Naples Daily News
NAPLES, Fla. — A Collier County Emergency Medical Services pilot suspended one day last month for leaving his running helicopter won his appeal Thursday.
EMS Pilot Mark Holmes, 53, was suspended without pay July 28, ordered to complete a safety course and pass a test before returning to work. He immediately passed that hurdle, but appealed the discipline.
The suspension involved a July 14 incident when Holmes, a paramedic, could be seen on TV footage outside his running helicopter on U.S. 41 North, where he was picking up a pedestrian hit by a car.
Holmes contended he was trying to prevent an ambulance from hitting the chopper and got out to wave it safely by the rotors’ edge.
On Thursday, Chief Pilot Steve Adams told Holmes the discipline had been overturned, he’d get back pay and a letter of counseling would be placed in his personnel file. It says he should have alerted his supervisor he’d gotten out of the helicopter because of an emergency situation.
Holmes and his attorney, Sam Gold, considered the discipline retaliatory and applauded the decision.
“We have yet to see the final paperwork, but it’s a step in the right direction,” Gold said Thursday. “We’re just hopeful that it closes the chapter with respect to actions against Mark Holmes.”
Reached for comment Thursday night, EMS Chief Jeff Page disagreed. “It’s got nothing to do with retaliation,” Page said.
The discipline went against a county attorney’s advice.
On July 22, Page emailed Deputy County Attorney Scott Teach to say he intended to put Holmes on paid leave, but Teach warned him not to, noting Adams said it didn’t warrant that.
Page disputed that, emailing: “I, as the president, made the call to support the recommendations of the chief pilot, against your advice, and take full responsibility for my actions.”
Holmes was placed on paid leave, then asked to come in July 28, when he learned he’d be suspended without pay for a day.
Page said it was Adams who caught the alleged infraction on television. The initial plan was for Adams to ask Holmes about it, but Teach said they had to give Holmes
48 hours notice, Page said.
“That would have been the end of it,” Page said. He said it was Adams’ decision to suspend Holmes. “I didn’t catch it. I didn’t pursue it. I wasn’t involved in the disciplinary process,” he said.
In June, a federal jury awarded Holmes $70,000 for his whistleblower and retaliation lawsuit against the county. Holmes, a 13-year employee, told jurors Page wanted to “destroy” his career after he blew the whistle on workplace safety, maintenance and management concerns.
Holmes testified he was demoted to EMT, forced to take out trash, stuff files and clean toilets. He said a May 2008 incident in which Page alleged he flew too low was just a pretext; the FAA cleared him of any wrongdoing.
Last month, Page announced his retirement after 30 years of service in the county. He leaves Sept. 3. Walter Kopka, an EMS battalion chief, was appointed to his post until a new chief is hired. Kopka also was named director of EMS operations, the No. 2
Copyright 2011 Collier County Publishing Company
All Rights Reserved