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Ahmed v. Department of Social and Health Services8/18/2000
ion. Initially, Ahmed was cordial but became more agitated and angry as the process went on. He tried to intimidate Lamb, saying that 'he made a bad enemy and that he will have to get {Lamb} one way or the other.' At one point, he got up and started yelling at Nurse Richardson. He made 'very derogatory' and 'nasty' comments to Dr. Ruvalcaba and told him he was an incompetent supervisor. Lamb said, 'Through the whole process he just was very aggressive, very intimidating, very verbal{ly} abusive.'
V. Conclusions of Law
Ahmed also questions the Board's conclusions that the following conduct constituted neglect of duty, inefficiency, gross misconduct, and willful violation of published employing agency rules and regulations: (1) his failure to model appropriate behavior to individuals working and living at Rainier School; (2) his inappropriate response and interaction with Nurse Sailsbery; and (3) his failure to treat Nurse Richardson professionally and with courtesy and respect. He also argues that his treatment of Reasoner did not amount to neglect of duty, inefficiency, and willful violation of the rules and regulations. The Board concluded that his conduct towards Reasoner did not constitute gross misconduct.
A. Neglect of Duty
According to the Board, '{n}eglect of duty is established when it is shown that an employee has a duty to his or her employer and that he or she failed to act in a manner consistent with that duty.' Rainier School Basic Policy 315.4.1 provides: 'Staff shall promote and respect the rights and dignity of the people who live at Rainier School. The highest standards of behavior are expected from staff toward other individuals.' Policy 315.4.3 provides: 'Through acts and deeds, staff will model respect to the people who live here and to each other.' In addition, Ahmed agreed that he had a duty to provide effective medical services in an appropriate and caring manner, to be professional, courteous, and respectful towards co-workers, and treat all patients with dignity at all times.
Here, Ahmed had a duty to model respect toward residents and staff. He neglected this duty when he (1) humiliated Nurse Long in front of a patient; (2) 'yelled' and spoke 'demeaningly' to Nurse Salisbury; (3) failed to respect Nurse Richardson's request for the Sudafed prescription; and (4) yelled at Reasoner or spoke in a very loud voice, displaying frustration.
B. Inefficiency
Ahmed's conduct also supports the Board's conclusion regarding inefficiency. Under the Board's precedents, '{i}nefficiency is the utilization of time and resources in an unproductive manner, the ineffective use of time and resources, the wasteful use of time, energy, or materials, or the lack of effective operations as measured by a comparison of production with use of resources, using some objective criteria.'
Failing to assist Nurse Long in preparing the patient and the examination room, walking out of the room, and rescheduling a second examination was an ineffective and unproductive use of time and resources. Ahmed's reaction to Nurse Sailsbery delayed the transfer and hospitalization of a patient who was bleeding from the site of his feeding tube. Ahmed's failure to approve Nurse Richardson's request for Sudafed delayed a necessary prescription for a self-abusive patient. Finally, Ahmed's third telephone conversation with Reasoner was an unproductive use of time and resources. Reasoner had notified Ahmed in writing about a patient's appointment.
Thus, when Ahmed called her, she thought he wanted the results of the appointment and she referred him to Harborview. When Ahmed called Harborview and learned the patient was alrea
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