I had an intersection moment with Bernie Friedman, the government's attorney hired to lessen risk to children and families by DSHS (Department of Social and Health Services) thus cutting the number of lawsuit payouts, and DSHS Secretary, Dennis Braddock.
I look at the current government players in DSHS and the Attorney General working to remove accountability in Washington State government.
The citizens of Washington have historically demanded that government be accountable to the people, more so than in other states in our great country.
In 2001 we (government social workers and managers) were given investigative training by national high class investigation experts as a result of a lawsuit settlement.
It was the most stellar training I ever had in DSHS. I immediately wrote an email to DSHS Secretary Dennis Braddock to praise him for giving us this training. I wanted to know who pulled together that training. Dennis emailed Bernie Friedman my email; and Bernie emailed me back.
Then behind the scenes two diametrically opposed events (I got emails through public disclosure showing what was unfolding) began to occur.
My child day care licensing managers instead of replicating the original training as conceptualized by the lawsuit settlement began giving training that took out essential elements of an investigation, like calling the referent back, confirming the information contained within the complaint referral and asking additional questions to get a clear picture of the complaint and what evidence might exist; and who else we might interview.
Meanwhile Dennis Braddock's focus was to attempt to change the law whereby citizens of Washington State could hold the government accountable. From the emails I read Dennis' position wasn't how great it was that social workers finally got stellar training on how to conduct investigations ... it was simply to make the government unaccountable.
DSHS put on the their website that the government's child day care licensing agency could not take any action on licensed day care unless there was "imminent harm" to children. DSHS used a CPS (child protective services) law (RCW 26.44) related to private families and applied it to licensed day care rather than identifying the child day care licensing law (RCW 74.15) which states that the health, safety and well-being is paramount over anyone having a right to care for children. .
DSHS would not correct the error on their website even when they admitted (through emails I got) that my take on the law was correct. In addition, DSHS would not tell me who was responsible for writing this untruth that parents would read on the DSHS website.Government secrecy.
Now our current Attorney General, Rob McKenna, appears to be on the same path. One more attorney general that is running for the office of governor. It's interesting to contemplate this trend.
Check out both linked articles below and see what you make of this move to simply make all government all powerful and take away citizens' rights to hold our government accountable.
From the obituary article on Bernie:
"Five years later, under Mr. Friedman — a sharp, blunt, cigar-loving lawyer — the state's most-sued agency had cut its annual payouts to an average of $10 million (this from a high of 47 million dollar payouts). The results seemed to assure Mr. Friedman's job security. But he feared he had stepped on too many toes, especially in the Attorney General's Office, and he resigned when former Attorney General Christine Gregoire became governor."
Washington State Association for Justice
http://seattletimes.nwsource.com/html/localnews/2003182524_friedmanobit08m.html
From the Washington State Association for Justice article:
"The experience of the state has shown that aggressive prioritization of risk management and loss prevention programs is the best deterrent to incidents causing injuries and harm, and subsequent liability for causing that harm. These programs are the best of both worlds—they prevent injuries from occurring while also saving the state money. In 2003 and 2004, when these programs began and were emphasized, payouts dropped an astonishing 75% in one biennium, and stayed in that range for five years. Only when the emphasis faded did payouts start to rise. We need to get back to trying to prevent injuries and suffering, and thus the payouts that can go with them."
Looking back from my historical perspective Bernie Friedman got blow back for taking the stance, hey government managers do a better job.
Without a Bernie Friedman looks like, in my opinion, the attorneys general and the DSHS managers are perhaps being too chummy which is leading to, hey, let's do away with this citizen accountability law.
Bernie left and things slid back the other way...more children being maimed and dead and instead of hiring another Bernie Friedman to do truth telling to government, the attorney general, governor, DSHS and such other state entities are pushing, in my opinion, on your citizen legislators to simply, to never hold government accountable if they do a poor job, to not allow citizens to ask other citizens in the community through presenting to a jury, "what do you think?"
I've been on a jury and I've testified to a jury. I respect juries. Juries are the citizens, juries are us. It is the citizen holding the government responsible.
From Margaret Meade, anthropologist, "Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has."
A jury is a small group of thoughtful, committed citizens. You, your friends and neighbors are a group of thoughtful, committed citizens.
I encourage all to keep the citizen stewardship in holding Washington State government accountable. Your senators and representatives would be happy to hear you. Otherwise, they have to contend only with special interest groups swarming like locusts through the Capitol and legislative offices during the legislative sessions.
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