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July 30, 2003 Contact: Patricia Feeny (503) 945-6955 State demotes human services employee for handling of abuse report The Oregon Department of Human Services (DHS) has demoted an employee for his job performance handling a report alleging abuse of Ashley Pond. "After reviewing all the information related to this case and consulting with legal counsel, DHS is demoting employee Colin Fitzpatrick to a Human Services Specialist, effective Aug. 1," said Lydia Lissman, administrator of DHS human resources. Fitzpatrick, 33, has worked for the department since 1998 as a Social Services Specialist. He was dismissed from state service on Dec. 6, 2002, because he failed to follow policy in handling a child abuse and neglect report. Fitzpatrick was reinstated to state service on Feb. 13, 2003, on a technicality. During the January 2003 hearing for Fitzpatrick's supervisor Darlene Walsh, two versions of a form regarding the report of alleged abuse of Pond by Ward Weaver were discovered. One of the versions contained Fitzpatrick's original work on the report. The other version, which was used in the DHS personnel investigation, had been modified. The department's legal counsel advised DHS that Fitzpatrick should be given the opportunity to respond to the version that contained his original work. DHS therefore rescinded the action to dismiss Fitzpatrick and continued the personnel review process. While reinstated, Fitzpatrick requested and was granted time under the Family Medical Leave Act beginning March 3. His FMLA leave ended on May 27 and he was placed on paid administrative leave. In making its decision to demote Fitzpatrick, Lissman said DHS also had to consider the cost of further proceedings and its ability to win a decision to remove this employee from state service. "In light of the Employee Relations Board's recommendation regarding Darlene Walsh, and in consultation with our legal counsel, the department believes Fitzpatrick's dismissal would not be upheld," she said. Fitzpatrick reports to work on Friday at the Portland Metro Food Stamp Processing Center. He is assigned to a non-child welfare position with limited client contact. As a Social Services Specialist he was paid $3,370 a month. As a Human Services Specialist, he will be paid $3,060 a month. As an employee represented by the Service Employees International Union, Fitzpatrick now has 30 days to appeal the agency's decision. |
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