August 22, 1998
Deliver directly to:
Deliver directly to:
RE: National School-to-Work Office issuing misinformation
Dear Secretaries Riley and Herman:
On June 22, 1998, I sent you a letter concerning disturbing events that took place at a National School-to-Work meeting held in Cleveland, Ohio, on June 14-18, 1998.
In light of the fact that my eviction from the meeting was at the hand of School-to-Work operatives, I cannot fathom why you thought it appropriate to instruct the NSTWO to reply to my previous letter.
In response to my demand to know under what authority I was ousted from the
meetings, NSTWO operatives inaccurately paraphrased an exception to The
Federal Advisory Committee Act, part of the The Unfunded Mandates Reform Act of 1995
(also known as Senate Bill 1), as the basis for barring me from the meeting, saying,
"In passing the Act, Congress carved out an exception to the Federal
Advisory Committee Act (FACA) allowing State and Federal officials to meet without
public participation to exchange views and advice relating to the management and/or
implementation of intergovernmental responsibilities or administration."
"In passing the Act, Congress carved out an exception to the Federal Advisory Committee Act (FACA) allowing State and Federal officials to meet without public participation to exchange views and advice relating to the management and/or implementation of intergovernmental responsibilities or administration."
Even if such language was law, and it clearly is not, my participation as an elected member of the Ohio State Board of Education could not be construed as "public participation."
The correct wording of the Unfunded Mandates Reform Act of 1995 reads:
SEC. 204. STATE, LOCAL, AND TRIBAL GOVERNMENT INPUT.
(a) IN GENERAL- Each agency shall, to the extent permitted in law, develop an effective process to permit elected officers of State, local, and tribal governments (or their designated employees with authority to act on their behalf) to provide meaningful and timely input in the development of regulatory proposals containing significant Federal intergovernmental mandates.
(b) MEETINGS BETWEEN STATE, LOCAL, TRIBAL AND FEDERAL OFFICERS- The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to actions in support of intergovernmental communications where--
(1) meetings are held exclusively between Federal officials and elected officers of State, local, and tribal governments (or their designated employees with authority to act on their behalf) acting in their official capacities; and
(2) such meetings are solely for the purposes of exchanging views, information, or advice relating to the management or implementation of Federal programs established pursuant to public law that explicitly or inherently share intergovernmental responsibilities or administration.
Accordingly, attendance of an elected officer is essential for the exception to be valid. Excluding elected officials, such as myself, renders the exception null and void. Furthermore, the letter from NSTWO misleads readers into thinking that just "two sessions" were involved when in fact one so-called session lasted a full day!
So tell me, and the American people:
In closing, I will refresh your memory by repeating a sentence from my June letter: "Ms. Lynn, Ms. Powers, Mr. Woolfolk, and Mr. Charner should be fired and their positions filled by people who have a firm understanding of, and respect for, how representative government is supposed to work. " I stand by that statement and truly marvel that instead of firing, or severely reprimanding Ms. Powers, she has been appointed Director of the National School-to-Work Office. Apparently, you thought her actions worthy of promotion; few would agree.
Please see the attached FOI Request. I look forward to your letter of reply and a timely response to my FOI request.
On behalf of my constituents,
Diana M. Fessler
U.S. Senator Trent Lott
Comments herein do not reflect the official policy of the state board unless specifically indicated.
Pursuant to the Freedom of Information Act, I, Diana M. Fessler, elected member of the Ohio State Board of Education, do this date, August 31, 1998, formally request that your respective agencies and/or representatives send me following materials:
In the broader context of the development and implementation of education restructuring and economic development:
Diana M. Fessler · 7530 Ross Road, New Carlisle, Ohio 45344 (937) 845-8428
Diana M. Fessler
· 7530 Ross Road · New Carlisle, OH ·