pogoarchives.orgpogoarchives.org/m/wi/20101102/baranic-alcaraz...2010/11/02 · MERIT SYSTEMS PROTECTION BOARD WESTERN REGIONAL OFFICE MANUEL ALCARAZ, Appellant, v. DEPARTMENT OF

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


Table of Contents


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

UNI T E D ST A T ES O F A M E RI C A M E RI T SYST E MS PR O T E C T I O N B O A RD

W EST E RN R E G I O N A L O F F I C E

MANUEL ALCARAZ, Appellant, v. DEPARTMENT OF HOMELAND SECURITY, Agency.

DOCKET NUMBER SF 0752-10-1001-I-1 APPELLANT’S OPPOSI T I O N T O AGENCY’S MOTION TO SEAL THE R E C O RD A ND C L OSE T H E H E A RIN G

On or about October 15, 2010, the Agency filed a Motion to Seal the Record and

Close the Hearing in the instant matter. Appellant, hereby opposes the Agency’s

motion.

The Board’s regulations provide, with few exceptions, that its hearings be open to

the public. Closing a hearing, particularly over the objections of an appellant, is an

extreme measure. 5 C.F.R. § 1201.52 provides that “[h]earings are open to the public.

The judge may order a hearing or any part of a hearing closed, however, when doing so

would be in the best interests of the appellant, a witness, the public, or any other person

affected by the proceeding. Any order closing the hearing will set out the reasons for the

judge’s decision. Any objections to the order will be made a part of the record.” In this

case, the Agency has failed to make the requisite showing that it would be in “the best

interests of the appellant, a witness, the public, or any other person affected by the

proceeding” to close the hearing or seal the record.

The Agency’s motion in this case is nothing more than a pro forma motion that

makes blanket assertions that are unsupported by the record or fact. The first four pages

of the Agency’s motion simply regurgitate the history of the Agency and the regulatory



framework for SSI. In support of its motion and in an apparent attempt to mislead the

Board, the Agency attached two documents to its motion, neither of which has anything

to do with this Chapter 75 appeal. Agency Exhibit A is a Statement of Work that applies

to Transportation Security Officers, not Federal Air Marshals, alleging retaliation for

whistleblower activity. Similarly, Agency Exhibit B, is an Interagency Agreement

between the Board and the Agency regarding the adjudication of certain whistleblower

appeals. Neither document applies to the instant matter.

Contrary to the implications in the Agency’s moving papers, this case does not

involve “misconduct” on the part of Appellant that, if revealed, would jeopardize the

nation’s aviation security. This is not a case that involved any on-duty conduct by the

Appellant. This is not a case that involved Appellant violating any rules or regulations

regarding aviation security. This case will not reveal any facts about the security

procedures in place to protect aviation security. The facts of the case are relatively

straightforward. The Agency revoked Appellant’s top secret security clearance as a

result of an off-duty incident that had nothing to do with aviation security. In revoking

Appellant’s top secret security clearance, the Agency admittedly relied upon a report

prepared by an outside agency, the Office of Personnel Management, and refused to

provide Appellant with a copy of that report despite his demands for the document.

Contrary to the Agency’s blatant misrepresentation, the record is not “replete with

SSI.” Apparently, the entire basis for the Agency’s request to close the hearing and seal

the record is its unsupported assertion that “[t]he record contains numerous documents

indicating the names of various [Federal Air Marshals].” The statement implies that

Appellant engaged in misconduct while on a mission or otherwise on duty, that other

Federal Air Marshals were witness to the incident and that their testimony would

somehow implicate aviation security. Nothing could be further from the truth. First,

there is no evidence that any of the individuals whose name appears in any of the

documents, aside from Appellant who is now a former employee, is a Federal Air



Marshal. The individuals involved in this action are all high ranking Agency officials,

not rank and file Federal Air Marshals. Second, not a single document contained in the

entire Agency File has been designated as Sensitive Security Information. While the

Agency File provided to Appellant contains a “Sensitive Security Information Cover

Sheet,” not one page of the Agency File contains the header or footer designation

required by the Agency’s SSI regulations. The record cannot be “replete” with SSI when

not a single document has been designated or marked as SSI. Third, the regulation upon

which the Agency relies regarding the identity of FAMs specifically refers to “lists of the

names” or other identifying information that identify “persons” (plural) as holding the

position of Federal Air Marshal. Nothing in that section prohibits identifying an

individual employee as a Federal Air Marshal or for the employee to identify himself or

herself as a Federal Air Marshal. This is supported by the fact that the Agency routinely

identifies Federal Air Marshals (and their supervisors) in its online newsletter for all the

public to see. (See e.g. Exhibits 1-4). Certainly, the Agency would not violate its own

regulations, on a recurring basis, by posting SSI on its public website. Finally, even if the

identity of various, purported Federal Air Marshals is found to be SSI, there are less

intrusive ways to restrict any potential disclosure of the information by utilizing the

employee’s initials or some other unique identifier, rather than closing the hearing in its

entirety and sealing the record in this matter, particularly when there is no information at

issue that could compromise aviation security.

The Agency concludes its argument with the threat that “if the record is not sealed

and the hearing is not closed, the Agency will have no choice but to refrain from

participating in the hearing.” The Board should not be blackmailed by the Agency’s

threat. The hearing in this case has nothing to do with aviation security. The fact that a

small handful of high ranking Agency officials, who may or may not be Federal Air

Marshals, may testify about their function as a proposing or deciding official in the

underlying action based on a charge of Inability to Maintain a Top Secret Security



Clearance does not implicate aviation security. The Board is a final check on the

unbridled power the Agency has wielded up to this point by refusing to provide Appellant

all of the information upon which the proposal and decision to revoke his clearance is

based. The Agency should not be allowed to further conceal its actions and its blatant

refusal to abide by the law by threatening to boycott the hearing in this matter if the

record is not sealed and the hearing closed.

Appellant respectfully requests that the Agency’s Motion to Seal the Record and

Close the Hearing be denied.

Respectfully submitted,

GATTEY AND BARANIC A Professional Law Corporation

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

Attorneys for Appellant


Special Agent in Charge Arnold Cole(right), Federal Air Marshal Service,Atlanta f ield off ice, congratulates FAMFAM Michael Godw in for helping capturea felon.

Off-Duty FAM Acts Quick, Nabs Felon

News & Happenings

February 11, 2008

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

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

"FAM Godwin’s situational awareness, sound judgment and his assistance tofellow law enforcement colleagues is commendable," said Atlanta Special Agent inCharge Arnold Cole.

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

10/25/2010 TSA: Off-Duty FAM Acts Quick, Nabs F…

tsa.gov/press/…/michael_godwin.shtm 1/1Pleading Number : 2010025229 Submission date : 2010-10-26 02:12:22 Confirmation Number: 1851935877 page 8 of 20

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

Workforce Stories

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

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

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

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

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

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

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


10/25/2010 TSA: Federal Air Marshal Team Provid…

tsa.gov/…/news_090310.shtm 1/1Pleading Number : 2010025229 Submission date : 2010-10-26 02:12:22 Confirmation Number: 1851935877 page 9 of 20

Home TSA Experience Kudos & Clips News Workforce Archives

TSA Weekly, March 30 - April 3, 2009

Print the Weekly

Gale on Workplace Issues

From the Office of Strategic Communications/Public Affairs

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

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

Other excerpts:

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

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

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

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

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

A Message from Gale

‘Information Protection is Everybody’s Business’

One of our awesome responsibilities as employees of TSA isinformation protection. During the month of April, “InformationProtection Month,” we will emphasize our obligation to safeguardinternal information and handle it responsibly, as well as our duty to beresponsible stewards of the information entrusted to us by the

10/25/2010 TSA: TSA Weekly, March 30 - April 3, …

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Graphic by Ann Oh

American public. We cannot maintain the respect of the traveling publicand our stakeholders if we do not protect their information while beingtotally transparent in all of our processes.

Information protection must be a high priority for everyone at TSA. It’snot just the responsibility of IT security professionals or Intel analysts –it is the responsibility of every employee to safeguard the informationwe handle. This message begins an awareness campaign that willaddress the “Whys” behind information protection and the “Hows” ofaccomplishing it.

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

Like many organizations – in government and private sector alike –TSA has dealt with a serious information breach. Ours happened in

May 2007 when a hard drive went missing that contained employee personal data. We responded quickly and completely toreduce the likelihood of a reoccurrence and to ensure our employees were protected against fraud. I immediately establishedan internal Information Protection Commission to review TSA policies and practices and make recommendations forimprovement. The Commission made 30 recommendations which were then validated by an independent review panel ofoutside industry experts. Last summer, the SLT approved a permanent Information Protection Oversight Board (IPOB) toimplement the recommendations and to cultivate a culture of information protection at TSA. The board, comprised of seniorlevel representatives from every TSA office, has undertaken critical activities to ensure that TSA is doing everything it can to be atrusted guardian of personal and sensitive information, including launching this awareness campaign.

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

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

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

News

DHS Efficiency Moves to Cut Travel, Ban Contractor-Designed LogosHeart Attack Victim Saved by OfficerTSA Partners With Airport to Catch a ThiefOne of TSA’s First FSDs RetiresWomen's History Month Event Emphasizes NetworkingThis Week’s Featured Local Newsletter

Your Weekly E-mail Tip



Supervisory TSO Sonja Armstrong of Show Low (Ariz.) RegionalAirport, on a 30-day detail w ith the IdeaFactory, poses a questionto senior leadership at a tow n hall forum April 1 at headquarters.Issues included Evolution, IdeaFactory, the Integrated ConflictManagement System, and pay bands. Acting Administrator GaleRossides pointed out that a critic of TSA, w ho is also a frequent

blogger, recently w rote online that TSOs are doing “a great job”and invited fellow travelers to thank “all of the great TSOs out therefor doing a tough job and putting up w ith a lot of abuse that theydon’t deserve.” Listen to a portion of remarks by Gale Rossides.Photo By Jeremy Trujillo (blogspot.com)

Graphic by Ann Oh

Homeland Security Secretary Janet NapolitanoPhoto by Mike Simons

Your Weekly E mail Tip

For the next several weeks,TSA Weekly will re-publish tipson how to manage your worke-mail account. If you havesuggestions for managing e-mail, let us know and we’llconsider them for publication.

This Week’s Tip: If you are asecurity officer and do not yet have a work e-mail account,please talk to your training coordinator or security manager.Training coordinators or screening managers are asked to callthe Single Point of Contact (SPOC) with a consolidated list ofTSOs at their locations who do not have e-mail accounts.

News

DHS Efficiency Moves to Cut Travel, Ban Contractor-Designed Logos

From the Office of Strategic Communications/Public Affairs

Eliminatingtravel that isnot missioncritical and amoratorium onusingcontractors todesign andproduce newseals andlogos wereamong theEfficiencyReviewinitiativesHomeland Security Secretary Janet Napolitano announced March 27.

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

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

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

Acquisition management, such as eliminating printing of documents that can be sent electronically or online; restrictingtravel in favor of conference calls and Web-based meetings; and moving to DHS-wide purchases to leverage buyingpower.Asset management, such as acquiring hybrid or alternative fuel motor vehicles; assessing work done by employeesand contractors; and contractors no longer producing logos. Employees are encouraged to submit ideas to improve



TSO John Sullivan. Photo by Scott Arbo

TSA monitors passenger activity at a checkpoint atSacramento International Airport. Photo by RonPelayo

efficiency. TSA employees can submit ideas using the IdeaFactoryEmployee vetting and credentialing, to make it easier to identify disqualifying factors early in the process, to save moneyand reduce backlogs.IT acquisition management, by moving from DHS components buying computer software independently to department-purchased licenses.Management of real property, emphasizing renewable energy technology and conservation.On-boarding new employees, with consolidated employee orientation and a standardized mandatory training curriculumto eliminate duplication.

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

Heart Attack Victim Saved by Officer

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

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

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

Because Guptill stopped breathing and had no pulse, Sullivanimmediately started cardiopulmonary resuscitation compressions. Afew seconds later, the man regained consciousness and beganbreathing on his own.

“The immediate medical attention and rescue provided by TSO JohnSullivan makes all of us here at Bangor, and across TSA, proud of thework our frontline officers perform on a daily basis,” said AssistantFSD Greg Willard.

Back to Top

TSA Partners With Airport to Catch a Thief

By Ron Eschmann, communications lead, Office of Security Technology

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

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

Within moments, airport law enforcement found the suspect at an airportrestaurant and charged him with grand theft.

“Thanks to the speedy work by TSOs, the TSA Coordination Center personneland the Sacramento County Sheriff's Department, we found the suspect andretrieved the stolen items,” said FSD Ron Pelayo.

Back to Top



Scott T. Johnson (right), director of f ield operations,Security Operations, hands former FSD WillieWilliams a plaque w ith a picture of the Pentagon on9/11. Photo by Jon Allen

From left, Jackie Bell, AFSD, Charlotte/Douglas(N.C.) International Airport; Michelle Washington-Holland, director, Transportation IntelligenceAnalysis, Off ice of Intelligence; and FrancineKerner, chief counsel. Photo by Brigitte Dittberner

One of TSA’s First FSDs Retires

By Jon Allen, Office of Strategic Communications/Public Affairs

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

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

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

At a recent luncheon celebrating his career and retirement, Williamswas praised by many. “Willie is a true professional, a man of integrityand someone who gives good advice,” said Kelly Hoggan, deputyassistant administrator, Security Operations.

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

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

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

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Women's History Month Event Emphasizes Networking

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

Developing mentoring relationships, obtaining developmental work detailassignments, and establishing career path plans were some of the topicsdiscussed at the TSA Women’s Leadership Forum, Leadership AccessNetwork: Connecting, Mentoring and Informing, held at headquarters March24.

Panelists also talked about challenges of balancing professional andpersonal obligations. FSD Gail Linkins, Mobile (Ala.) Regional Airport, saidwomen must be their own “self-advocates in the workplace.” FSD LyndelHardy, Birmingham (Ala.) International Airport, reminded participants to have a“big picture view of the organization,” observe where it is headed and avoidgetting “lost in the details.”

The forum, sponsored by TSA’s Federal Women's Program Working Group,featured a leadership panel that included Chief Counsel Francine Kerner;FSDs Debra Engel, Charleston and Myrtle Beach (S.C.) International airports,Linkins and Hardy; Assistant FSD for Screening Jackie Bell,Charlotte/Douglas (N.C.) International Airport; Special Agent in Charge Maria Perez, Federal Air Marshal Service (FAMS);Director Michelle Washington-Holland, Transportation Intelligence Analysis, Office of Intelligence and Analysis; and Instructor



Kimberley Thompson, FAMS. Moderators were Special Counselor Kimberly Walton and Director Jennifer Carmichael, Office ofCivil Rights and Liberties.

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

Back to Top

This Week’s Featured Local Newsletter

The February issue of The Ocean Slate, a newsletter published byTSA’s Model Workplace ICMS Communications team at RhodeIsland’s T.F. Green International Airport, offers a good mix of storiesabout people and security. Stories are both entertaining andinformative, covering technology, employee awards, CFC and SecurityEvolution. Overall, the layout makes good use of photos, graphics andstories.

Back to Top

Kudos & Clips

Reno Airport Officials Show Off New Baggage AreaBy Ray Hagar, Reno Gazette-Journal, March 31, 2009Officials at Reno-Tahoe International Airport showed off construction of

its $63 million baggage and check-in area Monday, saying the 1.3-mile baggage conveyor system can move items from thecheck-in desk to the belly of an airplane in 15 minutes or less. Read more. (rgj.com)

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

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

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Federal Air Marshal Sets World Marksmanship Record

News & Happenings

July 2, 2008

A New York federal air marshal, considered one of the fastest shooters in theworld, set a new world marksmanship record after shooting the "Roundabout" in8.08 seconds during the "Speed-On-Steel Championships."

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

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

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

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

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


10/25/2010 TSA: Federal Air Marshal Sets World M…

tsa.gov/…/world_marksmanship_recor… 1/1Pleading Number : 2010025229 Submission date : 2010-10-26 02:12:22 Confirmation Number: 1851935877 page 17 of 20

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Certificate Of Service

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

Name & Address Documents Method of Service MSPB: Western Regional Office Appellant's Opposition to

Agency's Motion to Seal the Record and Close the Hearing

e-Appeal / e-Mail

Manuel Alcaraz Appellant

Appellant's Opposition to Agency's Motion to Seal the Record and Close the Hearing

e-Appeal / e-Mail

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

Name & Address Documents Method of Service Hoaithi Y.T. Nguyen, Esq. Agency Representative Department of Homeland Security Transportation Security Admin., Office of Chief Counsel 450 Golden Gate Avenue, Suite 1-5246 P.O. Box 36018 San Francisco, CA 94102 USA

Appellant's Opposition to Agency's Motion to Seal the Record and Close the Hearing

US Postal Mail
