Monday, February 13, 2017

Training Director sues DPS for retaliation

The Training Director for the Mississippi Department of Public Safety sued DPS and several DPS officials for retaliation Friday in U.S. District Court.   Captain Gayle McMullin charged in her complaint that DPS officials engaged in acts of discrimination and retaliation against her after DPS settled a reverse discrimination lawsuit with her last year for $118,906 and promoted her to Training Director as part of the settlement.  Captain McMullin  alleged in her original lawsuit that Mississippi Highway Patrol Colonel Don Berry "rigged" the hiring process so that the Training Director Position could be awarded to Master Sergeant Marshall Pack.  Both men are black.

The main charges in the lawsuit are:

 Marshall Pack's sister, who had worked for Mr. Pack while he was prior Training Director (in the prior subject suit), was retained by Defendants as administrative assistant and remained, over Gayle McMullin's objection, as secretary and administrative assistant for Gayle McMullin, causing much disruption. On or about September 1, 2016, the sister finally transferred to the Department of Human Resources. After said transfer, the Defendants have refused to place anybody in the secretarial position to do the administrative paperwork necessary for Plaintiff efficiently to conduct her job as Training Director....

All previous Training Directors, unlike Plaintiff, have been able to choose the members of their Training Staffs. Plaintiff's Training Staff remains those troopers who were trainers when Marshall Pack was Training Director...

 Plaintiff has had orders denied for her designated troopers to attend the following training: "ALERRT'' classes. and an active shooter course in Georgia, and other classes. Such types of training were routinely authorized when requested by the former Training Officer. By doing this, Defendants are continuing to discriminate against Plaintiff, and to retaliate against her, in violation of the law. (The complaint alleges that Colonel Guillard sent troopers to other schools without consulting her.)

The Mississippi Highway Patrol jeopardized its radar certification and the ability for radar interpretations to be admissible in court when the instructor/trainer in Georgia refused to certify Mississippi troopers as instructors of other troopers and law enforcement officers. The Mississippi Highway Patrol refused to allow Trooper Jason Ball to attend radar instructor certification training. Plaintiff finally was able to convince the radar certification instructor to credit prior training and give certain Mississippi State Troopers operator recertification.  There are a limited number of troopers in Mississippi who are certified to train other troopers to become radar instructors. Such types of training were routinely authorized when requested by the former Training Officer. By doing this, Defendants are continuing to discriminate against Plaintiff, and to retaliate against her, in violation of the law.


There was unnecessary delay in the Mississippi Highway Patrol's repairing and replacing Plaintiff's computer and copy machine. Plaintiff finally received a computer and, about four months ago, a copy machine. The repair and replacement of such equipment was routinely performed for the other troopers....


Plaintiff was ordered, and then the order was withdrawn, to account for every minute of her work during the day. The order was withdrawn only after Plaintiffs counsel became involved...


On February 6, 2017, Lieutenant Colonel Ginn told Plaintiff that in a staff meeting a decision was made that Plaintiff could not physically go to the Capitol where the Legislature is in session and work for the Troopers Association unless her visit was approved through the Chain of Command, being Lieutenant Colonel Randy Ginn, Colonel Chris Gillard, and Commissioner Marshall Fisher, and if the visit was approved Plaintiff would have to be granted days off, wear civilian clothes, and travel in her personal vehicle, all under the threat of further penalties.
 During the first 2-1/2 years of tenure as President of the State Troopers Association, Plaintiff visited the Capitol using her Mississippi State Trooper vehicle, in uniform, and on official time.

At least all three prior Presidents of the Mississippi State Troopers Association also visited the Capitol on official time, in uniform, using their Mississippi Highway Patrol vehicle...

Captain McMullin asks the court to enforce the settlement agreement.  She asks the court to direct DPS to allow her to choose her own staff and cease all retaliation.  She is represented by attorney Dennis Horn.  The case was assigned to Judge Henry Wingate and Magistrate Linda Anderson. 

Read all about the original complaint here. It's very entertaining and enlightening. 



57 comments:

Anonymous said...

Those idiots are responding to McMullin's victory the same way the deranged left is reacting to Trump's.

Make America Great Again!

Morton's Fork said...

These boys just don't get it. Nothing follows.

Anonymous said...

Doesn't the Lobbying Law Reform Act of 1994 prohibit the type of activity that McMullin was told she couldn't do?

Anonymous said...

One must wonder if Miss Penny Corn will be next, after she was fired within months of winni9ng her lawsuit? DPS better wake up.

Anonymous said...

I am sure there will be more to come. Santa Cruz and his boys have really screwed DPS up with all their good ole boy crap.

Anonymous said...

These troopers need to get back to doing what they were hired to do....drive drunk legislators around.

Kingfish said...

Don't think Ms. Corn will be suing this time.

Kingfish said...

Fisher is more of the same good ole boy crap. Just look at his tenure at MBN.

Anonymous said...

Meanwhile the Supertalk mouthpiece keeps begging for trooper school money. They blew all their training budget on avoidable lawsuits it appears.

Anonymous said...

Please, just let the lady run her Department and Stop the petty bullshit!! Grow up and enjoy the fruits of your labor and hard work over the years and let the Troopers do their jobs.

All the Governor has to do, is to tell them to back down and give her the same respect they would if she was a man.

Come on guys! Get back to what you do best, protect the citizens of Mississippi!

Retaliation 101.. said...

Don't know how many of you were around in a management capacity when the sexual harassment 'rules' hit the deck throughout business and industry. But, I was. This reminds me of those days when the jerk-offs in management (and I was one during the early years of it) thought they could still snatch a woman's panties up into a wedgie in the office as long as you thought she would laugh and allow that.

Then after it got serious, even after years of seminars and training and writeups, some years later we still had managers galore who just didn't get it and they continued milder forms of harassment, with the understanding of 'oh she likes it' or 'well, hell, she laughed when we did it last year' or 'she know's we're only kidding'.

These old boys are just slow to learn. They've never taken anything seriously other than a large dump in the crapper.

They actually BELIEVE they know how far they can push retaliation and they actually THINK they can outsmart the legal system. They'll either get slapped hard or fired or fined or all three.

And a prime example here on this page is the guy who (above) seems to suggest it'll be cut and dried since the legislature has outlawed lobbying.

Sorry guys. It's all about disparate treatment. Unequal rules. Enforcing a strict set of guidelines on an employee who has filed suit while prior precedent clearly indicates the opposite was allowed, condoned and recommended. It's called retaliation for having filed a claim, complaint or suit. And it will cost the agency big time. And a few heads will and should roll.

Anonymous said...

Kingfish- think you are wrong about Corn and she will not be the only one. The list is long. Just wait and watch DPS implode.

Anonymous said...

When the settlement was announced, Governor Bryant said he would not tolerate this behavior in state government. Time for him to prove it.

Anonymous said...

According to DPS website Ms Dianne Berry works in the Emergency Telecommunications area as an Operations Management Analyst Senior in the Planning Division,did they make up the title Operations Manager 6 to justify a pay increase? Didn't Penny Corn work in the Planning Division?

Anonymous said...

The Governor isn't going to do a thing at all. If he was going to, he would've done it a long time ago. Why not just do the right thing and save the money they're shelling out to pay lawsuits and use it for schools or equipment? From what I've heard, DPS hasn't won't a suit in a very long time. This article is not surprising at all. The administration has refused to do the right thing for years now. I'm sure this suit will go down in history just like the rest, another loss for DPS.

Anonymous said...

Bryant will not do anything. That department is a mess and Bryant shares a large part of the responsibility.

Anonymous said...

Kingfish, can you give a report of House Bill 974?

Anonymous said...

IS this this same Gayle that does their lobbying at the Capitol?

Anonymous said...

Yes, it's the same Gayle.

Anonymous said...

i no none of them but that Pack guy needs fired, again with a harsh letter. lol

Anonymous said...

BTW...Super Talk is as disgrace to MS. I can only wander what people driving through from other states must think. J.T. Talking nonsense with food in his mouth and spewing dumb a$$ things about cow and pit bulls.

Anonymous said...

A once proud agency is only a shell of its former self. Or maybe their system has finally been caught up to.

Anonymous said...

5:17's comment on this topic is about as relevant as the proximity of the Whole Foods to DPS headquarters. FYI, its only 2.8 miles.

Anonymous said...

7:03
See 1:01 PM. Must be a friend of yours. Surely you took the time to check the distance while eating you rodeo grub during your lunch. Be careful not to spit bar-b-q on your nylon tie.

Anonymous said...

Actually, 5:17 is timely and on point. Gallo and his merry band of henchmen (his supervisors and cohort Jay Tee) are sucking up to all this crap. They do the bidding of Bryant and speak to his narrative as if all is well.

Anonymous said...

7:27; I don't wear a tie, I work for a living! And what does your comment even mean, what is it meant to imply?

Anonymous said...

Judge Jolly was pleasant and didn't crucify DPS in the oral arguments in the previous lawsuit. DPS better pray the District Court just hammers them this time and the 5th Circuit doesn't get another crack. I'd imagine it'll be much less pleasant and much more direct if they do. How much taxpayers money are we going to pay Horn? Him kicking their ass once should have been more than enough. Cleveland is a good lawyer, but like last time, he can't change the facts.

Anonymous said...

My understanding is that Feel will resolve this situation by requiring everyone in state government to watch a video. You have to take you hat off to Deputy Feel. He knows how to manage a crisis.

Anonymous said...

Gallo and his merry band of henchmen (his supervisors and cohort Jay Tee) are sucking up to all this crap. They do the bidding of Bryant and speak to his narrative as if all is well.

Is all that really new to you? Bryant today and Barbour before him. RadioGOPRINO has been discussed here at JJ for a decade already. Please catch up.

Anonymous said...

8:29 you know what's funny, if if wasn't for Mississippi University (where all them liberals go to school ) Ole Paul and JT wouldn't even have a forum, between the two of them I doubt if they have 10 paying advertisers. I also doubt if they're 500 regular listeners in the metro.

Anonymous said...

Supertalk Mississippi really knows how to make the liberal left snowflakes throw "toddler temper tantrums".

Good job Davenport !

Gallo, J T & the rest of the staff deserve a raise.

The progressive meltdown continues.

The majority of Mississipians love it !

Keep up the good work !



Anonymous said...

Mississippi needs to wake up. The Governor is out lobbying to have more state agencies moved under his control. Hello?!?!? Why?!?!? So we can have more of this crap? Speaking of crap-the largest state agency corruption (MDOC) was with an agency that the Governor runs. Gov-you need to clean up your own backyard before you run out there trying to clean up others. The shit is starting to stink in your backyard. Glad you'll be put out to pasture in a few years. It's time for you to go.

Anonymous said...

Supertalk in Jackson has next-to-no audience.

Jack-Town Boil Water Alert said...

Hey 10:33 pm.

Thank you !

You proved my point. But please don't throw a fit.

It's Supertalk Mississippi . . . not Supertalk Jackson.

There's no need to get worked up and spend four hours in the Saint Dee Emergency Room.

In The Green Room.. said...

But Supertalk was running a commercial last year in which it took forty-seven seconds to list all of its affiliate stations as if they were signing on during a military exercise. Paul reminds me of that little North Korean guy shooting off missiles into the ocean.

Anonymous said...

So many great points on this thread.

Gipson and Carpenter were grandstanding with their "Back the Badge" bill I'm the house. Plus all this nonsense about funding a trooper school is bullsh*t.

Add fuel to the fire, legislators made DPS exempt from HB974. Now if there is one place that needs to clean house, it's DPS.

That place is a lawsuit waiting to happen. When is enough, enough?

Anonymous said...

Yes Supertalk is a joke and nobody listens to it anymore. Also: the only guy who really tried
to confront the agency's gender and racial attitudes was the late George Phillips but he was
edged out of there in part because he took these matters on directly.

Anonymous said...

I have to wonder what the DPS has on our Governor and perhaps others to be allowed to continue to break the law without any repercussions?

Kingfish said...

Porter probably will not allow them to make any real changes.

Anonymous said...

JT is like listening to someone grind their teeth. Gallo is a stuttering idiot.

Head to Head is pretty good and probably is the leading show on the network audience wise.

Anonymous said...

Whiffer, er, @12:18 AM, SupertalkMS has similar non-existent audience results in all markets up and down the state. Take away the state government spending and the "network" rolls over belly up.

Anonymous said...

KF, in fairness to all parties and to the folks that read this site, wouldn't it be prudent to post the DPS response to this filing by McMullin if/when it is filed? You do a great job of posting complaints but we rarely see the defenses. Complaints are always full of hyperbole, overstatements and even outright lies. I think the normal working public could formulate a more reasoned opinion if both the action and the reaction are made available (when available).

Kingfish said...

BS. I post them. The problem is that the defense usually just posts an answer that states for each allegation "deny" or "not enough evidence to support a claim" or something similar.

She filed the complaint on Friday. DPS has not yet been served or wasn't when I last checked. I suspect you know all of this so nice try.

Anonymous said...

Who is Porter?

Anonymous said...

To repeat: Who is Porter....?

Anonymous said...

It's all about one thing !!! I worked with MHP for 30 years all the A ministration Does is takes care of there selfies. They but there good old buddy's in supervisor positions and they cant spell the word. The good honest and decent troopers with the ability and compassion for supporting the troopers get thrown to the side because they do what's right for the men and the MHP. That's why there asr all these law suits and there's a lot more coming!!!!!!! The leadership couldn't do the right thing even if they knew how !!!!!! When you put ignorant people over a Agency and let them run wild you end up with all theses law suits. I am very proud to have been a trooper but I was never proud of our leadership. Put someone up there that takes care of the troopers and does the right thing and MHP would be back on its feet in no time.

Anonymous said...

Corns lawsuit was a joke! Just like her! Her and her little followers all got fired including her bff from dps hq that was caught banging her married boyfriend at the time and now they are married! Karma must be a bitch!

Anonymous said...

Very well said, Roadman. I hope there's a change coming soon for MHP or else there won't be a MHP anymore. Tighten up, Gov!!! You are letting that agency FAIL!!!! They deserve more than the hand they've been dealt the last several years. You can change it for them, Governor!!!

Question Of The Day.. said...

Regarding all these systemic problems going unaddressed with the Highway Patrol, do this: Ask yourself, "What would KF do?" No, not Kingfish. Kirk Fordice.

Anonymous said...

This woman should not be allowed to further enrich herself and her attorney with our tax dollars. If she didn't like her admin assistant, she should have used established personnel procedures to warn her, then fire her, not cry about how long it took to transfer her away. Why should she have a taxpayer-paid car, taxpayer-paid gas and maintenance, to drive back and forth to work anyway? And most especially, why should she go on state time, in a taxpayer paid vehicle using taxpayer paid gasoline, to LOBBY the state legislature for funding? Outrageous.
Even more outrageous is her lawsuit targeting Colonel Gillard, one of the best, most stand-up professionals there, and a true man of God. Shame of her. I just hope the attorneys defend against this and don't just roll over and hand her even more tens of thousands of tax-payer dollars.

Anonymous said...

All eyes on Gov. Bryant, let's see if he is going to step up to the plate. This should be a no brainer to settle. If not I guess Mississippi will make national news once again.

Anonymous said...

@9:17 spoken like a true DPS good ole boy, guess you had to wait until your shift ended to post your comment

Anonymous said...

Hi 9:27, I am female, not from the South, and it would be pretty funny if anyone called me a DPS good ole boy to my face. .=

But you were right about one thing, I do only post on my own time, lunch and after hours, not on employer or government time.

Thanks for the laugh though!!!

Anonymous said...

@12:14, evidently you do not know Chris Gillard that well. What is the saying? Absolute power corrupts absolutely. Well female, I am not from the south, Chris Gillard is just as corrupt as the entire 5th floor!

Anonymous said...

10:40, Corn's lawsuit actually wasn't a joke. Barnes promoted an unqualified dipshit to be the deputy director of homeland security because he covered up the laundry list of illegal and improper bullshit that Barnes did. Apart from the statements Barnes made to Corn which resulted in a sex discrimination case, Corn met the qualifications for the job, Beard didn't - not by a long shot. After Barnes got caught, and was sued, he rigged the interview process to keep Beard in place. Those are the facts.

Anonymous said...

11:12 -- good, maybe MHP needs to be history.

Anonymous said...

Very well said @5:23. He's carrying on the Donnell Berry tradition! He discriminates the same way Berry did. Takes care of his friends, no matter what kind of predicament or trouble they've been in. From what I've been told by several MHP employees, Gillard has a personal agenda and there are only a couple, if any whites involved in it. Corruption at its finest! He had a chance to right the wrongs that Berry did, but instead, he has steadily added to it. Wake up, Governor Bryant! This is solely on you now.

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