"Right 2 Know" & "Right 2 Exist": 11/1/09

COMPLAINT

For damages in violation of Title VI & VII (Civil Rights Act of 1964),18 U.S.C. § 1961–1968 (RICO Act), 18 U.S.C. § 241 (Conspiracy Against Rights), 18 U.S.C. § 242 (Deprivation of Rights Under Color of Law), 18 U.S.C. § 245 (Interference with Federally Protected Activities i.e. "enjoying employment"), Public Law 107-174 (No-FEAR Act of 2002), 5 U.S.C. Section § 2302 (b) ("Prohibited Personnel Practices"), 8(a)(1) & (3) (National Labor Relations Act- "Unfair Labor Practices"), 43 P.S. §§951-963 (Pennsylvania Human Relations Act), Defamation.

(1) The Tuskegee North Advocacy Group (TNAG) i.e. “Plaintiffs”, on behalf of the Citizens of the Delaware Valley (CDV), by pro se litigants, Mr. Emanuel A. Stanley (Co-Founder, TNAG), and Mr. Brian C. Robinson (Co-Founder, TNAG), Mrs. Diane Fleming-Myers (TNAG) and Mr. Ronald Bailey-Ford (TNAG), sues defendants, Centers for Disease Control and Prevention, National Center for HIV, STD and TB Prevention (hereafter referred to as "CDC”), City of Philadelphia Department of Public Health (hereafter referred to as "PDPH"), Public Health Management Corporation (hereafter referred to as "PHMC") and Planned Parenthood Southeastern Pennsylvania (hereafter referred to as "PPSP"), acting through its defendant employees, individually, jointly, and within the scope of their employment for these Governmental and Private entities (authorities) and as recipients of federal grant dollars. The defendant’s complicity and collaboration led to their corruption and conspiracy against the CDV. President John F. Kennedy stated; “Simple justice requires that public funds, to which all taxpayers of all races [colors, and national origins] contribute, not be spent in any fashion which encourages, entrenches, subsidizes or results in racial [color or national origin] discrimination.”

(1) The purpose of Tuskegee North Advocacy Group (TNAG) is to ensure access to credible Public Health Prevention and Wellness Services for unknowing, unsuspecting and unborn American(s), in accordance with U.S. Constitutional Law (Title VI, Civil Rights Act of 1964). TNAG’s mission is to protect the health (Right To Know) and ensuring the safety (Right To Exist), of the unknowing, unsuspecting and unborn from exposure to Preventable Sexually Transmitted Diseases (“STD”), through Credible Disease Control (CDC) http://www.TuskegeNorth.com. Additionally, TNAG, as a “Watchdog”, will ensure that the CDC adheres to their Mission: “to promote health and quality of life by preventing and controlling disease, injury and disability (2008)” and “early detection, intervention/prevention of disease transmission, disability and death (2003).”

JURISDICTION

1. This Court has jurisdiction over this action pursuant to Title VI & VII (Civil Rights Act of 1964),18 U.S.C. § 1961–1968 (RICO Act), 18 U.S.C. § 241 (Conspiracy Against Rights), 18 U.S.C. § 242 (Deprivation of Rights Under Color of Law), 18 U.S..C. § 245 (Interference with Federally Protected Activities i.e. "enjoying employment"), Public Law 107-174 (No-FEAR Act of 2002), 5 U.S.C. Section § 2302 (b) ("Prohibited Personnel Practices"), 8(a) (1) & (3) (National Labor Relations Act- "Unfair Labor Practices"), 43 P.S. §§951-963 (Pennsylvania Human Relations Act), Defamation.

2. Venue is proper in Federal District Court for The Eastern District of Pennsylvania, pursuant to the aforementioned laws and statutes. Whereas, most if not all unlawful acts and statutory violations committed by the CDC, PDPH, PPSP and PHMC that harmed and/ or injured the Plaintiff(s) and the Public in general (CDV), occurred in the City of Philadelphia and throughout the Delaware Valley.

PARTIES

TNAG i.e. Mr. Stanley (USA), Mr. Robinson (USN) and Mr. Bailey-Ford (USMC) are Honorably Discharged Veterans of the United States Armed Forces, while Mrs. Fleming-Myers earned a Master Degree in Human Services (MHS). These trustworthy and highly motivated Disease Intervention Specialist ("DIS") were hindered their Right To Enjoy Employment by barriers intentionally created by the defendants that delayed and/or denied Intervention / Prevention Services to the CDV between 2003-2009; until the time of the Plaintiffs illegal “TORTUROUS” separation from service while employed by the defendants and in retaliation to the Plaintiffs challenging the defendants failed Disease Control Policies i.e. (2) “The Selective Enforcement of Disease Control and the (3) Intentional Abandonment of Care for monetary gain” related to the defendants willful violations of the aforementioned jurisdictional laws and statutes, connected and associated to the Plaintiffs questioning the efficacy of the defendants FAILED Disease Control / Public Health Policies throughout the Delaware Valley.

(2) The Selective Enforcement of Disease Control is a inconspicuous Public Health Policy, designed to covertly ignore the most fatal and harmful Sexually Transmitted Diseases ("STD"), in total disregard for the health, safety and wellbeing of the CDV, whom are denied their “Right to Know” (not informed or notified of Disease Exposure) or “Right to Exist” (denied adequate services and/ or treatment from disease exposure), in a timely fashion and in accordance to established Public Health Laws.

(3) The Intentional Abandonment of Care is a willful occurrence and or perpetual reoccurrence of Disease Control Policies that shift resources and manpower from high priority Disease Control Measures- via the Selective Enforcement of Disease Control to deliberately create conditions for the sustained transmission of STD's- to the lowest priority in the Hierarchy of Disease Control. This disingenuous practice fuels disease epidemics and outbreaks throughout the Delaware Valley.

The CDC, PDPH, PHMC and PPSP’s complicity and collaboration resulted in the unremitting spread of STD at the expense of the CDV. The defendants intentionally disregarded the 4 “Hierarchy of Disease Control”, in spite of the fact each had been allocated federal grant dollars earmarked for “Syphilis Elimination”. The defendants intentionally misdirected disease control priorities for monetary gain and personal acclaim, while failing to implement credible disease control and prevention procedures (Enhanced Surveillance) as recipients of Federal Syphilis Elimination Funding. The defendant’s fiscal mismanagement (corruption) of said tax dollars (awarded to the PDPH, PPSP, PHMC via CDC), and failure to promote aggressive partner notification policies and procedures, clearly illustrates the level and degree of negligence (conspiracy) in which CDV (taxpayer dollars) had not been protected from-the most deadly STD's, HIV/ AIDS and Infectious Syphilis.

(4) The Non-Adherence to the Hierarchy of Disease Control constitutes a Public Health Policy that sanctions the practice of “Deliberate Indifference”, irrespective of Federal Laws which forbid the use of Federal Tax Dollars (allocated to implement credible Disease Intervention and Prevention Control methods), in accordance to the Hierarchy of Disease Control i.e. any Pregnant Female diagnosed with a communicable disease, contacts, suspects and or associates epidemiologically linked to a Pregnant Female, HIV/AIDS newly diagnosed person, contacts, suspects and or associates epidemiologically linked to a HIV/AIDS, Primary and Secondary Syphilis newly diagnosed person, contacts, suspects and or associates epidemiologically linked to Primary and Secondary Syphilis, Early Latent Syphilis diagnosed persons and contacts, suspects and or associates epidemiologically linked to Early Latent Syphilis, any Female with Signs and Symptoms suggestive of Pelvic Inflammatory Disease (PID), contacts, suspects and or associates epidemiologically linked to Females diagnosed with Pelvic Inflammatory Disease, Gonorrhea newly diagnosed persons, contacts, suspects and or associates epidemiologically linked to Gonorrhea diagnosed persons, Chlamydia newly diagnosed person, contacts, suspects and or associates epidemiologically linked to Chlamydia diagnosed person.

Moreover, the defendants collaborated before, during and after the Plaintiff Stanley, Fleming-Myers and Bailey-Ford’s (Contractual DIS) uncompromising pursuit to unionize for protection against an ever increasingly hostile and toxic working environment purposely created by the defendants that exploited DIS like “Hebrew Slaves” building PDPH's pyramid (scheme) called the "High School Screening Program" ("HSSP").

Additionally, they felt their employment contract was systematically structured and engineered to deny them their protected "rights to due process" when grievance issues and other employee concerns arose. Furthermore, the Plaintiffs wanted to pursue proper representation via the City of Philadelphia's white collar labor union in solidarity that the defendants (employer) would recognize and respect the fact that there is no such place called "employee purgatory". The defendants intentionally created the "dual employment" issue which made it difficult for contractual DIS to pursue clarification pertaining to their ambiguous employment contract that had been situated between each entity (defendant). Similar to the events leading up to the (CDC) defendants illegal separation of Robinson from service in 2004, Stanley, Fleming-Myers and Bailey-Ford sought to unionize, soon thereafter, while simultaneously speaking out against workplace intimidation, threats and harassment as a result of the overwhelming demands and pressures created by the defendants during the HSSP. The defendants failed disease control policies mandated all DIS to pass over higher priority (Infectious Syphilis and HIV) field investigations and case management, irrespective of The Hierarchy of Disease Control, as taught and enforced by CDC. Plaintiff Stanley, Fleming-Myers and Bailey-Ford filed legitimate charges related to condoned discrimination (defendants practices and patterns) with regulatory bodies, EEO/EEOC (Robinson’s 2004 EEO complaint lacked any investigative integrity and had been compromised by CDC defendants) and Pennsylvania Human Relations Commission (“PHRC").

4. CDV plaintiffs are citizen(s) who were exposed to and/or contracted STD’s, while being denied proper notification (severe “lag time” between being informed and/ or treated in a timely fashion / manner), as a result of the defendants gross negligence and criminal incompetence (Deliberate Indifference) i.e. failed public health disease control policies and procedures that today still negatively impact the sexual or reproductive health outcomes of ethnic minorities from resource poor communities and gay men from both affluent and non affluent communities, as a direct consequence to the defendant's blatant infringement on the CDV "Right to Know" and "Right to Exist". Notwithstanding, the defendants failed to adhere to the "Mission of CDC."

5. The CDC is the premier Public Health authority and federal government agency charged with, inter alia, controlling the spread of STD's. CDC is the sole source proprietor of federal tax dollars for Public allocation, training and resources for all local, state and federal disease control and prevention programs. A Public Health authority is broadly defined as including agencies or authorities of the United States, States, territories, Political subdivision of States or Territories, American Indian Tribes, or an individual or entity (i.e. PDPH,PHMC and PPSP) acting under a grant of authority from such agencies that are responsible for Public health matters as part of an official mandate. NCHSTP personnel control the purse strings of the CDC who in turn act as the hand that feeds PDPH, PHMC and PPSP; and the “tradeoff” is these three entities allowing CDC managers to have total autonomy to hire, fire, control, discipline, supervise, manage and mistreat both Contractual and Federal DIS with impunity. When the contract DIS decided to unionize against this entrenched bureaucratic tyranny, PPSP and PDPH backed off and allowed CDC managers to conduct union busting actions against these protected activities, because they were too scared and dared not to bite the hand that feeds them with a major source of federal funds.

6. Defendant, PDPH, is the local government agency charged with controlling the spread of STD's within Philadelphia city limits. They oversee all local disease control and prevention efforts and act as a "host" to CDC federal personnel (visitors) who exclusively utilize PDPH's facilities to co-manage the STD Control Program which includes the Disease Surveillance Unit. Additionally, most of the PDPH's funding is secured by former and current CDC managers who write the grants for these allocations on their behalf. These funding sources include: The Ryan White Program (the largest HIV-specific federal grant program in the United States whose funds are dispersed via the AIDS Activities Coordinating Office (AACO) which is managed by the Division of Disease Control Director, Dr. Caroline Johnson, who also co-manages the STD Control Program with CDC personnel); the Syphilis Elimination Project; and the HSSP for gonorrhea and chlamydia which is funded by a CDC grant costing about a million tax dollars per year. AACO is one of the largest HIV/AIDS prevention organizations in the country; many major city’s AIDS operations and infrastructures are pale in comparison to AACO and their forty million plus yearly budget (with access to additional resources and manpower from the PDPH) which would lead CDV to believe that the PDPH has an effective handle on controlling the spread of this deadly disease? Until recent accountability and oversight measures were enforced (forced as a result of the Plaintiffs public scrutiny) upon the PDPH’s STD Control Program to comply with reporting accurate, timely and complete surveillance data, they were an entity within itself that snubbed Pennsylvania’s National Electronic Disease Surveillance System (PA-NEDSS) for years; due in part to CDC federal manager’s arrogance and unwillingness to be regulated by the State health department in Harrisburg. When discrimination complaints were filed against the PDPH with the EEOC and PHRC, they adamantly claimed that the contract DIS were not their employees.

7. Defendant, PHMC, has been designated a Public Health Institute (PHI) and has expanded its services and programs throughout the Delaware Valley and across the nation. Currently, PHMC has a vendor contract with the PDPH to provide DIS services to the citizens of Philadelphia. This particular vendor contract was obtained by PHMC on February 1, 2009 upon PPSP declining to renew it after receiving millions of taxpayer dollars over a 20 year span while it was in effect. PHMC also receives hundreds of thousands of tax dollars to provide Chlamydia Facilitator positions for the PDPH's HSSP and the STD Program Consultant position which is occupied by the former federal Program Manager, Martin Goldberg, who still writes these federal grants for funding on behalf of the PDPH, and now PHMC, despite being forced to retire in January 2007. When an "unfair labor practices" complaint was filed against them with the National Labor Relations Board ("NLRB"), referencing the major conflict of interest and influence that Mr. Goldberg had on PHMC's hiring decisions when the DIS vendor contract was switched from PPSP to PHMC, they played "dumb" as if this appearance of impropriety didn't have nothing to do with them not hiring the three main DIS union organizers (Plaintiffs).

8. Defendant, PPSP, fleeced American taxpayers for over 20 years by collecting a gluttonous administrative fee and fringe benefits of 35% on a DIS vendor contract worth close to one million the last couple of years it was in effect.

This could be equated to stealing since PPSP- who became notorious for their “hands off” managerial approach and acted as is if they were solely a check cashing agency cashing in on free tax dollars and not giving any returns or dividends to the CDV taxpayers who invested in them- claimed to only be a fiduciary agent (or a high-priced temp agency) that provided the contract DIS with payroll and benefits; and chose to give CDC and PDPH managers carte blanche to do as they please to the DIS and not bite the hand that feeds them. However, in many instances, they wanted to have it both ways by using PPSP policies and guidelines to help CDC managers harshly discipline the DIS, especially the ones who were the main union organizers and dissenters (Plaintiffs). When discrimination complaints were filed against PPSP with the EEOC and Pennsylvania Human Relations Commission ("PHRC"), they also adamantly denied that the contract DIS were their employees just like the PDPH claimed. In a letter sent by the EEOC on July 31, 2009, it stated that because PPSP made their case that Mr. Stanley was not employed by them, a “right to sue” letter was issued based on the EEOC’s so called findings that there was “no employer/employee relationship” between Mr. Stanley and PPSP. It took the EEOC from January 28, 2008 until July 31, 2009 (a year and a half) to come up with their decision, when it should have taken far less time than that to investigate (or figure out) that Mr. Stanley was not PPSP’s employee. This EEOC charge was for “circumstances of alleged discrimination” based on retaliation by PPSP when they disciplined Mr. Stanley via two PPSP policies, “Workplace Violence Prevention” and “Workplace Security”. The EEOC failed in their due diligence to thoroughly investigate the facts presented and the merits of Mr. Stanley’s case, but instead sought a quick disposition of the complaint and forsook their integrity as a neutral/impartial investigative authority. On June 15, 2007, in a meeting with Anthony Gerard and Barbara Wills-Hooks (both CDC federal assignees/managers working in the STD Control Program), they counseled and disciplined Mr. Stanley with these PPSP policies after informing him that a “credible source” reported that Mr. Stanley was in the process of obtaining a license to carry a firearm. The defendants further stated that they were informed that Mr. Stanley was planning to bring this firearm into the workplace. Mr. Stanley refuted, “This individual who is supposedly a ‘credible source’ is a lying sack of crap and this is nothing less than an attempt to discredit and assassinate my character with these fabrications.” Here are the rest of the statements on record at the EEOC that Mr. Stanley presented during the initial intake of his complaint which was docketed on January 28, 2008:

a) “Anthony Gerard handed me two documents from Planned Parenthood (PP) entitled “522 Workplace Violence Prevention” and “525 Workplace Security.” He then stated this is an official counseling session and attempted to read aloud this document, but I stopped him and stated that I can read and understand it on my own without his help. After reading, I wondered in my mind why was Planned Parenthood’s (private) policy being implemented instead of the city health department’s (local), since I perform services for the city and work in their building? Or better yet, why wasn’t there a CDC protocol (federal) in place to address this serious issue because, after all, Planned Parenthood (who is only a fiduciary agent) personnel wouldn’t be in danger or a target, since contract DIS have very little dealings and contact with them except for pay checks and benefits. And if they feel that I, or anyone else for that matter, am about to “go postal”, measures should be in place to protect them from the threats of being a potential target because they manage day to day activities. The only reason why they are applying Planned Parenthood’s policies is, because, it is easier and more convenient to terminate an employee (via no due process) since PP falls under private sector laws that include the “At Will” termination provisions of the Commonwealth of Pennsylvania.

b) It is a shame that CDC federal management, in conjunction with health department and PP officials, are resorting to attempts at discrediting and assassinating my character by conjuring up these unsubstantiated fabrications. Their efforts in painting this disturbing picture of me, as some stereotypical gun-toting-African-American-male-thug from the inner city, has become malicious and personal in nature. I have never been a violent person and would never resort to violence and threaten fellow workers at the place where I am employed to financially support my family- it’s insidious to even make these unfounded claims knowing my past track record as a peaceful non-violent person! I am certain that their retaliatory acts are nothing more than attempts at tortuous discharge, forced resignation, intimidation and harassment as a direct result of my union activities and filing a complaint with the Pennsylvania Human Relations Commission (PHRC) and the U.S. Equal Employment Opportunity Commission (EEOC). It is no secret, based on PP’s past history, that any attempts to unionize were met with persistent and hostile opposition thus the reason why no union has been successful in organizing any element of personnel within PP’s organizational infrastructure. At the meeting with Melinda Salmon, Barbara Wills-Hooks and Anthony Gerard on June 12th(when I was issued a “Written Warning” for breaking the chain of command), the above allegations were not presented; unless, federal management was still in the process of investigating and substantiating the claims made by the accusing party. In recalling an informal conversation with my immediate federal supervisor (Anthony Gerard), after this meeting, he stated that Mrs. Salmon asked him, “Have you or anyone that you know of heard if Andre was talking about getting a license to carry a gun?” He responded with a simple “no” answer.

c) The irony and timing of this “Workplace Violence Prevention” counseling coincides with the fact that on June 12th, Mrs. Salmon spoke with Mary Banecker (Senior Vice President of PP) about this serious issue (Please refer to the attached internal email from Mrs. Banecker to Mrs. Salmon entitled, “Subject: Stanley” which Mrs. Salmon also forwarded a copy to Mrs. Wills-Hooks). On June 12th, DIS staff were also in attendance at our monthly “Chalk Talk” meeting where a heated discussion, between two DIS, broke out in front of federal management concerning unionization and grievance issues. After a few minutes of intense confrontation, I had seen and heard enough then stood up and shouted, “Let’s shut it down”, to Mrs. Salmon’s displeasure. I then stated to the two bickering DIS that we can discuss this situation someplace else away from federal management’s ears. I wasn’t about to allow Mrs. Salmon to instigate union busting tactics by continuing to divide and conquer half the DIS staff with the female contract DIS who are her favorites (Please refer to attached supporting documentation from my sex discrimination complaint, Emanuel Stanley v City of Philadelphia Department of Health, which should give an accurate portrayal of what I mean by “her favorites”).

After this melee subsided, I proceeded to hand all federal management (6 were present) and one contract supervisor, Marlene Lewis (who just recently applied for an open federal position in Philadelphia with the CDC), a copy of the “Know Your Rights” document from the National Labor Relations Act (NRLA). Mrs. Salmon looked livid (which was reported later by several people that she was so emotionally upset after the meeting she went to Dr. Johnson’s office and shed some tears) and Mrs. Lewis seemed to be equally disturbed after receiving this document.

d) Thus, I am convinced (since Mrs. Lewis was the supervisor who claimed that a DIS came to her with the “license to carry a gun” allegations; please refer to internal email from Mrs. Banecker to Mrs. Salmon) that Mrs. Lewis concocted this fabrication for “brownie points’ and to show her loyalty to federal management since she needs their work references and support to have a mere chance at obtaining the federal position she applied for. In August of 2005, Mrs. Lewis was my immediate supervisor who failed to take any actions when I showed her my documented notes from the interrogation meeting I had with Mrs. Salmon and the Program Manager, Martin Goldberg, who falsely accused me of writing an anonymous letter of allegations against them and then tried to force my resignation. They used her as a set-up decoy (to lure me) by directing her to tell me that the meeting was to address the complaints I lodged against Mrs. Wills-Hooks way back in 2003. Of course, when I arrived to the room where the interrogation session was to be held, Mrs. Lewis was nowhere to be found plus the meeting was never documented by federal management for the record. About two weeks later, I left the job after applying for FMLA leave because of the undue work-related stress from federal management’s subsequent attempts to union bust, retaliate, harass, threaten and intimidate me, willfully, by creating a hostile working environment.

e) (Please refer to the attached documents entitled, “Notes, Comments and Concerns from a Meeting with Martin Goldberg and Melinda Salmon on August 5, 2005”, “Statements from Recent Incidents Concerning Martin Goldberg’s Misconduct and Criminal Intents” dated on August 14, 2005 and “Incident on 1/30” dated on 1/31/03).

Mrs. Lewis seems to be trying to shore up her position with Mrs. Salmon by exploiting the clearly present antagonism between federal management and myself. However, the major inconsistency in this fabricated story is that I work at Health Center #1 in South Philadelphia while Mrs. Lewis supervises contract DIS at Health Center #5 in North Philadelphia. I truly believe that having Mrs. Lewis conjure up a tale like this, at this present time, is federal management’s plot to justify denying my request to be transferred to Health #5, since the DIS that made these allegations is deployed there.

I seldom have any interactions, personal or work-related, with any of her subordinates from Health Center #5 except Diane Fleming-Myers. I hardly ever speak with the other three DIS assigned there. Mrs. Salmon, in cooperation with Mary Banecker, Dr. Caroline Johnson and Barbara Wills-Hooks, is fiercely attempting to apply the same patterns and practices of tortuous discharge and workplace harassment that was taught to her by Mr. Goldberg. He effectively used these tactics against Brian C. Robinson and Alphonso Mebane (both former federal assignees in Philadelphia; Mr. Robinson was wrongfully terminated and is still seeking justice while Mr. Mebane settled out of court and was reinstated after filing a discrimination case against Mr. Goldberg and the CDC). Mrs. Salmon and Mrs. Banecker’s statements in the internal email (attached) pertaining to “documentation” are eerily similar to her mentor, Mr. Goldberg, when he sternly told Brian C. Robinson upon his arrival in Philadelphia, “If you don’t work out, we’ll document and get rid of you!” Once again, Mrs. Salmon is following in Mr. Goldberg’s footsteps by methodically using her federally assigned subordinates, Barbara Wills-Hooks and Anthony Gerard, to do her “dirty work”. She doesn’t want to give off an appearance that she’s puppet-mastering or orchestrating these malicious acts and directives from behind the scenes. Furthermore, Mr. Goldberg (acting as a de facto Program Manager) is still the person behind the scenes “pulling Mrs. Salmon’s strings”.”

9. Mr. Stanley’s claims of retaliation and defamation of character were further substantiated (with full knowledge that it is not wise for an employer to disclose gossip, rumors, or subjective opinions about an employee to other employees that are not based on factual evidence) when he submitted to the EEOC a correspondence requesting a preliminary hearing with the PHRC (PHRC Case No. 200700818; EEOC Charge No. 17FA201447) dated June 30, 2009:

a) “Dear Mrs. White-Davis, First of all, I would like to thank you and the Commission for allowing me to submit a "Request for a Preliminary Hearing" in reference to the above charge. Unfortunately, the Respondent’s Motion to Dismiss and the Commission’s Final Order to grant this Motion to Dismiss only adds to the ambiguity pertaining to exactly “Who is it” that I am "lawfully" employed by?

b) In Planned Parenthood’s (PPSP) declaration to the EEOC (Charge No. 530-2007-03169) and their subsequent response to this PHRC complaint dated "June 23, 2008", ten unequivocal statements were submitted by PPSP’s Senior Vice President, Mary Banecker, establishing that I am not an employee of PPSP, but I am employed by the City of Philadelphia. (Attachment 1) Apparently, these two entities are refusing to admit any responsibility or obligations for the employment contract of Disease Intervention Specialist (DIS) who perform public health functions on behalf of the citizens of the City of Philadelphia, while PPSP acts in the role as a fiduciary contract agent (Attachment 2, Original Contract Documents). Consequently, it has become progressively easier for these particular entities to proverbially "pass the buck" rather than assume responsibility in effectively addressing these labor related issues. Due to contractual ambiguities, the DIS have filed a petition, seeking relief, with the Pennsylvania Labor Relations Board (PLRB) in which a hearing is scheduled on September 22, 2008 to determine if we are eligible for membership with the city’s District Council 47 (D.C. 47) white-collar labor union. Hopefully, the PLRB will be instrumental in helping the DIS in our quest for proper representation and an employer who will recognize and respect the fact that there is no such place called "employee purgatory". One of the reasons why we are unionizing is because we feel, unanimously, that our employment contract has been systematically structured and engineered to deny us our protected “rights to due process” when grievance issues and other employee concerns arise (Attachment 3, Grievance List). Furthermore, the DIS’ dilemma is even more complicated, because we are autonomously managed by federal employees from the Centers for Disease Control and Prevention (CDC) who appropriate federal funding to PPSP and the City of Philadelphia Department of Public Health which has become a major conflict of interest. On behalf of the DIS, one of the arguments that D.C. 47 attorneys will present in front of the PLRB is the issue of “dual employment”; another is what quality assurance measures- via proper representation and recourse of action- are in place, or can be negotiated, to address an escalation of DIS grievance issues?

c) On June 11, 2008, I filed an amended complaint with the PHRC against the City of Philadelphia Department of Public Health and PPSP due to their obvious complicity in allowing federal managers to harass, intimidate and retaliate against me while I was out of work due to a serious automobile accident.

Because the City of Philadelphia and PPSP managers have not made reasonable attempts to intervene (by at least initiating "conflict resolution" measures) and prevent the continuation of these incidents, their lack of involvement in not holding federal managers accountable for their discriminatory actions equates to aiding and abetting. For example, if someone is in a car with robbery suspects, before and after this criminal act occurs, they will still be arrested and charged as an accomplice even though they were not the actual person(s) who committed the crime. Negligent acts of omission, when a particular entity has the oversight power to rectify and remedy unlawful acts and/or behavior, are just as detrimental as acts of commission.

d) When a municipal or state governmental entity fails to uphold checks and balances as a "host" over a federal government entity who are "guests", but have been given total autonomy to do as they please with impunity, then Commonwealth of Pennsylvania taxpaying citizens can be subjected to and held hostage to these "outsiders" practices and patterns of discriminatory behavior. It is just not enough for the City of Philadelphia and PPSP to declare that DIS are "not our employees", though DIS use and perform their duties in our facilities and wear our identification badges while conducting city business. And it is just not enough to declare that because federal government employees are "not employed" by the City or PPSP, but just so happen to conduct their business in our facilities and use City and PPSP letterheads to disseminate information, that we are "not" responsible for addressing their discriminatory behavior when it comes to light.

Basically, the point that I am conveying is that the "City" and "PPSP" managers were pulled over and caught riding in the same vehicle with "CDC" managers and are now trying to exonerate themselves, via legal technicalities, from having any responsibility and/or connections to the perpetrators. In my subsequently filed complaint for retaliation and harassment, one of the particulars referenced an incident where I was counseled, via a PPSP policy, because of hearsay/gossip that I was "in the process of obtaining a license to carry a firearm" and "was going to bring a firearm into the workplace." This accusation/allegation was never fully and impartially investigated with due diligence to substantiate its validity which led me to leave my job, under extremely hostile working conditions and undue stress, for three months. It was very distressing to have fellow co-workers walk up to me and say, "I heard you were packing!" With numerous news accounts of workplace violence increasing around this nation coupled with Philadelphia's high rates of gun violence, this type of serious allegation can create paranoia, high anxiety and uncertainty within an employee's mind and emotions about their safety and security in the work environment.

e) Before I departed, I was able to obtain- unbeknownst to PPSP, City of Philadelphia and CDC managers (Mary Banecker, Melinda Salmon, Barbara Wills-Hooks, Betty Nixon, Joann Kalisz, Dr. Caroline Johnson)- an email titled “Subject: Stanley ” (Attachment 4) which details how all three entities (federal, city, private) participated in this malicious and slanderous act which equates to character assassination. The reason why I’m employing these stringent words is because I was a dedicated volunteer with the Philadelphia Anti-Drug/Anti-Violence Network (PAAN) as a youth mentor and conflict-resolution coach. If any of my colleagues in the city’s anti-violence/gun community were to find out about this incident, it would irreparably damage my reputation and credibility with them. Currently, as a spoken word artist, several poems that I perform in schools, community centers and churches address the issue of gun violence and its effects, nationally, on inner city, urban neighborhoods. For this obvious reason, it is crucial for me to have this libelous incident expunged from my employee file or personnel records and my name cleared.

f) Another particular referenced in this charge was the incident where CDC and City of Philadelphia managers (Melinda Salmon, Barbara Wills-Hooks, Anthony Gerard, Dr. Caroline Johnson) threatened then aggressively attempted to terminate my employment, by applying forceful duress, due to my initial questioning and reluctance in signing a city "Media Policy" document within their pressured timeframe. I believe that I was targeted because of my advocacy work on behalf of minorities infected with HIV/AIDS. Recently, I was retained to do some consultant work for Hollywood actor, producer and director Bill Duke's movie, "COVER", which dealt with men on the DL (Down Low) or secretly bisexual. I also appeared on renowned and television pioneer, Trudy Hayne's show called "Philly What's Up" and "From East to West" discussing issues associated with HIV/AIDS and the history of STD's. A few of my writings about these subjects have been published in local newspapers and on the internet. Additionally, I am a volunteer for a national faith-based entity called the Carlton Entertainment Ministry where I perform a spoken word piece about HIV/AIDS entitled, "The Monster". Because I am one of the main DIS union organizers who has access to the media, I believe their efforts were an attempt to suppress the voices of dissension amongst rank and file, and prevent information about our unionizing plight from potentially reaching news media outlets. Based on these two particulars, how were CDC and PPSP managers able to issue me a "Violence Prevention" and "Workplace Security" counseling (which is retained in my personnel records) according to PPSP's policies and guidelines, if PPSP now claims that I am not employed by them; and how were CDC and City of Philadelphia Department of Public Health managers able to attempt to terminate my employment, because I raised valid questions about DIS signing the city's "Media Policy", if the City of Philadelphia now claims that I am not employed by them?

g) Due to a lack of constructive engagement (pertaining to the technical language of the DIS' still undisclosed employment contract), the pertinent issues of organizational dynamics, labor law compliance, accountability and evidence-based leadership (exactly who is the DIS' employer and what qualifies that employer to be an effective leader/manager that employees can trust) remains unresolved- thus allowing the above patterns and practices of discriminatory behavior to persist.

Due to the fact that I am in no position or have any legal authority to determine the onus of clarification pertaining to my employment contract- which is situated between three entities, I respectfully request that the Commission reconsiders their ruling and pursue the particulars alleged in this complaint.”

10.The defendants put their final stamp of approval on labeling Mr. Stanley as a possible “going postal” candidate during their wrongful termination plot that ended his employment when the DIS vendor contract was switched from PPSP to PHMC. During this particular incident, all of these entities collaborated by adding Mrs. Diane Fleming-Myers and Mr. Ronald Bailey-Ford (Plaintiffs) into defendant's conspiracy against rights and defamation thus characterizing them as potentially violent people.

11. In an email, dated 01/26/09, from defendant Melinda Salmon (CDC), titled “Schedule for the rest of the week”, she gave the DIS who weren’t going to be re-hired with PHMC their “last rites” which became the only “official” letter/ document of discharge or termination that Mr. Stanley, Mrs. Fleming-Myers and Mr. Bailey-Ford would receive from these “ghost employers”:

a) "Here is the information from our meeting today regarding the anticipated schedule of events for the rest of the week: On Thursday, January 29 at 9am, there is a mandatory training for all Planned Parenthood staff. This training will cover the Orasure technology for doing field-testing for HIV. This training will take approximately 2 hours. Following the training, all Planned Parenthood staff should return to their office area and begin to remove all of their personal belongings from their desks. All personal items should be taken when you leave for the day on Thursday. There will be boxes available for you to use. It may be a good idea to begin removing your personal belongings today, especially if you have many personal items. Because of confidentiality issues, it is important that you follow these procedures prior to your departure on Thursday. All cases, pouches, 2936s and any other work-related documents must be turned into your supervisor. Supervisors should run all the appropriate reports to ensure that they have received the cases and 2936s from their staff.

All other documents containing patient information must also be turned over to your supervisor-- this includes interview notes, 2936s, PMDs, medical records and any other items. In addition, staff should not email or download any patient data. To remove these items from the premises in any way is a violation of confidentiality and the failure to follow a supervisory directive. After Cherie has collected the items from her team, she will turn them in to Tony. You must turn in your Planned Parenthood ID and your City ID to your supervisor. If you have any other Ids that you have obtained in order to do your job (prison Ids, etc) you must also turn these in. Parking placards must also be turned in. Also, if you have any keys (to your desk or to any rooms in the building) you should turn these in as well.

b) All Planned Parenthood staff should exit Health Center #1 or Health Center #5 by 3pm on Thursday, January 29. Sometime between 3pm on Thursday, January 29th and 5pm on Friday January 30th, you will receive a call from Myra Woll at PHMC. At this time you will be notified as to whether you have been selected for one of the vacancies. You will also be notified of your work schedule for Monday, February 2nd. If you are not selected for one of the positions, you must understand that you may no longer enter any areas of any of the Health Centers unless you are seeking medical care.

To do so would be a violation of confidentiality. If you (Plaintiffs) find that you need to retrieve something from your former work area (As in the cases previously filed in federal court by Mr. Alphonso Mebane and Plaintiff Robinson, this statement clearly shows the intent of the defendants to torturously discharge i.e. ordering the “Code Red” to remove the Plaintiffs), please contact the Field Operations Manager for assistance.”

As a direct result of these unfortunate and continued incidents of defamation that culminated into an unlawful termination, Plaintiff(s) Robinson, Stanley, Fleming-Myers and Bailey-Ford have been “blackballed” or “blacklisted” from participating in the DIS profession, where their passion was undeniable, because the defendants have a monopoly on these type of public health positions (and who gets them) in the Delaware Valley.

FACTS

12. In a translation of Epidemics, Hippocrates, considered to be the father of modern medicine states: “Declare the past, diagnose the present, foretell the future; practice these acts. As to disease, make a habit of two things- to help, or at least TO DO NO HARM.” The incidences of STD’s (HIV and syphilis) have reached epidemic proportions nationwide, due in part to the “Selective Enforcement of Disease Control” and the “Intentional Abandonment of Care” in most urban areas, particularly in major U.S. cities like Philadelphia, Pennsylvania. This exponentially driven epidemic will eventually pose a serious health threat and will become a menace to all populations: urban, suburban and rural alike. Misappropriation of funds and misdirection of funds by the CDC or local and state public health programs is seriously detrimental to efforts to control or stop the spread of STD’s. Instead of re-allocating crucial funds to HIV/AIDS partner notification and syphilis reduction, the PDPH and CDC have earmarked a large percentage of available funding, resources and manpower to the HSSP which has resulted in substantial cash bonuses for the defendants (on the taxpayer’s dime) and national recognition/acclaim but little to no effect on the reduction of HIV and syphilis that has become the main threat to the CDV.

13. The channeling of federal tax dollars to these non-priority programs bringing no results in reducing syphilis and HIV infections but big bonuses for CDC, PDPH and now PHMC managers and contractual consultants, again, caused the lack of treatment and intervention / prevention measures for syphilis and HIV patients and their partners, diminished access to care and eventual disabilities to infants whose mothers were infected. Martin Goldberg, PHMC’s STD Control Program Consultant, still holds the master key (along with his protégé, Program Manager, Melinda Salmon) that channels these federal funds through the doors of PDPH, PHMC and the Family Planning Council (the proverbial “Fox guarding the hen house!”)

14. In October of 2008, the Philadelphia Inquirer published a story titled “High rate of HIV cases is a ‘wake up’ call for Phila.” In this article, they reported that Philadelphia’s HIV/AIDS rates are five times greater than the national average and two times worse than New York City. Unlike the national averages which are almost exactly reversed, heterosexual Philadelphians represent 55% of new infections compared to 32% for the MSM population. With the advent of new HIV infection rates trending towards the age demographic of 13-29, it is imperative that syphilis infections are aggressively controlled and elimination efforts sustained. Since individuals who contract syphilis are five times more vulnerable to contract HIV (which in turn can potentially create a negative cross-pollination effect), disease intervention via partner notification and other control measures is extremely paramount in preventing the transmission of dual infections. Between 2007- 2008, approximately sixteen pregnant females delivered babies with congenital syphilis. Pregnant women who are exposed to any STD disease should always be considered the highest of all disease control priorities.

15. ““It's a wake-up call that we've got to do better," said John Cella, the city's top AIDS official.”” Former AACO Director, John Cella, made this statement in the same article published in the Philadelphia Inquirer. Mr. Cella was correct in his assessment because he once directed this PDPH entity and as stated earlier, there is no excuse for HIV/AIDS to be this rampant when such a major bureaucracy like AACO exists to prevent harm from coming to CDV by a deadly infection such as HIV. After Mr. Cella’s quote, the news story continued with the issue adding some statistics: “Although AIDS first took root in gay communities, it soon moved on to users of injected drugs. Now, more than half of new infections in Philadelphia are passed through heterosexual contact, a third are the result of men having sex with men, and just 13 percent arise from drug addicts sharing dirty needles, the new federal analysis shows."The HIV epidemic is caused by poverty and despair," said Jane Shull, executive director of Philadelphia FIGHT, an AIDS service group. An estimated 1,400 Philadelphians are newly infected each year - on top of the more than 16,000 who are living with HIV or AIDS - and those who do not realize they have been infected are believed responsible for an outsized portion of new cases. So public-health workers are testing far more people in far more places, trying to get past cultural barriers that contribute to strikingly high numbers of infections among African American men and fast-increasing rates among black and Hispanic women.

Nationwide, rates of HIV, the virus that causes AIDS, are highest in black communities. Philadelphia has the second-highest percentage of black residents of the 10 most populous cities - 43.2 percent, according to the 2000 census. Overall, experts said, the local picture is of a disease that is transmitted largely by people who do not think of themselves as being at high risk and have not until recently been primary targets for prevention efforts… There is no question in my mind that we are seeing a younger population of African American kids with the virus," said Karam Mounzer, medical director of the Jonathan Lax Center, the biggest HIV clinic in the city. "We are also seeing more young African American females." Another recent pattern, he said, is high numbers of black HIV patients with syphilis. They are far more likely to acquire and transmit HIV and also will get sicker faster. A CDC analysis last month emphasized the wide disparities in HIV by race, especially for women. Rates for Hispanic women nationally are four times those of white women. Rates for black women are 15 times those of white women.”

16. When Michel Martin of NPR asked Presidential Candidate, Hillary Rodham Clinton (who currently holds the position of Secretary of State in the Obama Administration), how would she plan to protect young people from HIV/AIDS, she stated, “You know, it is hard to disagree with anything that has been said, but let me just put this in perspective. If HIV/AIDS were the leading cause of death of white women between the ages of twenty-five and thirty- four, there would be an outraged outcry in this country!”

17. The Women’s Way organization, in their 2008 Update titled, “A Change of Pace: Accelerating Women’s Progress”, reported that “AIDS cases among women in Pennsylvania and Philadelphia are rising dramatically. 1 in 4 Philadelphians with HIV/AIDS is a woman, but one-third of all newly diagnosed HIV/AIDS cases occurred among women in 2006, compared with one-fourth of newly diagnosed cases nationwide. Black women are disproportionately affected by AIDS, accounting for 72% of new AIDS diagnoses among women in Philadelphia, compared with 61% of all cases among women nationwide.”

18. The National Minority Quality Forum in their 2009 “Mapping the Epidemic: HIV/AIDS Atlas” distinguished Philadelphia County as the only county in Pennsylvania that made their “High Prevalence Counties” list which includes other counties nationwide.

COUNT I

In Violation of Title VI, Civil Rights Act of 1964, (CDV’s Right To Know & Right To Exist)

Plaintiffs “TNAG” and CDV sues defendants CDC, PDPH, PHMC and PPSP for their complicity, collaboration and corruption which led to conspiring to and willful violations of Title VI, Civil Rights Act of 1964, (CDV’s “Right To Know” and Right To Exist). In support of these claims, Plaintiffs repeat, re-allege and incorporate by reference herein all of the factual evidence, supporting documentation and inclusive statements of the aforementioned count to substantiate their charges:

19. In 2002, the charade known as the HSSP was unveiled. Eerily similar to the 1930’s when the United States Public Health Officials for over three decades purposely mislead the American Public while conducting the secret genetically fatal experiment known as The Tuskegee Syphilis Study. The question remains unclear as to the true intention and nature of this horrific crime against humanity. One may speculate and draw strong comparisons as to the current state of communicable diseases in the CDV today, as it relates to those disproportionately infected with HIV / AIDS demographically. Others may question the validity of post Jim Crow legislation, in terms of Planned Parenthood Eugenics Idealistic Values and Policies that remain alive and well in the sacred Halls of our United States Congress. The PDPH is managed by the Federal Government and tax dollars are filtered to its program under the auspices of PPSP (before) / PHMC (after) and is a prime example of the defendant’s fraudulent and ambiguous Public Health practices that has been condoned by CDC. The HSSP is funded in part by a Syphilis Elimination Block Grant, that is vicariously awarded each year.

20. The CDC projected the eradication of Infectious Syphilis from the U. S. by 2005. Today the U.S. is the only industrialized Country that has not accomplished this objective. For the past three years Philadelphia’s Infectious Syphilis and HIV / AIDS rates remain at a state of emergency i.e. “OUTBREAK CONDITION(s)” per the CDCs own case definition. Unfortunately, the sense of urgency does not resonate with the defendant’s leadership in Philadelphia or Atlanta. Like many urban cities in America today, Philadelphia’s Infectious Syphilis prevalence and HIV/ AIDS incidence are at an all time high! This fact is not due to the lack of funding or resources, rather a result of pure unadulterated neglect and fraudulent waste of American Tax Dollars by the defendants.

21. These immoral and deceitful policies have condemned many CDV to a slow and agonizing death sentence. The CDC leadership and PDHP’s Disease Control management have taken their eyes off the vital disease control priorities for personal gain, recognition and acclaim. Per review of the latest (revised) National Syphilis Elimination Plan, the albatross contributing to its dismal failure to achieve the eradication of Infectious Syphilis by 2005, allegedly was the increased prevalence of Infectious Syphilis via Bisexual and Homosexual men or men who have sex with men (MSM). The defendants failed to provide Public Health Services for Gay African American Men in the Delaware Valley, despite using the Sexual Habits and exploits of Gay Men in America as the catalyst for their failure to eradicate syphilis by 2005, in accordance to the 1999 National Syphilis Elimination Initiative. In a 2003 CDC publication, the defendants used the following excuse; “Unfortunately, syphilis cases among gay and bisexual men of all races pose new challenges to efforts to eliminate the disease in the United States, and its (CDC) partners are actively looking into the factors that have made some gay and bisexual men particularly vulnerable to syphilis. They (CDC) are working with community organizations and local health departments on research and health interventions to understand current trends to avoid future outbreaks.” However, credible analysis of proven prevention / interventions techniques have been published for over 25 years, during such time deaths associated with HIV/ AIDS within this same community (MSM) plummeted. http://www.cdc.gov/std/see/Community/Syph&CommBrochure-H.pdf.

22.The defendant(s) futile execution of the successful templates for disease intervention / prevention innovations had been aborted, thus Infectious Syphilis and HIV /AIDS continues to afflict communities throughout the Delaware Valley and perhaps the entire U.S. Moreover, the defendants (CDC) failure to update the HIV Compendium (over a span of 9 years), after repeated request between 2005-2006 from Rep. Henry Waxman (D-CA), Chairman of The Committee on Government Reform, had a direct adverse impact on disease control protection measures for the CDV. At the 2000 National STD Conference, CDC provided research from Tulane University that concluded a person with syphilis is five times more likely to transmit and or become infected with HIV / AIDS.

23. Although the HSSP is necessary in a practical sense, its success is subject to scrutiny and bares a close resemblance to the initiation of Tuskegee, in terms of masking its real intentions, as it relates to the current state of Public Health in the Delaware Valley. Upon a closer look of the findings and statistics yielded from the HSSP, the results would be suspect and erroneous at best. This fact can be demonstrated in the reoccurrence of positive Chlamydia and Gonorrhea test results from Teenagers (majority Hispanic & African American), with the same disease or multiple diseases reported over their tenure in the Philadelphia High Schools. To bolster the HSSP existence and prominence, an inordinate number of DIS had been mandated and tasked with additional duties to ensure the success of this program from a surface perspective. This approach has had a devastating effect on the development of vital disease intervention skills, knowledge and abilities for the DIS and their Supervisors, thus ensuring the continued spread of fatal communicable diseases. What has not been celebrated during this period, but will become apparently clear to those that independently investigate Philadelphia’s Surveillance Records and the Annual Report (statistics) published each year vs. copies of original reports on file at local Hospitals, Physicians Offices and Clinics throughout Philadelphia. It wouldn’t be surprising if these numbers have been manipulated to support appropriations, access to additional appropriations and the masking the failures of the CDC.

How many more must die as a result of those in position of power remaining silent, while ignoring the old smoke and mirror “Statistic Trick”. Numbers / statistics (human beings) dictate dollars in an entrenched bureaucrat's world (defendants).

24. Mark Twain said it the best: "There are three kinds of lies: lies, damned lies, and statistics.” This statement refers to the defendant(s) persuasive power of numbers, their use of statistics to bolster weak arguments, and their tendency to disparage people with statistics that do not support their positions. This is why it is imperative and our major responsibility to protect the American people from all threats and enemies, both foreign and domestic; especially, when an individual who is entrusted to "do the right thing" is exploiting our hard-earned tax dollars via waste, fraud and abuse.

25. Like the concentration camps of Auschwitz, there has been smoke billowing from PDPH for years, but its Federal Chain of Command continues to allow this fire to determine the fate of innocent men, women, teens, children and vulnerable infants year after year. The collaboration of CDC leadership in Atlanta and the complicity of the PPSP, PHMC and PDPH in Philadelphia are solely responsible for the culture of Public Health corruption that exists in the City of Philadelphia. This machine has systematically destroyed careers, families and the CDV, whom they have sworn to protect and heal. Efforts to initiate a thorough internal investigation via congressional inquiries had been made from August 2004 to the present. In 2005 and again in 2006, the Plaintiff(s) contacted Senator Arlen Specter (PA-R) concerning the “toxic” working conditions and disease control failures of the defendants.

26. In 2006, Senator Barbara Mikulski (MD-D), received a written response from defendant and former CDC Director Julie Gerberding. Dr. Gerberding’s “self incriminating” response letter to the disease control failures at the expense of the CDV and volatile working conditions the Plaintiffs were subjected too, reflects the degree in which the defendants were willing to conspire against the Rights of both the CDV and the Plaintiff in general.

These condoned discriminatory practices and supporting documents are currently on file with numerous News and Press Organizations in Philadelphia and Atlanta, in addition to the Federal Court, in Maryland and Virginia. Moreover, the documents methodically and chronically identify the practice and patterns of gross negligence, poor judgment and the persistent violations of individual Civil and Constitutional Rights of the Plaintiff(s) by the defendants, resulting in the sustained transmission of preventable communicable diseases and the rapid spread of fatal infectious diseases (Syphilis, HIV/AIDS, and Pelvic Inflammatory Disease (PID) throughout the Delaware Valley.

27. In 2004, the CDC published proven Disease Control and Prevention Research by Plaintiff Robinson. “Redirecting Efforts in the Response to the Changing Epidemiology of Syphilis” provided credible disease http://www.ajph.org/cgi/reprint/AJPH.2005.070417v1.pdf - http://www.cdc.gov/std/stats05/syphilis.htm control methodologies that achieved rapid case detection necessary to quell the spread of fatal infectious diseases. Simply put, the implementation of Plaintiff Robinson’s research would have demonstrated the attainment of Credible Disease Control for the CDV. Whereas, the window of opportunity for primary preventions could have expanded , while simultaneously decreasing reporting Lag Time (the defendants lack of timely reporting and timely partner notification, “CDV’s Right to Know & Right to Exist”), which is the primary contributing factor that will ensure sustained Outbreak Conditions. Moreover, Robinson’s research provided the defendants a model to accomplish Disease Intervention (rapid case detection and treatment) within hours and /or days vs. weeks and / or months, which is fundamentally essential to avert disease Outbreak Conditions. However, the defendants intentionally ignored Plaintiff’s repeated request to implement credible Syphilis Elimination Strategies that would have prevented Babies from exposure to Syphilis and HIV, in addition to reducing the prevalence of infectious Syphilis cases and incidence of HIV in the Delaware Valley.

28. The Plaintiff (s) witnessed the lack of accessible treatment and quality services for the CDV in both affluent and resource poor communities, as a result of mismanaged tax dollars, lack of accountability of management and no federal supervision over the CDC defendants. Like the recent Katrina victims and survivors who’d paid their taxes, STD victims have the right to be informed and notified about their infections or possible exposure in a timely fashion.

President William Jefferson Clinton stated; “So let us resolve to hold forever in our hearts and minds the memory of a time not long ago in Macon County, Alabama, so that we can always see how adrift we can become when the rights of any citizens are neglected, ignored and betrayed”, during a White House Ceremony, while apologizing to the survivors of the Tuskegee Syphilis Experiments and their families.

29. Millions have been “recklessly” spent at the PDPH in the name of Syphilis Elimination. These funds have been misappropriated and exploited for personal gratification by the defendants. Like Tuskegee, there has been no federal oversight, regulation and or accountability in the PDPH’s STD Control Program. Immediate engagement is critical to the protection of the CDV and essential to the future of Public Health in America. The Plaintiff(s) respectfully request the Court’s swift adjudication of this case in the interest of the Decedents of Tuskegee. How many more CDV must die as a result of the defendant’s Public Health lie? Access within Philadelphia High Schools was to equate cutting edge intervention and enhanced prevention measures, none of which have been attained. The hierarchy of disease control is the pregnant female, HIV / AIDS, Syphilis, Gonorrhea and Chlamydia reported / unreported cases.

30. The defendants failed to adhere to the (5) Hippocratic Oath, “To Do No Harm”. Young Latino and African American females developed PID (critically altering reproductive capabilities), as a direct result of the defendants poorly managed and antiquated Disease Control Surveillance System. HIV Rates in the Delaware Valley are five times the National Average and 50% worse than New York City, as a direct result of the defendant(s) gross incompetence, criminal negligence and narrow approach to Disease Control and Preparedness in the Delaware Valley.

(5) The Non-Adherence to the Hippocratic Oath; Health Care Professionals (the word "professional" comes from the Latin word "professio," which means a public declaration with the force of a promise e.g.“To Do No Harm”) have a fiduciary duty toward those they serve. Whereas, professionals have a particularly stringent duty to assure that their decisions and actions serve the welfare of their patients or clients, even at some cost to themselves. Professions have codes of ethics which specify the obligations arising from this fiduciary duty. Ethical problems often occur when there appears to be a conflict between these obligations or between fiduciary duties and personal goals / monetary gain e.g. “Cash Bonuses” and shall be investigated in accordance with Federal Law Title 42, Chapter 21, Subchapter VI, § 2000e–7 Effect on State Laws, Title 42, Chapter 21, Subchapter VI § 2000e–8 Investigations.

31. Moreover, Congenital Syphilis in 2009 is 100% preventable. The defendant(s) blatant disregard for the life and sanctity of Ethnic and Minorities Pregnant Women and their unborn children, while designing a scheme to ensure personal monetary gain (cash bonuses) and national acclaim is beyond comprehension. The National Security of our Nation will soon be compromised if the defendants are allowed to continue their unjust Disease Control Policies. The defendant(s) corrupt practices and patterns have created health disparities that are poised to “implode” America’s Health Care System from within. If age old communicable disease (Syphilis) could not be eliminated by a Country held in such high esteem around the world, conversely how will the defendant(s) adequately serve the CDV during this time of new and emerging Global Public Health Crisis i.e. New Strains of HIV, Bird Flu, SARS, Avian Flu, Mumps, Bubonic Plague, West Nile and The Swine Flu?

Count II

In Violation of Title VII, Civil Rights Act of 1964, (CDV’s Right To Know & Right To Exist)

Count III

In Violation of 18 U.S.C. § 241, Conspiracy Against Rights

Plaintiffs “TNAG” and CDV sues defendants CDC, PDPH, PHMC and PPSP for their complicity, collaboration and corruption which led to conspiring to and willful violations of 18 U.S.C. § 241, Conspiracy Against Rights of the CDV. In support of these claims, Plaintiffs repeat, re-allege and incorporate by reference herein all of the factual evidence, supporting documentation and inclusive statements of the aforementioned count to substantiate their charges: As concerned citizens, the Plaintiff(s) find it necessary to bring to the Court’s attention the injustices perpetrated on countless unknowing, unsuspecting and unborn American Tax Payers (CDV), by the defendants (entrenched bureaucrats) within the CDC, PDPH, PHMC and PPSP. The defendants have placed personal political ideology over proven science, loyalty over policy, fallacy over justice and personal profit over the Constitutional Rights of the Public, thus jeopardizing the health and welfare of the CDV. The defendant(s) have willfully deceived the CDV and continue to thumb their nose(s) at the Judicial System and the Laws, Rules and Regulations, which govern the procedures to ensure Public Safety (Alphonso Mebane v. CDC MSPB Settlement, Federal Court, Atlanta, GA. November 2002). The defendants are poised to continue their failed Public Health policies that are concealed by fabricated statistics (designed to project programmatic success and justify sustained federal funding) for their fraudulent “Pet Project(s)” i.e. HSSP. From 2002 to the present, the defendants overlooked their unethical Public Health Practices, which continues to have a detrimental impact on Disease Control Prevention and “Preparedness” throughout the Delaware Valley and perhaps the entire Country.

33. The defendants failed Public Health Polices strain Health Care resources and compromises the Security of our Nation. These unconstitutional and insidious exploits have been chronicled in Civil Action No. 1:2007 cv. 02102, filed August 7th 2007, in U.S. Federal Court, Baltimore Maryland and is now under review in the U.S. Court of Appeal for The Fourth Circuit. The candid accounts articulated throughout this complaint against the CDC are supported by overwhelming proof (Internal Emails, Advisories, Reports, Articles, Deceitful Affidavits, and Forged Evidence) that have been written and produced by or about the defendants. Prior to Senator Tom Coburn’s (OK- R) 2007 “CDC Off Center” Investigation; {“How an agency tasked with fighting and preventing disease, has spent Hundreds of Millions of Tax Dollars for failed prevention efforts, international junkets, and lavish facilities, but cannot demonstrate it is controlling disease” http://coburn.senate.gov/public/_files/CDCOffCenter1000.pdf.

34. Most of the above referenced documents had been submitted previously to the Federal Bureau of Investigation (FBI) Philadelphia & Baltimore Branch Offices (2005 & 2006), Senator Arlen Specter’s Philadelphia Senate Office (2005 & 2006), Senator Barbara Mikulski’s Fells Point Senate Office (2006), State Senator Vincent A. Hughes, (PA-D), Rep. Henry Waxman (CA-D) Committee On Government Reform (2007), City of Philadelphia Controller, Alan Butkovitz (2007) and Philadelphia’s Office of the Inspector General, OIG (2008). Despite implicit barriers created to hinder Plaintiff Robinson’s fundamental Right to “Due Process” via. “DISCOVERY” proceedings i.e. “Transparency”, Civil Action No. 1:2007 cv. 02102, serves as a precursor to Senator Coburn’s Investigation and has provided names and faces (defendants), that epitomized the where, what, why, and how the defendant(s) questionable judgment and fraudulent Public Health Policies (regulated by exploitation and greed) adversely effected the Health and Safety of a vast number of American Tax Payers (CDV).

On January 26, 2009, in a Memorandum for the Heads of Executive Departments and Agencies, President Barack Obama stated; “The Government should not keep information confidential merely because public officials might be embarrassed by disclosure, because errors and failures might be revealed, or because of speculative or abstract fears.”

35. The key Federal Civil Rights Law that addresses “unintentional” racial disparities in government programs (Title VI of the Civil Rights Act of 1964) was recently rendered unenforceable by the U.S. Supreme Court in a 2001 decision, Alexander v. Sandoval, 532 U.S. 275, 293 (2001), “Neither as originally enacted nor as later amended does Title VI display an intent to create a freestanding private right of action to enforce regulations promulgated under § 602. We therefore hold that no such right of action exists” (footnote omitted). Notably, between 2007 – 2008, the complicity, collaboration and corruption of the defendant(s) has resulted in innocent Babies being born HIV Positive, 15 defenseless Ethic Minority Infants were born exposed to Syphilis and Fetal Demise from Syphilis complications. Notwithstanding, the defendant(s) publicly admonished these CDV Mothers via (PDPH 2008 Annual Report, 2007 PDPH / CDC June 2007 Public Health Notification), which stated; “The infants with congenital syphilis who were recently identified were primarily born to mothers for whom English was not the primary language. Because of language barriers these women may have had difficulty accessing traditional medical services. Additionally, drug use and exchanging sex for drugs or money may have been a risk factor for some of the women.” These Immigrant and Minority Mothers were not informed of their disease exposure prior to transmitting Syphilis and / or HIV to their precious defenseless infants.

Additionally, the defendant(s) Selective Enforcement Disease of Control and Intentional Abandonment of Care of Gay Black and Latino “MSM”, was due to the defendant(s) failure to update its “archaic” Disease Control Surveillance System after receiving federal grant dollars to effectively manage emerging health threats but instead endorsed “ambiguous” Disease Control and Prevention Policies that endangered CDV.

36. Whereas, the Rate of HIV in the City of Philadelphia is five times the National Average and 50% worse than residence of NYC. Additionally, female CDV not directly involved in the HSSP developed severe sexual reproductive damage, as a result of the defendants failed Disease Control Policies. The defendant(s) mandated Federal and Contract DIS to process “Bio-Hazardous” Human Waste during the bogus HSSP. Mysteriously, three Female Contract DIS suffered four miscarriages, while hazardously exposed to “raw” Urine in Non-Clinical / Laboratory setting, in violation of CLIA and OSHA Regulations. Additionally, the defendants forced DIS to medically treat HSSP Students outside the scope of their professional training. The defendant(s) poor judgment placed CDV at risk and would have jeopardized the health and safety of both the DIS (untrained / unqualified) and the High School Student during a sudden medical emergency. There is increasing evidence that race-based discrimination itself is not only emotionally hurtful, but also physiologically damaging to minority Americans, therefore, leading to unique adverse health impacts. The defendant(s) contributed directly to health care disparities through their misguided Public Health Policies.

37. Racial segregation and discrimination in health care in the United States was historically a matter of government policy, endorsed in the 1896 Supreme Court’s “Plessy v. Ferguson” decision upholding the constitutionality of state and local “Jim Crow” laws requiring the separation of the races. Laws such as the 1946 “Hill-Burton” legislation provided federal funding for construction of racially exclusionary hospitals, produced grossly unequal services subsidized with tax dollars and left a legacy of Segregated Healthcare - which is evident this very day due to the facts and evidence herein. TNAG respectfully request the Courts prompt response to repair this law. The defendant’s failures have resulted in unprecedented Incidences of Congenital Syphilis, Increased Prevalence of Infectious Syphilis and the current HIV/AIDS Epidemic among Heterosexual Minority Women & Men and Homosexual African / Latino American Men. The defendant(s) cynical Public Health policies and practices will have perpetual “Health Consequences” in Resource Poor Communities throughout the CDV. Ironically in 2003, the same individuals identified in Civil Action No. 1:2007 cv. 02102 had previously been found “culpable”, in defiance of Title 18, U.S.C., Section 241 of Conspiracy Against Rights, U.S.C. Title 42, 2000E 2., Unlawful Employment Practices and U.S.C Title 42, Chapter 21 Civil Rights.

38. As a result of challenging the efficacy of the defendant(s) deceitful and dishonorable Disease Control and Prevention “methodologies”, the Plaintiffs became a target, experienced torturous working conditions and had been constantly harassed by the defendants. Furthermore, the defendant(s) systematically retaliated against the Plaintiffs, while placing the CDV in harm’s way, due to the dissention and solidarity of the Plaintiffs found in the following Objections:

a) OBJECTION I: The Non Adherence of the Hierarchy of Disease Control in violation of Title VI, 42 U.S.C. § 2000d et seq., US CODE: TITLE 42,264. REGULATIONS TO CONTROL COMMUNICABLE DISEASES and Inspection of Law US CODE: TITLE 42, 1981., EQUAL RIGHTS UNDER THE LAW, in accordance with the 14th Amendment (Equal Protection Under the Law).

b) OBJECTION II: The Non Adherence of the Mission of the CDC in violation of Federal Law Title 42, Chapter 21, Sub chapter VI, § 2000e–7 Effect on State Laws, Title 42, Chapter 21, Subchapter VI § 2000e–8 Investigations.

c) OBJECTION III: Selective Enforcement of Disease Control in violation of Federal Law Title VI, Civil Rights Act of 1964, Title 42, Chapter 21, Subchapter I § 1983 Civil Action for Deprivation of Rights, Title 42, Chapter 21, Subchapter V, Federally Assisted Programs, Title 42, Chapter 21, Subchapter II, Public Accommodations and the DECLARATION OF HUMAN RIGHTS (Adopted by UN General Assembly Resolution 217A (III) of 10 December 1948) Article 25 1.

d) OBJECTION IV: The Intentional Abandonment of Care in violation of Federal Law US CODE: TITLE 42,1981. EQUAL RIGHTS UNDER THE LAW , Title 42, Chapter 21, Subchapter I § 1983 Civil Action for Deprivation of Rights, Title 42, Chapter 21, Subchapter V, Federally Assisted Programs, Title 42, Chapter 21, Subchapter II, Public Accommodations, US CODE: TITLE 42,2000D (Prohibition against “Exclusion from Participation” in denial of benefits and Discrimination under Federally Assisted Programs, on the Grounds of Race, Color or National Origin.

e) OBJECTION V: The Non-Adherence to the Hippocratic Oath in violation of Federal Law Title 42, Chapter 21, Subchapter VI, § 2000e–7 Effect on State Laws, Title 42, Chapter 21, Subchapter VI § 2000e–8 Investigations.

38. The Plaintiffs remain committed to ensuring the protection of all American Citizens and preserving the integrity of a “World Famous” Public Health Agency currently in jeopardy and clearly “OFF Center”! The defendants failed policies are harming the very same citizens it has sworn to serve and heal. In addition to this Civil Action, TNAG will request a precipitous “Bipartisan Investigation” and “Congressional Hearing (s)” by all applicable Congressional Committee (s) and or Caucasus (s), in accordance to Title 42, Chapter 21, Subchapter VI § 2000e–9., “Conduct of Hearing and Investigations” pursuant to Section 161 of Title 29, in hopes to restore public trust, confidence and the credibility of the defendants Public Health Preparedness capabilities in the Delaware Valley. “We The People” will properly demand that each of the “Objections” listed in this case be precipitously referred to the Attorney General’s Office of Special Counsel and / or the Federal Bureau of Investigations.

COUNT IV & V (INCLUSIVE)

(Willful Conspiracy Against The CDV – In Violation of 18 U.S.C. §1961-1968, The RICO ACT;

Deprivation of Rights (of the CDV) Under the Color of Law – In Violation of 18 U.S.C. § 242)

Plaintiffs “TNAG” and CDV sues defendants CDC, PDPH, PHMC and PPSP for their complicity, collaboration and corruption which led to conspiring to and willfully violating the RICO Act and18 U.S.C. § 242. In support of these claims, Plaintiffs repeat, re-allege and incorporate by reference herein all of the factual evidence, supporting documentation and inclusive statements of the aforementioned counts to substantiate their charges:

39. As a matter of full disclosure and for the Court’s record, Plaintiffs submit that in the spring of 2008, Mr. Stanley (TNAG “Plaintiff”) and his legal representative at that time, Mr. Scott Sigman Esq., met with Kristina Crosby (Investigator) at the Philadelphia Office of the Inspector General (OIG), to testify about what he knew concerning possible waste, fraud and abuse that was being committed by federal program managers (CDC) against the taxpaying citizens of Philadelphia (CDV) and the nation. Since Plaintiff had worked in this program for over ten years and had the opportunity to work on the High School Screening Program (which federal CDC employees in Atlanta and Philly are pushing for national implementation), he provided pertinent information to Mrs. Crosby and another investigator for the OIG to investigate.

40. Subsequently, when the subjects (CDC, PDPH, PPSP and PHMC) found out that the Plaintiffs were possibly cooperating with the OIG’s investigation, they collaborated then retaliated via "Official Misconduct”, “Deprivation of Rights under the Color of Law", federal "prohibited personnel practice" violations, and “unfair labor practices” which led to the termination of Plaintiff’s employment at the PDPH on January 30, 2009. Upon Discovery and Interrogatories, it will show how these events transpired and had an adverse effect on Plaintiff(s) career(s).

41. The OIG’s ongoing investigation has national implications due to the fact that health insurance fraud may have been committed against taxpaying citizens (CDV) and two well known national companies, Independence Blue Cross & Health Partners, who may be unaware of this clandestine scheme. Additionally, many CDC employees who were and are still involved in this scheme work and reside in or near Atlanta where CDC headquarters are located: Dr. Julie L. Gerberding (ex-CDC Director); Ron Turski (National Program Consultant Chief who was promoted from his former position as Philadelphia’s Regional Program Consultant); Barbara Wills-Hooks (ex- Field Operations Manager in Philadelphia who is retired and now lives near Atlanta); Michael Bender (CDC employee who was caught perusing internet pornography on government time and who was transferred to CDC HQ in Atlanta to take the heat off this incident and other disease surveillance failures he committed); and Bill Clothier (CDC employee reassigned to Atlanta after being used to cover-up CDC's gross negligence and disease control failures in Philly).

42. Plaintiff stated to the OIG that substantial evidence was extracted from the health department's computer data base and since it had the appearance of improprieties and wrongdoing, it warranted a federal investigation into possible misappropriation of government funds (taxpayer's dollars), since most of the subjects were federal employees. Additionally, Plaintiff believed that this evidence exposed PDPH’s failures (or blatant violations of the public's trust) which had directly contributed to the spread of preventable infections in both affluent CDV and resource poor minority communities (CDV who were primarily the ones being exploited by the High School Screening Program), and that residual effects would soon start showing up in Philadelphia's surrounding suburbs. In other words, severe damage had already been done to the CDV of this city, and beyond, by CDC, PDPH, PHMC and PPSP health department officials who carried out these failed and reckless disease control policies and are still in place to continue doing so.

43. Is Zelda a Cover for "KIDS FOR CASH" Double Billing Scheme: On August 25, 2009, Plaintiff re-submitted supporting documentation and exhibits to Mrs. Crosby pertaining to the High School Screening Program and its most popular celebrity, Zelda. The first document titled “High School Screening Program- Funds Received” is a breakdown sheet of how much monies (hundreds of thousands) were collected, between October of 2004 to September of 2007, by CDC federal managers after they billed Independence Blue Cross and Health Partners (CHIP) upon high school students signing a consent form (whether they were negative or positive for the two STD’s being tested, gonorrhea and chlaymydia). These revenues were generated, since 2004, without the knowledge of the Philadelphia Controller's office for tax purposes, after Zelda (the PDPH’s federally (CDC) ran Disease Surveillance Unit) confirmed these students test results. Here is the rest of the documents that were submitted to the OIG with titles:

44. “Estimate of Costs Associated with The Philadelphia High School Screening Program for Chlamydia and Gonorrhea 2002/2003 School Year” is a document created by CDC federal managers which explains the total cost of the high school testing program so they can obtain federal grant/tax dollars to run this pet project. Please note on the 6th line of this document that the cost of "Genprobe Aptima Lab Testing" amounted to $260,000 at 20,000 tests times $13 per test. The question is if a grant application for federal funding was submitted by CDC federal managers to cover the total costs of this project, why would they have a need to bill Independence Blue Cross and Health Partners insurance companies for test that were already paid for?

45. “High School Consent Form” is the slip of paper provided to every student submitting urine for testing and it comes attractively packaged in a paper bag with a Zelda Card and urine cup. If the students sign this consent slip with their social security number, their "health choices health plan" will be billed under the guise of "the cost of testing can be shared". CDC managers have a computer data base (set up in the health department) which is directly linked to Independence Blue Cross and Health Partners for billing purposes once a student’s name and social is verified by Disease Surveillance (CDC’s Zelda Team).

46. “Salmon High School Memo” is an actual email communication, dated October 14, 2005, from CDC Program Manager, Melinda Salmon, to health department personnel testing students in the high schools. This email was used as a scare tactic by her to force DIS to "emphasize the need (for students) to sign the consent form... FYI, in the future, the Planned Parenthood contract may be funded in part from reimbursements through the High School Program."

47. “Paris Vallas Letter” is a formal letter from former health commissioner, Carmen Paris, and ex-School District CEO, Paul Vallas, to the parents and guardians of high school students pertaining to this project. In this letter dated September 15, 2006, they state, "The Philadelphia Department of Public Health and the School District of Philadelphia have worked together to offer free (a deceptive statement full of misinformation) voluntary and confidential testing and treatment in School District high schools for Gonorrhea and Chlamydia." But nowhere in this letter did they mention to the parents/guardians that if their child signs the back of the consent form, their health choices health plan (Independence Blue Cross and Health Partners) will be billed. Remember, the estimated cost for these tests were already covered via federal grant monies of $13 a test times 20,000 students per year at a cost of $260,000.

"Free" testing only occurred when the student chose not to sign the consent form and the PDPH was still obligated to cover the costs.

48. “Questionable Conduct by Martin Goldberg that Warrants an Investigation into Possible Misappropriation of Government Funds” explains some of the events in the past several years which were eye-witnessed by DIS and confirmed by reliable sources pertaining to possible misappropriation of government money by CDC managers. The second page of "Questionable Conduct" goes into a little more detail about “double billing/dipping" issues and the scare tactic that Melinda Salmon employed in the “Salmon High School Memo” against the contract DIS to fool them into believing that their future PPSP federal grant that funds the DIS position would be predicated on students signing the consent form for STD testing; so the DIS had better work extra hard and get as many students to test as possible along with signatures. Mrs. Salmon’s email comments were based on lies, deception and dissemination of false information.

49. 49. “Zelda Cards” are an exhibit of the actual business-card sized pieces of paper that are provided to every student submitting urine for testing and it comes attractively packaged in a paper bag with the High School Consent Form and urine cup. It also has the PDPH’s phone number (215-685-6737) that students call and ask for "Zelda" in order for them to get their test results.

50. “Is Zelda Reason City’s In Poor Sexual Health: Zelda’s Demand Weakens City’s Grip On Disease?” is the recent article published in The Public Record on July 30, 2009, that details how Zelda is consuming most of PDPH’s vital manpower and resources in order to keep this pet project alive.

51. The Residual Effects of Zelda's Failed Public Health Policies: According to the Hierarchy of Disease Control mandated by the CDC for all health departments around the nation, the most deadly STD's, such as HIV/AIDS and syphilis, should be pursued first. This totem pole of disease control prioritizes that a pregnant female with any STD should be pursued, first, followed by clients with HIV and their sexual partners, syphilis, then gonorrhea and chlamydia in that order.

52. The problem in Philadelphia is that the PDPH’s STD Control Program (which is managed by current and former CDC federal personnel) have ceased to adhere to the Hierarchy of Disease Control and are recklessly abandoning the health care and welfare of CDV in order to selectively enforce their own STD priorities. Sadly, like all healthcare professionals, every one of them had pledged the Hippocratic Oath "to do no harm."

53. The leader of the pack of these rogue federal managers is Martin Goldberg. He was hired by the Public Health Management Corp. (PHMC) via a no-bid contract, in January 2007, as a Consultant to the PDPH STD Control Program after he was forced to retire because of a congressional inquiry (sent on behalf of Plaintiff Brian C. Robinson) initiated by Senator Barbara A. Mikulski (D-MD) to the CDC Director, Dr. Julie L. Gerberding.

54. Mr. Goldberg, as the former federal (CDC) Program Manager, was able to secure PHMC millions of dollars in taxpayer-supported funding, because he was the person who exclusively wrote the grants for these allocations on behalf of the PDPH and continues to do so today under the guise of being a PHMC employee. As a CDC entrenched bureaucrat, Mr. Goldberg was also the point man in awarding PPSP a hefty administrative fee with fringe benefits(35%) for the grants he secured while this 20-year vendor contract existed. The words “entrenched bureaucrat” applies because CDC’s normal protocol is to rotate federal Program Managers (by reassigning them to other STD programs around the country) every 5-7 years to avoid the potential of them creating their own fiefdom. In essence, this (his own little “fiefdom”) is what Mr. Goldberg has been able to establish in his 25-plus years of being at the PDPH.

55. Zelda's (CDC’s Disease Surveillance Unit) deceptive Public Health practice of tricking high school students to sign consent forms without their parent's knowledge of the double billing scheme was intentionally concealed by Martin Goldberg; Dr. Caroline Johnson; Melinda Salmon, Program Manager; Alex Phillips, Assistant Program Manager; Barbara Wills-Hooks (Former Field Operations Manager); and Anthony Gerard, Syphilis Elimination Rapid Response Team (RRT) and current Field Operations Manager.

56. As reported in the July 30th edition of the Public Record: "While HIV/AIDS & Infectious Syphilis rates remain off the charts in this city, this Department continues to show more concern with this high school testing project." But what the CDV do not know is they show more concern because of the fringe benefits they receive i.e. year-end cash bonuses on the taxpayer's dime, national recognition/acclaim and a steady stream of revenue generated from double-billing Independence Blue Cross and Health Partners to the tune of hundreds of thousands of dollars the last several years. In other words, why be more concerned about deadlier STD policies if you're using other people's money (taxpayer's dollars) on less harmful STD's with the intention of profiteering rather than using these same entrusted resources to benefit the CDV via progressive implementation of disease control measures and initiatives based on ever-changing and new STD trends.

57. "Philadelphia is said to be besieged by an infectious syphilis outbreak (including babies being born with this infection) and HIV/AIDS rates at 5 times the national average and two times greater than New York City. Additionally, chlamydia and gonorrhea infections are through the roof. Preventable and curable bacterial infections (such as syphilis, gonorrhea and chlamydia) make it easier to contract a more deadly disease like HIV/AIDS", as reported in the Public Record. But these detrimental public health issues don't pop up overnight and if negligence is involved, over a short period of time, it adds more fuel to an epidemic/outbreak fire.

58. In retrospect, 2003-2006 were watershed years when serious STD control problems began to tremor beneath the surface of the PDPH. The following supporting statements (with supporting documentation available) will provide a brief explanation:

59. "AACO Backlog" and "Incident on 1-31": AACO is the acronym for AIDS Activities Coordinating Office. AACO is headed by Dr. Caroline Johnson who also is the PDPH’s Division of Disease Control Director. She has the authority to collaborate the efforts of AACO and the STD Control Program for the purpose of controlling the spread of HIV/AIDS.

Dr. Johnson was handpicked to lead these public health departments by the former Division of Disease Control Director, Robert Levinson (a longtime friend of Mr. Goldberg who was responsible for allowing this federally entrenched bureaucrat to stay in this city for more than two decades), Martin Goldberg (who was the federal (CDC) Program Manager at the time of her selection) and disgraced (Danieal Kelly, DHS case) former Health Commissioner, Carmen Paris. Additionally, Dr. Johnson returned the favor to Mr. Goldberg when she signed off to retain him as a no-bid contractual consultant via a crony contract between PHMC and the PDPH.

60. The "AACO Backlog” document is an email communication from former Field Operations Manager (CDC), Barbara Wills-Hooks, to the Disease Intervention Specialist (DIS) pertaining to AACO's request for help from the STD Control Program. The DIS assigned to this "Temporary Duty Assignment" had to assist AACO in clearing up their backlog of reports on patients with low CD-4 counts and who are HIV positive.

The problem is Mr. Goldberg sent a rookie DIS (Sarah Shrimplin who was a newly trained DIS that he was grooming to become a federal employee since he worked with her parents in another STD program in the 70's) to deal with a complicated bureaucracy that needed a veteran already trained in understanding the complexities of HIV/AIDS. Two seasoned and experienced DIS who applied for this temporary assignment were denied in favor of Ms. Shrimplin. The problem is if a seasoned DIS did get the opportunity, they would have had a more critical eye to say something is wrong with this picture and why aren't these positive HIV reports and low CD-4 counts (which means the patient is on the brink of death) being initiated to a DIS to inform these patients of their positive test results and for partner notification measures via a field investigation. Any person positive or exposed as a contact to a case of HIV/AIDS would want to be told of their status so that they could get tested and if positive start taking medication to prolong their life.

61. Barbara Wills-Hooks also performed her duties as if she was a slave plantation overseer for Mr. Goldberg by over-tasking the DIS to input urine slips of the hundreds of students that were tested into the computer data base so that the Zelda Team could finish their clandestine operation of billing these student's health insurance plans. Data entry clerks (or phantom employees) were included in the estimated costs of the high school project but none were ever hired. On January 31, 2003, in a very heated incident witnessed by several DIS in the office, Mrs. Wills-Hooks tried to take disciplinary actions against Mr. Stanley because she thought that he had dumped some urine slips on his PPSP contract supervisor, Carolyn Tunstall, that she had gave him to enter into the system.

62. Additionally, Mrs. Wills-Hooks deliberately failed to initiate HIV contacts (of walk-in patients who were diagnosed as HIV positive upon testing at District Health Center #1 and being counseled by a Social Worker) for partner notification purposes via a field investigation by a DIS after she personally received them from Veronica Hodges, Social Worker Supervisor at Health Center #1. Mrs. Hodges can verify that this negligence occurred over the last several years, since she is the point person who turned these HIV reports over to Mrs. Wills-Hooks and she still possesses the actual hardcopies with the dates she submitted them to her for partner notification by a DIS. Over the years, Plaintiff(s) personally witnessed Mrs. Wills-Hooks shredding these HIV reports (and Plaintiff snapped some cell phone photos of these activities); because she was told by Mr. Goldberg to only focus on ensuring that the DIS input urine lab slips into the database for the High School Screening Program and that the DIS don't have time to pursue HIV due to a manpower shortage caused by this same project.

63. The most unfortunate part of all is how PDPH and CDC managers exploited dedicated and committed public health servants, because all they were concerned about was their "Liquid Gold/Golden Sunshine" Manufacturing Plant while using the contract DIS as Zelda's yellow elves producing the product on the assembly line.

64. Flash-forward to October 2008, the Philadelphia Inquirer reports that Philadelphia's HIV/AIDS rates are five times greater than the national average and two times greater than New York City. The above occurs due to many years of disease control failures, a lack of checks and balances, no oversight and no accountability which creates unfavorable outcomes or residual effects (i.e. "Chickens coming home to roost").

65. "7 ER's out of 400", "PDOH Smoking Gun Analysis Chart", "Sexual Exposure Chart" and the "Anonymous Letter ": In an effort to satisfy Zelda's unquenchable thirst for more lemonade or, in other words, the Disease Surveillance Unit's futile attempts to field a "flood of calls" daily from hundreds of high school students seeking to find out if their urine (Liquid Gold/Golden Sunshine) samples were positive or negative, the unthinkable occurred between July-December of 2005. Michael Bender, a federal CDC assignee who was sent back to the PDPH after being banned from Trenton, New Jersey's STD Control Program for using government computers to view internet pornography, failed to initiate approximately 400 epidemiologic reports (or ER'S of CDV/patients who were positive with an STD not related to the high school testing program) for assignment to a DIS whose job is to conduct field investigations to stop the spread of these infections. “7 ER’s out of 400” are 7 actual reports of patients affected by this gross negligence and names are blacked out for confidentiality/HIPAA reasons. The “PDPH Smoking Gun Analysis Chart” is a document with the breakdown of the 7 ER's, including an additional14, and reveals neglectful "reporting lag time" by the Disease Surveillance Unit (CDC’s Zelda Team).

66. Instead of evenly distributing these old and neglected STD reports to all available DIS staff for expeditious disease intervention/prevention follow up, Martin Goldberg covered-up this harmful and reckless fiasco by forcing Bill Clothier (a federal assignee now in Atlanta who is willing to verify these facts; his cell number is 678-836-6111) to call the doctor's offices of these CDV/patients to verify if they came back for treatment; if they did not return back, Mr. Clothier had to personally return (on each ER Mr. Clothier’s handwritten documentation of "To Marty" is clearly present) these positive STD reports to Mr. Goldberg who in turn forced Michael Bender to make a field visit to these CDV/patient's homes and attempt to get them in for treatment at the Broad & Lombard health clinic. The reason why there's gross negligence involved is because from the positive lab test date to the first time Bender conducted any investigative activity (most of these reports were already an average of 3-4 months old) these CDV/patients could have spread their infections to hundreds of thousands. According to the Sexual Exposure Chart, 400 infections could lead to 1.6 million CDV being exposed which is right around the total population of people living in Philadelphia, the PDPH’s jurisdiction. Additionally, Mr. Bender was still doing home visits on these CDV/patients well into 2006 while riding around in a Department of Public Health vehicle with official logo. Regular DIS used their own personal vehicle, not City vehicles, to avoid breaching a CDV/patient's confidentiality.

67. Shockingly, before Mr. Bender was assigned to the PDPH’s Disease Surveillance Unit, he supervised the activities of DIS in Philadelphia high schools and worked around students submitting urine for the pet project. An “Anonymous Letter” sent to the press, pertaining to the disturbing issue of an internet pornographer working around children, was the catalyst for Mr. Goldberg to remove Mr. Bender from the Philadelphia schools followed by a demand from City officials (exactly which high-level official made this decision has yet to be revealed) that immediately instituted federal and state background checks on all Disease Control personnel working around students.

After adhering to staff background clearances and dealing with the embarrassment that this incident caused, Mr. Goldberg turned right around and made what he thought was a wise executive decision by reassigning Mr. Bender to the Disease Surveillance Unit (The Zelda Team) where the aforementioned negligence took place. Was this gross negligence caused by Mr. Bender's preoccupation with his job impersonating "Zelda" (with phone access to the same students he was removed from personally working around); or was he just up to his old computer tricks again and could care less about his disease surveillance duties on behalf of taxpaying CDV?

Remember, these CDC federal employees are assigned to the Commonwealth of Pennsylvania from elsewhere, so they are considered "outsiders" and "visitors". So the question remains, does CDC have the best interest at heart for the common good and "commonwealth" of all CDV in the PDPH’s jurisdiction?

68. In revelation, 2007-2008 were years in which STD control problems that were earth-quaking beneath the surface began to erupt like a violent volcano at the PDPH. The following will explain this in more detail:

69. "AAMSM Letter" and "59 Abandoned Syphilis Cases": On May 14, 2008, several Lesbian, Gay, Bisexual and Transgender (LGBT) organizations sent a letter of concern addressed to CDC and PDPH officials- Melinda Salmon, John Cella, Nan Feyler, Dr. Caroline Johnson and Aaron Mettey- which represented a scathing indictment of what they felt was public health negligence being committed against their CDV/communities. A sample of the letter reads: “Furthermore, in the past four months since the one meeting you convened, there has been no significant movement in creating a plan to decrease syphilis infections that we are privy to… As a group of concerned individuals who are vested in the lives of African American MSM, we plan to hold you accountable for developing a plan as soon as possible to address the local Syphilis crisis. To that end we would like to propose the following steps: The development of an on-going collaborative process in which there is increased communication between the Division of STD prevention and AACO. This is important, as we know that HIV and STD’s have a close link. Additionally, you shared in your presentation that in some of the diagnosed cases of Syphilis, there was co-infection with HIV.

The development of a targeted street outreach campaign that is informed by and utilizes African American MSM from those areas where STD transmission is prevalent. In addition, this campaign should become a collaborative part of current overall HIV prevention strategies. Immediately, facilitate a capacity-building training process in which community based organizations serving Black MSM will have the capacity to screen for Syphilis, Chlamydia and Gonorrhea. Provide quarterly or bi-annual updates that are available to the public on new Syphilis diagnoses so that we are aware of current trends.

The most recent report found on Syphilis infections in search of the Phila.gov website returned a report in 2002, which is 6 years ago. This isn’t acceptable given we are in a growing epidemic and the general public cannot find current information on this health trend on the city’s website. The undersigned individuals endorse this letter and demand that more action be taken by the STD Control Program to curb the Syphilis epidemic among MSM. We look forward to working closely with you and other key stakeholders to develop an effective Syphilis elimination project in the city of Philadelphia.”

70. Besides impersonating Zelda along with other Disease Surveillance staff members, Mr. Bender's responsibilities also included critical follow-up of Syphilis cases (reactors). In April of 2007, an email was sent from Greta Anschuetz to Melinda Salmon with a list of 59 old syphilis cases from 2006 that had not been dispositioned. According to the Sexual Exposure Chart, these "open" syphilis cases could lead to 240,000 CDV exposed.

71. Were any of the 15 babies born with syphilis in 2007 linked to any of these cases? Since a person is 3-5 times more likely to contract HIV if they are infected with syphilis, is the current infectious syphilis outbreak connected to the spike in HIV cases which are 5 times the national average and 2 times worse than New York City? Did any young CDV, not tested in the high schools, contract HIV due to their vulnerability of catching a lesser infection and not being informed by the PDPH in a timely manner? If one adds 1.6 million and 240,000 people exposed, these numbers over exceed the population of Philadelphia and could potentially mean that STD infections are now spreading to the surrounding suburbs, since many CDV/suburbanites and CDV/city dwellers engage in sexual relationships.

72. Until this day, the CDC’s “Zelda” still consumes most of the time and energy of all PDPH personnel (including DIS) assigned to the critical Disease Surveillance Unit, especially during the crucial harvest season, between September and June, when High School Screening Program students are corralled into dilapidated restroom stalls and milked like cows on the production line.

Persons of Interest/ Parties Involved:

Centers for Disease Control and Prevention (CDC)-Managers: Melinda Salmon, Program Manager; Andrew Del Los Reyes, Assistant Program Manager; Anthony Gerard, Field Operations Manager; Martin Goldberg (Former Program Manager), STD Control Program Consultant; Alex Phillips, Surveillance Manager; Ron Turski, Regional Program Consultant Chief (Atlanta); Dr. Julie Gerberding (Former CDC Director); Barbara Wills-Hooks (Retired Field Operations Manager)

City of Philadelphia-Managers: Dr. Donald F. Schwarz, Deputy Mayor, Health & Opportunity, Health Commissioner; Dr. Caroline Johnson, Director of Division of Disease Control; Barry Dickman, Director of Disease Control Adminstration; Anthony Lloyd, Tuberculosis Control Supervisor

Public Health Management Corporation (PHMC)-Managers: Judge Paul Dandridge, Chairman of the Board; Myra Woll, Vice President of Health Promotions and Service Systems

Planned Parenthood Southeastern Pennsylvania-Managers: Dayle Steinberg, President; Mary Banecker, Senior Vice President; Kathy Cable, Vice President for Organizational Development; Betty Nixon, Human Resources Director

COUNT VI, VII, VIII, IX, X (INCLUSIVE)

(Interference with Federally Protected Activities (of TNAG Plaintiffs) i.e. “enjoying employment”- In Violation of 18 U.S.C. § 241; Willful Violations (Against TNAG Plaintiffs) of Public Law 107-174, the No-FEAR Act of 2002; Willful Violations (Against TNAG Plaintiffs) of 5 U.S.C. Section § 2302 (b), “Prohibited Personnel Practices”; Willful Violations (Against TNAG Plaintiffs) of 8(a)(1) & (3) of the National Labor Relations Act, “Unfair Labor Practices”; Willful Violations (Against TNAG Plaintiffs) of 43 P.S. §§951-963 of the Pennsylvania Human Relations Act)

Plaintiffs “TNAG” and CDV sues defendants CDC, PDPH, PHMC and PPSP for their complicity, collaboration and corruption which led to conspiring to and willfully violating 18 U.S.C. § 241, Public Law 107-174, 5 U.S.C. Section § 2302 (b), 8(a)(1) & (3) of the National Labor Relations Act, 43 P.S. §§951-963 of the Pennsylvania Human Relations Act. In support of these claims, Plaintiffs repeat, re-allege and incorporate by reference herein all of the factual evidence, supporting documentation and inclusive statements of the aforementioned counts to substantiate their charges:

73. On June 9, 2009, Plaintiffs Mr. Stanley, Mrs. Fleming-Myers and Mr. Bailey-Ford, wrote a letter of appeal to the General Counsel of the National Labor Relations Board (“NLRB”) in total disagreement of the half-hearted investigative effort by their Region Four- Philadelphia office. Margaret McGovern, Field Attorney for the NLRB, was assigned to investigate Plaintiff’s case against defendant PHMC for “unfair labor practices”. The Plaintiffs explained in clear and concise language/detail that the NLRB’s decision to dismiss their charges was incorrect due to significant facts and reasons which were not thoroughly investigated with due diligence by their agency. This letter to the General Counsel contained elements related, connected and associated to all of the above counts, it reads:

74. “Why wasn’t a thorough investigation conducted to bring forth the major conflict of interest and influence that Martin Goldberg had on PHMC’s final decision not to hire the complainants (Plaintiffs)?

a) Mr. Goldberg was hired by PHMC in January 2007 as a contractual consultant to the PDPH STD Control Program after he was forced to resign because of a congressional inquiry initiated by Senator Barbara A. Mikulski (D-MD) to CDC Director, Dr. Julie L. Gerberding. The inquiry letter was sent on behalf of Brian C. Robinson, a former CDC Disease Intervention Specialist (DIS) who was wrongfully terminated in 2004 and who listed, Emanuel Stanley and Diane Fleming- Myers as favorable witnesses that same year on his initial complaint filings with the CDC’s internal Equal Employment Opportunity (EEO) department and the Merit Systems Protection Board (MSPB).

b) In 2004, the contract DIS began to organize to better workplace conditions and due to a hostile working environment which, in turn, led Mr. Goldberg to conduct union busting actions against these protected activities. In an email titled, “Response to Staff Concerns”, Melinda Salmon, then the Assistant Program Manager, in a point by point rebuttal of the DIS’ grievance list, states “Unionization is a Planned Parenthood issue. In the past, Martin Goldberg made a point to discuss some of the positive and negative affects that unionizing may have on the STD DIS staff.”)

c) Implications are that because of the years of “bad blood” between CDC managers and the contract DIS, doors for retaliation (via unfair labor practices and federal “prohibited personnel practice” violations) were opened and the “appearance of impropriety” is evident; especially when a former Program Manager is still in a position to influence hiring decisions (by branding us as “troublemakers” or “ringleaders”), because he is a consultant on the payroll of the vendor (PHMC)- who was awarded the new DIS contract by the City of Philadelphia (PDPH). Additionally, Mr. Goldberg, as the former federal Program Manager, was able to secure PHMC millions of dollars in taxpayer-supported funding, because he was the person who exclusively wrote the grants for these allocations on behalf of the City of Philadelphia (PDPH) and continues to do so today under the guise of being a PHMC employee. As a CDC entrenched bureaucrat, Mr. Goldberg was also the point man in awarding Planned Parenthood (PPSP) a hefty administrative fee (35%) for the grants he secured while this 20-year vendor contract existed. The words “entrenched bureaucrat” applies because CDC’s normal protocol is to rotate federal Program Managers (by reassigning them to other STD programs around the country) every 5-7 years to avoid the potential of them creating their own fiefdom. In essence, this (his own little “fiefdom”) is what defendant Goldberg has been able to establish in his 25-plus years of being in Philadelphia.

d) Why was Myra Woll, PHMC’s Vice President of Health Promotions and Service Systems not queried about her longstanding relationship over the years with Mr. Goldberg which hints of impartiality and a lack of fairness in the hiring process?

Why was she allowed to conduct interviews and rate DIS candidates when she was clueless about the qualifications and job description of DIS. Why didn’t PHMC use their Human Resources Department which usually conducts interviews for all their divisions- instead of someone who is high up the chain of command as a vice president? Who from PHMC hired Mr. Goldberg as a consultant 30 days after his forced retirement? Was it through his connections with Mrs. Woll?

e) A confirmation that Mr. Goldberg attempted to influence the hiring decision was confirmed by a federal DIS colleague, Bill Clothier, now assigned to a state program in Atlanta. Mr. Clothier sent us an email titled, “be advised: INCOMING e-Mail “, which verified that PHMC via the Watsonian Society (a national fraternity of current and former STD program managers that Mr. Goldberg is a member of) was using Mr. Goldberg’s federal connections to expand the pool of experienced and qualified candidates in order to fraudulently “weed us out”. Originally, the deadline to submit applications to PHMC was December 19, 2008. On December 18, 2008, Mrs. Fleming-Myers requested an extension to apply by an email titled, “Email with directions for staff ” because “people are having major problems reapplying for their positions.” Melinda Salmon (Program Manager) reluctantly granted this request by asking PHMC to extend the deadline until December 26, 2008. On January 5, 2009, PHMC forwarded this job announcement, “THREE OPPORTUNITIES IN Philadelphia, PA”, through the Watsonian Society listserv which has access to the email accounts of thousands of public health employees. The wider implications are that CDC managers deceptively told the contract DIS that application submissions from all potential candidates would not be accepted past the final deadline; but then they turn around and advertise for these same positions- ten days later- via the Watsonian Society. Technically speaking, should these questionable improprieties and ethical behavior violations (by current and former federal government employees who apparently have set up their own quasi-government operation) be referred to the appropriate federal Office of Inspector General (OIG) for investigation?

75. Why wasn’t Judge Paul A. Dandridge, PHMC’s Chairman of the Board, subpoenaed with his testimony for the record (What did he know, when did he know it and why didn’t he do something about it when he found out i.e. Scooter Libby)?

a) As PHMC’s Chairman and second-in-command, he was their highest official who was “in the know” pertaining to having knowledge of our (Plaintiffs) continued union organizing efforts (Mrs. Fleming-Myers sent an email to Judge Dandridge titled “Thank You” two days after we (Plaintiffs) met with him at PHMC). At this scheduled meeting on January 12, 2009, we (Plaintiffs) explained in vivid detail that we (Plaintiffs) knew “the fix was in” (or the “Code Red” had been ordered by higher- ups in the chain of command as depicted in the motion picture, “A Few Good Men”) and this whole duplicitous re-interviewing/ re-application process was designed to “weed us (Plaintiffs) out”, because of our (Plaintiffs) union activities that forced Planned Parenthood (PPSP) to not renew their 20-year vendor contract with the City of Philadelphia (PDPH). During this meeting with Judge Dandridge, he stated that he would look into these matters and referred us (Plaintiffs) to seek assistance from Patrick Eiding- who is a Board member of PHMC and the President of the Philadelphia Council AFL-CIO. Furthermore, Judge Dandridge witnessed (which was an extremely awkward situation) Melinda Salmon, Program Manager (CDC), Andrew Del Los Reyes, Assistant Program Manager (CDC), Dr. Caroline Johnson, Director of Division of Disease Control (PDPH), Barry Dickman, Director of Disease Control Administration (PDPH) and Myra Woll (PHMC) attempt to enter the room where we (Plaintiffs) were meeting but turned around after they (CDC,PDPH and PHMC) saw us (Plaintiffs).

b) On February 18, 2009, Cathy Scott, President of AFSCME District Council 47, sent Judge Dandridge a formal letter stating “The Union respectfully requests you investigate this matter to ensure the application process was fair and without discrimination.” Additionally, Mrs. Scott pointed out these crucial facts: “In November 2008 the Planned Parenthood (PPSP) employees were told they would have to re-apply for their positions with PHMC.

When PHMC previously assumed other contracts in the DPH (PDPH), these employees were never required to reapply for their jobs, they were just switched over to PHMC.” Why weren’t these (new) questionable employment and hiring tactics perpetrated by PHMC investigated when they have a documented history of doing otherwise?

c). On December 29, 2008, Mrs. Scott wrote a formal letter to Dr. Donald Schwarz, City of Philadelphia Health Commissioner (Judge Dandridge received a copy also). She clearly stated, “This is to follow up the discussion at the December 19th meeting regarding the contract Disease Intervention Specialists assigned to the City’s STD Clinic. You requested additional time to investigate this issue. The Planned Parenthood (PPSP) contract has been extended to 1-31-09 and PHMC will assume this contract effective 2-1-09.” She went on to elaborate about the fact that the Union filed a Unit Clarification Petition with the Pennsylvania Labor Relations Board to represent the DIS. Approximately around September 2008, the City's Labor and Employment Division attorneys requested an extension of time to address health department (PDPH) brass about DIS unionization issues and deliberately postponed, for the umpteenth time, a scheduled hearing in front of the Pennsylvania Labor Relations Board (PLRB). The PLRB granted the City a 90-day abeyance with a condition that they would conduct "good faith" negotiations (talks) with D.C. 47 lawyers (Ralph Teti). During this period, Planned Parenthood (PPSP) attorneys opted out by informing Mr. Teti and City attorneys that they would not participate in talks pertaining to PPSP contract employees and their union issues. The 90-day abeyance expired, "good faith" negotiations were never conducted (at least to our (Plaintiffs) knowledge) and a subsequent PLRB hearing was never re-scheduled or pursued by the City or D.C. 47. Additionally, during this period, PPSP declined to renew their 20-year DIS contract with the City (PDPH) and a new contract vendor, PHMC, was designated (not found) which led to this duplicitous re-hiring/ re-application process and the wrongful termination of the main DIS union organizers, Mr. Stanley, Mrs. Fleming –Myers and Mr. Bailey-Ford. Should we (Plaintiffs) have filed an “unfair labor practices” complaint against PPSP and the City of Philadelphia Department of Public Health (PDPH), also, due to the

fact that the City (PDPH) decides who to award the DIS contract to and in essence are just as culpable, because of the “dual employment” nature of this ambiguous contract? Do any of these acts by the above entities constitute a violation of the NLRA which states “They cannot by the nature of the work assignment, create conditions intended to get rid of any employee because of his or her union activity” and “They cannot lay off or discharge any employee for union activity?”

76. Why weren’t managers from the City of Philadelphia Department of Public Health (Dr. Caroline Johnson and Barry Dickman) and from the CDC (Melinda Salmon and Andrew Del Los Reyes) queried about the major role they played in influencing the outcome of the decision not to hire the complainants (Plaintiffs)?

a) Dr. Johnson has the authority and is a major decision-maker for the City of Philadelphia in awarding contracts to vendors who perform functions on behalf of the health department. She then, alongside CDC managers (with little or no “hands-on” involvement or interaction from the contract vendor i.e. Planned Parenthood), is responsible for overseeing contract DIS’ daily activities via City health department (PDPH) protocols, directives, assignments et cetera. In July of 2007, she requested manpower help from CDC brass in Atlanta due to a staffing crisis that she quoted "is threatening to undermine program operations at all levels." With Philadelphia’s HIV/AIDS rates five times the national average and two times greater than New York City and syphilis infections in outbreak status, why would the City's health department (PDPH)- in cooperation with PHMC and CDC managers-fire 3 (Plaintiffs) proven commodities (who were experienced, veteran and seasoned Disease Intervention Specialists) when epidemic conditions are worse and these same manpower issues that are “undermining program operations” still exist in 2009?

b) Like Myra Woll, Andrew Del Los Reyes, had no experience (clueless) in working at an STD Control Program and was just hired in November of 2008, approximately a month before Melinda Salmon assigned him the arduous task of interviewing and rating potential candidates for the DIS position with PHMC. The only interviewer with DIS experience was Anthony Lloyd, but his knowledge, skills and assessment was dated since he left the program over 10 years ago to become a city employee in the tuberculosis unit.

Mr. Lloyd was allowed to rate potential DIS candidates (except the ones he personally knew real well like Mr. Bailey-Ford), but was excluded from the final decision-making and hiring process.

c) During the NLRB’s initial investigation, were all physical documents (i.e. interviewers score sheets, essay questions, other criteria) reviewed for accuracy that pertained to the ratings of each interviewee to compare and contrast a candidate with 3-5 years of experience, less than two or none at all (for example new hire, Tameka Matthews) versus the years of experience and disease control expertise of the three complainants (Plaintiffs)?”

COUNT XI

(Conspiracy to Wrongfully Terminate Employment - Abusive Discharge)

Plaintiffs TNAG sues defendants CDC, PDPH, PHMC and PPSP for their complicity, collaboration and corruption which led them to willfully and maliciously conspire to terminate TNAG Plaintiff's employment at the PDPH's office. In support of these claims, Plaintiffs repeat, re-allege and incorporate by reference herein all of the factual evidence, supporting documentation and inclusive statements, in paragraph 1 through 76, and of the aforementioned counts that substantiate Plaintiffs' charges in this civil action.

COUNT XII

(Conspiracy to Intentionally Inflict Emotional Distress)

Plaintiffs “TNAG” sues defendants CDC, PDPH, PHMC and PPSP for their complicity, collaboration and corruption which led them to intentionally and maliciously conspire to inflict emotional distress upon TNAG Plaintiffs. In support of these claims, Plaintiffs repeat, re-allege and incorporate by reference herein all of the factual evidence, supporting documentation and inclusive statements, in paragraph 1 through 76, and of the aforementioned counts that substantiate Plaintiffs' charges in this civil action.

COUNT XIII

(Defamation)

Plaintiffs “TNAG” sues defendants CDC, PDPH, PHMC and PPSP for their complicity, collaboration and corruption which led them to willfully conspire to defame the character of TNAG Plaintiffs. In support of these claims, Plaintiffs repeat, re-allege and incorporate by reference herein all of the factual evidence, supporting documentation and inclusive statements, in paragraph 1 through 76 (specifically paragraph number 8), and of the aforementioned counts that substantiate Plaintiffs' charges in this civil action.

WHEREFORE, Plaintiff(s) Respectfully Request that the Court:

As a direct result of the defendants' wrongful termination of the TNAG Plaintiffs and "Dereliction of Duty" against the CDV Plaintiffs, as detailed in the counts/charges of this Civil / Class Action, it will be almost impossible for them to obtain employment as a DIS (of which, professionally, Plaintiffs dedication/commitment and passion towards serving the CDV were undeniable), because the defendants control and have a monopoly on this field of employment. Any employee fired by the defendants, from a job requiring skills specialized for Public Health employment, will be unable to find employment in other private, municipal, state or federal disease prevention agencies. Efforts by the Plaintiffs to resolve these matters, amicably, have been attempted for several years. However, the defendants either ignored and/ or increased their retaliation against the Plaintiffs raising these issues. Due to the nature of the unresolved problem(s) herein, this Civil / Class Action will require punitive and compensatory damages yet to be determined by the TNAG and CDV Plaintiffs. But upon / after a "jury trial" where the "preponderance of the evidence" (i.e., that it is more likely than not) is shown, prayerfully, the defendants will be held accountable for causing the harm the Plaintiff(s) have suffered.

Mr. Emanuel A. Stanley, PHA, USA Veteran tnagusa@gmail.com
Mr. Brian C. Robinson, PHA, USN Veteran tangusa@gmail.com
P.O. Box 587 Feasterville, PA 19053
Pro Se Litigants for Plaintiff(s)

"Right 2 Know" & "Right 2 Exist"

Thursday, November 5, 2009

Civil Action Number CV 09-5011

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