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Pleading Number : 2010025229 Submission date : 2010-10-26 02:12:22 Confirmation Number: 1851935877 page 1 of 20 Table of Contents

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Pleading Number : 2010025229 Submission date : 2010-10-26 02:12:22 Confirmation Number: 1851935877 page 2 of 20     

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Pleading Number : 2010025229 Submission date : 2010-10-26 02:12:22 Confirmation Number: 1851935877 page 3 of 20 UNI T E D ST A T ES O F A M E RI C A M E RI T SYST E MS PR O T E C T I O N B O A RD W EST E RN R E G I O N A L O F FI C E

DOCKET NUMBER MANUEL ALCARAZ, SF 0752-10-1001-I-1

Appellant, APPELLANT’S OPPOSI T I O N T O AGENCY’S MOTION TO SEAL THE R E C O RD A ND C L OSE T H E H E A RIN G v.

DEPARTMENT OF HOMELAND SECURITY,

Agency.

On or about October 15, 2010, the Agency filed a Motion to Seal the Record and Close the Hearing in the instant matter. Appellant, hereby opposes the Agency’s motion. The Board’s regulations provide, with few exceptions, that its hearings be open to the public. Closing a hearing, particularly over the objections of an appellant, is an extreme measure. 5 C.F.R. § 1201.52 provides that “[h]earings are open to the public. The judge may order a hearing or any part of a hearing closed, however, when doing so would be in the best interests of the appellant, a witness, the public, or any other person affected by the proceeding. Any order closing the hearing will set out the reasons for the judge’s decision. Any objections to the order will be made a part of the record.” In this case, the Agency has failed to make the requisite showing that it would be in “the best interests of the appellant, a witness, the public, or any other person affected by the proceeding” to close the hearing or seal the record. The Agency’s motion in this case is nothing more than a pro forma motion that makes blanket assertions that are unsupported by the record or fact. The first four pages of the Agency’s motion simply regurgitate the history of the Agency and the regulatory

Alcaraz v. Dept. of Homeland Security, SF 0752-10-1001-I-1 1 Appellant’s Opposition to Agency’s Motion to Seal the Record and Close the Hearing

Pleading Number : 2010025229 Submission date : 2010-10-26 02:12:22 Confirmation Number: 1851935877 page 4 of 20 framework for SSI. In support of its motion and in an apparent attempt to mislead the Board, the Agency attached two documents to its motion, neither of which has anything to do with this Chapter 75 appeal. Agency Exhibit A is a Statement of Work that applies to Transportation Security Officers, not Federal Air Marshals, alleging retaliation for whistleblower activity. Similarly, Agency Exhibit B, is an Interagency Agreement between the Board and the Agency regarding the adjudication of certain whistleblower appeals. Neither document applies to the instant matter. Contrary to the implications in the Agency’s moving papers, this case does not involve “misconduct” on the part of Appellant that, if revealed, would jeopardize the nation’s aviation security. This is not a case that involved any on-duty conduct by the Appellant. This is not a case that involved Appellant violating any rules or regulations regarding aviation security. This case will not reveal any facts about the security procedures in place to protect aviation security. The facts of the case are relatively straightforward. The Agency revoked Appellant’s top secret security clearance as a result of an off-duty incident that had nothing to do with aviation security. In revoking Appellant’s top secret security clearance, the Agency admittedly relied upon a report prepared by an outside agency, the Office of Personnel Management, and refused to provide Appellant with a copy of that report despite his demands for the document. Contrary to the Agency’s blatant misrepresentation, the record is not “replete with SSI.” Apparently, the entire basis for the Agency’s request to close the hearing and seal the record is its unsupported assertion that “[t]he record contains numerous documents indicating the names of various [Federal Air Marshals].” The statement implies that Appellant engaged in misconduct while on a mission or otherwise on duty, that other Federal Air Marshals were witness to the incident and that their testimony would somehow implicate aviation security. Nothing could be further from the truth. First, there is no evidence that any of the individuals whose name appears in any of the documents, aside from Appellant who is now a former employee, is a Federal Air

Alcaraz v. Dept. of Homeland Security, SF 0752-10-1001-I-1 2 Appellant’s Opposition to Agency’s Motion to Seal the Record and Close the Hearing

Pleading Number : 2010025229 Submission date : 2010-10-26 02:12:22 Confirmation Number: 1851935877 page 5 of 20 Marshal. The individuals involved in this action are all high ranking Agency officials, not rank and file Federal Air Marshals. Second, not a single document contained in the entire Agency File has been designated as Sensitive Security Information. While the Agency File provided to Appellant contains a “Sensitive Security Information Cover Sheet,” not one page of the Agency File contains the header or footer designation required by the Agency’s SSI regulations. The record cannot be “replete” with SSI when not a single document has been designated or marked as SSI. Third, the regulation upon which the Agency relies regarding the identity of FAMs specifically refers to “lists of the names” or other identifying information that identify “persons” (plural) as holding the position of Federal Air Marshal. Nothing in that section prohibits identifying an individual employee as a Federal Air Marshal or for the employee to identify himself or herself as a Federal Air Marshal. This is supported by the fact that the Agency routinely identifies Federal Air Marshals (and their supervisors) in its online newsletter for all the public to see. (See e.g. Exhibits 1-4). Certainly, the Agency would not violate its own regulations, on a recurring basis, by posting SSI on its public website. Finally, even if the identity of various, purported Federal Air Marshals is found to be SSI, there are less intrusive ways to restrict any potential disclosure of the information by utilizing the employee’s initials or some other unique identifier, rather than closing the hearing in its entirety and sealing the record in this matter, particularly when there is no information at issue that could compromise aviation security. The Agency concludes its argument with the threat that “if the record is not sealed and the hearing is not closed, the Agency will have no choice but to refrain from participating in the hearing.” The Board should not be blackmailed by the Agency’s threat. The hearing in this case has nothing to do with aviation security. The fact that a small handful of high ranking Agency officials, who may or may not be Federal Air Marshals, may testify about their function as a proposing or deciding official in the underlying action based on a charge of Inability to Maintain a Top Secret Security

Alcaraz v. Dept. of Homeland Security, SF 0752-10-1001-I-1 3 Appellant’s Opposition to Agency’s Motion to Seal the Record and Close the Hearing

Pleading Number : 2010025229 Submission date : 2010-10-26 02:12:22 Confirmation Number: 1851935877 page 6 of 20 Clearance does not implicate aviation security. The Board is a final check on the unbridled power the Agency has wielded up to this point by refusing to provide Appellant all of the information upon which the proposal and decision to revoke his clearance is based. The Agency should not be allowed to further conceal its actions and its blatant refusal to abide by the law by threatening to boycott the hearing in this matter if the record is not sealed and the hearing closed. Appellant respectfully requests that the Agency’s Motion to Seal the Record and Close the Hearing be denied.

Respectfully submitted,

GATTEY AND BARANIC A Professional Law Corporation

Dated: October 25, 2010 By: /s/ Michael P. Baranic Attorneys for Appellant

Alcaraz v. Dept. of Homeland Security, SF 0752-10-1001-I-1 4 Appellant’s Opposition to Agency’s Motion to Seal the Record and Close the Hearing

Pleading Number : 2010025229 Submission date : 2010-10-26 02:12:22 Confirmation Number: 1851935877 page 7 of 20 10/25/2010 TSA: Off-Duty FAM Acts Quick, Nabs F…

Off-Duty FAM Acts Quick, Nabs Felon

News & Happenings

February 11, 2008

A federal air marshal was recently recognized for assisting local law enforcement with the capture of a man wanted on multiple felony arrest warrants.

While off duty in Atlanta, FAM Michael Godwin observed a man running from a car pulled over by police. Reacting swiftly, Godwin identified himself to police as a law enforcement officer and joined in the foot pursuit. Godwin caught up to the suspect with his service weapon drawn, and after repeated warnings to stop, tackled the suspect. The police arrived and took the suspect into custody.

"FAM Godwin’s situational awareness, sound judgment and his assistance to fellow law enforcement colleagues is commendable," said Atlanta Special Agent in Charge Arnold Cole. Special Agent in Charge Arnold Cole (right), Federal Air Marshal Service, Atlanta field office, congratulates FAM FAM Michael Godw in for helping capture a felon.

Transportation Security Administration | U.S. Department of Homeland Security

tsa.gov/press/…/michael_godwin.shtmPleading Number : 2010025229 Submission date : 2010-10-26 02:12:22 Confirmation Number: 1851935877 page 8 of 20 1/1 10/25/2010 TSA: Federal Air Marshal Team Provid…

Federal Air Marshal Team Provides Medical Assistance at Midway, Gives Passenger Second Chance

Workforce Stories

Federal Air Marshals (FAMs) are well known for the law enforcement presence and security they provide aboard aircraft in flight. Less known is their mission to ensure the safety and security of the traveling public while on the ground – before, between, and after their flights.

On Thursday, September 2, an air marshal team transiting through Chicago’s Midway International Airport responded to a medical emergency and saved a life.

While walking to their assigned gate, the FAM team discovered an unconscious passenger lying on the floor near the departure area. After a quick medical assessment, it was determined that the passenger did not have a pulse and had stopped breathing. The FAM team immediately began providing medical assistance and retrieved an Automated External Defibrillator (AED).

Acting quickly, the FAM team and a passing flight attendant applied the AED’s pads to the passenger’s chest and initiated a scan with the device. The AED’s automatic assessment indicated a shock was necessary to restore a normal pulse. After receiving a single ‘shock’ from the AED, a normal pulse was restored. A respiratory therapist who was in the area provided positive ventilation and oxygen to the passenger. The FAM team remained with the passenger until paramedics arrived to take over care for the passenger and transport him to a local hospital.

“Federal Air Marshals are highly trained professional law enforcement officers with emergency medical response capabilities,” said Federal Air Marshal Service Special Agent in Charge Ted Hresko. “I am proud of the FAM team’s quick response during this medical emergency and their dedication to the public welfare.”

According to the American Red Cross, sudden cardiac arrest strikes more than 300,000 victims each year, of which only about five percent survive. Early access to advanced care, including CPR and defibrillation within the first ten minutes, offer the best chances for long-term survival.

Thanks to the swift actions of the FAM team, the flight attendant, and the respiratory therapist, the cardiac arrest was rapidly identified and the passenger successfully revived in a short period of time.

Transportation Security Administration | U.S. Department of Homeland Security

tsa.gov/…/news_090310.shtmPleading Number : 2010025229 Submission date : 2010-10-26 02:12:22 Confirmation Number: 1851935877 page 9 of 20 1/1 10/25/2010 TSA: TSA Weekly, March 30 - April 3, …

TSA Weekly, March 30 - April 3, 2009

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Gale on Workplace Issues

From the Office of Strategic Communications/Public Affairs

On Tuesday, March 21, Acting Administrator Gale Rossides testified before the House Appropriations Committee, Subcommittee on Homeland Security about numerous topics, including air cargo, the Secure Flight watch list matching program and the work environment. When asked about collective bargaining, she said:

“ … if there are two corporate principles that I and the leadership of TSA believe in, it is that we owe it to the American people to provide a level of security that is the best in the world and that we owe it to our employees to provide the very best quality of work life that we can provide to them.”

Other excerpts:

“ … The attrition rate [for full-time employees] four years ago was over 30 percent, and today, for the voluntary full-timers, it's at 7.5 percent. The part-time attrition rate, four years ago, was over 50 percent and today it is 17 percent.

“The progress in that area goes right to the heart of our involving our employees in telling us, what are the things that they would like to see in the workplace that we could put in effect. So, for example, for the part-time employees, we provide full-time health benefits, and just doing that has significantly contributed to reducing the attrition.”

“Another area that TSA tremendously focused on in its workforce initiatives was in the area of injuries. And I will tell you today that we do not have the worst injuries in the federal government because we have made dramatic improvements in cutting those injury rates by more than 50 percent.”

“And all of this has been because our employees have been able to be part of giving us the solutions.”

“I will tell you, in all honesty, that my involvement in TSA has been a labor of love. And I don't think you will meet anybody on this planet that wants something, as for the welfare of our workforce, as I do.”

A Message from Gale

‘Information Protection is Everybody’s Business’

One of our awesome responsibilities as employees of TSA is information protection. During the month of April, “Information Protection Month,” we will emphasize our obligation to safeguard internal information and handle it responsibly, as well as our duty to be responsible stewards of the information entrusted to us by the www.tsa.gov/weekly/033009.shtmPleading Number : 2010025229 Submission date : 2010-10-26 02:12:22 Confirmation Number: 1851935877 page 10 of 20 1/7 10/25/2010 TSA: TSA Weekly, March 30 - April 3, … American public. We cannot maintain the respect of the traveling public and our stakeholders if we do not protect their information while being totally transparent in all of our processes.

Information protection must be a high priority for everyone at TSA. It’s not just the responsibility of IT security professionals or Intel analysts – it is the responsibility of every employee to safeguard the information we handle. This message begins an awareness campaign that will address the “Whys” behind information protection and the “Hows” of accomplishing it.

I can’t think of a better way to express the importance of information protection than to share with you the fact that the Senior Leadership Team (SLT) recently voted unanimously to incorporate “information protection” in the TSA Core Value of Integrity. As you know, each Core Value has a definition to make clear what it means for TSA. The first statement under the Core Value of Integrity has been modified to read, “We are a people of integrity who respect and care for others and protect the information we handle.” This addition demonstrates TSA’s commitment to safeguard all sensitive data that we collect.

Graphic by Ann Oh Like many organizations – in government and private sector alike – TSA has dealt with a serious information breach. Ours happened in May 2007 when a hard drive went missing that contained employee personal data. We responded quickly and completely to reduce the likelihood of a reoccurrence and to ensure our employees were protected against fraud. I immediately established an internal Information Protection Commission to review TSA policies and practices and make recommendations for improvement. The Commission made 30 recommendations which were then validated by an independent review panel of outside industry experts. Last summer, the SLT approved a permanent Information Protection Oversight Board (IPOB) to implement the recommendations and to cultivate a culture of information protection at TSA. The board, comprised of senior level representatives from every TSA office, has undertaken critical activities to ensure that TSA is doing everything it can to be a trusted guardian of personal and sensitive information, including launching this awareness campaign.

You might be surprised to realize that TSA has a network of program offices with information protection responsibilities including: Sensitive Security Information (SSI), Operations Security (OPSEC), IT Security, Privacy and Insider Threat. During April and in the months ahead, we will focus on multiple aspects of information protection and your responsibility within each area.

Stay tuned for more on our call to awareness and call to action. We will disseminate simplified IT security guidance and launch an iShare page as a one-stop shop for information protection-related information. Topics will be approached in serious and engaging ways, including a “Spring Clean-up” challenge.

Information protection is an integral part of our security mission. Although the IPOB and several offices provide guidance and oversight, YOU play the critical role in ensuring that at TSA we have Total Security Assurance!

News

DHS Efficiency Moves to Cut Travel, Ban Contractor-Designed Logos Heart Attack Victim Saved by Officer TSA Partners With Airport to Catch a Thief One of TSA’s First FSDs Retires Women's History Month Event Emphasizes Networking This Week’s Featured Local Newsletter

Your Weekly E-mail Tip www.tsa.gov/weekly/033009.shtmPleading Number : 2010025229 Submission date : 2010-10-26 02:12:22 Confirmation Number: 1851935877 page 11 of 20 2/7 10/25/2010 TSA: TSA Weekly, March 30 - April 3, … Your Weekly E mail Tip

For the next several weeks, TSA Weekly will re-publish tips on how to manage your work e-mail account. If you have suggestions for managing e- mail, let us know and we’ll consider them for publication. Graphic by Ann Oh This Week’s Tip: If you are a security officer and do not yet have a work e-mail account, please talk to your training coordinator or security manager. Training coordinators or screening managers are asked to call the Single Point of Contact (SPOC) with a consolidated list of TSOs at their locations who do not have e-mail accounts.

Supervisory TSO Sonja Armstrong of Show Low (Ariz.) Regional Airport, on a 30-day detail w ith the IdeaFactory, poses a question News to senior leadership at a tow n hall forum April 1 at headquarters. Issues included Evolution, IdeaFactory, the Integrated Conflict DHS Efficiency Moves to Cut Travel, Ban Contractor- Management System, and pay bands. Acting Administrator Gale Designed Logos Rossides pointed out that a critic of TSA, w ho is also a frequent

From the Office of Strategic Communications/Public Affairs blogger, recently w rote online that TSOs are doing “a great job” and invited fellow travelers to thank “all of the great TSOs out there Eliminating for doing a tough job and putting up w ith a lot of abuse that they travel that is don’t deserve.” Listen to a portion of remarks by Gale Rossides. not mission Photo By Jeremy Trujillo (blogspot.com) critical and a moratorium on using contractors to design and produce new seals and logos were among the Efficiency Homeland Security Secretary Janet Napolitano Review Photo by Mike Simons initiatives Homeland Security Secretary Janet Napolitano announced March 27.

The initiatives, expected to save hundreds of millions of dollars, were unveiled at TSA’s Transportation Systems Integration Facility at Ronald Reagan Washington National Airport.

“An example of efficiency at work is right here at this TSA facility, [which] enhances security while streamlining the procurement process and standardizing how the equipment is tested,” said Napolitano.

The review addresses six main categories, starting 30 to 120 days out:

Acquisition management, such as eliminating printing of documents that can be sent electronically or online; restricting travel in favor of conference calls and Web-based meetings; and moving to DHS-wide purchases to leverage buying power. Asset management, such as acquiring hybrid or alternative fuel motor vehicles; assessing work done by employees and contractors; and contractors no longer producing logos. Employees are encouraged to submit ideas to improve www.tsa.gov/weekly/033009.shtmPleading Number : 2010025229 Submission date : 2010-10-26 02:12:22 Confirmation Number: 1851935877 page 12 of 20 3/7 10/25/2010 TSA: TSA Weekly, March 30 - April 3, … efficiency. TSA employees can submit ideas using the IdeaFactory Employee vetting and credentialing, to make it easier to identify disqualifying factors early in the process, to save money and reduce backlogs. IT acquisition management, by moving from DHS components buying computer software independently to department- purchased licenses. Management of real property, emphasizing renewable energy technology and conservation. On-boarding new employees, with consolidated employee orientation and a standardized mandatory training curriculum to eliminate duplication.

Watch videos from the secretary’s visit at: http://www.tsa.gov/press/happenings/tsif.shtm

Heart Attack Victim Saved by Officer

By Linda Evans, management analyst, Bangor (Maine) International Airport

An officer used his EMT training to save a man’s life at Bangor International.

With military troops returning from deployment and pouring into the airport’s terminal, Don Guptill of Bangor greeted soldiers as part of a coordinated effort to ensure each solider is welcomed back. Suddenly, Guptill, a military veteran, collapsed to the ground, and TSO John Sullivan sprang to action.

Because Guptill stopped breathing and had no pulse, Sullivan immediately started cardiopulmonary resuscitation compressions. A few seconds later, the man regained consciousness and began breathing on his own.

“The immediate medical attention and rescue provided by TSO John Sullivan makes all of us here at Bangor, and across TSA, proud of the work our frontline officers perform on a daily basis,” said Assistant TSO John Sullivan. Photo by Scott Arbo FSD Greg Willard. Back to Top

TSA Partners With Airport to Catch a Thief

By Ron Eschmann, communications lead, Office of Security Technology

When a passenger at California’s Sacramento International Airport told officials that she believed her jewelry may have been stolen at a checkpoint, TSA moved quickly and the items — worth an estimated $1,000 — were successfully recovered.

After searching the area, officers at the TSA Coordination Center, where airport operations are monitored by video and audio, used archived footage to identify the suspect. The video showed a male passenger attempting to hide the jewelry that was inadvertently left on the baggage conveyer belt.

Within moments, airport law enforcement found the suspect at an airport TSA monitors passenger activity at a checkpoint at restaurant and charged him with grand theft. Sacramento International Airport. Photo by Ron “Thanks to the speedy work by TSOs, the TSA Coordination Center personnel Pelayo and the Sacramento County Sheriff's Department, we found the suspect and retrieved the stolen items,” said FSD Ron Pelayo.

Back to Top www.tsa.gov/weekly/033009.shtmPleading Number : 2010025229 Submission date : 2010-10-26 02:12:22 Confirmation Number: 1851935877 page 13 of 20 4/7 10/25/2010 TSA: TSA Weekly, March 30 - April 3, …

One of TSA’s First FSDs Retires

By Jon Allen, Office of Strategic Communications/Public Affairs

Willie Williams, sworn in as FSD for Hartsfield-Jackson Atlanta International Airport on March 13, 2002, has retired. He was in the class of seven FSDs who were the first to be sworn in by the newly created agency.

Williams served as FSD in Atlanta until July 2008, when he was named head of a new initiative aimed at further enhancing airport airside and perimeter security.

Prior to joining TSA, he served as police chief for the cities of Los Angeles and Philadelphia. His law enforcement and federal security career spanned more than 40 years.

Scott T. Johnson (right), director of field operations, At a recent luncheon celebrating his career and retirement, Williams Security Operations, hands former FSD Willie was praised by many. “Willie is a true professional, a man of integrity Williams a plaque w ith a picture of the Pentagon on and someone who gives good advice,” said Kelly Hoggan, deputy 9/11. Photo by Jon Allen assistant administrator, Security Operations.

“I see Willie every day at headquarters, as a photograph of him being sworn in is prominently displayed,” said Scott Johnson, general manager for field operations, Security Operations. “He has upheld his oath to defend the Constitution and has done so honorably.”

Williams credited those he worked with for getting TSA operations underway at the world’s busiest airport. “Never have I seen a harder working, dedicated group of individuals take on such a challenge,” he said.

Three of the six FSDs who were sworn in with Williams remain at TSA: Gail Linkins, Mobile (Ala.) Regional Airport; Mike Aguilar, San Diego International Airport-Lindbergh Field; and Arnold Cole, who is now special agent in charge, Federal Air Marshal Service, Atlanta field office; and the last three retired: Isaac Richardson; William Pickle; and Marcia Florian.

Back to Top

Women's History Month Event Emphasizes Networking

By Kimberly Bandy, manager, Federal Women's Program, Office of the Special Counselor, Office of Civil Rights and Liberties

Developing mentoring relationships, obtaining developmental work detail assignments, and establishing career path plans were some of the topics discussed at the TSA Women’s Leadership Forum, Leadership Access Network: Connecting, Mentoring and Informing, held at headquarters March 24.

Panelists also talked about challenges of balancing professional and personal obligations. FSD Gail Linkins, Mobile (Ala.) Regional Airport, said women must be their own “self-advocates in the workplace.” FSD Lyndel Hardy, Birmingham (Ala.) International Airport, reminded participants to have a “big picture view of the organization,” observe where it is headed and avoid getting “lost in the details.” From left, Jackie Bell, AFSD, Charlotte/Douglas (N.C.) International Airport; Michelle Washington- The forum, sponsored by TSA’s Federal Women's Program Working Group, Holland, director, Transportation Intelligence featured a leadership panel that included Chief Counsel Francine Kerner; Analysis, Office of Intelligence; and Francine FSDs Debra Engel, Charleston and Myrtle Beach (S.C.) International airports, Kerner, chief counsel. Photo by Brigitte Dittberner Linkins and Hardy; Assistant FSD for Screening Jackie Bell, Charlotte/Douglas (N.C.) International Airport; Special Agent in Charge Maria Perez, Federal Air Marshal Service (FAMS); Director Michelle Washington-Holland, Transportation Intelligence Analysis, Office of Intelligence and Analysis; and Instructor www.tsa.gov/weekly/033009.shtmPleading Number : 2010025229 Submission date : 2010-10-26 02:12:22 Confirmation Number: 1851935877 page 14 of 20 5/7 10/25/2010 TSA: TSA Weekly, March 30 - April 3, … Kimberley Thompson, FAMS. Moderators were Special Counselor Kimberly Walton and Director Jennifer Carmichael, Office of Civil Rights and Liberties.

If you have questions or are interested in serving on the TSA Federal Women's Program Working Group, e-mail [email protected] or call 571-227-2352.

Back to Top

This Week’s Featured Local Newsletter

The February issue of The Ocean Slate, a newsletter published by TSA’s Model Workplace ICMS Communications team at Rhode Island’s T.F. Green International Airport, offers a good mix of stories about people and security. Stories are both entertaining and informative, covering technology, employee awards, CFC and Security Evolution. Overall, the layout makes good use of photos, graphics and stories.

Back to Top

Kudos & Clips

Reno Airport Officials Show Off New Baggage Area By Ray Hagar, Reno Gazette-Journal, March 31, 2009 Officials at Reno-Tahoe International Airport showed off construction of its $63 million baggage and check-in area Monday, saying the 1.3-mile baggage conveyor system can move items from the check-in desk to the belly of an airplane in 15 minutes or less. Read more. (rgj.com)

Do you know where Bloomington, Ill., is? It's well worth the trip just to experience the TSA folks at that airport. Courteous, helpful, smiling ... I watched a TSO high-five a youngster before screening his Mickey Mouse backpack. The boy smiled and giggled all through the screening process. A TSO got on his knees to put shoes back on a handicapped gentleman, and a TSO ran all the way to the gate with a gentleman’s belt that was left at the checkpoint. Most of the TSOs here appear to enjoy what they do. They’re very professional and very helpful at putting the passengers at ease. The airport has a mail-back program, which the TSO points out to passengers that need to send granddad’s pocket knife back home. It may not be the best in the nation, but the folks here rank in the 100th percentile for trying. Don Schneider, Bloomington, Ill., to Harriet Baskas, writer/radio producer, Seattle. March 30, 2009.

I’d like to inform you of my very favorable impression of your staff at the Tucson (Ariz.) International Airport (TSOs Annette Burruel and Darnella Williams). I was traveling … with my 96-year-old mother. … My mother was being transported by wheelchair while I was dragging her walker and my carry-on. … I could not find my mother's ID. …We were referred to Transportation Security Manager Robert Quintanilla. ... He was very polite and friendly to both of us. The whole staff … was helpful, kind, and compassionate. … I saw men and women who were concerned, helpful, and helped an elderly woman … By keeping her calm, I was able to relax and enjoy the flight as well. Maria Jean Diener, Golden, Colo., to John Fay, stakeholder manager, Tucson International. March 23, 2009.

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TSA does not endorse, support or otherwise promote any private or commercial entity that may be reached through links in TSA Weekly. www.tsa.gov/weekly/033009.shtmPleading Number : 2010025229 Submission date : 2010-10-26 02:12:22 Confirmation Number: 1851935877 page 15 of 20 6/7 10/25/2010 TSA: TSA Weekly, March 30 - April 3, …

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Transportation Security Administration | U.S. Department of Homeland Security

www.tsa.gov/weekly/033009.shtmPleading Number : 2010025229 Submission date : 2010-10-26 02:12:22 Confirmation Number: 1851935877 page 16 of 20 7/7 10/25/2010 TSA: Federal Air Marshal Sets World M…

Federal Air Marshal Sets World Marksmanship Record

News & Happenings

July 2, 2008

A New York federal air marshal, considered one of the fastest shooters in the world, set a new world marksmanship record after shooting the "Roundabout" in 8.08 seconds during the "Speed-On-Steel Championships."

The June 13-14 competition was hosted by Old Bridge Rifle & Pistol Club, a premier shooting club in Middlesex County, N.J.

Each Roundabout stage requires a shooter to draw his or her pistol, hit four steel targets and then hit the stop target, stopping the clock. Shooters are graded on the accuracy of their shots, with misses resulting in a time penalty. With unmatched speed, the air marshal averaged 2.02 seconds per single run.

Facing 125 of the region's top shooters, the New York air marshal also won the overall title in the seven stage pistol competition. He is not being identified because he is one of the thousands of federal air marshals who blend in with the traveling public to provide security on commercial aircraft.

The Federal Air Marshal Service has long been recognized as having one of the highest marksmanship standards in federal law enforcement. "Marksmanship is a key component of federal air marshal training," said New York Special Agent in Charge Felix Jimenez.

"The Federal Air Marshal Service has attracted many excellent marksmen over the years. It is no surprise to learn we have one of the best here in New York."

Transportation Security Administration | U.S. Department of Homeland Security

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Pleading Number : 2010025229 Submission date : 2010-10-26 02:12:22 Confirmation Number: 1851935877 page 19 of 20

Certificate Of Service

e-Appeal has handled service of the assembled pleading to MSPB and the following Parties.

Name & Address Documents Method of Service MSPB: Western Regional Office Appellant's Opposition to e-Appeal / e-Mail Agency's Motion to Seal the Record and Close the Hearing Manuel Alcaraz Appellant's Opposition to e-Appeal / e-Mail Appellant Agency's Motion to Seal the Record and Close the Hearing

I agree to send a printed copy of the electronic pleading with attachments to non-efilers by the end of next business day, as follows:

Name & Address Documents Method of Service Hoaithi Y.T. Nguyen, Esq. Appellant's Opposition to US Postal Mail Agency Representative Agency's Motion to Seal Department of Homeland Security the Record and Close the Transportation Security Admin., Hearing Office of Chief Counsel 450 Golden Gate Avenue, Suite 1-5246 P.O. Box 36018 San Francisco, CA 94102 USA

Pleading Number : 2010025229 Submission date : 2010-10-26 02:12:22 Confirmation Number: 1851935877 page 20 of 20