MONTICELLO — An investigation into 18 whistleblower complaints in the Sullivan County Dept. of Family Services (DFS) may lead to significant changes in the discipline and whistleblower policies.

And even though legislators appeared pleased with investigator Richard Graham's efforts, a majority of them plan to keep another attorney they hired, Richard Golden, on hand.

Graham made a full report to the Legislature behind closed doors on Tuesday, along with recommendations on what to do.

While policies and procedures will likely be altered in the months ahead, no personnel changes are anticipated as a result of the investigation.

“There were no fireable offenses on the management or labor side,” confirmed Legislator Gene Benson.

Legislator Cindy Gieger felt it vindicated Health and Family Services Commissioner Randy Parker, who was one of the people interviewed during the investigation.

“Now it's time to allow the commissioner to do his job,” she remarked.

“I do believe it has cleared Randy,” agreed Legislator Kitty Vetter. “He is not up for firing.

“That,” she added, “does not make him out to be an angel.”

Indeed, said Gieger, the investigator indicated “his management style may at times have been abrupt,” though she characterized Parker more as struggling with the turmoil within DFS than being a cause of it.

“When you have an investigation focused on one person, together with a flawed whistleblower policy and a fractured attorney/client relationship,” she said, “what you wind up with is a recommendation from the investigator to change policy and procedure.”

Asked if she has full confidence in Parker, Gieger replied, “I absolutely do.”

“There are mismanagement issues, some of which the current commissioner inherited, that need to be addressed and corrected,” assessed Legislator Cora Edwards.

“I viewed the whole thing as problems in the department,” Legislature Chairman Scott Samuelson said. “... I didn't have the finger pointed to anyone.”

And now?

“The finger is pointing at a lot of people,” he replied, though he said the county has not and will not engage in a witch hunt.

“There are things Randy Parker will have to do moving forward, there are things we the Legislature will have to do moving forward, and there are things [County Manager] Josh [Potosek] and the staff will have to do moving forward,” Samuelson explained.

Policy used as ‘shield'

Graham, whose firm is being paid up to $49,999.99 for the investigation, will likely be retained to guide legislators in reforming policies and procedures, including the whistleblower and discipline processes.

While his investigation did not uncover any illegal activity, various legislators said Graham discovered that the whistleblower policy in particular was being used as a “shield” to prevent some complainants from being fired.

“I felt all along it was important to allow this investigation to take its course, and the findings ... helped me clarify [what's happening in DFS],” said Legislator Alan Sorensen.

He and Benson added that it appears disciplinary procedures either were not followed or did not exist, at least in terms of “progressive discipline” - a clear process listing the handling of disciplinary actions from first offense to termination.

The resulting confusion and disagreement, and the lack of a clear timeline to resolve issues, made matters worse.

That realization may lead to the resurrection of a long-lost position.

“It is my understanding that in the past there was an ‘ombudsman' position that fielded and addressed complaints in a timely manner, and we should take a look at the merits of reinstating that type of position,” said Edwards. “That way complaints don't end up in the Bermuda Triangle - meaning lost or buried - or costing about $3,000 per complaint as it did with the 18 complaints investigated for $49,999.99.”

“I think the path forward involves implementing new standard operating policies and procedures,” said Sorensen. “... And I certainly think the policies and procedures will help to provide clarity for all. These are recommendations that go beyond just DFS.”

Indeed, in the next few weeks, legislators expect to meet with Graham to develop processes that apply to all of county government.

A full written report on the investigation is also coming, said Samuelson.

“It's a very long report, and there were a lot of issues,” he remarked. “... When you have a whole workplace that's not operating properly, that's a problem. ... The good news is, there are some good recommendations coming out of the report.”

“I was satisfied with his [Graham's] work, and I think it's going to put us in the right direction,” agreed Legislator Ira Steingart.

Legislators Kathy LaBuda and Jonathan Rouis did not return requests for comment.

Golden staying on

As Graham's investigation neared its end, five of the nine legislators - Gieger, Vetter, Benson, Edwards and Sorensen - agreed to hire Golden for up to $5,000 to advise the Legislature on the whistleblower policy and their right to information from such investigations.

That was before Graham won them over with his report.

“The investigator was clearly objective, straightforward,” observed Gieger. “He did a lot of research.”

“I would like to retain Mr. Graham to help us expedite the implementation of the recommendations,” added Sorensen.

Yet those legislators also plan to keep Golden in reserve - not necessarily to review Graham's work but for “other issues that might spin off of this,” according to Sorensen.

“There are those times when you need independent counsel to provide some guidance,” he explained.

Samuelson disagreed, wanting legislators to let Golden go.

“I think this should have been a smoother process,” he said, lamenting Golden's hiring before Graham's report was even out. “I don't think we needed to hire someone to ‘interpret' it.”

Edwards argued that Golden remains potentially useful.

“The reason we looked to outside counsel is because this investigation was only one slice of a larger pie with regards to the whistleblower policy as a whole,” remarked Edwards. “... And I still think that is needed.”

Legislators said Golden has not charged the county for any work he may have done to date, and is awaiting further direction from them.