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30–596 PDF 2007

S. Hrg. 109–902

NOMINATIONS OF WAYNE C. BEYER AND

STEPHEN T. CONBOY

HEARING

BEFORE THE

COMMITTEE ON 

HOMELAND SECURITY AND 

GOVERNMENTAL AFFAIRS 

UNITED STATES SENATE

ONE HUNDRED NINTH CONGRESS

SECOND SESSION

ON THE

NOMINATIONS OF WAYNE C. BEYER TO BE MEMBER, FEDERAL LABOR 

RELATIONS AUTHORITY, AND STEPHEN T. CONBOY TO BE U.S. MARSHAL, SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

SEPTEMBER 13, 2006

Available via http://www.access.gpo.gov/congress/senate

Printed for the use of the 

Committee on Homeland Security and Governmental Affairs

(

(II)

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

SUSAN M. COLLINS, Maine, Chairman 

TED STEVENS, Alaska 

GEORGE V. VOINOVICH, Ohio 

NORM COLEMAN, Minnesota 

TOM COBURN, Oklahoma 

LINCOLN D. CHAFEE, Rhode Island 

ROBERT F. BENNETT, Utah 

PETE V. DOMENICI, New Mexico 

JOHN W. WARNER, Virginia 

JOSEPH I. LIEBERMAN, Connecticut 

CARL LEVIN, Michigan 

DANIEL K. AKAKA, Hawaii 

THOMAS R. CARPER, Delaware 

MARK DAYTON, Minnesota 

FRANK LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas

BRANDON L. MILHORN, Staff Director 

JENNIFER A. HEMINGWAY, Professional Staff Member 

THERESA PRYCH, Professional Staff Member, Oversight of Government Management, the 

Federal Workforce, and the District of Columbia Subcommittee 

DAVID COLE, Professional Staff Member, Oversight of Government Management, the Federal 

Workforce, and the District of Columbia Subcommittee 

MICHAEL L. ALEXANDER, Minority Staff Director 

ADAM R. SEDGEWICK, Minority Professional Staff Member 

Jennifer L. Tyree, Minority Counsel, Oversight of Government Management, the Federal 

Workforce, and the District of Columbia Subcommittee 

TRINA DRIESSNACK TYRER, Chief Clerk 

(III)

C O N T E N T S 

Opening statement: Page 

Senator Voinovich ............................................................................................. 1

WITNESSES 

WEDNESDAY, SEPTEMBER 13, 2006

Hon. Judd Gregg, a U.S. Senator from the State of New Hampshire ................. 1

Wayne C. Beyer, to be Member, Federal Labor Relations Authority .................. 3

Stephen T. Conboy, to be U.S. Marshal, Superior Court of the District of 

Columbia ............................................................................................................... 4

ALPHABETICAL LIST OF WITNESSES

Beyer, Wayne C.: 

Testimony .......................................................................................................... 3

Prepared statement .......................................................................................... 9

Biographical and professional information ..................................................... 10

Responses to pre-hearing questions ................................................................ 18

Letter from U.S. Office of Government Ethics ............................................... 30

Letter of support from Hon. Charles Bass and Hon. Jeb Bradley, Representatives in Congress from the State of New Hampshire .................... 31

Conboy, Stephen T.: 

Testimony .......................................................................................................... 4

Prepared statement .......................................................................................... 32

Biographical and professional information ..................................................... 34

Responses to pre-hearing questions ................................................................ 39

Additional questions submitted by Senator Lautenberg ............................... 56

Letter from U.S. Office of Government Ethics ............................................... 58

Gregg, Hon. Judd: 

Testimony .......................................................................................................... 1

(1)

NOMINATIONS OF WAYNE C. BEYER AND 

STEPHEN T. CONBOY 

WEDNESDAY, SEPTEMBER 13, 2006

U.S. SENATE, COMMITTEE ON HOMELAND SECURITY

AND GOVERNMENTAL AFFAIRS, Washington, DC. 

The Committee met, pursuant to notice, at 2:33 p.m., in room 

342, Dirksen Senate Office Building, Hon. George V. Voinovich, 

presiding. 

Present: Senator Voinovich. 

OPENING STATEMENT OF SENATOR VOINOVICH 

Senator VOINOVICH. The Committee will come to order. Today, 

the Committee on Homeland Security and Governmental Affairs 

meets to consider the nominations of Wayne Beyer to be a Member 

of the Federal Labor Relations Authority and Stephen Conboy to 

be U.S. Marshal for the Superior Court of the District of Columbia. 

I would like to extend my warm regards to both Mr. Beyer and 

Mr. Conboy. I would like to say how pleased I am that both of you 

continue to use your talents to serve your Nation. I would also like 

to thank your families, who make significant sacrifices in order for 

you to pursue professions in public service. 

Mr. Beyer, the Federal Labor Relations Authority has the responsibility to adjudicate disputes arising out of the Civil Service 

Reform Act of 1978, including determining what is negotiable 

through collective bargaining agreements, appeals over unfair labor 

practices, and hearing petitions for union representation of Federal 

employees. 

While governor of Ohio, I spent a significant amount of my time 

working to improve labor-management partnerships in Ohio State 

agencies. Mr. Beyer, I look forward to discussing with you the status of labor-management relations within the Federal Government. 

I welcome my friend and Senator and colleague, Senator Judd 

Gregg, who is here to introduce Mr. Beyer. Senator Gregg, we are 

very happy that you are here today with us, and we look forward 

to hearing from you. 

TESTIMONY OF HON. JUDD GREGG, A U.S. SENATOR FROM 

THE STATE OF NEW HAMPSHIRE 

Senator GREGG. Thank you, Senator Voinovich, and it is a pleasure to be here before your Committee to introduce and strongly 

support the nomination of Wayne Beyer. 

2

Mr. Beyer and I go back a long way, over 20 years, actually, as 

his career started out in New Hampshire. He went to Dartmouth 

College and then got a graduate degree, I believe, at Harvard. He 

practiced law in New Hampshire for a significant amount of time. 

I have known him as a friend and as someone who always represented a commitment to public service. Back when I was governor, I tried to sign him up to come into the State government, 

but at that time, he was a young lawyer just trying to get started, 

and it is a little bit expensive to come into the State service, but 

he has requited himself extraordinarily well. 

As a member of this Administration, as an Administrative Appeals Judge, he understands the issues which will be before him 

on the Federal Labor Relations Authority. He will bring integrity, 

intelligence, and capability to this, and he is fair-minded and that 

is what you want from someone in this position. 

I hope this Committee will act favorably on his nomination, and 

I appreciate the chance to have the opportunity to come here and 

testify on his behalf. 

Senator VOINOVICH. Thank you very much. I know that you have 

a busy schedule today, so I thank you very much for coming today. 

Senator GREGG. Thank you. 

Senator VOINOVICH. Mr. Beyer, Senator Gregg must think a 

great deal of you. 

Mr. BEYER. Thank you. 

Senator VOINOVICH. Mr. Conboy, as you are well aware, the U.S. 

Marshals Service is our oldest Federal law enforcement agency. In 

the District of Columbia, the Marshals Service has the significant 

responsibility of providing law enforcement for the Federal courts. 

With 23 years of experience with the U.S. Marshals Service, Mr. 

Conboy has served in numerous positions throughout the agency, 

including Deputy U.S. Marshal, Senior Inspector, Supervisory U.S. 

Marshal, Chief Deputy, and his current position as Acting U.S. 

Marshal for the Superior Court of the District of Columbia. Prior 

to joining the Marshals Service, Mr. Conboy served in the U.S. Marine Corps. 

I believe that both of the nominees today are well qualified for 

the positions for which they have been nominated, and I look forward to hearing from them about their qualifications and other 

reasons for pursuing public service. 

It is the custom of this Committee to swear in witnesses, and if 

you will both stand up, I will swear you in. Do you swear that the 

testimony you are about to give is the truth and nothing but the 

truth, so help you, God? 

Mr. BEYER. I do. 

Mr. CONBOY. I do. 

Senator VOINOVICH. Thank you. I understand that both of you 

have friends and relatives here today, and supportive colleagues, 

and I thought that I might give you an opportunity to introduce 

them. Mr. Beyer, we will start with you. 

Mr. BEYER. Thank you, Senator. I am here with Dale Cabaniss, 

the Chair of the FLRA; Colleen Kiko, who is the General Counsel 

of the FLRA. I note that Carol Waller Pope, who is the other member of the FLRA, is also here, and I don’t see anyone else. Thank 

you, Senator. 

3

1The prepared statement of Mr. Beyer appears in the Appendix on page 9. 

Senator VOINOVICH. Thank you. Mr. Conboy. 

Mr. CONBOY. Thank you, Senator. I would like to first recognize 

my biggest supporter, my wife of 30 years, Elizabeth. She is a 

teacher with Fairfax County Public Schools and has spent the past 

2 years earning a second Master’s degree in education with Virginia Tech and the immediate past year as an assistant principal 

intern at Lorton Station. I am most proud of her. Our two daughters, Anna and Sarah, could not be here today. 

I would like to introduce, as well, the Hon. Chief Judge Rufus 

G. King III, the Hon.——

Senator VOINOVICH. It is nice to have you here with us. Thank 

you for being here. 

Mr. CONBOY [continuing]. Judge Gregory Jackson; the Hon. Pete 

Elliott, U.S. Marshal for the Northern District of Ohio; the Hon. 

George Walsh, U.S. Marshal for the District of Columbia. I may 

mention that there are actually two districts within the District of 

Columbia, U.S. District and the Superior Court, as well. There are 

a number of other friends and supporters here. 

Senator VOINOVICH. We are glad to have all of you here, and 

Mrs. Conboy, I thank you for the sacrifice that you have made so 

that your husband can serve. I am sure you thank him for the sacrifice he makes so you can serve our public schools. 

Mrs. CONBOY. Absolutely. 

Senator VOINOVICH. We have questions that we ask all of the 

nominees here before this Committee. I will ask these questions of 

both of you. First, is there anything that you are aware of in your 

background that might present a conflict of interest with the duties 

of the office to which you have been nominated? 

Mr. BEYER. No, Senator. 

Mr. CONBOY. No, sir. 

Senator VOINOVICH. Do you know of any reason, personal or otherwise, that would in any way prevent you from fully and honorably discharging the responsibilities of the office to which you have 

been nominated? 

Mr. BEYER. No, Senator. 

Mr. CONBOY. No, Senator. 

Senator VOINOVICH. Do you have any reason, personal or otherwise, that would in any way prevent you from serving the full term 

for the office to which you have been nominated? 

Mr. BEYER. No, Senator. 

Mr. CONBOY. No, Senator. 

Senator VOINOVICH. I would welcome comments from you, Mr. 

Beyer, about why you are interested in being appointed. I will then 

call on you, Mr. Conboy. 

TESTIMONY OF WAYNE C. BEYER,1 TO BE A MEMBER, 

FEDERAL LABOR RELATIONS AUTHORITY 

Mr. BEYER. Thank you, Senator. I do have a brief statement. 

Chairman Voinovich and distinguished Members of the Committee, I am honored to appear before you today as the President’s 

nominee to be a Member of the Federal Labor Relations Authority. 

My career is about evenly divided between private practice in New 

4

1The prepared statement of Mr. Conboy appears in the Appendix on page 32. 

Hampshire and public service here in Washington. The submissions provide the details. 

My strengths include an ability to understand the facts and analyze and apply the law, write well analytically, work productively, 

and work collegially. Four-and-a-half years as an Administrative 

Appeals Judge adjudicating cases arising under worker protection 

laws will be good preparation for the FLRA if I am fortunate 

enough to serve in that capacity. 

I want to recognize and thank those who have contributed to the 

nomination process, Katja Bullock of the White House, Dale 

Cabaniss, Chair of the FLRA, the Senate staff, especially Jennifer 

Hemingway, my friend, Judd Gregg, the senior Senator from New 

Hampshire, for his kind remarks, the Committee for its time and 

attention, and, of course, the President for the confidence placed in 

me. The only way I can prove my gratitude is to perform to the 

best of my ability if I am confirmed for this important position. 

I will answer any questions that you have, Senator. 

Senator VOINOVICH. Thank you. Mr. Conboy. 

TESTIMONY OF STEPHEN T. CONBOY,1 TO BE U.S. MARSHALL, 

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA 

Mr. CONBOY. Thank you, Chairman Voinovich. I would like to 

thank our President and Commander in Chief for nominating me 

to this position and to the Attorney General for appointing me to 

be the Acting U.S. Marshal, a position that I have held since January 2004, and for his confidence in me for this nomination. I would 

like to recognize and express my sincere appreciation to Mayor Anthony Williams for recommending me to the White House for this 

position. 

As a career Deputy U.S. Marshal with 23 years of experience 

with the U.S. Marshals Service, I am most proud of being associated with such a fine cadre of brave and dedicated men and women 

that I have the privilege of working with at Superior Court. The 

District of Columbia can be proud of the tremendous service that 

they provide to both this community and to their Nation each day. 

I look forward to responding to whatever questions the Committee may have. 

Senator VOINOVICH. Thank you. 

Mr. Beyer, while the statute divides the Board membership between the two political parties, I believe its judicial function demands members of the Federal Labor Relations Authority to not 

hold political biases. Do you agree with that? 

Mr. BEYER. Yes, I do, Senator. 

Senator VOINOVICH. What is your philosophy in approaching this 

position? 

Mr. BEYER. I look at this position as a quasi-judicial position. It 

is not a policy-making or management position. I would approach 

each case on its merits, scrupulously applying the law to the facts 

of each individual case without any predisposition, without any 

bias. As I think the Senator knows, I have had a similar role for 

the last 41⁄2 years in the Department of Labor, and I think this 

would be a good opportunity for me to continue in that kind of role. 

5

Senator VOINOVICH. Do you have any comments about the current state of labor relations in the Federal Government? 

Mr. BEYER. I think, Senator, they are good at the Department of 

Labor under the guidance of Secretary of Labor Elaine Chao. Outside of the Department of Labor, my knowledge is a little bit more 

secondhand and more anecdotal. I realize that there is some fluctuation with regard to the Department of Defense and Homeland 

Security. By and large, I think labor relations are quite stable 

within the Federal Government, with perhaps those exceptions. I 

look forward, hopefully, to making my own contribution through 

the decisions of the cases that arise before me as a member of the 

FLRA. 

Senator VOINOVICH. Mr. Conboy, having served as Acting U.S. 

Marshal for a while, you have had an insight into some of the challenges inherent in the job. Could you share with me what you 

think is the biggest challenge facing the U.S. Marshals Service Superior Court Office? 

Mr. CONBOY. Senator, I believe the biggest challenge would be in 

the formulation as to how we approach the resources that are allocated at Superior Court. The functions at Superior Court are very 

unique to the Marshals Service in that I really serve as the de 

facto sheriff, if you would. It is a very challenging environment. We 

perform functions that are not performed anywhere else in the 

country by the Marshals Service. It is a challenge to ensure 

these——

Senator VOINOVICH. Could you give me some examples of that? 

Mr. CONBOY. Well, one would be performing evictions for the District of Columbia. That is a function that is primarily executed by 

a county sheriff. We perform upwards of 60 of those a day within 

the District of Columbia. It is a very challenging job—the security 

aspect of it, the accountability of performing that on a day-to-day 

basis. 

Senator VOINOVICH. Do you have the resources you need to get 

the job done? This Committee heard testimony from Secretary 

Chertoff yesterday and questioned him about whether or not he 

had the resources to do the job we have asked him to do. 

Mr. CONBOY. I believe that we are using the resources that you 

have provided to us to the very best of our ability. Of course, we 

could always do more, and we are certainly always performing 

analysis for what we need to get the job done. 

Senator VOINOVICH. What steps have you taken to ensure that 

all of your employees, including the detention enforcement officers 

and the Deputy U.S. Marshals, are provided equality of opportunity 

in terms of training? 

Mr. CONBOY. We have a very vigorous program that ensures that 

deputies at Superior Court are provided the training and the detention officers are provided the training that is required to get the 

job done. We have mandatory basic and refresher training that is 

put on at FLETC in Brunswick, Georgia. 

Senator VOINOVICH. Do you have a tough time recruiting employees? 

Mr. CONBOY. Of course, that is performed on a national level, 

Senator, so I know that it is an ongoing process. It is a very difficult and cumbersome process, and I would commend our Human 

6

Resources Division for the work that they do in getting those men 

and women into the ranks. 

Senator VOINOVICH. In effect, they scour the country for people 

that might be interested and provide you with a pool of available 

applicants? 

Mr. CONBOY. Yes, they do, Senator. 

Senator VOINOVICH. I understand that, in 2004, the U.S. Marshals Service entered into an intergovernmental agreement with 

the District of Columbia Department of Corrections for the transportation of prisoners. How is this agreement working? 

Mr. CONBOY. I believe that agreement is working absolutely fantastic. It has been an absolute win-win for the Federal Government 

and for our partners in the District of Columbia. It ensures the 

timely and safe delivery of prisoners to the courthouse, and, of 

course, that is something that allows us to free up deputies to perform other functions, such as pursuing fugitives. 

Senator VOINOVICH. Once someone is convicted, what is the status of the jail facilities? 

Mr. CONBOY. I am sorry, Senator, the status of the jail facilities? 

Senator VOINOVICH. I remember the conditions of the Federal facilities in Ohio when I was governor. So I am curious what is the 

condition of the jail facilities today? Once these folks are convicted, 

I suspect that you are the ones that have to take them wherever 

they are going to end up in jail. 

Mr. CONBOY. That is correct, Senator. 

Senator VOINOVICH. What about the capacity? Do you have 

enough jail space out there today or are the facilities crowded? 

Mr. CONBOY. I believe we do, Senator. That population fluctuates 

daily. It is something that we in the criminal justice community 

keep an eye on very closely. Certainly, there has been mandates 

and caps over there. Presently, we do not have a concern. 

One of the differences is that the prisoners coming from Superior 

Court are not remanded to the U.S. Marshals Service until such 

time as they are sentenced, unlike U.S. District Court, where they 

are remanded as soon as they are taken into custody and ordered 

so by the court. So we really—the population issue, and it is a 

shared issue, it is not just the Department of Corrections, it is Superior Court and U.S. District Court, and it is something that, as 

partners, we have to keep our eye on all the time. Parolee issues, 

prisoners that are being arrested on a daily basis because of new 

crime initiatives, those all have impacts on the population. 

But I will say that we, as partners, have done an absolutely fantastic job in formulating a Memorandum of Understanding that expedites the process so that as soon as they receive a judgment and 

commitment, we have a time frame in place where we are removing them from the District to their designated facilities within 21 

days. So it is a very timely process, and it is one that is being used 

as a template across the country. 

Senator VOINOVICH. So you believe you have adequate facilities 

to hold convicted individuals during the interim period, and, within 

21 days, you transport them to wherever they have been sentenced 

to? The reason I am asking is that in my State, we are seeing a 

tremendous overcrowding of our prisons. There has been, for some 

reason, an uptake in crime. I remember while I was governor, 

7

things started to subside a bit, but now it appears they are again 

overcrowded. You are telling me that you are not having that problem on the Federal level? 

Mr. CONBOY. Presently, no, not within the District of Columbia. 

Senator VOINOVICH. Do either one of you have anything else you 

would like to say, other than your desire for the Committee to 

move quickly? 

Mr. BEYER. No, but thank you, Senator, very much for the opportunity to appear before this Committee. 

Senator VOINOVICH. Great. I am pleased that both of you are 

here, and again, as I mentioned in my earlier remarks, thank you 

for your willingness to serve your country in the capacity that the 

President has nominated you. I wish you good luck, and we will do 

what we can to move your nominations along. 

Mr. BEYER. Thank you. 

Mr. CONBOY. Thank you. 

Senator VOINOVICH. The hearing is adjourned. 

[Whereupon, at 2:55 p.m., the Committee was adjourned.] 

(9)

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