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OnTrack executive under fire for alleged bad behavior OnTrack Executive Director Rita Sullivan has been accused in a tort claim of berating employees, though professionals who work with her say they've never seen such behavior. Mail Tribune / Jamie Lusch Monday Jan 16, 2017 at 2:00 AM Jan 16, 2017 at 8:21 AM Damian Mann Mail Tribune @reporterdm A tort claim has been filed by current and former employees of OnTrack that alleges Executive Director Rita Sullivan maintains a "hostile work environment" that includes cursing and kicking things, deepening troubles at Southern Oregon's largest provider of drug addiction treatment services. The Sept. 8, 2016, notice alleges Sullivan kicks or slams her hand against things close to employees while yelling and cursing at them and berates employees in public and private, though colleagues of Sullivan told the Mail Tribune they've never seen her exhibit such behavior. Two months after the tort claim, Sullivan was placed on paid leave, where she remains. OnTrack board President Jim Maize sent a letter to staff on Nov. 26 saying investigators had been looking into allegations that "management have inappropriately interacted with some OnTrack staff." "As you know, OnTrack has strict anti-harassment and anti-bullying policies" that are spelled out in the employee handbook, Maize wrote. "... We are committed to maintaining a work environment free of inappropriate or disrespectful behavior or conduct." When asked to address claims in the tort notice, Maize, in an email response Friday, said, "Because litigation is pending concerning the Tort Claim Notice, it is inappropriate to comment." Multiple calls to attorneys from both sides were not returned over several days, nor was a call to Sullivan. The tort notice, which is an intent to sue, lists OnTrack Inc., Sullivan and the OnTrack board as defendants. It was filed by Amy Jacobs, Chad Cain, Cynthia Stevens and Debra Neville and sent to OnTrack by Portland attorney Clayton Joseph Lance and Medford attorney Tracey Howell. "Past and present history indicated upper management has created and maintained a clear and unequivocal 'hostile work environment' which retaliates against the employees and staff for merely attempting to perform their ethical and professional duties under the federal and state laws of this country and state,” the tort claim alleges. OnTrack didn’t respond to an email from the Mail Tribune sent to multiple board members in mid-December asking for more information on recent investigations at OnTrack, including a state Attorney General's Office review and events that led to Sullivan's leave. The tort claim was provided anonymously to the Mail Tribune but verified by Maize and others. Professionals who have worked with Sullivan paint an entirely different picture of her personality than the allegations in the tort claim. Counselor Michael Gorton described the tort claim as the negative comments of very few out of 160 employees at OnTrack. "I have worked with Rita for 30 plus years and she is an amazing leader who is professional and has always been kind to me and all I have seen her interact with," Gorton said in an email to the Mail Tribune Saturday. Jackson County Circuit Judge Patricia Crain, who had been the treatment courts judge for 10 years and worked closely with OnTrack, said the allegations in the tort claim are unsubstantiated and conflict with her experience with Sullivan over the past 40 years. “There is nothing in the tort claim that was ever corroborated by anyone,” Crain said. In her personal dealings with Sullivan, Crain said she has “never” seen kicking, yelling or other behaviors alleged in the claim. Crain and Sullivan have been friends for years. Both have children of about the same age and were previously married. They have traveled extensively together to help secure federal grants for treatment courts, but they are "not romantically involved," Crain said, addressing ongoing rumors that she and Sullivan are in a relationship. Jackson County Circuit Judge Kelly Ravassipour said she has worked with Sullivan since the first adult drug court was established in Jackson County in 2006 and has never seen the type of behavior described in the tort claim. “Her commitment to Southern Oregon and those in our recovery community is both inspiring and humbling,” she said in a text. Ravassipour said Sullivan has received many awards over the years for her service. In 2011, Sullivan was one of four recipients of the 27th Annual Women of Achievement Awards, sponsored by the Oregon Commission for Women Achievement. The award was given by former Gov. John Kitzhaber and then Secretary of State Kate Brown. Jackson County Circuit Judge Tim Gerking has been practicing law in the valley since 1979 and has only known Sullivan in a professional capacity. "To the extent I have had contact with her, she has always been professional," Gerking said. OnTrack, he said, provides a tremendous service to the community and to the drug court progams. Clients and those who have worked at OnTrack give glowing accounts of Sullivan and counselor Gorton on the organization’s Facebook page. “OnTrack, Rita and Mike no doubt saved my life,” Dustin Furtado wrote on Facebook. "So grateful for everything they do for suffering addicts. Words cannot fully express the gratitude I have.” The tort claim alleges more than bad behavior by Sullivan. It claims that OnTrack, which has grown to 160 employees with multiple programs and government contracts, does not have properly trained and qualified staff to manage such an organization and its projects, and this has placed upper management under substantial pressure. The tort claim alleges that Sullivan makes "unethical and unreasonable demands" of employees with the threat of termination if the demands are not met. They allege Sullivan forced overtime hours but failed to pay for them; forced employees to "fraudulently modify overtime hours" by withholding payment until they submitted modified time cards; required employees to "maintain an unnatural state of vigilance and cleanliness" on days tours were to arrive; and encouraged senior employees to take Christmas gifts donated to children of OnTrack clients.  The employees also alleged safety concerns were not addressed at OnTrack facilities, including raw sewage under an outdoor children’s play area, leaks, broken heating, unsecured railings and an infestation of bed bugs. The tort claim did not include any documentation substantiating the employees' allegations. The filing parties asserted "whistleblower status" in the tort claim notice and said they had disclosed to upper management what they believed was evidence of violations of federal and/or state laws, "misuse of public resources or funds," "abuse of authority" regarding public contracts "and/or public endangerment resulting from upper management." The employees said the board's failure to investigate and mitigate alleged harmful actions is "especially egregious in light of the multitude of complaints and lawsuits that have already been levied against OnTrack." This is not the first whistleblower claim against Sullivan and OnTrack. A whistleblower lawsuit was filed in 2015 by a former OnTrack employee who said she brought alleged sexual misconduct to the attention of her superiors. According to attorney Andrew Lewinter, representing former OnTrack employee Chavala Bates, the case has been resolved, but Lewinter said he wouldn’t provide any details about the resolution. The sexual misconduct allegedly involved OnTrack counselor Jeremy Braun, who was sued by a client who claimed he pressured her into having sex in his office. The suit was settled in 2016. In Sullivan's July 14, 2015, deposition, she stated she didn't think Braun sexually abused clients, based on information she received from police reports. Klamath County Judge Dan Bunch determined that Sullivan was not an "aider and abettor" in the acts alleged to have been committed by Braun. Sullivan also has received complaints by employees before. In 1986, six former counselors claimed their boss harassed them until they were fired or forced to resign. They said high caseloads hurt the quality of treatment. The Jackson County District Attorney's Office received the state attorney general's confidential report on the claims but declined to take any action. Reach reporter Damian Mann at 541-776-4476 or [email protected]. Follow him on www.twitter.com/reporterd