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published: Friday, December 18, 2009

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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.




ASBESTOS  (by: PRESTON H. COLBY  -   12/19/2009)

MBAKER: The problem was that the existing water pipe asbestos/concrete had to be removed to make way for Sebring Parkway Drainage materials. So, rather than add more costs to the CARL E. COOL MEMORIAL Sebring Parkway, the Engineer made the call, with Carl's advise and consent to remove and relocate the old water pipe, first to Road and Bride, then to Howerton's Pit. During Phase II the same water pipe, but at different locations was taken to the County Landfill, but the Landfill Manager wasn't going along with Federal Crimes so Road and Bridge had to "sneak" the pipe in when he and his staff weren't looking. It ended up in the sport called "Site 2" from which it was crushed into "aggregate" for use in the famous Landfill Asphalt Plant, which you will hear more about soon. The Landfill Manager is no fool, he's NOT going to commit Federal Crimes to protect the image of Michael Wright, Carl E. Cool and/or Ramon Gavarrette, Parkway Project Engineer. The attitude was "to hell with employee safety" image was more important, you know, "Looking Good" as opposed to doing good or Being Good. Typical Highlands County "double standard".

I'LL TAKE THAT BET  (by: Ray Napper  -   12/19/2009)

Hey there Bob, I'll take some of that action if you want to place a wager on it. What may happen is that someone may face charges but I'll bet (again) that it's not who you think.

Go with the flow  (by: Jim  -   12/18/2009)

Sounds like he was thrown to the curb when they found out he didnt play by there rules. However, everyone knows when you work for the City or County here in Highlands you better play by there rules. If you can't do that you had beter not even apply for the job. Its just like working for anyone else in the private sector, things do happen and you need to learn to keep your mouth shut, if you can't then you need to work for yourself and then you can deal with employees that always think they know more than there boss and then they can deal with people who wanna blow the whistle on them. Its called loyalty, good employees who wanna do things right have always been able to make changes for the good without calling in the 7th calvery and in doing so, they show to there employers that they are a asset and can be trusted to have more authority in making there dept or company a better place to work for other employees and also customers.

Bury it Deep  (by: JRT  -   12/18/2009)

Just like the city and the U.S. Army AirCorps in the 1940's and 1950's Lets just bury these propane tanks where they are, no one will ever know the difference. Now 50 to 60 some years later, what do you know there is a big expensive problem for the poor folks who bought the property,and the city and the U.S. Air Force want nothing to do with it. Its not their problem. The same problem will occure with this burried pipe. Some poor smuck who is living on the burried pipe 50 years from now will have to deal with it. And just as now the city and goverment will claim it is not their problem. What a pitiable bunch of fools we let run our city. Shame on us for being the bigger fools and letting them continue with their corrupt ways.

Watch out for the trees  (by: Rusty Shackleford  -   12/18/2009)

Good for you standing up for yourself Solis. Just remember the movie Silkwood. Don't become another Karen. I guess if they haven't found a way to silence Preston they might not be able to get you either. Keep up the good fight.

Asbestos  (by: mbaker  -   12/18/2009)

Why did they even remove it in the first place? As long as it sits in the ground it is not hazardous to anyone. It is when it is broken, cut, or sawed causing fibers to be released into the air and breathed into the lungs that makes it dangerous. I just don't understand the logic they used for removing it in the first place. It sounds to me like another act of ignorance in the lack of understanding by management of the dangers of asbestos that resulted in it being removed. Where is their training that the Federal government (OSHA) requires to be given and the paper work that is required to document that the training took place. That is why OSHA is involved and will no doubt find violations in the training and handling of hazardous materials. Be prepared to pay more fines, lawyer fees, and lost court cases, again. Just money wasted.
I believe it would be prudent for the County Commissioners to examine the professional level of their management staff and even consider hiring an outside human resource group to do an evaluation. It has already cost the County money in the recent past, and it looks like their is a strong possibility of it costing the County more in the future.

ASBESTOS  (by: PRESTON H. COLBY  -   12/18/2009)

Michael Wright, County Administrator is so desperate to make something "look good" for the County that he , AGAIN, shoots himself and the BOCC in the foot. Wright seems to think that asbestos is just "regulated" and does NOT want to admit that asbestos is "regulated" because it's HAZARDOUS. Does he relly think that asbestos is "hazardous" because it's regulated? He can't deny that asbestos was out there and the the County removed, crushed and relocated asbestos, Wright himself wrote a memo saying that. If asbestos isn't hazardous and a public safety threat, maybe Wright would appreciate some ground asbestos with his breakfast, lunch and dinner, as the County employees had to have.... When will Wright and the Board totally admit they "screwed up". Remember FDEP hasn't even started to investigate the Phase I Sebring Parkway Project asbestos removal, reduction and relocation... more as this plays out. Regards... PHC

AsbestosGate  (by: SebringBob  -   12/18/2009)

Another fine job of government stupidity brought to you at the taxpayer's expense. Solis will sue (and win). The government will settle out of court for millions of your tax dollars and nobody will get fired. What a joke. Hey, let's make goverment bigger so we all can work for it! I'd love a job where no one is responsible for anything.


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