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ADOT didn't just fire Cliff Young; it attempted to crucify him

Continued from page 1

Published on April 10, 2008

In April 2006, Young claims, he came into work one day to find a computer disk lying on his desk. He popped it into his computer and voilà! There was a document showing that employees in Young's department were being systematically discriminated against on their performance evaluations.

Young did what any of us would do: He shared it with his department.

The employees erupted. And when Young showed a printout of the document to his boss, his boss surely knew he had a problem on his hands.

But when the boss called the boss' boss, the Big Boss was far less worried about the allegation of discrimination than about how Young had gotten his hands on a confidential document. An investigation was launched, and ADOT determined that there was no disk, that Young had used his computer savvy to sneak into files he wasn't supposed to see.

They fired him.

Naturally, that rather killed the controversy over the performance evaluations.

To this day, Young insists he saw the document via the anonymously delivered disk — and that he never sneaked into anything. But the hearing officer who weighed his termination decided that his answers weren't truthful.

"Dismissal may appear, at least superficially, to be a drastic action against a long-time employee for accessing some computer files," wrote David Gering.

However, Gering wrote, an ADOT supervisor "testified that the showing of the spreadsheet caused problems with the Server Team that later had to be dealt with by management. Perhaps more to the point, however, is that as a member of the Server Team, [Young] had domain administrator authority with access to all of the documents in the entire Department of Transportation."

Once Young showed that he couldn't be trusted, Gering concluded, it was "probably the only realistic option" to fire him.

That was in October 2006. And in any normal universe, that would have been the end of it. As a single dad raising a junior-high student, Young certainly felt the loss of his $69,000 salary. (Today, he works full time for the local union that represents ADOT employees and makes just $12 an hour, no benefits.) He'd been punished pretty severely for a one-time lapse.

But in January 2007, Young got indicted.

Why?

ADOT isn't talking. The agency, says spokesman Timothy Tait, "will let the documents released as part of the formal court process stand as our statement without further comment."

The attorney general's office, which prosecuted the case at ADOT's recommendation, defends its decision to press charges.

"He broke the law," says Andrea Esquer, a spokeswoman for the office. "The jury took less than an hour to convict him."

That's true. But it's also true that Young's lawyer called no witnesses, other than Young, in his defense. And the jury was probably right to convict on the charges: A hearing officer concluded the same thing, that Young did access files he wasn't supposed to access.

The question is why this was a criminal case in the first place. Take the far more serious breach at the State Department, where nosy staffers went looking at passport information for Barack Obama and John McCain and Hillary Clinton; nobody got prosecuted for that. (They didn't even get fired, apparently, but that's another story.) And even the hearing officer on the civil side, the guy who found Young's testimony "untrustworthy," never suggested there should be any follow-up investigation.

In fact, I suspect even the Attorney General's Office knew the case was a dog. Esquer says they offered Young a series of plea deals, including one that would have allowed him to plead "no contest" to a misdemeanor. They don't do that for serious criminals — with good reason.

Still, "I wasn't going to plead guilty to anything," Young says. He's already filed his appeal.

So the state spent months preparing the case, plus four days in court with the jury. We the taxpayers had to pay for both the prosecution and the public defender who represented Young. We'll spend more money fighting the appeal.

All that for a $200 fine.

No wonder Judge Burke was so amused.

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