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| As a public employer, we have to do what is right by all employees and follow board policy faithfully. We must do it exclusively and do it consistently. |
I have taken a significant interest in the case of an employee that has endured what I believe to be retaliation and harassment for making a complaint against one of his supervisors. Retribution and/or retaliation for making a complaint against another employee is a violation of our BCC Workplace Harassment Policy--and this is the reason I have taken an interest in this issue. I am NOT trying to micromanage or meddle in staff affairs, I'm simply trying to get to the bottom of why one of our policies was not followed properly and why one of our policies has been violated with no appropriate recourse yet given to the affected employee. I have reviewed reams of documents and spoken to dozens of current and former employees intimately familiar with the EMS department.
Once the County adopted their "final word" on Matt Selover's harassment complaint----I was left with more questions which I submitted in writing to the HR director and County Administrator.
I received the answers to the questions late yesterday afternoon. They are pictured below. The answers to these questions will most certainly elicit more probing questions from me because in some instances--I do not believe the answers are completely factual.
Some other answers are actually non-answers. Here's what I mean by that:
Any answer (s) to any question (s) that I have posed to our Administrator and her staff that come back to me as (paraphrased) "This answer is not known and the relevant county employee should be asked." Yeah, uh, that is not an answer I will accept. That's lazy, weak, and feckless.
Believe me, they don't want me asking these questions of employees directly, nor should I have to.
I get it, a lot of this all happened before our most recent administrator and her newly hired staff was brought aboard. A lot of it was inherited.
But once she accepted the job, she now officially owns it all. All of it. I empathize about the difficulty--but that does not change the fact that she owns it. And I do appreciate her hard work and I have high hopes and great expectations for what she will do as our administrator.
But that does not change the fact that she and her current staff have to own it.
Just as we, the elected commissioners, OWN all problems, issues, poor planning decisions, and historical mistakes made before our arrival as members of the BCC. We can't sidestep tough, probing questions--we have to own them.
Imagine if I told the residents who are losing their back yards to a stormwater ditch that is swallowing their property "Yeah, you'll have to go ask the county engineer who is no longer here why that property was permitted to be platted that way!" Just imagine how that would play?!?
....NO, we can't give weak answers and deflect blame.
Neither can our well-compensated staff. So this list of "answers" I got yesterday will generate more questions and I will insist on complete answers to the questions I have posed, not "Go ask her" answers. More on this to follow.
30 comments:
Why was she allowed to gather her own statements from her own crony people? Why wouldn’t that be done by the HR investigator or the IA? That is not credible evidence. Seems like someone was attempting to backtrack and create evidence that did not exist.
It's pretty interesting one of the people who were involved in this QA/QI board review had some sort of breakdown and quit without notice. That being the 3rd or 4th time said person had suddenly quit a county job. That being said how sound was that person's judgement and how reliable was thier opinion? The same person had a private birthday party thrown by Dr. Edler in her private home. Hmmm?
Do you remember the movie Shrek? Here is an excerpt:
Prince Charming: You. You can't lie, so tell me puppet, where is Shrek?
Pinocchio: Uh, hmm, well, uh, I don't know where he's not.
Prince Charming: You're telling me, you don't know where Shrek is?
Pinocchio: It wouldn't be inaccurate to assume that I couldn't exactly not say that it is or isn't almost partially incorrect.
Prince Charming: So, you do know where he is?
Pinocchio: On the contrary, I'm possibly more or less not definitely rejecting the idea that in no way with any amount of uncertainty that I undeniably do or do not know where he shouldn't probably be, if that indeed wasn't where he isn't. Even if he wasn't at where I knew he was that'd mean I really have to know where he wasn't.
Sound familiar?
Let’s be very clear here...your county administrator better get it together. Accepting that job and all that comes with it. Yeah, we get it she’s got to clean up Jack Brown’s complete mess and mistakes but hey she said she could handle it by submitting her application. The county doesn’t need more lazy bad behavior. There are good folks in there trying to hold on to jobs and having to but up with some of the worst harassment from that bully. It way past time to make things right.
Commissioner Bergosh, I don’t think that this is the only instance of County EMS failing to receive due diligence on complaints. It is my understanding that there have been at least 6 other complaints that have gone in, dating back to June 2018, that did not receive the property closure, or any closure. There could be more--I really have no idea.
I greatly empathize with Ms. Gilley being handed this mess. She couldn't have possibly known how bad the situation really was, with past administration, HR, and the County Attorney's office all being knowledgeable about--and contributing to--this pattern of failed and ignored due process.
I can only imagine the bad advice she has most likely been receiving from various quarters, with the concern about liability having resulted in decisions that have, sadly, increased the workforce liability for the County by leaps and bounds. Continuing to CYA previous CYAs can only work for so long. The truth will always out in the end.
Hopefully, now that you have been bringing this to light with one particular instance, you, the other commissioners, and Administration can go back and look at the other complaints that got swept under the rug, and figure out who all was aware of it, and where the responsibility ultimately rests.
The employees and citizens of Escambia deserve far better than this.
-Melissa Pino
If a sitting Commissioner is stonewalled and not given respect for a straight forward question, how could a employee or the general public have any faith or trust in the organization?
You have a pretty gnarly mess there Commissioner. Candor and one of Underhill’s pet words, rigor, seem to be scarce in this first attempt to respond. Unless there is some legal bar that the county attorney knows of, these questions could have easily been posed to the Medical Director. And I think someone is really parsing words regarding Spainhower’s conclusion as to whether he made a finding or not.
My official emailed response to these "answers" including adding an agenda item for the Board Meeting on January 7th to discuss the Workplace Harassment Policy and Process--below:
"Janice:
I received the package, and I have read the responses you sent to my questions yesterday afternoon.
Several of these answers are not answers.
Several say, and I’ll paraphrase, “Go as EMS Admin or Go ask Dr. Edler”
Of course I want complete answers to the questions I have posed, and I assume from the answers you and your staff have provided that you don’t know the answers to the questions where you simply answer by saying “Go ask Dr. Edler.”
Am I to assume that you want me to go to Dr. Edler directly to ask these questions, or are you going to ask her? Or are you going to have staff ask her?
Please let me know your plan for ensuring I have complete answers to all questions that I have posed.
I’m also requesting that discussion of the BCC Workplace Harassment Policy be placed on the agenda for the next BCC meeting for full and complete discussion with my peers and staff.
R/
Jeff Bergosh
Escambia Board of County Commissioners,
District 1
221 Palafox Place Suite 400
Pensacola, FL 32502
850-595-4910 office
850-377-2209 Voicemail
District1@myescambia.com
www.jeffbergoshblog.blogspot.com
@jeffbergosh"
This whole investigation seems negligent and not based on facts. It looks like they just take her at her “word” without any supplemental evidence to her claims.
You might have to do an add on. You are the man for the job. What would the county do with out you? You're the only one with the brains and spine to really be effective in this. http://jeffbergoshblog.blogspot.com/2019/06/county-medical-directors-attorney-also.html
Perhaps ask Dr. Edler to attend and go to the podium again. Looking forward to that, so are the news stations and attorneys and citizens watching the court documents most likely.
Solutions are in order.
Maybe you and your brother can discuss this over the holidays. It is a gnarly situation.
https://myescambia.com/open-government/boards-committees/merit-system-protection-board
If the 2018 handbook is up to par on the harassment policy then this board is addressed in the employee handbook. Did Matt appeal there? FL statute for medical director is also clear about their duties and responsibilities. They can have a QA review and can report to the department. DOH.
That can be abused though, was it?
Also employee can't secure a special favor. Is nepotism a factor?
How is that working? Are the employees, trained, certified, of good morale or are people quitting or is it a toxic environment. Rules are one thing yet team building, managing, working together and being supported and listened to is the goal, not to be thwarted. Clear direction and fairness is tantamount.
Thank you to our public safety.
If there are problems people need to step forward and address this.
Commissioner, after all this, those employees still at EMS need a safe place to come and tell the truth so these problems can be fixed. You have to get them a platform and ability to do so. It’s in everyone’s best interest.
Did Matt go to his union? Of course the courts are another option for him. That should not be a go to but there are willing attorneys everywhere.
Is the medical director performing all her duties in her job description in an acceptable manner or is she protecting her license and drawing a paycheck?
The Board approved her hiring I surmise they can decide if termination is in order also.
Do what is best for the employees and word will get around and the department will heal.
If you have a billing person in charge of public safety in the absence of others I think you are still in crisis mode.
I think the county can hire a medical director by statute as a panel and remove the personality and politics.
We can form opinions but yes policy and laws and documentation are important. Protecting yourself on the front end from liability is the best recourse.
If the county offered the CEUS for the employees before, even if there were problems--not offering any, putting it on them to get their own ceus in an burden--A loss of benefit.
So you didn't get the illegal procurement attempt for Rescue company one. Does the county train and provide CEUS NOW? Does the medical director have the authority to train and issue CEUs and is she doing it?
Is her outside employment affecting her ability to perform the medical director job? One can look up her job description online and the statutes.
Many have opinions, I can't see how anyone can possibly do what is in the job description for medical director and still have outside employment.
Personally I wouldn't let Indest, her attorney
scare you the county, look how he manages the (alledged)SLAPP lawsuit orchestrated toward Pino. Of course Pino called for her termination publicly in May and Edler lawyer-ed up.
Who causes a client reveal her own things they are trying to get injunctions on and leave them on the stand exposing them self in a public record? It's quite a story in Escambia politics. Ridiculous actually. Will he be labeled for filing a frivolous lawsuit-- will the county be required to pay for theire employee being a plaintiff toward a citizen?
Weigh that out and yes the media and citizens are watching.
Look forward to the Jan 7 meeting. Thank you for placing it on the agenda.
Your leadership here is noted and appreciated (I don't care what anybody else says about you)
opened a can of worms..
So now the IAFF is posting pictures of firetrucks with the hood up again and Underhill is blaming it on Bear, and it's not even Groundhog Day yet.
Why are some employees able to use social media and some not? It skews the message, for instance isn't Gradia an employee-- just because he is union president does that mean he can get behind the professional fire fighter profile and say things (If that's him..looks like it) .. uneven enforcement of employee social media policy needs to be either enforced or abandoned.
People are afraid to speak up for fear of losing their jobs or getting sued.
Let's get the cards on the table.
Funding sources for Public Safety info https://www.fema.gov/media-library-data/20130726-1841-25045-3774/fema_usfa_alternative_funding_sources.pdf
What is the status of the protocols that were to be revised?
Per Edler she rewrote them in her 1st two months of employment, then two employees sabotaged them with errors just before they were released. So she brought in her chosen few to get them rewritten from in her office bunker. 18 months later, no new protocols.
The WEAR article has a photo of a letter talking about the protocols. It has names and dates. So if the protocols aren't done yet maybe Edler could self report to DOH for "unethical" behavior like she did to the ones mentioned in the letter. https://weartv.com/news/local/department-of-health-investigating-escambia-county-ems-after-internal-complaint?fbclid=IwAR2Jy8glhCLenH7iP_RgQaevodBJcsPJ5Lh866pjMULEYfA0HRS3gxZ6gZM
The public can zoom in on the picture of the letter.
Commissioner Bergosh, now along with everything else it seems as if you will have to get to the bottom of the above statement that 2 of our EMS "sabotaged" protocols.
That's a pretty serious charge, and certainly there would be some documentation of this. Oh, and documentation in real time. Not statements made a year and a half later.
In addition, you might want to include in the discussion at the next BOCC meeting whether HR can take statements on disciplinary matters from people whose resignations have been accepted by the County.
It is at best unusual, is not customary, and is generally unacceptable per case law for HR to take statements on disciplinary issues from past employees who have had a resignation accepted. This scenario might provide an important moment for the County to review HR policy and practice.
--Melissa Pino
All they then did was photo copy another local EMS system protocol. Litterly... Just a copy with strike throughs of things not applicable. They couldn't even delete these items! Just a strike through!
Why does the BOCC allow Underhill blame the board, economic development and the Bear family in cahoots with the firefighter union county employees? Please go to the Escambia County Professional Firefighter page and look at his comments.
There were change orders, raises, and fire truck purchases last year.
People buy into the rhetoric. It dangerous, damaging and misleading.
Censure Douglas Underhill
https://www.thepetitionsite.com/707/287/628/censure-commissioner-douglas-underhill/
Responding to the anonymous comment above
"All they then did was photo copy another local EMS system protocol."
To the best of my understanding, Escambia EMS is functioning on primarily Santa Rosa lifeguard protocols, and have been directed not to use any of the protocols established by Dr. Henning. Moreover, I have been told that Dr. Henning's protocols have been widely adopted across the country, and are considered by many in the field to be groundbreaking.
And yet our EMS are being directed to use life guard protocols? As absurd as that sounds, I believe it to be true. Hopefully if it's not, someone from EMS can correct the notion.
--Melissa Pino
Why did Underhill call Weaver in his office and the Union do a no confidence vote and try to get Nail in place like a coup? It seemed like Amy Lavoy stopped it. Underhill seems to hate the Ecat union but love FF union for some weird reason then go all out emotional appeal and again as usual try to make himself out to be the hero, and everyone else the bad guy liar corrupt etc. People fall for it.
What happened to Nail and why did Lavoy say she was doing the county a favor by letting him resign? Did anyone ever find about about his Orlando connection and the Rescue company one and why they didn't submit bids appropriately? Nail had years of government experience and should have known better. Were they trying (and accomplished) to runoff other local long time employees?
Was it a set up to get people in place they were friends with possibly? The intrigue is still there. It looked like an attempted, fairly successful coup. Looks like they tried to shut up Pino also and others helped by supplying screen shots even going as far back as 2018 from ECW. They even started a go fund me and donated to it for Edler. Really stinks. Wonder if all that will come out or not.
Wonder if John Dosh can shine some light on that. He was shaking his head in the background at the meeting on May 9, 2019 when Edler was at the podium.
So yes just what went on last spring and summer?
Also remember the issues with the Scott air pack and and certs. The fire fighters try to pull things over on the BOCC. That's why they should remember deceit invites scrutiny. Don't cry wolf. You can fool some of the people some of the time but not all the people all the time.
Melissa,
The way I understand it is that the new protocols had been in progress for quite some time...perhaps a year. At first under Dr. Henning and then under a very respected medical director with military, EMS medical direction and ED medical direction experience. Those new protocols were ground breaking and established very clear lines of medical care that then were reinforced with service excellence and modular training (that the good doctor failed to follow through with). I believe that the protocols were completely finished by the interim medical director, but the chief at the time wanted the newly hired (but not yet started) medical director to be abel to fully review them and make any changes that she felt necessary and the protocols were delayed. A clear deference by our chief at the time to this new medical director. It was her rapid meddling in those protocols that caused confusion. It baffles many of in EMS how she can say anything about the protocols. We saw her working with the office staff on them, she sent an e-mail telling us she had approved them, and her signature is on the protocols. It was only after she needed a narrative to attack was there an issue. All people have to do is follow the time line. She made no complaints or had any issues until AFTER complaints were filed against her. Instead of protecting the whistle blowers the county turned on long standing employees. Disgusting.
Commissioner,
This may be a little off topic. I just watched the May 9 COW meeting where the discussion concerning the single source procurement was addressed. One thing that caught my attention was the claim by Doug Underhill that two EMS employees had self reported that they were given certs on things they had not received training. My question is, what is the status of those two employees and how was that situation addressed? Also back on topic, since Mr. Selover was not given the results of the HR investigation until just recently why is he not afforded the same process as Dr. Edler and able to provide witnesses and documentation to respond to the findings? I sure hope that you can get to the bottom of this. Are the two employees that self reported still employed by the county? Were they given the chance to renew their certification? Not sure exactly what Mr. Selover was deficient in according to Dr. Edler, but can he be re-certified and regain his position? Too many questions on this.
I'm wondering what happened with the first five employees. Two were subpoenaed as witnesses for the defense of Pino but never took the stand Nov 13. Why did Underhill excuse himself during the May 2019 county meetings? Was he named in the EOCC complaints? Wondering what happened with the FDLE raid. Not everyone has short memories. Does the medical director still work at the county? What do you make of the upcoming depositions on the horizons on the Edler vs Pino case? Thank you for your interest in public safety.
If Edler will (allegedly) harass a citizen via the court system and claim something that the defendant didn't even do -- such as post her address, attempt to claim damages to seek monetary reward, move the goal posts often and then also take it to an appeal court *It's on record* You should all ask yourself will this person also harass an employee and try to take an unmerited claim to a legal entity such as the DOH as well? Do you detect a pattern of behavior?
It is on the agenda.
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