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Local Union Now Going After Parks Whistleblower

May 3rd, 2012 by jake · 23 Comments

If you’ve been reading The ‘Ville Voice for any length of them, you’re familiar with the Metro Parks whistleblower – the guy who caught Parks director Mike Heitz repeatedly driving drunk in a city-owned vehicle. You’re familiar with the fact that Heitz was barely reprimanded and the whistleblower, Joey Sears, was terminated and retaliated against by Greg Fischer’s administration. We’ve covered it extensively.

You also know that the credibility of Sears’ AFSCME 2629 union steward – the son of a Fischer Administration employee responsible for human resources work – has been questioned by this site and others. Primarily based on videos he’s posted on YouTube – by him. You’re also likely familiar with the nasty things they’ve said and done to Sears as a result of his honesty.

So what’s happening now? AFSCME 2629 is threatening Sears with legal action.

Get a load of this letter they sent him:

Dear Mr Sears

I am writing on behalf of AFSCME Local 2629 to demand that you immediately cease and desist from publicly defaming Union steward Nick Keene. As a Union attorney I am sorry to learn of your recent discipline and assure you that the Union will take every step to ensure that the collective bargaining agreement is defended but, we will not tolerate the false and unfair statements you have made about its steward

A person commits defamation in Kentucky when he makes a defamatory statement about the plaintiff that is published and causes injury to reputation (Stringer v,Wal-Mart Stores inc 151 S,W.3d 791,793 9ky.2004) Defamatory statements published on websites are actionnable and if made about Mr. Keen will be addressed by the Union.

Please note the we will initiate a legal action to defend Mr. Keen should you choose to ignore this demand if you have any questions feel free to call or write.

Very truly yours

David O’Brien Suetholz

Cc: Wesley Stover

Note: Stover is the president of Local 2629

No specifics were included – because there are none. And because Local 2629 knows it not only can’t prove Sears defamed his union steward – it can’t do anything to get the egg off its face.

What’s interesting, really, is that we’ve reviewed all comments Sears has left on this site and everything that’s been written about Nick Keene – the union steward. From YouTube videos of him pretending to be some gangster thug to comments left by other Metro Government employees, next to nothing has been said about him that wasn’t based on his job title, his responsibilities as a union steward or the things he said in videos that he posted. The only nasty comments we’ve found come from Keene, comments his friends attempted to leave and those left by Nancy Ray as she pretended to be someone else. All were attacking Sears, defaming him, fabricating information that we were able to prove inaccurate – all in an attempt to further tarnish him, harm his credibility and retaliate against him for uncovering the corruption and deceit within the Metro Parks system.

2629 should be ashamed. The entire operation has floundered since Greg Frazier left the Local to work on the state level in Frankfort.

The absolute best thing that could happen right now? The union could sue Sears and open not only itself up for deposition – but all of the shady Metro Government and various Metro Parks employees involved. Can you imagine how many buttholes in Greg Fischer’s office are puckering at the mere thought of that?

Since last night, three prominent attorneys have reached out. One a former elected official with more respect in the court system than most anyone in the state. It’s only a matter of time until an attorney who isn’t afraid of Fischer Administration retaliation decides to push this case of whistleblowing and retaliation.

It’s the perfect opportunity for Republicans to pick their Democratic foes off one by one and you know it’ll happen.

If you’re an attorney who wants to do the right thing? Email me (Jake) privately and directly. I’ll put you in touch with Sears.

Tags: Bad Behavior · Greg Fischer · Metro Government · Parks

23 responses so far ↓

  • 1 jack // May 3, 2012 at 12:25 pm

    So communicating a fact is defamation? The truth hurts. Go Joey. Don’t take any chit.

  • 2 somethingfischey // May 3, 2012 at 12:31 pm

    I can tell you this. the local union e-board guys wanted Greg Frazier gone, claiming that he was controversial. they wanted someone a little more mild mannered. claiming they could get more done using Honey instead of vinegar. if Greg is now on the state level, he need to level some heads with the local.

  • 3 jake // May 3, 2012 at 12:33 pm

    It’d be defamation if Sears had made shit up and gone after the guy with the intent to harm him.

    Neither of those things happened.

    And Frazier was the only thing holding Local 2629 together.

  • 4 Sesame Street // May 3, 2012 at 12:39 pm

    They always say if you have a video of a guy screwing a fish. then it’s not defamation to say his is a Fish F$%KER. maybe a lawsuit is just what this guy needs.

  • 5 Vanilla Gorilla // May 3, 2012 at 1:01 pm

    “A person commits defamation in Kentucky when he makes a defamatory statement…”

    Someone should tell David O’Brien Suetholz that you’re not supposed to use the word you’re defining within the definition. I learned that in elementary school.

  • 6 JTT // May 3, 2012 at 2:54 pm

    And given how sloppily he cited the case – I have to wonder about his legal acumen.

  • 7 jake // May 3, 2012 at 2:55 pm

    Rather than attack the attorney, focus on the union and Metro Government.

    They’re one and the same these days.

  • 8 Gary // May 3, 2012 at 3:30 pm

    I think Sears has grounds for a lawsuit just based on the comment from laughingatyourdumbass.

  • 9 JGreen // May 3, 2012 at 4:27 pm

    I would be willing to put up money for and Attorney. Jake keep plucking away. it’s time these people are exposed for what they are.

  • 10 G'town Reader // May 3, 2012 at 4:28 pm

    A deleted “comment?”

  • 11 jake // May 3, 2012 at 4:35 pm

    I think they’re referencing comments from a few weeks ago, G’town.

  • 12 Sesame Street // May 3, 2012 at 4:39 pm

    G’town what are you talking about ?

  • 13 Gary // May 3, 2012 at 4:55 pm

    This is the comment I’m talking about,

    Laughingatyourdumb@ss // Apr 2, 2012 at 2:09 am

    It’s amazing how when you print only one side of a story people actually believe your crap instead of taking initiative to investigate something for themselves. Hypocritical snobs. The truth is that Joey Sears has a very long discipline history. He admitted texting and talking on his personal cell phone for hours while driving a big tractor lawnmower. The 15ft tall kind. Sorry, was that your kid I just ran over. Joey also admitted that he cursed out a teenage child in public, while in a metro uniform, while already suspended from his job for other stupid stuff. How many disciplines should you get before getting fired. Isn’t it true that without your union reps you would have been rightfully fired about two dozen disciplines ago Jake……I mean Joey. I get all your liars confused. Great job on those Nick vids above. How many years ago were some of those taken. Isn’t that kind of music big business and socially acceptable with tens of millions of people. Thought I saw that somewhere. Oh, the issue is that he was a metro employee when he made these videos off the clock and not wearing a metro uniform. Maybe if you hadn’t have been busy violating dozens of policies, cussing out children, and acting like the oxygen thief you are, you would still have a job. You did forget to mention that not only did Nick talk to you as a steward from his personal cell phone for over an hour, while on vacation out of state, that you were the one to not only remove him, but all union representation before you got yourself fired. You’re a middle-aged man that is a pathetic waste of a liar and bullies children while being dangerous on your job. You were repeatedly warned and still failed to grow up. That’s why you got fired. Slob. And whistleblower…..please. Only an idiot believes that crap. It you were a whistleblower, why did it take you eight months after you were fired, until after Heitz hitting the papers, did you make an unverifiable claim that you called metrosafe to report Heitz. That’s a long time span for someone with “so much proof”. Tell the people the truth. The reason you don’t go to metro council, as would be soooo simple if this crap were true, is because you’re a big lying slobby oxygen thief that should have been fired years ago. The only fault of the union here is having to actually represent your stupid butt until you dismissed them and got yourself fired. But you’re right. If you told the truth, that you dismissed all the union representation and taking the case alone, does make it hard to get people to think that Nick actually had anything to do with you getting yourself fired. Amazing thing about subpoenas, they can actually trace an IP back to a personal PC. Good luck with that slander and libel lawsuit that is coming.

    21jake // Apr 2, 2012 at 7:38 am

    If you knew what you were talking about, you could read everything we’ve published. Including information that deals with alleged disciplinary action – 99% of which is called into question, timelines don’t add up, etc. And cursing at a kid? You obviously aren’t interested in the truth – because you didn’t mention that it was the nephew of Marty Storch or that he signed a memo indicating that he never felt threatened.

    Here’s a pro-tip: Don’t come at me accusing me of making shit up unless you can back your ass up. Unless you want to talk about how people like Mike Slaton have, indeed, used their personal cell phones to do things like text, tweet and talk all fucking day.

    Another pro-tip: No one who went to UK actually calls it “U of K.”

    And about IP addresses… Nancy, sweetie, dumb as hell if you think I won’t turn over your IP information to Sears’ attorneys just for the asking. Primarily because of the stuff you, yourself, just made up in that comment. You may want to think twice about crossing someone who has handled a defamation/libel/slander case. This isn’t my first rodeo. Insight Communications tends to give me IP information in under an hour.

    22Debbie // Apr 2, 2012 at 10:44 pm

    BRAVO!

    23jake // Apr 2, 2012 at 11:15 pm

    And just like that, butt-hurt Metro drunks/employees are continuing to try to leave nasty comments.

    Funny how that works. Almost as funny as watching Sadiqa try to save face when she’s encountered by anybody who has seen her bullshit with Metro Animal Services (hi, Sadiqa! you ready for me to publish everything Nikki Jackson left behind when she fled Frankfort?).

    P.S. Additionally, Sears didn’t have a long disciplinary history. He had never been written up over anything until he was suspended for talking/texting. He didn’t drive a tractor. And, uh, he wasn’t in his uniform on his day off from work and on a day Nancy claims he was suspended (other documentation and employees say he wasn’t suspended/that’s up in the air). Maybe you should try harder before fabricating information.

  • 14 Gary // May 3, 2012 at 4:57 pm

    That comment is defamation in my opinion. if can be traced back to Nancy Ray or anyone involved in this case.

  • 15 wtf // May 3, 2012 at 6:26 pm

    The local collects 40 someething dollars a month in union dues and sit on their ass a do nothing. Never have seen any of these people. what do they do with our money.

  • 16 Cavemouse // May 3, 2012 at 7:15 pm

    AFSME is the Metro’s union. Most of their members are begging other unions to take them in. The only protection they offer is for their own a$$es. How much taxpayer $$ is Mr. Keene collecting on the “Union Business” clock? How much of it is OT?

  • 17 chickenandfries // May 3, 2012 at 8:55 pm

    That last part of the comment made by Laughingatyourdumb@ss. that’s a link to prove the comment was made by someone from the union or Nick’s mom. things like this are the reason people hate union labor. it sounds a bit personal to me. I think the union and metro parks may have a problem on their hands. someone in the mayor’s office better get a grip on this situation. this is proving to be a personal issue against Mr. Sears.

    were there other comments like this one made ?

  • 18 54321 // May 3, 2012 at 8:58 pm

    Vote AFSCME out and get a real union Teamsters 2013

  • 19 Frankfort // May 4, 2012 at 12:52 am

    This situation has so much steamy stinky shit smeared all over it. its not a can of worms the union or the city will want to open. when it comes down to serving people subpoenas for depositions the names on that list will be politically news worthy.

  • 20 G'town Reader // May 4, 2012 at 10:44 pm

    @Gary — Thank you for providing that thread I had forgotten. And adding it to this context.

  • 21 lateshiftatthezoo // May 5, 2012 at 3:45 am

    Most union members don’t even know they have the right to pay reduced union dues. try asking a union rep where your money goes. most of them won’t openly tell you the majority of your money feeds the democratic party. you have a right not to pay full dues and still receive union benefits.

    yes believe it or not. most of your hard earned money was spent to get the democrats elected. while a small portion of it is used to protect your ass. this is the reason most unions want to take the easy way out. it takes money and resources to fight a grievance. most unions use less than 25% of your dues for that process. while the other 75% goes to yes you guessed it the democratic party. is anyone seeing a pattern here. guess what the majority of your hard earned money was spent on campaign contributions. no matter if you liked the candidate or not. Afscme gave money to Jim King, Greg Fischer, Obama, you name it.

    if you think these ass holes aren’t sleeping in the same bed together you need to stop hitting the snooze button it’s time to wake up.

    Employees often mistakenly believe that they must become formal members of the union or be discharged.(9) Most individuals in the workplace do not realize that they cannot be required to become or remain a member of a union as a condition of employment. In Right to Work states,(10) employees’ “right to refrain” is complete, as they need not tender dues or even a reduced “financial core fee” to the union. In states that have not enacted Right to Work laws, the union and the employer may lawfully require some degree of financial support for the union as a condition of employment, i.e., the payment of the reduced “financial core fee.”

    However, even in those non-Right to Work states, formal union membership cannot be required, regardless of the wording in the collective bargaining agreement.(11)
    Accordingly, there is a critical distinction between voluntary, formal membership in a labor organization and “financial core fee” payor or “agency fee” payor status: voluntary union members are subject to internal union discipline and fines, while nonmembers (e.g., “financial core payers” or “agency fee payers”) are not.

    Employees who are not members of the union remain “members of the bargaining unit,” fully covered by the collective bargaining agreement and all of its provisions regarding salary, benefits, seniority and pensions.(12)
    Moreover, the union continues to owe these “members of the bargaining unit” a duty of fair representation.(13)
    While such employees can be prohibited from participating in internal union affairs (such as voting in union elections, voting on decisions to strike or ratify a contract, or running for union office), they are immune from internal union discipline and fines.

  • 22 ruinmyunion // May 7, 2012 at 3:54 pm

    Metro Park workers need to file a decertification petition. all you need is 30% of the workers to agree. if AFSCME isn’t doing their job just get rid of them. it’s not that hard to do.

  • 23 ABHuges // May 7, 2012 at 11:13 pm

    I work for a company that changed unions and it made a big difference. if you are tired of management and your union leaders holding hands. do something about it.

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