NYC Law Department memo on WTC document preservation, 2002

NYC 9/11 Public Portal Document Jenkins v. U.S. Environmental Protection Agency, 88-SWD-2 (ALJ July 10,1998) Page 33 of 34

Zin a later case brought by the complainant. Judge Glenn Lawrence issued a Recommended Decision and Order ordering, inter alia, that complainant be re-instated to her previous position, that respondent pay all fees and costs, and that complainant be awarded $10,000 in exemplary damages (see Jenkin., v. United States Environmental Protection Agency, 92-CAA-6 (ALJ, Dec. 14,1992)). This decision was adopted by the Secretary of Labor on May 18,1994 (see 92-CAA-6 (Sec'y, May 18,1994)).

No request was made by either the complainant or respondent to treat Judge Lawrence's decision as having a collateral estoppel effect on the instant case. Si^e, e.g. ALJX 2 at 5-6. Further, regardless of whether collateral estoppel could have had an effect on this case had either party nised it, I find that the issues contested and relief requested in 92-CAA-6 are sufficiently different such that collateral estoppel would not apply.

^Despite the extensions of time ultimately granted to the parties to file their briefs, it is obvious that respondent's brief was hastily written, and calling it a haif-hearted effort would be giving it too much credit.

^Citations to the record of this proceeding will be abbreviated as follows: ALJX -- Administrative Law Judge's Exhibit, CX — Complainant's Exhibit; RX — Respondent's Exhibit; TR— Hearing Transcript.

^Although complainant intimates that she was excluded from these meetings for nefarious purposes, there is no evidence in the record indicating either that the meetings were deliberately scheduled when she was unable to attend them or that it would have been normal agency practice for her to have attended these meetings.

-On January 7,1988, while under her IDP, complainant filed an EEO complaint for sexual harassment against Scarberry for an innocuous comment about her smile 'Ifiis complaint was ultimately dismissed because it was not timely filed.

Z"Penta" is an abbreviation for Pentachlorophenol, "an organic chemical produced by reacting chlorine gas with phenol, used primarily in the U.S. for wood treatment." (CX 196 at vii)

-Complainant appears surprised that her relationship with her then-supervisor, Matthew Straus, began to deteriorate in October 1986 after she wrote a memo which was critical of Straus. See TR 767. Likewise, complainant seems not to have drawn a connection between her bizarre behavior at work, such as searching through colleagues' offices, brandishing a fake pistol and disclosing the existence of a confidential criminal investigation, and her estrangement from the EPA staff. See TR 790-92.

?Dioxin toxicity is a concern to Vietnam veterans because dioxin is a major component of Agent Orange, a defoliant used during the Vietnam War which is suspected of being the cause of health problems which have arisen in Vietnam veterans. See, e.g., CX 196.

i2We are not talking about a handful of personal copies that someone might make on his or her employer's copying machine for the sake of convenience. It is likely that complainant copied tens of thousands of pages of EPA documents.

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