----- Original Message -----

From: Bower, Jennifer Ann
Date: Tuesday, October 25, 2005 9:46 AM
To: Yaya Fanusie ; Larson, Stephen; Fanusie, Yaya
Cc: Peevey, Michael R.; Clark, Richard W. ; DeGroot, Robert; Wuerstle, Paul ; Lewis, Wilson ; Irving, Anthony L. ; Fanusie, Yaya ; futatoro@gmail.com ; Kostas Dimoyannis ; McDermott, Patrick ; Clanon, Paul ; Wilson, Lionel B.

Subject: Whistleblowing Act Information.My Final Response-Yaya Fanusie
Ms. Bower, Interim Human Resources Manager:
Here is a brief Lecture on how to respond with logic and clarity. You claimed that I alleged you are not following " correct procedures". I made no such assertion. Try your best to focus on the issue: Read my email to Steve Larson. I made no allegation nor did I complain. You read the email message but you did not understand the message.

You said " We will not do the research for you". The reason I am not in a managerial position at the CPUC is that I am not stupid and incompetent. Why would I want to do research on something I already have. You are the one who did not know and it appears your Henchman Patrick McDermott did not know either. Some were upset that Larson stayed out of this but I felt he did the appropriate thing to delegate the task to you. And of course we used it to show Larson and Peevey that you are not ripe for the position you are in; this may surprised Larson but Peevey knows that the Benchmark Condition of some in CPUC MANAGEMENT IS INCOMPETENCE. Nothing new here.

And you made this silly assumption: that I would have used inter-office mail to provide Larson with a copy of Wes Memo. No Jennifer! I would not have done that I would have walked over to his office and drop a copy. Hey, I need the exercise. Now it appears that you forgot that this was a What Now?! and Concerned Staff Committee transaction. right?

Concerning Waste: Getting you fellows to find out about something you should have known you see as waste? And your biggest blunder: I am sure my supervisor Bob DeGroot would have been happy to give me permission to accept letter from staff member on a Sunday at the Mambo Kabob House Restaurant on 1101 San Pablo Avenue, Albany, CA. Now you see how foolish your assertion is? Do you think that this shows that you should be Interim Human Resources Manager at the CPUC?
You also made a baseless declaration: " this is an employee or union issue" . why is it a union issue? Are you a Union Steward? Where is a violation of the Contract?

I really do not think you have any relevant professional background in State Govt Structure and procedure otherwise you would not say it is a Union Issue.
Let me tell you why the employee insisted Larson be informed to do the required notification: She claims that she is aware of some wrong doing and that notification to staff would mean others would report what she knows and therefore the State Auditor would realize that there is some thing to probe.

Now let me tell you this again:

The Concerned Staff Committee and What Now?! see it as a Public Interest Issue. By the way, I do not have to be polite when I am being charged with not knowing what I am talking about. So I will use blunt language. If you are uncomfortable with it I dare you folks to abuse your authority and come after me because I insist that the tool I used is What Now?!
You and not even the Governor can do anything about What Now?! so please find some other lame refrain instead of this is an employee or union issue.
This matter is now close and the next time you read it will be on our Website: www.americawhatnow.com

Sincerely,

Yaya Fanusie, Ph.D
What Now?!
PS: I worked for a while with the Dept Of Finance as a Staff Services Management Auditor.


---- Original Message -----
From: Bower, Jennifer Ann
To: Yaya Fanusie ; Larson, Stephen ; Fanusie, Yaya
Cc: Peevey, Michael R. ; Clark, Richard W. ; DeGroot, Robert ; Wuerstle, Paul ; Lewis, Wilson ; Irving, Anthony L. ; Fanusie, Yaya ; futatoro@gmail.com ; Kostas Dimoyannis ; McDermott, Patrick ; Clanon, Paul ; Wilson, Lionel B.
Sent: Tuesday, October 25, 2005 9:46 AM
Subject: RE: Whistleblowing Act Information.


Mr. Fanusie, not only have I checked with legal counsel, I am following correct procedures. I will always ask you to provide documentation of any item so that it can be followed up on. If you make a complaint or allegation you need to provide enough information for Commission staff to review and determine what the appropriate course of action is. Just making a statement and expecting that the Commission will do something will not happen: we will not do the research for you. If you have the information, it is incumbent upon you to forward it to us so that we may ascertain what is appropriate to be done.

If you had a letter from Wes Franklin providing that information, why would you not have forwarded it via inter-office mail for review? You seemed to be concerned about waste, yet you want Commission staff to waste time looking for something that may or may not exist. Had you forwarded that letter, it would have allowed us to assess what you said and take the appropriate action. Instead, you waste valuable staff time responding to complaints in which it takes you 9 working days to provide the information. If you make a complaint, provide the background and we will gladly follow up on it.

Furthermore, you said that a CPUC employee directed you to send the initial e-mail. What employee has the authority to direct you other than your supervisor? That letter from Wes Franklin would be available to an employee and not any other person. So, again, I reiterate, this is an employee issue or union issue and you must follow the correct communication channels.

It appears that you are using the guise of What Now!? to address what would normally be standard union or employee business.

Finally, while I appreciate that you may have opinions about various staff in the Commission, respectful communication is still a standard expectation.

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From: Yaya Fanusie [mailto:saigobe@lanset.com]
Sent: Tuesday, October 25, 2005 1:32 AM
To: Bower, Jennifer Ann; Larson, Stephen
Cc: Peevey, Michael R.; Clark, Richard W.; DeGroot, Robert; Wuerstle, Paul; Lewis, Wilson; Irving, Anthony L.; Fanusie, Yaya; futatoro@gmail.com; Kostas Dimoyannis; McDermott, Patrick; Clanon, Paul; Yaya Fanusie
Subject: Re: Whistleblowing Act Information.

Ms.Bower:

The Concerned Staff Committee and What Now?! are not within the jurisdiction of CPUC. Therefore, we do not have to follow what you label or any other management types label as "correct communication procedures" . Now, if you continue to insist that I as agent of Concerned Staff Committee and Publisher of What Now?! follow your instruction to follow "appropriate channel", I will have to contact the Attorney General and report you and other incompetent ones in CPUC MANAGEMENT as attempting to prevent reporting of improper activities. I have told you before to contact legal division for advice.

Let me make this clear to you one last time: The Concerned Staff Committee and What Now?! are not subject to you or anyone in CPUC MANAGEMENT CONTROL OR SUPERVISION. Step aside and: Let Steve Larson or Peevey step in. Not you. Are you a tenured state employee? Or just some outside Contractor? if so do you know that The Concerned Staff Committee and What Now?! can sue you personally and also sue the State Of California? Are you a State Employee?

It is very odd that the CPUC EMPLOYEE who directed me to send the initial email to Larson concerning Notification to staff about WhistleBlowing act provided the information why it is required but you or none of you staff could come up with the relevant Government Code. When the concerned staff asked me to request Larson to notify Staff, she gave me the relevant information and gave me a copy of Wes Memo to Staff.

Look you or anyone else in CPUC MANAGEMENT ARE ADVISED NOT TO INTERFERE WITH THE CONSTITUTIONAL RIGHTS OF INDIVIDUALS. Do you understand?

Please also understand that some employees are not just employees of CPUC OR THE STATE. Some see themselves as active advocate of the Public Interest.

Jennifer, No! it is not just " an employee or union issue"; it is also a managerial incompetence issue. Failure to notify employees to report waste, inefficiencies and gross misconduct; fraud, inappropriate uses of state resources is broader than Labor-Management Relations.

Concerning your statement that I am going after McDermott and you described my emails as "reprisal". I do not agree. I think I am going to confront McDermott for "fabricating evidence against me" Framing. Because Ahern pressured Richard Clark and Patrick McDermott collaborated by fabrication of evidence.

I am going to get him fired for that no matter what the State Personnel Board decides.

Trust me.

Yaya Fanusie, Ph.D

What Now?!

----- Original Message -----

From: Bower, Jennifer Ann

To: Yaya Fanusie ; Larson, Stephen

Cc: Peevey, Michael R. ; Clark, Richard W. ; DeGroot, Robert ; Wuerstle, Paul ; Lewis, Wilson ; Irving, Anthony L. ; Fanusie, Yaya ; futatoro@gmail.com ; Kostas Dimoyannis ; McDermott, Patrick ; Clanon, Paul

Sent: Monday, October 24, 2005 9:31 AM

Subject: RE: Whistleblowing Act Information.

Mr. Fanusie, if you are making a claim that the Commission is not doing something correctly, then YOU have the accountability and responsibility to provide the codes that required such actions on the Commission’s part. The Commission will be happy to review whatever you provide and if something should be done, take the necessary action. I am presuming that since you did not provide the codes, then you do not know for sure that this is a mandated requirement.

Again I am directing you to follow the proper communication procedures. This is not a Public Interest Concern issue, rather it is an employee or a union issue. As such, there are appropriate channels to follow. Because you do not care for Mr. McDermott does not mean that you can bypass the correct communication channels. As indicated in several of your e-mails, Mr. McDermott “pissed you off” and you were presenting issues to the Commission because you were “pissed off.” This changes the nature of any of your e-mail requests/demands from one of concern to one of reprisal. Retaliation by management is never proper nor is it sanctioned or allowed. Retribution by an employee in the guise of Public Interest Concern is also not right. If you feel that you cannot talk with Mr. McDermott, then you can always contact me. Be advised, if you bring up an issue, I also expect you to provide the codes that you believe require such actions by the Commission. I will follow up on anything you request as long as the proper information is supplied so that I can review it. If after you have provided the information and you are then not happy with my actions after a reasonable period of time, you can forward your request to Paul Clanon.

I strongly encourage you to look at what you doing and make requests for information, etc. through the appropriate channels.

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From: Yaya Fanusie [mailto:saigobe@lanset.com]
Sent: Monday, October 24, 2005 12:20 AM
To: Bower, Jennifer Ann; Larson, Stephen
Cc: Peevey, Michael R.; Clark, Richard W.; DeGroot, Robert; Wuerstle, Paul; Lewis, Wilson; Irving, Anthony L.; Fanusie, Yaya; futatoro@gmail.com; Kostas Dimoyannis; McDermott, Patrick; Yaya Fanusie
Subject: Re: Whistleblowing Act Information.

Jennifer Bower, Interim Human Resources Director:

Don't tell me what I should do when you are ignorant about certain facts or you do not have an inkling why I sent the request to Steve Larson; the Executive Director of the Commission. Let me help you understand why it was sent to him and Peavey was informed. President Peevey is accountable to The Governor of California.Please read and understand PUC CODE 305. He is Peevey's Boss. Peevey and the Commissioners appointed Steve Larson to the post of Executive Director of the Commission. Steve Larson's Boss is Peevey. You are with me so far? That is simple. Now let me get complex. Do you know what is meant in Public Management/Administration by the Concept Accountability? Also, the Concept of Responsibility? Are you still with me?

How Concerns of the Concerned Staff Committee and What Now?! are channeled is not determined by what you, Larson et.al think is the 'proper Channel" to address the Our Concerns. We make that Decision. Not you! Not even the Governor! Do you understand? The Concerned Staff Committee and What Now?! are evaluating the conduct of Executive Director Steve Larson. Peevey is informed so that he is aware of our concerns so that he could direct Steve Larson and find out what Steve does about our concerns. This is Public Interest Concern; that is why the Concerned Staff Committee and What Now?! are handling it.

Jennifer, you put me in a difficult position because I know you followed the advice of your incompent Labor Relations Specialist Patrict McDermott. If he were competent he would have informed you that he could not find any state law about what I asked Larson but he would have informed your that "such and such government codes" requires "notification".

I think before you refer me to contact McDermott, ask Patrick McDermott why he suppressed evidence that showed that an employee attacked another employee. He made a report to Wes Franklin and George Carazo about the incident but omitted the evidence of Assault and Battery act. He embarrassed Wes Franklin and George Carazo during a meeting I had with George and Wes about the incident. You need Expert Advice and Patrick McDermott is ill-equipped to function adequately in that role.

I will continue to contact Steve Larson and President Peevey on concerns of the Concerned Staff Committee And What Now ?! because they are the legal and lawful and appropriate designated officials to receive such concerns. And when we are not satisfied with their response or none response; we then contact the Governor.

Can you ask some one in legal division to help Larson about my initial request? I do not think that you really understand the significant and consequences by not doing what we request.

Are you planning to apply to be a the Director of Human Resources? If you do; we know that you applied The Concerned Staff would object to your being hired as director of Human Resources Director.

Sincerely,

Yaya Fanusie, Ph.D

Publisher of What Now?!

----- Original Message -----

From: Bower, Jennifer Ann

To: Yaya Fanusie ; Larson, Stephen

Cc: Peevey, Michael R. ; Clark, Richard W. ; DeGroot, Robert ; Wuerstle, Paul ; Lewis, Wilson ; Irving, Anthony L. ; Fanusie, Yaya ; futatoro@gmail.com ; Kostas Dimoyannis ; McDermott, Patrick

Sent: Wednesday, October 19, 2005 9:21 AM

Subject: RE: Whistleblowing Act Information.

I am unaware of any state law that requires the annual noticing of employees. I am aware of a variety of requirements, this is not one of them. If you believe that there is a provision, then please provide for me the actual citation so that I can verify if it is required.

In the future, if you have any concerns about personnel practices, you are directed to give those concerns to Patrick McDermott and you may cc me. This is not a What Now! issue. You are not to send these types of correspondence to Commissioners or the Executive Director. Use the correct process first. If you don’t get resolution, then you may contact others.

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From: Yaya Fanusie [mailto:saigobe@lanset.com]
Sent: Wednesday, October 19, 2005 1:21 AM
To: Larson, Stephen
Cc: Peevey, Michael R.; Bower, Jennifer Ann; Clark, Richard W.; DeGroot, Robert; Wuerstle, Paul; Lewis, Wilson; Irving, Anthony L.; Fanusie, Yaya; futatoro@gmail.com; Kostas Dimoyannis
Subject: Whistleblowing Act Information.

Mr. Steve Larson,Executive Director-CPUC

I think you have been on the job for more than a year now.

I think a state law is in place which requires employers-state agencies and depts. inform their employees about the Whistleblowing act.

This should be done annually. Wes Franklin did it one time. If you do not have a copy of let me know I will try to locate my copy.

Remember posting it on the walls is not sufficient. You or Peevey is expected to send a signed memo to all staff about it.

Sincerely

Yaya Fanusie

What Now?!