*Editor's note: This text has been scanned directly from the complaint and has not been edited.*
To:
The Graham County Board of Commissioners
From: Steve Odom
Ref: Whistle Blower Complaint
Date: January 07, 2022
To the Board,
For several days I have been struggling with a tough decision as to whether or not I should file this Whistle Blower Complaint. One part of me wants to take the information I have gathered since director Boyle took over Graham County EMS straight to the press, state and federal regulators and more importantly to the taxpayers who are suffering the greatest loss. Another part of me says I should give your Board one last chance to send this guy packing. Personally, the way I was treated and the way I've seen others treated and the fleecing this County is currently undergoing under his management, I will not be satisfied with nothing less than his immediate dismissal.
As most of you know by now, I resigned from Graham County Emergency Medical Services (EMS) on December 22, 2021. This resignation was hard for me, as I loved my job more than you will ever know. I love the people of this county, many of whom I had the high honor of serving while working on EMS. However, as you very well know things changed at EMS. The organizational changes were needed, but what came with director Phillip Boyle has been nothing short of a disaster. The things I have witnessed and have firsthand knowledge of are nothing short of appalling and will make the average taxpayer furious.
Some of you might say I am a disgruntled former employee; nothing could be farther from the truth. Am I angry, yes, I am! Not that I resigned my job, but because our wonderful and beloved EMS Service is being destroyed, thousands of dollars are being wasted and County employees are being treated like dirt.
Even though each of you have been told, all but one of you are guilty of allowing this to happen.
Commissioner Keith Eller is the only one with enough guts to stand against this idiocy and that's the truth! He has not been able to garner any support from any of you to end director Boyles employment. Not one of you.
I'll be honest with you, and I have prayed about this decision and asked the Lord to show me the right thing to do. Make no mistake about it, I want the truth to come out and I really don't feel like I owe any of you anything at this point, because most of you have done absolutely nothing to stop this madness and you failed to protect your employees, myself included. But after praying, I decided that just as the Lord has shown me grace more than once in my life, will extend the same to you, one time.
I am giving this Board until Wednesday January 12, 2022, at 5:00 PM, to call a special meeting, take back your power as a Board and take action. If you fail to take action, the following information will be released to multiple media outlets, as well as to multiple and relevant State and Federal Agencies. (See below) Own this and then deal with it.
If you take care of this problem, then I will hold this and not release it and I will consider the matter closed
I believe this Board has given away too much of its power over the years, delegated it to appointed officials like the County Manager, who has himself condoned and promoted everything this director has done. After what I have seen, I have no use for him anymore either, he has proven himself to be part of the problem. Each of you are responsible for what happens in Graham County Government, the Buck Stops with the Board of Commissioners period. My job is gone, I know I will never work for Graham County again. But make no mistake about it, I have never been more determined or resolute in my life to make this right. I will not under any circumstances stand by and see this done to our EMS Service and watch the county taxpayers fleeced by this director. You need to get this right the next time and I definitely would not trust this decision to this County manager or some County office pool to decide who is best for this job. That's what people voted you into office to do, you are responsible.
The following are my records from the day Phillip Boyle joined EMS as director through present day.
On Monday October 18, 2021, newly hired Director Phillip Boyle took over at Graham County EMS. While I was optimistic our agency was going to be okay, I quickly changed my mind. The following are just a few examples of what I consider ethical and professional misconduct. The first day all employees were called into a meeting, where director Boyle introduced himself to the employees. His words to us were he wanted EMS to be like a FAMILY and to build comradery among the employees.
He then stated that he wanted to quiet rumors that he was going to take over the Fire Department and Rescue Squad. It's important to note that later that night, director Boyle went to the local Rescue Squad/Fire Department meeting to express the same.
On October 18 and 19: Director Boyle then had at least three employees come to his office where they were asked to write out statements or complaints against two other employees who were not present to defend themselves. Employees he knew nothing about and had not been around at all to form an opinion or evaluate their performance(s). I was asked to write out statements by one of the complaining employees and flatly refused to do so. I don't work that way.
On the morning of October 20: When the two employees arrived at work they were blindsided with a host of complaints, all of which had not been investigated or proven and told there would be some changes taking place with respect to their employment. The charges director Boyle made, with limited information, was so harsh, the two employees resigned and left immediately. Like me, their hearts were broken at how this man treated them. Graham County immediately lost two great employees, who had likewise dedicated their life to helping our citizens over concocted rumors) and speculation.
It was clear that director Boyle's idea of a family atmosphere and comradery among employees was out the window in less than three days, when he had already pitted his employees against one another and lost two experienced employees in the process. It was at this point I started taking notes.
Also, the first week of director Boyle's direction, he had our third call truck (unit 510) stripped down to nothing and all we had was an empty box. All of the contents, including the medications were strewn all over the EMS bay. The ambulance was out-of-service, and I expressed my concerns about only having two frontline trucks when we often had three or four calls at any given time. I was told that we would only be using two trucks from this point forward, which was very troubling to me knowing our call volume was often such that we needed four trucks ready to go at all times.
Attached are the photos of the mess and all the equipment stripped (Exhibits 1 - 5)
As a result of 510 being stripped, my partner and I were placed on unit 513. On the first run, I noticed that the brakes were grinding metal to metal on the truck. When we arrived back at base, I brought this to director Boyle's attention. I was instructed to drive the truck anyway.
This is a violation of multiple sections of the Graham County Safety Policy, Occupational Safety and Health Administration Regulations, as well as USDOT - Federal Highway Safety Administration Regulations and NCOEMS regulations. Every trip we made was the same, metal grinding on metal.
I reported the defective equipment pursuant to the Graham County Employee Handbook Safety Directive found on page 49 & 50, section 6. (See below)
Employee - Employees will be required, as a condition of employment:
1. To exercise care in the course of their work to prevent injuries to themselves and to their fellow workers.
2. Use the safety equipment which has been provided for use in performing daily work assignments.
Graham County is an Equal Employment Opportunity Employer 50 of 155
3. Wear the prescribed uniform and safety shoes, as required.
4. Do not operate equipment for which training, or orientation has not been received.
5. Warn co-workers of unsafe conditions or practices they are engaged in which could lead to or cause an accident.
6. Report defective equipment immediately to a supervisor.
REPORT DANGEROUS OR UNSAFE CONDITIONS THAT EXIST IN THE WORKPLACE
1. Report all injuries and accidents regardless of the severity as soon as practical.
2. Protect the public from unsafe conditions resulting from work that could present a hazard to them.
3. Take care not to abuse tools and equipment, so that these items will be in usable condition for as long as possible, as well as to ensure that they are in the best possible condition while being used.
4. Participate in all required safety occupational health training and be certain that they understand instructions completely before starting work.
5. Serve on safety committee or inspection team when appointed or elected.
Our next shift, I again brought the brakes to director Boyle's attention, and he told me I was lying that he had the truck checked out by Billy Hyde and Frank Cline and it was fine to drive.
A couple runs later (early the next morning) we had a very serious call and that patient had to be transported to Sylva. As I approached the intersection at Almond, and I started braking well in advance of the intersection knowing the condition of the brakes, the truck proceeded through the stop sign with the front half sticking out into oncoming traffic. It would not stop! Fortunately, this was our last run for the shift.
When we returned to base, I again informed director Boyle of the situation and he tried to argue about the condition of the truck. I told him to get in it and drive it down the street. He did and never got out of the parking lot with it when he stopped and then asked someone else to follow him to the county garage.
When the county mechanic (Keith Eller) took the wheel off the truck, what was left of the brakes fell out on the ground, even before removing the brake caliber. What had fallen out was dust and the metal backing plate the pads used to be attached to. Not only my partner and I, but every patient we hauled with the brakes in that condition, placed all of us in extreme danger, much less violated several state and federal laws and violated the Counties Safety Policy!
After a very hectic week, Director Boyle informed us he was leaving Friday morning to go back to South Carolina to move some of his things back to NC. His wife had already returned, so he took the county owned emergency services pickup back to Columbia South Carolina for personal use, and in violation of state law and county policy.
N.C.G.S 14-247. Private use of publicly owned vehicle.
It shall be unlawful for any officer, agent, or employee of the State of North Carolina, or of any county or of any institution or agency of the State, to use for any private purpose whatsoever any motor vehicle of any type or description whatsoever belonging to the State, or to any county, or to any institution or agency of the State. It is not a private purpose to drive a permanently assigned state-owned motor vehicle between one's official workstation and one's home as provided in G.S. 143-341(8)i7a.
SECTION 5-4. USE OF COUNTY PROPERTY
Use of property owned or leased by The County is intended for official county business only.
Property including supplies, tools, materials, and equipment are not for personal use and should not be removed from county premises except in the conduct of official county business.
Use of personal property on county premises is discouraged and must be kept to a minimum and must be pre-approved by the County Manager.
SECTION 11-2. USE OF COUNTY OWNED VEHICLES
A county car, when available, should be used instead of a private car. The department head must authorize reservations for a county vehicle.
County-owned cars will be used for official County business. It will be unlawful for any officer, agent or employee of The County to use vehicles for any private purpose.
USAGE
County vehicles will:
1. Be used for official county business only.
2. Not be used for the convenience of the employee with regard to transportation needs or other non-business activities.
3. Not be driven to an out-of-county residence if used by an employee for commuting to and from work without the approval of the County Board of Commissioners.
Upon his return the second week, director Boyle made the statement several times that he wanted to move the fire trucks out of the building. That he wanted the entire building to himself, and on several occasions stated that he was going to build a second floor and make a lot of renovations. That he was putting locks on all the outside doors including the doors to the fire department.
He then started talking about buying a rescue truck for EMS, a function that has been managed by the local rescue squad and fire departments since their inception. It was becoming increasingly clear to me that his intentions were indeed to take over all function of the fire departments and rescue squad! That he wanted and wants total control of everything! As a member of the "Volunteer Fire Department," I had and have a real problem with this! Director Boyle was proud of the fact County Finance Officer referred to herself as his personal ATM. I don't think this should make someone proud, I don't think that boastfulness and proud feeling would make County taxpayers happy either, in fact I know it want.
As the week went on, supplies were removed from storage rooms and other ambulances, offices stripped, and file cabinets emptied and moved to the bays. I watched as multiple thousands of dollars of equipment and supplies, and medicines were discarded and thrown away. Many of the high dollar medications that were discarded or destroyed were done so because those people he had stripping and cleaning out were looking incorrectly at the dates on the products. Instead of looking at the expiration date, they were looking at the manufactured date and in doing so assumed they were expired and discarded. This cost the county a small fortune!
When it was-all said and done, our EMS supply room was almost empty and most basic supplies and medications were missing. A lot of the medications we needed to restock our ambulances were gone and not available to replace. I heard one career employee state that they figured $25,000 to $30,000 worth of medicines and supplies had been thrown away for no reason! This all done at the direction of director Boyle.
The file cabinets that were taken out of former EMS director Larry Hembrees office and moved to the EMS bays contained two lock boxes full of DEA Regulated Narcotics. These Narcotics are required to be secured in two locked cabinets and in most cases a safe. They were left unattended, in the EMS bays in an open file cabinet for about three weeks. Anyone could have walked in, in the middle of the night and taken them! These drugs included Fentanyl, Morphine and very dangerous paralytic drugs used to intubate patients. Very dangerous, deadly narcotics left unguarded for weeks by director Boyle who was responsible for their safe keeping as
director of EMS.
Then I was in the bay one day when I observed and watched as he finally came searching and discovering them and carried the two lock boxes back into his office. Should the DEA be , informed of this, no question, the license to keep and store these drugs for the paramedic service would be revoked immediately and most likely permanently! Shows irresponsible and reckless behavior on his part. Can you imagine if these had been stolen, hit the street and people died? You can't buy enough insurance for a scenario such as that.
On November 05, 2021: Seventeen days after unit 510 had been stripped bare, the ambulance we were assigned to was in the shop. That left us with one ambulance to take calls in. The first call truck was out when we received a call and my partner and I were forced to use unit 510, which we had thrown a jump bag and a cardiac monitor in. The ambulance was no doubt "out of state compliance and not legal for use." But because of the mess in the EMS bays that had been created at director Boyle's direction, we did not have a choice! Had this been reported to the state office of emergency medical services at the time, I feel certain the county would have faced serious legal problems. Had the patient died because of inadequate supplies or medicines, due to an out of compliance ambulance, then the Graham County would have faced massive lawsuits due to negligence. The run number was: Run Number: 2021-1527 On November 12, 2021: After getting off work, going home to bed after a rough shift, my pager kept going off. After looking at the dispatch information on my phone and listen to the pages, I realized there had been a serious head on collision on NC-28 near Deals Gap. The county was out of front-line ambulances and was needing another brought to the scene as they had multiple patients. So, I got up out of bed and went to the base where I met Anissa Orr a part-time basic EMT. I got the key for an older truck we had at the base (unit 511), which up to the time Larry Hembree retired had been maintained as a fourth call truck. Supplies had been stripped from the back, it was a junked-up mess and in disarray. But, due to the nature of the multi-injury call, we took the truck and responded.
As we neared the scene, we met unit 512 which had two patients onboard, enroute to a landing zone at the bottom of Tapoco Dam. Behind the wheel was a 16-year-old Jr. fire department member that was not authorized by any means to drive emergency vehicles due to his age and inexperience! He had been placed under the wheel by director Boyle who was on scene, talking on his radio and told to drive to the landing zone. This was in strict violation of the terms of the Counties Insurance Policy and placed the County in an unfathomable liability situation should this child have had an accident, with two patients onboard!
Upon arrival on the scene of the accident, I found director Boyle, standing in the middle of the road, still talking on his radio.
We were directed by someone on scene to two patients that were walking around wounded, a father, and his daughter. Anissa and I got them into our ambulance along with a third patient, we found out was the driver of the second car. About that time Lynn Cody, AMT arrived on scene with the Stecoah ambulance and took the third patient (driver) with them. Annisa and took the father and daughter and transported them by ground to UT Hospital in Knoxville which was the closest Trauma Center.
That was all the patients, when we left the scene, director Boyle a NC Paramedic was still standing in the middle of the road, talking on his radio.
The ambulance (511) we took to UT Hospital with two patients was in such disarray, that what supplies were left in it after being stripped, most were rolling around in the floor. I had to search long and hard to find splinting material as one patient had what appeared to be a closed distal ulna fracture. The brakes on this unit were also metal to metal, as you could hear them grinding each time Annisa hit the brakes and went around a curve on the dragon highway 129.
This vehicle had not been maintained at all and was dangerous to drive! In less than a month, two county ambulances that I was forced to use, should have been placed out of service immediately. I was so concerned about the safety of the ambulance being in use, myself being an experienced Class A CDL driver, I drove it back from Tennessee, using the transmission to gear down and use the brakes as little as possible.
All this was a violation of multiple sections of the Graham County Safety Policy, Occupational Safety and Health Administration Regulations, as well as USDOT - Federal Highway Safety Administration Regulations and NCOEMS regulations.
On December 3rd, 2021: I was again at home having come off a shift when the pager started going off multiple times requesting additional assistance. There had been a two car MVA on Sweetwater Road and director Boyle was once again on scene, on the radio calling for help. So, left home, went to the base, and got an ambulance to take to the scene. I could not understand why he had not came three miles back down the road and got one himself as he had part-time EMT Annisa Orr and Full-time EMT Hamilton Boxberger on scene and director Boyle himself a Paramedic.
When I arrived on scene, I found director Boyle standing in the roadway talking on the radio.
One of the EMT's, I don't remember which directed me to a pickup truck sitting next to a house It was unclear if the pickup had struck the other vehicle which was several hundred feet up the roadway, but what was clear, it had jumped a ditch line, struck a tree, went up a steep embankment and came to rest next to a house. I found the patient, a beloved member of our Tribal Community, sitting in the driver's seat, no one was holding C-spine and it appeared she had possibly struck the steering wheel. She did state that she was restrained, but that her chest hurt. I immediately asked one of the EMT's to hold C-spine and retrieved an adult cervical collar and placed on the patient. I then conducted an assessment of the patients spine and chest area before extricating her from the vehicle. All the while, director Boyle (Paramedic) continued to stand in the middle of the road, talking on his radio.
Once in the ambulance I placed the patient on the cardiac monitor and began obtaining baseline vitals at which time, I determined the patient had a high blood glucose level and needed a bolus of fluid. The patient was a hard stick and had rolling veins. As director Boyle passed by, I asked one of the first responders to have him step in the truck. Per protocol, after two attempts at gaining IV access, I asked director Boyle if he would attempt. Director Boyle entered the ambulance and after looking at the patients right AC made a stick with an IV needle. At that point, the pager went off for another call, a three-year-old at the EMS base having breathing difficulties. Director Boyle dropped the needle, leaving it hanging in the patients arm, came around behind me stepping on the bench in the ambulance and as he went out the door said take care of that! One of the most unprofessional, unethical moves I had ever witnessed by a medical professional, abandoning a patient upon initiating a medical procedure and prior to its completion! The Run Number: 2021-1634.
Note: It's important to note that director Boyle had already had dispatch call in Captain Leon Allen (Paramedic) for fourth call (backup) and he was already on his way to the base.
After securing the IV and starting a bolus of fluid, EMT Hamilton Boxberger got us enroute to Swain County Hospital as it was the closest facility with a CT, given the mechanism of injury associated with the accident I determined the patient needed a CT to rule out any potential closed traumatic injuries that had not been found in the primary and secondary surveys.
As to the fourth Call that also occurred on December 3rd, 2021: According to employees on the scene, once director Boyle got to the EMS base, where I understand from co-workers, he initiated contact with the three-year-old having difficulty breathing and initiated patient care.
Director Boyle then instructed basic EMI Annisa Orr to ride with the patient, a violation of state protocol. A credentialed EMS provider cannot transfer care to someone with a lesser certification or credentials. That is considered abandonment and is a criminal offense.
For a Paramedic to transfer care of a three-year-old with breathing difficulties to a basic EMT for transport and then have the county manager drive the ambulance, someone who had no EMS credentials, experience or training and would be of no assistance should the young patient go into respiratory distress or even worse respiratory arrest! This in itself should have been grounds for immediate dismissal and a report filed with NCOEMS. This also put the county in a position of severe liability had the patient's condition worsened or even died as a result of having been abandoned by a trained paramedic, the director of EMS, nonetheless. The run number for this case was 2021-1635.
On December 06, 2021: I received information that a co-worker who was also an advanced EMT was making considerably more money per hour than I was, doing the exact same job. (See Exhibit - 6) I emailed Becky Garland - County Finance Office and made a public records request asking for a list of all EMS employees and their rates of pay. Later that day, it was emailed to me by human resources manager Kim Crisp.
When I received the one page showing the employees and rates of pay, I discovered that a female employee, who was 29 years old and whom I was equally credentialled with as an North Carolina Advanced EMT, was making $18.00 an hour compared to my rate of pay at $16.64 per hour. A disparity in pay of $1.36 per hour.
If you look at director Boyles pay scale (see Exhibit 7) he presented to the Board of approval, he is paying the 29-year-old female employee a rate that would normally apply to a 25+ year employee, so she must have started working the ambulance when she was 4 years-old. This is so obviously discriminate and out-of-line with county policy.
The next morning as I was getting ready to finish my shift, I was called to director Boyles office and given a verbal reprimand for quote, "not following the chain of command." I told director Boyle that I felt like anyone could request public records under state law, he informed me that I would follow his chain of command. I told director Boyle that I had an issue with one AEMT being paid more than I even though we had the same certification and job title. I was told she had degrees and that's why she was being paid more. I explained that those degrees, while a great achievement, did not allow her to exceed her scope of practice and when we were in the back of an ambulance, we were on the same playing field. That I disagreed with his decision.
Thursday December gth: As a lieutenant and representative of the Meadow Branch Fire Department, I attended a meeting at the Graham County EMS Training Room between representatives of the Graham County Volunteer Department(s), all four stations and Stecoah Fire Department, as well as Graham County Commissioners (except Dale Wiggins), the County Manager, County Clerk, Director of Communication, Director of Emergency Medical Services and Emergency Management and EMS Captain William Allen Rogers.
The purpose, of what was billed as an unofficial meeting, was to try and patch up the relationship between the fire departments and director Boyle. He had been attempting to exert authority over the fire departments, take control of scenes that were typically handled by and under the authority of the fire departments, etc. During the meeting it was revealed that director Boyle had contacted the North Carolina State Fire Marshalls Office and alluded that Graham County Fire Departments were out of compliance? This had the County Fire Chief Keith Eller and Stecoah Fire Chief Lynn Cody irate, stating that it simply was not true. Things got so heated, as you well know, Stecoah Fire Chief Lynn Cody got up and stormed out of the meeting.
Upon leaving the meeting, I felt like it had been a waste of time, as it was clear director Boyle feels he is right about everything. Every time an officer of the fire department tried to find middle ground with him, he kept producing reasons why he should be involved in the fire departments business. (Note: This meeting was recorded).
Director Boyle in the span of one month managed to alienate every single fire department, as well as the rescue squads and their memberships in Graham County. Efforts to resolve the rift have failed dramatically and in speaking to many of them and their families, they will never have anything to do with this director. There is just too much bad blood. That is bad for EMS and bad for the citizens of this county and it was all due to director Boyles arrogant and over-bearing actions. He will never stop trying to control everything and everybody.
On December 10th, 2021, I filed the following wage dispute with my shift Captain, following director Boyles chain of command. He forwarded it to director Boyle stated it was a personnel matter and not related to daily operations.
I am officially filing a wage dispute with Graham County Emergency Medical Services i.e., Graham County Government for "Discrimination in Compensation" pursuant to Title VIl of the United States Code - The Civil Rights Act of 1964.
To wit:
1. A Female Advanced EMT Graham County EMS. " was hired on November 01, 2021, with Her rate of pay was set at $18.00 per hour.
2. I (Steven Odom) a Male Advanced EMT, was hired on November 05, 2019, and have been employed with Graham County EMS for just over two years. My rate of pay was set on November 15, 2021, at $16.64 per hour. The disparity in pay is $1.36 per hour for an equal job classification. (See Exhibit - 1)
Facts pertinent to this matter:
1. The classification of Advanced MT has the same job description, basic requirements and is equal in scope and practice as set forth by the State of North Carolina Office of Emergency Medical Services.
2.
The State of North Carolina Office of Emergency Medical Services does not offer different classifications of AMT. The single classification is the same, fair, and equal in nature.
3. Nowhere in the NCOEMS Guidelines is having a college degree required for Credentialling as a North Carolina Advanced EMT.
4. Nowhere in the Graham County Personnel Policy does it stipulate or require an employee must possess a college degree for employment as an Advanced EMT.
5. Employee
TO Te, a 29-year-old female and I possess the same credentials through the State of North Carolina Office of Emergency Medical Services. Therefore, the basis for my claim of discrimination under Title VIl is, 1. Sexual orientation (being a natural born male), and
2. Age (being 40 or older as defined by the US EEOC)
Further, as a result, I believe that:
3. I am not receiving equal and fair treatment with respect to Chapter 2 of the Graham
County Personnel Policy.
4. That the county is in violation of its own personnel policy - anti-discrimination clause.
(Chapter 3 sec. 3-1).
Requested remedy to these violations:
Title VIl of the United Stated Code - The Civil Rights Act of 1964 states.
"If there is an inequality in wages between men and women, employers may not reduce the wages of either sex to equalize their pay.
1. I am officially requesting that my hourly pay rate be adjusted to that of employee ($18.00 per hour) to comply with Title VII U.S. Code.
2. Additionally, I am requesting back pay of $1.36 per hour from November 15th, 2021, through the pay period ending December 15th, 2021.
3. That all hours worked after December 15th, 2021, reflect the correct rate of pay of $18.00 per hour.
4. A written statement from the appropriate county official, stipulating that in the future, my rights, including issues of pay will be protected equally under the law.
Additionally, that given recent events, I will not be penalized, retaliated against or targeted in any way for being forced to take this action.
I look forward to a speedy resolution to this issue so that I may move forward, it has caused me extreme emotional distress in the last few weeks. I did my best to get this issue resolved and haven't gotten anywhere. I am ready to get back to doing my job without this distraction.
Should you not be able to achieve a resolution, please forward my complaint to the next appropriate authority in the chain of command. I am requesting that until such time as this dispute is satisfactorily resolved, that it be advanced through the chain of command, until it reaches the Board of Commissioners.
If it is not settled after exhausting all county level appeals, then I will have no other choice but to seek a civil remedy in Federal Court, which I would like to avoid if at all possible.
Should you need further information, please let me know.
Respectively,
Steven Odom, AEMT
Graham County Emergency Services
--=--
On December 14th at 8:00 am, director Boyle called our shift employees, which is C-Shift into the training room and proceeded to try and explain how he personally determined what an employee would be paid. He mentioned the degrees again and experience, which the employee being paid more, and I had about the same in years. He explanation was somewhat confusing and lacked consistency. It was like he would pay you whatever he wanted to. He stated that he was going to have the same talk with other shifts. When I questioned employees from the other shifts, all denied being called in as we were.
December 18, 2022: Director Boyle arranged to have a Christmas dinner in the bay of the EMS building. It was during this dinner that several of us were sitting at a table when we overheard director Boyle talking about law enforcement. He made the statement that EMS needed sworn law enforcement officers to quote "secure the scenes" when the Sheriff was busy. We were caught off guard by these statements, but it was clear he was very serious. We said to each other, now he wants to take over county law enforcement as well.
One of the advantages EMS employees have are that they are neutral in situations of conflict.
Criminal, assailants, victims of crime, all trust EMS to help them. Even if it were possible, pinning a badge and gun on an EMS employee is a terrible idea and one that-could ultimately make them a target. Just another example of the idiocy of this director and his goal of taking control of every county agency. It's all about power to him.
On December 20, 2021, I had not received a reply from director Boyle and sent out a follow-up to my dispute with an additional public records request. See below.
Director Boyle,
On December 10, 2021 (10 days ago), I emailed a complaint to Captain Brian Stevens concerning a dispute I have concerning my hourly wage. I did this in conjunction with the directive you laid out to me to follow the chain of command on the morning of December 07, 2021, at 7:53 AM. In an email from Captain Stevens also on December 10, 2021, he stated that he had forwarded the complaint to you immediately upon receipt, as he felt it was more of an administrative and personnel issue, and one that did not pertain to daily operations. Since that time, I have not received a written reply to my complaint. I have respectively allowed 10 days for review and due process to occur in the matter. At this point, I have no idea where the complaint stands, if it's somewhere in the chain of command or what if anything has occurred.
Please know that I am doing my very best to follow your directive of following the chain of command by sending this email directly to you. I thought in kind, I would receive a written reply to let me know the status of my complaint, but that never happened. I have recently been made aware of a potential conflict of interest, one which I do not wish to discuss it at this time outside of an attorney. That and the fact we have not been able to agree of this pay issue, I am respectively requesting that my complaint or grievance and the additional items listed below be advanced to the county manager, the next in line in the chain of command. I feel like this is causing friction between us and I don't want that on the job.
That being said, I would like to request pursuant to the North Carolina Public Records Law N.C.G.S. § 132-5 and § 132-6 (a) (a1) (b) (c), the following documents for my case.
1) A signed copy of the new EMS pay scale, in its entirety, as it was submitted to the Board of Commissioner and approved by the same.
a. This should include the merit and time of service pay enhancements, you have expressed to me on at least two separate occasions and to C-Shift on the morning of December 14, 2021, in the training room of the EMS Base at approximately 8:00 AM.
2) An amended copy of the personnel policy for Graham County Government stating that EMS employees will be subject to the new approved pay scale and pay enhancements.
3) The minutes of the Board of Commissioners meeting reflecting the same, whereby the Board of Commissioners approved the aforementioned pay scale, the enhancement scale, and amendment to the personnel policy. Said minutes should have signatures of the commissioners affixed thereto and more importantly reflect the date of the meeting.
4) I am requesting the following please:
a. The date of hire for employee
b. His total length of service with Graham County EMS.
c. The date of his credentialing as a N.C. Basic EMT.
d. Confirmation that as a Basic EMT (Basic Life Support provider),
1. He is being paid $17.60 per hour,
2. versus the $16.68 I (Steve odom) am being paid as an Advanced EMT (an
Advanced Life Support provider),
3. That the disparity in pay is 0.92 per hour.
As I have stated in the last few weeks, I just want to be treated fairly. I love my job; I love helping people and I love Graham County. These are facts not in dispute.
I have attached again the original complaint as well as exhibit #1. Please let me know if you have any questions. Thank you very much for your kind attention to this matter. I look forward to hearing from you soon.
Respectively,
Steve Odom, AEMT
Graham County Emergency Medical Services
On December 21st, 2021, I received an email reply from director Boyle, which pretty much echoed his verbal reasoning expressed earlier, but did not address adequately my claim of discrimination. INTERESTINGLY, the last paragraph in his reply lodged a complaint against me by a fellow employee(s) that was bizarre, baseless, and untrue. This had me wondering if I was indeed becoming the next victim of retaliation, by using co-workers to write out or make unfounded claims, hence what happened the first week director Boyle was in office.
Later that evening I received a call from a coworker who wanted me to know they had walked in on something in the director's office, that they felt like involved me. That director Boyle once again had coworkers sitting in his office writing out statements against me, and when those individuals saw they were caught, everyone went to covering up what they were doing. My co-worker was concerned I was being setup like the other two employees were during the first week of director Boyles reign.
Sure enough, that same night, I received a message from director Boyle requiring me to attend a Pre-Disciplinary Hearing at 8:00 AM the next morning at the EMS Base where he, the County Manager, County Human Resources Officer and Captain William Allen Rogers would be in attendance. I knew then he was out to get me; it was a clear a crystal at this point.
So, I showed up at 8:00 AM that morning and sure enough director Boyle stated that he had a document in hand that alleged I made statements against him. I asked to see the document and he denied me the right to face my accuser or to see the evidence. He asked me if the charges he was making against me was true and without seeing what he had in hand, I said no. He then called me a liar (again) and told me to wait outside the door. When he called me back in, he advised me I was being suspended for two weeks, I don't remember if he said with or without pay, it didn't really matter at that point to me.
When I returned home, my wife and I had a discussion about what had happened and that it was clear the county was going along with his reign of terror. We discussed that fact that I would never see a minutes peace as long as director Boyle was in charge and had the backing of this administration, that the impact it was having not only on my health, but that of my wife who is disabled, that was the job worth it? At the end of our conversation, we came to the conclusion it wasn't. It was at this point I sent my resignation to the director of Human Resources - Kim Crisp.
I resigned because unfounded accusations were being made against me. I was not being given an opportunity to defend myself. The County Government was not going to do anything whatsoever to stop this harassment and retaliation. Hidden evidence, undisclosed sources, pitting my fellow co-workers against me, I knew I was being retaliated against and there wasn't one thing I could do about it when the county manager sat there and allowed it to happen.
After the first day on the job, when I saw how director Boyle operated and in witnessing his actions against two good employees without a shred of evidence, I had come to have no respect for him. He had proven himself to be, for lack of a better phrase, a snake in the grass, in every sense and someone who had no boundaries as to how far he would go to destroy anyone he took a notion to.
I tried speaking to every member of this Board about my concerns, but as of my date of resignation (December 22), just one Commissioner (Keith Eller) chose to listen and knew what a huge mistake the county manager had made hiring director Boyle. Anytime you pit employees against one another, that is the most despicable, unethical management style I have every witnessed.
The wastefulness that has taken place and continues to be as you read this is indescribable.
Multiple thousands of dollars thrown away and discarded for no reason whatsoever. A good manager and someone with some common sense could save the county $250,000.00 a year minimum or more on day one, guaranteed. Director Boyle has 7 employees hired, doing what one man used to do by himself. He is a great delegator, but extremely poor manager and it's costing the taxpayers a fortune.
Director Boyle has convinced many in county government that he can make an enormous amount of money doing transports. The initial investment, the personnel that would involve, and the fact Prestige Transport LLC has a FIVE-YEAR contract with Erlanger, of which four and half years remain, makes this idea complete foolishness. Why would you as county commissioners want to fund a service that will most likely have an adverse effect on your EMS 911 service taking care of Graham County residents? Just ask Cherokee County how much of your resources it takes away from your 911 service.
At this point, I know I will never work for Graham County again. I left the job I loved so much, because of what I perceived as pure evil being in control. You just don't do people, especially your employees that way. The two employees you lost during director Boyles first week and I both took enormous pride in our jobs and gave our all to the citizens of this county. At the rate we're going there will be no original EMS employees left in a year from now.
Graham County is better than this. We have to be better than this.
On Monday December 27, 2021, I met with Graham County Sheriff's Investigator Jeff Knight and relayed to him information I had received concerning what I felt confident was payroll fraud within Graham County EMS.
That I had information concerning an employee falsifying time sheets and that I understood that she and director Boyle both knew that the times she listed were not and could not be accurate based on the fact she was being allowed to work another job in a neighboring county.
This is in violation of director Boyles own policy that no one could work the day before their shift and was to report to work rested and the reason Graham County went to the 24/72 shift model.
That director Boyle as well as the employees Captain Billy Hyde both had knowledge, she was showing up late as Captain Hyde was having to work her shift in Graham County until she arrived and changed uniforms.
That she was doing this with the blessing of director Boyle as he had full knowledge that she was working in Cherokee County on the day prior to her shift in Graham County. I know from my employment that all employees are supposed to sign their time sheets affirming them as true and correct and that the director is also supposed to sign them as well attesting to their accuracy.
I contacted County Commissioner Jacob elms and informed him I had received information of payroll fraud at Graham County EMS. I told him that I had turned over the information to the Sheriff's office and that the district attorney's office had already been contacted. That the Sheriff had told me that Graham County was the victim in the case and that a formal request for an investigation would have to come from them.
At this point, I asked Commissioner Nelms to inform the rest of the board in closed session and outside of the presence of county manager because I had concerns with his unusually close ties with director Boyle and that this needed to be solely a board action and kept in strict confidence so that no one could attempt a coverup. He stated he would at their next meeting on January 18th 2021.
On Monday December 31, 2021: I received a call from Sheriff Jerry Crisp who stated that he had already been approached by the County Manager concerning the information. He stated that he had not given any information to him and was waiting to hear from the Commission Board.
I then contacted Commissioner Nelms and inquired as to how the county manager already knew. He stated that he didn't know that he had told Commissioners Eller and Wiggins and discussed with them that they (the board) needed to have a meeting to make a decision.
The Sheriff is awaiting your decision. Do what is right.
January 02, 2022: Director Boyle activates the Emergency Operations Center for Graham County based on a forecast of 4 - 6 inches of snow. A typical weather event that occurs in Graham County every winter. The operations center was open more than 24 hours and cost Graham County Taxpayers an untold amount of money. I have requested public reports detailing the cost, but County Manager Jason Marino has not responded to my request in any manner for public records.
There was NO County, State or Federal - State of Emergency Declaration issued. There will be no refunds for the cost of this activation. Any claims that the cost can be recouped are just smoke and mirrors. Sixteen downed trees in a 24-hour period does not met the criteria of a disaster by any stretch of the imagination.
Director Boyle doesn't believe that local Resident Volunteers, Fire Departments, Rescue Squad, NCDOT Crews, Duke Energy Crews, all Graham County Residents have enough sense to get through a typical snowstorm. Bottom line, he has to be in charge, control every aspect of life in Graham County. We were taking care of our County long before he came and will be long after he is gone.
His activation is just another example of his arrogance, and his gross disregard for County taxpayers funds.
January 05, 2022: A large pallet (Exhibit - 7) arrives at Graham County Emergency Services Building, the contents included new high dollar shelves and bins for the supply room. (See attached photo) The current supply room shelving, and bins have served EMS well for many years. Replacing them was just another way to spend the Counties money. Because Cherokee Tribal has a different system, that doesn't justify replacing something that has worked well for our service for years.
Since director Boyle took over EMS, thousands and thousands of dollars have been spent trying to replicate Cherokee Tribal EMS. That fact of the matter is, Graham County does not have the financial resources the Tribe has. If we are going to try and match them on every level, we had better find a way to generate and maintain a million-dollar annual slush fund.
Another huge waste of Taxpayer dollars because they're trying to keep up with or compete with the Jones, which this director enjoys, and the County Manager has blatantly allowed.
In closing, I feel I have given you more than enough facts, eyewitness testimony, to take care of this problem and replace this director immediately. When one of your conversations with a supervisor starts with them calling you a liar because you were reporting defective equipment, a defect so bad it that could literally get someone killed, then you know you and your agency are in big trouble.
Bottom line, he is not a good fit for Graham County and in my opinion, things will only continue to get worse. Your chairman recently told me if one member of your board requests a special meeting, then she calls it. The choice is yours; I hope for the counties sake you choose wisely.
End of page.
Notes with respect to Timeline of Events:
Friday Evening January 07t at 8:03 PM:
After having contacted all commissioners and asking them to handle the situation at EMS, all but one failed to do so. Commissioner Keith Eller was the only Commissioner working to clean up the mess at EMS, however he could not gain any support from his fellow Board members. So, the attached complaint was sent to them by the complainant which laid out all facts as he knew and observed them and asking the Board to do their jobs or the information would be turned over to the press.
Monday January 10 at 12:00 noon:
Commissioners meet with their attorney (without county manager or clerk) in closed session at the Veterans Building for approximately 3 hours. Note: Understand clerk was out with COVID.
At the conclusion of the meeting, the Chair Connie Orr and attorney Jay Coward goes to County Managers officer for an impromptu meeting with the county manager which lasted a couple of hours.
Wednesday January 12th @4:37 PM:
Complainant received a call at home from Chair Connie Orr who advised him things were being handled by the county attorney and that he would be receiving a letter from the county attorney as well.
He thought he might possibly be receiving a thank you from the Board for giving them the massive list of information, or that he possibly might receive an apology for the way he and others were treated so badly.
Instead, at 5:29 PM he received an email from the County Attorney threatening to have him prosecuted for Blackmail should he decide to release his findings to the Press.
No Thank You, No Apology, just a Threat of Prosecution.
Knowing that his letter was an ultimatum to do the right thing for the county, that it "Afforded them the Opportunity" to clean up the mess and was definitely not Blackmail because he had not asked for anything of value, not even his job back, he immediately contacted the District Attorney and requested a meeting.
Friday January 14th @ 4:00PM:
Complainant met with District Attorney Ashley Welch and ADA John Hindsman at her office in Franklin, NC. He explained the situation to them in detail and then provided them with a complete copy of the complaint and the email threat from county attorney Jay Coward. Both read the complaint, and both stated that there was NO Blackmail claim, that this was simply an ultimatum to do what was right.
To-date, there has not been a request made by the Board of Commissioners to the District Attorney for an investigation into the reported payroll fraud. As of Wednesday 1-12 employee was still at work.