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Ohio Official Docked Vacation Time For Stolen Tape 218

Lucas123 writes "The missing tape, stolen from an intern's car, contained data on all 64,467 state employees, 19,388 former employees and 47,245 Ohio taxpayers. The state believes the incident will cost them $3 million. So after four months of deliberation, the Ohio Department of Administrative Services announced today that they decided to take a week's vacation away from Jerry Miller, their payroll team leader and the guy in charge of the missing data."
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Ohio Official Docked Vacation Time For Stolen Tape

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  • by Anonymous Coward on Thursday October 11, 2007 @05:20AM (#20937415)
    Imagine what would have happened to him if he'd been busted sharing a couple of dozen copyrighted songs online. Probably would've had his sick-leave cancelled too.
  • by MadJo ( 674225 ) on Thursday October 11, 2007 @05:24AM (#20937425) Homepage Journal
    Take away 1 week of vacation time?
    If I screw up that bad at my work, I'd be facing a discharge...
  • by rolfwind ( 528248 ) on Thursday October 11, 2007 @05:27AM (#20937449)
    would feel a bit differently if they are one of those who will get victimized (ID theft for one) as a consequence of this slip up. It may yet happen.
  • Wrong punishment (Score:3, Insightful)

    by El_Muerte_TDS ( 592157 ) on Thursday October 11, 2007 @05:30AM (#20937461) Homepage
    Tired and stressed people make more mistakes. Without vacation he will make more mistakes.
  • by suv4x4 ( 956391 ) on Thursday October 11, 2007 @05:36AM (#20937489)
    But of course, it's all about the revenge. Water droplets? Arm/leg twister? Acid (.. music)? Tazers! It sure will help with the lost records!

    From personal experience, trying to do more work and cut off your vacation is the most sure-fire way to bring your work quality and productivity down.

    Are they trying to set him up to lose another tape?
  • Gee. (Score:5, Insightful)

    by skulgnome ( 1114401 ) on Thursday October 11, 2007 @05:37AM (#20937491)
    I wonder how much those four months of deliberation cost them. All that work just for some petty punishment. (of course you yanks only get like six days of paid vacation a year, so maybe it's harsher from your perspective, lol.)
  • by mgblst ( 80109 ) on Thursday October 11, 2007 @05:37AM (#20937495) Homepage
    Yeah, but this guy isn't making mistakes because he is tired or stressed. His problem is pure incompetence. It is not like he can be more incompetent, because he didn't get enough rest.

    This is a joke, and a big problem in our society. Incompetence is rarely punished, something that you see all the time in the political world.
  • by physicsphairy ( 720718 ) on Thursday October 11, 2007 @06:00AM (#20937575)
    First of all, you can't fine him "$3 million", (a) because he couldn't pay it, (b) because then you probably have to pay people close to that amount just to convince them the financial risk of the job was worth taking.

    Also, it's evident it wasn't 100% on him. The data was stolen from an intern's car. He bears the indirect culpability of not encrypting it, not backing it, trusting the intern, whatever. It's natural to feel that "heads should roll" but why should the onus of all this fall necessarily on him? (Well, maybe it all should--I'm just going off the blurb in the summary.)

    On the other side of it, a week's vacation time is ridiculous, whether or not he's at fault. If he is, well, there should be a real punishment. If he's not, it's fairly idiotic to slap him around just for the show of doing so.

    And how much did the four-month long investigation cost? If it was more than a week of this guy's vacation time... yeah, well, that was another win for the taxpayers, wasn't it?

    The way it should have worked is that there should have been a clearly defined set of rules, a clearly defined set of responsibilities, and a clearly defined set of repercussions. When employee X neglected responsibility Y, he should have already been aware that Z would be the punishment, and Z should have been what happened immediately afterward. You might need a four month investigation to find the harddrive thief, but you shouldn't need more than a week to handle violations of internal policies.

  • Smells bad (Score:3, Insightful)

    by ladybugfi ( 110420 ) on Thursday October 11, 2007 @06:13AM (#20937637)
    From my experience people who do grossly inappropriate things get usually kicked out of the company. If these two get just this minor punishment it might be because the organization did not have clear enough policies and procedures for storing and handling the data. If there are no rules or employees do not know them, people can not be held accountable for any wrongdoing. If this is the case, even this vacation time punishment is too severe.

    On the other hand, maybe the organization subscribes to the principle of giving people a second chance.
  • by ritesonline ( 1155575 ) on Thursday October 11, 2007 @06:17AM (#20937667) Homepage
    What more do you want?

    Sounds like the guy's a long timer who was doing his job and now has to carry the can to protect his pension.

    From the article: "The tape was pilfered in June from the car of an intern responsible for carrying data used by the Ohio state government's computer systems...described Miller as a "stellar longtime DAS employee" and said he has been forthright in acknowledging his role in the "management glitch" pertaining to the stolen backup tape."

    This wasn't some guy who took a company laptop home to play games, it was his responsibility and no extra security was provided for him to do his job. Would you like everyone else robbed at work to forfeit leave or be sacked? The "management glitch" is probably that his bosses wouldn't stump up for secure transport of the tapes.
  • Re:Gee. (Score:3, Insightful)

    by TubeSteak ( 669689 ) on Thursday October 11, 2007 @06:28AM (#20937729) Journal

    I wonder how much those four months of deliberation cost them.
    Probably not very much.
    If you've any experience with bureaucracy, when they say stuff like "4 months" they really mean "we took 4 months to schedule the 1~3 meetings required to reach a decision."

    All that work just for some petty punishment.
    Like I said, they probably didn't do much work. For all you know, they took 4 months just to let the original issue fade so that their 'punishment' wouldn't get pulled into the national news.

    I'd look at the "petty punishment" as something they felt compelled to do, because to do otherwise would be to admit outright that the security around their data handling is seriously broken. Punishing the employee allows them to save face by spreading the blame around.
  • by Opportunist ( 166417 ) on Thursday October 11, 2007 @06:33AM (#20937753)
    You, me, pretty much everyone in the private sector, I'd say.

    But hey, that guy just lost data, not something important. Considering the way our other officials hand out our data like candy, that blunder is just a nuisance because, well, the general population got to know about it. So they had to do something about it.

    Think Sony and rootkit.
  • Mistake (Score:5, Insightful)

    by pubjames ( 468013 ) on Thursday October 11, 2007 @07:00AM (#20937879)
    The guy made a mistake. We don't know him or the situation. He may be otherwise great at his job.

    What's all this crap about his punishment should match the cost of the mistake rubbish?

    If a doctor makes a mistake and a patient dies, do we kill the doctor?
  • Re:A week? (Score:2, Insightful)

    by OneSmartFellow ( 716217 ) on Thursday October 11, 2007 @07:31AM (#20938029)
    Yes, very true, indeed. Americans pay more tax - as measured in days of labor - than almost any other nation on the planet. A significant portion of this tax goes to 'Keeping the world safe from <insert dictator/regime/dogma here>'.

    Remember that the next time some Western European slags off the Yanks within earshot. They paid for the reconstruction of most of the Western European economies after WWII, and footed the bill for keeping the Soviets out during the Cold War.

    This same thing happened in Japan, don't forget.

    So, when they do get their f*&#ing measly 10 days of annual vacation, they certainly don't want to spend at least two of them traveling to/from a foreign country, only to be insulted for their selflessness. I agree it's sad that Americans simply don't travel as much as many other nations do, and yes, this certainly is a significant cause of American ignorance of the rest of the world. Unfortunately, it is simply not the fault of the 'average' American that this is the case.
  • by ZenOfBelan ( 1172059 ) on Thursday October 11, 2007 @07:42AM (#20938079)
    I recieved one of those lovely "We lost your data" letters ... 2 months after the incident. So, as one of the individuals who was personally impacted by this, I'd like to say a few things:

    1) Their IT staff is incompetent. In my department, we ship over 50TB a week to our DR facility in England. We have had instances where tapes were lost in transit (thanks FedEx!) but the data was encrypted. No harm, no foul. That being said, their idea of sending tapes offsite was to put it in the back of an intern's car. GENIUS!

    2) This petty hand-slaping is absurd. Yes, I want the idiot fired and replaced by someone who gives a damn about data management, security, and data classification.

    3) 2 months to contact people who were on the tapes?! FFS!

    4) Their incident handling in the media was that the criminals would need "specialized knowledge and tools" to extract the information. It says what kind of tape it is right on the case! That, and a little Google go a long way. Stop feeding the public a line of BS and own up to the fact that it's really not that hard to get the data off the tape.

    There are others, but those are the ones that are pissing me off at the moment.
  • by MMC Monster ( 602931 ) on Thursday October 11, 2007 @07:42AM (#20938083)
    This guy didn't make a mistake at all. He was following orders. The ones that made the mistake were the ones that told him to take the tapes home.
  • Re:Isn't.. (Score:1, Insightful)

    by Anonymous Coward on Thursday October 11, 2007 @08:05AM (#20938211)
    On some levels, but it depends entirely on a) the degree of the negligence and b) whether the negligence crosses over into criminal law. For instance, a bus driver runs over a pedestrian - he's still responsible for culpable driving - the worst the company is responsible for is him not being trained properly. (Actually, that would be his license issuer, and only if you could proved he was improperly trained - rather than just incompetent).

    In a case like this, if he followed correct handling procedure - the employer is liable. It's likely though that under "transportation of data" there isn't a paragraph covering "leaving your data in an intern's car", meaning he made a judgement call of his own - a bad one - meaning the employer has nothing to do with it. We have to make decisions like this every day in jobs and in the corporate world there can be large consequences for such decisions. The key to success in such areas is, don't be an idiot. Yes - there is a reason why corporations require candidates to have degrees for even the most menial positions.

    Of course, this'll be -trolled.. Nobody likes having to face up to that regular people, not only companies/politicians/lawyers, make mistakes..
  • by v1 ( 525388 ) on Thursday October 11, 2007 @08:12AM (#20938255) Homepage Journal
    Without more information it's hard to say exactly what happened. I could just picture this guy having "transport backup tape to offsite storage on your way from home" as part of his job duties. I used to do that for a company I worked for. I threw the tapes in my passenger seat and drove to the other location and dropped them off at the other office on my way home.

    I could REALLY see how if I, say, stopped at a gas station on the way between the two to get gas and a galon of milk as I do sometimes on my way home. I leave the truck locked even when walking into the quick-e-mart for a minute to get the milk and pay for the gas, but even with that it's possible someone could break into my truck and steal anything that was convenient for a "smash and grab". There's nothing else in my truck that's not nailed down that would make an attractive item to quick grab, so those tapes would probably get snatched for lack of anything else to show for the theft.

    I would not want major sanctions for being a victim of that theft, and arguably there's not much more you could have expected of me.

    Do not hold the peon responsible for the company's unwillingness to provide appropriate security and to place a potentially very big onus on one lone employee, in the interest of saving a few bucks. VERY few businesses are willing to provide adequate protection under such circumstances. Mostly only those that are required to do so by law or agreement. (banks, companies handling credit card numbers, etc)

    Now in such a situation, had I not even bothred to lock the truck, that doesn't make the theft any more legal, and unless there were some company policies in place saying "employees transporting backup tapes must leave their vehicle secured whenever unattended" (which until this happens once, you can bet the policy does not exist) then even in that case the employee should bear no additional responsibility,
  • I'm Impressed (Score:3, Insightful)

    by sskinnider ( 1069312 ) on Thursday October 11, 2007 @08:20AM (#20938313)
    It is rare that a person accepts responsibility in the private sector, it is even more rare that they accept it in the civil service. It goes to show that this man has a decent moral character.
  • by diggsIt ( 987979 ) on Thursday October 11, 2007 @08:25AM (#20938353)
    My information was on that tape, and yes I do feel differently about it. The State of Ohio has provided a credit authorization service for one year. After that, I'll have to pay for it. It won't be long before almost everyone is compromised. The more the better as far as I'm concerned. Congress will only take appropriate action when enough people have been burned. I should be able to freeze my credit without paying for the priveledge. The Credit Industry makes the rules. Congress takes their money and looks the other way. State government workers shouldn't be allowed to have computers. They're just too damn stupid and/or lazy.
  • by BVis ( 267028 ) on Thursday October 11, 2007 @09:04AM (#20938661)
    Hmm.

    Allow personal information on tens of thousands of people to get out due to massive incompetence, costing the state millions and potentially ruining the credit of everyone whose info was on the tape, lose a weeks' vacation.

    Share music online at no cost of any sort to the copyright holders, and then get railroaded through an ignorant and corrupt legal system, and get fined several times your yearly salary.

    Is Canada hiring?
  • Re:But (Score:4, Insightful)

    by Duhavid ( 677874 ) on Thursday October 11, 2007 @10:47AM (#20939961)
    But if the source of the error was the CEO, the firing the
    peons does nothing good for the company. The problem still
    exists. And the health of the company took a dip, potentially,
    as the workers fired might have been competent, the incompetent
    is still there, and the remaining workers will see this, and
    they usually are not fooled, and will be demoralized, lowering
    their productivity temporarily, and the best of the people there
    will be more likely to move to another company.

    Has nothing to do with hating managers "on principal". Has nothing
    to do with fair.
  • by Anonymous Coward on Thursday October 11, 2007 @11:14AM (#20940385)
    It's no surprise: this is how Ohio and it's entrenched culture of corruption operates. If they started firing people for losing confidential data and costing the state millions of dollars... why, someone might start thinking there is something wrong with all the hundreds of millions other "Good Republicans" are liberating from the state.

    Look at the "coin scammer" dude. He will get a slap on the wrist too, even though he was blatantly embezzling from the state worker's pension fund.

    Then we can also jump to the Federal level, where the DOJ is permanently sitting on hundreds of cases involving war profiteering in Iraq. This is the face of conservative government. The only answer is to vote them all out, and make sure none of the bastards ever get elected again... if they ever get out of prison.
  • You are an outlier (Score:3, Insightful)

    by blueZ3 ( 744446 ) on Thursday October 11, 2007 @12:01PM (#20941161) Homepage
    If you're a hard-working go-getter in the public sector, more power to you. There definitely are some folks in government who are hard working. My wife, when she worked for the city, was one of them. But it's not the banker's hours or some nefarious "agenda" of pundits that drives public opinion.

    The real issue is that the perception the public has isn't drawn from the class of "all government workers.". The public's perception is based on things like the California DMV offices, where dozens of citizens stand in long lines while about 50% of the "workers" behind the counters engage in banter, sit idly staring off into space, and generally appear to be doing nothing much; or the city clerk's office, where the belligerent receptionist can barely contain her indignation that you've interrupted her game of Solitaire to tell her you've arrived for an appointment; or county road workers, who are frequently seen in groups of seven or eight, where one guy is digging and the rest are all leaning on shovels/brooms, and chatting on cell phones; or the folks who are so hidebound that they can't imagine a solution to a problem that hasn't been carefully documented in the official handbook; and on, and on, and on.

    Until all the citizen-visible positions in government are filled by hardworking, customer-service oriented folks who take their breaks out of site of the waiting area (an outcome so unlikely as to be impossible) the perception isn't going to change.
  • by Sloppy ( 14984 ) on Thursday October 11, 2007 @12:58PM (#20941955) Homepage Journal

    If I screw up that bad at my work, I'd be facing a discharge...

    Yeah, that's probably the usual case.

    But you're thinking in terms of an employee. Imagine you're a manager (I mean Jerry Miller's boss, not Jerry Miller the manager of the intern). One of your people just did something horribly destructive. Something has to be done, but think: what is there to gain by firing him? Miller has already soiled his pants and he's probably not going to make the same mistake again.

    The question you face is, was this just a one-time fuck up, or is the guy systematically incompetent so he really just can't be trusted to do things right? In the second case, yeah, fire him. Fire anyone else too, whether they've fucked up yet or not, if you think they're going to do dumb/destructive things. But what about the first case?

    How did this fuck up really happen?

    I wouldn't just assume that firing the guy, is the smartest thing to do.

  • Re:A week? (Score:4, Insightful)

    by fullmetal55 ( 698310 ) on Thursday October 11, 2007 @01:30PM (#20942397)
    Well, I can do a lot of that, but a lot of it doesn't interest me. I can visit the Rockies, go see the columbia ice fields, relax in hotsprings, go to the top of a mountain, all within a days drive of me too, but I'd rather go on a vacation where I can see really old buildings (over 300 years old), visit new cultures, experience new foods, see the world from a different viewpoint. I've seen the natural wonders my fine country (Canada) has to offer, and loved them, but I also want to see other places, and learn other cultures. there's only so much sightseeing you can do.
  • Re:A week? (Score:3, Insightful)

    by fullmetal55 ( 698310 ) on Thursday October 11, 2007 @10:20PM (#20948907)
    Where did I ridicule anyone? please let me know. or is it that i dared to disagree with you, if so why does stating my differing opinion injure you so much? there was nothing I said that was worthy of being attacked for. and our "strange and exotic foods" are all pretty much from other places, we don't really have a national cuisine. And the ones that generally cause the "midnight dash" are typically US corporate food chain restaurants. (McFood)

    And where did Spring Break and wet t-shirt contests come in? I never said Canada was a bastion of ancient architecture and culture, I said I like to go to places where I can discover new cultures... I'm already here, I know Canada's culture. But I want to experience the culture of Japan, Thailand, Germany, Italy, France, England, Sweden, Egypt, etc. So some people (read you) don't want to, I'm merely stating that there's other reasons people take vacations than siteseeing, at least for some people. Don't get in my face because I disagree with you. Ignoring other cultures doesn't make you better, it doesn't make you worse. It makes you different, and that's all i'm saying. you're different than me. Not better, Not worse. Different. this isn't a flame, this is merely statements. nothing even remotely inflamitory i don't think, I tried really hard. especially since my talking about what I like to do for vacations is considered ridiculing others, quote me if you want, but I didn't say anything to ridicule you or anyone else on their choice of vacation. just letting you know that there are more than one reason for trips.

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