Posted on Sat, Apr. 26, 2008

Cabinet officials 'hypocritical'

JUDGE'S COMMENT COMES IN WHISTLE-BLOWER CASE

By Valarie Honeycutt Spears

VHONEYCUTT@HERALD-LEADER.COM

Fayette Circuit Judge Pamela Goodwine called Kentucky Cabinet for Health and Family Services officials "hypocritical" Thursday and warned them not to intimidate or confront a state social worker who has filed a whistle-blower lawsuit.

Goodwine stopped short of issuing the restraining order against cabinet officials that state social worker Jami Hall had requested.

But the judge strongly criticized the actions of Hall's regional supervisor, Grace Akers, who brought a Lexington police officer to Hall's home March 28 to ask about the whereabouts of 58 case files and to give her written reprimands.

Hall was on medical leave resulting from work stress that day and remains on leave, her attorney, Shane Sidebottom, said Thursday.

"There was a scene made that was totally unnecessary," Goodwine said in court Thursday. "I do not want this lady contacted, except through counsel."

Cabinet attorney Ronald Crawford said the 58 case files Akers sought are still missing. He said they contained reports of children who had been abused and neglected. Sidebottom said Hall does not have the files and does not know where they are.

Cabinet spokeswoman Vikki Franklin said the missing cases are documented elsewhere in the department's records and are being reassigned to other workers.

Getting the case files was paramount to ensure the children's safety and confidentiality, cabinet officials said in court documents.

But Goodwine called the cabinet's stated concern over the children "hypocritical."

Hall sued her supervisors in Jessamine County in November, saying they retaliated against her because she cooperated in state investigations of office misconduct, including failure to investigate abuse and falsifying documents.

Sidebottom told Goodwine that other employees in the Jessamine County office say they have been intimidated by supervisors because of their support for Hall.

Goodwine said in court she would take strong action against the cabinet "if I get any concrete information that it has happened."

Crawford told Goodwine "there has been no intimidation."

In court documents, cabinet officials said Akers took a police officer to Hall's home because Hall's husband had pleaded guilty in Fayette District Court in 2006 to fourth-degree assault and third-degree terroristic threatening.

Sidebottom said the charges against Hall's husband were irrelevant to the lawsuit.

Meanwhile, Franklin, the cabinet spokeswoman, issued a response to Goodwine's admonitions in court:

"We are pleased the court denied the motion, and we understand and appreciate the court's concerns."