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Caught in the act

State agency goes too far in banning tape recorders

Rocky Mountain News

Published January 5, 2009 at 12:43 a.m.

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A state employee - accountant Annmarie Maynard at the Department of Health Care Policy and Financing - secretly tapes a meeting in which employees discuss covering up $8 million owed to the federal government. Maynard hands the tape of the April 24 meeting over to 9News and subsequently is fired. She challenges the firing at the State Personnel Board and wins.

An open-and-shut case that affirms sweeping protections for whistle-blowers, right? Not so fast.

The HCPF is now taking heat for drawing up "revised standard operating procedures" that forbid secret taping of conversations and meetings. This raised concerns that future whistle-blowers would be discouraged from capturing the evidence to back up their allegations of wrongdoing.

In speaking with us Friday regarding the security policies and their fallout, Executive Director Joan Henneberry acknowledged that the timing of the policies, which she said were approved by the attorney general, was poor in light of the Maynard case. But she said that the Maynard case did not spur the revisions, even if the specifics of the case, in her view, actually reinforce the need for change.

"During the course of (the revisions), it came to our attention during the case that an employee had been taping not just that meeting; the employee had been taping and recording meetings, conversations, social interactions for many months without anyone's knowledge, including the other employees that had been taped," she said.

Henneberry added that in an office where clients discuss health and financial issues either over the phone or in person, this presented serious privacy issues.

We agree that the reasons for implementing the security policies, which also include less controversial directives on limiting access to eligibility databases and not leaving client information face-up on one's desk, are legitimate. Dealing with sensitive information requires some rules.

But it's important that, should wrongdoing arise again within the department, would-be whistle- blowers aren't scared off from doing the right thing. Which is why we worry that the new policies go too far.

Henneberry said that the security policies do allow for employees to gather evidence of wrongdoing via tape recorder - but only if it's part of an official investigation and not a freelance effort.

"The last part of the policy is, I think, pretty clear that if what you're doing is part of an investigation that justifies this, that's kind of a whole different thing," she said. " . . . If someone is part of a formal grievance, [or] investigation, [or] they're working with [the Department of Personnel and Administration] because of a problem that we haven't resolved for them, the policy allows them to do that."

Henneberry is correct that employees who suspect wrongdoing have many options, from telling their supervisors to going to the state Department of Personnel and Administration or even the attorney general. But we think that they should also have the option of taping meetings or conversations in which they have definite reason to believe that unethical or illegal conduct will be discussed - and shouldn't have to get the sign-off of an official investigation first.

After all, they may not get the same chance again to collect their evidence.

Few of us want to work in an environment where our conversations are being secretly taped. But if we're engaged in wrongdoing, all bets should be off.

Comments

  • January 5, 2009

    6:57 a.m.

    Suggest removal

    StillUndecided writes:

    The facts of this story, as presented here, tell me that it is time to start at the top of this agency and clean house. The culture within this agency is such that the employees are guaranteed retribution if they report wrongdoing. When illegal activity is disclosed, the leaders turn the tables and manufacture reasons to blame the person reporting the problem. And just how stupid does Joan Henneberry think we all are when she asks us to believe that the new policy is not related to this case?

    If Ms. Maynard had felt that she could trust the current process and her chain of command, she would have used the process to report her concerns. Joan Henneberry has built an organization that is apparently corrupt (the $8M cover-up) and has the employees justifiably fearful of losing their jobs. It is time for her to go. We do not need bullies running our state departments.

  • January 5, 2009

    7:13 a.m.

    Suggest removal

    Gonzopozo writes:

    So what ever happened to the "cover up" charges? Where those taped employees disciplined at all, or did the cover up get covered up as well?

    I agree with StillUndecided - the agency has lost it's ethical direction and a house cleaning is in order.

  • January 5, 2009

    8:29 a.m.

    Suggest removal

    GunnyBob writes:

    That's funny. The Rocky's editorial board forgot to mention that Henneberry is a friend of Ritter and was appointed by him. The board also forgot to mention that Ritter is supporting his friend in the attack on the Whistleblower Act and Maynard, and believes he and his cronies are above the law by doing so.

    Must have just been a simple oversight.

  • January 5, 2009

    9:51 a.m.

    Suggest removal

    HopiMedicineMan writes:

    The collective will always be opposite the individual conscience and especially when there’s no leadership. Without a Reality_Check following Ritter around, he’ll do what he wants. I’ve never seen a politician who could so deftly turn malfeasance of office into a positive. I propose the Ritter Time Accountability Act. Put a leash on Ritter.

  • January 5, 2009

    10:23 a.m.

    Suggest removal

    The_Punnisher writes:

    Break out your Wellies and Hip Boots...

    The BS is getting pretty deep in government at ALL levels....

  • January 5, 2009

    1:45 p.m.

    Suggest removal

    Marshdale writes:

    Gunny:

    Most of the time I can't stand your opinion, but I congratulate you on pointing out the facts here. As one who voted for Ritter I find the cronyism deplorable. It does not change my political philosophy, but it does put into question my affiliation with those who are supposed to espouse my philosophy.

    Thanks Gunny for providing valuable info.

  • January 5, 2009

    2:29 p.m.

    Suggest removal

    crockymountains writes:

    01/05/2009 Blog to Rocky Mountain News….

    Quoted from your paragraph:
    "Henneberry is correct that employees who suspect wrongdoing have many options, from telling their supervisors to going to the state Department of Personnel and Administration or even the attorney general" (WRONG, Once they decide you are a possible threat to their empire, you are targeted).

    This never works; it is the same in Colorado Department of Labor & Employment. You try to go to your supervisor & personnel, it gets you branded as a trouble maker and you get set up and lose your job. They treated me so bad that I was had to retire early because ofillness caused by stress; I didn't qualify for my full retirement.
    I keep getting laid off of other jobs. When the department asked retirees to come back to work temp. to file claims, I applied and never received a response.
    They should investigate from Mr Cullen on down as well as Colo. Dept. of Labor & Employment PERSONNEL….

  • January 5, 2009

    4:18 p.m.

    Suggest removal

    BetterEducated writes:

    I believe you, Crocky, every word you wrote and then some.
    Colorado has gone corrupt and the press doesn't bother reporting who is earning what, so the public is unaware. Only people who have actually worked for the government have any idea just what goes on there: the nepotism, the mismanagement, the unfair practices that injure people on the bottom and reward those at the top.
    I'd love to see someone interview you, for instance, but you're probably last on the list. We are too busy trying to make this place seem wonderful, to face how crappy it has become.

  • January 5, 2009

    4:29 p.m.

    Suggest removal

    GunnyBob writes:

    You are too kind, Marsh.

  • January 5, 2009

    4:42 p.m.

    Suggest removal

    The_Punnisher writes:

    The fox is not only guarding the henhouse, he doesn't let the farmer holding the shotgun get in....

  • January 5, 2009

    6:12 p.m.

    Suggest removal

    HopiMedicineMan writes:

    Would we know anything about this without this newspaper?

    Did the Post cover it?

  • January 5, 2009

    7:49 p.m.

    Suggest removal

    The_Punnisher writes:

    Unfortunately, this is 2009..1984 just came twenty five years later...( relevance: the same author )

    http://en.wikipedia.org/wiki/Animal_Farm

    http://en.wikipedia.org/wiki/Nineteen...

    We are becoming Animal Farm ( Russia ) at breakneck speed...

    Meanwhile the remains of the USSR are becoming WESTERNIZED at the same rate....And BOTH societies are adopting the worst traits each other side had...

    Check the facts and compare...