Indiana District Chief Claims Transfer From Line to Staff is Illegal

An Evansville, Indiana district chief has filed suit in federal court claiming his reassignment from a line position to a staff position as the department’s health & safety officer was retaliation for his bringing to light certain payroll/overtime related improprieties.

District Chief Keith Jarboe filed suit last Thursday, naming the city of Evansville, the Evansville Fire Merit Commission, and Fire Chief Mike Connelly. Chief Connelly is sued personally and in his capacity as fire chief.

Chief Jarboe claims that his July 10, 2014 transfer was intended as punishment and retaliation for his having brought to light “improper activities of the Chief and his Assistant Chief of the Fire Department”. According to the complaint:

The [City of Evansville] Resource Management System, commonly known as RMS…. exposed that on January 1, 2013, fifty-six (56) hours of unused vacation time were placed into the Defendant’s, Chief Mike Connelly, Converted Time Bank in violation of Policy 200.009…

Chief Connelly’s actions further violated Article XXX of the Contract… between the Evansville Fire Department and the Union, which required an individual’s time bank to be at zero (0) before any vacation time could be transferred into the Converted Time Bank all for the benefit of the Chief and the Assistant Chief.

The Plaintiff discovered at that exact time that Assistant Chief Paul Anslinger converted fifty-two (52) hours on January 1, 2013 into his Converted Time Bank along with District Chief Dan Graham having fifty-two (52) hours placed in the Converted Time Bank, all in violation of the Policies of the Fire Department and their Contract with the Union.

The Plaintiff then provided this information to Larry Zuber who filed the report of these violations with City Councilman John Friend.

The complaint attributes Chief Jarboe’s transfer to his efforts to expose the alleged misconduct. It cites violations of the First Amendment and the Indiana Constitution, as well as the Indiana “Whistleblower” statute Indiana Code §36-1-8-8.

Interestingly, the Indiana Whistleblower statute expressly prohibits any transfer or reassignment of a whistleblowing employee, stating:

(a) An employee of a political subdivision may report in writing the existence of:

       (1) a violation of a federal law or regulation;

       (2) a violation of a state law or rule;

       (3) a violation of an ordinance of a political subdivision; or

       (4) the misuse of public resources;

first to a supervisor or appointing authority, unless the supervisor or appointing authority is the person whom the employee believes is committing the violation or misuse of public resources. In that case, the employee may report the violation or misuse of public resources in writing to either the supervisor or appointing authority or any official or agency entitled to receive a report from the state ethics commission under IC 4-2-6-4(b)(2)(G) or IC 4-2-6-4(b)(2)(H). If a good faith effort is not made to correct the problem within a reasonable time, the employee may submit a written report of the incident to any person, agency, or organization.

(b) For having made a report under subsection (a), an employee may not:

     (1) be dismissed from employment;

     (2) have salary increases or employment related benefits withheld;

     (3) be transferred or reassigned;

      (4) be denied a promotion that the employee otherwise would have received; or

      (5) be demoted.

Here is a copy of the complaint: Jarboe v Evansville

Here is more news coverage about the suit.