BEFORE THE PERSONNEL APPEALS BOARD
STATE OF WASHINGTON

2
3
4

.LxJfX.I-\-h '"1 S-i- \-+ ~\.e.~

5

Appellant.

6

vs.

i

) Case No. '1) t ~}.-\. --9, \0 --00 u-:;

)
)
) STIPULATION AND ORDER FOR
) RETURi'i OF EXHIBITS AND/OR

)

~UC-

Respondent.

8

)
)

DEPOSITIONS

)

----------------)

9

It is hereby stipulated that when the Order in the above-entitled action becomes final, or upon the
10

Order becoming final after an appeal. or upon the filing of a Dismissal, the Board may return or
11

12

destroy all exhibits in the above-entitled matter to the party introducing said exhibits.

13
14

~ ....itd.L...'fJd-

Appellant/!RepSentative for Appellant

Representative for Respondent

15
16

Return

V

Destroy

Return

Destroy

17

18
19

20

IT IS SO ORDERED:

DATEDthi~yof, )].z;t". b'H

, 1997.

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25

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PersoMel Appeals Board
2828 Capitol Boulevard
Olympia. Washington 98S~

I

VOICE (360) 586·1481
FAX (360) 753-0139
E·MAIL info.pab~pab.stale.wa.us

2828 Capitol Blvd.
PO BOlt 40911
Olympia. WA 98504·0911

STATE OF WASHINGTON

PERSONNEL APPEALS BOARD
HOME PAGE www.wa.gov/pab

March 27, 1998

CERTIFIED 2-351-965-742
Dorothy Stithem
29020 pI Avenue S #21
Des Moines, WA 98198
RE:

Dorothy Stithem v. Department of Corrections, Dismissal Appeal,
Case No. DISM-96-0020

Dear Ms. Stithem:
Enclosed is a copy of the order of the Personnel Appeals Board in the above-referenced
matter. The order was entered by the Board on March 27, 1998.
Sincerely,

Don Bennett
Executive Secretary
DB:lh
Enclosure
cc:

Michael Sellars, AAG
Jennie Adkins, DOC

BEFORE THE PERSONNEL APPEALS BOARD
STATE OF WASHINGTON

2

)
) Case No. DISM-96-0020
)

3

DOROTHY STITHEM,
4

Appellant,

)

5

v.
6
7

DEPARTMENT OF CORRECTIONS,
Respondent.

8

FINDINGS OF FACT, CONCLUSIONS OF

)
) LAW AND ORDER OF THE BOARD
)
)
)

)
)

9

I. INTRODUCTION
10

1.1

Hearing. This appeal came on for hearing before the Personnel Appeals Board, HOWARD

11

N. JORGENSON, Vice Chair, and ROGER F. SANFORD, Member. The hearing was held in the
12

Superintendent's Conference Room at the Washington State Reformatory in Monroe, Washington,
13

on March 12, 1998.

JUDITH MERCHANT, Chair, did not participate in the hearing or in the

14

decision in this matter.
15
16

1.2

Appearances.

Appellant Dorothy Stithem was present and represented herself pro se.

17

Respondent Department of Corrections was represented by Michael P. Sellars, Assistant Attorney
18

General.
19

20

1.3

Nature of Appeal. This is an appeal from a disciplinary sanction of dismissal for neglect

21

of duty and gross misconduct for Appellant allegedly failing to provide basic emergency assistance
22

to an inmate and failing to properly log the incident in the inmate's medical record.
23

24

1.4

Citations Discussed. WAC 358-30-170; Baker v. Dep't of Corrections, PAB No. D82-084

2S

(1983); McCurdy v. Dep't of Social & Health Services, PAB No. D86-119 (1987); Rainwater v.
26

Personnel Appeals Board
2828 Capitol Boulevard
Olympia, Washington 98504
(360) 586-1481
hg:j :\ordcrs\hc81ing:stid6020.doc

School for the Deaf, PAB No. D89-004 (1989); Holladay v. Dep't of Veteran's Affairs, PAB No.
2

D91-084 (1992).

3

II. FINDINGS OF FACT
4

2.1'

Appellant Dorothy Stithem was a Registered Nurse 2 and a permanent employee of

5

Respondent Department of Corrections (DOC) at the Washington State Reformatory (WSR) in
6

Monroe, Washington. Appellant and Respondent are subject to Chapters 41.06 and 41.64 RCW and
7

the rules promulgated thereunder, Titles 356 and 358 WAC. Appellant filed a timely appeal with
8

the Personnel Appeals Board on February 26, 1996.
9

10

2.2

By letter dated January 31, 1996, Appellant was dismissed from her position, effective

II

February 15, 1996, for neglect of duty and gross misconduct. The letter states in part:
12

13
14
15
16

17

Specifically, you neglected your duty and committed acts of gross misconduct in that
on September 25, 1995, you failed to provide basic emergency assistance to an
inmate and subsequently failed to properly log this incident in the inmate's medical
record. At approximately 2:00 a.m., Officer Rimestad telephoned you and said that
inmate Mattson, #724795, had requested medical assistance as the inmate was
experiencing chest pains. You were also advised that the inmate believed that he was
having a heart attack and that the nitroglycerin pills he was taking had not relieved
his pain. Not being convinced of Officer Rimestad's call for immediate attention,
you requested to speak to yet another officer, dwindling away more precious time.

18
19

20
21
22

23
24
25

Officer Munoz came on the telephone and reiterated that the inmate was indeed
having chest pains. Officer Munoz relayed to you that this incident was a medical
emergency. Instead of immediately responding to the unit, you replied to the officer
that you did not want to go down to the unit if the inmate was just having heartburn.
After Officer Munoz renewed his appeal that the incident was an emergency, you
finally responded to the officer's request and arrived at the unit at approximately
2:05 a.m. without reviewing the inmate's chart which would have revealed evidence
that the inmate had a history of hypertension. However, even though you were
notified of the inmate's symptoms, you arrived at the unit without ANY medical
equipment such as the emergency box, wheelchair or oxygen equipment. You acted
improperly and were negligent by failing to take a full physical assessment of the
inmate and merely read a radial pulse. You frittered more time away and asked the
inmate if he was certain that he was not having heartburn. Additionally, you were

26

Personnel Appeals Board
2828 Capitol Boulevard
Olympia, Washington 98504
(360) 586-1481
hg:j :\orders\hearing:stid6020.doc

2

negligent in leaving the inmate with the officers while you departed the unit to return
to the hospital, 3rd floor. Instead, you should have remained with the inmate while
the officers transported the inmate to the hospital floor.

2

Basic/standard nursing practices dictate that whenever a patient is complaining of or
experiencing chest pains, that you immediately respond with the emergency/oxygen
equipment. As a Registered and experienced nurse, you should have known that
chest pains may be a symptom of: 1) cardiac; 2) pulmonary; or 3) chest wall
problems and must be treated as such.

3
4

5
6

Fortunately, upon the inmate's arrival to the hospital floor, Registered Nurse Kelly
May, whom you asked to assist you with the EKG, was prepared and immediate'y
took charge of the situation. Registered Nurse May immediately started oxygen and
took the inmate's vital signs and performed an EKG. You were told to then call the
Physician Assistant, M. Semerad, who was "on call" and was told by her to review
the inmate's chart because inmate Mattson had a history of cardiac problems. PA
Semerad stated that you were having difficulty locating the cardiac history in the
chart and you became somewhat flustered and repeatedly stated, "I can't find it, I
can't find it." You failed to properly review and read the inmate's chart so that you
could give or relay to the consulting medical professional essential and dynamic
medical information on the inmate. Registered Nurse May, who had taken full
charge, with minimal assistance from you, called "911" in order that the inmate be
transported to Providence General Hospital in Everett. The inmate was ultimately
treated for a triple bypass operation that very morning.

7

8
9
10
11

12
13

14

Furthermore, you neglected your duty and committed other acts of gross misconduct
when you failed to chart this incident in the inmate's medical history chart. When
you were instructed on September 28, 1995, to chart this incident, you failed to
properly note that your comments were a "late entry" as required.

15
16
17

18
19

(Exh. R-l).

20

Officer Scott Rimestad has been a Correctional Officer at the Washington State Reformatory

21

2.3

22

for 2 1/2 years. On September 25, 1995, he was working the graveyard shift. He received a call

23

from the Section 3A control booth informing him that an inmate was having chest pains. Officer

24

Rimestad called the third floor hospital and told Appellant that an inmate was having chest pains.

25

Appellant asked him who the inmate was, what the inmate's condition was, how long he had been

26

Personnel Appeals Board
2828 Capitol Boulevard
Olympia, Washington 98504
(360) 586-1481
hg:j:\orders\hcaring:Slid6020.doc

3

experiencing the chest pains, and where the inmate was located. Appellant indicated to Officer
2

Rimestad that she wanted him to assess the inmate's condition and then call her back. Appellant

3

also asked Officer Rimestad how long he had worked in Section 3A. Appellant then asked to talk to

4

any other officer who was present and Officer Rimestad gave the telephone to Officer Munoz.

5

Officer Rimestad testified that after about 10 minutes, Appellant arrived at the unit. However, even

6

though Officer Rimestad testified that he told Appellant that the inmate was having chest pains,

7

Appellant did not have the emergency equipment with her when she arrived to attend to the inmate.

8

Appellant asked the inmate several questions and observed his condition. She then told the officers

9

to transport the inmate to the third floor hospital. Officer Rimestad testified that although he did not

10

use the term medical emergency when told Appellant that the inmate was having chest pains, the

II

intent of his call was to get her to respond to the situation as soon as possible.

12

Officer Scott Rimestad).

(Testimony of

13

On September 25, 1995, Officer Frank Munoz was asked by the control booth to go to the

14

2.4

IS

Section 3A annex and assist with a problem with an inmate. When Officer Munoz arrived, Officer

16

Rimestad was on the telephone with Appellant and was telling her that an inmate wanted to see a

17

nurse. Appellant had .indicated to Officer Rimestad that she wanted to talk to another officer so

18

Officer Rimestad gave the telephone to Officer Munoz.

19

Appellant that the inmate was having chest pains and that someone needed to come to the unit.

20

Appellant told him that she did not want to come to the unit if the inmate was just having heartburn.

21

Officer Munoz testified that when he and Officer Rimestad returned to the inmate, the inmate was

22

sitting on the edge of his bunk, his complexion was ashen and pale gray, he was holding his chest

23

and he was having a hard time breathing. The inmate indicated that he had taken three to four

24

nitroglycerin tablets. After about five to severn minutes, Appellant arrived at the unit, however, she

25

did not have the emergency equipment with her. Appellant talked to the inmate and then instructed

26

Office Munoz testified that he told

Personnel Appeals Board
2828 Capitol Boulevard
Olympia, Washington 98504
(360) 586-1481
hg:j:\orders\hearing:stid6020.doc

4

the officers to transport the inmate to the thrid floor hospital while she returned to the hospital and
2

prepared for the inmate's arrival.

Officer Munoz testified that he has experience dealing with

3

medical emergencies and that under normal circumstances, the nurse would bring oxygen and an

4

emergency kit when responding to a situation involving an inmate with chest pains. In addition, the

5

nurse would stay with the inmate during the transport. After Appellant left to return to the third

6

floor, the officers transported the inmate. The inmate was unable to move to a wheelchair, and

7

therefore, in the interest of saving time, the officers carried the inmate up the stairs to the third floor

8

hospital. When they arrived at the hospital, Nurse Kelly May opened the door for them. Nurse May

9

took one look at the inmate and said to call "911." (Testimony of Officer Frank Munoz).

10

Registered Nurse 2 Kelly May testified that on September 25, 1995, she was working in the

II

2.5

12

fourth floor hospital area.

13

emergencies but that third floor nurses are responsible for triaging inmates when a medical situation

14

occurs. Nurse May stated that for medical emergencies, the response time should be less than five

15

minutes. She testified that on September 25, Appellant called and asked her to assist her with

16

administering an EKG on an inmate. Nurse May testified that when she arrived to assist Appellant,

17

Appellant was reading .the EKG machine manual and asked her, in reference to the EKG machine,

18

"How do you run this thing?" When the inmate arrived, he was being carried by the officers, he

19

was not on oxygen, his vitals had not been taken, and nitroglycerin had not been administered.

20

Nurse May testified that at the very minimum, Appellant should have put the inmate on oxygen and

21

taken his vitals. Nurse May knew that the inmate had experienced previous problems, that he had

22

failed an exercise tolerance test, and that he needed to be given something to help him relax. Nurse

23

May told Appellant to call the Physician Assistant and have her order valium for the inmate. Nurse

24

May testified that the inmate's complexion was blue-gray, he was sweating, and he was

25

experiencing pain in the middle of his chest radiating to his left arm. Nurse May further testified

She stated that fourth floor nurses do not to respond to medical

26

Personnel Appeals Board
2828 Capitol Boulevard
Olympia. Washington 98504
(360) 586-1481
hg:j:\orders\hearing:Slid6020.doc

5

that she took control of the situation and that Appellant did all of things she asked her to do.
2

However, when Nurse May was conducting the EKG, she thought that Appellant was calling the

3

medics as Nurse May had instructed her to do. Appellant had not heard her give this instruction, so

4

Nurse May called the medics herself. In addition, Nurse May testified that Appellant did not appear

5

to know where to locate information in the inmate's medical records. Nurse May further testified

6

that she logged the September 25 incident in the inmate's medical record. (Testimony of Nurse

7

Kelly May).

8

9

2.6

Norma Gray, Health Care Manager 2, investigated the Employee Conduct Report. Ms. Gray

10

found that Appellant's "actions during this incident were both unsafe and unprofessional." (Exh. R-

II

I, Att. 2). Ms. Gray testified that Officer Rimestad told Appellant that the inmate was experiencing

12

chest pains. Ms. Gray stated that an inmate with chest pains constitutes a medical emergency and

13

that Appellant should have responded appropriately. Ms. Gray further testified that Appellant had

14

been instructed to complete training in how to operate the EKG machine, but that even though

15

Appellant indicated that she had completed the training, she had not. (Testimony ofNorma Gray).

16

Mike Williams,_ Associate Superintendent of Custody, conducted the administrative hearing

17

2.7

18

on the Employee Conduct Report. In his Administrative Comments, Mr. Williams stated that

19

20
21

22
23

24
25

". . . I am convinced that RN Stithem fell short of her obligation to provide
professional and complete patient care in this instance, because of the following: (I)
She had to be convinced by CO Munoz to come to the unit, by telling her that the
inmate was complaining of serious chest pains (and she should not rely on any
officer to determine the serious need for medical assistance. (2) She failed to review
the inmate's chart, which obtained evidence that the inmate had a history of cardiac
problems. (3) When she arrived in the unit, she had not brought oxygen or the
emergency kit with her for her initial assessment and treatment of the inmate. She
should have made a medical assessment when she saw the inmate and, upon
determining the need for an EKG, called the other RN and asked that she make the
necessary preparations while she (Stithem) stayed with the inmate. (4) She left the
inmate with two officers and went back to the hospital when she knew five

26

Personnel Appeals Board
2828 Capitol Boulevard
Olympia, Washington 98504
(360) 586-1481
hg:j:\ordcrs\hearing:stid6020.doc

6

nitroglycerin tablets had not helped the inmate and he was feeling pain starting to
progress down his ann. (5) She was not able to read pertinent information, upon
request on the telephone, to the consulting PA. (6) she was not able to run an EKG,
which is a duty she should have received training in, or requested training in. (7) She
failed to indicate in her chart entry that it was a "late entry." I agree with HeM Gray
that RN Stithem's actions, and inactions, in this incident constitute misconduct. I
recommend that appropriate corrective/disciplinary action be taken.

2
3
4

5

(Exh. R-I, Att. 2).

6
7

2.8

8

did not tell her that there was a medical emergency or that the inmate was having chest pains. At

9

the time, she believed the inmate asking for the nurse was an inmate she had previously treated with

10

Malox for indigestion. When she realized that Officer Rimestad did not know who the inmate was,

11

she asked to speak to another officer. Appellant testified that Officer Munoz told her that an inmate

12

wanted to see a nurse, not that the inmate was having chest pains. (Testimony of Appellant).

13

However, in her February 23, 1998, sworn declaration, Appellant states on page six that Officer

14

"Munoz told [her] that it was Inmate Mattson and that he complained of chest pains." (Exh. A-I).

Appellant testified that the third floor clinic is very busy. She testified that Officer Rimestad

IS
16

2.9

When Appellant arrived at the inmate's cell, the inmate was sitting on his bed. The inmate

17

told her that he had ch~st pains but that he had not told the officers. Appellant determined that the

18

inmate's pulse was strong and steady and that his complexion was ashen-gray, which she felt was

19

the inmate's normal color. (Testimony of Appellant).

20
21

2.10

Appellant determined that the inmate should be checked with the EKG machine and

22

instructed the officers to transport to the inmate to the third floor hospital by wheelchair. Although

23

Appellant had participated in training on the EKG machine, she had never used it on a patient.

24

Because she knew that Nurse May had cardiac experience, Appellant asked for her assistance. By

25

the time that the inmate arrived in the third floor hospital, Appellant stated that the inmate looked

26

Personnel Appeals Board
2828 Capitol Boulevard
Olympia, Washington 98504
(360) 586-1481
hg:j:\orders\hearing:stid6020.doc

, ( . @,i..tht.

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entirely different and that his condition had escalated. When the inmate arrived, Appellant was on
2

the telephone with the Physician Assistant. Nurse May started the EKG machine and put the inmate

3

on oxygen. (Exh. A-I).

4

Appellant testified that although she was lacking confidence, she probably could have done what

5

was required. Appellant further testified that when she was talking to the Physician Assistant, she

6

looked through the recent entries in the inmate's chart and found the Physician Assistant's orders

7

for tests on the inmate. However, the results of the tests were not in the chart so Appellant was

8

unable to provide that information to the Physician Assistant as requested. Appellant stated that the

9

results of the tests were not put in the inmate's chart until October 5, 1995. (Testimony of

10

Appellant admits that Nurse May took charge of the situation, but

.

Appellant).

11

12

2.11

After the Physician Assistant ordered the inmate to be sent to the hospital by "911,"

13

Appellant copied the inmate's records and the assisted the medics in getting the inmate ready to

14

leave. (Exh. A-I).

15

Appellant testified that the WSR had over 600 inmates at the time of ~is incident and that

16

2.12

17

she was unfamiliar with inmate Mattson. (Testimony of Appellant).

18
19

2.13

Appellant further testified that when Nurse May said she would chart the incident in the

20

inmate's record, Appellant agreed. Appellant then charted the incident in the inmate's record on

21

September 28, 1995, after her supervisor told her to do so. However, in her February 23, 1998

22

sworn declaration, Appellant states on page 13 that "Several weeks later. . . . My supervisor then

23

told me to prepare a chart entry which I did." (Exh. A-I). Appellant admits that although she

24

thought that she had, she did not note her chart entry as a late entry. (Testimony of Appellant).

25
26

Personnel Appeals Board
2828 Capitol Boulevard
Olympia, Washington 98504
(360) 586-1481
8

hg:j:\orders\hearing:stid6020.doc

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2.14

Kenneth DuCharme is the Superintendent of WSR and is Appellant's appointing authority.

2

Mr. DuCharme agreed with the results of the administrative hearing and felt that misconduct had

3

occurred. He determined that Appellant had neglected her duty by her reluctance to respond to the

4

incident after being asked to do so by the officers, by failing to take the emergency kit with her to

5

the incident, by conducting only a cursory check of the inmate, by not staying with the inmate

6

during the transport, by being unable to operate the EKG machine, by failing to note her entry in the

7

inmate's record as a late entry, and by failing to provide the requisite standard of care for the

8

inmate. Mr. DuCharme felt that Appellant's conduct demonstrated a series of gross errors in

9

judgment that could have had a catastrophic result and caused a great liability for the institution.

10

Mr. DuCharme testified that termination was the appropriate action in light of these gross errors.

II

(Testimony of Kenneth DuCharme).

12

III. ARGUMENTS OF THE PARTIES
13

3.1

Respondent argues that Appellant made a series of serious errors in judgment in a situation

14

in which time was of the essence. Appellant failed to respond to the situation in a timely manner
15

and when she finally did respond, she failed to utilize the tools that were available for her to use.
16

Respondent asserts that it cannot risk having medical staff providing an unacceptable level of care
17

to inmates. Therefore, "Respondent asks that the termination be upheld.
18
19

3.2

Appellant argues that a medical emergency was never declared by the officers and that the

20

officers never told her that the inmate was having chest pains. Appellant contends that the officers'
21

inappropriate transport of the inmate, after she had instructed them to use a wheelchair, caused the
22

inmate's condition to worsen and created a medical emergency. Appellant asserts that if anyone had
23

told her there was a medical emergency or a "man down," she would have responded appropriately
24

and would have utilized the emergency kit. Appellant argues that the evidence and testimony in this
25

26

Personnel Appeals Board
2828 Capitol Boulevard
Olympia, Washington 98504
(360) 586-1481
hg:j:\orders\hcaring:Slid6020.doc

9

case contains many untruths, and that in her opinion, she handled the situation in an appropriate and
2

timely manner.

3

IV. CONCLUSIONS OF LAW
4

4.1 . The Personnel Appeals Board has jurisdiction over the parties hereto and the subject matter
5

herein.
6
7

4.2

In a hearing on appeal from a disciplinary action, Respondent has the burden of supporting

8

the charges upon which the action was initiated by proving by a preponderance of the credible
9

evidence that Appellant committed the offenses set forth in the disciplinary letter and that the
10

sanction was appropriate under the facts and circumstances. WAC 358-30-170; Baker v. Dep't of
11

Corrections, PAB No. 082-084 (1983).
12
13

4.3

Neglect of duty is established when it is shown that an employee has a duty to his or her

14

employer and that he or she failed to act in a manner consistent with that duty. McCurdy v. Dep't
15

of Social & Health Services, PAB No. 086-119 (1987).
16
17

4.4

Gross misconduct is flagrant misbehavior which adversely affects the agency's ability to

18

carry out its functions. Rainwater v. School for the Deaf, PAB No. 089-004 (1989).
19

20

4.5

In determining whether a sanction imposed is appropriate, consideration must be given to

21

the facts and circumstances including the seriousness and circumstances of the offense. The penalty
22

should not be disturbed unless it is too severe. The sanction imposed should be sufficient to prevent
23

recurrence, to deter others from similar misconduct, and to maintain the integrity of the program.
24

An action does not necessarily fail if one charge is not sustained unless the entire action depends on
25

the unproven charge. Holladay v. Dep't of Veteran's Affairs, PAB No. 091-084 (1992).
26

Personnel Appeals Board
2828 Capitol Boulevard
Olympia. Washington 98504
(360) 586-1481
hg:j:\orders\hearing:stid6020.doc

10

4.6

Respondent has met its burden of proof that Appellant neglected her duty and committed

2

acts of gross misconduct. Appellant received a call for medical assistance for an inmate who was

3

experiencing chest pains. Correctional officers are not medical staff and are not qualified to conduct

4

medical assessments on inmates. Rather than asking the officers to assess the condition of the

5

inmate, it is Appellant's duty to respond immediately and use her medical knowledge, skills and the

6

appropriate equipment to assess the inmate herself. Appellant failed to respond and assess the

7

inmate appropriately. In addition, Appellant, by her own admission, was not confident with her

8

ability to use the EKG machine on a patient. Furthermore, Appellant failed to properly chart

9

information in the inmate's medical record. Appellant neglected her duty in a situation which,

10

given the serious nature of her actions and inactions, could have resulted in an extremely negative

II

impact on the inmate and the institution.

12

Under the facts and the seriousness of the circumstances of this case, we conclude that

13

4.7

14

Respondent has proven that the disciplinary sanction of dismissal is warranted, and the appeal

15

should be denied

16

V.ORDER
17

NOW, THEREFORE, iT IS HEREBY ORDERED that the appeal of Dorothy Stithem is denied.
18
19

DATED this

J7l/f)

20

dayof

~

, 1998.

WASHINGTON STATE PERSONNEL APPEALS BOARD
21

22
23
24
25

26

Personnel Appeals Board
2828 Capitol Boulevard
Olympia, Washington 98504
(360) 586-1481
hg:j :\orders\hearing:stid6020,doc

11

1

2

I, M. Louise Akramoff. cenify that on February 26, 1998,
I mailed a copy of this document, postage prepaid. to all
panics or their counsel of record. I cenify under penalty
of perjury, under the laws of the State. of Washington. that
.'
~.
the foregoing is true and correct.

#;

AA7'

(.r-

1.

MAR 021998

,;..

r

1/(/1_

3

RECEIVED
AP~EEARSLSoNNEL

...

BOARD

4
5

BEFORE THE PERSONNEL APPEALS BOARD
STATE OF WASHINGTON

6

7

DOROTHY STITHEM

Appellant

8

9

10

NO. DISM-96-0020

t

EXHIBIT AND WITNESS liST

t

v.
DEPARTMENT OF CORRECTIONS,
Respondent.

11

12
13

COMES NOW the Respondent t State of Washington Department of CorrectioDS t and

14

hereby designates the following witnesses and exhibits that may be used in the Respondent's

15

case in chief:

16
WITNESS LIST
17

18
19

20

21

22
23
24

25
26

1.
2.
3.
4.
5.
6.
7.
8.

Scott Reimstad
Frank Munoz
Kelly May
Richard Allis
MattY Semerad
Norma Gray
Michael Williams
Kenneth DuCharme

EXHffiIT LIST
R-l

Disciplinary Letter dated January 31 1996 plus following attachments:
a) Memo from Norma Gray to Annette Belden t dated June 15 t 1995.
b) Employee Conduct Report dated September 18 1995. (18 pages).
t

t

t

WITNESS AND EXHIBIT LIST

t

t

ATIORNEY GENERAL OF WASHINGTON
Labor &: Personnel Division
90S Plwn St. SE. Bldg. 3
PO BOll 4014S
Olympia, WA

98S~14S

(360) 664-4167

1

2

R-2

Memo from Kelly May to Annette Belden and Norma Gray dated September
25, 1995.

4

R-3

Memo from Officer Munoz to Watch 1 Shift Lieutenant/Sergeant.

5

R-4

Memo to Norma Gray for c/o R. Allis, dated September 23, 1995.

6

DATED this

3

:;)b

day of February, 1998.

7

CHRISTINE O. GREGOIRE

8

Attorn~e/~~ral

yV~l¥YfSELLARS

9

MI HAEL P.
WS A #21331
Assistant Attorney General

10

11
12
13
14
15
16

17
18
19

20
21

22
23
24

25
26
WITNESS AND EXHIBIT LIST

ATTORNEY GENERAL OF WASHlNGTON
Labor & Personnel Division
90S Plum SI. SE. Bldg. 3
PO Box4014S
Olympia, WA 98504-0145

(360) 6644167

2

BEFORE THE PERSONNEL APPEALS BOARD

3

STATE OF WASHINGTON

4
5

Appellant,

6
7

) Case No. DISM·96·0020
)
~ NOTICE OF SCHEDULING

DOROTHY STITHEM,

vs.
DEPARTMENT OF CORRECTIONS,

8

Respondent.
9

10
II

)
)
)
)
)

-----------------)
Notice is hereby given of scheduling the hearing on the appeal before the Personnel Appeals Board.
The hearing will be held at the Washington State Reformatory, Monroe, Washington, on Thursday,
March 12, 1998, beginning at 9:30 a.m.

12

13
\4
\5

16

The parties shall arrive at the hearing location thirty (30) minutes before the hearing time for the
purpose of exchanging copies of, and when possible, stipulating to exhibits. The parties shall bring
six (6) copies of the premarked exhibits which they intend to offer into evidence. Whenever
possible, the parties should exchange witness lists prior to the day set for the hearing.
If the services of an interpreter are needed, notify Personnel Appeals Board staff at least two weeks
prior to the hearing. The hearing site is barrier free and accessible to the disabled.

17
18

DATED this 11th day of December, 1997.

19

WASHINGTON STATE PERSONNEL APPEALS BOARD;

20

i

21

22
23

24
25

cc:

Dorothy Stithem, Appellant
Michael P. Sellars, AAG
Jennie Adkins, DOC

:z. -351-e,~

6- wOS

26
Personnel Appeals Boan
2828 Capitol Boulevar'
Olympia, Washington 9850
Appellant served by both certified and regular mail.

·'.,

WASHINGTON STATE

PERSONNEL APPEALS BOARD

.

APPEAL STATUS REPORT
(To be completed by Mediators)

Date:
Appeal Name:
Appeal Number:

Ala cJ Q IV1 rae I'

--Sl.i:t h
_II-Pith

Q

M

f

I

(n,cH<-

i2

I

(991:

D..e.pt a f Corto cf ;01\5
,A,J(1

o~q(p

-OOd.-O

The status ofthe above-captioned appeal is as follows:

o
o
o
o

The appeal was settled and a copy of the withdrawal order is attached.
The appeal was settled and the parties are going to withdraw.
Appellant called to advise that he/she would withdraw.
The appeal has been settled but final paperwork has not been c<;>mpleted.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ should be contacted by
_ _ _ _ _ _, 19_ to be sure that the withdrawal is forthcoming.
The appeal was not settled in mediation. The ea:se slie\:lle sew ee set £01
¥f8 Miring emiference aud hegtins by tlie eeare.
f{pcd--;r:3 se..t:

o

The mediation case has not been scheduled, and the case is being
returned to the Board for re-assignment.
Other

Date

/i1o"'clA {~,,qq5

,

JENNIFER WOODS
Attorney at Law
715 North 193rd Place
Seattle, WA 98133
(206) 546·9081

November 3, 1997

Michael P. Sellars
Assistant Attorney General
P.O. Box 40145
OlYmpia, WA 98504-0145

Dorothy Stithem
29020 1st Avenue S., #21
Des Moines, WA 98198

Re:

Stithem v. Dept. of Corrections
PAS Case Ro. DISM-96-0020

Dear Ms. Stithem and Mr. Sellars:
Enclosed please find the Pre-Hearing Statement in the above
referenced appeal. This statement outlines the hearing date and
other important dates leading up to the hearing.
I urge Ms. Stithem to seek the advice of legal counsel if
these cut off dates and the appeals procedure are confusing.

Very tru1r yours,

Jenni~~OOdS
\

cc:

Personnel Appeals Board

PRE-HEARING STATEMENT
Stithem v. Dept. of Corrections
PAS Case Ho. DISM-96-0020
The pre-hearing dates were set by means of an October 23, 1997
letter of proposed dates to Appellant and counsel for Respondent
and follow up telephone conversations with Appellant and counsel
for Respondent confirming the acceptability of these dates. The
representatives of the parties are:
Dorothy Stithem, pro se;
Michael P. Sellars, Assistant Attorney General, for the Respondent;
and, Jennifer Woods, Mediator, for the Personnel Appeals Board.
The following stipulations were made by the parties:
1.
The hearing in this matter shall be held March 12, 1998
beginning at 9:30 a.m. at the Washington State Reformatory, Monroe,
Washington.

Discovery in this matter shall be served and filed so that
it can be responded to no later than February 12, 1998.
2.

3.
Appellant and counsel for Respondent shall exchange
witness and exhibit lists, with a copy to the Executive Secretary,
Personnel Appeals Board, no later than February 26, 1998.

4. Appellant and counsel for Respondent shall exchange prehearing briefs, if any, with a copy to the Executive Secretary,
Personnel Appeals Board, no later than March 5, 1998.
5. Appellant and counsel for Respondent shall participate in
a pre-hearing telephone conference with the Executive Secretary,
Personnel Appeals Board, 9:00 a.m. March 9, 1998. The telephone
conference call w~ll be initiated by the Executive Secretary and
will be used to explore possible stipulations concerning witnesses,
exhibits, and the statement of the issue to be presented to the
Board.

Any objections or corrections must be filed with the Executive
Secretary within 20 days of the date of this statement and shall,
at the same time, be served upon each of the participants named
above. This statement becomes part of the official record of the
proceedings, and the stipulations are binding on the parties,
unless this statement is modified for good cause.
Dated:

November 3, 1997
PE~~~L

By .

APPEALS BOARD

'==""'bL:-~~!f:-:?~:---:c..~.~ C~

JENNIFER WOODS
Attorney at Law
715 North 193rd Place
Seattle, WA 98133
(206) 546·9081

,I

October 23, 1997
Dorothy Stithem
29020 1st Avenue S., #21
Des Moines, WA 98198
Re:

Michael P. Sellars
Assistant Attorney General
P.O. Box 40145
OlYmpia, WA 98504-0145

S~i~hem v. Dep~. of Correc~ions
PAS Case Ro. DISM-96-0020

Dear Ms. Stithem and Mr. Sellars:
My understanding is that Ms. Stithem is now representing
herself in this matter.
If this is not the case, please let me
know as soon as possible.
The hearing before the Personnel Appeals Board in this appeal
is scheduled for March 12, 1998 beginning at 9:30 a.m. and will be
held at the Washington State Reformatory, Monroe, Washington.
I suggest the following pre-hearing dates:
Discovery cut-off which is the date by which all discovery
must be served and filed with thirty days to respond included:
February 12, 1998.
Exchange of witness and exhibit lists:
Exchange of optional pre-hearing briefs:

February 26, 1998.
March 5, 1998.

Pre-hearing telephone conference with the Personnel Appeals
Board Executive Secretary: March 9, 1998.
If these cut-off dates are acceptable, I will finalize them in
an Order. Please let me know if these work for you. If I don't
hear from you in a week or so, I will call you.
Thank you for your efforts at mediation.
Very truly yours,

171

Jennifer Woods
cc:

Kenneth Latsch

JENNIFER WOODS
Attorney at Law
71S North 193rd Place
Seattle, WA 98133
(206) 546·9081

August 13, 1997

Dorothy Stithem
29020 1st Avenue S. #21
Des Moines, WA 98198

Re:

Michael P. Sellars
Assistant Attorney General
P.O. Box 40145
OlYmpia, WA 98504-0145

Stithem v. Dept. of Corrections
PAS Case No. DISM-96-0020

Dear Ms. Stithem and Mr. Sellars:
The mediation in the above referenced appeal is scheduled for
August 26, 1997 beginning at 10:00 a.m. and will be held at the
Department of Social and Health Services, 840 North Broadway,
Building A, Room 101, Everett, Washington.
The purpose of the meeting is to try to resolve Ms. Stithem's
appeal informally so that the need for a hearing before the
Personnel Appeals Board is not necessary. My understanding is that
Ms. Stithem may be attending the mediation without her attorney,
John Arthur.
I look forward to our meeting on the 26th and hope that we can
find a resolution to this appeal.
Very t1~lY yours,
JennifUOOdS

cc:

John Arthur, Atty
Kenneth Latsch, PAB

JENNIFER WOODS
Attorney at Law
715 North 193rd Place
Seattle, WA 98133
(206) 546·9081

RECEIVEG
APR 15 1997

April 14, 1997

Michael P. Sellars
Assistant Attorney General
P.O. Box 40145
Olympia, WA 98504-0145
Re:

Dorothy Stithem
29020 1st Avenue South #21
Federal Way, WA 98003

S~i~hem v. Dep~. of Corrections
PAS Case Ro. DISM-96-0020

Dear Mr. Sellars and Ms. Stithem:
I have been assigned to act as mediator in this matter. As
such, my role is to schedule a meeting to try to resolve this
appeal informally without the need for a hearing before the
Personnel Appeals Board.
My understanding is that Mr. Sellars, who represents DOC is
available for this meeting May 23, 1997 and that he is checking
with the appointing authority concerning his availability.
It appears that the WPEA is not representing Ms. Stithem in
this appeal.
Ms. Stithem, you are welcome to appear at the
mediation on your.own or be assisted by counsel at that meeting,
but it is up to you to retain an attorney if that is what you want.
Please call me at the above referenced number to let me know
whether the May 23, 1997 date for mediation will work for you.
Leave a message if I am not there. If the May 23, 1997 date will
not work, please include in your message some alternative dates so
that I can get this matter scheduled.
verYI~y yours,

Jennlf~oodS
cc:

Kenneth Latsch

CERTIFICATE OF SERVICE
I cenify Ihall served a cop,.
',is document on all parties or their counselor
?rd on 09124196 '" rollo-.
()j'
J
I '
f.,.,. US Mail Posla8e Prepaid
~i' 1~rrl . Ul~jny£~n1m
ABC/LcgaI Messenger
I\~ f\.~
_
- SllIIC campus Delivery
- Hand delivered by

r.

1\

2

ld~~~WlEL.

C··\

-10

1

I

I certiry under penally o~CJju'l' under the laws or the SllIIC or WlIShinglOn Ihal
the roregoing is true and correct.
~\
DlIIcd: SepIClllbcr 24. 1996 at Olympia. WAll'. ~

Q

I,

J.. _\, .

SEP .'. 1996

\'lJ11 l)\-009Dm~r\

PERSONNEL

3

-

4

BEFORE THE PERSONNEL APPEALS
STATE OF WASHINGTON

S SOAr'h6Afm

.' pDt:" .... t

5
6

DOROTHY STITHEM,

7

8
9

NO. DISM-96-0020

Appellant,

NOTICE OF WITHDRAWAL AND
SUBSTITUTION OF COUNSEL

v.
DEPARTMENT OF CORRECTIONS,
Respondent.

10
11

12

TO:
AND TO:

KENNETH LATSCH, Executive Secretary, Personnel Appeals Board;
DOROTHY STITHEM, Appellant, Pro se.

13
14

NOTICE IS HEREBY GIVEN that VALERIE B. PETRIE, Assistant Attorney General,

15

does hereby withdraw as attorney for Respondent, Department of Corrections, in the above-

16

entitled action, and that MICHAEL P. SELLARS, Assistant Attorney General, is hereby

17

substituted as the attorney for said Respondent.

18

pleadings herein be served upon the undersigned attorney at the Office of the Attorney General

19

at the address given below.

20

DATED this

It is requested that any and all further

l/~

/c.)

day of September, 1996.

21

22

",

23
24
25
26
ATIO~EYG~OFW~mNwroN

Labor &; Personnel Division

NOTICE OF WITHDRAWAL AND
SUBSTITUTION OF COUNSEL -1

90S Plum SL SE. Bldg. 3
PO Box 40145
Olympia, WA 98504-0145
(360) 6644167

WPEA
The Washington Public Employees Association • t-800-544-WPEA
Headquarters • 124 10th Ave SW
Olympia WA 98501 • (360) 943-1121
FAX (360) 357·7627
Toll Free (800) 544-9732

Monroe Office • 20014 Hwy 2-E • Unit C
Monroe WA 98272 • (360) 794-0733
FAX (360) 794-6986
Toll Free (800) 794-9732

Walla Walla Office • 401 WMain • Suite B
Walla Walla WA 99362 • (509) 529·8632
FAX (509) 525-5487
Toll Free (800) 529·9732

iRlfE@fEnWlElli
June 5,1996

JUN 0 7 1996

Kenneth Latsch, Executive Secretary
WA State Personnel Appeals Board
PO Box 40911
Olympia WA 98504-0911
Re:

Dorothy Stithem Vs. DOC, Termination Appeal, DISM-96-0020

Dear Mr. Latsch:
This letter confirms that WPEA will not be representing the above-named
employee in this appeal. Further correspondence on this issue can be directed
to the employee at their home address: 29020 1st Avenue S, Federal Way, WA
98003.
Thank you for attending to this issue.

.

;P~£ ..b(~"~~:.R2-l~:.,v'1
Katherine E. Cunningham
WPEA-DOC Program Director
(svJ2kalhy96llalc065106-05-96)

cc:

Dorothy Stithem
Mark Lyon, WPEA General Counsel
Diane Leigh, Manager Human Resources

1

2
3

CERTIFICATE OF SERVICE
I certify lhal I served a cop'
'lis document on all panics or lheir counsel
of record on Mardl13. I~
allows:
K US Mail Postage Prepaid"
~Do:::.::ro=lhYl..::S~lilh=em:::._
Katherine E. CUMingham, WPEA
_ ABC/Legal Messenger
_ Stale Campus Delivery
_ Hand delivered by
10

-

I certify under penalty of perjury under lhe laws of the Stale of Washington
thal the foregoing is true and correct.

.....'M""'''.I... ~ ~~

4

[pJ~©~nw~fDJ
MAR 14 1996
PERSONNEL
APPEALS BOARD

BEFORE THE PERSONNEL APPEALS BOARD
STATE OF WASHINGTON

5
6

DOROTHY STITHEM,

7

Appellant,

NOTICE OF APPEARANCE

v.

8
9

NO, DISM-96-0020

DEPARTMENT OF CORRECTIONS,
Respondent.

10
11

13

KENNETH LATSCH, Executive Secretary, Personnel Appeals Board;
DOROTHY STITHEM, Appellant;
KATHERINE E. CUNNINGHAM, Washington Public Employees Association.

14

PLEASE TAKE NOTICE that the Respondent, Department of Corrections, without

15

waiving objection as to the sufficiency of service of process or jurisdiction of this Board, does

16

hereby enter its appearance in the above-entitled action, by and through its attorneys,

12

TO:

17

18
19
20
21

22
23
24

25
26
ATTORNEY GENERAL OF WASHINGTON

NOTICE OF APPEARANCE -1-

Labor & Personnel Division
905 Plum Street SE , Bldg. 3
PO BOX 40145
Olympia, WA 98504-0145
(360) 664-4167

2828 Capitol Blvd.
PO Ball ~0911
Olympia, WA 9850.s·0911

STATE OF WASHINGTON

PERSONNEL APPEALS BOARD

(360)586-1481
FAX (360) 753·0139

March 1, 1996

Ms. Katherine E. Cunningham
Washington Public Employees Association
20014 Hwy. 2-E #C
Monroe, WA 98272
RE:

Dorothy Stithem v. Department of Corrections, Dismissal Appeal,
Case No. DISM-96-0020

Dear Ms. Cunningham:
This letter is to acknowledge receipt of the above entitled appeal by the Personnel Appeals Board
on Februarv 26, 1996.

.

Sincerely,

hJ!rIf

e

Executive Secretary

KJL:tmp
cc:
Dorothy Stithem
Linda A. Dalton, AAG
Jennie Adkins, PO

z:\unp\newappl\slithem.doc
"'''~I

WPEA
The Washington Public Employees Association • 1·800·544·WPEA
Headquarters • 124 10th Ave SW
Olympia WA 98501 • (360) 943-1121
FAX (360) 357-7627
Toll Free (800) 544-9732

Walla Walla Office • 401 W Main • Suite B
Walla Walla WA 99362 • (509) 529-8632
FAX (509) 525-5487
Toll Free (800) 529-9732

Monroe Office • 20014 Hwy 2-E • Unit C
Monroe WA 98272 • (360) 794-0733
FAX (360) 794-6986
Toll Free (800) 794-9732

~S~\~

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~

February 22, 1996

~t.~

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,.

,

,,\~\~\..
." ..._...... Q\')
.
,~

r-

Kenneth Latsch, Executive Secretary
WA State Personnel Appeals Board
PO Box 40911
Olympia WA 98504-0911
Re:

DOC-WSR Termination, D. Stithem, RN

Dear Mr. Latsch:
Enclosed is the appeal and materials, filed on behalf of the above-named
employee. Please contact me directly if there is further information required.
Sincerely yours,

L/!'

.

rfl<-7fcLL-'~c!dM~~/rKatherine E. Cunningham
Employee Relations Specialist
(sv/1 kathy96llalsc222l02-22·95)

cc:

D. Stithem
Phil Archibald, WPEA-WSR President
Rick Hall, WPEA-DOC Program Director

\)\ SH - qG· Ct U

APPEAL FOR\1
WASHINGTON STATE PERSONNEL APPEALS BOARD
2828 Capitol Blvd.
P.O. Box 40911
Olympia, WA 98504-0911

PH:

FAJ(:

SCAN 321·1481
(360) 586-1481

(360) 753-0139

PRINT OR TYPE· SIGN ON PAGE 2
APPELLANT IDENTIFICATION

PART I.

---

NAME:_---:.:D;.;:o;.;:r~o:....:t:....:h.:..,jyi.....-.:S~t=-l=-·t=_h:.:.e:.:._=m~-:-:-::--

~,.,...P"""E,....,h"";"'S.....O.....;·-=-·,
ll,;=;:; :: ;,;: ~ ,- ~_ -, ,-;

(last name. first name, middle initial)

(City, state and ZIP code)

PHONE NUMBERS:

.

•

WORK:

(360) 794-2600

HOME:

(206) 946-5807

(Include area code)

EMPLOYING AGENCY OR INSTITUTION:.

_

D_O_C_-_W_S.....;R~

AGENCY OR INSTITUTION THAT TOOK ACTION YOU ARE APPEALING:,_ _. . .:tv.:. :S:..,:R.:. . .PART II.

_

REPRESENTATIVE'S NAME, ADDRESS AND TELEPHONE NUMBER:

Katherine E. Cunningham, Employee Relations Specialist
WPEA 20014 Highway 2-E, Unit C
1 (800) 544-9732 #202 voicemail
Monroe, WA 98272
Monroe Office (360) 794-0733

PART III.

TYPE OF APPEAL

CHECK ONE OF THE FOLLOWING TO INDICATE THE TYPE OF APPEAL YOU ARE FILING:

x

a. Disciplinary: (check applicable action(s).
X
Dismissal,
Suspension,

_ _Demotion,

_ _ b. Disability Separation;
_ _ c.

Rule or Law Violation (complete Pan IV. of this form);

_ _ d.

Reduction in ForcelLa>'off(complete Part IV. of this form);

_ _ e.

Allocation (position classification) (complete Part V. of this form);

_ _ f.

Declaratory Ruling (see WAC 358-20-050);

_ _ g.

Exemption of Position.

_ _Reduction in Salary;

PAPTIV.

RULE VIOLAnON OR:

'UCTION-IN-FORCE APPEALS ONLY

What Rule(s) or Law(s) do you believe were violated?

Explain the p~icular circumstances of the alleged violation:

How were you adversely affected by the alleged violation?

What remedy are you requesting in this case?

PARTY.

ALLOCATION APPEALS ONLY

Has there been a review ofyour allocation?

Yes_ _

No

Ifso, by whom?

_

To which class do you think your position should be allocated?

_

DATE SIGNED

CHASE RIVElAND
Secretary

STATE OF WASHINGTON

DEPARTMENT OF CORRECTIONS
WASHINGTON STATE REFOR,\-1ATORY
P.O. Box 777 • ,vfonroe, Washington 98272-0777

January 31, 1996
PERSONAL DELIVERY
Dorothy Stithem
29020 1st Avenue S., #21
Federal Way, WA 98003
Ms. Stithem:
This is official notification of your dismissal effective the end of your scheduled shift on February 15,
1996, from your position as a Registered Nurse 2 with the Department of Corrections, Washington State
Reformatory.
This disciplinary action is taken pursuant to the Civil Service Law of Washington State, Chapter 41.06,
Revised Code of Washington, and the Merit System Rules, Title 356, Washington Administrative Code
Section 356-34-010 (1-a) Neglect of Duty, 1-h) Gross misconduct, and 356-34-040 Dismissal Notification.
Specifically, you neglected your duty and committed acts of gross misconduct in that on September 25,
1995, you failed to provide basic emergency assistance to an inmate and subsequently failed to properly
log this incident in the inmate's medical record. At approximately 2:00 a.m., Officer Rimestad
telephoned you and said that inmate Mattson, #724795, had requested medical assistance as the inmate
was experiencing chest pains. You were also advised that the inmate believed that he was having a
heart attack and that the nitroglycerin pills he was taking had not relieved his pain. Not being convinced
of Officer Rimestad's call for immediate attention, you requested to speak to yet another officer,
dwindling away more precious time.
Officer Munoz came on the telephone and reiterated that the inmate was indeed having chest pains.
Officer Munoz relayed to you that this incident was a medical emergency. Instead of immediately
responding to the unit, you replied to the officer that you did not want to go down to the unit if the inmate
was just having heartburn. After Officer Munoz renewed his appeal that the incident was an emergency,
you finally responded to the officer's request and arrived at the unit at approximately 2:05 a.m. without
reviewing the inmate's chart which would have revealed evidence that the inmate had a history of
hypertension. However, even though you were notified of the inmate's symptoms, you arrived at the unit
without ANY medical equipment such as the emergency box, wheelchair or oxygen equipment. You
acted improperly and were negligent by failing to take a full physical assessment of the inmate and
merely read a radial pulse. You frittered more time away and asked the inmate if he was certain that he
was not having heartburn. Additionally, you were negligent in leaving the inmate with the officers while
you departed the unit to return to the hospital, 3rd floor. Instead, you should have remained with the
n
t.J

recycled pJpe,

Dorothy Stithem
Termination Letter
January 3lD, 1996
Page 2
inmate while the officers transported the inmate to the hospital floor.
Basic/standard nursing practices dictate that whenever a patient is complaining of or experiencing chest
pains, that you immediately respond with the emergency/oxygen equipment. As a Registered and
experienced nurse, you should have known that chest pains may be a symptom of: 1) cardiac; 2)
pulmonary; or 3) chest wall problems and must be treated as such.
Fortunately, upon the inmate's arrival to the hospital floor, Registered Nurse Kelly May, whom you asked
to assist you with the EKG, was prepared and immediately took charge of the situation. Registered
Nurse May immediately started oxygen and took the inmate's vital signs and performed an EKG. You
were told to then call the Physician Assistant, M. Semerad, who was "on call" and was told by her to
review the inmate's chart because inmate Mattson had a history of cardiac problems. PA Semerad
stated that you were having difficulty locating the cardiac history in the chart and you became somewhat
flustered and repeatedly stated, "I can't find it, I can't find it." You failed to properly review and read the
inmate's chart so that you could give or relay to the consulting medical professional essential and
dynamic medical information on the inmate. Registered Nurse May, who had taken full charge, with
minimal assistance from you, called "911" in order that the inmate be transported to Providence General
Hospital in Everett. The inmate was ultimately treated for a triple bypass operation that very morning.
Furthermore, you neglected your duty and committed other acts of gross misconduct when you failed
to chart this incident in the inmate's medical history chart. When you were instructed on September 28,
1995, to chart this incident, you failed to properly note that your comments were a "late entry" as
required.
On December 6, 1995, a pre-termination meeting was held to further discuss this incident and the
recommendation that your employment be terminated. I provided you until December 11, 1995, to
provide me with any mitigating reasons not brought to my attention which might affect my final decision
concerning your employment. I have not received any written statement.
In addition, in reviewing your personnel file, I find a memorandum dated June 15, 1995, from Norma
Gray, Health Care Manager, to Annette Belden, your supervisor, which documents your unsafe and
unacceptable nursing practices.
Copies of the June 15, 1995, memorandum and the Employee Conduct Report which describes this
incident in more detail are attached and incorporated herein (attachments 1 & 2)
Your failure to:
1)

immediately respond to an inmate known to have a hypertensive history;

2)

review the inmate's chart in order to obtain pertinent medical information;

3)

promptly/swiftly respond with all necessary/basic medical emergency equipment;

Dorothy Stithem
Termination Letter
January 311l, 1996
Page 3
4)

take all of the inmate's vital signs;

5)

accompany the inmate during his transport in a wheelchair to the hospital floor;

6)

operate the EKG machine, and

7)

properly denote a "late entry" into the inmate's chart

are considered acts inconsistent with acceptable medical/nursing practices, gross misconduct and
neglect of duty.
Your acts of gross misconduct and neglect of duty in this case could have resulted in the inmate's death
due to your poor standards of practice, mistreatment and lack of medical attention. Your failure to
properly respond to a medical emergency with even the minimal medical emergency paraphernalia and
subsequently failing to promptly chart this incident of a cardiac patient are acts which are inconsistent
with good nursing practices and cannot be tolerated. Your late entry into the inmate's medical chart
without the proper "late entry" notation is also conduct contrary to minimum nursing practices. Your
actions are considered very serious and are detrimental to the good order, discipline and safety of the
institution. In addition, you 'have exposed the Department to potential liability because of your failure to
act and respond to an inmate known to have had a cardiac history. Therefore, considering the
seriousness and the potential consequences of your actions, I have no alternative but to terminate your
employment with the Department of Corrections.
Under the provisions of the Washington Administrative Code 358-20-010 and 040, you have the right to
appeal this action to the Personnel Appeals Board. Your appeal must be filed in writing to the Office of the
Executive Secretary, Personnel Appeals Board, 2828 Capitol Boulevard, Olympia, WA 98504, within thirty
(30) days after the effective date stated in paragraph one of this letter or you have the right to file a
grievance under the provisions of Article 10 of the Collective Bargaining Agreement between the
Department of Corrections and the Washington Public Employee Association.

3GJ\~
Kenneth DuCharme, Superintendent
Washington State Reformatory

KD:jm
cc:

Eldon Vail, Assistant Director Division of Prisons
Jennie Adkins, Director, Division of Human Resources
Linda Dalton, Sr. Assistant Attorney General
Cheryl Landers, Northwest Area Personnel Manager
L. Nani McLaughlin, Personnel Supervisor
Personnel File

CHASE AJ\lELAND
Seer.lary

STATE OF WASHINGTON

DEPARTMENT OF CORRECTIONS
MEMORANDUM

TO:

Annette Belden, RN 3

FROM:~

Norma

L. ·Gra,*CM 2

DATE:

6/15/95

SUBJECT: Dozoothy stithem, M 2

It was bzoouqht to my attention ~oday that Dorothy stithem, RN 2 has
been prepourinq narcotics, puttinq them in unmarked paper fluted
cups, ana then placinq them in an unmarked drawer in the meacart.
This is an unsafe and unacceptable practice.
.

It was also brouqht to my attention that she has been c10inq laD
In one
incident she assisted in securinq the IV line on an HIV positive
patient without the \,lse ot qloves. Accordinq to OSHA, WISHA, and
the Department of Health the institution could be fined $5,000.00
dollars per nurse if this practice were reported to the Department
of Health.
draws and worlcinq with IV lines without \,lsinq qloves.

Please discuss these two issues with Dorothy and prepare a letter
of counseling outl!n!nq the proper technique she should be usinq.
I will review the letter of counselinq on TUesday, June 20th, 1995
prior to you issuing it to her.
cc:

Superintendent
Annette Belden personnel file

X. DUCharme,

rt=ti~1:!l_·rtUso...nel'~.f'1"'1EJ

file

..

NLG/em

ATTACHMENT #

_

l__ OF_......._ _

PAGE. - -__

EMpLOYEE CONDUCT REPORT

DEPARTMENT OF CORRECTIONS

THIS FORM TO BE USED IN COMPLIANCE WITH POLICY DIRECTIVE NO. 857005

INSTRUCTIONS AND TIME LIMITS:
1 The person making the report shall provide a clear description of the incident under "DescriptIon of Incident"
and. with any wltness{es) or person{s) having knowledge. shall sign in the space provided and submit to the
superVisor of the Involved employee within louneen (14) calendar days after the date of discovery of an
employee's alleged misconduct.
2 The form shall be submitted 10 the employee involved who shall complete the "Employee's Statement" and
return the report to his: her supervisor wIthin seven (7) calendar days follOWing the date of receipt.
3 The approprrate supervisor shall review the facts of the inCident. complete the "Supervisor's Report" and
suomlt the report to the Office Head within seven (7) calendar days follOWing the date of receipt.
It4. The Office Head or designated representative shall review and within thirty (3D) calendar days following the
date of receipt determine whether misconduct has occurred. This shall be reported under" AdmiOlstrative
Comments" and shared with the employee. When the supervisor and Office Head are the same person, the
supervisor's supervisor shall complete the Administrative Comments,
i .... OyEE

ORGANIZATIONA;.

INVO~ YEO

Dorothy Stithem. RN 2

UNI~

WSR/Health Services
. DATE OF INCIOENT

'OSITION TITLE

9/25/95

TIM£ OF INCIDENT

[iJAM DpM

2

DESCRIPTION OF INCIDENT:

On 9/25/95 at approximately 2 AM inmate Mattson #724793 on 3A declared a medjcal emergency
for chest pein. You arrived on 3A at approximately 2:05 AM without 02 and the emergency
box. You remained for approximately 2 minutes on 3A and requested the inmate be taken to
the clinic. Mr. Mattson #724793, quickly deteriorated

with increased pain. shortness of

breath and cyanosis. You asked Kelly May. RN 2. to assist you. She stated she had to
take charge of the situation. 'The inmate was transported via 911 to the hospital. you
did not chart your initial encounter and assessment of the patjent

INITIATED BY:
•....E (PLEASE PAINT)

IJ~

hi

tffr,

wrTNESSfES):
.......E

: ~·30(R£V 3'851 .~.

, POSITION TITLE

I
I

'. SIGNIITURE

I

i~~,gbJzl

I OAT~

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DATE DELIVERED TO EMPLOYEE
EMPLOYEE'S STATEMENT:

J~

BY

~

I-P 2~

"."

Signature of

c../

§!Em~pe!IO~y~ee!::--L::~~~~~~CL--:YL.~~~~~If"Date:
iUPERVISOR'S REPORT:

DATE RECEIVED BY SUPERVISOR

)MINISTRATIVE COMMENTS: DATE RECEIVED BY OFFICE

/tJ - ~ - '75'

BV:

BY:

On 11/14/95, I met with Dorothy Stithem and her representative, Ann Lindsey;
HRA ¥. Doyle and PO L.N. McLaughlin were also present. Ms. Stithem stated that
she initially thought the inmate in 3A might have been an inmate she had seen
several days before to whom she had given Maalox. She stated that she did not
look at the chart for this inmate because she thought she should go to the unit
to assess him and getting the chart first would have taken a longer amount of
time. She said she took the inmate's pulse and it seemed fine and, after speaking
(Continued on page AC-2)

DISTR18UTlD"
OAlGII\IAL-EMP\.OYEE'S PERSONNEL FILE
O~ COPY-EMPLOYEE

--....

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••

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CHI.SE RIVE~I.ND

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o

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- - - ---

:>iASE RIVELAND
Se:rE'lary

STATE OF WASHINGTON

DEPARTMENT OF CORRECTIONS
MEMORANDUM
TO:

FROM:

DATE:

SUBJECT:

c.Ht-S= RIV=~ANJ

Se-:,pla'"':

STATE OF WASHINGTON

DEPARTMENT OF CORRECTIONS
MEMORANDUM
TO:

DATE:

FROM:

SUBJECT:

..

:HASE RIVE:..ANC

Se:re>lary

STATE OF WASHINGTON

DEPARTMENT OF CORRECTIONS
MEMORANDUM
TO:

FROM:

DATE:

SUBJECT:

------- ---_ .

:,,..,1,5:

.----'

RIV:LAND

5e-::eta ry

STATE OF WASHINGTON

DEPARTMENT OF CORRECTIONS
MEMORANDUM
TO:

DATE:

FROM:

SUBJECT:

_--1-_ _
DOC 2-11001/891

oF_/~f__

SUPERVISORY RESPONSE
ECR - Dorothy Stithem, RN 2
Staff persons C/O R. Allis, C/O Munoz, C/O C. Reed, Sgt. R.
Kornegay, Marty Semerad, PAC, as well as yourself were interviewed
as a result of this ECR. Officer Munoz states he heard Officer
Reimstadt on the phone talking to you stating there was a medical
emergency with inmate Mattson #724793 having chest pain. Officer
Munoz said there was hesitation on your part to respond to 3A unit
and he again repeated that inmate Mattson was having chest pains.
You did respond at approximately 2: 05 am without any medical
equipment, such as the emergency box, wheelchair, or oxygen. The
only assessment done by you in the inmate's cell was to take a
radial pulse and to tell the officers to bring inmate Mattson to
the 3rd floor. You left Officer Reimstadt and Officer Munoz with
the patient and returned to the 3rd floor. On returning to the 3rd
floor you called Kelly May, RN 2 and requested assistance to
perform a EKG on inmate Mattson. She immediately upon arrival of
the inmate started oxygen and took vital signs. RN May states she
and PAC Semerad who was on call, told you 911 would have to be
called. PA Semerad states when she received the call from you that
you had little or no information to report on inmate Mattson. PA
Semerad states she told you to look in the chart because Mattson
had a history of cardiac problems. PA Semerad also stated you were
having difficulty locating the cardiac history in inmate Matsons
chart and became somewhat flustered and repeatedly stated "I can't
find it, I can't find it". Inmate Mattson was transported to
Providence General Hospital in Everett. RN May states she then
finished charting on inmate Mattson and returned to the 4th floor.
The incident was reported to RN 3 Annette Belden. When she checked
inmate Mattson's chart she noted you had not charted regarding this
incident. You were instructed by RN 3 Belden on 9/28/95 to make a
late entry notation. in inmate Mattsons medical record. A copy of
your note which is dated 9/25/95 at 3 am does not indicate this was
a late entry nor does it give a thorough description of the
incident. Your actions during this incident were both unsafe and
unprofessional.

.

NLG/cm

ATT.!\CHMENT # _RS""""PAGE

_

-_Y_- IS
OF

WSR - 11/14/95

Emolovee Conduct Reoort - RN D. Stithem
Date
Incident: 9i25/95
Administrative Comments
Page AC-2

of

with him in the unit, she found that he had taken five "nitros" in the orevious
short while and that seemed to do no good. He began complaining of pain going
down his arm and, at that point, she decided he should be taken to the~third
floor of the hospital where an EKG and treatment could be started. She believed
that the officers carrying the inmate up the stairs might well have caused him
more pain and anxiety than bringing him up more slowly in a wheelchair. She
stated that she had only done two EKGs before, which is why she asked RN May to
come down from the fourth floor and run the EKG. She believed that, once RN May
had taken charge (she had ER experience), it was her role to assist RN May. She
stated that it. was difficult for her to find the last consult (during her
teleohone conversation with the PA on duty) because that consult was not in the
chart. Basically, RN Stithem believed the situation was handled well and that
appropriate treatment was given. Regarding the late entry in the chart,
RN Stithem said that, since RN May's entry was quite detailed and covered the
incident well, she herself did not write much; she indicated that she failed to
write "late entryll in the charting.
After reviewing the charting, reading the memo from RN May dated 9/25/95, the
memo from CO Reed of 9/26/95, the memo from CO Munoz of 9/25/95, the memo from
Sgt. Kornegay of 9/25/95, the memo from CO Allis regarding inmate Morton 906181
of 9/23/95, the memo of RN Stithem of 9/28/95, and the Supervisor's Report of
HeM N. Gray dated 10/16/95, I am convinced that RN Stithem fell short of her
obligation to provide professional and complete patient care in this instance,
because of the following: (1) She had to be convinced by CO Munoz to come to the
unit, by telling her that the inmate was complaining of serious chest pains (and
she should not rely on any officer to determine the serious need for medical
assistance. (2) She failed to review the inmate's chart, which obtained evidence
that the inmate had a history of cardiac problems. (3) When she arrived in the
unit, she had not brought oxygen or the emergency kit with her for her initial
assessment and treatment of the inmate. She should have made a medical assessment
when she saw the inmate and, upon determining the need for an EKG, called the
other RN and asked that she make the necessary preparations while she (Stithem)
stayed with the inmate. (4) She left the inmate with two officers and went back
to the hospital when she knew five nitroglycerin tablets had not helped the
inmate and he was feeling pain starting to progress down his arm. (5) She was not
able to read pertinent information, upon request on the telephone, to the
consulting PA. (6) She was not able to run an EKG, which is a duty she should
have received training in, or requested training in. (7) She failed to indicate
in her chart entry that it was a "late entry." I agree with HeM Gray that
RN Stithem's actions, and inactions, in this incident constitute misconduct. I
recommend that appropriate corrective/disciplinary action be taken.

ATT':.(.HMENT

ff._~~

9

PAGE -"""--_OF

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STATE OF WASHINGTON

DEPARTMENT OF CORRECTIONS

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Secretary

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STATE OF WASHINGTON

DEPARTMENT OF CORRECTIONS
WASHINGTOI\; STAn ;::EFORMATOR)
P.O BOA 7:-~ • t.lonmc-. \ \'.)erllnglon 98::-::-0.7,-

DATE: 09-26-95

TO: WATCH 1 LIEUTENANT/ SERGEANT

FROM: OFFICER REED, C. (W-l)

SUBJECT: INMATE MATTSON #724793

At approximately 2: 13 a.m., on 09-25-95, I anive with a wheelchair at cell 3A66. Inmate
Mattson, #724793 was sitting on his bunk and holding his chest with both hands.
Officer Munoz stated that RN Stithem had been to the cell, had spoke with Inmate
Mattson, and had then left to return to the 3rd. floor hospital.
Inmate Mattson was not able to stand, so he was lifted into the wheelchair by Officer
Munoz and 1.
When we arrived at the entrance of the upper Segregation area (adjacent the block 3
control booth) I felt that due to Inmate Mattson's shortness of breath and severe chest
pains, that there was not enough time to safely transport Inmate Mattson via the block 3
elevator. Offic~Munoz and I carried Inmate Mattson to the 3rd. floor hospital via the
block 3 stairweU. We were met at the door by RN May, who immediately administered
Oxygen to Inmate Mattson.
RN May stated to me that Inmate Mattson would require treatment at an outside hospital.
At that time, approximately 2: 15 a.m., I notified Lieutenant Ahlstedt of the pending
outside hospital trip, and then left the 3rd. floor hospital, as ordered by Lieutenant
Ahlstedt.
~~.".'

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....

ATT.f\C:Hfv.ENT It

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PAGE .--:..../

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':HASE RIVELAND
Secretary

STATE OF WASHINGTON

DEPARTMENT OF CORRECTIONS
\\'A5HINGT()~

STATE REFORMAT()I·:)

P.o. 80x 7'i- • f"llmroc-. Was/lington '10:""7_·0.-,-;

TO: WATCH 1 SHIFT LIEUTENANT/ SERGEANT

FROM: OFFICER MUNOZ (WI)

..

DATE: 09-25-95

SUBJECT: INMATE MATTSON #724793

On 09-25-95, at approximately 2:00 a.m., I went to block 3 for fonnal count. As I
entered Block 3. Officer Cook asked me to assist Officer Reimstadt in 3A Unit who is new
Intermittent Officer. As I entered 3A, Officer Reimstadt was on the phone talking to
Nurse Stithem regarding a medical emergency with Inmate Mattson # 724793, who was
having chest pains. Nurse Stithem asked to talk to another Officer so Officer Reimstadt
handed me the phone. I told Nurse Stithem that Inmate Mattson was declaring a medical
emergency because he was having chest pains. Nurse Stithem stated that she didn't want
to respond and find out that Inmate Mattson was only having heartburn. Nurse Stithem
then stated that she would come down and check on the Inmate after I repeated that
Inmate Mattson was having chest pains.
Officer Reimstadt and I then proceeded to 3A66. RN Stithem arrived at approximately
2:05a.m., without any medical equipment and spoke to Inmate Mattson. Inmate Mattson
stated that he was having severe chest pains. Inmate Mattson repeated several times that
they were severe chest pains. RN Stithim stated that she was going back to the 3rd floor
hospital to get things ready, and that I was to bring Inmate Mattson to the 3rd floor
hospital. RN Stithem then left Officer Reimstadt and myself with Inmate Mattson. At
approximately 2:08 a.m., I requested that Officer Cook to call for a wheelchair.
Officer Reed arrived at approximately 2: 13a.m.• with a wheelchair. Inmate Mattson was
lifted into the wheelchair because he was unable to stand.
Inmate Mattson was carried up the block 3 stairs to the 3rd floor hospital, where he was
immediately met by RN May and given Oxygen. RN May stated that 911 needed to be
notified.
At approximately 2:40 a.m., I left the 3rd floor hospital and returned to the
compliance of orders by Sergeant Kornegay.

-office""i..,n_ _~
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PAGE

0'<

_

----~----

---1--_--

CH/.SF RIVELANO
Secretary

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STATE OF WASHINGTON

DEPARTMENT OF CORRECTIONS

'!.TOi-<v

WASHINGTON 51ATE REFORMATORY
P.O. Box 777 • Monroe. W.uhington 98272·0777

TO: Capt. Evans

9-25-95

FROM: Sgt. R. Kornegay

Re: Matcson # 724793

At approximately 2:00am, 9-25-95, I recieved a radio call indicating
there was an emergency in the 3-A unit, I called the cage, and was told
by c.o. Cook, Mattson # 724793 was declaring a medical emergency due to
chest pains. Cook said c.o. Munoz was on the scene, che nurse had been
notified, but a wheelchair was needed to transport the inmate to the
infirmary. I called

c.o.

Reed back from night patrol, and instructed

him to take a wheel chair to 3-A, asap. R.N. Stithem arrived at
approximately 2:05am, and requested we transport the inmate to the
infirmary. According to C.O. Munoz, R.N. Stithem returned to the
infirmary at approximately 2:07am, stating she would get things ready
for the inmate. Up to this point, we received no indication this was a
life or death situation.

c.o.

Reed arrived a few minutes later. He and

C.O. Munoz assessed the situation, the inmate indicated he had taken 6
or 7 nitro pills with no relief, and he was in severe pain. C.O.'s Reed

& Munoz took the

initia~ive

and decided Mattson needed immediate

care. Rather than take the elevator, they physically carried Mattson up
the back stairs to the infirmary. They sensed time was of the
essence. I was told by R.N. May, their quick thinking saved Mattson's
life. When I arrived for work today, R.N. May told me Mattson had a
massive heart attack, and without Reed & Munoz taking the action they
did, Mattson would not have survived. I believe Reed & Munoz should be
commended for their accurate assessment of the situation, and the
action they took. I would also like to request a gurney, and a
wheelchair be placed in 3-A to save time in an emergency situation.
cc; Norma Gray
Kelly May

---.....",...----- ._--

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5T ;"n OF W0\5HI"JGTO"

H~ALth

DEPARTMENT OF CORRECTIONS

s-·,
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1:.'" II",:.~ iJ;~I":

MEMORANDUM
DATE: 09-23-95

.

SUBleT: Inmate Morton #906181

FROM:c/o R. Allis

3A-63, Medical Emergency
At approximately 1:12 A.M., on 09-23-95, inmate Morton, #906181
complained to the unit officer of chest pains declaring a medical Emergency. clo Helmer notified the shift office and nurse D. Stithem. I
responded to 3A unit to escort nurse Stithem to 3A-63.
At approximately 1:25 A.M. nurse Stithem arrived in 3A to assess
liM Morton. Nurse Stithem arrived without a stethoscope, blood pressure
cuff, emergency kit, or oxygen. On medical emergency responses these
items have been standard in the past.
Upon initial contact with liM Morton, nurse Stithem appoligized
for the time lapse because she had to take the Pharmacy keys up to the
4th floor. liM Morton proceded to explain the nature of his complaint
to nurse Stithem and she assessed the problem as indigestion. Nurse
Stithem did say that there was no indication of heart problems on liM
Morton's medical records. Nurse Stithem again reiterated that it was
probabaly only indigestion and checked I/M Morton's pulse.
Nurse Stithem told liM Morton that he should take some Malox for
his indegestion but if his pains persisted to notify the unit officer
and she would come back.
This was the extent of this incident. This memo is for your
information to deal with as you desire.

C/O R. Allis/ Watch I

~Odd

ATT/\OiMENT "

PAGE

_=.~...:...-.

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.

STATE OF WASHINGTON

I~ ;

DEPARTMENT OF CORRECTIONS- CHASE RIVE LAND

~~~::::

St':RET ~RY

TO:

FR~r.lrG~~

MEMORANDUM
DATE: /tl _

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rs .~ - .- -:::- -:..;;

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OCT 0 ,,: 1995

WASHlNGiCi-J STATE r.:';7(,=' .... .

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