A former clinical nurse manager who made modifications, in his favour, to his time and attendance record has been found guilty of professional misconduct by a nursing fitness-to-practise committee.
Joseph Feliciano Valenton, who was employed as a clinical nurse manager (CNM) III at the Mater Private Dublin hospital, admitted at a previous hearing in July to making a number of modifications to the Mater Private Hospital Network staff payments system, causing unearned premium-rate payments and entitlements to time in lieu to be credited to himself.
The sums involved amounted to more than €56,000 between May 2021 and August 2022. An investigation by the Mater Private Network led to 290 allegations being put to Mr Valenton in September 2022, the inquiry had previously heard.
It was alleged that Mr Valenton modified his time and attendance record on the Softworks system on a number of occasions without adequate authority and that he knew or should have known his actions were inappropriate.
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At the hearing in July Mr Valenton admitted modifying some payment listings, but said that his actions were not inappropriate and did not amount to professional misconduct.
The inquiry heard that Mr Valenton had modified his own records “without any and/or any adequate authority” to cause premium payments to be made.
It was also alleged modifications resulted in time-in-lieu benefits and that he knew, or ought to have known, his actions were inappropriate.
At Thursday’s hearing the inquiry heard that Mr Valenton claimed the amendments were proposals subject to approval.
However, inquiry chair Mary Leahy, in delivering the findings of the committee, said the factual allegations had been found proven against Mr Valenton, including that he made the modifications in circumstances where he knew or ought to have known that this was inappropriate.
As Mr Valenton, who was not present at Thursday’s hearing, was a member of management he had “superuser” access to the Softworks system and so could amend his time and attendance records there.
The inquiry found this required approval from the director of nursing, who at the time was Geraldine Clerkin, or in her absence the assistant director of nursing.
Ms Leahy said no hospital employee was entitled to self-authorise amendments to their time and attendance record.
She added that following evidence provided at a previous hearing by Jennifer Ronan, senior human resources manager at Mater Private Network, and on Thursday by Ms Clerkin, the registrant would have been aware of the hospital’s policies that approval was needed for amendments.
Ms Leahy added that when the staff in the back office gave approval for payments based on the time and attendance records on the Softworks system, they were trusting that the proper process had been followed.
Ms Clerkin gave evidence that she approved one amendment to Mr Valenton’s time and attendance record on June 18th, 2022 where she asked him to cover a night shift as there was no one else at his level of expertise available.
The inquiry also heard that subsequent to being presented with the 290 allegations of the Mater Private Network investigation Mr Valenton agreed to make repayments of €20,000 to the Mater Private Network and completed these. He provided €10,000 by a cash lodgement and €10,000 by electronic transfer, on September 9th, 2022. He also resigned from Mater Private on that day.
In delivering the finding of the committee, Ms Leahy said Mr Valenton’s behaviour was dishonest and so amounted to professional misconduct.
She confirmed to barrister Caoimhe Daly, for the chief executive of the Nursing and Midwifery Board of Ireland, that the committee would clarify which of the limbs of professional misconduct the registrant’s behaviour amounted to.
The committee also found the registrant guilty of multiple breaches of the code of conduct and ethics for registered nurses.
Both parties now have the opportunity to provide written submissions to the committee regarding sanction. The committee will submit its report outlining its findings and recommendations as to sanction to the board.
