City of PhoenixTo:

From:

Marquita BeeneEqual Opportunity Department Investigator

Phillip Roberts, SergeantSouth Mountain Precinct

Date: February 4, 2010

Subject: HOSTILE WORK ENVIRONMENT

Wikipedia defines a Hostile Work Environment as the following:

1) A hostile work environment exists when an employee experiences workplaceharassment and fears going to work because of offensive, intimidating oroppressive atmosphere by the harasser.

On December 29,2009, I went on an extended leave of absence from the PhoenixPolice Department under the Family Medical Leave Act (FLMA). This occurred whileunder a doctor's care and I was diagnosed with extreme stress. I will not go intospecifics of my medical condition since is it protected information and the City ofPhoenix is not entitled to it.

However, make no mistake, this is completely caused by the on-going retaliatoryactions perpetuated by supervisors on the Phoenix Police Department. It is furtherexacerbated by the inaction of governmental officials outside the Police Department tostop the retaliation and to simply standby and observe while the retaliation occursunabated.

This retaliation has affected my physical health, caused extreme stress, demoralized myoutlook and has affected my core values for years to come along with other aspects ofmy life which I will not discuss at this time. Although my standards of right and wrongand truth and justice will always remain the same, my belief is that some members of anastute organization such as the Phoenix Police Department do not have the ability todifferentiate these differences.

Commander George Richards of the Professional Standards Bureau once told me thereare officers on the Phoenix Police Department that "must shave in the shower" becausethey are unable to look at their own reflection in the mirror. I could not agree with thisstatement more.

Instead of doing the right thing, my belief is that some members of the Phoenix PoliceDepartment have clouded their judgment in these areas for their own self-gratification,future career goals and plain, simple arrogance. As I stated before in a previousmemorandum, their judgment has changed over the years from "lets do the right thing"to "what's in it for me."

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During these past months I have been attacked by virtually every supervisory rank inthe Phoenix Police Department. I have had my name falsely slandered and liabled tothe news media and even had hostile e-mails sent to me from "anonymous" sourcesdiscussing my divorce my family and other personal aspects of my life.

I have been described as "anti-management" by command staff officers, embarrassedin the presence of my own detectives and "removed" from my office even when anotherPhoenix Police Commander advised against doing so because it would beembarrassing.

I have been subjected to three internal investigations and had the worst monthlyperformance notes in my 24-year career issued to me, all since filing an EEO complaint.I have been unjustly removed from my position as the senior Robbery Sergeant andbeen sent to a 3rd shift patrol squad.

Ms Beene, trust me when I tell you that these actions are just the tip of an icebergnamed "EEO Retaliation."

In an attempt to have these retaliatory actions stopped against me, I appealed to theIntegrity Committee of the Phoenix Police Department for help and protection. What Iwas told is that they would not help me even though it is stated within their own writtenpolicies that they have power to investigate these matters. One of the official responsesfrom a representative of the Integrity Committee was "I feel your pain."

Amazingly enough, the Integrity Committee violated its own policies and released myconfidential memorandum to the Police Department, which subjected me to even moreretaliation. When I brought this to the attention of the Integrity Committee, an attemptwas made to blame former Assistant City Manager Alton Washington for releasing theconfidential memorandum to the Police Department but no apology was ever given tome.

Instead, the official written response from the Integrity Committee, authored by Mr.Randy Spenla the City of Phoenix City Auditor, was copied to Public Safety ManagerJack Harris, again a violation of the committee's own protocols for confidentiality.

It should not be a surprise to anyone that during the time period in which Public SafetyManager Harris received the letter, I was immediately placed under yet another internalinvestigation (the 3rd internal investigation since filing an EEO) and was slated to be

. permanently removed to 3rd shift patrol.

On January 11, 2010, I was transferred to a South Mountain Precinct Patrol Squad.This occurred even though I was under the protection of the United States FederalLabor Department's Family Medical Leave Act (FMLA). I predicted to my attorney Mr.Michael Napier, this would occur based of the behavior of the command staff of thePhoenix Police Department because they have consistently operated in an "omnipotentfashion" since these events occurred.

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In my belief after 6 months of on-going retaliation, certain members of the CommandStaff and Executive Command Staff of the Phoenix Police Department are finallycoming to the realization that they have acted wrongfully in these actions.

Now, instead of trying to correct the misbehavior, they are attempting to do "damagecontrol" and limit liability to include vane attempts to justify their own actions. This isproven by a macabre attempt to place statements in Detective Terry Yahweh's yearlyPerformance Management Guide (PMG) discussing a still on-going internalinvestigation.

This is a clear violation of Arizona Revised Statues 38-11 01.K. However, the PhoenixPolice Department attempts to justify their actions by stating that "if Terry's PMG wereever released to the public, we would simply redact that portion of the PMG describingthe on-going investigation."

This is totally ridiculous in an astronomical sense. If that is the case, then the policedepartment could place virtually anything it wanted to in anyone's PMG and simply givethe excuse that it will redact the information if the public requests a copy.

Are criminal investigations, divorce proceedings, medical conditions or past irregularitiesnext to come in ones PMG? Will we now discuss every single "Use of Force"investigation, PSB Investigation or EEO Investigation that is on-going in every officer'sPMG or just Detective Yahweh's?

The obvious question that people will ask is "will internal investigations be mentioned inLieutenant Burgett and Messina's PMG as well?" I have a more interesting question.

Will the PMG's of Commander Faulkner, Commander Handy and Assistant Chief Pinahave statements that they are the subjects of an on-going EEO RetaliationInvestigation? Will other officers not even part of these specific investigations but theirown separate investigations have statements mentioned in their PMG's such asLieutenant Joe Knott?

Perhaps the department intends to discuss only on-going PSB Investigations and notCity EOD Investigations? If this is true then I will assume that dinking alcohol at aPolice Airport facility will be mentioned in Commander Handy, Commander Harvey,Lieutenant Miiller and Sergeant Crump's PMG even if the investigation is not complete.

My mother used to say, "what's good for the goose is good for the gander." If DetectiveYawhew's PMG has this statement placed in it then everyone must fall under the samestandard. If not and it is only Detective Yahweh (and perhaps myself) and we are EEOvictims, then are we not being treated differently?

Ms Beene, isn't that called ... "Retaliation."

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As you are aware Ms Beene, on August 3, 2009, I filed an EEO complaint againstLieutenant Laurel (Lauri) Burgett. The following day she was heard in the hallways ofthe Violent Crimes Bureau saying "if Phil thinks he has a lot of shit on me, I have a loton him." This is clearly a retaliatory statement made by an EEO perpetrator about anEEO victim.

Lieutenant Burgett was also heard saying that she had already met with you and thatyou had assured her that the investigation was baseless. Both of these statements thatwere said were heard by Sergeant James Bracke, at the time my peer in the RobberyUnit.

Less than two weeks later, Sergeant Paul Kim who is currently a ProfessionalStandards Bureau Investigator, approached me and told me about a conversation hetoo had with Lieutenant Burgett.

Sergeant Kim said that Lieutenant Burgett was stating to him that she had already metwith both Commander Faulkner and Assistant Police Chief Pina about the EEOcomplaint. This alleged meeting took place in Assistant Chief Pina's Office where heallegedly told Lieutenant Burgett that the EEO investigation was already over for allintensive purposes over. That the investigation had no merit or basis and that shewould be cleared of any wrongdoing.

Ms Beene, these statements are not rumor or gossip or innuendo. Both SergeantsBracke and Kim avow that Lieutenant Burgett made these statements directly to themand are willing to describe the events to the proper investigative authority.

After hearing about these statements, I authored an e-mail to you describing LieutenantBurgett's alleged contact with you. Several days later I also wrote a memorandum tothe Executive Assistant Police Chief Joe Yahner describing the possible meeting withCommander Faulkner and Assistant Chief Pina.

In return, you sent me an e-mail assuring me that no such meeting between LieutenantBurgett and yourself took place and not to overact to statements she may say pertainingto the investigation. Your response was professional and courteous and I felt betterafter hearing from you. However, Assistant Chief Pina's response was quite different.

The following day after authoring the memorandum to the Police Department, I wassummoned to Assistant Chief Pina's Office. He was clearly angry and chastised me forlaunching the EEO investigation in the first place and openly complained in thepresence of Commander Faulkner that the EEO investigation would take 6 months tocomplete and he was upset with that.

Assistant Chief Pina then made statements to me such as "you're digging yourself ahole" for bringing forth the EEO complaint and that if any more memorandums "crossmy desk" alleging policy violations that I would be removed from the Robbery Unit.

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The reasoning from Assistant Chief Pina for my possible removal was because it wouldbe a disruption. I told Assistant Chief Pina that as the senior Robbery Sergeant, therewas no disruption in the Robbery Unit. Assistant Chief Pina told me that the disruptionwould not be within the Robbery Unit; the disruption would be with him. He complainedthat when events such as the one I was bringing forth make it outside of his realm ofauthority they are a disruption to him. Assistant Chief Pina said that "when my boss(Executive Assistant Chief Yahner) has him address a memorandum from me alleging apolicy violation it is a "disruption" to him (Assistant Chief Pina).

The nature and content of the meeting was not a misperception on my part. I can saythis because the following day, the Phoenix Police Sergeants and LieutenantsAssociation (PPSLA) Labor and Grievance Chair persons met with Assistant Chief Pinaon an unrelated matter.

Both Lieutenants Pat Tortoricci and Dave Adams of PPSLA told Assistant Chief Pinathat after yesterdays meeting with him I was very disheartened. Assistant Chief Pinatold both PPSLA Representatives "yeah, he probably was a little intimidated."

Both of these lieutenants later told me that if needed they would describe thisconversation with Assistant Chief Pina to the proper investigative authority and hiscomments that the meeting was "intimidating."

Ms Beene, I am not going to describe the entire series of events that have occurredsurrounding these investigations since August 3, 2009. However, I wanted to refreshyour memory on these events to describe a new incident that arose that I am sure youare not aware of.

Ms Beene, the reason for bringing this to your attention again is not to "re-hash" oldmemorandums or events. Itis to lay the groundwork for a very serious situation that willbe described below involving one of the highest officials in city government.

Ms Beene, both Assistant Chief Pina and you stated that you had never met withLieutenant Burgett and discussed the EEO investigation prior to August 17, 2009. BothAssistant Chief Pina and yourself said this never occurred even though LieutenantBurgett stated she had met both of you and discussed the investigation.

Ms Beene, incredibly enough this type of action still continues from Lieutenant Burgettto this very day. She continues to state that she has discussed both the EEO complaintand the related hand grenade investigation with very high-ranking members within citygovernment. I make no testimony of fact that these meetings either did or did not occur.Furthermore I am not reacting to rumor or gossip.

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What I am reacting to is the very fact that Lieutenant Burgett continues makes thesestatements to my peers and co-workers on the department and mocks the veryallegations I have brought forth. Whether true or not, these statements are hurtful andaffect my ability to do my job and cause me undo stress.

Ms Beene, I know for a fact that Lieutenant Burgett has now brought in the name ofMayor Phil Gordon into this investigation. Make no mistake, I have not done this,Lieutenant Burgett has.

I know for a fact that Lieutenant Burgett has told both Lieutenant Greg Carnicle of theSpecial Assignments Unit and Sergeant Alex Ortiz of the Home Invasion KidnappingEnforcement (HIKE) Squad that she has personally talked with Mayor Gordon aboutthese investigations. Lieutenant Burgett told these supervisors that Mayor Gordonpersonally reassured her on at least the hand grenade investigation and possibly theEEO complaint as well that she had nothing to worry about.

In addition, Sergeant Ortiz made the statement that Lieutenant Burgett had told him thatMayor Gordon had actually apologized to her for the ordeal in the hand grenadeinvestigation and all of the trouble that occurred to her because of it. This occurredeven though one of the PPSLA Representatives in this matter, Sergeant ChrisAbousaffy, has yet to receive the preliminary "green book" on the investigation.

If this occurred, union officials tell me that this would be a violation of the City Charterfor the mayor to get involved in internal investigations and may have to be addressed bythe full city council.

This is an outlandish statement to make, alleging that the actual Mayor of Phoenixwould take time out from his day to reassure a perpetrator in an EEO investigation thatshe had nothing to worry about even when the actual hand grenade investigation itselfis not complete.

Will Lieutenant Burgett now be investigated for making these statements to members ofthe Phoenix Police Department? Will Mayor Gordon now be called into a sworndeposition and deposed by Mr. Napier's legal team? Whether Lieutenant Burgett islying or not, her statement to others that it occurred brings into play several interestingmembers of city government for potential testimony in future court proceedings.

Ms Beene, Lieutenant Burgett made the statement that she met with you about the EEOcomplaint and you had not. Lieutenant Burgett made the statement that she met withCommander Faulkner and Assistant Chief Pina about the EEO complaint and perAssistant Chief Pina no meeting took place. Now, Lieutenant Burgett states that shehas discussed either the EEO complaint or hand grenade investigation with Mayor PhilGordon.

Enough is enough.

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On each and everyone of these statements that I have brought forward allegingretaliatory statements by Lieutenant Burgett, I have provide the names or witnesses thatwill back up the facts that she made them.

I have the utmost respect for Mayor Gordon and would find it difficult to believe that hewould personally become involved and interfere with an on-going investigation in thesematters. However, at this point these statements relayed by Lieutenant Burgett mustbe told to my legal council.

Ms Beene, I would encourage you to ask Lieutenant Carnicle and Sergeant Ortiz ifLieutenant Burgett made these statements. The facts will stand for themselves. Again,I am not saying the conversation took place between Lieutenant Burgett and MayorGordon ... Lieutenant Burgett is, to at least several people.

If the Phoenix Police Department would have simply followed my advice and removedLieutenant Burgett in mid August of 2009, like I suggested, Mayor Gordon would notnow be brought into this investigation and subjected to a possible sworn deposition bymy legal team. Instead arrogance prevailed ... as it always has.

Ms Beene, this week I will be asking for numerous public records requests on numerousdocuments including the monthly notes and the PMGs on Lieutenant Burgett. My beliefis that there will not be a single statement in any of them pertaining to her making"possible" erroneous statements about meetings with high-level officials on thesematters. Despite her own chain of command being notified of these false statements, Idoubt any official entry was made.

The issue is very clear to me. Either Lieutenant Burgett is lying when she said that shemet with Mayor Gordon and other officials or Lieutenant Carnicle, Sergeants Bracke,Ortiz and Kim are lying when they state that she has made these statements to them.

In either case someone is Iying ... repeatedly. In all of this there is only one centralcharacter. The same individual who remains in her position after all of this and is nowrumored to be threatening her own civil lawsuit with possible representation of AttorneyGrant Woods.

It is these types of actions that perpetuate a hostile work environment and make itimpossible to carry out my tasks as a sergeant. How can I function when LieutenantBurgett mocks and makes incredible assertions about the very investigations she isbeing investigated for and brought forth by myself? These incredulous statements aremade to my peers and other officers on the department and affect my ability to do myjob.

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Worse than that, the command staff of the Phoenix Police Department allows it tocontinue. I have brought forth very serious allegations against Lieutenant Burgettincluding a class 6 felony under ARS 13-2407.A.4.

Last week the Phoenix Law Enforcement Association formally filed an Unfair LaborPractice against the Phoenix Police Department for an unreviewed, unsigned andunauthorized PMG for Detective Yahweh that ended up in the City of PhoenixPersonnel Department. It is my belief that Lieutenant Burgett orchestrated this againstthe direct orders of two police commanders.

In addition, substantial evidence has been brought forward to show that LieutenantBurgett has used her city vehicle for personal use including a photograph of the car atan unauthorized location. Even United States Civil Rights violations have been broughtforward against Lieutenant Burgett when a criminal suspect was illegal detained for over28 hours without access to legal councilor a magistrate.

All of this and she is not removed from her position. Instead, she is allowed to remain inher job and throw "41K Squad Gang Signs" and jokingly discuss my forced transfer to a3rd shift patrol squad. Now she states that Mayor Gordon has personally assured herthat no repercussion will occur to her on some of if not all of these investigations.

The only officer that has been removed in any of this is myself. Apparently when youare accused of numerous policy violations, Unfair Labor Practices, felony crimes, EEOviolations, use your city car for personal business and make outlandish statements thatthe Mayor of Phoenix has gotten personally involved in these matters, you are allowedto remain in your job.

However, when you bring forth these actual allegations with evidence to back up theseclaims and accuse certain senior members of the Phoenix Police Department of nothandling EEO victims in the proper fashion, you are transferred from your positionagainst policy and law. It appears to be a case of protecting the perpetrator andattacking the victim.

No wonder that the Arizona Attorney General's Office has made a preliminary findingthat retaliation is occurring against me from the Phoenix Police Department.

Ms Beene, it is not just Lieutenant Burgett or even Lieutenant Messina that foster thisenvironment of hostility. It comes from many different supervisory levels of the PhoenixPolice Department.

Let me articulate yet another example that I am sure you are not aware of. During thelast week of December 2009, I was notified that was being forcibly removed out of myassigned position as a Robbery Sergeant and was being sent to a patrol squad. Thatsame week Lieutenant Burgett was seen by numerous HIKE Detectives mocking thetransfer, making hand gestures (gang signs) and telling everyone "this was just thebeginning" of pending ill will towards me.

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Ms Beene, I know that you and the command staff of the Phoenix Police Departmentare already aware of this because I articulated this debauchery of leadership in aprevious memorandum in late December. What you do not know is that apparently thismemorandum "struck a cord" with at least some senior members of the Phoenix PoliceDepartment. My belief is that because of this memorandum I authored, CommanderMike Parra of the Drug Enforcement Bureau (DEB) was contacted to address this "gangsign throwing" by Lieutenant Burgett.

Ms Beene, do you know how Commander Parra elected to handle this "situation?" Thevery situation I believe he was instructed to address by the Executive Command Staff ofthe Phoenix Police Department.

Within 48 hours of authoring my memorandum to the Phoenix Police Department aboutthe 41K Gang Signs, Commander Parra called for a mandatory meeting of the HIKESquad. In attendance was Lieutenant Burgett and I believe Sergeant Ortiz.

Commander Parra told an entire Phoenix Police Criminal Investigative Squad that ifthey hear or see things pertaining to the EEO investigation or EEO retaliation that theyshould keep it within DEB. Commander Parra was then heard saying, "when it getsoutside of DEB, I have to deal with it." In addition, he made statements similar to "Icannot tell you who to have as your friends, but I would prefer that you only associatewith DEB personnel" and to leave "VCB problems over in VCB."

This is absolutely an incredible statement to make. I cannot imagine a newly hiredpolice recruit making such a statement, let alone a seasoned commander on thePhoenix Police Department.

In my opinion Commander Parra should have followed the provisions of OperationsOrders 3.14 and filled the investigative control form for possible EEO misconduct.Commander Parra then should have asked each and every employee who observedthis travesty of justice "if they were offended" and to take appropriate action if they were.

Did this occur? No. Commander Parra held a group meeting and included the actualperpetrator herself (Lieutenant Burgett) in attendance, fostering an atmosphere ofretaliation and intimidation.

Ms Beene, let me ask a hypothetical question. Lets suppose that there was a HIKEDetective that observed Lieutenant Burgett's childish behavior over the "41K Gang sign"event and her statements that afternoon. Lets suppose that same detective either hasbeen or is going to be a witness in an EOD, PSB or civil lawsuit in this matter. Letscontinue with the discussion and assume that the same detective knows that I am anEEO victim and Lieutenant Burgett is the EEO perpetrator against me.

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Having Lieutenant Burgett in this meeting and having Commander Parra makestatements that observed misbehavior concerning the EEO investigation should remainhidden and within the confines of DEB in my opinion "taints" a possible fair investigationand/or civil trial that maybe brought forward.

Ms. Beene, do you agree? Is it an EEO violation and when an EEO perpetrator mocksand jokes about an EEO victim in the work place? If so, then why did not CommanderParra follow Operations Orders 3.14? Is Commander Parra now a perpetrator himselfin EEO Retaliation? Should he now receive an EOD Notice of Investigation toinvestigate his actions?

If you agree with any of this, then who now "re-contacts" the HIKE Squad (which shouldhave been done in the first place) and fixes this travesty? Who will now "re-contact" theHIKE Squad and ask them if not only Lieutenant Burgetts behavior but now CommanderParra's behavior offends them? Hopefully, if will not be Commander Parra that will dothis.

Could it be Assistant Chief Pina since he is Commander Parra's supervisor? I cannotsee how it could Assistant Chief Pina since he is already under an EOD Notice ofInvestigation for EEO Retaliation.

Perhaps it will be either Lieutenants Collins or Potts since they work in DEB. I find thisdifficult since their supervisor is Commander Parra. What if a detective tells eitherLieutenant Collins and Potts that "Yes, I was intimidated by Commander Parra and I feltoffended by Lieutenant Burgett's actions in December." Do Commander Parra'ssubordinates inform him of this?

Perhaps the Phoenix Police Department will simply ignore Operations Orders 3.14.

This whole meeting was directed to discuss the information relayed to me by HIKEDetectives about Lieutenant Burgett making the hand gestures. It was made perfectlyclear by Commander Parra to an entire squad of detectives that when you observeLieutenant Burgett or anyone else making statements or gestures that are derogatory orretaliatory in fashion towards an EEO victim, you should not let the information getoutside the confines of DEB. Why? Because then Commander Parra will have to "dealwith it."

I know this because several detectives who were at the meeting told me that is whatthey took away from the meeting. This was a clear attempt to stop detectives and myown friends in the HIKE Squad from reaching out to me and advising me of outlandishbehavior from Lieutenant Burgett.

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The statement that VCB problems should remain in VCB is a ludicrous statement tomake. Perhaps Commander Parra forgot that it was his own lieutenant that exited heroffice in DEB and not VCB and walked into a detective cubical area of DEB. This samelieutenant then threw "41K Gang Signs" mocking an EEO victim which occurred not inVCB but within his own bureau of DEB. It was Commander Parra's lieutenant that saidthat this was "only the beginning" of retaliatory action to come my way and was said topotential witnesses in this case who had not even been interviewed yet.

According to Commander Parra, none of this is a "problem" and the only problems thatexist are in VCB where I was assigned. What type of a message does this send to anypotential EEO victim or EEO witness? What type of message does this send to me?

Closing

The problem has never been with the EEO victims in this case. Both Detective Yahwehand I have attempted to do the right things and report EEO violations, policy violationsand Unfair Labor Acts. Instead, the Professional Standards Bureau has placed us bothunder internal investigations after the EEO was filed. No other Robbery or HIKEDetective has been investigated for any matter in the past 6 months except DetectiveYahweh and myself. No other Detective has been investigated for Case Managementdespite some detectives having "open" cases since 2007.

My belief is that Lieutenant Burgett still has not been investigated for using her cityvehicle on personal business despite myself being placed under investigation for a 10minute test-drive of a -new car, 8 months ago, not identifiable as a police officer and onmy lunch hour. This was "officially" brought to light by PSB on December 15, 2009 andI received an Notice of Investigation the following day. What is the purpose for such anaccelerated investigation against me when substantial allegations against LieutenantBurgett (far more serious than test driving a car on my lunch hour) sit in limbo?

Only I have had my name slandered and Iiabled to the news media by members of thePhoenix Police Public Affairs Bureau where it was said that I was "passed over" for theHIKE squad in 2009. This was given to the news media as a plausible explanation onwhy I brought forth information about a botched hand grenade investigation, a deniedtransfer to a position that I have not ever applied for.

This statement caused Arizona Republic Reporter Michael Ferassi to describe me inwritten articles as a "disgruntled" supervisor. I am now a "disgruntled" supervisor forbeing passed over by Lieutenant Burgett for a position that I never applied for.

I have formally requested that Commander Chuck Miiller (the possible source of thebogus information) to contact the Arizona Republic and Mr. Ferassi and request aretraction of the statement. I even describe to Commander Miiller that the onlytransfer reguests I submitted for 2009 were to leave Lieutenant Burgett's span ofcontrol.

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Three separate transfers in 2009, all to get away from Lieutenant Burgett and the onlything that is told to the news media is of a fictional transfer request where I wanted herto stay as my supervisor and I was passed over. Is this what the Intergity Committeemeant when they said, "I feel your pain?" Some how I doubt they can feel my pain.

To this day Ms Beene, it is my understanding that neither Commander Miiller nor anymember of the Phoenix Police Department made any attempt to correct this. Instead,they would rather leave my name out to the public to be defamed and ridiculed.

Have Lieutenants Burgett and Messina's name been defamed and ridiculed by the newsmedia also? Perhaps. The difference is that it was not I that leaked, talked ordiscussed the situation with the news media. I cannot be held to blame for a "leak"within city government of restricted memorandums to the news media.

At this point Commander Miiiler will have to be deposed under a sworn deposition andasked why he refused to correct this misstatement and allowed the news to describe meas "disgruntled" when the only basis for it was falsely disseminated by the PhoenixPolice Public Affairs Bureau.

Ms Beene, I feel that there is a false sense within certain members of the hierarchy ofthe Phoenix Police Department that I am the one who keeps "pushing" these retaliatorymatters. Anyone who thinks is clearly numb to the facts of what is occurring.

• Lieutenant Burgett makes open statements to witnesses that she has beenassured by high raking officials in city government that the EEO complaint andrelated complaints are baseless. This now includes Mayor Phil Gordon.

• Lieutenant Burgett makes hand gestures and jokes about my transfer to a 3rd

shift patrol to detectives who may be potential witnesses in these investigations.• Commander Miiller makes false and erroneous statements to the news media

about my transfer history with the Phoenix Police Department and refuses tocorrect it.

• Commander Parra has a mandatory meeting with the HIKE Squad where he tellsthem that if they observe EEO and/or EEO Retaliation concerning my case to"keep it in DEB" or he has to "deal with it." -

• Detective Yahweh and I have both been placed under NOI the following monthafter filing an EEO complaint against Lieutenant Burgett. No other Detective isplaced under investigation.

• I am ordered by PSB to disclose every policy violation that I am aware ofpertaining to Lieutenant Burgett or other related matters. When I follow thisorder I am accused of "being out of control" for following PSB's orders to beginwith.

• PSB Lieutenant Henry discloses to me that command staff members of thePhoenix Police Department have been meeting discussing my personal lifeincluding a divorce with my ex-wife 3 years ago.

• Commander Handy tells me that I have been described as anti-management bymembers of the Phoenix Police Executive Command Staff.

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• Commander Handy tells me that whether I am the source of the "leaked"information or not, it does not matter because there were Executive CommandStaff Officers that still felt I was.

• I was ordered to remove all of my belongings from my Robbery Office onNovember 6,2009, almost 2 months before my temporary transfer was to haveexpired at Squaw Peak Precinct. To this very day my office sits vacant but noone "apparently" has no explanation as to why the move was called for in the firstplace.

Ms Beene I could go on for several more pages but these are all statements that I havesaid before. I have completely given up on the Phoenix Police Department to stopthese on-going retaliatory attacks. I have given up on the Integrity Committee to stopthese attacks. I have given up on the City of Phoenix to stop these retaliatory attacks.

So why do I continue to author these memorandums and will continue to do so in thefuture? Someday, someone will have to answer for all of this. I do not attest that all ofmy actions have been correct or perfect in these matters. What I can say for certain isthat my actions have always been based on the organizational guiding values of thePhoenix Police Department and the men and women who serve.

Wikipedia defines a Hostile Work Environment as the following:

1) A hostile work environment exists when an employee experiences workplaceharassment and fears going to work because of offensive, intimidating oroppressive atmosphere by the harasser.

I define it as the Phoenix Police Department.

Phil Roberts

Copy: Lt. Larry Jacobs, PPSLA RepresentativeOfc. Dave Kothe, PLEA Labor and Grievance Chair PersonLieutenant Linda Meraz, Professional Standards BureauCity of Phoenix Integrity Committee, City Managers OfficeArizona Attorney's General's Office, EOD SectionMaricopa County Attorney Andrew ThomasUnited States Department of Labor