MONTS V. UNO
      SUMMARY OF THE CASE
      BY DAVID A. MONTS
      MARCH 3, 2002

      David Monts, P.E., was hired by the University of New Orleans
      Physical Plant Services Department (UNO-PPS) in January 1991
      to do professional design work in electrical engineering.  In
      1991 Monts had fifteen years of work experience in nuclear
      and electrical engineering.  Monts prepared electrical
      building plans and specifications for the UNO campus
      renovation projects.  The subsequent work, if approved by the
      UNO administration, was normally bid out and then executed by
      a licensed contractor all following the State Bid Law.  Monts
      did contract administration and observed all electrical
      construction work at UNO.  Occasionally, the work was
      executed in-house using UNO-PPS maintenance staff.  Monts
      also prepared electrical work orders executed by the UNO-PPS
      maintenance staff.

      Monts and his co-workers Anderson (another electrical
      engineer) and Ehlers (mechanical engineer) complained to
      Parnon (architect and immediate supervisor of Monts,
      Anderson, and Ehlers) about PPS's management ordering
      changes to their respective plans and specifications for
      "budget" or "I am in charge" reasons.  PPS management was
      Cantrell, PPS Assistant Director, and Schambach, PPS
      Director.  This overruling of the best judgment of the
      professional design staff was at best poor economy and at
      worst a violation of the State Building Code Laws.  Parnon
      agreed with the complaints and had similar complaints
      himself; he stated he was trying to get Cantrell and
      Schambach to change, but he was powerless to do anything
      about the overruling.  Parnon did suggest that we engineers
      try to persuade Cantrell and Schambach to change their
      behavior.

      This process came to a defining moment for Monts when in
      February 1995 Monts was "fired" from a particular project
      (renovation of Building 16) by Cantrell without objection
      from Schambach for complaining that his (Monts')
      specifications were not being followed, but overruled by
      Cantrell.

      Getting nowhere with UNO-PPS management Monts took his
      complaints to the UNO attorneys.  Monts' complaints to the
      UNO attorneys were:

      1.  There are numerous code violations that Schambach,
      Cantrell and Parnon are aware because the engineers have
      witnessed and reported them, however these code violations
      are not corrected.  Schambach practices
      architecture/engineering without a license, Schambach allows
      other unlicensed persons to practice
      architecture/engineering, and this practice jeopardizes the
      health and safety of the public.  Schambach allows Cantrell
      to practice architecture and engineering without competency
      in the engineering discipline and without a license in
      architecture and that practice jeopardizes the health and
      safety of the public.

      2.  Schambach and his boss Patrick M. Gibbs, Vice-Chancellor,
      Business Affairs Administration, do not comply with State bid
      law.

      3. Schambach and Gibbs do not comply with State laws in
      hiring.

      4.  Schambach permits harassment and intimidation which are
      not allowed under UNO policies.

      5.  Schambach, Director of Physical Plant Services, is not
      qualified by training or experience to be "Director" or
     "Facilities Manager".

      6.  Schambach practices bad management.

      After a few faxes Monts had two face to face meetings with
      the UNO attorneys on September 13, 1995 and December 6, 1995
      which on both occasions Monts asked for a complete
      independent investigations of his allegations.  Monts was
      fired on July 15, 1996 just before a third scheduled meeting
      on July 19, 1996 with UNO attorneys was to occur.

      A letter given to Monts at the end of the day on July 15,
      1996 stated he was fired for "continued disruption" of
      departmental meetings and his "negative attitude" to his
      employment with UNO.  Monts and his co-workers in their
      affidavits categorically refute these assertions.  In fact,
      Schambach, who supposedly originated the firing of Monts did
      not know of a single incident or could not produce a single
      document where Monts displayed a  "negative attitude" or
      caused a  "disruption."  Monts was given many written
      commendations for excellent service and work.

      Other pretextural reasons were given for Monts' firing after
      the fact.  For instance, later, in a UNO interrogatory, UNO
      stated that Monts was fired, in part, because he copied  "the
      salaries of his co-workers from the [UNO] Library" and
      distributed this public budget document to his co-workers. 
      This incident occurred in December 1995 and was at the
      request of Parnon, Monts' boss.

      Specific code violations Monts witnessed and reported to
      Parnon, Cantrell, Schambach and UNO attorneys, but
      nevertheless were not corrected while Monts was at UNO are
      the following:

      1. Project: Building 16 Physical Plant Services Renovation
      Scope:  Warehouse space converted to office space.
      Violation: No fire alarm system facilities provided as
      required by Code.

      2. Project:  Fine Arts Mixing Building Addition.
      Scope: Add space to existing building to house art supplies
      and mixing equipment.
      Violation: No lighted exit signs provided as required by
      Code.

      3. Project: Engineering Building, Sixth Floor
      Scope: Electrical
      Violation: 4^Ò X 4^Ò cover is off a section of the power
      distribution center exposing  "live" electrical parts in
      violation of Code.

      4. Project: Business Administration Building, BA 165
      Auditorium Renovation.
      Scope: Renovate existing auditorium.
      Violation: No overcurrent protection for secondary side of
      transformer provided as required by Code.

      5. Project: Liberal Arts Building, LA 234 Compressed Video
      Classroom Renovation.
      Scope: Renovate existing classroom space to meet the
      requirements of a remote video/audio classroom.
      Violation: Additional supports for cable tray needed, a level
      continuous tray system needed, and unevenness and diagonal
      need to be avoided, all as required by Code.

      6. Project: UNO Arena and Baseball Field, Baseball Field
      Outdoor Scoreboard Installation.
      Scope: Provide electrical power for scoreboard.
      Violation: Improper (smaller) wire size used in violation of
      Code and possibly other Code violations such as improper
      grounding.

      7. Project: Engineering Building, Fifth Floor
      Scope: Electrical.
      Violation: Disconnect not labeled in violation of Code.

      8. Project: Business Administration Building, BA Computer
      Laboratory Renovation.
      Scope: Convert classroom space into a computer laboratory.
      Violation:  Ground wire not in conduit with the A/C
      conductors in violation of Code.

      Greater detail on code violations with the appropriate quote
      from the Code cited in the eight page document titled
       "Louisiana Building Code Violations and Other Improprieties
      at UNO" by Monts dated November 9, 1998.

      CURRENT ADDRESSES:

      David Monts
      117 Layburn Court
      Terrytown, LA  70056
      (504) 392-1425
      monts49@bellsouth.net

      Monts' attorney:
      Jack Morris
      4051 Veterans Blvd., Suite 208
      Metairie, LA  70002
      (504) 454-2769
      jem@jemorrislaw.com


FOR ADDITIONAL INFORMATION

Unger Article

Appeals Court Opinon Upholding Dismissal

NSPE Amicus Brief