My Two Census

Formerly the non-partisan watchdog of the 2010 US Census, and currently an opinion blog that covers all things political, media, foreign policy, globalization, and culture…but sometimes returning to its census/demographics roots.

Posts Tagged ‘jail’

Daily Sound Off: Census software violates federal law

Friday, June 11th, 2010

This Daily Sound Off comes from Bob in Elgin, Illinois:

Until Tuesday I was the AMT (Asst. Manager for Technology) for the Elgin IL census office.

Around April 1st, a change was made to DAPPS (Decennial Applicant, Personnel, and Payroll System) so that it required us to ask employees for the last 4 digits of their Social Security Number to reset their passwords. This is a direct violation of the Federal Privacy Act of 1974, and placed me personally at risk of fines and jail every time I illegally requested this information of another employee. I immediately notified IT management of this issue, and opened a trouble ticket.

Despite my complaints, this issue was never fixed. A proper disclosure could have been added to the screen to be read to the employee. Or something other than SSN could have been used to verify identity. The system even asked new users 3 security questions (hobby,favorite color, pets name) when they first logged in, but these are NEVER used anywhere. Or we could have continued to reset passwords with no further authentication, since these users were all in the office and personally known. This was not a situation where passwords were being reset from remote requests over the phone or internet where verification of identity is an issue.

On May 4th, I was ordered by my area manager, Richard Earley (Chicago RCC) to do this in violation of the law, and threatened with termination if I refused to comply. I responded that he did not have the authority to order me to violate federal law.

On May 6th, Richard Earley stopped in our Elgin office, again ordered me to violate this law, and wrote me up twice on D-282 disciplinary forms. He indicated that he would provide me with copies of those forms, and indicate exactly what rules I had violated in refusing to violate the law, but never did either of these.

In late May a new NRFU Shipping application was rolled out to replace the severely performance limited PBOCS system. The new ship app was based on DAPPS, and had the same illegal SSN request to reset passwords. I immediately logged another trouble ticket to alert management of this issue.

Tuesday afternoon, June 8th Richard Earley again came to our office with a letter written by his staff ordering my termination, that he forced our local office manager to sign under threat of termination. Richard was the only one that spoke to me, terminating me on the spot, and walking me out the door. Although a D283 is required for termination, I never saw a copy of that form.

In addition, our Chicago RCC has issued an edict that we can’t terminate anyone for performance issues, we have to demote them to a lower position. This has been done to other employees in my office, but was not done in my case.

According to the rules on this web site

http://www.osc.gov/pppwhatare.htm

Both my discipline and termination are illegal actions.

I have contacted several federal regulatory agencies, including EEO, OMB, OIG, and OSC and filed complaints as soon as I was disciplined.

In addition the census bureau owes a $1000 penalty to every employee that has been asked for an SSN to have their password reset (probably 5-10K people at a cost of $5-10M), according to the Privacy Act. And those responsible for this illegal system should be fined $5000 per the same law.

I would be more than happy to provide additional information on this issue, and would really appreciate it if you would publicize the census violations of the law.

The computer systems have so many bugs and performance issues, that I question that this census will produce a true and accurate count of our population.

Our RCC manages by intimidation and harassment. They have gone out of their way to create a hostile work environment for all involved in this operation. I don’t know if this is a local issue (IL, WI, IN) or national. In my 35 years of work history, I have NEVER seen so many illegal actions in a place of work as this one experience of working for my own government. I find it disgusting.

Is recently convicted felon/hip-hop artist Chris Brown an ideal 2010 Census spokesman?

Monday, April 19th, 2010

At first glance, it sounds like someone who beat up his pop-star girlfriend (Rihanna) wouldn’t be the best PR spokesman for the Census Bureau, but maybe I’m out of touch with who America’s youth views as role models these days. Does anyone else out there find it disturbing that hip-hop artist Chris Brown is out there promoting the 2010 Census? In 2009, Brown pleaded guilty to felony assault of singer Rihanna and was sentenced to five years probation and six months of community service:

Maryland enacts law to count incarcerated people at their home addresses

Wednesday, April 14th, 2010

The following comes from PrisonersOfTheCensus.org:

April 13, 2010 – Today, Governor Martin O’Malley signed into law a bill ensuring that incarcerated persons will be counted as residents of their home addresses when new state and local legislative districts are drawn in Maryland.

The U.S. Census counts incarcerated people as residents of the prison location. When state and local government bodies use Census counts to draw legislative districts, they unintentionally enhance the weight of a vote cast in districts that contain prisons at the expense of all other districts in the state. Maryland is the first state to pledge to collect the home addresses of incarcerated people and correct the data state-wide.

The new law will help Maryland correct past distortions in representation caused by counting incarcerated persons as residents of prisons, such as the following:

  • 18% of the population currently credited to House of Delegates District 2B (near Hagerstown) is actually incarcerated people from other parts of the state. In effect, by using uncorrected Census data to draw legislative districts, the legislature granted every group of 82 residents in this districts as much political influence as 100 residents of every other district.
  • In Somerset County, a large prison is 64% of the 1st County Commission District, giving each resident in that district 2.7 times as much influence as residents in other districts. Even more troubling is that by including the prison population as “residents” in county districts, the county has been unable to draw an effective majority-African American district and has had no African-American elected to county government, despite settlement of a vote dilution lawsuit in the 1980s.

The problem is national as well. One legislative district in New York includes 7% prisoners; a legislative district in Texas includes 12% prisoners; and 15% of one Montana district are prisoners imported from other parts of the state. Indeed, the 2010 Census will find five times as many people in prison as it did just three decades ago. To address this problem, eight other states have similar bills pending in the current session or being prepared for reintroduction in the next legislative session: Connecticut, Florida, Illinois, Minnesota, New York, Oregon, Rhode Island, and Wisconsin.

“The Maryland legislature has taken a much-needed step to ensure fairness in redistricting and reflect incarcerated populations in a more accurate way. Maryland’s action should pave the way for other states to end the distortions caused by counting incarcerated persons in the wrong place,” said Peter Wagner, Executive Director of the Prison Policy Initiative.

“Maryland’s ‘No Representation without Population’ Act will bring the state’s redistricting practices in line with the rules Maryland uses for determining legal residence of incarcerated persons for other purposes. We applaud this common-sense solution to a growing problem of fairness in representation,” said Brenda Wright, Director of the Democracy Program at Demos.

The legislation, passed as H.B. 496 and S.B.400, applies only to redistricting and would not affect federal funding distributions.

The Prison Policy Initiative and Demos have a national project to end prison-based gerrymandering, seeking to change how the U.S. Census counts incarcerated people and how states and local governments use prison counts when drawing districts. The two groups provided technical assistance to the American Civil Liberties Union (ACLU) of Maryland and the Legislative Black Caucus of Maryland who led this effort.

In addition, Mr. Wagner and Ms. Wright both testified in support of Maryland’s new law at legislative hearings this spring. Their testimony pointed out that HB496/SB400 has precedent in the practice of more than 100 rural counties around the country that currently revise the Census Bureau’s prison counts for internal districting purposes, and in the laws of states such as Kansas that adjust the Census for other purposes.

PPI and Demos long have advocated for the Census Bureau to change its practices so that incarcerated persons would be counted at their home residences on a nationwide basis. While it is too late for that change to be made for the 2010 Census, the Census Bureau’s recent decision to accelerate the release of its prison count data so that states can more readily identify prison populations in the Census will be helpful to states such as Maryland that wish to make their own adjustments.

PPI and Demos applaud the lead sponsors of the legislation, Delegate Joseline Pena-Melnyk and Senator Catherine Pugh, who deserve special credit for their leadership on this issue. Although both represent legislative districts that contain large prison populations currently counted as part of their districts, both recognized that the issue of fairness and accuracy in statewide redistricting should take precedence over individual concerns. PPI and Demos are also encouraged by the bi-partisan support for the bill including that of Republican Senators J. Lowell Stoltzfus and Donald F. Munson.

Twitter Watch: Tweet From West Virginia Raises Suspicions

Monday, March 8th, 2010

Since MyTwoCensus.com added a Twitter widget to the lower right side of our page in December 2009, it has been very easy to observe Tweets and dialogues from across the US that pertain to the 2010 Census. However, last week, we noticed a suspicious Tweet (see below) and contacted the person who posted it. Thus far, we have not recieved a response, but we must wonder: Are federal, state, regional, or local agencies hiring people (at $29.50 per hour!!!) to complete 2010 Census forms on behalf of prisoners? Is this legal? Will this produce a fair and accurate  count? On Friday, we inquired about this Tweet with the Census Bureau. They have not yet responded to our inquiry.

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