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Investigation Regarding Department of Agriculture Petition Filed by Anonymous and Adam Edelen, Auditor

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Investigation Regarding Department of Agriculture Petition Filed by Anonymous and Adam Edelen, Auditor COMMONWEALTH OF KENTUCKY PERSONNEL BOARD INVESTIGATION NO. 12-03 INVESTIGATION REGARDING DEPARTMENT OF AGRICULTURE PETITION FILED BY ANONYMOUS AND ADAM EDELEN, AUDITOR REPORT AND RECOMMENDATION ** ** ** ** ** BACKGROUND This matter was initiated when the Personnel Board received a request for investigation on July 1, 2011. This request came in the form of an e-mail from a Kentucky Department of Agriculture (KDA) employee who asked to remain anonymous. The allegation was that KDA had hired Jennifer Ledford into a non-merit position. After a few months working in the Commissioner’s office she was sent to the Office of Consumer and Environmental Protection where it was alleged she started training with Dan Flaherty, an Internal Policy Analyst (IPA), who was getting ready to retire. It was alleged that Ms. Ledford was trained for this position and was chosen for the position of IPA II. It was alleged that qualified long-term employees did not interview because they knew it would be a waste of time. It was alleged that people from Clay County, and buddies of Commissioner Richie Farmer, were given favorable treatment with respect to merit jobs with KDA. The anonymous complaint also contained allegations of political activity on work time and purchase of a refrigerator for the Commissioner. A copy of the e-mail is attached to this Report and Recommendation as Attachment A. A notice was sent to KDA and to the e-mail address from which the anonymous complaint was sent that this matter would be considered by the Personnel Board at its August 2011 meeting. This matter was considered by the Personnel Board at its August 2011 meeting. Appearing for the KDA were Danita Fentress-Laird, the Personnel Director, and the Hon. Clint Quarles, Staff Attorney. There was a discussion regarding the posting of this position as competitive and the fact that there were three people on the interview panel. It was also discussed that there was an appeal from an KDA employee concerning this issue. The Board moved to take no action on issues outside the Board’s jurisdiction, including the purchase of the refrigerator and political activities. The Board moved to defer the request to investigate the selection process for the IPA position pending the completion of the appeal process. [Minutes of the August 12, 2011 Personnel Board meeting, pp. 4-5.] The appeal concerning this appointment was Rebecca L. Wheat vs. Department of Agriculture, Appeal No. 2011-152. Wheat filed her appeal on July 14, 2011, stating that she was a merit employee with KDA for over five years. She applied for the IPA position in question. When asked about the status of the position, she was told they forgot to interview her due to the number of applications. She was also told by Danita Fentress-Laird that there was a strong internal candidate for the position. She learned these matters while interviewing for another position, AG Coordinator, which she also did not receive. Following a pre-hearing conference conducted on September 12, 2011, the parties agreed to proceed to mediation. The parties reached a settlement agreement through mediation on September 22, 2011, agreeing to settle Ms. Wheat’s appeal in exchange for KDA submitting a written request to the Personnel Cabinet to conduct a desk audit of Ms. Wheat’s AG Inspector I position. KDA agreed to abide by the desk audit findings and recommendation of the Personnel Cabinet. This settlement agreement was approved by the Personnel Board on October 11, 2011. The investigation request was returned to the Personnel Board agenda for its November 2011 meeting. Appearing for KDA were Danita Fentress-Laird and the Hon. Nicole Liberto, Assistant General Counsel. After hearing additional details about the selection process, the Board deferred the matter to the December meeting. [Minutes of the November 14, 2011 Personnel Board meeting, pp. 4-5.] Page 2 of 219 The matter was discussed briefly at the December 2011 meeting, however, most of the discussion at that meeting concerned Investigation No. 11-02, the investigation of KDAs hiring of two Assistant Directors. Both investigations were deferred to the next meeting of the Personnel Board. [Minutes of the December 9, 2011 Personnel Board meeting, p. 6.] At the January 2012 Personnel Board meeting, the Board considered and approved the Report and Recommendation regarding Investigation No. 11-02. During that discussion, the Board heard from the Hon. Holly VonLuehrte, General Counsel with KDA. She read a letter into the record from newly elected Commissioner James Comer. She also discussed the fact that Commissioner Comer was working with Auditor Adam Edelen to have KDA operations and expenditures audited to resolve any issues, including personnel issues. Following a discussion of the anonymous request this matter was deferred to the next meeting of the Personnel Board with letters sent to Commissioner Comer and Auditor Edelen informing them of the anonymous request for investigation to determine if either of them wished to pursue this matter further. [Minutes of the January 13, 2012 Personnel Board meeting, pp. 3-6.] There was a brief discussion of this matter at the February 2012 Personnel Board meeting. The Board had received communication from the Auditor’s office that if the hiring of Jennifer Ledford were included in their examination, the Board would be notified. No other action was taken by the Personnel Board with respect to the investigation request at the February meeting. [Minutes of the February 17, 2012 Personnel Board meeting, p. 5.] The Auditor issued his report on the examination on April 30, 2012. The appointment of Jennifer Ledford to the IPA position was not directly addressed in the Auditor’s Report. The Auditor’s Report did contain a referral of seven findings to the Personnel Board. The Board reviewed and discussed the report at its May 2012 meeting and moved to defer the matter to the following meeting in order to conduct further review. [Minutes of the May 14, 2012 Personnel Board meeting, pp. 5-6.] Page 3 of 219 At the June 2012 Personnel Board meeting this matter was tabled until July waiting for a response from KDA. The Board requested the name and employment status of the employee referred to in the audit. [Minutes of the June 18, 2012 Personnel Board meeting, p. 7.] At the July 2012 Board meeting, after receiving a response from KDA, the Board consolidated the Anonymous Request for Investigation with the referral of personnel matters in the Auditor’s Report on KDA and moved to investigate both matters together. [Minutes of the July 13, 2012 Personnel Board meeting, p. 6.] The investigation was also discussed at the February 2013 meeting. The Board stated they would like a summary of any additional issues of retaliation or political discrimination in the report. [Minutes of the February 15, 2013 Personnel Board meeting, p. 4.] The Auditor referred seven findings to the Personnel Board: Finding 20: “KDA appears to have pre-selected candidates for merit employment.” The selections in question are as follows: A. Assistant Director, Division of Food Distribution – Roger Estill B. Agricultural Inspector I, Division of Regulation and Inspection – Chris Parsons C. Stores Worker II, Division of Food Distribution – Patricia Apperson D. Agricultural Inspector I, Amusement Safety Inspector Supervisor – Doug Begley E. Agricultural Inspector I – Knox and Rockcastle Counties – Randy Craft and Dave Lear F. Assistant Directors – Danita Fentress-Laird and Kathy Harp Willis [Already investigated in Investigation No. 11-02, no further findings and recommendations will be made regarding these actions.] Page 4 of 219 Finding 21: “The former KDA administration issued monetary awards, and at least one reclassification, without a recommendation from employees‟ supervisors.” A. Eleven (11) ACE awards: 1. Lonnie Dale Anderson 2. De’Anna Clark 3. Tammy Cobb 4. Brian Todd Garland 5. Tina Garland 6. Larry Garriott 7. Ricky Jacobs 8. Nicole Liberto 9. Alisha Morris 10. Kevin Peach 11. Clint Quarles B. Reclassification from AG Inspector I to AG Inspector II – Webster Fannin Finding 22: “A merit employee‟s job responsibilities were eliminated, but the action is not documented in his personnel file.” Lanny Arnold, Assistant Director, Division of Regulation and Inspection. Finding 23: “KDA interview file documentation for hiring employees was incomplete.” Page 5 of 219 Finding 24: “The timesheets of four KDA non-merit employees were signed by the former Personnel Director and not by a supervisor with direct oversight of the employees‟ work.” A. Mark Jackson B. Derek Collins C. Bill Ed Mobley D. Chad Miller Finding 25: “No entry level class exists for KDA amusement park inspectors.” Finding 26: “A former Director was the sole employee in the „Division of Outreach and Development,‟ which was not a legally recognized unit of KDA.” Bruce Harper The investigation in this matter consisted of thirty-four interviews and review of additional interviews conducted by the Auditor of Public Accounts. In addition, the investigator reviewed personnel files, interview documentation, registers, applications for employment, e- mails, personal notes, and calendars. Many documents were requested directly from KDA and some documents were requested from the Personnel Cabinet. In addition, a number of witnesses brought documents with them to their interviews or followed up with documentation after their interviews. Information received from the Executive Branch Ethics Commission was also reviewed. Page 6 of 219 INTERVIEWS 1. Danita Fentress-Laird Interview Date: 2/5/13 Subjects: Jennifer Ledford, ACE Awards Ms. Fentress-Laird is currently employed for a facilities management company, in Louisville, Kentucky. She was employed with the Kentucky Department of Agriculture (KDA) from February 16, 2005, through January 3, 2012. She served as the Director of the Division of Personnel and Budget for approximately six months.
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