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: 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 21, 2009
This message was posted on President Barack Obama’s website.
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?
January 26, 2009
On 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!!!
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.
