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FAA AAE Clay Foushee Lack of Ethics

Discussion in 'FAA News, Opinion and Articles' started by Brian Gruzalski, Oct 7, 2014.

  1. Brian Gruzalski

    Brian Gruzalski New Hangar Member

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    The FAA under the direction of H. Clayton Foushee, has repeatedly made false and unethical statements regarding whistleblower cases in order to protect themselves and FedEx Express from regulatory violations. The FAA idly stood by and watched FedEx retaliate, harass and ultimately terminate my employment for making safety complaints. Then the FAA covered up my whistleblower complaint without ever investigating. This prompted a second whistleblower complaint in which Mr. Foushee made false statements to further cover up FedEx's major violations and the FAA's failure to enforce those regulations. To make matters worse the FAA has failed to provide an appropriate FOIA request withholding the majority of information to protect themselves due to their misconduct and failure to follow their own enforcement regulations 2150.3b. The FAA AAE-1 Mr. Foushee has also recently made false and unethical statements regarding a recent complaint of FedEx Express' violations and the FAA's failure to enforce the regulations. I have written a 15 page appeal to Mr. Foushee regarding his findings and he finds "that there is no reason either to re-open our investigation or to revise our findings." This is due to the fact that he was the one who wrote the unethical, biased, based on fiction Report of Investigation. There is no accountability within the FAA and it needs to start with Mr. Foushee. Is there anyone within the system that has both oversight and ethics? I have yet to find anyone and am looking for advice.
     
  2. Richard Wyeroski

    Richard Wyeroski Hangar Gold Member I

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    Brian

    Your right about Mr Foushee. He is dishonest and unethical and his AAE office is nothing but a front to cover up the corruption of the FAA and other agencies.

    Myself and three other collegues had a meeting back in 2011 in Washington DC, at the Government Accountability offices GAP, with Tom Devine . Mr Foushee and his lawyer lap dog attended and basically lied to us.

    I would say to you, stay away from the Merit System Protection Board MSPB their record of protecting the Whistleblower or Government employee looking for justice is a dismal 3% out of 100% success rate. The MSPB is just as corrupt and covers-up problems. The Judges if you will call them that, are bought and paid for by the Government and do what they are told......

    The problems with our country are because Government employees are just afraid to do their job out of fear of retribution. All we have to do is look back at the failures of the Government to protect the American people. Pure examples are the SEC Scandal and Bernie Madoff. The Gulf oil spill where Government Inspectors failed to inspect defective oil rigs. Now we could add in the IRS Sandal, The VA Scandal and I could keep going, but you get the picture.


    Yes Clayton Foushee and his AAE Office is nothing more then a cover-up for Corruption.

    Please read an article about Clay Foushee and his AAE office
    http://washingtonexaminer.com/more-heartbreak-for-faa-whistleblowers/article/40165
     
  3. Edward Jeszka

    Edward Jeszka Hangar Gold Member I

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    Brian has been trying to get Clay Foushee and his office of ineptness and dishonesty not to agree with him but simply respond. He has asked Clay to look into certain aspects of his case and has been given a true diet of lies and deceit when Clay got off his ass and finally responded. It reminded me of the meeting with Foushee and his lap dog lawyer up in DC. I was one of the participants that was with Rich and a few others. There was more lying going on than a liars convention. And they knew we had the documented proof. But they opted to lie anyway. Brian is now among those selected by AAE-1 to be on the receiving end of the FAA AAE version of truth. Don't expect fair, honest treatment from the FAA until they must swear in a true court of law under penalty of incarceration for perjury, witness tampering and falsification of evidence. All things presently accepted under the MSPB, NTSB ALJ, OSC, and even to a point, EEO.

    You have a better opportunity to be chosen for a lunar landing than obtain fairness, honesty and competency while treading these waters. Honesty is truly one sided in aviation. And most of us are on that side of the "Red Line". You don't have to cross it to go down either. Just irritate some national treasure employed by the FAA and watch your career disappear before your own eyes.

    Keep writing Brian and fighting the fight, especially when it is with that snake Foushee. That's what quite a few of us are doing in hopes that someone within the beltway grows some and finds that standing erect is really not that difficult. Good luck my friend.
     
  4. Richard Wyeroski

    Richard Wyeroski Hangar Gold Member I

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    .......BTW Brian I had a call from FAA security a few months back wanting to know if I personally threated Mr Foushe when I said QUOTE....." Mr Foushee shouild look over is shoulder." UNQUOTE....

    Well....I said to the investigator that I was really concerned that Mr Foushee has basically "screwed" so many former Federal employees that one is bound to do something to Mr Foushee.....

    Yes Mr Foushee thought my comment waranted an investigation as to whether I was threatening him.....of course I was not but if I was he definitely desereved it anyway!

    Actually there are other former senior FAA managers that were responsible for allowing peopel to die because they would not institute corrective action to prevent aircrashes.....they of course have to account for their actions eventually.

    PS I emailed this thread to the DOT/ Inspector Generals Office so they have this information. I do not believe it will matter but in the event there is an investigation....they have the information

    Thanks againo_O
     
    Last edited: Oct 7, 2014
  5. Edward Jeszka

    Edward Jeszka Hangar Gold Member I

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    I concur. I doubt seriously you will be able to discern any response from the DOT/OIG. We have some very familiar names that we have been dealing with for a very long time and that have exhibited a total lack of concern for the information they have been provided. It appears that as Scott rose through the ranks he benefited from round filing most of the complaints and evidence he was provided. Calvin appears to have taken the same route. These are folks in offices that are touted as the investigators and heads of offices that will look into the various nefarious behavior within the FAA that has been disclosed to them. I would understand a "He said she said" type of response if all that was provided was word of mouth complaints. However, you and I and several others are truly aware of the lengths they have gone through to either massage the complaint so it seems like it is a mere misunderstanding, or even to the extremes of ignoring legitimate complaints that would end up in personnel action. Scott and Calvin have dumped my filings or have ignored them and simply put them away even after being provided hard evidence in support of the complaints.

    No accountability within the FAA and no effort to follow up on complaints against the FAA by the DOT/OIG. That makes for a pretty somber situation. There have been transfers from DOT/OIG to the FAA so I might hazard a guess that as long as that street is open for travel, no stop lights or caution signals will be enforced. So let the charade continue. An example that I am very close to is that a DOT/OIG investigator came to my house for an interview and review of facts and evidence. Guess where that investigator now works? How about for Clay Foushee in the FAA office of AAE. The circus continues unabated. Here is the terrifying realization of this situation. Aviation Safety is in the hands of the FAA, with Congressional Oversight, with monitoring by the NTSB and the DOT and their famous office of OIG. MSPB and EEOC have been falling all over themselves in efforts to hold FAA harmless on every complaint, grievance or objection filed.

    So if Brian or Glen or others that will remain nameless as they are presently involved in dealings with Clay and his AAE office anticipate fairness and integrity, probably better to trust the Wizard of Oz. He probably would be much more trustworthy than these out of control governmental agencies who hold your future in their slimy hands.
     
  6. Richard Wyeroski

    Richard Wyeroski Hangar Gold Member I

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    ...........I thought I would send Clay this thread so he is informed, that we "know" about AAE being nothing more then a front to muffle Whistleblower complaints. Actually in my opinion, AAE is used to gauge whether or not the Federal employee has a case or any viable evidence. I have first hand knowledge of this since I gave AAE, my sensitive documents and answered their questions in the belief that AAE was going to help me. In fact AAE gave the FAA Chief Counsel my information and Foushee reported directly to David Grizzle, who was Chief Council at that time.

    So be the judge is the FAA AAE OFFICE CORRUPT?

    OFFICE OF FAA CHIEF COUNSEL
    https://www.faa.gov/about/office_org/headquarters_offices/agc/

    BTW....Clay if you attempt to deny my accusations, I have the series of e-mails sent to your office.
    "Clay Foushee, FAA AAE-1" <[email protected]>

    YOUR SIR ARE DISHONEST AND UNETHICAL!...........
     
    Last edited: Oct 9, 2014
  7. Edward Jeszka

    Edward Jeszka Hangar Gold Member I

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    And this is what the FAA says they are doing:



    FAA HomeNews ▸ Fact Sheets

    Fact Sheet – FAA’s Office of Audit and Evaluation
    For Immediate Release
    September 17, 2009
    Contact: Les Dorr, Jr. or Alison Duquette
    Phone: (202) 267-3883

    The Federal Aviation Administration’s (FAA) new Office of Audit and Evaluation is the focal point for public safety complaints and whistleblower contributions. It also handles relations with the U.S. Office of Special Counsel, the Government Accountability Office and the Department of Transportation’s Office of Inspector General.

    The new office improves the FAA’s ability to conduct candid self-examinations in aviation safety matters and questionable personnel practices. The office’s goal is to manage complaints and audits more effectively, making sure they receive the necessary consideration and coordination and are acted on in a timely manner.

    The office also will help FAA managers and employees resolve workplace conflicts, but it is not a substitute for existing equal opportunity, grievance or FAA Accountability Board processes.

    The director of the office reports to the FAA Chief Counsel, but will always have direct access to the FAA Administrator as well.

    Consolidating Reporting Avenues
    The new Audit and Evaluation office will accept and coordinate action on reports from established sources that previously were handled by different areas in the FAA:

    • Administrator’s Hotline — Gives FAA employees a way to get high-level management attention for concerns unresolved by established procedures.
    • Aviation Safety Hotline — Provides an outlet for anyone to express concerns about unsafe aviation situations without fear of reprisal.
    • Public Inquiry Hotline — Responds and refers inquiries from the public about aviation matters.
    • Whistleblower Protection Hotline — Coordinates with the Department of Labor on safety disclosures made by private-sector aviation workers, including government contractors.
    • Safety Issues Reporting System — Established in April 2008, allows Office of Aviation Safety employees to report safety issues they believe have not been addressed by other FAA processes.
    How It Works
    The Audit and Evaluation office monitors the thoroughness and good faith of the investigation of reports. The organization conducts an initial review of disclosures, enters them in a tracking system and tasks the appropriate office to lead the investigation and settle the matter within a specified time. Audit and Evaluation keeps tabs on the progress of investigations and ensures the results are properly reported to the FAA Administrator.

    Outside Investigations
    Audit and Evaluation also serves as the FAA’s primary liaison for audits and investigations on aviation matters conducted by the Transportation Department’s Inspector General, the Government Accountability Office and the U.S. Office of Special Counsel.
     
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  8. Edward Jeszka

    Edward Jeszka Hangar Gold Member I

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    The order that made it all possible, revision b. Someone should provide this to the folks of authority posted on the List Of Key Employees so they actually could see what they tasked by the order to do. That would be a novel approach to FAA employee training.

    FAA HomeOfficesOffice of Audit and Evaluation ▸ Key Officials

    Key Officials
    Clay Foushee
    Director, Office of Audit and Evaluation

    Erika Vincent
    Senior Technical Advisor

    Denean Bush
    Program Analyst

    Daryl F. Barnes
    Staff Assistant

    Vince Murray
    Acting Manager, Audit and Analysis Staff
    Whistle Blower Protection Program

    Angelique Berry
    Manager, Reporting and Data Analysis Staff



    U.S.
    DEPARTMENT OF TRANSPORTATION
    FEDERAL AVIATION ADMINISTRATION
    National Policy ORDER 1
    100.167B

    Effective Date 02/05/14

    SUBJ:The Office of Audit and Evaluation

    1.
    Purpose of this Order.
    This is a revision of FAA Order 1100.167A issued on November 6,
    2012. This order provides a revised organizational structure and provides updates and
    clarification of the functions and responsibilities of the Office of Audit and Evaluation (AAE).
    AAE was formally established as a result of the enactment, on February 14, 2012, of the Federal
    Aviation Administration (FAA) Modernization and Reform Act of 2012 (Public Law 112-95)
    requiring that the FAA formally establish an independent office for the investigation of aviation
    safety -related whistleblower disclosures (Section 341).

    2.
    Who this Affects.
    This order affects everyone who does business with the Office of Audit
    and Evaluation (AAE).

    3.Where you can obtain this order.
    You can find this order on the MyFAA Employee Web site:

    https://employees.faa.gov/tools_resources/orders_notices/. This
    order is available to the public at

    http://www.faa.gov/regulations_policies/orders_notices/.

    4.
    Cancellation.
    This order cancels Order 1100.167A, The Office of Audit and Evaluation,
    dated November 6, 2012.

    5
    Background.
    In anticipation of the passage of Public Law 112-95 (P.L. 112-95),
    and as a result of past recommendations from the U.S. Department of Transportation, Office of the Inspector General
    (DOT/OIG), the FAA realigned AAE as an independent organization reporting directly to the FAA Administrator on January 13, 2012.

    This change in structure was published in FAA Notice
    N1100.337. The realignment augmented the visibility of AAE for both employees and external
    stakeholders, enhanced agency accountability for internally identified safety concerns, and revalidated
    the agency’s commitment to providing an independent vital and effective mechanism for addressing
    and resolving safety-related employee disclosures and safety-related whistleblower disclosures.

    TO READ FULL ORDER: http://www.faa.gov/documentLibrary/media/Order/FAA_Order_1100_167B.pdf
     
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  9. Richard Wyeroski

    Richard Wyeroski Hangar Gold Member I

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    Don't worry
    [​IMG][​IMG]

    Trust AAE.....:cool:.....................Trust him
     
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  10. Brian Gruzalski

    Brian Gruzalski New Hangar Member

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    I appreciate all of the Information. I have talked to the OIG repeatedly and have been turned down by Scott V. Harding. He said he was sending everything to the Office of Special Investigation and a month later sent me his classic form letter, stating the case is closed and there will be no further communication, or something to that affect. I knew from researching him that he supports all of the illegal acts that the FAA is notorious of committing and did not get my hopes up. I did call the OIG a couple of weeks ago and asked to speak to his superior, and got a woman that seems like she is willing to help and said she would submit everything to the Office of Special Investigation. I feel that she is telling the truth, as I doubt that Mr. Harding ever did. I sent all of the email conversations between myself, the FAA and the OIG for approximately the last 2-1/2 years or more and it clearly shows that the FAA covered up my initial whistleblower case and when I called them out on it they opened another case in which they did substantiate some findings but failed to substantiate the major ones. It also shows the many lies that Mr. Foushee has told, the fact that they ignored witnesses failed to properly interview me, failed to re-interview me as promised and their unwillingness to follow their own order 2150.3b FAA Compliance and Enforcement Program http://www.faa.gov/regulations_poli....cfm/go/document.information/documentid/17213. I have previously emailed this order to Mr. Foushee and his subordinates, realizing that they are either ignorant to the order, too incompetent to follow it, or just out and out ignoring it.
    This is just an example of how determined Mr. Foushee and the FAA are to protect FedEx from any enforcement action. FedEx has never provided training for structures mechanics as required in the regulations, they have also been hiring inexperienced, incompetent mechanics in many cases that don't even own any tools. This has resulted in many illegal repairs, falsification of documentation and unairworthy aircraft that were allowed into service. FedEx, 5 months after they terminated my employment had a sheetmetal class with just a couple of individuals, and Clay Foushee felt that that made them compliant with the training regulations for the last couple of decades that the regulations were ignored and would not substantiate my claim. There are many other instances, i.e. falsification of documentation, pencil whipping, Inspectors signing paperwork with no inspections, damage during Major repairs resulting in unairworthy aircraft that were allowed into service, and the list goes on, while the FAA turns a blind eye.
    FedEx's Certified 145 repair station at LAX which is next to the beach is also in violation. The hangar is not large enough to fit the aircraft so a major portion of the tail sticks outside. It is also next to the beach with aircraft in Heavy Maintenance, unsecured, and getting soaked nightly with Salt water humidity. Clay Foushee doesn't seem to have a problem with that neither. Or the fact that for example, FedEx was performing a Major Wing Spar Repair outside in the rain, wind etc. with the fuel tanks open. He even wrote a four page letter of lies which in one part he tried to explain that the wind is only 6 to 9mph all year long. The fact is that the average High winds by month for the last year were 33.538mph. I have also recently come into some information that some of the collusion between the FAA and FedEx might be occurring due to a government contract FedEx has and needs a Repair Station Certificate to perform.
    I want to add that I have been CC'ing Anthony Foxx, Michael Huerta, Calvin Scovell, the OSC and many congressman with no avail as of yet, but feel I am starting to get some traction. I also need to add here that OSHA DOL Region IX is just as corrupt as the FAA, which makes it absolutely impossible for a whistleblower to prevail, no matter how much proof, documentation, or witnesses they have. Both agencies have absolutely no problem with violating our rights and committing illegal acts. If these government agencies are allowed to operate this way much longer, we are definitely on the fast track to becoming a 3rd world country.
     
  11. Richard Wyeroski

    Richard Wyeroski Hangar Gold Member I

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    .....Brian

    Thank you for all the information. Unfortunately Scott Harding is there just to keep the lid on the complaints. Calvin Schovel, the Inspector General has done little that I could see to fix anything brought to his office. The DOT/ OIG can only "recommend" changes to the FAA. The FAA is what it is ...a bloated ineffective agency controlled by big business.

    Ed Jeszka and myself have been contributing to AIRNATION since the site started over two years ago. Many government agencies read our comments and follow the site daily.

    Please read this piece I did two years ago on Regulatory Capture. It may explain the plight we all are in. I am still amazed at the way the government would rather cover up problems, but I have come to learn the hard way that it is the money. That is the reason.

    Thanks

    MORE
    Regulatory Capture and the FAA
    http://airnation.net/2012/10/03/faa-regulatory-capture/
     
    Last edited: Oct 10, 2014
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  12. Richard Wyeroski

    Richard Wyeroski Hangar Gold Member I

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  13. Richard Wyeroski

    Richard Wyeroski Hangar Gold Member I

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    Brian

    Whistle blowing is a long hard up hill fight. The scumbags that look the other way for money are the problem. How they can allow or take the chance that people can be killed for profits has always amazed me all my life. I choose to do my job as an FAA inspector. I took an oath with my right hand raised before our flag and promised to protect and serve......I believe I am still doing just that:)
     
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  14. Edward Jeszka

    Edward Jeszka Hangar Gold Member I

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    Brian,
    In our meeting with Foushee in D.C. a few years ago he and his lap dog agency attorney admitted, in public, that they were not able to investigate certain complaints. He qualified that by limiting, at least what they said, their ability to investigate complaints from previous FAA employees regardless of the content. The reason given was that his budget wouldn't cover it. Now that truly is indicative of the monstrous mismanagement within the FAA. Got enough money to pay all his high priced minions but not enough to have them do their job. I am truly confused as to how that happens. Here is your bloated paycheck Mr. Foushee, at least bloated in comparison to the product, but don't do anything to earn it. Maybe the theory behind that concept is to do all the fire-wall work and appearances before Congress with Mikey but heaven forbid you or your staff of subordinate gofers investigate the hundreds of legitimate complaints and disclosures that might affect aviation safety or the integrity of the agency. You don't have the funds for that? That was the answer we got from the dynamic duo that sad day in D.C.

    Come on Congress. It really only takes a little effort to find the problems. Don't wait for the unthinkable and then wring your hands feigning horror. All said and done, it probably would take less to correct the situation within the FAA now, before the inevitable occurs.
     
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  15. Richard Wyeroski

    Richard Wyeroski Hangar Gold Member I

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    Adviser

    Here is the piece on Clay Foushee and the notoriously dishonest AAE Agency...........
     
    Last edited: Feb 19, 2021

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