Friday, July 11, 2008

Blog About Siegelman, Lose Your Job

Getting elected and running for office as a Democrat in Alabama cost former Governor Don Siegelman his freedom. Writing about the Siegelman story has cost me my job.

The Raw Story Web site, in a major investigative piece by reporter Lindsay Beyerstein, breaks news today about my recent termination at the University of Alabama at Birmingham (UAB).

I had worked at UAB for 19 years, the last 12 as an editor in the Publications Office, before being fired on May 19. At the time of my termination, I did not have so much as an oral warning in my personnel file about the issues UAB claims led to my firing.

In fact, before my Supervisor, Pam Powell, initiated an age- and gender-based harassment campaign against me in December 2007, I didn't have an oral warning about anything in my file. Only when I began to defend myself against this harassment did UAB initiate an "investigation" of my computer use at work. And when I defended myself against false charges of policy violations, I got a written warning, followed by forced administrative leave, and termination.

All of this is in clear violation of university policy and federal law. As Columbia University law professor Scott Horton states in the Raw Story piece, UAB's actions raise clear First Amendment issues.

As someone with 30 years of journalism experience, I'm not used to commenting on a story that involves me as a central figure. But let me give it a shot, with some thoughts just a few hours after the story has broken. I will be adding considerable new information and analysis in the days and weeks ahead.

* The evidence is overwhelming that my termination was a "political hit." Specifically, clear evidence shows that I was fired simply because I write a blog that has to do with Don Siegelman. I feel certain that my original reporting on the Paul Minor case in Mississippi--and my own experiences with corrupt judges in Alabama--made certain folks in our state's Republican power structure unhappy. But I have irrefutable evidence that simply blogging about the Siegelman case was the driving factor behind my firing.

* Some might ask, "Schnauzer, sounds like you were blogging on UAB equipment and time. Isn't that why you were fired?" Nope. At a grievance hearing on my firing, the IT rep who conducted UAB's "investigation" stated that I had not written the first word on my blog using UAB resources. The university claims that I was "researching" my blog on UAB equipment. But part of my job description is to keep up with current events and issues that could become story ideas for university publications. The Siegelman case was the biggest story in Alabama for a two-year period, and Siegelman's codefendant (Richard Scrushy) is without question UAB's most famous alumnus. If I had ignored the Siegelman story, I would have been neglecting my duty. But in Karl Rove's Alabama, you can get fired at a public university for doing your job. I know because it happened to me.

* A word about my supervisor, Pam Powell: I've known Pam for almost the entire 19 years I've been at UAB. In my first seven years at the university, she sought me out to write for her publications, which I did (without compensation, I might add). In 1996, she hired me as an editor in her office. When I joined the group, we had four people (counting Pam) and five or six publications. When I was fired, we had 12 full-time people and about 20 publications. Doesn't sound like my performance was hurting the department does it? I'm 51 years old, and Pam has a clear pattern of preferring younger people in the positions that work closest with her. I've come to accept that and never thought it would have a major impact on my job status. But the fact is this: Pam has not been easy on folks who are in or near their 50s. During my time in the group, we've had three people who fit that description. Two of us were fired, and one almost had to be hospitalized when her blood pressure spiked due to job-related stress. In spite of that, I would describe my relationship with Pam as good--at least until her behavior took a turn toward the bizarre in December 2007. While I have serious concerns about my supervisor's behavior in this saga, evidence strongly suggests that her actions were not necessarily all of her own doing. In fact, evidence indicates that my termination was driven by political forces external to UAB. I have a real good idea about the path those forces followed, and who was driving them. Much more information will be coming about that.

* Obviously, this story matters to me. But why should it matter to other people? Two reasons come quickly to mind: (1) To my knowledge, this is the first story that shows how people connected to the corrupt Bush Justice Department do not target only public officials and major Democratic donors. They also go after regular people; (2) You don't have to live in Alabama to be impacted by this story. UAB is one of the leading biomedical research institutions in the country. The university receives more than $400 million a year in federal research funds. In the South, only the University of North Carolina and Duke University rank higher than UAB in receipt of federal research dollars. Those dollars flow into Birmingham, but they come from Americans in all 50 states. My understanding is that part of every research grant is a requirement that the institution will abide by federal law, that it will conduct business in a lawful and nondiscriminatory way. My termination shows that UAB has failed to live up to that commitment, and that should be of concern to all taxpayers--and to members of Congress (particularly the House Appropriations Committee) who oversee federal grants programs.

* One final thought for now: Obviously I'm not a disinterested, neutral party in this situation. But I have a bachelor's degree in journalism, and I've worked in the field for 30 years. I like to think I know a good story when I see one. I definitely know a challenging story when I see one. Lindsay Beyerstein and the Raw Story crew were presented with a challenging story here. As the story makes clear, people associated with UAB and the Justice Department did their best to stonewall. But I can attest to the fact that the Raw Story folks take their work seriously. I was terminated on May 19, and Beyerstein had been working on the story for quite some time at that point. In fact, Raw Story's initial query to me came in response to the unlawful auction of my house by Republican officials in Shelby County, Alabama. By the time my employment issues came up, Beyerstein already had the scent of an important story. (While I'm making canine allusions, let me add one more: Beyerstein and her Raw Story colleagues went after this story with the doggedness of a schnauzer. I can think of no higher compliment I can pay a journalist.) In the end, it was fascinating to watch a story unfold from the "other side," as a source. And it was interesting to watch another reporter, and her editors, "work" a story. And I do mean work. Beyerstein fired numerous informed, probing, and challenging questions in my direction. She checked and doubled checked facts. She took suggestions from editors, sent more questions my way, and incorporated that material into her story. At one point, I remember thinking to myself, "Gosh, no wonder people at UAB and the U.S. attorney's office are stonewalling her. If I were in their shoes, I'd probably stonewall, too." Of course, that's what good reporters do. They hold the powerful accountable. And they make the shifty uncomfortable. I know from firsthand knowledge, that Beyerstein and Raw Story have made a few people at UAB uncomfortable. And I say, Bravo! As Beyerstein's piece shows, a number of folks associated with UAB should be uncomfortable.

I've learned a lot in the past two months or so. But maybe my most important lesson was this: A reporter doesn't have to be from The New York Times, ABC News, or Time to produce world-class journalism. And a news organization doesn't have to have years of tradition behind it to produce journalism that makes a difference. From the outset, the story of the politicized Bush Justice Department has been driven by the "alternative" press. My understanding is that TPM Muckraker essentially broke the story about the firings of nine U.S. attorneys. And it's impossible to overstate the importance of work by folks like Scott Horton at Harper', Larisa Alexandrovna at Raw Story, Glynn Wilson at Locust Fork News, and Adam Lynch at Jackson Free Press. They have driven this story of profound corruption into the nation's consciousness.

Now Lindsay Beyerstein has added a new chapter, showing that governmental evil can reach down and engulf a regular guy (and his wife and two kitty kats) who happens to write a blog about a certain subject--with his own time and resources. In Karl Rove's Alabama, you can (to quote Bill Clinton) "work hard and play by the rules" and still wind up suffering mightily.

I strongly suspect that I'm not the only regular guy around the country who has been cheated under the Bush regime. Don Siegelman has repeatedly said that the story of his political prosecution is not just about him. I know today, more than ever, what the former governor means. Raw Story focused on me, but the story really is about all Americans--all of us who pay taxes to support a system of justice, but instead have been given a system that promotes injustice.

My prayer is that Beyerstein's story will help move us toward a day when quaint concepts like "due process" and "rule of law" truly apply to all.


Anonymous said...

I'm praying with you Schnauzer. Now and always.

God doesn't like ugly.

As ye sow so shall you reap.

Vengence it mine sayth the Lord.

Blessed are the pure in heart.

May God bless you and keep you.

Anonymous said...

Well you have Raw Story and it's many readers behind you now (I sent her an e-mail and posted her e-mail on Raw Story comments). They are only going to stop this type of BS, when they come to the conclusion that we as a group are not going to take it anymore. Don't let your lawyer shut you up either, choose a lawyer that knows this is bigger than just you and must be played out in public.

david j. porter said...

What happened at the meeting with the Chief HR person on the 11th?

Anonymous said...

You are just one more inconsequential fatality in the cog of the machine the corrupt crony bullies have built.

They know people like yourself are easily disposed of. It's become like whack a mole anymore. How many of them can we whack before they breed more of the same.

Take a look. 40% plus support McCain. The gravity of Katrina never was burned into the public's conscience. It was at that point we still had a chance to bring justice to the fore.

Now we wait for the complete takeover. It no longer remaisn to be seen if people will wake. The propaganda machine has taken over. Revolution in the streets would be our only resolution. The chance of that happening is nill.

Tuck in your wings. Find another job (of sorts.) Forget it. Join a co-op. Find like minds and build outside the box. The system cannot be repaired. We must go parallel.

Good luck.

legalschnauzer said...

Good question about the meeting yesterday (7/11).

The HR director, Cheryl Locke, repeated what she had said in our previous meeting: That the grievance committee had found that my termination was wrongful and should be overturned, but I could only return with two written warnings on my record and to a job other than the one I had before. In other words, they admit they wrongfully terminated me, but they want to punish me anyway.

I said I could not accept the two written warnings for several reasons: (1) Evidence in the grievance hearing showed they were wholly unmerited (which I knew already); (2) Under UAB policy, if you get three written warnings in an 18-month period, you are automatically fired.

With two written warnings, and a new supervisor, I could be fired all over again for anything--wearing the wrong color of socks someday, probably.

This clearly is not a good-faith offer, and I told them that. They are admitting they botched this situation from word go, but I'm sure they would want me to sign away my legal rights under the current situation. Then, if I came back with two written warnings, I probably would be fired again in 2-3 months time.

To me, that's clear proof that Republican hit men (and women) are behind this.

Also, I told them I would not return except to my old job. One of the fundamental concepts of justice is (at a bare minimum) to return the wronged party to the state they were in before the wrong occurred. UAB has made no attempt at doing that. I think they want to move me somewhere else because at least some of my coworkers know I was cheated out of my job by forces external to the university, and the administration doesn't wanting that little news to slip out.

I told Locke not to worry about that: I already know I was cheated by forces external to the university.

She indicated that she would send me notice in writing in a few days that she was upholding my termination.

Anonymous said...

UAB has really stepped in it. Chances are they'll settle.

I'm ready for the next installment!

Anonymous said...

Let this be a lesson to each of us. If we want to be allowed to play the game we must wear red socks.

Don't kid yourself. They have played the game to win. By a tally of all the results, they have won.

Do you remember the vote this week on the fourth, amendment that is? Again let this be a lesson to each of us. They buy the paper on which the results are recorded. Then their cowardly comrades make darn sure your papers are in order.

See, you continue to think your telephone conversations and blogging dialogue is free, other than the fact that you pay them to use their tubes.

Cmon, folks, you're all smarter than that aren't you?

Avoidance of the issue, the 9000 lb elephant in the room, justmakes their game much easier for them to play.

BTW, I'd post with a name instead of anonymous but I simply don't have a notion to remember the secret code for entry. I'd be happy to post my email address for anyone who was serious about conversing as to the depths of the situation we find ourselves in.

Anonymous said...

These corrupt SOBs are doing everything they can to get a complete chokehold on all branches of government, which means that they would literally become unstoppable by any opposition short of a rebellion.

Keep in mind that you only have the "legal rights" that a court is willing to uphold. If the judges on the courts that have jurisdiction over your wrongful termination claim are as corrupt as the Alabama US Attorneys, how can you win the lawsuit?

Do you have any feel for whether the judiciary is also in the Republicans' pocket?

Anonymous said...

You shall prevail,regards.

Anonymous said...

good luck, legal schnauzer.

you did the right thing, refusing to return to UAB under the conditions they set.

i'm hoping that in another year or two or five you will look back on this episode and realize that it was the beginning of a new and better chapter in your life.

life has a funny way sometimes of making you think you've been dealt a shitty hand but when you take those cards to a different table running a different game, it turns out to be not half so bad as you thought.

karen marie (google registering aversive)

Robby Scott Hill said...

I sympathize with you Roger. They are on the Council's list of people that will be dealt with after the Revolution.

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Anonymous said...

I hope you have retained legal counsel and will pursue action against UAB. The facts appear to be clearly on your side. As an employee of a major midwestern university (say hello to Mike Davis for me, I used to sit next to him sometimes during all staff meetings), with management responsibility, I can almost guarantee that university policy, as well as federal wage and salary law, have been grossly violated by your firing.

In a nutshell: sue the hell out of them.

During my days at Birmingham-Southern 1965-1969, my wife and I were good friends with Pam Powell, and her husband at the time, David, who were also students at BSC at the time. They frequently babysat our young son, who was born the first year I was in college.

It is truly sad for me to read that Pam is cast in the role described in this case. Certainly does not sound like the person I knew those many years ago. I can only hope that the actions were done at the behest of her administrative masters, and their Alabama Republican political masters, not originated by her.

We left Alabama in 1969. Although we have returned annually to visit friends and family, I have to admit when asked if we plan to return to Alabama when we retire in a couple of years, the answer is an unhesitating 'NO'.

To be honest, I hardly speak with my brothers anymore. They have drunk so long and so deeply from the Rovian Bush Republican koolaid that talking reason and rule of law with them is pretty much equivalent to spitting in the wind after mulling for a while a wad of snuff like my grandfather used to do.

One of them tried to explain to me that the Republican woman who was publicly admitting Rove's involvement in the Siegelman affair could not even be found on the record as a Republican employee or office holders. They just make stuff up or rewrite history at will. It is very difficult to have a rational conversation with anyone with such a mindset.

Anonymous said...

Hartman tomorrow? ;)

Anonymous said...

haha Bush Regime.. well not for long!

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Unknown said...

I believe that i am also be a victum of a wrongful termination threats from UAB.
My case is probably based on my disability, and political interest of those that are candidates for upward mobility. Stay tuned, the story is just beginning.

Patrick Smith said...

So many lesson to learned from your story, if you are public figure and running for office, expect many cases against you. Expressing yourself specially writing on blog can use it as an evidence. Your situation is crucial than ordinary citizen of the United states. Fight for your rights until you find justice.