The White House 6699 Silver Ridge Drive SE
1600 Pennsylvania Avenue NW Tumwater, WA 98501-6429
Washington, DC 20500 [email protected]
[email protected] http://olympiaonline.4Jobs.com/JamesPavlicek
Dear Mr. President:
Nearly five years ago I was forced out of my Community Corrections Officer position for reporting the state and federal criminal misconduct of two of my supervisors. I come to you for intervention in this matter at a Federal level. Because of circumstances completely beyond my control and I hope and pray you will request to review and investigate this matter and intervene on my behalf and the behalf of the several other coworkers who were recklessly and maliciously forced out of their jobs by rogue Department of Corrections investigator, Bob Hoover, in conspiracy with other management and supervisors. I have contacted many of the representatives in my state, the governor and even went to the state auditors' office. Linda Long at the State Auditor's office told me I should leave this state.
As a direct result of this action I have been unemployed for almost four years. The state has used false and negative employment references against me in many of the applications I have made. My supervisor retaliated against me when my superintendent requested I report the supervisors' actions. Subsequently the associate superintendent decided to hire a personal friend of his, Randy Habel, who did not qualify for the position. My coworkers and I were verbally and physically threatened by Superintendent Janet Barbour, Associate Superintendent Dennis Thaut and Habel when we protested this illegal hiring practice. We were told to keep quiet or we would be forced out of our jobs. My coworkers and I were forced to accept a paper trail of many false letters of reprimand.
Barbour told Correctional Officer Ed Dominick if he wanted a job transfer closer to his home he would have to document a false paper trail of violations against us. He was told if he did not comply, he too, would be forced out of his job. Eli Smith was eventually terminated because of these false allegations. Another co-worker was told by Barbour if he was to remain silent about this case, he would receive a desirable job transfer. He did receive that transfer to a counseling position he had been applying to previously for five years.
In the deposition of Habel, for Eli Smith's case, Habel admits to falsifying his application with the assistance of Personnel Officer Bob Riordan, Associate Superintendent Dennis Thaut and his secretary. Habel also admits having a current and past criminal record in the State of Washington and in several other states. He also had a dishonorable discharge from the military according to attorney Bill Knowles. He also states he did physically and verbally threaten Eli Smith, and me. Habel was recently moved from his DOC position by Thaut (and protected again) because Habel had threatened a staff he supervised for sex. Charlie Washburn, Corrections Program Manager, was told not to reveal information that would have helped us during this illegal hiring. During this process, I was eventually forced to make nearly a dozen office moves and eventually place on administrative leave for over a year.
While on administrative leave, AFSCME shop steward, Brenda Williams, and I prepared for my performance evaluation. During the preparation, we discovered that my personnel file contained an undated "Letter of Termination", which was evidently intended to be given to me at a later date. The investigation of alleged actions had just begun when this letter was prepared and placed in my file with a blank space for the date. Brenda Williams brought the issue up as a serious violation of Merit System Rules. After a year long apparent investigation by DCC, the only thing different in this letter was that the date had been filled in.
At my Employment Security hearing for unemployment, administrative law judge did not allow my witnesses and evidence into the hearing but allowed DOC witnesses and evidence even though this was not made available to my attorneys in the discovery portion prior to the hearing. The inmate making the allegations had an "infectious disease report" available to all employees who may have contact with him. It was common knowledge among staff this inmate has AIDS. Shortly after the hearing, this inmate James Greene died from AIDS. Also, I have passed two polygraph examinations, regarding having any sexual contact with any inmates, ever, which were admitted as evidence, although the Personnel Appeals Board stated these exams could not be verified. It was clear from the outset of this hearing that Board Members were biased toward the state by allowing the AG requests and my very same requests were denied. In addition, subpoenaed witnesses did not show up for this hearing. I contacted Don Bennett, Executive Director of the PAB, several times regarding this matter never receiving a response. The documented threats toward me and my co-workers by our supervisors were not allowed, yet all the false and retaliatory corrective action paper work that was put in my personnel file (without my responses) was allowed as evidence in this hearing. I have portions of the inmates' central files which have documentation of their mentally instability, drug use while institutionalized, and similar allegations made to other staff, yet no other staff were terminated except me. From the get-go, if I had been on the same playing field as the AG and PAB, but I was not even allowed on the field, so the was no due process from the very beginning. DOC representative Nani McLaughlin conspired with Pat Glebe (later promoted to associate superintendent) to perjure his testimony at my hearing. C/O Drew Wood never answered his subpoena to testify in my behalf because he was promised a promotion by DOC supervisors. Dominick also perjured his testimony at the hearing so get the job transfer he was promised by Barbour. DCC supervisors Jim Crabb, Robert Moore and Sharon Ericksson falsified my personnel file and other documents in this case. Robert Moore was promoted for perjuring his testimony at this hearing. My former co-worker, Eli Smith later informed me that our supervisor, confided in Eli that he was going to retaliate against me by turning in information that I was having sex with an inmate in the hobby shop.
To date, I still have not received a response from the PAB. It is amazing that I am required to supply all requested documents and follow all timelines, but the Assistant Attorney Generals' and the PAB are not obligated to follow the same requirements.
If you review each item presented above, you will see a blatant failure in the system to protect my rights as a state employee. You will also see what appears to be a systematic plan to eliminate me from employment for trying to "do the right thing". The "Whistleblower" program is meant to be a safe means for reporting violations that cause safety, financial and security risk to the state of Washington and its employees. Had I realized that by doing the right thing, I would end up losing my job, my retirement, my financial resources, and my life, I don't know if I would have made the same choice. It is truly criminal that in order to keep your job, some are forced to look the other way.
Thank you to Jim Brittian for all your help, you and your agency have been an asset to all honest, hard working state employees.
There are no words to describe what affect this hell has had on my life, and what kind of life I will be able to pursue as a result of the unjust actions taken against me while employed at Twin Rivers Corrections Center and the department of corrections and community corrections. I have not included any of the numerous commendations, letters of appreciation, and other documents supporting my credibility as an employee and an honest human being.
I hope you can please help me with this matter. I can be reached at (360) 357-5002. I am looking forward to talking with you regarding my case.
I can provide you with any documentation you may require. Thank you.
Sincerely,
Jim Pavlicek
