Neil MacFarlane was ALWAYS aware his own policies weren't being enforced because I made sure he was aware! He knew about the abuse but he chose to look the other way!
If you know there's abuse going on and you don't do anything about it, you're just as guilty as the abuser.
This afternoon I had an opportunity to speak with one of the BOLI investigators about their process once a complaint is filed. Because Trimet is a Public Agency, we are required to file with BOLI in order to obtain permission to file a tort claim. The investigator said the Respondent (Trimet) has 14 days in which to respond after they're notified of it's existence. After that, at some point down the road - possibly several months or a year later an Investigator calls and speaks with the complainant and respondent over the phone. Supposedly that interview is 'in depth'.
Trimet's lawyer had 14 days to respond. She did but didn't investigate the veracity of her responses but signed her name to them, nevertheless. I'm not a lawyer, but even Bus Operators know better then to sign their name on something they know isn't true. She "denied" everything then signed it. Pretty risky business for a lawyer, it seems.
The hand written responses in the packet from public records were from Peggy Callahan's telephone interview. She appears to have had a heyday with the investigator. I can only characterize them as 'amusing'. It sounds like they went out for drinks and he either took notes or recorded her. She went on and on about my personal life and how she felt about it! WOW!!!
Nevertheless, what this means is the BOLI numbered Trimet responses to the complaints I've been addressing on previous posts were told to the investigator and lawyer by Callahan but never actually investigated by either one. Then, to make matters worse for Trimet, the lawyer passed them on to the investigator in writing.
Trimet's Senior Assistant General Council Shelley Devine.
What I've learned about Ms. Devine is that she's NEITHER HOMOPHOBIC OR
ANTI-SEMITIC, but PROFESSIONALLY she DEFENDS HE WHO IS!
Reminds me of a book (true story) I read years ago about a woman, Hannah who was the matron of one of Hitler's prisons for women. The women were being held there waiting to be exterminated. It later came out that Hanna was Jewish herself. When the lawyer asked her WHY she didn't just let them go she responded, "Because I was ordered not to!"
What I also know about Assistant General Council Devine is, "At 21 she received her Journalism Degree from UO and was excited to become an INVESTIGATIVE JOURNALIST." What I don't understand is why then, in this situation she trusted someone else to do her investigating before she signed her name on it.
Boli interview, No. 6 will be done in segments because there are so many documents. Including screen shots to the 3/14/2011 letter I wrote advising MacFarlane et al in rebuttal to an HR investigation asking that HR-202 and HR-171 (Respectful Workplace and IT) policies be enforced for me as they had been for another co-worker under similar circumstances. McFarlane, etc was notified not just through my letters and e-mail but through other sources as well. If any legitimate news source wants to examine any of the documents in full you may contact me through harriettsplace@gmail.com
The two points in contention are:
Trimet tells the Government Investigator (basically) that:
1.) Ellen Fox DID NOT bring her complaints to the attention of ANYONE meaningful!
2.) Ellen Fox was not treated any differently then any other employee under similar circumstances.
Shelley Devine, Asst General Council dba Trimet responds: to BOLI
1.) "TriMet denies that Ms. Fox has regular or substantive (meaningful) contact with any of the above-named individuals."
Neil McFarlane, General Manager
Shelly Lomax, Director of Operations
Hayden Talbot, Director of Transportation
Lucy Shipley, Director of Employee Services
Carol Jolly, Investigator
Peggy Callahan, Lead Investigator
Screen shots from BOLI Interview. Click for zoom.
My first "substantive contact" with Management that a problem existed. (August 2009) :
My second "substantive contact" to Management that their own Respectful Workplace policies were not being enforced. (October, 2009)
Although Margulies advised then Director of Transportation Peggy Hanson he had removed the videos it was only for a short while. When I started writing again he re-published them along with other negative damaging and hateful attacks against me. Name calling through video's and imagery. His actions caused me to follow Hanson's advise. Trimet already had Respectful Workplace and Internet Technology policies in place so I began contacting my ASST MANAGER ON A REGULAR BASIS every two to three weeks informing her of the Blogger's continuing array of workplace violations, questioning why policies weren't being enforced. I updated her on his postings which were nothing short of abusive. We discussed "policy" a great deal but my concerns were that 'policy' wasn't being enforced.
My third "substantive contact" to Management that their own Respectful Workplace policies weren't being enforced (3/14/2011)
None of the recipients of the letter responded other then Union Reps. (Bruce and Sandra)
My third "substantive contact" to Management that their own Respectful Workplace policies weren't being enforced (3/14/2011)
Trimet's Communications Department employed Josh Collins to monitor the Blogs. He reported his findings to the Director of Communications Carolyn Young who reported them to the General Manager, Director of Operations, Director of Transportation and the Garage Managers. In 2009, the GM was Fred Hansen. When Collins left , Jessica Bucciarelli took over his position of monitoring them. She reported her findings as well, to Neil MacFarlane, Shelley Lomax and Hayden Talbot until Margulies retired in 2012. I don't know if she's still involved but the agency continues to monitor anything and everything where Trimet is mentioned in the press.
Trimet Policies HR-202, INFORMATION TECHNOLOGY
Trimet Policies HR-171, RESPECTFUL WORKPLACE
By the end of 2010, for the first time, I officially 'wrote-up' Margulies and his friend Chris Day to HR. By that time, faceless commenters on both blogs were making serious comments about me. Some were showing up on my bus.
I had no idea who this guy and others were. Faceless predators with access to my work schedule. I do not have the same protections as my co-workers under similar conditions. My employers pick and choose who they will advocate for.
As a result I was working under more extreme conditions then co-workers in terms of my safety and the safety of the public as I operated buses down the streets. People were coming on my bus recognizing me from Al's Blog. Faceless people from the other side of the internet. People who were influenced in some strange way by the ongoing negative repetition. Carol Jolly the HR investigator actually dismissed the fact that the Bus was my workplace.
My third "substantive contact" to Management that their own Respectful Workplace policies weren't being enforced (3/14/2011)
Screen shot
Second paragraph of screen shot from the 3/14/12 letter was my first response to finding out I was being treated differently then another co-worker. A straight Christian woman, not just civil rights violations here but also years of retaliation in general. As the e-mail on the previous post suggests, lots of executives were involved in acts of retaliation against me. They would have to answer for themselves why they chose to get involved.
Response in bold black is from Merlo Manager Robert Romo. That paragraph was taken from a letter of "warning" Blogger Margulies received about posting Free Airway Dispatch Tapes.
My fourth "substantive contact" to Management that I was being treated differently then another employee under similar circumstances (3/14/2011)
2.) "Trimet also denies that Ms Fox has been treated differently then any other similarity situated employees."
Margulies letter of WARNING' for playing FREE AIR DISPATCH TAPES
What would make Trimet's Lawyer think I wouldn't have access to another Operator's discipline?
It had come to my attention that another Operator had complained about Margulies posting a FREE AIR dispatch tape about an incident on her bus. He had Constitutional rights to post it, she complained because someone recognized her voice. She went to HR and they IMMEDIATELY gave him a WARNING - which is the first step in the termination process. But I, on the other hand had been complaining for years about the highly slanderous negative abusive intimidating bullying and very public attacks against me to my co-workers, customers and Community and they blatantly REFUSED to enforce the same policies as they enforced the dispatch situation for my co-worker. They refused to assist me as they assisted her! She and I talked about it.
More Trimet Dirty Tricks later... Many more documents proving Trimet purposely lied in a Government Investigation.
who files 
***I'm not the only employee who's ever filed charges against TRIMET to BOLI due to retaliation and the loss of our Civil and Constitutional Rights. But certainly the only one who's spoken out about it so publicly. There's always going to be that 1% who try to shove their political and religious beliefs down the throats of their employees but that's one of the reasons HR departments exist, to make sure EVERYONE is treated within the parameters of the law! It should go without saying that our Constitutional Freedoms ALWAYS be protected in the workplace but there's something more going on here, something beyond my grasp for words that is so incredibly foul, particularly when you realize it comes from a PUBLIC AGENCY who's primary function is to deliver transit to a DIVERSE PUBLIC who supports it through their tax dollars. And that is the realization that those running the agency, THIS CURRENT ADMINISTRATION disrespects the values and protected classes of the Tri-County citizens in general.
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