Tahlequah Daily Press

Local News

February 15, 2010

TPWA institutes whistleblower policy

Employees need not fear job loss for reporting wrondoing.



Tahlequah Public Works Authority trustees approved a series of items Friday prompted by the recent resignations of two top officials amid an Oklahoma State Bureau of Investigation probe.

Former General Manager Stan Day and Electric Department Superintendent Kevin Cooper resigned their posts last month. OSBI Special Agent Kelly Beach confirmed, at that time, an investigation into several areas of operation by TPWA.

Assistant District Attorney David Pierce said Friday afternoon the agency’s report has yet to reach the prosecutor’s office for review.

One of the policies approved by the board concerned protection for whistleblowers. The board agreed it is important that employees not fear loss of their jobs if they report alleged wrongdoing.

The proposed policy presented by interim GM David Morrison allowed for anonymous reports, but required signed statements for those incidents that would warrant prosecution.

The board chose to remove the part of the policy allowing anonymous reports. Board member Isabel Baker and others said they believed anonymous reports create a credibility issue.

Baker, who said she supports the whistleblower policy, also wondered whether the board was moving “a little too fast” on some of the policy changes.

She said the new general manager TPWA hopes to hire in three months or less may come in and want to make changes at that time.

“We don’t want to confuse people [employees],” Baker said.

“These aren’t the general manager’s policies,” Chairman J.D. Carey said. “They’re the board’s policies. That’s part of our job is to make policy.”

Morrison said nearly all of the employees are embarrassed about what has happened at TPWA.

He said employees should be encouraged to report incidents of wrongdoing.

The policy allows employees to make signed statements to the chair or vice chair, if the need arises.

A policy concerning ethics and business conduct was tabled to allow an employee committee and board member Dr. Mark Smith to review the policy and make suggestions to the board.

Morrison’s request to employ a human resources director was also tabled. The board asked Morrison to prepare a job description for the new position.

He said he views the job as someone who could assist Office Manager Gail Dotson with some of her duties, as well as handle employee questions about health insurance, retirement issues and other matters.

He also said the person could be a go-between for the employees and management.

Baker said she likes the idea and thinks it’s long overdue.

The board agreed to obtain two debit cards from Armstrong Bank for employee travel. Morrison said TPWA had credit cards in the past, but instead of being associated with the authority’s federal tax ID number, they were wrapped around Day’s Social Security number, which has created problems with Equifax, a credit reporting agency.

He said the cards will have daily limits on them and there will be no way to get cash advances on them.

After an executive session concerning the employment, hiring, appointment, promotion, demotion, discipline or resignation of Chris Dodd, the board took no action.

Board members approved hiring Muskogee attorney Bart Fite to represent TPWA in condemnation proceedings for the Tenkiller Water Supply project transmission line. Fite will receive $125 an hour for his work. In response to a question from board member Herb Rozell, Fite said the cases could take 100 hours, if they go to trial.

Board members authorized condemnation proceedings for two parcels of land owned by Levi Carter and one owed by Park Hill Mountain Village.

Morrison said negotiations are ongoing with six other property owners. He said Engineer Jim Lindsey will go back to Carter and owners of the Park Hill Mountain Village and explain that TPWA has approved starting condemnation proceedings to make certain there is no way to get the easements.

The board also agreed to approve a bond payoff of $1.6 million or less. Morrison said this was needed before TPWA could get its Oklahoma Water Resources Board loan approved.

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