The case of a 2006 Blue Grass Chemical Activity (BGCA) whistleblower has been dismissed by the U.S. Department of Labor Administrative Review Board, according to information sent Wednesday from B. Kevin Bennett, legal counsel for the Blue Grass Army Depot.
According to the court record dated Sept. 30, Administrative Law Judge Thomas F. Phalen Jr.
granted the depot’s motion for summary judgment because he agreed that Kim Schafermeyer, former depot employee, was too late in filing his complaint, the record states.
Schafermeyer, who served as an analytical chemist and industrial hygienist for the Blue Grass Army Depot, was terminated via letter on July 12, 2006, and he filed the appeal on Aug. 17, 2006, which was just outside the 30-day time period.
“We (the U.S. Department of Labor Administrative Review Board members) agree with the (administrative law judge) that Schafermeyer has failed to raise a genuine issue as to any material fact regarding his entitlement to equitable tolling on the grounds that he timely filed the precise statutory complaint in the wrong forum,” the record states. “Accordingly, we accept the (administrative law judge’s) recommendation to grant the depot’s motion for summary judgment and we deny Schafermeyer’s environmental whistleblower complaint.”
His complaint, however, was directed in the wrong direction, Phalen said. He suggested that Schafermeyer file his complaint with OSHA (Occupational Safety and Health Administration), which also investigated and denied his claim, according to the report.
In his original complaint, Schafermeyer admitted that he was aware that his filing was too late.
“He did not submit any whistleblower claims until Sept. 22, 2006,” Phalen wrote in a previous report. “Nearly two-and-a-half months after he received notice of termination.”
No matter what route Schafermeyer would have chosen, the fact that the complaint was not filed during the specified time period does not change.
“There is no evidence the signed statement was signed or sworn to in the presence of an individual authorized to administer oaths under law,” Phalen wrote in his recommended decision made in May, 2007. “Therefore, I find these statements do not hold the weight of sworn testimony — but take them for what they are: unsworn statements.”
Schafermeyer was represented by PEER (Public Employees for Environmental Responsibility).
Ronica Shannon can be reached at rshannon@richmondregister.com or 623-1669, Ext. 234.
Local News
Depot whistleblower claim denied
- Local News
-
-
‘She wasn’t just a teacher’ : Lambert retires after 43 years at Berea
Scroll to the bottom of the story to read "Love for Lambert: Berea graduates share memories of their teacher," as well as a list of other Berea retirees this year.
Writer’s Note: Brenda Lambert is the reason I write articles today (Class of 2000).
Years ago, a little blonde-haired girl from Rockcastle County gathered her friends to “play school” in a 10-by-10 foot playhouse her father built.
Even at 12 years old, Brenda Lambert knew she wanted to be a teacher one day.
“I always felt like an old person trapped in a young person's body,” said Lambert, who is retiring after 43 years of service to Berea Community School. -
Special Olympics return for 18th year at EKU
Next weekend, the Special Olympics Kentucky State Summer Games return to Eastern Kentucky University campus. This is the 18th consecutive year EKU has hosted the event.
The games will be Friday through June 2. About 1,300 athletes will compete this year. -
Assault charges reduced, dismissed by grand jury
Two men arrested in connection with serious assaults had their charges reduced, and in one case dismissed, by a Madison grand jury.
Jerry Wayne Edington, 34, of Berea Road, was charged Jan. 19 with second-degree assault after an altercation at the Blue Moon bar on East Irvine Street, according to a Richmond police report. -
Dump of the Day
The Dump of the Day is a recurring series the newspaper publishes to highlight illegal trash piles and push local governments to cite perpetrators and get illegal dumps cleaned up. See Page A7 in Sunday's paper to read a copy of the city’s ordinance related to trash pickup.
-
Paradise Cove open through Labor Day
Opening day of Paradise Cove Family Aquatic Center coincided with a spike in temperatures Friday which reached 90 degrees. The facility, located in Richmond’s Lake Reba Park, will be open through Sept. 3. Regular hours are 11 a.m. to 7 p.m. Monday through Saturday and 1 to 6 p.m. Sunday.
-
Dump of the Day
An old mattress, a car seat and other debris sit Friday afternoon on North Street between Fourth and Fifth Streets where it was first spotted Thursday. The “Dump of the Day” is a recurring series the Richmond Register publishes to highlight illegal trash piles and push local governments to cite perpetrators and get illegal dumps cleaned up. See Sunday’s Richmond Register to read a copy of the city’s ordinance related to trash pickup.
-
Undefeated academic team brings pride to Madison Middle School
Madison Middle School 6th and 7th grade academic teams have been undefeated for the last two years.
The 8th grade team also has done well, having some students qualify to compete at the state level. -
Woman fends off burglar with knife
A Berea woman used a kitchen knife to fend off an alleged burglar early Wednesday morning, and police say they were able to catch the man in the act.
-
Man is indicted on additional sex charge involving teen in 1998
A man already accused of sex abuse in November 2011 has been indicted on a charge of first-degree rape involving a child in 1998.
Charles W. Peyton, 63, of East Irvine Street, was indicted Wednesday by a Madison grand jury. He used “forcible compulsion” to have sexual intercourse with a 14-year-old girl between March 1 and May 1 in 1998, according to the indictment. -
Woman fends off burglar with knife
A Berea woman used a kitchen knife to fend off an alleged burglar early Wednesday morning, and police say they were able to catch the man in the act.
Officers responded to a call in the 1000 block of Scaffold Cane Road about a man trying to break into a home, according to a release from BPD Public Information Officer Jake Reed. - More Local News Headlines
-
Raw Video: Gay Protest Blocked in Moscow
Vatican in Chaos After Butler Arrested for Leaks
Jimmy Carter Endorses Egypt's Election Results
Biden Addresses West Point Graduating Class
Dozens of Children Killed in New Syria Attack
Raw Video: Activists Allege Massacre in Syria
NJ Man Charged With Murder in Death of Patz
Support, Fun for Kids of Fallen Soldiers at Camp
Fugitive Penguin Caught, Returned to Aquarium
50 Years Later, Underground Fire Still Burning
Light Show Transforms Sydney Opera House
Raw Video: Unruly Passenger Restrained in Miami
Raw Video: Robber Uses Drive-thru Window
Raw Video: Dragon Arrives at Space Station
Calif.'s Coronado Named Nation's Best Beach
CEO Salaries Become Sore Issue in Labor Disputes
