BROW ARD OFFICE OF THE INSPECTOR GENERAL COMPLAINT FORM TIMOTHY "CHAZ" STEVENS Name PO BOX 1123 DEERFIELD BEACH, FL 33443 Address (optional) 054-851-2273 [email protected]Phone Number (optional) E-Mail (optional) Are you a Broward County Employee? 0 Y Are you an employee of a Broward municipality? 0 Y ll1 N (optional) ll] N (optional) COMPlAINT 8/28/2014 Date If yes, name of mllllicipality A detailed complaint based on your personal knowledge is required. Attachments are permitted. PLEASE FIND ATIACHED Under penalties of peijury, I declare that I have read the foregoing complaint and that based on my personal knowledge the facts stated in it are true. This verification extends to all attachments and additional pages. Signature of Complainant FOR OFFICE USE ONLY: Formofsubmission: Mail Email In Person Received by: --------------- Date Received:---------- Complaint# __________ ComplaintConfidentialper§ll2.3188,F.S. 0 Y 0 N
Are you a Broward County Employee? 0 Y Are you an employee of a Broward municipality? 0 Y
ll1 N (optional) ll] N (optional)
COMPlAINT
8/28/2014
Date
If yes, name of mllllicipality
A detailed complaint based on your personal knowledge is required. Attachments are permitted.
PLEASE FIND ATIACHED
Under penalties of peijury, I declare that I have read the foregoing complaint and that based on my personal knowledge the facts stated in it are true. This verification extends to all attachments and additional pages.
Signature of Complainant
FOR OFFICE USE ONLY: Formofsubmission: Mail Email In Person
Received by:--------------- Date Received:----------
Complaint# __________ ComplaintConfidentialper§ll2.3188,F.S. 0 Y 0 N
Wednesday,August27, 14
John W. Scott, Inspector General Office of the Inspector General One North University Drive, Suite 111 Plantation, FL 33324
MAOS-tt THE BROWARD POST
RE: Investigation/Complaint for the City of Lauderdale Lakes -City Manager Jon Allen fired the hired help.
Dear Sir;
We are once again knocking on your door asking for help. We see from the attached file that another purchasing person from the City of Lauderdale Lakes has lost her job. It seems the poor lady acted up at a team building exercise for the Finance Department so City Manager Jon Allen fired her. Yes it the same Allen the OIG investigated and the MD SAO is reviewing charges against him for guess what? Yes purchasing violations of all things.
And what did Allen do the last time? Well he fired the Purchasing Manager because she would not go along with him. Actually disguised it as a lay-off but then he had to turn around and hire this new purchasing person (referenced above) because he had no purchasing help. And now that person is gone too. We think it is Allen but will wait for you to come investigate and haul him off.
Acting up at team building exercises is serious business we know. We hear that she talked at the event about all of the purchasing abuses by Allen. One of Allen's plants came back and told and when she would not confess, Allen fired her. At most team building exercises comments made there stay there. This was all Allen needed to fire her since she would not go along with Allen's latest deal with the contract award to McKenzie. Check out that whole re-award thing from the real contract selectee and how it went down.
But this can't be true. We know there is no finance team in the Lakes. Finance Director Marie Elianor is a clueless reject from Oakland Park who only knows how to do power point presentations. And you do not need a
Page2
team for that.
And by the way, we hear that this person did not even get this letter with the appeal information. So think you can add wrongful termination and discrimination to the list of Allen's transgressions. And yes he has quite a list. Happy hunting;
Timothy "Chaz" Stevens 954-851-2273
City of Lauderdale Lakes Office of the City Manager
This letter will serve as a follow up to your meeting with the Director of Human Resources and Risk Management and the Director ofFinancial Services which occurred on Thursday, June 26, 20 14. During the meeting, you were advised that you we1:e being given the opportunity to resign from your position as the Procurement Agent for the City as opposed to the termination of your employment with the City of Lauderdale Lakes. You were given specific instructions to notify the Director of Financial Services on Friday, June 27,' 20 14, by 12:00 noon, of your decision.· To date, you have not provided us a decision. Consequently, per protocol, the City is moving fonvard. with suspending you without pay and terminating yom- employment with the City, effective July 18, 2014.
The reasons for your suspension and subsequent termination are the disruptive and unprofession.al behavior that you displayed during the team-building exercise for the Financial Senrices Depa1tment that >vas conducted by a professional facilitator. In addition, you exercised very poor judgment by contacting the facilitator directly after we met with you to discuss your unprofessional behavior. You used the access that you had to the City's vendor contact information, because of your position with the City, to retrieve the faci litator's contact information. All of the above actions shed a negative light on the City.
You will receive two weeks of pay and any accrued, · but unused, vacation time that is in your vacation . accrual bank via a live check that will be mailed to your home address on July 17, 2014.
I am requesting that you return the City owned Dell Laptop Tag #20070040 Serial #5R95SC1 that was issued to you BY the City's lnfmmation Technology Division. You may contact the Director of Human Resources and Risk Management at 954-53 5-2710 to arrange a specific date and time to return the laptop.
Enclosed is information regarding the appeal process. You will receive information concerning your City group benefits under separate cover. Although this employment arrangement did not develop into what both pruiies would have liked, I wish you 'i ell in your future endeavors.
Sincerely,
~d~~ Jonathan K. Allen City Manager
cc: Marie Elianor, Director ofFinanci 1 Services D'Andrea Giddens-Janes, Directo of Human Resources and Risk Management Personnel File ·
Encl
Sec. 66-43 . Discipline; cause for dismissal. (a) The following provisjons shall govern the application of discipline and cause for dismissal involving employees in the classified service: q) Basis for disciplinmy action. The following shall constitute good and sufficient cause supporting disciplinary action; provided that other actions, by commission or miss.ion, which, in the judgment of the affected department director orthe city manager,
sbcll likewise constitute good and sufficient grounds for the imposnion of disciplinary action: a. ..u::comperency or inefficiency in the performance of assigned duties. :,. Ccn.viction of a felony, or of a misdemeanor involving moral turpitude.
-:L.ful violation of any of the provisions of the Charter, Code of Ordinances, or the ~av.--ful orders o directives of the applicable department director. d. Acts or omissions which result in loss or injury to other employees or members of the public. e. Attempts to induce any officer or employee of the city to commit an act in violation of any lav.rful and! or reasonable regulation. : . Exce...w..re tardiness or absenteeism. g. lne2pa.Ciry v.rith respect to the performance of assigned duties because of a permanent and/or chronic physical or mental defect, illness or injury which cannot be reasonably accommodated in accordance \vith federal law. h. Absence ·without leave for less than five consecutive days or failure to report after a leave of absence has expired. (Absence without leave for five days is governed elsewhere i il these rules.) i. The failure to notify the appropriate depruiment director that the employee's license or certification has been suspended or revoked, should such employee's assigned duties necessitate that license or certification. j. Public conduct or conduct made known to the public, occurring either on or off duty, which reflects, tends to reflect or may reflect discredit on the city. k. Failure to report for recall or emergency duty upon request of department director or other managerial staff member authorized to make such a request or directive. 1. Inappropriate use of city work time, city property or. equipment, or city facilities. m. Fighting, horseplay, making threats toward, or harassing a fellow employee or member of the public. n. Making a false statement or report with regard to any aspect of their employment with the city. o. Any attempt to solicit or accept any money, service or other valuable consideration in exchange for information, access, service, agreement to hire, involvement in the award of city business or influence in connection vvith their employment with the city. p. The commission of any action which reflects, may reflect or tends to reflect discredit upon the city, its officials and/or employees. q. An act of insubordination, by commission or omission, toward his superior or toward any elected official or committee of the city or toward any consultant of the city. r. The violation or continued violation of any ordinance, policy, rule or regulation of the city, irrespective of its constitutionality or validity. s. Theft, borrowing, misappropriation or attempted misappropriation of city property, either tangible or intangible.
t. Acts of encouragement or the commission of any act of encouragement directed to any person relative to the violation or continued violation of any ordinance, rule or regulation of the city, without regard to its constitutionatity or validity. · u. The V~rithholding of any right or privilege regarding municipal services wruch a citizen of the city is entitled to enjoy, because of such citizen's race, color, religion, creed, gender, sexual preference or age, unless the enjoyment of such right or privilege is withheld, obstructed or prohibited as a result of a justified concern for such citizen's welfaxe. (2) Suspension. The affected department director, with the ·written concurre.nce of the city manager, may suspend an employee v.rithout pay for disciplinary reasons, for such a length of time as he or she considers appropriate; provided that no period of suspension shall exceed ten consecutive workdays and provided further that no periods of suspension in the aggregate shaH exceed 30 workdays during any consecutive 12-month period. The department director shall provide the affected employee a written statement delineating the specific reasons upon which such suspension is based; provided that such vvritten statement shall be delivered at least 12 hours before the time that such suspension becomes effective, excluding Saturdays, Sundays and/or holidays. If, however, the department director shall determine, in his or her discretion, that it is necessary to effect a suspension of an employee without delay, the requirement of the submission of such written statement delineating the reasons supporting such suspension shall be waived, provided that such statement shall be provided within 24 hours after such suspension becomes effective. (3) Dismissal. The city manager may dismiss an employee from employment V\ri.th the city for just cause. The city manager shall provide a written statement supporting the dismissal to the affected employee. The dismissal shall take effect on the tenth day subsequent to the delivery of such written statement to the affected employee. The written statement of dismissal shall be delivered to the affected employee in person, if feasible or, should the city manager determine that the employee is unavailable, delivery may be accomplished by mail to the last known residence address of the employee as the same shall appear upon the records of the city, in which event delivery shaH be effected for the purposes of this subsection on the second day subsequent to the mailing thereof. (4) Demotion. With the prior approval of the city manager, a department dixector may demote an employee whose ability to perform the duties of his or her current position falls below acceptable standards, for disciplinru:y purposes by flling a written statement of the reasons for the demotion with the director ofhuman resources and the affected employee. Demotion can occur foi' other good cause and not be considered disciplinary action (e.g. when employee voluntarily requests a demotion). (S) Copy of section 66-43. A copy of section 66-43 shall be provided to the employee at
·the same time that they receive the notice of disciplinary action. (Code 1972, § 7-23; Ord. No. 676, § 13, 3-2-19S2; .0rd. No. 08-16, §§ 2, 3, 5-27-2008)
Sec. 66-44. Discipline appeal procedure. Any dispute between the city and an employee involving the disciplinary demotion, suspension, or dismissal of that employee shall be resolved in the following manner: (1) Employee 1S appeal to the department director. If an affected employee wishes to appeal discipLinary action taken against him or her, such employee shall submit a
statement ill writing to his or her department director Virithin five business days of the date on which W1itten notice of the disciplinary action was provided to the employee, \vhich statement shall set forth in detail the substance of the employee's contention that the disciplinary action is not warranted. If the employee does not submit their appeal within the time constraints outlined above (or move their appeal through the subsequent steps outlined in this section v..rithin the deadlines prescribed), the employee shall have no further rights w pursue their appeal of the discipl:inary action. (2) DepartmenJ director 's review of the appeal. a. Upon timely receipt of a statement appealing disciplinary action from the affected employee, the department director shall consider the information presented by the affected employee and assess the merits of such petition. b. If the department director, after due deliberation, is of the opipjon that su:fficiem reasons exist to reassess the fairness or appropriateness of the disciplinary action, the department director shall consult with the director of human resources and the city manager, or the city manager's designee, to determine an appropriate course of action. T'ne employee shall be notified in writing of the decision to overrurn or modify the Giscipi:aary acticn w!tbin ten business days of receipt of the employee's appeal.
. :: fue depanment director, after due deliberation, determines that no legitimate ~ev-ance e..xlsts, he or she shall provide the employee a written statement of the departmem G:rect r's findings within ten 10 business days of receipt of the employee's appeaL d.. If !he depar:mem director does not render a decision in V>'riting within the time deadt.ne ?rescriberi, the disciplinary action shall be voided. {3) E.mplo-_,;ee s :ght ro appeal ro the city manager. If the department director 'erern:lliies that no legitimate grievance exists and the affected employee disagrees v.ri.th
such finding, ~e employee shall be entitled to submit their appeal in writing, together wi:h the deparn:::lent director's findings and recommendations, to the city manager. Such submission shall be made within five business days of the date the department director provided the employee with a decision on the employee's appeal of disciplinary action to the depcu--tmem director. The city manager, after due deliberation, shall make a decision on the !llerits of the appeal and notify the employee of that decision in writing within ten business days from the receipt of the employee's their appeal of the depmiment director's decision. (4) Employee 's right to appeal to the civil service board. a. If the city manager fails to provide the employee with a decision within such ten business days, or if the employee does not accept the city manager's decision, the employee shall be entitled to appeal the discipline to the civil service board. That appeal must 2-e Bed i..11. writing with the director of human resources within five business days of the city manager's decision or, if the city manager fails to render a decision, within 15 business days after the employee timely filed his or her appeal to the city manager, whici:l.ever first occurs. The director of human resources shall provide the members of the civil service board a copy of the employee's appeal, together with copies of the original &scipline documentation and the department director's and city manager's decisions :-ega;ding the employee's appeal of the disciplinary action.
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b. The civil service board shall hold a hearing on the question as soon as practical but within 3 0 calendar days from the date of receipt of the employee's appeal to the board. If the board is unable to obtain a quorum during such 30 calendar days, the time limitation shall be e:;..'iended for an additional 30 calendar days. The board shall determine whether or not the removal, suspension or demotion of the affected employee was appropriate in accordance with the provisions of this section, and the board's decision thereon shall be final and binding on the city and the affected employee. (5) Hearing. Upon receipt of any appeal submitted in accordance with the terms of this section, the board will cause a hearing to be set and shall advise the affected department director, the director of human resources and the affected employee of the date, time and place of such hearing. At such hearing, the board will take evidence from the parties through a quasi-judicial proceeding. The city, through its designated representatives, shall present a statement regarding the city's position, including but not limited to any action taken, together with the factual and legal basis therefor, and any witnesses or substantive evidence in support thereof. The appealing employee shall provide his or her statement in rebuttal thereto or in contravention thereof, together with the factual and legal basis therefor, and any witnesses or substantive evidence in support thereof. Such hearing shall be conducted without the necessity of abiding by the formal rules of evidence or other judicial procedures, but the board chair shall insure that ail parties enjoy substantive due process rights and a fair opportunity to be heard. Evidence shall be freely gjven and taken. Thereafter, but not more than ten calendar days following the conclusion of the proceedings, the board shall render its decision to the city manager ·with copies also provided to the affected department director, the director of human resources and the affected employee. The decision of the board on matters regm·ding dismissal, suspension or demotion shall be final and binding on the city and the employee. (6) Delive1y of submissions. All submissions to be made under this section shall be made by personal delivery or certified mail, return receipt requested, to the party intended to receive same. Delivery shall be deemed effective upon receipt. (Code 1972, § 7-24; Ord. No. 676, § 14, 3-2-1982; Ord. No. 98-24, § 13, 11-4- 1998; Ord. No. 08-16, §§ 2, 3, 5-27-2008) Sees. 66-45--66-70. Reserved.
