DDSN interim director talks in letter of challenges, 'hypersensitive environment'

COLUMBIA – The new interim director for the state’s disabilities agency told its chairwoman before he took over the job that the agency was not in crisis but faced challenges in a “hyper-sensitive environment,” according to a letter introduced in a federal court case.

The lawyer for the plaintiff in the case, Patricia Logan Harrison, introduced the letter from Pat Maley as part of her request to depose Maley and the new director of the state’s Medicaid agency, Joshua Baker, in a lawsuit brought by Johnny Timpson of Greenville.

She argued in her motion that Maley had no working experience in the disability field prior to being hired by the state Department of Disabilities and Special Needs earlier this year as program manager and that Baker had no experience in the disability field or with Medicaid prior to his being hired by the Department of Health and Human Services last year.

“None of them had prior experience in managing programs for persons who are poor and disabled, or managing Medicaid funds, except for work performed while working for then Gov. Nikki Haley, who claims to have no knowledge of matters at issue in this lawsuit,” Harrison wrote.

The lawsuit filed last year while Haley was still governor alleges that Timpson was beaten, burned, subjected to physical, emotional, sexual abuse, neglect and financial exploitation while in the DDSN system. He has named a number of defendants in addition to Haley, including state and local agencies and officials. 

MORE: Nikki Haley ordered to testify in DDSN case

The suit seeks unspecified damages, including punitive damages, attorneys fees, compensation for Timpson's sister and various orders, including one to prohibit defendants from retaliating against plaintiffs, witnesses or their advocates.

Baker served as budget director and then as Haley’s deputy chief of staff before being hired at DHHS as director of operations.  Gov. Henry McMaster announced his appointment as director of the agency last month.

Maley was named last month as the interim director for the state Department of Disabilities and Special Needs by the DDSN commission.Maley has previously served as the state’s inspector general. In that capacity, he presented three reports concerning DDSN, his last to the DDSN commission in September 2016 about South Carolina Mentor, DDSN’s largest for-profit residential service provider.

DDSN oversees the care of thousands of people with intellectual disabilities, autism, brain and spinal injuries through a network of county disabilities agencies, regional centers run by DDSN, and private for-profit and non-profit service providers.

“DDSN is not in a crisis,” Maley wrote to DDSN Chairwoman Eva Ravenel in a letter as a candidate for the interim director’s job, according to a copy filed in the Timpson case.  “It is like many state agencies where key strategic issues tend to linger due to the real or perceived risks of destabilizing stakeholders and the security of the status quo.”

In her motion, Harrison took issue with Maley’s summary.

“That is an odd statement to make in such a letter, given Maley’s investigations which found DDSN clients to have been overcharged for housing, elopements resulting in deaths and other serious deficiencies,” she wrote. “In his letter, Maley expressed no concern about the systemic problems related to abuse and neglect, or protecting consumers.”

Instead, she noted that Maley said his “satisfaction will come from lowering the stress on my fellow employees” and that the agency “is blessed with a management team with high ID/DD technical skills.”

In his letter, Maley said he was “humbled and honored” to be asked to submit his resume to the board.

“I do sense the interim position will have unique operational challenges given the hyper-sensitive environment DDSN finds itself in,” he wrote, later adding, “I fully recognize the operational challenges ahead for DDSN at this unique time as well as the heightened legislative and public scrutiny the agency is under.”

Maley, a former FBI agent, said in his letter he had no interest in the permanent director’s job.

“I am very satisfied in my current role in organizational improvement and contributing to the development of the management team through my experiences and scars,” he wrote.

Maley inherited an agency with about 1,700 employees and a $748 million annual budget, most of it federal money, and a host of issues. Both legislative chambers have or are examining the agency in their oversight roles.

Maley's appointment came after a year of stories in The Greenville News that examined problems in the agency, including a waiting list for services totaling almost 8,000, rising rates of critical incidents and allegations of abuse, neglect and exploitation and a payment system blamed for one county facility's recent decision to stop operating some of its facilities.

During the meeting at which his appointment was announced, Maley appealed for teamwork and for harsh rhetoric by advocates and others in the system to die down.

He succeeded Beverly Buscemi, who resigned her job she held since 2009.

The agencies that have been named in the suit have denied the allegations and said they can not discuss any ongoing cases.