CORNWALL Ontario – Whistleblower and former Glen Stor Dun Lodge manager Diane Shay has issued a press release regarding her ordeal vs the city.
Excerpt of court documents. Ms Shay’s text of incident.
Excerpt 2 – Ms Shay being “disciplined”
excerpt 3 – a summation of what ocurred
excerpt – While charges against Robert Menagh were dropped; the city of Cornwall was fined $15K
Former CAO Paul Fitzpatrick was given “executive leave” before being allowed to retire instead of being prosecuted.
Donna Derouchie, who Mr. Fitzpatrick was alleged to have had a relationship with, was on the Sunshine list a year after leaving the lodge.
Robert Menagh was terminated “Without Cause”. The city of Cornwall paid Sunshine list salaries for two HR managers for two years.
With Dail Levesque retiring the City is having difficulty finding a replacement. Mayor Kilger cited ” a new direction” was needed.
To date that new direction has never been made clear.
As Ms Shay mentions; the city paid for the defense and legal costs of this case; but she had to foot her own legal bills.
Ms Shay was one of three whistle blowers in the last term of the Kilger council.
Former Deputy Chief Rob Hickley was forced into retirement when he could no longer shoulder the legal bill of his case and the courts refused to force the city to pay for his case.
Former councilor Leslie O’Shaughnessy, who is now running for mayor against Mr. Kilger, mentioned this case in an earlier release.
In January 2011 I was asked to make a decision on whether the City of Cornwall should plead guilty or not guilty to charges filed by MOHLTC against the City, regarding retaliation against a whistle blower that came forward over an issue at GSDL. I was not provided any written documentation or recommendation from administration to make this decision, and I was also told that there was no documentation (dating back to 2008-2009 when the incident occurred) that I could review to help me understand what happened.
I was then given the opportunity to ask any questions that I might have to Legal Counsel that was in attendance. I had no knowledge of the issue, no information, no recommendation from staff, no written legal opinion to review – only individual verbal accounts of what happened that were inconsistent…and Council was advised that it had to make a decision that night.
As you are well aware Council voted to plead not guilty – to this day I am still confused as to how that decision was made.
Over the next eight months, while dealing with the issues surrounding this case, there were never any written reports or recommendations from administration, provided.
Earlier Interview with Ms Shay
Ms Shay’s release below.
MAYOR BOB KILGER and CORNWALL CAO NORM LEVAC:
“Please take down this wall of abuse”
Due to the City of Cornwall’s lead-footed response to the lawsuit that would provide closure to its illegal and now six-year reign of persecution on former municipal Health and Safety Officer, nurse Diane Shay, after she lawfully reported a case of elder abuse at the municipally run long-term care home Glen-Stor-Dun Lodge in 2008, Shay is today announcing that she is “going public.”
It is Shay’s opinion that with an election looming, the City is willfully dragging its feet to avoid voters’ top-of-mind awareness that:
- The City was found guilty, then charged and fined by the Ontario Court of Justice in 2011 for illegal retaliation against Diane Shay;
- Shay is on long-term disability as a direct result of the abuses committed by her employer (The City of Cornwall);
- City councilors were willfully kept in-the-dark by former CAO Paul Fitzpatrick and Mayor Bob Kilger;
- Former CAO Paul Fitzpatrick, former Human Resources manager Robert Menagh, and the once top manager at Glen-Stor-Dun Lodge (Donna Derouchie) were handsomely financed for their respective retirements, releases and resignations;
- Taxpayers footed the bill for the City’s legal costs;
- Diane Shay is responsible for paying her own legal fees; and
- City-hired lawyer and “investigator” Judith Allen’s findings states that Shay’s claims were “unsubstantiated” which Council unanimously accepted (widely reported by local media) will continue to leave an indelible stain upon Shay’s professional record and personal character until such time as the lawsuit is completed and the outcome publicly communicated to the community.
Diane Shay says:
“I have done my part of the legal process, respectfully and patiently, but the abuse must end so I can move on with my life and help other victims.”
The following links to CFN provides details about the Diane Shay’s odyssey.
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