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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

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8

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10

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19

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21

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23

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2S

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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

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MAILBOXES ETC485

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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

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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•
• __

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.
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

 

 

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