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Barrett v Wadoc Wapab Appeal Dismissal Gross Neg Tb Case 1999 Medical Misconduct

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2818 Capitol Blvd.
PO Box 40911
Olympia. WA 9850"'.0911

VOICE (360) 586+'81
FAX (360) 753·0139
E-MAIL in(o-pab@pab.stale.wa.us

STATE OF WASHINGTON

PERSONNEL APPEALS BOARD
HOME PAGE www.wa.gov/pab

June 1, 1999

Roger Barrett
8216 York Ave S
Bloomington, MN 55431
RE:

Bruce Barrett v. Department of Corrections, Suspension Appeal,
Case No. SUSP-97-0031

Dear Mr. Barrett:
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 June 1, 1999.
Sincerely,

Don Bennett
Executive Secretary
DB:mt
Enclosure
cc:

an

.tt

Elizabeth Van Moppes, AA.G
Jennie Adkins, DOC

i%

.Mzt Kil, (

BEFORE THE PERSONNEL APPEALS BOARD
STATE OF WASHINGTON

2

3

)
4

7

8
9

)
)
)
) MOTION AND ORDER OF DISMISSAL
)
)

Appellant~

5

6

) Case No. SUSP-97-0031

BR{)CE BARRETT~

vs.
DEPARTMENT OF CORRECTIONS~

Respondent.
)
1---------------)
The Appellant~ by and through the undersigned Personal Representative of the Estate of Bruce

10

Barrett, hereby notifies the Personnel Appeals Board that he wishes to withdraw the above-entitled

11

appeal.

12

DATED

_/

6//7/19

7 r

al Representative

13

This matter came on regularly before the Personnel Appeals Board on the consideration of the

14

request ofthe Appellant's Personal Representative to withdraw the above-entitled appeal. The

IS

Board having reviewed the files and records herein~ being fully advised in the premises~ and it

16
17

appearing to the Board that the Personal Representative of the Estate of Bruce Barrett has requested
to withdraw the appeal~ now enters the following:
ORDER

18

19

20

NOW, THEREFORE, IT IS HEREBY ORDERED that the request to withdraw the appeal is
granted and the appeal is dismissed.
DATEDthis ,STdaYOf

JUAiL

~ /199

21

22
23

24

25
26

Personnel Appeals Board
2828 Capitol Boulevard
Olympia. Washington 98504

O~:Oi!99

09:~8

SYITH

FAI :33 627 0123

iii 002

ALLI~G L~~

IN THE Sti"PERIOR COURT OF THE STATE OF WASlIDlGTON
~

AND FOR THE COUNTY OF PIERCE

lli THE l\1ATTER OF THE ESTATE OF

No. 99 400531 0

BRUCE HAGEN BARRETT

.LEITERS OF ADMINISTRATION

i

Deceased

STATE OF WASHINGTON

)

County of Pierce

)

)Ss.

'WHEREAS, BRUCE HAGE~ BARRETT late o( Pierce County. WasbingtOD, O~ or about MARCH 10,
1999, died imestate, lea"'ing at the time of his/her dC:1tb, property in tbis state subject Ee administr:\tion;
knO\\' all me!l by these presents~ that we hereby appoint ROGER P. BARRETT
upen said estate, and wher~as said adminisn-2torJri.x has duly qualified, hereby authori2e
himlber to administer the same according to law.

NOW, THEREFORE,
administrator/ri~

l\lTh"ESS my b3nd and the senl of said court this APRIL 6, 1999.

CERTIFICA
STATE OF WASHINGTON

)
) 55.

CO\wty of Pierce

)

. I, TED Rl..iTT, Clerk of The Superior Court of said County and State, do hereby certify that the above
and foregoing is a true and correct copy of the Letters of Administration in the above entitled case: and
were on APRIL 6, 1999. duly entered of reeord;
~"'ID.

I further certify said Letters are still in full Coree and effect.

I,'I;' TESTIMONY WHEREOF. I ha"-e hereunto set my hand and nffi.'<ed the seal of said Superior Court,

this April 6, 1999.
rk of the Superior Court
o_-¥--

Bv

_

• Deputy

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VOICE (3r,0) 586.1481
FAX Or,OI i53·013,)
E·,'1.1AIL info·pab~pab.slale.wa.us

2828 Capitol Blvd.
PO Box 40911
Olympia, WA 98304·0911

STATE OF WASHINGTON

PERSONNEL APPEALS BOARD
HOME PAGE

www.wa.gov/pilb

May 7, 1999

Roger Barrett
8216 York Ave. S.
Bloomington, MN 55431
RE:

Bruce Barrett v. Department of Corrections, SUSP-97-0031

Dear Mr. Barrett:
Thank you for calling me regarding the appeal pending before the Personnel Appeals
Board at the time of your brother's recent death. Please accept my condolence on behalf
of the Board.
We discussed your prerogative to pursue the appeal on behalf of Bruce Barrett's estate or
notify the Board of your intent to withdraw the appeal.
I prepared the enclosed Motion and Order of Dismissal for your signature. The Board
will enter an order dismissing the appeal upon receipt of your request and I will see that
you receive a copy of the order for your records.
I have also enclosed the copy of the disciplinary letter dated July 28, 1997 that was filed
with the appeal. This letter is the employer's notice to the employee of the basis for the
disciplinary action and the sanction imposed - a seven-day suspension in this case. As
we discussed, the underlying incident occurred over two years ago and the appeal of the
suspension had been pending without much activity for several months.
Again, I want to express my sincere sympathy for your loss and thank you for your
assistance in resolving this matter. Please call me again if you have any questions.
Sincerely,

Don Bennett
Executive Secretary

Enclosures

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BEFORE THE PERSONNEL APPEALS BOARD
STATE OF WASHINGTON

2
3

)
4

5
6
7

BRUCE BARRETf,

) Case No. SUSP-97-0031

)
)

Appellant,

~

vs.
DEPARTMENT OF CORRECTIONS,

MOTION AND ORDER OF DISMISSAL

)
)

Respondent.

)

8

--------------)

9

The Appellant, by and through the undersigned Personal Representative of the Estate of Bruce

10

11
12

Barrett, hereby notifies the Personnel Appeals Board that he wishes to withdraw the above-entitled
appeal.
DATED

_
Personal Representative

13

This matter came on regularly before the Personnel Appeals Board on the consideration of the

14

request of the Appellant's Personal Representative to withdraw the above-entitled appeal. The

15

Board having reviewed the files and records herein, being fully advised in the premises, and it

16

appearing to the Board that the Personal Representative of the Estate of Bruce Barrett has requested

17

to withdraw the appeal, now enters the following:
ORDER

18
19

20

NOW, THEREFORE, IT IS HEREBY ORDERED that the request to withdraw the appeal is
granted and the appeal is dismissed.
DATED this

day of

_

21

WASHINGTON STATE PERSONNEL APPEALS BOARD
22
23

WALTER T. HUBBARD

24

NATHAN S. FORD, JR.
26

GERALD L. MORGEN
Personnel Appeals Board
2828 Capitol Boulevard
Olympia, Washington 98504

2828 Capitol Blvd.
PO 801140911
Olympia, WA 98504-0911

VOICE (360) 586-1481
FAX (360) 753·0139
E-MAil info.pab@pab.state.wa.us

STATE OF WASHINGTON

PERSONNEL APPEALS BOARD
HOME PAGE

www.wa.gov/pab

April 27, 1999

Bruce Barrett
PO Box 88250
Steilacoom, WA 98388
RE:

Bruce Barrett v. Department of Corrections, Suspension Appeal,
Case No. SUSP-97-0037

Dear Mr. Barrett:
Enclosed is a copy of the Order Granting Continuance in the above-referenced matter.
The order was entered by the Board on April 27, 1999.
Sincerely,

Don Bennett
Executive Secretary
DB:mt
Enclosure
cc:

Elizabeth Van Moppes, AAG
Jennie Adkins, DOC

o

BEFORE THE PERSONNEL APPEALS BOARD
STATE OF WASHINGTON

2
3
4

Appellant,

s

v.

6

)
)
) Case No. SUSP-97-0031
)
) ORDER OF CONTINUANCE
)
)

BRUCE BARRETT,

DEPARTMENT OF CORRECTIONS,

)
)

7

Respondent.
8
9

This matter came before the Personnel Appeals Board, WALTER T. HUBBARD, Chair, and

10

NATHAN S. FORD JR., Vice Chair, on consideration of the Board's motion to continue the

11

hearing.

Due to the Board's inability to contact Appellant's heirs and after consultation with

Respondent, the Board determined that the hearing scheduled for April 28, 1999, should be
12

continued. The Board having reviewed the files and documentation and being fully advised in the
13

premises, now enters the following:

14

ORDER

IS

NOW, THEREFORE, IT IS HEREBY ORDERED that the hearing scheduled for April 28, 1999, is

16

continued to a date to be determined.

17

DATED this

18
19

Q.1 ~ay of ~I

,1999.

WASHINGTON STATE PERSONNEL APPEALS BOARD

AJ~ r7 J.J-~

21

~~~~/'~' Ch ~

22

Nathan S. Ford J '., Vice Chait

20

'~~iYI/ .'

/! /

t<

r-

23

24
25
26

Personnel Appeals Board
2828 Capitol Boulevard
Olympia, Washington 98504

WPEA
The Washington Public Employees Association • 1-800-544-WPEA
OLYMPIA HEADQUARTERS
ftWUNG ADDRESS: PO Box 71 59 • Olympia 'IIA 98507
LOCATION: 140 Percival St N'II • Olympia 'IIA
TWPliONE: 13601 943·1121
fAX: /3601 357-7627

EASTERN REGIONAl. OFFICE

NORTHWEST REGIONAl. OFFICE

8382 Gage Blvd Suite I • Kennewick 'IIA 99336
TELEPliONE: /5091734-1244
FAX: /5091 734-8643
TOLL FREE: /B771 734-WPEA

PO Box 22438 • Seattle 'IIA 9B11200438
TELEPHONE: /2061 328-1793
FAX: /2061 328-1827
TOLL FREE: /8771 328-WPEA

October 14, 1998
Don Bennett
Executive Secretary
Personnel Appeals Board
2828 Capitol Blvd.
PO Box 40911
Olympia, WA 98504-0911
Re:

Bruce Barrett v. Department of Corrections
PAB No. SUSP-97-0031

Dear Mr. Bennett:
This letter is to confirm that WPEA is withdrawing representation and will not be representing
BRUCE BARRETT in the above-identified appeal. Any further correspondence on this issue
should be directed to Mr. Barrett at his home address listed below:
Bruce Barrett
P.O. Box 88250
Steilacoom, WA 98388
Thank you for your attention to this matter.
Very truly yours,

~.~~
Paralegal for WPEA

C:

Mr. Bruce Barrett
Elizabeth Van Moppes, Assistant Attorney General
Eugene L. St. John - WPEA Executive Director
Mark S. Lyon - WPEA General Counsel
Kirk Burress, Chair, Representation Services Committee
Ken Brett - WPEA Staff Rep
File

VOICE (360) 586-1481
fAX (360) 753·0139
E·MAIL info.pab@pab.state.wa.us

2828 Capitol Blvd.
PO Box 40911
Olympia, WA 98504-0911

STATE OF WASHINGTON

PERSONNEL APPEALS BOARD
HOME PAGE www.wa.gov/pab

September 23, 1998

PROPOSED LIST OF CUT-OFF DATES
Bruce Barrett v. Department of Corrections
Case No.: SUSP-97-0031 (Suspension appeal)
This statement is issued to record dates controlling the subsequent course of the proceedings in
the above-referenced appeal. In lieu of a pre-hearing conference, the following dates for
completing discovery, exchange of lists of witnesses and exhibits and other prehearing matters
are proposed.
1.

Discovery is to be completed by March 29, 1999. Requests for discovery must be
served with sufficient time for responses to be completed by March 29, 1999.

2.

Witness lists and exhibit lists are to be exchanged on or before April 21, 1999.
The parties reserve the right to supplement the lists.

3.

Pre-hearing briefs, if prepared at the discretion of the parties, will be filed on or before
April 23, 1999 in accordance with WAC 358-30-045.

4.

The hearing in this matter will be held on April 28, 1999 beginning at 9:00 Al\1 in
Olympia, Washington.

The pre-hearing conference is scheduled for 9:00 AM on April 21, 1999. At that time, the
Executive Secretary or designee will initiate a conference call with the parties' representatives to
discuss possible stipulations on witnesses, exhibits, and the issue to be presented for
determination by the Personnel Appeals Board.
The parties shall arrive at the hearing location thirty (30) minutes before the hearing time for the
purpose of exchanging copies of exhibits and, if possible, stipulating to admission of exhibits.
The parties shall bring six (6) copies of the pre-marked exhibits which they intend to offer into
evidence.

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Statement ofResults of Pre-hearing
September 23, 1998
Page 2

Any objections or corrections must be filed with the Executive Secretary within 20 days of
the date af this statement and shall, at the same time, be served upon each of the
participants named above. This statement becomes part of the official record of the
proceedings, and the stipulations will be binding on the parties, unless this statement is
modified for good cause.

PERSONNEL APPEALS BOARD

BY:~~
Don Bennett

Executive Secretary

2

BEFORE THE PERSONNEL APPEALS BOARD

3

STATE OF WASHINGTON

4

5

~ NOTICE OF SCHEDULING

Appellant,

6
7

) Case No. SUSP-97-0031
)

BRUCE BARRETT t

vs.
DEPARTMENT OF CORRECTIONS t

8

Respondent.
9

10
11
12
13
14

15
16

)
)
)
)
)
)

Notice is hereby given that pursuant to WAC 358-30-010(3), a hearing on the appeal before the
Personnel Appeals Board has been set for Wednesday, April 28, 1999, beginning at 9 a.m. The
hearing will be held in the Personnel Appeals Board Hearing Room t 2828 Capitol Boulevard,
Olympia, Washington.
The parties shall arrive at the hearing location thirty (30) minutes before the hearing time for the
purpose of exchanging copies oft and when possible t 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 t 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 16th day of September, 1998.
19

20

WASHINGTON STATE PERSONNEL APPEALS BOARD
21

22

Teresa Parsons, Hearings Coordinator
(360) 664-0479

23
24

cc:
25
26

Bruce Barrett, Appellant
Louis Baker, WPEA
Elizabeth Van Moppes t AAG
Jennie Adkins, DOC
Personnel Appeals Board
2828 Capitol Boulevard
Olympia. Washington 98504

1

2
3
4

BEFORE THE PERSONNEL APPEALS BOARD
STATE OF WASIDNGTON

5

6
7

BRUCE BARRETT,
NO. SUSP-97-0031
Appellant,

8

10

NOTICE OF WITHDRAWAL AND
SUBSTITUTION OF COUNSEL

v.

9

DEPARTMENT OF CORRECTIONS,

11

Respondent.

12
TO:

DONALD BENNETT, Executive Secretary; and
BRUCE BARRETT, Appellant; and
KENNETH F. BRETT, Union Representative.

13

14
15

NOTICE IS HEREBY GIVEN that VALERIE B. PETRIE, Assistant Attorney General,

16

does hereby withdraw as attorney for Respondent, in the above-entitled action, and that

17

ELIZABETH VAN .MOPPES, Assistant Attorney General, is hereby substituted as the attorney for

18

said Respondent. It is requested that any and all further pleadings herein be served upon the

19

undersigned attorney at the Office of the Attorney General at the address given below.

20

.

DATED this

Iq~

day of March, 1998.
CHRISTINE O. GREGOIRE
Attorney General

21

22

~!~~

23

WSBA#27362
Assistant Attorney General

24
25
26
NOTICE OF WITIlDRAWAL
AND SUBSTITIJTION OF COUNSEL

ATIORNEY GENERAL OF WASHINGTON
Labor &: Personnel Division
905 Plum St SE, Bldg. 3

PO Box 40145
Olympia, WA 98504·0145
(360) 664-4167

1

2
3

BEFORE THE PERSONNEL APPEALS BOARD
STATE OF WASffiNGTON

4

5

BRUCE BARRETT,

NO. SUSP-97-0031

6

Appellant,
CERTIFICATE OF SERVICE

7
8

v.
DEPARTMENT OF CORRECTIONS,

9

Respondent.

10
11
12

I certify that I served a copy of the Respondent's Notice of Withdrawal and Substitution
of Counsel on all parties or their counsel of record on March

c23

,1998 as follows:

X_ ABClLegal
US Mail Postage Prepaid via Consolidated Mail Service
Messenger

13

14

_ State Campus Delivery
_ Hand delivered by:

15
16

17
18

TO:
I. Bruce Barrett
PO Box 88250
Steilacoom WA 98388

2. Kenneth F. Brett

WPEA
PO Box 7159
Olympia WA 98507

3. Rose Mattison-Personnel Officer
McNeil Island Corrections Center
PO Box 88900
Steilacoom WA 98388-0900

19
20
21

22

I certify under penalty of perjury under the laws of the State of Washington that the
foregoing is true and correct.
Dated this ~ day of March, 1998 at Olympia, WA.

23
24
25

26
ATIO~YGam~OFW~mNmON

Labor &:. PcrsoMcl Division
905 Plum Sl 51:, Bldg. 3
PO Box 40145
Olympia, WA 98504-0145
(360) 664-4167

1

2
3

BEFORE THE PERSONNEL APPEALS BOARD
. STATE OF WASHINGTON

4·
5

NO. SUSP-97-0031

BRUCE BARRETT,

6

7
8

NOTICE OF APPEARANCE

Appellant,

v.
DEPARTMENT OF CORRECTIONS,

9

Respondent.

10

12

KENNETH LATSCH, Executive Secretary, Personnel Appeals Board;
BRUCE BARRETT. Appellant;
KENNETH F. BRETT. Union Representative.

13

PLEASE TAKE NOTICE that the Respondent, Department of Corrections. without

14

waiving objection as to the sufficiency of service of process or jurisdiction of this Board, does

15

hereby enter its appearance in the above-entitled action, by and through its attorneys,

16

CHRISTINE O. GREGOIRE, Attorney General, and VALERIE B. PETRIE. Assistant

17

Attorney General, and requests that all further pleadings herein be served upon said Respondent

18

at the Office of the Attorney General at the address given below.

11

TO:
AND TO:

19

DATED this

20
21

22
23

--14l

day of August. 1997.
.

{k

C~RISTINE O. GtjIRE
Attorney
Gene
I
-I

\~

,

,.

VAtERIE B. P tRiE
WSBA #21126
\
Assistant Attorney General

24
25
26
ATTORNEY GENERAL OF WASHINGTON

NOTICE OF APPEARANCE - 1
f:\••. appear.wp

Labor & Personnel Division
905 Plum Street SE, Bldg. 3
PO BOX 40145
Olympia, WA 98504-0145
(360) 664-4167

1

BEFORE THE PERSONNEL APPEALS BOARD
STATE OF WASHINGTON

2
3

NO. SUSP-97-0031

4 . BRUCE BARRETT,

v.

6

7

DEPARTMENT OF CORRECTIONS,
Respondent.

8
9
10

I certify that I served a copy of the Respondent's Notice of Appearance on all
parties or their counsel of record on September

11

13

15

16

;;'1Z~, 1997 as follows:

';'~ US Mail Postage Prepaid via Consolidated Mail Service
_ ABClLegal Messenger
_ State Campus Delivery
_ Hand delivered by:

12

14

CERTIFICATE OF SERVICE

Appellant,

5

TO:
1. Bruce Barrett
Po Box 88250
Steilcoom WA 98388

2. Kenneth F. Brett
WPEA
124 Tenth Avenue SW
Olympia WA 98501

3. Kathy Deuel, Personnel Officer
McNeil Island Corrections Center
1403 Commercial Street
PO Box 88900
Steilacoom WA 98388·0900

17

18
19

I certify under penalty of perjury under the laws of the State of Washington that the
foregoing is true and correct.

20

Dated this

,~d

21

22

day o(September, 1991, at Olympia, WA.

~'V'-'
d {)JJr"/,-. S
J OLSON
I

\

'

-

23

24
25

26
ATTORNEY GENERAL OF WASHINGTON
Labor &: Personnel Division

CERTIFICATE OF SERVICE - 1
f:\... cert.wp

905 Plum Street SE, Bldg. 3

PO BOX 40145
Olympia. WA 98504-0145
(360) 664-4167

(360) 586·1481
FAX (360) i53·0139

STATE OF WASHINGTON

2828 Capilol Blvd.
PO Box 40911
Olympia. WA 98504-0911

PERSONNEL APPEALS BOARD

August 21, 1997

Kenneth F. Brett
Washington Public Employees Association
124 - 10th Avenue SW
Olympia, WA 98501
RE:

Bruce Barrett v. Department of Corrections, Suspension Appeal t
Case No. SUSP-97-0031

Dear Mr. Brett:
This letter is to acknowledge receipt of the above entitled appeal by the Personnel Appeals Board
on August 21, 1997.
Sincerely,

'(;2ul:d ~;:~/(..L
Kenneth J. L~tsch
Executive Secretary

~
~
I ..

KJL:lh
cc:

Bruce Barrett
Linda A. Dalton, AAG
Jennie Adkins, DOC

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WPEA

AUG-21-91 THU 12:27

"'1

FAX NO. 360?r.'7627

OLYMPIA

P.02
~yP-q1-003 \

:\PPEAL FORM
PH:
FAX:

SCAN 321-1481
(360) 586-1481
(360) 753·0139

PRINT OR TYPE· SIGN ON PAGE 2

PARTL

APPELLANT JDENTIFICATION

.[lJ.XE:

NAME;:......---!BhlWL

_

lUSt name. fuu ~C. rJ.dcllc Initial)

HOMEADDRESS:J.O.

SoX'

ep.2t'2m-=~

(Number and Iueu)

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S'l:Fll ftC~W\.

PHONE NUMBERS:

WORKt:s;;)

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(Cil)'. slOllc IItld lIP c:ode)

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HOME:

_

E....1PLOYING AGENCY OR fNSTITUTION:_--=OD.c/MI
AGENCY OR INSTITUTION THAT TOOK ACTION YOU ARE

I

PART lIL

!

_

q;:,

APPEALING:,.--;O~e:..:::(,~/M=p.(~~
....- - - - I

TYPE OF APPEAL

CHECK ONE Of THE FOLLOWING TO lNDICA1:£ THE TYPE OF APPEAL YOU ARE fiLING:
~ a. Disciptin;uy: (check applicable acriones).

_ _ Dismissal,

~uspension.

_ _Demorion,

b. Disability S~parilrion:
c. Rule Qr Law Violation (complere Part IV. orthis fonn):
d. Reduction in Furce:l.ayoff(compl~(e Parr IV. of chis form):
t.

Alloc:uion (position d3Ssific::uion) (c:ompl~rc
DC:C!:1f:ltOry

_ _ 3-

E.,,~:nption

Ruling lsee WAC

or' Posithm.

35S·~O-t)SO);

~n

v. orthis fonn);

_Reducrion in Salary;

AUG-21-97 THU 12:28

WPEA

"'1

OLYMPIA

P,03

..

•
PART IV.

RULE VIOLATION OR REDUCTION-IN.FORCE APPEALS ONLY

What Rule(s) or Lawes) do you believe w¢rc violated?

E."tplain the particular circumstances of the alleged violation:

How were you ad\'ersely affected by the alle;ed ~iolatJon?

What remedy are )tau requesting in this C3Se~

PARTV.

ALLOCATION APPEA~ ONLY

What is your present classifh:ation?

_

To which class do you think your position should be alloc:aced?

-

HilS there been a determination made by the Director ofthe Department oCPtrsonnel or designee? Yes_ No_
If so, when and by whom?,

_

Plc3Se identify the specific exceptions you are takIng to me Director·s detennimLtion and the ponions aflhe determination to
which you dlsagree:
_

Ple:uc :lUach:a tOpy ortho Director's deter"mlnlltioll to this form purSU:lnt to WAC 358·~O-040(~.

f{a..~(~.

SIGNATURE

~t:A TOR. REPRESENTATIVE

AUG-21-91 THU 12:29

P.04

WPEA "" OLYMPIA

;HASE R1VEtAND
Secretar)'

STATE OF WASHINGTON

DEPARTMENT OF CORRECTIONS
McNEIL ISLAND CORRECTIONS CENTER
P.O. 80x 900 • Steilacoom, W;2shington 98388-0900

July 28, 1997
Bruce Barrett
POBox 88250
Steilacoom WA 98388

PERSONAL SERVICE -CONFIDENTIAL

Mr. Barren:
I

This is official notification of your suspension in your position as a Correctional Health
Care Specialist 2 with the I:?epartment of Corrections (DOC). McNeil Island
Corrections Camer (MiCe) Range 59 Step K at $4,315 per month effective August
17, 1997 through August 24, 1997.
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, Title 356
WAC (MSR), Section 356-34-010 (1) (a) Neglect of duty, (h) Gross misconduct and
(i) Willful violation of published employing agency or Department of Personnel rules or
reg ulations, and 35 6-34-030--Suspenslon--Duration--?rocedure.
Specifically, you neglected your duty, committed gross misconduct and willfully
violated departmental policy when on March 14, 1997, by your own admission, you
were improperly masked when you accompanied Inmate C. DOC No. 973123, who
was possibly infected with an active case of Tuberculosis (TB), to the Washington
Corrections Center (WCe). You have a full beard, which does not allow the HEPA
mask to form a proper seal. This incident is described in detail in the Employee
Conduct Report (ECR) completed on June 10, 1997 (Attachment 1).
As an employee of this department, you have a duty to follow all departmental and
institutional procedures and to perform your duties safely. Also, as a Correctional
Health Care Specialist", you act as a role model for other staff to follow. When they
sea you blatantly disregarding established procedures, you re'F1eet the poorest of
examples.
You admitted being aware that you were violating policy. You knew that because
you wear a full beard, the HEPA mask cannot be fit tested on you. Despite this
knowledge, you dismissed the precautions as being a "farce." Even when a nurse
told you that you were not properly masked, you disregarded her warning and chose
to accompany the inmate. You knew what you did was wrong, but felt you were
above following the appropriate protocols.

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AUG-21-97 THU 12:29

WPEA ,." OLYMP IA

FAX NO.

360?r~7627

P,OS

Bruce Barrett
July 28, 1997
Page 2 of 4
On September 10, 1993, you signed an "~cknowledgment of Receipt of DOC
Employee Handbook" stating that you agreed to become familiar with and have a
thorough knowledge and understanding of its contents (Attachment 2). By your
actions, you failed to follow the Department Expectations outlined on Page 3 of that
handbook (Attachment 3), which states In pertinent part:
"DEPARTMENT EXPECTATIONS
As a representative of the Department of Corrections, you will be expected to:
"

•

Conduct yourself and perform your duties safely;"

By your signature on a memorandum entitled, "Responsibility for Operation
Instructions/Policies and Procedures" (Attachment 4), on March 1, 1993, you
acknowledged your responsibility to become familiar with and follow MiCe
Operational Instructions, Policies andlor Procedures.
You failed to comply with MiCe Field Instruction 890.610 - Employee Tuberculosis &
HEPA Respirator Program (Attachment 1, pages 12 - 23), which states in pertinent
part:
"4. Respiratory Protection - HEPA Respirator Program
g,
Facial Hair - Individuals assigned to wear HEPA respirators shall
follow manufacturer's recommendations regarding facial hair that
interferes with the seal of the HEPA respirator."
The manufacturer's recommendations (Attachment 5) state in pertinent part:
MQ:

Is there a different protocol to be followed when Fit Testing an
Employee who has facial hair?

A:

No; however, OSHA will not allow a person with facial hair to be fit
tested for a respirator if the facial hair interferes with obtaining a facial
fit."

On March 14, 1997, you· took it upon yourself to diagnose Inmate C. DOC No.

973123, whom you were accompanying with the transport Correctional Officers to
WCC 1 as not having active TB and wore the HEPA mask over your full beard durIng
the trip. In fact, you fit tested the correctional officers who made up the rest of the
transport team. It is inconceivable to me that you took the time to ensure other
staff were properly fit tested and then modeled opposite behavior. Additionally, RN
Nancy Armstrong confronted you, telling you that you could not be properly masked

AUG-21-97 THU 12:30

WPEA •." OLYMPIA

FAX NO.

36D?~?7S27

P.DS

Bruce Barrett
July 28, 1997
Page 3 of 4
with your full beard and should not accompany the inmate. You continued your poor
judgment" and disregarqed her warning as being an overreaction.
You are not a physician. It is not your responsibility to Independently diagnose a
patient and arbitrarily decide that the precautions that were put in place could be
Only a
disregarded based on your opinion. Yet, that is exactly what you did.
physician can make the determination that a patient does not have TB. That
confirmation did not occur until March 17, 1997. By flagrantly disregarding the
above cited procedures, you not only potentially put your own health at risk, but that
of your fellow staff members and the inmates you are charged to medically treat.
-. Your failure to perform your duties safely and per established policy also contributed
to a $2,000 fine befng levied against MICC by the Department of labor and
Industries.
By your actions, you neglected your duty as a health care professional and DOC
employee. By your own admission, you were familiar with the above cited policy but
willfully choose to violate it and accompany the inmate to WCC. As a Health Care
Specialist you have contact with inmates and staff throughout the institution, and
your unrepentant disregard for policy carries a higher degree of potential to adversely
impact MICe's ability to safely treat inmates and protect staff members and inmates
from unnecessary infections. Your actions are so egregious that they rise to the level
of gross misconduct.
As a health care professional with over 19 years of experience, I am disappointed in
your lack of judgment and egotistical attitude. You are not above policy. I expect
you to follow established policies and practice your profession safely. The policies
you arbitrarily Ignored are established for your and others' protection. Had your
"'diagnosis" been wrong, not only would you have possibly infected yourself with TB,
but you would have needlessly secondarily effected countless staff members and
inmates. You put yourself above medIcal protocol that Is designed to not only protect
you, but others as well. Your actions are inexcusable and this institution paid for
your arrogance with a $2,000 fine. The role you modeled was contradictory to the
actions you took ensuring accompanying staff were properly fit tested and protected
during the transport of the inmate. Sending a '00 as I say, not as I do' message is
completely unacceptable and below the standard of professional performance
required of any DOC employee. Based on your actions and your inability to see the
ramifications of your actions, I conclude that the sanction described In the first
paragraph of this letter is appropriate.
Attachment(s} one through five are attached hereto and by this reference, made a
part hereof as though fully set forth herein.

AUG-21-97 THU 12:31

WPEA ,tI, OLYMPIA

FAX NO.

360?~77627

P.07

Bruce Barrett
July 28, 1997
Page 4 of 4
Under the provisions of WAC 358-20-010 and 358-20-040, you have the right to
appeal this action OR to file a grievance per Article 10 of the Collective Bargaining
Agreement between the Department of Corrections and the Washington Public
Employees Association. If you file an appeal, it must be filed in writing at the Office
of the Personnel Appeals Board, 2828 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.
"

~

Belinda D. Stewart, Superintendent
McNeil Island Corrections Center

Attachment(s):

cc:

Tom Rolfs, Director, Division of Prisons
Jennie Adkins, Director, Division of Human Resources
Donna Grazzini, WWC Area Personnel Manager
Rose Mattison, MICC Personnel Officer
linda Dalton, Sr. Assistant Attorney General
Employee Personnel File

WPEA

AUG-21-91 THU 12:27

FAX NO.

,It, OLYMPIA

P.01

360?~77627

WPEA
The Washington Public Employees Association • 1-800-S44-WPEA
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