Courthouse construction hits snafus

[Guest guest]

http://www.mtdemocrat.com/archives/index.inn?loc=detail & doc=/1998/April/30-5

15-news.txt

April 30, 1998

Courthouse construction hits snafus

The puzzling foul air that last week sickened Courthouse employees has

dissipated, but another unexpected obstacle blocked reopening upstairs

courtrooms and offices, further frustrating employees and judges.BAILIFF BOB

JONES surveys courtroom construction, above.

The two top floor courtrooms were opened April 20 after a three-week

asbestos removal project, but employees returned to find courtroom and

adjoining office ceilings completely covered with plywood scaffolding

supported by steel girders. The rooms are dimly lit with wire-enclosed

lightbulbs. Air blowers whir in the attic.

It is not the atmosphere of a dignified courtroom.

" I don't know if you've ever been aboard a ship,'' Bailiff Bob said.

" An aircraft carrier just below deck comes to mind.''

El Dorado County Superior Court Judge J. Riley said when work began,

they were told the ceiling would be lowered by scaffolding. But they did not

imagine conditions as bad as they are. Riley wrote a letter to the Board of

Supervisors requesting they view upstairs conditions, and Supervisor Mark

Nielsen showed up and took pictures.

After complaints, and after people began falling sick, the county decided to

reclose the area until construction is completed in another month. Once

again the stairwell leading upstairs is blocked by a sign, " Restricted area.

Keep out.'' The top floor is sealed with plastic sheeting.JUDGE PATRICK J.

RILEY and his mobile office. " That's my desk,'' Riley said of the wheeled

cart filled with legal books and papers.

" Everyone was pushing to get us back into operation quicker, and it didn't

work out,'' Riley said.

So Riley, the county's presiding judge, is now operating out of Commissioner

Emery's first floor office and has a cart filled with his legal

books and papers piled in. " That's my desk,'' Riley said with frustrated

good humor.

Cases have been moved from room to room, day by day, according to what is

available. Tardiness is common, with lawyers and clients inevitably

claiming, " I went to the wrong building.''

" It's chaos. We've had attorneys and litigants all over the place,'' said

Superior Court Judge Eddie T. Keller, whose courtroom has been relocated to

the Board of Supervisors hearing room. Keller called this situation adequate

under the circumstances, and said he agrees employees should not return

upstairs until all work is finished.

" They thought it would work as a temporary measure, but it didn't,'' Keller

said. " They didn't take into account ramifications and effect on air.''

Keller said he developed respiratory problems he suspects are linked to

courtroom molds and fungus. " I can't say it was the building but I have my

suspicions,'' Keller said.

Despite the problems, Riley said he understands the need to do the work.

" It is unnerving and upsetting. But the intention of getting the asbestos is

necessary. The rest of it we didn't anticipate, and I don't think the county

did, either.''

Another unanticipated problem was the foul air that wafted through the

Courthouse when the upper floor was reopened last week. The county

employees' union estimated 95 percent of employees complained of burning

eyes, scratchy and sore throats, headaches, nausea and some chest congestion

from last Tuesday through last Thursday. Three people were ill Wednesday of

last week, and seven went home Thursday, according to the union.

Test results released Tuesday of this week showed some elevated mold levels,

and spores in certain areas, but were " not indicative of a toxic

environment,'' court Administrator Aikman said, adding that employee

symptoms could be linked to mold only under " direct exposure for prolonged

periods of time.''

Aikman said the test showed the Courthouse is " not a toxic building.''

" Unfortunately it is still our position that we have no evidence to explain

the cause of employee ailments,'' county counsel Judith Kerr said, though

the mold may have triggered reactions in people with high allergy

sensitivities.

So the mystery air is still a mystery?

" I'm afraid so,'' Kerr answered. " There is no evidence of causal connection

between symptoms and mold levels shown in test results. That's not to

minimize employee symptoms, but there is no evidence of a dangerous

situation.''

The union agreed Tuesday to abandon an injunction to have employees removed

from the Courthouse, agreeing conditions had drastically improved.

Amador County Superior Court Judge Harlan issued an April 23 temporary

restraining order " to relocate any employee who feels ill or uncomfortable

working under these conditions and who requests to be relocated'' from the

Main Street Courthouse to another location.

The following day four employees requested transfers, and were relocated to

the Fair Lane court at the county government center. Two people requested

relocation Monday, and none Tuesday. By Friday no noticeable odor remained.

The county closed the Courthouse Tuesday afternoon of last week, and

employees received a full day's pay. The courthouse remained open the next

day, despite a county-employee meeting in which several employees expressed

health concerns, and employees who went or stayed home had to use sick-leave

time. Court was also open last Thursday, though employees who left Thursday

were not charged sick leave.

The union and county still had sticking points on how sick leave would be

compensated or docked.

The county and union also agreed on an accelerated Courthouse cleaning

schedule of carpets and air filters to prevent mold and spore recurrence.

Riley said the court was only maintaining its calendar through the

" outstanding'' staff effort. " We're functioning only because the staff is

moving itself and is able to bear up under unbelievable confusion,'' Riley

said.

Riley, who said he experienced some congestion last week, said the current

mess was unavoidable because there is no place to move the court. He

expressed frustration that in 1989, when he was appointed to the bench, the

county reportedly had money for new courtrooms, which the court again asked

the Board of Supervisors for in 1995. " We're not one inch closer to new

courtrooms,'' Riley said.

The county Courthouse on Main Street was built in 1911 and remodeled in

1970, when the interior was gutted and rebuilt, and, ironically, the

asbestos installed.

Riley said the building has always had air and water leakage problems. He

showed two leather briefcases water-damaged from being on the office floor

overnight during the last storm. He also showed pictures of Judge Keller's

waterstained office floor.

" Don't misunderstand me, I like the old building. But at some point it's not

worth the taxpayers' money.