For
my entire teaching career I was acutely aware of the fact that under
the eyes of the law, I was considered, "a person in authority." I
understood from my classes, especially those I received in my M.A.
studies from the University of Northern Colorado, just how important
that designation truly was. In effect, when children are placed under
your supervision, you are essentially in charge of their well-being as
if you were a surrogate parent. The responsibility is genuinely
immense. The legal system is quick to come down hard on any educator
who neglects that responsibility. The mantra is, if you do not wish to
assume that responsibility, then choose another profession. It is
really that simple.
As
a result, teachers often have to go to great lengths to insure that
there can never be any question that they have the best interest of
their students in the forefront of their minds at all times. I was
famous for always grabbing another teacher and bringing that person into any private
meeting with a student. And I always availed myself for that purpose
to my fellow teachers. It was part of what was expected of me and I
complied. But, should teachers be the only professionals given this
responsibility? The answer is a resounding, "No!"
Doctors
and dentists can be "persons in authority." We entrust our health and
safety into their hands, allow them to perform surgical procedures while
we are under sedation, etc. We have to trust that they take that
responsibility as seriously as any teacher does. A police officer is "a
person in authority." A correctional officer is "a person in
authority." They can arrest you and then remove you from society. They
have the responsibility to take charge of your well-being, even if you
are guilty of breaking the law.
So
where am I going with all of this? It is simple, really. While not
everyone has the legal obligation that teachers, medical practitioners
or law enforcement officers have, there are people in positions in our
society who hold great power over those who work under them. That is
why we continue to see so much litigation these days regarding high
profile bosses or cable news celebrities who are taking advantage of
their position. This news dominates the internet, cable television, radio
airways, etc.
Jobs
do not grow on trees. It goes without saying that staying gainfully
employed impacts all of us and on those who depend upon us. If someone
is in a position of authority over you and your job status suggests by
their words or their actions that, if you want to keep getting a
paycheck, you had better be prepared to do something that you
ordinarily would not do, that is unacceptable abuse of power. If you do
not think it is serious, Google "Fox News litigation" and see what
kinds of things come up on the screen. More importantly, look at the
settlements that are being paid out to people who come forward and prove
to a jury that they were unfairly coerced into a situation.
Unfortunately,
we have had this very type of behavior in our Elbert County
government. We have a culture in Kiowa where our elected officials
(including past and present BOCC members) turn deaf ears to those people
who try to point out these behaviors. But for whatever reason, (perhaps
because they think it will reflect badly on the county or reflect
poorly on their own hiring practices) they do not take swift action to
remediate the situation. When the employee who is making the accusation
is ignored, he might feel there is no other choice but to seek the
assistance of legal counsel. And if the attorney finds merit in the
argument, then they will seek to rectify the situation…and that
generally means a lawsuit.
I
have checked the score card. The Elbert County government is abysmal at
defending itself against these cases. Why? Because, for one, our
local government is not properly vetting its employees. Secondly, bad
behavior is often times swept under the rug.
It
has become the norm in Elbert County government to hire from within its
ranks. The person who gets the job is given the position for a myriad
of worn out reasons. Here are a few: we went to school together; she
has worked in the county for ten years and her mother worked here for
twenty years before that; he was good over in road and bridge, so he can
do a great job in another department.
The
list of this faulty hiring rationale goes on and on, and it has to stop. There
is way too much nepotism and cronyism in our local government. We need
expertise and ethical behavior, not just familiar faces.
The
“complicated” situation that we now face regarding our County Manager
is just such a case. Does anyone really know if our County Manager is
sick, on leave, was fired, or maybe just abducted by aliens? No. Even
now, when we have an official statement weeks after the County Manager
went absent, there are details emerging that center around inappropriate
behavior by the manager, that two employees are receiving pay through
at least the month of August, and that no one will be fired for breaking
ethical boundaries. We should all be very concerned about this.
Nobody who is a county official in a position to tell us what is
happening has told the public the same story two times in a row.
There
is a back story to this. Yes, I am angry that it appears we are on the
precipice of yet another costly legal battle. No, I do not want my
taxes spent on another legal boondoggle that could have been avoided had
anyone been doing proper oversight. But you know what really ticks me
off? According to a practicing lawyer who has reviewed the details that
we have before us, it is a slam dunk that the county would lose the
litigation it is facing with this situation. It is also pretty clear
that we have had at least one other similar problem with our County
Manager in the past and nobody stepped up to do the right thing. I see a
person in charge of personnel matters and who had authority over an
employee becoming romantically entangled with one of his employees.
This
is not a rumor. I was approached by an affected family member and
given information without solicitation. I do not in any way absolve
either person involved for their behavior in this situation. They were
both in the wrong. But as a former school teacher who accepted the
regulations of my
profession, it is my opinion our County Manager crossed a wide and very
bright red line and it certainly appears that he is not accepting
responsibility for his actions. He had been previously admonished for
this type of behavior. The commissioners just pussyfooted around the
issue when, it is said, they knew of the man's earlier indiscretions.
Above all of this, there is now a family in crisis. There are real
people whose lives will never be the same. There are children who no
longer have a stable family. There seems to be very few people in the
courthouse who care about the real tragedy of this situation. They only
seem interested in blaming others and/or protecting themselves from any
criticism.
This has to stop.