The Ottumwa Courier

AP Iowa

August 20, 2013

US attorney secretly monitored workers' attendance

(Continued)

Kudej didn't return a phone message. In a deposition, Kudej said Rose offered him another spot on her management team that he declined.

Rose and Baumann testified that they pulled security badge data to check on the arrival times of at least five government lawyers and employees that Rose said she had reason to believe were not always working full days. In some cases, they pulled data showing when employees were logged into their computers.

Such monitoring is legal, but Fagg's attorneys have questioned whether it was used to unfairly scrutinize disfavored employees. Rose and Baumann declined comment Tuesday through a spokesman for the U.S. Attorney's Office in Chicago, which is defending the Department of Justice against Fagg's lawsuit.

Rose identified the employees who faced monitoring as Fagg and fellow assistant U.S. attorneys Martin McLaughlin, Stephanie Wright, and Dan Tvedt, and former legal assistant Christy White.

Shortly after their names were released, a Department of Justice lawyer said in a filing last week that it was a mistake to identify employees who were "subject to internal scrutiny and personnel actions" and asked a judge to remove their identities to protect their privacy rights. Another government filing seeks to remove a reference to an unidentified prosecutor who was disciplined after being caught with pornography on a government-issued Blackberry.

A judge hasn't ruled on the requests.

Rose and Baumann testified that the employees generally were not told they were monitored. If they were gone during work, Rose said she would either ensure they had taken leave or dock their pay if they hadn't. She said all employees but Fagg and White stopped having issues and didn't face discipline.

Rose said she had problems with White's "attendance and tardiness" for years and that White resigned rather than face termination.

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