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HomeMy WebLinkAbout4/24/1995M` M BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA SPECIAL MEETING MONDAY, APRIL 24, 1995 9:00 A.M. - COUNT'Y COMMISSION CHAMBER COUNTY ADMINIS RATION BUILDING 1840 25TH STREET VERO BEACH, FLORIDA COUNTY COMMISSIONERS Kenneth R. Macht, Chairman (Dist. 3) Fran B. Adams, Vice Chairman ( Dist. 1) Richard N. Bird (Dist. 5) Carolyn K. Eggert ( Dist. 2 ) John W. Tippin (Dist. 4) James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board 9:00 A. M. EMPLOYEE APPEAL HEARING - Lisa Freeman ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL WILL BE BASED. ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MAY CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 567-8000 X 408 AT LEAST 48 HOURS IN ADVANCE OF MEETING. 91- 9>l/? SPECIAL MEETING Monday, April 24, 1995 The Board of County Commissioners of Indian River County, Florida, met in Special Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Monday, April 24, 1995, at 9:00 a.m. Present were Kenneth R. Macht, Chairman; Fran B. Adams, Vice Chairman; Richard N. Bird; Carolyn K. Eggert; and John W. Tippin. Staff present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; William G. Collins, II, Deputy County Attorney; Doug Wright, Emergency Services Director; John King, Emergency Management Coordinator; and Patricia Ridgely, Deputy Clerk. Also present were Lisa Freeman and her attorney, Robert Stone. Chairman Macht called the meeting to order. EMPLOYEE APPEAL HEARING - LISA FREEMAN The Board reviewed a Memorandum of April 18, 1995: TO: Board of County Commissioners DATE: April 18, 1995 FILE: SUBJECT: Lisa Freeman Appeal FROM: amen E . Chandler County Administrator REFERENCES: As a result of a March 16, 1995 administrative hearing, I upheld Emergency Services Director Doug Wrights termination of Secretary I Lisa Freeman. Attorney Robert Stone, on behalf of Lisa Freeman, appealed the termination to the Board. The appeal hearing has been scheduled by the Board for Monday, April 24, 1995 at 9:00 a.m. April 24, 1995 BOOK 94 F','.GF 91? BOOK 94 F,u 919 Deputy County Attorney Will Collins explained that the Board was present to hear the appeal by Lisa Freeman, a Secretary I, Emergency Services Department, of Administrator Chandler's determination to uphold Emergency Services Director Doug Wright's termination of her employment. He advised that a pre -termination hearing before Director Wright took almost four hours; and the appeal hearing before Administrator Chandler lasted almost seven hours. He would try to consolidate that a little bit. He pointed out the extensive exhibits from the prior hearings were available if there were any questions, but not all of them would be introduced. Deputy County Attorney Collins reported that Emergency Management Coordinator John King and Emergency Services Director Doug Wright would give summaries of what led to this hearing and then Attorney Robert Stone would present his client's appeal. Deputy County Attorney Collins summarized that Lisa Freeman was charged by Mr. King with a series of incidents which demonstrated poor performance on her part and specifically charged that she neglected to comply with requirements set forth in departmental rules and standards of conduct. Director Wright had found that five of the six incidents had merit and determined to terminate Ms. Freeman. Deputy County Attorney Will Collins reviewed the incidents set out in the following letter:' :UCY Indian River County Board of County Commissioners Department of Emergency Services 1840 25th Street, Vero Beach, Florida 32960 February 14, 1995 Lisa Freeman Secretary I Division of Emergency Management 1840 25th Street Vero Beach, Florida 32960 Re: Pre -Termination Hearing Dear Ms. Freeman: I have reviewed and studied the information provided to me at your pre -termination hearing which was held on February 8, 1995. The following is the basis upon which I have made a decision regarding the appropriate disciplinary action which will be taken against you. 2 April 24, 1995 INCIDENT #1: On September 20, 1994, John King, your supervisor, conducted an employee consultation with you (Exhibit A) regarding your unacceptable change in work habits and poor work performance. He explained to you the specific instances where you have fallen short as well as the areas requiring improvement. You were also noticed that continued failure to correct the problem would result in more severe disciplinary action. You acknowledged that your work performance was below your potential and indicated that you would improve both your attitude and performance. FINDING: The record is uncontested that the employee consultation occurred and that you admitted your performance was below your potential and you agreed to improve both your attitude and performance. INCIDENT #2: On September 21, 1994, John King, your supervisor, discussed with you your failure to accomplish a routine office task (Exhibit I) he had reminded you about the prior day relating to outgoing correspondence which you stated you had forgotten about. You had been warned about this same type of unsatisfactory work performance the prior day and yet it recurred the very next day. FINDING: It was established that you did fail to complete a routine office task related to outgoing correspondence, a simple task which you had been counseled about the day prior by your supervisor. Your response was that you forgot to accomplish this routine function. INCIDENT #3: On October 41 1994, John King, your supervisor, counseled with you (Exhibits L & M) regarding your failure to be at your work station at the assigned time. You voluntarily returned your office key to Administrative Secretary II Diane Albin on Monday, September 27, 1994, and waited outside the main entrance to the office on Tuesday and Wednesday even though there were other open entrances into the Administration Building. You were not at your work station at the assigned time and you had not received authorization from your supervisor to be absent from your duty station. Your stated excuse for not being at your work station was to "protect yourself." You were again warned by your supervisor that your attitude, poor job performance, and failure to be at your work station would result in further disciplinary action if improvement was not noted. FINDING: The record established at the hearing was that you returned your office key to Diane Albin and waited outside the office entrance on two days, failing to be at your assigned work station without authorization to be absent by your supervisor. It was also established that the main entrances to the building were open at 7:OOAM and you could have entered through any of these doors and been at your work station at the assigned time. Your stated excuse that you took this action to "protect yourself" is not acceptable, since no events were established with any basis at the hearing to support your reason for being absent from your duty station. You were again counseled by your supervisor about your job performance, attitude, and behavior with the warning that further demonstrations would result in more severe disciplinary action. INCIDENT #4: On October 24, 1994, John King, your supervisor, gave you a written warning and discussed in detail your continued poor job performance. You were advised that you constantly failed to demonstrate the initiative to attempt -any project without an explicit directive; you exhibit inattention to detail resulting in incorrectly filed correspondence; a lack of concern about making complete copies of outgoing correspondence; and a failure to keep 3 800K 94 FAGE ��4 April 24, 1995 BOOK 94 rmu 91 your work area clean. You were further admonished that failure to correct these deficiencies would result in further disciplinary action as provided for in the Indian River County Administrative Policy Manual. FINDING: Exhibits submitted during the hearing established that a written warning was discussed in detail with you by your supervisor for the same type of poor job performance that you had been warned about repeatedly. You submitted no documentation to controvert your supervisor's testimony other than a less than plausible statement that you felt you were doing your job. INCIDENT #5: On November 4, 1994, John Ring, your supervisor, gave you a written warning (Exhibits M & U) and discussed in detail with you your continued poor job performance. On October 24, 1994, you were given a written memorandum reminding you that a month earlier (Exhibit R) you had beenassigned the task of cataloging and reorganizing the technical, education, and legislative documents on certain bookshelves. An additional task was assigned relating to completing the inventory form for the supply room which - you had been working on for a week. Since your supervisor was going to be out of town, he informed you in the memorandum that the deadline for completing these tasks was October 28, 1994. Upon your supervisor's return to the office, he found your work product to be substandard and incomplete, even though you informed him by phone that you had completed the assignments on October 26, 1994. Your written warning described that if you continued to fail to complete routine projects or duties assigned to you, severe disciplinary action, possibly leading to termination, would result. It was communicated to me that you possess the ability; however, you refuse to improve to a level commensurate with the requirements of your position classification. FINDING: It was established at the hearing that you received a written warning, which is a substantial disciplinary action, that should have impressed upon you that your job performance was in need of immediate improvement. Photos were taken of what you considered was a final work product. Your supervisor introduced the photos as exhibits (Exhibit T - 7 photos) which, in my opinion, demonstrated and established that the job was less than complete and unacceptable. Your excuse was that you misunderstood what your assignment was even though.you were provided a memorandum by your supervisor and he testified that he explained in detail to you the expected final work product. I again find that your explanation for this unsatisfactory level of job performance is unacceptable, inasmuch as your supervisor called the office on more than one occasion each* day and you could have sought clarification on any part of the assignment that you did not understand. Further, you knew exactly where to reach him at any time if you had any questions about the assignments you were given. INCIDENT #6: On January 24, 1995, your supervisor John Ring, writes in a memorandum dated January 25, 1995, (Exhibit W) that you contacted Administrative Secretary Diane Albin to report that you were ill and would not be able to come to work. At approximately 3:30PM on this same date, Diane Albin was delivering correspondence and.needed the key from your desk to walk around through the utilities office since a meeting was in progress in the conference room. Etta LoPresti was sitting at your desk working on a project when Diane asked her to hand her the door key from your middle desk drawer. When Etta opened the drawer, she found a stack of approximately 100 EMS run reports which are sensitive, 4 April 24, 1995 confidential, and privileged. You were -assigned to shred these confidential documents on January 11, 1995, and you failed to complete your assignment knowing full well that these are confidential and should be secure from access by unauthorized individuals. Your supervisor further notes that you failed to promptly complete an assignment relating to a minor task involving hazardous materials disaster plans. Your response was unacceptable in terms of this failure and ref -sects a continuation of your failure to complete simple work assignments in a timely manner which is cause for his recommending a pre -termination hearing. FINDING: At the hearing, it was established that the sensitive and privileged EMS run reports were in your unsecured middle desk drawer, that you received the run reports from Ruth Ann Snoberger, that you placed a note on the forms the day you received them, and that the documents had been in your desk drawer since January 11, 1995. Although the number of EMS run reports were earlier stated to be approximately 100, the actual number was established to be 254 run reports. Your excuse for not destroying the documents were that you had been busy, it was not your assignment, and that it took a long time to shred the documents. The issue here is the fact that you took possession of the documents from another person with the understanding that you would destroy them. At some point in time you have to take responsibility for your acts of omission in the office, and I find that this was gross and unacceptable conduct. I personally have conveyed to you and other staff members at various times that Chapter 401.30, Florida Statutes, exempts patient information contained in these records from public disclosure without consent and you blatantly ignored this standard office procedure and placed the assets of the county in a position of significant liability. Your statement about not having time to destroy the documents is totally without merit, inasmuch as I observed you on many occasions since January 11, 1995, when you would be reading magazines or having a casual conversation with another office staff' member. The total time it should have taken you to destroy the documents should have been no more than fifteen minutes, and this is based on my personal experience. There was some significant discussion during the hearing about your work product involving the hazardous materials plan (Exhibits G & H). You denied that you had added the annexes and other errors to the document, which caused another staff member to go back through this substantial document and make corrections to the many mistakes you created in the plan. I noted to you and your attorney at the time that I would research this matter further. I must tell you that I personally know you were assigned this task, I observed you working on the document on more than one occasion, and since the hearing I have verified that the document is and was in your personal computer directory (Exhibits D2 & 3). In fact, you copied the document into your supervisor's directory and used a password known only to you. He cannot even access the document in his directory since only you know the password. I am at a loss to understand what purpose you felt this would serve and why you would ever do something like this. Your credibility in my view is non-existent and I have no confidence in you now, since you made this statement under oath knowing full well that you were being untruthful. You know that you were assigned this project by your supervisor and that you 5 BOOP( 94 PA,k 91 April 24, 1995 BOOK 4 917 personally rendered the document useless by your unacceptable job performance. It took many hours for other staff to go through this 192 -page plan and make corrections to your errors. There was also testimony from you during questions from myself that you were totally unaware that secretaries and or administrative staff in the office were permitted to take classes at Indian River Community College to improve their skills at the County's expense. You denied any knowledge of this and stated that you had never been told about that. Again, your credibility was called into question because I personally recalled having approved payment for you to take a course at the college. After the hearing, I located the registration documents (Exhibit D1 - (8 pages) and the check issued by the county to pay for you to take a computer-related class in the Spring semester in 1991. So, what you demonstrated again was untruthfulness as well as the fact that you have had many opportunities to improve your administrative skills and you simply have not taken advantage of them. The issue raised at the hearing about you demanding 20 minutes of compensatory time from your supervisor for having read part of a book on desktop publishing at your home was an example of your unacceptable elementary and childish behavior. You had not been directed to study the book, it had been on your desk for some time, and you stated to me that you did it because "you wanted to prove a point to your supervisor." Indian River County policy contained in Section AM -301.3 (Exhibit J) alludes to the fact that compensatory time must be approved prior to being taken or accrued. Your supervisor stated at the hearing that he did not prior approve any compensatory time; however, he gave you the 20 minutes time off in an effort to satisfy you. At the hearing, you admitted that you had received time off to accomplish personal tasks, doctors' visits, trips to the veterinarian for your dog, and time off around holidays without the time being charged to your vacation or sick balance. It appears you want the free time off if its beneficial to you; however, you demanded 20 minutes of unauthorized compensatory time for allegedly having read a book at home for 20 minutes. Somehow, fairness does not seem to be balanced in this situation and it is another example of your unacceptable behavior. CONCLUSION: You were noticed and your supervisor, Emergency Management Coordinator John King, cited six separate incidents during the hearing as the basis for recommending disciplinary action, all of which relates to unsatisfactory job performance, unacceptable behavior, and a poor attitude in general. During the hearing, it was demonstrated through exhibits that you were employed with Indian River County in the Division of Emergency Management on September 26, 1990, in a position classified as Secretary I. Your four annual performance appraisals (Exhibits B, C, E, and F) were generally good; however, recommendations for improvement were suggested in several areas such as neatness, thoroughness, handwritten information, completing routine tasks without prompting, relaying correct information, and attention to detail. It was also noted that you received favorable comments regarding your knowledge of emergency management duties and willingness to help complete various tasks in some of the appraisals. Although not determined during the hearing, something seems to have happened, known only to you, in the time period prior to September 20, 1994, which resulted in a significant decline and change in your work performance, behavior, and attitude to the extent that the following actions had to be taken by your supervisor: - 6 April 24, 1995 DATE ACTION TAKEN EHHIBIT(S) 9/20/94 Employee Consultation A 9/21/94 Verbal Warning I 10-24-94 Written Warning L&M 11-04-94 Written Warning U 01-16-95 Verbal Warning W 01-25-95 Recommendation for Pre- W Termination Hearing 02-08-95 Pre -Termination Hearing The above -documented incidents are substantial in nature and should have shocked you into recognition that your actions and poor job performance could have serious disciplinary implications if you did not improve. However, your response was to write a letter to me (Exhibit O) alleging harassment by all members of the office staff, which after investigation, (Exhibit P) was proven to be frivolous, without merit, and in my opinion, an effort to intimidate other staff in the central office. You could never explain how you were being harassed, but you felt everyone was out to "get you." What has occurred now is that you have alienated all the administrative staff to the point where they are uncomfortable around you and do not want to work with you given your propensity to create false allegations or imagine incidents or events that you perceive as truthful. I do not have to tell you that the Department of Emergency Services is a public safety agency which requires some agencies such as Fire and EMS to operate 24 hours a day since you have been here for .four years. You also know that the Division of Emergency Management has to be and is available for duty 24 hours a day in the event of a natural or manmade disaster. No employee has the luxury to pick and choose which assignments he or she wants to do in a disaster situation, and I must have staff I can depend on to be available, to perform assignments without close supervision, to take the initiative when they see a task that needs to be done, and to be dependable team players in these types of intensive environments since our response to emergencies could, if not properly handled, affect the lives of the citizens in this county. I do not see you as a staff member that would fit this mold given the information and testimony presented at the hearing as well as my personal knowledge of your unacceptable job performance, behavior, and attitude. In the Indian River County Administrative Policy Manual in Section AM -801.1,. BEHAVIOR OF EMPLOYEES, the County policy is stated clearly that certain rules and regulations regarding employee conduct and behavior are necessary for the efficient operation of the County and for the benefit and safety of .all employees. It is clearly. stated that conduct which interferes with operations, discredits the County, or is offensive to fellow employees, business associates or the public, will not be tolerated. For purposes of this hearing, the following county policy statements will be referenced and have direct bearing on your demonstrated conduct: AM -801.1 (l.b.) AM -801.1 (l.g.) April 24, 1995 Giving proper advance notice whenever unable to work or report on time. Performing assigned tasks efficiently and in accord with established quality standards. 7 BOOK 9 F',��,E 91 In addition to your having violated the above Sections, I have concluded that your conduct warrants disciplinary action according to the Indian River County Policy Manual, Section AM -807.2, as follows: GROUP TWO OFFENSES, Section AM -807.2 (3) - Neglecting to comply with requirements set forth in departmental rules and standards of conduct. The sections referenced above are a part of the policy and rules and regulations related to conduct and behavior that all county employees are required to follow. They are reasonable and clearly stated, easy to understand, and you did not adhere to them in the incidents stated above as the basis for disciplinary action. If an employee consultation, two verbal warnings, two written warnings, and a recommendation for a pre -termination hearing were insufficient motivation for you to improve in your job performance, behavior, and attitude, I do not feel further efforts to rehabilitate you would be fruitful. If the incidents cited above were each standing independently and alone over a long period of time, they would possibly not be so significant. However, given the fact that the incidents occurred over a period of less than five months, the incidents collectively demonstrate a substantial decline in your job performance, attitude, and behavior, which creates a paramount concern to both your supervisor and myself that must be addressed in the interest of efficient departmental operation. During the entire four hour hearing, you submitted no documents in your defense and never once did you state that you wanted another chance to work in this department. You did state that you wanted to continue to work for -the County. I assume that you meant you wanted to work in another department. However, it is not the policy of the County to transfer a person who is encountering a disciplinary problem to another Department. I do not feel you would be successful in this Department -if you were allowed another chance or reinstated given the feelings communicated to me by staff members who are concerned that you will again make false allegations against them when they try to help you improve your administrative skills. Given the totality of the circumstances, I have decided to. terminate your employment with the Department of Emergency Services, Division of Emergency Management effective Friday, February 24, 1995, at the close of business. Although I provided you with documents regarding your appeal rights with your notice of the Pre -Termination Hearing, I am including another copy of Section AM -807.1 (Pages 3-5) for your review and action as you deem appropriate. 8 April 24, 1995 Your final paycheck may be collected from the Personnel Department on March 10, 1995, contingent upon the return of any county property and computer password(s) so that all files in your directory and your supervisor's directory can be accessed. Please contact either Donna Anderson in the Personnel Department or myself to schedule a time and date to pick up any personal property which may be located in the office. Sincerely, 4 -*- .Doug Wri t, CEM Director Department of Emergency Services Attachments referenced - due to the volume, provided upon request Referenced document - Section AM -807.1 (Pages 3-5) cc: Robert Stone, Attorney At Law Jack Price, Personnel Director Will Collins, Deputy County Attorney John King, Emergency Management Coordinator Lisa Freeman Personnel File Department File In his opening remarks, Attorney Robert Stone hoped they could agree on something and shorten the hearing and not take up 7 hours of the Commissioners' time. He asserted that, basically, Miss Freeman appeared to be a very good employee until ,a particular woman was hired. He declared that the woman, with whom she had a personality conflict, became Lisa's "supervisor." Lisa's relationship with Mr. King deteriorated because that woman made the statement that Lisa Freeman had Mr. King fooled, and it was going to be her task to see that he no longer was fooled. From that point on, everything Lisa did was micro -managed to the extent that they actually stood over her shoulder while she was typing and, because of that, she wrote a letter to Director Wright that she felt like she was being harassed and that letter was "like a bomb." It seemed, from that point on, as if the effort was not to try to rehabilitate Lisa, but to try to build a case to get rid of her because they had no idea what she meant by harassment. She certainly didn't mean• sexual harassment but that her work atmosphere was such that she didn't feel free to do her job, that she was, in fact, being harassed. Attorney Stone related that earlier evaluation reports revealed that Lisa was a willing employee, got along with everyone, and had no problem with fellow workers until this particular 9 BOOK 94 i;,I,F 999 April 24, 1995 Boa 94 wu 921 "supervisor" started. He submitted that while Lisa may not have done everything properly, maybe made some mistakes, they weren't the type of mistakes that should result in dismissal. Attorney Stone asked the Commissioners to listen to all the evidence and base their decision on what they feel would be appropriate. County Attorney Charles Vitunac asked all those who expected to give testimony to stand and be sworn. Oath was taken by Messrs. King, Wright, Chandler, and Stone, as well as Miss Freeman and an unidentified female (who subsequently did not testify). Emergency Management Coordinator John King declared he would provide a time line of the events which led to his unfortunate, but necessary, recommendation for terminating Miss Lisa Freeman. He began that Miss Freeman was employed in the Division of Emergency Management for roughly 42- years and had been under his close supervision for the last approximately three years. He recalled that, when first employed, Miss Freeman showed promise, was willing to learn new job skills, and had the ability to work with others. He described that her commitment to work vacillated from good to satisfactory during that time, but, at the very end, it was unsatisfactory. He believed it fair to say that she could only complete one task at a time and required close supervision. In the beginning Miss Freeman tried, wasn't always successful, but continued to try. He sent her to various emergency management training schools, some were home study courses that she was allowed to complete on the job. He had sent her for one-week courses to Tampa and Ft. Lauderdale, but she had declined an opportunity to go to Maryland for a one-week course. Mr. King detailed how Miss Freeman's motivation began to decline. She informed him privately that she wanted to work at the Federal courthouse in Ft. Pierce. He had agreed to be a reference - for her. He recalled that 'at a prior hearing, Miss Freeman had said, under oath, that if she was reappointed to her County position, and a position became available at the Federal courthouse, she would leave County employment. Over the last year, she had applied for jobs with the Library, two secretarial positions with the Fire Department, jobs with U. S. Wildlife Service, and several others. Each time, she had asked him to be a reference. He had no problem with that as long as it did not affect her job performance. Miss Freeman had complained privately to Mr. King, several 10 April 24, 1995 times during spring 1994, that there were other secretaries in the department making more money in positions for which she had applied. Mr. King had gently explained that they were hired into a higher personnel classification, had college educations, had more job skills, and were chosen over her. He suggested she make herself more marketable and encouraged her to work on finishing her two-year college degree. Mr. King noticed that during the summer Miss Freeman's motivation continued to decline. He caught a lot of her errors and repeatedly had to return her work. One of the things they worked on was the County HAZMAT (Hazardous Materials Plan). Mr. King described how he noted revisions in red ink in the margin in the previous edition, and asked Miss Freeman to make changes. She had previously helped put the document together and was very familiar with the format and she knew the necessary compliance criteria and protocol. He discovered she reorganized the whole document into a very unacceptable, non-standard form, and then was unable to correct the problem. He had to give it to someone else for the corrections. He considered that incident a gross violation, but didn't give her any type of formal warning, simply told her she needed to pay better attention. As the summer wore on, Miss Freeman's work continued to decline; he met with her several times and told her something had to change. He asked her very good friends in the office if there was anything at home of concern to her, and'they`s'aid they weren't aware of anything going on in her life, but he wasn't the only one to notice she was struggling. Again, on September 20th, he discussed his concerns with her. He pointed out several specific problems to her, even simple things like putting paper in the copy machine, seeing that his correspondence went out daily, and keeping up filing. Miss Freeman admitted she was working- below potential, remembered being cautioned the previous week, and reconfirmed that she would try harder. He also gave her examples of several other things he expected her to do over the next few months. In addition, he encouraged Miss Freeman to spend some time reading their desktop publishing book. He had concluded their meeting by saying that the infractions were not individually significant, but they occurred repeatedly, showed a trend, and something had to change. Mr. King explained that Miss Freeman was scheduled to report for work at 8 o'clock in the morning to answer the phone and get the office going, before the others arrived at 8:30. Her workday ended at 4:30 and the others stayed till 5:00. 11 �� acoK 94 F.� � �,� 9 April 24, 1995 BOOK 94 ov)F 923 The following day, September 21st, Mr. King made it a point to be at work at 8 o'clock to greet her and let her know he wasn't upset with Miss Freeman, the person, but with the employee who wasn't doing her job. She was reading the newspaper and asked if he wanted to read the newspaper. He declined, but as he was enroute to his desk, she told him she had taken the desktop publishing book home and believed she was entitled to 20 minutes compensatory leave because she read it at home for 20 minutes. He thought she joking, but she wasn't, and said she was proving a point that her time was her time. He admitted being very agitated but told her he would try to meet her halfway, gave her the 20 minutes, and said, in the future, compensatory time would have to be authorized beforehand. Towards the end of the day, he called her to his office and pointed out that his outgoing correspondence tray had not been emptied the prior day and it was still full. He also discussed with her that, while he had been generous to her in the past, coming to work 5 minutes late twice a week had to stop, because it was causing a problem and he had to be fair to everybody. She reminded him that when she came in 5 minutes late one day, she was in the door at 5 minutes to 8 the next day, so it all balanced out. He told her if she was there at 5 minutes to 8, she just happened to be on time. From September 27th through the 30th, he and Director Wright attended a training course in Kissimmee and called the office at least twice a day. On the second day, Director Wright called and learned the Administrative Secretary was concerned about a change in policy because Miss Freeman was outside the office the two days waiting for somebody else to come to work. Mr. King went to the phone and asked Miss Freeman why she wasn't where she was supposed to be; she told him she'd given her office key to the Administrative Secretary. That didn't seem to be a big issue because every door in the building is open at 7 o'clock, there are several ways to get in our office, and not having an, office key was no excuse for not being at her work station on time. He told her to get her office key, be at work the next day, and they would discuss it when he returned. When Director Wright and he returned, he asked other staff members if some office conflict had occurred and they all said that everybody had gotten along well with the exception of Miss Freeman not being at her assigned work station. He called Miss Freeman into his office and tried to learn the reason for her inattention to detail and unacceptable attitude. She said she was trying to protect herself and had no answer when he asked her from whom. He 12 April 24, 1995 asked if he or anybody else in the office ever asked her to return her office key and the answer was "no." He told her he couldn't let this go, that he was going to have to do something formal about the incident. He subsequently began the process of a written warning. Late in the afternoon of October 5th, he met with Personnel Director Jack Price. On the morning of the 6th, Miss Freeman asked for vacation leave for the following day. He told her it wasn't much notice, but he would check schedules and advise her later in the. day. She advised she needed the day off for an interview with the U. S. Wildlife Service. He granted the leave. She later called him and told him the interview had gone extremely well and that a Mr. Cairns with the Wildlife Service would be calling for a reference. He asked her if she was sure this is what she wanted. She said, "I want this job." And he said, "I won't do anything to prevent you from getting this job with the Wildlife Service, if that's what you want." He conferred with both Director Wright and the Personnel Director and told them he was going to delay issuing a written warning because Miss Freeman may be seeking other employment and he didn't want to do anything to penalize her if that's truly what she wanted. Mr. Cairns didn't call. He went on to detail how Miss Freeman had called In sick in mid-October and how, finally, he decided he would have to proceed with the written warning because she continued to do substandard work and require reminders. On the morning of October 17th, while attending a meeting in Tallahassee, Director Wright called the office to tell Mr. King his Administrative Secretary had informed him there was a letter from Miss Freeman charging Mr. King with harassment. Director Wright wanted to do an impartial investigation, told Mr. King to not give the written warning, and they would discuss it when he returned. When Director Wright returned, he and Personnel Director Price spoke with Miss Freeman and determined there was nothing to constitute harassment. Mr. King continued that Miss Freeman began to call everybody in the office "Mr." or "Ms." and started detailing in a notebook staff members' comings and goings. In late October, Mr. King assigned Miss Freeman a bookshelf project. He gave her a very explicit memo directing her to organize the books on his bookshelf and to store duplicates. He left to attend a training program and called her each day. She informed him the second day that she had finished the project. April 24, 1995 13 BOOK 94 FAI;E 924 BOOK 94 r, ru 925 When. he returned late Friday afternoon, she was reading magazines, nothing was on her desk, and the bookshelf had not been touched. Another written warning was generated. On January 16th, another incident occurred concerning the Coopers & Lybrand audit. He recalled he received a call to expect a routine audit. He knew they would want to see the grants files, and the advance phone call enabled the department to ensure the files were ready for the auditor to review. On Friday, January 13th, about 4 pm, an auditor called first and then came to the department to look at their grant paperwork. When the auditor arrived, he asked Miss Freeman for the files, but she had put everything that was a year or older in storage. Another problem, Miss Freeman had made copies of one side of a duplexed document for the file and mailed the full set to Tallahassee. In front of an auditor, he had to explain why half the figures were missing which was very embarrassing. After this incident, Miss Freeman received an employee consultation. Then Mr. King explained in detail how a stack of sensitive EMS reports was discovered in Miss Freeman's desk drawer on January 24th which resulted in her last written warning. He investigated and learned that Miss Freeman had accepted them and the responsibility for their disposition. Leaving the reports unsecured in her desk drawer was unacceptable because she knew how to handle these documents. This incident was part of why she was written up. The second circumstance of the last written warning was lack of work effort in a project involving insertion of pages in the 3 - ring binder of the HAZMAT plan. Miss Freeman said the best she could do was 4 to 4i binders in a day's time, yet the other people in the office were doing one approximately every 15 or 20 minutes. Because of her continued declining work effort, Mr. King recommended to Director Wright that a pre -termination hearing be scheduled; Director Wright agreed. In conclusion, Mr. King viewed disciplinary sanctions against an employee as a last step in the employee motivation process. Before the formal process began, he believed he had done everything possible to motivate Miss Freeman, had made every effort to help her, but at some point a manager had to determine what was fair to everyone in the office. Attorney Stone began interrogating Mr. King, and Chairman Macht interrupted to remind him this was not a circuit court proceeding. Attorney Stone apologized and remarked that he merely wished to receive direct -answers. 14 April 24, 1995 Attorney Stone queried Mr. King concerning the incidents relating to 20 -minutes compensatory time, the return of Miss Freeman's key, and the dates she reported late to work. In connection with the latter, Attorney Stone introduced a piece of new evidence, on HRS letterhead, from HRS security concerning Paula Freeman's entry into their building on September 27th. (Clerk's Note: It was subsequently determined that Paula Freeman is Lisa Freeman's sister and the new evidence had no bearing on what time Lisa reported for work in the County Administration Building. Mr. Stone apologized, that he had in no way intended confusion, but he had been handed the documents with no time to study them or determine their relevancy. Attorney Collins stipulated that Paula was at her job place at 8 o'clock.) Attorney Stone questioned Mr. King as to when Mrs. Lopresti, Lisa's -supervisor, began working in the department. Mr. King believed Mrs. Lopresti came in April of 1994, but she was not Lisa's supervisor, he was. Attorney Stone reviewed with Mr. King Miss Freeman's evaluations of 1991, 1992, 1993, and 1994, and deduced she was improving. He further observed that Lisa had not received any reprimands prior to Mrs. Lopresti coming. Mr. King explained how he used evaluations as motivational tools and that Lisa's work was not improving with time. Mr. King denied Attorney Stone's allegation that .he. was responsible, not Lisa, for the incorrect photocopying of the report that surfaced during the Coopers & Lybrand audit. Attorney Stone reviewed Lisa's duties concluding that they had lessened from secretarial tasks to merely clerical duties after Mrs. Lopresti had come to work for the department. Mr. King indicated her duties had diminished due to errors and continued need for close supervision. Attorney Stone questioned Mr. King concerning the HAZMAT, bookshelf, and Coopers & Lybrand incidents and implied Lisa was not at fault, had received poor instructions or did not understand what was expected. Attorney Stone clarified that Lisa's charge of harassment was misunderstood, that it was not sexual harassment, but referred not only to Mr. King's actions, but to those of others in the office as well. Emergency Services Director Doug Wright was the next witness and he clarified that Mrs. Lopresti was an Emergency Management Planner, a position funded totally by grants, and a position with 15 BOOK 9 a� April 24, 1995 �oOK 9 9? 7 no supervisory duties. I Director Wright highlighted information he had considered in formulating his finding. He initially reviewed Miss Freeman's annual evaluations where he saw suggestions for improvement in neatness, thoroughness, prompt relay of correct information, and attention to detail. Director Wright found a letter of commendation in Miss Freeman's personnel file that he wrote to Lisa for the Hurricane Andrew recovery effort; he wrote 400 of those letters and sent them to everyone remotely involved in the effort, most were volunteers. Director Wright had encouraged her to take courses but she had testified she didn't know, and had never been told, about the County's policy that the County would pay for an employee to take a job-related course at the Community College. Lisa stated she had never been advised of that, did not know about it, and yet he found documents to prove that the County had previously paid for her to take a computer course at Indian River Community College. It was clear to Director Wright that Lisa had not improved with Mr. King's informal efforts. Then, in the middle of the formal process, when she was applying for the U. S. Wildlife job and asking Mr. King to be a reference, he got a letter from her alleging harassment. The letter had a very detrimental effect on other staff members, especially people who had used their time to try to help her. Nevertheless, after receiving that letter, Director Wright wanted to make a thorough investigation and told Mr. King, "Don't do anything further. This has got to be fair. If there is something going on I don't know about, I'm going to find out and we'll resolve it." He interviewed every office staff member and talked to Lisa again and, in fact, could find that no harassment had occurred. He remarked that if he complained every time somebody looked over his shoulder, he'd never get any work done, because certain things are expected and if we don't deliver, then we're probably not going to be here very long. He also considered why Lisa would want to return to an office where she felt people manufactured evidence and harassed her; he really couldn't answer that question. It was clear to him that Mr. King had sincerely tried to rehabilitate her over the past several months, but was unsuccessful, and there was absolutely no reason to think she would do any better in the future. Director Wright regretted having had to take this action, but supervisors are charged .with carrying out the mission assigned 16 April 24, 1995 them. Unfortunately, sometimes they have to terminate an employee. The County Administrator's Policy clearly states rules and regulations regarding employee conduct and behavior which are necessary for the efficient operation of the County and for the benefit and safety of all employees. As department head, he had determined that Lisa had committed the Group II offenses and asked the Board to uphold Administrator Chandler's finding that her termination was justified. By CONSENSUS, not wishing to prolong the hearing, the Board accepted the written determination of Administrator Chandler. BOARD OF COUNTY COMMISSIONERS 1840 25th Strut, Vero Beach, Florida 32960 Telephone: (407) 567-8000 March 20, 1995 Lisa Freeman 11465 Old Dixie Highway Sebastian, FL 32958 Dear Ms. Freeman: Suncom Telephone: 224-1011 The following is my determination, as a result of the March 16, 1995 administrative hearing of your appeal ( Exhibit 1) of your termination of employment from Emergency Management ( Exhibit 11) . This decision was arrived at based on my consideration of the substantial testimony and evidence presented at the hearing. The information presented regarding the various incidents and circumstances were considered individually by me in order to arrive at a total understanding of this matter. Prior to the Fall of 1994 your performance appeared to be generally satisfactory to the Department, although various areas requiring improvement were noted at different times. According to your immediate supervisor, John King, he attempted to resolve the areas requiring improvement through informal discussions and meetings with you at various times. However, in his opinion, there was not sufficient improvement to the extent a formal consultation meeting was necessary on September 20, 1994. According to the information presented at the hearing, you indicated at the September 20, 1994 meeting that your work performance was below your potential and you would improve. Predicated on the hearing information presented, when considering the events subsequent to the September 20 meeting in their totality, in my opinion rather than responding positively with an aggressive attitude to improve, you seemed to have reacted negatively or defensively. As a result, as time progressed, rather than an improvement in performance there was a deterioration and with that an erosion of the office working relationships. Throughout this time, it appears every opportunity was extended to you to correct the situation, but that did not occur. 17 BOOK 9 PA'; F 92 April 24, 1995 BOOK 94 "PA F. ��� .Based on the preceding, it is my opinion the Department followed the proper procedures, as prescribed in the Administrative Policy Manual, and that your termination was justified. As a result, I deny your appeal for re -instatement. In accordance with Section AM 807.1 ( page 5 ) my decision may be appealed to the Board of County Commissioners. Very truly yours, /1a tes E. Chandler County Administrator . Attorney Stone advised that his only witness would be Lisa Freeman and he would take her through each of the allegations. Attorney Stone first asked Lisa if she remembered when Mrs. Lopresti came to work as the Planner, if her work atmosphere changed, and if her relationship to Mr. King changed when that happened. Lisa replied that Mrs. Lopresti started as a Planner in April or May, 1994. She characterized her earlier working relationship with Mr. King as very close and candid. She claimed he had never had a secretary before that he could depend on and for 4 years they had built trust and a good relationship. She recalled that after Mrs. Lopresti came everything was normal over the course of the summer, at least she thought it was, and she still had a good working relationship with Mr. King and could go to him and they could resolve any problems. Attorney Stone asked her about her meeting with Mr. King on September 20th and if she remembered the basis of that meeting. Lisa recalled that Mr. King was disappointed because she was not living up to his expectations and he said things were "going downhill in the office. 11 She had asked him how and he really couldn't point out anything of a serious nature. He wanted the laser printer stocked up more than once a day and his outgoing box emptied more than twice a day. Other than that, she reported he* couldn't state anything else specifically, so she told him she would try to improve. She recalled he tried to imply personal problems, which, she told him, "had nothing to do with the office. And that case was closed right there." Mr. King wrote her up again the following day because she had not emptied out his outgoing box more than once. Ever since that day, she emptied out his box every hour on the hour, and made sure that the copier and the laser were filled up, between three and four times a day as he requested. Attorney Stone asked if Mrs. Lopresti had changed Lisa's duties by doing most of the secretarial work herself, making Lisa 18 April 24, 1995 more of an office girl who filled up machines, emptied boxes, and things of that nature. He added that Mrs. Lopresti had testified to that at the last hearing because that's basically what she thought Lisa's job was. Lisa concurred with his statements. Attorney Stone asked Lisa to tell the Commission why she felt it was necessary to ask for 20 minutes compensatory time after reading a book at home to improve her skills. Lisa explained that the week before Mr. King had suggested it, Mrs. Lopresti had told her that she wanted her to take the book home over the weekend and read it. Lisa had explained to Mrs. Lopresti that she had a 5 - chapter test coming up at IRCC and "there was no way that I could take the book home that weekend; any other time I would be glad to take it home and study it on my personal time." But, Mrs. Lopresti insisted that she take it home, and Lisa insisted she had to study for her test, a more important use of her personal time. She didn't take the book home that weekend. That Monday, Mr. King asked her to please take the book home and read it "to appease Mrs. Lopresti and keep her off of his back." So, she took the book home that night and read it for 20 minutes and the next morning informed .Mr. King. She thought she asked him if that would constitute 20 minutes compensatory time and he said, "Do'ybu want it to be?" And she said, "Yes, I do." She recalled she was not belligerent, was not angry with him, but was rather cordial with him. Attorney Stone inquired if she had taken books and materials home to read in the past, and Lisa responded she read them in the office when she had free time. Attorney Stone set the scene and asked Lisa to relate why she returned her office key. Lisa explained that she not only turned in her office key, but also turned in her computer disk key because she felt that Mrs. Albin and Mrs. Lopresti watched over her shoulder "in 20 -minute increments for a 5 -day period for 7? hours a day." They were constantly asking her what she was doing. So, she turned in her office key, because she felt they were harassing her. After turning in her key to Mrs. Albin, Lisa informed her that she would be unable to gain access to the office the next morning unless Mrs. Albin was there to let her in. Mrs. Albin acknowledged this and was not there at 8 o'clock. Lisa stated that she arrived at 7:40 in the morning, and Mr. Wright let her in at 7:45. The following day, she was there at 7:55 and Mrs. Snoberger let her in at 8:07. Attorney Stone asked if there was any other way she could have gotten into the building, and Lisa responded that "there were plenty. of other accesses to get into the office building, but I 19 Boa . 94 p rr April 24, 1995 BOOK 94 mu 931 chose not to go through them ... because I felt that they were going to try to sabotage me in some way. So, I felt that by going through another access in the County building, would just be affording that opportunity to them, so I chose not to go that way." Attorney Stone asked Lisa what led her to feel/believe that she might be sabotaged, and Lisa claimed it was because they were constantly worried about the computer, watched over her for 20 - minute periods of time, constantly asked what she was doing, and were worried about the file server room. She felt she had to protect herself, because of the unwarranted actions on their part. Attorney Stone asked Lisa if she had been asked prior to that time to look for another job and she replied in the affirmative. She believed it was on September 21st that Mr. King said that he "wanted her to take quick action in securing another job. He told me that nobody wanted to work with me and that nobody wanted me there." Attorney Stone surmised it was after that others began watching her and various things happened. Attorney Stone continued and asked Lisa about her letter to Mr. Wright alleging harassment. She believed that the request by Mr. King to take quick action to secure another job and the micromanaging actions of others constituted harassment. The next incident Attorney Stone covered with Lisa was concerning the bookshelf. Lisa testified that her initial understanding of the task was to write down all the books on the shelves so that she could put them into a catalog of some sort, which she assumed to be on the computer, and put them in alphabetical order. Mr. King had given her the written instructions on his way out the door and his only statement to her was that "if she did not f inish it, he would f ire her. " She did the best she could, but when he later told her how he wanted it arranged, she proceeded to do it on the computer before actually doing it on the shelves. once she finished the computer copy, she physically removed the books, put them into categories in - alphabetical order, removed the duplicates and boxed them for storage. Next, Attorney Stone reviewed with Lisa her understanding of the policy on shredding EMS reports and the key that was looked for in her desk the day the EMS reports were located in her desk drawer. Lisa responded that the EMS reports are confidential in nature and were to be protected from those who do not work in the department. She was not aware of a key. She had not shredded the reports in her desk drawer because two weeks prior, Mrs. Snoberger had thrust them at her when she was in the middle of working on the 20 April 24, 1995 � s r HAZMAT plan with Mrs. Lopresti. The HAZMAT project was a priority project and took preference over shredding the EMS reports. After shredding half the reports, she left the remaining reports in her desk with the intention of shredding them when she had free time. When Mrs. Snoberger returned from vacation, Lisa informed her that she had shredded half the reports and the rest were awaiting her attention. Mrs. Snoberger said she did not want them back. Attorney Stone asked if the key to the door to the entrance of the Utility Department was kept in her desk and Lisa advised that it was. Attorney Stone reviewed the incident concerning the Coopers & Lybrand audit. Lisa specifically recalled that Mr. King made copies of the duplexed report and later had her mail out the original. A few months later, the copied report was retrieved from the file for the Coopers & Lybrand auditor and it was discovered that only one side of the document had been photocopied. Attorney Stone reviewed the HAZMAT plan. Lisa disavowed ever doing any typing on the document and testified that she removed the pass code and transferred it, as requested by Mrs. Lopresti. In response to the direct question by Attorney Stone, "Did you go in and remove the decimals and put annexes in?", Lisa responded, "I never worked on the '94-195 document.#' Attorney Stone asked if there were any other incidents, allegations, concerning her.work product or working relationship that she felt should be brought to the attention of the Board. Lisa recounted another incident that constituted harassment she characterized as a "mocking scene" between Mrs. Lopresti and Mr. Judge that involved a telephone message. Lisa also reported a couple of incidents after she was terminated, one was an impersonation of her in an attempt to gain access to her IRCC records. Another incident involved a female who identified herself as being with First Union who called Lisa's part-time employer. A third instance was an EMS employee, Roger Jones, who implied at the last meeting before Mr. Chandler that she had stated to him that her harassment allegations were for sexual harassment. Lisa stated that such a conversation never occurred. Attorney Stone asked if she was making any claim of sexual harassment by anyone and Lisa confirmed that she made no allegations of sexual harassment. In conclusion, Miss Freeman asked to be reinstated back to Indian River Board of County Commissioners, with an increase in pay, accrual of back pay, accrual of vacation time, and accrual of 2f BOOK 94 P},� F 9:3 April 24, 1995 BOOK 94 FA�F 93 sick time. Her second request was, if reinstated to the Department of Emergency Services, that her pager and office key be returned with a written receipt. Her third request was to be assigned to a different Indian River County department. Her fourth request was, if reinstated to the Department of Emergency Services, to be assigned a County Commissioner to speak with privately if there should be any problems that needed to be resolved about the Department of Emergency Services. Finally, she requested attorney fees and a return date of Monday, May 1, 1995. Deputy County Attorney Collins commenced questioning Miss Freeman concerning her comment about the "implied" statement of Roger Jones concerning sexual harassment. He asked if it wasn't true that Roger Jones had made a 'sworn affidavit and presented oral testimony that she had charged John King with sexual harassment, that it was not "implied," but that he had flatly stated in a sworn affidavit and under oath before Mr. Chandler that she had accused John King of sexual harassment. Lisa replied, "I stand corrected on that, he did make a sworn affidavit, but it was a lie." Attorney Collins questioned Miss Freeman at great length on the matter of the Hazardous Materials Plan in order to determine how the document was changed by someone else, as she claimed she did not change it, when she was the one who had the pass code for it. Attorney Collins asked Miss Freeman about her testimony that Mrs. Lopresti was after her to study the desktop publishing book and whether Mrs. Lopresti was her supervisor. Miss Freeman insisted she was, yet Mr. King and Director Wright had testified she was not. Attorney Collins suggested to Miss Freeman that the reason she decided to turn in her key was because she felt she was going to be accused of sabotage if she was there before anyone else and that had occurred within one week of her first formal warning from Mr. - King. She agreed. Attorney Collins wondered why she didn't attempt to take any corrective action that first week, but immediately went on the defensive and thought that everybody was out to get her. Miss Freeman's response was that Mr. King was close-minded. Regarding reorganizing the bookshelf, Attorney Collins asked Miss Freeman if she was aware of any difference between cataloguing and reorganizing. Miss Freeman defined both words. He remarked that she didn't do what Mr. King's memo said, "catalog and reorganize." _ 22 April 24, 1995 Commissioner Bird asked the approximate date she started applying outside for positions. Miss Freeman responded that she had always applied for them since being employed with Indian River County, and not just the six months in question. Attorney Collins asked Mr. King if he said to "appease Mrs. Lopresti?" Mr. King said he did not. Attorney Collins asked Mr. King if he said Miss Freeman "would be fired." Mr. King responded he couldn't do that because Personnel regulations don't allow it, and he wouldn't make a comment like that. Deputy County Attorney Collins summed up and asked the Board to uphold Mr. Chandler's determination that Mr. Wright was proper in terminating Lisa Freeman's employment. Attorney Stone summed up on various points stating that all problems began when Mrs. Lopresti came to work for the Department of Emergency Services. He requested that Lisa be reinstated to County employment on whatever grounds they wanted. Attorney Vitunac instructed the Board on the standards for their decision. MOTION WAS MADE by Commissioner Eggert, SECONDED BY Commissioner Bird, to deny the appeal and uphold Mr. Chandler's determination for termination. Commissioner Adams addressed Lisa Freeman saying she has always found her to be a very courteous and likeable person, however, it would be very difficult for her to go back. She felt it was unfortunate things got to this point and wished her the best. THE CHAIRMAN CALLED THE QUESTION and the motion carried unanimously. 23 B®OK 94 Ft:f.t 934 _ April 24, 1995 J The hearing concluded at 11:30 a.m. ATTEST: J. . Barton, Clerk Minutes approved on tO - (o - ?t5 - 24 April 24, 1995 BOOK 94 PAGE9 35 Lew enneth R. Ifacht, Chairman