Guam – (April 22) -The Federal receiver has issued a response to what it calls the “inaccurate information being spread by the Office of the Governor”.
The response posted on the Receiver’s “Setting the Record Straight” website echos what GBB’s Principal Associate David Manning told PNC News in a report we filed on April 10. You can view that report below.
Uploaded by pncnews on 2014-04-10.
READ the release from the Federal Receiver below:
Federal Receiver Gershman, Brickner & Bratton, Inc. (GBB) today provided an update to the Setting the Record Straight section recently added to the Receiver’s Website.
This information provides Guam with accurate information as a response to inaccurate information being spread by the Office of the Governor and other sources who appear to be working to undermine the Receivership. In this press release, and on the Receiver’s website, information that is underlined is linked to the documentation that backs up our statements.
Because the truth matters and the people of Guam deserve the truth, the Receiver provides the following statement:
Statement of the Receiver
The Office of the Governor, through Mr. Arthur Clark, has recently begun attacking individual Receiver personnel. Mr. Clark has done this personally and through surrogates. Mr. Clark has peddled false information and distortions to virtually every media outlet on Guam. We know this because Mr. Clark has appeared or been quoted in the press as having made these types of statements, and because most media outlets try to be fair by contacting us and inviting us to tell our side of the story. When we tell them the truth, most media outlets have acted in a responsible manner by not publishing or broadcasting these false charges or by providing our truthful version of the events. Unfortunately, one media outlet, without even contacting us for comment, has broadcast this false information. Given the ownership of this media outlet, its actions, while disappointing, are perhaps not surprising.
Specifically, Mr. Clark has spread a false story about Chace Anderson, the Operations Manager for the Receiver on Guam, suggesting Mr. Anderson was responsible for a fire in Nashville. Mr. Clark should know this is not true. Mr. Anderson was the Director of Solid Waste in Nashville, working for the Metropolitan Government of Nashville and Davidson County. At that time Nashville used a waste to energy plant to dispose of trash. The plant was operated by a third party. Even a casual reading of the record concerning this fire shows that Mr. Clark is repeating unfounded charges made by the insurance company for the waste to energy plant. The insurance company was attempting to avoid liability for the negligence of the plant manager, not Chace Anderson. Mr. Anderson’s employer, the Metropolitan Government of Nashville and Davidson County, sued the plant’s operator for their negligence. The facts of the case clearly show that the plant operator allowed a hauler to bring in loads of sawdust after hours and dump it at the plant with no supervision. Sawdust is extremely flammable and a spark from the truck ignited the sawdust causing the fire. The lawsuit against the operator of the plant was decided by a Nashville jury, which found the fire was caused by the negligence of the plant operator, not the City of Nashville or Chace Anderson. The jury awarded Nashville $7.2 million and the Tennessee Court of Appeals upheld the verdict.
Mr. Clark and his surrogates also suggest that Chace Anderson left Nashville as a result of the fire. In fact, Mr. Anderson remained in Nashville for several more years, only leaving when he moved to the West Coast to take care of his aging parents. Mr. Anderson had a very successful tenure in Nashville, revamping the solid waste system from top to bottom and implementing a very effective curbside recycling program. Like so much of what Mr. Clark is spreading around Guam these days, there is no truth to his twisted version of these events.
Mr. Clark is also twisting the facts to try to blame Mr. Anderson for an age discrimination claim filed against the Metropolitan Government of Nashville and Davidson County. Many large governments and private businesses have similar claims filed against them. The employee who filed this claim was terminated for a variety of reasons that were upheld by the Civil Service Commission and the Courts of Tennessee. The federal judge who heard the age discrimination claim dismissed it, but a federal appellate court found that the district court erred in dismissing the claim. The employee’s problems began before Mr. Anderson came to Nashville and he was only one of several supervisors and fellow employees who reported problems with the employee involved in this matter. Blaming this situation on Mr. Anderson grossly distorts the record – as an experienced attorney like Mr. Clark surely knows.
Mr. Clark and his surrogates are also attempting to use another disgruntled employee to attack the Receiver. Mr. Clark’s surrogate, former Senator Jess Lujan, announced on his broadcast on April 16, 2014, his intent to spread baseless and unfounded complaints from Mr. Tony Carbullido against the Receiver. To protect the privacy of our employees we do not discuss the details of job performance or the reasons we made the decision to terminate this contract employee. However, we will respond to the baseless charges from this former employee.
No bodyguards have been hired for anyone. Receiver personnel have been subjected to threats and GSWA equipment has been vandalized in the past, prompting us to consult with the U.S. Marshals about how best to address this problem. In 2010, upon the recommendation of the Marshals, we brought in private security. Since that time, we have seen a significant drop in harassment of Receiver personnel and vandalism, but we remain vigilant and work with our security contractor (Pacific Island Security Agency), and the U.S. Marshals, to address any new problems that may occur. The security we provide is for all of GSWA’s and the Receiver’s workers and to protect Guam’s investment in the equipment used to meet the needs of GSWA’s customers. There are no personal bodyguards.
No worker is forced to work more than 40 hours per week. Any employee who does work more than 40 hours in a week is compensated in compliance with Guam and federal laws and regulations.
Chace Anderson has worked hard and is principally responsible for the improvements Guam has experienced in the collection and management of residential trash services and has also been instrumental in the dramatic improvements that occurred at the Ordot Dump while it was still operating. He led the effort to bring the residential curbside recycling program to Guam. He has also been extremely effective working with the new landfill and the Hauler-only Transfer Station as these critical new facilities became operational. The positive results in these areas speak for themselves and of Chace Anderson’s leadership of a dedicated group of hardworking employees.
Finally, Mr. Clark is spreading false rumors about David Manning. Mr. Manning worked for a large Healthcare Company, Hospital Corporation of America (HCA), from January 1995 through December 1997. Manning was hired by HCA to help the company improve services to the poor and uninsured and to assist in working with the federal government to properly address the issues that prompted a federal investigation of the company’s billing practices. These billing issues, which were the subject of the investigation, went back to the late 1980’s. Mr. Clark is spreading rumors that Mr. Manning was actually being investigated when, in fact, he was a public official for the State of Tennessee from 1987 to 1995 and had worked in Tennessee Government for several years prior to 1987 with absolutely no connection to HCA. Mr. Clark, through one of his surrogates, former Senator Jess Lujan, has made numerous baseless accusations using the false information Mr. Clark has been peddling around Guam. To be clear, Mr. Manning left HCA in good standing, was never the subject of any investigation, subsequently worked as a private consultant and a Receiver for the State of Tennessee managing another healthcare company, before being appointed by the Mayor of Nashville as Finance Director for the Metropolitan Government of Nashville and Davidson County. He served two terms as Finance Director, being confirmed to the position twice by the Metropolitan Council.
It remains our hope that the Office of the Governor will stop these unfounded and unfair attacks on the Receiver and work with us to address the remaining issues to assure compliance with the Consent Decree.
About Gershman, Brickner & Bratton, Inc., Receiver
In a Court Order dated March 17, 2008, U.S. District Court Judge Frances M. Tydingco-Gatewood appointed GBB to be Receiver with full responsibility for bringing the Guam Solid Waste Management Division into compliance with the 2004 Consent Decree for violation of the Clean Water Act. As Receiver, GBB’s objective is to work with Guam’s government, the Guam Solid Waste Authority, solid waste companies, the people of Guam, and the U.S. military to establish a long-term, financially viable and sustainable waste management system for Guam. For more information on the receivership, visit www.guamsolidwastereceiver.org.
GBB is a national solid waste management consulting firm, headquartered in the Washington, D.C. area, which works on solid waste collection, processing, recycling, and disposal issues, and assists in planning, procuring, and implementing sound, cost-effective facilities and services at the local, state, and national levels for both the public and private sectors. Since 1980, GBB has planned and developed a wide range of integrated waste management programs that use the latest technologies to improve efficiency, save money, enhance customer service, and protect the environment. For more information on the firm and its products and services, please visit www.gbbinc.com or call 1-800-573-5801.