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Federal employees are under the gun and should be very careful who knows where they work. The IRS Restructuring and Reform Act of 1998, Section 1203(b) set in motion 10 violations that require mandatory termination of an employee. All it takes is for someone to get angry with you and turn you in for one of them and you might very well lose your job, health care, retirement, basically your security for the rest of your life. Let me tell you my 1203(b)(10) story. In the last two years I have learned just about everything there is to know about Section 1203(b) violations and the penalty thereof. Yes, the "10 deadly sins" that will get a dedicated and loyal employee fired if an accusation of any of them is sustained by the proposing official (the team leader's manager) and the deciding official (the proposing official's manager). Basically this is done by agreeing to a report to TIGTA The Inspector General of Tax Administration by a taxpayer, or even a fellow employee if you get them angry at you and they want retaliation. They can take things out of context, TIGTA can hide exculpatory evidence, NP, and basically take away your way of life, your well-being and future as well as your family's, if like in my case, you are the only wage earner. This is my story about numero diez (10), threatening to audit a taxpayer for the purpose of extracting personal gain or benefit, of which I was accused, charged and convicted but did not, nor would not do. I believe there have been only two other cases where the charge was sustained by the Service, appealed through all processes allowed and resulted in the employee being terminated. One got her job back in arbitration but IRS appealed and the Federal Court of Appeals reversed the arbitrator's reversal. My case only went through a grievance procedure with the Union, and no further appeals have been scheduled as yet. Supposedly, arbitration was requested by NTEU on my behalf, but I have heard nothing on a date for that. ( Pienso que podría ser un caso de "ojos que no ven, corazón que no siente". Oh yea, I was even learning Spanish so I could help the people who didn't speak English, on the days that we had to spend time on the phones as Contact Reps, which, although IRS officials would not acknowledge, was not fair because the Contact Reps were GS-8s and most of us in Collections were GS-7s, and got no pay increase for time spent doing the Contact Reps job. ) I had my appeal to the Merit System Protection Board completed and ready to go when I contacted my Union rep the day before the deadline and was told it would be set for arbitration instead and it had already been taken care of. Now, unless it was a case of discrimination, the MSPB tells me it is way to late to appeal to them. Termination was October 2010. There are timelines to be met at every stage, usually 15 to 60 days depending on what stage of appeal it is in at the time. I will proceed to tell you what stupid conversation set this 17 month horror in action. A period so stressful it put me in the hospital having to undergo major surgery. Still, I came back and worked "under the gun" another 7 months. I was given the opportunity when they gave me the proposal to remove me in March 2010 to resign and state whatever reason I wanted. After hanging over my head at that time for almost a year, I was not going to lay down. I pretty much knew what my fate would be, since these 1203(b) cases are closely montitored by TIGTA and reported to Congress. So, I kept working until the guillotine blade fell. As I said, "Eyes that do not see, hearts that do not feel". At least any pain but their own.
Let me tell you how this destruction of my job started. My husband became totally disabled in 2002 and had gotten continually worse no matter what doctors did. Not being able to work and having his social security benefits denied until they almost ran out, he was also depressed most of the time, though he tried to hide it
from me.
Anyway, in December 2008 I brought home a little miniature pinscher/chihuahua puppy after someone at work mentioned she was giving some away. At this time I was working 6:00 AM to 2:30 PM leaving my disabled husband home alone. He had been so depressed for so long, feeling sick all the time and not being able to make a living, I thought a little companion might be just what he needed. We'd always had lots of pets but our dogs were all older and didn't do much either.
Well, this little girl, he named her Mika, was exactly what he needed. I finally saw a smile, even laughter from him and I saw the man he used to be, before he got so sick. Every night when I got home he would take me by the hand and say, "C 'mon, I want to show you what Mika learned today. She is so smart, I only had to show her one time!" And I would watch her do what he taught her and we would both laugh and talk and play with Mika til we fell asleep. She became the light of his life and I didn't have to worry so much about leaving him alone.
I had gone back to work shortly before his SSA finally came through because he needed some decent health care.
So, I really had no choice. We had been living on money from a refinance of our home and my mother's retirement, as she moved in with us after my dad passed away in 1999.
 
Tragedy! April 3, 2009
I woke up and my husband said that Mika felt hot and wasn't her usual happy morning waker upper. I reached over and felt her and immediately said she needed to get to the vet. Randy took her and the vet gave her some shots and medicine to take at home. She only got worse. The next morning, Saturday, at 10:00 AM, Randy took her back to the vet and they gave her about ten shots of water to hydrate her (he said she never cried once) the vet said she might have Parvo. Parvo! She had her puppy shots. (Turned out it was a hereditary thing called something like Chiklida. I don't know, never heard of it before.)
 
 
 
 
 
 
 
 
 
 
 
Whoa, reliving that was hard. Had to go take a long break.
I was informed that minpin/chihuahua mix dogs do have a heart and spirit as big as Mika's and were very lovable as she was and as hard as it would be to ever replace her, I was gonna give it a try. Mika was so loving that you couldn't help but love her back and if another was anywhere near as sweet natured, high spirited and extraordinarily smart, it would be a blessing.
I looked high and low and within a month I found a place that had 2 female litter mates (so they said) and one looked almost exactly like Mika, markings and the little look in her eyes.
OK, so I couldn't find one that was as beautiful as Mika. She was just about perfect. Still, I immediately filled out the ridiculously long, intrusive application for those two and one other a little older. I didn't really mind since I know some people who adopt pets are just not right or ready for them and they wind up homeless again. I explained that I would take both of the litter mates if they wanted them to be together and that I would drive down to Anaheim from Fresno and pick them up, as I am terribly averse to shipping animals because they are treated like freight and a lot die en route. The cost for the puppies was right at $450.00 each including future spaying which they require you do at their veterinarians. Now, I read on their website that because they are so short of volunteers they only responded to the email applications if the adoption was going to go through, so when I saw an email from Love 4 Canines I told Randy to pack up, we were going to L.A. And then, I read it. It stated, and I quote, "Hi Carolynn, Thanks so much for your interest in our dogs, however we only adopt to the local So Cal area. :-( We wish you the very best in your search!" L I sat stunned for a few minutes and then told Randy what the email said. He was like, "huh?" Well, I thought we were on our way. It was Saturday, perfect for a trip down south and back with a new little baby or two. I was a pretty ticked due to the fact that I was only expecting a reply if they approved the application, since it was stated on their website as their policy. If only she just hadn't replied. And why did she? Against her own policy she took the time, personally, to let me know that I could NOT buy one of her rescued pets for $450.00. And Randy, who had even gotten a little excited and smiled every time he looked at the pictures was just plain ANGRY. He said they might as well be killing Mika all over again. He was hurt, angry, frustrated and he also knew how hard I had worked at finding a puppy. That was all I did in the weeks since we lost Mika. Go to work, come home and search the internet, sleep sometimes, and do it again, every single day. I guess I was kinda obsessed. And yes, I, well we, replied. (and I will go into that in a little bit) A LITTLE BACKGROUND
When I left the IRS in 1990 I was a GS-7 step 5 permanent employee, and I went back as a GS-4 step 1 seasonal employee. I was hired in tax accounts doing important but repetitive, boring, mind numbingly boring work. I applied for everything I could find and I got picked up in Collections in a building I did not even know existed. It was in downtown Fresno and it was beautiful. A far cry from the Fresno Service Center on the outskirts of town and clear across town from me. It took me almost 25 minutes going to work at 5:30 AM, and almost 45 minutes trying to fight the getting off work traffic coming home.
It took me maybe 5 minutes to get to my new job at the Compliance building and I could come home for lunch to check on things everyday if needed.
This Section 1203(b) of the RRA of 1998 was instituted during the time I did not work for the IRS. There was a little blurb in the new hire Standards of Ethics pamphlet you get, but there is no way I knew that there were ten things, not even really bad things, that require mandatory termination and cannot be mitigated except by the IRS Commissioner. And it never even reaches him really, because there is a board of some kind that makes the decision if they think he should even consider mitigation. So, I guess that isn't really, "only can be mitigated by the Commissioner",, huh?
I had a job I really enjoyed for the first time in my life from January 2009 until May when I received a bunch of phone calls from that Love 4 Canines group. At work, at home, on my cell. Finally one said, Carolynn I have some good news for you and wish you would call. She gave me a time she would call me if I could be available too. I waited, she called and I knew after the first few minutes that she was either in TIGTA's office or they were at her home and she was being coached on every word she said. It was true! They were sitting right in her living room, and proudly told me that at our first hearing/meeting in September of 2009.
I talked to two managers about what had happened and worried from May until TIGTA notified my manager of the hearing I had to attend. I worried more from then until I received a Notice of Proposal to remove me from the Service in March 2010. Got that one in the mail the very day I got out of the hospital after major, (robotic no less), surgery due to what all the continual stress did to my digestive system. I was so tied up inside they had to remove three feet of my intestines. Even though my doctor wanted me to take six weeks off, I talked him into letting me go back after two. I used up all my sick leave by then and wasn't granted advanced leave, I am sure, due to my impending termination. I qualifed for the advanced sick leave in every way a perm employee can, and this was not even a pending disiplinary action at the time. My manager approved it but hers did not. This one that would not approve my leave was one of the deciders of the death sentence to my livelihood. Kinda how I felt!
The union requested an oral reply and that was finally set for June 2010. Everyone thought it went well and nobody thought I would be terminated for my silly email. I let everybody I knew read it and none thought it sounded like a threat to have someone audited. That is not even something that I could have done as I had no input into the IRS auditing decisions, as I had informed the lady from Love 4 Canines when she called me in the TIGTA "set up" phone call.
O.K. Now, the deadly sin that took away what I went to work every single day to achieve. (oh, except for that 2 weeks and a day that I was in the hospital getting my guts cut out. Did - I - mention - where - I - work? Those are the six words that took the rest of my life with any kind of security away from me and my family. Six little smart assed sounding words that were taken out of context, but nobody really saw anything else in the email I sent to my accuser. Just those six little words. Not even my words, but added in by my husband. This was a personal issue, not a taxpayer/IRS issue. It all took place from my home, not the workplace and those six stupid, smart assed words were only meant to qualify a prior statement. I'd said that the people who allow non-profits to be non-profit would probably be interested in the adoption policies of her organization. Just stating a fact. They probably would be interested. Nothing about me letting them know, let alone in any way initiating an audit. That thought must have come from her guilty conscience. Because it didn't come from me. It's not my fault if she has reason to believe or be afraid of an impending investigation into her business affairs. I had no intention of leading her to believe I was going to do anything but check with other animal rescue operations and see what their policies were compared to her idiotic ones that prevented the animals from getting homes which was what she was supposedly in business to do! (sorry for the super long sentence, I really do know better) This was an animal rescue/adoption situation, and yes, I did tell this person that I was going to contact some of my friends still active in Animal Rights and see what they thought about the way her operation was run. If you run an animal rescue group and are trying to find "forever" homes for the animals, it seems to me that you would want to adopt as many of them as possible and not put ridiculous restrictions, such as you live farther than 50 miles from where the animals were rescued. Obviously, there weren't enough homes for them there, or they would have been in them, not on the streets or in shelters where this group got them. To turn down over $900.00 for a couple of mutt puppies when you say that you are in dire need of cash donations, food, blankets and foster homes? More tomorrow, can't relive much more of this for now. I do have alot of it in the appeal that never was so maybe can cut and paste for awhile. You can take a break too. See the pictures below and read the worthless trivia and I promise to be back when you are done. |
IRS Fresno Compliance Services |
UPDATE March 13, 2014 my 63rd birthday
My poor husband had his foot cut off Dec. 23rd, 2013 and his leg amputated to below the knee Dec. 27th. He almost died of blood poisoning and spent 4 days in the ICU between the two surgeries and I brought him home Dec.31st. On February 16th he fell right on his stump and it broke open all the stitches. He went back to hospital for surgery to fix it and got out the next day. March 27th he got his prothetic leg and I cried as I saw him walk for the first time in 3 months. Today, March 31, 2014, I am feeling pretty lucky. I still have my husband and he still has his wonderful sense of humor after all he has gone through. We may not have much money but we have each other, I still have my Mom here with us and we are happy despite everything. I thank God for it all.
UPDATE!!
Randy died December 25, 2015. He'd had a endovascular surgical procedure on the 23rd. I picked him up at 5:30 PM, stopped for some food and came home. He ate in the car and then our son helped me get him in the house. He was in a lot of pain and I called the doctor for something for the pain. It didn't help. I got him into bed about midnight and stayed with him, except for getting food for him, until Christmas Day. At 3:30 PM I got up to check my email etc. and he asked me to get his foot out of the covers cause he was hot. I was no more than 20 or 30 feet from him for the next 20 minutes then went back to check on him. No response. I called out to him 3 times getting louder each time, until our son heard me and came running. I asked him to do something and went to call 911. If he hadn't have been there, I think I would still be sitting on the bed with my husband. I lost 10 pounds a week for the first 4 weeks and another 25 or 30 since then. Randy used to cook such good food and eating was something we enjoyed doing together. It is just not as interesting without him. I have never been so devastated, lonely or heartbroken in my life. I will never be the same..
My heartfelt challenge in life is to see more good than bad,
I will try my best to look only for the positive while living with the
negativity that comes with living on the earth we have at present.
more love than hate; more creativity than destruction,
more truth than lies; more kindness than cruelty, more
generosity than greed, and more hope than despair.
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