Mike Mason Exposes Questionable Hiring Practices in Lee County



Lee County Manager Karen Hawes

 A Four in your Corner investigation uncovers more questionable hiring practices at Lee County. The county manager has already ordered an audit into the Department of Transportation's hiring procedures after what we exposed. Now investigator Mike Mason finds Lee County *doesn't even have a policy* when it comes to advertising for job positions. Since we began our investigation, Lee County D.O.T. employees have complained about the county's hiring policies. For instance, late last year, brothers Shane and Jason Hinman were promoted as crew supervisors at the D.O.T. and both of their positions were only advertised for 3 days.


Many workers feel the positions should have been advertised longer. It’s one reason some D.O.T. workers feel supervisors are hiring their favorites and not giving other employees an equal opportunity. We confronted Shane Hinman about this last month and he said, “You'll have to take that up with Downtown man, I don't know, I couldn't tell you."

So we did take our questions Downtown. Lee County manager Karen Hawes told us Hinman's position should have been advertised longer saying, “It's not the norm.”

Lee H.R. Director Christine Brady

We then went to Lee County's Human Resource Director, Christine Brady, to find out what 'the norm' is. She told us the county's un-written policy is to advertise a position for about 3 days. We wanted to see the county's written policy but couldn't find it in the employee manual, or anywhere else.

Then Hawes sent us an email on July 15th stating the county's “Current policies do not require a minimum or maximum time for advertising a job position." So essentially the county can do whatever it wants to. Things are different in Collier County. Collier's policy requires jobs to be advertised on the county website, posted in all county facilities and available to the public on the county’s job hotline. The position must also be posted for a minimum of seven calendar days. The City of Cape Coral also requires jobs to be posted no less than ten calendar days or two weeks.

Darryl Plym has a big problem with Lee County's hiring policies. He was fired from D.O.T. last year when the Director at the time sent him a letter stating "Your position as Senior Equipment Operator at D.O.T Operations is being eliminated due to a reduction in workforce”.
But a few months later Plym’s old position was re-instated and someone else was hired. Even though the county said the job was being eliminated, for some reason it suddenly reappeared. The job was only advertised for four days before another person was hired. Plym says he had no chance of getting his old job back, "That's the way the county works it, if they want to get rid of somebody they will come up with any reason possible to get rid of you."
The audit into D.O.T is set to look into issues including the county's hiring policies. No word on when that audit will be complete but we will let you know.
To view the Fox 4 report click here: http://www.fox4now.com/news/toprotator/126149338.html

D.O.T delivers dirt to restricted Wetlands

Berner Home in Buckingham

LEE COUNTY - New information tonight about an investigation into Lee County's troubled transportation department. The state says county workers committed a major violation on protected wetlands. Our investigation already showed you how D.O.T. supervisors ordered workers to deliver hundreds of truckloads of *free* dirt to the Berner family in Buckingham.


Many D.O.T. workers became suspicious because hardly anyone gets that much dirt delivered to their home. That's when we exposed how the Berners are actually related to a D.O.T. supervisor and workers claimed D.O.T. was doing them special favors. Because of what we found state officials launched an investigation, The Department of Environmental Protection (DEP) took this aerial photo of the Berner home and found the Lee County D.O.T. delivered more than 12,000 square feet of fill material to a protected wetland.

Rae Anne Wessel has been an environmental expert for 27 years. She says wetlands affect the entire ecosystem; everything from endangered species to you and I, “ It’s a big deal and it affects everything going on up the food chain and it affects mammals not enough good quality water and the presence of water."

Rae Anne Wessel

The state determined the dirt delivered by D.O.T. is a *major* violation. Berner told them he added the fill he got from D.O.T. to the side of the pond so he could fish there. That area along the pond was historically open and feeding into a marsh system off the property into another wetland.

A photograph taken by D.E.P investigators shows the Eastern part of the pond in 2009 and compares it to how the pond looks after the Berners filled it in. Wessel says, "People feel like if they own property they should be able to do anything they want with it, the problem is this is a water supply we all share."

Documents show Berner filled approximately 12, 312 square feet of wetlands without authorization from the D.E.P. and the material all came from Lee County D.O.T. The Berners have been ordered to remove all of the dirt from the wetlands themselves and they can't count on D.O.T. digging them out of this one. Wessel says, "The fact of the matter is here's an individual for whatever reason didn't understand the importance of wetlands."

Florida's d-e-p is continuing to investigate. Code enforcement also launched an investigation into this and this issue will likely be reviewed as the clerk of court conducts his audit into D.O.T. Officials at D.O.T. say they are not liable for this and it's the homeowner's responsibility. D.O.T will continue delivering dirt to anyone who requests it whether they're in a restricted wetland or not. We will let you know how things turn out.
To view Fox 4 report click here: http://www.fox4now.com/news/125927308.html

DOT Whistleblower fears for job after coworker fired for talking to Fox 4

Steve Sherman - Fired DOT Whistleblower

I've spoken with dozens of disgruntled DOT workers, but Steve Sherman was the first one to go on-camera. He thinks the county is trying to send a strong message to whistleblowers.

Minutes seemed like hours as DOT worker Steve Sherman waited to find out if he still had a job.
Finally, Sherman and 2 of his supervisors were met by Stephanie Figueroa with Lee County's Human Resources, and that's when he got the news.  "They terminated me and wrongfully I may add." Steve Sherman says. Sherman was officially fired. Officials claim it's because they just realized Sherman violated several county policies. One of the policies included having his driver's license suspended back in 2004 for a DUI arrest, when his position required him to have a valid driver's license.

But documents show supervisors accepted this and re-assigned Sherman to a position that didn't require him to drive. Fox 4 asked Sherman if he thought HR even gave him a chance? "No this is a total railroad whitewash in my opinion, personally. They didn't even want to discuss item by item the material that I supplied them with last week." Sherman says. County officials claim Sherman was fired now because they decided to change his job title, and while looking through his records they found some baggage that was overlooked in his past.

Sherman says he was really fired because he spoke with FOX 4 about problems at DOT. Our reports prompted the county manager to order an audit of DOT. Sherman then filed for whistleblower protection.

"I think they're trying to instill a fear that if you speak out and you're not a team player in line with HR or the county managers, you're going to be out of a job.” Sherman says.

That has another DOT worker very nervous. I’m sure I'm next on the hit list." Bob Maxey says.
Bob Maxey also spoke out about problems at DOT and feels Sherman's termination will have a chilling effect on all county workers. "It's gonna scare the hell out of them it scares people and it's a sure way to shut people up." Bob Maxey says.

Maxey now plans to file for whistleblower protection himself. Maxey hopes county workers will stand together and speak up despite what happened to Sherman.

I asked Maxey why’s he decided to talk to FOX 4.
"Because someone needed to light the fire, buddy. Someone needed to let people know what was going on." Maxey says.
Sherman plans to sue the county if his job is not reinstated.
An attorney tells us that Sherman has a good case because he filed for whistleblower protection and the county terminated him for issues that seem very suspicious.
To view the Fox 4 report click here: http://www.fox4now.com/news/toprotator/125860983.html

Worker Fired for Blowing the Whistle after speaking with Mike Mason Fights Back

Steve Sherman

A DOT Whistleblower fired after speaking with Four in your Corner is fighting to get his job back. Today he met with county officials to plead his case and says he will sue the county if he doesn't get re-hired.
County officials claim Steve Sherman was fired because they were changing his job title and happened to look through his records and found some baggage in his past but Sherman says it's only because he blew the whistle on D.O.T. problems and now he wants his old job back.

Today Sherman prepared for his hearing with Lee County's Human Resources Department. He was fired on Wednesday and given just two days to refute the county's claims against him. He's now fighting to get his job back and his ammunition is a stack of documents.

Four in you Corner’s investigator Mike Mason was not allowed to attend the hearing but Sherman feels he presented a good case. He says, “ They can fire me any time any day but over these charges, no."
On Wednesday, Sherman was handed a document notifying him he was being terminated.Officials claim he violated county policies such as: having his driver's license suspended back in 2004 for a DUI arrest. His position required him to have a valid driver's license at the time.
But documents Sherman presented today show how supervisors accepted the circumstances of his arrest and reassigned Sherman to a position that didn't require him to drive. Sherman states, "That indemnifies me as far as notifying H.R. and notifying the county attorney who agreed to maintain me on the payroll in a limited working capacity back then."

The county also claimed Sherman failed to notify management after being arrested for violating an injunction in 2008. Today his supervisors provided written statements saying he *did* notify them.

Sherman says, "I presented all of this to H.R. today and they said they'd get back to me some time next week.” Sherman was fired just one day after he met with the Clerk of Courts office and requested Whistle-blower protection for speaking with FOX 4 and voicing accusations that D.O.T. officials use harassment, intimidation and are wasting taxpayer money.
Attorney Jason Gunter represents other county employees who were fired after blowing the whistle and says Sherman meets that specific criteria. Sherman says if he doesn't get his job back he will sue the county. "I'll definitely sue them for defamation of character, slander, harassment."
Sherman should know by next week if he'll be fired or re-hired. We'll stay on top of this and let you know.
To view the Fox 4 Report click here: http://www.fox4now.com/news/125670958.html