Free Notice (Other) - District Court of Federal Claims - federal

Case 1:06-cv-00934-FMA

Document 43-10

Filed 08/20/2008

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EXHIBIT 2

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Case 1:06-cv-00934-FMA

PRINCIPAL DEPUTV

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Document 43-10

Filed 08/20/2008

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IN TI UNITED STATES COURT OF FEDERA CLAIMS

KA'WNATION,OKLAHOMA )

Case No. 06-ev-00934

v. )
Offce of

)

)
Judge Fracis M. Allegr

Plaintiff. . )

UNITED STATES OF AMERICA, )

)

DECLARTION OF

Defedat. )

) )

RICHA P. FæLITZ, JR.

)

I, Richard P. Fielitz, Jr., based on my persna knwledge an informtion provide to me
in my offcial capacity, do hereby declar and sta:
1. I am the Chief of Staf for the Offce of the Special Tnitee for American Indians

(()S1) in the Deparent of Interior. OST is the parnt organtìon for both the
Exteal Afs (OEA) and the Offce ofTnit Records (01R). I have held

tls position since October 28,2007, and I have worked at OST sine May 2004. My

duties include overseein varous OST fuctons includg litigation supprt. OST
maintaìns record related to the Kaw Nation of Oklahoma in the following locations: OST Albuqueque, New Mexco; OST (inluding OBA) and Offce of Historical
Trut Accounting in Washgton. DC; American hian Reords Repository (AI) in Leexa Kanas; Offce of Appraisa Services-Souther Plai Regions Lawton,

OK and the Pawn Agency for Burau oflndian Af in Pawne, OK.
2. I am awar tht ths CoUI issued a Doument Preseraton Order (DPO) tht reuíre

Interior to provide notice to Plaitiffs col.el before moving inacve rerds related
to the Kaw Nation of Oklahoma frm thse locations to the AI. After providing

initial notice to OST employees, whiCh includes both OEA and OTR. I and other

senior manment employee reiteate th reuiement on severa occasions that
included monthy SenOf Managers meetings. I issue quaerly reders to all OST

employees.
3. As Chief of Staf of OST, I am also familar with the prour for tranferr
rccor.trm their prset locations to the AIR. When records are to be retied to

the AI the OTR Director mus fist approve the move. OTR wilt recive a move
reuest form, a Cha of

the file folder labls in the boxes that the person is requestig to move. An OTR st membe then logs the

Cusdy form and an inventofY of

reues into an excel sprhee trkig syste checks the fonns and the invenory

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PRINCIPAL DEPUTV

Case 1:06-cv-00934-FMA

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to enur they are complete, and genemts a routne memoranwn to approve the

of tribes for which a Cour ha issued a docuent preseration or record rention order
(DPO), tlt OTR staf membe will genete a memorandum addressed to Offce of the Solicitor (the SOL memradum). The sta niember atthes an OTR routig
slip to tht memoradum and then sends all documents reved to an OTR Reords

reuest. If

the docuents liste on th inventory oftle move request relate to any

Magement Speiaist (RMS). The RMS reviews the reuest to make sur it is
complete. checks tIe in\"entoiy to ensure tht the OTR sta member prepar the proper memoradum, and reviews the inventoiy to determe whether it COnta any file labels descibing documents relating to any trbes for which cour have issue a
DPO. The speialist sues an sends the packae to Andrw Abe~ Division
Chief, Division of

suramed the package, he forw the pakage to Ethel Abeila the OTR Director.

Record, Policy. Procedurs and Tra. Once Mr. Abeyt has

1\1s. Abeita reviews the Move Request fonn the Chaín of Cuody form, the
iiivento, and the varous memoranda in order to detenine wheter she will aprove the move request. If she approves, she sign the Move Request Fonn an forw
tile fonn and supportng attluents to adlstati1/'e st for forwdig to the

offce requestng to move inactive records.
4. On or about July 28. 2008, Hugh Frazer, the Acting Diror of OEA, notified me

that he believed boxes includ in a May 8) 2008 shpment may have included
inve records related to the Kaw Naton of Oklahoma. He indicate tht th

deely concerned hi becaus ths Cour"s DPO reui Interior to provide notice to
Plaitis counel before it moved records related to the Kaw Nation of

Oklahoma from their curnt loction to the AIR. It depJy concer me, also, so I took

immedate steps to noti the approprite individuas within Interor. On Or about July 29th Mr. Fraier emled me to confin that at least One oftIe bo~es moved on
lvlay 8, 2008, contaed intive records related to the Kaw Nation of

Oklahoma.
5. In response to th May 8, 2008 inver shpment of Kaw Nation of Oklahoma
records to the AI Oil July 3 i, 2008, I emiled .'OST -ALL." an emai group which
includes ever OST employee, a COlor poster tht listed all of Kaw Nation of

Oklahoma), for Whch cours bad entered DPOs, athed as Exhbit

the trbes (including the

RFi. The ema instrcted employees to display those posters in all offce COmmon
ar. In tht email, I I.cted OST employees not to move documents relate to

tribes for which cour ha enter DPOs. On Augut 12t 2008. I reved a Joint

Stipulation regar a Doument Preservaton Order in the Seminole Nation v.
United States Cour of Feder Claims oase. Therfore, I distrbute a'new notice,
attahed as Exbit RF, updd to add Semiole Nation of

trbes, to the Record Reention Order Points of Conta for fuer distbution.

Okloma to th list of

6. OST taes seously the obligatons BId responsbilties unde the Document Pi-eservation Ord and it strves to comply with the DPO. In respons to the most
r:cent incident, OST would have consideied disciplinar aeon. It cant do so

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Filed 08/20/2008

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beaus th person who invertently tranferred the docwnents to the AI without
providing notice to Platiffs counel beforehad is no longer a. feder employe. In
the futu, OST will contiue to consider disciplinar acon for employees who violate any DPO. As OST ChefofSta i wil continue to stres the importe and

signficance oftha Cour's DPO and our responsibilties wider it though quarJy

and monthy meeing. thugh email reminders. an though any other mea
necessa to enure OST complies with the Cour's Order.

I declar under penty ofpeur tht th foregoing is tre and corrct.

Executed ths ~O i-y of August 2008. .