Tuesday, September 04, 2012

Whistleblower gets a quarter million; but no vindication

To hear public servant Department of Health manager Diane Moore tell it, she was the victim of retribution and retaliation as the result of her whistle blowing. It has been two years since she filed her suit, and according to her, she continued to feel ongoing retribution and retaliation.

Taxpayers, by and through politicians and public servants, settled $225,000 dollars on her. That happened last year. We're only hearing about it now because the Journal pried loose the information from recalcitrant pols and public servants ignoring the spirit if not the letter of public records law.

They can afford to do that, because there is no consequence for politicians or public servants who deliberately violate open meetings and public records law. Any penalties levied against them are paid by taxpayers.

We pay the fines assigned to incompetent and corrupt politicians and public servants, assessed against them for hiding our truth from us. Nice work if you can get it.

According to the Journal, link,

In the settlement agreement of October 2011, the DOH denied liability and denied all of Moore’s allegations.
No one is accountable.

Diane Moore has been denied vindication of her allegation; as far as the state and anyone they tell their story to, Diane Moore is a tin-foil hatted, disgruntled former employee. Not the hero she likely was.

Moore's lawyer Diane Garrity, offered the Journal;
“Ms. Moore was courageous with her advocacy on behalf of the programs she deeply believed in. She had hoped to effect change with budget practices, enforcement of nepotism rules with hiring practices and protection of employees who blow the whistle.
And most importantly;
“Unfortunately, the Department of Health has not changed. Whistleblowers are still being fired, and employees live under the threat of discipline every workday.”
"The agency" offered;
"... settlement was a business decision, not an admission to any liability ..."
getaways don't get much cleaner than that.

It could be determined, if anyone wanted to, whether there is truth to Moore's allegations; whether or not Department of Health employees work in fear of a complaint process without due process and in the face of likely retribution and retaliation for any complaint.

All one has to do is ask them.

Survey employees and ask them, in a venue where they are protected from retribution and retaliation over their responses, whether they believe in the complaint process they are provided.

Nobody has to prove anything.
It is enough if employees believe it.

When it comes to retribution and retaliation, the effect is the same whether the fear is justified or not.

One of the most important indicators of institutional ill health is a feeling among subordinates that they cannot report the incompetence and/or corruption of their bosses. There must be a place where complaints see due process and retribution and retaliation are prevented. There is no equivalent gesture.

If there really is honest accountability to meaningful standards of conduct and competence within public service, accountability under a system beyond undue influence and powerful enough to hold the most powerful accountable, even against their will, where is it?

A recent audit of the leadership of the APS found a culture of fear of retribution and retaliation against anyone who points to administrative corruption or incompetence.

Years later, when asked for the public record of any change in policies, procedures, directives or rules that specifically address that audit finding, the response was,
there are no records responsive to the request.
There is not one thing that has been written down and signed, to indicate anything at all has been done to deny corrupt and incompetent administrators and board members, the opportunity retaliate against their whistleblowers.

Whistleblowers are the people's best defense against corrupt and incompetent politicians and public servants. They deserve better.

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