Friday, March 10, 2017

Roles Overrule Reason

Roles Overrule Reason

Daryl DuPage began working for the Clay Township, a 9,000-resident community about 50 miles northeast of Detroit, around 1990.  He became Chief, the only full-time employee, of its Fire Department in 2002.  In 2014, he obtained a two-year, $691,980 federal grant from FEMA for additional fire fighter staffing in the Township.

In January 2016, the Township Clerk sent DuPage detailed expense information to present to FEMA for reimbursement under the new grant.  DuPage questioned the Clerk’s inclusion of $16/day/firefighter ferry fees for the trip to nearby Hansens Island, which he believed were not allowable under the terms of the grant.  The following quarter’s billing information did not include expense details, but in July DuPage again saw that ferry fees were included in the charge, even for firefighters who lived on the island and had not taken the ferry. 

On November 28, 2016, DuPage had a long conversation with the Clerk about how she had handled ferry charges and allocated health benefits.  He told her that her accounting for the expenses was wrong.  Then he approached Township Trustees to complain about the matter.  On December 12, he was fired because, he was told, he didn’t get along with anybody.  DuPage filed his wrongful termination suit against the Township on February 2, 2017.

Whistleblowers are often associated with big events – mass surveillance systems (Snowden), government deceptions about wars (Ellsberg & Manning), Big Tobacco’s efforts to make cigarettes even more addicting (Wigand), vast financial deceptions (Watkins at Enron).  But most whistleblowers’ complaints involve smaller matters.  Sometimes so small that interest in them nearly defies explanation.

DuPage confronted no great moral issue in his complaint about charging (maybe) a few thousand dollars a year of ferry fees to the grant.  He was no financial expert; he had little experience with government grants; he could have simply excluded the ferry fees from the reimbursement requests that he submitted to FEMA.

The relative insignificance of Dupage’s disclosure is not unique.  The majority of whistleblower accounts that have been reported over the past year are ambiguous examples of wrongdoing.  My own claims of HomeFirst’s misdeeds were disputed, and few were officially decided against HomeFirst.  Some were wrongs that I might have corrected myself[1], as DuPage could have done in his situation.  HomeFirst’s food handler card violation was even less significant than the Clay Township ferry fee misbilling.

On the other hand, DuPage’s complaint, each of mine, and those of other whistleblowers were based on honestly formed opinions of organizational violations of laws or contracts.  The organizations’ claims that they did not commit wrongs or that the actions were appropriate should not surprise anyone.

History presents many cases of far more offensive actions whose perpetrators considered them perfectly justified.  Serbian Slobodan Milosevic, who caused the deaths of more than 200,000 Croats, Bosnian Muslims, and Albanians in the 1990s, claimed repeatedly that he only responded to past aggressions against innocent Serbs.  In interviews, dictators – including Idi Amin, Jean-Claude Duvalier, Mira Markovic, and Jean-Bedel Bokassa – claimed that their crimes against their citizens were done for the good of their countries[2].  The narrative of the powerful – whether big- or small-time – includes a denial of guilt and a reframing of its accuser’s complaint.

After I admitted that I had disclosed two suspected violations, HomeFirst’s attorney advised the Board that I was following the standard steps for whistleblowers.  Shortly before firing me, the HomeFirst CEO told the Board that I was only trying to protect my job by setting myself up as a whistleblower.  Later, in its defense against my claim of retaliation, the HomeFirst attorney claimed that I was just crying whistleblower to escape the consequences of my own misbehavior.

It can be difficult to separate our “real” motivations from motivations implicit in the increasingly popular whistleblower role we fill.  Google searches of “whistleblower” have doubled over the past ten years, attesting to the attraction of the whistleblower narrative.  Edward Snowden won awesome fame just five months before I decided to become a whistleblower myself.  The whistleblower-protagonist can be an attractive role, especially to someone, like me at HomeFirst, who has become dissatisfied with the organization for any of a multitude of reasons.

The organization’s managers, too, find a role to play.  Within a few hours of my informing the HomeFirst CEO that I had disclosed potential violations to government agencies, the chair of the Development Committee declared that my disclosures amounted to insubordination, an argument that the CEO praised.  The job of the CEO and Board was to protect the company from enemies, and I was destructive of it, their attorney advised.

In our respective narratives, we have our quests – to do the right thing or to protect an indispensable organization; we encounter obstacles along our way; we have second thoughts about our undertaking; and we persist.  In so doing, we create ourselves[3].

There was no good reason why DuPage should have been fired for making much of the ferry fees.  Not after working for the Township for more than 25 years and recently obtaining a large grant to expand its services.  Nor was there good reason why DuPage should have been made a big deal out of the expenses.  They were no fodder for a splashy False Claims Act lawsuit.  They were trivial, and he might have gotten it wrong anyway.

There was no good reason for HomeFirst to fire me.  I was possibly months or at most a couple of years from retirement anyway.  I was generally competent and efficient, even if not always lovable.  HomeFirst came to no harm from my complaints, and they broke the law with my termination.  Nor was there great reason for me to go as far as I did reporting possible violations externally.  I had raised them often enough with the Board.  I might have gone on doing so without the public being injured.

Still, we fell into our roles – attracted by their popular images and impelled by our discomfort for life as it was – we blew whistles and were fired; they took offense and retaliated.  Reason and ethics had little to do with it.



[1] I could have repaid the amount I overbilled the County of Santa Clara, or I could have refused to bill ineligible expenses on contracts requiring master leases.  Either action could have caused the company’s financial collapse, and I could have reasonably expected to be fired as a result.  But I could have done it.
[2] Tavris, Carol and Elliott Aronson.  Mistakes Were Made (but not by me): Why We Justify Foolish Beliefs, Bad Decisions, and Hurtful Acts. New York: Harcourt, Inc.  2007
[3] Bruner, Jerome.  Making Stories: Law, Literature, Life.  Cambridge: Harvard University Press.  2002

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