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VERNON BALMER JR. (HOMELESS, HAWAII)

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WHO'S IN CHARGE

Letter to OSHA

By VERNON BALMER JR. - Sep 14th, 2009 at 4:55 pm EDT

November 7, 2005
Richard E. Fairfax, Director
Directorate of Enforcement Programs (DEP)
U.S. Department of Labor
200 Constitution Avenue N.W.
Washington, D.C. 20210

Dear Sir,

For the past two years at every step in this long railroad, from my initial complaint filed at the EEOC, and subsequent to that, the HCRC; the United States Commission on Civil Rights; the Department of Justice; and finally through no effort of my own, having it wind up at the Regional OSHA offices in San Francisco, I have steadily maintai ned that I submitted a written complaint at the state HIOSH offices, here in Honolulu.

I was told that much of what I sent to the DOJ had been sent to the San Francisco OSHA offices .. Evidently this written HIOSH complaint was not among the papers.

Imagine my surprise when I got this letter from Mr. Traenkner, informing me that I should not have made this a verbal complaint. I retrieved the copy of the written complaint, made for me while at the HIOSH offices, just to convince myself that those in power are the ones mistaken, and now I believe with my whole being, they are in actuality, deceitful and dishonest, practiced at covering up embarrassing incidents, and downright criminal.

I am making a request to you for a review by your national offices, where hopefully someone unbiased, with integrity, will do the right thing. There was a Ms. Hirai in San Francisco that said she could see the discrimination in this matter. Too bad it was not she that conducted the investigation.

I only hope it is coincidence that there is a Hirai here in Honolulu that is a lawyer and involved in the real estate business, and a lawyer formerly in the firm representing my former employer.

Throughout this situation there have been relationships, I have noticed in my opposition, which include professional, academic and familial. It has long been my suspicion that those ensconced in the cronyism here in Hawaii have at each step facilitated the lack of effort in this matter. I am now sure of what I have long suspected. This cover-up goes much further than what happens here in Hawaii.

Sincerely,
Vernon Balmer Jr.
yinsay@aol.com
Honolulu, Hawaii

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My Information

By VERNON BALMER JR. - Sep 14th, 2009 at 4:50 pm EDT

My Information:

I have resided here in Honolulu, Hawaii for almost 4 years now. I had intended to stay here when I made the decision to come, and was happy to have found employment relatively soon. I found a job working with a tempor ary agency for 4 months. I was hired by the client as a regular employee, Sept. 2002. On my first day of regular hire, I was shocked to hear, "you know why they hired him, don't you", from one of my co-workers. But, needing to work for a living and being in a strange place, I thought it best to ignore this, after all, I was hired.

At the beginning of my time with the client, Title Guaranty, I was told by the on site supervisor, that if I was to take a particular bus and call her first, "there would be more work". The day after this I handed her my time card, ready to seek another assignment, when she acted as though she didn't know why I would be doing this.

When I explained, she countered with some nebulous words and said I could work as long as the company needed me.

Subsequently, the same supervisor would tell me that I had to give her a key or the combination to the lock on my locker, "in case of an emergency". I thought this to be a strange request, as I could not imagine an emergency in my locker that would require her or anyone else to open it without me. I didn't respond to her request, and not hearing anything further, I gathered that it was not company policy at all.

Having a co-worker refer to me as "boy" and another ask me 3 times - after giving an answer twice - "Why do black people use the N word?", did not make me feel very gregarious among them. I was also told by a co-worker, "all Hawaii is a gang br ah", and by another, "it's all connected", the supervisor speaking about a former supervisor said, "we made him quit because he thought he was smarter than us, cause he was from the east coast".

We were housed in a basement of what is now a former Costco building, with an air-conditioner as the only ventilation.

When I noticed mold growing in a hole, in the wall beneath the air-conditioner, adjacent to the room where I sometimes, but mostly my co-workers would eat lunch, I asked them about it and was told that management was made aware of it and did nothing. I decided to inform management myself, considering the untruths I had previously heard from some. I was thanked by the assistant to the woman in accounting who handled the repairs for the building.

I did not think it was a major undertaking by a very successful company to fix this problem, and was surprised at the length of time it was taking to address the situation, so I informed OSHA, Aug. 2003. This is when things started to go further south. Coincidentally, the day after going to the OSHA offices, the next day at work, my supervisor stated to a co-worker, "Vernon went to OSHA." This information was not given to her or any co-worker, by me.

When I went to OSHA, the employee did not give me any type of reference number, or write one in the space provided on the complaint form, nor did she inform me at that time that mold is not OSHA'S jurisdiction, which is what I was told when I went to check on the status of the complaint. Neither, did the employee inform me of laws governing discrimination.

I was also told - it not being OSHA'S jurisdiction - the complaint was referred to the Department of Health. It was like pulling teeth to get an answer as to wha t office at the DOH it was referred to. Needless to say I could not inquire about the possible disposition of the complaint, not knowing where to inquire.

I made a complaint to the EEOC, Jan. 2004, and the Hawaii Civil Rights Commission, Apr 2004, both of whic h were dismissed without any investigation, each agency sat back and waited for the submission of the company's response. Incidentally, I was contacted by the director of the EEOC, asking me if I wanted to proceed, after I was shown a copy of the company's response, which I don't believe is proper.

I now see in the EEOC's and the HCRC's own publications, matters such as mine that were investigated and even adjudicated. During the HCRC's lack of investigation, I only heard from them at the intake and when I received their letter of dismissal.

I now find the investigator did business with my former employer. I furnished the EEOC and the HCRC with names of co-workers who said they would speak for me. They were not interviewed. I was informed by an investigator at the EEOC that no one visited the site.

There was a similar situation here with UPS, where an employee was fired for doing less egregious acts than his co-workers, which I believe is the case here. I saw co-workers break company equipment, cuss freely, ask for sexual favors, and bring children and friends to the work site.

Throughout this experience I have been told by these agencies' staff and lawyers, literally or in effect, "there is no smoking gun here". This is only due to there being no investigation. In the least, there is a pattern that should compel any thinking person to ask questions.

Subsequent to this, my work was sabotaged on more than one occasion, and reports to management only resulted in them twisting the situation in attempts to placate me and set me up for these spurious accusations by my co-workers.

Each complaint of mine was a matter of my erroneous "interpretation", as stated by management, while my co-workers complaints were valid descriptions of my "misconduct".

As a result of the accusations, I was suspended, without pay, pending an investigation for, I kid you not, a co-worker accusing me of harassing her by clapping my hands and signing "Pink Cadillac", and another saying, I was teasing her when I asked her to say my name and that of the manager, to see if I could distinguish the two.

I was terminated in May 2004, two weeks after the dismissal of the EEOC complaint that was not investigated, and a day after informing management that I overheard a co-worker saying to the one that accused me of harassing her by singing, "we're going to show him the power of pu - - y.

I was denied unemployment insurance, June 2004, with a fact-finding interview done over the telephone that was not reviewed or signed by me, as it should have been before it was made part of the official record and used at my future appeal.

The subsequent appeal Aug. 2004 was biased, prejudiced, and contained perjured statements by the witnesses for my former employer. I am now told that the recording of the hearing does not exist because it was transcribed.

I have initiated a suit in federal court, Jan. 2005 that I can not pursue, due to the lack of time and funds necessary for an undertaking such as this, and the skill I do not have in these matters.

I have all but given up searching for representation, believing word has gotten to many legal ears on the island and no one wants to go against the state that has all but coddled and cuddled business here.

I have contacted the ACLU, and given them much information, but they seem more interested in writing briefs for exotic entertainers, arrested for doing lap dances. First they tell me they cannot help unless the matter involves a government agency, then they tell me they can if a decision is against me, then they tell me they do not have the manpower and time. Each of the criteria, I met at the time I contacted them.

Coincidentally, I find a lawyer, Roger Fonseca, at the firm representing my former employer, is the national representative for the Hawaii chapter of the ACLU, and their staff also have a few names that are the same as those associated with Hawaii real estate. They cannot help, but they can accept my information.

I have tried to interest many, many lawyers and firms by email, letters and personal visits, to no avail. I have had a lawyer in San Francisco who participated in a well known case here, try to find someone without success.

This situation has been surrounded by complicity, cronyism, and bias.

I have written to the DOJ, only to have my information shuffled from one agency to another, including the Department of the Interior, and finally coming full circle to the Hawaii Department of Labor. I do not think this was coincidence. At the HCRC, there is a commi ssion member with the same name as the owners of my former employer's business, one Coral Wong Pietsch.

Mrs. Pietsch is a general in the U.S. Army Reserve, and an attorney, a very powerful position with ties to D.C., I'm sure. It has long been my suspicion that this may have played a roll in the lack of effort on the part of officials that has attended this matter. Each party's history I research has some relation to another, be it professional, academic, and even familial.

I now look at web sites for all the organizations I sought help at - the Governor and Lieutenant Governor, all representative's and senator's offices, Legal Aid Society, Hawaii Dept. of Labor and the DOL - national, EEOC - Hawaii, district, and national offices, NAACP Hawaii, , ACLU of Hawaii, Hawaii - Department of Health, HIOSH and OSHA ( regional and national ), the Hawaii Office of Information Practices, and Volunteer Legal Services of Hawaii, where a lawyer was recommended that has a long standing relationship with my former employer and another that is also a licensed realtor and has a business in California.

At the Hawaii Civil Rights Commission, and Hawaii Ethics Commission, I find the persons responding to my letter, did business with my former employers and my letter explaining the situation and their reply stating they could do nothing, are the only correspondence I had during their "investigations" or dismissals.

I have sought assistance at the Hawaii State Bar Association, where the lawyers who are members of the Real Property and Financial Services Section, are also affiliated with these other organizations, or directly associated with my former employer, or the firm that represents them - Torkildson, Katz, Fonseca, Heatherington, and Moore.

The Real Property and Financial Services Section includes a lawyer I was assisted by, one Andre Wooten, who at the time told me nothing of his involvement with this organization.

He was suggested to me by church members and NAACP officer, Alfonso Braggs. I pull up the staff or the particular board of directors of these organizations and there are last names that are the same and have some relationship, mostly with real estate, and more than a few with ties to
California.

Two names in particular are quite suspicious. Kouchi, is at Volunteer Legal Services.
It was also the last name of the HR assistant at Title Guaranty . Pang, is the name of a front desk worker at the YMCA, whom I complained about signing for my mail. It is also that of an Appeals Officer at Department of Labor - Security Appeals Referees Office. Hirayama is the name of the appeal referee and also that of the owner of the restaurant at the YMCA.

I mention the YMCA because in 2002, I had complained about what I believed to be prostitution, facilitated by staff there. And when I informed the supervisor at Titl e Guaranty, her response was to leave well enough alone, after I informed her that I had, in my opinion, angered some people there.

My subsequent report to the police department was investigated by. the police calling the YMCA and asking them if my suspicions were true. I think you can see what position this left me in. In my lay opinion, this was a sloppy and dangerous way to initiate and conclude an investigation.

There are too many relationships here to be mere coincidence, and are questionable, at least.

My information was passed by one Elaine Chao - Department Of Labor, in D.C. to Tin Shing Chao Department of Labor here in Hawaii, who used an erroneous date to nullify my complaint. This was after a layover in California with Ms. Alison Pauly at the regional offices, whose CASPA investigation stated that I should have made this a written complaint, when Hawaii law states it does not matter, whether written or verbal. Could she be related to the Paulys who have donated to the University of Hawaii, and have owned land here?

The complex in Hawaii that houses the Department of Labor is also where the HIOSH offices and the Hawaii Civil Rights Commission offices are located. This name, Pang, pops up in various places dealing with state government and real estate. I now know these agencies to be straw dogs that do everything but contend with the status quo.

For the most part, the agencies that pretend to help, most notably the NAACP and ACLU, only collect information and then say they can do nothing; I wonder what happens to the information in a state that treats confidential information as a commodity. Incidentally my former employer's representation is one of the largest contributors to Legal Aid Society.

Concerning Volunteer Legal Services of Hawaii, I have recently discovered that one of two lawyers they referred is an attorney at the law firm representing my former employer, and the other is a realtor in Honolulu, and also licensed to practice in California. And another is the member of a firm with old ties to the Pietsch family. Who were these lawyers going to "help"?

I have applied for many positions since my termination, and have only worked sporadically in spite of my efforts. I have registered with many staffing agencies - Olympia, Hawaii Staffing, Snelling, and Hawaii Temp, CTA Staffing which is now Bishop & Company, Manpower, Kelly, and POI. I have not worked a complete week and have not been contacted at all by some. I registered at Altres in 2004, and was not called in a year’s time before I returned. There, I was terminated for, “not being pro active".

There is no confidentiality law here, and I believe this also has worked against me. It - confidentiality - has been frequently cited by my former employer's agents and state officials, only to protect themselves and facilitate their deceptive practices.

I mostly use the public library to use the Internet, i.e. write letters and do research. Needless to say, this is not the most secure environment to do this type of activity. And I have had problems at this library with the computers and the staff.

At the library, I have seen the text change when I am typing, without commands initiated by me. The printer is connected to the computer at the librarians' desk. On one occasion, I was told by a security guard that a librarian had complained about me harassing her because I asked for her name to report her behavior.

After contacting the librarian's office, there is no record or remembrance of this aspect of the report. This tactic of "bait and switch" has been used on more than one occasion, by different entities.

After not being online for 3 days I saw where someone had requested an Army Knowledge Online account in my name, or I should say my screen name. I saw an attorney - John L. Knorek from the firm representing my former employer enter the philosophy department and ask for a librarian, Kathy, by name.

Yee is the name of the head librarian at the State Library and the name of a former employee of the United States Attorney's Office and HCRC, did training for the Department of Justice, and worked for the Massachusetts Attorney General. I sent most of this same information to Sen. Ted Kennedy's offices in Massachusetts and was told during a telephone conversation with the office that, being on the Judiciary Committee, Sen. Kennedy could not get involved in judicial matters.

Since this is the only avenue I have been given, I have asked the district offices of the DOL to investigate by CASPA, Sept. 2005, and have asked for an investigation for discrimination due to th e whistle blower aspect of the matter.

I believe this will be my only chance at a modicum of justice. But I will always believe that more realistically this situation can be defined by, 18 USC 241, 242 and 245.

Hawaii, I now entertain, is a state where the dollar is God, and workers are only a necessary evil to facilitate that gain.

The Director of Labor and Industrial Relations, Nelson Befitel, has unashamedly professed his desire, and that of the state to relieve the department of any obligation to penalize businesses for infractions and, I can see where the natural sequence would be to alleviate any scrutiny that would expose abuse of power by the states employees.

It is no wonder; I have experienced what I have. All too often, in the news here, the term "outsider" is given to any entity that would look at what is practiced here. But there is a GOD that sees all and will affect justice for the oppressed.

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Homeless, Due To A Conspiracy To Violate Civil Rights, Obstruct Justice And Harass

By VERNON BALMER JR. - Feb 2nd, 2009 at 7:28 pm EST

I am submitting this to various individuals, agencies, and institutions, in hopes that it will get to someone that can and will do something to bring justice to this matter. Read More »

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WHERE IS SHE NOW

By VERNON BALMER JR. - Feb 2nd, 2009 at 6:53 pm EST

-----Original Message-----

From: yinsay@aol.com
To: Obama_Casework@obama.senate.gov
Sent: Wed, Jun 6 4:46 PM
Subject: Ms. Mason

Thank you for the assistance you have given. Please, do not contact Senator Akaka's office again, on my behalf. Unless there is some neccessary secrecy to an investigation he is doing, all I have received from his offices is a letter in response to my inquiring about funds for the Hawaii State Library. My concerns extend much further than this. Hopefully, the light being shed on activities in the Justice Department will lend itself to some justice for me. Otherwise it will be nothing but justice delayed and denied.

/////////////////////////////////////////////////////////////////////////////

Re: From Jennifer Mason
From: yinsay@aol.com
yinsay@aol.com To: Obama_Casework@obama.senate.gov
Date: Wed, 20 Sep 2006 2:01 pm

Thank you so much for your correspondence. It has not been the norm in this situation. In fact, the great majority I have contacted here in Hawaii and outside, which is now in the tens of hundreds, have not responded at all. I will follow your directions and contact Sen. Akaka's office directly. What follows is what has transpired recently. I do not expect a response. It just seems no one here is interested, although in a place this small and "closed", there are few secrets or situations that remain unknown.

/////////////////////////////////////////////////////////////////////////////

-----Original Message-----
From: Obama_Casework@obama.senate.gov
To: yinsay@aol.com
Sent: Wed, 20 Sep 2006 9:57 AM
Subject: From Jennifer Mason

Dear Mr. Balmer,

Thank you for your continued correspondence to the Chicago Office of U.S. Senator Barack Obama. I appreciate the reasons you explained for why you contacted our office, despite the fact that Senator Obama represents Illinois and not Hawaii. However, it is outside of our jurisdiction to become involved in out of state issues such as yours. Furthermore, I cannot offer any insight into what Senator Akaka’s office will be able to do on your behalf. I am hopeful that they will address your issues to the best of their abilities, but beyond that I cannot say what their course of action will be. I recommend that you contact Senator Akaka directly and seek their help in this matter.

Again, thank you for your letter. I wish you luck.

Sincerely,

Jennifer Mason
Director of Constituent Services

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THIS NEEDS TO CHANGE

By VERNON BALMER JR. - Aug 7th, 2008 at 9:27 pm EDT

-----Original Message-----
From: Threrp@aol.com
To: yinsay@aol.com
Sent: Wed, 19 May 2004 4:25 pm
Subject: Fwd: EEOC Charge:

Attached Message
From: Threrp@aol.com
To: referrals@usccr.gov
Subject: EEOC Charge:
Date: Wed, 19 May 2004 22:24:23 -0400

In January I filed a charge against the company I have worked for since
September 12, 2002. My charge was dismissed without an investigation, due to
bias and complicity with the respondent, I believe. I have recently asked that a
charge of harassment be transfered to the Hawaii Civil Rights Commission, to be
handled, instead of the EEOC. When I told the investigator of my situation, he,
Ray Griffith said that under the rules of terms and conditions, if others were
having sexual contact on the job,I could also. He, Ray Griffith also told me
"nobody likes a whistle blower" and referred to me as an "outcast". Where do I
go to file a complaint and have my rights protected, when government agencies do
not.

...................................................................................

From : Davis, Ivy L.
Sent : Wednesday, May 9, 2007 2:15 AM
To : "Vernon Balmer"
CC : "referrals"
Subject : RE: A Conspiracy To Deny Rights In Hawaii - Seeking Representation

Dear Mr. Balmer,
Your email has been referred to our agency's civil rights complaint
hotline email referral. If you wish, you may contact the hotline at
1-800-552-6843.

-----Original
Message-----
From: Vernon Balmer
Sent: Thursday, May 03, 2007 4:17 PM
To: Davis, IvyL.
Subject: A Conspiracy To Deny Rights In Hawaii - Seeking Representation

...................................................................................

From : referrals
Sent : Wednesday, May 30, 2007 2:44 AM
To : "Vernon Balmer"
Subject : RE: RE: A Conspiracy To Deny Rights In Hawaii - Seeking Representation

Received: Wed, 30 May 2007 05:44:37 -0700
Sender: "Brooks, Teresa"
RE: A Conspiracy To Deny Rights In Hawaii - Seeking Representation

tbrooks@usccr.gov

Mr. Balmer, I spoke with you on yesterday and unfortunately, I was unable to pin point your request at that time. However, I did speak to the person who you originally had correspondence with and she forwarded your information. You will be receiving the status of that complaint within a timely fashion.

Thank you.

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