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Burlington Iowa Letters to Falcon West Burlington

Break Law & Be Rehired To State Job

Falcon:

Nothing like working for the state, getting fired for drunk driving and the second time for being fired again for substance abuse and then being rehired both times.  Funny the state would appoint a convicted drunk driver to investigate the Burlington boat accident involving alcohol last summer where people are being charged for operating boats while legally drunk amongst other charges.  Only working for the state would people like Mr. Kay get chance after chance to keep his job and end up investigate a case where he has been guilty of drunk driving himself and according to the state in a boat or a truck there is no difference.

When it comes to government and unions there’s no shame or morals between democrats and those that commit offenses resulting in their firings.  Since the Iowa senate is run by democrats the governor has no way of cleaning up the special interest relationship between the government unions and democrats that result in the rehiring of fired workers that wouldn’t happen in the private sector.  Democrats aren’t about to cut off their union money when election time rolls around regardless of its moral implications.

So, the policy in Iowa is to just sweep state employees records under the rug when they commit offenses resulting in their being fired.  Sounds like the state believes no one is replaceable in the group known as the “Privileged Class” in Iowa, state employees.  Lifetime employment no matter what has happened to break the public trust with the taxpayer.  These people are paid by the taxpayer and not some bureaucrat up in Des Moines or the democrats.

According to Mr. Kay there was good reason he was hired back but of course that can’t be made public; so isn’t that extraordinarily convenient for Mr. Kay, something that can only happen in state government designed to protect the “Privileged Class” in Iowa while keeping the democrat campaign money flowing.

The following article about Mr. Kay was published in the Des Moines Register.

One of those is Paul Kay, a state conservation officer in Des Moines County who has been fired twice — and returned to his job twice — in the past five years. Five other state workers have been fired twice for just cause, according to Department of Administrative Services records.

Kay was fired in February 2008 for driving drunk while off duty. But he was reinstated through a settlement agreement with the state that included a 30-day suspension and his agreement to abide by the department’s substance abuse policy.

Kay’s second firing came in June 2009 — for a violation of the Department of Natural Resources substance abuse policy, according to his unemployment benefits appeal.

Records show Kay and another DNR employee who was not named in state unemployment records were at Catfish Bend Casino in Burlington when the co-worker helped himself to beer at a casino bar that had closed after 2 a.m. Kay consumed a portion of the beer — then both were removed from the casino by a casino security employee. Kay was later charged with theft, state records show.

Court records show that fifth-degree theft charges
against Kay were dismissed later that year. Kay, 38, is still employed with the state after appealing his firing to an arbitrator.

He declined to discuss the situation with the Register.

“There was a good reason to be reinstated, but I don’t want to say,” Kay said.

The Iowa State Police Officers Council, Kay’s union, argued during arbitration in 2010 that Kay was an exceptional officer. Kay’s actions at the casino did not rise to the level of substance abuse, the union said, according to arbitrator records.

DNR spokesman Kevin Baskins declined to discuss Kay’s case. However, arbitrator records show the state defended its decision to fire Kay, saying he “brought discredit and embarrassment to the department.”

Arbitrator Jeffrey Jacobs said the question of whether Kay violated the substance abuse policy was “thorny,” but he ruled the incident did not undercut Kay’s ability or job performance.

His legally binding decision was to give Kay his job back.

DS