Free Response in Opposition to Motion - District Court of Arizona - Arizona

Case 2:04-cv-00289-IVIHI\/I Document 49-3 Filed 11/21/2005 Page 1 0f4 E

I , I “ · ’¥i#=`E··3+*; I ` J 7: I I E .. I
* A ‘ ; I City of Phoenix n _ _ ’ .
I E . _ Personnel Department . ‘
_ DISCIPLINE NOTICE A
(Classified Employees) _
Instructions: Complete through #1 Keep goldenrod for department control. Hand-carry the white, yellow and pink copies ` .
to Law Department and Personnel Department for signatures in blocks #20-21. Complete #22-23. Give pink copy to employee
and return white and ellow to Personnel. _ ‘ ` ` " _ Z
EMPLOYEE DATA ‘ - - _ ( I _
1. NAME (Last, First, Middle · ‘ 2- s0r:lAl SFCIIRITY # Q
Peralta, Frank O. [ [ D #.00 Hp 83 . _
s. cLAss cope it 4. ctAss TITLE . R » - ` s. .oE1¤Ai¤mv1ertr it I ` I `
5030.0 Water Service Worker IVIC l Cl}, `PI; Q 3 (D I CI G8030
SDEPAHTMENT/DIVISION · U 7. EMPLOYEES HOME/MAlLlNG ADDRESS · I I
. Water Serviceslwater Distribution - (
. DISCIPLINAFIY ACTION I I ‘ I l ` l . -
- 8. DATE APPOINTED TO PRESENT CLASS: 0iI07I1991 ~ ‘ ` E
9. I SUSPENSION U I ` -: ‘ ` ·. l ..
I 10. EI. DEMOTION TO (Class Title): _ _ I 11. O DISMISSA1. —.
{Depanmenwivision): ` . R A .-_P `
wz. ar=t=EcrrvE DATE: _ _ _ B From: [ Q 0 03 ‘ -- e‘*"“‘Thm:i 02}%/O3 _ · Q (__ ,
13. Number of workhours suspended: (30) Thirty-day Suspension (240) Two hundred and Forty Hours ` I
14. EMPLOYEE STATUS lN_PFlESEN'I' CLASSIFICATION (Confirm employees correct status with Personnel Records): I _ · I i
A). E · Regular (completed probation); ENTITLED TO APPEAL G) E! Probationary in this class, but completed probation in
RIGHTS · · lower class; ENTITLED TO APPEAL RIGHTS IN .
. _ . P L LOWER CLASSIFICATION. _ - - i
B) Ei- Probationary; time in this class, combined with _ -D) El Probadoi*ia?% in this class, and combined with previous ' ,
— _- Previous class, exceeds 12 months; ENTITLED TO class, does not exceed 12 months; NO APPEAL RIGHTS ”
, APPEAL RIGHTS _ _ j · _ _ _ I .
` (E) ¤`OfI’lEl'J Probationary in this class, combined with previous class exceeds 12 months; ENTITLED TO APPEAL Fl IGHTS., · n
» ts. APPEAL Pnoceouaesl SEE REVERSE SIBE · . i . ‘
16. EXPLANATION OF ACTION I I I C ` _ _ ‘ (
_ - This notice has 1 attached a e s ` I _ . A
ENDORSEMENTS { . T
17. Supervisor ,» ion Head / ment . I Y . I
' ·’“ *" · _ · - · - _ _ I; rf dm,-· t
- - · - _ ,...... re} (
i 20- Lew Dept- - _ I A 21. Personnel ¤ pt { •·G'7 anaiger (D tege d to Dept. Head) *
Z/74 A iiwérrrr I ` AA £ °}2"af _ A! r P
23 SERV] 1rNOT1cE: _/ , - - ‘ ‘
ui:ta1Iy - Date Served: 0;/0 $1/ $3 I i i ertified Mai], return receipt requested 1
_ _ 7 _ By Whom: ¢··7:;°{,.‘»_}¢,, { EAL fz , DateMa1Ied: s 7 e
24. civil. SERVICE BOARD: _ ’ ‘ . I r
I ·_-`- A: -v == :• i'i2i,i 5; _··-- A•_ :5 . .!!_ - -|‘ O A
· - 183 OPHX scam sev. sos _ =

` Discipline Notice Attachment—Explanation of Action
y Frank Peralta/Water Service Worker · .
A n Due to the actions described below, you are hereby suspended for l30) thirty days (240) hours.
You were given the opportunity to review and respond to the charges before a hnal decision .
was made. . _ ~ y A `
- A recent investigation, conducted by department representatives, has revealed that you have I _
- . repeatedly displayed inappropriate behavior toward your cc-worker over the course ofthe last _ l
year, despite being told by the co·worker on numerous occasions that your behavior and actions .
were unwelcome. Additionally, your supervisor counseled you that this behavior was totally _ g
inappropriate and would not be tolerated. ln fact, while being admonished, you told your
supervisor, "l know 1 [messed] up and that l shouldn’t have done that because I was told before
` I · not to do it.” ‘
On October t0, 2002. You displayed behavior that is unacceptable in the workplace. On this A
day, a co·worker was leaning over a box looking at lights for hardhats. During this time you _
grabbed your oo-worker with your hands on her neck and shoulder, shaking her. Your co- .
worker told you to stop and a Water_Distribution Supervisor told you to "watch it." You - " it
continued to shake this employee until both she and the Supervisor told you more tirmly to stop. `
The co-worker told you that she had talked to you about this before; that shedid not want you
- grabbing her like this or in any other way. You were then told by the Supervisor that your - .
‘ behavior and actions were totally unacceptable and would not be tolerated or condoned and . A .
that you were in fact, creating a very uncomfortable working environment. You then told the -
P Supervisor that you had apologized to your co-worker in her office. You were again instructed g
_ -that you were to leave your co-worker alone and not to do something like this ever again. You - ._ .
again apologized and stated that it would not happen again. ` ‘
n On March 20, 2001, you attended Civil Treatment tor Employeest a course that was mandatory x
- for all Water Services employees. _You received information regarding acceptable and . · i
appropriate forms of conduct that ensure a workplace where everyone will feel comfortable and
able to perform theirjobs. Additionally on March 30, 2001 , you received the Water Services T
_ A Department Official Rules, Regulations, Directives, Policies and Procedures Manual which
_ included copies of Administrative Regulation A.R. 2.35A Sexual Harrassment and A.R. 2.35B _ f
General- Harassment. _ Q
The City is committed to providing a sate, hostile-free workplace for employees. You were given
an opportunity to respond during the investigation. Your response has been reviewed in detail.
' Given the facts stated above, the City concludes that your actions have violated the following
Personnel Rules: ` f
‘ 21bl - "T hat the employee is incompetent or inefficient in the performance of their duties?
21 b2 - “T hat the employee has been abusive or threatening in his attitude, language or conduct _ ;
to his fellow employees, customers of the City or the public? _ A
Case 2:04-cv-00289—IVIHI\/I Document .49-3 Filed 11/21/2005 Page 3 of 14831PHX

· - — c if ·A· I h l l · .
21 b3 - "That the employee has violated any lawful or official regulation or order, or taiied to obey
. any Iawfui and reasonable direction given them by their supervisor, when such violation
or failure to obey amounts to insubordination or serious breach of discipline which may
- reasonably be expected to result in lower morale in the organization, or to result in loss, `
_ inconvenience, or injury to the City or to the public? ` »
i 21b7 - "T hat theiempioyee, through negligence nor willful conduct, has caused damage to public _ .
properly or waste of public supplies or work time."
- 211118 -"T hat the employee has been guilty ot any other conduct of equal gravity to the reasons
enumerated in 21b1 -21 b‘l7.” · g
t Any further violations of management directives, Personnel ruies or Administrative Regulations ;
— will result in progressive discipline up to and including termination of your employment.
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Case 2:04-cv-00289-MHM

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