HomeMy WebLinkAboutMinutes - Minutes - Personnel Board - Meeting Date: 8/21/2013 CITY OF GLENDALE
PERSONNEL BOARD HEARING
EARL BABCOCK
August 21,2013 @ 6:00 pm
OPEN SESSION
MEMBERS PRESENT: Richard Westby, Chairperson
Herbert Haley,Vice Chairperson
Bud Zomok, Board Member
Stephen Gilman, Board Member
STAFF PRESENT: Jim Brown, HR&Risk Mgmt. Executive Director
• Naomi Jackson,Human Resources Administrator
Karen Doncovio, Human Resources Generalist
LeJeune Boone,Human Resources Generalist
Katie Douglas, Human Resources Generalist
WITNESSES: Earl Babcock, Appellant
' Craig Johnson, Water Services Executive Director
Lawrence Brotman,Utility Ops Superintendent
Dawn Saxman, Water Services Administrator
Joyce Borchert, Sr. Secretary
OTHERS PRESENT: Christina Parry, Asst. City Attorney
Kerri Logan, Water Services Administrator
Thomas Relucio, Sr. Management Assistant.
David Hutchinson, Sr. Maintenance Mechanic
Rocco Pontrelli, Sr. Instrument Technician
Richard Levernier, Utilities Security Superintendent
Darcie McCracken, Deputy City Clerk
Donna Ford Terrell, RPR, RMR, RDR, CRR, Certified Court Reporter #50250,
documented the record of the hearing.
CALL TO ORDER AND ROLL CALL (Pages 4- 6)
Richard Westby, Chairperson, called the Personnel Board Hearing to order at 6:00 p.m.
on Wednesday, August 21, 2013. Roll call was taken. The Appellant was represented in
Propria Persona. Craig Johnson, Water Services Executive Director, represented the
Respondent, City of Glendale.
ORDER OF PROOF (Page 7)
The reading of the Order of Proof was waived by the Appellant and the Respondent.
Earl Babcock
Personnel Board Hearing Minutes
September 9,2013
Page 2
PURPOSE OF HEARING
The purpose of this hearing was to take testimony in the matter of the disciplinary appeal
requested by Earl Babcock, Water Reclamation Facility Supervisor, regarding his
suspension of employment. On April 18, 2013 this employee was served with a Notice of
Intent to Suspend without Pay for Two (2) Work Days. On May 13, 2013, the employee
was served a Notice of Suspension without Pay for Two (2) Work Days.
Mr. Babcock's suspension from his position as Water Reclamation Facility Supervisor
was based on his violation of City of Glendale Human Resources Policies and
Procedures. Specifically, Mr. Babcock failed to meet performance standards in his
position as a Water Reclamation Facility Supervisor. He demonstrated major performance
deficiencies when he (1) misappropriated City property by parking his personal vehicle
inside a city storage building for approximately 30 days without authorization, (2)
demonstrated confrontational and unprofessional behavior on multiple occasions toward
several staff members despite numerous verbal counselings to discontinue this behavior,
and (3) was negligent and careless in his job performance. He circumvented the City's
established purchase order process by placing two purchases on his procurement card
(ProCard) rather than using the established purchase order as required by Materials
Management. He also failed to submit these purchases for payment in a timely manner.
Behavior such as this jeopardizes the City's efficient business practices and violates the
trust placed in Mr. Babcock as a City of Glendale employee. His actions constituted
major performance deficiencies in violation of City policy, including major
insubordination and conduct unbecoming of a City employee,
BACKGROUND
Examples of Mr. Earl Babcock's substantiated major perfoimance deficiencies in
violation of City policy include the following:
1 . Unauthorized Storage of Personal Vehicle in a City Building
On Feb 28, 2013, Water Services Management was advised Mr. Babcock's personal
vehicle, a blue pickup truck with license plate number HAV7, was parked inside a City
storage building at the Arrowhead Ranch Water Reclamation Facility (ARWRF) and had
been stored there for approximately 30 days. The matter was investigated and several
witnesses stated his personal vehicle had been parked for some time inside the storage
building. When questioned about this, Mr. Babcock first stated his truck had been parked
in the building for about a week, but he later admitted the vehicle had been parked inside
the city building for approximately 30 days. When asked why he made the decision to
store his personal vehicle in a city building, Mr. Babcock stated a little over a month ago
he had driven his truck to work and later that day his wife picked him up to take him to an
appointment. He further stated the next day he drove a different vehicle to and from work
and he had planned to take his truck home as soon as he made arrangements for someone
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Personnel Board Hearing Minutes
September 9,2013
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to drop him off at work so he could drive his truck home. He stated he originally parked
his truck in the employee parking lot, but a short time later work was being performed in
the parking lot which necessitated his moving his truck from the parking space, at which
time he made the decision to park it inside the maintenance storage building at ARWRF.
When asked if Management provided approval to store his vehicle in the city building,
Mr. Babcock indicated management had not given him permission to park the vehicle for
an extended period on City property or to park the vehicle inside a City storage facility.
Subsequent to his conversation with his supervisor, Mr. Babcock removed his vehicle
from City premises. In Mr. Babcock's position as a Water Reclamation Facility
Supervisor, he is in a role of leadership — one in which his staff looks to him to set the
example. Storing his personal vehicle inside a City building for approximately 30 days
without authorization was an inappropriate use of City property, and a violation of public
trust. Mr. Babcock's actions are unacceptable and demonstrate poor judgment and
decision making.
2. Confrontational and Unprofessional Behavior
It was communicated to Mr. Babcock that his on-going insubordinate and disrespectful
behavior, which has been directed toward City staff and supervision, is unacceptable and
will no longer be tolerated. The following were several recent examples of Mr.
Babcock's inappropriate behavior in the workplace which occurred over the last nine
months,prior to his receiving discipline:
a) In August 2012, Mr. Babcock was reported to have been adversarial and abusive
in his treatment of the Water Services ProCard Administrator during his audit of
Mr. Babcock staff's ProCard statements. When Mr. Babcock's staff members
were asked to provide additional information and supporting documentation for
their ProCard statements as required by City ProCard policy, Mr. Babcock
informed the ProCard Administrator that the Water Services Department could go
on without his help, but the department could not do without Mr. Babcock and his
staff at ARWRF. Mr. Babcock went on to say that if he was not there to run the
ARWRF, the facility would fail. Mr. Babcock asked the Administrator why he
was being bothered with having to provide the requested information. According
to the employee, the tone Mr. Babcock used with him was condescending and
confrontational.
b) On February 14, 2013, Mr. Babcock attended a meeting in which Water Services
Management served one of his ARWRF staff with a Notice of Intent to Suspend.
Prior to the meeting, Mr. Babcock was very vocal in stating he felt this action was
not necessary and he did not support this level of discipline. However, based on
identified performance deficiencies, Water Services Management made the
decision to move forward with serving the disciplinary document. Before the
meeting was convened, Mr. Babcock was pulled aside and reminded that a final
decision had been reached and he was to support Management's decision
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Earl Babcock
Personnel Board Hearing Minutes
September 9,2013
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regarding this matter. After the meeting, Mr. Babcock's subordinate left the
building, and in the same time frame, a fellow staff member entered the building
as Mr. Babcock was exiting and he asked Mr. Babcock, "How are you doing?" at
which time Mr. Babcock exclaimed, "Bullshit!" When he was questioned about
his inappropriate outburst he claimed he was just making a general statement and
it was not in reference to the disciplinary document served to his employee. Mr.
Babcock's outburst, regardless of the reason, was inappropriate and
unprofessional.
c) On February 26, 2013, an administration staff member called Mr. Babcock to
follow up on a request from his superintendent to provide information for the
solicitation and answer several questions a vendor had regarding the estimated
annual usage for the facilities he manages. In an email, Mr. Babcock's
superintendent requested he provide the information to Administration the same
day. At approximately 5:00 p.m. in a follow-up phone call with an administrative
staff member regarding the requested information, Mr. Babcock was evasive and
acted in an inappropriate and unprofessional manner by not assisting with the
requested information. This went on for approximately twenty minutes during
which time Mr. Babcock refused to supply the requested information. The
supervisor who overheard the conversation directed her staff member to end the
discussion with Mr. Babcock. He shortly followed up by sending two emails and
calling the supervisor. In these communications he continued to display
inappropriate and unprofessional behavior in his responses and was evasive in his
answers. Eventually Mr. Babcock did provide the required information, but only
after an unnecessary amount of time was wasted by him in his refusal to cooperate
and provide the required information in a timely manner. Mr. Babcock's behavior
was inappropriate and unprofessional.
d) On March 13, 2013, Mr. Babcock attended an Arizona Department of Water
Resources (ADWR) Reporting meeting with other City of Glendale Water
Services Department staff. Prior to the meeting, all plant supervisors, including
Mr. Babcock, were instructed by email to provide specific data regarding their
plant production to the Water Services Department Environmental Program
Manager as a report was due within two weeks' time. This information is
compiled annually by Water Services staff and submitted to ADWR as required
by our permit. At the time of the meeting, all supervisors, except Mr. Babcock,
had submitted the required information. His failure to submit the required
information prevented staff from submitting the completed report to ADWR.
During the meeting, he was again asked to provide the required information. In
response Mr. Babcock stated, "In the past I wasn't required to provide this
information." He further stated, "My responsibility ended with my staff entering
plant data into the Arrowhead Access Database system." When the Program
Manager stressed the importance of his providing the information within the two
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Personnel Board Hearing Minutes
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week deadline, he again stated, "Before I didn't have to do this. I just had to
operate the plant." Mr. Babcock then stated, "I'll see what I can do about getting
it to you,"but he never indicated whether or not he would provide the information
in a timely manner. Several times during the course of the meeting Mr. Babcock
stated, "I didn't used to have to do this. My job is to run the plant." "I'll see what
I can do." Again, Mr. Babcock made no commitment to deliver the information
quickly as needed. After the meeting, his superintendent called one of his staff
and directed him to provide the required information, which he produced within
minutes of the request. The attitude Mr. Babcock exhibited in the ADWR
Reporting meeting held March 13, 2013, is an example of his disrespectful and
uncooperative behavior. As a Water Reclamation Facility Supervisor, he is
responsible to communicate and coordinate timely information about daily
activities in support of plant operations to operators, maintenance mechanics,
Public Service Representatives, other supervision, engineers and other utilities.
Mr. Babcock's refusal to provide the requested information in a timely manner
demonstrated major insubordination and is contrary to the goals of the Water
Services Department.
e) Mr. Babcock lost his temper and went on a rant, angrily stating he didn't deserve
this and he threatened to quit his job. He then stated there were other employees
at the Arrowhead facility who are close to retirement and he threatened to take
them with him when he left because in his words "They were sick of being
overworked and picked on."
Mr. Babcock has been counseled on several occasions regarding his angry
outbursts, inappropriate attitude and unprofessional behavior. Despite these
counseling sessions, he continues to engage in this behavior. As a Water
Reclamation Facility Supervisor,he is required to establish and maintain effective
working relationships with his employees, other City Water Services Management
Staff and the general public. Furthermore, as a Supervisor, Mr. Babcock should be
facilitating solutions to the challenges facing the Water Services Department,
rather than acting as a stumbling block. His continual verbal outbursts and
unprofessional behavior must stop immediately. His actions demonstrate abusive
attitude, language or conduct toward employees, a major,performance deficiency
in violation of City policy.
3. Invoices and Purchase Order- Sodium Hypochlorite
In reconciling the invoices and the purchase order with Hill Brothers Chemical Company
for sodium hypochlorite it was found that two invoices dated May 18, 2012 and June 6,
2012, were paid with Mr. Babcock's City ProCard on August 28, 2013, instead of using
the purchase order payment process as required. As Mr. Babcock was aware, the
Materials Management Purchasing Process states "Non-Contract Purchases between
$5,000 and $50,000 require the issuance of a purchase order." Mr. Babcock's use of his
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Personnel Board Hearing Minutes
September 9,2013
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ProCard to make the two purchases totaling $3,374.64, rather than the use of the Hill
Brother's purchase order, was a violation of this requirement. In addition, the invoices
were issued in the previous fiscal year and should have been submitted for payment in a
timely manner. Paying invoices 72 and 30 days, respectively, after the due date is not
acceptable and a discredit to the Water Services Department.
As a member of Water Services Management in charge of an important Water
Reclamation Facility with a budget of over two million dollars, Mr. Babcock is expected
to manage every aspect of his budget, including purchase orders. Furthermore, as a Water
Reclamation Facility Supervisor with eight years of experience at the City of Glendale,he
is expected to understand and comply with the City's policies and procedures regarding
ProCard purchases and purchase orders. Mr. Babcock is aware that preparing and
monitoring his division budget, including purchase orders that are charged to his budget,
is a primary function of his position. His decision to use his ProCard to pay for invoices
that should have been paid through the established purchase order process demonstrates
poor judgment and decision making and is a violation of the Materials Management
purchasing process. Mr. Babcock's actions demonstrated major insubordination in
violation of City policy.
DISCIPLINARY HISTORY
On February 20, 2013, Mr. Babcock received a Verbal Counseling regarding his
inappropriate and unprofessional verbal outburst to a fellow staff member.
On August 7, 2012, Mr. Babcock received a Verbal Counseling regarding his
inappropriate and unprofessional behavior and treatment of the ProCard Administrator.
On July 2, 2012, Mr. Babcock received a Memorandum of Expectation for
inappropriately disclosing confidential legal information, as well as comments made by
other staff members regarding on-going negotiations to an outside party.
In September 2011, Mr. Babcock received a Verbal Counseling regarding the
inappropriate tone and implications he made in an email he sent to Human Resources
staff.
On August 3, 2011, Mr. Babcock received a Verbal Counseling regarding his
inappropriate and unprofessional response to an email sent by the Security
Superintendent.
POLICY VIOLATIONS
Mr. Babcock's actions/performance were in violation of the following Human Resources
Policies & Procedures, and did not meet the purchase order requirements of the City of
Glendale Materials Management Department.
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No. 504—Employee Conduct Section I
Employees shall at all times conduct themselves in a way that reflects favorably on the
public they serve. The City upholds, promotes and demands the highest standards of
ethics from all of its employees. Employees should maintain the utmost standards of
personal integrity, truthfulness, honesty and fairness in carrying out their public duties,
avoid any improprieties in their roles as public employees, and never use their City
position or power for improper personal gain. All employees are expected to respect and
comply with all federal, state and local laws, including all municipal policies, rules,
regulations, directives and procedures.
No. 513—Disciplinary Policy
Serious Deficiencies
These are acts not involving any question of trust or honesty. They do not pose a threat to
the orderly City operations and they do not endanger the health, welfare, or safety of
employees or other individuals. These deficiencies should normally be handled through
corrective disciplinary actions.
• Minor Insubordination
➢ Disrespect toward supervisory or other authority
➢ Disorderly conduct causing disruption of work unit or task
Major Deficiencies
These acts involve questions of trust or honesty, constitute a threat to the orderly City
operations or pose a threat to the health, welfare or safety of employees or other
individuals.
• Continued performance deficiencies after previous disciplinary action
• Major Insubordination
➢ Disobedience or refusal to obey a reasonable order or direction
• Conduct unbecoming of a City employee
➢ Abusive attitude, language or conduct,toward employees or the public
➢ On or off duty conduct which may bring discredit to employees of the
City
• Negligence or careless job performance
• Misappropriation,theft or conversion of property belonging to, or in the
possession of, the City, an employee, or the public
Materials Management
Purchases from $5,000 to $50,000
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Non-Contract Purchases-Purchases between$5,000 and$50,000 require a minimum of
three competitive quotations and issuance of a purchase order.
CITY'S OPENING STATEMENT (Page 9)
Craig Johnson, Water Services Executive Director, represented the Respondent, City of
Glendale and waived his opening statement.
APPELLANT'S OPENING STATEMENT (Page 9 - 11)
Earl Babcock, Appellant,represented in Propria Persona, gave his opening statement.
CITY PRESENTATION (Pages 11 —20,27—30,33—42, 49,54 —71)
Craig Johnson, Water Services Executive Director, representing the Respondent,
presented the City's case.
The following witnesses were called to testify for the City and sworn in:
Lawrence Brotman,Utility Ops Superintendent, Water Services Dept. (Pages 13—54)
Dawn Saxman, Water Services Administrator, Water Services Dept. (Pages 55—83)
APPELLANT'S PRESENTATION(Pages 20 -21,31 —33,42—49, 71 —77,89—90)
Earl Babcock, Appellant, represented in Propria Persona,presented his case.
The following witnesses were called to testify for the Appellant and sworn in:
Joyce Borchert, Sr. Secretary, Water Services Dept. (Pages 90-93)
CITY CLOSING ARGUMENTS (Pages 94 - 96)
APPELLANT CLOSING ARGUMENTS (Pages 97- 128)
CITY FINAL ARGUMENTS (Pages 128- 134)
EXHIBITS
Exhibits provided by the City and all of the exhibits provided by the Appellant, were
admitted into evidence without discussion.
PERSONNEL BOARD RECOMMENDATIONS
The Personnel Board deliberated the testimony and voted in Open Session.
Question No. 1 (Pages 134 - 135)
Richard Westby, Chairperson, called to entertain discussion and called for a vote on item
number one (1): Was the action of the Appointing Officer based on political, religious or
racial prejudice?
}
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Earl Babcock
Personnel Board Hearing Minutes
September 9,2013
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No discussion was held by the Board regarding this question. All members present voted
no--The action of the Appointing Officer was not based on political, religious or racial
prejudice.
Question No.2 (Page 135)
Richard Westby, Chairperson, called to entertain discussion and called for a vote on item
number two (2): Did the City follow its policies and procedures that provide employees
with the right to appeal certain disciplinary actions?
No discussion was held by the Board regarding this question. All members present voted
yes--The City did follow its policies and procedures that provide employees with the right
to appeal certain disciplinary actions.
Question No. 3 (Pages 135 - 136)
Richard Westby, Chairperson, called to entertain discussion and called for a vote on item
number three (3): Did the Appointing Officer have just cause to take disciplinary action
based on the stated violations of the Human Resources Policy?
No discussion was held by the Board regarding this question. All members present voted
yes--The Appointing Officer did have just cause to take disciplinary action based on the
stated violations of the Human Resources Policy.
Question No. 4 (Pages 136 - 141)
Richard Westby, Chairperson, called to entertain discussion and called for a vote on item
number four (4): Does the Board sustain or not sustain the action of the Appointing
Officer,based on the facts and information presented to the Board?
Mr. Haley voted to sustain the disciplinary action, without discussion. The remaining
three Board members held discussion regarding this question. Board Member Zomok
stated the process seems to fall apart in the enforcement of action in regard to employees
using parking lots for personal vehicles. He also stated in regard to the ProCard matter,
he could see no discipline or comments for using it the prior year. He stated he did have
concerns with two things: Mr. Babcock's "bullshit" comment. He stated based on Mr.
Babcock's witness' testimony,he made the comment loud enough for someone outside of
his direct communication to hear it. He stated whether or not it offended the witness was
not the issue. He believed it could have offended anyone in the area. Mr. Zomok felt the
conversation or comment was inappropriate and could have potentially created a liability
for the City. Mr. Zomok stated that he was also concerned that several times throughout,
Mr. Babcock made statements such as, "Yes, I did lose my temper," and "Yes, I did raise
my voice."Mr. Zomok stated, in a leadership role,this is not an acceptable practice.
Board Member Gilman stated the parking was not an issue with him since the policy
doesn't specifically address what Mr. Babcock did. He stated neither did he have an issue
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Personnel Board Hearing Minutes
September 9,2013
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with the procurement statements. He stated, however, like his colleague, Mr. Zomok, he
had issues with the perception of several people that Mr. Babcock's behavior has been
unprofessional. He also commented on the inappropriate "bullshit" comment by Mr.
Babcock. Mr. Gilman stated there seemed to be one common denominator in all the
witness testimony and that was Mr. Babcock's behavior. Mr. Gillman stated he was
unprofessional, especially with his own supervisor.
Chairman Westby stated that he believed Mr. Babcock was probably his own worst
enemy because he admitted more or less tacit approval that he did the vast majority of the
issued identified in the disciplinary document. In regard to the parking issue, Mr. Westby
stated had something happened to Mr. Babcock's vehicle, it would have created a liability
issue for the City.
All members present voted 4 to 0 to sustain the disciplinary action regarding the
suspension of employment of Mr. Babcock.
CONCLUSION BY THE CHAIR(Page 140- 141)
Richard Westby, Chairperson, concluded the Board found the specific evidence presented
at this hearing justified the discipline administered in this matter in regard to Mr.
Babcock's suspension and therefore voted to recommend the disciplinary action be
sustained.
The hearing adjourned at 9:10 p.m.
Su. itted by:
m Brown
uman Resources &Risk Management Executive Director
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