ST. CROIX — The Public Employees Relations Board has petitioned the Superior Court of the Virgin Islands for enforcement of its orders against the Governor Juan F. Luis Hospital and Medical Center to include the rehiring of Denis Lynch II following his suspension and termination after the board determined the hospital failed to meet its burden of proof that it provided due process and that it had good cause to suspend him without pay and subsequently terminate him, according to court documents.
In its petition filed Tuesday in the Superior Court, Division of St. Croix, the Public Employees Relations Board provided details about its decision and order issued on April 19 relating to Lynch’s initial suspension. The PERB directed the hospital to do four things — return Lynch to duty within 30 days pending a decision by the board on his termination, pay full compensation from the date of his suspension on January 31 until the date of his termination on February 13, respond to Lynch’s attorney’s affidavit for attorney’s fees, and report to the PERB within 15 days all efforts to comply with the order.
The PERB, in a May 2 order regarding Lynch’s termination, reversed the hospital’s decision to terminate Lynch from his position as director of facilities, which he held since being hired as a non-union, classified employee on May 4, 2020. The board ordered the hospital to return Lynch to duty within 30 days of the order, pay him full compensation from the effective date of termination to the date of reinstatement, pay reasonable attorney’s fees to be determined by the PERB, and report to the board and Lynch within 15 days all efforts to comply with the order.
Lynch’s direct supervisor was Angeline Ravariere, the hospital’s chief operating officer who later resigned, according to court documents. Hazel Philbert, who was director of quality, was promoted to the position of COO and subsequently became Lynch’s supervisor. Philbert has since become the hospital’s interim chief executive officer following the June 6 resignation of former CEO Douglas Koch. Lynch contended that Philbert blamed him for Ravariere’s resignation. He further contended that he reported behavior to the hospital’s Human Resources division that might have affected Ravariere’s decision to resign.
A meeting was held on January 31 that included participation by Lynch, Philbert, and Patricia Canegata, the hospital’s chief of human resources. The purpose of the meeting was to address concerns regarding insubordination and unsatisfactory performance. Lynch was suspended without pay the same day, pending investigation. He subsequently received a letter terminating his employment on February 13 from Koch that was dated February 9. The termination letter cited four bases for Lynch’s termination — failure to proactively communicate with his supervisor, lack of urgency to address pertinent items related to the maintenance of the facility, lack of focus on preventative maintenance of critical hospital systems, and selective authorization of excessive overtime for facilities management and employees without seeking approval from the COO.
Lynch submitted his appeal of both the suspension and termination to the PERB, stating that he was wrongfully suspended and terminated, and his rights were violated. He maintained, among other things, that JFL failed to conduct the annual performance evaluations during his tenure, in violation of its own written policies and procedures.
During a four-day PERB hearing on his termination that began March 21 and concluded April 19, Lynch argued that from the onset he sensed hostility from his supervisor, Philbert, and that they almost immediately exchanged words. He stated that he believed the tone was set when Philbert told him he was “uneducated” and that he was not going to get her fired like he did Ravariere, his previous supervisor. He stated that he believed his supervisor’s failure to conduct the mandatory annual performance evaluation contributed to the lack of communication between them. He stated that he immediately resolved several deficiencies resulting from a walk-through inspection with the Centers for Medicare and Medicaid Services on September 28, 2023 once they were brought to his attention. Lynch had three witnesses testify during his termination hearing, including Alanna Morales, a registered nurse who testified that Lynch was consistently responsive to maintenance issues and concerns.
The hospital also had three witnesses testify during Lynch’s termination hearing. JFL elicited testimony from Lynch that from May 1, 2023 to January 29 the fire pump had not been tested, the dry agent (rather than water) that is used to extinguish fires and to protect equipment had an expired tag and had not been certified since 2022, water and generator issues negatively impacted the dialysis services and other departments, his JFL cellphone was left in a drawer in his office, and that he facilitated the purchase of a water truck for his client, John Peter, as part of his consulting business and exhibits were found on his government-issued laptop.
Philbert testified that Lynch’s termination was based on four issues — hot water issues that required Lynch to provide a corrective action plan that was never submitted, a propane outage on January 5 that impacted operations in the areas of dietary and laundry, a power outage on January 8 that resulted in the nonoperation of dialysis generators for several hours, and the hospital’s sprinkler and dry agent systems. She also testified that Lynch was terminated because CMS requested all fire pump inspection and testing records, but they were not up to date, potentially affecting the hospital’s ability to receive Medicare and Medicaid payments. She testified that facilities issues including a nonoperational generator at the VI Cardiac Center for a considerable time also prompted Lynch’s termination.
On cross examination, Philbert testified that the generator was not operational when Lynch came onboard and there was no certified electrician in house to install an alternator ordered by the vendor for the generator. She confirmed Lynch’s testimony that no annual performance appraisal was ever conducted for him. She testified that CMS notified her of the hot water issue on December 6, 2023, and that she notified Lynch by text. She testified that another individual notified her that the issue had been addressed, suggesting that Lynch should have conveyed that information to her.
The PERB noted in its May 2 order regarding Lynch’s termination that the hospital’s human resources policies and procedures state that an employee subject to discharge for less than satisfactory service shall be given a written statement from the office of the CEO and shall be afforded sufficient opportunity to reply to the charges. Although Lynch was still on suspension when he received his termination letter, the board indicated there was no evidence presented by JFL to show that Lynch was given a written statement of charges from the chief executive and afforded a sufficient opportunity to reply to the charges. Despite the hospital’s policies and procedures, the PERB noted that the letter terminated Lynch without a required due process hearing. The PERB indicated that the hospital’s failure to provide Lynch with a written statement of the charges and an opportunity to respond violated his right to a fair due process hearing.
Following inaction by JFL relating to the PERB’s orders dated April 19 and May 2, the board issued two orders on June 6 imposing sanctions in the amount of $2,000 each. One order was issued for JFL’s failure to return Lynch to work and its failure to report to the PERB regarding efforts to comply with the board’s April 19 order regarding the suspension of Lynch. The second order was issued for the hospital’s continued failure to return Lynch to duty and to submit a report as required by the May 2 order regarding Lynch’s termination.
The PERB issued an order on June 18 regarding fees for Lynch’s attorney, Martial Webster. The board directed JFL to pay Webster’s fees in the amount of $15,365, and to file a written report within 20 days detailing all actions taken to comply with the order.
Although JFL has tendered payment to Lynch as directed by the PERB, the hospital has failed to fully comply with the remaining terms of those orders, according to court documents. Lynch has not been returned to work and JFL has not reported to the board on its efforts to comply on a timely basis. The PERB filed its petition for enforcement with the Superior Court to request that the court enforces its orders against the hospital.
Lynch is a former candidate for the Board of Education on St. Croix. He is also a frequent panelist on WTJX’s programs.
