To: Mr. David Cribbs, General Manager, Dowley Security Systems, Inc. 747 N. Shepherd Drive, Suite 800 Houston, TX

Transcription

1 To: Mr. David Cribbs, General Manager, Dowley Security Systems, Inc. 747 N. Shepherd Drive, Suite 800 Houston, TX Subject: Cease and Desist Letter, Dated October 29, 2012 October 31, 2012 Dear Mr. Cribbs, Thank you for the "heads up" and this opportunity to clarify the facts in this matter. I must first admit I am indeed rather surprised that almost three weeks passed before you made any attempt to contact me about these allegations. I'll address each sequentially. 1. I have most emphatically NOT at any time contacted the Department of State or claimed to be an employee of Pemix and to have been unjustly terminated. I did, however, contact the management of the Pemix Group itself, asking for assistance in recovering my job box (having approximately $ in Dowley company equipment and approximately $400 in personal equipment) and suitcase (approx. $600.00) that I left in my locked Baghdad room on my departure for R&R on October 3, At some unspecified time after my departure, the Dowley Security Systems on site manager, Mr. Moriarty, had someone give him access to it and removed all of this property. He initially refused to turn over said property to my designated representative, despite a provided written authorization stipulating that the representative recover and send it to me. (See Enclosure #1). After the intervention ofpernix Group management, the suitcase was finally turned over to my representative, but to date the job box and my personal tools have not. At this point, I would simply like to know why this reasonable request for action hasn't been completed? 2. Additionally, included in said authorization letter provided to my representative (See Enclosures # 1 and #2), was the specific directive to turn over all Dow ley company property (to include that in my personal job box intermixed with personal equipment) on site and obtain a verifying signature for this action. In order for my representative to ensure that the property was correctly identified as to ownership, a copy of the original shipping inventory of the job box was provided (see Enclosure# 3), with the Dowley Security Systems property identified. Unfortunately, Mr. Moriarty also refused to do this, somehow on the basis of the total expense that would be incurred, when shipping the job box plus my personal equipment. He stated he would "handle it" by having the "Home Office pay me" for my personal equipment and other items. Because the Dowley Security Systems on site manager refused this action, he placed me in the untenable position of possibly being charged by Dowley for its property I clearly had no longer control over upon departure. By terminating me and preventing my return to Iraq, Dow ley unequivocally made it impossible to personally either ensure Dow ley's property was returned or mine recovered.

2 3. On the basis of the information in your , as well as the "Cease and Desist" letter from your corporate lawyer, it strongly appears to me both the above facts and those of the earlier incidents in Iraq were misrepresented by the Dowley on site manager. As you may recall, I personally provided you two memorandums for record on October 18th, 2012, concerning those two incidents, citing the correct facts (see Enclosures #4, and #5). Instead of investigating everything in a due process manner, it appears you opted in the direction of what I would consider unfair actions. If the Department of State was contacted by someone other than me, I would suggest it could probably have resulted from the DoS Site Security Manager (SSM) receiving a report the Dowley on site manager was in violation of specified site security regulations. Without specific data - by example only - we were all briefed regarding items not allowed on site - such as any electronic equipment containing a camera. In this scenario, my guess would be that something of this nature is what is really being investigated by the SSM and I am somehow being used as a scapegoat. Clearly, if such an item is found, this would reflect poorly on Dowley Security Systems, Inc.; most especially since the on site manager is supposed to set the example for all employees. In view of all proceedings to date, I think it can fairly be said I am indeed not happy with the way my employment was managed. I hope the information presented clarifies the actual facts in my case.

3 MEMORANDUM FOR RECORD TO : Mr. Thomas Moriarty, International Project Manager Dowley Security Systems, Inc. FROM: Charles A. Miller DATE: October 2, 2012 SUBJECT: Disposition of Items Remaining in Iraq During My R&R Should My Return Not Be Possible 1. In the event of my not being able to return to Iraq on October 24th, I have authorized Mr. Anton Braudaway to take possession of my remaining suitcase and Job Box. 2. Mr. Braudaway will remove those items remaining in my room and in the Job Box belonging to Dowley Security Systems and obtain a signature from you as proof that these items were returned. 3. Mr. Braudaway will then secure my items until his departure from Iraq and will make arrangements to ship the job box and suitcase to my residence. 4. I would appreciate your cooperation in this matter. Enclosure #1

4 MEMORANDUM FOR RECORD TO: Mr. Anton Braudaway, Pernix JV FROM: Charles A. Miller DATE: October 2, 2012 SUBJECT: Disposition of Items Remaining in Iraq During My R&R Should My Return Not Be Possible Good morning, Anton. I have as we discussed written a memo to Thomas Moriarty, stating that, if for some reason, I am unable to return to Iraq after my R&R, I have authorized you to take possession of my Job Box in the Dawley Warehouse, and the remaining suitcase in my Room (A-9). Accordingly, I would greatly appreciate your doing the following: 1. Arrange with Dawley, either Michael Leake or Thomas Moriarty to get my job box out of the Dawley Secure warehouse space. The combination to the locks on the box is: Before taking the job box out of the warehouse, please remove the items listed as Dawley Company property in the job box, and then get a signed list of what you turned over from either Michael Leake or Thomas Moriarty. Please keep this signed inventory, and ship it with the suitcase and 3. Secure my suitcase from my room and return the items of Dawley Company Property that are behind the TV set on the table, and return these items to either Mr. Moriarty or Mr. Leake. 4. Please ship these suitcase and job box to the address I ed you, and let me know what the cost was, and where to send a check to reimburse you for your trouble. Thank you for being a friend. Enclosure #2

5 Charley's Job Box Inventory: Top Tray: 1. lea Tube of toothpaste 2. 1 ea Can Right Guard Aerosol Deodorant 3. 2 ea. Brinks combination padlocks 4. 1 ea bag disposable earplugs 5. Copy of my LOA 6. Copy of my Passport title page 7. 1 set of goggles 8. 1 each IGN Strip/Crimp Tool 9. 1 each Paladin Modular Plug Crimp Tool each Lever Lock Tape Measure pkg of 3 Phillips 3-2 power grounding adapter ea. 4" side cutter ea. coaxial wire stripper ea. red-handled wire crimper ea. Amphenol Crimp Tool ea. 6" side cutter ea. 4" Needle Nose Pliers Bottom Tray: 1. 1 small bag Containing 4 each Step Bits of different sizes, 1 reamer, W' drill socket, and TT- 25 Screwdriver Bit ea. 40 PC Tap & Die Set

6 2. 1 each De Walt Hex Bit Driver Set 3. 1 each hacksaw w/spare blades- inside small parts box Dowley Company Property in Job Box: Top Tray: 1. 2 ea. bags tie wraps, 1 black, and 1 white 2. 1 ea. 12 pack of 9V batteries 3. 1 pkg (100 ea.) #8 x 1-1/2 pan head screws Bottom Tray: 1. 1 ea. DeWalt Drill kit, w/charger and batteries 2. 1 ea. Dremel Tool Kit 3. 1 ea. Small parts box with miscellaneous small parts 4. 1 ea. 50 foot extension cord ea. DeWalt Pilot Point Drill Index Enclosure #3

7 MEMORANDUM FOR RECORD TO: Whom it May Concern FROM: Charles A. Miller DATE: September 7, 2012 SUBJECT: Letter of Corrective Action from Mr. Thomas Moriarty On 7 SEP 2012 I received a letter from Mr. Thomas Moriarty, Dowley Security Systems Inc.; International Operations Manager, alleging that he had been informed by Miktad Akman, Serka Group Electrical Engineer and Necati Tas, Aemec Electrical Engineer that I had been causing issues due to conversations with the customer and members of the Joint Venture (JV) without Serka being present. Specific allegations made in the letter were: 1. "Conversations with a member of the Department of State Overseas Building Operation {080) informing the 080 that the CAC's were wrong and that the project is off course." This "conversation" was reported by Michael Leake to Mr. Moriarty. Unfortunately, the conversation Scott and I had occurred during a period of time when Mr. Leake was present only part of the time. What was actually said was that the CACs as built did not match the ASI-010 drawing package issued by the Interface Engineering agency, and that it was probable that it could affect the project schedule if they hadn't been approved by OBO. Scott advised me that they appeared to be GFE and that he thought that OBO would not object to that. We ended the conversation cordially with my stating that the design would not affect our TSS installation. A subsequent conversation with Mr. Leake proved that he had in fact only heard a portion of the conversation between Scott and me. At no time did I state that the project was off course, as Mr. Leake reported it to Mr. Moriarty. Additionally, there was nobody else present at the time of the conversation, and so the only source for this could have been Mr. Leake. It should be evident that neither Mr. Akman nor Mr. Tas could have reported this to Mr. Moriarty as neither they nor anyone else was present at the time. 2. "Discussed with members of the J/V that plywood erected inside the EC rooms of the CHU Pods was not Fire Rated when in fact they were." First, I did not have a conversation about this issue with anyone except Mr. Sahin and one other individual named Ismail, who are members of another sub-contractor, AEMEC, regarding the plywood. When we were looking at the conduit design for the North CAC, Mr. Sahin expressed to me that he thought that the plywood was not fire-rated. I told him that it appeared so, and that in the US, fire rated plywood would have been a different color or stamped to show that the plywood was fire rated. During our conversation, one of the supervisors, Ramazan, came by, and when they asked him about it, claimed that the plywood he used was certified, and had the certification on file. When Mr. Sahin called Mr. Tas about the issue, he got into trouble with Mr. Akman, who also complained to Mr. Moriarty about it when I was seen by both Mr. Moriarty and he talking to Mr. Anton Braudaway, J/V Pernix construction manager. Neither of them was near enough to hear what was actually said, but the gist of our conversation was that HE had found that the plywood used in the CACs and the CHU pod EC Rooms

8 was not fire rated and asked was I aware of that. I told him that I didn't know about it, but if true, it should be reported, to which he stated that he had already reported the issue to the Project Manager. A couple of weeks later, it was determined that all of the plywood installed by Serka was installed under the direction of Mr. Akman, who KNEW it was not fire-rated, and that the project would have to be delayed until the correct plywood was ordered from Turkey and was replaced. In my opinion, Mr. Moriarty responded to Mr. Akman's complaint and threw me under the bus for political reasons, without actually trying to investigate Mr. Akman's allegation. The letter itself is indicative of this because he refused to talk to me about it. It is evident that Mr. Moriarty is focused on the political end of the project and not o taking care of the people he supervises or this would not have happened. Additionally, even though the allegation was later proven false, he has made no effort to speak with me about it further. Mr. Moriarty alleged that these "conversations and improper voicing of one's opinion was having a negative impact on the Dowley/ Serka relationship." Further, he stated that I had "repeatedly been given step by step instruction regarding Dowley's role as a subcontractor to Serka and to not have any specific conversations regarding project progress outside the chain of command." He further stated that my "repeated inability to follow instruction could potentially have a negative impact on the successful completion of this project." There is definitely going to be an impact on the project, but not because of my voicing opinions. The real reason is that this project is extremely complicated; literally EVERYTHING that occurs in construction and electrical installation, the CAC buildings, the FEBR doors being used, and numerous other items will affect the TSS installation. I know this, having been in a position to watch past OBO projects have numerous "punch list" items that came up during the commissioning inspections, and was determined to bring everything to Mr. Moriarty's attention. Unfortunately, Mr. Moriarty has the opinion that if the item is not in Dawley's scope, then he ignores it. The end result, for instance, would be in the case of the plywood, require that a!l equipment and conduit being ripped off the installed plywood, and re-installed at the contractor's expense because they failed to follow the SED specifications. I don't think that Dowley should be held responsible for eating the cost because Serka did not install the correct equipment. I have never talked about the project's progress outside the chain of command with anyone. Mr. Moriarty's concern about these centers around the fact that the J/V Project Manager, M. William Hubbard is a retired Navy Seabee and an old friend of mine from our days with the Department of State. I have not compromised the Dowley company standards by telling him anything about what we are doing. As for the "Step by Step Instruction," from Mr. Moriarty, his guidance was to say nothing about what we are doing, and telling both me and Mr. Leake to not say anything because if we say anything about what we are doing to anyone, particularly the American staff of the J/V, they will use it against Serka. He has also stated that he has the "big picture about the project." If this had been true, he would not have thrown me under the bus so readily, and would have investigated the allegations by asking me about them before taking action. Instead, he refused to speak to me and wrote the corrective action letter, sending it to Mr. Cribbs as well. It is obvious that his management style of management by is what is causing these things to happen.

9 Finally, he stated that my "failure to follow guidance, inability to be a team player, and overall attitude and hubris has had a negative impact on Dowley's reputation on the Sather Project." and "formerly directed me to remain within the chain of command, voice all opinions to my on-site direct supervisor and direct any outside agency inquiries 080/JV or others to Serka." The letter ended with the words, "Failure to follow this guidance can result in progressive discipline, further corrective action up to and including termination." First, as was explained earlier, I have been following guidance, saying nothing during briefings, or to anyone efse. If I've had an issue, then I have attempted to explain the issue to Mr. Moriarty, only to be told to "stop sending him detailed explanations and send him a simple ." None of the issues are simple; and the detailed explanations I have provided take into account the fact that Mr. Moriarty knows absolutely nothing about TSS or the way in which OBO and the Department of State operate. I was hired because of my thorough familiarity with the way in which they both operate, and my advice has been ignored. Second, I have been trying to be a team player; purchasing a coffee pot and his peanut butter and other items, as well as medicine for Mr. Leake, even though this is against Army and Air Force Exchange Service (AAFES) regulations, because neither of them is authorized to shop at the Post Exchange (PX). If this is not being a team player, then I'm not sure what this means. At this point in time, I am seriously considering resigning my position because this entire situation has been both unfair and I have no desire to work for a manager who conducts his business with me by e mail, even though I have been less than thirty feet away most of the time. Enclosure #4

10 Memorandum for Record From Charles A. Miller Date: 30 September 2012 Subject: from Mr. Thomas Moriarty, International Project Manager Today, I received the following from Mr. Moriarty: "Good copy, your statement makes reference that you were unaware you were not allowed to purchase alcohol for Serka yet you did so on several prior ocassions without my knowledge; I am curious as to why you informed me prior to purchase this last time, a rhetrorical question no reply necessary. We were briefed on Prohibited items prior to deployment via and our bags were searched upon arrival, as well as the fact that the Camp Sather Serka Rules and Regulations are clearly posted in Turkish and English on every CHU pod living container. You should know that Mr. Altigan is upset with me because he feels I stopped you from buying him alcohol. I will repair that relationship in time. Please review the Rules on Regs on your Chu Pod and if you require any further clarity send me a message, otherwise I do not wish to have any more discussions on this matter, no reply necessary. V/R Thomas" As it appears that in the above, Mr. Moriarty is indirectly accusing me of lying to him, I have prepared this memorandum. My statement was accurate: the briefing we received prior to departure from Houston consisted of a list of prohibited items, alcohol among them, which we were not supposed to bring with us. The instruction, as I remember it, said nothing about purchasing Alcohol or anything else while at Sather. Mr. Moriarty's statement that the Camp Sather Rules and Regulations were clearly posted on the doors of "every" CHU pod living container is incorrect; the side ofthe camp in which I am living does not contain these instructions. Normally, American personnel occupy them, and I, as a retired officer, am authorized to purchase and have it on hand. Further, prior to my move to this room, the only instructions posted on the door to the room in which Mr. Leake and stayed was the Fire Bill. As I was leaving the room after reporting the incident to Mr. Moriarty, I did note that the instructions were posted on Mr. Moriarty's door, but not on the door to my former room. I did not look at Mr. Moriarty's door prior to this incident because I assumed that the item posted was the same fire bill that was on the other door. The interesting thing is that these items that are posted on the doors are from the old Shield contract and were left on the doors when the CHUs were brought over from the Shield Base. I am not sure they are even in force, because the other two Retired ID card holders are purchasing alcohol for members of Serka and I'm absolutely certain that Miktat would have complained about it had he had an issue with it.

11 This is also, by the way, further proof that my conversations with Mr. Leake are being reported to him by Mr. Leake as I mentioned that I had received another letter from Mr. Moriarty to him at breakfast this morning. It is evident that Mr. Leake is reporting everything I tell him to Mr. Moriarty. Finally, AAFES Regulations, which are run by the DOD, not the State Department, are very specific about the privileges regarding PX purchases. They specifically state that PX users MAY NOT purchase any item for non-authorized personnel; this means that if I bought something for Thomas or Mike, I'd be in violation because THEY are not valid users. If it was determined that I had purchased or furnished items t o them, I would lose my PX privileges. Accordingly, since Thomas apparently is unaware that I was violating regulations to get them (mainly him) items from the PX, such as the coffee and other items I have purchased for him in the past, I could be in just as much trouble for doing this as I would have been for purchasing things for Ani I, alcohol or otherwise. Therefore, from this date on, I'm not purchasing anything from the PX for either of them because I don't want to lose my PX privileges. The more likely issue here is that he's angered Serka by refusing to comply with their requests for purchasing things, and damaged his relationship with Dawley; I am not responsible for this because of HIS order to me. Enclosure #5