. ‘ P-- we . I `I V .—- °·I A
. . City of Phoenix - A
- ‘ - Personnel Department P I
‘ DISCIPLINE NOTICE `
(Classilied Employees) I ‘ I
Instructions: Complete through #19. Keep goldenrod tor 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. _ I -
. EMPLOYEE DATA I ' I -
1. NAME (Last, First, Middle ` 2. SOCIAL SECURITY it
IFaveIa, Frank <
3. CLASS CODE # 4. CLASS TITLE _ " 5. DEPARTMENT it · ‘
5081.0 ‘ Water Distribution Supervisor 1 68030 -
6. DEPARTMENTIDIVISION I 7. EMPLOYEES HOMEIMAIUNG ADDRESS ‘ L
Water Serviceslwater Distribution I _
- DISCIPLINARY ACTION- I ` U I l ' U A
8. DATE APPOINTED TO PRESENT CLASS: 02I08.r‘1999 `
9. ie SUSPENSION U . A
· zo. ct oemorzon ro (crass rms}; GDMADEIBHAOB Thr"; <>·+1¤¢·¢¤r»‘ 11. u orsmissin. - -
. - . . . oqi:.1 los oeloilvs I -
(Departmentltlrvisron). . . I .,
. . - - QS It I II__ I I 05 IWO3 g
12. EFFECTIVE DATE: From:--ie tf -- `†Thru: Q O2 @3 -- ·—-- -
· _ ` - , I .3%;.. I - L5 --»- T? - ·` ... . _____ .._... _ _ ` . i
13. Number ot work hours suspended: (30) Thirty-day SuspensIonr_(2£r0) Two hundred Forty. Ijto].r1:s‘ *‘fI_I
14. EMPLOYEE STATUS IN PRESENTACLASSIFICATION (Confim1'employee’s correct status with Personnel Records): A A · .
A) M Regular (completed probation); ENT ITLED TO APPEAL C) I3 Probationary in this class, but completed probation in ` I
RIGHTS · lower class; ENTiTLED TO APPEAL RIGHTS iN- - =
V I LOWER CLASSIFICATION. I
B)- EI Probationary; time in this class, combined with D) CI Probationary in this and oornbiried with previous
Previous class, exceeds 12 months; ENT ITLED TO ` class, does not exceed 12 months; NO APPEAL RIGHTS V I-
APPEAL nie:-irs. . . I --i - - i' - · ‘ · - i .
- P III Other: I · _ _ I ` y v
rs. APPEAL PROCEDURES: · SEEREVERSE SIDE ~ ·
16.- EXPLANATION-OF ACTION A I l _ U
A This noticehas 1I A attached a e s ‘
ENDORSEMENTS .·§-’ II I_ , jr
1; _S,1;pervIsor 18. Digtston Head ` 1*% lifepartm I·lea_g-..;.__ _ I I
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20. Law Dept.I _ I 21f Personnet Dept. I II I Manager (Qeiegated to Dept. Head) ` l
F fj ih ·: I ,;: · ’,__.»·*f _£I5_ I }f=:_ IIE}?
· 23 SERVICEPOFNOTICE: . ,.` f‘ " *‘ h I ‘—’ " r i i ` ‘ ·
¤"fP€I‘S0l13.u]’ -Date Served: _,..-·;z—~""" fr si __ _ ____ D éertdfied Mail, retum receipt requested f
By Whom: J. P" .·-" r }=’=}-i :’ Ja Y ·‘ { E- I Date Mailed: .
24. CIVIL SERVICE BOARD: I `
l __ . gr _ gg ;g ll-tl !g__n1• 4• -• O P& 92Oi¢l-3 U?
` Gl}-21D Rev. EB .
- . 1297PHX -
I Discipline Notice Attachment? '`-'— `ilanation of Action A _ ;
_ Frank Favela/Water Distributitd. Supervisor I ` — { _ ‘ . "
Due to the actions described below, you are hereby suspended for (30) thirty days (240) hours. You were ,
` given the opportunity to review and respond to the charges before a final decision was made.
During an investigation into an incident that occurred between two of your employees, it was found that U _ -
- you have consistently ignored unacceptable and unwelcome behavior from a Water Service Worker
*Specialty toward a Support Service Aide, even alter witnessing the incidents yourself. ‘
h Your Support Service‘Aicle has reported that you have been present during such times that a Water _
_ Service Worker *Speciaity has created an uncomfortable work environment. You have tailed to control .
_ ‘ the `situations, allowing the environment to continue to be uncomfortable for the Support Service Aide. -
The Water Service Worker *Specialty has continued this unacceptable behavior for approximately one L
i year including such actions as: placing, the Support Service Aide in a headlock (around the neck), giving A
_ —her bear hugs over the upper torso and head, and, while in your office and the Water Distribution
Foremarfs ofhce,grabbing her by the thighs, and at other times around the waist, and sitting her on his · -
·_ lap. On one such occasion, after you hadwitnessed the later, you placed your hands over your eyes, as
` if you did not want to witness the incident. · — ' -
_ _ As a Supervisor it is your responsibiiity to ensure a safe working environment for your employees. _ When
you fail to act in situations such as these it leaves your co—workers and subordinates with the belief that . ‘
the behavioris acceptable. You attended Civil Treatment for Managers on October 4, 2000. You were -_ as
taught in this class about the requirement of your Duty to Act in situations such as this and were made
aw_are ofthe City of Phoenix Administrative Regulation 2.35 (A) and 2.35 (B) outlining your responsibility
` ‘ as asupervisor regarding Sexual and General Harassment Further, you have attended numerous _other ‘ `
_ _ classes on Zero Tolerance and Sexual Harassment and leamed of your responsibility as a Supervisor for r ‘
t · · the City Of Phoenix. - _ ‘ _
_ During a conversation between you and the Support Service Aide, she informed you that she would be
talking to the Water Service Project Coordinator. She said she wanted you to know she would be sharing
, . all of the information about incidentsthat have occurred by the Water Service. Worker *Specially to her. .
You told the Support Service Aide that she needed to tell the truth and that if you received a reprimand for r
_ the incident you would "tal
a Given the facts stated above, the City concludes that your actions have violated the following Personnel
Rules: _ · · ,
' 21 bt - "That the employee is incompetentor inefficient in the performance of their duties." . _
21 b2 - "That the employee has beennabusive or threatening in his attitude, language or conduct to his t
_ fellow employees, customers of the City or the public.? ' . -
‘ — 21 b3 - "i'hat the employee has violated any lawful or official regulation or order, or failed to obey any p ‘
` Iawfui and reasonable direction given them by their supervisor, when such violation or failure to
- · obey amounts to insubordination or serious breach otdiscipline 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" ` . , ‘_
2lb? — "That the employee, through negligence or willful conduct, has caused damage to public property l
or waste oi public supplies or work time." .
21 b1 8 - “That the employee has been guilty of any other conduct of equal gravity to the reasons
enumerated in 2t bt -21 b1?.' . j
Any further violations of-management directives, Personnel rules or Administrative Regulations will result E
in progressive discipline up to and including termination of your employment. ’
Case 2:04-cv-00289—lVIl—ll\/I Document 49-2 Filed 11/21/2005 Page 3 otA,§98PHX
I Discipline Notice Attachmentirmvilanation of Action L I _ ,
_ Frank Favelalwater Distributitu. Supenrisor I ` — ‘ .
_. Due to the actions described below, you are hereby suspended for (30) thirty days (240} hours. You were _
given the opportunity to review and respond to the charges before a final decision was made.
During an investigation into an incident that occurred between two of your employees, it was found that l _ A
- you have consistently ignored unacceptable and unwelcome behavior from a Water Service Worker
*Specialty toward a Support Service Aide, even after witnessing the incidents yourself. -
i Your Support Service‘Aide has reported that you have been present during such times that a Vt/ater _
_ Service Worker *Specialty has created an uncomfortable work environment. You have failed to control i
_ ‘ the `situations, allowing the environment to continue to be uncomfortable for the Support Service Aide. - f
The Water Service Worker *Specialty has continued this unacceptable behavior for approximately one
_ year including such actions as: placingthe Support Service Aide in a headlock (around the neck), giving C
_ her bear hugs over the upper torso and head, and, while in your office and the Water Distribution
Foreman’s ofhce, grabbing her by the thighs, and at other times around the waist, and sitting her on his i
·_ lap. On one such occasion, after you had witnessed the later, you placed your hands over your eyes, as
‘ if you did not want to witness the incident. · · A —
y _ As a Supervisor it is your responsibility to ensure a safe working environment for your employees. _ When
you fail to act in situations such as these it leaves your co-workers and subordinates with the belief that t
the behavior is acceptable. You attended Civil Treatment for Managers on October 4, 2000. You were - -.
taught in this class about the requirement of your Duty to Actin situations such as this and were made
aware of -the City of Phoenix Administrative Regulation 2-35 (A) and 2.35 (B) outlining your responsibility
` ‘ as asupervisor regarding Sexual and General Harassment. Further, you have attended numerous other ‘ '
_ _ classes on Zero Tolerance and Sexual Harassment and Ieamed of your responsibility as a Supervisorfor . ‘
a the City Of Phoenix. · ‘ . ‘ t
f During a conversation between you and the Support Service Aide, she informed you that she would be .
talking to the Water Semce Project Coordinator. She said she wanted you to know she would be sharing
_ _ all of the information about incidentsthat have occurred by the Water Service. Worker *Specialty to her. .
You told the Support Service Aide that she needed to tell the tn.rth and that if you received a reprimand for ( -
_ the incident you would “take it in stride, as a teaching tool"; Your lack of consideration of the magnitude ` -
of this type of situation is alarming and conceming to upper management. g
- Given the facts stated above, the City concludes that your actions have violated the following Personnel
Flutes: ` · · · _
` 21 b1 - "That the employee is incompetentor inefficient in the performance of their dutiesf _ _
21 b2 - "llrat the employee has been abusive or threatening in his attitude, language or conduct to his
_ fellow employees, customers ofthe City _or the public! ` . -
‘ A 21 b3 - “That the employee has violated any lawful or official regulation or order, or failed to obey any n . ‘
‘ lawful and reasonable direction given them by their supervisor, when such violation or failure to
- · obey amounts to insubordination or serious breach ofdiscipline 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 publio." A . _ ‘_
21 b? - "That the employee, through negligence or willful conduct, has caused damage to public property
or waste of public supplies or work tirne." . ‘
. 21b1 8 - “That the employee has been guilty of any other conduct of equal gravity to the reasons
enumerated in 21 b1-21bi7." .
Any further violations of-management directives, Personnel nrles or Administrative Regulations will result
in progressive discipline up to and including termination of your employment. ‘
Case 2:04-cv-00289—IVIl—lI\/I Document 49-2 Filed 11/21/2005 Page 4 o{2’l98PHX j
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