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November 21, 2008

Simmons receives time extension at Veterans Center; but officials won't say for how long

Disabled Vietnam veteran Mike Simmons will be allowed to stay at the Norman Veterans Center past his Thanksgiving deadline, the executive director of the Oklahoma Department of Veterans Affairs confirmed Thursday.

Martha Spear -- who originally denied Simmons' appeal of his "involuntary discharge" from the Norman center -- said a verbal agreement had been reached to allow Simmons to stay past his Thanksgiving Day deadline. "There is an agreement for him to stay past Thanksgiving," she said.

However, Spear would not say how much longer after Thanksgiving Simmons would be allowed to remain at the facility. "As far as I know there has not been a specific date set," she said.

Unlike Simmons' notice of discharge and the denial of his appeal, Spear said nothing about the new agreement had been put in writing -- nor had it been communicated directly to Simmons.

"I have not seen anything in writing," she said. "But there is a verbal agreement, and this agency is going to keep its word."

Thursday, Simmons said he was pleased by the extension, but was concerned that no written document existed.

"I'm glad she admitted that to you," he said. "Because at this point we have nothing in writing, so we have no idea how long that grace period is going to be."

Spear acknowledged that neither she, nor representatives of her agency, had communicated with Simmons directly about the change. However, she said she did inform state Rep. Wallace Collins, D-Norman.

"A state representative of his has been told that," she said. "We spoke with the legislators who have been involved and Rep. Collins told us that he would tell him that."

For several months now, Collins and former state Rep. Al Lindley have worked with members of the Simmons family in an attempt to help Simmons remain at the center.

Spear also said her agency wasn't able help Simmons find new lodging because Simmons had not given DVA officials permission.

"We have to have his approval to help him find a place to stay," she said. "He was told that in writing."

Not true, Simmons said.

"That's not true," he said. "I've had the (veterans center) social worker here, working for me, trying to help me find a place to live. He's presented me with a list of 'nos' and a small list, maybe about a half dozen, of places that might take me."

Of that second list, Simmons said two have waiting periods and one of the facilities is in Purcell.

Simmons said he was being forced from the center because he "went public" about the treatment he received there.

"I've said all this before," he said. "This is a reprisal for me being a whistle blower. I think that plays an enormous role. If I go, the same problems will still here. It will just be the next veteran who talks who will be ejected."

Veterans Center officials, in a letter to Simmons, said he was being discharged because the facility couldn't care for him.

"This action is being taken because we are unable to meet your medical needs at this facility," NVA administrator Bob Weeks wrote. "This is being done in accordance with USDVA Regulation 51.80 and the written policy of this facility."

Simmons said if he's forced out -- whether it's on Thanksgiving or a short time later -- he would be homeless. "I'm taking it on faith," he said. "The question is: If they're not gonna toss me next Thursday, when do they plan to toss me? 'Cause I don't have anywhere to go."

M. Scott Carter 366-3545 scarter@normantranscript.com

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