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Collier County reinstates fired employees in racy e-mail cases

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— Four fired Collier County employees who may have sent racy e-mails using their government computers have been reinstated.

Deputy County Manager Leo Ochs has overturned the four terminations, sending letters to the employees who had appealed their dismissals.

County employee Dave Fitts, who also was fired, hasn’t had his hearing yet.

When Jesse Komorny, Ken Van Osten, Mary Jo Thurston and Diane Deoss were discovered to have participated in the e-mail scandal, the four long-standing public utilities supervisors were sent letters stating they were terminated.

They appealed. Another fired employee, Ty Stuller, didn’t.

Nor was he represented by attorney Doug Wilson, as were Komorny, Van Osten, Thurston and Deoss.

In late spring and early summer, other county employees were suspended, but not fired, for receiving or passing along the salacious e-mails.

Some of the e-mails involved in the scandal were sexually explicit or suggestive, while others involved racy jokes.

Wednesday, Ochs said he outlined the disciplinary provisions in each of the letters he sent out, finding that they violated two county computer policies.

However, instead of firing the employees, they received a 15 percent pay cut, were placed on 12 months’ probation, cannot be promoted for two years, and had their pay suspended, ranging from 20 to 30 days.

“As a supervisor, your personal participation in these activities and your failure to take appropriate corrective actions are especially concerning and disappointing,” Ochs wrote in the letters dated Sept. 12. “The very serious nature of these transgressions and your position of leadership in the division warrant serious disciplinary action.”

But that’s not enough to cause them to lose their jobs, Ochs wrote.

“I further find, however, your conduct and judgment in this matter, while unacceptable and misguided, does not warrant a termination action when evaluated within the full context of the county’s disciplinary policy,” Ochs wrote.

Komorny, for example, has been reassigned from the water department to the wastewater department, while Van Osten has been returned to his former position.

Wilson has advised his clients not to talk to reporters.

“I think this is a fair outcome, commensurate with the discipline given others in this matter,” Wilson said. “However, the policy is still capable of being misunderstood and should be revised, and all county staff should receive reminders at least annually about what it is and what it means.

“There have been no reminders until now, and if there had been, these violations would not have occurred,” Wilson said.

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I would be interested in seeing how racy these emails were?
guess they couldn't have been all that bad for them to be reinstated huh?

#1 Posted by Jadip811 on September 17, 2008 at 7:49 p.m. (Suggest removal)

This one I could not let go by..."Komorny, for example, has been reassigned from the water department to the wastewater department"

Talk about a demotion. What would a promotion have been? the water department to the springwater department?

#2 Posted by factteller1 on September 17, 2008 at 7:51 p.m. (Suggest removal)

Hey Jadip the trunk monkey wanted to be #1.

#3 Posted by factteller1 on September 17, 2008 at 7:53 p.m. (Suggest removal)

I get dozens of joke e-mails from friends at home every day. They have no place at work, so these guys should have known better. Still, to jump to firing these people is too harsh. A simple warning should suffice. Instead it has been blown out of proportion. That's a shame.

#4 Posted by jnkandco on September 17, 2008 at 9:30 p.m. (Suggest removal)

Jadip - All e-mails are public information. All you have to do is ask for them. I still don't understand how someone can be disciplined for recieving dirty e-mails. If they forward them to someone else, sure. But if a bunch of citizens were to all send dirty e-mails to a county supervisor or county attorney would that supervisor or county attorney be fired?

#5 Posted by naplesdad on September 17, 2008 at 9:53 p.m. (Suggest removal)

FITTS IS NO GOOD HE SHOULD NOT GET HIS JOB BACK HE IS ALWAYS RUNNING HIS MOUTH, HOW HE DOES NOTHING AND GETS PAID SO MUCH...WE PAY HIM TO SEND EMAILS WHAT A GOOD JOB.... GUESS WE GOING TO KEEP PAYING FOR RACY E-MAILS. THE POOR KIDS IN THIS TOWN ARE LOSING FOUNDING FOR FOOTBALL AND BAND, BUT WE CAN KEEP GIVING IT TO FITTS AND THE REST OF THEM!!!! ANOTHER GOOD JOB BY COLLIER COUNTY WAY TOO GOooooooo

#6 Posted by PRHMOM on September 17, 2008 at 10:30 p.m. (Suggest removal)

Wednesday, Ochs said he outlined the disciplinary provisions in each of the letters he sent out, finding that they violated two county computer policies......

.... what is the penalty for being hired as School Board Supt and not having required experience or an active application on file... surely grounds for termination....

#7 Posted by obwon on September 17, 2008 at 11:14 p.m. (Suggest removal)

Good people are hard to find.

#8 Posted by volochine on September 18, 2008 at 1:26 a.m. (Suggest removal)

Cute Teller. LOL

#9 Posted by Jadip811 on September 18, 2008 at 5:19 a.m. (Suggest removal)

#9 Posted by volochine
Some horny woman somewhere is saying a hard man is good to find Vol.
Sorry couldn't resist...

#10 Posted by Jadip811 on September 18, 2008 at 5:20 a.m. (Suggest removal)

It was the ruling by the Judge allowing to make ALL personal emails sent on ALL County Computers by ALL county employess, including the County Manager, his rag doll Mr. Ochs, the Commissioners, the Tax Collector, The Property Appraiser, the Supervisor of Elections Office, the Sate Attorney's Office, and so on, that broughtabout the settlement by the County and the reinstating of these employees. Good job Mr. Wilson!

Now, once again, the dirt is shuved under the carpet and its back to business as usual.

#11 Posted by QtrPndr on September 18, 2008 at 7 a.m. (Suggest removal)

How can they fire these employees when no action was taken as to their then superior..John Yonkosky..who was promoted to Budget Director!!!

#12 Posted by justme50 on September 18, 2008 at 11:52 a.m. (Suggest removal)

PRHMOM AKA MAGGIE...If you are so unhappy with Collier County, move. You always have to complain about something. The people involved all have families, and to lose a job, especially now, is nothing to wish upon anyone. We have all had racy emails sent to us, but I think Collier took it way too far. Sounds more like Collier was trying to be creative in trimming budget expenses. I bet if an outside organization came in and investigated, it would find that most people at the County have these types of email, not just the ones that have been singled out. I am glad these people are getting their jobs back, as they should have never been fired. Disciplined yes, fired no. BTW, Good luck Mr. Fitts, with your upcoming hearing. And Maggie...go do something nice for yourself, and cheer up!

#13 Posted by CRAYZGRL on September 18, 2008 at 7:04 p.m. (Suggest removal)

to PRHMOM get a life

#14 Posted by jjbighead on September 18, 2008 at 8:27 p.m. (Suggest removal)



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