Free Response to Motion - District Court of Federal Claims - federal

Case 1:01-cv-00495-EGB

Document 280-2

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Appendix Description MOU (Feb. 2005) .............................................................. Jan. 5, 2000 Press Release ....................................................... RCC Organization Chart ........................................................ Organization of the LCO ..................... .................................. : Closing Dates of LCOs ......................................................... Trial transcript ................................................................ Form D-308 ................................................................... Exhibit 1 2 3 4 5 6 7

Field Supervisory Census Employee Handbook ...................................... 8 Field Nonsupervisory Census Employee Handbook ................................... 9 D-308's for Plaintiffs ....................................................... 10-30

Job Action Report re Alvin Monroe .............................................. 31 Declaration of Viola Lewis-Willis ................................................ 32

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UNII"F--D ~3"ATF--.S DEPARTMENT OF

COMMERCE
=::=--,, ~i~ ~' ~ WASHINGTON, DC 20230
FOR IM~[EDIATE RELF2tSE WEDArESDAY, JA!qUA!~Y 5, 2000 Decennial Media Relations 301-457-3691j301-457-3620 (fax) 301-457-1037 (TDD) e-mail: [email protected] CB00-C~.02

Census Bureau Begins to Recruit Hundreds of Thousands of Wor~ers for Census 2000 The Census Bureau today launched a nationwide recruiting ca'~ai~T~ to find workers .to fill thousands of short-term employment slots durins Census 2000. To adequately staff the temporary local census offices in every state, a pool of some 3 million applica~its.will be needed. "Census 2000 will be the largest peacetime mobilization in our nation's history," said Commerce Secreta-~ William M. Daley in a statement. "Hiring and retaining well-qualified.workers will be critical towards achieving a fair and accurate count."
Census Bureau Director Kenneth Prewitt urged everyone interested in a census job to call the agency's toll-free nu~d>er, 1-888-325-7733

While acknowledging that attracting qualified candidates will be a challenge in the current labor market, Prewitt noted that Census 2000 jobs are ideal for retirees, students and others seeking part-time work. For the first time, most federal e~ployees will be allow~d .to work on ~he census outside their normal work hours. Pay rates range from $8.25 to $18.50 per hour. People hired will work primarily out of the 520 local census offices across the country. Generally, each of the local census offices will need about 1,000 workers, most of them during a period of four to six weeks. The largest number will be needed beginning in mid-April when census workers visit households that do not return their Census 2000 forms by mail. During the course of census operations, there will be more than 860,000 employment slots to be filled. Some workers will be hired for one slot, and then rehired later to fill another slot. "Our goal is to have a pool of local people who are familiar with their communities and co~mitted to a successful count in their own neighborhoods," Prewitt stressed.
Pre~itt also underscored the fact that "the stakes are very high in the census" since, in addition to its constitutional purpose of apportioning seats in the U.S. House of Representatives, the census also is used in state legislative redistricting and to he~p determine the share of federal program £u~ds made available to state, local and tribal governments over

]

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Case 1:01-cv-00495-EGB gathered will affectFiled 03/23/2007 Page 3 ofof uL~= neon Qecaee.. Data Document 280-2 decisions on many matters 40
local importance, including education, health care, employment, housing, transportation and the environment. The addresses of local census offices are available on the Internet at http://www.census.gov/jobs2Ooo/www/index.html.

The Census Bureau guarantees that the answers .given om census forms are kept strictly confidential. Information collected in Census 2000 will provide local area data needed for communities to redei~e federal prc~ram funds and for private sector and community planning.

Source: U.X Census ~ureau ]~ublic Information Office 301-457-3030 L,~t P,.evised: April 13, 200I at 02:09:22 PM
2000 I Subiecls A loZ I -~ I .p, roducl Catalo~ I D~la ~ Tools

USCENSUS4~UREAU

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RCC ORGANIZATION CHART

Regional Director Assistant Regional Census Manager RCC Recruiters ~ Partnership Coordinator Partnership Specialists Automation Technician (UNIX) I

tt
I

Geographic Coordinator I

! SupervisoryI Computer Specialist Computer Specialist for Network Computer Specialist (UNIX) Computer Specialists

(Maps/Census I MAF/LUCA Geography) I i Geographic Geographic I I Specialists, Specialists I

I

I Administrative Supervisor

Automation Clerks

1
Administrative Specialist

I Administrative Specialist I , I I (Space/Leasing/ MaAn~aers (Pers°nnel/Rec°rds) l I Telecommunications)

I

!

I,--!

, 1

Regional Tech | Administrative ~(Field) | Specialist i Administrative I (Payroll/Audit)

IRegiona, tech ! ! ! I I Regiona, tech
I Operations I I I I I Office Support I Specialist

ql

Regional. Re g ional Tech (F~el Superviso~ ! I Nonsu erviso!p ry Tech (Field)

[ Managers

1-:2

LOCAL CENSUS OFFICE MANAGER'S HANDBOOK (8/16/99)

3

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o

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D-SO1 (~/99)

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Organ~zfidn and S~a g in ~h¢ Local Census Office

ORGANIZATION AND STAFFING KN THE LOCAL CENSUS OFFICE Thi~ chapter describes the Loci Census Office 0LCO) organizational structure and the duties assigned to each posii~on.
1A 0P~GANIZATION The Officg Mazmger zupcrvises the office accordLug to the sample organization ohart shown in I.llustration 1-! on page !-5. The chart shows the supervisory reporting relationships, as well as ~eas of responsibility within the office, The organization in your office may be slightly different. If so, the o£fiee mmaager will provide you with the appropriate changes. Until the Assistant Mmagers enter on duty, the Offi~ Manager will dire¢fly supervise operations in those resp~tive ar~as, STAFFING

The Off?ce Manager has been advised by the Area Mmager in the Regional Ce~ Center of the number of persons required to do specific operation- and the dates of their employment. These determi~fion3 are discussed with the appropriate supervisors who then request a list of applicants by identifTing the selection criteria or position using Form D-150, Selection Record Request.

1C ~,osmoNs
During the census, each employee is hired to do a specific job to keep operations on schedule. Refer to I!lus~ration 1-2 on page 1-6 for a list of the position titles, series and pay plan, a~d the position number. The Office Manager has a detailed job description for each employee. A summary is. provided below: ¯ Office Manager (Supervised by the Assistant Regional Cer~u~ Manager) Manages the overall Local Census Office operation, assuring that work is completed on schedule, according to ~ctions, and within budget alloeafipns. Serves as principal spokesperson for the Census Bureau by developing and maintaining good public relations with the news media, community leaders, and local government officials in order to acquaint the punic with the census and to promote community cooperation. Assistant Manager for Field Operations (Supervised by the Office Manager) Manages and monitors all field data collection operations. Responsible for ~he activities of the entire field workforce and several office workers during all field operations. Responsible for the completion of fieId work in a timely and co~t efficient
rn~t.l~ ere .

1-1

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Assistant Manager for Administration (Supervised by the Office Manager) Manages the office administrative operations such as payroll, personnel, supply requisitioning, and other administrative activities of the office, includes the entire field work:force. Provides administrative management reports and uses program a~omplishraents to prepare and review financial reports, Assistant Manager for Recruiting (Supervised by r&e Office Mm:mger) Oversees the recruitment, te~.ing and sete,ting of applieant~ to fill Local Census Office posifior~. Monitors the Applicant File. Serves as the main ~ntact with all recruiting sources and works with the partnership ~eciali~ to ir~ur~ an adequate pool of applicators is obtakne& Administrative Assistant (Supervised by the Office Manager) Provides administrative and secretarial assistance to the Office Manager and clerical and secretarial support for the office management staff. Receives and scr~m.s telephone and personal ca!lore. Controls visitor and temporary ID badges. Prepares ~me sheets for mixed-tour, leave earning Lo¢.al Census Office ~. Automation Technician (Supetwised by ~he Office Marager)

Performs troubleshooting duties by identifying problems with hardware or sofv, vare, resolves the prob[em~ or if necessary, communicates the problems to an off ~ite center for resolution. MoNtors schedules for automat~ activities a¢~ording to workflow and operational priorities.
Field Operations Supervisor (Supervised by the Assistant Manager for Field Operations) Coordinates, supervises and over~ee~ the operations performed by the field employees as crew leaders and enumerators. Completes the appointment process for crew leader and enurnemtors (as needed). Reviews and certifies daily payroll forms for crew leaders, and as necessary enumerators. Field Operations Supervisor (ACE) (Supervised by the AssiStant Manager for Field Operations) Appoints, trains axed supervises crew leaders (]CM)and as necessary, enumerators (ICM) engaged in the Integrated Coverage Measurement (IEM) or quality control operations. Coordinates and oversees the ICM or quality control operations performed by th, crew leaders (ICM)and enumerators (ICM). Reviews and eertifie~ daily payroll forms f~r crew leader~ (ICM'), and if necessary enumerators (ICM').

Case(9/99) D-501 1:01-cv-00495-EGB
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Document 280-2 Filed 03/23/2007 Page JT¢~ Organ~Z~ion and Staff 'n the Local Cen.~us Of8 of 40

¯

Crew Leader (Supervised by the Fietd Operations Supervisor) Appoints, trains and supervises enumerators engaged in nit field operations. Coordinates and oversees the operations performed by the enumerators. Regularly meets with enumerators to distribute assignments and monitor work in progress, Reviews and certifies daily payroll forms for enumerators.

¯

Crew Leader (ACE) (Supervised by the Field Operations Supervisor (ACE) Appoints, trains and supervises enumerators (ACE) engaged in the Integrated Coverage Measurement (ACE) or quaIity control operations. Coordinates and oversee~ the or quality control operations performed by the enumerators (ACE). Regularly meet~ with enumerators (ACE) to distribute assignments and monitor work in progress. Reviews and certifies daily pa~yroll forms for enumerators (ACE).

¯ Crew Leader Assistant (S.upervised by the Crew Leader) Assists crew leader in guiding an directing t_he work of~i'-group of enumerators engaged in field data collection. Conducts replacement training sessions for enumerators. Participates in recruitir~ and testing activities. Regularly meets with enumerators to assure assignments are completed accurately and to assign work. ¯ Crew Leader Assistart~ (A.C.E.) (Supetwised by.the Crew Leader (ACE) Assists crew leader in guiding an directing the work of a group of enumerators (ACE) engaged in quality control listings, Conducts replacement training sessions for enumerators (ACE). Participates in ACE recruiting and testing activities. Regularly meets with enumerators (ACE) to assure assignments are completed accurately and to assign work. ¯ Enumerator (Supervised by the Crew Leader) Locally hired people performing field enumeration in their neighborhood which involves verifying address.es, canvassing, listing, and interviewing. ¯ Enumerator (ACE) (Supervised by the Crew Leader (ACE) Loca!ly hired people performing field activities for the Integrated Coverage Measurement (ACE) or quality oontrol operations in their neighborhood which ir~votves verifying addresses, canvassing, Ii~ing, and interviewing.

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Census 2000 Local Census Office (LCO) Closure Dates ATLANTA
LCO Code 2911 2915 2958 292O 2922 2914 2912 2913 2919 2938 2964 2953 2952 2949 2925 2947 2954 2955 2951 2946 2933 2932 2950 2939 2942 2931 2927 2917
2929

LCO Name Birmingham Montgomery Savannah Broward Co. South Homestead Mobile Gadsden Huntsville Bradenton Lake Worth Columbus Forest Park Gainesville, GA Augusta Ft. Myers Atlanta East Duluth Macon
Newnan

State

AL AL
GA FL FL AL AL AL FL FL GA GA GA GA FL GA GA GA GA GA FL

IAIbany i Melbourne Lakeland
Decatur

FL
GA FL FL FL FL

Closure Date 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09./3012000 09/30/2000 09/30/2000 09/30/2000 09/3012000 09/3012000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000
09/30/2000 09/30/2000 09/30/2000

Pensacola San~rd Jacksonville South Gainesville, FL
Tuscaloosa

10/13/2000 10/13/2000
10/13/2000

AL
FL FL FL FL FL

294O 2941 2930 2918 2944 2945 2926 2924 2937 2923 2957 2943 2916 2959 2961
2960

Hillsborough Co Palm Harbor Clearwater Jacksonville North Delray Beach Tallahassee Tampa Ft, Pierce Ft. Lauderdale Orlando Dagona Beach Dalton Port Charlotte Opelika Bessemer Brooksville Florence

FL
FL FL

FL
FL FL GA FL AL AL FL AL

10/13/2000 10/13/2000 10/13/2000 10/13/2000 10/13/2000 10/13/2000 10/13/2000 10/13/2000 10/13/2000 10/13/2000 10/13/2000 10/13/2000 10tl 3/2000 10/13/2000 10/1312OOO 10/13/2000 10!13/2000

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2962 2963 2928 2934 2948 2936 2935 2921 2965

Marietta Broward County North Athens Hialeah Miami East Atlanta West Ocala Miami South Miami-Dade NE Waycross Number of LCOs Closing Number of LCOs Closing Number of LCOs Closing Number of LCOs Closing Total

FL FL FL
GA

10/13/2000 10/13/2000 10/13/2000 10/31/2000 10/31/2000 10/3112000 10/31/2000 10/31/2000 10/31/2000 10/31/2000 5 20 23

7
55

55 11 44

55

52O 109 629 629

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Census 2000 Local Census Office (LCO) Closure Dates
BOSTON
LCO Code LCO Name 2137 BUFFALO 2146 Watertown 2142 Niagara Falls Kingston 2140 2121 Yarmouth Caguas 2157 2156 Ponce Mayaguez 2155 2154 Aguadilla 2153 Arecibo IBayamon 2152 2151 iGuaynabo 2158 Carolina 2150 San Juan Noah 2125 Beverly 2126 Pittsfield 2130 Worcester 2127 Randolph 2128 Springfield 2133 Conco~ 2134 Dover 2116 Stamford 2136 Amherst 2131 Bangor 2132 Portland 2139 Glens Falls 2115 Norwich 2114 New Haven 2143 Rochester 2144 SYRACUSE 2145 Utica 2113 Hartford 2147 Providence 2148 Warwick 2149 Burlington 2124 New Bedford 2123 Cambridge 2122 Lowell 2117 Waterbury 2119 Boston South 2118 Boston 2112 New Britain 2135 ALBANY 2138 Elmira 2159 Bridgepo~ State NY Closure Dat~ 08/31/2000 08/31/2000 08/31/2000 08/31/2000 08/31/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/1512000 09/15/2000 09/1512000 09/15/2000 09/15/2000 09/3012000 09/30/2000 09130/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 0913012000 09/30/2000 09/30/2000 09130/2000 09/30/2000 09/30/2000 09/30/2000 0913012000 09/30/2000 09130/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09130/2000

NY
NY NY MA PR PR PR PR PR PR PR PR PR MA MA MA NH NH CT NY ME "ME NY CT

CT
N¥ NY NY CT RI RI MA

MA
MA CT MA

MA
CT NY NY CT

Case 1:01-cv-00495-EGB
2160 2161 2162 Chelsea Natick Middletown Number of LCOs Closing Number of LCOs Closing Number of LCOs Closing Total 48 1 47

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09/30/2000 09/30/2000 09/30/2000 5 9 34 48

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Census 2000 Local Census Office (LCO) Closure Dates CHARLOTTE
LCO Code 2811 2865 2835 2815 2816 2854 2853 2848 2845 2821 2847 2844 2843 2862 2827 2864 2829 2842 2855 2852
2850

LCO Name Corbin Fredericksburg Cha~anooga Lexington,,,, Louisville Virginia Beach Roanoke Fairfax Ashland G~ensboro Chesapeake, Alexandria Tullahoma Greenville Wilmingt ,on Crossville Anderson Nashville Ashland Richmond Newport News,, Winston-Salem Greenville West Beaufort Charleston Hickory Memphis Murfreesboro Raleigh
Monroe

State KY

VA
TN KY KY

VA
VA VA VA

NC
VA VA TN SC

NC
TN SC TN KY VA VA NC NC SC

2828 2825 2830 2831 2820 2840 2841 2824 2823 2822 2832 2846 2819 2833 2849 2814

sc
NC TN TN NC

2851
2818 2817 2836 2837 2856 2858 2859

Greenville Columbia !Charlottesville Durham [Rock Hill ;Manassas Hopkinsville Radford Charlotte ,Asheville Clarksville Jackson Bowling Gree~] Gastonia Salisbury ,

NC NC sc
VA

NC
SC VA

KY
VA NC NC TN TN KY NC NC

Closure Date 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/1512000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/! 5/2000 09/15/2000 09/15/2000 09/15!2000 09/15/2000 0~15~000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/30/2000 09i30/2000 09/30/2000 09/3012000 09130/2000 0913012000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/3012000 09/3012000 09/30/2000 09/30/2000 09/3012000 09/30/2000 09/3012000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09130/2000 09/30/2000 09/30/2000

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Census 2000

Local Census Office (LCO)
Closure Dates
CHICAGO
LCO Code 2511 2533 2544 2554 2553 2529 2552 2548 2531 2551 2521 2522 2523 2535 2550 2543 2526 2513 2527 2518 2519 2532 2525 2524 2516 2536 2537 2538 2539 254O 2541 2542 2512 2528 2545 2546 2547 2530 2549 2534 2555 252O 2515 2514 2517 LCO Name Belleville Evansville Fond Du Lac Stevens Point Palatine Peoria Bloomington Madison Springfield Muskego Des Plaines Hazel Crest Glen Ellyn Gary Superior Germantown Vernon Hills Chicago Far South Marion Chicago Near Southwest Chicago Northwest Champaign Tinley Park Elgin !Lemont Indianapolis Kokomo Marion Co. Muncie Clarksville South Bend Terre Haute Chicago Far North Quincy Green Bay Racine LaCrosse Rockford Milwaukee Fort Wayne Chicago Central IChicago West Chicago Near North Chicago Far Southwest Chicago Near South
State

IL

IN Wl wI IL IL
IL WI

IL
WI IL

IL
IL IN WI WI IL IL IL IL IL IL IL IL IL IN IN IN IN IN IN IN IL IL

wI
WI WI IL WI IN IL

IL
IL IL IL

Closure Date 09/1512000 09/15/2000 09/15/2000 09115/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/30/2000 09130/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 0913012000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 10/13/2000 10/13/2000 10/13/2000 10/13/2000

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Number of LCOs Closing Number of LCOs Closing Number of LCOs Closing Total

16 25 4 45

45 10 45

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Census 2000 Local Census Office (LCO) Closure Dates DALLAS
LCO Code 3033 3034 3O32 3051 3O5O 3016 3O53 3O37 3019 3028 3036 3035 3O55 3049 3046 3031 3O43 3029 3O 18 3026 3025 3024 3023 3022 3021 3O20 3O27 3038 3O39 304O 3041 3O42 3030 3044 3045 3015 3O47 3048 3017 3014 3013 3052 3011 3O54 3012 LCO Name Dallas County NE Dallas Co. NW DALLAS San Antonio North San Antonio East iMonroe iTexas City FORT WORTH Shreveport Beaumont El Paso Dallas Co. South Victoria SAN ANTONIO McAIlen CORPUS CHRISTI Laredo Bedford Orleans Parish Amarillo Abilene Tupelo Meridian JACKSON Greenville Gulfport Austin HARRIS COUNTY Harris Co. NW Harris Co South HOUSTON Huntsville College Station Longview LUBBOCK Harahan Stafford PLANO NEVV ORLEANS OPELOUSAS Houma Sherman Baton Rouge [Tyler Hammond State Closure Date 09/15/2000 09/15/2000 09/1512000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/1512000 09/1512000 09/15/2000 09/15/2000 09/15/2000 09!15/2000 09/15/2000 09/15/2000 09/15/2000 09115/2000 09/30/2000 09/30/2000 0913012000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/3012000 09/30/2000 09/30/2000 09/30!2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 0913012000 09/30/2000 09/30/2000 09/30/2000 0913012000 0913012000

TX TX TX TX TX

TX TX MS MS MS MS MS TX TX

TX
TX

TX
TX TX

TX TX

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WACO Number of LCOs Closing Number of LCOs Closing Total

TX

09/30/2000 18 28 46

46 10 36

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Census 2000 Local Census Office (LCO) Closure Dates
DENVER
LCO Code 3114 3111 3112 3113 3115 3116 3117 3118 3119 3120 3121 3122 3123 3124 3125 3126 3127 3128 3129 3130 3131 3132 3133 3134 3135 3136 3137 3138 3139 3140 3141 3142 3143 3144 3145 3146 3147 3148 LCO Name Phoenix South !Oldt 1/ Flagstaff Phoenix North Mesa Scottsdale Tucson (rural) Tucson (urban) Window Rock Aurora Colorado Springs Denver Grand Junction GreeleyPueblo Westminster Billings.. ~. Missoula Lincoln North Platte Omaha Henderson Las Vegas
Reno

State AZ

AZ

co co
CO Co

Albuquerque Las Cruces Santa Fe Bismarck Fargo Rapid City Sioux Falls Ogden
Provo

~,:, MT '~MT NE NE NE NV NV NV NM NM NM ND ND SD SD UT UT

Salt Lake City ICheyenne Yuma Great Falls North Las Vegas

UT
WY MT NV

Icasper
211 N. 1st Avenue phoenix, AZ 11505 N. Central Avenue Phoeniz, AZ Number of LCOs Closing Total

wY

Closure Date 08/31/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09130/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 ¯ 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30i2000 09/30t2000 09/30/2000 09/30/2000 09/30/2000 09130/2000 09/3012000 09/30/2000 09130/2000 09/30/2000 09130/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000

1/
2/

~38 38

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Census 2000 Local Census Office (LCO) Closure Dates DETROIT
LCO Code 2411 2412 2413 2414 2415 2416 2417 2418 2419 2420 2421 2422 2423 2424 2425 2426 2427 2428 2429 2430 2431 2432 2433 2434 2435 2436 2437 2438 2439 2440 2441 2442 2443 2444 2445 2446 2447 2448 2449 2450 2451 2452 LCO Name Ann Arbor Battle Creek Dearborn Detroit East Detroit West Flint Grand Rapids
Kalamazoo

State MI MI MI

MI MI MI MI
MI MI MI

Lansing Livonia Macomb Co. Marquette Midland Muskegon Saginaw Troy Akron Bowling Green Canton Chillicothe Cincinnati Blue Ash Cleveland Cleveland East Cleveland Southeast Columbus East Coldmbus West
Dayton

MI
MI MI MI MI MI OH OH OH OH OH OH OH OH OH OH OH

OH
OH OH OH

Hamilton Lorain Mansfield Newark Springfield Toledo Youngstown Beaver Charleston Westover I Detroit North Traverse City Steubenvilte Parkersbur~ Number of LCOs Closing Total

OH OH OH
OH

MI M! OH

Closure Date 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09130/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/3012000 09/30/2000 09/30/2000 0913012000 0913012000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09130/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 0913012000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 42 42

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Census 2000 Local Census Office (LCO) Closure Dates KANSAS CITY
LCO Code 2642 2629 2645 2643 2615 2616 2630 2618 2619 2635 2641 2633 2625 2617 2624 2614 2613 2612 2620 2621 2631 2632 2622 2634 2623 2636 2637 2638 2639 264O 2611 2626 2627 2644 2628 2646 LCO Name Enid Rochester Shawnee Tahlequah Ames Cedar Rapids Shakopee State OK MN OK Closure Date 09/15/2000 09/15/2000 09/1512000 09/15/2000 09/15/2000 09115/2000 09/! 5/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 13 23 36

OK
IA

IA
MN IA IA

Sioux City
Waterloo KANSAS CITY, MO Duncan Cape Girardeau Duluth DES MOINES Coon Rapids Pine Bluff LI'I-FLE ROCK Jonesboro Hays KANSAS CITY, KS ST. PAUL Blue Springs Topeka Columbia Wichita Springfield St. Joseph LOUIS St. Louis County North St. Louis County South Ft. Smith MINNEAPOLIS Minneapolis West OKLAHOMA CITY Moorhead TULSA Number of LCOs Closing Number of LCOs Clesing Total

MO
OK MO MN IA MN AR AR AR KS KS MN MO KS MO KS MO MO MO MO

MO AR MN
MN OK MN

OK

1 10 36

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Census 2000 Local Census Office (LCO) Closure Dates LOS ANGELES
LCO Code 3211 3212 32!3 3214 3215 3216 3217 3218 3219 3220 3221 3222 3223 3224 3225 3226 3227 3228 3229 3230 3231 3232 3233 3234 3235 3236 3237 3238 3239 3240 3241 3242 3243 3244 3245 3246 3248 3249 3250 3251 3247 LCO Name Fullerton Bakersfield Commerce Glendale Compton West Covina East LAJMonterey Park Spring Valley Escondido Fresno Hollywood/Mid-Wilsh ire Garden Grove Inglewood Irvine Long Beach Los Angeles Downtown Culver City (East) Salinas Vista Chino Palm Springs Victorville Riverside San Bernardino San Diego Downtown Chula Vista Santa Ana Santa Clarita Santa Maria Santa Monica Torrance ivan Nuys Ventura Hanford Woodland Hills Norwalk Kailua CulverCity Merced Monrovia Honolulu Number of LCOs Closing Number of LCOs Closing Total State Closure Date 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/1512000 0911512000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/30/2000 4O 1 41

CA
CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA

CA
CA CA CA CA CA HI CA

CA
CA HI

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Census 2000 Local Census Office (LCO) Closure Dates NEW YORK
LCO Code 2214 2222 2236 2231 2218 2211 2212 2216 2230 2215 2234 2245 2228 2249 2225 2226 2227 224O 2247 2238 2242 2244 2224 2223 2229 2213 2237 2219 2239 2217 2241 2232 2243 2220 2233 2246 2221 2248 2235 LCO Name Essex Co. West Bronx Northwest New York Northwest Nassau Co. Northeast Sussex Co./Warren Co. Bergen Co. North Bergen Co. South Hudson Co. South Brooklyn Southwest Hudson Co. North New York North Rockland Co./Westchester Co. N Brooklyn Northwest Morris County Brooklyn Central Brooklyn East Brooklyn Northeast Queens Northeast Suffolk Co. West New York West Queens Southeast Jamaica Richmond Co. Bronx Southwest Bronx Southeast Brooklyn South Essex Co. East New York South Passaic Co. Queens Central Middlesex Co. Queens Northwest Nassau Co. Southwest Queens Southwest Somerset Co./Union Co. New York East Suffolk Co. East Bronx Northeast Westchester Co. South New York Northeast Number of LCOs Closing Number of LCOs Closing Number of LCOs Closing Total State NJ NY NY NY NJ NJ NJ NJ NY NJ Closure Date 08/31/2000 08/31/2000 08/31/2000 08/31/2000 08/31/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15!2000 09115/2000 09/15/2000 09115/2000 09115/2000 09/15/2000 09/1512000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 0913012000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 5 17 17 39

NY
NY NY NJ NY

NY
NY NY NY NY NY NY NY NY NY NJ NY NJ NY NJ NY

NY
NY NJ

NY NY
NY

NY
NY

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Census 2000 Local Census Office (LCO) Closure Dates PHILADELPHIA
LCO Code 2311 2312 2321 2320 2315 2341 2338 2336 2319 2344 2351 2318 2317 2316 2314 2327 2313 2329 2330 2331 2322 2333 2334 2335 2324 2337 2325 2339 2340 2326 2342 2343 2328 2346 2347 2348 2349 2350 2332 2352 2353 2354 LCO Name DC East DC West Towson Waldorf Baltimore East Pittsburgh Philadelphia South Concordville Forestville State College Lakehurst Rockville Hagerstown Baltimore West Annapolis Allentown Newcastle Rochester Coatesville Erie Camden Johnstown Langhorne McKeespo~ Freehold Norristown Trenton Philadelphia Frankford Philadelphia West Vineland Reading Scranton Altoona Wilkes-Barre York Riverdale Woodlawn Cherry Hill Harrisburg Greensburg Philadelphia North Washington. State DC Closure Date 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15~000 09/15/2000 09/1512000 09/15/2000 09/15/2000 0913012000 09/3012000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 0913012000 09130!2000 09/30/2000 09130/2000 09/30/2000 09/30/2000 09/30/2000 09!30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 11 31

DC
MD

MD
MD PA PA PA MD

PA
NJ MD MD MD MD PA DE PA PA PA NJ PA PA PA NJ PA NJ PA PA NJ

PA
PA PA PA PA MD MD

NJ PA
PA

PA
PA

09/15/2000 0:00 Number of LCOs Closing 09/30/2000 0:00 dumber of LCOs Closing

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Census 2000 Local Census Office (LCO) Closure Dates SEATTLE
LCO Code 2729 2738 Sunnyvale Everett Richland Davis Eureka
Beave~on

LCO Name

State

CA WA
WA

2741
2714 2715 2732 2736 2725 2713 2719 2717 2722 2723 2712 272O 2726 2727 2728 273O 2739 2731 274O 2733 2743 2735 275O 2737 2742 2749 2721 2734 2711 2718 2744 2745 2746 2724 2716

CA
CA OR OR CA CA CA CA CA CA

salem San Francisco West Concord Placerville Modesto Sacramento South San Bruno Castro Valley Redding
San Jose

CA
CA CA CA CA ID WA ID WA OR WA OR WA WA WA ID CA OR AK CA

San Leandro Santa Rosa Lewiston Tukwila Boise Olympia Bend Silverdale Portland Mount Vernon Bellevue Seattle Idaho Falls Sacramento North Eugene Anchorage Oakland Spokane Tacoma San Francisco Northeast San Francisco Southeast Los Gatos Number of LCOs Closing Number of LCOs Closing Number of LCOs Closing Total

WA
CA CA CA

Closure Date 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09~0/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 09/30/2000 0913012000 09/30/2000 09/30/2000 09/30/2000 10/13/2000 10/13/2000 10/13/2000 10/13/2000 10/13/2000 10/13/2000 10/13/2000 10/13/2000 10/13/2000 8 21 9 38

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MR. GILLINGHA.M: Mark Holdrege, Your Honor, 4 H-O-L-D-R-E-G-E. THE COURT: If you would raise your right 6 hand. 7 Whereupon, 8 MARK HOLDREGE 9 having been duly sworn, was called as a 10 witness and was examined and testified as follows: DIRECT EXAMINATION 11 12 BY MR. GILLINGHAM: 13 Q State your name. Please state your name. 14 A Mark A. Holdrege. 15 Q And your current position? 16 A I'm the chief of the decennial and field 17 staff in human resources division. 18 Q And what is the mission of that division. 19 Q Primarily we have two missions. One is to 20 support the field organization, both the current 21 survey side as well as the decennial side for 22 censuses. We look at regulations. We look at how we 23 can remove barriers to employment with other agencies. 24 We do a variety of planning operations. We 25 participate in the design of the Automated Personnel 412 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Payroll System. A spectrum of things decennial side. We classify the positions, determine exemption relevant to this case. On the other portion of my job, I work on strategic planning for human capital for the Census Bureau. ! lead our Human Capital Management Council that represents each of the major program areas in the Census, including economic censuses, economic surveys, statistical research, and field organizations. Q What do you mean by human capital? A Human capital, we look at -- under the president's management agenda, human capital management was identified as one of the six key components of improving management in the government. Also, it's an issue that the General

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Accounting Office has been looking closely at for a number of years, and this is an effort that I lead. THE COURT: You're, I assume, in Washington? THE WITNESS: Yes, that's right. THE COURT: And tell me your title again. THE WITNESS: Chief of the decennial and field staff in human resources. THE COURT: Roughly how many people are permanent employees oftheU.S. Census?

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413 THE WITNESS: Probably about 5,000 in our headquarters operation. We have a large processing facility in Indiana, and then we have 12 regional offices with a fairly small staff in the office, and then another large field staff. Currently we have about 6,000 field representatives who are working in a mixture of temporary and permanent appointments in support of our various survey operations. THE COURT: So give me a total permanent. THE WITNESS: Seven thousand. THE COURT: Between Washington and all the field offices? THE WITNESS: Right. THE COURT: All right. So I gather that every 10 years, approximately, the numbers ramp up dramatically with a lot of temporary hires? THE WITNESS: Yes. We use temporary hires and we also use term-appointing authorities, and we use a separate class of appointment that I was instrument in getting for our field temporary positions, temporary positions but they are timelimited appointments. THE COURT: What is the difference? THE WITNESS: The difference in -- I'll 414 start with the time-limited appointment that was a novel creation for us. It is an appointment than lasts longer than one year, because a temporary appointment by

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definition is not to exceed one year. Its duration can be anywhere from one year and a day up through the duration of census activities. We use -- actually, in the positions described in the local census office, the five -- the four managers and the administrative assistant in the local census office would have been appointed under this time-limited appointment authority, and that does convey eligibility for health benefits, leave, those sorts of things. THE COURT: All right. And all the other positions that I've heard about, FOS, FOS assistants, crew leader, crew leader assistants, enumerators, SPOS, they are all under the temporary appointments? THE WITNESS: That's right. THE COURT: All right. Does that designation in and of itself tell me anything about a person's eligibility for FLSA overtime? THE WITNESS: No. THE COURT: Okay. Go ahead. BY MR. GILLINGHAM: 415 Q To break that down further, within the temporary appointments which you explained were one year or less, do I have that right? A That's correct. Q What were the term appointments or tl~e notto-exceed appointments? A Okay, let me distinguish between term appointments and those temporary appointments. A term appointment by definition is an appointment longer than one year but not to exceed four years. We use term appointments in both headquarters as we ramp up for the decennial census, and for other operations that may be of short duration in some areas of the Census Bureau, and we use them in the regional census centers as we ramp up for the decennial. So those would be appointments up to four years. For the temporary appointments, they range

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anywhere from let's say 180 days would be a normal period for an appointment, up through -- it could be renewed" to the point of a year, and conditions of a temporary appointing authority that we use for excepted service, that .could be renewed for up to one year in whatever intervals were determined appropriate. 416 THE COURT: So the difference between time limit appointment and term appointment is that one is out in the field and one is at headquarters? THE WITNESS: It's that and it's the fact that the ones out in the field are excepted service. THE COURT: Meaning? THE WITNESS: That they are not covered by some elements of-- well, they are not covered by the competitive service positions. There are three classes of excepted service. There is the competitive service, there is the senior executive service, and then there are three categories of excepted service. These positions fall under the Schedule A excepted service, and those are positions where it's not practicable to examine. THE COURT: And how about the term appointments? appc)iintments are ~nade THE.WITNESSthe competitive service. Tlel~y can~ oe converteo in without further competition to a permanent appointment, so they have an expiration. THE COURT: They are not Schedule A? THE WITNESS: No, they are not Schedule A. THE COURT: Go ahead. BY MR. GILLINGHAM~,1_ 7 Q So the positions we have been talking, FOSes, crew leaders, enumerators, FOS assistants, in the decennial 2000 were they all temporary appointments? A Yes.

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6 Q And temporary, you said, goes up to one year 7 but could be for a period of even less than one year? 8 A Yes, there is no minimum length to a 9 temporary appointment. 10 Q And the bureau's practice with regard to 11 determining the length of an individual temporary 12 appointment was what? How was it decided how long a 13 particular person's appointment would run? 14 A Generally the determination would be made by 15 our field organization. During the census and 16 actually for our current program supervisors, the 17 regional director has delegated authority equivalent 18 to our personnel officer in a sense, and that 19 authority is used in setting the length of 20 appointments based on operations. 21 My understanding is that the headquarters 22 activities would define census operations and the 23 field organization would establish not-to-exceed dates 24 that would be required to meet the needs of that 25 operation. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 418 Q Not-to-exceed, in other words, identifies the date upon which an appointment will expire? A That's right, absent any action to extend it. Q All right. We were talking about you, though, rather than the Census, and so let me go back to that. What position, or why don't you take me through a brief sketch of your Census Bureau employment background? A I began work at the Census Bureau out of college. I've been with the Census 26 years, all of which has been in our personnel, human resources organization. My first assignments were as a position classifier where I was responsible for classifying in the general schedule positions as to grade, title,

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series and so forth. I also for the duration of my Census experience have worked with the field organization. So my initial assignment when I came to the Census Bureau was to serve as a classification specialist with the field organization. I moved from that to being a first-level supervisor, again in classification, and I was again advanced to a branch chief position over half of the 419 classification for the entire Census Bureau, together with activities relating to the support of the field organization. For a period of a year, I acted as the chief of classification for all positions at the Census Bureau in the absence of that individual. The position I now hold grew out of the responsibilities that I had with respect to the decennial census, and in 1998, I came to hold my current position. Q Just so we are clear on the use of the word "classification", describe the classification process you have just been referring to. A The classification process under the general schedule is identified by the Office of Personnel Management. In Title 5, there are definitions given for 15 different grade levels, and the classification responsibility is to adhere to the guidance provided by law as interpreted by the Office of Personnel Management. They issue guidelines. They issue standards that we're to use in classifying particular occupations. For example, a statistician would have a set of criteria used for assessing whether or not its a statistician, what grade level it should be assuming 42O that it meets it, and what title it should hold. We also have general guilds that cover the cross-occupations. You would have one for supervisory positions, for example. So we handle classification for that.

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For our operations in the field, we're specifically exempted under Title 13 from having to use the general schedule, so there we have more discretion in terms of setting pay. We set it based on studies and analyses that we do rather than corresponding to the general schedule. Q And so you're classifying as to job series; for example, accounting versus law versus medicine versus welding? A Right. Q And you're classifying by grade, GS-1 and on up, for example? And you're classifying supervisory/non-supervisory? A Yes. Q And you're for FLSA purposes? A Yes, making determination as to whether or not the exemption criteria are met for the positions. Q And your understanding of-- I'm sorry. THE COURT: IfI could go back for just a second. The 7,000 permanent that you were talking 421 about, they were general schedule, most of them? THE WITNESS: Yes, all except a few who are covered under the blue-collar standards. THE COURT: Okay. THE WITNESS: But almost all of them are general schedule. Let me correct that slightly. We also use companion to the general schedule for some of our positions that are funded under the decennial census. They, and rather than a GS, they are GG, but we administer those two systems as functionally identical. THE COURT: Now, in these categories you gave me earlier, which is time-limited, temporary, or term, where do the GGs fit in? THE WITNESS: They can be -- we don't use the time-limited for them, but they could be either term or permanent.

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THE COURT: And are any of the positions we have talked about, FOS, FOSA, et cetera, et cetera, are they the parallel GG system? THE WITNESS: No, they are not. They are all under administratively-determined pay rates. THE COURT: In other words, that's where your agency takes the initiative in classifying them? THE WITNESS: Right, in terms of setting pay 422 1 and establishing the positions. THE COURT: Now is that process audited 2 3 automatically by OPM? THE WITNESS: OPM has general oversight 4 responsibility, but it's not audited by them. I'll 5 6 say that during the decennial census we had a 7 partnership with the Office of Personnel Management 8 where every month I met with generally the associate 9 directors for most of the major components at OPM to 10 discuss issues, challenges that we were facing for the 11 decennial census. 12 We had the OPM directors' special assistant 13 assigned as our lead contact, and we arranged these 14 meetings. We follow up throughout the month with 15 various staff people. . .. One of the outcomes 1176estamlshment ot a new set of of that r~rocesswas the . regtila~lons tlaat we hacl 18 initiated. We had analyzed the regulations relating 19 to dual federal employment, and we created a clear 20 line of separation between someone let's say who 21 worked at Defense Department, who wanted to take a 22 second job with us, so that they could take a second 23 job with us without conveying the benefits, the leave 24 earning, thrift-savings eligibility, any of those 25 things, and that was relevant for our hiring of our 1 2 3 4 5 423 field staff, because some of them would have had second jobs with federal agencies. THE COURT: So what grading system, for lack of a better word, or pay scale system which you have used for these temporary appointments?

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6 THE WITNESS: What we did for those, such as 7 the FOS and the enumerator, is we let a contract with 8 Westat, which is a private consulting statistical and 9 economic firm, to have labor economists model the 10 salary structures throughout the country, and 11 developed a set of algorithms to peg what a 12 competitive level would be within each locality. 13 In the case of the census positions, it was 14 between 75 percent and 80 percent of the average was 15 within a locality that we would peg the enumerator 16 rate to, and that was for all offices. 17 THE COURT: So an enumerator in Concord 18 might have been paid differently than an enumerator in 19 Charleston, West Virginia? 20 THE WITNESS: Yes. 21 THE COURT: Okay. Let's see, I wanted to 22 ask you something else and I forgot. Go ahead. 23 BY MR. GILLINGHAM: 24 Q Are there other personnel activities you've 25 been involved with professionally? 424 1 A Yes, I am a member of the Washington 2 Personnel Testing Council that looks at issues on 3 testing selection, mostly from an occupational 4 industry psychology perspective. And I'm a member of 5 the Society for Human Resource Management. I hold a 6 professional certification as a senior professional in 7 human resource management from that organization. And 8 I currently work in helping to develop test items for 9 that certification exam. 10 THE COURT: This contract you let with West 11 or whatever? 12 THE WITNESS: Westat. THE COURT: .Westat, was that unique to the 13 14 2000 census or had they done this earlier? 15 THE WITNESS: It was the first time that we 16 had used an outside contractor to help us establish 17 rates. We have used administratively-determined rates

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previously. THE COURT: And the classification as exempt or nonexempt, was that part of the Westat process? THE WITNESS: No, that was our determination. THE COURT: And did you borrow from earlier censi to do that? THE WITNESS: No. 425 THE COURT: First of all, were you involved in that process? THE WITNESS: Yes, I was. THE COURT: Okay. So did you undertake that from scratch for the 2000 census or was there a presumption, the positions were the same? THE WITNESS: We looked at the positions independently in the sense -- one of the changes for this census is that previously we have used piece rates or a derivation of piece rates for supplementing the pay of enumerators and crew leaders and other positions. THE COURT: Supplementing it in what way? You mean they get a base and they get something on top of that? THE WITNESS: They receive the minimum wage. They are guaranteed the minimum wage, although in 1980, we had statutory exceptions so that we weren't covered by minimum wage for enumerator. But for these positions, they would receive, depending on.the completion of a set of assignments, let's say they completed 10 assignments based on the work measurement studies that were done, we would assign a value to that, so they would receive minimum wage plus the value for that set of cases. 426 THE COURT: So two different enumerators might get paid different for the same time spent? THE WITNESS: Yes. In 1980 or 1990, not in 2000.