Monday, January 23, 2012

Jury awards state rehab whistle blower $110,000

Posted by Max Brantley on Mon, Jan 23, 2012 at 11:07 AM

ROBERT TREVINO: He fired state whistle blower.
  • ROBERT TREVINO: He fired state whistle blower.
Interesting jury verdict in a Garland County Circuit Court lawsuit in Hot Springs last Friday.

A jury awarded Bob Means, a psychologist, $110,442 for his firing in July 2008 from a contract job at the Hot Springs Rehabilitation Center. He'd worked there for 37 years. It's an agency of state Rehabilitation Services, a division of the Arkansas Workforce Education Department.

Means said he was fired by Robert Trevino, director of Rehabilitation Services, because he had complained for months to a variety of people — including the U.S. Office of Inspector General, a state senator, the governor's office and his supervisor — about money wasted on services provided to a client who was ineligible. Means contended the services, in addition to being wasteful, might violate federal law. Though no longer eligible, the man received housing, transportation and other support, Means contended.

Trevino testified that he fired Means on orders of Bill Walker, director of the department. Trevino said he received Walker's order while vacationing at Padre Island, Texas. Walker called him from the Cayman Islands, where he was vacationing. Trevino insisted the firing was the result of a plan he and Walker had long discussed about operational changes at the center. Means' attorney, Scott Hickam of Hot Springs, said Trevino could produce no documents substantiating that. And coincidentally, the order followed by three days Mean's providing of more information to the Office of Inspector General.

Means produced testimony from four people, including one current administrator, that the unidentified man being served was one of several clients at the center known by the acronym "PMS," or politically mandated service. Means also produced testimony in the trial from an unsuccessful claim before the state Claims Commission that his superiors had looked into his computer history. Trevino denied looking at Means e-mail — and denied knowledge of the client for whose services Means blew the whistle. He had, however, acknowledged at the Claims Commission finding information about horse racing on Mean's computer.

Hickam will be filing a claim for attorney fees in the case, meaning the loss to the state likely will be greater than the jury verdict if there isn't a successful appeal.

I have sought a comment from Walker's department on the verdict and the testimony about "PMS" clients.

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EVERYWERE Bill Walker goes s**t follows. He's a present left to us by Gov Huckabee.

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Posted by Bill "The joke" Walker on 01/23/2012 at 12:33 PM

Two questions:

Why does everything involving Bill Walker have the taint of "you scratch my back, and I'll scratch yours ?"
And is there at least one person in Arkansas who can name one deal involving Walker that isn't or wasn't shady?

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Posted by ProfessorEmeritus on 01/23/2012 at 12:35 PM

I'll add this to my list of Gov Beebe state Goverment screw-ups.

When is the media going to take notice of ALL the problems in state goverment as of late?

Bill Walker problems, Estimated $161 million in improper unemployment payments from 2008-2011, ADC director suspended, Forestry Commission debacle, Double Dipping by high level state employees, Game and Fish controversy, Lottery Commission being fined by the IRS and multiple problems, more problems than a person could count at DCC, Trail Assistants shortfall, Highway commission overtime controversy,

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Posted by Gov Beebe is mailing it in... on 01/23/2012 at 1:15 PM

Folks, the real scandal here is the sharp dropoff in executive compensation from number one to number two. Mr. Walker can afford a vacation in the Cayman Islands. Mr. Trevino could only afford a vacation on Padre Island, which is not really an island but a spit of sand hanging off the coast of Texas like so much skin sloughing off one's elbow. If we do not do something about the Vacation Gap, we will not be able to retain the high caliber of #2 axemen that we now have. If Mr. Trevino could not cover his tracks any better than he did, what sort of blundering we will we get from the next under-holidayed civil servant?

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Posted by Sanford Marker on 01/23/2012 at 1:49 PM

Some of you, no doubt, plan to raise the red herring of WHY would Mister Walker and Mister Trevino, both as indispensable as all-get-out, be on vacation at the same time. Not just gone, but splat out of the country simultaneously, Padre Island being a part of the Rick Perry Seceded Republic of Texas. NO Concern, Raisin Babies, as my great Left Coast pal would write. It is obvious that both Mister Walker and Mister Trevino are in possession of state-issued satellite phones with flat rate international roaming fees. And the story further shows that at least one state employee, back in Arkansas awaiting his turn to take respite in Tonga, knew how to PLACE an international call to Mister Walker, no mean feat given what kind of record keeping and reporting must be done at most state agencies when making a long-distance call.

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Posted by Sanford Marker on 01/23/2012 at 2:11 PM

“EVERYWERE Bill Walker goes s**t follows.”

Yup. Ever since 1985. When Walker, then a 24-year-old first-term JP, got into a scuffle with Pulaski County Judge Don Venhaus during a Quorum Court meeting. Walker wouldn’t shut up while a vote was in progress. Venhaus pointed his finger at Walker who then got up and shoved the much-older judge into a window. Not sure Walker has ever been able to smooth out his edges or manage his anger.

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Posted by Durango on 01/23/2012 at 2:52 PM

If it distills down to Walker isn't he suing the wrong sumabitch? Shouldn't the complaint have named both? Just wonderin up here.

Why does justice require so long in such a small state? Amended complaint filed in
'09. Has Mayor Ruth ruled that courts are only held at her order? Just kiddin of course.

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Posted by eLwood on 01/23/2012 at 3:17 PM

Why does everyone treat Walker like a glass slipper?

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Posted by Verla Sweere on 01/23/2012 at 3:39 PM

I'd bet this whistleblower victory represents only the tip of the iceberg of potentially misallocated taxpayer money to the Hot Springs Rehab Center, which is an inpatient facility operated under the Arkansas WORKFORCE EDUCATION Department. (Trying to emphasize that its ostensible goal is to place people in jobs....) People with disabilities do better when they get help to get into real jobs in the community like everyone else, rather than being waylaid in sheltered workshops or rehab "training" centers like this one (per research from Dartmouth, Kent State, etc.). It's a money drain.

The public deserves to see how much per head it costs to operate this place, and its employment outcomes. If the undoubtedly huge expense (compared to other employment services) is justified, then fine. But other states have followed the research and the sea change toward community inclusion by closing down such facilities (note that the Arkansas webpage for ACTI boasts about being one of the few of its kind) - and these other states tend to have much higher rates of employment among people with disabilities.

Until Arkansas assesses the cost-effectiveness of this rehab center, we'll probably continue to rank among the worst states for workforce participation by people with disabilities. And given that nearly 18% of Arkansas adults ages 21-64 report having disabilties, that fact has profound implications for our taxpayer base and the solvency of our safety net.

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Posted by anonymous on 01/23/2012 at 4:53 PM

I worked for ARS for 39 yrs before retiring and so many misallocations of use of money. Mainly in the last few years I worked there but we were always told to keep our mouth shut or else. These 2 guys and I believe Walker is the worse..Trevino is afraid of losing his job..will be the death of ARS. Walker has place many and I mean many of his buddies in high paying jobs within ARS..most of the time having to create jobs for people who had no office background..One in particular who had been a construction worker before being hired at ARS walked into a high paying job and did not do anything that job had donebefore by a man who had worked there 30 years. Then they put a lower position in the other job to create what needed to be filled..So may issues and problems within..The commissioners we had before were dedicated individuals to people with disabilites in the state. These dont have a clue..

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Posted by Linda Finch on 01/24/2012 at 6:57 AM

Follow the money. The folks writing comments are familar with what is going on at ARS but no one has been listening. Walker and Trevino need to be fired ASAP or they will be an embarrassment to the governor. The question is "does the governor care about people with disabilities!". Time will tell. Follow the money!

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Posted by Fly Girl on 01/24/2012 at 6:54 PM

Blatant arrogance and mismanagement have consistently been present during the tenure of Trevino and Walker. Many persons without reasonable qualifications have been placed into managerial positions. Many out of state meetings have been "attended" without attending the sessions and have been largely used as vacations by Trevino and Walker. Employees of the agency have been bullied and intimidated day in and day out, resulting in a continuous hostile work environment. Numerous individuals have been unjustly disciplined, terminated, or forced to resign after expressing concern about questionable decisions. Management decisions are made in a vacuum behind closed doors by Trevino and Walker and do not involve upper and middle level management. Over recent years, efforts have been made via formal and informal channels to bring to light the misconduct of these two public officials, to no avail. Governor Beebe has been made fully aware of multiple concerns regarding these two individuals and has only reinforced their standing in the agency. It is past time for these two individuals to be removed from their positions.

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Posted by Speaking from the belly of the beast on 01/25/2012 at 7:56 AM

I returned to ARS a few years ago after an absence of many years. I found that the agency I returned to bore no resemblance whatsoever to the one I left in the late 1980's. The most striking and disappointing change was that upper management, i.e., Bill Walker and Robert Trevino, had no respect for the profession of rehabilitation counseling nor for rehabilitation counselors themselves, as well as other staff. This was amply demonstrated on a regular basis by statements, actions and comments by these two continually. Staff were treated with utter disdain. The needs of staff for appropriate training and many requests by staff for approval for much needed professional development were either ignored or blatantly rejected. Money was spent for ridiculous, mandatory meetings in Little Rock, commonly called "fish fries" by many of us, that were unnecessary, pointless and self-serving to the upper echelon. How much it must have cost to pay travel expenses for hundreds of staff as well as to provide their lunches by requiring the Hot Springs Rehabilitation Center cafeteria staff to cook it and transport it to Little Rock. People were placed in positions, particularly in Central Office, who were totally unqualified for the jobs they were given and it showed. Even if one were minimally qualifed academically, in a particular case I have in mind, that person was arrogant, treated far more qualified staff in a demeaning and hostile manner. In meetings and other communications, a common reaction to questions of merit and genuine concerns of staff was to dismiss them or characterize the questioners as troublemakers or non-helpful. This agency became a classic example of the term "Team Player" coming to mean "go along to get along". If one had a sincere concern, and management didn't want to address it or acknowledge it, then one was classifed as not a "Team Player". One had to act as though, despite the smell, there was no elephant in the room.

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Posted by Jmbutler on 01/25/2012 at 11:12 AM
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