County supervisor Maddox back at work after Rio violations - News

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Aug. 23, 2009
Copyright © Las Vegas Review-Journal

County supervisor Maddox back at work after Rio violations

Arbitration overturns action after faulty construction checks

By JOAN WHITELY
LAS VEGAS REVIEW-JOURNAL

Harrah's Remodel

ARBITRATION DOCUMENT (as PDF)

Rick Maddox
Inspector was reinstated to Clark County job with $97,281 salary 11 months after being fired

The man who was fired after he botched the county's first investigation into unauthorized remodeling at the Rio hotel is back on the payroll.

With help from his union, Rick Maddox returned to his job as supervising building inspector in January, with back pay and seniority. He even has the same phone extension as he did before he was fired 11 months earlier.

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The county had not revealed Maddox's arbitration or rehiring. After the Review-Journal learned in late June of his reinstatement, it took the county six weeks to fulfill the newspaper's request for copies of documents relating to Maddox's arbitration, which took place in Phoenix in December.

"I have no comment, OK?" Maddox said Friday when reached by phone at his county office.

The arbitrator, Peter Maydanis, determined Maddox could not be held responsible for poor investigative work, since the county had never trained him to investigate "deliberately concealed renovations made without (building) permits," according to a two-page arbitration award document Maydanis signed on Dec. 28, 2008.

At the same time, Maddox "failed to properly devote the time and attention" necessary to ensure the safety of a "place of public accommodation," Maydanis also wrote. "Maddox's sins of omission or commission were serious ones, when one considers them in hindsight."

The county on Thursday released the two pages. It contends related papers are confidential personnel materials, not public records.

Maddox was terminated in February 2008 for the substandard Rio investigation he performed in February 2007.

A check of the global-positioning device in Maddox's county vehicle later showed he spent only 38 minutes at the hotel to investigate allegations from whistle-blower Fred Frazzetta, who had worked on the remodeling project and claimed extensive renovation took place on numerous floors without proper permits or inspections.

Maddox told the Review-Journal in autumn 2007 he checked 37 guest rooms in his brief visit, all selected by Rio personnel. He kept no record of which 37 rooms, and said he found evidence of only minor, cosmetic changes.

When the newspaper documented Frazzetta's claims in print -- after researching the Rio's building plans and permits -- county officials reopened the investigation Maddox had closed. It found extensive changes had bypassed safety inspections and, in many cases, did not meet safety codes.

For example, some of the defective work would have promoted the spread of smoke during a fire.

But, the arbitrator noted, Maddox had an exemplary prior work record; the Rio incident was a first-time offense; and the arbitrator could find no lesser, yet appropriate discipline available under the collective bargaining agreement that governs Maddox.

He and other county supervisors belong to a unit of the Service Employees International Union.

Clark County Commissioner Chis Giunchigliani, who recently read the arbitration award, said she was surprised Maydanis wrote "no questions of honesty or integrity have been raised," given Maddox's failure to document the details of his initial brief investigation.

"Binding arbitration is exactly that. The county had to take him back," Giunchigliani said.

But she wants to look into whether county staff adequately documented the expectations for Maddox's job, and his performance.

"If it's not in writing, it doesn't exist," she said.

Current annual salary for the reinstated Maddox is $97,281, which reflects customary increases he would have received had he not "separated" from the county in February 2008, according to Stacey Welling, a county spokeswoman.

Maddox is not the only one to have escaped with little permanent effect from the discovery of undocumented remodeling on or near the Las Vegas Strip, which began with the Rio, and has since extended to six of its sister properties in Las Vegas. All are owned by Harrah's Entertainment.

Criminal charges in connection with remodeling at the Rio and Harrah's Las Vegas are still pending after more than a year.

The three defendants, facing one misdemeanor count each, are employees Robert Bruna and David Matthews, and Harrah's Entertainment itself.

No arraignment -- the next step in the prosecution process -- has been held, though the oldest two charges were filed in February 2008. Sept. 9 is the newest arraignment date set for the repeatedly postponed matter.

Gary Thompson, a Harrah's spokesman, refused to talk about the postponements.

"We appreciate your offer, but we have no comment," he wrote by e-mail Friday afternoon. "These are questions for the court."

There's no word yet, either, on arrival dates for two promised reports that are intended to document the extent of unauthorized remodeling, and repairs to that remodeling, at Harrah's sites here.

The county is doing one report, which will be limited to remodeling at the Rio.

The second report is a code-compliance "audit" of Harrah's resorts here, by outside consulting firm Leo A Daly, which county commissioners authorized last autumn.

Harrah's will pay up to $1.2 million for the Daly report, which will review 60 randomly selected remodeling projects at its local hotels.

If the audit costs more, the county will pay the balance.

Contact reporter Joan Whitely at jwhitely @reviewjournal.com or 702-383-0268.

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Please enter your name Name: Please enter your email Email: Please enter a comment COMMENTS : (word count limit is 300) You have reached the maximum number of words allowed Current Word Count: Note: Comments made by reporters and editors of the Las Vegas Review-Journal are presented with a yellow background. Fred Frazzetta wrote on October 29, 2009 06:41 AM: urallfools: There is a huge difference between drama and truth...the problem that everybody has that I am going after is the proven fact that what I have alleged has, in every case, been found to be the TRUTH! You cannot change the facts, and I cannot manipulate the facts. It is morons like you that allow unethical companies such as Harrah's to continue to do their dirty deeds because you are & have been afraid to step out of your own shadow. You are a coward, and another sheep willing to be led to slaughter. It is real easy to criticize someone when you are able to hide your identity...why not use your real name. Feel free to contact me anytime at: harrahswhistleblower@gmail.com I don't have to hide in the shadows, I am not afraid of Harrah's - I know their dirty secrets, and I am going to expose them for what they really are. I stand behind every single word that I have put into print, and as an old saying goes: "actions speak louder than words." Harrah's created this mess...I am just helping to bring it all into the light so they can be held responsible for their numerous illegal activities. Harrah's willfully put their employees & Guests in harms way, they knew about the asbestos, they knew about the unsafe rooms that their illegal remodels left behind...I simply want them held responsible in a court of law for what they did...nothing more...nothing less... reader wrote on August 29, 2009 12:55 PM: to "urallfools:" So, you're saying that Freddy F. just used phony drama to cast a spell -- causing reporters to do his nonsensical bidding? causing the county to spend big bucks on an unnecessary Kessler report? causing Kessler to find nonexistent problems? causing the county to revise the way its whole building dept. runs, for no good reason? causing the DA to file frivolous charges? urallfools wrote on August 25, 2009 09:27 PM: Is it possible that Fred lives off of Drama? Real(created in his minds eye) and Perceived? Seems he always has the inside scoop and he knows all the details. He has been searching for the right audience. I think he found it. I think it is known as "The Press" Fred Frazzetta wrote on August 25, 2009 08:52 AM: Good thing Fred saved us: You are just another ball-less wonder afraid to use your real name out of fear of looking like an idiot for the rest of your life! By the way, it was not the Rio that was evil it was Harrah's Entertainment Inc., who did the illegal remodeling. The Rio did not want us there at all, but they had no choice. I guess you can't read very well because if you could you would have read that all of my allegations have been found to be true...every single one of them! Harrah's is still fixing what they willfully screwed up, and from what I hear more illegal work is still being uncovered to this day. By the way moron, I didn't work for the Rio...I worked for Harrah's through the inept corrupt Local 501 Operating Engineers Union. And for your information, Harrah's management liked my work ethic so much that they decided to make me a permanent employee (Tom Adams requested me personally). When I filed my initial complaint with the Building Department I was not allowed to give additional information, and the reason that I was given was this: they didn't want the inspector's inspection to be tainted - I was told that he would review the plans on record with the County and make is determination off of the plans. Obviously, Mr. Maddox can't read plans very well or he had some other motivation for falsifying his inspection report which closed the case prematurely. Mr. Maddox put tens of thousands of peoples lives at risk because he failed miserably at doing his job. Mr. Maddox defrauded the public he works for by submitting a falsified report...he broke the public's trust...I proved he is a liar, incompetent...and most importantly I have proven that the sytem is broken! Fred Frazzetta wrote on August 25, 2009 08:16 AM: Cuffs2Tight: DA David Roger & his office are not just soft on crime...they are part of the corruption problem in Las Vegas. Mr. Roger is very selective when he prosecutes cases, so selective that Public Corruption enters the picture clearly. But of course, David is protected by an inept Attorney General Catherine Cortez Masto, who is also part of the problem. The only chance that we have of cleaning up this cesspool which we call Las Vegas is to have the DOJ or FBI come in and clean house. At that point in time you will see the rats scatter: Mr. Roger; Catherine Cortez Masto; Rory Reid; Senator Harry Reid; Tom Collins; Ron Lynn; Phil Rosenquist; Supervising Building Inspector Richard Maddox; Fire Chief Steven Smith; Deputy Fire Chief Girard Page; Deputy Fire Chief Sandra Baker; NV State OSHA; NV State Medical Board; individuals from the local FBI office; some LVMPD personnel; Sig Rogich; Local 501 Operating Engineers Union - Ron Cozart, Les Strong, John Bare; Gary Loveman; Jan Jones; Tom Riley; NV Real Estate Commission; NV Gaming Commission & Board; NV State SEC; NV Contractor's Board...and the list goes on. The agencies that are supposed to be in place to protect the public do one hell of a job protecting the Casinos & big business in this town. I can say this because I witnessed first hand how the buck is passed from hand to hand & from agency to agency with the hope that one will just give up because they can't get any help. Richard Maddox is just the tip of the corruption that we face here in the state of Nevada. Here's the new motto: What happens in Las Vegas from now on is no longer going to stay in Vegas. Time for a clean-up from the top...down! Good thing Fred saved us wrote on August 25, 2009 07:56 AM: Oh Fred is such a good citizen for blowing the whistle on the evil Rio for their remodeling. Ok now, back to reality. Fred “blew the whistle” only after he got fired for being lazy. He filed the complaint in order to get back at the Rio. However he was vague in his complaint giving very limited information. It was only after he got fired from Another Harrah’s property that he suddenly remembered all of the details. What a guy Fred. Why don’t you tell all of the people why you got fired the second time. Maybe he shouldn’t be so quick to call others liars and accuse them of being lazy. joe wrote on August 24, 2009 12:02 AM: Holy crap, get the damn unions OUT OF OUR GOVERNMENT! He gets re-hired, gets his seniority returned, AND gets back pay for being an incompetent, worthless excuse for a building inspector who could've very well been responsible for the deaths of hundreds of people? ARE YOU SERIOUS? Why do gov't employees have it better than the taxpayers? What on Earth is the justification for placing these employees on pedestals while the taxpayer continues to get fleeced? It simply makes one not even want to give a damn anymore. Cuffs2Tight wrote on August 23, 2009 09:20 PM: Why doesn't our District Attoney Diminutive Dave Roger file criminal charges against Maddox. He obviously committed fraud. Additionally, he could be charged with theft of services, as he was paid for inspecting rooms he clearly never inspected. David Roger is soft on crime. No charges against Lacy Thomas in the UMC fiasco. No charges against this Maddox creep. Throw all of the Bums out. Republican and Democrat. We keep saying it, and then never do it. Dave wrote on August 23, 2009 08:49 PM: Wow! This is the only time I have seen a UNION actually live up to the dues people pay. Maddux should be kissing the butts of everyone that works for the Service Employees International Union. bigdog wrote on August 23, 2009 07:46 PM: "was the rock and hard spot" doing his job? Read All Comments