Sunday, September 10, 2017

OCSE PERMITTED VIOLATION OF POLICY BY EMPLOYEES TO HARASS AND INTIMIDATE CUSTODIAL PARENT

We received information from a custodial parent about an awful situation going on in her case with the Arkansas Office of Child Support Enforcement.


The ex-sister in law that the email makes reference to is Diwanya Jean Gilbert who was employed as a supervisor in the Little Rock Child Support office until her "retirement" in December 2014.


DIWANYA GILBERT

The Office of Child Support Enforcement had a policy in effect that clearly states that employees cannot access or be involved in cases in which involves a family member or relative.


Diwanya's brother, Anthony "Tony" Gilbert, had court ordered child support payments that were to be made to the Office of Child Support Enforcement.

ANTHONY C. GILBERT
Tony, did not want to pay the support for his children and fell behind a little.  He owed $12, 577.90 back in March 2013 as indicated by this court order. 

Tony had been ordered to pay just $45.00 per week by the court back in September 2012 and had a history of being in contempt for non-payment since his divorce in 1997. 

Tony is a barber and has been for several years based on posting on his facebook page.

TONY AT WORK IN 2015

TONY AT WORK IN 2014

TONY AT WORK IN 2013

In 2012, the OCSE assigned Brooke Diane Cummings as the attorney. She was the assigned attorney until she left OCSE to go to work as a Revocation Hearing Judge for the Parole Board in April 2016.

Brooke is a colorful character. Brooke liked to play kickball and hang out at Midtown Billiards.  Brooke also went to Haiti on a mission trip in 2014. In 2015 Brooke became an unmarried single parent.











Brooke had a run in with the law as a teenager and was placed in 6 months probation.

At this point we must make a disclosure, Ms. Cummings was the OCSE attorney on the case of the publisher of this blog as well. She did not to want be blogged about and in a telephone call to the publisher tearfully asked him not to do so.

Maybe it was a wild hair that made Brooke have fellow OCSE co-worker and the sister of the non-custodial parent accompany her to a court hearing and consult with her about the case. 

Whatever the reason it was pure shenanigans and OCSE refuses to comment.

 

Friday, June 17, 2016

NW ARK REGIONAL OCSE OFFICE HAS MANY COMPLAINTS - CASEWORKERS UNFAMILIAR WITH POLICIES AND PROCEDURES

We received an email from a reader that contained some disappointing information about OCSE employee YOLANDA WILLIAMS.

This is the email:


On a whim, we called the NW Arkansas Regional Child Support Office. We asked if there was a child support worker named Yolanda.  We were told. "please hold."


When the line became active again the person that answered said, "this is Yolanda."

We asked what her last name was and she refused to give it citing the "5th Amendment."

We asked her why she would tell a non-custodial parent that had an open OCSE enforcement  that the non-custodial parent could not be arrested for non-payment unless the amount was $10,000.00 or more?

Smart ass Yolanda hung up on us.  As an Arkansas citizen and taxpayer I have issues with state employee's like Yolanda that treat the people that pay her salary like shit.

In fact, the Department of Finance & Administration has a written policy that each and every DFA employee must sign and a copy of it is placed in their personnel file that specifically states that employees are to "promptly and accurately to all request for information and complaints regardless of the source."


DFA CODE OF ETHICS


Apparently Yolanda needs a remedial training course in Child Support Procedures 101.

Now we don't expect smart ass Yolanda to know the law like an OCSE attorney should, but there are training modules and OCSE policy that outline the necessary steps to collect unpaid support that OCSE workers are to take, including the suspension of licenses, and automatic pickup orders that are standard in most all OCSE cases.


Here you go Yolanda:

 Title 5 - Criminal Offenses
Subtitle 3 - Offenses Involving Families, Dependents, Etc
Chapter 26 - Offenses Involving The Family
Subchapter 4 - Nonsupport

§ 5-26-401 - Nonsupport.

(a) A person commits the offense of nonsupport if he or she fails to provide support to the person's:

(1) Spouse who is physically or mentally infirm or financially dependent;

(2) Legitimate child who is less than eighteen (18) years of age;

(3) Illegitimate child who is less than eighteen (18) years of age and whose parentage has been determined in a previous judicial proceeding; or

(4) Dependent child who is physically or mentally infirm.

(b) (1) Nonsupport is a Class A misdemeanor.

(2) However, nonsupport is a:

(A) Class D felony if the person:

(i) Leaves or remains outside the State of Arkansas for more than thirty (30) days while a current duty of support is unpaid. However, it is an affirmative defense to a charge under this subdivision (b)(2)(A)(i) that the defendant did not leave or remain outside the state with the purpose of avoiding the payment of support;

(ii) Has previously been convicted of nonsupport; or

(iii) Owes more than two thousand five hundred dollars ($2,500) in past-due child support, pursuant to a court order or by operation of law, and the amount represents at least four (4) months of past-due child support;

(B) Class C felony if the person owes more than ten thousand dollars ($10,000) but less than twenty-five thousand dollars ($25,000) in past-due child support, pursuant to a court order or by operation of law; or

(C) Class B felony if the person owes more than twenty-five thousand dollars ($25,000) in past-due child support, pursuant to a court order or by operation of law.

(c) The court may direct that a fine imposed upon conviction of nonsupport or a bond forfeited in connection with a prosecution for nonsupport be paid for the support and maintenance of the person entitled to support.

(d) A district court located in a county having a population in excess of two hundred thousand (200,000) inhabitants shall cause a warrant of arrest to be issued upon affidavit of a spouse or any person who is responsible for maintenance of a dependent child that states that nonsupport has taken place.

(e) Any person found guilty of nonsupport is also responsible for the court costs and administrative costs incurred by the court.

(f) The state may take judgment against any defendant convicted of nonsupport for any money expended by any state agency for the support and maintenance of the person with respect to whom the defendant had a duty to support.

(g) It is an affirmative defense to a prosecution under this section that the defendant had just cause to fail to provide the support.



There are other individuals that have voiced concerns or made complaints about this particular OCSE office.






OCSE Director/Administrator Alan McVey needs to get a handle on this rogue office and see that they are doing the right thing and collecting funds that are due to care for children pursuant to vaild court orders.

 

Wednesday, January 13, 2016

OCSE SENDS BILL FOR FEES NOT ASSOCIATED WITH CASE

The Arkansas Office of Child Support Enforcement was caught attempting to collect fees to which they are not entitled.

We were recently contacted by a non-custodial parent that received a bill for IV-D Fee Remittance.  The non-custodial parent was confused as their case is not a IV-D case, so they contacted OCSE. 





The OCSE attorney assigned to the case was contacted by the non-custodial parent and was informed that indeed the case was not a IV-D case.



Is this a usual mistake made by OCSE or are they trying to collect fees from this non-custodial parent for fees they do not owe?

How much money has the OCSE collected in this manner?

Wednesday, June 3, 2015

ALAN MCVEY APPOINTED AS OCSE ADMINISTRATOR

ALAN KEITH MCVEY 

Alan K. McVey took over as the OCSE Administrator, a.k.a. Director, on April, 24, 2015 with a salary of $106,942.99.

McVey grew up in Des Arc and after graduating from UALR with a degree in Political Science, he went to work for his dad's timber business.  McVey left the family business to became a loan officer at the Des Arc branch of the Farmers and Merchants Bank of Stuttgart.

In 1996 McVey joined the staff of Gov. Mike Huckabee as a policy advisor. In 1998 he was appointed as the deputy director for the Arkansas Department of Economic Development. McVey trudged along at ADED until September 2006 when he accepted a position as executive director of the Delta Center for Economic Development at Arkansas State University.

McVey left employment at ASU in February 2015 under mysterious circumstances.


McVey, as the old folks in Des Arc say, was left without a pot to piss in, and needed to find a job. When all hope was lost, providence provided a position.
Well, at least an old friend did.


MCVEY LET HIS FACEBOOK FRIENDS KNOW OF HIS GOOD FORTUNE


The old friend that bailed McVey out was none other than his former boss at the ADED, now the Director of the Arkansas Department of Finance & Administration, Larry Walther.

LARRY WALTHER - DFA DIRECTOR

You might be thinking what experience and or knowledge does McVey have of the Arkansas Office of Child Support Enforcement. Our guess is none, unless he picked up one of the brochures at the front desk when he came to check out his new office in downtown Little Rock...


Nothing in his past had anything to do with the child support system in Arkansas or elsewhere (unless he was an absent parent and paid child support).

McVey's appointment is another fine example of Gov. Hutchinson putting friends and supporters on the public payroll. Check out another blog we have about another DFA office that has some other examples of cronyism.

CLICK HERE FOR - Bad Arkansas Alcoholic Beverage Control Division

Maybe Walther is going to use McVey to clear house at OCSE like McVey did at ADEA...


CLICK FOR MCVEY'S FACEBOOK PAGE

CLICK FOR MCVEY'S TWITTER FEED

Wednesday, April 15, 2015

DAN MCDONALD RESIGNS POSITION


MCDONALD LIVING OUT LIFE-LONG DREAM OF MEETING MINNIE MOUSE
CLICK FOR DAN'S FAV TUNE

Dan McDonald has bid adieu to the Arkansas Office of Child Support Enforcement.

We don't know the exact circumstances of his departure (was he allowed to resign in lieu of being fired, or replaced by the new administration) and are not likely to find them out from the Department of Finance & Administration.

What is known for sure is that he was removed from the DFA email server on March 28, 2015.

Kay Demailly, the former Assistant Administrator and General Counsel was named as his interim replacement.




Saturday, January 24, 2015

OCSE DIRECTOR DAN MCDONALD'S CELLPHONE RECORDS OBTAINED





In response to a Freedom of Information Act request, we were able to obtain the records of the state issued cellphone of OCSE Director Dan McDonald.

A review of the documents reveals that McDonald likes to send a lot of text and video/photo messages. McDonald also appears to like to surf the web via his state issued phone, especially late in the evening.


Click to view McDonald's cellphone records

Wednesday, January 7, 2015

OCSE TELLS NON-CUSTODIAL PARENT THEY WILL CLOSE HIS ENFORCEMENT CASE IF HE DOES NOT ATTEND HEARING.




A Non-custodial parent received a crazy, confusing letter from the Arkansas Office of Child Support Enforcement that advises him that if he does not attend an upcoming hearing, his child support case will be closed. This would appear to be great news for all non-custodial parents.  If you want to have the OCSE close your case and get rid of them, simply avoid going to hearings.

Apparently the OCSE sent the non-custodial parent the letter the custodial parent should receive.

This is another example of why drastic changes need to be made at the OCSE starting with the director.

Click to view letter

Friday, December 26, 2014

OCSE DIRECTOR DAN MCDONALD USES RESOURCES OF OFFICE FOR PERSONAL USE.




In a previous post information was detailed regarding misuse of public funds by OCSE director Dan McDonald (see post dated October 16, 2014, OCSE Director Abuses Travel Funds). 

Further investigation has revealed that McDonald has also used the facsimile machine in his office and long distance services to send personal documents unrelated to his performance of duties or in connection with his employment.

McDonald should be held accountable for his actions and should be removed from his position.

Wednesday, December 10, 2014

OCSE WASTES FUNDS ON GIVEAWAY ITEMS


According to documents obtained from the Office of Child Support Enforcement, since 2010 OCSE has spent over $30,000.00 for promotional items such as pens, keychain flash lights, clips and plastic goodie bags to be given away mainly at the Arkansas State Fair.

Why does the OCSE need to waste tax funds for promotional items?  Couldn’t these funds be better used applied towards additional positions?  A large number of complaints were recently featured on several Facebook pages of local television stations and featured in on-air newscasts about lack off and extremely poor service by OCSE (see previous posts).

From emails obtained it appears that when DFA Deputy Director Tim Leathers saw all the OCSE swag at the Arkansas State Fair in 2012, he did not recall approving their purchase (DFA procedures require an approval letter from him for such items).  Subsequent emails indicate that the required approval for 2012 purchases was not given prior to the purchase of the items even though this had been an issue in 2011.  Additionally the keychain flashlights were junk and fell apart easily posing a possible choking hazard to children.  Twana Porter, Manager of Communications and Outreach for OCSE,  was so concerned about the cheap quality flashlights she purchased being a possible choking hazard, that she told Sharon Pojar, the purchasing supervisor at the time, she “will not be using them for our outreach activities”.  When Porter was contacted by this blog about what happened to the unusable flashlights, she refused to answer or comment.  The question of what happened to the flashlights that cost $2,275.00 remains unanswered at the time this post was published.

Also in 2012, Pojar asked other OCSE employees “Can we refuse the keylites? We do not fell [sic] they are a save [sic] item to dispense to the public”.  In another email Pojar berated the performance of a subordinate, Chad Bland, who apparently failed to follow established procedure regarding purchase orders which appears to have resulted in errors in orders.

A previous post revealed that the OCSE NPOWR! program spent almost a million dollars and has a failure rate of over 75%. The NPOWR! Program spent close to $5,000.00 for stationary and envelopes alone.  In the real world the NPOWR! Program would have been shut down long ago as the services it purports to offer are already being provided by the Department of Workforce Services and it is a failed program.


How long will the people of Arkansas and their elected officials allow this agency to continue in this manner?  It’s long past time for a change in leadership at the Department of Finance & Administration and the Office of Child Support Enforcement.













Tuesday, December 9, 2014

SEARCY OCSE REFUSES TO REVIEW PAYMENT RECORD WITH NON-CUSTODIAL PARENT


On October 30, 2014, Pam Lunsford, Child Support Supervisor I at the Searcy OCSE refused to review child support payment history with a non-custodial parent telling him that a recent judgment obtained by OCSE "makes anything before it invalid".

The judgment obtained by OCSE in fact "validates" the payment history which allowed OCSE to obtain a judgment for alleged missed payments. Lunsford's obsurd utterance is unfortunatley a typical response of an OCSE worker.

When confronted with possible errors made by OCSE, instead of admitting the mistake or trying to resolve the matter professionally, Lunsford refuses to answer a simple question saying "We can't give you an answer you will understand" insinuating the non-custodial is stupid.


Gary Tackett, OCSE Field Manager, looms over non-custodial parent.


Searcy OCSE video link



Lunsford gets our vote for best Grumpy Cat imitation

Friday, December 5, 2014

COMPLAINTS ABOUND ABOUT OCSE IN FACEBOOK POST




Numerous individuals voiced complaints in a post made on the Facebook page of the CBS Little Rock affilate KTHV today.

Last month the ABC Little Rock affiliate KATV ran stories and had several Facebook posts regarding complaints about the Arkansas Office of Child Support Enforcement.

Hopefully, the newly elected Governor will clean house at the OCSE to ensure that the agency is rid of its incompetent leadership and ineffective, wasteful programs.

KTHV Facebook page

Tuesday, December 2, 2014

UPDATE TO JULY 31, 2014 POST

An email chain between Dan McDonald and his DFA bosses reveals that McDonald and others liked the photo of McDonald bearing it all used on a flyer promoting this blog.



Sunday, November 9, 2014

OCSE DIRECTOR MAKES OUTRAGEOUS STATEMENTS





In a video produced for the questionable NPOWR! program, OCSE Director Dan McDonald claims that single parent homes are causing children to live in poverty and that noncustodial parents that are unemployed and cannot make child support payments are not deadbeat parents, but deadbroke parents because they are uneducated and emotionally broke. Perhaps "Deacon" McDonald needs to step down as Director and step behind the pulpit.

Click to watch the OCSE video

OCSE WASTES FUNDS ON INEFFECTIVE PROGRAM



The Office of Child Support Enforcement’s NPOWR! Program has cost taxpayers almost a million dollars, mostly in employee salaries, since 2008.  The 90 day program has a failure rate of over 75% but OCSE still wastes taxpayer’s money in a failed duplicative program.  According to OCSE the NPOWR! Program is “a partnership with the Department of Workforce Services (DWS) that offers noncustodial parents employments placement and readiness services”.


In fact the NPOWR! Program is nothing more than a boondoggle and a gross waste of state employee salaries that could be used to fund other needed positions.  If a noncustodial parent received unemployment benefits prior to being “accepted” into the NPOWR! Program, they have already used the exact same DWS services that the NPOWR! Program utilizes.  The only benefit for the noncustodial parent is that the OCSE defers punitive options such as driver’s license suspension, for the 90 day period, but OCSE could do that without the NPOWR! Program if they so desired.

This is another reason Dan McDonald should be fired and perhaps  Richard Weiss, the Director of the Department of Finance & Administration, and Tim Leathers, the Deputy Director, should be removed for allowing this terrible waste of taxpayer funds to exist in their agency.





Sunday, November 2, 2014

THOUSANDS AIR COMPLAINTS ABOUT OCSE


Little Rock television station KATV aired stories on October 30, 2014 and October 31, 2014 in which thousands of Arkansans detailed complaints about the Arkansas Office of Child Support Enforcement.

The majority of complaints concererned caseworkers and the apparent lack of training, nonexistant interpersonal skills and extremely poor customer service. Many called for OCSE Director Dan McDonald to be fired.

There is pressure from the Federal government for state child support agencies to take on visitation issues.  There are merits to this movement as the child support agency is looking out for the interest of the children, not the parents.  The Arkansas Office of Child Support Enforcement needs new leadership to fix the current problems with the agency and prepare to meet the challenges of the future.

KATV Facebook Post

http://www.katv.com/story/27171555/child-support-six-parents-six-ideas

http://www.katv.com/story/27164525/child-support

KATV / OCSE Emails

Thursday, October 30, 2014

KATV ASKS PUBLIC FOR COMMENTS ABOUT OCSE



KATV asked their Facebook users to make comments about the Arkansas Office of Child Support Enforcement and then ran a story about what the public had to say about the OCSE.  KATV is sending old Dan McDonald the comments and has requested information about complaints made to OCSE.

There are hundreds of complaints posted by custodial and noncustodial parents about OCSE caseworkers and bad experiences with OCSE.  The issues range from lazy caseworkers, delayed receipt of payments to false information reported to credit bureaus. There are several comments that even ask for old Dan McDonald to resign.

KATV News Story

KATV Facebook page


Old McDonald at his "farm"






Thursday, October 16, 2014

OCSE DIRECTOR ABUSES TRAVEL FUNDS

Documents reveal that OCSE Director Dan Donald used state funds to pay for hotel stay in Colorado with his wife.

Recently obtained documents indicate that OCSE Director Daniel G. McDonald used the state to pay for a five day stay at the Denver, CO Sheraton, in 2012 costing taxpayers $1,119.15. McDonald also used an "Executive" car service to get around Denver, also at the taxpayers expense. Not only did he fleece the taxpayers, he cheated the Denver Sheraton out of a double occupancy rate. McDonald also received 2090 Starpoints!  McDonald should do the right thing and reimburse the state for one half of the amounts he charged on his expense report.








Wednesday, September 17, 2014

OCSE Attorneys That Have Been Investigated By The Office Of The Committee On Professional Conduct

This is a list of current OCSE attorneys that have been the subject of an investigation by the Office of the Committe on Professional Conduct and been found to have committed a violation of one or more of the Rules of Professional Conduct.

(1) Catherine P. Dean. Dean was charged with misconduct and was found to have commited six violations.  Dean failed to on two ocassions to complete a guardianship case (but she did take $500 from the client); Dean failed to keep the clients informed and avoided contact with them.

UPDATE 3/3/15.  Dean has left the OCSE and is now a part-time deputy prosecuting attorney in Mississippi County. Let's hope she can handle the work load there, she sure had issues with that at OSCE. link to her new job

Dean Documents: https://drive.google.com/file/d/0B6bAeBjaZ__rSTI0aF9NQlE1Zzg/edit?usp=sharing

(2) Mark L. Ross.  Ross was charged with misconduct and was found to have overdrawn three separate bank trust accounts on the IOLTA attorney trust. These type of accounts are only for funds that belong to a client and are not the attorneys own funds (hence the separate account).

Ross Documents: https://drive.google.com/file/d/0B6bAeBjaZ__rRXR0dWM5WEsxX2s/edit?usp=sharing

(3) Susan G. Jones.  Jones was charged with misconduct and was found to have commited three violations.  Jones  took $440 to handle a divorce proceeding and avoided contact with the client for about seven months.  Jones finally did what she had been paid for after the client threatened to take action against her.

Jones Documents: https://drive.google.com/file/d/0B6bAeBjaZ__rRjNqUXUxWDBEWmM/edit?usp=sharing


Arkansas Rules of Professional Conduct:
https://courts.arkansas.gov/rules-and-administrative-orders/%5Bcurrent%5D-arkansas-rules-of-professional-conduct


You can check to see if any attorney in Arkansas has been investigated and found to have committed an infraction at this site:
 https://courts.arkansas.gov/administration/professional-conduct/opinions