2 5 7 6 2 Madison Avenue
Murrieta, CA 92562
US. Customs and
Border Protection
July 14, 2014
Mr. Ronald Zermeno
Border Patrol Agent
Murrieta Station
San Diego Sector
Agent Zermeno:
This notice constitutes a proposing to officially reprimand you for the following reasons:
CHARGE 1: UNAUTHORIZED DISCLOSURE
Specification 1: In an article from Fox News local, dated July 2, 2014, entitled "All-Star Panel:
Humanitarian and Political Crisis Over Immigration," you stated: "All of our operations have
been suspended. Everybody in the field have been taken out and placed to process. We're
understaffed." This statement was broadcast on all local networks (Fox News, ABC, NBC) to
include social networks (i.e., twitter, facebook, etc). You were unauthorized to provide
operational information.
Specification 2: In an article from NBC 7 local news, dated July 7, 2014 entitled
"Undocumented Women, Children Face Angry Protests in California," you stated "As of
Wednesday, 40 immigrants were being detained at the Brownfield Station in Otay Mesa, 42 were
sent to Imperial Beach Station, 17 were moved to the Boulevard Station, and 40 are in quarantine
in Chula Vista." You were unauthorized to provide operational information.
Specification 3: In an article from ABC 10 local news, dated July 7 2014 entitled "Border
Patrol Union Official Under Gag Order, Says No Agents Securing Border" you stated "As long
as they send the bodies up there (to Murietta) to be processed, there will be no agents
patrolling ... " You were unauthorized to provide operational information.
Specification 4: In an article from the National Review Online Press, dated July 8, 2014
entitled: "Border Patrol Tells Agent: 'You Must Cease and Desist' from Speaking with Media,''
it stated that you provided a copy of a document to the Press issued to you by San Diego Sector
regarding information of the following: " ... two Border Patrol Agents from Brown Field Border
Patrol Station contracted scabies ... '' The article goes on to say "Zermeno has spoken to local
news outlets about the scabies outbreaks too." You were unauthorized to provide operational
information.
CHARGE 2: FAILURE TO FOLLOW INSTRUCTIONS
Background: As a result of the news broadcast that took place on July 2, 2014, you were
verbally instructed, via telephone. by Watch Commander William Martin on July 3. 2014 that
you are being issued a memorandum of instruction advising you to cease and desist from
releasing sensitive operational information to the media. Subsequently, these instructions were
followed by a written letter of instruction issued to you on July 6, 2014.
Specification: After the issuance of the verbal cease and desist order on July 3, 2014 and the
written memorandum of instruction issued on July 6, 2014, you continued to make statements, as
referenced above in Charge 1, Specifications 2, 3, and 4, to the media concerning operational
information. You failed to follow instructions.
In proposing this action, I considered the nature and seriousness of your actions in relation to
your duties, position, and responsibilities as a Border Patrol Agent (BPA). First and foremost,
as a BP A, you are held to a high standard and must abide by the Customs and Border Protection
(CBP) Directive No. 51735-0 l 3A Standards of Conduct, Section 6.5 .1 which states: "Employees
will not disclose, use, or store official information without proper authority. Information that is
protected from disclosure by statute, Executive Order or regulation; proprietary business
information; and sensitive information retrieved from CBP automated systems. Even
information not within these categories may constitute official information for purposes of this
section. Official information includes any information that an employee acquires in connection
with CBP employment, that he or she knows, or reasonably should know, has not been made
available to the general public."
Your failure to follow instructions negatively affected the agency. The smooth operation of the
station, as well as the efficiency of the Service is dependent upon employees following
procedures as required. Furthermore, the information you released to the media is information
that you do not have the authority to release. Your actions not only put the agents involved in
those operations at risk but also the detainees.
Secondly, all employees, including you, when acting in the capacity as a union official, must
adhere to Customs and Border Protection (CBP) Directive 5410-001 B dated March 18, 2009 and
acknowledge the limitations to the protections afforded in a representational capacity stated
under item #4 of the enclosed Settlement Agreement, FMCS No 090926-61285-A, which states:
'"There are limits to the protections afforded speech in a representational capacity. Those limits
would include, but are not limited to, breaches of operational security disclosure of the protected
information (e.g. classified, critical infrastructure, sensitive security information, law
enforcement sensitive, personally identifiable, sensitive but unclassified, for official use only,
information), or statements that are maliciously untrue."
I considered the memorandum by Chief Patrol Agent Paul A. Beeson, dated July 3, 2014, to all
Border Patrol Agents of the San Diego Sector reminding them of their duties to abide by all CBP
policies regarding the disclosure of operational information to the media. After you had received
the instruction to cease and desist issuing press releases and/or statements of a sensitive nature,
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you continued to do so, knowing of the consequences in doing so, as you stated to the press on or
about July 8, 2014, by saying "I'm willing to lose my job over this ... " You released and
disclosed operational information that could have compromised the security of the mission to
include endangering the safety of the Agents involved. Your conduct in the above cited incidents
cannot be tolerated.
I also considered your length of service with the federal government since May 14, 1995, your
otherwise successful performance record, and that you have no prior discipline. Furthermore,
you knew of the requirement to safeguard sensitive security information when you completed the
following Virtual Learning Center course: CBP Safeguarding Classified National Security
Information and CBP IT Security Awareness and Rules of Behavior Training. Consequently,
your actions in the above-cited incidents fully warrant this action, as it will promote the
efficiency of the Agency.
This is only a proposal. You will be allowed ten (I 0) calendar days beginning the day after you
receive this notice to request and/or provide the following:
I. You have the right to reply to this proposal orally and/or in writing, and to furnish affidavits
and other documentary evidence in support of your reply. If you wish to answer the charge
orally, you must arrange an appointment by contacting Trinidad Sims at (928) 314-6732 or
by email at trinidad.y.sims@dhs.gov. If you disagree with this proposed action, your reply
should set forth reasons for your belief that this action should not take place.
2. If you believe the time period that has transpired between the alleged infraction(s) and the
issuance of this proposal may affect your ability to present a proper or complete response,
please explain the basis for your belief. If you need additional time to prepare a response you
may request a reasonable extension of time upon a showing of good cause. A request for an
extension of time must be made in writing and contain an explanation why additional time is
needed.
3. You are entitled to be represented in this matter by an attorney, union representative, or other
representative of your choice. You and/or your representative are entitled to review the
material relied upon (enclosed) to support this action. You will be allowed a reasonable
amount of time to review the material on which this notice is based. Requests for this time to
review the material relied upon to support this action must be submitted, in advance, to your
supervisor for approval. In order for a representative to act on your behalf in this matter, you
must submit a written designation of representation signed by you and identifying that person
as your representative.
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The Deciding Official is the Assistant Chief Patrol Agent. On behalf of the Assistant Chief
Patrol Agent, you are to address all correspondence, including any request for documentation,
any written response, or any request for additional time you wish to make, to the following
address and/or facsimile number:
U.S. Customs and Border Protection
Labor and Employee Relations
ATTN: Trinidad Sims
7102 30th Street, Suite 104
Yuma, Arizona 85365
Facsimile: (928) 752-7810
Full consideration will be given to any answer and supporting evidence you submit. After your
reply is received, or after expiration of the ten (I 0) day time limit if you do not submit a reply, all
available facts will be considered by the Deciding Official and a written decision will be
furnished to you.
If for any reason, should the foregoing be related to any personal problems you may be
experiencing, I encourage you to seek assistance through the Employee Assistance Program
(EAP). This program is confidential and is provided at no cost to you. Participation in this
program is voluntary and will not jeopardize your job, future, or reputation with the Agency.
You may reach EAP at (800) 755-7002.
If you have any questions concerning this letter, your rights, or procedures regarding this
proposed action, you may contact Trinidad Sims in the Labor and Employee Relations Office at
(928) 314-6732 or email at trinidad.y.sims@cbp.dhs.gov.
You should acknowledge receipt of this letter by signing the copy provided for that purpose and
returning it to the bearer of this notice. Your signature does not mean that you agree or disagree
with its contents, and by signing, you do not forfeit any of your rights cited above.
;a~
Dave~
Walter M.
Patrol Agent in Charge
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