Hi folks,
I’ve asked for help before, but I’ve looked foolish. I’ve backed some losing causes (including a bunch of my own), and while I think I got a good one going now, past ones have had a kamikaze aspect to them.
I may be at it again.
How our City Officials behaves is the connection for this site (St. Paul Issues Forum).
Warning. At the end I’m looking for suggestions, for help, for responses. And while it is long, I hope it remains readable.
Remember the city employee who was busted at work for making terrorist threats? His name is Dave Feig. The St. Paul paper showed this mean looking guy, and really did this good job with the terrorist word. I though it a joke at first for Dave to get busted for this. I should still be thinking it is one. Turns out the complaint came from a person in Wisconsin. Dave lives in Wisconsin. Small town of Downing. Dave has a best friend, Paul. Paul has a sister. Dave made a move on her (Dave is 50 and single). The sister’s roommate, Mitzi, took objection. She called Public Works and left an anonymous call about someone threatening to do damage and kill people and then himself. Year or so later, she made the same call but to St. Paulpolice. They investigated and arrested Dave. Stayed the whole weekend in jail before Paul could bail him out.
By the way, Dave’s on a pain management program for, guess what, an injury he received at work in 1997. He’s had multiple knee surgeries and finally a knee replacement. And now that his gait is all screwed up, he’s had back surgery. He’s been on Workers Comp and learned a new skill and has continued to work for the City this entire time. Still wants to, for some strange reason.
He stayed three days in jail without his medication, and was charged with a felony for making terroristic threats (to the girl in Wisconsin, I suppose). The City in turn fired him for being arrested and then canceled that, and put him on paid administrative leave because he was a veteran. But still trying to fire him. Veterans have certain rights, and one of them is a hearing before a commission to determine if the firing was reasonable.
And he stayed on this for over a year. 15 months on the payroll staying at home.The felong charge was thrown out about midway thru this period. After a year, in 2009 the City amended their 2008 letter, still firing him for being arrested for the felony but added firing him for two misdemeanor charges of bad conduct that occurred sometime in early 2008. Hard to tell. And he’s still fired, and still needs the hearing. Sad to say, the felony was thrown out on a technicality, due of lack of jurisdiction – the threats were made in Wisconsin. Easier doing it this way than what?Wisconsin wisely chose not to prosecute either. Maybe they knew something St. Paul didn’t.
The hearing was scheduled and Dave made the big mistake of representing himself for the first stage. I talked to him the evening of the first hearing. He was just destroyed. The guy didn’t even know what the hearing was for! He thought it was to determine if he was to continue being paid while on administrative leave. City took 6 hours presenting their case. Mostly hearsay, because, well, it didn’t happen. But no attorney to object. And they knew it. I didn’t realize exactly how destroyed until a few things came to my attention. Dave is not the person he was when I worked with him up to 2006. Stress, dealing with what he thought was incompetent management, dealing with what he thought was a wicked denial of his workers compensation, and then dealing with being out of work for 15 months (even paid) was too much for him, in combination with this new kangaroo court he had to face and the amount of medication he had to take. Didn’t help that with all the free time, he drank more than before. He was on his way to checking out. I found my self telling him not to worry and I would take over and help him as much as possible.
When he got hurt in 1997, he was a sewer service worker. He came downtown to do office work. I was his supervisor there. He took 6 months of training to become a AutoCAD specialist. I take some credit or blame for his current situation because I, and others, tried hard to make Dave feel important, to feel needed, and to feel like he was contributing. I, and others, think he ended up the best AutoCAD technician working for the Sewer Utility. We were a bit too successful, if that is possible, in that Dave started feeling better about himself and started being more involved with what was going on. It also enabled him to feel he could be critical of engineers who he thought were making bad decisions (I’ve an engineer manager, but I never make bad decisions). Whatever you do, don’t piss off an engineer manager. I speak from experience. The ‘downstream’ experience.
A little aside. Dave is also waiting for a new Workers Comp Hearing. He got a new attorney for that last year. The attorney approached the city requesting data and a hearing. This all happened a short time before he was fired.. I don’t think there’s a connection, but Dave does, and asked if I could include this little bit of information.
So, Dave is waiting for his next Veteran’s hearing. Had to miss one because he was in the hospital for a blood clot. From that knee surgery. They almost didn’t allow him to miss it. I was representing him because he made me his attorney in fact. City attorney wanted me kicked out because I was just a friend and only witnesses or attorneys at law were allowed. If that had worked, there would have been no one there to defend Dave, ask for a delay or describe why.I think they would have liked that better. It seemed that every time the City attorney said something, I had to say ‘I object’. I felt I was in a cartoon. The neutral commission that rules on the issues is the civil service commission for St. Paul. That is allowed under the law. They noted he’dbetter not miss any more hearings. Fortunately for me, this hearing didn’t count because only two commissioners showed up and they needed three. Say, if you are nominated by the Mayor, and your attorney is supplied by the City Attorney’s office, and your secretary is a City Department head, and you function in City building, can you be described as neutral? I’m going to guess every individual on that commission feels they can act neutral. But how many times has perception been one issue, and fairness being another issue? I’m surprised this has been allowed for so long. These are state laws administered by theVeteran’s Commission, and the Civil Service Laws that are regularly administered by the Civil Service Commission.
Sensing I was up against some junkyard dogs, I hired a lawyer. He thought Dave should settle. I’m not real comfortable with that since it still seems a bit preposterous to me. But I agreed to submit the idea to Dave.
Before I start bothering people about these charges being a joke, I should explain. Dave is 50 years old, tall, about 6’6”, and with a beard if he forgets to shave. Used to be bigger before the various surgeries etc left him lean and mean and on a cane, and, while opinionated and a loud whiner about workers comp, he never made the threats. And after he’s been rude he’s constantly apologizing and trying to explain who sorry he feels. Just ask his ex lawyer. It was some person in the home town doing whatever she felt she needed to for whatever reasons. And disorderly conduct at work? I’ve seen engineers smash up light fixtures, technicians yell and swear at our customers, and actually had a couple of staff on my list to watch out for if they ever came in with a trench coat. Dave wasn’t one of them. I’ve seen him bitch a lot. Especially about the workers comp issue. And I’ve seen him get frustrated with work being produced, especially by consultants because he says it’s not up to his standards. And I’ve certainly seen him get equally frustrated with some management decisions he felt counter productive. But threatening? Disorderly conduct? Hardly. Yes, it was a joke. Until a few months ago.
The whole thing is baseless. And I’ve been tying to find a ‘base’ for it that makes sense for the last two months I’ve been involved. Haven’t been able to.If you have some help here, feel free to educate me.
Hope you’re still here.
Since the settlement idea didn’t work out, and since Dave, in a medicated (or intoxicated) fit, emailed enough negative things to his lawyer, I’m back to not having one.And we’re headedback to the Civil Service Commission. And worse yet, the City Attorney’s office. They are out to string Dave up. Vicious people. I can only hope that they really believe this stuff about Dave.
So I started looking for things to help Dave. When I found out, rumors only, that the investigation by the City of City staff include berating somestaff for not coming up with some serious complaints against Dave, we asked for the notes and the name of the person doing the investigation. Denied to us. When we asked for the history and timing of calls telling them Dave was a terrorist, denied to us. When we asked if there was still recovery available to us since Dave never exercised it in all his legal expertise (never represent yourself even if you think it minor) that was denied also. When we asked for specifics about the charges, this also was denied to us. When we asked to recall witnesses since they haven’t finished their presentation, that was denied because the neutral commission forbid it. When we asked to add new witnesses to the list, that was denied also. When we read in the material given Dave that the civil service commission audio taped all meetings unless one of the parties asked for a court reporter, and when wefound out that neither party had asked for one, we asked for a copy of the tape. This was denied also. Well not really. Turns out they don’t record it. But Dave could pay $850 for a transcript.He’s not on the payroll right not, and on his way to being broke. And the main reason for all of this? Dave had an opportunity to do all of this earlier. Could be true. But when you figure a neutral panel is called for, there is someone thinking the process should be more about getting to the truth instead of winning the game. I don’t think they’re playing by the rules. In my book I think they’re cheating a bit. And if the commission members were trained jurists, I think they would have noticed that Dave wasn’t competent to represent himself and asked for an evaluation. I’m not talking smart enough. I’m talking legally incompetent. I suspect the other attorneys could tell, but it was like shooting fish in a barrel for them.
I realize I haven’t made it clear that it’s the attorneys for both the City and the Commission that are doing all the denying. I’ve yet to address the Commission members themselves. I will. See below if really interested.
This “joke” is becoming too much. I’m really looking forward to some of his peers to help out a bit and stick up for him even if they know their supervisor is against it. But ops, I forgot another issue. Turns out the supervisor stayed around during the hearing, listening to private testimony of people he supervised, in front of the neutral commission. Neat system they got there. If they don’t slap you around enough during the investigation, they’ll get you on the chair.
Enough hyperbole.
And while Dave will let me be his lawyer and defend him at the hearing, the Commission’s lawyer, or the law, won’t. That was denied also. It’s because my degree is in engineering, not law. And while I think I know enough about Dave and the City to help Dave, this decision of Dave’s would only cement my argument that he is incapable of defending himself or participating in his defense. And I think that was true over two months ago. Got a shrink who agrees and we’re working at that too. But its kind of circular here. Dave can hire an attorney or represent himself. Dave can’t afford an attorney. But Dave’s not competent to do that. He’d like me to do it for him, but that’s not allowed. So Dave needs an attorney but can’t afford one. If the system can’t come up with a solution for this, I suspect one of the legs holding it up has collapsed.
Dave is also in need of an attorney who will work cheap.
He’s also in need of a few people who’ve worked for him to find themselves able to step forward, one, to say they really think Dave is a threat, or two, to say Dave isn’t a threat, or three, to say Dave can be loud about his frustration with either people or processes, but not disruptive and not threatening, or four, Dave has been disorderly to the point of exceeding any type of leeway that should or could be granted Quite a few of you have said this is a classic railroading process, but others need to hear that besides me.
He’s also in the need of supervisors, who, when worried about his mental health, decide to do something else than try to fire him.
So, I’m trying this appeal with you, the public, with his fellow workers, with the Veterans administration, with the politicians and with PW managers. I’m sick of dealing with this mess and the incredible farce it is. It shouldn’t have gone this far. I’ve also asked the City to sit down and chat about what is going on. No takers. I’ve asked to talk settlement. No real takers. I’ve proposed our own settlement. Not even an answer on that one.
One thing I forgot. The double misdemeanor charge went away also. Not the way it should have, but satisfactory to Dave right now. The prosecutor offered no fine, no jail, no probation; no nothing, just say that there may be enough evidence to find him guilty. I’m pretty sure Dave didn’t (and doesn’t) even know what the evidence was. I know I don’t. You can see that in the above bit of information that was denied to us. As it is, that now is also over with. No fine, o jail, no probation, no nothing. Got to have been a serious case.
But hell, he’s still being fired.
Thanks much, if you’ve reached this far. I do appreciate the favor you have granted me of humoring me this far.
Any suggestions?
Pat Byrne
(651) 592-6200
Some points I forgot about (sorry – not done yet)
Workers Comp.
A lot of the negative feelings against Dave actually stem from his workers comp issue. When he injured his knee at work, (when a rusted piece holding equipment together failed, and a chute feel down a shaft to a tunnel way way below, and it bounced and knocked Dave down), many people though ill of him for claiming workers comp. They knew he had injured the knee a year ago in a motorcycle incident (kick starting an old Harley) and thought he was taking advantage of the situation. I know one City Engineer who would always sneer at ‘that guy from Wisconsin with the handicapped plates’ and his free parking. And I know another Assistant City Engineer along with another manager who made jokes about it. I was the other manager, and believed it too. Turns out he indeed injured his right knee in the cycle accident. But it was his left knee that was injured in the City accident. I’ve seen the records. I also think that was why for years they harassed him with his workers comp. Including suspending him for taking two hour off a day when his doctor told him the most he could work is 6 hours. And didn’t let him use sickleaveI still think I’m missing something on that one. In any case they’ve been denying him claims at this part two. Something about the back problems not being related to the knee problems. Even thought his legs were measured after the knee surgery to be about 1” different.
Work Performance
Turns out for the first 6 years of his job downtown he got nothing but good, great, or superiorevaluations from all of his supervisors, including myself. Stuff started to happen after Roger Puchreiter retired (hey, Roger, you were missed). Somehow this hard working perfectionist (that’s Dave’s opinion of himself) with nothing but good being said of him ends up a terrorist being fired, and then spending 15 months on paid leave of absence.
Information
As long as the Attorney’s won’t give me information, and I have asked for anything to convince me I have the wrong ideas, can you or anyone else supply me with information, so I too can fire Dave.And if I’m full of whatever, enlighten me, please.