Update: DEP worker sent home after sharing climate-change views

12:10 p.m. update

Students gathered this morning at the Capitol to ask for an investigation into whether an unwritten gag order exists barring state employees from discussing climate change or global warming.

The protesters, who wore duct tape over their mouths with "climate change" written across it, dropped off petitions with more than 43,000 signatures calling for an investigation by the Florida Department of Environmental Protection Office of Inspector General. They also filed an open-records request for all communications between the Governor's Office and DEP with the words "climate change" or "global warming" to see if there's proof such a ban exists.

"Many Department of Environmental Protection staff have come forward in recent weeks claiming there's an unwritten policy to not discuss climate change (or) global warming in official communications," said Ralph Wilson, a member of Forecast the Facts. "The executive branch has denied these claims, so we feel like this is fairly easy to resolve. All we have to do is figure out who's telling the truth."

The protesters' numbers were modest — about 15 showed up, roughly the same number of Capitol Press Corps members who came to cover it.

Doug Miller, an organizer with the Fossil Fuel Divestment Student Network, was among the young people who duct-taped themselves as part of the protest. He said making a home in Florida may become difficult as climate change becomes more of a reality in future years.

"For us to deal with this adequately, we need state government to be thinking scientifically and to be taking all the facts," he said. "And if there's a possibility that there's political censorship going on here, that's really serious and that really concerns me and my generation because this is our home."

Gov. Rick Scott has denied any such gag order or ban exists, as have DEP officials.

Earlier this month, a DEP employee was reprimanded, sent home and told not to return to the office until he was medically cleared by his doctor after publicly sharing his views on the Keystone XL pipeline and climate change during a coastal managers forum in Tallahassee.

Before the employee, Bart Bibler, was disciplined, he emailed higher-ups at the department an anti-pipeline symbol. DEP officials said he was disciplined for poor performance, insubordination and conduct unbecoming a public employee. State law bans state-agency workers from engaging in political activities on state time using state resources.

8:45 a.m. update

Environmental activists and students are planning a protest this morning at the Capitol over a so-called gag order on state employees from talking about climate change or global warming.

Gov. Rick Scott and officials with the Florida Department of Environmental Protection say no such ban exists. Climate-change activists say otherwise.

The protest is set for 11 a.m. at the Governor's Office. As part of Sunshine Week, protesters will deliver an open-records request for emails and other correspondance between Scott and the DEP.

Morning update

Florida Department of Environmental Protection employee was reprimanded, sent home and told to get medical clearance before returning to the office after publicly discussing his personal opinions on the Keystone XL pipeline and climate change.

The Florida chapter of Public Employees for Environmental Responsibility filed a complaint with DEP saying the agency disciplined Bart Bibler, a land management plan coordinator, for his comments during a Florida Coastal Managers Forum held Feb. 27 in Tallahassee.

Florida PEER also notified the agency that Bibler was invoking his rights under the state whistle-blower act. Jerry Phillips, director of Florida PEER and a former DEP staff attorney, filed the complaint Wednesday.

The organization, a national nonprofit whose ranks include scientists and land managers, says the Bibler matter is another indication Gov. Rick Scott has banned state-agency employees from using the terms "climate change" or "global warming."

"This ludicrous ban has permeated the rank-and-file of the agency's personnel who have, by now, gotten the message that if they are to keep their jobs they should not seriously suggest that climate change exists," Phillips wrote.

Scott, however, denies any such ban exists, recently telling reporters, "It's not true."

According to the complaint, Bibler was asked during the meeting to introduce himself and provide an agency update. During his comments, Bibler "expressed his opinion that the Keystone XL pipeline, if built, would further jeopardize the stability of our climate, which would also negatively impact the state of Florida."

Bibler, who resides in Tallahassee, later drafted a one-page summary of the meeting, which included references to discussion of climate change and sea-level rise. He emailed the summary to a supervisor, who asked for revisions. He sent back another summary, "climate-change" language intact, and included an attachment showing an anti-pipeline symbol.

DEP higher-ups found that Bibler's response was "not appropriate" and asked him to resubmit his summary. He never did.

"Your actions were disrespectful, unprofessional and represent insubordination," DEP's reprimand letter says. "Further occurrences of a personal agenda or unwillingness to perform duties assigned will not be tolerated."

Lauren Engel, a DEP spokeswoman, said Bibler failed to perform his duties "in an appropriate and respectful way."

"After multiple requests by his supervisor, Mr. Bibler failed to provide an accurate summary of the meeting, and instead responded in a disrespectful and argumentative fashion by simply providing an attachment with the "Keystone XL Pipeline" with a red circle and a cross through it."

He was reprimanded March 9 and told not to come back for two days, Phillips told the Tallahassee Democrat. On March 11, the agency sent him a letter saying his doctor would have to fill out a medical-release form before he could return to his duties.

"DEP has no wish to violate your privacy by requesting the result of any medical test or diagnosis," the letter says. "We must, however, ascertain your ability to return to work and perform your job duties as a Government Operations Consultant III on a full-time basis."

Phillips said Bibler is in the process of getting the note from his doctor and that he's "ready, willing and able" to return to work.

"In fact, he was not previously unable to do so, nor did he ever indicate anything to the contrary," Phillips wrote in the complaint. "Given that there are no allegations on the part of FDEP that Mr. Bibler is physically unable to work, the only inference that can therefore be drawn from the FDEP's March 11 notice is that FDEP expects him to see a psychologist."

Bibler, who earns $50,000 a year, has been with DEP since September 2014. DEP officials say he was not suspended but rather is on leave. Phillips said "he's off work at his own expense. They've told him he has to take either annual leave or sick leave."

"Did he push an envelope?" Phillips asked. "Under normal circumstances, I don't think so. All he did was send an email that had a symbol on it attached with the summary of a meeting and all of a sudden he finds himself with a written reprimand. That doesn't strike me as being a real provocateur."