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C.L.I.C.K. for Justice and Equality

C.L.I.C.K. for Justice and Equality is an agent of communication alerting our social community of injustices and inequalities among the socially disadvantaged and disenfranchised individual. To be a socially disenfranchised or disadvantaged individual or group you have to be negatively impacted by a social subversive or nefarious policy, procedure, and/or structure intended to suppress or depress an upward movement or change in status. Our social world is shaped by our personal experiences.

Illinois Department of Corrections & Sheridan Correctional Center: Illinois Attorney General's Motion for Summary Judgment

By Fred from South Holland, IL - Mar 12th, 2009 at 6:14 pm EDT

On February 19, 2009 the Illinois Attorney General's office filed a Motion for Summary Judgment regarding my claim for damages to my vehicle while parked in the parking lot at Sheridan Correctional Center. This is my response to their Summary Judgment request.

IN THE COURT OF CLAIMS – STATE OF ILLINOIS

FRED NANCE JR., )

)

Claimant, )

)

vs. ) No. 07 CC 3511

)

STATE OF ILLINOIS )

)

Respondent. )

NOTICE OF FILING

TO: Lynn Palmgren Commissioner David Neal

Assistant Attorney General 3180 Theodore Street, Suite 105

General Law Bureau Joliet, Illinois 60435

100 W. Randolph St., 13th Floor

Chicago, Illinois 60601

Please take notice that on March 3, 2009, I caused to be filed with the Clerk of the Court of Claims at 100 West Randolph Street, 10th Floor, Chicago, Illinois 60601, the attached Claimant’s Answer to the Respondent’s Motion for Summary Judgment.

CERTIFICATE OF SERVICE I, Fred L. Nance Jr., certify that I caused the above notice and claimant’s answer to the respondent’s motion for summary judgment to be served upon Commissioner David Neal, by U.S. mail, postage paid, to address listed above and Assistant Attorney General Lynn Palmgren by hand-delivering a copy to the address listed above on March 3, 2009. Respectfully submitted, Fred L. Nance Jr., ABD, MA, CADC IN THE COURT OF CLAIMS – STATE OF ILLINOIS

FRED NANCE JR., )

)

Claimant, )

)

vs. ) No. 07 CC 3511

)

STATE OF ILLINOIS )

)

Respondent. )

CLAIMANT’S MOTION FOR SUMMARY JUDGMENT AND ANSWER TO RESPONDENT’S MOTION FOR SUMMARY NOW COMES the Pro Se claimant, Fred Nance Jr., moving this Honorable Court to enter Summary Judgment in favor of Claimant pursuant to 735 ILCS 5/2-1005(a)(d), allowing Claimant to amend his pleading pursuant to 735 ILCS 5/2-1005(g), and deny Respondent’s summary judgment Instanter. In support of the Claimant’s request for Summary Judgment, amendment to petition and answer to Respondent’s Summary Judgment, Claimant states as follows:BACKGROUND

On or about April 4, 2007 or April 5, 2007 Claimant’s 2006 Nissan Sentra (vehicle) was damaged on the passenger-front side by a hit-and-run vehicle while parked in the parking lot of Sheridan Correctional Center (Sheridan).
Claimant was employed by WestCare Foundation, Inc. (WestCare) at Sheridan.
On April 4, 2007 Claimant worked at Sheridan from 12:00 pm to 8:00 pm.
On April 5, 2007 Claimant worked at Sheridan from 7:30 am to 3:30 pm.
On April 4, 2007 and April 5, 2007 Claimant parked his vehicle in the parking lot at Sheridan, diagonally, facing another vehicle.
On April 4, 2007 Claimant left Sheridan at 8:00 pm and went straight home, parking in his garage.
Claimant did not see the front of his vehicle because he approached the vehicle from the rear, entering his vehicle and it was dark outside.
Claimant has a 2-car garage.
Claimant’s garage is attached to his home.
Claimant’s wife vehicle was parked in the garage upon the Claimant’s arrival at home.
On April 4, 2007 Claimant never saw damage to his vehicle because he pulled his vehicle into his garage front-end first, got out of his vehicle and went around his wife’s vehicle to enter the house.
On the morning of April 5, 2007 Claimant walked around his wife’s vehicle to enter his vehicle.
Claimant backed out of his garage, and drove to Sheridan.
Claimant reported for work at Sheridan at approximately 7:30 am.
Claimant pulled into a diagonal parking space, front-end first, facing another vehicle.
On April 5, 2007 Claimant left work at approximately 3:30 pm, approaching his vehicle from the rear, entering it and drove to his next employment.
On April 5, 2007 Claimant went to his 2nd job where he parked his vehicle in front of his place of employment for his 2nd job.
The Claimant exited his vehicle meeting his client at the entrance door of his 2nd place of employment.
The Claimant’s client asked him what happened to his vehicle.
The Claimant realized at that time that his vehicle had been damaged in the parking lot at Sheridan.
Claimant cannot reveal the identity of this client because of confidentiality, unless ordered by this Honorable Court.
Claimant can produce an Affidavit from the client upon order from this Honorable Court.
Claimant filed an Illinois Motorist Report (report #04-04-1200) with the Sheridan Police Department. (Claimant’s Exhibit C)
On April 6, 2007 Claimant completed and submitted an Illinois Department of Corrections’ (IDOC) 434 incident report to Sheridan’s Internal Affairs department, reporting damage to his vehicle, which happened on Illinois State property at Sheridan. (See Respondent’s Exhibit A)
Claimant gave Lieutenant Charles Truitt, Internal Affairs Coordinator at Sheridan, a picture of the damage to his vehicle to assist in his investigation. (Claimant’s Exhibit A)
Claimant talked to Lt. Truitt who informed the claimant that he could not definitively determine how his vehicle was damaged because the security cameras for Sheridan’s parking lot could not pick up the accident.
Claimant informed Lt. Truitt that his vehicle was not the only vehicle that was damaged in the last 30 to 60 days in the Sheridan parking lot.
Claimant informed Lt. Truitt that his colleague, Ms. Kyra Peters, reported serious damage to her vehicle by a hit-and-run driver at Sheridan while parked on State property.
Lt. Truitt acknowledged to the Claimant that he received a 434 incident report from Kyra Peters stating her vehicle had been hit by a car while it was parked in the parking lot at Sheridan.
Lt. Truitt informed the claimant that the parking lot cameras could not pick up who hit Kyra’s vehicle.
Lt. Truitt did nothing to correct the security camera problem.
Claimant wrote a letter to Illinois Department of Corrections Director Roger E. Walker explaining the accidents to his vehicle and the vehicle of Ms. Kyra Peters while parked in the Sheridan parking lot. (Exhibit B)
Mr. Walker never replied to the Claimant’s letter.
Kyra Peter’s vehicle was damaged in the parking lot of Sheridan by a hit-and-run driver before the Claimant’s vehicle was damaged in the parking lot of Sheridan.
Kyra Peters reported this accident/incident to Lt. Truitt at Sheridan through a 434 report.
Lt. Truitt, Warden Michael Rothwell nor Roger Walker did anything about the security cameras at Sheridan after learning they could not see Kyra Peters’ vehicle being damaged.

STANDARD OF REVIEW

Proximate cause requires the plaintiff to show that the defendant's negligence was (1) the actual cause or the cause in fact of his injury, i.e., but for the defendant's conduct, the accident would not have occurred; and (2) the legal cause of his injury, i.e., the defendant's conduct was so closely tied to the plaintiff's injury that he should be held legally responsible for it." McCraw v. Cegielski, 287 Ill. App. 3d 871, 873 (1996). Proximate cause "must be established to a reasonable certainty," and may not be "based upon mere speculation, guess, surmise or conjecture." Castro v. Brown's Chicken & Pasta, Inc., 314 Ill. App. 3d 542, 553 (2000). However, reasonable inferences supported by circumstantial evidence may support a finding of proximate cause. McCraw, 287 Ill. App. 3d at 873.
In deciding a motion for summary judgment the court considers the pleadings to determine what the issues are and in so doing it presupposes that the pleadings join the issue. Olivieri v. Coronet Insurance Co., 173 Ill. App. 3d 867, 870, 528 N.E.2d 986 (1987); Metropolitan Sanitary District of Greater Chicago v. Anthony Pontarelli & Sons, Inc., 7 Ill. App. 3d 829, 839, 288 N.E.2d 905 (1972).
A summary judgment is an appropriate remedy only if the pleadings, depositions, and admissions on file, together with any affidavits, show that there is no genuine issue of material fact and that the movant is entitled to a judgment as a matter of law. Purtill v. Hess, 111 Ill. 2d 229, 240 (1986); 735 ILCS 5/2-1005 (West 2006).
Summary judgment is a drastic measure and should only be granted if the

movant's right to judgment is clear and free from doubt." Genender v. Erlich, 272 Ill. App. 3d 895, 899, 651N.E.2d 544 (1995).

Because a summary judgment is a drastic remedy that defeats the nonmovant's right to a trial, it should be granted only where the movant's right is "so clear as to be free from doubt." Community Bank of Greater Peoria v. Carter, 283 Ill. App. 3d at 508 (1996).
The purpose of summary judgment is not to try a question of fact but to determine if one exists. Gilbert v. Sycamore Municipal Hospital, 156 Ill. 2d 511, 517, 622 N.E.2d 788, 792 (1993).
A triable issue precluding summary judgment exists where the material facts are disputed or, where the material facts are undisputed, reasonable persons might draw different inferences from the undisputed facts. Gilbert, 156 Ill. 2d at 518, 622 N.E.2d at 792.
Summary judgment should only be allowed when the right of the moving party is clear and free from doubt. Gilbert, 156 Ill. 2d at 518, 622 N.E.2d at 792.
Summary judgment is proper if, and only if, the pleadings, depositions, affidavits and other relevant matters on file show that there is no genuine issue of material fact and that the movant is entitled to judgment as a matter of law. Prowell v. Loretto Hospital, 339 Ill. App. 3d 817, 822, 791 N.E.2d 1261, 1265 (2003).
In determining whether a genuine issue of material fact exists, a court must construe the pleadings, admissions and affidavits strictly against the movant and liberally in favor of the opponent. Prowell, 339 Ill. App. 3d at 822, 791 N.E.2d at 1265.
All evidence before a court considering a summary judgment motion must be considered in the light most favorable to the nonmoving party (In re Estate of Hoover, 155 Ill. 2d 402, 410-11 (1993)), and summary judgment should be denied not only if there are disputed facts, but also if reasonable people could draw different inferences from the undisputed facts (Wood v. National Liability & Fire Insurance Co., 324 Ill. App. 3d 583, 585 (2001)).
Summary judgment is proper where, when viewed in the light most favorable to the nonmoving party, "the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." 735 ILCS 5/2-1005(c) (West 2002); Home Insurance Co. v. Cincinnati Insurance Co., 213 Ill. 2d 307, 315, 821 N.E.2d 269 (2004).

STATEMENT OF DISPUTED FACTS

The movant bears the initial burden of production in a motion for summary judgment. Williams v. Covenant Medical Center, 316 Ill. App. 3d 682, 689 (2000). A defendant moving for summary judgment may meet its burden of production either by presenting evidence that, left unrebutted, would entitle it to judgment as a matter of law or by demonstrating that the plaintiff will be unable to prove an element of its cause of action. Williams, 316 Ill. App. 3d at 688. Until the defendant supplies facts that would demonstrate its entitlement to judgment as a matter of law, the plaintiff may rely on the pleadings to create questions of material fact. Williams, 316 Ill. App. 3d at 689. However, should a defendant present such facts, the burden then shifts to the plaintiff to present some evidence allowing the imposition of liability on the defendant and supporting each element of his cause of action, thereby defining a material issue of fact to be determined at trial. Williams, 316 Ill. App. 3d at 689; Wortel v. Somerset Industries, Inc., 331 Ill. App. 3d 895, 899-900 (2002); Garcia v. Nelson, 326 Ill. App. 3d 33, 38 (2001).
What is at dispute here is that the Illinois Department of Corrections (IDOC) and Sheridan Correctional Center (Sheridan) is responsible for 3rd party acts on Illinois State property.
Claimant has stated that his vehicle was damaged by another vehicle while parked in Sheridan’s parking lot.
Like other issues of duty, whether a defendant has voluntarily undertaken a duty to a plaintiff is a question of law for the court Lange v. Fisher Real Estate Development Corp., 358 Ill. App. 3d 962, 973 (2005). Therefore, with a showing from which the court could infer the existence of a duty, recovery by a plaintiff is possible as a matter of law and summary judgment in favor of the defendant is improper." Haupt v. Sharkey, 358 Ill. App. 3d 212, 216 (2005).
The Respondent’s basic argument is that they meet the burden of summary judgment by presenting evidence that is not rebutted or showing that the Claimant would not be able to prove an element of his cause of action that they would be entitled to judgment as a matter of law.
Respondent’s argument is rebutted.
Respondent’s cannot prove that the Claimant’s vehicle was under video surveillance the “entire time” he was parked at Sheridan because by their own admission that video surveillance cameras cover 3 parking lots and 5 acres of land and is a time-loop video surveillance camera. (See Respondent’s Exhibit B ¶ 6 & C ¶ 4)
If Claimant’s vehicle was under “constant” video surveillance, Sheridan could not monitor any other vehicles or any other incidents occurring in the parking lots at the time they occur. (See Respondent’s Exhibit C, ¶s 2, 3 & 4) It would be impossible to have “Claimant’s vehicle under video surveillance during the entire time it was parked at Sheridan Correctional Center on April 4, 2007 and April 5, 2007….” (See Respondent’s Exhibit B, ¶ 6) This statement is false because it the Claimant’s vehicle would have to be under video surveillance for 8 hours.
Lt. Truitt purposely and maliciously provided a false Affidavit for the Respondent’s request for summary judgment.

Proximate cause requires the plaintiff to show that the defendant's negligence was (1) the actual cause or the cause in fact of his injury; and (2) the legal cause of his injury, i.e., the defendant's conduct was so closely tied to the plaintiff's injury that he should be held legally responsible for it." McCraw v. Cegielski, 287 Ill. App. 3d 871, 873 (1996). Proximate cause "must be established to a reasonable certainty," and may not be "based upon mere speculation, guess, surmise or conjecture." Castro v. Brown's Chicken & Pasta, Inc., 314 Ill. App. 3d 542, 553 (2000). However, reasonable inferences supported by circumstantial evidence may support a finding of proximate cause. McCraw, 287 Ill. App. 3d at 873.
Claimant can demonstrate evidence that the Respondents were aware that their video surveillance camera could not view accidents occurring in their parking lots because they could not identify who hit Kyra Peters vehicle.
The Respondents did nothing to correct the problem of their video surveillance camera system after acknowledging to Kyra Peters that they could and did not see who hit her vehicle while it was parked in the parking lot at Sheridan.
During 2007, Claimant was employed by WestCare Foundation, Inc. at Sheridan.
Kyra Peters, an employee of WestCare Foundation, Inc at Sheridan, reported her vehicle damaged by a hit-and-run driver while she was parked in the parking lot at Sheridan.
Kyra Peters reported her vehicle damaged before the Claimant reported his car damaged.
Kyra Peters is a witness at trial.
Claimant is presenting evidence that the video surveillance cameras at Sheridan did not pick up Kyra Peters vehicle being damaged by another vehicle parked in the Sheridan parking lot.
Lt. Truitt reviewed the videotapes of the date and time as indicated in the Incident Report (Official IDOC document 434) of Kyra Peters’ vehicle being damaged when it was parked in Sheridan’s parking lot stating he (Lt. Truitt) could not determine from the video surveillance when Kyra Peters’ vehicle was damaged.
Lt. Truitt and Warden Michael Rothwell had working knowledge that the security cameras at Sheridan could not pick up Ms. Peters vehicle being damaged by a hit-and-run driver.
Lt. Truitt and Warden Michael Rothwell knew that the security cameras used for surveillance of the parking lots at Sheridan were insufficient to monitor 3 parking lots and 5 acres.
Claimant did not list in his allegations Respondent’s failure to monitor his vehicle while parked in the parking lot at Sheridan due to the brevity of the property claim form issued by the State of Illinois, Illinois Court of Claims.
If this Honorable Court believes the Claimant’s “Property Damage Form” fails to alleged sufficient data to state an appropriate claim, Claimant has requested to amend his petition/complaint for clarity by citing 735 ILCS 5/2-1005(g) if this Honorable Court believes that because the Claimant did not “specifically” mention his vehicle being monitored by video surveillance cameras, which respondent’s hang their hat on for summary judgment.
A plaintiff fixes the issues in controversy and the theories upon which recovery is sought by the allegations in his complaint. The very purpose of a complaint is to advise the defendant of the claim it is called upon to meet. In ruling on a motion for summary judgment, the court looks to the pleadings to determine the issues in controversy a plaintiff's remedy in such a circumstance is to move to file an amended complaint [under section 2-616(a) or section 2-1005(g) of the Code of Civil Procedure.” Gold Realty Group Corporation v. Kismet Café, Inc., d/b/a Muskies, and Gonen Reha Arica, Ill. 2d (2005).

ARGUMENT

Respondents suggest the video surveillance is continuous.
The Respondents suggest the video surveillance at Sheridan, specifically; the cameras surveying 3 parking lots and 5 acres of land sufficiently monitor all activity in the parking lots at Sheridan.
This surveillance is done in “still” time frames for a designated period of time, which Lt. Truitt shared with the Claimant in their interview process.
It is conceivable, and for reasonable minds or people, to believe when the Claimant’s vehicle was damaged the surveillance camera did not pick up the incident because the camera was surveying other parking lots or the 5 acres of land Respondents admit too in their Summary Judgment report (Exhibit C, ¶4).
Lt. Truitt concurred with this analysis when talking with the Claimant.
The proximate cause of an injury can become a question of law only when the facts are not only undisputed but are also such that there can be no difference in the judgment of reasonable men as to the inferences to be drawn from them. Mack, 283 Ill. App. 3d at 57, 669 N.E.2d at 612-13.
In addition, Lt. Truitt informed the Claimant that even though he could see his vehicle parked in the parking lot of Sheridan, he could not see the damage to the Claimant’s vehicle because of how the Claimant’s vehicle was parked.
Claimant’s vehicle was parked with the front end facing another vehicle, which may have been the vehicle that damaged the Claimant’s vehicle.
Claimant’s damage was to the front end of his vehicle. (Exhibit A)
Claimant alleges that the respondent’s negligence caused Claimant’s vehicle to be damaged in the parking lot at Sheridan because the Respondents did nothing upon learning that another employee of WestCare Foundation, Inc. at Sheridan had her vehicle damaged by a hit-and-run driver.

CONCLUSION

Respondents state “Claimant would not be able to prove that the Respondent was negligent and its negligent proximately caused Claimant’s property because no evidential facts exist to support this allegation….” (Respondent’s Summary Judgment report at ¶32)
The purpose of summary judgment is not to try a question of fact but to determine if one exists. Gilbert v. Sycamore Municipal Hospital, 156 Ill. 2d 511, 517, 622 N.E.2d 788, 792 (1993).
Respondents negligence is a material fact, and at issue here. Respondents did nothing to assure the surveillance cameras at Sheridan were monitoring their parking lots appropriately upon learning that Kyra Peters’ vehicle had been damaged by a hit-and-run driver, and that the surveillance cameras did not pick up the perpetrator of the damage. In Eliot v. Williams (2004) the court reports "a defendant may be held liable even if his negligence is not the sole proximate cause of the plaintiff's injuries, so long as his conduct contributed in whole or in part to the injury." This is admissible evidence, satisfying Brown, Udell & Pomerantz, Ltd. v. Ryan, 369 Ill. App. 3d (1st Dist. 2006).
Discovery will reveal Kyra Peters filed an IDOC 434 Incident Report stating her vehicle had been damaged by a hit-and-run driver in Sheridan’s parking lot, which Lt. Truitt reported he could not find evidence through his examination using the surveillance cameras for the parking lots, even though Ms. Peters’ vehicle was damaged in Sheridan’s parking lot on the date and time she reported it.
Kyra Peters’ damage to her vehicle on Illinois State property at Sheridan raises issues of material fact and is evidentiary for the Claimant’s damage to his vehicle on Illinois State property at Sheridan. Proximate cause is ordinarily a question for the jury to decide. Mack v. Ford Motor Co., 283 Ill. App. 3d 52, 57, 669 N.E.2d 608, 612 (1996).
The issue of proximate cause in a negligence suit is generally an issue of material fact to be determined by the trier of fact; however, it can be determined by a court as a question of law if "the facts as alleged show that the plaintiff would never be entitled to recover." Abrams v. City of Chicago, 211 Ill. 2d 251, 257-58 (2004).
To recover damages based on negligence, plaintiff must allege and prove that defendant owed a duty to plaintiff, that defendant breached that duty, and that the breach was a proximate cause of plaintiff’s injuries. First Springfield Bank & Trust v. Galman, 188 Ill. 2d 252, 256 (1999).
In order for a Claimant to prevail in a property damage claim, the claimant must prove by a preponderance of the evidence that the State was negligent, that the negligence was the proximate cause of the claimant’s injuries and damages. Amos v. State, 55 Ill. Ct. Cl. 368 (2003)
The Claimant’s answer to the Respondent’s Motion for Summary Judgment has sufficiently met this standard.
Claimant’s vehicle cannot be under surveillance during the entire time it was parked at Sheridan’s parking lot as Respondents claim because as Respondents report the surveillance camera, specifically camera #3 as reported by Warden Michael Rothwell (Exhibit C, ¶ 4) that views the Claimant’s vehicle covers 3 parking lots and 5 acres of land. The Respondents Summary Judgment report is full of contradictory statements, such as demonstrated here. The Respondents report there surveillance cameras remain stationary for extended periods of time. (See Exhibit C, ¶ 4)

What is the extended period of time? What determines the period time that the surveillance camera is stationary? These are material facts at issue and in dispute.WHEREFORE, based on the foregoing, the Claimant respectfully moves this Court to deny summary judgment to the Respondent.The Claimant is only requesting the expense for repairs to his vehicle, which is $567.26 at this time. (Claimant’s Exhibit D) If the Claimant is forced to forego additional cost through litigation, Claimant will request legal fees and whatever this Honorable Court deems necessary and appropriate. Respectfully submitted, Fred Nance Jr., ABD, MA, CADC, NCRS

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Equal Employment Opportunity Commission: Illinois Department of Corrections and WestCare Foundation, Inc. Discriminatory Practices

By Fred from South Holland, IL - Jan 30th, 2009 at 12:29 am EST

March 12, 2009

I received mail dated March 9, 2009 from the Illinois Department of Human Rights. The letter states "...Your letter to Governor Quinn was referred to the Department of Human Rights for a response. The letter that you received from the Department of Human Rights, dated July 15, 2008, explained the process regarding the cooperative agreement between U.S. Equal Employment Opportunity Commission (EEOC) and the Illinois Department of Human Rights (Department)...When you have received a final determination of your charge from EEOC, please refer the July 15, 2008, letter for further instructions...." Mr. Brent A. Harzman, Acting Manager signed this document, copying it to Rocco Claps, Betsy Ebeling, Governor's Office of Citizen Action and Thomas Roeser.

January 29, 2009

Honorable President of the United States
Mr. Barack Obama
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500

CERTIFIED MAIL

Re: Bias and Prejudice Investigation by the Equal Employment Opportunity Commission

Mr. President:

Please excuse me from taking your valuable time away from governing our country, but I must submit this writing seeking advocacy for shared beliefs in an honorable employment system free from discrimination and indifferent treatment along with responsible government intervention when an employment entity compromises the laws governing employment practices. At this time in your Presidency, it appears your priorities are focused on the economy and employment. This writing addresses both priorities. You signed a bill today, January 29, 2009, requiring women to get equal pay in employment, which also expands the time for filing discrimination claims. The lady to whom the bill reflects battled the powers to be for equal rights and pay for everyone. My fight is similar. I have been battling with the powers to be for equal employment under the law.

Background/History with the Illinois Department of Corrections:

First, I have been subjected to discrimination, marginalized and retaliated against because of my non-violent criminal drug convictions in 1988 and 1992. Sir, when I was sentenced in 1992 I did not have a G.E.D. I received my G.E.D. in Chicago’s county jail while waiting to go to the Illinois Department of Corrections (IDOC). I started going to college in prison. Once released in December of 1994, I achieved my Bachelor degree in General Studies with a focus on Social Science (1997) and a Master degree in Mental Health with a focus on Community Counseling (1999) from Roosevelt University in Chicago. I started my PhD program with Walden University in 1999. I will receive my PhD in Human Services with a focus on Social Policy Analysis and Planning in February of 2009.

While I was incarcerated in IDOC in 1992, I suffered racial discrimination, indifferent treatment and retaliation attempting to access the courts. I was still litigating my criminal convictions while incarcerated. When going to court from an IDOC prison in Vandalia, my legal papers were purposely taken and destroyed by IDOC personnel. The legal papers contained information against Judge Paul Foxgrover who convicted me and my personal lawyer William Swano. Paul Foxgrover was convicted of a felony 18 months after convicting me receiving a 6-year sentence, and Attorney Swano was convicted in Operation Greylord and disbarred.

I filed a civil action against IDOC for denying access to court, with the caption Fred Nance Jr. v. J.D. Vieregge, et al. The District Court denied my claims. The U.S. District Court of Appeals overruled the District Court on appeal stating “Nance has two options, which are not mutually exclusive: to seek damages in state court for the value of the photocopies as ordinary personal property; and to initiate a collateral attack or request for pardon concerning the judgment that rests on his guilty plea.” As stated above, this Appellate Court overturned the lower court’s decision dismissing my original complaint stating I had not pleaded facts showing that Vieregge acted deliberately. I did not know about this Appellate court decision until 2005. I was litigating another matter regarding “access to court” in the Federal court when through my research I found my case. I filed for clemency with Governor Blagojevich in October of 2006. Governor Blagojevich never responded to my petition for clemency.

After I filed my civil complaint against IDOC and J.D. Vieregge, IDOC transferred me from a minimum security prison to a medium security prison. I was put in segregation because I complained about my missing legal papers. I was put in segregation 2 more times bogusly for administrative reasons. I was transferred 2 more times to various Southern Illinois institutions with IDOC knowing I would not get visitation because my relatives lived in the Chicago area. My wife of 16 years was murdered on July 5, 1993 while I was incarcerated. My daughter, who was 9-years-old at the time, found my wife’s body lying in the alley behind the house where they were living. IDOC refused to let me attend my wife’s funeral and visit with my children at the funeral home.

Present matter with IDOC and EEOC:

Second, I filed 2 charges, one on April 16, 2007 and one on May 12, 2008, for employment discrimination based on race, sex, age and retaliation against the Illinois Department of Corrections (IDOC) and WestCare Foundation, Inc. (WestCare) with the Equal Employment Opportunity Commission (EEOC), which has been severely hindered and nefariously interrupted with biases and prejudices by staff of the Chicago District office of EEOC.

Facts: I applied for a counseling employment position with Gateway Foundation, Inc. (Gateway) on or about April 2005. Gateway had the State of Illinois counseling contract with IDOC at Sheridan Correctional Center (Sheridan). IDOC refused my employment and security clearance. I appealed IDOC’s decision. One of the issues for my denial of employment with IDOC was that I visited my brother while he was in prison. I was not a convicted felon when I visited my brother. In April of 2006 I was granted a security clearance to work at Sheridan.

I reported for work on May 1, 2006. On June 6, 2006 AFSCME the union had a strike at Sheridan. I tried to come to work and cross the picket line. Sheridan’s Warden Michael Rothwell denied me access to work. Warden Rothwell and a person who identified himself as an Assistant Director in Springfield informed me I could not cross the picket lines and go to work. They would not tell me why I could not cross the picket lines.

I filed for unemployment compensation. I was denied because IDOC said I was off from work because of misconduct. Upon successful appeal with the Illinois Department of Employment Security (IDES) I received my benefits. I was identified as “non-participatory” with IDES in this matter. IDES reported in its summary “…The unemployment of the “non-participatory” claimant-appellants is not due to a work stoppage caused by the labor dispute…there was one efficient cause of the claimants’ unemployment and it was not the labor dispute. It was the unilateral actions of IDOC…The actions of IDOC were a separate and the only cause of the claimant’s unemployment.” After this decision and my return to employment on September 6, 2006 I was retaliated against by IDOC personnel and the administration at Sheridan.

I suffered race, sex, and age discrimination in my job duties, promotions and job placement at Sheridan with IDOC personnel and WestCare employees. I was denied supervisory promotions several times while white and black females, younger than me, were placed in the supervisory position with less experience than I. I was discriminated against when IDOC and its staff denied me access to work while allowing white males and females, younger than me, to cross the picket lines. Yet, EEOC says I have no case. EEOC has all the documents I am sending you.

Ms. Janel Smith is the investigator on my cases with EEOC. I have complained continuously to her supervisor since filing my charges about her biases and prejudices toward me and my endeavors for EEOC to litigate my charges against IDOC and WestCare. Finally, I wrote President Bush whose office forwarded my complaint to Chicago’s District office Director, Mr. John P. Rowe, where my EEOC charge is filed. I thought Mr. Rowe would monitor the process.

These events are documented in detail on my blogs. The letter to President Bush is posted on your website. I will be posting this letter on your website. My intention by posting this issue is to demonstrate the inadequacy of EEOC and the discriminatory practices of IDOC and WestCare. Also, I believe there is an unethical and unnatural partnership between EEOC and IDOC, along with WestCare. Let us not forget about Governor Blagojevich and Illinois politics. This is real.

Sir, it is rare we find someone of your integrity and honesty. Even though you practiced law in Chicago, you did not taint your character and behavior. For that, I applaud you. Since the EEOC is a Federal entity, I plead with you for your intervention. Ms. Janel Smith informed me on Tuesday, January 27, 2009 and on Thursday, January 29, 2009, that my charges with EEOC were being terminated. On Tuesday I asked Ms. Smith did IDOC tell her why they took my security clearance. Ms. Smith told me that IDOC did not want me working at Sheridan. On Thursday Ms. Smith told me that IDOC and WestCare told her I was locked out for poor performance and misconduct. I wrote a letter to Director Roger Walker on July 30, 2008 requesting a reason for being lockout of Sheridan and my employment. Mr. Walker never answered my certified letter to him. I asked Ms. Smith did IDOC and WestCare provide written documentation for this charge against me. Ms. Smith said they sent her the same documents I gave her. What does this mean? I told Ms. Smith that WestCare sent me a letter telling me that I was terminated because IDOC locked me out. I informed Ms. Smith that I worked for WestCare and not for IDOC. Therefore, how could IDOC say that I was locked out for poor performance and misconduct?

It seems strange as I told Ms. Smith that she would call me now after I e-mailed her last week requesting status on my charges. It appears on its face that she decided as she has tried to do all of last year to dismiss my charges. Ms. Smith once told me that EEOC does not have the manpower or resources to properly address the discriminatory charges I bring before it.

Where I do I fit in this scenario? I guess I get sacrificed. I guess IDOC’s discriminatory actions continue. Sheridan’s substance abuse program is supposed to reduce recidivism. How can it promote such a charge if it is not willing to work with those who have rehabilitated themselves? It may be due to my personal rehabilitation because IDOC had nothing to do with mine. I am enclosing the following documents with this correspondence:

EEOC charges 440-2007-04512 (original and amended) & 440-2008-05507

Illinois Department of Human Rights control #s 090714051 (WestCare) & 090714051 (IDOC)

Initial letter to Rod Blagojevich dated June 6, 2006 regarding IDOC denying access to cross the picket lines at Sheridan

Illinois Department of Employment Security responses to my claim for benefits (discharge for misconduct, Labor Dispute Determination (I appealed decision), Recommended Decision after appeal, Decision of the Director of Employment Security giving me my unemployment benefits)

Termination letter from WestCare Foundation Inc.

Letter to Governor Blagojevich dated May 12, 2008

Letter to President Bush dated May 19, 2008

Letter received from EEOC Director John P. Rowe dated June 23, 2008 responding to President Bush’s letter

Letter to IDOC Director Mr. Roger Walker and Asst. Director Deanne Benos dated July 30, 2008 requesting a reason for taking my security clearance

Appellate Court decision Fred Nance Jr. v. J.D. Vieregge et al

Profile of Judge Paul Foxgrover from an Internet address http://www.ipsn.org/foxg.html

Petition for Post Conviction Relief filed by Attorney Roosevelt Thomas, my 3rd lawyer in my conviction case

Respectfully submitted,

Fred Nance Jr., ABD, MA, CADC, NCRS

cc:

President Obama’s website and Certified Mail
Mr. Patrick Quinn, Governor of Illinois (Certified Mail)
Mr. John P. Rowe, District Director, Chicago District Office (fax this letter only)http://clickforjusticeandequality.blogspot.com/
http://click.townhall.com/
http://clickforjusticeandequality.wordpress.com/
http://www.frednance.newsvine.com/

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Illinois Department of Children and Family Services: Nefarious, Disparate, Bias, Prejudice and Indifferent Contractual Employment Practices

By Fred from South Holland, IL - Jan 16th, 2009 at 3:05 pm EST

Update: March 17, 2009
On March 16, 2009 I received a check from Haneefah Booker LCSW & Associates in the amount of 545.00. The Associates marked "Final Payment All Salaries Paid in Full." I am not sure what that means.
Haneefah Booker LCSW & Associates and I have a binding "legal" contract where I was supposed to get "30 days" notice before termination. DCFS forced the Associates to terminate my subcontractual agreement immediately.
DCFS COVERED THEMSELVES and threw the contractual entity "under the bus" when they stated in a letter to me dated January 21, 2009 "...Please note that as an employee of The Associates, any action taken regarding your employment and any questions regarding your employment status should be addressed directly to The Associates. The results of your DCFS background check are relevant only as they relate to the contractual relationship between The Associates and DCFS. The Associates as your employer is free to maintain you in another contractual arrangement or employment capacity unrelated to DCFS...."
This letter was signed by Mr. Erwin McEwen, Director of the Illinois Department of Children and Family Services (DCFS).
Mr. McEwen: Is the way your office treats all contractual relationships with businesses providing services for DCFS? If this is the way your office wishes to operate, then all DCFS contractual relationships with outside entities/businesses should have a subcontractual agreement arrangement "document" from DCFS where DCFS' biases and prejudices in terminating contractual relationship services with subcontractors do not put the "business entities" DCFS contracts with in legal dilemmas with their subcontractors.
January 8, 2009

Illinois Department of Children and Family Services
Mr. Erwin McEwen, Director
406 East Monroe Street
Springfield, Illinois 62701

CERTIFIED MAIL

Appeal of DCFS Decision to Terminate my Contractual Employment with The Associates

Mr. McEwen:

I was employed by The Associates (The Associates) to provide therapy to individuals who have active cases with the Department of Children and Family Services (DCFS). On January 8, 2009 at approximately 5:30 pm I was informed by The Associates that Mr. Lamont J. Haymond of Cook Region Contracts told them to terminate my employment. The Associates informed me that Mr. Haymond told them that I did not give full disclosure of my criminal history.
Sir, this is not true. There is something else going on here. I believe there are biases and prejudices against me having employment with DCFS customers/clients.

I filled out an application from The Associates to provide therapy that asked me if I had criminal convictions. I answered yes. I described 2 convictions, one in 1989 and the other in 1992 pursuant to a certified statement of convictions/dispositions from the Circuit Court, Illinois, which was part of the paperwork from my clemency appeal to the State of Illinois. No one from DCFS requested copies of this certification of convictions. What was requested from me was the dispositions of charges in the State of California for February 7th and 10th of 1971.

On or about September 29, 2008 I provided an official State of Illinois, Department of Children and Family Services Authorization for Fingerprinting by DCFS/Office of Employee Services form to The Associates by fax. On October 24, 2008 I was fingerprinted by Accurate Biometrics an authorized State of Illinois agent who provided my fingerprints to Illinois State Police and/or FBI. On October 30, 2008 I received an email from The Associates stating in part “…Your clearance for employment has passed and I’d like to officially welcome you to our agency….”

On or about December 4, 2008 Ms. Susan Campbell of DCFS Background Check Department sent Mr. Haymond an email with some charges on it and requested Mr. Haymond send an email to The Associates requesting I provide the disposition on these “charges” from the State of California stating she needed this information so that she can finish her background check on me. The dates of the “charges” are February 7, 1971 and February 10, 1971. I was given Ms. Campbell’s phone number, 217-557-1754.

I called Ms. Campbell informing her I did not have any criminal convictions in the State of California. I asked Ms. Campbell to provide me with an arrest and conviction report on me for the State of California because the copy of “charges” emailed to me did not have a description of the charge. Instead of providing me with a hard copy of the “charges” against me, Ms. Campbell told me over the phone what the “charges” were stating that she does not provide the local providers with this information. After getting the information from Ms. Campbell, I researched the State of California, Department of Justice inquiring how to obtain the disposition of these charges. I called Ms. Campbell informing her that the State of California, Department of Justice application states “…This application is not to used to obtain a copy of your record to furnish to another person or agency for immigration, visa, employment….” Ms. Campbell informed me she needed a disposition on the cases and that it was my responsibility to get it.

I went through the trouble and hassle of contacting the State of California, Department of Justice. The State of California, Department of Justice requested I provide a copy of my fingerprints. On December 12, 2008 I went to the South Holland police department and acquired my fingerprints. On December 8, 2008 I mailed my fingerprints and the State of California, Department of Justice’s application to obtain copy of State summary criminal history record. On or about December 22, 2008 I received correspondence dated December 21, 2008 from the State of California, Department of Justice, stating in part

“…This is in response to your inquiry concerning the existence of a California criminal history record within the files of the Department of Justice’s Bureau of Criminal Identification and Information. As of the date of this letter, a search of your fingerprints did not identify with any criminal history record maintained by this Bureau as provided by the California Penal Code Sections 11120-11127. Pursuant to California Penal Code section 11121, the purpose of a record review request is to afford an individual with a copy of their record and to refute any erroneous or inaccurate information contained therein. The intent is not to be used for licensing, certification or employment purposes. Additionally, California Penal Code sections 11125, 11142, and 11143 does not allow for a person or agency to make a request to another person to provide them with a copy of an individual’s criminal history or notification that a record does not exist….”
When I received this correspondence I sent it in an email to Mr. Haymond and The Associates. I called Ms. Campbell informing her I received this correspondence. I asked Ms. Campbell for her fax number so I could send it to her. Surprisingly, Ms. Campbell told me to send it to Mr. Haymond, and that Mr. Haymond will forward it to her. I wondered why Ms. Campbell wanted me to send it to Mr. Haymond when Ms. Campbell told me that she does not provide her local providers with specific information on an applicant’s arrest record.

Ms. Campbell knew she was not supposed to ask or request this information from me pursuant to California Penal Code. Ms. Campbell knew this was not to be used for employment purposes. Ms. Campbell had working knowledge of the State of California, Department of Justice statement. I would think DCFS has ways of obtaining a criminal background check, especially since DCFS took my fingerprints. I did not question Ms. Campbell’s motives. I just did what she requested.

Every day that passes without employment, my family suffers the economic woes of unemployment. I have suffered an injustice here. I am not sure of who is perpetrating this offense against me but I am sure if your office investigates the substantive issues I have raised you will uncover the culprit.

Sir, my criminal history is not a secret. I have it posted on my website at http://www.clickservices.org/ on the President’s Corner page. I have written about my criminal history and other social issues like this on my blogs at http://clickforjusticeandequality.blogspot.com/, http://click.townhall.com/, http://clickforjusticeandequality.wordpress.com/ and http://www.frednance.newsvine.com/.

Sir, I am a social policy analyst. I write everyday about issues such as described in this appeal. I know I am being retaliated against by persons in DCFS. In addition, the Illinois Department of Children and Family Services Rule 385 does not bar me from providing the therapeutic services I am contracted to do with The Associates and DCFS.

Please investigate. I will await your response before I post this appeal on my blogs.

Thank you.

Fred Nance Jr., ABD, MA, CADC, NCRS

cc:

Ms. Susan Campbell
Mr. Lamont J. Haymond
http://clickforjusticeandequality.blogspot.com/
http://click.townhall.com/
http://clickforjusticeandequality.wordpress.com/
http://www.frednance.newsvine.com/

Update: January 10, 2009

On January 9, 2009 I called Mr. Haymond and left a message asking him to call to confirm he received the letter below that I sent to him by fax. Mr. Haymond did not returned my call. On January 9, 2009 I spoke to Ms. Susan Campbell. Ms. Campbell told me she did not tell anyone to terminate my employment. I asked Ms. Campbell for her fax number so I could send her the letter below. Ms. Campbell refused to give me her fax number stating there was no appeal process. I informed Ms. Campbell I was going to post this writing on my blogs. Ms. Campbell stated she did not care what I did.

On January 9, 2009 I spoke to Mr. George Vennikandam from Director McEwen's office downtown Chicago asking him did he receive the letter below I faxed to him. Mr. Vennikandam informed me he received the letter below and forwarded it to the Department Head of the criminal background division that investigates these matters. Mr. Vennikandam stated he could not guarantee the outcome, but would forward my letter to the criminal background supervisor of this department.

Update: January 12, 2009

On January 12, 2009 at approximately 10:30 am I called and talked to Mr. Lamont J. Haymond. I informed Mr. Haymond that The Associates terminated my employment stating that he gave the order. I informed Mr. Haymond that I talked to Ms. Susan Campbell and she told me she did not give the order for my employment termination. Mr. Haymond reports that he told The Associates "there was something that I did not fully disclose, and that I could not work under the contract of The Associates." I asked Mr. Haymond did he receive the correspondence below that I sent by fax and email that was an appeal on his decision to terminate my employment with The Associates. Mr. Haymond stated he would check his box and forward the correspondence to the appropriate person.

Update: January 13, 2009

To obtain employment for the position of counselor/therapist with The Associates who have a contractual agreement with the State of Illinois to provide services to families of the Illinois Department of Children and Family Services (DCFS), I had to complete an Illinois Department of Central Management Services (CMS) 100 form. The title of this form is Examining/Employment Application.

Item #9 states "If your answer to any of the following questions is "yes" please attach a signed, detailed explanation." I answered "yes" to Item #9 (B), which states in part "Have you ever pled guilty to or been convicted of any criminal offense other than a minor traffic violation?" I provided a "detailed" explanation of my convictions in 1989 and 1992 to the Associates that were passed on to DCFS. I was incarcerated in the Illinois Department of Corrections on January 16, 1992 and released on December 20, 1994. I was 42-years-old when I was incarcerated.

I did not have a high school diploma when I was incarcerated. I acquired my G.E.D. in the Cook County jail. I started college while incarcerated. I received my Bachelor degree in January 1995. I received my Master degree in September of 1999. I will receive my PhD in Human Services with a focus on Social Policy Analysis and Planning in February of 2009.

These convictions were non-violent. These convictions were not for child abuse or neglect, nor were they criminal acts against children. The convictions were drug related as stated in my "detailed" explanation. Item #9(B) pertaining to criminal convictions never asked or requested a detailed account of criminal arrest. Yet, Ms. Susan Campbell requested I get a disposition on an arrest I had in California in 1971, which is 37 years ago.

I completed another CMS form, which states "request for release of information." This form is directed to the Director of the Illinois State Police. This form states in part "I, Fred Nance Jr., do hereby authorize the Illinois State Police to release information relative to the existence or nonexistence of any criminal record which it might have concerning me to any Department of the State of Illinois solely to determine my suitability for employment or continued employment with the State of Illinois. I further authorize any agency which maintains records relating to me to provide same on request to the Illinois State Police for the purpose of this investigation." Ms. Susan Campbell and Mr. Lamont Haymond could have used this form to acquire any information it needed from another State.

I "fully" disclosed all information to DCFS regarding my criminal convictions to the best of my knowledge on "drug" convictions that happened 16 years ago. Any arrest needed by DCFS could be acquired from the documents I completed. Any further information needed by DCFS to "fully" disclose any criminal records could be acquired from the documents I completed. In no application I completed or was given did it demand I "fully" disclose information. Ms. Campbell and Mr. Haymond did not need to have me contact the State of California, Department of Justice, to acquire information for criminal arrests. Ms. Campbell and Mr. Haymond nefariously and maliciously acted with prejudice and bias in denying me the opportunity for employment with DCFS.

I went through the same prejudices and biases with the Illinois Department of Corrections (IDOC) applying for employment with Gateway Foundation Inc. at Sheridan Correctional Center in June of 2005. After a bitter battle with IDOC about my professional credentials and criminal background, I was given security clearance to work at Sheridan Correctional Center in April of 2006. On May 14, 2008 IDOC rescinded my security clearance without giving any explanation. When IDOC took my security clearance without cause, WestCare Foundation Inc. who took over providing clinical services to the inmates at Sheridan Correctional Center on November 1, 2006 from Gateway Foundation Inc., terminated my employment. There is a conspiracy here to deny any employment to me with the State of Illinois.

Update: January 14, 2009

According to Director Erwin McEwen, the goal of the Illinois Department of Children and Family Services (DCFS) is to protect children by strengthening and supporting families. According to Director McEwen, the mission of DCFS is to protect children who are reported to be abused or neglected and to increase their families' capacity to safely care for them; to provide for the well-being of children in their care; to provide appropriate, permanent families as quickly as possible for those children who cannot safely return home; to support early intervention and child abuse prevention activities; and to work in partnerships with communities to fulfill this mission. According to Director McEwen, the vision of DCFS is committed to acting in the best interest of every child it serves and to helping families by increasing their ability to provide a safe environment for their children and by strengthening families who are at risk of abuse or neglect. It seems from the nefarious and malicious acts perpetrated against me by Susan Campbell and Lamont Haymond this may or may not be true.

I began my contractual counseling/therapy work for The Associates in October of 2008. Because of my background and previous social service work, my basic assignment was to work with the males of families. My caseload began with 2 families. In November of 2008, my caseload increased to 7 families. Ms. Susan Campbell and Mr. Lamont Haymond nefariously and maliciously took me away from the Goal, Mission and Vision of DCFS.

On or about December 5, 2007 Governor Blagojevich appointed Mr. Erwin McEwen Director of DCFS. Mr. McEwen had been “Acting” Director of DCFS since November of 2006. Before being appointed “Acting” Director of DCFS, Mr. McEwen served as Child Welfare Administrator at Lakeside Community Committee, where he oversaw the organization’s four core direct service programs, including foster care, extended family support services and pregnant and parenting teen services. Mr. McEwen has over 20 years of experience in providing social services to youth and families in the State of Illinois, and is committed to the well being and safety of Illinois’ children.

The first 2 families I was assigned to work with came from Lakeside Community Committee, the organization Mr. McEwen worked with before becoming Director of DCFS. Mr. McEwen understands the need for comprehensive and continuity of services. When Ms. Susan Campbell and Mr. Lamont Haymond decided to nefariously and maliciously take my employment with these families, they broke the comprehensive and continuity of services. Comprehensive and continuity of services are core values held by Mr. McEwen, which he so proudly and profanely holds too as most dedicated social service professionals. I am a dedicated social service professional.

I had another family where I worked with 2 young men. One of them was 12-years old, who had suffered tremendously in his young life. I remember one of the things he said to me as I began my work with him. He asked me, “Are you going to leave me like everyone else has done.” Of course I told him I was not going to leave him like others have done. I had no idea that there was someone like Susan Campbell lurking behind the curtains waiting to deprive me from my professional duties with such ludicrous and scandalous accusations that have no meaning within the scope of services for the population of the Illinois Department of Children and Family Services.

Update: January 16, 2009

What happens in the State of Illinois may define President Obama's legacy. Voters will believe the politics practiced in the State of Illinois and its governmental entities are indicative of President Obama policies. I am posting letters I have written to the Illinois Department of Children and Family Services and to the Illinois Department of Central Management Services on President Obama's website to alert the public-at-large as to the employment practices of these 2 Illinois governmental entities.

As President Obama seeks assistance from the Senate and House of Representative to allocate monies to stimulate the economy with jobs, he needs to consider his home State of Illinois and its employment practices. As illustrated here in the letter below, the Illinois Department of Children and Family Services employment practices demonstrate disparate and indifferent treatment, biases and prejudices, and most importantly nefarious acts of separatism and nepotism. Giving money to create employment and boost the economy of the State of Illinois is a mistake. If President Obama allows monies to come to the State of Illinois without strict monitoring, he will be embarrassed.

Update: January 21, 2009

Sir, since you are officially President of the United States and you are dedicated to work toward the restoration of jobs, what will you do about the employment practices of the Illinois Department of Children and Family Services?

Update: January 27, 2009

This correspondence, in its entirety, is being sent by certified mail back to Director McEwen for a re-evaluation. In thinking more about the response letter I received from Mr. McEwen, I have to ask more questions about this particular response. Mr. McEwen states in his response letter "...DCFS determined that several of your convictions act as an automatic bar to any type of employment relationship with DCFS...." If this is true, why did Ms. Susan Campbell ask for additional information on a 30-year old arrest when she was supposed to be concerntrating on whether I had convictions? At first glance, it seems Mr. McEwen wants to paint this picture of multiple convictions, when there were 2 convictions with multiple charges. Any black man knows that when you get arrested in America there is never one charge given to any event. Multiple charges allow a State's Attorney more leverage in obtaining their convictions.

This nefarious language and behavior of Mr. McEwen is unbecoming of a Director, as we might believe of Governor Rod Blagojevich nefarious behavior. Mr. McEwen language and character creates an atmosphere of indifferent and disparate treatment. The employment practices of the Illinois Department of Children and Family Services under the leadership of Mr. McEwen is suspicious at least, and notorious at best. The actions taken here by Mr. McEwen's department are retaliatory in nature.

Update: January 26, 2009On January 26, 2009 I received a response on DCFS official stationary with a pre-embossed "stamped" signature of the Director of DCFS, Erwin McEwen. In this letter it notes:

"...any action taken regarding your employment and any questions regarding your employment status should be addressed directly to The Associates. The results of your DCFS background check are relevant only as they relate to the contractual relationship between The Associates and DCFS...In this case, after review of your file it appears the original assessment of failed background check, based on your failure to disclose all of your convictions on the CMS 100 and CMS 284 forms, was in accordance with DCFS practices...Also, upon further review, DCFS determined that several of your convictions act as an automatic bar to any type of employment relationship with DCFS...under DCFS Rule 385...."

This response from Director Erwin McEwen is flawed in many aspects and reflects "class" discriminatory, disparate and indifferent treatment in their employment practices.

1. I was employed by the Associates to provide counseling/therapy to DCFS clients. This employment was restricted to this DCFS population.

2. The author of this letter uses the word "appears" to describe their original assessment. This leads one to think they are not sure of what their "assessment" disclosed or determined.

3. On CMS form 100 it states "...If your answer to any of the following questions is "yes" please attach a signed, detailed explanation...Have you ever pled guilty to or been convicted of any criminal offense other than a minor traffic violation?...." On CMS form 284 it states "...Applicant Background Information...Have you ever been convicted of a criminal offense other than a minor traffic violation?...If your answer to the foregoing question is "yes" please provide a detailed statement for each such occurrence...." I submitted a "detailed" type-written explanation to the Associates regarding my convictions, which applied to both documents. This "detailed" explanation was submitted along with the CMS 100 and CMS 284 forms to The Associates when I applied for employment. No one contacted me requesting "additional" information on my convictions, as I was contacted by Ms. Susan Campbell requesting "additional" information on an arrest I had 30-years ago.

4. My convictions as they relate to this employment are not one of the enumerated crimes of DCFS Rule 385. Director Erwin McEwen or the author of this letter conveniently omits listing the "enumerated" crime to which he refers as an "automatic" bar to any type of employment relationship with DCFS.

This is the normal "class" discriminatory, indifferent, disparate and nefarious employment practices of the Illinois Department of Children and Family Services.

I have to ask myself: Why didn't they list the enumerated convictions of DCFS' Rule 385 that "automatically" exempts me from employment with DCFS? This would be the honest and ethical thing to do.

I have to ask myself: What is a "detailed" explanation of a conviction? If the information I provided at first glance was not "detailed" enough, why not ask for additional information? The practice utilized against me is not the normal practice of DCFS.

When Ms. Susan Campbell of DCFS requested "additional" information for an "arrest" I had 30-years ago, she divulged the practice of DCFS IS TO ASK FOR ADDTIONAL INFORMATION.

I have been offended and discriminated against by the Illinois Department of Children and Family Services!!!

Update: January 27, 2009

I sent this correspondence for the first time to The Associates. I found out that The Associates application processes to provide services to DCFS clients has changed since employing me. Has DCFS punished The Associates for hiring me? What type of professional and ethical practice is Director Erwin McEwen allowing? Is it not enough that DCFS is punishing me? Are they punishing the entity that allowed me to work? Is this what President Obama is promoting?

Update: March 6, 2009

On March 5, 2009 I filed a wage claim with the Illinois Department of Labor against Haneefah Booker LCSW & Associates. The Associates have not paid me for services rendered in the amount of $545.00 for the months of December 2008 and January 2009 stating "As you know you are paid when DCFS reimburse us...." I signed a "Service Subcontract" with the Associates when I became employed with them. No where in the "Service Subcontract" is there language stating I have to wait to DCFS pays them in order to get paid. The "Service Subcontract" states I get paid monthly. It appears the Associates are playing games as DCFS plays their games with my employment.

Update: March 12, 2009

On or about March 7, 2009 I received a voice mail from Ms. Booker of Haneefah Booker LCSW & Associates. The following is my response to her voice mail.

Ms. Booker:

I received both voice mails today, March 7, 2009, regarding the monies owed me for services rendered. I do not think there is anything for us to talk about on the phone at this time. I have talked to you over the phone on numerous occassions about the money owed me for services rendered. It appeared to me you were addressing my request for my money in an arrogant and superior fashion. Your voice mail confirms my suspicions.

You talk about how you are disappointed I took my issues to the Illinois Department of Labor. I am disappointed that you did not concern yourself with paying to your employees. You minimize my concern when you talk about the amount of money your company owes me. I have bills and other obligations just as you.You talk about how I should have contacted you before I filed my complaint with the Labor department. What do you call it when I have called and asked you on numerous occassions when will I get my money. You had the audacity to send me an e-mail stating I had to wait until DCFS paid you before you can pay me. That is not in the contract agreement, and it is not professional.

You are not alone. There are many others like you. If you cannot afford to pay a person because of funding, you have to lay-off the person.You talk about DCFS/the State of Illinois' being broke. If you are aware of this, you should have contacted your representative alerting them that your staff could no longer provide services to their clients until they were paid and that you would have to start laying off staff. Surprisingly, they would have done something because they have to serve their population. It is because of vendors like yourself making your employees suffer that DCFS and other State of Illinois entities continue their unprofessional practices. You guys are scared to address the issues. Anyone that operates professionally in this manner is pathetic.

You spoke about the recent death of your son. My family sends their condolences. My second wife of 16 years was murdered on July 5, 1993 while I was incarcerated. My 9-year-old daughter found her body, with the bullet hole in her head. When I came home I had to deal with this trauma to my daughter, and raise her as a single parent. This daughter is now in a Master degree program. I did not allow this traumatic experience to affect my professionalism and responsibility. Because I was beginning to learn how to be a counselor, I was able to help my daughter and myself survive our circumstances. I was aware of the experiences and professional assistance I could get to deal with separation, death and dying.

You state I did not have to go to this extreme of filing a charge with the Labor department. Well, all you had to do was pay me my money. You talk like it is my fault that I did not get my money. This is the arrogant behavior I am talking about. It is the same arrogant behavior Christy demonstrated when I alerted her to the "release of information" form she gave me to get information from a client when the form requested information from your company. Christy acted like I was not and could not correct any mistakes I saw coming from her. Everyone makes mistakes. When you cannot admit to your mistakes, they continue to happen.When you pay me my money, the complaint filed with the Labor department will cancel itself when they find out I have received my money. Paying me my money before the Labor department contacts you shows good faith in your obligation to an employee.

You talk about how the Illinois Department of Labor will not act on my complaint because I am an independent contractor. If they act or do not act does not concern me. My concern is that if I have to pursue this issue in a court of law the Judge will ask me if I have exhausted all administrative remedies. If I have not exhausted all administrative remedies, the Judge will dismiss my complaint and make me start all over again.By going to the Department of Labor and receiving any response from them, I have exhausted my administrative remedy. I can go to court asking for additional monetary compensation from you because I have not received the remedy I should have received in the beginning, which is my pay. If I have to go to court, there will be court cost to me that I will ask the court to make you liable for because you did not give me my money.

Therefore, I await the money you say you are going to pay me by Friday, March 15, 2009.

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Illinois Department of Central Management Services: Disparate, Indifferent and Nefarious Employment Practices

By Fred from South Holland, IL - Jan 16th, 2009 at 2:51 pm EST

My God’s Word says “…Touch not the head of my anointed…” All those who have persecuted me and others, my God will persecute and destroy them. In the words of a Gospel singer, “How great is my God, sing with me; How great is my God, and all will see; How great, How great is our God.”

Update: January 21, 2009

On January 5, 2009 I talked to Mr. Dale McElroy of the Human Resources Department for Ludeman Center in Park Forest Illinois. I was applying for the position of Social Worker II. Mr. McElroy informed me the position was open but that I needed a passing grade from CMS to apply. Because of the nefarious and contentious acts of CMS, I was not able to obtain this employment position.

On January 5, 2009 I attempted to give Mr. Dale McElroy this cover letter with my curriculum vitae before he informed me I needed a passing grade from CMS.

January 5, 2009

Mr. Dale McElroy, Human Resources
Ludeman Center – Building 60

114 North Orchard Drive
Park Forest, Illinois 60466

Re: Employment Letter of Interest – Psychologist II & Social Worker II

I have a Bachelor Degree in General Studies, focusing on Social Science, and a Master Degree in Community Counseling from Chicago’s Roosevelt University. I have completed core classes toward a PhD in Human Services with a focus on Social Policy Analysis and Planning with Walden University. I expect my PhD in February 2009.

My curriculum vitae will illustrate and demonstrate vast knowledge areas of human/social service. I have worked extensively with mental health clients for community-based organizations. In some of these positions, I have worked as a supervisor. My supervisory positions from May 2008 through March 1995 include:

(1) I was responsible for the supervision of 4 staff delivering clinical substance abuse treatment in a therapeutic community to clients/inmates participating in the Sheridan Project at Sheridan Correctional Center. In addition to these duties, I assumed responsibility for overseeing counselors in the absence of other supervisors; (2) I supervised 6 staff for the daily operation of the psychosocial day treatment program and rehabilitation groups. I produced and tracked monthly and quarterly reports of all statistical data and on-site employee training of contractual agreements with the Office of Mental Health for Community Mental Health Council, Inc.; (3) I supervised 7 staff and monitored the development, direction and implementation of contractual obligations and daily operations of various programs for Olive Branch Mission’s division of homeless services; (4) I was the Director of the Human Resource Development Institute, Inc.’s mental health housing program supervising 33 staff, which 3 staff were supervisors, responsible for the daily operations of three residential houses for their mentally challenged clients, along with planning and implementing a variety of quality improvement programs, especially in the area of clinical services. In another capacity prior to this assignment, I supervised their Early Childhood program where I was responsible for the daily operation supervising 6 staff. In addition, I assisted with writing proposals for the mental health program; and (5) I was a Group Home supervisor for Nahamani Family Service Center, Inc. supervising 6 adolescent child care staff, coordinated in-service training, day-to-day management of program activities for females. I also participated in the hiring and evaluation processes.

I have excellent communication and written language skills. I am skilled in multiple computer applications. I am team oriented and a company man. I value and expect integrity in the workplace. I have a great ethical standing. I am a highly structured individual and follower of policies and procedures.

Fred Nance Jr., ABD, MA, CADC, NCRS

On September 10, 2008 I sent this letter to CMS:

September 10, 2008

Central Management Services
Springfield Office – Central Office
William G. Stratton Building
401 S. Spring St., Room 500
Springfield, Illinois 62706

Re: Employment Applications

To Whom It May Concern:

I applied for the following employment on the Central Management Services (CMS) website. Reviewing CMS’ website for status, the following is revealed:

Public Service Administrator Opt 2 – June 18, 2008 Evaluating Training and Experience
Employment Security Program Representative, Intermittent-Opt SS – June 18, 2008
Child Protection Specialist – June 18, 2008 Application Received
Child Welfare Specialist – June 18, 2008 Application Received
Social Worker II – June 18, 2008 Application Received
Public Aid Family Support Specialist – June 18, 2008 Application Received
Social Service Program Planner III – June 6, 2008 Application Received
Public Service Administrator Opt 8S – June 6, 2008 Application Received
Public Service Administrator Opt 6 – June 6, 2008 Application Received
Public Service Administrator Opt 1 – June 6, 2008 Evaluating Training and Experience
Human Services Caseworker Opt SS – June 6, 2008 Application Received

Could you please review my applications for these positions and respond?

Thank you.

Fred Nance Jr., ABD, MA, CADC, NCRS

January 16, 2009

Illinois Department of Central Management Services
Mr. James P. Sledge, Director
500 Stratton Office Building
401 South Spring Street
Springfield, Illinois 62706

CERTIFIED MAIL

CMS Social Worker Status

Mr. Sledge:

On January 5, 2009 I appealed a failed grade of Social Worker II. On January 15, 2009 I received a letter from Ms. Crystal Filson stating that I failed to meet the minimum requirements for Social Worker II, which she reports is a Master degree in Social Work. Ms. Filson reports “if a participant does not possess a Master degree in Social Work they are rejected….” Sir, there are comparable Master degrees for Social Work. The fundamental nature of a Social Work degree is the required classroom work and courses.

According to the National Association of Social Workers (NASW), the primary mission of the social work profession is to enhance human wellbeing and help meet the basic human needs of all people, with particular attention to the needs and empowerment of people who are vulnerable, oppressed, and living in poverty. A historic and defining feature of social work is the profession’s focus on individual wellbeing in a social context and the wellbeing of society. Fundamental to social work is attention to the environmental forces that create, contribute to, and address problems in living.

Social workers promote social justice and social change with and on behalf of clients. “Clients” is used inclusively to refer to individuals, families, groups, organizations, and communities. Social workers are sensitive to cultural and ethnic diversity and strive to end discrimination, oppression, poverty, and other forms of social injustice. These activities may be in the form of direct practice, community organizing, supervision, consultation administration, advocacy, social and political action, policy development and implementation, education, and research and evaluation. Social workers seek to enhance the capacity of people to address their own needs. Social workers also seek to promote the responsiveness of organizations, communities, and other social institutions to individuals’ needs and social problems. (NASW, 2008)

Sir, Ms. Filson reports in her review of my application, I have a Master degree in Community Counseling. Ms. Filson fails to consider my Master degree comes from the prestigious Roosevelt University in Chicago, an accredited and recognized university. Ms. Filson fails to consider my Master degree program major was Mental Health Counseling. Ms. Filson fails to consider I have similar classroom work and courses meeting the standards of a Master degree in Social Work, such as Foundations of Counseling (3 hrs-grade B), Topics & Issues in Human Development (3 hrs-B), Human Appraisal (3 hrs-grade C), Theories/Dynamic Group Counseling (3 hrs-grade A), Social & Cultural Foundations (3 hrs-grade A), Community Mental Health Counseling (3 hrs-grade B), Diagnosis & Treatment Planning (3 hrs-grade A), Topics in Substance Abuse (3 hrs-grade A), Statistics & Research Methods (3 hrs-grade A), Marriage and Family Counseling (3 hrs-grade A), Career and Lifestyle Planning (3 hrs-grade A), along with practicum (6 hrs-grade B) and internships (6 hrs-grade A). (Transcript attached)

Ms. Filson fails to consider my PhD course work in Human Services, focusing on Social Policy Analysis and Planning. Ms. Filson fails to consider my PhD will come from Walden University, an accredited and recognized university. Ms. Filson fails to consider I have similar, if not higher, class work and courses meeting the standards of a Master degree in Social Work, such as Theories of Societal Development (5 hrs), Research in Societal Development (5 hrs), Professional Practice & Societal Development (4 hrs); Theories of Human Development (5 hrs), Research in Human Development (5 hrs), Professional Practice & Human Development (4 hrs); Theories of Organization/Social Systems (5 hrs), Research in Organization/Social Systems (5 hrs), Professional Practice & Organization/Social Systems (4 hrs); Data Analysis in Human Service Research (5 hrs), Theory & Model for Professional Practice (5 hrs), Evaluation of Theory & Model (5 hrs), Integrating Theory & Practice (4 hrs); Theories of Intervention (5 hrs), Delivery Systems & Ethic Consideration (5 hrs), Strategy & Ethical Practice (4 hrs); Case Study Research & Applied Change (5 hrs), Case Study to Applied Change (5 hrs), Case Study of Applied Change (4 hrs); Research Forum (30 hrs) (Dissertation in progress). I have a total of 122 hours in my PhD program. I expect my PhD in Human Services with a focus on Social Policy Analysis and Planning in February of 2009. (Transcripts attached)

Sir, Ms. Filson reports the minimum qualifications for Social Worker II is a Master degree in Social Work from a recognized college or university supplemented by one year of professional social work experience in the evaluation and treatment/habilitation of mental illness, developmental disabled or other disabled persons. I have 13 years of social work experience.

Sir, why am I being held to a higher standard than similarly situated individuals? There are individuals working for the State of Illinois, in the capacity of a Social Worker, with comparable skills and degrees. This decision by Ms. Filson is indifferent and disparate treatment. It appears that whatever employment opportunity I pursue with the State of Illinois I am treated with biases and prejudices.

Sir, I am posting this letter on my blogs suggesting I meet the criteria further as outlined in NASW’s Preamble of their Code of Ethics, such as being an advocate for social justice and injustices among the many other parts of the criteria as my blogs will demonstrate.

Please re-consider my application for Social Worker II, giving me a passing grade because I meet the basic criteria of a social worker as described by the National Association of Social Workers. Ms. Filson’s letter is attached.

Respectfully submitted,

Fred Nance Jr., ABD, MA, CADC, NCRS

cc:

Ms. Crystal Filson
http://clickforjusticeandequality.blogspot.com/
http://click.townhall.com/
http://clickforjusticeandequality.wordpress.com/
http://www.frednance.newsvine.com/

January 4, 2009

Illinois Department of Central Management Services

500 Stratton Office Building

Springfield, Illinois 62706

Re: Social Worker 2 – Failed Grade

To Whom It May Concern:

I am appealing the “Failed” grade given to me for the Examination Title: Social Worker 2. I believe I am totally eligible for this examination title. I have worked in the field of social services for the last 14 years. I have had many positions providing services comparable to a social worker.

I have a Bachelor Degree in General Studies, focusing on Social Science, and a Master Degree in Community Counseling from Roosevelt University. I have completed core classes toward a PhD in Human Services with a focus on Social Policy Analysis and Planning with Walden University. I expect my PhD in February 2009. My academic achievements, attendance at conferences and lectures, and my CADC and NCRS certifications satisfy the minimum requirements to be a Social Worker 2. These achievements have made me eligible to sit for an exam to become a Licensed Professional Counselor (LPC) and Licensed Clinical Professional Counselor (LCPC). My employment achievements and processes have also prepared me and have enhanced my skill level to perform the duties of a LPC and LCPC. The only thing I am prohibited from doing at this time is signing off on documents that are normally signed off on by a LPC and LCPC.

Therefore, I am attaching the CMS Grade Notice exam date October 23, 2008, my curriculum vitae and copies of my official transcripts from Roosevelt University and from Walden University. Please review and consider a passing grade for examination title: Social Worker 2.

Thank you.

Fred Nance Jr., ABD, MA, CADC, NCRS

Update: January 16, 2009

What happens in the State of Illinois may define President Obama's legacy. Voters will believe the politics practiced in the State of Illinois and its governmental entities are indicative of President Obama policies. I am posting letters I have written to the Illinois Department of Children and Family Services and to the Illinois Department of Central Management Services on President Obama's website to alert the public-at-large as to the employment practices of these 2 Illinois governmental entities.

As President Obama seeks assistance from the Senate and House of Representative to allocate monies to stimulate the economy with jobs, he needs to consider his home State of Illinois and its employment practices. As illustrated here in the letter below, the Illinois Department of Central Management Services employment practices demonstrate disparate and indifferent treatment, biases and prejudices, and most importantly nefarious acts of separatism and nepotism. Giving money to create employment and boost the economy of the State of Illinois is a mistake. If President Obama allows monies to come to the State of Illinois without strict monitoring, he will be embarrassed.

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Utica Illinois: Racism is alive and well in Illinois

By Fred from South Holland, IL - Dec 2nd, 2008 at 11:33 am EST

Update: March 3, 2009

This writing will be posted on President Obama’s website.

This is an e-mail I received from Ms. Robin. She gave me permission to post it on my blogs. Mr. President (President Obama) this woman should not have to live like this in America. It appears that local authorities, such as the Utica police department, Illinois State police, the District Attorney for Utica Illinois are turning a “blind”eye to this lady’s circumstances. How long must she go through this ordeal with a racist neighbor whose behavior is criminal in nature, along with violating Mr. Robin’s civil rights? Who will defend her honor and integrity? Can you assist her since no one else will?

This is the e-mail Ms. Robin sent me. I did not edit it. How it reads, is how it came to me.

Hello Fred:

My apologies for taking so long to get back with you. The day of the meeting in Jan. I received a call from the mayor, he asked me if my intentions were to still come to the city meeting that evening. I did tell him that I had all intentions of being there, and that is when he began to explain the problems that would arise by my attendance. He went on to say that if I attended that Mr Johnson would also be there and it would turn into a screaming match. I told him I do not have to scream to be heard. He also told me that it would be very hard for me to prove what I was stating, ( I suppose all the eye witnesses would be meaningless) and that it would become a He said She said issue. He also in a gentleman way asked me not to attend but if I felt that by attending it might serve a purpose then I should come, but what he really was asking that I do not come. He said that anything that I needed to call him personally and he would take care of it. Ha Ha, at this point I have to laugh at how things are dealt with here. I brought up in the conversation that I had to have a fence installed between our properties, and even if I placed it within 1 ft of my property I would be dealing with Mr Johnson's attacks if I stepped on the other side to maintain the fence and any overgrowth along the fence line and what and how I would then have to deal with the city if I was not able to step around my fence to maintain it. I also brought to his attention the illegal No parking signs Mr Johnson had erected in front of his home ( the city came out the next morning and removed them ) There is also the fact that Mr. Johnson runs a business in a building on his property and I stated how that was unfair to others that run legal business in town that had to pay taxes and also they are in a commercial zoning and he was in a residential I brought up these things because I want to send a message to Mr Johnson that he is not above the law.

In a gentleman way he asked if I did not attend because of the discord that would take place. I reminded him I have been dealing with discord for more than one evening. A few days after the meeting I went into our local grocery store, while I was in there I ran into a neighbor from down my street and also a candidate that is running for mayor against our present one in the upcoming election. While I stood at the checkout he walked up and said to me "Hi neighbor, I didn't see you at the city meeting in Jan. They had posted on the agenda that it was a discussion of you and Mr. Johnson," I replied, that "due to the weather and that I had a conversation with the mayor the day of the meeting I decided not to go". He then replied back, " That's all everyone in town is talking about, I was hoping to see a showdown between the two of you", then went on to tell me that he had ran into Mr. Johnson in the same store recently, and thought he would not tell me what he said, but that he said some things to aggravate Mr. Johnson about me and then he left the store quickly, so the girl that works there at the store would have listen to Mr. Johnson ranting about his comments. He also told me that he along with other people find it funny of what has been going on between myself and Mr. Johnson". I was so furious I could not talk. I thought how could anyone find this humorous? I am happy to hear that there are people that live here including a neighbor who is running for mayor can sit and laugh at my expense over an issue that is serious. This shows me the mentality of how things are viewed here. This person's name is Jimmy Shrader and with my conversations with him, shows me the immaturity that he has and is not capable to oversee even a small town such as ours.

Because the weather turned very bad that night I did not attend, but I have been taking measures that will not only prove legally what Mr. Johnson has been doing. New Years day my husband came home and was taking the garbage out. Mr. Johnson came running out of his house yelling at my husband " pay backs are hell buddy" and you're gonna get yours" My husband came in the house and asked what was he talking about. I did not hesitate I called the police, what Mr. Johnson was saying was a threat. Jerry from the K-9 unit responded along with the conservation and state police. Mr Johnson denied what he said which Jerry stated he always does. But I have not heard a word from Mr Johnson since.

When I was at the last meeting, I brought up that I was going to have a guard dog on my property and I wanted to know what breed would not be allowed according to the city ordinances. Jerry from the K-9 unit asked if I did get one to let him know.In the meantime I have traveled to Ohio and bought a Doberman puppy that it being trained to be a family pet but also to be obedient to watch our property. I had a conversation with Jerry from the K-9 unit that I had gotten her and she was starting training. I also wanted him to be aware in case he would have to be called again to come to our house. I asked him to spend time with her also, so she is familiar with him. Right now she is 9 weeks old and is like having another 2 yr old in the house. I do want her to be approachable, but obedient. She is doing well at this time in her training and she will be not only a faithful family dog but also a dog that will not allow intruders to trespass.

I chose this breed as a psychological effect it will have when others approach us or our property, but also they are very good family dogs. I am also having installed video surveillance alongside that faces Mr Johnson's property. Once weather breaks my yard will be totally fenced in, unfortunate it will look like a fortress but some of this I do to send a message that I will not tolerate trespassers and it will block any views that Mr and Mrs Johnson from sitting in their windows watching to see what we are doing here on our property.

With all the interruptions while trying to get the house erected it caused a delay which affected my home loan which was cancelled out yesterday and I have to restart the whole loan process again. It was disheartening but I am not one to lie down and give up, so I am beginning the process of re-filing once again all my paperwork for the bank.

In the meantime I have had the builders of my home send me an intimidating letter which I then forward this to my attorney. I contacted them to tell them I was not going to tolerate tactics such as theirs and that under the advice of my attorney not to have any more contact with them.

Because of the many delays that have taken place, with my contractors while they tried to work around Mr. Johnson. My loan process went into 6 months sitting on a underwriters desk filed approved to no loan at all, and this after 3 missed closing dates. So now I am dealing with threats of legal actions from the builders while I began a new loan process.I will get through it as many other obstacles that have come my way. But it does get tiresome.

I am not letting the city off the hook here. I am going to continue to hold them responsible to do their job. When the fence construction begins I have a video cam to tape the process and any outburst that might arise from it. The two officers that have been supportive of me told me the more paperwork I have it will give me the sources needed in the courts.When all this is completed, I am going to look into any legal actions I may be able to take against Mr. Johnson that contributed to the delays in rebuilding. I do have some contractors that are working with me still and are very understanding with everything that has taken place here and are willing to go into court to testify.

So at this moment that is where things are. The quietness will only be until warm weather comes, that is his pattern.

Update: February 19, 2009

I will post Mrs. Robin's e-mail in a few days.

February 19, 2009 Illinois State PoliceMr. Larry G. Trent, Director801 South Seventh Street, Suite 1100-SP.O. Box 19461Springfield, Illinois 62794-9461 Re: Racism in Utica Illinois – Mrs. Robin xxxxxx Mr. Trent: I am in receipt of your letter to me dated January 16, 2009 addressing the racial acts perpetrated against Mrs. Robin by her neighbor Mr. Dick Johnson in Utica Illinois. Your letter states in part “…According to the attorney for the city of North Utica, the complainant, Mrs. Robin, was scheduled to voice her allegations before the Mayor of Utica and the Village Board of Trustees on January 14, 2009. Mrs. Robin’s presentation to the Board is an appropriate course of action in seeking a resolution to this matter.” This is ludicrous and a miscarriage of justice. I received another e-mail from Mrs. Robin reporting that Mayor Fred Esmond of Utica Illinois asked her not to attend this meeting. Mrs. Robin did not attend the meeting. Mr. Dick Johnson’s racist behavior continues. If this was a black man perpetrating this racial hatred to a family, your office or any police official would have arrested him. They would not tell the victim to attend a public Village Board meeting to address their issues. What Mr. Johnson has done to Mrs. Robin and her family is criminal in nature. Since U.S. Attorney General Eric Holder has had the courage to stand up and address racism in the United States, I will forward all material I have submitted to you (all e-mails from Mrs. Robin), your letter to me and this letter to you. I will send to you with this letter the most recent e-mail, since you have all of the other material listed above, that I received Mrs. Robin regarding her issues of racial disparities and indifferent treatment with law enforcement in Utica Illinois. Respectfully submitted, Fred Nance Jr., ABD, MA, CADC, NCRSSocial Policy AnalystP.O. Box 93Thornton, Illinois 60476 cc: U.S. Attorney General Eric Holder Mr. Larry G. Trent, Director Illinois State Police (U.S. mail & fax) Mr. Ed Kelly, Assistant State’s Attorney, LaSalle County, Ottawa Illinois (fax)

Update: January 27, 2009

I received a letter dated January 16, 2009 from Illinois State Police Director Larry G. Trent. The letter states "...I am in receipt of your e-mail and fax of the letter you received from Mrs. Robin...expressing concern about the alleged misconduct of the Chief of Police of North Utica. According to the attorney for the city of North Utica, the complainant, Mrs. Robin..., was scheduled to voice her allegations before the Mayor of Utica and the Village Board of Trustees on January 14, 2009. Mrs...presentation to the Board is an appropriate course of action in seeking a resolution to this matter...Hopefully, this meeting and any subsequent actions will provide a positive outcome for all involved in this unfortunate situation. Thank you for writing and expressing your concerns...."

Update: January 3, 2009

Hello Mr Nance

In Dec. I did not make the deadline to turn in my agenda for the Dec city counsel meeting, however I did attend and was able to speak at the end of the meeting about the issue with my neighbor and what could be done to stop it.

While I addressed the issue of the conflict of interest with the chief of police, he left the room, however there was another police officer that was there and also assured me he would be watching out for me. Things became very quiet here until this last week.

After talking to 2 contractors almost begging them to finish up my siding on my home so I could get the appraiser here, neither would do it due to the fact of the neighbor, so this past tues. I was able to get a contractor from downstate IL to come up and finish the work. While they were unloading their supplies in the back which at this time the only access to my home is from the alley.

Mr. Johnson called the police complaining about the alley blocked which in fact there was plenty of room for the police officer to drive around their truck. I let it go and kept my self focused on tying up loose ends that needed to be done before the appraiser came yesterday. However Mr Johnson had an incident which I was not aware of until my husband went outside thurs to pick up any left over pieces from the siders.

Mr Johnson came out in his yard screaming at my husband telling him he knew we threw dog feces on his truck and that he assured my husband " paybacks are hell buddy and you're going to get yours." I did not hesitate I called LaSalle county and the Utica, conservation and state police came. I explained to them that Mr Johnson said he had an incident and that he was going to retaliate against us.

I am unsure if there even was an incident due to the fact the police did not even know about it, We told them that the last thing we are going to do it give the man any reason to harass us. Jerry who is the K-9 unit went over and told Mr Johnson he was not going to threaten nor accuse us of something he had no knowledge of who did it. Jerry did come back over and told me that he was going to file the report and he made it very clear that I needed the paper trail if I am going to get Mr Johnson to stop the harassment.I did obtain information from one of our local business people that this past summer the police chief gave a written notice to a lady in town that was yelling at a construction worker working in front of her house.

Mr Bernadoni did tell the lady if she did it again she would go to jail. However he does not apply that to his friend Mr Johnson. My agenda will be coming up in the Jan meeting and I will be there to ensure something is done.When a person tells me that they are going to get even, I take that as a threat and I am not going to sit and wait to see what the man does. I am going to try and head things off before they happen.We were also told thurs by the police Mr Johnson is not going to stop and that this coming spring he will more than likely get worse while we are outside. I am not going to allow this man for one more day make me fear of going outside even if it is to my car. I have dug my heels in and I am now focused to stop him.

I have realized he has some serious issues and it is though he is obsessed with creating problems. I realize I have to shove his issues back to him and not place them on us. One thing I am addressing to the board of why Mr Johnson is allowed to run a business in a building that is in a residential zone, without a licenses. I have a list of illegal city ordinances that Mr Johnson has on his property so I will use this to send a message that I will not tolerate what he is doing and that he is not above the law.

I am contacting a civil attorney to see what exactly I can do in the court system to bring Mr Johnson in front of a judge. Not only has Mr Johnson caused distress he has also cost me monies of three missed closing dates with the bank due to contractors walking off the job because of him screaming at them. So I am in the process of putting my case together against him.

Thank you for emailing me and checking to see how things are going. I will keep you updated to what seems a never ending issue. May God Bless you and your family this New Year. -

Robin-

December 1, 2008

Village of North Utica Illinois

Honorable Mayor Fred Esmond

801 S. Clark Street

Utica, Illinois 61373

Mr. Mayor:

On Friday, November 28, 2008, at approximately 6:24 pm and Sunday, November 30, 2008 at approximately 4:12 pm I received emails responding to a writing I have on one of my blogs at http://clickforjusticeandequality.wordpress.com/. This writing was from a resident of Utica Illinois. The resident, Ms. Robin Lawson, reports your Chief of Police, Joseph Bernadoni, is supporting racism, harassment and intimidation by not enforcing the laws of Illinois. She also reports Mr. Dick Johnson is harassing, intimidation and threatening her with racial slurs, which Joseph Bernadoni has witnessed. Ms. Lawson reports there are police reports to support her allegations against these two men. Apparently, your office is aware of these threats of violence also. Why has Mr. Johnson not been arrested?

From the information provided to me in the email, which I will send you a copy, Ms. Lawson resides at 244 W. Washington Street, Utica Illinois. Apparently, Ms. Lawson has a neighbor, Mr. Dick Johnson, who harasses, intimidates, threatens and promotes racism and violence with his language to her. Ms. Lawson reports calling your police department several times about being harassed, intimidated, and threatened with racism slurs, with no results. Ms. Lawson reports one of your police officers stated there is no law against harassment. That is not true. There are laws for this type of crime. This is criminal behavior.

The following is reported in the emails I received from Ms. Robin Lawson:

“Racism is alive and well in Utica, IL. My husband and I adopted a bi-racial baby girl who is now 2 yrs. old. Since the adoption we have been dealing with a neighbor that has harassed, used intimidating and racial slurs on a routine basis whenever we are outside our home and within sight, this being done while the chief of police stands next to him and does nothing about it, not even a warning. Our home burnt this past June and this neighbor has done everything possible to stop my family and the contractors from rebuilding. This past Monday I had to call the LaSalle County Police because as I was standing in front of my home with the concrete contractors this man came running out cursing and screaming obscene language while the Chief of Police stood inside this man’s home and said nor did anything about it. Once the County police showed up I was informed by the officer that there was no law against harassment. My little girl, an innocent child is going to have to hear the N word from a racist neighbor while playing in her own yard. She will now be exposed to foul and volatile language while she is in her room playing if the window is open or if we go outside…The police chief Joe Bernadoni and this neighbor Dick Johnson are friends. ..When the building inspector went to my property to go over the measurements, he had to have a police officer with him. Last Monday when this newest incident occurred I was standing in the street in front of my home when he came across two lots to get to me. The LaSalle County officer when he did arrive spent more time running my name to see if I had any warrants than anything else. I told him I wanted something done about this man and that is when I was told there is no law against harassment. I asked him to write something so I would have at least a piece of paper that he was even there. He did go over and speak to the man and he himself witnessed the hostile personality yet did nothing. Since the beginning of losing my home this man has called the city attorney and mayor to try and stop me from rebuilding on my property. There is a city board meeting Dec 10th which I am going to attend. What I truly find amazing this man can be outside screaming obscene things at me while I am standing there holding my little girl and then go inside his home get dressed and walk across the street to the catholic church he is a member of and also a 4th degree knight with the Knights of Columbus. My husband works out of state and is only home on the weekends. He was upset with me that I am making this issue public, he tells me that It will isolate us in the community, and may create an enemy with the police chief…I am feeling fear due to the fact the man is unpredictable and he runs an illegal taxidermy shop next to us filled with guns. My town has a 99% white population and though many people support me it is only behind closed doors. I don’t know who to turn too to help stop this unexcusable and hideous behavior.”

This is outrageous!!! This is ludicrous!!! If this is true, the Chief of Police and Dick Johnson are cowards and should be prosecuted to the fullest extent of the law. Why doesn’t Mr. Johnson harass a man? Only cowards do things as described in this email. The world needs to know that racism is alive in Utica Illinois. Also, from the information in this email it appears that you know about this situation Mr. Mayor. It also appears that your city attorneys know about this harassment, intimidation and threats of violence are taking place.

Therefore, I have posted this message on my blog at http://clickforjusticeandequality.blogspot.com/ to alert the world of the character and behavior of the officials of Utica Illinois. I have contacted and sent these emails to The Times newspaper (serving Ottawa and Streator Illinois) and The Rainbow/PUSH Coalition. I am in the process of sending this correspondence to LaSalle County State’s Attorney Brian Towne.

Sir, I will send this correspondence to you by email and fax. I will send this correspondence to Mr. Tom Guerrero by email, who sits on the Village of Utica’s Committees Police, Public Health and Safety.

Mr. Mayor, how can you allow this woman to become a hostage to threats of violence in her own home? The people who are responsible for these acts should be prosecuted. If Chief of Police Joseph Bernadoni has working knowledge of these criminal acts, he should be prosecuted, fined, disciplined and fired. The burning of Ms. Lawson’s home should be investigated to its fullest.

I was going to fax this correspondence to the LaSalle County Sheriff, Tom Templeton, and to the Chief of Police Joseph Bernadoni as a courtesy. After engaging a member of the LaSalle County Sheriff’s office, who identified himself as Corporal Carmean, who refused to give me a fax number for the LaSalle County Sheriff’s office and who did not know how to spell Sheriff Templeton’s name, I decided to forego this courtesy. I decided to forego the courtesy to Mr. Bernadoni because I may get the same hostility. They can read about it on my blog.

Respectfully submitted,

Fred Nance Jr.

Social Policy Analyst

Counselor/Therapist

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President Barack Obama - What will you do about reducing recidivism and corruption in government in the United States, specifically, Illinois and Sheridan Correctional Center?

By Fred from South Holland, IL - Aug 8th, 2008 at 12:17 am EDT

Update: January 5, 2009

Illinois Governor Blagojevich: Did he sell the contract at Sheridan Correctional Center to the highest bidder?

How much of this money did Governor Blagojevich and his corrupt regime pocket? Did WestCare Foundation, Inc. pay Governor Blagojevich and his corrupt regime for this contract at Sheridan Correctional Center? Is the Federal Government investigating the contracts awarded to Sheridan Correctional Center?

The Human Resource Development Institute, Inc. (HRDI) was one of the bidders for this contract. HRDI is a community-based social service agency providing optimal and comprehensive substance abuse services in Chicago. HRDI has a contract providing substance abuse services at the Cook County Jail in Chicago. HRDI is culturally sensitive and has a diverse employee base proportionate to the population at Sheridan. As compared to the racist attitudes and behaviors of the present employees of WestCare Foundation, Inc. at Sheridan. Why didn't Governor Blagojevich give the contract to an Illinois community-based organization.

The contract to provide substance abuse services at Sheridan is worth $26,137,309.47. The taxpayers of Illinois are footing this bill. WestCare Foundation, Inc. is based and has its corporate offices in Las Vegas, Nevada. Why did Governor Blagojevich and his corrupt regime give this contract to an organization outside of Illinois? Who in the Governor's office profitted from this award?

The following below is the data on this contract.

Notice of Award

http://www.purchase.state.il.us/ipb/publicno.nsf/frmBidDocFrameset?ReadForm&RefNum=22011341&DocID=86256A5B0069A13B8625720600582F2A&view=search

Notice Addendum

http://www.purchase.state.il.us/ipb/publicno.nsf/frmBidDocFrameset?ReadForm&RefNum=22011341&DocID=86256A5B0069A13B8625720600757F6A&view=search

Update: December 9, 2008

Federal authorities arrested Illinois Gov. Rod Blagojevich Tuesday on charges that he brazenly conspired to sell or trade the U.S. Senate seat left vacant by President-elect Barack Obama to the highest bidder.Blagojevich also was charged with illegally threatening to withhold state assistance to Tribune Co., the owner of the Chicago Tribune, in the sale of Wrigley Field, according to a federal criminal complaint. In return for state assistance, Blagojevich allegedly wanted members of the paper's editorial board who had been critical of him fired.

A 76-page FBI affidavit said the 51-year-old Democratic governor was intercepted on court-authorized wiretaps over the last month conspiring to sell or trade the vacant Senate seat for personal benefits for himself and his wife, Patti.

Otherwise, Blagojevich considered appointing himself. The affidavit said that as late as Nov. 3, he told his deputy governor that if "they're not going to offer me anything of value I might as well take it."

I have been writing to Federal and Illinois Government officials in Illinois for the last 2 years about alleged corruption in Governor Blagojevich’s office. I wrote President-elect Obama when he was an Illinois Senator. When I worked at Sheridan Correctional Center as a clinical supervisory counselor I suggested corruption in the Governor’s office and Sheridan Correctional Center when AFSCME Union Local 31 conducted a strike at Sheridan Correctional Center on June 6, 2006. I suggested corruption in the Governor’s office with the contract given to West Care Foundation, Inc. at Sheridan Correctional Center to provide counseling services to the inmates. West Care Foundation, Inc. is based in Las Vegas, Nevada. My employment at Sheridan Correctional Center was terminated on or about May 15, 2008. I was a supervisor. When Warden Michael Rothwell took my security clearance on or about May 15, 2008 he did not give me a reason. I wrote Illinois Department of Corrections’ Director Roger Walker, who has not answered my letter to give me a reason why they took my security clearance. Read my writings regarding the indifferent and disparate treatment, and racism at Sheridan Correctional Center on my blog at http://clickforjusticeandequality.blogspot.com/ and on President-elect Obama’s website. I am posting this comment on my blogs at http://clickforjusticeandequality.wordpress.com/, www.frednance.newsvine.com/ and http://click.townhall.com/, and on President-elect Obama’s website.

I want to suggest a "criminal" conspiracy between Governor Blagojevich, AFSCME Union Local 31 and the Illinois Department of Corrections against Gateway Foundation, Inc. (Gateway) to force them to give up their contractual agreement to provide counseling services at Sheridan Correctional Center (Sheridan) when they allowed the strike of June 6, 2006 at Sheridan and prevented Gateway employees from crossing the picket lines. This conspiracy may involve Governor Blagojevich, Deanne Benos, Roger Walker, Michael Rothwell and officials of AFSCME Union Local 31. This conspiracy paved the way for West Care Foundation, Inc., which may be in bed with this conspiracy. Follow the money.

Update: October 23, 2008

10/23/2008: New Toolkit on Law Enforcement Role in Prisoner Reentry: Four Agencies Selected as "Learning Sites" with Justice Department Grant Reentry Policy Council How can reentry work with entities like Illinois' Sheridan Project, which operates out of Illinois' Sheridan Correctional Center? Read my articles on the blatant racism, indifferent treatment and discriminatory practices by Sheridan Correctional Center and WestCare Foundation, Inc. WestCare provides the substance abuse counseling services at Sheridan Correctional Center.On October 23, 2008 I was informed from a reliable source that Melinda Gubbels was the supervisor in Building 23 at Sheridan Correctional Center. Melinda Gubbels, who is a white female, filed false charges with WestCare against Fred Nance Jr. for sexual harassment in November of 2007. WestCare determined the charges by Ms. Gubbels were unfounded. When it was time for Ms. Gubbels to face Mr. Nance with her accusations she called off sick from work. Nevertheless, WestCare "rewards" racism, indifferent treatment, prejudice and discrimination by promoting a person like Ms. Gubbels who WestCare "knows" filed false charges against a fellow employee.WestCare terminated Nance on or about May 13, 2008 because Warden Michael Rothwell of Sheridan Correctional Center took Nance's security clearance without giving Nance reason for the action. WestCare and Warden Rothwell terminated Nance because he complained about blatant racism, indifferent treatment and discrimination. Nance's informer also told him that Sheridan Corrrectional Center and WestCare have recently put 2 other black females employees of WestCare Foundation Inc. out of Sheridan Correctional Center. One of the females' name is Rose. I will provide additional information on this when I receive it.

Don't be mistaken. Recidivism will continue as long as you have blatant racism, indifferent treatment and discrimination polarizing our society. Sheridan Correctional Center and WestCare Foundation, Inc. are following in the footsteps of President and Vice Presidential candidates McCain and Palin. From the demonstration portrayed on National television by the McCain/Palin Presidential ticket, anyone can see they practice and proclaim separatism and divisiveness of the races. All you have to do is open your eyes. Many in this country are afraid to open their eyes, and this is why racial prejudice, indifferent treatment and discrimination exist.

Update: September 5, 2008

While working at Sheridan Correctional Center my car was a victim of a hit-and-run accident. I filed all the necessary paperwork with the State of Illinois' Court of Claims, Case #07CC3511. Commissioner David Neal of 116 N. Chicago Street, Suite 602, Joliet Illinois was assigned the case to adjudicate it. On September 5, 2008 I received a call from the Illinois Attorney General Office, specifically, Mr. Robert Sklamberg stated that his client "Sheridan Correctional Center" is denying fault. My car was parked in Sheridan Correctional Center's parking lot when it was hit.

The Second Chance Act of 2007 signed by President Bush on April 9, 2008 will be appropriated in 2009. The Second Chance Act of 2007 is about reducing recidivism in the United States of America. Governor Rod R. Blagojevich of Illinois believes the Sheridan Project, housed in Sheridan Correctional Center, is our National Model for reducing recidivism. The Sheridan Project at Sheridan Correctional Center in Illinois is a National Model for racial discrimination and disparities, indifferent treatment, corruption, harassment and intimidation. It will not reduce recidivism because of these practices. It will not reduce recidivism with the budget cuts by Illinois Governor Blagojevich. It will not reduce recidivism because of the criminal thinking and behaving of the correction officers. Why would it be the National Model for reducing recidivism?

How will you address Illinois Governor Rod Blagojevich’s Sheridan Project housed in Sheridan Correctional Center at Sheridan Illinois? Are you interested in reducing recidivism? Do you know that 1 in 100 Americans is incarcerated? When they return to our communities and are rehabilitated, they are the Second Chance Act of 2007. I am the Second Chance Act of 2007. Will future rehabilitated individuals be treated like I was at Sheridan Correctional Center as an employee of WestCare Foundation, Inc.? What will you do about this situation? Examine the letter written to President Bush. After this read, read the letter dated May 12, 2008 to Governor Blagojevich for the details.

May 19, 2008

President George W. Bush
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500

Re: The Second Chance Act, the Illinois Department of Corrections-Sheridan Correctional Center and WestCare Foundation, Inc.

Mr. President:

On or about April 9, 2008, you signed into law “The Second Chance Act.” Sir, I am “The
Second Chance Act.”

I was locked out of Sheridan Correctional Center (Sheridan) by Warden Michael Rothwell and the Illinois Department of Corrections (IDOC). My “Illinois Contract” employer, WestCare Foundation, Inc. (WestCare), terminated my employment suggesting the termination is due to IDOC locking me out from my employment.

I have filed a claim of discrimination with the Equal Employment Opportunity Commission (EEOC) against IDOC and WestCare. I am sending you the following documents to suggest the conspiracy, discrimination and nefarious acts of IDOC and WestCare against me and “The Second Chance Act of 2007.” The documents are as follows:

State of Illinois-Labor Dispute Appeal Recommended Decision, dated November 29, 2006

State of Illinois-Labor Dispute Appeal Decision of the Director of Employment Security, dated December 22, 2006

WestCare Employee Discussion Report suggesting a sexual harassment charge by Melinda Gubbels and creating a hostile environment charge by Kyra Peters, dated November 8, 2007

Letter to WestCare’s Human Resource Senior Vice President Michael Shields, dated November 8, 2007, regarding Discussion Report dated November 8, 2007

Advocacy Letter to the Honorable Congressman Danny Davis, dated November 15, 2007

Letter to Michael Shields regarding the WestCare Employee Discussion Report of November 8, 2007, dated November 16, 2007 regarding Ms. Melinda Gubbels false charges of sexual harassment against me

E-mail to Stanley Brooks and Michael Shields regarding the WestCare Employee Discussion Report Conference of November 16, 2007

WestCare Employee Discussion Report finding me innocent of the false charges brought against me by Melinda Gubbels and Kyra Peters leading to my 2nd lockout from Sheridan, but alleging other “communication” charges against me, dated November 16, 2007

Letter to EEOC to supplement my charge of Discrimination, dated November 19, 2007

Letter to the Honorable Governor of Illinois, Rod R. Blagojevich, regarding my “experiences” at Sheridan, dated May 12, 2008

EEOC amended charge and additional charge against IDOC and WestCare, dated May 12, 2008

Termination of Employment letter from WestCare, dated May 14, 2008

Fred L Nance Jr. Curriculum Vitae and cover letter to a “new” employer, dated May 14, 2008

Sir, there may not be anything you can do about my situation. Nevertheless, I thought it imperative to send this letter to inform you and your committee of how “The Second Chance Act of 2007” is carried out by the Illinois Department of Corrections, specifically, Sheridan Correctional Center and WestCare Foundation, Inc.

The Second Chance Act of 2007 is meant to reduce recidivism. It appears Sheridan and WestCare may not be part of this reduction process if they continue to operate in the manner spoken of in my writings. Recidivism can be reduced. I am a part of this reduction, but my rehabilitation did not come from IDOC or WestCare. My rehabilitation came from understanding what honesty, integrity and truth is all about.

Respectfully submitted,

Fred Nance Jr., ABD, MA, CADC, NCRS

cc:

The Honorable Congressman Danny Davis
Equal Employment Opportunity Commission
http://clickforjusticeandequality.blogspot.com/

May 12, 2008

Honorable Rod R. Blagojevich
Governor of Illinois, Office of the Governor
207 State House
Springfield, Illinois 62706

Re: Sheridan Project – EEOC Charge #440-2007-04512

Governor:

I, Fred L Nance Jr., am African American and I have a pending discrimination charge with the Equal Employment Opportunity Commission (EEOC) against WestCare Foundation, Inc., which began on or about April 16, 2007, amended on May 7, 2007. On May 12, 2008 I will add the Illinois Department of Corrections (IDOC) to this charge of discrimination and indifferent treatment.

I am working at Sheridan Correctional Center to reduce recidivism. One of the things that the “white” establishment at Sheridan resents most is that I am at the end of my doctoral program. When I was incarcerated for the 1st and only time in IDOC, I was 42-years-old without a G.E.D. I know what it takes to reduce recidivism. Racism and indifferent treatment does not reduce recidivism. Criminal activity flourishes with it. Individuals like me are not given the opportunities to make a change in a person’s life, maybe because of job security. IDOC may not want to reduce recidivism. IDOC may not want to honor the “Second Chance Act of 2007”, but I am sure they want to get the monies from the Act.

Where is my “Second Chance?” Does the “Second Chance Act of 2007” relate to me? Am I apart of it? I cannot tell from the behaviors of IDOC and WestCare.

On Mother’s Day, May 11, 2008, Mr. Stanley Brooks, Director of WestCare Illinois/Sheridan Correctional Center (Sheridan) called me stating I had a “stop order” on me, which means I am “locked out” of Sheridan. Mr. Brooks reports he does not know why I was “locked out” but that he was sent an email stating he should inform me.

Sir, I am not a security risk. This is the 3rd time I have been “locked out” at Sheridan. Mr. Brooks did not know if my employment with WestCare was terminated also. If I was “white” this would not be happening to me. “White” supervisors and line-staff have had many issues with “black” inmates and have not been treated as I am treated. This is clearly discrimination and indifferent treatment.

As you may remember, I was locked out of IDOC/Sheridan “illegally” by Warden Michael Rothwell (white/male) during the AFSCME union strike on June 6, 2006. On November 29, 2006 the Illinois Department of Employment Security rendered a decision, which states in part “…In the matter of the appeal of: Fred Nance Jr., Claimant-Employee of Gateway Foundation, Inc…The unemployment of the non-participatory claimant-appellants is not due to a work stoppage caused by the labor dispute…It was the unilateral actions of IDOC…The actions of IDOC were separate and the only cause of the claimant’s unemployment.” On December 22, 2006 Ms. Brenda Russell, Director of Employment Security, confirmed this decision. I received my unemployment insurance.

Sir, this present “lock out” is the continuous retaliation from IDOC and WestCare employees that I have suffered under since returning to work at Sheridan on September 6, 2006 after the AFSCME union strike. I have had to fight to retain my employment at Sheridan for nearly 2 years. I have had an onslaught of misinformation against me by WestCare and IDOC personnel, such as in November of 2007 WestCare employees Melinda Gubbels (white/female) filed a false charge of sexual harassment and Kyra Peters (white/female) filed a false charge of a hostile environment with WestCare against me. Ms. Gubbels and Ms. Peters suffered no consequences from filing these false charges with WestCare. WestCare did nothing to them. I was “locked out” from my employment with WestCare for 2 weeks because of these false charges. When it was time for the accusers to face me with their accusations, Ms. Gubbels called off sick and Ms. Peters was never summoned by WestCare management for testimony. To add insult to injury, I was forced to work with Ms. Gubbels. WestCare did not transfer Ms. Gubbels from under my supervision after she filed these false charges against me. More issues arose and finally, WestCare transferred Ms. Gubbels to another building. There were still no consequences for filing the false charges against me.

On July 16, 2007 I was promoted to clinical supervisor. I was assigned to building C6. On or about April 21, 2008 Warden Rothwell made WestCare transfer me to building C25/C Hall because of false complaints from IDOC and WestCare staff, and inmates. By transferring me to C25/C Hall, WestCare decided to transfer supervisor Denise Perry (black/female) to C6. I was told that Denise had created a bad reputation for herself with the inmates and IDOC personnel in C25/C Hall. What I was not told is that the inmates on C25/C Hall were incorrigible because they had no structure nor could structure manifest itself because of the WestCare staff and IDOC personnel. Here is another most recent account of activity at Sheridan with WestCare and IDOC staff.

In February of 2008 I conducted supervision on WestCare employee Justin Brewster (white/male under 40-years-old). Justin was upset because I reprimanded him on his poor work performance and attendance, which I documented and placed in his file. Justin adamantly requested a transfer to another building. Justin was transferred to C25/C Hall.

Building C6 Correctional Officers’ Mr. Forsyth (white/male) and Mr. Mann (white/male) told WestCare staff assigned to building C6 they could use their badges or any other objects to open the door to the bubble where security resides because the correctional officers were not going to get up from their seats every time someone wanted to come in the bubble to use the bathroom. I heard Correctional Officer Mr. Mann tell Jamie to use her ID badge to open the door to the bubble whenever she wanted to come inside. When I first saw WestCare employee Jamie Barringer using her badge to open the C6 bubble door, I warned her about it in front of Correctional Officers Forsyth and Mann. I was standing inside the bubble at the time. I informed Jamie, right in front of Mr. Mann and Mr. Forsyth, that if she used her ID to open that door I would write her up.

I also informed Lt. Truitt of Sheridan’s Internal Affairs Department that the Correctional Officers in C6 were allowing WestCare staff to use their ID badges to open the bubble door. Lt. Truitt told me at that time that I am always to write incident reports on anything I see that should not be going on. I am not sure of what Lt. Truitt did about this incident, but I have quickly learned not to ask that question.

One of the reasons I was transferred to C25/C Hall is because Correctional Officers Forsyth and Mann wrote an incident reports stating I said I run C6. Along with the Correctional Officer’s incident report they encouraged WestCare employees Justin Brewster and Charolette Hooper (black/female) to write statements supporting their incident report saying I said I run C6. Before Justin and Charolette wrote these statements, I warned them both about using their ID badges to open the bubble where the Correctional Officers are positioned. I saw both of them using their badges to open the bubble door. After I was transferred to C25/C Hall, I heard that Charolette is still using her ID badge to open the bubble door in C6.

In addition, after I was informed I would be transferred to C25/C Hall, I found out Justin was going to be transferred back to C6 when I was transferred to C25/C Hall. I informed Director, Stanley Brooks, that if Justin was moved back to C6 I would file a grievance on these issues concerning Justin. Mr. Brooks told me Justin would not be transferred to C6. Mr. Brooks told me Justin would be transferred somewhere because he would not let me get “set up” like that in C25/C Hall. Mr. Brooks may have made this statement because I informed him I could not work with Justin after he falsified that statement to get me transferred out of C6. Nevertheless, Sandy Smith (white/female) assured Justin remained on C25/C Hall when I was transferred there.

Now I had to deal with Justin and Sandy Smith in C25/C Hall. Sandy Smith has been mentioned in many of my writings to EEOC because of her involvement with the harassment, intimidation, punishment and intimidation upon me at Sheridan.

After being transferred to C25/C Hall, I wrote some incident reports and tickets. On April 28, 2008 I wrote a ticket on an inmate for assault, creating a dangerous disturbance, threats and intimidation and insolence because this inmate pushed me out of the way and entered my office, and then started talking out loud in front of other inmates about what he did creating a dangerous disturbance. Lt. Truitt and I discussed this ticket. Lt. Truitt and I modified the ticket so that the client could remain in Sheridan to receive more therapeutic treatment.

On May 1, 2008 at approximately 9:10 am I typed an incident report on 6 inmates who were creating a dangerous disturbance on C25/C Hall. When I typed the incident report on May 1, 2008 and sent it over the computer it went to WestCare’s Regional Vice President Leslie Balonick and to Springfield, Illinois, probably one of IDOC’s main offices. Ms. Balonick contacted Sandy Smith. Sandy Smith came to C25/C Hall to inquire about the incident.

The May 1, 2008 incident report happened at approximately 8:15 am. Only 2 WestCare staff showed up for work on May 1, 2008. The handwritten copy of the incident report did not get to the shift commander until approximately 11:30 am. I had to write it by hand after typing it on the computer because the computer generated incident report blended the inmate names into the text of the document. I explained this to the “powers” that be at Sheridan.

In addition, when the incident report of May 1, 2008 happened at 8:15 am, I alerted Correctional Officer Churchill. Correctional Officer Churchill responded to the incident, talked to the inmates, and locked the inmates up in their cells at approximately 8:40 am but did not report it to his building Sergeant. Evidently, when the shift commander alerted Warden Rothwell at approximately 11:30 am, because of the numerous inmates involved and found out the Sergeant did not know, the Correctional Officers were feeling nervous and embarrassed, while they looked for a scapegoat, which turned out to be me. Since IDOC officers did not want to take the blame for dropping the ball, suffering embarrassment and consequences, they blamed me and told me I could not go back in the building because I was a threat to the inmates. Sandy Smith gave me up to them because she knew the circumstances because I told her and she did not act in my behalf when IDOC staff and Warden Rothwell looked for a scapegoat and someone to blame. Warden Rothwell issued an order denying me access to my work assignment in C25/C Hall.

On May 9, 2008 I wrote an incident report on 7 inmates who were creating a dangerous disturbance. Part of the incident was that an inmate was sharing an emotional story about his family when another inmate teased him about it. The inmate sharing stopped telling his story and warned the other inmate about his actions. The inmates began approaching each other and I intervened to prevent them from fighting. After this was over, I had to write a ticket on an inmate (who was part of the original 7) for threats and intimidation and insolence because this inmate rose up from his seat and began to approach me in a dangerous way to do bodily harm to me, as the other 4 inmates left were continuing to negatively influence these issues.

There are 80 inmates out of their cells, on C Hall in C25 during the AM group, which I was facilitating by myself because the 2 staff present did not get involved in assisting me when the issues arose. With 80 inmates out of their cells at one time without any Correctional Officer present; anything can happen, at anytime with an inmate. This could create a dangerous disturbance.

There was no IDOC/WestCare staff support for me on the Hall. I had to handle the situations the best I knew how by myself. Building C25 was closed for a period of time this year because of safety issues like this. At times, you have IDOC staff sitting in the bubble with sun glasses on, and probably sleep. There were times when it took forever to get an office door open.

On May 9, 2008 Sandy Smith informed me that Director Stanley Brooks told her to tell me I could not go back to C25/C Hall but that I had to stay in C8 for the remainder of the day. I informed Sandy Smith that I was leaving work because I did feel well and that I was going to meet my wife at the doctor for her appointment to get results regarding the possibility of her having Thyroid cancer.

It was not until I talked to Stanley Brooks on Mother’s Day, May 11, 2008, that I learned from talking to Mr. Brooks that he told Sandy Smith to tell me to come to C8 to receive a call from him so I could tell him what was going on in C25/C Hall on May 9, 2008. Sandy Smith lied to me to meet her own means, which was to embarrassment, harass, intimidate and threaten me. Sandy Smith, along with the IDOC staff she engaged on the issues of May 9, 2008, denied me access to my work assignment. Sandy Smith always operates this way when it comes to dealing an issue involving me. This is why I informed Mr. Brooks that I did not trust her.

The message to me is I cannot write an incident report or a ticket, and if I do I will get punished and embarrassed. IDOC and Sandy Smith are also sending a message telling me I cannot do a good job if I am trying to structure C25/C Hall. They do not want me to succeed. No other supervisor or line-staff person is punished and embarrassed for structuring their building, writing incident reports or tickets but me. This is indifferent treatment. This is blatant discrimination. This is a story of discrimination and indifferent treatment. I am treated at Sheridan differently than similarly situated employees of WestCare.

Presently, I am being punished, harassed, intimidated and threatened by IDOC personnel because I wrote incident reports and tickets on inmates. IDOC personnel and WestCare continue to promote that they cannot tell you not to write an incident report and ticket, but since I did I am being punished, harassed, intimidated and threatened. I guess it has worked because now I am “locked out” from my employment. The only threat I pose to IDOC and WestCare is that I will speak the truth and I will not compromise my ethics, integrity or morals, and I will write my story.

Most importantly, what is the message being sent to the inmates seeking treatment in a therapeutic community? The inmates can see that IDOC and WestCare are sicker than they are. There are many more inmates seeking my assistance and appreciate me more than there are against me. The inmates tell me everyday. IDOC staff and WestCare supervisory staff on C25/C Hall are not sending the right message to the clients. The clients know now they can split staff and accomplish their goals of continued criminal thinking and behaving.

How does this promote a reduction in recidivism Mr. Governor? I informed Mr. Brooks that Sandy Smith referred a client home who is in Phase 1 of his treatment, instead of referring him to a halfway house or recovery home. This is one of the client’s who was listed on the May 1, 2008 incident report I wrote. I believe this client has been in the program for more than a year. I believe this client is in Phase 1 of treatment because he went to Segregation. I discovered this mishap while discussing the client’s 120 discharge plans. Also, when I assumed the duties of supervisor on C25/C Hall I discovered that the inmates filling out applications for Phase 4 were not qualified according to Mr. Brooks criteria/eligibility requirements. I had to deny these clients Phase 4. They were highly angry at me. I asked the staff “Why did they refer clients who did not meet the criteria/eligibility requirements?” The staff told me they just gave out applications. How does this happen? Is this going to reduce recidivism?

Sir, I am seeking your intervention in this matter. The Sheridan Project is constructed to reduce recidivism. The IDOC and WestCare staff that I have mentioned in this writing is not promoting the mission of the Sheridan Project.

I should not have suffered indifferent treatment and discrimination in employment with WestCare. No other WestCare staff has been treated like I have over the duration of my employment with Gateway/WestCare at Sheridan. Racism flourishes at Sheridan. If a female staff of WestCare had complained in writing about an inmate threatening and intimidating them, the inmate would have been taken to Segregation. If a female staff had written an incident report like mine, the inmates would have been locked up. If a “white” staff person had written reports like mine, the inmates would have been locked up. I had a client once where a “white” female sent the client to Segregation because his fingernails were too long. Because writings had my name on it, it made me a target for IDOC and WestCare employees who differ with my politics.

Sir, I started a book for publication on the Sheridan Project months ago. I have enough data to make a good read. I have shared a lot of it on the Internet in the past. What has happened in the past 16 months to me will not make for a good ending to my book on the Sheridan Project.

How can we make this work? One should never mess with a person’s livelihood. To lock me out from Sheridan and take my employment is to take food out of my family’s mouth. How do you think I will react? How would you react? Please respond.

Respectfully submitted,

Fred L Nance Jr., ABD, MA, CADC, NCRS

cc:

Equal Employment Opportunity Commission
Roger E. Walker Jr., Director IDOC
Danny Davis, Congressman 7th District (Co-Sponsor, Second Chance Act 2007)
Arlen Specter, Senator (Co-Sponsor, Second Chance Act 2007)
Joseph Biden, Senator (Co-Sponsor, Second Chance Act 2007)
Sam Brownback, Senator (Co-Sponsor, Second Chance Act 2007)
Patrick Leahy, Senator (Co-Sponsor, Second Chance Act 2007)
John Conyers, House of Representatives (Co-Sponsor, Second Chance Act 2007)
Lamar Smith, House of Representatives (Co-Sponsor, Second Chance Act 2007)
Stanley Brooks, Director WestCare Illinois
http://clickforjusticeandequality.blogspot.com/

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