May 2, 2013

Lawyer's arrival adds new layer to controversy to Lepage unemployment controversy

By Steve Mistler smistler@pressherald.com
Staff Writer

AUGUSTA — A lawyer representing the federal Department of Labor is in Maine to interview unemployment hearing officers and others who attended a controversial lunch meeting six weeks ago with Gov. Paul LePage.

The lawyer, Leticia Sierra, planned to conduct interviews Wednesday and today with about 13 people who attended the March 21 gathering at the Blaine House, said Julie Rabinowitz, a spokeswoman for the Maine Department of Labor.

Sierra's arrival adds a new layer to the unfolding controversy about a meeting in which LePage and Jennifer Duddy, the governor's lone appointee to the state's Unemployment Compensation Commission, allegedly scolded unemployment hearing officers and pressured them to make more pro-business rulings in appeals decisions that determine whether workers receive benefits.

The decision to send a representative to Augusta suggests that the federal government might have concerns about the adjudication of unemployment hearings in the wake of the controversy, according to a national labor law expert.

It also suggests that recent visits by federal auditors, and a subsequent telephone call between LePage and Seth Harris, acting secretary of the U.S. Department of Labor, might not have been as routine as the administration originally stated.

The Department of Labor's legal arm, or Office of the Solicitor, acts as an enforcement and dispute resolution agency. Its attorneys also prosecute court cases in which the labor department sues a state or company about workplace violations and retribution against whistleblowers.

Although complaints about unemployment hearing appeals are common among businesses and employees, this dispute and the response by the federal government appear to be without precedent. A national labor law expert and the president of the National Association of Unemployment Appeals Professionals, the organization that promotes ethics and best practices for hearing officers, both said on Wednesday that they could not recall a similar instance in which a governor or a top political appointee had discussed impartial appeals decisions with quasi-judicial staff members.

"I've never heard of a situation like this happening before in any other state," said Craig Gustafson, president of the national appeals professional organization.

The hearing officers are quasi-judicial staffers funded by the federal government for the purpose of adjudicating unemployment appeals. At issue is whether the mandatory meeting with LePage impedes the fair-hearing process.

The LePage administration has claimed no wrongdoing, saying the lunch meeting was designed as an educational session between the governor and labor staff members.

Emails obtained by MaineToday Media through the Freedom of Access Act show that several attendees felt pressured by the governor to change the way they adjudicate appeals. A state employee who adjudicates unemployment benefit hearings described the meeting as a "group scolding" and lamented the current "dark times" for keeping political pressure out of the adjudication process.

Linda Rogers-Tomer, a hearing officer supervisor, later wrote in a note that followed the meeting that she felt that 20 years of "jurisprudence was going out the window."

The controversy prompted attorney David Webbert to request a federal investigation. Webbert, president of the Maine Employment Lawyers Association, a group of about 50 lawyers that represents employees in unemployment disputes, said the episode could violate federal laws governing the fair-hearing process.

Federal auditors were in Maine two weeks ago to review unemployment files at the Maine Labor Department. Webbert claimed that the visit stemmed from his request for an investigation.

The LePage administration said the visit was routine and has since vowed to work with federal auditors.

LePage has remained defiant amid the controversy, accusing Webbert of lying about it and daring the hearing officers to come forward.

On April 17, the governor announced a forthcoming executive order to establish a blue-ribbon commission to review the entire unemployment system. The executive order has not been issued yet, although LePage has announced two appointees to the panel.

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