Update ...

RE: Shelton Charles' Whistleblower Lawsuit

Just point and click ...

Originally Posted: Sept 15, 2006
Revised: 12-11-06 - Added link - TLC loses 1st round

TLC loses 1st round in Court
Dec 11, 2006 - Click here



Links To Shelton Charles (Plantiff) Legal Stuff

Plantiffs Original Petition To The Court, pdf
Plantiff's First Set of Interrogatories to TLC, pdf
Plantiffs First Requests for Production to TLC, pdf
Plantiffs First Set of Interrogatories to Gary Grief, pdf



- Brief Update -

Many of you have been asking "what's going on" ... so here's the latest.

Mr. Charles lawsuit is still very much in progress - they are going through the legal motions which takes time. On or about August 17 or 18, 2006, the Texas Lottery & Gary Grief received papers from Mr. Charles attorney's that by law, the TLC has 30 days to respond. I'm not a lawyer, but I believe this is called "discovery."

The story below appeared in the Austin Chronicle yesterday (9/14/06). It makes for a very good read! I know that the major media is very interested in Shelton's story and do plan extensive coverage as things develop.

The State Auditors July 2006 TLC Employee Report confirmed almost everything we've heard from EX-TLC employees and much of what Mr. Shelton reported too. The State Auditors RePORT 76,187,108,223,131,88 n employee Shelton Charles thinks so.

Charles is suing the commission, alleging he lost his job as a systems analyst on Nov. 4, 2005, because he alerted the Texas Legislature via an e-mail on Nov. 2 to breaches of security and ethics, and to a cover-up in which employees "are bullied into silence." The lawsuit, filed March 3, will attempt to scratch off three in a row by claiming the commission 1) has lied about whether its Disaster Recovery Center is operational, 2) has cheated the public out of money and records by inflating the cost of requested documents, and 3) has discriminated against African-Americans by denying them fair pay and promotions. Shelton v. Texas Lottery Commission and Gary Grief is headed for U.S. District Court in Austin in 2007. Derek Howard, Charles' attorney, says the case is "rare" in that it is so clear-cut and that the state's defense is so "thin."

Charles, who worked for the lottery commission for nearly 10 years and kept quiet for quite a while, says the commission engaged in unethical dealings – most pertinent to this case, the systematic sabotage of information requests. Charles also says he witnessed racial discrimination. "The commission made an offer to a black applicant for $10,000 less a year than a white applicant who scored lower on a test," he cites as an example.

Fear made employees suffer in silence, he says. In a prophetic Oct. 26 e-mail to acting Executive Director Gary Grief, Charles writes: "When managers can make statements like, and I quote, 'I'll fire everyone of you son of a bitches on my way out,' and employees are filled with such fear, no one speaks out. … I fully expect to be walked out of [the] Lottery as so many others." This type of threat was routine for administrator Mike Fernandez, Charles says. As he plans to bring out in the lawsuit, Fernandez earned a reputation for heartlessness in firing the late Mark Bradshaw, a cancer patient who reportedly had raised his own concerns over deleted records. Attempts to get Fernandez's take on the situation were fruitless, as the commission says it is its policy not to discuss personnel issues or pending litigation.

Grief never responded to Charles' e-mail, so on Nov. 2, he sent another more emphatic one to Reps. Kino Flores and Corbin Van Arsdale. "The Lottery Disaster Recovery/Business Resumption site has never been operational. … Millions have been spent on the site [to fix it] and the cover-up continues," the e-mail states. Charles attributes inflation of some open-records fees to the alleged cover-up, stating in his e-mail, "I have sat in meetings where the main topic of discussion [was] setting costs that would force requests to be pulled or modified to limit information release."

At a Nov. 14 hearing, lawmakers acknowledged Charles' concerns had validity. Charles says Flores visited the site later and found computers in boxes. The commission could not provide the Legislature with a start-up date for the center, amount spent, or test plan, Charles says.

Meanwhile, on Nov. 4, Joe Goebler, Charles' supervisor, and John Shaw, a human resources officer, summoned Charles to a meeting they had arranged to be recorded. According to the transcript, Charles believed Goebler and Shaw were baiting him to name names. "I really am not going to get involved in this kind of witch hunt," Charles tells them and then requests they put their questions in writing. Goebler replies "okay" to him more than once. But Charles' gut instinct that he was about to be thrown overboard was right; five hours later, Grief fired him for insubordination. The lawsuit claims Charles never refused to answer questions.

The state filed a lackluster response to Charles' accusations May 9. Assistant Attorney General William T. Dean writes that the defendants deny Charles' contention that a malfunctioning disaster recovery site could cost Texas millions of dollars in the event of an emergency because the site handles internal operations and not ticket sales. They also deny Charles' accusation that the commission inflated the cost of fulfilling public-information requests. "In fact, the Information Resources Department would only input the estimate of the number of hours required to fulfill a given open-records request but never had responsibility to set the actual costs for the same," Dean writes.

The defendants admit that Charles was fired despite the fact that his performance reviews were generally "excellent." And in justifying the accusations that Charles was insubordinate, the defense argues that the "use of the word 'ok' was nothing more than a verbal conversational pause, like 'ah,' and had no significance as an agreement to actually put questions in writing," the pleading states.

Semantics aside, the question remains: Is the expensive Disaster Recovery Center functional yet? Charles wishes anyone who poses such questions lots of luck, for, according to him, the answers may not be forthcoming. "When anyone asks about the center, the [management] always goes to the AG's office for a waiver to release information … in the interest of security," he says. Win, lose, or draw, the case may force the commission to be more open in the long run, one of Charles' key objectives in filing the lawsuit. "They want to run this operation like a private club," says attorney Howard. "I believe the law demands otherwise."


Links To Shelton Charles (Plantiff) Legal Stuff

Plantiffs Original Petition To The Court, pdf
Plantiff's First Set of Interrogatories to TLC, pdf
Plantiffs First Requests for Production to TLC, pdf
Plantiffs First Set of Interrogatories to Gary Grief, pdf

More to come ...


... Related Stories ...

Whistleblower Lawsuit Filed - Shelton Charles - Feb 2006
Click here

Ex-Employee, Cindi Suarez Sues Texas Lottery Too!
Feb 2006 - Click here.

TLC Moving EquipmentTo Recovery Site
Hearing set at Capitol for Monday, Nov 14th - 11 AM. We want
resignations. Read Nov 7th & 8th postings. Click here

A Texas Lottery Employee With Courage - by
Lottery Workers email rips agency -
Houston Chronicle
November 4, 2005 - Click here


Watch the Nov 14th hearing at the Capitol, .

Public Comments from those who watched the hearing, Click here.

My Nov 17, 2005 Interview
Texas Public Radio- Texas Matters. Listen to
Nov 18, 2005 (#273) story. Very interesting!

Lottery fires worker 2 days after he sent scathing e-mail
Houston Chronicle - Nov 4, 2005
Lottery fires employee who said emergency center doesn't work

Associated Press - Nov 4, 2005
Click here.

A Texas Lottery Employee With Courage - by
Lottery Workers email rips agency - Houston Chronicle
Nov 4, 2005 - AM - Click here.

Lottery's At-Will Firings Keep Employees On Edge
Houston Chronicle - Posted 8/8/05 - Click here

(TX) Lottery Commission's personnel policies questioned (AP Wire)
& They Won The Jackpot ... Lottery money can bring mixed blessings
Posted August 4, 2005 - Click here

Lottery Troubles Everywhere & Message To TLC Employees!
Columnist's slams of Texas Lottery going unnoticed in Austin
Editorial by Ken Rodriguez - Express-News Staff Writer
Ex-Employees (Texas) Sends Video And They Request
that I relay a message to current employees - The sibkkc.ru
Click here to read all five stories

Two Stories As They Appear In
the Houston Chronicle & SA Express News
Lottery enlists help from outsiders by Lisa Falkenberg
There's still a chance for Lottery to lose even
more credibility by Ken Rodriguez
(Posted 7/23/05) Click here

E-mail To Lawmakers Reveal ...
Commissioner Cox, Gary Grief & Reagan Greer knew but
took NO action ... Apparently they chose to deceive the public. Click here.

True Findings Vanish From Final Audit Report (More Deception)
Lottery Watchdog's Bite 5 Years In Making (About Me)

Click here

- Two Stories And One Editorial By Me -
Lottery losing more than sales — it's losing credibility

Editorial by Ken Rodriguez - San Antonio Express News
Lottery chief gets blame for inflated jackpots
Editorial by Karen Brooks - Dallas Morning News
I Was Frustrated ... About Gary Grief, Kim Kiplin,
Diane Morris & the Commissioners.

Editorial by The sibkkc.ru
Posted July 3, 2005 - Click here

A Special Message To All TLC
Employees - Past & Present

Click here.

Just point and click ...

The sibkkc.ru




Fax
Email


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I>I Was Frustrated ... About Gary Grief, Kim Kiplin,
Diane Morris & the Commissioners.

Editorial by The sibkkc.ru
Posted July 3, 2005 - Click here

A Special Message To All TLC
Employees - Past & Present

Click here.

Just point and click ...

The sibkkc.ru




Fax
Email


Related pages


power lotto winnerpowerball tx lotteryvirginia lottery numbers from last nighthoosier lottery winning numbers searchga lottery powerball payoutsil lottery winning numbers1000 for life lottery scratch offpowerball tx lottery resultslotto plus payoutky cash ball numberslottery check numbers historymnlottery powerball winning numberspast winning michigan lottery numbersde lottery pick 3texas mega million lottery winning numberstx lottery numbers for tonightnew lotto payoutslottery post quick pickwhat are the most common numbers in the lotterymd lottery pick 3 drawing timesmegaplierresults powerball samegamillions amountben barnes lobbyistpick 3 lotto texas resultsnumeros de mega millions californiavermont mega millions numberslotto extra breakdownresults of powerball lotteryindiana lottery pick 3 eveningtxlottery ogsuper lotto plus resultados2 powerball numbers correctlottery ticket saleslottery hoosier winning numbersquick pick lottery oddshow to play texas lottery mega millions10c bonuspowerball payouts chartcalifornia lotto mega millionpowerball current jackpot amountnew mexico powerball past winning numberstexas powerball past resultspick 3 winning numbers ncwhat does powerball paymaryland lottery drawing timestodays lotto drawyesterday pick 3 lottery numbersmichigan mega millions drawingtxlottery.ogpowerball lottery current jackpotlotto and lotto plus draw resultsscratch and win prizestexas tomorrow fund cash outnew york lotto numbers for tonightwinning lottery numbers texas mega millionscash 5 colorado winning numberslotto texas powerballwhere was winning ticket sold for mega millionsquick draw ny lotterymega million ny lottery resultstexas lotto numbers for last nightluckiest scratch off lottery ticketswinning tx lotto numberswhat time is the super lotto drawingpowerball numbers va todayms lottery winnerslottery quick pick or own numberswashington dc mega millionsmega millions kentucky winning numberswww texaslotto com winning numbersfla lotto scratch offstexas mega millions past resultslotto plus winning numbersyesterday powerball resultspowerball payout ct