Brown presses NOAA for policing documents
U.S. Sen. Scott Brown Monday formally asked the National Oceanic and Atmospheric Administration for all memoranda and documents used by Commerce Secretary Gary Locke to reach his decision not to discipline or punish the then- director of federal fisheries law enforcement or any of his agents and litigators involved in the mistreatment of fishermen documented by investigators.
In a letter to Eric Schwaab, administrator of the National Marine Fisheries Service, Brown specifically asked for "41 documents you located but did not release in response" to a private attorney, whom the Times has identified as Paul Muniz, of Burns & Levenson, Muniz represents the Gloucester Seafood Display Auction.
The auction was one of 11 businesses or individuals identified by Locke as having been victimized by overzealous law enforcement or miscarriages of justice and given apologies and reparations in May.
Brown also specifically asked for "all memoranda from the Commerce Department Office of Assistant General Counsel for Administration Barbara Frederick (or staff) regarding the possibility of discipline for current or former leadership at the NOAA Office of General Counsel for Enforcement Litigation."
In his letter, Brown expressed anger at what he perceived as NOAA's decision to flout previous requests for documents in preparation of a Senate subcommittee hearing into NOAA practices. And the senator asserted that the attitude is that of an agency that considers itself "above congressional oversight."
It was Brown's idea to bring a Senate subcommittee to Boston for a June hearing on NOAA spending and law enforcement abuses. The Faneuil Hall hearing came after findings by both the Commerce Department inspector general and a special judicial master assigned by Locke detailed cases of potentially reversible miscarriages of justice."
Brown's letter to Schwaab probed substantively for the answer to a question he asked that came to define the Faneuil Hall hearing: "What does it take to get fired at NOAA?" Brown asked.
Brown quoted from the decision memo released by Locke in May when he apologized to 11 businesses and distributed nearly $700,000 in reparations based on the report of Special Master Charles B. Swartwood III.
Locke found a "systemic failing," yet that finding warranted no punishment to any NOAA personnel although Dale J. Jones Jr., the director of law enforcement, and the entire Northeast Office of agents and ligitators, based in Gloucester. Jones has been reassigned, while the key Gloucester agents have been reassigned or allowed to retire. Read More
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