinstate Plaintiff in a non-hostile work environment at the current salary level of GS-l1 Step 10 and shall give Plaintiff retroactive credit (to March, 2000) for the lost years of service for purposes of calculating plaintiff's retirement benefits. Until Plaintiff is formally reinstated, the BLM shall pay to Plaintiff front pay (GS-l1 Step 10) beginning , and continuing through December, 2022;
3. Defendant Gale Norton shall pay to Plaintiff $300,000 in compensatory damages for emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses; award amount pursuant to the Civil Rights Act of 1991;
4. Defendant Gale Norton shall pay Plaintiff's reasonable attorney's fee to be determined by the Court as part of Plaintiff's costs of suit pursuant to 42 U.S.C. § 2000e-5(k)(Plaintiff incurred attorney costs during 1999);
5. An award of such other relief as the Court may deem just and proper from Defendant, and Judges Anderson and Shanstrom.

Plaintiff requests judgement for Plaintiff,

Dated this 1^st day of February, 2005

Respectfully submitted;________________,Glenn D Ferren,Plaintiff

Glenn D Ferren

P.O. Box 472

Superior, MT 59872

Telephone: (406)822-0795

Plaintiff, Pro Se

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

============================================================

GLENN D FERREN, ) CV 01-104-BLG-RWA

) USCA Docket # 04-35870

Plaintiff, )

)

Vs. ) Appellant's

Gale A Norton, Secretary of the ) Reply to Appellee

United States Department of Interior, )

United States Bureau of Land Management )

Defendant. )

=========================================================

I HEREBY CERTIFY that a true and correct copy of the Appellant's Reply

to Appellee, was served upon the Defendant or Defendants attorney by placing

the same in the U.S. mail, postage fully paid thereon, addressed as follows:

US Department of Justice, United States Attorney, District of Montana,

P.O. Box 3447, Great Falls, MT. 59403

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