published: Friday, December 18, 2009
Ex-county employee files whistleblower complaints
By ED BALDRIDGE
ed.baldridge@newssun.com
SEBRING -- As the Department of Environmental Protection's (DEP) initial investigation into alleged improper disposal of asbestos pipe draws to a close, the U.S. Department of Labor's Occupational Safety & Health Administration (OSHA) begins their look into if the ex-employee with the county who "blew the whistle" was wrongfully terminated for letting his superiors know there were health hazards.
In a 42-page document dated Dec. 9, OSHA informs the Highlands County Board of Commissioners that federal investigators are looking into five different allegations made by Rick Solis.
On Oct. 23, Solis' attorney, Daniel Perez, Esq. notified OSHA that "Mr. Solis's termination was a violation of the anti-whistleblower retaliation provisions..."
Solis declined to comment on Wednesday about the pending investigation, stating that counsel has advised him to restrain from media interviews, but in September he stated that the county acted "recklessly" in how the hazardous material was handled.
On Thursday, County Administration Michael Wright stated that he did not think there was more to the complaint than an unhappy ex-employee.
"He is a disgruntled employee, and there is no merit to his complaint," Wright said.
"He informed me and (Community Service Division Director) June Fisher earlier that if we did not overturn a reprimand, he would be a whistle-blower. We don't think there is a problem here. It is not a hazardous material, but it is a regulated material, and it was handled properly," Wright said.
Solis, a 32-year veteran of construction work, told the News-Sun in September that he recognized concrete asbestos pipe being dug up, busted up and hauled off on several occasions while working as a Survey Technician II for the county on the Phase II of the Parkway project.
Solis also told the News-Sun that right after he notified his superiors about the health hazards, troubles with his job began.
"We are talking thousands of feet of this pipe. The county took out over 1,000 foot of pipe, and much more was buried. Thousands of feet. Anyone working out there was exposed. Kids playing on the dirt piles, people walking their dogs, other county employees, were all exposed," Solis said in the earlier interview.
"I had no problems until I complained and then they started a cover up. I was possibly exposed to a hazardous material, I do not see how they can defend themselves. There are no permits, and no hazmat team. But after I reported that to them, my work was no longer acceptable, and I got a notice that the county no longer needs my position as of Oct. 1 because of the budget. If there is a budget problem, why is another person already hired for my position? I was told during the budget talks that I had no worries because there was plenty of work for my position," Solis said.
After three months of investigations by the DEP, Investigator Sherill Culliver confirmed that the pipes removed were indeed asbestos, but stipulated that no wrongdoing was apparent and that no fines were levied by the DEP because, according to Culliver's report, only 229.9 feet were removed, not the 260 feet that required permitting.
Solis's personnel file shows that he was given a written warning on July 27 for not following through on gathering "as-built" data on inlets and pipe runs, according to county records.
The official reprimand from Gavarrete stated that the written reprimand was for "poor work and disobedience" for failing to provide data ordered by the County Surveyor and County Engineer.
Solis appealed the written warning, and Fisher reduced the reprimand to a verbal warning stating that "due to inconsistency of documents...this reprimand will be considered a verbal warning" on Aug. 27.
On Sept. 4, Solis received a notice from Human Services Director John Minor that he would he laid off due to budget problems, and that his layoff was approved by the Highlands County Board of County Commissioners.
According to OSHA regulations, the county has 20 days from the day the complaint was received to offer its response or a presentation to investigators.