Washington County fires whistle-blower; grievance filed

FAYETTEVILLE -- Washington County's Road Department has fired an employee who repeatedly has pointed out mistakes made within the department.

George Braswell, a heavy equipment operator since 2013, was fired Tuesday. He filed a grievance request Thursday asking for his job back and monetary compensation. Under county policy, that changes Braswell's termination to a suspension until the grievance is resolved, County Attorney Steve Zega said.

At A Glance

George Braswell was hired as a heavy equipment operator by Washington County Road Department in 2013. He filed a federal rights civil lawsuit against the county in 2014 after he pointed out construction flaws in two bridges. Braswell said in court documents he was retaliated against by county officials. On Tuesday, he was fired after the county attorney and an outside attorney concluded there was legal basis to terminate him. At the time of his firing, Braswell earned $13.43 an hour.

Source: Staff Report

"I have continued to blow the whistle (and I have been correct!) and the county officials do not like it," Braswell wrote in his grievance form. "My termination is based on pretext alone. It is retaliation."

Zega said he couldn't release Braswell's personnel file. Information about why Braswell was fired, including a memorandum presented to Braswell, wasn't released.

Braswell's attorney, Josh Bailey, said Friday the department has repeatedly retaliated against Braswell for pointing out ongoing problems. Bailey said the county fired Braswell out of fear.

"(County officials) are tired of him putting them under the microscope," Bailey said. "The only thing they are afraid of is that he will continue to put a spotlight on misconduct in the county Road Department -- that's why they fired him."

Braswell spoke up about poor construction on two bridges and employee safety concerns in 2014. He also sued the county, saying after he spoke up he was moved to a different crew, bullied and received a sudden negative employee review.

The case is under appeal after a federal district judge said the county didn't have qualified immunity. Now, Bailey said he and Braswell are considering all legal options, including a new federal civil rights lawsuit against the county.

Justice of the Peace Eva Madison, a Democrat representing northeastern Fayetteville, questioned whether firing Braswell is a mistake. Braswell gave the Quorum Court truthful information, she said.

"When you have a whistle-blower employee who has been right time and time again -- I don't think you should fire him," Madison said.

The county needs employees willing to stand up and say when something is wrong, said Justice of the Peace Tom Lundstrum, a Republican representing north-northwestern Washington County.

"I don't know Mr. Braswell," Lundstrum said. "I do know he's given us pretty accurate information."

Road Department officials have looked for ways to fire Braswell for a while, Lundstrum said. People often don't like to hear complaints, and those complaints probably cause problems for some people, Madison said.

Braswell recently complained about gender and age discrimination at the Road Department, according to his grievance form. He complained about racial slurs and derogatory comments about gay, bisexual and transgender people, he said.

In March, Braswell told justices of the peace the Road Department didn't seek Quorum Court approval before starting to build a dirt pit on property owned by the bridge superintendent's family members. Superintendent Charles Ward and Assistant Superintendent Brian Phillips told Quorum Court members they made a "mistake."

Braswell also raised questions about soil quality in the same dirt pit. County officials had a moisture-density test done on the soil shortly after concerns were raised. The test showed the soil is adequate for road fill.

In his 2014 federal civil rights lawsuit, Braswell said County Judge Marilyn Edwards, then-road Superintendent Donnie Coleman and two other supervisors harassed him after he raised safety concerns about Harvey Dowell and Stonewall bridges. He and three other employees said in lawsuits county officials retaliated against them for supporting Edwards' political opponent, too. The county settled two of those cases and another was dismissed this year.

Braswell's case could go to trial in about a year. The lull gives the county a chance to fire Braswell "without any justifiable cause," Braswell wrote in his form.

Email sent April 18 to April 29 show the county brought in an outside attorney to review information collected about Braswell. Attorney Thomas Kieklak said he reviewed a file at least a week before sending the county a response April 21. He told Zega he thought the county has a legal basis to fire Braswell.

Email between Zega and Kieklak also show Kieklak suggested a revision regarding Braswell's documents to say "Braswell continues to mistreat others, sow dissension in the workplace and violate county policy...he abuses the very purpose of the First Amendment by using it to continue to abuse others and keep them in fear and off balance."

Madison said, "It sounds like they are just tired of him complaining."

The Quorum Court's Personnel Committee will hear Braswell's grievance. No date has yet been set. Until then, Braswell's termination is pending the outcome of the hearing, and Braswell will remain on paid leave until then, Lindsi Huffaker, human resources director, said in an email.

On Friday afternoon, Zega sent Quorum Court members email saying he wants Braswell to have a fair hearing. He asked them not to investigate the firing. The county won't release details behind Braswell's firing to make sure justices of the peace aren't prejudiced before the public hearing, he said in email.

NW News on 04/30/2016

Upcoming Events