the failure of Ms. Lambert, former Executive Director ofKingsboro, to respond to my letter to her dated August 14, 1994. This letter states, in part:

“I am still awaiting replies to the letters I have sent you . I believe that conditions under which I am presently working are intolerable. Attempts to resolve these issues with administrators such as Dr. Reese and Mr . Jorawar have resulted in further cover-up and harassment. My physical  safety has been threatened  as well as my career.  As a result,  I am having extreme difficulty discharging my responsibilities as a state psychologist and once again request your immediate inte rvention.

As I have repeatedly expressed, I have been forbidden from reporting my concerns for patients welfare and its cover-up on State time.

“I continue to fear for the patients’ welfare; they are not receiving proper treatment nor ( c are. Several other union members have approached me with similar concerns but are afraid to speak out. Attempts to address these i sues with administration only result in cover-up and retaliation.”

In a meeting with the union on December 7, 1994 I strenuous deplored these and related conditions. Despite the union’s assertion that they have made  vigorous attempts to resolve these issues with management, I have seen very little results except for continuing retaliation and cover-up .

I informed others at Kingsboro of my concerns as well. For instance, approximately two months ago, I wrote the following to Dr. Reese, Director of the Psychology Department:

“Most importantly, I have told you repeatedly that I am having extreme difficulty functioning at Kingsboro Psychiatric Center. I feel that patients are not receiving proper treatment and that both my personal safety and career has been threatened as a result of attempts to address this concern. You have told me that there was nothing you can do about this. As a result, I have sought alternate channels for help and await advice on how to proceed.

Most recently, on March 16, 1995 I sent a letter (as ordered by Ms. Osman, who is conducting this present grievance process) to Mr. Robert Morrison ofK.ingsboro’s  Quality Assurance Department, mentioning several instances of improper patient treatment and neglect.

I was given very little official and no in-title work in my new assignment at Program Evaluation; was prohibited from communicating with my previous unit; and was not allowed to work with patients. I spent time teaching myself computer programming and reading psychology journals. When I reported finding falsified documents related to the Children and Youth investigation on one of the computers where I then worked, I was swiftly  reassigned   to  another  building as a library clerk and messenger, work previously .., done by a patient.

Meanwhile, while working at the library I received a letter reducing  my clinical  privileges in all areas and requiring that I be supervised in my work with patients. This made little sense since I was not being allowed to do any work with patients, and I was also

forbidden  by management  from contacting my supervisor.

Finally in November  1989 I requested  the intervention  of my lawyer. Almost immediately { afterwards I was reassigned and a few weeks after that finally received a response to my A,. grievance from Mr . Ned.Mack stating that my grievance was moot since I had already

been reassigned (!?)

I was next reassigned out-of-title work as a remediation instructor. I was informed of no significant problems with my work,  received a good evaluation,  yet on  DATE I received a letter form the Office of Professional Disciple notifying me of an investigation into charges of professional misconduct in connection with my work at Kingsboro. No substance was found to the charges.

difficulties getting continuing conditions related to the lack of proper patient treatment addressed. At the time, the latter included  patients  bringing back drugs and alcohol to the wards; false documentation of treatment not actually received; and falsification of records. (Many of the specific charges referred to were  later detailed  in a tape recorded meeting with the Employee Relations (local) on December 2 1991;  see below.) At that time Mr. Jorawar said he would

In December 21, 1992 Mr. Jorawar called a meeting to inform  me that  I’d  be fired  if  I didn’t sign what I considered fraudulent  psychological  reports.  I finally  agreed  to  sign these reports under duress since I saw little alternative and because Mr. Jorawar agreed to resolve my concerns.  He  said  he  would  schedule  another  meeting  approximately  a couple of weeks later to discuss the implementation of a plan to resolve my conce rns.

Draft:  February  26, 1995

I was informed in the last meeting that I was not entitled to results of investigations conducted by the State in connection with patient conditions at Kingsboro. While I agree that there are reasons in certain cases to keep some of the findings confidential there are

circumstances where it is absolutely essential that staff be informed of the results directly related to patients they am treating.

For instance, I am currently working with a patient who accuses staff members of abusing him. He is an extremely difficult patient to work with as he frequently elicits staff rage and anger by spitting at them, exposing his genitals, making bigoted statements, etc. I have daily psychotherapeutic contacts with this patient, but believe that he can not receive proper treatment from me unless I know whether in fact staff is abusing him or not. One of issues is his ability to accurately report and interpret events in the outside world, I can not do so effectively without knowing the “reality” as determined by the investigation into his charges . Should I treat this patient as a victim or as an aggressor -­ that makes a big difference! In effect, by not releasing this information to those who work with him, his treatment is being hindered and the welfare of the people who live and those that work with him are being potentially threatened.

The need for concrete information was most clearly seen when I worked at Children and Youth. For example, a former patient of mine complained to me that her teacher was sexually abusing her. (I believe that the following series of incidences were not covered by the Bureau’s August 1989 inve stigation.) I informed the Treatment Team Leader who said that he would investigate. Other patients came to me with similar reports I was told that I could not talk to my patients about these issues because there was an investigation underway. This despite the fact that the patient who had first alleged abuse desperately

wanted to talk about the abuse during therapy sessions and even throughout the day.

She was showing  extreme  signs of stress and was in immediate  need of my

psychotherapeutic interventions as she was apparently not speaking to anyone else about these incidences. I was forbidden from taking about this in family sessions when her mother demanded to know why her daughter suddenly seemed to be falling apart. This is

a child allegedly raped by staff in a psychiatric hospital and forbidden  to  receive treatment for it! The staff member was allowed to  continued  to  work on the ward  and  a treatment plan was developed to  encourage the patient to  stay in his classroom. After  several  weeks  of no apparent indication of any investigati on, I reported the incident to Commission of Quality of Care.

The staff against whom the allegations were made was finally ordered off ground. However, he returned several times thereafter, apparently unnoticed by administration, but certainly noticed by other staff including myself, and most significantly, the patients themselves, who reacted with severe signs of distress .

As far as reporting these matters, I was told at the time that it was sufficient to tell Children and Youth administration who would do any necessary follow-up. I was specifically told not to write incident reports, or anyway follow-up on my concerns since it was already being investigated . I was told to utilize incident forms only after I reported these and other incidences to Governor Cuomo and the Commission of Quality of Care.

For specifics about this and similar incidences please see documents turned over by me (as well as by others) to Mr . Kretzel during the August 1989 Bureau of Employee Relations (Albany) invest igati on into these matters

My main concern with regards to not getting any feedback from alleged investigations by Kingsboro is that proper investigationsdo not, in fact, take place. For years I have been told that my allegations were being investigated, but conditions do not change. I was never interviewed with regard to what my specific charges were, never given the opportunity to present supporting records and documents . This pattern of non-response to serious charges continues to this date .

I stated to Ms. Bae in 1991 that it was reported in Rounds that a patient was self­ medicating himself daily on the ward with drugs and/or alcohol. Staff in attendance at this meeting numbered approximately 15 including a top hospital clinical administrator. No incident reports that I am aware of were made. It was (and sometimes remains, depending on the person you talk to) the practice ofKingsboro to first report incidences to one s immediate supervisor who will then do any necessary followup.

I have been denied any supervision in regards my concerns at Kingsboro and  have had  to rely on the advice of outside professionals. I have been trying to find out the state of my clinical supervision for over a year ( see document  attached  to  grievance  amongst  others). I am still awaiting an update to Ms. Lambert’s directive that I am required to have clinical supervision because of some vague and non-specific deficiencies in my work

In a meeting with Dr. Reese, on February 24, 1995, he first refused to acknowledge receiving recent memos I had sent to him in regards my concerns, and then said he received them but didn’t bother to read them. He then verbally counseled me for refusing to sign an outdated document sent by Mr. Jorawar that I explained in my most recent memo I was not suppose to sign.

In this memo I stated:

“Most importantly, I have told you repeatedly that I am having extreme difficulty functioning at Kingsboro Psychiatric Center. I feel that patients are not receiving proper treatment and that both my personal safety and career has been threatened as a result of attempts to address this concern. You have told me that there was nothing you can do about this. As a result, I have sought alternate channels for help and await advice on how to proceed.”

I have recently been reporting that patients spend most of their time on the wards without any activities or treatment; left to stare into space. It is only when surveyors are about to arrive (often literally minutes before) that ad-hoc groups are formed. Documents have been falsified to cover this up. I have made strenuous efforts to get this particular problem addressed. These efforts were intensified after I was given the title of Program Coordinator in Spring/Summer of 1994. Part of my responsibility was to document

activities that were not in fact going on. I refused to do this and apparently lost my .b position as Program Coordinator as a result. I followed the chain of command up through Albany (and beyond) in order to get this matter addressed.

Once again, my contention is that I have to repeatedly go outside Kingsboro in order to get issues addressed within Kingsboro — in my experience, something is wrong with the “chain of command. “

Office of Professional Discipline, The State Education Department July 25, 1991

“This Office is currently conducting an investigation into allegations against you of professional misconduct pertaining to the reduction of your clinical privileges at Kingsboro Psychiatric Center.”

I have also given specifics to all those who have requested them outside Kingsboro including the Commission of Quality of Care,  the Inspector General’s Office, the Legal  Aid  Society,  the  Committee  of  Government Integrity, and numerous other agencies who have and are investigating conditions at Kingsboro. It was my original specific  charges  to  Governor  Cuomo  and  the Commission of Quality of Care that started the investigation into Children and Youth. Mr. Kretzel explained to me that I was the first person to come forward  with  specific  incidences  and that my statements were pivotal in the inv estigation. I provided him with two weeks of testimony giving extremely specific answers and providing all documents  requested . Also see documents I sent to the American Psychological Association, PEF, Governor’s Office, Commission of Quality Care, etc. all containing specifics and turned over to the Bureau of Employee Relations in Albany as well as to the union.

A meeting with Employee Relations (local) 1991 was tape recorded but I was not provided with a transcript, recording or response. In anticipation of this, I essentially read from my notes which detailed specific instances. Excerpts from these notes follow:

Told specifically by Ms. Jones. Social Worker, Unit Coordinator and my Administrative Supervisor at the time, not to record my concerns in writing but instead report them directly to her. I was specifically told not to write incident reports or use the Ward Log Book or patients’ chart for recording specific instances. This was the same directive given to me at Children and Youth before I reported my concerns to the Commission of Quality Care.

When, despite this directive, I began reporting my concerns in writing, I was severely criticized by Ms. Jones and retaliation followed.

Instances of Mistreatment/Lack of Treatment:

Mr. Leiman, my clinical supervisor, asked me to focus my supervision on  particular patients: One of the ones I chose was GH since I was alleging that he was abusing other patients and engaging in criminal behavior on the wards.

Numerous reports of GH bringing back alcohol to ward. SH, SH’s girlfriend, AB, B?, Mr.

L. After mentioning this many times, Ms. Jones finally called three of the patients making the charges into her office. Patients in separate interviews gave corroborating testimonies of GH’ s bringing back alcohol on the unit for to patients (either for money or clothes), often putting alcohol in McDonald’s soda cups so as not to be detected . (I was there at these meetings.) Afterwards Ms. Jones called in GH and warned him not to take other people’s clothes(!?) . I believe I made an entry in GH’s chart at this time.

Team meetings in March and April: staff reported GH not going to his programs, wandering off groundsintimidating other clients into giving him money, clothes, etc.. I discussed GH’ s bringing alcohol and selling it to patients in several of these meetings.

4/5/91 4/19/91 other dates. Supervision with Mr. Leiman: inappropriateness of GH’ s treatment. Spends most of his time wandering off grounds, bringing back alcohol, drugs to other patients on the ward.  Not going to his ward activities.  Is not in any program  dealing with his drug and alcohol problems. Threatening, abusing other patients. Staff intimidated by him. Mr. Leiman explained that I discharged my responsibilities by reporting conditions to him and Ms. Jones. I explained that I feared that nothing appropriate was being done in response.

4/5/91 4/19/91 other dates Supervision with Leiman exclusively focused on GH Other periodic incidences:

FC Unit-wide Case Conference: smokes pot frequently to help him get to bed. Easy availability of drugs and_alcohol  on unit discussed .  Nothing about how to  report thesefocus just on patient’s functioning

Patients make repeated references to the work that they do on the ward — work that should be assigned to staff. Patients are under the impression that their work will get them discharged sooner. Two of my patients — repeatedly made these remarks during therapy. For instance, during the spring of 1991 JC reported that he continues to mop and clean the bathroom but no longer mops the hallways .

Another example: in individual session of 7/12/91 with ABreports proudly of work he does on ward everyday“so that I can get out of this place.” He regularly mopped the showers, emptied ashtrays, took out the garbage (Wrote re this in patient’s chart, also reported to Leiman)

5/17/91 Ms. Jones informs me that she was told to stop assigning me new patients because something was very wrong with my work... unaware of what… Supervision with Mr. Leiman: he was unaware of this.

6/18/91 10:00 Meeting with Hen, Mr . Leiman and Mr . Meany... great difficulty working under existing conditions felt retaliated for reporting patient mistreatment. Mr. Meany told me I had the option of leaving my job.

6/21/91 Meeting with Mr. Jorawar (discussed elsewhere)

6/24/91 Letter to Lambert signed as received by her secretary. Mr . Leiman  refused  to sign as received a confidential letter given to him related to my concerns and his part in them.

7/5/91 2:25 Told Ms. Henderson of falsified patient documents , patients not receiving proper care, etc. In response, she told me she was more than doubling my caseload .

Called Mr . Meany in. Mr. Meany said that he would discuss my concerns with Mr. Jorawar and Ms. Thompson.

7/8/91 8:40 Talked with Ms. Lambert who read but refused to sign or accept my letter (cc to her and dated 7/6/91) re patient mistreatment. Lambert told me not to deal with patient mistreatment on State time. I specifically asked Employee Relations (local) for a response to this since this directive seemed to preclude my reporting my concerns at Kingsboro. I received no follow-up or corrective to Ms. Lambe rt s directive .

9/8/91 Memos to Reese and Jorawar re my concerns

9/10/91 Informed Mr . Cuiman of issues related to patient mistreatment in grievance Meeting.

10/29/91 Letter to Ms. Thompson (cc: Lambert, White, Mr . Jorawar, Mr. Leiman, Bae, Mr. Meany, etc.) making charges of patient mistreatment.

  • Dale Jones regularly wrote medical summaries and Mental Status exams for patients without examining /interviewing them (latter occurs when  patient  is about  to  be discharged  and  no positive  psychiatric note in chart). The ward psychiatrist would sign sometimes without reading.

I had written documentation/evidence to back up many of these incidences, but none of them were requested of me. I also have been given no feedback from this investigation and fear, once again, that there was no appropriate follow-up to my concerns. For instance, by failing to response to my charges that I was directed by Ms. Lambert not to report problems with patient treatment during State time, Employee Relations (local) supports this directive as valid and still applicable.

“I have been reported to the Office of Professional Discipline a minimum of four times for unsubstantiated charges of professional misconduct at Kingsboro. I refer you to the copy

of a letter from The Office of Professional Discipline (dated July 25, 1991) given to Richard Casagrande, General Counsel of PEF. In this letter it states that I am being charged by Kingsboro of professional misconduct in relationship to my reduced clinical privileges . Copies of this letter were given to Ms. Schuster and Mr. Smith as well. ( Also see letters addressed to Mr. Casagrande dated September 8, 1991 and November 3, 1991.) Since that time I continue be subjected to similar charges and, despite numerous protests, the administration has failed to act. “

I also refer you to the July 25, 1991 letter from the Office of Professional Discipline:

“This Office is currently conducting an investigation into allegations against you of professional misconduct pertaining to the reduction of your clinical privileges at Kingsboro Psychiatric Center.”

Letter to Ms. Lambert dated June 22, 1991:

“Please hear me clearly: I believe that there is a continuing cover-up of patient mistreatment at Kingsbo ro. Attempts to have these matters resolved at Kingsboro have resulted in harassment and retaliation against me….

Telegram to Claude LeMonier December 30 1988

“Children are being physically and sexual (sic) abused at Kingsboro Psychiatric Center. I am being harassed for trying to report this situation .

Soon after I first reported concerns at Children & Youth in 1982 it was explained to me ‘- that I would have to resign from my “Permanent” position and job. It appears that

Kingsboro mistook me for a psychologist living in Kansas(?) also named Kenneth Diamond. In compensation Kingsboro agreed in the future to use the middle initial when referring to employees (mine was “L” his was “A”?. (I had also facetiously suggested, that Kingsboro double check before ever hiring anyone living in Kansas.) This fact is somehow relevant enough that it was mentioned by Kingsboro Psychiatric Center when a representative of management (I believe it was Mr. Jorawar) was interviewed by the Office of Professional Discipline, State Board of Education in connection with Kingsboro’s charges of professional misconduct against me. I have in the past been accused of somehow fraudulently gaining my employment, a totally ridiculous charge!

“As agreed in our last meeting, you are required to make available a letter of rejection from the State License Department if your license renewal is rejected

I have already informed you that the “State License Department” has repeatedly found little substance (or even specifics) to the charges which you continue to make against me. I have requested that Kingsboro give me a written explanation as to what , if any, the specific charges are so that I can prepare a response . Neither my supervisors or other administrators are able or willing to discuss these charges with me. Dr. Reese, Psychology Director, has threatened me when I try to discuss these matters with him (see letter DATE).

I have been reported to the Office of Professional Discipline a minimum of four times for unsubstantiated charges of professional misconduct at Kingsboro. I refer you to the copy of a letter from The Office of Professional Discipline (dated July 25, 1991) given to Richard Casagrande, General Counsel of PEF. In this letter it states that I am being charged by Kingsboro of professional misconduct in relationship to my reduced clinical privileges . Copies of this letter were given to Ms. Schuster and Mr. Smith as well. ( Also see letters addressed to Mr. Casagrande dated September 8, 1991 and November 3,  1991.) Since that time I continue be subjected to similar charges and, despite numerous protests, the administration has failed to act.

“The results of said (C&i; investigation is not available to KPC…

I couldn’t have requested the results of these documents, since I already have them. (For instance, see Commission of Quality of Care’s “Findings”, dated December 21, 1989 or KPC’s Response”  dated February 16, 1990.) As I explained to Mr. Jorawar on December 27, 1992, theses documents are required to be made available under the State Freedom of Information Act. These documents, together with a letter from CQC stating that I was initially responsible for this investigation, make it clear that, despite KPC’s continuing charges to the contrary, I acted appropriately by expressing my concerns at C&Y. I am still awaiting permission to access my Personnel Folder (see memos/letters of DATE) so that I can include these and related documents in it.

After reporting my concerns for patients’ welfare to Kingsboro administration in 1989, my clinical privileges were reduced to Level 1. Most recently, on March 10, 1992, MsLambert, Executive Director  ofKingsboro,  mandated  that  my clinical  privileges  continue to be restricted in all areas . As a result, I continue to receive clinical supervision from Mr. Leiman, supervision which I deem highly inappropriate and disruptive . Improper work assignment

When I raised concerns for patients’  welfare  in  a  transcribed  meeting  of February  9, 1989, I was immediately barred from my office, reassigned  to  do extremely  inappropriate and degrading work, and otherwise  retaliated  against.  I wrote to the then  president  of PEF of my concerns and Bill Smith and Roy Owens were assigned to  help me. They  accomplished next to nothing in their  transactions  with the administ ration.  After  a good part of the year functioning as a library clerk unable to work with patients, I contacted my lawyer who almost immediately had me reassigned as a remediation instructor.

According to my discussion with Ms. Lambert (as reported in the transcript of December 2, 1991), I am not to  pursue my concerns over patients’ welfare or retaliation for reporting same during State time. I feel that this is unfair. I have already had to spent thousands of dollars and hundreds of hours of my own time in trying to address these issues . Also, fees paid to my lawyer; fees paid for private supervision on serious clinical and ethical issues Kingsboro has failed to supervise me on, etc.