[Vision2020] More: Oxycodone Gate

[Art Deco]

Below is an article from today's *Daily News* on Oxycodone Gate.

I have no idea what course the investigation has taken or any findings that
may be made.  Most of us eagerly await the release of the investigative
report to see the results.

Another element of the discussion on this issue has arisen.

"Shambaugh and Kimberling also allege they felt intimidated and threatened
to keep quiet during meetings they had separately with Carscallen and
Button the day after the incident."

If the whistleblowers were discouraged or threatened to prevent them from
going to law enforcement with their concerns of a possible crime by
Carscalen and/or Button, then the question of whether a criminal conspiracy
has occurred arises.  And if such intimidation occurred, then clearly
besides other issues of bad judgment in not reporting the incident
immediately to law enforcement, and its reflection of incredibly bad
management practice, the tort of creating a hostile work environment
appears to have occurred, especially if punitive measures were threatened
and/or taken to silence the whistleblowers.

The legal issues in this case are complex, and especially so since evidence
was ordered to be removed/destroyed and the amount of time that elapsed
before the city was compelled by the investigative reporting of the *Daily
News* and its aftermath to finally notify law enforcement.  Let's hope
sufficient facts were discovered in the investigation to add at least some
clarity to this matter. The name of Gary Riedner, Moscow City Manager, can
now be add to those of Dan Carscalen and Ed Button in this
coverup/mismanagement of the scandal.

Thanks again to the *Daily News* for their role for keeping attention on a
problem that without their diligence would have remained swept under the
rug.  Illicit narcotics use by an ordinary citizen is bad enough, but such
alleged use by a resident emergency responder and the subsequent coverup
and intimidation of the whistleblowers is a serious issue of public safety
and public health.  If any of the buzz is correct, this incident may be
just the tip of an iceberg.

w.
_______________________________
Sheriff's office plans to finish investigation this week

* Staff report | Posted: Wednesday, May 23, 2012 1:00 am *

The Nez Perce County Sheriff's Office expects to complete its investigation
related to allegations of a drug cover-up at the Moscow Volunteer Fire
Department by the end of the week.

Complaints filed with the city by volunteer firefighters Bonnie Shambaugh
and Emily Kimberling allege they found suspected drugs and paraphernalia in
a resident firefighter's desk Feb. 14. They say they were told to "treat
the drugs like a bottle of whiskey, and give (the firefighter) the
opportunity to get rid of it," by on-duty fire command officer Dan
Carscallen under orders by Fire Chief Ed Button.

Shambaugh and Kimberling also allege they felt intimidated and threatened
to keep quiet during meetings they had separately with Carscalen and Button
the day after the incident.

To avoid conflict, City Supervisor Gary Riedner said he authorized Moscow
Police Chief David Duke to seek an outside law enforcement agency to
investigate the claims.

Nez Perce County Chief Deputy Alan Johnson said the investigation should be
wrapped up by the end of the week and the report will then be forwarded to
the Latah County Prosecutor's Office for review.

Prosecutor Bill Thompson said he will check the investigative report first
for any potential conflicts of interest and proceed with reviewing it for
potential action if none are found. If a conflict is determined, he said he
would seek another prosecutor's office to take over. The report is not
expected to be released to the public until a decision has been made,
Thompson said, adding he is unsure how long the review process will take at
this time.

"It's really difficult to predict until you actually see the referral,"
said Thompson.


-- 
Art Deco (Wayne A. Fox)
art.deco.studios at gmail.com
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