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Wheeling Finds Just Cause for Employee Firing

A heavy equipment operator recently fired after working 36 years for the city of Wheeling said he plans to sue the city to get his job back because he felt his position was unheard during an employee grievance hearing.

“I’m not going to go on if I’m not allowed to say anything,” said Donnie Spielvogel, referring to how often he was interrupted during his testimony because he didn’t follow procedure. “I’ll wait (until) it gets to circuit court.”

Spielvogel represented himself during a public hearing before Wheeling Municipal Civil Service commissioners that began Oct. 12 and resumed Tuesday. City Solicitor Rosemary Humway-Warmuth represented the city.

The commission plans to make its decision on Spielvogel’s firing during an executive session that has yet to be set, although officials noted it will be within the next two weeks. That session will be held immediately before a public hearing during which the commission will announce the decision.

The city recently fired Spielvogel after he met with City Manager Robert Herron to discuss Spielvogel’s random drug test that allegedly turned up positive for cocaine. During that meeting, Herron reportedly offered to get him help for illegal drug use, but Spielvogel maintained that he hasn’t done drugs, and doesn’t know how the cocaine got into the test results.

“I don’t know how it showed positive,” he testified Tuesday. “I don’t do drugs, I don’t smoke, I haven’t had a beer in 20 years. … I just work,” he said, noting it’s the first test to come up positive for illegal drugs among the 50 or so that he’s taken over the years.

He outlined three possibilities for how the positive result could have happened, and provided exhibit documents that were admitted as evidence.

First, he said his drink cooler is always located in the same place on his work site, and a drink container could have been spiked by someone trying to get him fired. He also challenged the validity of the test results and testing procedures. For example, he said the test could be a false-positive because his legally prescribed medications did not show up on the results.

Spielvogel said the medical assistant, David Wiethe, didn’t take him into an official testing room, nor did he take Spielvogel’s identification as he was supposed to. In addition, his Social Security number was entered incorrectly by someone on his testing paperwork, he said, but noted had he not signed the paperwork he would have been considered noncompliant for the test.

Amanda Carp, a manager from Corporate Health, testified her company’s test results don’t reveal prescribed medications to employers, but would show to them levels of illegal drugs. Spielvogel cross-examined witnesses Tuesday.

Although the city had advised Spielvogel to get an attorney, he represented himself during the hearing, and was unfamiliar with hearing procedures. Humway-Warmuth objected to his statements, or declared them irrelevant, numerous times.

For example, as Spielvogel tried to explain concerns he had with the testing form information and testing procedure, Humway-Warmuth said, “I object … the city has no idea what you are rambling about,” noting that he had a date incorrect in his testimony. “The city cannot appropriately cross-examine the witness if we have no idea what he is referencing on this document.”

Both the city and Spielvogel gave closing statements Tuesday.

The city had “just cause” in firing Spielvogel, Humway-Warmuth said, noting the city has a zero-tolerance policy regarding illegal drugs.

Spielvogel was unsatisfied with the hearing.

“They asked me to prove something that I can’t prove,” he said, alleging that one witness whose testimony he needed lied.

Spielvogel confirmed with Humway-Warmuth that he can appeal the commission’s decision after it is announced.

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