Case Document 52-10 Filed 10/05/11 Page 1 of 4 

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA


PERFORMANCE COAL COMPANY, 

et (IL, 

Plaintiffs, 
Civ. Act. No: 10-1698 (RJL)

v. 

UNITED STATES 
DEPARTMENT OF LABOR, 

et (11., 

Defendants. 


 

DECLARATION OF DORIS ANN CHAMBERS

I, Doris Ann Chambers, declare as follows:

1. A I have been employed by the US. Department of Labor Mine
Safety and Health Administration since March 2000. During that time, I
worked as the Ventilation and Assistant District Manager for Enforcement (ADM)
Secretary. My responsibilities included ensuring that documents submitted to District 4
were accurate and complete, keeping track of all ventilation plans submitted by the mine
Operators, making travel arrangements, keeping time records, greeting all Visitors,
answering Hotline calls, and performing clerical and various administrative tasks.

2. The statements contained in this declaration are based upon my personal
knowledge, information provided to me in my of?cial capacity, and conclusions and

determinations reached and made in accordance therewith.

Case Document 52-10 Filed 10/05/11 Page 2 of 4

3. The purpose of this declaration is to provide the Court with a response to
false allegations made by the declarants, William Lowell ?Bill? Ross and Phillip Ellis,
that I observed Joseph Mackowiak removing and destroying ?trash bags ?lled with
documents? and throwing ?away a number of important government documents in a
suspicious manner? from the District 4 office, located in Mount Hope, West
Virginia. Ross Decl. 17 and Ellis Decl. 1i 8.

4. On April 5, 2010, an explosion occurred at the Performance Coal
Company?s Upper Big Branch Mine-South (UBB), located in Montcoal, West Virginia.
Twenty?nine miners were killed and two others were injured as a result of the explosion.
The owner of UBB is Massey Energy Company (Massey). Performance Coal UBB is
located within District 4 office?s boundaries.

5. During the period beginning 2005 and ending October 2007, I was
employed as the Ventilation Secretary for William Lowell ?Bill? Ross. My duties were
the same as those listed in paragraph 1 above. I worked as Mr. Ross? secretary until he
retired in April 2008.

6. It is my understanding that Mr. Ross was hired by Performance Coal in
April 2008 and was employed as the Massey Coal Services Manager of Technical
Services.

7. It is my understanding that Joseph C. Mackowiak was promoted to
Ventilation Supervisor June 2008 and assumed Mr. Ross? former duties at MSHA. After
Mr. Ross? retirement, I continued to work as the ADM Secretary for Mr. Luther Marrs,
Assistant District Manager. Although I have assisted on occasion, I never worked

directly for Mr. Mackowiak.

Case Document 52-10 Filed 10/05/11 Page 3 of 4

8. After Mr. Ross? retirement, he has visited the District 4 of?ce while doing
business for Performance Coal Company. I am aware that on occasion, Mr. Phillip Ellis
accompanied Mr. Ross on trips to the District 4 of?ce. In my capacity as ADM
Secretary, I have had an occasion to speak to Messrs. Ross and Ellis about MSHA
business and matters related to Performance Coal.

9. At no time did I ever tell Mr. Ross or Mr. Ellis that Joseph C. Mackowiak
removed, destroyed, or transported ?trash bags ?lled with documents? and threw ?away a
number of important government documents in a suspicious manner? from the 
District 4 of?ce.

10. At no time did I ever observe or have knowledge that Mr. Mackowiak
. removed, destroyed, or transported ?trash bags ?lled with documents? and throw ?away a
number of important government documents in a suspicious manner? from 
District 4 of?ce.

11. To my knowledge, the ?les that were maintained and left by Mr. Ross
upon his departure from MSHA in 2008, still remain in the same ?le cabinets within the

District 4 offices.

Case Document 52-10 Filed 10/05/11 Page 4 of 4

Pursuant to 28 U.S.C. 1746, I declare under penalty of perjury that the foregoing is true
and correct.

Executed this (Ql day of September, 2011

mm 011. (?mm

DORIS ANN CHAMBERS 


Mine Safety and Health Administration
US. Department of Labor

District 4, Mt. Hope, West Virginia