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Judicial Security

Judicial Security. How to spot trouble and how to deal with it. Who’s on first?. SSA Organizational Structure Commissioner of Social Security. 8 Deputy Commissioners. ODAR: Glenn Sklar BFQM [OPSS]: Pete Spencer Human Resources: Reginald Wells Operations: Nancy Berryhill

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Judicial Security

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  1. Judicial Security How to spot trouble and how to deal with it

  2. Who’s on first? • SSA Organizational Structure • Commissioner of Social Security

  3. 8 Deputy Commissioners • ODAR: Glenn Sklar • BFQM [OPSS]: Pete Spencer • Human Resources: Reginald Wells • Operations: Nancy Berryhill • Retirement and Disability Policy • Legislation and Congressional Affairs • Communications • Systems

  4. Other SSA Offices • Inspector General: Patrick P. O’Carroll, Jr. • General Counsel: David F. Black • Actuary • Information Officer • Strategic Officer

  5. Non-SSA Security Agencies • FPS [Homeland Security] • U.S. Marshals Service [Article III courts] • FBI • Local law enforcement [first responders]

  6. Security in SSA • Office of Security and Emergency Preparedness [Assoc. Com. Jonas Garland] • Office of Protective Security Services [Director Frank Lester] • Part of BFQM • Set Security Policy in SSA

  7. FPS jurisdiction • All federal owned or leased space [remote sites]. • Threats to any SSA employee. • LARs should get to know FPS officer in charge of your building.

  8. Office of Inspector General • Inspector General: Patrick J. O’Carroll, Jr. • Deputy IG • Asst. IG—Investigations: Michael D. Robinson • Asst. IG –Executive Operations • Asst. IG—Audit • Chief Counsel

  9. OIG jurisdiction All SSA owned or leased space [remote sites]. Threats to any SSA employee. Fugitive Felon Program.

  10. What is leased space? • In a commercial office building, a contract guard has no jurisdiction over an incident out side of ODAR leased space. “If an [sic] SSA office is located in leased space housing other tenants, the Protective Security Officer has jurisdiction over the office but not the lobby, corridors or other office space not leased by the Government.” AIMS 04.50.07C4

  11. Nuts and Bolts • What claimants cause extra concern?

  12. 3 High-risk claimants • 1) Ex-convicts [many with DA & A]. • 2) Military veterans [PTSD/Paranoid]. • 3) Acute psychotics.

  13. Emotional Triggers • 1) Sense of entitlement. • 2) Sense of desperation. • 3) Papa/Mama bear syndrome. • 4) Wild card/pro se.

  14. Concealed Carry • 1) 40 States have “concealed carry” statutes. • 2) Another 9 have modified “concealed carry” statutes. • 3) Only Illinois totally outlaws carrying concealed weapons.

  15. Statutory Language Federal Criminal Statutes are included in Articles 5 and 23 of our new CBA. 18 USC 930 prohibits weapons and knives with a blade of 2 ½ inches on federal property. Based on FPS stats, AALJ estimates that 1 in every 4 claimants has at least a pocket knife.

  16. Incident Alerts • Since AALJ Master CBA on 8/30/01, more than 500 Incident Alerts have been filed. • Numbers are growing as management and judges learn to file an Incident Alert. • Approximately one judge per week is threatened.

  17. CPMS flags • Electronic File now has flag under “case characteristics” for “homicidal/potential violent”. • Same category exists in CPMS. • Scheduler must know to check “case characteristics” page when scheduling. • Master docket clerk must check “case characteristics” of Electronic File to manually add threat history to CPMS as not all E.F. data automatically migrates from DO computers.

  18. Threats and Ban Letters • If a claimant “poses a threat”, see 20 CFR 404.937 and 416.1437, and Hallex I-9-5. • Ban Letters are in 20 CFR 422.901-907 and Hallex I-9-10. • If a claimant is banned from SSA offices before a hearing, per I-9-5D2, a hearing can be done by telephone. • If not banned, an extra guard can be present for the hearing.

  19. Remote site guards • In 1/03, the HSC established with OPSS that a judge on a trip to a remote site, needs only ask for a guard and one would be provided for the entire trip. • I know my docket. But I do not know who may have just gotten a denial decision, and may come looking for that judge, and find me as a target of opportunity.

  20. Seeking Prosecution • Per AIMS 04.50.04C MRM: • “The victim, in coordination with local law enforcement, SSA OIG, and/or FPS, is the only one who can pursue legal prosecution or swear out a warrant. Management cannot legally do this for the victim.”

  21. Common Sense • --Low profile • --Unlisted phone number • --No parking space marked “Judge” • --No vanity license plate = judge • --No building signs giving individual judge’s room numbers • --Consider home security alarm or dog

  22. Three-dog theory • 1) Some dogs bark, and never bite. • 2) Some dogs bark, and also bite. • 3) Some dogs never bark, and only bite.

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