AUGUSTA, Maine — The state has agreed to pay $65,000 to a state employee who claimed she was demoted last year after testifying before a legislative committee during her vacation about the dangers of the chemical bisphenol-A.
In the settlement signed April 19 between the state and Andrea Lani, the state admits no wrongdoing. The agreement, however, requires that the state provide training to supervisors within the Maine Department of Environmental Protection about the state law that prohibits retaliation against state employees who provide testimony to the Legislature.
Lani, a Whitefield resident, filed a lawsuit in October in U.S. District Court in Bangor alleging she was the victim of retaliation by DEP Commissioner Patricia Aho and Ronald Dyer, director of the DEP’s bureau of remediation and waste management. The lawsuit was dismissed by Lani after the settlement.
Lani had worked for the DEP since 1999 and oversaw the program that educated the public about toxic substances in plastic and their impact on children, called the Safer Chemicals in Children’s Products program.
According to her lawsuit, Lani testified on March 29, 2011, before the Legislature’s Environmental and Natural Resources Committee in opposition to a bill, LD 1129, that would rewrite the 2008 Kid-Safe Product Act. Lani, who said she used a vacation day to testify, told the committee that the bill was “bad public policy and would repeal an important law that protected children’s health and welfare” in Maine.
Lani claimed that two days after her testimony, Aho and Dyer ordered an investigation into whether she used department resources to develop her testimony. The lawsuit notes she was cleared of that allegation four days later.
But in June, Lani claimed she was reassigned to a less desirable clerical job to work on the agency’s record management system, updating record retention schedules and implementing a new approach to Freedom of Access laws.
She claimed that her position at the safer chemicals program was filled by a person far less qualified who had been hired in January 2011 at an entry-level clerical position.
The lawsuit by Lani points out that Aho previously had been a lobbyist for the chemical industry and had opposed the 2008 Kid-Safe Product Act.
Of the $65,000 paid by the state, $27,300 will go to Johnson and Webbert LLP, which is the law firm that represented Lani, and the remaining $37,700 will be paid to her. The settlement states that the money is for noneconomic damages.
The Maine Department of Environmental Protection agreed under the settlement to provide training to its supervisory staff regarding the state laws that prohibit retaliation for testimony.
A 1985 state law states: “A supervisor shall not discharge, threaten or otherwise discriminate against a state employee regarding the employee’s compensation, terms, conditions, location or privileges of employment because the employee, in compliance with this chapter, testified before or provides information to a legislative committee.”
Another 1985 law states that state employees have the right to represent themselves and testify before a legislative committee on their own time.
The training will be done by the Maine attorney general’s office either in person or by videoconference and completed by Jan. 9, 2013. Training for the DEP commissioner’s office and bureau directors, however, must be done in person and completed by July 9.
The two sides in the lawsuit also agree not to disparage the other. They also are prohibited from discussing the settlement, according to the terms of the agreement.
Telephone messages were left with Lani and her attorneys on Tuesday.
Lani also had sought to return to her former job. The settlement does not reference her current job assignment. She is listed on the DEP website as working in the commissioner’s office and her job title is listed as “environmental specialist 3.”
A telephone message also was left for DEP Commissioner Patricia Aho on Tuesday afternoon.
The settlement was reached before the state filed its response to Lani’s lawsuit.
Why should Maine taxpayers have to pay this? If their was wronge doing by the commissioner and one of his directors they should be the ones paying.
Or at least the commissioner and one of his directors should be fired.
She must be one of the corrupt mid management employees. Looks like Mr LePage and crew need to review employee and individual rights.
“Aho previously had been a lobbyist for the chemical industry and had opposed the 2008 Kid-Safe Product Act.”
So if the state had a hen house LePage would appoint a fox to be in charge of it!
I’ll just paste my response from above, because your comment doesn’t deserve anything further:
yeah…because the governor was present for these violations, right? I
am no huge fan of the governor or these allegations, but YOU show your
bias by your post.
You show your ignorance by yours.
However, it was done under his watch, by his hand picked people.
But I am sure we won’t be hearing from LePage about this bit of wrong-doing by middle and upper management.
This makes me wonder what other protections the state is supposed to provide us are going unattended to, or worse.
Are restaurants being inspected for sanitary conditions?
Are polluters being watched for violations?
Are work places being inspected for unsafe environments?
Are banks being audited for illegal practices?
Are insurance companies being regulated for unethical and illegal actions?
Are plumbers and electricians being overseen for compliance with licenses?
What other white-collar crime might be going undetected?
Do you mean that you think this administration as corrupt as it can be?
If you think so, and use this as an example two things:
1) Aho was picked by LePage
2) the “corruption” he was talking about is people not “getting in line”, this case shows what he does to those who step out of line, or disagree. His administration illegally demotes them. I wonder what Dora Mills has to say on this subject, you don’t beg someone to take a job, then fire them a month later. I bet she signed a non-disclosure form…
On the off chance that this ever gets near a courtroom, any Non-Disclosure Form that Dora Mills may have signed is gonna be worthless as far as leverage. A CRIMINAL Grand Jury negatesa any civil agreement and Aho and the AG’s Office know this, or they should. If Mills has any information on this she would be well advised to get her lawyer and start, right now, making those decisions she knows are coming. Folk’s, the party’s just starting.
The answer to all is NO!
“They also are prohibited from discussing the settlement, according to the terms of the agreement.”
The state’s business is public business, and cannot be shielded by a confidentiality agreement. I hope the Bangor Daily doesn’t just cower away, as it did with the story involving a Department of Transportation employee who was disciplined. The reporter covering that story claimed that disciplinary action is not public information, even though the law is clear that the information is indeed public.
Also, the reporter here references “Bangor District Court.” I highly doubt this case was filed in the District Court, as the court handles small-claims suits, protection orders, and divorces. Was this case filed in Federal District Court?
But no problem with Paulie hiding his “working papers”Oh wait-that’s different I’m sure.
Many legal settlements have nondisclosure issues attached.I’m actually surprised to see the $ figure published.
Let’s hope the LePage administration doesn’t run up our taxes even more by losing MORE court cases for treating employees or citizens with ZERO respect and ZERO professionalism. Honestly, the way LePage runs off at the mouth I’m thinking we could be in for a real problem in this area.
yeah…because the governor was present for these violations, right? I am no huge fan of the governor or these allegations, but YOU show your bias by your post.
Baloney! This wasn’t done by some low-level lackey! Its not unreasonable to assume the commissioner knew about, instigated or condoned the actions. Commissioners are carrying out LePage’s agenda. He’s responsible for setting the tone and style of leadership of his administration. He shares the blame.
This case made nation wide news. LePage is business friendly to outsiders. Businesses are attracted to areas with intelligent local governments and welcoming of the creative arts. Our governor gets a fail on both counts.
We should all be getting settlements for BPA consumption just like the victims of Asbestos do, because the hazards of ingestion have been known for over a hundred years to mess with hormone levels and cause sterility even, and yet it was still used in plastics and to line aluminum cans and a whole slew of other things even when the risks were known. Must have been part of a quiet effort to depopulate and pushed by the insiders of industry so that they could profit from our misfortune too.
So my wife has a little beard. No problem. It doesn’t affect her ability to sign a welfare check.
deleted
BPA creates an estrogen-like hormone in the human body. If it created any outward effects other than reported tumors, it would be breasts on men and excess weight gain around the mid-section…
When it starts to affect your prostrate and you can’t be doing the horizontal dance anymore you may change your tune.
http://www.ourstolenfuture.org/NewScience/oncompounds/bisphenola/2007/2007-0409wetherilletal.html
http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1570083/
Bully LePage hates the truth.
Maybe he can fire his daughter and use her salary to make up for the money the state lost in this settlement.
Must balance the budget – no matter who suffers.
The state would still come up short.Nobody in his admin can count.Also his pro BPA bias is common knowledge.Good for Ms. Lani for winning her case.
Somebody told me it was frightening how many chemicals we ingest daily, but when I told that story around the campfire, nobody got scared.
////
No wrongdoing……….
And a shark doesn’t fart in the water either
Uh huh! (now that’s transparency!)
65,000 bucks of state money for narrow-minded ignorance. Way to go LePage’s crew. I see a lot of this coming in the next two years.
If anyone needed any further proof that LePage and his administration are small minded evil people then this should settle it. I am sure this is just the first of many cases we will read about where State of Maine money will be used to settle lawsuits brought against Dictator LePage and his jackbooted minions. Why aren’t we hearing from all of the LePage supporters. Apparently this is one of the ways that they want their hard earned tax dollars spent.
His administration is “small minded evil people? Let’s be careful with that kind of statement.
I have been slapping the governor pretty hard in these forums for his over-generalizations on the corruption issue. I hate to see over-generalizations against the administration.
I believe Sawin Millett, for one, to be a decent man. I know David Bernhardt very well, and can say with full assurance that he is a decent man. I do not know Walter Whitcomb very well, but do know some of his immediate and extended family, and from everything I can see, he is a decent man. One can disagree with Sawin, Dave, or Walt – it is fine to do so. But let’s not call them evil or small-minded.
Let’s not imitate the governor’s recent gaffe by making similar ones.
I don’t understand why she went to court on this unless she was in a confidential position I would have thought the Union would have brought this complaint before an arbitrator?
The union takes on contractual issues. This was a civil complaint related to violation of state law. The law must have allowed for only civil redress and not criminal.. or the AG decided not to pursue the criminal aspect.
Just the tip of the ice berg
I do not care if woman grow beards Lepage says . Hmmmmmmmm now she is in trouble for telling thinks she thinks are facts. Cover-up .
The Immense One and his lackeys have no tolerance for opinions of anyone but the MHPC pundits. The cautions of science are dismissed with blatantly ignorant remarks about little beards. This is consistent with the Tea Party attitude that science is wrong and corporate profits are the only right. If he can’t publicly belittle someone for offering an informed opinion, then he and his henchmen will retaliate in other ways even if they expose the state to punitive legal action. If you don’t think there will be repercussions to Bowen’s retaliatory dismissal of the Advisory Board, then just wait a little bit. The repercussions to the Republicans will be felt in November as we rein in this rabid tyrant and his corrupt administraion.
Dear Mooselake,
First let me preface my comment by saying that I am not a huge fan of the “Immense One,” as you call him, even though I consider myself a Republican and voted for him.
For full disclosure, he has caused a hit to my own retirement plan, which now seems to be 125 years down the road.
To my point, I am tired of standing in line at the local Hannaford’s and seeing the person in front of me pulling out out a “Maine” food stamp card. I watch. It happens all the time. Maine card. Maine card. Maine card.
I have no problem with a single mother getting back on her feet. I will gladly put a gallon of milk on her table. But, when I see an able bodied man after able bodied man going through the line behind their woman…yup, I have a problem with that.
This “rabid tyrant(LePage)” is trying to lower the tax burden for the “rich” class (middle class) who can barely pay their property tax. What an awful person…(sarcasm).
Please, I challenge you to post an intelligent reply.
First of all, the two have nothing to do with each other. Second, no one thinks “able bodied men” should be living off welfare, third The Governor’s “structural” changes at DHHS have nothing to do with being able bodied or not-except by ASSUMPTION.
Why do you assume that the men you see in the checkout line are able bodied? Can you tell from looking at them that they don’t have a serious physical issue or work related injury? Or is it just the card you are against? Be honest.
I’m 71 and reasonably aware ( I fly small planes) , but in all my years standing in a checkout line I have never seen any one pay for anything with food stamps or Maine card. It may well be because it is none of my business how anyone pays for their groceries. It may be because even if I did see I would want to spare them the embarrassment of having me notice. Never in a million years would I go on a public forum and brag that I know how other are paying for their groceries, and then complain about it.
No one likes to see what you have seen at the grocery store. But for the life of me I don’t see anything that relates Lepage’s policies to actually addressing the issue you identify. How does retaliating against an employee of the DEP have any impact on welfare fraud? Like you, I believe there are so many ways to improve the efficiency of government services and programs (saving a boatload of tax dollars), but most of what the Lepage administration does seems to be designed to benefit those that have financially contributed to his campaign. How did the mural removal make the government more efficient? How did voter ID make it more efficient? How does falsely accusing state employees make it more efficient? Hear me say this: the prior administration was no better at putting the public first, but Lepage ran on the idea that he was gonna change things, but all we are getting is the “same old same old”.
If you can’t find a job in Maine, I guess you better move to a state that has jobs. We can’t support you and your 5 – 6 kids from previous relationships & marriages anymore. Time to move!
Where did you get that from?
One can only hope you never find yourself in need…
Do you know the life stories of all who are in line with you while you’re spying on them?
I gave a ride to one of those “able bodied men” you scorn.His story-his wife is undergoing chemo for the second time-outlook is not good.He has to do the grocery shopping after working all day,then get the kids to bed.They get a small amount of stamps which they are grateful for and stretch with coupons and smart buying.I can personally tell you there is not one dime of luxury in that house and never has been.She made over $30K when she could work.What do you think she would choose-work or pain?
Do you know why they have Maine Cards? They could be gainfully employed, but not at a living wage and need some help to feed their family.
Why do you Tea Party advocates so deftly change the subject whenever I point out the shortcomings of this corrupt administration? My post had nothing to do with the scenario you described. His Immenseness has done nothing but bully and belittle those who do not hold with his views.
Did you get all upset when NAFTA was passed by a republican congress and democratic president? Essentially sending US jobs overseas to people who have to work for pennies on our dollars? Or now the newest important step in our race to the bottom…prison labor.the best…20 cents a day. They don’t have to pay for rent, food etc….the tax payers take care of that. Funny, these new developments don’t seem to bother the conservatives at all.
She clearly was not demoted. She was paid $66K a year for her position which is way more then a private sector job. She has never been demoted on the pay scale for her actions. This is a very misleading title. Employers can reassign employees all the time and it made sense in this situation as she didn’t agree with the current admin policies. Why would an employer every want an employee in a position that the employee just bad mouths about? So sad to see the state having to dole out money as it knows it is too expensive to fight in court. It is also sad world when state employees have so much power and are basically untouchable and unaccountable.
WOW, if I ever open a business, I want you as an employee. And all your like minded friends. Nothing like totally blind loyalty.
(In this case, I feel compelled to point out that this is sarcasm)
Glad you clarified that it was sarcasm’ I find that often missed, and I smile to myself.
You seem to think her employer is Gov. Lepage. She doesn’t work for him. She works for the people of the state of Maine. That is where her loyalty is supposed to lie, and when she testified to what she believed to be the truth — doing so while on her vacation time — she was doing what she believed was right. That’s not “bad mouthing.” That’s exercising her duty and her First Amendment right on a public issue.
$66 K is not a lot if one is educated and a scientist–remember we have to search worldwide for scientific talent because we do not have enough homegrown–she “…oversaw the program that educated the public about toxic substances in plastic and their impact on children, called the Safer Chemicals in Children’s Products program….”
Sounds like a lot of responsibility. I am proud to have Lani as one of MY EMPLOYEES, because she works for the People of Maine, not LePage nor Aho. And, she uses facts. Keep watching the foxes for us Andrea Lani, thanks.
“…state employees have so much power and are basically untouchable and unaccountable…” is a good description of Commissioner Patricia Aho, who makes how much $K ???
With this lawsuit Lani has been paid over $500,000 of taxpayers money. How much more money will she take from the government before moving on to the private sector?
Nowhere is there reference to $500K…huh?
Maybe you are thinking of Aho, who came from the privates–chem industry lobbyist–and will undoubtedly go back there, with a promotion, for doing her “good” work in government…
And I bet Aho is costing us a lot….
Just like that weasel Billy Tauzin,who quit Congress just before new ethics rules went in, then took a $2M a year job with Big Pharma,all while collecting a huge congressional pension.
She didn’t take it, she was wronged.
Nothing like making up “facts” to support an otherwise unsupportable position.
I wrote this comment Re: Maine education commissioner disbands federally mandated panel.
“LePage treats anyone who disagrees with him as the enemy. He does not foster new ideas. He does not understand compromise. He has his own agenda, and feels so strongly that he is right, that when people disagree with him, he states they are out to get him. A healthy dialogue is good for the State, but this is not a healthy dialogue.”
Do you see a pattern? He retaliates against a DEP employee for testifying before a legislative committee, on her own time about something she believes strongly about. That’s Free Speech!
A 30-member advisory council with some members having served for 13 years, is disbanded after questioning the Governor.
Tea Party members – As you see free speech being eroded and an environment of retaliation and intimidation being inflicted upon anyone that disagrees with him, aren’t you concerned? If he wasn’t stopped by our constitution, and if he had the military to enforce his doctrine, wouldn’t he be just like the fascist dictators our country battled in the 20th century? Are you willing to turn a blind eye to his tactics, simply because he has championed your cause?
Hopefully many who once believed that he “championed their cause” have the intellectual capacity to understand the extent of his deceit and duplicity, and have the moral integrity to admit (at least to themselves) that they made a mistake in supporting him.
And who appointed you to be the arbiter of what constitutes “moral integrity”??????????? I question the moral integrity of a politician who would continue to spend money that my children and grandchildren won’t live long enough to repay- the Democrats.
You mean those democrats who got the federal government out of debt and into the black, just before the republicans took over about ten years ago?
Before you lay this at the feet of the Tea Party, you need to understand that its members are seeking government accountability and responsibility. I voted for Gov. LePage because he articulated the same beliefs I hold in regard to limited power by government and fiscal restraint, along with his pledge to address runaway welfare in this state. I have been deeply disappointed by the manner in which he has conducted himself. I will not, however, vote to either re-call him or vote for a big-spending Democrat because this country is teetering on economic collapse. I’d much rather endure his clumsy communication and lack of finesse than elect someone who will simply spend us deeper into debt.
Rarely do I believe the ends justify the means, but I appreciate your ability to differentiate between the two.
I think they should face criminal charges to i’m no lawyer but that’s just wrong.
Way to go!
That the suit was settled before the State filed a response means only 1 thing. There is A LOT MORE to this suit than meets the eye and the State didn’t want any of it entered on the record, which it would have had to in it’s LEGALLY DOCUMENTED & REQUIRED RESPONSE. Once the State’s response is filed the entire case has to ‘go the distance’ for legal purpose’s. Aho, and more importantly the AG, know this. And since the State itself is the defendant, the State is going to have to respond, in both fact and with supporting evidence, to the filed suit. That means that ALL THE DIRTY LAUNDRY COMES OUT ! Not just the BPA stuff but everything related to the BPA AND to any other allegations of State official’s using their official position to intimidate, coerce or influence State employee’s from exercising their civil right’s as provided for under both Maine’s and the U.S. Constitution.
If I were Patty Aho I would be seriously re-thinking just how far I would be willing to stick my neck out for my Boss right about now. Retailiating against a State employee, on their day off, on their own time, who testify’s to a Legislative body regarding a subject that the employee has specific knowledge of to the Legislative body publicly inquiring about is not just a violation of the Whistleblower Act. It’s a criminal Civil Right’s violation under 18 U.S.C. 241 & 242. That means the action that Aho took wasn’t just an administrative no-no. No, she crossed the Rubicon into Federal jail time for this one. For some reason Paulie’s people just seem to keep ‘stepping on it’ at every opportunity that presents itself. For you folk’s who want to keep dancing the ‘dingus 2 step’ may I suggest that you ask yourself 1 very serious question. Are you really prepared to go to jail, and lose everything, simply because your boss expects you to put personal loyalty to him above your own common sense and moral principles ? Maine deserves better. The only remaining question is what’s it going to take to get it there ?
Mike ,
Right on it and right to the heart of it. Thank you.
Lani’s act was courageous…we should have been able to count on DEP for giving correct information about the implications of that corporate serving bill that put corporate profits ahead of child health. Another commenter said all civil servants serve “we the people” and that Lani served us all admirably in taking this very public step..she is on my wall of heroes.
I agree completely..she is a hero and what she chose to do, for us, for our kids and grand kids, puts the Natural Resources Committee and the Legislature on notice that they are aiding and abetting the corruption of health, safety and enviornmental laws when they don’t themselves take any responsibility for doing their homework on bills before them.
Although DEP Comissioner, ex-chemical industry lobbyist, maintained that DEP was not dragging it’s heals on implementation of Maine’s unanimaously passed Safe Kids Law, it was clear at the outset that LePage and Aho were determined to overturn that law. Le Page has said publicly and often “there are no safety issues with BPA”. Lani’s testomony prseedted the science on which on which Maine’s Safe Kids Law, and the attending BPA phase out, was based.
The broader history on this speaks to the culture and objectives of the LePage Adminsitration.
It speaks to the horrors of having a chemical industry lobbyist at the healm at DEP..an open invitation to JD Irving and other polluters to set up camp in Maine
It speaks to the culture of our legislature and the culture of the Committees whose job it is to be the gate for what bills do and do not pass muster
If we had an independent Attorney General (as most other states do) or an Investigator General System Lani woud not have had to put herself on the line to put this information on the record.
“we the people” are on notice..if we don’t follow through to insist on Aho’s removal and insist on some very fundamental changes in the culture of our legislature, we are responsible for bills like the one she spoke up on that have made Maine a Banana Republic totally harnessed to corporate greed and corporate influence.
The ball is in our court now.
I love your posts.Well documented and well said.
Great post. You are absolutely correct about the State settling quickly. A $65k settlement isn’t enough. Is she being offered her position back …… I could not find that information anywhere.
Probably not. I’ll bet in her personnel file will be a letter of the settlement and a large yellow sticky saying: ‘Not for rehire’.
Commisioner Aho should be replaced immediately. It’s amazing how these directors, commissioners, senior management do not know employement law!
oops, sorry. She was demoted! Will she be offered her position back?
Replacing Aho is gonna be the least of LePage’s problem’s if this ever gets any traction in a Federal court. If the Court’s determine that Aho used her Official Position to intimidate or interfere with Lani’s testifying to the Legislature, at a minimum Aho is facing a Federal Witness Tampering charge on top of a Conspiracy to violate Civil Right’s under Color of Law charge. I would suggest that Patty seriously start thinking about getting herself her own lawyer separate from the AG’s Office. If this mess ever generates a Grand Jury subpoena, well, Patty, I hope you like the hills of West Virginia or the Midwest ’cause someone’s going on a Martha Stewart-type ‘sponsored’ vacation.
It will take brave representatives in Augusta to pass a law enabling Mainers to recall LePage. He is ruining Maine’s reputation among other things.
LaPudge’s loonie ideas are costing the State money, let alone the fact that he hasn’t been focused on job creation. The corruption inhabits the Blaine House.
I just keep hoping that one of these situations will lead us directly to a very careless LePage !
The headline should read, “employee gets screwed, lawyers on state welfare.”
I think you read my mind. Let’s see, $27,300 or 42% of the settlement to lawyers who worked on this for all of 6 months – last I knew, all you can do is submit the evidence and up to a 20 page brief in Federal Court. This case was simply filed – not heard or rebutted. All I can say is legal thievery.
the clumsy oaf that is the lepage administration just keeps costing maine more and more money in court cases and damage settlements…nice.
Another example of how the Lepage administration has the best interests of corporate donors, instead of the best interests of the public, at heart. The saddest part is that so many are so bamboozled by the “common man” and “working Mainer” propaganda he uses that they actually think this politician (or any other) is doing something to improve the situation for all of us.
Thank you, Andrea Lani, for your courage, integrity and perseverance! You’re a hero to all moms whose kids are made sick by the chemical industry and to all workers unfairly treated by political bosses.
Democracy 1 Fascism 0
Spounds like that “middle management” problem that the Governor was talking about.
Your tax dollars at work! Another proud moment for this socialist administration – remember that pesky landfill up north? Since the lawsuit was against the state – which has immunity from being sued – and two officials personally, we just forked over $65 of your hard earned dollars to let a commissioner and bureau director off the hook. Last I checked the headlines, LePage stood for personal responsibility, not government bailouts. Sad, two-faced, cronyism.
Andrea Lani, I hope you can out last this administration. We need people with integrity. Now you might want to check out the cost of a knife proof vest to put on your back. I highly doubt that Governor LePage and his hatchet crew will take this lying down. I’m sure they will try to make your work life a living hell. Document, document, document.
If you look closely you will notice that DEP Commissioner Patricia Aho is growing a beard and Ronald Dyer, director of the DEP’s bureau of remediation and waste management is growing a rack. But heck……..that’s nothing to worry about. Anything for a buck!
So perhaps it is top management in Augusta that is corrupt?
And this is why this corruption will never end. the state should have been made to admit breaking the law and the perps involved should do jail time. Otherwise this will never end.