REMEMBER THIS?
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This legal determination was written by an outside lawyer hired by Trimet to investigate me, against HR's Peggy CALLAHAN'S claims of, "In sum, Ms Callahan claimed you violated Trimet policy by posting comments on your blog (www.regardingtherantsofalm.com). She asserted that the postings are bullying, harassing, and defamatory and that you posted personal information about her without her permission." I've protected the lawyers identity as her determination by far exceeds anything of a personal nature.
My response to the lawyer:
Trimet's Response to BOLI:
This is a screen shot of a document Trimet provided to BOLI with information about Peggy Callahan's religion. It then became part of the Public Records. If Trimet felt the information was important enough to share with another public agency then they are the one's who are guilty of revealing her personal information, not me. My complaint was clear. The discrimination I experienced was from Hayden Talbot, Director of Transportation. My complaint about Callahan was her failure to investigate and various acts of abuse including a violation of Trimet's Bus safety policies.
Jana Toran, General Council
$175,000.00 per year
Oregon State Bar since 9/21/1990
According to the lawyer, Jana Toran hired her. I'm not aware what Toran was looking for, what orders she gave if any or if they were personal friends. What I do know however, is that the lawyer FOLLOWED THE LAW. That in itself was one of those rare WOW moments. Nevertheless, I remain VERY interested in finding out WHO was responsible for orchestrating the BLINDSIDED event on the day she first attempted to interrogate me. If you get nothing out of my blogging, at the very least you'll walk away knowing that my investigative abilities are SUPERIOR. Certainly by far SUPERIOR to Peggy Callahan's and Carol Jolly's. In fact I don't believe we even share similar definitions for the word.
Based on the lawyers interpretation, Trimet Policies are illegal yet she sent me a copy of them, 'for your review'. Third paragraph down, highlighted in RED, "Trimet takes allegations of this nature seriously. We are committed to providing a respectful work environment for all employees and respond promptly to reports of alleged violations of the respectful workplace policy, unlawful harassment or discrimination, I have enclosed a copy of the Respectful Workplace Policy and encourage you to review it."
A formed response at best. It's printed on each and every INVESTIGATIVE document HR sends out. It's false and misleading and is grounds for a legal action. It gives employees a false sense of security. There is no security, no consistency that you will be protected via policy from the abuses of a co-worker let alone from the abuses of the creators and supposed enforcers of it unless you have a friendship with 'em. HR Policies 166, Employee Conduct; HR 171, Respectful Workplace and HR 202, Internet Technology are for appearances only. A copy of is posted on the employees Trinet website as well as provided to the Board of Directors and the Governor. They even had the audacity to send them to BOLI, presumably with a yellow stickit stating, "We Care".
Last paragraph in GREEN, "Trimet policy strictly prohibits any form of retaliation, and you should immediately report any instances of such conduct. " And, my response of course is "To Whom?' There was retaliation within days of receiving the Lawyers letter. Who am I supposed to report it to?
*********
What I don't understand is WHY they hired an EXPENSIVE OUTSIDE LAWYER to meet with me when they have 34, six figure lawyers on site not to mention the guy pictured below. Stedman is The Executive Director of Labor Relations and Human Resources at TriMet. In the organizational chart, legal runs HR. Anyone of them could have consulted with HR or visa versa about the legalities of Constitutional law and Fair use rights, unless you feel you are so omnipotent that you couldn't care less about protecting the CONSTITUTIONALITIES of your employees.
Randy Stedman
$175,000.00 per year
Oregon State Bar since 9/15/1989
btw, he's also a Labor Lawyer.
...and a professional UNION BUSTER!
*** UPDATED*** Stedman's in charge of Human Resources. He was a consultant and took over HR (HR Business Partners) during the time Peggy Callahan placed me under three reprimands (December 6, 2011) which were clearly violations of Constitutional and Internet Fair use laws. He's her supervisor! He knows this blog! He referred to Trimet Bloggers and me by the FUCK word not that long ago. He monitors it as does Trimet's Communications Department. He's quite aware... One would think that as a member in good standing of the Oregon State Bar his 'ethics' would come before the culture of Trimet's hierarchy (usual way of doing business), but then whaddaiknow about such things. As a lawyer and the head of HR he's responsible for writing, overseeing policies. There's been several notifications posted of changes in policy since he joined the team. Wouldn't this imply he'd have some type of a legal obligation to make sure his his department was operating within the scope of Federal Laws? He knows about FAIR USE as it applies to the internet. His own Stacy Chrest (scroll down) wrote about Fair use not that long ago. He knows CONSTITUTIONAL LAW. Doesn't every lawyer? Isn't it pretty basic? Why didn't he not advise employee Callahan this was a "no-no" and could potentially cost them?!! Consequently, I don't feel the blame is 100% Callahan's. I never did. I believe it came from Stedman and Hayden Talbot. If you share similar value systems it's pretty easy to figure out which ones are more willing then others to follow orders. Kinda like gaydar. (it takes one to know one)
In light of the outside lawyer's determination and as a show of good faith, why doesn't Stedman just BURN THOSE REPRIMANDS, and put the ashes in an envelope to me along with a letter of REMOVAL and APOLOGY?
If I had the inclination, which I don't, I would create a pie chart showing which one of the three owned the bigger portion and I can pretty much guarantee it wasn't Callahan.
Having said that...
***UPDATED***
... the facts remain, Peggy Callahan's write-up against me, using our HR process, hiring an outside lawyer and using public funds to pay for her, isn't sitting very well with me at this point. Either she doesn't understand Policy (I'm trying to be nice, but the fact is she KNOWS policy!) or she's using it as a weapon for retaliation. In other words, the accusation of "violating policy" is good enough for her use against an employee she has a history of abusing but gawd forbid the employee comes forward with serious documented complaints against her and the process by which she put my safety at risk in my workplace. By Callahan's standards, I can just go to hell! She was retaliating against me! In light of the Lawyers findings, the reprimands Callahan placed on my record were illegal. "the internet is the internet" (still waiting for step 3 grievance hearing) They should be removed immediately. They exist in my record only because she used her position inappropriately to bully and intimidate me. The fact is I use lots of screen shots. I told my story using her words through public record documents and the internet.
Rankism is what people who think of themselves as somebodies do to people they take for nobodies. Rankism is pulling rank, putting people down, advantaging oneself at others' expense. Rankism is dominating or exploiting others.
Shelley Devine, Deputy General Council, Sr.
$134,757.00 per year.
Oregon State Bar since 10/6/1987
Another high paid in-house lawyer who could've advised Callahan 'not to do it'!
Her summation to BOLI:
Screen shot from Devine's message to BOLI's Lead Investigator on December 30, 2011, "...Ms. Fox files BOLI complaints when dissatisfied with the results of Trimet's internal investigations."
"...In her current BOLI complaint, Ms Fox is displeased with the outcome of a 2011 investigation in which a co-worker (Margulies) complained about her, specifically about the content of Ms Fox's blog. Ms Fox filed this BOLI complaint shortly after receiving a letter summarizing the outcome of that investigation, which concluded that Ms Fox had violated TriMet policy."
Ms. Fox's current BOLI complaint alleges that Trimet's General Manager, Executive Director of Transportation, Director of Employee Services, and two Human Resources investigators have treated her differently than other employees. Ms Fox has had little or no substantive contact with Trimet's General Manager, Executive Director of Operations, Unfortunately the letter ends there. Because of the comma it's possible Devine continued to list the group as above. If that were the case, then she wasn't aware (didn't educate herself?) that Shelly Lomax, Hayden Talbot and Evelyn Warren were my Garage Managers for interchanging years. That Carol Jolly, Peggy Callahan and Lucy Shipley were involved with the various write-ups against me throughout the years by John Olsen, Chris Day and Al Margulies. That I complained (e-mail below) to all of 'em including Neil McFarlane when the investigative processes didn't work BECAUSE NO ONE INVESTIGATED ANYTHING! I was literally being Bullied and intimidated in my workplace by the same people who were responsible for implementing and enforcing policies enacted to protect people like me from people like them! The same ones creating the policies were creating the problems. No wonder no one was enforcing or investigating anything (except for Monica F and a few other names I've become aware of. It's a scam! Callahan, according to public record documents made over $71,000.00 in 2011.
Devine, "Ms Fox has no or little substantive contact with Trimet's General Manager, Executive Director of Operations, yada, yada, yada..." (e-mail above)
Shelly Lomax, Director of Operations
$180,000.00 per year.
Shelly knew what was going on but refused to investigate.
...response to my writeup against Peggy Callahan. I didn't get an expensive outside lawyer to defend me, I didn't even get an investigation.
Shelley Devine, Deputy General Council, Sr.
$134,757.00 per year
Devine, "...Ms. Fox files BOLI complaints when dissatisfied with the results of Trimet's internal investigations."
OH HELL YEAH!!! WOULDN'T YOU TOO, SHELLEY?!!!
SERIOUSLY!!!
Didn't you ever envision at some point I might actually BOTTOM OUT from the ABUSE and BULLYING and start PUBLISHING THE TRUTH about your QUASI INVESTIGATIONS?!!!
QUASI refers to things and actions which are not exactly or fully what they might appear, but have to be treated "as if" they were.
Do you think I'm stupid because I Operate a Bus? What in the world made you think you could pull this off for as long as you did without some sort of repercussions? The carelessness of your behavior is frightening! Executiveism gone astray. Professionalism out the window. Documents left here and there, open for public scrutiny, let alone your own career so carelessly considered in your decision to sign your name to statements in a government investigation which you knew WASN'T investigated and WEREN'T true?!! Powell Ass't Manager Leonard Lambert knows that one too but the difference was, Lambert was ordered to sign them, Devine wasn't.
Even in light of the lawyers findings, Trimet continues to post the same illegal policies on trinet.
Either write and enforce policys that are legal or take them down! From this day forward, using the current policies as a tool to retaliate can no longer be an acceptable practice! (wonder who's gonna enforce that one. )
HR 171, Respectful Workplace
HR, 202, IT
Neil McFarlane, General Manager
$221,450.00 per year.
plus
($21,037.75) per month pension if retired today.
What I see happening is a war. A war between belief systems and personal values. The culture in the hierarchy at Trimet continues to exist because of greed, a lack in personal values, and a Governor who isn't quite present. An unfortunate set of circumstances coming from the Executive offices of a Publicly owned Agency. An Agency built on RANKISM!
EDUCATE YOURSELF:
WHEW, ...that was a mouthful, TIME FOR COCKTAILS...
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