Three high-ranking Oklahoma State Department of Health officials have been fired after ethics complaints were lodged by a Pawhuska-based emergency ambulance service, according to records and the former employees.

The firings came after owners of Central Med EMS, which later became Pulse EMS, alleged that an inspector had a conflict of interest, plans of correction for deficiencies were rejected and officials promoted a competing service.

Fired were Shawn Rogers, director of the Emergency Medical Services division of the state Health Department; Elizabeth Sullivan, an administrator in the department's EMS division; and Health Department staff attorney Charles Broadway.

Rogers and Broadway were at-will employees, while Sullivan can appeal her dismissal to the state's Merit Protection Commission.

Sullivan's termination letter says that she used a state-issued car for an unapproved use, had an inappropriate use of holiday leave, failed to accurately report annual leave and failed to devote full-time attention and effort to duties.

The employees say another attorney was placed on leave as a disciplinary action. Health Department spokeswoman Pam Williams said officials would not comment.

State Ethics Commission Executive Director Marilyn Hughes said the agency cannot "confirm or deny" complaints being filed or investigations launched.

Annual salaries for the former employees were $65,205 for Broadway, $60,996 for Rogers and $38,120 for Sullivan.

'After
us hard'
From July 2006 to February 2008, substantiated complaints against Central Med included failure to provide appropriate care, inadequate vehicle maintenance with air conditioning failure in the patient compartment, failure to respond to a request for emergency service and 20 instances of failing to contact the closest ambulance to a request for emergency service, according to a Feb. 5, 2008, letter from Deputy Commissioner Henry Hartsell.

Joe Weaver, who co-owns Central Med with his wife, Jennifer, said the company made errors, such as missing a workers compensation payment, but fixed them when they were discovered.

"We made a couple of minor mistakes," Weaver said. "The Health Department went after us hard for three years. We were always told you can't fight an agency."

Weaver said officials publicly and privately recommended other ambulance services to city councilors, managers and mayors. The company used to have five contracts with local entities and now has one, he said.

Weaver said the officials were rude and made demands such as placing specific people on the company's board.

An April administrative hearing is scheduled for an EMS license revocation, but Weaver said he is confident an agreement will be reached before then.

'Timing is odd'
Rogers was hired in November 1996 and was promoted to state EMS director in 2001. He was fired Feb. 12, records show.

"They owe me an explanation," Rogers said. "I had no negative feedback from the department whatsoever in my entire career. They just came in and said my services were no longer needed."

The Weavers filed complaints with the state Ethics Commission on Aug. 5, according to a letter from the commission to Rogers, and with the Health Department's office of accountability.

The investigations are ongoing and settlement negotiations are pending, Joe Weaver said.

The Weavers allege that Sullivan has a daughter and brother-in-law working for the Owasso-based Mercy Regional of Oklahoma EMS and she increased the number of deficiencies their service received after she took over inspections, records show.

Rogers said no favoritism was shown to a company.

"Most of the complaints were not regulatory issues, such as bounced paychecks and unpaid bills," Rogers said in a letter to the Ethics Commission.

"The department verified complaints of regulatory noncompliance including failure to contact the closest ambulance to an emergency call, failure to maintain workers compensation insurance and failure to respond to a statement of deficiency with a sufficient plan of correction within the time frame allowed in the rule."

Rogers said he knew Sullivan had relatives working at another company but disagrees with calling EMS companies "competitors."

"Oklahoma EMS agencies are licensed to serve specific service areas, based on the endorsement of local government," he said in the letter. "The competition is for markets, not patients."

Copies of Rogers' 2007 employee evaluation, which he said was the last feedback he received on his work performance, shows he received comments on "his very professional demeanor," for being "an excellent team leader" and his "great personal initiative." Evaluations going back to 2005 show similar positive remarks.

"The Health Department is abdicating their responsibility to protect people from a bad operator," Rogers said.

Broadway was hired in August 2001 and fired on Feb. 26, records show. He said the action occurred at the same time a settlement is being worked out with the Weavers.

"I don't want to speculate as to the reason why my employment was terminated," Broadway said. "All I can point to is the timing is odd."

Broadway said he was assigned to represent the department in disciplinary actions against Central Med and Pulse. He said he would not change his position regarding sanctions against the ambulance service.

In deposition transcripts, the couple said they kept an ownership interest in the ambulance company after it was to be sold to Pulse, which was against an agreement made with the couple earlier, Broadway said.

He also said strong evidence indicates improper signatures were used on the Pulse EMS application.

"The case against Mr. Weaver and Pulse was pretty clear," Broadway said. "On its face is an application that has fraudulent information."

Sullivan is appealing her termination to the state's Merit Protection Commission. She was hired in April 2007 and fired March 1.

In her letter of termination, the state alleges she went to Million Dollar Elm Casino for about 2 1/2 hours while on the job Dec. 3, 2009, and appeared as a defendant in Rogers County District Court on a personal matter on Dec. 3, 2008. Both days she allegedly claimed to be working.

The state claims she falsely indicated being on jury duty for four days in October, but her service ended after two days. She also claimed holiday pay when it was exhausted, records show.

Sullivan said her stop at the casino was for a follow-up on a complaint filed, and her supervisor gave approval for her to go to the courthouse on personal business between her stops during work travel.

"I was also at the Quapaw casino for an EMS directors' meeting and at the Cherokee casino for a Native American EMS conference," Sullivan said. "All of those were business-related."

Sullivan said she has an e-mail from the district judge thanking her for her week of jury duty. She said her inspections were fair.

"I adamantly deny there is a conflict of interest," she said. "I cited Mercy EMS for more rule violations than Pulse or Central Med."

Sullivan said she has received two governor's commendations and a commission award for EMS work.

"It's my opinion that the Health Department felt they were in a vulnerable position and opted to take the easy way out," Sullivan said. "The allegations I was presented with are typically things that would receive a verbal reprimand or counsel by a supervisor. I've never been counseled or disciplined. I'm angry, and I feel like my credibility has been smudged."

Ginnie Graham 581-8376
ginnie.graham@tulsaworld.com