Question

I am attaching a revised letter let me know what you think. I really want to know about the Whistle Blower Act does it only apply to OSHA stuff?Do you need any other info than what I went through yesterday?

February 16, 2009


Mr. XXXXXX XXXXXXXX, County Manager
County of Surry
XXX XXXXX XXXX
Dobson, North Carolina 27030

Dear Mr. Thompson:

I have given serious consideration to the conversation with you and Sandra Snow on Tuesday, February 10, 2009 and your advice to concentrate on work and try to overlook the events we discussed. A number of issues have ensued over the past week that places me in a situation of trying to perform my job in what I feel is a hostile work environment. In addition, I feel that I am the target of retaliatory actions and discriminated against based upon my gender.

Therefore, I am filing a formal grievance based on Article V, Section 7 of the Surry County Personnel Ordinance – Workplace Harassment Policy, subsections two and four. According to the stated policy, I am guaranteed the right to work in an environment free from unlawful workplace harassment and retaliation. A Hostile Work Environment is defined in the Ordinance as an environment that both a reasonable person would find hostile or abusive and one that the particular person who is the object of the harassment perceives to be hostile or abusive.

I am also filling a grievance for retaliation based on the North Carolina Whistle Blower Act and Discrimination based on gender as described in Title VII of the Civil Rights Act. According to the North Carolina Whistle Blower Act an employee may report misconduct on the part of an employee without fear of retaliation. I reported legitimate concerns about a male employee that has resulted in immediate action removing responsibilities from me and giving them to a male employee (Senior Supervisor, Myron Waddell). In addition another male employee (Assistant Director, Jonathan Strickland) was aware of my notification and approved it after speaking with you but he has not been involved in the retaliation. This is covered in Title VII of the Civil Rights Act.


The following is a chronological recall of the events that transpired from January 30, 2009 until February 12, 2009 and have initiated this formal grievance.

As you are aware, On Friday, January 30, 2009, I sent an email to Dr. Jason Stopyra, EMS Medical Director, requesting that he review the medical calls involving patient care provided by Paramedic John Shelton. This letter was written as documentation to follow up the verbal request that Dr. Stopyra speak with Paramedic Shelton concerning the same calls. Dr. Stopyra refused to take part in anything other than a private discussion with Mr. Shelton. For this reason I felt that with the written documentation that I had met my ethical and professional requirements in this matter.

On Friday January 30th at 9:30 pm Assistant Director, Jonathan Strickland called to inform me that Mr. Shelton had called them into a meeting that afternoon because of my request to Dr. Stopyra and that Mr. Shelton wanted me to know he was mad. Mr. Shelton wanted Mr. Strickland and Mr. Waddell to have a meeting with me Monday about the letter and wanted to make sure I was going to be in the office.

On Monday February 2, 2009 I was instructed to meet in a closed-door session with Jonathan Strickland, Assistant Director and Myron Waddell, Senior Supervisor. During this meeting, I was advised that Mr. Shelton was still angry and had made some changes in my job duties as follows:

1.     I will no longer be responsible for peer review and that responsibility has been given to Mr. Waddell.
2.     I will no longer review any patient Care Report for any reason. Any request I have brought to me for review will be turned over to Myron Waddell.
3.     I will no longer be attending Regional Training Committee Meetings as this responsibility has been given to Mr. Waddell.
4.     My staff and I are no longer allowed to attend EMS management staff meetings.
5.     Mr. Waddell was told that he should move the training files into his office, but advises that they will remain in my office for the time being.
6.     All recertifications must be reviewed and approved by Mr. Waddell before actual recertification is complete.
7.     My Assistant and I are now required to wear field uniforms on a daily basis and be available for call if not actively involved in training duties.
8.     I will report to Mr. Waddell regarding my schedule of office hours and outside activities and days off at al times.
9.     When representation from the training staff is requested in meetings or events, Mr. Waddell’s approval is required. (This has not been the case)


On Wednesday, February 4, 2009, Mr. Waddell informed me that Mr. Shelton contacted him and asked him to advise me that when my assistant and I are in the office for the day, we are to report to the on-duty supervisor to be assigned an ambulance and complete the daily check-off to be available for call. This has previously been the duty of on-duty shift personnel.

On Tuesday, February 10, 2009 Mr. Waddell advised me that Dr. Stopyra had rescheduled Paramedic oral boards for February 19, 2009. He further informed me that my presence would not be required. In the past, oral boards have been the sole responsibility of the Training Officer. Mr. Waddell further advised that only Dr. Stopyra and he would be evaluating the oral boards.

Since this incident began Mr. Shelton refuses to acknowledge or interact with me in any manner.   

In addition to the abundant changes in my job duties and the rather obvious reduction in my daily responsibilities and authority, I feel that I am working in a hostile work environment and that the actions that Mr. Shelton has taken are clearly in retaliation for performing my duties as set forth in my job description.

I have been a dedicated employee for the citizens of Surry County for 14 years and have had Above Standard evaluations. The most recent in 2008 completed by Mr. Shelton. I have always done my job as a Paramedic and Training Officer with the quality of care for the citizens of Surry County being my highest priority, which is demanded by my professional and personal ethics.


Sincerely,



XXXXXX XXXX, XX, BSN, BS, ASN, AAS, CCEMT-P
Training Officer