Office of Special Counsel Tuesday, August 09, 2016

Whistle Blower Retaliation

Whistler Blower Protection Complaint

I filed a report with the Medical Center Director of the Alexandria VA, Peter Dancy
FACHE, in Pineville Louisiana against the Pharmacy Department and the Chief of the
Pharmacy Service.
As a direct result of this complaint being filed, I have been removed from my job,
stripped of my job title, sidelined, harassed, embarrassed and attacked in an effort to
discredit me to avoid having to look at the contents of the report filed against the
pharmacy chief.

I offer the following delineation and have attached all the exhibits to the end of this
report.

Exhibit 1
On Thursday, June 6th, I filed a report of contact with Medical Center Director,
Peter Dancy and his Executive Assistant, Heather Ball, regarding an issue in Pharmacy
Services where a pharmacy supervisor was having a sexual affair with a pharmacy tech
which he directly supervised, and after the affair was “broken off” by the supervisor the
pharmacy tech attempted suicide and upon failure, came in the next day and reported
her attempt to a pharmacist.
There was also a report of the pharmacy tech having a firearm in their vehicle and
bringing narcotics into the pharmacy area. For this reason, I filed a VA Police form VA-
0024, Voluntary Witness Statement the same day.
Both pharmacists brought the information of the employee suicide attempt to the
attention of Brandon Moore, Pharmacy supervisor and Paul Moreau, Pharmacy Chief.
Both of these men attempted to cover up the incident.

Exhibit 2
On the morning of June 15, 2016 during the 8:15 AM meeting in Building 1, Ben
Johnson, AFGE Union President, attended the meeting and at the end asked the
Medical Center Director, Peter Dancy if anyone knew anything about an employee
suicide attempt and a gun.

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Mr. Dancy, and the other members present all responded in the negative.
After this meeting, as I was walking back to my office, Dr. Hamm, Employee Health
Physician, was walking next to me and said -- Ben always gets his facts wrong.
(redacted Lafayette CBOC Employee) did not have a gun. Dr. Hamm was addressing an
incident that happened several weeks before.
I told her I thought Ben was talking about the Pharmacy Tech who attempted suicide.
Dr. Hamm said she had no knowledge of that and asked what I was talking about.
I told Dr. Hamm I had submitted a Report of Contact to Mr. Dancy and his Executive
Assistant, Heather Ball regarding a pharmacy employee and had been informed by
Heather Ball that a Fact Finding had been chartered.
I then said I thought she would know about it as it involved and employee and she was
the Employee Health Physician.
Dr. Hamm stated she wanted a copy of the Report of Contact. Because she was the
Employee Health Physician, I saw no reason to withhold a copy, and we went to my
office where I printed a copy and handed to her directly.
She left.
About an hour later, I was contacted by Ben Johnson who stated "I have a copy of the
report."
I asked what report and he said, "The report you gave Dr. Hamm. She gave a copy of it
to me."
I told Ben I could not talk to him about that and terminated the conversation.

Exhibit 3
On July 6, 2016 I was called into my Service Chief’s office at 4:25 PM and given a
Memo of “Temporary Detail — NTE 90 Calendar Days” – pending the outcome of an
investigation.
During this meeting with Rick Taylor he told me the following:
 Tine Eyre, Mental Health Product Line Chief (and Rick’s supervisor) was aware
of the situation and concurred with the detail.
 I was told I could no longer use my job title “Suicide Prevention Coordinator”

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 I was told I was not allowed to have anything to do with anything dealing with
“suicide prevention” including not being able to access my voicemails or
following up with any situation with which I have been involved.
 I was told that Sherry Miller, my current supervisor would be explaining the
situation to my staff and I was not to talk to them about the situation.
 I was told I was not allowed to return to my office and work from my office.
 I was told I would be assigned a new office and would work from there.
 I was told I was to turn my pager over to Sherry Miller the next morning.

On or about Thursday, July 7th, 2016, Dr. Theresa Hamm was ordered to provide a
statement to Dr. Talbot regarding the release of the Report of Contact to Ben Johnson,
Union President. It was known at this time that she was to individual who released the
information to the Union official, and not myself.

Exhibit 4
On Friday, July 8, 2016 I sent an email to Medical Center Director, Peter Dancy
and requested a face-to-face meeting to “clear up” my alleged involvement in this
whole affair. Mr. Dancy refused to see me.

On Tuesday, July 12, 2016, Dr. Hamm provided a written statement formally
acknowledging her role in the situation. She was temporarily detailed from her duties
as Employee Health Physician pending a fact finding.

Between Wednesday, July 13, 2016 and Wednesday July 20, 2016 I learned the following
pieces of information.

 The FOIA Officer was asked to review the release and found nothing wrong with
it.
 The Privacy Officer began the Fact Finding and was immediately told by Mr.
Dancy’s Executive Assistant that she was to do nothing, that it would be
conducted off station.

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On July 21, 2016 I left for a two-week vacation to visit my ailing father.

On Tuesday, July 26th,2016 I learned that the Fact Finding had been completed by
the Privacy Officer at the Houston VA, Mary Reed and had been sent to Alexandria to
be briefed with Medical Center Director, Peter Dancy.

On Wednesday, July 27th, 2016 I learned that it was in the hands of Michelle
Hawkins, ER/LR in the Alexandria Human Resources department and was “under
review.”

Exhibit 9
I returned to work on Thursday, August 4th, 2016 and sent an email to Medical
Center Director Peter Dancy at 3:42 PM, requesting an update and also requesting a
face-to-face meeting. I received an email in return on Friday, August 5th at 2:33 PM
stating “
Unfortunately, I am unable to comment on your email.”

As of August 9th, 2016 to following has occurred:

 The Fact Finding is currently “under review”
 Dr. Hamm has been cleared by her Service Chief and her detail has been ended
and she has been returned to her old position.
 I am still in limbo.

My removal from my position has placed Veterans at risk by making it impossible

for me to provide any service of advice to Veterans I have worked with or Medical
Providers I have work with in the past.

Exhibit 6
On July 12th, 2016 at 2:42 PM, I was contacted by a medical support assistant at
the request of the PM&RS Chief Physician regarding a suicidal pain management

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patient and had to tell them to contact another person, as I was not allowed to
intervene.

Exhibit 7
Friday, July 08, 2016 3:29 PM, I was contact by a CBOC provider requesting
assistance with a suicidal Veteran and had to transfer the call to another person,
delaying the response to the Veteran.

-----
My current position in Limbo is part of a Hostile Work Environment that started about
6 month prior to this current ‘detail’ and has been increasing ever since.

I will begin detailing the hostile work environment as follows:

Item A:
While Rick Taylor, Social Work Service Chief, was interviewing for the NEW
Mental Health Social Work Supervisor positioner, I was told that my Supervisory Status
would be revoked and that I would be placed under the new Social Work Supervisor.
When I complained, both to Rick Taylor and Tina Eyre, The Mental Health Product Line
Service Chief, I was told there was nothing they could do about it.
Union President, Ben Johnson, found out about my upcoming demotion and
approached me saying, “as soon as you are a bargaining unit employee let me know
and I will place you as a Union Vice President.”
Approximately a week after this conversation with Ben Johnson, Rick Taylor
asked me if I was “Ok” with my supervisory status being revoked. I responded, telling
him I was “fine” because I would be immediately joining the Union and would be a
Vice President, working with Ben to correct some of the issues I saw on Campus.
Approximately 1 week after I told Rick Taylor this, I was called to his office and
told that there had “been a decision” to leave me as a supervisor, but to still report to
Sherry Miller, so that I could ensure my “Suicide Prevention team” would follow my
instructions.

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I believe this was a deliberate attempt to keep me from being able to join the
AGFE Local Union. By this time, I had completed a number of Fact-Findings for the
Alexandria VA and knew “more than my fair share of dirt.”

Item B:
Approximately 2 and a half years ago, Sherry Miller, then a Social Worker in
Mental Health, was sitting in her office and looking out the window when she saw a
Veteran masturbating while staring at her through the window. She called me because
she said she was unable to reach any other supervisor and explained the situation. I
immediately requested the VA Police to intervene and the suspect was apprehended,
arrested and charged.
Sherry confided in me that she felt “very embarrassed” by the entire situation.
About a week later I was at a Cub Scout Meeting at St. Francis Cabrini School in
Alexandria and my wife and I were talking. I had not seen her for about 5 days due to
her having to travel and she asked, “What’s new at the VA?” I briefly told her about
the incident with the masturbating Veteran without revealing any Veteran names or
confidential information. She asked who the employee was and I replied “Sherry.”
All of a sudden, a man standing behind me, who I had never met said, “I am sorry for
eavesdropping, but I know a Sherry at the VA, a Sherry Miller who works in mental
health. That is who you are talking about, right?” I told him I could not answer that,
and he said he could not wait to tell her he knew about it because it would really
embarrass her and he walked off. Several days later, on a Wednesday morning at the
monthly social work meeting, Sherry approached me and told me she was angry
because of what I had told her friend “John.” This was the first time I knew his name. I
explained to her the situation and she stated that she was embarrassed by it and blamed
me for leaking the information. I again explained to her that I did not intentionally do
anything, but that “John” had come up behind me and was eavesdropping. She stated
she understood, but still walked away angry and hostile.

Item C:
Rick Taylor had repeatedly mentioned to me that he felt the facility was looking
at me as a “crisis manager” and not as the “Suicide Prevention Coordinator.” He told

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me I needed to “Stay in my lane and only deal with suicidal issues.” I explained to him
that I felt that was what I was doing and did not seek to move beyond that. About a
week after this I was called by the Chief of Pain Management who stated he had a
Veteran who was not going to get his opioid prescription refilled and was stating if he
did not get his opioids, he “Ought to just go home and shoot himself.” I responded to
that call and evaluated the Veteran.
Later that day I was confronted by Rick Taylor who stated that the situation was not a
suicide issue, but a pain management issue and the Chief of PM&RS was supposed to
call Psychology Service for his concerns. That I should have told the Chief he needed to
call Psychology Service and not responded to the call. I asked Mr. Taylor in that
situation, what was the difference between a crisis call and a suicide call. He was
unable to answer. I then asked him if he would provide me with written clarification
on the difference between a call like the one I responded to and a “true” suicide call, so
that I would know which to respond to in the future and he simply walked away,
terminating the conversation.

Item D:
Tina Eyre contacted me on Tuesday, April 12, 2106 and felt that the suicide of a
Veteran who was part of Dr. Victor Vautrot’s panel in Jennings would be rather hard on
him and she asked me to arrange to drive to Jennings with a Chaplain the next day to
debrief Dr. Vautrot. I contacted Father Stephen Brandow and we left the next morning
for Jennings, Wednesday, April 13, 2016. We met with Dr. Vautrot and discussed his
feelings about the suicide and offered supportive counseling. During this meeting, Dr.
Vautrot brought up another issue that was causing him concern. He stated that his co-
worker Dr. Victor Bush was being moved to the Lafayette CBOC. He stated that Dr.
Bush had a panel of 800+ Veterans that would become his panel, and that the 800+
Veterans he was currently seeing and had been providing services for during the past 5
years would be divided between Dr. Barbara Master in TEELEHEALTH and Dr. Sondra
Rodrigues in TELEHEALTH.
He stated this made no sense as he would lose a clinical connection with 800+
Veterans, whose problems and concerns would have to be learned by 2 different
psychiatrists they had never met, and that he would have to learn 800+ new patients.

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He wanted Dr. Bush’s panel to be split. He stated he talked to Tina Eyre and she told
him the decision had already been made and would not be rescinded.
On Thursday, April 14, 2016 I contacted Dr. Adrian Talbot, Chief of Medical
Services, with the concerns of Dr. Vautrot and asked if there was any way he could
intervene. I did not go to Tina Eyre, because I was certain she would simply ignore or
“brush off” my request. Dr. Talbot apparently addressed the issue with Chief of Staff,
Dr. Harlan Guidry, who stated that it was Tina Eyre’s decision and threw the idea
“back to her.” I was told that Tina Eyre was not pleased that I brought the situation to
Dr. Talbot’s attention. [Exhibit 18]

Item E. [Exhibit 17]

Tina Eyre contacted me on Thursday, June 30th, 2016 regarding a Medical Doctor
at the Ft. Polk CBOC who had been physically attacked by a Veteran. She stated she
was always telling me to ‘stay in my lane (suicide) but that there was no one else she
was could ask to debrief this physician and that she wanted me to go to Fort Polk with a
Chaplain and complete the debrief. This is another example of variance and hostility,
when they need me to do something ‘out of my lane’ they assign it to me, but when I do
something I consider to be ‘in my lane, and they disagree’, they attack me for it.

Item F. [Exhibit 10]

On Tuesday, April 26th, 2016, Sherry Miller sent an email which culminated in an
email chain where she stated she had ‘oversight of the Suicide Prevention Program’ and
offered to brief the Quadrad on the role of Suicide Prevention in the VA. As As Social
Work Mental Health Supervisor, she has supervision authority over me, but she does
not have program oversight. I was never consulted on this email and had to take the
email to Rick Taylor to have it rescinded. Rick Taylor did stop the email, however, he
told me he felt that Sherry was just ‘being an overachiever and that I should cut her
some slack.’ He clearly did not take my concerns seriously.

Item G. [Exhibit 11]

On Friday, July 22, 2016, the day after I left for vacation, Sherry miller began to
rearrange my program. Clearly this indicates she feels that during my temporary detail

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she can alter anything she wants, or that she does not believe I will be returned to my
position. She sent out an email asking for volunteers to help with a “High Risk Flag
Review Committee” to assist in the decision to remove a High Risk Suicide Flag.”
What Sherry Miller did not know was we had already had a Committee which had been
meeting through the Fall of 2014 and into the spring of 2015.
In the Spring of 2015, a long time Suicide Prevention Case Manager decided to
leave the unit and take another job. We were delayed in getting a replacement for
almost 10 months. We interviewed and tried to hire but Human Resources would not
make the offer, and in fact lied to the individual we selected, telling them we never
selected them. I went to Rick Taylor multiple times with my concerns that we were
running a 3 person department with only 2 people and it was compromising our ability
to complete our work. During this 10 months, we ‘set aside’ the High Risk Committee”
and told them we would re-meet when we had a full team. It was just too much work
to prepare a report for others to review while being short staffed.
During these 10 months, Rick Taylor assigned a social worker to my program for
20 hours a week, but withdrew them about 4 weeks later, just as they were getting
proficient. Also my 20 hours Program Support Assistant was moved to OEF/IEF as a
secretary for 24 hours week, making her less available to suicide prevention. Rick
Taylor ignored repeated requested to provide Suicide Prevention with help always
stating he “had no control over hiring” or that “there were no other social workers who
could be freed up to assist us.” It was only when he received a request for transfer
from a social worker who demanded relocation due to stressful working conditions that
he allowed them to be transferred into our open slot, even though this social worker
had a long history of conflict and contention while dealing with other social workers
and Veterans.

Item G. [Exhibit 12 & 13]

On Monday, August 8th, 2016 at 3:48 PM Sherry Miller sent me an email
‘ordering me’ to make time from my current duties to assist social workers on inpatient
psychiatry. I am currently a GS-12 who is entitled to function independently, and the
positions I was asked to assist are GS-11 which need direct supervision.

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At 4:37 PM, I responded to Sherry Miller and Rick Taylor, that I felt it was
inappropriate to order me to do this task, but that I have always helped when need was
brought forth and would be happy to assist my colleagues. I requested that in the
future this type of situation be handled in a more professional and courteous manner.
As of 12:31 PM on August 8th, 2016 I have not received a response, however, I have
received other email communication from Sherry Miller during this time.

Item H. [Exhibit 14]

On Wednesday, July 27th, 2016, Sherry Miller sent another email making changes
to my program. Changes, which, do not need to be made, if I am to be returning to my
previously hired position. This make me question whether she is ‘aware of’ something
that I am not privy to.

Item I [Exhibit 15]

On Friday, May 13th, 2016, I was contacted by a social worker at the Lafayette
CBOC who stated that has called the Chief, Assistant Chief and Mental Health Social
Work Supervisor and they were unable to get anyone on the phone. They stated they
had a problem with a Veteran bringing alcohol onto the Lafayette CBOC and
distributing it to the nursing staff and wanted to know what to do. She asked me if this
behavior was illegal or unethical. I informed her that I thought it was illegal and she
should contact the VA Police. I also recommended she contact Chief of Primary Care
and discuss the situation with her. She asked if I could contact Chief of Primary Care
while she contacted the VA Police. I agreed. The issue went all the way to the Chief of
Staff.
The next morning I was questioned by both Sherry Miller and Rick Taylor about
why I have ‘gotten out of my lane’ by providing information to the Lafayette social
worker.
A fact finding was convened and headed by Tina Eyre. I was asked to provide
testimony for the Fact Finding and during my testimony I was asked by Tina Eyre if I
knew “anything about liquor at a CBOC.” When I responded that I knew a lot about it,
she laughed at me before continuing the questioning. I felt demeaned.

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It should be noted that the individual at the CBOC who was at risk for being
punished for the incident was the Administrative Officer, who is a close personal friend
of the Assistant Chief of Social Work, Kyle Liotta, and to which he bragged several
times about ‘getting her that (AO) job.’ Kyle Liotta reports directly to Rick Taylor who
reports directly to Tina Eyre.

Item J [Exhibit 16]

On or about Thursday, June 9th, there was an issue with an employee who
threatened suicide at the Lafayette CBOC while talking to the Workmen’s
Compensation Coordinator and it found its way to the office of Executive Assistant to
the Associate Director. During this meeting Heather Ball made several statements
regarding the employee and what the employee had said to her and what she had said
to the employee. When these issues were documented in an email by the Chief of
Medicine, Heather Ball denied ever making the statements. During the email chain, I
concurred with the Chief of Medicine, because I had heard her make the statements. I
was later told by the Chief of Medicine that Heather Ball was very angry with me and
him, that we did not ‘remember things her way.’

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Section 3: Why is this Happening?

This situation involves the following people:

Dr. Jose Rivera, MD - Deputy Chief of Staff
Paul Moreau – Pharmacy Service Chief
Heather Ball - Executive Assistant to the Medical Center Director
Brandon Moore – Pharmacy Supervisor
Corey Guidry – Pharmacy Supervisor
Tina Eyre, LCSW – Associate Chief of Mental Health Services
Rick Taylor, LCSW – Social Work Service Chief
Kyle Liotta, LCSW – Assistant Chief Social Work Services
Sherry Miller, LCSW - Mental Health Social Work Supervisor

Dr. Jose Rivera and I have crossed paths in the past in an unfriendly manner
several times. I was assigned a Fact-Finding by Dr. Rivera involving a CLC Veteran
who was being exploited for money by an employee. It turned out that we believed the
employee actually removed the Veteran from the Community Living Center and took
them to the Veterans personal bank and had them withdraw money. When I made this
clear to Dr. Rivera, he denied me the ability to talk with the wife of the Veteran and to
“leave the station” in order to verify the bank information. He stated it would cause too
much ‘bad press for the VA if I was right.’

During another Fact Finding, I came across what I considered to be an attempt

by Dr. Jose Rivera to ‘pack the medical service’ with physicians licensed in his home
territory of Puerto Rico, and place these physicians in key areas in an attempt to control
the medical services at the Alexandria VA. I brought my concerns to the Chief of
Medicine who researched them further and confronted Jose Rivera. I was told that
several positions which were to be filled by transfer of current staff were now going to
be filled by outside hires. I was also told I had “come onto Jose’s RADAR.”

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I was detailed by the former Medical Center Director, Martin Traxler, as Chief of
Extended and Geriatric Care, to take over from Paul Moreau, who was not only Chief of
Pharmacy by Acting Chief of Extended and Primary Care.
Shortly after this detail was assigned, Martin Traxler left this VA to take the
position as Medical Director at the Lexington Kentucky VA. As soon as Mr. Traxler
cleared the station, Dr. Rivera rescinded by detail and appointment.

Jose Rivera has been a physician with the VA for more than 17 years. It has been
reported that during almost all of this time, he has not had his own DEA number and
has used the Facilities DEA number which is normally used for Interns and Residents.
The only person who could authorize this is the Chief of Pharmacy who has been at the
VA 25+ years. It is possible that Dr. Rivera does not have a DEA number because there
is something in his past which would keep him from getting one, or it is possible that he
simply uses the Residents DEA number because he and Pharmacy have an on-going
agreement.

Paul Moreau – Chief of Pharmacy

It has been reported that he has saved the VA ‘millions of dollars’ by not
ordering the newest medications and keeping the formulary focused on older
medications. He is considered the “Golden Child.”
He is the driving force behind the VA’s Opioid Reduction Program and its
increased use of Controlled Substance Flags as a way to ‘wean’ Veterans off opioid
medications. His program, while effective has been implemented at to detriment of the
Veteran because his feels any Veteran who is ‘addicted’ needed to be reduced
regardless of other medically necessary reasons for the medications.
Since the implementation of the Opioid Reduction Program at the VA, we have
seen a large increase in the number of suicidal ideations and suicide attempts.

Heather Ball - Executive Assistant to the Medical Center Director

Heather Ball has been the Executive Assistant to multiple Interim Medical Center
Directors and maintains a tight control on any information that is headed for the

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Director. There have been multiple reports I have submitted to the Director, through
her, that I feel have never made it in front of the director.
My recent incident, where I did not back her side of the story when dealing with
the employee suicide threat in Lafayette has done nothing to increase my relationship
with Mrs. Ball. It should be noted that she is also a close personal friend of Rick Taylor,
the Social Work Chief as they are rumored to have gone to High School together.

Brandon Moore – Pharmacy Supervisor

Implicated in the cover-up of the employee suicide attempt with Paul Moreau.

Corey Guidry – Pharmacy Supervisor

Implicated as the Pharmacy Supervisor having a sexual affair with his employee
the Pharmacy Tech, then breaking up with her and marrying another which culminated
in the Tech suicide attempt.

Tina Eyre, LCSW – Associate Chief of Mental Health Services

Currently, Tina Eyre appears to be the Clinical Supervisor of Mental Health.
Tina Eyre is a LCSW with a Master’s Degree and roughly 30 years’ experience. She is
currently the Clinical supervisor over Dr. Faye Thrasher, PHD a licensed Doctoral Level
Practitioner with over 45 years of experience and over Dr. Paul Molinar, MD, JD, a
Licensed Medical Doctor with 20 years’ experience in psychiatry, although it should be
noted that he is not Board Certified in Psychiatry.
This arrangement would probably not be tolerated at any other Medical Facility,
however, given the constant turn-over in the position of Chief of Staff and they fact that
while Jose Rivera has been denied this position on multiple occasions, he often is the
Acting Chief of Staff for months at a time.
It is likely that Tina Eyre’s current situation is only stable because of the support
of Jose Rivera as Deputy Chief of staff.
It should be noted that there was no Deputy Chief of Staff Position originally,
however, it appears to have been a position created for him after he was turned down
one of the many times he applied to be Chief of Staff.

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Rick Taylor, LCSW – Social Work Service Chief

He was the Assistant Chief of Social Work when Tina Eyre was the Chief of
Social Work, and when she promoted to Associate Chief of Mental Health, he was
selected for her old position.

Kyle Liotta, LCSW – Assistant Chief Social Work Services

He is the Assistant Chief of Social Work after working as the Program
Coordinator for the OEF/OIF Clinic. He is a close personal friend of Rick Taylor and
during his time as the Program Coordinator of OEF, Tina Eyre twice filed to have his
position upgraded from a GS-12 to a GS-13, increasing his salary approximately $12,000
per year. Shortly after getting him increased to a GS-13, he was selected as Assistant
Chief of Social Work

Sherry Miller, LCSW - Mental Health Social Work Supervisor

She is the current Supervisor after a long time as a GS-12 Social Worker working
in Mental Health. It has been widely rumored that she was selected for the position
because she is a friend of Tina Eyre’s and is able to be controlled by the powers above
her.
There is also speculation that she was given the position after the death of a
Veteran she was seeing which could have culminated in a Law Suit against the VA but
instead was kept quiet to avoid any bad publicity.

Harvey S.
Digitally signed by Harvey S. Norris
659553
DN: dc=gov, dc=va, o=internal,
ou=people,

Norris 0.9.2342.19200300.100.1.1=harvey.n
orris@va.gov, cn=Harvey S. Norris
659553

659553
Reason: I am the author of this
document.
Date: 2016.08.09 14:07:11 -05'00'

Harvey Norris, LCSW

Suicide Prevention Coordinator
Alexandria Louisiana VA

15 Harvey Norris, LCSW, Suicide Prevention Coordinator