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