Sunday, November 27, 2016

Small Potatoes

http://smalltimewhistleblower.blogspot.com/2016/03/8th-issue-food-handler-cards-failure-of.html
Small Potatoes

Major whistleblower successes dominate the stage: domestic and international communications surveillance systems, Vietnam War deceptions, frauds committed by major corporations such as Enron, WorldCom, and more recently Wells Fargo, and large-scale public safety dangers created by corporations like GlaxoSmithKline and several other pharmaceutical companies.  Many of the misdeeds disclosed by small-time whistleblowers are substantial and deserve broad interest, but more often they are of vanishing public interest, the stakes involved are quite small, and their villainy is far from terrible.

Misdeeds identified by small-time whistleblowers can suffer from two sorts of deficits. The wrongs might be fairly perceived as trivial by most outsiders.  Calling insignificant a disclosure that led to the whistleblower’s suffering retaliation, even causing him to lose his job, is no rejection of the whistleblower, but only of any heroism that might be otherwise attributed to him.

Among whistleblower cases picked up by news media recently, several of the misdeeds several lacked clear social significance even if the lawsuits over the resulting retaliation deserved attention.

-          James Cleavenger disclosed that University of Oregon police officers made up vulgarly named lists of people they disliked – from Hilary Clinton to campus bicyclists. 

-          James DeNofrio complained that the director of the VA Medical Center where he worked seemed to be suffering from dementia.

-          Addison Entmeier reported that the city’s police department was abusing its overtime system.

-          Michael Hames complained that he was told to sandbag his boss’ house before a storm rolled in.

-          William Plouffe blew the whistle on his university’s hiring of an unqualified teacher who was the friend of a department chair.

These are all legitimate complaints but they do not reach the heights of heroism exhibited by Edward Snowden or Daniel Ellsberg.  In many cases, valid whistleblower complaints do not involve great harm to many persons; they may simply involve some stupid management screwing around. 

In many cases, an outsider might have trouble being sure that the perceived misdeed was not just a misunderstanding.  Was it an age bias or really dementia?  Were the legitimate qualifications missed?

In its latest semi-annual report on whistleblower activity, the County of Santa Clara listed 58 complaints.  They included worries over favoritism, bad hiring practices, an unpopular training program, poor responsiveness in a department, an employee’s impersonating a former employee, staff colluding to make County contracting difficult, and so on.  The County decided that it received so many inconsequential calls on its whistleblower hotline that it will spend $600,000 to rework the process and make it more responsive.

A few of my complaints were demonstrably insignificant.  Take the food handler card issue, for example.  To get a food handler card, you suffer a brief on-line course, pay $10 to take a short test on food safety factors, and get the card.  Maybe you prepare food a bit more safely in the kitchen or carry trays more cautiously to clients; or maybe not so much.  There is little point arguing that blowing that particular whistle was an act of great moral courage.

Some of my complaints could have been the result of misunderstanding the facts (although I don’t think so).  The bid collusion that I complained about, triggering Board members’ decision to fire me, might really have been innocent, as the CEO contended.  The payroll issues – the allegedly unpaid minimum wages and payroll taxes – might not have been problems at all if the clients involved did not qualify as employees.  We don’t really know since the U.S. Department of Labor, the State, and the City of San Jose all ignored my complaints.

I filed official complaints on ten different issues that appeared to me to be violations of laws, regulations, and contracts.  For two and a half years after I was fired, those complaints have resulted in no real changes in behavior by or retribution for HomeFirst.  And arguably no discernible harm to society from the alleged wrongdoing.

Edward Snowden admitted that his greatest fear was that nothing would happen as a result of his disclosures.  But that is the fate of most small-time whistleblowers[1]: they disclose, they suffer retaliation, and the world continues to rotate just as it did before.

That probable futility offers good reason for people like Tom Devine of the Government Accountability Project to try first to talk potential whistleblowers out of it.  Encouraging potential whistleblowers to reconsider makes good sense because, as Alford observed[2], they often feel compelled by the sense of a “choiceless choice.”  They believe, almost religiously, that must come out as whistleblowers[3].  

We whistleblowers would do better to shift away from our “moral narcissism” (Alford) and understand our actions from a reasoned distance, evaluating our tactics in ways that recognize the power of our adversaries and our own limited capabilities.  I think we should still act, but carefully, and accept that no one promised us justice.





[1] Alford, Charles Frederick.  “What Makes Whistleblowers So Threatening? Comment on ‘Cultures of Silence and Cultures of Voice: The Role of Whistleblowing in Healthcare Organisations.”  International Journal of Health Policy and Management.  5.1 (2016): 71-73
[2] Alford, C. Fred. Whistleblowers: Broken Lives and Organizational Power. Ithaca, NY: Cornell University. 2001
[3] For example, Brandon Coleman (who was advised by Devine at GAP) Glenda Martin, Valerie Riviello, Jeremy Romero, Tammie Taylor, Trish Williams, and Martin Woods

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