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| Archie D'Isidore, Dir. of Court Services |
In the swirling seas of confusion known as Northampton County, the Register of Wills office has always provided an island of serenity. But not long ago, Register of Wills Dot Cole retired. Third-floor administrators replaced her with one of their own, ignoring both Dot and the courts. And now, things just got worse. This vital row office is now both short-handed and inexperienced, thanks to what appears to be an arbitrary termination of two good workers.
As recently as a month ago, Director of Court Services Archie D'Isidore told one of these employees she was doing fine. He failed to mention that he was actually at the tail end of a supposed two-year investigation into her email habits.
She and a colleague were fired because of private emails they sent to each other, complaining about different people at the Courthouse called "Snake" and "Little Snake." Detective D'Isidore spent two years following the clues and identified these reptiles. He has printouts and everything. He also has hard evidence they engaged in email exchanges with boyfriends and ex-boyfriends, some of them vulgar and hostile.
Horrors!
Now these workers have likely violated some policy against using county computers for their personal business, but it's absolutely ridiculous to suggest that this amounts to "harassment" or "workplace violence." And this is a firing offense?
There is little doubt in my mind that both of these ladies will get their jobs back.
I also have to ask what kind of person spends two years snooping into the private emails of courthouse employees. Is Archie D'Isidore a Director of Court Services or Inspector Clouseau? And why does he spring this now, with a controversial new Register of Wills in place who has had no chance to learn her own job?
But D'Isidore, Director of Administration Tom Harp and other third floor muckety mucks sat there and piously canned these women for doing precisely what each and every one of them does himself.
Shock waves are still rippling through the row offices. One courthouse worker told me on Friday that she was afraid to speak to me on the phone for fear that her calls were being monitored. Another was actually afraid to talk to me in a hallway, fearful someone might rat her out.
In the meantime, six couples were waiting in the Register of Wills Office for their marriage licenses. One of them joked with me that there must be a special. I have never seen people jammed up like that in all my years at the courthouse.
This termination in the Register of Wills is a poor decision that follows another bad decision in naming the new Register without consulting the courts. Some think Director of Court Services Archie D'Isidore is trying to show everyone who's boss. He's going to find out, sooner or later, that it's not really him.
Right now, the County should be worried about its own liability. A recent New Jersey decision concludes that employees retain a legitimate expectation of privacy in personal emails. I think we're all entitled to a little privacy in our private emails, even if a public computer is used. In addition, the Office of Open Records has determined that personal emails, even on public computers, are not public records.
63 comments:
The onlyy way those jobs were vacated was with John Stoffa's OK, and you know it!
These jobs were not "vacated." Real people, with real needs, lost their jobs over bullshit. I sm certain that the Exec knows, but am very unclear on what he's been told. I would never believe for a second that he would act vindictively, but do question whether what is going on is in the best interests of the county.
Was one of these people the runner up for the top job?
Since this is a personnel issue, we will never know if a warning was issued, time off was issued previously or any other rehabilitative consequence was issued before determination.
We know it was a continuation of the policy of incompetence.
Bernie
What constitutes "private" emails.
Are these personal notes sent during office time on the government's computer or a person's own phone or lap top?
I hate to say thos Bern, but this falls at the feet of the Executive.
Doesn't the Director of Court Services report directly to the Exec? This apparent outrage is John's responsibility.
Callahan will straighten it out.
WOW
In one blog you decry the weak kneed exec and in the next you try to cover up for him.
In this scenerio, everybody, regardless of where they are employed, needed at some time or another to make a personal phone call, or chat about something or other that wasn't Company business. Poor "ARCHIE" has nothing better to do than monitor employees e-mails. Tell me, what does he do for his huge salary. Isn't this the job that Wayne Grube called a "Hall Walker" position? I have a question for John Stoffa. Do you come to wrok every day and give us eight hours without talking politics or sports. Hell Stoffa doesn't even come to the Courthouse for eight hours a day yet alone "work".
Bernie, you are right. These employees will get there jobs back. It is my understanding that they were making fun of another employee and maybe even their boss. Someone mentioned we take a look in the desk drawers of Archie and see what we find.
Whattt? But, but, but they are wasting taxpayer money! Burn them! They public sector pukes, O'Hare. You HATE these people.
You can't blame this on Stoffa. He thinks the internet is a series of tubes.
I am a County employee. I am proud of what I do and yes, I have sent e-mails of a personal nature while on the job. Like it or not, the County is obligated by law to give me a ten minute break every three hours. I usually go to the rest room. They also give me a lunch break. As you and all your readers are aware, most spouses work so their usually isn't someone at home during the day to take care of problem areas in our lives so we have to make phone calls during the day or use the computer to take care of personal business.. Sorry, but that is a fact of life.Doctors appointments, etc., etc., just can't be made after you return home from work so some abuse of a very stringent "personal usage" policy is probably the norm almost anywhere in any workplace. We are also human, so we sometimes criticise our bosses or say something via e-mail that we shouldn't. Is this a reason to fire someone after thirteen years of employment? Isn't it proper to warn someone by refreshing their memories that they are violating Rules and their are consequences for not adhering to these rules. Then the next time you lower the boom. Everyone in every workplace at some time or another has violated that rule. I hope their employer isn't like Archie. By the way, will you or John Stoffa tell me one thing that Archie has done to earn his exuberant salary. Don't fret. You won't be able to.
"we will never know if a warning was issued, time off was issued previously or any other rehabilitative consequence was issued before determination"
There were no prior warnings. One of the fired workers had been disciplined once for taking off too much time after her mother passed away and once for something else that is minor and I no longer remember.
5:53, There is no question they were using a government computer and exchanging personal email wit it.
"Doesn't the Director of Court Services report directly to the Exec? This apparent outrage is John's responsibility" Absolutely. I know John as someone who does not act arbitrarily. I doubt he was directly involved in what happened, but he had to know about it. Terminating someone's job, especially in this economy, is like a death sentence. A fellow from this area who I knew a little just committed suicide bc he has been out of work too long. You don't give people the death sentence over bullshit. And if Archie has the time to investigate courthouse employees and their email use for a two-year period, then he's not busy enough.
""Was one of these people the runner up for the top job?"
No.
8:56, I doubt there is one person at the county with internet access who has not used to contact a loved one or even to gossip. This might be a violation of county policy but it is no firing offense.
"These employees will get there jobs back. It is my understanding that they were making fun of another employee and maybe even their boss. "
That is true. They were exchanging emails between themselves about some others. It is petty and juvenile, but not a firing offense.
There were also personal emails to boyfriends and ex-boyfriends that at times were crude, I am told. But this is private and employees should have a reasonable expectation of privacy in some of their emails. It's downright creepy that Archie spent two years investigating this apparent abuse.
I have deleted a comment by Tricia Mezzacappa containing a link to her blog, which I refuse to alllow here. Of course, she thinks this firing is entirely appropriate and calls employees she does not know "inept." Then again, Mezzacappa is all for threatening the lives of local government officials. Mezzacappa's opinion should be enough to convince county officials that they screwed up.
"In one blog you decry the weak kneed exec and in the next you try to cover up for him"
Actually, both of my blogs today are critical. The difference between me and you, however, is that I believe Stoffa is a human being wh makes mistakes, just like you and me. You are so poisoned with hatred that you can only vilify him.
"Callahan will straighten it out."
This is not the time for your bullshit politics.
More drama in troughland.
8:56 a.m. -
Stop with the "Save me from myself" victim act. Use your personal cell phone on your breaks or if you need to communicate with someone for any personal reason.
"Everyone else does it" is a childish deflection, and not really a credible way to justify your policy violations.
In private sector enterprises the size and scope of NorCo government, it is common to require monitoring consent forms be signed at the commencement of the employment relationship, as well as a signed agreement that the employee understands and agrees to the policy regarding use of company property, phones, computers, internet services for personal reasons. These consents and attestations are renewed annually and also when there is a change to a policy.
Hopefully, the public sector, always screaming that it is as important and deserving of commensurate compensation and even better retirement and medical benefits, is similarly prudent in its administration. If so, that renders the "Please tell us when we are bad cuz we just don't know when we are breaking the rules" excuse moot.
Bernie - it is a firing offense if the policy says so. If the policy provides for progressive discipline, it is a firing offense when sufficient infractions have occurred to allow for termination as defined in the progression of discipline.
-Clem
Clem, I believe there is a policy against this sort of thing, but it is ignored. You can't enforce a policy selectively.
If emails were sent during business hours on county computers.... eh... They make smart phones for that. I do think the workplace both public and private has a right to monitor workplace networks. The internet is both the most powerful tool ever invented for productivity but also the biggest time waster. (I know this as I sit here during work hours at my office reading your blog and making a post!.... difference is... my boss is me!)
Anonymous said...
Sure you can. Policies and even laws (remember your post about the break you got from the borough donut eater?) are selectively enforced every day.
Selectivity can be raised during the grievance and/or legal process, if that is where they want to hang their hats and if they can prove it.
If what you claim is true, the bigger issue may very well be to hold the hypocrites equally accountable. We have a better chance of seeing a new policy which simply codifies their right to do whatever the hell they want, whenever they want. After all, they're entitled. They're the government...
In the end, just more troughfeeders being troughfeeders: "Ignoring" policy - by all of them according to your response - and spending public time on office gossip and personal activities.
I'm shocked... SHOCKED!
-Clem
Clem, As you correctly observe, selectivity can be raised during the grievance, and i suspect that will happen. Also, its overkill. You just don't fire people bc they sent emails gossiping to each other. It will never hold up.
Bernie, Do most people know about their employers computer/Internet policy' I would believe they so.Do most people use the company's computer for their own use, again I believe they do.If disciplinary action is taken against that employee must that employee use the incompetent defense, that is I did not know the computer use policy and therefore can't be disciplined.Good luck with that.I be heading off to work today and will not check my private e-mails or the news of the day or Lehigh Valley Ramblings on the company system as I usually do. I saw on T.V. that there are not many jobs out there and I do not want to lose mine. Max
I think most employees are aware of such a policy, although I don't think they sign anything. I think most employees violate this policy and it is winked at by their bosses. In fact, most department heads I know violate this policy.
Ron Beitler claims this is what smart phones are for, but apparently is unaware that most county workers are unable to afford that extravagance.
I question what employer conducts a 2-year investigation into the email use of workers under him. That sounds a tad extreme. I question why warnings were not first given. I question whether some less draconian punishment should have been imposed for an admitted violation. I question the hypocrisy of this sanction in light of the fact that nearly every employee with Internet access uses it for personal reasons from time to time.
Bernie, I agree that this policy is used to discipline employees you don't like.With that in mind I am not a likable fellow so I won't use my company's computer for personal use.By the way The Constitution was signed today in 1787 free speech and all that. Max
I'm not likable either, Max.
Maybe some people talk about eachother, good, bad, or indifferent....but to lose your job over some petty emails is absolutely ridiculous. A warning or even suspension..loss of the internet use...but firing! For the people out there say that the employees deserve it don't know the whole story. Was it a violation of county policy....I guess so. To single out just two employees for the same reason is crazy. From what I know of the employees they were hard workers who would like to stick up for themselves. So to cover up the director of losing his own job for violating county policies let's get rid of the two who speak their minds and fight for what they feel is right. No one is perfect I don't care who you are! I am not a political person but this my friends is political BS!!
Bernie, I generally tend to agree with you, but I think you are likely over simplifying things here.
The phone, email and internet policies are there to prevent abuse. They are also there because its nearly next to impossible to fire people these days. In the private sector, when you have employees who are slow workers, chronically late, tend to complain a lot, spend more time chatting/visiting/distracting co-workers and are in general poor workers you put them on probation (privately)and set up rather harsh rules to get them back up to speed.
Do you really think he spent 2 years investigating? I doubt it. He probably quearyed the email server for 2 years worth of emails and combed thru it highlighting the most frequent addresses and went from there. Maybe an hour tops.
Nobody is entitled to a job, you do a good job for your customers, your boss and your peers in order to keep it. You don't have to like any of those three, but you still need to work for them all.
I think you are over-simplifying the legal issue. Every person should assume that what they do on a work computer can and willl be monitored. It was not a private computed. I feel badly for them, but look at Pettyjohn v. Unemployment Compensation Bd. of Review, 863 A.2d 162 (Pa.Cmwlth.,2004).
A pocket pussy some whips and chains and maybe a pink tutu with some balay slippers.
This is because allentowns realestate preditors are spreading there wings some more as if they havn't already? They just want incompatant people working in these areas so the political people can do there back room deals!!!!!!!!
The Pettyjohn case involvwes a clear policy and one in which employees are on notice that immediate terminsation is the result. This is distinguishabe in that the policy is by no means clear. In fact, the County has spent time revising its policies over the past several years so that nobody knows what the hell is going on. And everytone violates the policy. You can't fire perople for doing what you yourself do. It will never hold up.
what is the average pay for the worker bees in this department?
bo9;57
u missed the point, as your usual blinded sight does. I was vilifying u not stoffa
Your interpretation of the law has gotten you far in your legal career Bernie. So let's all bet the farm on their reinstatement.
that's a fair point
This sounds like a complete mess with some boss trying to be vindictive. This case should be simple as the atty will file a motion under open records law of all county employees and it will prove the 99.9% of emoyees have emails that violate this policy. Then the county will lose, have to pay legal fees and damages, as well as offer these employees their positions back. Sad that a rouge administrator would do this and end up costing taxpayers lots of money and embarassment.
I say the County Executive should step in and straighten this out now and saw money and embarassment.
Connie the old HR director rewrote every county policy before she later sued the county for hundreds of thousands. This specific policy will hold 99.9% in violation of it.
Again though it is the leader, county exec, John Stoffa who must right a wrong by another of his underlings.
Any attorney that would take this case deserves to be in Bernie's "Lawyer's Hall of Shame." Maybe the Otter will swim upstream to sue the county again. And while he is at it Larry should sue Bernie when he fails to reveal his sources. How did he get priveleged information on a personnel matter anyway?
You go bernie,
He probably slept with the one doing the firing. What ever it takes to get the dirt on these political parasites.
We all know allentowns king has had a couple of local men in his bed more than once. He has got to cover his a$$ JP omaly the builder of his palace o sport have been fidlin with one another.
On inconsistent treatment, see Burchell v. Unemployment Compensation Bd. of Review
848 A.2d 1082 (Pa. Cmwlth., 2004) in which the court found that if the employees conduct was unreasonable (i.e. graphic) that alone may not be a defense.
If Northampton County doesn't have an employee computer policy, shame on them and I hope that is immediately addressed. The public trust is placed in employees and the idea of them checking facebook and reading personal work emails excessively on the public dime is offensive.
Please Bernie keep on this story and push Stoffa to do the right thing.
Sounds like this Archie character has some ax to grind and is selectively singling out these employees.
You should ask to see his emails and then maybe we will get the scoop.
Sounds to me that there is more than meets the eye to this story.
This guy has allegedly been known to playing pocket pool on county time.
", see Burchell v. Unemployment Compensation Bd. of Review
848 A.2d 1082 (Pa. Cmwlth., 2004) in which the court found that if the employees conduct was unreasonable (i.e. graphic) that alone may not be a defense."
1) If this case goes to union arbitration, those cases won't mean very much.
2) What is unreasonable?Is it graphic communications between an employee and her ex-lover? Or is it the employer who snoops arounf the private lives of these employees, like a peeping Tom?
"Your interpretation of the law has gotten you far in your legal career Bernie."
I lost my law license for unethical behavior, not stupidity. If that were a basis for disbarment, half of our attorneys would be gone. Now go take your drug cocktail.
"Larry should sue Bernie when he fails to reveal his sources" There are no secrets at the Northampton County Courthouse. Within minutes of the firing, it was all over the place. But go ahead and have Larry sue me. Last time he did that, he (and you) were bounced out of court in a day. Remember? I'll be reminding both of you soon enough of your malicious prosecution.
"what is the average pay for the worker bees in this department?"
It's quite low, although I do not have the exact figure. I will try to get that tomorrow.
That is a lude and obsene act in public, not only fired but also charged.
Bernie I can say they two employees were never disapline for the stuff they were fired for. Archie and HR took it apone themselves to clean house. We they don't think before they act . Archie is so busy looking at employee's emails not understanding what the offices of civil, crimnal, wills and orphans really do. He leaves work before3:00 at lesst once a week. All I can say is the girls in wills and orphans have been under stress since Dot left, and they all are hard working every day as they watch the work pile higher and higher. Stoffa better look closer at Archie's handling of county employees.
Could be a type of syber stalking. Is this in his job description or was this crime commited on county time? This is a criminal offense at the cost of the tax payers!
I'm sorry, but I can't get past the notion that Archie would actually read the emails between two women in his office and their boyfriends or ex-boyfriends. I don't believe he needed to do that and am creeped out by it. I do consider it an invasion of privacy. Like I said, the County might find that it has some of its own explaining to do.
Your stupidity was self-apparent in your disbarrment.
Since it's not apparent to me, it's obviously not "self-apparent." Now go take your drug cocktail or practice shooting your gun or casting spells or whatever you do.
Average wage is around $12.40 per hour. A living wage for a one adult, one child family is $17.95 in this area.
Bernie, you have let Ron Angles hatred of this man influence you.
Actually, I make my own judgments concerning other people, and always liked Archie. I never went along with Angle's attempts to eliminate him, although I think the position should be abolished when the next Exec goes into office and placed under the courts.
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