Dalton v Wadoc Pab Appeal Substandard Health Care Tb Testing 1998 Medical Misconduct
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VOICE (360) 586-1481 FAX (360) 753'()139 E·MAIL info.pab~pab.stale.wa.us 2818 C.Jpitol Blvd. PO 80. 40'l11 Olympia. WA 98504·0911 STATE OF WASHINGTON PERSONNEL APPEALS BOARD HOME PAGE www.wa.gov/pab August 7, 1998 CERTIFIED P-520-771-041 P-520-771-042 Marilyn Brown Singer Attorney at Law 20111 Singer Rd. SW Vashon Island, WA 98070-5500 RE: William Dalton v. Department of Corrections, Dismissal Appeal, Case No. DISM-97-0013 Dear Ms. Singer: Enclosed is a copy of the order of the Personnel Appeals Board in the above-referenced matter. The order was entered by the Board on August 7, 1998. Sincerely, Don Bennett Executive Secretary DB:tmp Enclosure cc: William Dalton Elizabeth Delay Brown, AAG Jennie Adkins, DOC .. ~. 2 BEFORE THE PERSONNEL APPEALS BOARD 3 STATE OF WASHINGTON 4 5 ) Case No. DISM 97-0013 ) ) FINDINGS OF FACT, CONCLUSIONS OF ) LAW AND ORDER OF BOARD WILLIAM DALTON, 6 Appellant, 7 v. 8 DEPARTMENT OF CORRECTIONS, 9 Respondent. 10 ) ) ) ) ) ) ) 11 I. INTRODUCTION 12 13 14 15 16 1.1 Hearing. This appeal came on for hearing before the Personnel Appeals Board, HOWARD N. JORGENSON, Vice Chair, and ROGER F. SANFORD, Member. The hearing was held at the office of the Personnel Appeals Board in Olympia, Washington, on July 7 and 8, 1998. Subsequent to the hearing, but prior to the signing of this order, the offices held by the members of 17 the Board changed and'the signatures on this order reflect the current positions. 18 Appearances. 19 1.2 Appellant William Dalton was present and was represented by Marilyn 20 Brown Singer, Attorney at Law. 21 Elizabeth Delay Brown, Assistant Attorney General. Respondent Department of Corrections was represented by 22 Nature of Appeal. This is an appeal from a disciplinary sanction of immediate suspension 23 1.3 24 followed by dismissal for neglect of duty, gross misconduct, and willful violation of agency policy 2S and the WAC's and RCW's pertaining to nursing laws and standards. Respondent alleges that 26 Personnel Appeals Board 2828 Capitol Boulevard Olympia, Washington 98504 shared/ordersldald70ot 3.mla Appellant injected a correctional officer with TetanuslDiphtheria Toxoids instead of Tuberculin 2 Purified Protein Derivative when administering a tuberculosis screening test. 3 Citations Discussed. WAC 358-30-170; Baker v. Dep't of Corrections, PAB No. 082-084 4 1.4 5 (1983); McCurdy v. Dep't of Social & Health Services, PAB No. 086-119 (1987); Rainwater v. 6 School for the Deaf, PAB No. 089-004 (1989); Skaalheim v. Dep't of Social & Health Services, 7 PAB No. D93-053 (1994); Holladav v. Dep't of Veterans Affairs, PAB No. 091-084 (1992). 8 II. FINDINGS OF FACT 9 Appellant William Dalton was a Registered NW'Se 2 and permanent employee for 10 2.1 11 Respondent Department of Corrections at the McNeil Island Corrections Center. Appellant and 12 Respondent are subject to Chapters 41.06 and 41.64 RCW and the rules promulgated thereunder, 13 Titles 356 and 358 WAC. Appellant filed a timely appeal with the Personnel Appeals Board on 14 March 13, 1997. 15 Appellant began his employment as a Registered Nurse (RN) 2 with the Department of 16 2.2 17 Corrections (DOC) in. March 1987. 18 responsibilities as an RN 2 included providing patient care to inmates. As part of his duties, 19 Appellant also administered routine tuberculosis tests to DOC staff. Appellant worked from 12 a.m. to 8 a.m. Appellant's 20 The department requires all nurses to chart/document when medication or injections are 21 2.3 22 administered. Charting errors and/or medication errors have occurred at the institution. (Testimony 23 of Belinda Stewart, Patricia Callaghan, Nancy Armstrong and others). 24 2S 2.4 26 in pay for one month for neglect of duty and willful violation of policy after he was observed Appellant's employment history indicates that by letter dated July 9, 1991, he was reduced 2 sharedlordersldald70013.mla Personnel Appeals Board 2828 Capitol Boulevard Olympia. Washington 98504 sleeping while on duty and for leaving a door to the hospital ward day room open. Appellant also 2 received a letter of reprimand dated April 12, 1996 for sleeping while on duty. (Exh. Rl, Atts. 7 3 and 8). 4 5 2.5 6 suspended Appellant effective March 5, 1997, followed by his dismissal, effective March 6, 1997. 7 The termination letter alleged that Appellant injected Correctional Officer (CO) Karen Heyer with 8 Tetanus/Diphtheria Toxoids (TDT) instead of Tuberculin Purified Protein Derivative (PPD) when 9 administering a tuberculosis screening test. (Exh. R-l). By letter dated February 18, 1997, Superintendent Belinda D. Stewart, immediately 10 On June 4, 1996, CO Heyer made arrangements to receive a routine tuberculosis (TB) test at II 2.6 12 the institution's Health Services center. CO Heyer arrived at the hospital during Appellant's shift. 13 She was escorting an inmate who was scheduled to receive medication. 14 15 2.7 16 the inmate and CO Heyer, told Appellant to get a "dull needle" and Appellant remarked, "no, let's 17 get the one with the 18 directed at her. On the ward at that time were Appellant and CO Joyce Fink. CO Fink, in the presence of b~bed wire." CO Heyer did not initially believe that the comment had been 19 CO Heyer was responsible for filling out a Tuberculin Screening form prior to being 20 2.8 21 administered the (TB) test. Because the inmate was present, CO Heyer refused to fill out any 22 personal information, which included her home address, phone number, date of birth and social 23 security number, in the presence of the inmate. The bottom half of the form is completed by the 24 nurse administering the tuberculosis test. 2S 26 3 sharedlordersldald70013.mla Personnel Appeals Board 2828 Capitol Boulevard Olympia. Washington 98504 2.9 In anticipation of CO Heyer's arrival, Appellant had already gathered the necessary supplies 2 to administer the TB injection, including a syringe and a serum vial from a refrigerator on the ward. 3 Because CO Heyer would not complete the form prior to the test, Appellant administered the 4 injection to CO Heyer and returned the vial to the refrigerator and disposed of the syringe. 5 Appellant asked CO Heyer to complete the section of the form which asked about her history of 6 tuberculosis screening while he attended to the inmate in another area. When Appellant returned, he 7 took the screening form from CO Heyer, obtained the vial from the refrigerator and completed the 8 "For Official Medical Use Only" section of the form. Appellant included the date the injection was 9 administered, June 4, 1997, his name, the brand name (Connaught) and the lot number of the serum 10 (6A8l0l5). (Testimony of Appellant and Exh. R-l, Att. 1, p. 16). II 12 2.10 When CO Heyer was injected with the serum on June 4 she experienced an immediate 13 stinging sensation. After the completion of her work shift, CO Heyer began to experience a painful 14 aching in her arm which worsened as the day progressed. (Testimony of Karen Heyer). 15 16 2.11 On June 5, CO Heyer returned to the institution's Health Services center and asked 17 Registered Nurse Van Hom to look at her arm. RN Van Hom noted that CO Heyer had started to 18 develop a red, raised circle on her arm and told CO Heyer that it looked like she was having a 19 positive reaction to the TB test. RN Van Hom recommended that CO Heyer wait several more 20 hours and then have her arm checked again. (Testimony of Karen Heyer). 21 22 2.12 CO Heyer continued to experience pain and throbbing throughout the rest of the evening. 23 She contacted her physician to inquire about the pain and why she was having such severe 24 symptoms. That same evening, CO Heyer went to the emergency room of a local area hospital 25 where she was told that it looked like she was having a positive reaction to the TB test. CO Heyer 26 4 sharedlordersldald70013.mla Personnel Appeals Board 2828 Capitol Boulevard Olympia. Washington 98504 underwent a "sputum" test and chest x-rays. These tests revealed that CO Heyer did not have 2 tuberculosis. (Testimony of Karen Heyer and Exh. A-9). 3 4 2.13 On June 7, 1996, CO Heyer visited the Tacoma-Pierce County Health Department where her 5 arm was examined. CO Heyer was told that she was having a positive reaction to the TB test. This 6 examination occurred within 72 hours after the TB test was administered. (Testimony of Karen 7 Heyer and Exh. A-9). 8 9 2.14 By memo dated June 16, 1996, CO Heyer reported the incident to Nancy Armstrong, 10 Infection Control Nurse. (Exh. Rl, Att. 1, p. 14). A preliminary investigation into the matter did 11 not verify that CO Heyer had received anything other than a TB test. 12 Armstrong). (Testimony of Nancy 13 14 2.15 On July 31, 1996, CO Heyer re-tested for TB at the MICC's Health Services department. 15 On August 2, 1996, CO Heyer's arm was examined by nursing staff at the Health Services 16 department and the results indicated that she was negative for TB. (Testimony of Karen Heyer and 17 Exh. R-l, An. 1, p. 21). 18 19 2.16 The affected area of CO Heyer's ann eventually developed a "white, hard lump." 20 (Testimony of Karen Heyer, Nancy Armstrong and Patricia Callaghan). 21 22 2.17 In March 1996, CO Heyer witnessed an incident in which it was alleged that Appellant had 23 been sleeping or giving appearance of sleeping during work hours. Based on the comments she 24 heard on June 4, the pain she experienced, and her previous role as a witness against Appellant, CO 25 Heyer feared that Appellant might have been retaliating against her by injecting her with a dirty 26 needle or with something other than the tuberculosis serum. P~onncIApp~sBo~d 5 sb~dlordersldald700 13.mla 2828 Capitol Boulcv~d Olympia, Washington 98504 2 2.18 3 that the Tuberculin Screening form completed by Appellant on June 4, 1996 indicated that he had 4 injected CO Heyer with a serum from lot number 6A81015. Ms. Annstrong did not recognize the 5 lot number as that of the tuberculosis serum. (Exh. R-I, Att. 1, p. 16). A call into the Connaught 6 Laboratory, the maker of the serum, indicated that Lot Number 6A81015 was for Tetanus and 7 Diphtheria Toxoids. 8 information, Ms. Annstrong initiated an Employee Conduct Report dated September 9, 1996, 9 alleging that Appellant injected CO Heyer with TetanuslDiphtheria Toxoids instead of Tuberculin 10 On September 5, 1996, during a routine review of paperwork, Nancy Annstrong discovered (Testimony of Jan White and Exh. R-I, Att. I, p. 19). Based on this Purified Protein Derivative. (Testimony ofNancy Armstrong and Exh. R-I, Att. I, pp. I and 2). 11 12 2.19 Respondent presented conflicting evidence and testimony regarding the issue of whether an 13 individual who has a positive reaction to a TB test can subsequently test negative to a TB re-test (a 14 "false positive"). Testimony from Patricia Callaghan, RN 2, and Nancy Armstrong, Infection 15 Control Nurse, indicates that when a person has tested positive for TB they will not subsequently 16 test negative. 17 Tuberculin skin tests 18 is administered. The information also indicates as follows: Conversely, Respondent also provided Exhibit RI, Attachment 9, regarding ~hich indicates results are to be read within 48 to 72 hours after the injection 19 False-positive reactions. A small percentage of tuberculin reactions may be due to 20 21 errors in administering the test or reading the results; however, false-positive results are more commonly attributable to the presence in PPD of antigens that are shared with other mycobacteria. 22 23 (Rl, Att. 9, pp. 12 and 14). 24 25 26 6 sharedlordersldald70013.mla Personnel Appeals Board 2828 Capitol Boulevard Olympia, Washington 98504 2.20 The Board finds that although only a "small percentage," there is a possibility that an 2 individual can have a "false-positive" reaction to a TB test resulting from an error in administering 3 the test or reading the results. 4 5 2.21 Superintendent Stewart concluded that Appellant had administered a Tetanus/Diphtheria 6 injection rather than a TB injection based CO Heyer's symptoms, Appellant's own charting notes 7 which indicated that he had administered the Tetanus serum, and because CO Heyer subsequently 8 tested negative when re-tested for TB. Based on his misconduct, Superintendent Stewart concluded 9 that Appellant's inattention to his duties created a liability and risk to the institution. Superintendent 10 Stewart did not fmd credible Appellant's assertion that he made a charting error. She believed that 11 while others at the institution had made charting/medication errors, those individuals had come 12 forward and/or admitted their errors, whereas Appellant consistently denied his medication error. 13 Superintendent Stewart determined that dismissal was warranted based on the totality of the 14 circumstances, including the egregious nature of Appellant's error, the department's attempts to 15 correct his previous misconduct, the position of responsibility he held as a senior RN. 16 III. ARGUMENTS OF THE PARTIES 17 Respondent argues that Appellant neglected his duty when he erroneously injected CO 18 3.1 19 Heyer, who was to be screened for tuberculosis, with the wrong serum. Respondent argues that the 20 symptoms CO Heyer experienced subsequent to receiving the injection were not consistent with a 21 tuberculosis injection. Respondent contends that a person cannot first test positive to a TB test and 22 subsequently test negative to a follow-up TB test as did CO Heyer. 23 Appellant's error caused CO Heyer a great deal of pain and stress and that his misconduct caused 24 the agency to pay CO Heyer's medical bills. Respondent argues that the ECR was initiated against 25 AppelIant in a timely manner since Respondent did not have actual confirmation that Appellant had 26 administered something other than a tuberculosis serum until Appellant's charting notes were 7 sharedlordersldald70013.mla Respondent argues that Personnel Appeals Board 2828 Capitol Boulevard Olympia, Washington 98504 discovered in September 1996 with the entry that the injection administered was a tetanus serum. 2 Respondent asserts that based on the totality of the circumstances and Appellant's previous 3 disciplinary and corrective history, tennination was the appropriate sanction. 4 Appellant argues that he injected CO Heyer with the correct serum and that he simply S 3.2 6 retrieved the wrong vial from the refrigerator and erroneously charted the wrong lot number on the 7 screening form. Appellant argues that other nursing staff had made similar medication and or 8 charting errors and that the department had not terminated them. Appellant further argues that the 9 department had knowledge of the alleged medication error in June 1996, but failed to initiated the 10 ECR until September 1996. Appellant further alleges that the department treated him disparately 11 and that the discipline imposed against him was retaliatory for safety complaints he had reported to 12 the Department of Labor and Industries. 13 termination is too severe. Appellant argues that in light of his charting error, 14 IV. CONCLUSIONS OF LAW IS 16 4.1 17 herein. The Personnel Appeals Board has jurisdiction over the parties hereto and the subject matter 18 In a hearing on appeal from a disciplinary action, Respondent has the burden of supporting 19 4.2 20 the charges upon which the action was initiated by proving by a preponderance of the credible 21 evidence that Appellant committed the offenses set forth in the disciplinary letter and that the 22 sanction was appropriate under the facts and circumstances. WAC 358-30-170; Baker v. Dep't of 23 Corrections, PAB No. 082-084 (1983). 24 2S 26 8 sharcdlordersldald70013 .mla Personnel Appeals Board 2828 Capitol Boulevard Olympia, Washington 98504 4.3 The Board concludes that Respondent did not have reasonable knowledge of Appellant's 2 alleged medication error until September 5, 1996, and that Respondent issued an ECR against 3 Appellant within the appropriate time frames. 4 5 4.4 Neglect of duty is established when it is shown that an employee has a duty to his or her 6 employer and that he or she failed to act in a manner consistent with that duty. McCurdy v. Dep't 7 of Social & Health Services, PAB No. 086-119 (1987). 8 9 10 4.5 Gross misconduct is flagrant misbehavior which adversely affects the agency's ability to carty out its functions. Rainwater v. School for the Deaf, PAB No. 089-004 (1989). 11 Willful violation of published employing agency or institution or Personnel Resources 12 4.6 13 Board rules or regulations is established by facts showing the existence and publication of the rules 14 or regulations, Appellant's knowledge of the rules or regulations, and failure to comply with the 15 rules or regulations. Skaalheim v. Dep't of Social & Health Services. PAB No. D93-053 (1994). 16 A preponde~ce of the evidence has failed to establish that the serum Appellant 17 4.7 18 administered to CO Heyer was TetanuslDiphtheria Toxoid and not Tuberculin Purified Protein 19 Derivative. 20 The record establishes that CO Heyer's arm was examined within the requisite 48 to 72 21 4.8 22 hours by staff of an emergency room hospital and by the Pierce County Health Department. These 23 individuals consistently noted that CO Heyer's reaction appeared to be positive reaction to a TB 24 test. Respondent has provided no evidence that these individuals found or documented that CO 2S Heyer's reaction to the TB test was unusual or questionable. Furthermore, although nursing staff at 26 the department testified that they had never seen a similar reaction to a TB test, no one in the 9 sharcdlorders/dald70013.mla Personnel Appeals Board 2828 Capitol Boulevard Olympia, Washington 98504 department examined CO Heyer's ann within the requisite period. The record failed to establish 2 that CO Heyer's symptoms were consistent with a TetanuslDiphtheria injection. 3 4 4.9 5 although rare, do occur and can result from errors in administering the test, reading the results of the 6 test, or due to the presence in PPD of antigens that are shared with other mycobacteria. Based on a 7 preponderance of the evidence, 8 Appellant's charting error does constitute a neglect of his duty to accurately chart medication he had 9 administered. Evidence supplied by Respondent indicates that "false positive" reactions to TB tests, the Board concludes that Appellant made a charting error. 10 11 4.10 Although Appellant's charting error was a neglect of his duty, Respondent has failed to meet 12 its burden of proof that Appellant's action constituted gross misconduct or willful violation of the 13 WACs and RCWs pertaining to nursing laws and standards. 14 15 4.11 Appellant's contention that the department retaliated against him based on his involvement 16 in a safety complaint is not substantiated by the record. 17 18 4.12 In determining whether a sanction imposed is appropriate, consideration must be given to 19 the facts and circumstances, including the seriousness and circumstances of the offenses. The 20 penalty should not be disturbed unless it is too severe. The sanction imposed should be sufficient to 21 prevent recurrence, to deter others from similar misconduct, and to maintain the integrity of the 22 program. An action does not necessarily fail if one cause is not sustained unless the entire action 23 depends on the unproven charge. Holladay v. Dep't of Veterans Affairs, PAB No. D91-084 (1992). 24 2S 4.13 Respondent failed to meet its burden of proof that Appellant administered the wrong serum 26 and has not proven that Appellant's termination is warranted. The Board concludes that under the 10 sharcdlorders/dald70013.mla Personnel Appeals Board 2828 Capitol Boulevard Olympia, Washington 98504 facts and circumstances of this case, Appellant's charting error does warrant disciplinary sanction. 2 We find that a IS-day suspension is sufficient to prevent recurrence, to deter others from similar 3 misconduct and to maintain the integrity of the program. 4 should be modified to a IS-day suspension. Therefore, the disciplinary sanction s 6 V. ORDER 7 NOW, THEREFORE, IT IS HEREBY ORDERED that the appeal of William Dalton is granted in 8 part and Appellant is suspended for a period of IS days. WASHINGTON STATE PERSONNEL APPEALS BOARD Howard N. Jorgenson, Chair /) Roger 11 shared/orders/dald70013.mla Personnel Appeals Board 2828 Capitol Boulevard Olympia, Washington 98504 2328 Capitol Blvd. VOICE (360) 586-1481 FAX (360) 753·0139 E·MAIL in(o-pabt'pab.state.wa.us PO BOll 40911 Olympia, WA 98504-091 1 STATE OF WASHINGTON PERSONNEL APPEALS BOARD HOME PAGE www.wa.gov/pab July 31, 1998 Ms. Marilyn Brown Singer Attorney at Law 20111 Singer Road S.W. Vashon Island, WA 98070 Re: William Dalton v. Department of Corrections, Case No. DISM 97-0013 Dear Ms. Singer: The Board has reviewed your Request for Instruction Regarding Submission of Stipulated Exhibit Post Hearing. Based on the information provided in your request, the Board has decided it is not necessary to enter the document as an exhibit. If you have any further questions, please contact me at 360-664-0387. Sincerely, ~\~V:~ J r\r:Yiti - Maria L. Aponte Special Assistant to the Board cc: Elizabeth DeLay Brown on £Iih-1l1998 14:33 2£164635743 MARILVN BROWN SINGER PAGE El2 I certify thaI on the dat, ow I faxed copies of ~c lUached to the parties D8JDed below. I me declare under penalty of perjury under the laws of the Stare of WashingtOn that me 1 foregoing is true and correct 2 July 14. J 998. at VashoQ Island, WA \..t~~,.~ 3 4 5 BEFORE THE PERSONNEL APPEALS BOARD STAD 01' WASHINGTON 6 7 8 WILLIAM DALTON ) ) Appellant 9 ) ) ) ) ) ) ) 10 V 11 12 13 14 Case No. DISM-97-0C13 ) ) STATE OF WASHINGTON, DEPARTMENT OF CORRECTIONS Respondent. REQUES~ :OR INSTRUCTION REGARDING SUBM:SS~ON OF STIPULATED EXHIBIT POST HEARING --------------------) TO: THE PERSONNEL APPEALS BOARD AND IS TO: ELIZABETH DELAY BROWN AND 16 DEPARTMENT OF CORRECTIONS TO: 17 18 19 WILLIAM DALTON, RESPONDENT, by and through his record, Marilyn Brown Singer, hereby requests at~orney instruc~ion of regarding 20 whether or not he should submit a stipulated post-hearing exhibit. Prior to the close of the hearing held in this matter on Ju:y 7- 21 22 8,1998, the Board approved the submission of a letter believed to have 23 been from Ms. Belinda Stewart to Ms. Barbara 0' Connor. 24 addressed the issue of a question asked of Ms. Stewa=t at the hearing, The letter 2S whether or not she had made a statement regarding an employee going 26 27 to an outside agency not being tolerated. Upon cross-examination, Ms. O'Connor was asked a question, the 28 Law Offices of MARILlIN BROWN SINGER REQUEST FOR INSTRUCTION n... ,~"" ............. JOIII Singer Rd!;W Vashon 15111I14. WA 98070 (206l 463·5993 Fu: (206) 463-5743 · 87i'4/199B 14:33 2864635743 MARILVN BROWN SINGER PAGE 83 1 spirit of which was, was she certain the letter was from Ms. Stewart? 2 I believe she responded that she was not completely sure. When Ms. 3 Brown was asked by the Board if she wished to see the exhibit prior 4 to its being submitted to the Board, Ms. Brown stipulated that i: S could be forwarded to the Board without her review. 6 The letter referenced by Ms. O'Connor, 7 supervisor, Patricia Callaghan, not Ms. Stewart. however. was frc~ Therefore, prior ~o 8 submitting this letter, Respondent respectfully requests instruction 9 from the Board as to whether or not this letter is approved as an 10 exhibit. 11 12 13 DATED this 14th day of July, 1998. LAW OFFICES OF MARILYN 14 BROWN SINGER 15 By: 16 MARILYN W.S.B.A. 17 BROWN SINGER '20682 Attorney for Appellant 18 19 20 21 22 23 24 2S 26 27 21 Law Offices of MARILYN BROWN SINGER REQUEST FOR INSTRUCTION dalton.req 20111 Singer ltd SW Vashon Isllllld, WA 98010 (206) 463·S993 f~ (206) 463-57.4) 1 2 3 4 I, Rebecca A. Turner, certify that on July 6, 1998, I mailed a copy of this document, postage prepaid, to all parties or their counsel of record. I certify under penalty of perjury, under the laws of the State of Washington, that the jI foregoing is true and correct. . a~~-~ 5 6 7 BEFORE THE PERSONNEL APPEALS BOARD STATE OF WASHINGTON 8 9 WILLIAM DALTON, 10 Appellant, RESPONDENT'S PROPOSED WITNESS AND EXHIBIT LIST v, 11 12 NO. PAB NO. DISM-97-0013 DEPARTMENT OF CORRECTIONS, 13 Respondent. 14 15 Respondent, State of Washington Department of Corrections, in compliance with the 16 Statement of Results of the Prehearing Conference, hereby designates the following witnesses and 17 exhibits that may be used in the Respondent's case in chief: 18 WITNESS LIST 1. 19 20 2. 3. 4. 21 5. 6. 7. 22 William Dalton Nancy Armstrong, RN3 Pat Callaghan, RN2 Karen Heyer, C02 Martin Lyon HC Mgr. Belinda Stewart, Superinendent Jan White, Pharm. Asst. EXHIBIT LIST 23 1. 24 25 Disciplinary letter dated February 18, 1997 with attachments. III 26 RESPONDENTS PROPOSED WITNESS AND EXHIBIT LIST ATIORNEY GENERAL OF WASHINGTON Labor & Personnel Division 905 Plum Sl SE, Bldg. 3 PO Box 40145 Olympia, WA 98504.0145 (360) 664-4167 1 Respondent reserves the right to supplement this witness and exhibit list. 2 DATED this 6lh day of July, 1998. CHRISTINE O. GREGOIRE Attorney General 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 RESPONDENTS PROPOSED WITNESS AND EXHIBIT LIST 2 ATIORNEY GENERAL OF WASHINGTON Labor &. Personnel Division 90S Plum St SE, Bldg. 3 PO Box4014S Olympia, WA 98S04-014S (360) 664-4167 1 2 3 4 BEFORE THE PERSONNEL APPEALS BOARD STATE OF WASHINGTON 5 6 WILLIAM DALTON 7 8 ) ) ) ) ) ) ) ) ) ) ) ) Appellant V 9 10 11 STATE OF WASHINGTON, DEPARTMENT OF CORRECTIONS Respondent. Case No. DISM-97-0013 APPELLANT'S WITNESS LIST 12 The Respondent, William Dalton may call all or some of the following witnesses in any order: 13 .;William Dalton, Joyce Fink 14 Kim Field (potential expert witness) __-Edward Geiger , 15 vtenora Horton .II Judy Lobdell I 16 /Patrick O'Connor ;, v13arbara O'Connor" ~ 17 Mark Olson, adverse witness /feffSpann .. 18 Sherri VanHorn Rowena Trim ~ 19 Appellant reserves the right to call as an adverse witness any witness named by the State and 20 reserves the right to amend his witness list for rebuttal witnesses and for good cause shown. 21 DATED this 2nd day of July, 1998. 22 LAW OFFICES OF MARILYN BROWN SINGER 23 24 By: ~-'--'x=~ ~ ...... MARILYN BROWN SINGER' W.S.B.A. #20682 Attorney for Appellant 25 26 27 Law Offices of MARILYN BROWN SINGER 28 APPELLANT'S WITNESS LIST 20111 Singer Rd SW Vashon Island, WA 98070 (206) 463-5993 Fn:< (206) 463·5743 WSBAII20682 07/06 'SS 13:46 1 2 3 ID:A G DOT FAX: 360-586-6847 PAGE 2 I, RebecclS A. Turner, certify Ihat on JUly 6. 1998. I Inlliled B ~P)' of this document. postage prepaid. ID all parties or their counsel of record. I certify under penalty or perjury, under the laws of the Slate of Washinglon. that the ~o;n.;s"".",,__ /'I ~ ~~~- 4 5 6 7 BEFORE THE PERSONNEL APPEALS BOARD STATE OF WASHINGTON 8 9 WILLIAM DALTON. 10 v. 11 . 12 NO. PAB NO. DISM-97-0013 Appellant. RESPONDENT'S PROPOSED WITNESS AND EXHIBIT LIST DEPARTMENT OF CORRECTIONS, Respondent. 13 14 IS Respondent. State of Washington Department of Corrections•. in compliance with the 16 Statement of Results of the Prehearing Conference, hereby designates the following witnesses and 17 exhibits that may be used in the Respondent's case in chief: 18 WITNESS LIST 19 J. 2. 3. 4. 20 S. 6. 7. 21 22 William Dalton 1Nancy Annstrong. RN3 Pat Callaghan. RN2 Karen Heyer. C02 Ii Martin Lyon HC Mgr. Belinda Stewart. Superinendent Jan White. Phan'll. AssL EXHIBIT LIST 23 24 2S 1. Disciplinary Jetter dated FebruaI)' 18. 1997 with attaclunents. III 26 RESPONDENT'S PROPOSED WITNESS AND EXHIBIT LIST 1 ",nORNkY OllNt:RAL 01' WI\SIlINO...ON Luber" PIlftAnnel Divillion 90S Plum 51. SF., ~ldS· 3 PO Bo.4014S Olympia. WI'. 98S04eOI4S (360) 664.... 167 07/06 '98 13:47 ID:A G DOT FAX:360-ss6-6847 1 Respondent reserves the right to supplement this witness and exhibit list. 2 DATED this 6dl day ofJuly, 1998. 3 PAGE 3 CHRISTINE O. GREGOIRE Attorney GenemJ 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 2J 22 23 24 2S 26 RESPONDENTS PR.OPOSED WITNESS AND EXHIBIT LIST 2 ...TTORNEY OF-NF.JV.L 01' WASIJINOTON l ..bur & Pononncl Djvi,ion 90$ I'lum 51. SE, Bldg. 3 poao,,'IOl'S Olympia. WA 9KS040014S (360)664-4167 /:-j r'-- .., "'~ ... -~. ~~ci ~,-.'t:· ·0, ... 1 JUL 2 A - o 1 1.998 Di:if~... "PPt: '.~ ...".L...S ::,..-.,. V 3 BEFORE THE PERSONNEL APPEALS BOARD STATE OF WASHINGTON 4 5 WILLIAM DALTON, 6 -........:;:. NO. DISM-97-0013 Appellant, 7 ..... CERTIFICATE OF SERVICE v. 8 DEPARTMENT OF CORRECTIONS, 9 Respondent. 10 11 I certify that I served a copy of the Subpoenas for Nancy Annstrong, Pat Callaghan, 12 Karen Heyer, Martin Lyon, Belinda Stewart, and Jan White on all parties or their counsel of 13 record on June 3C', 1998 as follows: ~Mail Postage Prepaid via Consolidated Mail Service 14 _ ABClLegal Messenger _ State Campus Delivery _ Hand delivered by: 15 16 TO: 17 18 19 20 Marilyn Brown Singer . Attorney at Law 20111 Singer Rd SW Vashon Island WA 98070-5500 I certify under penalty of perjury under the laws of eState of Washington that the foregoing is true and correct. Dated this 21 3() *'day of June, 1998 at Olympia, .~A. (.,. 22 LYNNA HI KERSO 23 24 25 26 OR JGJN AE[IFICATE OF SERVICE Office of the Attorney Gener.ll Labor &. Personnel Division 90S Plum Sireet SE PO Box 40145 Olympia WA 98504-0145 R;:::A ... .. 1~:- ... ~.- . . • 1 ~.\"."~.'" ~ ". i ,' JUL D f 1998 2 3 BEFORE THE PERSONNEL APPEALS BOARD STATE OF WASHINGTON 4 5 WILLIAM DALTON, 6 7 8 NO. DISM-97-0013 Appellant, CERTIFICATE OF SERVICE v. DEPARTMENT OF CORRECTIONS, 9 Respondent. 10 11 I certify that I served a copy of the Subpoenas for Nancy Annstrong, Pat Callaghan, 12 Karen Heyer, Martin Lyon, Belinda Stewart, and Jan White on all parties or their counsel of 13 record on June 14 15 16 17 18 19 20 21 , 30, 1998 as follows: ~Mail Postage Prepaid via Consolidated Mail Service _ ABC/Legal Messenger _ State Campus Delivery _ Hand delivered by: TO: Marilyn Brown Singer Attorney at Law . 20111 Singer Rd SW Vashon Island WA 98070-5500 I certify under penalty of perjury under the laws oft eState of Washington that the foregoing is true and correct. Dated this ~day ofJune, 1998 at Olympia, r. t- 22 LYNNA HI KERSO 23 24 25 26 CERTIFICATE OF SERVICE Office or the Attorney General Labor &. Personnel Division 905 Plum SUCCI SE PO Box 40145 Olympia WA 98504-0145 2 BEFORE THE PERSONNEL APPEALS BOARD 3 STATE OF WASHINGTON 4 5 ) Case No. DISM-97-0013 ) WILLIAM DALTON, 6 Appellant, 7 v. ~ AMENDED NOTICE OF SCHEDULING DEPARTMENT OF CORRECTIONS, 8 Respondent. 9 10 11 12 13 14 15 16 ) ) ) ) ) --------------) Amended notice is hereby given of scheduling the hearing on the appeal before the Personnel Appeals Board. The hearing will be held in the Personnel Appeals Board Hearing Room, 2828 Capitol Boulevard, Olympia, Washington, on Tuesday and Wednesday, July 7 and 8,1998, beginning at 9 a.m. each day. The parties shall arrive at the hearing location thirty (30) minutes before the hearing time for the purpose of exchanging copies of, and when possible, stipulating to exhibits. The parties shall bring six (6) copies of the premarked exhibits which they intend to offer into evidence. Whenever possible, the parties should exchange witness lists prior to the day set for the hearing. If the services of an interpreter are needed, notify Personnel Appeals Board staff at least two weeks prior to the hearing. The hearing site is barrier free and accessible to the disabled. 17 18 DATED this 21 st day of May, 1998. 19 20 WASHINGTON STATE PERSONNEL APPEALS BOARD 21 -~p~ 22 Teresa Parsons, Hearings Coordinator (360) 664-0479 23 24 cc: 25 26 William Dalton, Appellant Marilyn B. Singer, Attorney Elizabeth Delay Brown, AAG Jennie Adkins, DOC Personnel Appeals Board 2828 Capitol Boulevard Olympia, Washington 98504 WPEA The Washington Publl·C E mp Ioyees A s·· . soclatlon. 1·800·544·WPEA l\lailing Address - P.O. Box 7159 • Olympia WA 98507 • L t ' · Telephone: (360) 943-1121 • FAX. (360) 357-7627 .oca Ion - 140 Percival St. NW, Olympia Toll Free (800) 544-9732 March 10, 1998 Personnel Appeals Board Ann.: Don Bennett, Executive Secretary 2828 Capitol Blvd. PO Box 40911 Olympia, WA 98504-0911 Re: William Dalton v. Department of Corrections PAB Case No. DISM-97-0013 Dear Mr. Bennett: This letter confinns that WPEA is withdrawing representation and will not be representing WILLIAM DALTON in the above mentioned appeal. Any further correspondence on this issue can be directed to Mr. Dalton at his home address listed below: William Dalton 530418 Ih StreetN.W. Gig Harbor, WA 98335 Thank you for your attention to this matter. Very truly yours, i yj ' ~ . <?s'J,.~-- { L~aker Paralegal for WPEA C: Mr. William Dalton Eugene L. St. John - WPEA Executive Director Mark S. Lyon - WPEA Legal Counsel Kirk Burress, Representation Services Committee Bob Hall, MICC Chapter President Ken Brett - WPEA Staff Rep File C lI..csaI.fonns'J'AB.. olt 2 BEFORE THE PERSONNEL APPEALS BOARD 3 STATE OF WASHINGTON 4 5 WILLIAM DALTON, Appellant, 6 7 v. DEPARTMENT OF CORRECTIONS, 8 Respondent. 9 10 11 ) Case No. DISM-97-0013 ) ) NOTICE OF SCHEDULING ) ) ) ) ) ) ) Notice is hereby given of scheduling the hearing on the appeal before the Personnel Appeals Board. The hearing will be held in the Personnel Appeals Board Hearing Room, 2828 Capitol Boulevard, Olympia, Washington, on Tuesday, July 7,1998, beginning at 9 a.m. 12 13 14 15 16 The parties shall arrive at the hearing location thirty (30) minutes before the hearing time for the purpose of exchanging copies of, and when possible, stipulating to exhibits. The parties shall bring six (6) copies of the premarked exhibits which they intend to offer into evidence. Whenever possible, the parties should exchange witness lists prior to the day set for the hearing. If the services of an interpreter are needed, notify Personnel Appeals Board staff at least two weeks prior to the hearing. The hearing site is barrier free and accessible to the disabled. 17 18 DATED this 17th day of February, 1998. 19 WASHINGTON STATE PERSONNEL APPEALS BOARD 20 ~~ 21 22 Teresa Parsons, Hearings Coordinator (360) 664-0479 23 24 25 cc: William Dalton, Appellant Marilyn B. Singer, Attorney Elizabeth Delay Brown, AAG Jennie Adkins, DOC 26 Personnel Appeals Board 2828 Capitol Boulevard Olympia, Washington 98504 2828 C,lpitol Blvd. PO BOl ~Ol)ll OI~mpid. WA l)8311~·1l·J11 STATE OF WASHINGTON PERSONNEL APPEALS BOARD (360) 58&·1 ~81 FAX (360) ;53·0139 October 27, 1997 . Linda Dalton Assistant Attorney General P.O. Box 40145 Olympia, WA 98504-0145 Marilyn B. Singer Attorney at Law 20111 Singer Rd. SW Vashon Island, WA 98070-5500 RE: William Dalton v. Department of Corrections, Dismissal Appeal, Case No.: DISM-97-0013 Dear Ms. Dalton and Ms. Singer: This letter is to advise you that this case has been assigned to Tom Schmidt. He is a mediator contracted by the Personnel Appeals Board. Mr. Schmidt will be contacting you for the purpose ofscheduling a mutually agreeable date and time for a mediation. Mediation is an opportunity to bring the parties together to attempt a settlement of the issues on appeal without the need for a hearing. If settlement efforts are unsuccessful, the meeting will move into the prehearing phase and the parties will select a hearing date, attempt to narrow the scope of the issues to be presented to the board, discuss witness and exhibit lists, and possible stipulations between the parties. If you have any questions, please contact me. ~erelY, C-k'u (ctU !:k~dtL'--!67 --~eth 1. Latsch 1'" Executive Secretary KJL:py cc: William Dalton Jennie Adkins Kenneth Brett Tom Schmidt F:Paulene/Medialors/lener to parties -~. o B4/3B/1997 11:88 28646357' MARIL\IN BROWN SI"~ PAGE Law Offices of MARILYN BROWN SINGER 20111 Singer Road SW Vashon Island, WA 98070-5500 (206) 463-5993 • FAX (206) 463-5743 1-800-263-8206 Statewide mbsingcr@msn.c:om Marilyn Brown Singer, RN Roger Lee Marlatt Jr. Paralegal Attorney at Law April 30, 1997 VIA FACSIMILE Mr. Kenneth R. Latsch Executive Secretary Pe~onneJAp~sBoud 2828 Capitol Blvd. Olympia, WA 98504-0911 R.e: Williun Dalton v. Department of Corrections Dismissal Appeal, Case No. DISM-97-0013 Dear Mr. Latsch: Enclosed please fmd my Notice ofAppearance in the above matter. Could you please provide me with copies ofany docwnents previously filed with your office regarding this matter. Vel)' truly yo~ LAW OFFICES OF MARILYN BROWN SINGER MARILYN BROWN SINGER, RN Attorney at Law MBS/rlm Enclosure: As stated above cc: Ms. Linda Dalton Mr. William Dalton dalton.008 03 B4/3B/1997 11:Ba 2B646357 MARILYN BROWN Sr~tr-£R PAGE Law Offices of MARILYN BROWN SINGER 20111 Singer Road SW Vashon Island, WA 98070-5500 (206) 463-5993 • FAX (206) 463-5743 1-800-263-8206 Sratewide mbsingcr@msD.com m,ECOpmR COVER SHEET DATE: April 30, 1997 TO: MR. KENNETH R. LATSCH PERSONNEL APPEALS BOARD FAX NO: (360) 753-0139 FROM: Marilyn Brown Singer RE: Wll..LIAM C. DALTON CASE NO. DISM·97-OO13 Transmitted herewith are a total of ~ pages, including this cover sheet. The documents accompanying this telecopy transmission contain confidential information belonging to the sender which is legally privileged, The infonnation is intended only for the use ofthe individual or entity named above. If you are not the intended recipient, you are hereb)' notified that any disclosure, copying, distribution. or the taking ofaction in reliance on the contents of this telecopied information is strictly prohibited. If you did not receive all ofthe pages, or if you have received this telecopy in error, please contact the LAW OFFICES OF MARILYN BROWN SINGER immediately at Q.O.6) 463-599J. Thank you. MESSAGE: Enclosed please find letter dated April 30, 1997, and Notice of Appearance. MBS B1 B4/3B/1997 11:B6 2B646357 MARILYN BROWN Sr"'<;ER 1 B2 BEJ'ORJ: TD PERSONnL APPEALS BOA1U) STATE or WASRXNGTOR 2 WILLIAM C. DALTON, 3 ) NO. ) Appellant 4 NOTICE OF APPEARANCE ) STATE OF WASHINGTON, DEPARTMENT OF CORRECTIONS 6 DISM-97-0013 ) v. S 7 Respondent. 8 PAGE ) ) ) } ) ) -----------------) 9 TO: KENNETH 10 LATSCH, Executive Secretary, Personnel Appeals Board; 11 AND TO: 12 AND TO: 13 LINDA DALTON, Assistant Attorney General; BELINDA STEWART, Superintendant, McNeil Island Corrections Center 14 YOU AND EACH OF YOU WILL PLEASE TAKE NOTICE that the undersigned 15 16 herewith appears as the attorney for the Respondent, WILLIAM C. 17 DALTON, service without waiving objections as to improper or 18 jurisdiction, and requests that all further pleadings or notices of 19 any nature, except original process, affecting the rights of said 20 Respondent whatsoever, be served upon the undersigned at the address 21 below stated. DATED this 30th day of April, 1997. 22 23 LAW OFFICES OF MARILYN BROWN SINGER 24 2S By: 26 ~tL~~;;GE~~ W.S.B.A. 120682 Attorney for Respondent 27 28 lAw Officrs of MARILYN BROWN SINGER ~Olll Singer Rd SW Vahon Islllld, WA 98070 (206) 463-S993 fax (206) 463-5743 NOTICE OF APPEARANCE M.o:;;;.:::rt#99}:...." :;v.4IM4 .. ; w.(iQu • Q:;..... .. ".. ).n.;;","" GMJ.. «.<:.=i&Q¢sm.ili;;"p;;;;;;;;;;;;:;..ai&J.Oi6.e;:w;; h ..JiWJ",J :;::;q.. ,j,,( . .i.. i.... .6.2", .0A.J.....,.%a .. . Al I .... '.MX!",1 ... . .ii3· ..Q •••• 1.... ««:«:..4444$.,1-& ERTIFICATE OF SERVICE I certify that on April 22, 1997, I caused a copy of this document to be served by U. S. M postage prepaid. on the following: William Dalton Kenneth F. Breu Kathy Deuel. Personnel Officer S304 18th Street NW WPEA McNeil Island Corrections Center Gig Harbor WA 9833S 124 Tenth Avenue SW 1403 Commercial Street PO BOll: BB900 Olympia WA 9BSOI Steilacoom WA 983BB-0900 I.?J::.ify under penalty of perjury under the laws of the State of Washington that the foregoing ii/we and c 'rrct. Signed at Olympia, WA. on April 22. 1997. 1 IJ.....: 2 3 4 BEFORE THE PERSONNEL APPEALS BOARD STATE OF WASHINGTON 5 6 WILUAM DALTON, Appellant, 7 v. 8 9 NO. DISM-97-0013 NOTICE OF APPEARANCE DEPARTMENT OF CORRECTIONS, 10 Respondent. 11 13 KENNETH LATSCH, Executive Secretary, Personnel Appeals Board; WILLIAM DALTON, Appellant; KENNETH F. BRETT, Union Representative. 14 PLEASE TAKE NOTICE that the Respondent, Department of Corrections, without 15 waiving objection as to the sufficiency of service of process or jurisdiction of this Board, does 16 hereby enter its appearance in the above-entitled action, by and through its attorneys, 17 CHRISTINE 0 .. GREGOIRE, Attorney General, and ELIZABETH DELAY BROWN, 18 Assistant Attorney General, and requests that all further pleadings herein be served upon said 19 Respondent at the Office of the Attorney General at the address given below. 12 20 TO: AND TO: DATED this I') I)f\.~ c:I'~ day of April, 1997. 21 CHRISTINE O. GREGOIRE Attorney General 22 ()c..~~ ~ ~ETH 23 DELAY B;J;WN WSBA #21521 Assistant Attorney General Attorney for Respondent 24 25 . 26 ORIGINAL NOTICE OF APPEARANCE -1- ATTORNEY GENERAL OF WASHINGTON Labor & Personnel Division 905 Plum Street SE, Bldg. 3 PO BOX 40145 Olympia, WA 98504-0145 (360) 664-4167 ~ 2828 Capitol Blvd. PO Box 40911 Olympia, WA 98504-0911 STATE OF WASHINGTON PERSONNEL APPEALS BOARD .. 4.··_ _ " .... _. .••.•.•.•... (360) 586-1481 FAX (360) 753·0139 March 24, 1997 Kenneth F. Brett Washington Public Employees Associ~tion 124 - 10th Ave. SW Olympia, WA 98501 RE: William Dalton v. Department of Correction, Dismissal Appeal, Case No. DISM-97-0013 Dear Mr. Brett: This letter is to acknowledge receipt of the above entitled appeal by the Personnel Appeals Board on March 13, 1997. Sincerely, ~frhk~~th 1. LatscIY- . Executive Secretary KJL:lh cc: William Dalton Linda A. Dalton, AAG Jennie Adkins, PO z:\Ih\ncwappl\dalton.doc APPEAL FORM .PIS JvI-9 '7 -00/3 WASHINGTON STATE PERSONNEL APPEALS BOARD 2828 Capitol Boulevard, Olympia, WA 98501 Telephone: SCAN - 321-1481 . Off-SCAN - (206)586-1481 MAR 13 1997 ....PERSONNE.. ...,.PEALS aOAR~ This form will help you provide necessary information to the Personnel Appeals Board when you file an appeal. You are not required to use this formi however, appeals must be filed in accordance with the requirements set forth in Chapter 358-20 WAC which appears on the back of this form. If the space on the form is insufficient or if you wish to provide additional information, you may attach additional pages. PART I. APPELLANT IDENTIFICATION 1. NAME (Last, first, middle) Print or type ~ ~L.-ro~ W,LUAM 2. HOME ADDRESS Numoer and street, city, state and ZIP co e 5'301-\ I e'* ~I~W _ (1te~e.- I ~f~~, t}83&: PART II. REPRESENTATIVES An appellant may authorize a representative to act in his/her behalf. notified of any change in representation. 6. , The Board must be REPRESENTATIVE'S NAME, ADDRESS AND TELEPHONE NUMBER l(eN M=m C- ~ Bi?e1\ Wfe~ !?~'~~~M~iW955:SO \ . . L P ' P A R T II 1. TYPE OF APPEAL 7. Check one of the following to indicate the type of appeal you are filing: Disciplinary: Dismissal, Suspension, Demotion, Reduction in Pay (circle applicable action(s}) b. Disability Separation c. Merit System Rule or State Civil Service Law violation including Reduction in Force d. Allocation (position classification) e. Declaratory Ruling (see WAC 358-20-050) 8. Name of agency or agencies that took action you are appealing 1 Appea1 Fonn pART IV. FOR RULE VIOLATION OR REDUCTION IN FORCE APPEALS ONLY (see 7c.) 9. What Merit System Rules or State Civil Service laws do you believe were violated? 10. Explain the particular circumstances of the alleged violation. 11. How were you adversely affected by the alleged violation? 12. What remedy are you requesting in this case? pART V. FOR ALLOcATION ApPEALS ONLY (see 'd.) 13. Has there been a review of your allocation request by the Director of Personnel or designee? If so, by whom? 14. _ To which class do you think your position should be allocated? l(~~ OR REPRESENTAn VE 3~f-9J """'5..... 1G.....N.... AT"'""'U=RE........O'=""F APPELLANT OAT SIGNED II Aooeal Fonn Chapter 358-20 WAC APPEALS--FILINGS-DECLARATORY RULINGS WAC 358-20-()10 3S8-2O-()io 3S8-2G-OJO 3S8-2D-040 358-20-050 Appeal rrom dismissal. demotion. sUJpcMion. reduc· tion, dismiual ror abandonment or disability separation. Appeal rrom violation or law or rulC3. Appeal or allocation or reallocation. Filing appeals. .Declaratory rulings. WAC 358-26-010 Appeal (rom dismissal, demotion, suspension. reduction, dismissal (or abandonment or disability separation. Any permanent employee who is dismissed, demoted, suspended. reduced. dismissed for abandonment or given a disability separation may appeal to the personnel appeals board. [Statutory Authority: Chapter 41.64 RCW. 82~1~53 (Order 81-4). § 35820-.oJO. filed 12/16/81.J WAC 358-20-020 Appeal (rom violation of law or rules. An employee who is adversely affected by a violation of the State Civil Service law (chapter 41.06 RCW) or of the Merit System Rules (Title 356 WAC) may appeal to the personnel appeals board. [Statutory Authority: Chapter 41.64 RCW. 82~1~53 (Order 814), § 358-2~20, filed 12/16/8I.J WAC 358-20-030 Appeal or allocation or reallocation. An employee incumbent in a position at the time of its allocation or reallocation or the agency utilizing the position may appeal the determination of the director of personnel or designee issued pursuant to WAC 356-10060(5). [Statutory Authority: Chapter 41.64 RCW. 8201~53 (Order 81-4), § 358-20-030. filed 12/16/8I.J WAC 358-20-040 Filing appeals. (1) An appeal must be received in writing at the principal office of the personnel appeals board within 30 days after: (a) the effective date of the disciplinary or dismissal for abandonment action (WAC 358-2~10); (b) notification of disability separation (WAC 358-20-010) (c) notification of the allocation determination of the director of personnel or director's designee made pursuant to WAC 356-10~60(5) (WAC 358-20-030) or (d) the em· ployee could reasonably be expected to have knowledge of the action giving rise to a law or rule violation claim under WAC 358-20-020 or the stated effective date of the action, whichever is later. (2) The appeal shall include the name and address of the appellant. the name of the employing agency, and a telephone number at .....hich the appellant can be reached. Appellants who are represented shall include the name, address and telephone number of their representative. (6/25/82) (3) An appeal of a violation of the State Civil Service law or th~ Merit System RUI~ must cite the law(s) or rule(s) whIch the appellant claIms has been violated the particular circumstances of the alleged violation 'how t~e employee is adversely affectcd by the allcaed'violation and the remedy requested. {Statutory Authority: RCW 41.64.060. 82-1~07 (Order 82-1), § 358-20040, filed 6/25/82. Statutory Authority: Chapter 41.64 RCW. 82~1~53 (Order 81-4), § 358-20-040 filed 12/16/81J ' ~AC 358-20-050 Declaratory rulings. (I) As prescr~b~d by RCW 34.04.080. any intcrested party may pet!t1on ~he personnel appeals board for a declaratory ruling With respect to the applicability to any person. property or statc of facts of any statute or rule enforce· able by the personnel appeals board. The petition must be filed in the principal office of the personnel appeals board. (2) Upon receipt of a petition for declaratory ruling. the executive secretary or his/her designee will ack.nowl· edge receipt of the petition and send a copy to the other parties. (3) The personnel appeals board shall consider the, petition without argument and within a reasonable time will: (a) Notify the petitioner that no declaratory ruling will be issued; (b) Based on the information in the petition. issue a non-binding declaratory ruling; or (c) Notify the parties of the time for submitting written argument or of a time and place for hearing oral argument. If a hearing is scheduled. the notice ..... i11 inform the parties whether a decision, when rendered. will be binding between the agency and the petitioner. (4) After considering argument. the personnel appeals board will: (a) If written argument was submitted. notify the parties within a reasonable time that no declaratory ruling will be issued or issue a non-binding ruling. (b) If a hearing is held. notify the parties wilhin a reasonable time that no declaratory ruling will be issued; issue a non-binding ruling; or if the notice so provided. issue a binding ruling. (5) A declaratory ruling. if issued after argument and stated to be binding. is binding between the agency and the petitioner on the state of facts alleged, unless it is altered or set aside by a court. Such a ruling is subject to review in the superior court of Thurston county in the manner provided in the Administrative Procedure Act (chapter 34.04 RCW) for the review of decisions in contested cases. [Statutory Authority: RCW 41.64.060. 82-14~07 (Order 82-1), § 358-20-050. filed 6/25/82. Statutory Authority: Chapter 41.64 RCW. 82-01-053 (Order 81-4), § 358-20-050. filed 12/16/8I.J ICh. 3S8-10 WAC-p II 02/18/97 .. I i 16:53 FAX 206 851 2241 MAILBOXES ETC485 ~ raJ 001 • CHASE RI~LAN[ , secreTal'y " RECEIVED STATE OF WASHINCTON DEPARTMENT OF CORRECTIONS McNEIL ISLAND CORRECTIONS CENTER P.O. Box gOO • Steilacoom, Washington 98388-0900 F,E8181997 vV.RE.A. February 18, 1997 William Dalton 53D418th Street NW Gig HarborWA 983~5 . PERSONAL SERVICE CONfiDENTIAL Mr. Dalton: This Is official notification of your immediate suspension effective 12:01 a.m. on February 19, 1997, through mIdnight March 5, 1997, followed by your dismissal effective 12:01 a.m. on March 6, 1997, from your position of Registered Nurse 2 with the Department of Corrections (DOC), McNeil Island Corrections Center (MICC). This discIplinary action Is taken pursuant to the authority of the Civil Service Laws' of Washington State. Chapter 41.06, RCW, and the Merit System Rules, Tdle 366 WAC (MSR), Section 356-34-010 Disciplinary actions-Causes for Demotian~uspension-.ReductlonIn salary-Dlsmlssal (1) (a) Neglect of duty, (h) Grass misconduct, (I) Willful violation of pUblished employing agency or Department of Personnel rules or regulations and 356-34-050-Suspension -Followed by dismissal. . Specifically. you neglected your duty, committed gross miscondUct and willfully violated agency policy and the WACs and RCW's pertaining to nursing laws and standards when on June 4, 1996, you Injec;ted CO Karen Heyer with Tetanus/Diphtheria Toxoids (TOT) Instead of Tuberculin Purified Protein Derivative (PPD) when administering a tuberculosis screening test. The Employee Conduct Report (ECR) completed on October 22. 1996. describing this Incident in detail Is attached hereto and Incorporated by this reference (Attachment 1). On August 10,1993, you acknowledged receipt of the DOC Employee Handbook and agreed to become familiar with It (Attachment 2). You failed to meet Department Expectations as outlined on page 3 of the Employee Handbook (Attachment 3) which states In relevant part: "DEPARTMENTEXPECTAnONS * Conduct yourself and perform ·your duties safely' You were unprofessional by definition In the law relating to nursing care· RCW 18.130.180 Unprofessional Conduct (Attachment 4) which states in pertinent part: ' 'rrhe following conduct, acts, or conditions constitute unprofessional conduct for any license holder•••under the Jurisdiction of this chapter. Which states In pertinent part, but Is not limited to "e following: (4) Incompetence, negligence, or malpractice whIch results in Injury ft Which creates an unreasonable risk that a pati&nt may be harmed. to a patient or 02/18/97 16:54 FAX 206 851 2241 MAILBOXES ETC485 Wltnam Dalton February 18,1997 ____P_a__ ge.~_o_f _3....-...._--:._, William Dalton February 18, 1997 Page2of3 You have a duty to follow the licensing standards and uphold the professional standard of conduct entnJsted to you as a registered nurse. Further, you have a duty to perfonn your duties ·safely and efficientlY by administering the correct medication and dosage per appropriate medical prOtocol. ·On June 4. 1996. CO Heyer came to you for a PPD. With her was an Inmate she was escorting to get medication. Instead of Injecting her with PPD, you injected CO Heyer from a bottle of TDT, not PPD. You then attended to the inma,te and when you mtuMed, you charted the injection you gave to CO Heyer. The lot number you recorded on the Tuberculin Screening fonn contained In Attachment 1, page 16, Is the lot number for TOT, as was later verified by a member of the Pharmacy staff. MlCC phannacy staff also verified that the .bottles are clearly labeled by name, notJust by lot number. As D result of your negligence, CO Heyer experienced a severe reaction, I.e. a large bump sevor~ pain radiating up her arm. CO Heyer's physicIan diagnosed her as having TB and and placed her on Isoniazid to treat the TB. According to MICC's infection control nurse. Isoniazid ean cause harm to the liver and Is only used when absolutely necessary to treat TB. Your actions also caused CO Heyer undue physical and mental suffering, thinking that she hadTa By Injecting CO Heyer with the incorrect toxoid you neglected your duty as a Registered Nurse and willfully violated department expectations and tho nursing guidelines cited, wflich rises to the level of .gross misconduct. Throughout this Investigation. you continued to assert that you Injected CO Heyer with the PPD and sImply made a "'chartfng error" by accidentally writing down the wrong lot number on the. form. However, I do not accept your explanation of a charting error. The PPD and TOT bottles are kept side by side in the refrigerator, and by not paying close attention to your duties, It would be a simple matter to take the wrong bottle. Also, In a statement from RegIstered Nurse Carol Hoke (Attachment 5), she describes a very similar reaction to that of CO Heyer when she was Injected with TDT instead of PPD, while working for another state agenGY. Subsequently another TS test was administered on CO Heyer, which was negative. You oontlnue to assert that CO Heyer simply had a reaction to the first TB test and not the second; however, according to Registered Nurse Jeanne Thallmayer of Connaught labs (the manufacturer of both the PPD and TDT), this is untrue (Attaqhment 8). She stated that if someone W$r& hypersensItIVe to the PPD, the lot number would not make much difference. She went on to say that It would not be possible for someone to have an extreme reaction to one PPD, and then t\ave a second one result as negative. as was the case with CO Heyer• • __ _1r' &_ £ _1 _ .._ ._~ •• ._a...... _ •. • IaJ 002 02/18/97 \" 10:55 FAX 206 851 2241 HAILBOIES ETC485 iii 003 . William DaJlcn February 18. 1997 Page 3 013 A pre--terminauon meeting was held on November 22, 1$198 and later reconvened On Januwy 8. 1997. During the January 8, 1997 meeting, I shared with you additional infonnaticn pertaining to your inOicant that was not available to me on November 22, 1996. This Infonnaticn is already referenced In Attachments 5 and 6 and induded materials prDVIded by Connaught Labs (Attachment 9). You provided no evidence to change my mind that your tennination 15 warranted. When a Health Cars Professional Is negngn in the performance of hislher duties, fives Bill lit stake. You neglected your duty to follow the standards of your ficensure, which Includes the responsible execution of your duties ancl the expectations of your employer. By your actions, you have lost my ttu$t in your ability to safely perform your duties. Throughout this process, you faU to Bven acknowledge the possibility that you may have made a mistake. Your arrogance and negligence put a staff member's health at risk and caused her considerable physical and emotional SUffering. The n~ mili1ake you make could cost someone hfsJher lifs. and that Is not a risk I can take. Your behavior is so egregious that your immediate suspension. followed by dismissal Is fUlly warranted. Attachment(s) one through nine are attached hereto and by this reference. made a part hereof as thoLlgh fully set forth herein. Under the provisions of WAC 358-20-010 and 358-20-040, you have the right to appeal this action OR to file 8 grievance per Article 10 Of the Collective BargaIning Agreement between the Department of Corrections and the Washington PubIc Employees AssoCiation If you file an appea~ It must be flied In writing at the Office of the Personnel Appeals Board, 2628 Capitol Boulevard, Olympia, Washington 98501, within thirty (30) days after the effective date stated in the first paragraph of this letter. The Merit System Rules, WAC's, Department of Corrections policies and the Collective Bargaining Agreement are available for your review upon request .JJ.o.: 1.J/2 It/;;;, vi II ~~~~ent McNaB Island Corrections center Attachment(sl: cc: Eldon Vail. Adlng Director. DMsion of Prisons Jennie Adkins, Olrack:lr. Division of Human ResoulWs Donna Grazzini, WWC Area Personnel Manager· Unda Dalton, Sr. Assistant Attomey General Rose Mattison, MiCe Personnel Officer Employee Personnel File