Was a whistleblower placed on administrative leave?

April 25, 2017

By KAREN VELIE

Less than a week after the superintendent of the South San Luis Obispo County Sanitation District reported that the district had violated the districts bylaws and purchasing policy, the administrator placed the superintendent on paid administrative leave.

On March 2, Superintendent John Clemons sent an email to Wendy Stockton, an attorney working for the sanitation district, asking her to look into possible violations of the districts bylaws, purchasing policy and personnel policy. Specifically, Clemons questioned a $40,000 expense for an investigation by an outside firm that was not brought before the board or included in the budget.

“According to District bylaw 7.2, no singular board member can authorize an expenditure like this,” Clemons writes in his email. “This purchasing policy may have been violated in that this item was sole-sourced without board approval. Another concern is that there is currently another investigation being conducted without consideration or funding by the board.”

Four days later, on March 6, plant Administrator Gerhardt Hubner placed Clemons on paid administrative leave for reasons he has not yet disclosed to the public or to Clemons.

In addition, in early February, Clemons filed a grievance against Hubner alleging the administrator’s behavior violated the sanitation district’s code of conduct rules. An investigation into that allegation is ongoing.

“The circumstances speak for themselves,” Clemons responded when asked if he felt his complaints led to his forced leave.

Government employees are often placed on paid administrative leave after allegations of criminal activity or questionable events.

Aside from issues with Clemons confrontation between former board member Mary Lucey, her wife Nancy MacNeal and Clemons in early January.

On Dec. 21, outside a sanitation district board meeting, Lucey and MacNeal approached Clemons and Lin Hill allegedly to chastise Clemons for purchasing a washing machine for the plant.

Three witnesses, Clemons, Lin Hill and Ron Arnoldson said that Lucey and MacNeal were screaming at Clemons. Following the altercation, Lin Hill informed the board and sanitation district counsel that Lucey had threatened Clemons, but no action was taken.

Shortly afterwards, Lucey and MacNeal contacted the San Luis Obispo County Sheriff’s Department and filed a report claiming that Clemons had threatened MacNeal.

After the sheriff’s department looked into MacNeal’s allegation and found no reason to investigate, without seeking board approval or determining the cost, sanitation district board President John Shoals contracted with an outside agency to do an investigation. Shoals did not respond to requests for comment.

Hubner has not responded to questions about the timing of the forced leave, district policy’s regarding paid administrative leave and allegations of possible retaliation.

Meanwhile, the district is paying Clemons approximately $8,500 a month to remain on paid administrative leave while also paying another employee to cover Clemons responsibilities at the plant.