Justice Department Announces $1.2 Million Dollar Settlement of Title VII Intentional Race Discrimination and Retaliation Lawsuit Involving Law Enforcement Victims in Maryland

The Justice Department announced today that it has reached a settlement with the Worcester County Sheriff, in his official capacity (currently Matthew Crisafulli, formerly Reggie Mason), and the state of Maryland, resolving allegations that a former staff member was subjected to a racially hostile work environment and that he and others who supported him were retaliated against after he complained about the racial discrimination. The Justice Department also announced the settlement of related retaliation claims filed against Pocomoke City, Maryland that were resolved on Dec. 4, 2019.

“Subjecting a law enforcement officer to egregious racial slurs and epithets, then retaliating against him and others who supported him for reporting the misconduct, strikes at the heart of the race discrimination prohibitions that Congress enacted when it passed Title VII of the Civil Rights Act of 1964,” said Assistant Attorney General for Civil Rights Eric S. Dreiband. “The police officers who were the victims of this unlawful race discrimination and retaliation will benefit from this agreement, and the Justice Department will continue vigorously to enforce Title VII to preserve the right of all citizens, including the brave men and women who serve in law enforcement, to work with dignity and respect and without regard to the color of their skin.” 

The United States’ complaint in intervention, filed on Dec. 1, 2016, alleged that former Pocomoke City Police Officer Franklin Savage was subjected to a racially hostile work environment, which included repeated racial epithets and other racially-charged acts of harassment, while on assignment to the Criminal Enforcement Team, a multijurisdictional drug enforcement unit operated through the Worcester County Sheriff’s Office. The United States also alleged that Savage’s complaints about racial harassment resulted in a series of retaliatory actions against him by the State of Maryland, through the Worcester County Sheriff’s Office, and by Pocomoke City, culminating in the termination of his employment. The complaint further alleged that Pocomoke City retaliated against two other officers — former Pocomoke City Police Chief Kelvin Sewell and former Pocomoke City Police Lieutenant Lynell Green — for supporting Savage in the course of his complaints. Pocomoke City eventually terminated Chief Sewell’s employment.

Under the terms of a Dec. 4, 2019 consent decree with Pocomoke City and the newly-announced consent decree with the Worcester County Sheriff and the state of Maryland (which is subject to court approval), Pocomoke City and the Worcester County Sheriff’s Office must review and revise their existing anti-discrimination policies and procedures and implement effective policies to protect employees from discrimination on the basis of race and retaliation. These resolutions further require Pocomoke City and the Worcester County Sheriff’s Office to develop effective policies that ensure employees understand how to report potentially discriminatory or retaliatory behavior and that supervisory staff understands its responsibility to report such complaints through the appropriate investigatory process. Pocomoke City agreed to pay a total of $1,101,003.00 to the former officers to resolve all claims against it. The Worcester County Sheriff, in his official capacity, and the State of Maryland agreed to pay an additional $100,000.00 to Savage, in resolution of his claims against those employers.

All three former law enforcement officials filed charges of discrimination with the U.S. Equal Employment Opportunity Commission’s (EEOC) Baltimore Field Office. The EEOC investigated the charges and found that there was a reasonable basis to believe that violations of Title VII had occurred. After unsuccessful conciliation efforts by the EEOC, the charges were referred by the EEOC to the Department of Justice. The former officers filed suit and the United States intervened in their suit. More information about the EEOC’s jurisdiction is available on its website at www.eeoc.gov

Attorneys assigned to the Employment Litigation Section of the Civil Rights Division represented the United States in this matter. The full and fair enforcement of Title VII is a top priority of the Justice Department’s Employment Litigation Section of the Civil Rights Division. Additional information about the Civil Rights Division and the jurisdiction of the Employment Litigation Section is available on its websites at www.justice.gov/crt/ and https://www.justice.gov/crt/employment-litigation-section /

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    GAO found that the completeness and accuracy of Transformed Medicaid Statistical Information System (T-MSIS) data have improved. Over the past decade, the Centers for Medicare & Medicaid Services (CMS) has been implementing T-MSIS, which is the agency's initiative to improve state-reported data available for overseeing Medicaid. CMS's assessment of two key T-MSIS data sources reflect these improvements. I. Priority items. Priority items are areas of data CMS identified as critical for program oversight, such as beneficiary eligibility and managed care. CMS's assessment of states' data submissions for the first 12 priority items identified significant improvement in meeting CMS data standards over a 22-month period. CMS's assessments of additional priority items similarly indicate improved completeness and accuracy. Improvements in the Number of States Meeting CMS Standards for Transformed Medicaid Statistical Information System Priority Items One through 12 Number of priority items that met standards Number of states as of October 2018 Number of states as of August 2020 10 or more 6 41 7 to 9 26 10 6 or less 18 0 Source: GAO analysis of the Centers for Medicare & Medicaid Services (CMS) priority item data. │ GAO-21-196 Note: CMS assessed data from all 50 states and the District of Columbia. CMS excluded Wisconsin from its October 2018 assessment, because the state had not submitted sufficient data. II. Analytic files. Analytic files are publicly available, research-ready T-MSIS data. GAO's review of CMS's assessments found that all states submitted some data for 67 of the 69        topics relevant to their Medicaid programs. This is an improvement from what GAO found in 2017, when none of the six states reviewed submitted all T-MSIS data applicable to their programs. GAO also found that states' data for 52 of the 69 topics were acceptable—meaning that CMS determined most states' data did not have significant problems that would affect their usability. While CMS's assessments of priority item and analytic file data indicate improvement in the completeness and accuracy of T-MSIS data, GAO also found that these assessments highlight areas where data do not meet the agency's standards. For example, 30 states did not submit acceptable data for inpatient managed care encounters. Accurate encounter data are critical to ensuring that Medicaid managed care beneficiaries obtain covered services and that payments to managed care organizations are appropriate. GAO has made at least 13 recommendations related to improving T-MSIS data and expediting their use for program oversight. CMS has addressed five of these recommendations, and has not fully addressed eight—including recommendations to improve data for overseeing payments to providers and managed care organizations. Implementing these recommendations would help CMS strengthen program oversight through improved T-MSIS data. Since adding Medicaid to its High Risk List in 2003, GAO has identified multiple limitations in program data affecting CMS's ability to ensure beneficiaries' access to care and proper payments to health care providers. CMS intends T-MSIS be a national repository of data to manage and oversee Medicaid, which served approximately 77 million individuals at an estimated cost of $673 billion in fiscal year 2020. Prior GAO work found issues with the completeness and accuracy of T-MSIS data and recommended that CMS expedite efforts to improve T-MSIS data and to use them for program oversight. CMS has taken steps to improve T-MSIS data and has made some T-MSIS data publicly available. Yet, questions remain about the usability of T-MSIS data for program oversight. Under the Comptroller General's authority, GAO initiated this review to examine what is known about the completeness and accuracy of T-MSIS data. GAO reviewed CMS's assessments of two T-MSIS data sources: (1) states' submissions of T-MSIS priority items; and (2) the 2016 T-MSIS analytic files, which was the most recent analytic file data available when GAO began this work. GAO also reviewed CMS documents, prior GAO reports, and reports published by others examining T-MSIS data. GAO interviewed officials from CMS and seven states selected based on variation in their progress submitting complete and accurate priority item data, among other factors. The Department of Health and Human Services provided technical comments on a draft of this report, which GAO incorporated. For more information, contact Carolyn L. Yocom at (202) 512-7114 or yocomc@gao.gov.
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    On Oct. 20, 2020, a former United States Marine Lance Corporal, recently stationed at Camp Lejeune in Jacksonville, North Carolina, and two co-defendants were arrested in Boise, Idaho on the federal charge of conspiracy to unlawfully manufacture, possess, and distribute various weapons, ammunition, and suppressors.  Liam Montgomery Collins, 21, and Paul James Kryscuk, 35, recently of Boise, were charged via an indictment, while Jordan Duncan, 25, a North Carolina native also currently residing in Boise, was charged via a complaint, both obtained in the Eastern District of North Carolina.
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  • Federal Research Grants: OMB Should Take Steps to Establish the Research Policy Board
    In U.S GAO News
    As of January 2021, the Office of Management and Budget (OMB) had not established the Research Policy Board as required by the 21st Century Cures Act. The act requires OMB to establish the Board within 1 year of the December 13, 2016 enactment of the act. The Board is to provide information on the effects of regulations related to federal research requirements. OMB stated that it had not established the Board because of issues with the Department of Health and Human Services’ (HHS) and other federal agencies’ full participation in the Board’s potential activities to develop or implement a modified approach to indirect cost policies. According to OMB, “the Board would necessarily delve into issues related to compliance burden and indirect cost reimbursement to entities that receive federal funding for research.” Specifically, OMB pointed to a statutory provision appearing in annual appropriations bills that it believes prohibits HHS and other agencies from taking action on issues that could implicate certain indirect cost provisions. According to OMB, this provision could, if continued in future bills, “complicate or even possibly prohibit HHS from participating in major elements of the Board’s process.” OMB stated that, without representation of a major research agency such as the National Institutes of Health (NIH), which is part of HHS, “OMB would not be equipped to meet the statutory goals of the Board.” However, HHS stated in October 2020 that the indirect cost provision would not prohibit NIH’s participation on the Board and that the department was not aware of any other appropriations law provision that would prohibit such participation. GAO has no basis to disagree with HHS’s position. The 21st Century Cures Act does not specifically direct the Board to examine issues related to indirect costs, and we identified other issues that may fall within the scope of the Board’s activities. For example, the act specifies five activities that the Board may conduct, including creating a forum for the discussion of research policy or regulatory gaps, and identifying regulatory process improvements and policy changes. The Board could consider examining these or other issues related to streamlining and harmonizing regulations and reducing administrative burden in federally funded research in accordance with the 21st Century Cures Act. By not having established the Board, OMB is missing opportunities for the Board to provide information on the effects of regulations related to requirements for federally funded research, and to make recommendations to harmonize and streamline such requirements. Further, OMB has limited time to establish the Board and the Board may have insufficient time to complete its work before the Board is set to terminate on September 30, 2021. The 21st Century Cures Act requires OMB to establish an advisory committee, to be known as the Research Policy Board, that is responsible for making recommendations on modifying and harmonizing regulation of federally funded research to reduce administrative burden. The Board is to consist of both federal and non-federal members and include not more than 10 members from federal agencies, including officials from OMB, the Office of Science and Technology Policy (OSTP), HHS, the National Science Foundation, and other departments and agencies that support or regulate scientific research, as determined by the OMB Director. The 21st Century Cures Act includes a provision for GAO to conduct an independent evaluation of the Board’s activities. This report examines the steps OMB has taken to establish the Board as required by the 21st Century Cures Act. GAO reviewed written responses and other information from OMB, HHS, and OSTP; the 21st Century Cures Act and other laws related to the Board and its establishment; relevant reports on issues related to administrative burden; and related documents such as memoranda and agency guidance. GAO submitted a draft report containing the results of its evaluation to Congress on December 10, 2020. Congress should consider extending the period of authorization for the Research Policy Board, giving OMB additional time to establish the Research Policy Board and complete its statutory mission under the 21st Century Cures Act. GAO recommends that OMB establish the Research Policy Board as mandated by the 21st Century Cures Act and report to Congress on the Board’s activities. OMB did not agree or disagree with this recommendation. We maintain that the evidence in this report shows the need for our recommendation. For more information, contact John Neumann at (202) 512-6888 or neumannj@gao.gov.
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    Thirteen district courts around the country will livestream audio of select proceedings in civil cases of public interest next year as part of a two-year pilot program.
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