CHARGE AFFIDAVIT OF CHARLES YATES I file this claim to report that the City of Birmingham retaliated against me for

having participated in a race discrimination suit filed by Virginia Spidle on January 11, 2013 in the U. S. District Court of Alabama. Spidles suit was filed after the Jefferson County Personnel Board ruled that she had been wrongfully terminated in 2010 by the City of Birmingham. That decision was upheld by three Jefferson County Circuit Court Judges. Spidle alleged in her complaint that she was the victim of ongoing racial discrimination. Virginia Spidle is a Caucasian. I am also a Caucasian. While I am not a plaintiff in the Spidle litigation, I did assist and actively participate in this litigation by reporting similar acts of racial discrimination to which I had been subjected during the same time period (2010-2013). The discrimination that I endured was hurtful and took a toll on my health over the years. When I shared this information, I was keenly aware of the great strides the City has made in civil rights over the past fifty years. In fact, I was integrally involved in the Citys project in celebration of the 50th anniversary of the Civil Rights Movement in Birmingham. The City commissioned the construction of a moving museum that portrays Birmingham in 1963 and the sufferings of the African American citizens in the time of segregation. I oversaw the project and participated in all aspects of its design and construction. I also personally assisted in its transport to Atlanta and Selma. Our Birmingham history conveys important lessons, not the least of which is that people should not be judged by the color of their skin. Our fifty years of progress is based on this important lesson. It is because of this, I felt an obligation to assist in legal process designed to remedy discriminatory employment practices. As a direct result of my participation in Ms. Spidles case, I was subjected to retaliation. I file this claim for two reasons: (1) It was my duty to assist Ms. Spidle in her efforts to address racial discrimination to which she had been subjected and

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(2) It is wrong for the City to retaliate against me for having participated in that lawful process. I respectfully request that the EEOC investigate this matter as a class action so that others may be afforded protection in the years to come. The retaliation to which I was subjected would dissuade any reasonable person from coming forward or participating in litigation intended to remedy unlawful discriminatory practices. Employees in Public Works who are witness to the events I describe below may be fearful of coming forward in an environment governed by fear and intimidation. My hope is that EEOC can assure them some measure of protection throughout the EEOC investigation. Set forth below is a statement of the events that supports my charge of racial discrimination and retaliation against my employer, the City of Birmingham. 1. My name is Charles Yates and I am a resident of Jefferson County Alabama. I am employed by the City of Birmingham. I began my career with the City in July 1997 as a HVAC mechanic. In 2003, I was promoted to Building Superintendent. In 2005, I was promoted to Chief of Building Maintenance. In 2007, I was promoted to Facility Manager. In June 2008, I was appointed by Mayor Larry Langford to Deputy Director of Facility Services. I served in that capacity until shortly after the election of Mayor William Bell. Throughout my employment I have never been reprimanded or the subject of any disciplinary action. I have an exemplary work record. I received promotions during Mayor Bernard Kincaids administration and later under Mayor Langfords administration. 2. My employment abruptly changed in February 2010, shortly after the appointment of Jarvis Patton as Chief of Operations for the newly elected Mayor, William Bell. I made an effort to greet Jarvis Patton shortly after his appointment. Patton asked me my name, my position, and salary. I answered his questions, but thought his behavior and his questions were quite odd because I knew Mr. Patton when he worked as the Council Administrator under Mayor Richard Arringtons administration. Within days, my supervisor Adlai Trone, Director of Public Works, informed me that Chief of Operations Patton issued

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a directive forbidding me to appear in City Hall for any reason. I was instructed that should I be called to City Hall, I was to arrange for one of my subordinate supervisors to handle the call. Approximately two weeks later, Public Works Director Trone reminded me again that the Mayors Office did not want to see my face at City Hall. I am a Caucasian. Mayor Bell and Jarvis Patton are African Americans. I informed Peggy Polk with the Citys Personnel Office of these events that were tantamount to a lock out. 3. On February 18, 2010, I received an e-mail from Public Works Director Trone notifying me that my access to the Citys financial system had been terminated. I was also informed that the clerical employee assigned to my supervision had been reassigned and would no longer report to me. As a result of these changes, I could no longer perform my duties of entering and approving requisitions for products and services to complete maintenance jobs. Trones directive was copied to the Mayors Office. I notified Peggy Polk of my concerns that the City had altered to my detriment the terms and conditions of my employment. This in itself was unnerving. I realized at this point that my appointed position as Deputy Director was tenuous. My anxiety increased when the Citys Personnel Office took no action to address my concerns. 4. In April 2010, I sought assistance from the Jefferson County Personnel Board in securing a roll-back to a merit position that I understood would soon be available with the upcoming retirement of Mr. Elsberry then-Facility Manager. This position is one that that I previously held in 2007 through 2008. For months the City delayed my request and at one point falsely informed me that I was not eligible to roll back. I again sought the intervention of the Jefferson County Personnel Board. 5. On June 29, 2010, the Jefferson County Personnel Board sent correspondence to Peggy Polk who was assigned to the Citys Personnel Department. In this correspondence the

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Board explained the process that should be taken to return me to my former position within the merit system. On July 6, 2010, Ms. Polk in a series of emails with Mr. Trone verified I had been approved by the Board to roll back to my former position but that Jarvis Patton had asked the action be delayed for a reason she could not disclose. 6. Later in July 2010, I rolled back to Facility Manager which resulted in a $25,000 annual pay reduction. Contrary to Alabama law, the City did not credit me for my years of service as the Deputy Director of Facility Services. To avoid conflict I did not file a grievance with the Jefferson County Personnel Board, naively hoping that if I remained quiet the racial hostility directed at me would lessen and perhaps abate. By then I was aware that the City had placed its Chief Accountant, Virginia Spidle, on administrative leave pending a hearing on charges of racial discrimination and incompetence. This added to my apprehension since Ms. Spidle was a twentyfour year City employee who had an impeccable work history. 7. Kevin Moore, an African-American, was appointed to my previous position as Deputy Director of Facility Services. He was introduced to the staff sometime in July 2010 after my roll back. On or around October 22, 2010, Mr. Trone told me to stop sending e-mails asking for permission to go to City Hall. He said if I am called to City Hall, to go in and get out. I followed his directive and made every attempt not to be seen. I entered through the service door and avoided being seen by the Mayors staff. 8. At the first meeting with the newly appointed Deputy Director, Kevin Moore admitted to the staff that he was not qualified for the position as his education and experience was in accounting. Despite his admitted lack of training and experience, Moore began meeting with my subordinates outside of my presence. On one occasion, he told me I looked tired and suggested that I should go

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on home. After I left work, Moore called a meeting with two of my subordinates. On a number of occasions continuing at least through January 10, 2012, I was excluded from decisions affecting my personnel. Moore instructed clerical staff to conduct interviews for new hires within my area without my knowledge. 9. From July 2010 until May 2013, I served as the Citys Facility Manager. As such: I was responsible for overseeing the repairs and maintenance on all City property over 7.5 million square feet. I oversaw Crossplex, Legion Field, all park and recreation buildings, police and fire stations, the City jail, all City libraries as well as the Art Museum and Boutwell Auditorium. I interacted with the State of Alabama and the Federal government to ensure the City was in compliance with codes and regulations. I assisted the Citys Permits Planning and Engineering Department with the mechanical engineer on a daily basis with scoping the work on City projects. I was integrally involved in the Citys project in celebration of the 50th anniversary of the Civil Rights Movement in Birmingham. The City commissioned the construction of a moving museum that portrays Birmingham in 1963 and the sufferings of the African American citizens in the time of segregation. I oversaw the project and participated in all aspects of its design and construction. I personally assisted in the design of the depiction of the segregated water fountains. The mobile museum is being carried to various museums in the South. When the time came to move the display, I obtained bubble wrap and personally wrapped the display to ensure safe transit. I travelled with the museum to Atlanta and Selma to assist with its set up. 10. The City began to retaliate shortly after Ms. Spidle filed her suit. Days later, on January 22, 2013, the Mayors Chief of Operations Jarvis Patton called me into a meeting in the presence of my supervisors, Al Hickman

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(Deputy Director) and Stephen Fancher (Director of Public Works). Patton questioned me about allegations in the Spidle complaint that were attributed to me though my name was not mentioned in the complaint. Patton repeatedly asked me to concede that he had treated me right. This I could not do and would not do. Indeed Patton knew full well that it was contrary to what I revealed in the Spidle complaint. I felt bullied and deceived. Each of these top supervisors present that day knew full well that I was treated like a second-class citizen and made to walk through the service entrance when I was permitted to enter City Hall. Each of these supervisors knew full well that I was forced to give up my appointed position. Each of them and certainly Patton was fully aware that the City had attempted to deny me the ability to roll back into a merit position. But for the assistance of the Jefferson County Personnel Board I would have been unemployed in 2010 just like Ms. Spidle. Because I had been promoted to an appointed position, I would have had no recourse to appeal my termination to the Jefferson County Personnel Board. When I continued to refuse to stipulate that Mr. Patton had been good to me, Patton advised me that he was not afraid of any allegations that I made because he had worked as an investigator for the EEOC for ten years and knew how to take care of himself. When I did not respond, Patton dismissed me from the meeting and told me to tell my little buddy what he had said. There is no doubt that Patton was referring to Virginia Spidle who only days earlier had filed suit against the City for racial discrimination and retaliation. 11. I took sick leave the next day, one of the few times in my 16-year career with the City. Since then I have experienced health problems for which I sought medical treatment. I continue to worry that my job is in jeopardy for having revealed in Spidles federal discrimination suit the mistreatment that I had endured over the years. 12. On January 28, 2013, April Odom, the Citys Public Information Officer asked me to meet with her concerning a City project. Within minutes, Patton appeared in the room with us. Once again I was questioned about my

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allegations in the Spidle suit. Once again Patton asked me to concede that he had treated me right over the years. Patton offered to have me promoted back to Deputy Director despite the fact that the job is now held by Al Hickman, an African American. Ms. Odom urged me to think of my children and consider my financial situation. I asked for time to speak with my lawyer. Patton inquired who I needed to meet with and whether I had signed any papers. When I identified my lawyer as Gayle Gear, Patton boasted that he was not afraid of her. I was then escorted into the Mayors Office. I told the Mayor what I had told Patton earlier. I said I was tired of coming through the back door and tired of being afraid of getting caught at City Hall and accused of being there without permission. I told the Mayor I was no longer running and that I would come through the front door like everyone else. I was instructed to leave the Mayors Office and meet with Ms. Polk who was now the Citys Personnel Director. In my meeting with Polk, I was again assured that I could not legally be barred from City Hall and that she had so informed Patton much earlier. 13. I did not follow up on Pattons offer because I could no longer physically or mentally endure mistreatment or the uncertainty of working in an appointed position given the racial and retaliatory mistreatment that I had endured over the years under Mayor Bells administration. 14. On April 16, 2013, I was given a performance evaluation by my supervisor Al Hickman. This was the only evaluation conducted on me under the Bell administration. The evaluation rated my performance needs improvement on two rating categories. When questioned why these low ratings were given, Hickman informed me that I was downgraded because I did not follow City policy and procedure. Hickman said my performance was downgraded because I had not complied with the Laborers International Union (LIU) agreement by not rotating the staff of carpenters for overtime. I was aware that a section in the agreement directs the process for granting equal opportunities to earn overtime. I informed Hickman that I disputed the evaluation, particularly any

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violation that I was not following City policy and procedure. I had been instructed by Chief of Staff Chuck Faush not to rotate the carpenters at City Hall even though I knew this practice resulted in enormous amounts of overtime pay for a selected few employees. This practice had been going on during the Bell administration contrary to the LIU agreement. I had been warned by Kevin Moore during the period he was Deputy Director that if I did not follow orders from the Mayors office I would be fired. It was under instructions from the Mayors Chief of Staff that the LIU agreement was not to be honored with respect to rotating employees for overtime work. I informed Hickman that he also was not rotating the Public Works employees (electricians) assigned to the Crossplex. I reminded him that he had earlier told me and other staff he had been instructed not to rotate overtime by Jarvis Patton. Therefore, Hickman himself was violating the LIU agreement. As a result, a selected few people receive a disproportionate amount of overtime causing dissension among other employees including Caucasians who have not been given the opportunity to earn extra pay. I also pointed out that the supervisor of technicians assigned to the Crossplex a black male was recently given an evaluation by me with no needs improvement ratings. Hickman approved that evaluation. That supervisor because of the Mayors Office mandate does not request rotation of the technicians under his supervision. 15. After numerous requests to Hickman for a copy of my evaluation, I finally received it. The evaluation was dated November 14, 2012. It is not worthy of belief that this evaluation was conducted in November 2012 and held for five months. It clearly was an act of retaliation for having participated in a protected activity, Spidles race discrimination litigation in federal court. 16. The lowered evaluation was materially adverse, in that such an action well might dissuade a reasonable worker from making or supporting a charge of discrimination. The

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context of such a performance evaluation is also important, for the City has a policy of progressive discipline. Performance evaluations are one of the tools used in the process to document poor performance. At least annually, performance evaluations are required to be completed and filed as part of an employees permanent record with the Jefferson County Personnel Board. I had not received any verbal or written reprimands regarding my performance, thereby denying me the opportunity to take any corrective actions before the formal evaluation. Because I had received a direct order from the Mayors Office regarding the carpenters who were allowed to work at City Hall, I risked losing my job if I did not comply with that order. With the lowered evaluation, I risked further disciplinary actions from my supervisor for not following the LIU agreement. I did not know of a way I could serve two bosses with conflicting directives. Also, I was aware under the Citys progressive discipline policy I risked further lowered evaluations which could prevent my receiving a merit raise and could be used to suspend or terminate my employment. 17. A poor evaluation is devastating to job promotions and to job security. Clearly, this was intended as the first step to begin a disciplinary action. This I knew as a supervisor because we were taught to take these kinds of initial steps in order to justify a termination. 18. Until this event, my work record was flawless. I took great pride in my contributions to the upkeep and maintenance of the Citys infrastructure and buildings. But for my participation in the Spidle litigation this poor evaluation would not have been filed against me. 19. Days later, on April 25, 2013, I was told by one of my subordinates that supervisor Hickman had asked to meet with him regarding a painting project even though this particular subordinate was not the painting supervisor. The individual told me that Hickman had asked if I intimidated him or any of the other supervisors. Hickman, my supervisor, was the very man who had assured me after I was called in to meet with Patton on January 22, 2013 that he had my back. Because I now fear more adverse actions in the Public Works Department, I accepted a

transfer to the Birmingham Museum of Art in May 2013. I now work as the Maintenance Supervisor with the City of Birminghams Museum of Art. I remain concerned that the City may take further adverse actions against me for having revealed in a federal lawsuit my mistreatment and for having attributed that mistreatment to racial animus. 20. Prior to my transfer to the Museum of Art, the Jefferson County Personnel Board arranged to have the City compensate me for lost wages caused when the City did not place me in the correct pay step when I rolled back to my former position as Facility Manager in July 2010. ..END..

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