<DOC> [109 Senate Hearings] [From the U.S. Government Printing Office via GPO Access] [DOCID: f:30596.wais] S. Hrg. 109-902 NOMINATIONS OF WAYNE C. BEYER AND STEPHEN T. CONBOY ======================================================================= HEARING before the COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS UNITED STATES SENATE ONE HUNDRED NINTH CONGRESS SECOND SESSION ON THE NOMINATIONS OF WAYNE C. BEYER TO BE MEMBER, FEDERAL LABOR RELATIONS AUTHORITY, AND STEPHEN T. CONBOY TO BE U.S. MARSHAL, SUPERIOR COURT OF THE DISTRICT OF COLUMBIA __________ SEPTEMBER 13, 2006 __________ Available via http://www.access.gpo.gov/congress/senate Printed for the use of the Committee on Homeland Security and Governmental Affairs __________ U.S. GOVERNMENT PRINTING OFFICE WASHINGTON : 2007 30-596 PDF For Sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; (202) 512-1800 Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001 COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS SUSAN M. COLLINS, Maine, Chairman TED STEVENS, Alaska JOSEPH I. LIEBERMAN, Connecticut GEORGE V. VOINOVICH, Ohio CARL LEVIN, Michigan NORM COLEMAN, Minnesota DANIEL K. AKAKA, Hawaii TOM COBURN, Oklahoma THOMAS R. CARPER, Delaware LINCOLN D. CHAFEE, Rhode Island MARK DAYTON, Minnesota ROBERT F. BENNETT, Utah FRANK LAUTENBERG, New Jersey PETE V. DOMENICI, New Mexico MARK PRYOR, Arkansas JOHN W. WARNER, Virginia Brandon L. Milhorn, Staff Director Jennifer A. Hemingway, Professional Staff Member Theresa Prych, Professional Staff Member, Oversight of Government Management, the Federal Workforce, and the District of Columbia Subcommittee David Cole, Professional Staff Member, Oversight of Government Management, the Federal Workforce, and the District of Columbia Subcommittee Michael L. Alexander, Minority Staff Director Adam R. Sedgewick, Minority Professional Staff Member Jennifer L. Tyree, Minority Counsel, Oversight of Government Management, the Federal Workforce, and the District of Columbia Subcommittee Trina Driessnack Tyrer, Chief Clerk C O N T E N T S ------ Opening statement: Page Senator Voinovich............................................ 1 WITNESSES Wednesday, September 13, 2006 Hon. Judd Gregg, a U.S. Senator from the State of New Hampshire.. 1 Wayne C. Beyer, to be Member, Federal Labor Relations Authority.. 3 Stephen T. Conboy, to be U.S. Marshal, Superior Court of the District of Columbia........................................... 4 Alphabetical List of Witnesses Beyer, Wayne C.: Testimony.................................................... 3 Prepared statement........................................... 9 Biographical and professional information.................... 10 Responses to pre-hearing questions........................... 18 Letter from U.S. Office of Government Ethics................. 30 Letter of support from Hon. Charles Bass and Hon. Jeb Bradley, Representatives in Congress from the State of New Hampshire.................................................. 31 Conboy, Stephen T.: Testimony.................................................... 4 Prepared statement........................................... 32 Biographical and professional information.................... 34 Responses to pre-hearing questions........................... 39 Additional questions submitted by Senator Lautenberg......... 56 Letter from U.S. Office of Government Ethics................. 58 Gregg, Hon. Judd: Testimony.................................................... 1 NOMINATIONS OF WAYNE C. BEYER AND STEPHEN T. CONBOY ---------- WEDNESDAY, SEPTEMBER 13, 2006 U.S. Senate, Committee on Homeland Security and Governmental Affairs, Washington, DC. The Committee met, pursuant to notice, at 2:33 p.m., in room 342, Dirksen Senate Office Building, Hon. George V. Voinovich, presiding. Present: Senator Voinovich. OPENING STATEMENT OF SENATOR VOINOVICH Senator Voinovich. The Committee will come to order. Today, the Committee on Homeland Security and Governmental Affairs meets to consider the nominations of Wayne Beyer to be a Member of the Federal Labor Relations Authority and Stephen Conboy to be U.S. Marshal for the Superior Court of the District of Columbia. I would like to extend my warm regards to both Mr. Beyer and Mr. Conboy. I would like to say how pleased I am that both of you continue to use your talents to serve your Nation. I would also like to thank your families, who make significant sacrifices in order for you to pursue professions in public service. Mr. Beyer, the Federal Labor Relations Authority has the responsibility to adjudicate disputes arising out of the Civil Service Reform Act of 1978, including determining what is negotiable through collective bargaining agreements, appeals over unfair labor practices, and hearing petitions for union representation of Federal employees. While governor of Ohio, I spent a significant amount of my time working to improve labor-management partnerships in Ohio State agencies. Mr. Beyer, I look forward to discussing with you the status of labor-management relations within the Federal Government. I welcome my friend and Senator and colleague, Senator Judd Gregg, who is here to introduce Mr. Beyer. Senator Gregg, we are very happy that you are here today with us, and we look forward to hearing from you. TESTIMONY OF HON. JUDD GREGG, A U.S. SENATOR FROM THE STATE OF NEW HAMPSHIRE Senator Gregg. Thank you, Senator Voinovich, and it is a pleasure to be here before your Committee to introduce and strongly support the nomination of Wayne Beyer. Mr. Beyer and I go back a long way, over 20 years, actually, as his career started out in New Hampshire. He went to Dartmouth College and then got a graduate degree, I believe, at Harvard. He practiced law in New Hampshire for a significant amount of time. I have known him as a friend and as someone who always represented a commitment to public service. Back when I was governor, I tried to sign him up to come into the State government, but at that time, he was a young lawyer just trying to get started, and it is a little bit expensive to come into the State service, but he has requited himself extraordinarily well. As a member of this Administration, as an Administrative Appeals Judge, he understands the issues which will be before him on the Federal Labor Relations Authority. He will bring integrity, intelligence, and capability to this, and he is fair-minded and that is what you want from someone in this position. I hope this Committee will act favorably on his nomination, and I appreciate the chance to have the opportunity to come here and testify on his behalf. Senator Voinovich. Thank you very much. I know that you have a busy schedule today, so I thank you very much for coming today. Senator Gregg. Thank you. Senator Voinovich. Mr. Beyer, Senator Gregg must think a great deal of you. Mr. Beyer. Thank you. Senator Voinovich. Mr. Conboy, as you are well aware, the U.S. Marshals Service is our oldest Federal law enforcement agency. In the District of Columbia, the Marshals Service has the significant responsibility of providing law enforcement for the Federal courts. With 23 years of experience with the U.S. Marshals Service, Mr. Conboy has served in numerous positions throughout the agency, including Deputy U.S. Marshal, Senior Inspector, Supervisory U.S. Marshal, Chief Deputy, and his current position as Acting U.S. Marshal for the Superior Court of the District of Columbia. Prior to joining the Marshals Service, Mr. Conboy served in the U.S. Marine Corps. I believe that both of the nominees today are well qualified for the positions for which they have been nominated, and I look forward to hearing from them about their qualifications and other reasons for pursuing public service. It is the custom of this Committee to swear in witnesses, and if you will both stand up, I will swear you in. Do you swear that the testimony you are about to give is the truth and nothing but the truth, so help you, God? Mr. Beyer. I do. Mr. Conboy. I do. Senator Voinovich. Thank you. I understand that both of you have friends and relatives here today, and supportive colleagues, and I thought that I might give you an opportunity to introduce them. Mr. Beyer, we will start with you. Mr. Beyer. Thank you, Senator. I am here with Dale Cabaniss, the Chair of the FLRA; Colleen Kiko, who is the General Counsel of the FLRA. I note that Carol Waller Pope, who is the other member of the FLRA, is also here, and I don't see anyone else. Thank you, Senator. Senator Voinovich. Thank you. Mr. Conboy. Mr. Conboy. Thank you, Senator. I would like to first recognize my biggest supporter, my wife of 30 years, Elizabeth. She is a teacher with Fairfax County Public Schools and has spent the past 2 years earning a second Master's degree in education with Virginia Tech and the immediate past year as an assistant principal intern at Lorton Station. I am most proud of her. Our two daughters, Anna and Sarah, could not be here today. I would like to introduce, as well, the Hon. Chief Judge Rufus G. King III, the Hon.---- Senator Voinovich. It is nice to have you here with us. Thank you for being here. Mr. Conboy [continuing]. Judge Gregory Jackson; the Hon. Pete Elliott, U.S. Marshal for the Northern District of Ohio; the Hon. George Walsh, U.S. Marshal for the District of Columbia. I may mention that there are actually two districts within the District of Columbia, U.S. District and the Superior Court, as well. There are a number of other friends and supporters here. Senator Voinovich. We are glad to have all of you here, and Mrs. Conboy, I thank you for the sacrifice that you have made so that your husband can serve. I am sure you thank him for the sacrifice he makes so you can serve our public schools. Mrs. Conboy. Absolutely. Senator Voinovich. We have questions that we ask all of the nominees here before this Committee. I will ask these questions of both of you. First, is there anything that you are aware of in your background that might present a conflict of interest with the duties of the office to which you have been nominated? Mr. Beyer. No, Senator. Mr. Conboy. No, sir. Senator Voinovich. Do you know of any reason, personal or otherwise, that would in any way prevent you from fully and honorably discharging the responsibilities of the office to which you have been nominated? Mr. Beyer. No, Senator. Mr. Conboy. No, Senator. Senator Voinovich. Do you have any reason, personal or otherwise, that would in any way prevent you from serving the full term for the office to which you have been nominated? Mr. Beyer. No, Senator. Mr. Conboy. No, Senator. Senator Voinovich. I would welcome comments from you, Mr. Beyer, about why you are interested in being appointed. I will then call on you, Mr. Conboy. TESTIMONY OF WAYNE C. BEYER,\1\ TO BE A MEMBER, FEDERAL LABOR RELATIONS AUTHORITY Mr. Beyer. Thank you, Senator. I do have a brief statement. --------------------------------------------------------------------------- \1\ The prepared statement of Mr. Beyer appears in the Appendix on page 9. --------------------------------------------------------------------------- Chairman Voinovich and distinguished Members of the Committee, I am honored to appear before you today as the President's nominee to be a Member of the Federal Labor Relations Authority. My career is about evenly divided between private practice in New Hampshire and public service here in Washington. The submissions provide the details. My strengths include an ability to understand the facts and analyze and apply the law, write well analytically, work productively, and work collegially. Four-and-a-half years as an Administrative Appeals Judge adjudicating cases arising under worker protection laws will be good preparation for the FLRA if I am fortunate enough to serve in that capacity. I want to recognize and thank those who have contributed to the nomination process, Katja Bullock of the White House, Dale Cabaniss, Chair of the FLRA, the Senate staff, especially Jennifer Hemingway, my friend, Judd Gregg, the senior Senator from New Hampshire, for his kind remarks, the Committee for its time and attention, and, of course, the President for the confidence placed in me. The only way I can prove my gratitude is to perform to the best of my ability if I am confirmed for this important position. I will answer any questions that you have, Senator. Senator Voinovich. Thank you. Mr. Conboy. TESTIMONY OF STEPHEN T. CONBOY,\1\ TO BE U.S. MARSHALL, SUPERIOR COURT OF THE DISTRICT OF COLUMBIA Mr. Conboy. Thank you, Chairman Voinovich. I would like to thank our President and Commander in Chief for nominating me to this position and to the Attorney General for appointing me to be the Acting U.S. Marshal, a position that I have held since January 2004, and for his confidence in me for this nomination. I would like to recognize and express my sincere appreciation to Mayor Anthony Williams for recommending me to the White House for this position. --------------------------------------------------------------------------- \1\ The prepared statement of Mr. Conboy appears in the Appendix on page 32. --------------------------------------------------------------------------- As a career Deputy U.S. Marshal with 23 years of experience with the U.S. Marshals Service, I am most proud of being associated with such a fine cadre of brave and dedicated men and women that I have the privilege of working with at Superior Court. The District of Columbia can be proud of the tremendous service that they provide to both this community and to their Nation each day. I look forward to responding to whatever questions the Committee may have. Senator Voinovich. Thank you. Mr. Beyer, while the statute divides the Board membership between the two political parties, I believe its judicial function demands members of the Federal Labor Relations Authority to not hold political biases. Do you agree with that? Mr. Beyer. Yes, I do, Senator. Senator Voinovich. What is your philosophy in approaching this position? Mr. Beyer. I look at this position as a quasi-judicial position. It is not a policy-making or management position. I would approach each case on its merits, scrupulously applying the law to the facts of each individual case without any predisposition, without any bias. As I think the Senator knows, I have had a similar role for the last 4\1/2\ years in the Department of Labor, and I think this would be a good opportunity for me to continue in that kind of role. Senator Voinovich. Do you have any comments about the current state of labor relations in the Federal Government? Mr. Beyer. I think, Senator, they are good at the Department of Labor under the guidance of Secretary of Labor Elaine Chao. Outside of the Department of Labor, my knowledge is a little bit more secondhand and more anecdotal. I realize that there is some fluctuation with regard to the Department of Defense and Homeland Security. By and large, I think labor relations are quite stable within the Federal Government, with perhaps those exceptions. I look forward, hopefully, to making my own contribution through the decisions of the cases that arise before me as a member of the FLRA. Senator Voinovich. Mr. Conboy, having served as Acting U.S. Marshal for a while, you have had an insight into some of the challenges inherent in the job. Could you share with me what you think is the biggest challenge facing the U.S. Marshals Service Superior Court Office? Mr. Conboy. Senator, I believe the biggest challenge would be in the formulation as to how we approach the resources that are allocated at Superior Court. The functions at Superior Court are very unique to the Marshals Service in that I really serve as the de facto sheriff, if you would. It is a very challenging environment. We perform functions that are not performed anywhere else in the country by the Marshals Service. It is a challenge to ensure these---- Senator Voinovich. Could you give me some examples of that? Mr. Conboy. Well, one would be performing evictions for the District of Columbia. That is a function that is primarily executed by a county sheriff. We perform upwards of 60 of those a day within the District of Columbia. It is a very challenging job--the security aspect of it, the accountability of performing that on a day-to-day basis. Senator Voinovich. Do you have the resources you need to get the job done? This Committee heard testimony from Secretary Chertoff yesterday and questioned him about whether or not he had the resources to do the job we have asked him to do. Mr. Conboy. I believe that we are using the resources that you have provided to us to the very best of our ability. Of course, we could always do more, and we are certainly always performing analysis for what we need to get the job done. Senator Voinovich. What steps have you taken to ensure that all of your employees, including the detention enforcement officers and the Deputy U.S. Marshals, are provided equality of opportunity in terms of training? Mr. Conboy. We have a very vigorous program that ensures that deputies at Superior Court are provided the training and the detention officers are provided the training that is required to get the job done. We have mandatory basic and refresher training that is put on at FLETC in Brunswick, Georgia. Senator Voinovich. Do you have a tough time recruiting employees? Mr. Conboy. Of course, that is performed on a national level, Senator, so I know that it is an ongoing process. It is a very difficult and cumbersome process, and I would commend our Human Resources Division for the work that they do in getting those men and women into the ranks. Senator Voinovich. In effect, they scour the country for people that might be interested and provide you with a pool of available applicants? Mr. Conboy. Yes, they do, Senator. Senator Voinovich. I understand that, in 2004, the U.S. Marshals Service entered into an intergovernmental agreement with the District of Columbia Department of Corrections for the transportation of prisoners. How is this agreement working? Mr. Conboy. I believe that agreement is working absolutely fantastic. It has been an absolute win-win for the Federal Government and for our partners in the District of Columbia. It ensures the timely and safe delivery of prisoners to the courthouse, and, of course, that is something that allows us to free up deputies to perform other functions, such as pursuing fugitives. Senator Voinovich. Once someone is convicted, what is the status of the jail facilities? Mr. Conboy. I am sorry, Senator, the status of the jail facilities? Senator Voinovich. I remember the conditions of the Federal facilities in Ohio when I was governor. So I am curious what is the condition of the jail facilities today? Once these folks are convicted, I suspect that you are the ones that have to take them wherever they are going to end up in jail. Mr. Conboy. That is correct, Senator. Senator Voinovich. What about the capacity? Do you have enough jail space out there today or are the facilities crowded? Mr. Conboy. I believe we do, Senator. That population fluctuates daily. It is something that we in the criminal justice community keep an eye on very closely. Certainly, there has been mandates and caps over there. Presently, we do not have a concern. One of the differences is that the prisoners coming from Superior Court are not remanded to the U.S. Marshals Service until such time as they are sentenced, unlike U.S. District Court, where they are remanded as soon as they are taken into custody and ordered so by the court. So we really--the population issue, and it is a shared issue, it is not just the Department of Corrections, it is Superior Court and U.S. District Court, and it is something that, as partners, we have to keep our eye on all the time. Parolee issues, prisoners that are being arrested on a daily basis because of new crime initiatives, those all have impacts on the population. But I will say that we, as partners, have done an absolutely fantastic job in formulating a Memorandum of Understanding that expedites the process so that as soon as they receive a judgment and commitment, we have a time frame in place where we are removing them from the District to their designated facilities within 21 days. So it is a very timely process, and it is one that is being used as a template across the country. Senator Voinovich. So you believe you have adequate facilities to hold convicted individuals during the interim period, and, within 21 days, you transport them to wherever they have been sentenced to? The reason I am asking is that in my State, we are seeing a tremendous overcrowding of our prisons. There has been, for some reason, an uptake in crime. I remember while I was governor, things started to subside a bit, but now it appears they are again overcrowded. You are telling me that you are not having that problem on the Federal level? Mr. Conboy. Presently, no, not within the District of Columbia. Senator Voinovich. Do either one of you have anything else you would like to say, other than your desire for the Committee to move quickly? Mr. Beyer. No, but thank you, Senator, very much for the opportunity to appear before this Committee. Senator Voinovich. Great. I am pleased that both of you are here, and again, as I mentioned in my earlier remarks, thank you for your willingness to serve your country in the capacity that the President has nominated you. I wish you good luck, and we will do what we can to move your nominations along. Mr. Beyer. Thank you. Mr. Conboy. Thank you. Senator Voinovich. The hearing is adjourned. 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