County gives 13 reasons for firing
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Updated: Friday, April 18, 2008 8:24 PM PDT |
Tulare County Library officials fired a Lindsay library aide for her inability to complete routine assignments and for not keeping her supervisors informed of community complaints and problems at the library, according to press release issued by the county's attorney last week.
Attorney Michael Woods released the statement April 7 detailing 13 reasons why Brenda Biesterfeld was fired on March 6 following an incident two days earlier when a library patron was arrested for allegedly using public computers at the library branch to view child pornography. The county had been waiting weeks for Biesterfeld to sign off on the public release of her personnel files.
Most of the list includes routine procedures that the county claims Biesterfeld failed to improve upon from her three-month review, including “proper completion of the cash report, proper documentation of the collection of fines, the importance of seeking clarification of policies and procedures, developing clerical skills, working on assigned tasks and keeping her supervisors informed of all problems and community complaints.”
While the list outlines exactly what Biesterfeld failed to do in her position at the library, it also contradicts statements made by the county that the child pornography case had nothing to do with her firing.
The portion about “problems and community complaints” was further referenced in an item directly related to the child porn incident.
The document states that “Ms. Biesterfeld did not tell her supervisors that the patron was accessing child pornography, and thereafter she neglected to notify anyone in management of the events which transpired, including the suspect's arrest until after they had occurred and failed to advise that the library's computer had been seized.”
The document goes on to state that “Ms. Biesterfeld was insubordinate on March 4, 2008, when she refused to answer her supervisor's questions [about the child porn incident].” The document said Biesterfeld told her supervisor, Judi Hill, that R. Wilkinson with the City of Lindsay had requested Hill to contact him. Despite repeated requests that she identify Wilkinson, Biesterfeld refused to mention that Wilkinson, whom she knew to be a captain with the Lindsay Police Department, was a police officer.
Biesterfeld claimed that when she called Hill to report a man - Donny Chrisler, 39, of Lindsay - viewing child pornography, Hill told her not to report the incident to police and to give the man a warning instead. Biesterfeld called the police anyway and she was fired the next week, one-week shy of completing her six-month probationary period. Chrisler was arrested by Lindsay Police officers on suspicion of possession of child pornography.
But Board of Supervisors Chair Connie Conway made the following statement following a closed session of the board on March 15: “The fact that these two events occurred within a short time does not mean they are connected,” Conway wrote regarding the arrest and Beisterfeld's firing.
The Liberty Counsel, which is representing Biesterfeld, said nothing has changed their position that Biesterfeld was fired without reason.
“Even this new, after-the-fact information fails to justify the wrongful termination of Biesterfeld,” the group said on its website.
The county has arranged for an independent investigation to be performed by retired Tulare County Superior Court Judge Kenneth Conn. According to Woods, Conn will act as a mediator between the two sides if Crampton is willing to participate in talks. If Biesterfeld's attorney does not participate, Conn will review all aspects of the case and report his findings to the Board of Supervisors.
Biesterfeld's attorney, Stephen Crampton of the Liberty Counsel, has not ruled out the possibility of filing a wrongful termination lawsuit against the county.
In conclusion, Woods wrote that “In view of Ms. Biesterfeld's threatened litigation and on the advice of counsel, library personnel will not be responding to any inquiries concerning Ms. Biesterfeld's release.”
Country star Mark Wills plays Lindsay's McDermont April 19
Country music star Mark Wills will perform live in concert April 19 at the McDermont Field House in Lindsay. Doors open at 6:30 p.m. A mechanical bull will be available throughout the afternoon and will enter your name for a chance to win two front-row seats and backstage passes. Proceeds benefit former Lindsay Library aide Brenda Biesterfeld.
Tickets are $30 and are on sale online at www.vallitix.com.
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