<center>SHELLEY DEVINE'S $38,544.81 PROMOTION PART II</center>

Originally published 1/21/2014

The Banality of Systemic Evil - NY Times:

"In “Eichmann in Jerusalem,” one of the most poignant and important works of 20th-century philosophy, Hannah Arendt made an observation about what she called “the banality of evil.” One interpretation of this holds that it was not an observation about what a regular guy Adolf Eichmann seemed to be, but rather a statement about what happens when people play their “proper” roles within a system, following prescribed conduct with respect to that system, while remaining blind to the moral consequences of what the system was doing — or at least compartmentalizing and ignoring those consequences."

This posting and the one before are about the recent promotions of two employees with well documented histories of abusing their positions of authority against subordinates.

These are some of the responses Interim General Counsel Shelley Devine, wrote to BOLI (Bureau of Labor and Industries) on behalf of Trimet in defense of a complaint I filed. They are discrepancies, conflictual with Trimet's own policies and other documentation from other events she was aware of as well. Fabrications intended to deceive the BOLI civil rights process. Ethics violations! I took a break from writing these last postings as they were/are the most difficult, I didn't want to re-live them again. But the truth is Trimet is still retaliating against me and it's continuing to affect my livelihood. Each time I'm mandated into a meeting, they're still not telling me what I've been accused of, my time slips continue to be thrown away and reprimands and warnings get attached to my personnel files. When I saw the promotions I knew it was time to tell the rest of the story so I could move on with my life and let the legal system do it's thing.

Some of it's old. Some of it's new. But it is what it is...

In one of my earlier posts I talked about how Trimet Executives literally create 'teams' of employees from different levels within the company to retaliate against a subordinate. It's a GROUP effort. Through THIS you'll see the names of 9 Executives and a Garage Manager who actually went about exchanging ideas through e-mail and conferences on how best to"avenge" me for whatever they believe I'm deserving of. Trimet, a world filled with secrets, personalities and retaliation.

IF YOU'RE A SUPERVISOR, MANAGER OR EXECUTIVE WHO'S WILLING TO USE THE POWER OF YOUR POSITION TO BULLY AND LIE ABOUT SUBORDINATES, THE CHANCES OF YOUR BEING PROMOTED ARE FAR FAR GREATER THEN IF YOU ARRIVED WITH JUST "QUALIFICATIONS AND INTEGRITY."

PROMOTED

(interim)

BEFORE

date unknown

AFTER

Image from

November, 2013

SHELLEY DEVINE

was

DEPUTY GENERAL COUNSEL SENIOR

$139,290.00 (3.22% secret merit raise.) per 2012 W2

REPLACED:

JANA TORAN

Devine's predecessor.

$175,663.00 (8.35% secret merit raise. ) per 2012 W2.

Assumably, Devine will be making the same as Toran, (IF SHE ISN'T ALREADY), when and if "interim"becomes permanent.
If so, that means a

$38,544.81
raise.

Shelley Devine, Intérim General Counsel

WHAT SHE WANTS YOU TO BELIEVE ABOUT HER:

Apparently she represents Trimet.

"...to effect positive change in people's lives."

1.) BE IMPECCABLE WITH YOUR WORD

Speak with integrity

3.) DON'T MAKE ASSUMPTIONS

Find the courage to ask questions...

4.) ALWAYS DO YOUR BEST

WHAT SHE DOESN'T WANT YOU TO KNOW ABOUT HER:

Screen shots of documents Devine wrote:

From page two of her summation to the BOLI Investigator:

Click image for zoom

The truth, I filed a BOLI against Trimet and Peggy Callahan, etc because they didn't investigate my complaints against Blogger Al or his complaints against me. As a result I received reprimands in spite of the fact that Callahan refused to tell me what I was accused of, then Devine came along and protected another Operator from him, but not me then retaliated against me for filling to BOLI by lying to the Investigator.

Re: Yellow screen shot above - "Unnamed" employee (Monica) the same person Evelyn Warren referred to in e-mails below:

The lawyer Devine heard the dispatcher call her "Monica" in the call. She knew it when she discussed giving Al a 'warning' with Robert Romo. She knew it on February 10, 2011 when I complained about differential treatment to Carol Jolly. She knew about it when I complained to Shelly Lomax, Hayden Talbot, Neil McFarlane et al on November 13, 2011. She knew her name when she wrote BOLI Investigator Valverde on December 30, 2011, but instead chose to play dumb. It's not like Monica went to HR with a bag over her head refusing to show her ID.

When managers, executives within the Agency become aware of Bullying behavior in the work environment but refuse to intervene or choose to act out against the target as well, like Callahan, Warren and Devine, they're all guilty of doing the same. These aren't children bullying children. They're all highly paid adults!

There was a conversation between a few Operators regarding Al making negative comments about some of the dispatch tapes so I contacted Evelyn Warren suggesting they ask him to start 'distorting' voices. The e-mails above was her response.

Looking back, I now realize IT WAS SHELLEY DEVINE ALL ALONG WHO ULTIMATELY MADE THE DECISION THAT MONICA WOULD BE PROTECTED FROM AL AND I WOULDN'T. For Monica, Devine OVERRODE his Freedom of Speech, free airway by enforcing in-house policies which meant giving him a 'Warning' for publishing the tape. BUT for me she OVERRODE those same policies thereby protecting his Freedom of Speech. In essence, it was Devine herself who violated Respectful Workplace and IT by refusing to enforce them.

Although the call is difficult to listen to, Margulies didn't change the integrity of the recording by adding or removing or making comments about her. He simply posted it as is so the public could get an idea about what ACTUALLY happens on the buses and rightfully so. He didn't publish her name or images of her which he had easy access to. He didn't call her a "whack job", or a "Paranoid Schizophrenic", or "that woman with obvious mental problems". He didn't create a hostile bullying workplace for her. His friends weren't calling her names in the comments section of his or other Blogs around town. He wasn't trying to get her blackballed from her Union by soliciting signatures from co-workers during working hours on company property or like Chris Day did by sending out hate e-mails about her to the entire Black Caucus membership. He didn't use brainwashing or propaganda or other techniques to persuade co-workers, managers and others to take sides against Monica or ostracize her from the social workplace community. But what he did get was a 'Warning' for doing something perfectly legal and she got protection for complaining about something that shouldn't have been an issue in the first place. Then Devine tried to cover up the differential treatment between Monica and myself so she acts dumb and tells BOLI that Monica is "unnamed" so therefore must not exist.

DEVINE

THIS IS WHAT MCFARLANE WANTS AS A REMEMBRANCE OF HIS LEGACY!

Then to add insult to injury I see THIS:

Last sentence: (from Robert Romo, Ass't Mgr, Merlo)

Romo: "Although dispatch radio communications is an open airway, the effect your posting had on your co-worker outweighs any reason why someone would want to post that event for the world to hear. As soon as management was aware of the posting I asked you to take it down. You did as asked, however, the damage was done and the coworker was offended, embarrassed, and distraught upon reporting to work, just before having to operator a bus."

Didn't ya think I was 'damaged' too because of the continuum of postings about me over the years?!! Didn't ya think I was "offended, embarrassed, and distraught" too "just before having to Operate a Bus?" Didn't ya think I had feelings too or did ya just think that Monica's were more important? Damage was done to me too but no one ever asked how I was faring through it. What do you think it was like for me having to Operate a Bus with our customers recognizing me from Al's Blog and being in fear that one of them would act out. My picture was associated with name-calling and hatred. They knew what I looked like, then Lane Jensen posted my work schedule on BOTH blogs which made my operating a bus more then a safety issue. I don't have the same safe guards as my co-workers when driving or Trimet would've done something just as significant for me as they did for Monica and one of the trainers. You knowingly allowed Jensen, a customer, access to your computers for the duration of my signup so I could be found no matter what route I drove and did nothing to stop him. Then you have him arrested for a felony of all things for texting your Spokeswoman on her 'on call' phone. It doesn't make sense. You help Monica for a 'free air' tape but won't help me for the extreme Respectful Workplace IT violations. Everything in Trimet land is la la, all askew from reality. It's like you're helping people you like, fucking those you don't and, good gawd, where in the hell does 'professionalism' fit in?

Monica and I were both published on his blog. She complained to HR and the tape was immediately removed, as a result he received a 'warning'. I complained to HR for a much longer period of time (2009 to 2011) about way more serious policy violations but ya all refused to help me through the same policies with the same concerns and as expeditiously as you did for her. Trimet ignored my pleas for help but used my concerns instead as a tool to beat me up.

*********

Screen shot from page two of Devine's summation to BOLI:

HOW ABOUT THIS? IS THIS FACTUAL ENOUGH FOR YOU???!!

I forwarded these from my trinet (work) account to home.

...and again

click images for zoom

I followed Peggy's instructions to try and stop the policy violations by reporting to my Assistant Manager every two to three weeks.

At one point she told me, "HR isn't going to help you." Then she started sending 'prayers' to my company e-mail. There were other issues at that time as well. Hayden Talbot and Mickey Young exposed my FMLA diagnosis to co-workers and Chris Day / John Olsen (neither of whom I've ever had a conversation with) kept writing me up and HR wouldn't investigate. I wanted to be treated equally, professionally. I wanted them to enforce their policies - NOT send me prayers! HR knew about it because Carol Jolly, an investigator told me Trimet IT has access to in-house e-mail and monitors it regularly. Plus Boli paperwork reveals Peggy Callahan investigated and Devine signed. I wouldn't sign my name to a legal document I knew wasn't true.

When I asked for policy enforcement I was told to pray.

Prayers and religion are very much a part of Trimet's managerial and executive culture. But at the same time, their hiring practices are amongst the best in the country in terms of diversity. Once you get in it's a whole different thing. Those of us who are not Christians are treated like we're not Christians. Like we're going to hell. There's an underlying expectation. It becomes an issue! Hayden Talbot, former Director of Transportation was a born again Christian and he held prayer meetings in his office. He used his religion to manage and judge subordinates. He hand picked Managers and Assistant Managers who believe as he. There's a very conservative religious right wing influence running Trimet. Very strong homophobic faction to this day!

And then, you have Neil McFarlane giving speeches at Basic Rights Oregon.

Neil McFarlane: Pour another cup:

"One rider asked if TriMet offers cultural competency training to its employees. I was pleased to report a new development: I have set aside funding for the next fiscal year to give a pivotal group of over 100 of our frontline employees – the ones with the most contact with customers and operators – training that will strengthen their understanding of the diverse communities they serve each day..."

SERIOUSLY!!!

The dysfunction within TM is overwhelming. The right hand doesn't know what the left hand's doing. I'm not against religion it's just that I don't believe in Church and State. I don't want anyone trying to sell theirs to me and I don't want it used against me. This Agency needs to be run more professionally. We should be celebrating the diversity of our community of employees and customers instead of secretly practicing and preaching hatred against them by giving in-house homophobic religious and political groups the power to exist.

I wear a blue shirt. We are generic - we are one. It became miserable for me. One of my friends told me that Ruth used her position against her to discriminate time loss because Ruth's religion didn't believe in abortion. The abortion didn't have anything to do with my friends time-loss, it just came up in conversation but she nevertheless used it against her because she didn't like her views on the subject.

Evelyn Warren, another from Talbott's group told My Union Rep and I the same thing in a grievance hearing. "HR isn't going to help you." She said because my reprimands came from HR the grievance process won't work. So, somehow HR has decided they're EXEMPT from the Union Contract?!!

From Devine's BOLI Summation:

Click images for zoom

"DOES NOT TOLERATE DISCRIMINATION, HARASSMENT, OR RETALIATION IN ANY FORM."

From 1948 Greyhound ad

WANNA BET?!!! JUST THIS LAST YEAR:

1.) THREE of my time slips (pay time) for mandated meetings were DESTROYED and in their place I was given time-loss. One was paid as the result of filing a grievance, the other two are still awaiting the grievance process. The last one, a grievance filed for receiving a 'warning' for honking has yet to go to the pre-filing conference. When other pre-filings get heard within a week or two, this one's been waiting over two months.

2.) I was beaten up in meetings so badly that my disability kicked in and I was UNSAFE to Operate a Bus by Trimet's own 'fitness for duty' standards (SOP 584). But, Trimet Management expected me to drive. They refused to accommodate my disability. They threatened, drive or suffer time-loss. This came from Warren.

3.) I was literally BLINDSIDED by an outside lawyer Trimet hired to investigate this Blog as an attempt to SILENCE ME from exposing them about such things as is being written here right now. I was cleared. The internet is the internet. I don't need to ask anyone's permission to capture their image and publish it. The lawyer charged tax payers $5, 276.25 in fees.

4.) I was charged with INSUBORDINATION after saving a guy's life who suddenly appeared within a foot or two of my Bus. Management refused to tell me why and the only way I could find out was through Public Record Documents. Trimet Center Street Management refused to let me see the Supervisors and Investigators reports. Ass't Manager Mark Poulson tried to keep me from seeing his. They retaliated through the accusation then refused to tell me why I was charged. The event was March 3rd. Poulson's investigation cleared April 4th. On July 7th my Union Rep and I asked Evelyn Warren in a grievance hearing if she knew why I was charged and she said, "no". She said, "NO HARM DONE". It wasn't until November 21st that I found through Public Record Documents that I had been cleared. From March 3rd to November 21st. 8 1/2 months later.

5.) Management mandated me into meetings, THREE TIMES without telling me why. Because of that, I loose the ability to defend myself because I don't know what I've been accused of, so I can't collect witness cards even after the fact. In the red light/horn honking meeting Montoya refused to show us the data pack for the red light one. Then admitted I didn't run one. Then accused me of HONKING the horn inappropriately, then hands me the Oregon State Statutes for Horn Use. At some point later that afternoon she went into the Station Agents area, got ahold of the 2 1/2 hour time-slip and threw it away. (which put me time-loss) then she gave me a 'WARNING FOR USING THE HORN I have to keep calling the Time-keeper to verify if I've been paid. No one else is treated like this. RETALIATION!

6.) I complained to:

Evelyn Warren

Center Street Garage Manager

$82,141.71, per 2012 W2

... that her new Assistant Manager Montoya was creating a Bullying hostile work environment for me by mandating me to meetings, refusing to tell me what I was accused of, destroying my time slips (pay), giving me behavioral 'Warnings' and HR violations without investigating, lying in a grievance determination, and being physically and emotionally intimidating. It was like she came out with both gloves on swinging. I asked Evelyn for permission to see another Ass't if needed but she refused to respond. If a subordinate tells a Manager the ass't manager is Bullying and harassing them, then the Manager has to take action or she's participating. Warren was part of the problem. Very little if anything is allowed to go on with her Management team without her input.

Hostile work environments are serious legal actions these days. Trimet doesn't care and I think that's because the Federal Government takes care of their legal fees and the tax payers pay damages. The employee being sued has no personal liability UNLESS you are caught purposely lying. Then you can go after their pensions, savings, homes.

THEN THERE'S THIS:

click images for zoom...

A customer complaint. This one in particular is from Lane Jensen. I have 8 complaints in my file just from him and his friends. I didn't receive them until I asked for a full accounting (erc file) and follow up info for the last year. Liza Mitzel and Mark Poulson, both Assistant Managers at two different times, assured me the complains would be THROWN OUT. They weren't! They typically stay in our employee file for 18 months, BUT now that I find the Lawyer Devine was involved, they'll remain forever after in legal. Probably filed under 'Enemy of the State'!

WHAT IS DEVINE DOING IN MY SIP FILE AND WHY?

After Carol Jolly refused to investigate my claims of Respectful Workplace against Al Margulies and Chris Day I wrote a rebuttal. As you can see from the screen shot below it was also copied onto Neil McFarlane. He refused to respond.

McFarlane, "Who me?"

I thought, perhaps he didn't know anything about internal policies like RESPECTFUL WORKPLACE and how IT outside blogging by co-workers affect it, Bullying / Harassment etc.

NOT TRUE!!!

He actually CHOOSES to look the other way!

CHECK IT OUT:

OPERATOR'S NEWSLETTER

RESPECTFUL WORKPLACE, 2007

Click image for zoom

List of names under "Whom to contact" for policy violations:

Colleen Sexton, Director of Human resources.

Lucy Shipley, Director of Employee Services

HR Manager, Angela Burns-Brown

or any executive director,

Dave Auxier

Steve Banta

Olivia Clark

Neil McFarlane,

Brian Playfair

Carolyn Young.

All of the names listed were active employees in 2009 when the problem with
Margulies started . They remain at Trimet today with the exception of Banta,
Plairfair and Young. Three from HR and they didn't intervene?!! I talked with Carolyn Young about it a couple years ago. Trimet communications monitors employee blogs, the first to do it was Josh Collins then Jessica Bucciarelli.

As a result,

All the Executive, HR and Managerial factions of the agency are updated at weekly
meetings. They're all part of the problem because they KNEW it was going on but did NOTHING to stop it! Wouldn't even acknowledge it.

The bottom section of the newsletter is as follows:

Q and A

What should I expect from a respectful workplace?

Section 171of the HR Manual includes a dozen question and answer pairs.

Here's the first answer:

"Trimet demands a work ethic based on integrity, fairness and personal respect for each employee. Negative slurs, stereotyping, profiling, use of offensive written or graphic materials, or threatening or intimidating, hostile acts on the basis of protected characteristics will not be tolerated. Employees should treat each other respectfully, work professionally with one another, and act professionally their dealings with subordinates, peers and supervisors."

Devine's response to BOLI

I like to show this one (Trimet's response second paragraph) because she didn't do her research, She tried to cover it all up with a bunch 'a baloney. The whole situation with Margulies and his Blog was and remains so horrifying to me that there's no way I'm gonna let them get away with it. I'm still fighting back. Al is who he is and I finally came to terms with him, but when your employer writes and enforces in-house policies protecting others from similar violations but not you, you can't let it go. My career, my safety, my life is just as valuable as anyone else's.