Tuesday, November 7, 2017

Public Statements by the Whistleblower

Public Statements by the Whistleblower

Whistleblowers disclose and then suffer the consequences.  But they – especially the small-time sort –seldom reveal much about their experiences outside of court documents.  Daniel Binswanger is different.

Binswanger was hired in September 2016 to be director of business development at the Port of Port Angeles (Washington).  He was a long-time business consultant who had little experience in public organizations, but he was a local and enthusiastic

Things did not go smoothly for him.  On January 26, 2017, his boss, Karen Goschen, laid out to the Board of Commissioners her problems with Binswanger.  He was insubordinate.  He undermined her by saying she didn’t understand how an entrepreneurial operation like the Port worked.  In addition, his work was unsatisfactory.  He failed to give her a list of priorities although she had asked repeatedly.  He didn’t meet deadlines.  He didn’t work well with the team.  It seemed she had pretty good reason to discipline and even fire him.

Except that on January 20 and 23 Binswanger had complained to the HR Manager, Holly Hairell, about Goschen.  He said she created a hostile workplace.  He also warned that a lease signed before he started charged a nonprofit less than the market rate, which was an improper government action.  On the evening of the 23rd Hairell talked to the CFO; the CFO talked to Goshen; and Goschen put Binswanger on a paid administrative leave.  Goshen fired him a week later.  It sounds as though Binswanger was a whistleblower and then suffered retaliation.

But that’s not how the Washington State Office of Administrative Hearings saw it.  The judge noted that the Port’s investigation found no improper action in the contract since the lease rate was very close to market.  She thought the Port had valid reasons to fire Binswanger, who had not mentioned being a whistleblower until after he was put on administrative leave.  For the whistleblower, Washington is a tough place with few protections against retaliation.

In some ways Binswanger was a typical small-time whistleblower.  The amount at stake was modest – $634 per month and just 7% of the lease amount.  He and his boss weren’t getting along before he raised the lease issue.  There were two sides to the story, and authorities chose to believe the other account.  He suffered but lived through it.  Now he appears to be back at his consulting business.

What is unusual in Binswanger’s case is that he uploaded to docdroid files documenting his experience.  That enabled the Peninsula Daily News to publish a long article about his experience.  He also posted a harsh rendition of the events to a local blog dedicated to Port Angeles news.  Then he made critical comments on a more recent Daily News article.

Big-time whistleblowers, like Daniel Ellsberg, Edward Snowden and Chelsea Manning, can tell their stories in depth and people listen.  Books are published about them.  But small-time players’ stories elicit scant public interest[1].

We often have good reasons not to air our stories in detail.  Public revelations can inspire the companies to threaten lawsuits, as HomeFirst did to me.  Talking out of court can complicate litigation and our negotiation of a rich payoff.  Discussing the case is barred in the nondisclosure portion of any settlement agreement, like the one HomeFirst proposed to me.

Also, the more we discuss our claims, the more trivial they can seem.  Undercharging rent by $634/month, even if true, doesn’t rank as an egregious crime.  My investigating whether clients working in the HomeFirst kitchen had State-issued food hander cards didn’t compare to Karen Silkwood’s investigation of nuclear power plant safety.  But our minor allegations led to terminations for Binswanger and me.

Finally, talking about your case without the discipline provided by an attorney can make you look a little crazy.  You can appear bitter – possibly with good reason – as Binswanger does in his blogpost and his comments to the Peninsula Daily News nine months after he was fired.  Or you can seem obsessed as I might be after 116 blog posts, this one published 3½ years after I was fired.

Those of us who have blown whistles on our employers may eventually realize we need to be a bit irrational to stick with our projects.  The years they require.  The ambiguities we work through.  The costs we put up with.

There is father-son team, both of whom were relatively minor whistleblowers.  They put up a website offering support to whistleblowers.  Theirs lacks the sophistication of, say, National Whistleblower Center and Government Accountability Project.  And the pair’s resources are miniscule.  Still, they’ve been volunteering their advice for nearly twenty years. 

They make a helpful suggestion after responding to thousands of emails: “Know when to let go and wisely move on!”  That’s what they say, but they didn’t let matters drop either.



[1] One book by a small-time whistleblower: Joy, Amy Block. Whistleblower. Point Richmond, California: Bay Tree Publishing, LLC. 2010

No comments:

Post a Comment