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untanglingwebs
El Supremo
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CPSA COURIER August 27, 1995 Sally Haywood
NEW ALLEGATIONS AGAINST OMBUDSMAN SURFACES- Tensions rise at Public Hearing
A crowd of about 70 people showed up in City Council chambers to hear what they thought would be a public hearing on allegations of sexual discrimination against Flint Ombudsman Darryl Buchanan.
Instead they heard a barrage of testimony that encompassed a variety of complaints against the Ombudsman, including: malfeasance and nonfeasance of office, sexual discrimination and harassment, the creation of a hostile workplace, possible use of a public office for private gain, retaliatory terminations designed to eliminate employees for his own purposes and investigation of matters unrelated to the Charter mandate for his office. Buchanan denied the allegations. |
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Sun Dec 11, 2016 4:01 pm |
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untanglingwebs
El Supremo
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Buchanan was given an administrative leave with pay on June 26 after review committee met on allegations of sexual harassment made by two of his employees, Deborah Milling and Rose Fizer, The initial investigation and the subsequent submission of the investigative results of the five member review committee complied with the procedure established in 1994 to deal with allegations of sexual harassment.
However, Genesee County Judge Geoffrey Neithercutt ruled, on July11, the Flint City Charter did not make provisions for the City Council to place the Ombudsman on an administrative leave, even temporarily, but could only remove him for cause. |
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Sun Dec 11, 2016 4:15 pm |
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untanglingwebs
El Supremo
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As a result, Attorney Charles A. Forrest Jr. was appointed as special counsel to review the official misconduct charges against the Ombudsman and report if there was just cause for his removal by the council. His report recommended that there was just cause for a hearing on the question of his removal and is the basis of the hearing.
Had Bucanan requested a closed hearing, the public would have been barred from the proceedings.
The first witness was Joseph Valu, senior investigator in the ombudsman;s office for 1 year. he was employed in the office for 4 years prior to becoming senior investigator under Buchanan, as a complaint intake worker and U of M-Flint intern. Valu outlined a scenario of increasing tensions and the creation of a hostile work environment in the office. |
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Sun Dec 11, 2016 4:26 pm |
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untanglingwebs
El Supremo
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he said he and the other staff persons noted a change in Buchanan;s attitude and relationship towards Deborah Milling shortly after Buchanan became the Ombudsman in August of 1994. Valu said the staff repeatedly asked her what was going on and what had she done for Darryl to treat her badly and said she would not answer them. It was not until some time in January, said Valu that Milling told the staff about her previous relationship with Buchanan and showed them photos of her and Buchanan together. He stated Milling indicated it was her belief that their failed relationship was the cause of the office problems.
Documents show that Milling filed a civil rights case against Buchanan on January 10, after first consulting the members of City Council. In her case she alleged Buchanan did not criticize her work performance, but had begun to establish a series of procedures and hierarchies to diminish her job responsibilities, which she said seemed job threatening. |
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Sun Dec 11, 2016 4:54 pm |
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untanglingwebs
El Supremo
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As Valu testified, he described what he called a pattern of increasingly erratic management style starting in January that disrupted the work environment of the office.''Valu described a January 6 meeting the staff refers to as Freaky Friday. Valu stated Buchanan was angered because Ramona Sain stayed in the office late the previous Wednesday to work. As a result, he said, Buchanan threatened the staff with disciplinary if, in the future, they stayed in the office after 5.
According to Valu, the computer broke down, and Darryl thought they were sabotaged. As a result, access to the Data Base was limited after January 6 on orders from Buchanan.
Valu further testified, staff characterized another day as "Termination Tuesday". He said Darryl took all of the employees in his office one at a time and threatened to fire all of them. According to Valu, staff was never told why they were threatened with discharge. |
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Sun Dec 11, 2016 5:11 pm |
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untanglingwebs
El Supremo
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He also told of memo (February 15) which advised staff that Buchanan and the company owned by Richard Dicks wold be giving the staff random polygraph tests. This memo was rescinded in Mid-April.
When Valu was asked by Special Counsel Forrest if he knew of any investigations conducted by Buchanan that were outside the scope of the ombudsman's duties as outlined in the City Charter, Valu answered yes. He described an investigation of a city employee who was said to visit a woman at certain times. Valu said detective was hired for surveillance and photos were taken although there was no complaint or reason known to him for such an outside investigation.
Valu testified about Buchanan investigating the Salvation Army over food vouches although this was not a city managed organization and outside his investigation perimeters. |
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Sun Dec 11, 2016 5:24 pm |
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untanglingwebs
El Supremo
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According to some lawyers watching the hearing, the most damaging part of the testimony, which was later supported by the testimony of Barbara Burdette, the assistant to the ombudsman, was his statement that Buchanan deliberately held up the assignment and investigation of complaints so he could show a backlog of cases and gain more funding from the city.
Also, both Valu and Burdette testified they were aware that Buchanan alleged personnel files were missing upon his return to work after his suspension. Burette said she searched and located most of the missing files. She said some were located in "Debbie's old office" an office which had been reassigned by Buchanan and given to one of his interns.
Valu and Burdette also testified to the shredding of documents in Buchanan's office following his return from suspension. This occurred about August 7, while Sain was on vacation. According to Burdette and Valu,the portable shredder had been moved from the lobby to Buchanan's office to shred unknown material. |
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Sun Dec 11, 2016 5:38 pm |
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untanglingwebs
El Supremo
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Through his attorney, George hamo, Buchanan admitted to the relationship with Milling, but claimed it ended in 1992. Buchanan claimed problems didn't begin until he got married in December.
Fizer has alleged that Buchanan made an explicit sexual overture early in her re-employment process. She had been laid off during a previous Ombudsman's tenure. She further alleges that she was targeted by Buchanan after she became sympathetic to the plight of Milling. Buchanan denies these allegations.
Documents and memos regarding Fizer's work relationship show an excellent evaluation on May 9 followed by suspension on May 11 and provisional employee status on may 12. As part of her new probationary status,she was to be monitored as to her treatment of the two interns being trained by Buchanan as investigators. The records do not indicate the reason for Buchanan's abrupt change of heart between may 9 and May 11 and 12. |
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Sun Dec 11, 2016 5:58 pm |
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untanglingwebs
El Supremo
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Testimony about the recruitment, hiring and qualifications of the interns was broght out during the hearing. Allegations are that Buchanan did not hire according to "sound employment practices:,and he is said to have used favoritism in his employment decisions. Buchanan is alleged to have created a hostile work relationship bases on unlawful or inappropriate factors. Again, Buchanan denies these allegations.
Also in question is Buchanan's relationship to his attorney George Hamo and the subsequent leaving of Hamo as attorney for the Ombudsman's office after he took the case of Steverson Davis. Davis was injured on November 17 after being stuck by a car on bray Road. Flint Police had allegedly left Davis in the area after the County jailr efused to lodge him for drunkenness, breaking out 4 windows of the Carriage Town Mission and threatening Carriage Town Director, John Proust. Davis had two outstanding warrants at he time. In the Flint Police reports, the officers allege Davis requested to be left at this site, and said he had an uncle nearby. |
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Sun Dec 11, 2016 6:26 pm |
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untanglingwebs
El Supremo
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Davis allege he had been beaten by the Flint Police.
The Ombudsman took the complaint on November 23 at the request of Archie Pearson, brother of Mr. Davis. According to documents, Mr. Hamo resigned on December 23 as counsel to the Ombudsman citing a conflict of interest as he was now representing Mr. Davis.
In May, allegations surfaced and were reported involving the case. It was alleged that a statement taken by Richard dicks for the Ombudsman office was removed from the file. In the statement, a woman reportedly said that Mr Davis came to her home close to the accident scene and he was drunk but not beaten. The file on Mr. Davis is one of the missing file that Buchanan alleges were taken from the office during his suspension.
Fizer and Milling were not allowed to enter Buchanan's office without being monitored by one of the interns, Gail wright or Anita Brown, per a May 17 memo issued by Buchanan. |
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Sun Dec 11, 2016 6:47 pm |
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untanglingwebs
El Supremo
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Fizer was given her termination notice on May 25, potentially making her termination one of a retaliatory nature. Testimony was given by Valu and Burdette that no formal reorganization plan had been given to the staff.
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The Flint Journal story COUNCIL GETS EARFUL FROM OMBUDSMAN EMPLOYEES by Linda Angelo August 24, 1995 (C-1)
This story focused on on Valu's description of Buchanan's unfair criticism of Milling and how Buchanan had reduced her job responsibilities to little more thanclipping news articles.
"The hearing at times became tense, particularly between Hamo and Council President Johnnie Tucker. Hamo had requested tucker abstain from participating in the hearing because he was a member of the review committee that determined there was merit in the women's allegations against Buchanan.
The two sparred over objections and motions with Tucker eventually banging his gavel and telling Hamo he was out of order.
"One council person described the proceeding as a "kangaroo Court.". |
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Mon Dec 12, 2016 5:42 am |
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untanglingwebs
El Supremo
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"Hamo said the Ombudsman has been cracking down on employees because he believes some employees may be leaking confidential information."
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Actually, that issue was dealt with during the August 26, 1995 testimony of Richard Dicks and Donna Poplar.
Richard Dicks gave his education and work credentials:
Mott Community College Associate Degree in Applied Science, Police Technology
University of Michigan-Flint Bachelor's Degree in Sociology and a corrections Certificate
University of Michigan Ann Arbor Masters degree in Guidance and Counseling in Public Agencies
Flint's first Ombudsman (1969 to 1975) He stated he submitted the paperwork for the creation of the first Ombudsman office as well as the Human Relations to the Charter Commission. |
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Mon Dec 12, 2016 5:56 am |
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untanglingwebs
El Supremo
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During his service as the first ombudsman, Dicks was a Sergent in the Flint Police Department, but mainly investigated allegations of police brutality. He returned to the Police Department in 1975 and retired from the police department.
He returned to the Ombudsman office for two years where he served as Deputy Ombudsman under Ombudsman Jim Ananich, He was hired as a consultant to Buchanan.
Councilman Northrup challenged Hamo's attempt to designate Dicks as an expert, because of Dicks' ongoing financial arrangement with current Ombudsman Buchanan.
Note: Hamo had enlisted the support of former holders of the office of ombudsman, who had a vested interest in not seeing the office discredited, testify to support Buchanan. |
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Mon Dec 12, 2016 6:12 am |
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untanglingwebs
El Supremo
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Council did not agree with Hamo's efforts to designate any of the previous ombudsman office holders as experts.
Hamo brought up Danny Sain and his friendship with Debbie Milling. The Flint Journal wrote a story on soil contamination on Avon Street on September 4, 1994. Dicks testified Sain inquired about the soil samples. Hamo raised the issue that a staff member must have leaked the soil issues and Dicks agreed. Buchanan told Dicks he suspected Milling was leaking confidential information.
Hamo raised the issue of Doris Sain, Danny's wife, was President of Court Street Village, the agency building the townhouses.
Buchanan had gone to Detroit to meet with HUD on allegations regarding Flint NIPP.
and alleged it was leaked. |
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Mon Dec 12, 2016 6:31 am |
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untanglingwebs
El Supremo
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Note: When a complaint is made to the Ombudsman's office, FOIA letters were sent out to gather information for the investigation. There are multiple potential sources of a leak and City hall has a speedy grape vine for gossip.
Buchanan had contacted Dupcza, Ananaich and Dicks, all former Ombudsman, to meet with him as many as six times to decide how Buchanan was to deal with Milling. They included Danny Sain in these discussions. Sain and Dicks agreed that Milling should be included and Sain and Dicks asked Milling to come for lunch at a restaurant on Richfield Road, but she refused. Milling also objected to Dicks billing the office for two hours for the lunch and complained to Sain.
After Fizer and Milling were given their notices of being laid off , Sain warned Dicks that a move would be made against Buchanan. Dicks testified he brought the issue up in a discussion with Sain, Buchanan, and Ruben Burks. Dicks testified Sain explained the move would not come from him, but from Councilman Ed Taylor. |
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Mon Dec 12, 2016 6:56 am |
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