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[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
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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
__________
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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
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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
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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.
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\1\ The prepared statement of Mr. Beyer appears in the Appendix on
page 9.
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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.
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\1\ The prepared statement of Mr. Conboy appears in the Appendix on
page 32.
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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.
[Whereupon, at 2:55 p.m., the Committee was adjourned.]
A P P E N D I X
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