Ombudsman flip-flops on subpoena

Despite a public announcement welcoming an investigation into the hiring of a resident alien at Interior’s Ombudsman office here, Pamela Brown refuses to release subpoenaed documents by appropriate local authorities.

In a letter to Gregory V. Baka of the US Attorney’s Office, a source from the Attorney General’s Office points to the flip-flop decision by the Ombudsman.

According to the source, who requested anonymity, Ms. Brown has promised to provide the necessary document “within hours” after a subpoena was served May 16 by authorities regarding the employment status of Fu Min Kirk with the federal agency.

“In our view, the Ombudsman waived any objections to the subpoena,” the source said, adding that Ms. Brown promised to provide the documents, including employment application and personal file of Ms. Kirk, the following day “to put to rest any speculation about this matter.”

“Now, the Ombudsman refuses to produce any documents which does not put to rest any speculation,” the source commented.

The source further said: “We are puzzled by your (Ms. Brown) letter’s reference to the subpoena serve on Ms. Kirk…as an ‘independent contractor’ and not as a federal employee.”

“Ms. Kirk is represented by private counsel of record in this case…is under subpoena to produce all responsive documents in her possession, custody or control…and the US lacks standing or authority to object to such production,” the source added. “To my knowledge the U.S. Attorney’s Office does not represent independent contractors.”

At issue is whether Ms. Kirk misrepresented her criminal record in her application for employment with the federal Labor Ombudsman Office.

Local Immigration Officer John Taitano said in a declaration that on April 26 Ms. Kirk sought petitioning of her parents into the U.S. at the INS office here.

“Mr. Oscar Martinez asked Ms. Kirk if she has ever been convicted of a felony. Ms. Kirk responded, ‘Not to my knowledge,'” according to Mr. Taitano, who was personally involved in the defendant’s case. He said, “Ms. Kirk intentionally misrepresented her criminal record to Mr. Martinez”.

In recent weeks, the Tribune contacted the Ombudsman Office here. The call was taken by Ms. Kirk who confirmed her employment with that office.