Written allegations submitted by a former employee against its director prompted the governing board for the North Oakland Transportation Authority to hire an attorney last week.
Following a special closed session meeting Nov. 29, the NOTA board voted to hire attorney Rich Strenger ‘to handle a personnel matter? for $120 per hour, not to exceed $3,000.
If that name seems familiar, it’s because Strenger played for the Detroit Lions from 1983-87. He now has a law practice in downtown Lake Orion.
Strenger was hired as a result of the board’s closed session discussion of a July 24 unsigned letter bearing former NOTA Operations Manager Danny Poole’s name. He resigned July 27.
Ranging from verbal/physical abuse of staff and inappropriate use of NOTA resources to wasteful spending and policy violations, the letter details numerous accusations and allegations against NOTA Director Pat Fitchena, who also serves as an elected Oxford Twp. trustee.
‘Poor decision-making and inappropriate actions have become commonplace? since Fitchena took over as director in 2004, according to Poole’s letter. ‘This director is incapable of performing any of the routine duties required in the daily operations of this program.?
‘I think it’s a sham,? Fitchena told this reporter in a phone interview. ‘As far as I’m concerned they’re allegations that are unfounded. These have not been proven.?
‘I just think this is ridiculous,? she noted. ‘It’s beyond the pale.?
Poole and about eight other NOTA employees met with the twp. supervisors of Oxford, Addison and Orion over the summer to present the letter in person and discuss the allegations.
‘Out of 22 employees, six or eight showed to this meeting,? Fitchena said. ‘What happened to other people? How come they didn’t come??
Because the letter was unsigned, Fitchena accused Poole of not being the author. ‘I know damn well he didn’t write that letter,? she said. ‘When you write a letter, you sign it.?
Strenger noted it’s NOTA’s position that Poole’s allegations are ‘merit-less because (the letter’s) not signed? and the ‘proper procedures for (filing) employee complaints? were ‘not followed? because the matter was brought to the township supervisors, not to NOTA.
Poole’s letter was turned over to NOTA Chairman John Sutphin for investigation by Oxford Twp. Supervisor Bill Dunn, who also serves on the NOTA board.
At the Nov. 15 NOTA meeting, Sutphin said an ad-hoc subcommittee, which apparently was not officially formed by NOTA during an open meeting, had previously ‘investigated the allegations and after looking into everything, at the records and some other things, we decided it was not worth going any farther.?
After talking with some of the people involved with certain accusations, Sutphin said the subcommittee ‘found they (the allegations) weren’t valid.?
Sutphin claimed he reported the results of the investigation at the September NOTA meeting, but they were not included when the minutes were approved in October. He called it an ‘omission? and NOTA will consider adding his statements to the September minutes at the December meeting.
Sutphin told this reporter the only reason NOTA hired an attorney to look into this matter and advise the board how to proceed is because of pressure from Oxford Twp. Trustee Sue Bellairs, who serves as an alternate on the NOTA board.
‘We’re trying to put a stop to the allegations that are coming from the other board members now,? Sutphin said. ‘We’re being picked apart because she’s got an axe to grind.?
‘Sue Bellairs, I don’t think she believes anything we say now ? or doesn’t want to,? he said. ‘I don’t know what her reasons are.?
Sutphin said the board thought it would be a good idea to hire an independent attorney ‘to try and give some kind of an answer to (Bellairs) that she can accept.?
‘I’m getting heat now from Dunn because she’s putting pressure on him,? he said.
Sutphin said Strenger’s going to tell NOTA ‘how to approach this (in a way) that’s going to satisfy the critics.?
‘We’re trying to put a legal opinion on it now,? he explained. ‘We’re not trying to cover anything up.?
Bellairs made it clear she would like to see NOTA ‘deal with (Poole’s allegations) properly? by having an investigation conducted by ‘an unbiased, third-party that’s not familiar with any of the people involved.?
‘These were legitimate concerns by somebody,? she said at the Nov. 28 twp. board meeting. ‘A long time ago we had this happen. People put in complaints about another entity (the Oxford Emergency Safety Authority) and we just didn’t want to micro-manage, we didn’t want to do anything, and look what happened.?
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The allegations
In the letter, Poole alleged Fitchena personally abused NOTA staff through ‘bullying, threatening job security, belittling and degrading . . .verbal abuse and name-calling to as far as being physically struck.?
Fitchena said there’s never any abuse on her part. Everything was always done in a jovial, friendly manner between her and the employees.
‘I tapped a girl on the head with two pieces of paper,? she said. ‘Is that abuse? We were laughing and joking.?
In a separate letter of resignation, Poole had accused Fitchena of giving him ‘two full-fisted hard kidney shots? as he was watching a buck outside the window.
‘I had papers in both of my hands and he was looking out the window, talking about killing this deer out there and serving it on his table,? Fitchena explained. ‘I kind of hit him in the back with my hands full of papers.?
‘This guy is 380 pounds, 6-foot, 4-inches,? she noted. ‘I did not (drive) him to the floor. I didn’t kill him. He never missed one hour of work.?
As far as the allegation of ‘threatening job security,? Fitchena said when employees constantly complained or threatened to quit, she told them, ‘Go ahead. There’s other people looking for work. If you’re so unhappy, then go somewhere else.?
Poole alleged NOTA official policies and procedures such as making sure riders meet eligibility requirements are not being followed while NOTA resources (including kitchen, vehicles and staff) are being used for Fitchena’s catering business and other personal activities such as ‘moving of relatives? and transporting ‘large personal purchases.?
Contrary to Poole’s claims, NOTA riders are still being interviewed and checked to make sure they’re eligible for the service.
Fitchena said it’s ‘absolutely untrue? that she ever used any NOTA resources to help with one of her private catering jobs. ‘I have a truck. I have a jeep. I don’t need their vehicles,? she said.
The only time she’s used NOTA resources has been to cater ‘numerous? NOTA functions. ‘I have catered I can’t tell you how many NOTA events,? she said.
As far as using NOTA vehicles to move personal items, Fitchena provided this explanation ? ‘One time, and I admitted that to the board, I moved my daughter’s 50-inch TV in the NOTA van, but I was there (at Sam’s Club) buying stuff for the catering for NOTA. I put that TV in the van and took it to my house. I admitted that.?
The safety of riders and staff are being put at risk, in Poole’s opinion, because ‘mandated procedures? such as employee alcohol and drug testing are not being done while vehicle safety inspections and repairs are not being ‘performed in a timely manner.?
‘We have had our inspections on all our vehicles,? Fitchena said. ‘Everything is up to snuff here.?
Substance testing employees has ‘never? been performed at NOTA, according to Fitchena. ‘None of the directors have ever done alcohol and drug testing,? she said. ‘It should be required, but it’s not.?
According to Poole, Fitchena simply isn’t doing her job. ‘The majority of work that appears to come from the director’s office is either completed by the CPA, dispatch office or operations office,? Poole wrote. ‘Someone who arrives at 10:30 (a.m.), leaves at noon and returns at 3 (p.m.) and has family and friends visiting routinely cannot possibly conduct much NOTA business.?
‘I don’t have regular hours, but I guarantee you I put more than 40 hours a week in this place,? Fitchena said. ‘I am at meetings at SEMCOG at 9 o’clock in the morning in downtown Detroit using my own vehicle. I’m at OPC (the Older Persons Commission in Rochester). I go to Beaumont Hospital. I’m at meetings all over the place.?
Poole also blamed Fitchena for a whole list of what he called ‘squandered funds? such as:
n ‘Inability of this director to perform basic accounting skills has resulted in errors in payroll and repeatedly duplicating payments to various vendors.?
Fitchena’s response ? ‘That is untrue. You can come and look at the books.?
n ‘Inaction upon a motor vehicle violation in a timely manner resulted in a court date at which NOTA was fined.?
Fitchena’s response ? ‘That was turned over to SMART because it was with a SMART vehicle . . . It was (SMART’s) delay that caused the fine and they paid for that.?
n ‘The failed tri-community Senior Center was spearheaded by the current director and a volunteer committee in which NOTA facilities and funds were utilized (deja vu ? efforts are again being focused on this plan).?
Fitchena’s response ? ‘Not one dime of NOTA’s money was used for that senior center (campaign) . . . It was spearheaded by (someone else) . . . Yes, they did have some meetings here (at NOTA’s offices), but that was cleared through Crossroads (for Youth) because they own the building. We’re only tenants here.?
n ‘The unqualified purchase of the PC Trans routing system software for thousands of dollars approximately a year ago, which is not formatted for our program and not in use.?
Fitchena’s response ? ‘We use it right now. It’s on-line now and used every day.?
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Witch-hunt?
Fitchena claimed all these allegations are the product of a disgruntled former employee and political enemies out to get her.
‘I don’t understand where this guy is coming from,? she said, referring to Poole. ‘He’s been angry ever since I came on board . . . I wish to God I could bring this man’s personnel file out into the public.?
Fitchena said Poole was angry over the cutting of overtime and other changes she made when she took over as NOTA director in 2004. When Poole resigned from his position, Fitchena said he ‘never told me he was leaving ? nothing.?
‘He walked off his job,? she said. ‘He abandoned his job.?
As far as Poole’s allegations, she said, ‘I’m willing to take a lie detector test as long as he does.?
In the end, Fitchena believes this whole thing boils down to politics and is being pushed by her critics, Bellairs and Oxford Township resident Helen Barwig. ‘I honestly believe they’re on a witch-hunt and have been ever since I took this job,? she said.
She noted how an Orion resident read Poole’s letter into the record at an Orion Township Board meeting last month.
‘I was never allowed to read the allegations until it came out in the public,? Fitchena said. ‘Here I’m prosecuted before I’m even tried.?
‘It’s nice politicking for next year,? she noted.