THE TEXT IS BELOW
FREEDOM OF INFORMATION ACT REQUEST FILED WITH
THE OFFICE OF SOUTH CAROLINA SENATOR LINDSEY GRAHAM
KEYWORDS: Radio Broadcasting Industry, WCOO, Charleston South Carolina, Equal Employment Opportunity
Commission, Governor Mark Sanford, Richard Perry, Jean Price, Senate Staff, Federal Communications Commission,
Department of Justice, L.M. Communications Inc., Senator Lindsey Graham
Phoenix, Arizona (March 3, 2004) Today, a Freedom of Information Act request was submitted to Richard Perry, Chief
of Staff for Senator Lindsey Graham, (R-S.C.) asking for the release of any records regarding a casework investigation
filed with The Senator s office in relation to a Charge filed with the EEOC in August of 2002.
In August of 2003 a written request for casework intervention was filed with the Senator s office regarding an EEOC
charge:
It is now nearly a year later and there has been no investigative fact-finding. A fact-finding
meeting was set April 24-25 of 2003, but only after I had to cite EEOC enforcement guidelines showing
the EEOC has jurisdiction. I was told then not to argue legal matters with them. Ever since the EEOC
investigator canceled the fact-finding meeting I have been unable to have him schedule one. Each
request in email is responded to with a promise for action but none has occurred. This case involves
complaints filed with the FCC to which no response has been forthcoming, the FBI where it was
refused, as the threat against my life was not ‘current’. The EEOC has ignored its processing deadlines,
violated its own regulations and refused to prosecute the case without holding a fact-finding meeting,
attempting to have me request a letter of suit authorization to do away with the case numerous times.
The FCC has ignored the filing of the complaint. The FBI has rejected the complaint for investigation.
The EEOC has refused to process the complaint.”
Immediately following receipt of that request the Senator informed Mr. Hempfling:
“Thank you for your inquiry of recent date concerning your problem involving several
federal agencies. I am looking into this matter for you with the Director of EEOC in Greenville, and I
will get back in touch with you just as soon as I have a response from my inquiry. Then, I will ask you to
let me know if I should contact other agencies depending on the answer from EEOC. If you have not
heard from me after three weeks, please feel free to contact me again at 843-849-3887. I look forward to
working with you.
It is known that the EEOC has had written and telephone communications with the office of Senator Lindsey Graham of
South Carolina regarding the charge mentioned in the FOIA request. The most recent known correspondence was
received by staffer Jean Price of Graham’s Mt. Pleasant S.C. office, read to the plaintiff on the phone and promised to
have been sent to the plaintiff. No correspondence was ever received regarding that letter from EEOC. After informing
staffer Jean Price that the plaintiff was not satisfied with Graham’s office’s performance, a blatant disregard for
knowledge of federal offenses (itself a federal crime), no further contact has been forthcoming from the Senator.
Graham’s Chief of Staff Richard Perry was also aware of and in receipt of the knowledge of federal offenses and failed
or refused to refer it to law enforcement as required by federal statute.
About The Case:
During February to March, 2002: a white program director (Hempfling) tried to promote a part-time, black female disk
jockey, (Patricia ‘Trish’ Thompson), to a full time job at WCOO, Charleston SC (an urban oldies radio station): then from March through July of 2002: tried to hire her back to a full time job, after she resigned because of the radio station’s prior
discrimination. Station management refused promotion and hire. Hempfling was harassed for it and eventually fired by
the station for agreeing with and supporting her rights under Title VII of the Civil Rights Act of 1964, as amended.
Thompson filed a complaint with the EEOC through the NAACP. Hempfling filed a complaint with the EEOC directly.
Thompson’s case was settled in May of 2003. Hempfling’s case was ignored, then destroyed by the EEOC in order to: A:
Secure her preferential settlement from the radio station, and B: Protect the radio station’s license renewal filing.
The radio station filed fraudulent license renewal and EEO forms with the FCC claiming Hempfling’s case to be for a
charge it was not; listed an incorrect case number and informed the FCC that his case had not had further action by the
EEOC. L.M. Communications Inc., owner of WCOO also swore to the statement that no complaints were pending before
the FCC. A complaint to the FCC for seven rule and law violations was filed with the FCC on August 13, 2002 and
resubmitted February 11, 2004. That complaint is now in the hands of Daryl Duckworth of the FCC Enforcement Bureau
and has been accessed by Ed Gauthier of FCC. A subsequent complaint challenging the authenticity of the station license
renewal and EEO form submissions was acknowledged by the FCC on February 11, 2004.
Hempfling’s case had indeed seen further action as the EEOC Program Manager who handled both cases met with him in
August of 2003 to discuss the case, after months of correspondence in government email. Graham’s office’s inquiry
caused an instant contact, followed shortly thereafter by a meeting in a hotel lobby with the EEOC Program Manager.
Nearly five months after the inquiry, Senator Graham’s office, having been asked twice to forward the case to the Justice
department, sent the complaint letter follow up (not the original complaint) outside of official government mail to the
EEOC Charlotte office. That document contained records of the evidence in the case and witness contacts and was
confidential information. According to staffer Ms. Price, in her words, she “used my own money” to send the document
to EEOC. Although in public record, former prosecutor Graham should have known better.
In January 2004 Hempfling filed a formal complaint with numerous federal and state officers showing 21 federal felony
violations. The Criminal Department of the Civil Rights Division of the Department of Justice did not look at the
evidence (which was provided to all recipients through an Internet secure server) yet ruled the filing did not violate
Hempfling’s civil rights. United States Attorney J. Strom Thurmond’s office referred the case to Tom O’Neill, Chief
Division Counsel for the FBI in Columbia SC.
The secure username and password given only to Cari Dominguez of the EEOC wound up in the hands of an
unauthorized person, who attempted to gain access to the secure server, but was caught and stopped.
The EEOC advised Hempfling that the very person who committed most of the felonies in the case had been put back in
charge of his case. They blamed the reason for any ‘delay’ in the supporting documents provided to them. Those
documents weighed over two pounds, including a CD with an audio recording and showed beyond any intelligent review
that the radio station had committed a clear-cut series of violations.
To date: no other official who signed for receipt of the complaint has responded to its receipt. The office of South
Carolina Governor Mark Sanford even failed to enter their signed receipt for the document in the Governor s mail
records (according to that office). A cover-up appears to be underway in South Carolina politics. All letters, documents
and FOIA’s can be viewed at: http:// www.rollovermartin.com Detailed evidence remains secured online for law
enforcement and legal access only.
###