The report and recommendation of Jeannette E. Gunn indicates Bill Morrison, executive director for Job and Family Services, fired Roseman because a charge of neglect against her in the Hamilton County foster care system had been “substantiated.”
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The report notes Roseman’s child complained to the school nurse of jaw pain and “the nurse reported a swollen jaw, a black eye, bite marks and scratches” but the child did not require medical treatment. Roseman testified her child had a fight with her niece while Roseman left the 10- and 11-year-olds “alone in the house briefly,” according to Gunn.
Gunn wrote Morrison didn’t fire Roseman immediately, and she was placed on paid administrative leave June 23 when she admitted the neglect claim was substantiated. She told Morrison she had appealed the decision and he asked her to authorize the release of the confidential investigation records from the Hamilton County agency that has custody of the child. She refused and was ultimately fired based on gross misconduct and/or Failure of Good Behavior and neglect of duty.
Gunn in her decision said the county’s “concern for its clients and community is both understandable and laudable” but the firing was “overly harsh.” There were some technical and legal reasons that made the firing improper, she said.
“I note that (BCCS’s) disciplinary response appears to be overly harsh, given the information contained in the record,” she wrote. “(Roseman) was a 26 year year employee with no disciplinary record. (BCCS’s) own witnesses characterized (Roseman) as a rule-follower and expressed disbelief that the allegations of neglect had been found to have merit by HCCS. (Roseman) had fostered children for 20 years with no previous allegations of neglect.”
After the ruling, Morrison notified Roseman her old position no longer existed but she could return to the agency as a contract monitor making $36.65 an hour. She did not report back to work in September 2018 as instructed, and her attorney informed the county she was considering a federal lawsuit. That’s when settlement talks started.
Commissioner Don Dixon said county officials can’t talk about the particulars of the situation but he believes Morrison acted appropriately.
“It certainly is a substantial amount of money and we wholeheartedly disagree with the administrative law judge and her opinion,” Dixon said. “We’ve always put the children’s safety first. We don’t get into the details of personnel, it’s just our policy.”
This isn’t the first time someone from the state ordered a county employee’s reinstatement. Butler County Sheriff Richard Jones fired Joshua Bowling in June 2013 for allegedly associating with a known criminal. Bowling allowed his cousin to move in with him three months after the cousin was discharged from prison. The sheriff said his employees are not allowed to “associate” with known criminals, a provision that is included in their contracts.
A state arbitrator decided since Bowling’s cousin wasn’t in the Butler County Jail, wasn’t a “notorious criminal” and would not “substantially impair the reputation” of the sheriff’s office, firing Bowling wasn’t warranted.
Supervisors also told the arbitrator Bowling has a history of insubordination. The arbitrator said supervisors cited 11 times Bowling was disciplined, the worst being when he allegedly provoked a physical altercation with inmates and was suspended for three days in 2006.
The case was eventually settled for an undisclosed amount.
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