Fired officer sues Virginia Marine Resources Commission, claiming retaliation for exposing surveillance – The Virginian-Pilot

Report on Whistleblower Retaliation Lawsuit within Virginia Marine Resources Commission

Introduction

In April 2024, David Townsend, a former officer of the Virginia Marine Resources Commission (VMRC) Police, filed a lawsuit against three senior leaders of the agency alleging retaliation after reporting internal surveillance activities. This case highlights critical issues related to transparency, accountability, and protection of whistleblowers within public institutions, aligning with several Sustainable Development Goals (SDGs), including SDG 16 (Peace, Justice and Strong Institutions) and SDG 8 (Decent Work and Economic Growth).

Background of the Case

1. Parties Involved: David Townsend, former VMRC police officer; defendants include Commissioner Jamie L. Green, Chief of Law Enforcement Col. Matthew Rogers, and Human Resources Director Rebecca Herrington.
2. Employment Details: Townsend served seven years in the Virginia Marine Police, based in the Middle Peninsula District Office in Gloucester; defendants operate from the agency headquarters at Fort Monroe.
3. Allegations: Townsend claims the defendants orchestrated his termination as retaliation for exposing unauthorized surveillance on fellow officers.

Incidents of Surveillance Reported

Incident One: Monitoring of Capt. Robert Griffin

• On February 6, 2024, suspicion arose when Capt. Robert Griffin took a sick day; Lt. Col. Herbert Bell suspected Griffin was attending a legislative session in Richmond.
• Bell allegedly ordered Capt. Chris Miller to monitor the General Assembly’s live video stream to verify Griffin’s presence.
• Although Miller did not observe Griffin, First Sgt. Henry Reichle testified that Miller was instructed to watch the feed specifically to locate Griffin.
• Townsend was informed of this surveillance and reported it to Griffin, who subsequently filed a grievance in March 2024.

Incident Two: Unauthorized Camera Installation

• In March 2024, Townsend filed a complaint regarding a secret camera installed by Capt. Miller in the Middle District Office, where ten officers work.
• Multiple officers testified that their conversations appeared to be monitored, creating a climate of mistrust and fear within the office.
• Investigation revealed a camera behind Miller’s desk, which Miller claimed was used to identify pranksters and was monitored via a cellphone app.
• The lawsuit asserts that this secret surveillance violated state law and was not properly investigated by external law enforcement.

Agency Response and Internal Investigation

• Human Resources Director Herrington concluded no improper surveillance occurred, stating the General Assembly feed is public and that the situation was based on rumors.
• Despite this, Townsend’s lawsuit challenges the accuracy of Herrington’s report and the agency’s failure to address the unauthorized camera issue adequately.
• Chief Rogers reportedly instructed Miller to remove the camera and apologize, without involving external authorities.

Termination and Legal Claims

• Townsend was terminated in April 2024, officially for insubordination and making disparaging remarks about a command-level officer.
• The lawsuit argues Townsend was engaged in protected whistleblowing activities under Virginia law and as a member of the Southern States Police Benevolent Association (SSPBA).
• Townsend seeks reinstatement, back pay, benefits, and damages exceeding $200,000 from each defendant.

Legal and Institutional Implications

1. Whistleblower Protection: The case underscores the importance of safeguarding employees who report misconduct, supporting SDG 16 targets on promoting just, peaceful, and inclusive societies.
2. Accountability and Transparency: Proper investigation and accountability mechanisms are essential to uphold trust in public institutions, aligning with SDG 16.
3. Workplace Rights and Safety: Ensuring a safe and respectful work environment free from surveillance abuse relates to SDG 8 on decent work conditions.

Stakeholder Responses

• The SSPBA publicly supports Townsend, emphasizing the need for justice and protection for officers who expose corruption.
• Legal representatives for the defendants have filed motions to dismiss the case, citing multiple reasons for termination unrelated to whistleblowing.
• The VMRC has declined to comment on the ongoing litigation.

Conclusion

This lawsuit brings to light critical challenges in protecting whistleblowers and maintaining ethical standards within law enforcement agencies. It highlights the necessity for robust policies and practices that align with the Sustainable Development Goals, particularly SDG 16 and SDG 8, to foster strong institutions and promote fair labor practices. The outcome of this case may set important precedents for future governance and employee rights within public sector organizations.

1. Sustainable Development Goals (SDGs) Addressed or Connected

1. SDG 16: Peace, Justice and Strong Institutions
   • The article discusses issues related to justice, accountability, and institutional integrity within a law enforcement agency.
   • Concerns about retaliation against whistleblowers and internal surveillance highlight challenges in promoting transparent and accountable institutions.
2. SDG 5: Gender Equality
   • While not explicitly about gender equality, the article mentions female officers feeling unsafe and monitored, which can relate to creating safe and inclusive workplaces.
3. SDG 8: Decent Work and Economic Growth
   • The article touches on workplace rights, whistleblower protections, and fair treatment of employees, which are relevant to promoting safe and secure working environments.

2. Specific Targets Under Identified SDGs

1. SDG 16: Peace, Justice and Strong Institutions
   • Target 16.6: Develop effective, accountable and transparent institutions at all levels.
   • Target 16.10: Ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements.
   • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.
2. SDG 5: Gender Equality
   • Target 5.5: Ensure women’s full and effective participation and equal opportunities for leadership at all levels of decision-making in political, economic and public life.
   • Target 5.1: End all forms of discrimination against all women and girls everywhere (implied through workplace safety concerns).
3. SDG 8: Decent Work and Economic Growth
   • Target 8.8: Protect labor rights and promote safe and secure working environments for all workers, including migrant workers, particularly women migrants, and those in precarious employment.

3. Indicators Mentioned or Implied to Measure Progress

1. For SDG 16 Targets:
   • Indicator 16.6.1: Primary government expenditures as a proportion of original approved budget, by sector (or by budget codes or similar) – implied through accountability and transparency in agency actions.
   • Indicator 16.10.1: Number of verified cases of killing, kidnapping, enforced disappearance, arbitrary detention and torture of journalists, associated media personnel, trade unionists and human rights advocates in the previous 12 months – implied through protection of whistleblowers and reporters of misconduct.
   • Indicator 16.3.1: Proportion of victims of violence in the previous 12 months who reported their victimization to competent authorities or other officially recognized conflict resolution mechanisms – implied through grievance filings and reporting misconduct.
2. For SDG 5 Targets:
   • Indicator 5.5.2: Proportion of women in managerial positions – implied through mention of female officers and workplace environment.
   • Indicator 5.1.1: Whether or not legal frameworks are in place to promote, enforce and monitor equality and non-discrimination on the basis of sex – implied through workplace protections and whistleblower laws.
3. For SDG 8 Targets:
   • Indicator 8.8.2: Level of national compliance with labor rights (freedom of association and collective bargaining) based on International Labour Organization (ILO) textual sources and national legislation, by sex and migrant status – implied through the protection of union members and whistleblowers.
   • Indicator 8.8.1: Frequency rates of fatal and non-fatal occupational injuries, by sex and migrant status – implied through concerns about workplace safety and retaliation.

4. Table of SDGs, Targets and Indicators

Source: pilotonline.com