May 28th was the last I heard from Census Bureau New York Representative Edward Marcus. Today, after nearly 2 months, I decided to give the New York office a call after reading that you can find out whether your address has been selected for the American Community Survey.

After pressing zero to talk with an attendant I told the person that I wished to confirm that my address had been selected. I was told I’d be forwarded to another department and that I needed to ask for the supervisor. When the  other department picked up I told the person I needed to talk with the supervisor and was asked for my name. After a quarter second of contemplation I said, “no.” I’m sure it came off a little harsh. The guy seemed a little taken back and hesitated for at least a second and just said “OK” and put me on hold. Next time its “I’d rather not.”

The supervisor picked up after maybe 10 seconds and I repeated my request. She asked for my county, then my zip, and then my full address. It appeared that the address did not come up as after she had entered the information she asked when I had been contacted. I told her the last letter which I had received was the end of May. She looked up May and confirmed that I had been selected. I then asked her what was next. I hadn’t received anything since that time. I was told that since I was part of the May, 2008 sample and I’d not gotten back to the representative that it didn’t matter any more. I ask: “So that’s it?” and she said: “Yes, the data would no longer be useful.” Unfortunately I forgot to ask about the fine which USC Title 13 clearly says I am to receive for not participating. Her demeanor was such that it seems that the fine hadn’t even been considered by her. She didn’t mention it and when I got my answer she was ready to end the conversation. Perhaps she’s a cold hearted bitch and didn’t mention it because she likes the idea of me being broadsided with a max $5,000 fine and she’s going to contact our friend Edward to let him know I called.

Assuming that’s not the case it looks like the census isn’t so mandatory after all. You just need to wait them out. I originally was going to call Mr. Marcus to ask if the supposed obligation to respond to the ACS had been waived or if I should be expecting a fine. I’ve sort of gotten my answer though it’s not 100%. Perhaps I still will. I’d be nice to have a Census Bureau bureaucrat tell me that all the hubbub and wasted ink and paper threating to fine me was just that.

Today as I walked up to my home after work I noted the all too familiar U.S. Department of Commerce, U.S. Census Bureau envelope taped to my door. Two in two days. I must be important for Mr. Marcus/the Census Bureau/the US taxpayers to be spending the money on gas to deliver this envelope. You’d think the USPS would be more efficient. In any case…

This envelope instead of “Important information from the U.S. Dept. of Commerce regarding your residence” being printed on the front [page 6] it has “Updated penalty information.” Inside it contains no trifold pamphlet [page 4,5] and no form letter explaining why I should need to participate [page 1]. What it does contain is another copy of the “Request for Appointment” note [page 3] with better centering of “Edward Marcus” and “201-927-4763″ and the same text in the remarks box. It also contains the print out of the law indicating the Title 18 US Code which overrides the Title 13 fine [page 2]. That’s it. However the print out is structured a bit differently. I’ll try to reproduce it below in HTML and you can compare it to yesterday’s. I’ll scan these tomorrow for archival purposes and true comparison.

Please cooperate in our survey which is helpful to determining the requirements of the households in your area.

Every resident of the United States is obligated to participate in this survey and there are penalties involved for not co-operating.

The American Community Survey is conducted under the authority of Title 13, United States Code, Sections 141 and 193, and response is mandatory. According to Section 221, persons who do not respond shall be fined not more than $100.

Title 18 U.S.C. Section 3571 and Section 3559, in effect amends Title 13 U.S.C. Section 221 by changing the fine for anyone over 18 years old who refuses or willfully neglects to complete the questionnaire or answer questions posed by census takers from a fine of not more than $100 to not more than $5,000.

The U.S. Census Bureau may use this information only for statistical purposes. We can assure you that your confidentiality is protected. Title 13 requires the Census Bureau to keep all information about you and all other respondents strictly confidential. Any Census Bureau employee who violates these provisions is subject to a fine of up to $250,000 or a prison sentence of up to five years, or both.

Wouldn’t “from a fine not more than $100 to not more than $5,000″ be worded better as “from a max fine of $100 to max $5,000.”

I was out of town Thursday morning till late Sunday night. In my mail I find an envelope which appears to have been hand delivered as it has no postage on it. It’s from the US Department of Commerce, Economics and Statistics Administration, US Census Bureau. Inside we find a US Census 2010 brochure, a Form 11-38 from the previously mentioned government bureaucracy and a letter from its director Steve H. Murdock.

Dear Resident:

The U.S. Census Bureau is conducting the American Community Survey (ACS). A Census Bureau representative will contact you to help you complete the survey. The survey will ask you questions about our household’s characteristics, including topics such as education, employment, and housing. We would appreciate your help because the success of this survey depends on you.

The ACS produces critical, up-to-date information that used to meet the needs of communities across the United States. For example, results from tis survey may be used to decide where new schools, hospitals, and fire stations are needed. Survey data are used by federal, state, local, and tribal governments to make decisions and to develop programs that will provide health care, education and transportation services that affect you and your community. This survey information also helps communities plan for emergency situations that might affet you and your neighbors.

The Census Bureau chose your address, not you personally, as part of a randomly selected sample. You are required by U.S. law to respond to this survey (Title 13, United States Code, sections 141, 193, and 221). We estimate this survey will take about 30 minutes of your time.

We want to emphasize that any information you give our representative will be kept confidential. By law, the Census Bureau cannot publish or release to anyone any information that would identify you or your household (Title 13, Section 9). The information you provide an be used only for statistical purposes.

If you have access to the Internet and want to learn more about the American Community Survey, please visit your Web site at <www.censuus.gove/acs/www/>.

Thank you for your help.

Sincerely,

Steve H. Murdock

Director

The form has our pal Ed Marcus’ contact info (201-927-4763) and a remark: “I am following up on the survey you have received in the mail. You failed to return it. Because it was not mailed back we must interview you either in person or on the phone. It is a very brief interview. Please call me to set up a time: Ed Marcus 201-927-4763.” The bold is on the form. The brochure contains much the same info as the letter but with some photos thrown in.

I find it interesting they tell you that completing the survey is required yet make no mention of the consequences for not doing so.