Dear Union City,

Please accept this electronic request for public records made under OPRA and the common law right of access. I am not required to fill out an official form or use a particular software platform to submit my request per NJSA 47:1A-6(f), which states that an email from a requestor including all of the information required on the adopted form shall suffice in place of a completed form as a valid government record request.

I HAVE NOT been convicted of any indictable offense under the laws of New Jersey, any other state, or the United States.

I WILL NOT use the requested government records for a commercial purpose.

I AM NOT seeking records in connection with a legal proceeding.

Records requested: Union City, NJ — Multiple current and former employees of Union City Emergency Medical Services (EMS) say the department has been dealing with serious workplace problems for years, including harassment, retaliation, and conflicts of interest within the chain of command. Several employees have provided letters, emails, incident reports, and other documentation describing what they say is a pattern of misconduct involving EMS Supervisor Yanci Gutierrez, formerly known as Yanci Acosta. The employees requested anonymity because they fear constant retaliation if their identities become public. According to the whistleblowers, complaints about the supervisor have been raised repeatedly for years, but they say nothing has been done to correct the situation.

Years of Employee Complaints

Documents shared by employees describe a range of workplace issues they say have occurred over multiple years. From outdated, defective equipment to workplace harassment and bullying. In several written complaints, employees and former employees, describe being called into offices and criticized over charting and paperwork issues in ways they say were humiliating or aggressive. Some employees say they were spoken about to coworkers instead of being addressed directly. Other letters describe situations where former employees say they were treated differently than coworkers performing the same duties. Another account by a former employee describes the supervisor speaking sarcastically and making comments that employees say were meant to belittle them. Employees also say that once they raised complaints internally, the situation often became worse. Several whistleblowers claim that after speaking up, they were subjected to increased scrutiny, disciplinary write-ups, or negative comments. According to employees, the pattern often ended the same way: the employee would eventually leave the department due to the husband, Chief and Director shielding her from accountability.
Claims of Interference During Patient Care
Some complaints go beyond workplace treatment and involve operational issues during emergency calls. In one documented incident, an employee reported that during a trauma call the supervisor allegedly interrupted the EMT’s assessment of a patient and began asking questions that had already been asked. According to the employee’s report, the situation delayed transport of the trauma patient and caused confusion on scene and undermining the employees medical judgement and micromanaging.

Allegations of Discrimination

Another complaint describes a situation in which a coworker allegedly made a racially offensive statement in front of several employees. Witnesses were reportedly present when the remark was made. The whistleblowers say concerns about that incident were raised internally but claim they did not see meaningful action taken afterward.

Concerns About Workplace Culture

Several employees say the issues they described have created what they call a toxic workplace environment within the EMS division. Whistleblowers state, employees often feel discouraged from reporting problems because they believe complaints will not be investigated properly by the administration and the city. “People complain, nothing happens, and eventually they leave,” one employee said. Some whistleblowers say the environment has become so difficult and state that EMTs across New Jersey who are thinking about applying for jobs in Union City may want to carefully consider the hostile and retaliatory working conditions before doing so. “When interviewed for a position in Union City EMS, she would make inappropriate sexual comments about her and her husband during the interview!” “Who does that?! We apply to get a job as EMTs and our first impressions with her is inappropriate sexual comments while I was getting interviewed! It was the most uncomfortable and unprofessional interview I have ever experienced.” “All this in front of the chief of the department and her husband!”

Conflict of Interest Concerns

Employees say one of the biggest issues preventing accountability is what they describe as a conflict of interest within the department. According to multiple employees, Supervisor Yanci Gutierrez is married to Administrative Supervisor Jose Gutierrez, who reportedly has authority over disciplinary actions, operations, schedules and personnel records within the EMS agency. Whistleblowers say this arrangement makes employees question whether complaints against the supervisor can be reviewed fairly. Some employees are rumored to believe complaints about the supervisor may not always appear in official personnel records. They believe complaints against this supervisor are rugged and not filed officially to maintain her record clean. Employees say this situation has created a perception that the supervisor is protected from discipline. “She can’t do anything wrong, she can do the worst thing to anyone and they will justify it to protect her just because of her marriage. No matter how stupid their excuse sound.” “No matter what, we are always wrong and she’s always right to them. That’s how she gets away with it all the time.”

Questions About Oversight

Employees also raised concerns about the structure of the city’s personnel system. According to whistleblowers, the city does not have a traditional internal human resources department. Instead, personnel matters are handled by a third-party personnel consultant hired by the city. Particularly by Judith Gottlieb. Some employees say they believe this consultant is politically connected to city leadership, and is a regular financial contributor to Mayor Stack’s political campaigns; which they say raises questions about independence when investigating complaints involving municipal departments. Employees also say that the city’s outside law firms, O’Toole Scrivo LLC, Scarinci Hollenbeck LLC and CSG Law PC, provide legal advice and are political donors to the administration, which they believe further limits independent oversight of workplace complaints. Additionally, the Director of EMS, is a political appointment position by the Director of Public Safety, aka Mayor Brian Stack. As of the publication of this article, this position is currently held by Union City Police Captain Michael Bergbauer, who already is facing his own controversies and criticisms not just within the police department but also within EMS. According to the whistleblowers, Bergbauer is just another layer of political protection to this supervisor because of the alignment with the Mayor. “We even have a Chief of EMS who does not know how to manage personnel issues. They all cover for each other while we have no other alternative but to take this public and lawyer up.” Said a former employee.

Allegations of Payroll Irregularities

In addition to harassment concerns, some former employees have raised a new allegation involving payroll and overtime. According to these whistleblowers, the supervisor in question is alleged to have previously manipulated her work schedule in order to receive overtime pay for hours by excessive call outs or vacation time while simultaneously working overtime hours. The employees say they believe this issue should have been reviewed through an independent investigation. “There was a time when she would always call out of her regular work days while also picking up most of the overtime shifts within the same week.”
 
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Yours faithfully,

Nepotism