Persecution via Evaluation

Copyright © James Henry Graf, 1996-2013

Throughout the 1980s, the egregiously unscrupulous administrators of the New York State Office of Mental Retardation and Developmental Disabilities used all the power and influence at their disposal to eliminate employees they didn't like. Obscenely intrusive, unbelievably extensive "lifestyle" investigations became a powerful administrative tool for staff reduction through intimidation -- blackmailing, blackballing, and blacklisting. At least one of my colleagues was blackmailed out of her job.

These investigations and resultant "evaluations" are a key issue in my case and, perhaps, those of others. The purpose of the "evaluations" was to show that a person had serious psychiatric problems or behavioral aberrations that merited arrest or removal from the payroll. Attended by psychiatric and law-enforcement personnel, these were ex-parte kangaroo-court proceedings conducted, apparently, under the auspices of the New York State Office of Mental Health. Administrators presented "evidence" (usually fabricated, planted, or illegally obtained), photographs (either falsified or the fruit of obscene invasion of privacy), and testimony (usually perjured). Persons so "evaluated" were not informed, before or after the fact, could not participate, had no access to the "evidence" presented therein, were never permitted to submit evidence on their own behalf, could not cross-examine witnesses or summon witnesses on their behalf, and could never obtain access to the records. These records were nevertheless disclosed (with the final decision blanked out) to numerous individuals, agencies, and organizations for the purpose of defaming the individual. Administrators used this mighty compendium of hate propaganda to "compliment" others -- win their cooperation or acquiescence in these civil rights crimes.

Union members and officials (Public Employees Federation) freely participated in this process, refused to discuss it, and would not advocate on behalf of any grievance protesting it. I filed a grievance that insisted on access to the records. The State responded by denying that any such evaluations were taking place. At 1:45 PM on August 14, 1986, however, I heard a female voice outside my office saying "Evaluation -- James Graf." Her male companion "shushed" her, whereupon she asked, in subdued tones, "Where is he?" It's dirty, dirty stuff -- outrageous abuse of public power that nobody has ever been willing to talk about.

I never faced any charges. They knew their garbage couldn't stand up in court. It doesn't have to. The persecution is extra-judicial. The criminals work through slander and innuendo, under color of law but outside the law. They are outlaws, and, though the law ought to provide protection against their horrendous abuse of public power, officials will not bring them to justice.

Here are some of the nefarious activities that provided "evidence" for these "evaluations."

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