PER .

<:,.. nUIJ rr' l I('! '\11ft .... [",') \ V' jI,·'.r:-. c) ._ "'"!111 .. . \ ... t
/1 'I.,'J.~

2011 HAY 31

Pt1 3: ~,

Brett D. Miller

Rec'd by_

o o

__:u!;",:_---

~and

Mailed Faxed Delivered

May 31, 2011

Dallas County Human Resources/Civil Service Department 509 Main Street, Room 103 Dallas, Texas 75202 Re: Dallas County Formal Grievance

VIA HAND DELIVERY

To Whom It May Concern: Enclosed please find my Formal Grievance in connection with my dismissal on May 24, 2011. Please acknowledge receipt of this document. Please contact me should you have any questions or comments. Sincerely,

~)7!1~
Brett D. Miller
Ibdm

xc:

Constable Ben Adamcik Chief Deputy Craig McKnight

Via Hand Delivery Via Hand Delivery

Dallas County Formal Grievance Form

Please type or print clearly using ink. All grievances under the Civil Service System will be resolved as-quickly as possible andat-the lowest-administrative level possible without regard to race, color, religion, sex, national origin, age, or disability.

Human Resources/Civil Service Department 509 Main Street, Room 103 Dallas, Texas 75202

Dallas County Formal Grievance Form

Name: Home Address:

Street

City State, Zip Code

Home Telephone Number: Mobile Number: SCOPE OF GRIEVANCE APPEAL PROCeDURES A Grievance may be filed on one or more of the following grounds. Indicate the basis for your grievance and consult Section 86-1001 through 86-1007 of the Dallas County Codefor additional information.

o o o o o o

[;t

Improper applications of rules, regulations, and procedures

u;;Y' Unfair treatment, including coercion, restraint or reprisal
0
Discrimination based on race, religion, color, creed, gender, age, national origin, disability or political affiliation (circle specific item grieved)

r;r- Disciplinary action taken without proper cause
0 ~ Improper application of fringe benefits or improper working conditions (circle specific item grieved) Demotion, suspension o~circle
~

specific item grieved)

REASON(S) FOR GRIEVANCE State your grievance in detail, including the date(s) of acts or omissions causing the grievance. Indicate the snectttc rule or benefit not properly applied and why you believe the disciplinary action taken is unjust or unfair. Attach adiliiiOnafsheets ffnecessliij:.- ----.....

WITNESS(ES) Identify other employees who may have witnessed this grievance.
1.

2.
3

':i!. . ~

A-: 4.*- c...; • \'0...

4. 5. 6.

C·... ~

f'I'\ ... '?..,~_, t ellA.

REMEDY SOUGHT: Describe the remedy or solution being requested by the filing of this grievance.

¥--c: ~

,'-f.5

\-.q\ e .. e;-{\ fV\

..... )6(~c\-:- lJ1t '-i
(j

~,

h-e'-"-( " k

I

+-~

!{.f '"

W

-e., 0'"'

~-es.

Name: ATTORNEY OR THIRD PARTY INFORMATION:

/""f;,.....:J ~ S i2_ $:-f-fClrd

Address:

3335 iJue
A

t>~Uo:),

-:tt ,,"00

Street City State, Zip Code

'D

()

\\t\.5
7 S 12.t;.:.

Telephone Number: Employee simature:y;1D

T>c

J;1.~

I

2. 1,",\- ..,_'-\'- -

j'2..0C2_

Date:

~j;)Z<=ll

Filing Instructions: A grievance must be filed in writing within ~ calendar days from its occurrence and/or from the date of receipt of written notification of disciplinary action, exclusive of holidays, to be considered Termination and disciplinary action grievances should be initially filed with thefirst level of supervision above the employee's supervisor who has caused the action, with a copy to the employee's immediate supervisor and the Human ResourceS/Civil Service Department All other grievances should be initially filed with the employee's immediate supervisor.

Internal Use Only
----_

Date Filed Date Appealed (}>1) Date Appealed (2"4) Date Appealed (1'4) Comments

Grievance Filed by: Brett D. Miller May 31, 2011

REASON(S) FOR GRIEVANCE On May 24, 2011, I delivered my response to an administrative investigation to my immediate supervisor, Chief Deputy Constable Craig McKnight. I was immediately told that I was to be terminated from my job as a Deputy Constable of Dallas County. On the following day, May, 25, 2011, I was given a copy of a NOTICE OF SEPARA TION which listed as a reason for separation "Gross Misconduct f!!R appr~ved".1 My separation! dismissal was improper. I hereby initiate this formal grievance. The complaint procedure utilized against me is improper. There was never a valid complaint filed ) by any person having personal knowledge of the allegations made. Further, the person signing the "memorandum" which served as a "complaint" did not have personal knowledge of the alleged misconduct. Further, to the best of my knowledgethe complainantdid not investigate the complaint and never discussed it wjthlilenor rev[ewe~dany ofmy responses to the m~l1lor~ndum.--The that canbe-saTdforth~ memorandum which serves as a complaint is that it said that an "investigation found at least one instance where .., a sworn statement ... appears false." There is no affiant or complainant who provides any personal knowledge or sworn statement that I have ever, in fact, made \ any false sworn statement. The complaint against me has not been fully and properly investigated! and there is no person who has made any complaint that I knowingly or intentionally made a false) statement at any time.

mos-i

\

There is no basis to discipline or terminate me as a result of an unsubstantiated allegation where my conduct "appears false," has not been fully and properly investigated and has not been made subject of a complaint made by a person with actual personal knowledge of my alleged wrongdoing. This is improper pursuant to requirements of the Texas Government Code. There is no evidence to prove the allegation of misconduct against me. I unequivocally deny any misconduct and affirmatively state that my records are, to the best of my knowledge, accurate. l believethat I~<l_ve eenunfairly treated and th<!tlllysep(iraticrn/ciismissal ha~ been coerced alld that b the disciplinary action taken against me was without proper cause. Other Dallas County Deputy Constables with allegations of misconduct more egregious than the unfounded allegations against me are still employed and have not been suspended or dismissed. For more detailed statement concerning my grievance, please see Exhibit 3, which is attached hereto and incorporated herein verbatim. Index of Exhibits: 1. Administrative Warning (allegation disputed) 2. Complaint (allegation disputed) 3. Response to Administrative Investigation 4. Notice of Separation (allegation disputed)

ADMINISTRATIVE WARNING
You have been involved in an incident or you have personal knowledge of an incident which is under administrative investigation. 1. In an administrative investigation you are required to truthfully answer any and all questions put to you, both orally and when requested in writing, which are specifically, directly, and narrowly related to the performance of duty or fitness for office. Therefore, you do not have the right to remain silent. You are advised that your statements or responses constitute an official report. If you refuse to answer questions put to you, you will be immediately ordered by a superior officer to answer the questions. If you persist in your refusal after the order has been given to you, you are advised that such refusal constitutes a violation of the Dallas County Code and may serve as a basis for more serious disciplinary action, up to and including, termination. You are required to be truthful in your responses. If, during the course of this investigation, it is discovered that you have been untruthful in your responses, you are advised that your untruthful responses constitute a violation of the Dallas County Code and may serve as a basis for more serious disciplinary action, up to and including, termination. Your statement as well as any information or evidence which is gained through your statement cannot be used against you in any criminal proceeding, except that you may be subject to criminal prosecution for any false or misleading statement which you include in any written internal statement. Accused deputy constables are allowed to have their attorney of choice present during any interview in a formal investigation. If you choose to have an attorney, he or she must be present at the appropriate time and place. Any financial liability incurred through the use of an attorney is the sole responsibility of the deputy constable. Failure of the attorney to follow established guide lines as set forth may result in the loss of this privilege. If you have any questions regarding this warning, or if you have any questions concerning the procedures to be followed, you are to direct those questions to your first line supervisor, the Chief Deputy Constable, or his/her designated representative.

2.

3.

4.

5.

6.

The undersigned hereby acknowledge receipt of the above warning.

WITNESS:

:;--If-//
DATE

olNl1
DATE

Brett Miller
PRINT NAME - AFFECTED DEPUTY

TO:

Brett Miller

FROM:

Constable Ben Adamcik

DATE:

May 20, 2011

SUBJECT:

Investigation and Complaint Regarding False 742a Sworn Statements

The Dallas County Auditor conducted an investigation of sworn statements made by Dallas County Deputy Constables filed with Dallas County Justices of the Peace regarding the service of citations pursuant Texas Rules of Civil Procedure 742 and 742a. That investigation found at least one instance where you filed a sworn statement that appears false. This memorandum serves as a complaint as that term is used in subchapter B of the Texas Government Code. Pursuant to section 614.022 Government Code, this complaint has been signed by the complainant. sections 614.021, 614.022, and 614.023 of the Texas Government memorandum and the signatures below memorialize your being given a complaint. chapter 614, of the Texas Pursuant to Code, this copy of this

This complaint has been investigated, and there is evidence to prove the allegations of your misconduct. Therefore, pursuant to section 614.023 of the Texas Government Code, disciplinary action may be taken against you based on the subject matter of this complaint. Before any disciplinary action is taken against you, you will be put on paid administrative leave. While on paid leave you will be required to be available by telephone. You will then be called to your Constable's office to pick up a copy of the docul1lent<l!io_11 fQ_rrHshe bjls_isof_thi.s_complainl._Uponreceiving-a that t __ copy.of.that.L. documentation you will be required to provide a written response to be returned to the Constable's office within 48 hours. Refusal or failure to provide a response will be considered in any disciplinary action. Upon receiving your written response, the Constable will make a final determination on whether you will be disciplined, and what that discipline will be.

_

Constable Ben

&~~i~.;1
damcik

Date:---,5"",,::J_-'--,-I-J-~_'"' __

' 2011

BdReCeiVmg
the Complaint Chapter 614 Complaint

Date:_.s:_~_t'c;~/,---

, 2011

Page 1

Date: May 24, 2011 To: Constable Ben Adamcik

I:

From: Brett Miller Re: Administrative Investigation

I am in receipt of the Garrity Warning in reference to the current administrative investigation and am making this statement in response to an order from my supervisor. This Warning is the only notice of investigative action which I have ever received since I became a Texas Peace Officer in 1986. I have never been the subject of any prior warnings or any disciplinary action during my service as a public servant. Historically, I attended the Dallas Sheriffs Academy in 1985 and the Regional Police Academy in 1986. I graduated with my Basic Peace Officer's license in 1986 and started my career with the Dallas County Constable's Office as a reserve officer. In October 1988, I was hired full time at the Mesquite Office and was awarded the "Rookie of the Year Award". In 1996, I moved to the Richardson Office where I was subsequently awarded the "Officer of the Year Award". I remain in the Richardson Office to date. In the years since I began my law enforcement career, I have obtained my Instructors License, Firearms Instructors Certification, Masters Peace Officers License, and approximately 20 departmental, public and outside department commendations. This instance is the first time I can remember that the quality of my work has been questioned. I unequivocally deny any wrong doing and affirmatively state that my records are, to the best of my knowledge, accurate. I believe it is important to note that I was assigned to the Civil Division in late September 2010. Prior to that date, I had worked five plus years in the Traffic Division and three weeks in the Warrant Division before being transferred to the Civil Division. To the best of my recollection, I believe that I may have processed and served as many as 248 citations or notices during October 2010. It is my understanding that someone is questioning 13 of those. Based upon my under-standing of-this matter, no individual is accusing meofwrongdoingbased upon such individual's personal knowledge. I do not believe anyone has personal knowledge of the alleged wrongdoing on my part and I again unequivocally deny that I have acted improperly in any way in connection with the service of eviction notices or any other legal documents. It is my understanding that the complaints against me are based upon someone's attempt to coordinate GPS data with times which are listed on notices or citations. Even if the 13 questioned documents were inaccurate, I would have correctly documented my activities almost 95% of the time. As it applies to me, this whole issue is an accuracy issue and not a fraud issue. If 13 were inaccurate (I don't believe I was inaccurate), that does not equate to any improper, fraudulent or criminal conduct on my part.

1

I have specifically reviewed the 13 items which have been provided to me at various times subsequent to receipt of the Garrity Warning. Because of the time lapse since the cases subject of the investigation, I have no specific memory of the timing of my actions as to the attempts and the affidavits being questioned. I have reviewed the only information I have available to me which consists of the notes on the citations and the GPS information provided to me. Suffice it to say that I believe that the manner in which the citation and the GPS information was correlated and the assumptions made are inaccurate and are not supportive of any wrongdoing on my part. There are no specific instances in which the GPS information provided to me was specific to the specific time I entered on the citation or notice questioned. At this point I believe it would be appropriate to challenge the validity of the GPS data in question. In preparing to make this statement, I have read many articles about the accuracy of GPS data. In these articles there are numerous stated conditions that can cause this data to be inaccurate including radio interference, surrounding structures, weather, satellite positions and the integrity of the cell network it operates on. Anyone who uses a cell phone in Dallas can testify to the fact that we have many issues including dropped calls, broken communication and problems even locating a network. I have also spoken to individuals who work for companies that use GPS to track vehicles and company assets. In these conversations I have been told of instances of employees reporting to be at a location and verified by others at that location yet there are either no GPS readings or readings that show them miles away from that location. From talking to other Dallas County employees who have access to our system, I have learned that our system has had similar occurrences. In review of the information provided me, I have found several obvious errors. This information shows in several places the ignition off, yet the vehicle is moving. There are also several occasions where the information shows that the ignition is turned off and on several times in a matter of seconds. These are obvious errors in the data and I believe should bring all the data into question. Based upon my review of the 13 service attempts reflected in the documents presented to me I have performed an analysis of the information presented and provide the following specific responses.
ORMATION IN.

. N. .,.;"

1

2627 Farmers Branch Lane Farmers Branch, Texas

Attempt

made at 12:20 p.m.

It is within

reason that I was at

Upon review of the GPS record from the morning attempt, I showed to be on the location in question at approximately the correct time for the attempt to be made and in the

the service location just prior to this as I was in the morning and the only discrepancy would be about a 15 minute difference in the attempt time.

2

12000 block of Webb Chapel Rd. approximately 7 minutes later. The GPS record from the afternoon time frame m. This attempt been time. made could have in the shows the same 12000 block of Webb Chapel Rd. at 12:08 2 5769 Beltline Rd. #509 Dallas, Texas just a f~QCks _-" location just before after-the question. 14243 Shoredale Lane Farmers Branch, Texas I()' ;)J - j; -{p:!>t!:ft, GPS records show that I am in the area just north of this location tim and south of the location at the stated attempt I would have traveled directly past this location during the time and thus it is reasonable that I made the attempt. attempt GPS records show me within of this and just time in

eas'lv

allowable

'1,t\

4

17200 Westgrove Dr. #531 Addison, Texas

GPS records show that I am a few blocks south of the service location 4 minutes prior to the attempt in question.

It is possible to have traveled to the location and back within the time allowed.

5

7107 Roundrock Road Dallas, Texas

This location

is just north of

Very attempt

reasonable

that

the

the intersection of Beltline and Hillcrest. GPS records show me at this intersection minutes before the attempt time.

was made at the ti

6

3508 Parkridge Dr. #114 Dallas; Texas

GPS records

show

me just location. Very reasonable that

-north of the jntersectlen
Marsh and LBJ, south bound, in the time attempt. frame of the the attempt was made in the time frame stated. I believe this instance is merely an error in time and not that the attempt was not made.

7

4015 Vitruvian Way #1202, Addison, TX

GPS records show me near the intersection of Spring Valley and Vitruvian Way approximately prior to stated. the 30 minutes time attempt

3

······.·Q;tl~$,.iPN .
8
3925 Vitruvian Way #2305, Addison, TX

· .... • 'f~~,~~66MAtIONIN
RESPONSE
GPS records show me near the intersection of Spring Valley and Vitruvian Way approximately prior stated. to the 30 minutes time attempt

'.

.....

I believe this instance is merely an error in time and not that the attempt was not made.

9

3925 Vitruvian Way #2805, Addison, TX

GPS records show me near the intersection of Spring Valley and Vitruvian Way approximately 30 minutes prior stated. to the attempt time

I believe this instance is merely an error in time and not that the attempt was not made.

10

1729 Cox Street #101 Carrollton, TX

GPS records show me within 2 blocks of approximately this 30 location minutes

This

attempt

was

made

just

prior to the Vitruvian Way

attempts on and the time is I

prior the attempt time stated.

difference in the attempt approximately the same.

believe this instance is merely an error in the time and not that the attempt was not made. This belief is supported by the combined information from Vitruvian Way and Cox Street. 11 1729 Cox Street #112 Carrollton, TX GPS records show me within 2 blocks of this location approximately 30 minutes prior the attempt time stated. This attempt was made prior to the attempts Vitruvian difference Way and the attempt in the just on time is

approximately the same. I believe this instance is merely an error in the time and not that .......theqltemp.twasno_tmClde~This_ belief is supported by the combined information from Vitruvian Way and Cox Street. 12 3611 Casaverde Ave. #2280 Dallas, Texas. GPS records show me on Josey Lane in Farmers Branch at 9:58 a.m. and McEwen Rd. at 10:04 a.m. Service address is in between these locations and attempt time is in between the GPStimes. It would be reasonable to believe this attempt was made as stated.

4

RESPONSE 13
1402 E. Crosby #2024 Carrollton, Texas GPS records show my approximate location to be the 5200 Block of Spring Valley Rd. from 11:21 a.m. to 11:44 a.m. These records are clearly erroneous and simply don't make sense. For instance, this record reflects that the squad It then car ignition was off, but the car was traveling at 6mph. shows an instance during the same time period when the ignition goes from off to on to off.

As I understand the accusations against me, there is no question the defendants in these cases received proper notice. The only question appears to be if some of the listed attempts were made. I believe that I have clearly demonstrated in the chart above that the attempts I listed were made or in one instance, the data was simply erroneous and inaccurate. To accuse the people of criminal actions based on information that is questionable, and opinions of people that have never done our job and have no idea how it is done, is extreme. In summary, I believe I have performed my work in a professional and accurate manner and totally consistent with any training I have received. Finally, in closing, I wanted to spend a brief moment calling to your attention a concern I have about this whole process. As you know, I have devoted most of my life to law enforcement. I believe that I have constantly displayed to you and others that I am a dedicated public servant who always attempts to give my maximum effort to serve and protect my fellow citizens. As you know, while in the service of the County Constable's office, I suffered a heart attack while pursuing a fleeing felon. My love of the job, my fellow officers and my community guided me through my rehabilitation and return to work. I have never complained about my physical conditionvbut I am concerned tha_t_Illave Qe~llQ1_()yedfrom on~jQlJ. to _ anQ_tl1~r_since. return. my and now the job I presently have is threatened by allegations that no one bothered to even discuss with me before I was given a written warning and suspended. It is my sincere hope that these recent actions by the Constable's Office have not simply been a pretext to discipline or terminate me because of my health and medical condition. Since this whole circumstance has the potential for devastating consequences to my job, my professional standing, my family and my life, I would very much appreciate the opportunity to discuss this matter with you at any time.

~~

Brett D. Miller

Date

'&!'tl

5

NOTICE OF SEPARATION
IDENTIFICATION Date of Employment: .

10-10-1988

Name:

Brett Dee Miller
_

Assignment No: -=..:12::.,:1::,_7.,:_9 Date Terminated:

05-24-2011

Organization:

Constable Pet. 3
0066
Job Title:

Position No: REASON FOR SEPARATION (Employee initiated ( voluntary) D Deceased D Dissatisfied Fail to Return D Family Reason D lllness D Other Job Personal

Deputy Const.· I

o

o Without
Employer

D Retirement D Returned to School D Spouse Relocated D Stay at Home D Other
Cause

o Mutual Agreement o Probationary o Reduction inForce

o

o
181 Active
[81 Kronos
[8IAIS

D Excess
Directory

initiated (involuntary)

o Summer Job Ended o Unsatisfactory Performance

o Rule/policy o At Will
o Other

Violation

Absences Exceeded LOA

1:81 Gross Misconduct - HR approved
[81 Outlook

SYSTEM ACCESS ADMINISTRATION

(for deactivation)

t81 Mainftame
I8Ins

[8J Oracle

L8J Building

Access

o Other

~ Odyssey

Prepared By: Title:

Terrie L. Yarbrough Telephone:

Chief Clerk

972-690-8692

Authorized Signature:

Date:
PROJECTED FINAL PAY (AUDITOR USE ONLy)

05-24-2011

Date of Separation: Accrual Balance at last earnings period Leave Used in current earnings period Accrual Balance due (excluding sick) % Sick due
Current Regular

County Time

FLSA

Vacation

CompTime

Sick

Sick Pay Off

Mileage/Tolls Parking Differential Hours
2000 Advance Payback CAPR 5 12110 l-Copv Auditor l-Conv Human Resources J-Conv Treasurer

1')

INRE GRIEVANCE OF VINCENT T. GRIFFIN

§ § § § §

BEFORE THE CIVIL SERVICE

~:~l\I.I$~l~m\-

OF DALLAS COUNTY, TEXAS

FINAL DECISION OF THE CIVIL SERVICE COMMISSION
On the so" day of January, 2012, the grievance of former Dallas County employee Vincent T. Griffin came on to be heard in the Allen Clemson Courtroom in the Dallas County Administration Building. The grievant was present and was represented by Attorney John Snider of Lyon, Gorsky, Haring, Gilbert & Livingston, L.L.P. The Office of Constable, Precinct 2, Dallas County, Texas was represented by Assistant Criminal District Attorney Ben Stool. This grievance arose from the termination of the grievant's employment by Dallas County Constable, Precinct 2, Michael Gothard on the 1st day of June, 2011. Documentary evidence submitted by the Constable's Office and the grievant was received and considered by the Commission. Both parties were permitted to call their own witnesses and cross-examine the witnesses of the other party. After consideration of the testimony of the witnesses, documentary evidence submitted by the parties, and the arguments of counsel, the final decision of the Civil Service Commission is to uphold the termination of the grievant's employment with Dallas County, Texas. This final decision of the Civil Service Commission was both signed by the members.g.. Civil Service Commission below and a copy hand delivered to the grievant on this the day of January, 2012.

3e>

n:~ ~1
DWaynBiShop Commissioner

Mlt01 Z·ck~
f
yBfSimon Commissioner

TW#II-000329

Page 1

PERftaIl~ ~OUlfty.E

FormflJt5ir~e'8qc~~orm

Please type or print clearly using ink. All grievances under the Civil Service System will be resolved as quickly as possible and at the lowest administrative level possible without regard to race, color, religion, sex, national origin, age, or disability.

Human Resources/Civil Service Department 509 Main Street, Room 103 Dallas, Texas 75202

Dallas County Formal Grievance

SCOPE OF GRIEVANCE APPEAL PROCEDURES

~
-

~

{J")

::c

1'T1

CJ

A Grievance may be filed on one or more of the following grounds. Indicate the basis for youriiie~ce consult Section 86-1001 through 86-1007 of the Dallas County Codefor additional information. ,....,
l\;)

a~4 ...,

o o

D D
U

Improper applications of rules, regulations, and procedures Unfair treatment, including coercion, restraint or reprisal Discrimination based on race, religion, color, creed, gender, age, national origin, disability or p~Jitical affiliation (circle specific item grieved)

o
o o o

D Disciplinary action taken without proper cause D Improper application of fringe benefits or improper working conditions (circle specific item grieved)

rst' Demotion, suspension or dismissal

(circle specific item grieved)

REASON(S) F'()R·GRIE¥ANCE State your grievance in detail, including the daters) of acts or omissions causing the grievance. Indicate the specific rule or benefit not properly applied and why you believe the disciplinary action taken is unjust or unfair. Attach additional sheets if necessary.

+k:
f,F

't'J'lll~.. ,~' " "",-;:sA-t", ,,'"
\I\"-\,1 I ,

N

\

U:"...-JJ

i

('i1:-:tfl

o.

,,t -+11'£
l\

rke; s.'- 't.(,\
"

~'-1f;.,.6

L,,,,,,:rl
J

,
W£f~

IrJ

IJn

I'

lf~+,
\I

>,\(

On, <.:€All_r~J~u~

S:;_,~\,s=4A...\44 ",f"' c \ n li\'~- ' S

'-r_ .-,

t~,-ht
1\\\

4~
hi:Z

If,<C.k
J

I

rEG,I.'

u

(f+-~t-,
(

,

o..f--tE.-.f-

I

I\tt;..~'i!--J ~
I

i

~/~
,~

.1

I\

'I

I.-:-.,..}
'~

P'''''ltl
~

ML fLC fc. ft:::'Iri ~.
(~'f~'
C

i~ (f3.~'fU2A A-ro-1 Lfi:N €h{j:: ,' -.\-.\~~ (b ~Cj ol~ ,'\i Pw\~ f)-C;\- '! c .' I ~,~J , I
l\lV\"

be

M~ '~J,1-- t~
-~MC

vi
v

A-;\ir4

{(£!l,ht:1

li',l

\lc_~-\

,'\d~i t.f':'
J '

I

ocrt:tf-l
\

NC

I

hIE

,

WITNESS(ES) Identify other employees who may have witnessed this grievance.
1. 2.
3

(l' ~
'Iv..",,-

~~~\!\9._.
.-

yY0\

~~~J ''t) . y~,.{.~-z_ S'~+. Dti~ Wf\l
i

C'"

~t: \

C ~+i't'r1;'li(

4.
~Iil

5.

I

W-~I'\lJ
~'

~<".\t>(0\A
I

6.

<; ~~'nr""

g'~l:>d<
€(L\),

-\t\jc.N~ REMEDY SOUGHT: Describe .the.remedy.or solution being requested.by the filing of this grievance.
r

l. <1.'1).

vvv.. C~\ A-E-\

l-J
-

J

'-1 ~E]lLv
\

(E~\ -.

loJ<,;;::-~'

,.-,-1

~J,'-'
I

~".'

t-,-

·.ul\d- (ffJI'}..__ LI'\I..:"'\c \J{)N,f , I

h-.rrl,

..

~;,._
J

(1£

h::J' -e:1J. G£

I

I rl't\ ""~ Mn~ ~£l\ItH

k~/\c--..{)J
"

~r
.._.

.. ..' hl'2..W\."N
w~

II:"

~

.

,~~

~

,I l~ \J t;,(!<.::ri I

"".gJ iG~~ ttm:..
.;:

',..

'., ~

" i~ \ i

£s-+:. '\ {>;-1;",-,

rJ

b~

A"
(L/F

{.{M)7
f- rf

d.f-,0. , ( f N fT.-M p

V\t\~t'l... \

f,'\> \"""

Y"\'\1, I

V~;::;"n'N«:-,i

I

~v-ku-.J.

~d
h'l€

,~--di. ~1_()~;- 0vJ Y {(ftv£ flLlA::\td

_

Name: ATTORNEY OR THIRD PARTY INFORMATION: Address:

dv,\-i,
31's I
~'h~~·

tA \\

'

I
i F'!

~ ~~~~
I

' VI C
, t\~

)('1\1\11'.1 EV1

/W...::

f

'-

Street City

'b ~Hf\<;:

Employee Signature:

I V ,._:~~-"
"
~/

Telephone Number:

'Li

~~

jA__ :i-nate:
"I

4 ~ ~ t s-- b\)9\J
6~r
~""L -

State, Zip Code

1IUJ~ \

\

Filing Instructions: A grievance must be filed in writing within seven calendar days from its occurrence and/or from the date of receipt of written notification of disciplinary action, exclusive of holidays, to be considered. Termination and disciplinary action grievances should be initially filed with the first level of supervision above the employee's supervisor who has caused the action, with a copy to the employee's immediate supervisor and the Human Resources/Civil Service Department. All other grievances should be initially filed with the employee's immediate supervisor.

--

-

-

--

Internal Use Only
Date Filed Date Appealed (P~ Date Appealed (2nd) Date Appealed (31'd) Comments

!!!

I

r-,

Monday, January 30, 2012

I, Robert E. Suits, hereby withdraw my grievance of the termination of my
employment with Dallas County, Texas.

Ro

Dallas County Formal Grievance Form

Please type or print clearly using ink. All grievances under the Civil Service System will be resolved as quickly as possible and at the lowest administrative level possible without regard to race, color, religion, sex, national origin, age, or disability.

Human Resources/Civil Service Department 509 Main Street, Room 103 Dallas, Texas 75202

IB'd ~~~g-,-.b->""I,.'-'Jered/--~--I"~

Dallas County Formal G rievance F~~~~~~f'e

IV

Home Telephone Number Mobile SCOPE OF GRIEVANCE APPEAL PROCEDURES A Grievance may be filed on one or more of the following grounds. Indicate the basis for your grievance and consult Section 86-1001 through 86-1007 of the Dallas County Codefor additional information.

o o o o o o

D D D

Improper applications of rules, regulations, and procedures Unfair treatment, including coercion, restraint or reprisal Discrimination based on race, religion, color, creed, gender, age, national origin, disability or.political affiliation (circle specific item grieved) _.'
I';;"'...)

D Disciplinary action taken without proper cause

.... fN)

D Improper application of fringe benefits or improper working conditions (circle specific item grieved)
Demotion, suspension or dismissal (circle specific item grieved)

REASON(S) FOR GRIEVANCE State your grievance in detail, including the daters) of acts or omissions causing the grievance. Indicate the specific rule or benefit not properly applied and why you believe the disciplinary action taken is unjust or unfair. Attach additional sheets ifnecessary.

WITNESS(ES) Identify other employees who may have witnessed this grievance.

1. 2.
3

4. 5. 6.

REMEDY SOUGHT: Describe the remedy or solution being requested by the filing of this grievance.

Name: ATTORNEYOR THIRD PARTY INFORMATION: 11;/(/'5 Address:

/','0
:-+<-e

3 i'3 i
~·u

M ck

I ~~ q J

S-ft:wU
AI

~

tV

'-Li.

f?"

DC4r--I!1J.-- s

~

T~hon"lllber:

2 i "-I

n

I eo 1(, s-

l
l(

Street City

7S-Lo
if

State, Zip Code

Dc90

Employee Signature:

g$~~~~Date:
/'

6-2 -

Filing Instructions: A grievance must be filed in writing within ~ calendar days from its occurrence and/or from the date of receipt of written notification of disciplinary action, exclusive of holidays, to be considered. Termination and disciplinary action grievances should be initially filed with the first level of supervision above the employee's supervisor who has caused the action, with a copy to the employee's immediate supervisor and the Human Resources/Civil Service Department. All other grievances should be initially filed with the employee's immediate supervisor.

Internal Use Only
Date Filed Date Appealed (F~ Date Appealed (2nd) Date Appealed (3I'd) Comments

INRE GRIEVANCE OF JEFFREY HOPKINS

§ § § § §

BEFORE THE CIVIL SERVICE COMMISSION OF DALLAS COUNTY, TEXAS

FINAL DECISION OF THE DALLAS COUNTY CIVIL SERVICE COMMISSION On __

?--I--_(_\_(

,2012, Jeffrey Hopkins' grievance hearing regarding his June

3, 2011 termination took place at the Dallas County Administration Building in the Allen Clemson Courtroom. The grievant was present and was represented by counsel, and the office of Dallas County Constable, Precinct 1, was represented by the Dallas County Criminal District Attorney's office. After considering the evidence, the testimony of witnesses, and the arguments of counsel the Dallas County Civil Service Commission upholds the termination. DATED:
l ,2012 --~~-------------

~111\ /I

Dwayne BishOP Commissioner

Ii~M

FINAL DECISION OF THE DALLAS COUNTY CIVIL SERVICE COMMISSION
Trialworks No, 11·000351

Page Solo

Dallas County Formal Grievance Form

o o

Rec'd by M a--:;i/:-ed-:--':'__:':'_:__:'''':::_Faxed

Street

City

Home Telephone M Mobile SCOPE OF GRIEVANCE APPEAL PROCEDURES A Grievance may he filed on one or more of the following grounds. Indicate the basis for your grievance and consult Section 86"-1001through 86-1007 of the Dallas County Codefor additional information.

o o o o o o

~

Improper applications of rules, regulations, and procedures

1121"Unfair treatment, including coercion, restraint or reprisal 0 ~ 0 ~ Discrimination based on race, religion, color, creed, gender, age, national origin, disability or political affiliation (circle specific item grieved) Disciplinary action taken without proper cause Improper application of fringe benefits or improper working conditions (circle specific item grieved) Demotion, suspension or dismissal (circle specific item grieved)

-

REASON(S) FOR GRIEVANCE State your grievance in detail, including the daters) of acts or omissions causing the grievance.

spectftcrule (JroenejiriiiJtprojierly
~

applied dnil-wnYYiJirh7flieve-t1i1:T71isciplin7iryactiolitakeifis

unJusT

Indicate the
~"c;;:;~;;;!o;--+----- --------

.LU"~""'.

additional sheets if necessary.

-

WITNESS(ES) Identify other employees who may have witnessed this grievance.

1. 2.
3

4.

s.
6.

REMEDY SOUGHT: Describe the remedy or solution being requested by thefiling of this grievance.

fl V

i)

/"

Name: ATtORNEY OR THIRlJ PARTY INFORMATION:

CIu,0
/
L

cte/v~~~
tt

Address: '

~513 ('/11(rL i4:~ J
7?c2(Jt;L

,j

J~ bjJjJ1 0
,~t,r)

0

dA..k

PlOD Street City

Telephone Number: Employee Signatur
~

;J IV' - if ~'J- 6JQ q d

State, Zip Code

_U,

~
/{

.

-

)VUU

"Date:

t -.t;--//

Filing Instructions: A grievance must be filed in writing within seven calendar days from its occurrence and/or from the date of receipt of written notification of disciplinary action, exclusive of holidays, to be considered. Termination and disciplinary action grievances should be initially filed with the first level of supervision above the employee's supervisor who has caused the action, with a copy to the employee's immediate supervisor and the Human Resources/Civil Service Department. Al! other grievances should be initially filed with the employee's immediate supervisor.

Internall]se.Only
Date Filed Date Appealed (1S) Date Appealed (2nd) Date Appealed (3"d) Comments

c.

Dallas County Formal Grievance Form

,.._--~""",-

o .Faxed
~

o

Rec1d by .J - fJ fl
Mailed

~>

Tf

L

Hand Delivered

Please type or print clearly using ink. All grievances under the Civil Service System will be resolved as quickly as possible and at the lowest administrative level possible without regard to race, color, religion, sex, national origin, age, or disability.

Human Resources/Civil Service Department 509 Main Street, Room 103 Dallas, Texas 75202

Dallas County Formal Grievance Form

Rec'd by_=-:.---t.::-:._c_..:...:...~ Mailed 0 Faxed

o

Name: Home Address:

Street

City State, Zip Code

Home Telephone N. Mobile SCOPE OF GlUEVANCE APPEAL PROCEDURES A Grievance may be filed on one or more of the following grounds. Indicate the basis for your grkvance and consult Section 86"-1001 through 86-1007 of the Dallas County Codefor additional informati0'2:; __• " .
1'\)

o o o o o o

if
~

J:.~(j')

Improper applications of rules, regulations, and procedures Unfair treatment, including coercion, restraint or reprisal

~f):_(.J

:r;::.. (li

p.,,)

---1"

D
~.r

Discrimination based on race, religion, color, creed, gender, age, national origin, disabf1?tYbrp~tic~l' affiliation (circle specific item grieved) -.. Disciplinary action taken without proper cause

D Improper application of fringe benefits or improper working conditions (circle specific item grieved) Ear Demotion, suspension or dismissal (circle specific item grieved)

REASON(S) FOR GRIEVANCE StateyourgrievanceiTrtletail,-includingthedate(s) of acts-or m1tissionscallsing~the grievance: Indicate specific rule or benefit not properly applied and why you believe the disciplinary action taken is unjust or unfair. Attach additional sheets if necessary.

Or \GwS

0+ +hLS
V <::<AC

S+o.. tel \-7

eca.us ~ +he

d \sc.. \Pl \
\Dl'\
0

VI. 0...

v- VI

CAC...L,OV\
VI.

LULL)

I

~Xt.:._c:,s5_ \ v c_ dVLd

be. Co Ll ,~ e.
he_rl
LuevC'

+h~
IVl

1(\

\1 ES+\O,o..T
1.0 V\

CGlAd
(V\_l.j

c. -\ c: d
r
(.7>

OI.V\d
l
0"'-

I+he dC"'c,<:" i 0 V\

\/\olaA

o-f

DrA cecll I

d

,Su..h S+_Q,__v\

t \\I

e. r\.~h~S~

f'~_')

].>~?
i~-' 1::....
,-r"

CJ-...i

,-.. ....
,."

$::::::
:1.::
I r"''''

';'
-"".'

G:;=>: ;,-,
;"'i~l

c-~:X",'

'

""

,,,"

r-'"'''' _,':;"
~;' -,

~
'fl'"

i,.,.!

r" ,;,,-:'

::;::
r'",)

"1)

=~;::.;.. C/j
i',/) ,;.... . "~~

,:." :'~, '.
~'-'

f'.) tJ:)

WITNESS(ES) Identify other employees who may have witnessed this grievance. 1.
2.

CCI,\S-\CA, _r ') L e
I

eh\e~

Lvc"V'\. S
\

~

4. 5. 6.

Ir0.Ce4

I

Ko'b! }'-i.~O

t')

'P>/'c-;) yo>
<e. y_
\

3

LT, GLI, \ \

e '-'iI

REMEDY SOUGHT: Describe the remedy or solution being requested by thefiling of this grievance.

T herc:_f7i..t
I)e. \101 de

J.
~h

{

r-eQu. <:'8. +t
II

h c..-+ o++er
f

C\_

heCt

r!

Y\

+hc..f 0./1
>.{

bCACJ.{

0& 4 o..Y1.

d be.

_J

q 5

I

-f

hi.'}

-!-erW\I n ~+ I 0-1"1
VYle,

hell cfr-f

otrld Ihc.-f
an
'~I \

J +11 e- ref e.+ c: eI
e_.

.

<3tn (/

a fI

re-kref1 c. e

-ju

11111(5+ 1S_c.,±! 0 1"1 v

cit S c P rErnwed +~o
-fhf5
I

/;e_ JrC:.S+o ere d -/-Q
{If"!
CSi.

v'1 ,
I

aCtion {kr,C'.,6
(l {\ ~

M

rn C{

I

Name: ATTORNEYOR THIRlJPARTY INFORMATION:

Qhr\~
I

L\V I

t-s ~

ST

0

'!---/

Address: ,~13

M~klh V\.e'1
"1 S ;;t

r\v

e._

Street City

stc
)
/

\00

nA\\AS '1- 'I Teleph().~umber: ?~-:
~..J"'V\-

0'-/
0

State, Zip Code

Employee Sienatu

;:;

-./

/_'1_

d. I LJ - Gi \0 5 ~ 0 uS'
"3 ,;Loll

/JI.'"

f

to

I_ ..

/II Date: k_,

II

t:»

Filing Instructions: A grievance must be filed in writing within ~ calendar days from its occurrence and/or from the date of receipt of written notification of disciplinary action, exclusive of holidays, to be considered. Termination and disciplinary action grievances should be initially filed with the first level of supervision above the employee's supervisor who has caused the action, with a copy to the employee's immediate supervisor and the Human Resources/Civil Service Department. All other grievances should be initially filed with the employee's immediate supervisor. o ","""",t
! r-- iJ; __
(.I) ,
'f,

-.... .--.

pc)")
"" i:J

,
CTI
'

'~_F,; C"")
...... l~ ,

'-1-; i~·:·
.,.""""
"",~'-'"

.... ,~ f

".'.',.-,
1~

-,,;,

-v-r ..:.... ,.

1'0
.----------_ ---_ - ---

~:----

.,

Internal USe OlzZy

-

--

---

---

") ~ .., ,,,

~,.

Date Filed Date Appealed (P1 Date Appealed (2n~ Date Appealed (3"d) Comments

DALLAS COUNTY
HUMAN RESOURCES MANAGEMENT/CIVIL SERVICE

Date: To:

July 16, 2012 Gregory London c/o Attorney John Snider Lyon, Gorsky, Haring, Gilbert & Livingston, 313 I McKinney Avenue, Suite 100 Dallas, Texas 75204

L.L.P.

Subject:

Decision of the Dallas County Special Civil Service Commission Related to Gregory London's Appeal of Termination from Constable's July 11,2012

Office Precinct #1

Hearing: Date:

Summary: On June 3, 201 I, Gregory London was terminated from his Deputy Constable I position after an investigation of sworn statements (affidavits) and returns on civil process executed pursuant to Texas Rules of Civil Procedure 742 and 742a was completed. The Constable of Precinct # I determined that at least one instance where Mr. London filed a sworn statement was false, Mr. London filed a grievance alleging improper application of the rules, regulations, and procedures; unfair treatment, including coercion, restraint or reprisal; disciplinary action taken without proper cause; and dismissal without proper cause. Mr. London requested the termination be voided, that all back pay and benefits be restored, and that any and all references to the disciplinary action and the related investigation be removed from his personnel record( s).

Decision:
The Special Civil Service Commission unanimously voted to overturn the department's termination decis ion and grant Mr. London the restoration of back pay for the period of June 3, 2011, to the date of reinstatement, restoration of seniority and benefits, and ordered Mr. London's reinstatement to his p n as a deputy constable effective immediately.

~~H~~~~~::S~~~ .
Chairman Prepared by: Ma1f))' Mauldin-Taylor, Ph.D. etary to the Commission

~<~

wayne Bishop Member

~ ... y ~~/Jf£~t:~~-~/Al 1J1~- O-~.{. t!t;&l(j!J£"
set)

j/~

509 Main Street Records Building

Dallas, Texas Equal Opportunity Employer

214.653.7638

DALLAS COUNTY
HUMAN RESOURCES MANAGEMENT/CIVIL
REGULAR Date: To: AND CERTIFIED July 19,2011 Kevin Schoch c/o Craig Driskell, Attorney CLEAT 904 Collier Fort Worth, Texas 76102 cc: Michael Gothard, Constable c/o Ben Stool, Assistant District Attorney MAIL:

SERVICE

70100290000027307011

Subject:

Decision of the Dallas County Civil Service Commission Termination of Employment Constable Precinct 2 Department July 8, 2011

Hearing: Date:

Summary: Constable Michael Gothard discharged Kevin Schoch on February 14,2011 due to an off-duty DWI related arrest that occurred on January 2, 2011. Deputy Constable Schoch filed a grievance alleging the termination was unjust and was retaliation for filing harassment complaints against Constable Gothard and other employees of Precinct 2 on January 28, 2011 and February 11,2011. He stated that he had not been convicted of any crime and therefore should not have been discharged. Schoch cited the county's Drug and Alcohol Policy that states the county would only remove the employee from safety sensitive duties until resolution of the charge. Additionally, Deputy Schoch faulted the resolution of his second harassment complaint. He said the investigation into the allegations made in this complaint was not completed within the timeframe outlined by policy. Deputy Schoch sought immediate reinstatement with the understanding that he may be removed from sensitive duties until the final disposition of his DWI case. He further indicated, if convicted, he was willing to complete a drug and alcohol abuse or rehabilitation program approved by the County. Decision: T

Member

Member

e Mauldin-Taylor, Ph.D. cretary to the Commissio

509 Main Street Records Building

Dallas, Texas Equal Opportunity Employer

214.653.7638

Dallas County Formal Grievance Form

0F

... CIt

"""
f'I1
N
CiA)

--= m
::0
0
tn %

co.
."

%

.........
(")

:"""1"\

:x
CiI'l

<
~
.... r"1
::t,)

..
C,jj)

"

<::

c)
r<l

Please type or print clearly using ink. All grievances under the Civil Service System will be resolved as quickly as possible and at the lowest administrative level possible without regard to race, color, religion, sex, national origin, age, or disability.

Human Resources/Civil Service Department 509 Main Street, Room 103 Dallas, Texas 75202

Dallas County Formal Grievance Form

State, Zip Code

Home Telephone Number: Mobile Y; SCOPE OF GRIEVANCE APPEAL PROCEDURES A Grievance may be filed on one or. f110re0ttheIollowinggrounds. Indicate the basis for your grievance and consult Section 86-1001 through 86-1007 of the Dallas County Codefor additional information.

o
o

,J21

Improper applications of rules, regulations, and procedures Unfair treatment, including coercion, restraint or reprisal Discrimination based on race, religion, color, creed, gender, age, national origin, disability o~ ~circIe specific item grieved) Disciplinary action taken without proper cause Improper application of fringe benefits o~ Demotion, suspensio~~ working condit~ircle specific item grieved)

JLr
.0

o
o

P
.,ear
)2(

o o

circle specific item grieved)
~..

m :::0 REASON(S) FOR GRIEVANCE ~. ~ State your grievance in detail, including the daters) of acts. or omissions causing the grievance. 1Idicie the specific rule or benefit not properly applied and why you believe the disciplinary action taken is unjufIfJor 'iIJlfair. Attach additional sheets ifnecessary.

It· ~
<.

5EE

,
:::111:. ___

~ c.n

WITNESS(ES) Identify other employees who may have witnessed this grievance.

2.

- Lv I FE
REMEDY SOUGHT: Describetlte remedy or solution being requested by the filing of titis grievance.

Name:

ATTORNEY OR THIRD PARTY INFORMATION:
Street Ci State, Zi Code

Date:

J~ J3-

J\

Filing Instructions: A grievance must be filed in writing within ~ calendar days from its occurrence and/or from the date of receipt of written notification of disciplinary action, exclusive of holidays, to be considered. Termination and disciplinary action grievances should be initially filed with the first level of supervision above the employee's supervisor who has caused the action, with a copy to the employee's immediate supervisor and the Human Resources/Civil Service Department. All other grievances should be initially filed with the employee's immediate supervisor.

Intemal.Ilse-Oni
Date Filed Date A Date A Date A Comments

On February 14,2011, at the end ofthe business day, my employment as a deputy constable was terminated by Precinct 2 Constable Michael Gothard. In the termination letter, Constable Gothard cites the reason for termination is due to an off-duty DWIrelated arrest that occurred on January 2, 2011. I believe my termination was unjust and is actually another form of retaliation by Constable Gothard. Below are the alleged policy violations Constable Gothard fired me for, and my corresponding responses to each one. To make this appeal easier to the reader, I assigned numbers to the allegations as they appeared throughout the termination letter in order to _ address each specific one. Dallas County Code §86-591 Allegation 1: (1) "Incompetence."
-

=
• 3

·Ptl tJ') :::0

-::0

0 %
("1"\

%

,_. ......
C?

<: .(/";

Response: • Other than this one word, Constable Gothard never explained how I was "incompetent'. therefore I do not think he has proven this as a policy violation. I simply deny the charge. Dallas County Code §86-591 Allegation 2: (8) "Other Conduct Inconsistent with the Interest of the County." Response: Again, other than citing this policy, Constable Gothard never cited in my termination letter what this allegation means in relation to my termination. I deny this charge, as well. Dallas County Constable Pct 2. General Orders and Code of Conduct §670.04 "Professional Conduct and Personal Bearing":

....... rn

~

C">

m

Allegation 2: (7) "No Deputy shall be intoxicated; ifbrought to the attention ofthe public, could result in justified unfavorable criticism of that Deputy or the Department." Response: It has not been proven that I was intoxicated. convicted of being intoxicated.

It is merely an allegation. I have not been

Allegation 3: (10) "No Deputy of this Department shall engage in any conduct which constitutes conduct unbecoming an officer or neglect of duty." Response: I have never engaged in any conduct detrimental to the department nor have I ever had

any sustained complaints for neglect of duty. Allegation 4: (11) "No Deputy shall engage in any personal conduct or act which, if brought to the attention of the public, could result in justified criticism of that Deputy or Department nor shall they be involved personally in disturbances or police incidents to their discredit." Response: How ironic that Constable Gothard would cite this subsection when he himself is under investigation for felony perjury charges, which has brought more unfavorable criticism to the department than my class B misdemeanor charge. My DW1 arrest was never brought to public attention until I was terminated and Constable Gothard personally contacte~ ~ reporter for the Dallas Morning News. How can he say that my arrest brought ~ ~ unfavorable criticism when he is the one who solicited the negative attention? This just an example of the retaliation that I have been working under. .. ;::::

iI1 ~
....,

!J ......
Q

Unspecified Policy Violation:

"lit ::£

<:
'" el)

Allegation 5: ... ~ "Your refusal to submit to the taking of a specimen of your breath or blood for analyC.to ~ determine the alcohol concentration is conduct unbecoming ... subsequently a warrant was g, obtained in order to obtain a specimen of your blood for testing ... The analysis of your blood reflects that you had over twice the legal limit of alcohol in your blood." Response: It is and was my constitutional right to refuse a breathlblood tests on January 2, 2011. To date, I have not received a copy of the offense report or the alleged blood results Constable Gothard is citing in the termination letter. Please note that no DW1 case has even been filed against me. As ofthis writing, my Texas driver's license and my peace officer's licenses are current and have not been revoked. Allegations of Misconduct Concerning Dallas County Constable Pct 2. General Orders §270.07 "Arrest Notification While Employed": Allegation 6: "[I] did not follow ... §270.07 ... which states that any employee arrested on any infraction shall notify the Constable, in writing, no later than 24 hours after such arrest. [I] did not notify [Constable Gothard] in writing until January 20,2011, at 4:07 pm." Response: My supervisor, Sgt. Kuhn, was notified of my arrest on January 2,2011 at the time ofthe incident. Sgt. Kuhn contacted Chief Kurtz who then contacted Constable Michael Gothard. The following morning, Constable Michael Gothard leaked my arrest to the public via Pastor Ashlock. I returned to work 72 hours after my arrest due to a holiday and personal day. Sgt. Kuhn advised me to "hang tight" and he would let me know what needed to be done.

Harassment and Retaliation After years of harassment and retaliation by Constable Michael Gothard and other employees ofPct. 2, I filed harassment and retaliation paperwork with personnel on January 28, 2011. This behavior is a violation of County Policy §330.01 which is suppose to provide all employees with a work environment that is free of any form of unlawful harassment, any hostile work environment or any retaliatory action against an employee who reports unlawful harassment. ... It is my opinion that the safeguards of §330.02 were violated in that it states that a per. who brings a complaint of unlawful harassment/retaliation to management will not su~ retaliation or adverse employee decisions as a consequence.-II
-

S

~.

""'0

00 0

Additionally, §3 30.13 states that the receipt of the original harassment incident report 2t constitutes the beginning of the timeline of the complaint procedure. Completion of the:: investigation and resolution of the complaint should occur within 10 working days. I ::. filed an additional complaint of harassment and retaliation on February 11, 2011. I was never contacted, nor was my complaint acknowledged by personnel. On February 14, 2011, I was terminated by Constable Michael Gothard. Conclusion

...

~ ~ ;;;

<
~ ~
I'Tl

§86-836(2) (a) states that if only charged with an alcohol or drug offense, the County will "Remove the employee from safety sensitive duties until resolution of the charge." §86-836(2)(b) states that if convicted of an alcohol or drug offense, the County can take "Appropriate disciplinary action, up to and including termination; and lor require the employee to participate in and complete a drug/alcohol abuse assistance or rehabilitation program approved for such purpose." Remedy Sought Per the Dallas County Code, Chapter 86, §86-836(2) (a), I am asking that I be reinstated, as I have not been convicted of any crime. In fact, no charges have even been filed at this point. During my reinstatement period, I understand that I may be removed from sensitive duties until the final disposition of my DWI case. If I am later convicted, I am willing to complete a druglalcohol abuse assistance or rehab program approved by the County.

DALLAS COUNTY

HUMAN RESOURCES MANAGEMENT/CIVIL

SERVICE

August 11,2011

Dedrick Miller c/o Christopher D. Livingston Law Offices of Lyon, Gorsky, Harings, Gilbert & Livingston, L.L.P. 3131 McKinney Avenue, Suite 100 Dallas, Texas 75204 Dear Mr. Miller: We have reviewed the grievance you submitted to us on June 6,2011 and find that you do not have civil service appeal rights. Our records show your hire date was January 29,2007. Deputy Constables who were hired after August 19,2003 are category "A" employees. Category "A" employees do not fall under the jurisdiction of the civil service system and are excluded from coverage afforded by the grievance system procedures. See the attached copy of memorandum notifying you of this exclusion and signed by you on March 7, 2008. Therefore, no action will be taken regarding your grievance. If you have questions or require more information, do not hesitate to contact me. Sincerely,

cc:

Constable Derick Evans

509 Main Street Records Building

Dallas, Texas Equal Opportunity Employer

214.653.7638

Dallas County Formal Grievance Form

[Q--Ffand Delivered

Rec'd o by Ma-:-i1:-ed~;......!_-=::'-o Faxed

~lV\_~~

<L

C-tTJ2t

_,......._.~ .....

Please type or print clearly using iiik..A.ll grievances under theCivil Service System will be resolved as quickly as possible and at the lowest administrative level possible without regard to race, color, religion, sex, national origin, age, or disability.

Human Resources/Civil Service Department 509 Main Street, Room 103 Dallas, Texas 75202

Dallas County Formal Grievance Form

Home Telephone Number Mobile

Work Telephone: Email Address: SCOPE OF GRIEVANCE APPEAL PROCEDURES

A Grievance may be filed on one or more of the following grounds. Indicate the basis for your grievance and consult Section 86-1001 through 86-1007 of the Dallas County Code for additional information.

o o o o

~ ~

Improper applications of rules, regulations, and procedures Unfair treatment, including coercion, restraint or reprisal
.......

.:!

rry ;:0
GJ)

o

Discrimination based on race, religion, color, creed, gender, age, national origin, disability pol!:ical affiliation (circle specific item grieved) ~ ......, <, action taken without proper cause application of fringe benefits or improper working conditions (circle specific iteibgr~ed) specific item grieved): .~
r"l

a
Qn

o

~Disciplinary WImproper

o o

,. :::lit ~
~

~Demotion,~~~circle

REASON(S) FOR GRIEVANCE .State.your.grievance in .detail; including .the.datets). 0ifacts.o r omissionscausing.the.grievance: ..J.jru.ll:(;U,re--.rJt.e-1i specific rule or benefit not properly applied and why you believe the disciplinary action taken is unjust or unfair. Attach additional sheets if necessary.

.

.

.

deC/5);;)h ~
1'191-;15)

~f'e'

If)

U/O(ODo)' otIh71j1'00dLt~/

WITNESS(ES) Identify other employees who may have witnessed this grievance. 1. 2. 4.

5. 6.

REMEDY SOUGHT: Describe the remedy or solution being requested by thefiling of this grievance.

/

Name: ATTORNEYOR THIRD PARTY INFORMATION: Street

Code

Filing Instructions: A grievance must be filed in writing within ~ calendar days from its occurrence and/or from the date of receipt of written notification of disciplinary action, exclusive of holidays, to be considered. Termination and disciplinary action grievances should be initially filed with the first level of supervision above the employee's supervisor who has caused the action, with a copy to the employee's immediate supervisor and the Human Resources/Civil Service Department. All other grievances should be initially filed with the employee's immediate supervisor.

Internal Use
Date Filed Date Date Date Comments

DALLAS COUNTY
REGULAR AND CERTIFIED MAIL: Date: To: December 21, 2011

HUMAN RESOURCES MANAGEMENT/CIVIL

SERVICE

cc:

Camille Stearns Miller White & Wiggins, LLP 901 Main Street, Suite 6200 Dallas, Texas 75202

Subject: Decision of the Dallas County Special Civil Service Commission Appeal of Termination from Constable Precinct #4 Summary: Rodrick Samples was discharged from Constable Precinct #4 on June 3, 2011 for violating the General Orders and Code of Conduct of Dallas County Constable, Precinct 4 under Professional Conduct - Dereliction of Duty (Item #10-Lack of diligence in the performance of any duty). Mr. Samples subsequently filed a grievance on June 5, 2011 alleging improper application of the rules, regulations, and procedures; unfair treatment; disciplinary action taken without proper cause; and dismissal. An appeal hearing was held on December 6, 2011. Mr. Samples sought reinstatement to his former position, full back pay, restoration of benefits, and removal of all references to the disciplinary action and related investigation from his personnel file. Decision: After hearing testimony from both sides, the Commission upheld the department's terminate Mr. Samples.

decision to

,
Mandy Pnce Chairman

If_fP}$&.~ BiShOP
Dwayne Member

Prepared by: Mauldin-Taylor, Ph.D. Secretary to the Commission

509 Main Street Records Building

Dallas, Texas Equal Opportunity Employer

214.653.7638

Dallas County PEHSOHHEl ICIVIl SEf:V\C.E Formal Grievance Forqut' JUN-S AM":53

Rec'd by_~=-Mailed

-/

o o
~I

__

-

Faxed m-Ffand Delivered

~

o-C~·

Please type or print clearly using ink. All grievances under the Civil Service System will be resolved as quic1dy as possible and at the lowest administrative level possible without regard to race, color, religion, sex, national origin, age, or disability.

Human Resources/Civil Service Department 509 Main Street, Room 103 Dallas, Texas 75202

Dallas County Formal Grievance Form

Street

City State, Zip Code

Home Telephone Number: Mobile

Work Email SCOPE OF GRlEV ANCE APPEAL PROCEDURES

A Grievance may be filed on one or more of the following grounds. Indicate the basis for your grievance and consult Section 86-1001 through 86-1007 of the Dallas County Code for additional information.
/~.

o o o o o
o

[!f"

/""

/-

Improper applications of rules, regulations, and procedures

~

Unfair treatment, including coercion, restraint or reprisal Discrimination based on race, religion, color, creed, gender, age, national origin, disability or political affiliation (circle specific item grieved) action taken without proper cause

o

~~ciplinary

o

Improper application of fringe benefits or improper working conditions (circle specific item grieved) suspension o~circle specific item grieved)

~emotion,

REASON(S) FOR GRIEVANCE State your grievance in detail, including the daters) of acts or omissions causing the grievance. Indicate the specific rule or benefit not properly applied and why you believe the disciplinary action taken is unjust or unfair. Attach additional sheets ifnecessary.

WITNESS(ES)

Identify other employees who may have witnessed this grievance.

1.
2.
3 REMEDY SOUGHT: Describe the remedy or solution being requested by the filing of this grievance.

7/1/..5
T/Ii.f !J/_f C!;p1t,A//Jfe¥'
I

Name: ATTORNEYOR THIRD PARTY INFORMATION: Address: Street
City

State, Zip Code Telephone Number:
..,.

.

,L/-*/~L

Date:

0~5- 201/

Filing Instructions: A grievance must be filed in writing within seven calendar days from its occurrence and/or from the date of receipt of written notification of disciplinary action, exclusive of holidays, to be considered. Termination and disciplinary action grievances should be initially filed with the first level 0/ supervision above the employee's supervisor who has caused the action, with a copy to the employee's immediate supervisor and the Human Resources/Civil Service Department All other grievances should be initially filed with the employee's immediate supervisor.

Internal Date Filed Date Appealed (lS1 Date Appealed (2nd) Date Appealed (3"d) Comments

Use Only

DALLAS COUNTY
HUMAN RESOURCES MANAGEMENT/CIVIL SERVICE

CO~,y
August 11,2011 Norvis Harmon c/o Christopher D. Livingston Law Offices of Lyon, Gorsky, Harings, Gilbert & Livingston, L.L.P. 3131 McKinney Avenue, Suite 100 Dallas, Texas 75204 Dear Mr. Harmon: We have reviewed the grievance you submitted to us on June 8,2011 and find that you do not have civil service appeal rights. Our records show that your hire date as a Deputy Constable was August 21, 2004. Deputy Constables who were hired after August 19, 2003 are category "A" employees. Category "A" employees do not fall under the jurisdiction of the civil service system and are excluded from coverage afforded by the grievance system procedures. See the attached copy of memorandum notifying you of this exclusion and signed by you on March 7, 2008. Therefore, no action will be taken regarding your grievance. If you have questions or require more information, do not hesitate to contact me.

cc:

Constable Derick Evans

509 Main Street Records Building

Dallas, Texas Equal Opportunity Employer

214.653.7638

o o

Rec'd by_--'Mailed Faxed

_

County Formal Grievance Form

Street

City

Work Telephone: Email Address: SCOPE OF GRlEV ANCE APPEAL PROCEDURES A Grievance may be filed on one or more of tile following grounds. Indicate the basis for your grievance and consult Section 86-:.1001 through 86-1007 of the Dallas County Codefor additional information. .
!'l'1I

o o o o o o

~proper ~

applications of rules, regulations, and procedures

_ ~

Unfair treatment, including coercion, restraint or reprisal

'-

c:: :::: ";;t:

o o

Discrimination based on race, religion, color, creed, gender, age, national origin, disability or pJiticat; affiliation (circle specific item grieved) ~ ::
_

= ;::
-= ;;;
(J';o

tn & o

Disciplinary action taken without proper cause Jnproper

application of fringe benefits or improper working conditions (circle specific item gri~d)g (circle specific item grieved)

~ .. <:

l\J/ Demotion, suspension orS

REASON(S) FOR GRIEVANCE State your grievance in detail, including the daters) of acts or omissions causing the grievance. app7le7riiiiflwy you -believeflfe7liscl]ilf.ifiirjl7icUolf7iikefrtr

Indicate the

WITNESS(ES) Identify other employees who may have witnessed this grievance. 1. 2.
3

4.
5.

6.

REMEDY SOUGHT: Describe the remedy or solution being requested by theflling of this grieyance.

Name: ATtORNEY OR THIRD PARTY INFORMATION:

1'/11\ r ~'5
D/s: \

Liv.i:J(lfL~{-O.V\
u

"'3)3'
Address:

fiAt.., k,.\ Vte.lJ V

'S u"lt-I Dib lCc.-:7

!A -J e.
Street City

,L5;Jb4
Telephone Number: Employee Signatur;}1b~/ ~

State, Zip. Code

I
Filing Instructions:

I

h:uAftOJYl

t.. lei tel;(
I

~) t.) 9 &5 DDC;O
r

A grievance must be filed in writing within seven calendar days from its occurrence and/or from the date of receipt of written notification of disciplinary action, exclusive of holidays, to be considered. Termination and disciplinary action grievances should be initially filed with the first level of supervision above the employee's supervisor who has caused the action, with a copy to the employee's immediate supervisor and the Human Resources/Civil Service Department. All other grievances should be initially filed with the employee's immediate supervisor.

-----------~

..-

.. ----.--

-------_

-

-----

-----

. ----lnte.r.-nal-Ilse.-"Only.-

-

-

--

~--"-

--

_-_

-----

-_ --------

..

__
..

...

_-

._---

__

.

Date Filed Date Appealed (1s~ Date Appealed (2nd) Date Appealed (3 Comments
1 '

d

)

DALLAS COUNTY
HUMAN RESOURCES MANAGEMENT/CIVIL SERVICE

August 11,2011

c

Dear Mr. Player: We have reviewed the grievance you submitted to us on June 7, 2011 and find that you do not have civil service appeal rights. Our records show that your hire date was August 8, 2005. Deputy Constables who were hired after August 19, 2003 are category "A" employees. Category "A" employees do not fall under the jurisdiction of the civil service system and are excluded from coverage afforded by the grievance system procedures. See the attached copy of memorandum notifying you of this exclusion and signed by you on March 7, 2008. Therefore, no action will be taken regarding your grievance. If you have questions or require more information, do not hesitate to contact me. Sincerely,

cc:

Constable Derick Evans

509 Main Street Records Building

Dallas, Texas Equal Opportunity Employer

214.653.7638

Craig S. Player
Home Address:

Constables Office Precinct One

City

Home TelepIwne Number: Mobile Number:

Work Telephone: Email Address: SCOPE OF GRIEVANCE APPEAL PROCEDURES

A Grievance maybe filed on one or more of the following groumls. Indicate the basis for your grievance IIiUl COIISUlt Section 86-1001 through 86-1007 of the Dallos County Codefor additionolilifOT11Ultion. -

~~ ~~

o o o o

Improper applications of rules, regulations, and procedures

Unfair treatment, including coercion, restraint or reprisal

o o

Discrimination based on race, religion, color, creed, gender, age, national origin, dISability 13i- pqfi.~:: ::tffiliation(circle specific item grieved) _ ,,_• . __ ,.,1./

s:

Jl

r-')

»:

1KI Disciplinary action taken without proper cause
Improper application of fringe benefits or Improper working conditions (circle specific item grieved) specific item grieved) ~~

o o

Kl Demotion, suspension O~(circle

REASON(S) FOR GRIEVANCE , State your grievance in detail, inchuling the date(s) of acts or ondssions causing the grievance. 7ilfli~
Attach atMitional sheets

the

if necessary.

The disciplinary action which resulted in my termination was an unjust and treatment and was erroneous in that it did not show proper cause, was not proved sufficiently, nor did it show to have involved violations of the cited provisions -of the Dallas County Code, Directives of Dallas County Constables Office Precinct or

laws of the State of Texas. Furthermore, the investigation conducted and the decision reached was in violation of my procedural and substantive rights. I further believe that I am being retaliated against due to my affiliation with fellow Deputy Constables who have filed a good faith comQlaint with Special Prosecutor Ted Lvons against Constable Derick Evans.
-

W1TNESS(ES)
Identify other employees who may lulve witnessed this griewmce. 1.

Greg London

4..

Jeffery

HOp!<jI1S

2. Billy Mack
3

5. Constable Derick Evans
6.

Frank Bromley

Kevin Holder

BltMEDYSOUGHT;

Describe the remet!P or solution being requested by the jiling of tbis grievalIce.

- -. inereby-request;-after-a-hearing,-

that--this~dis£-ipliBa£y-action-%f_termination_be_y_oided, _____.__ _ ~

and that I be reinstated, and that all back pay and benefits be restored to me, and that any and all reference to this disciplinary action and the related investigation be removed from my personnel files.

'--=-~.~-~~~--~.-~"-

.-

.____

~-=.

__

'_' ''-'-"-_."'''-'-,_._.'--

__' .. ' _'

"-"'-'"_._._;_ '. _____

~~o~

.. ---'--

._.

_._

-

..

Name: AITORNEY OR THIRD PARTY INFORMATION: Address:

No Attorney Named At This Time No Street Address At This Time No City Address At This Time No State or Zip Code At This Time
Telephone Number:
~

Street City State, Zip Code

Employee Sif:Hature: //~L~

/'

...~ l ,

/ /

#,. ?J

I

No Number At This Time June 8, 2011

Date:

Filing Instructions: A grievance must be filed in writing within ~ calendar days from its occurrence and/or from the date of receipt of written notification of disciplinary action, exclusive of holidays, to be considered. Termination and disciplinary action grievances should be initially filed with the first level of supervision above the employee's supervisor who has caused the action, with a copy to the employee's immediate supervisor and the Human Resources/Civil Service Department. All other grievances should be init=.allyiled with the employee's immediate supervisor. f

.

Internal Use Only
-

---

-- - ---

-

-------

-----

_--_

--

----

- -- ------

-

-- --

-

-

-----------_

Date Filed Date AppeoJed (lstJ Date Appealed (zuI) Date Appealed (f{i) Comments
-

DALLAS COUNTY
HUMAN RESOURCES MANAGEMENT/CIVIL SERVICE

August 11,2011

Charles B. Smith c/o Christopher D. Livingston Law Offices of Lyon, Gorsky, Harings, Gilbert & Livingston, L.L.P. 3131 McKinney Avenue, Suite 100 Dallas, Texas 75204 Dear Mr. Smith: We have reviewed the grievance you submitted to us on June 7, 2011 and find that you do not have civil service appeal rights. Our records show that your hire date as a Deputy Constable was November 26, 2005. Deputy Constables who were hired after August 19,2003 are category "A" employees. Category "N' employees do not fall under the jurisdiction of the civil service system and are excluded from coverage afforded by the grievance system procedures. See the attached copy of memorandum notifying you of this exclusion and signed by you on February 14,2008. Therefore, no action will be taken regarding your grievance. If you have questions or require more information, do not hesitate to contact me. Sincerely,

cc:

Constable Derick Evans

509 Main Street Records Building

Dallas, Texas Equal Opportunity Employer

214.653.7638

Rec'd by---'--'--'-D Mailed

_

Dallas County Formal

.l,'-JI''-

Street

City State, Zip Code

Home Telephone Number: Mobile eNumber:

Work Telephone: Email Address: SCOPE OF GRIEVANCE APPEAL P

o o o o o o

~

Improper applications of rules, regulations, and procedures Unfair treatment, including coercion, restraint or reprisal Discrimination based on race, religion, color, creed, gender, age, national origin, disability or peJlitical affiliation (circle specific item grieved) Disciplinary action taken without proper cause
a

o
0
~

0 Improper application of fringe benefits or improper working conditions (circle specific item grieved)

0'

Demotion, suspension or€mi~(circle

specific item grieved)

REASON(S) FOR GRIEVANCE State your grievance in detail, including the daters) of acts' or omissions causing the grievance. Indicate the specific rule or benefit not properly applied and why you believe the disciplinary action taken is unjust or unfair. Attach additional sheets if necessary.

\

,

WITNESS(ES) Identify other employees who may have witnessed this grievance. .
.

4.
2.
3

c'lt!e~

',j}?Ou ... ~ ~

I

V!roov.1Q'-i

5.
(

6.

REMEDY SOUGHT: Describe the remedy or solution being requested by the filing of this grievance.

(

I

(

kv/C.. tJC[

ct

Ctt/l

c! be» e ff

~

lor?
I'J'.~I

rcs.J-GY'::..d ..J.o fa€.

,

(1'1

J ..f-iJo..J
( ../.'£)0

Ci.UIJ

(

au

rf

c. t II'''e..fev./2.HCQ

k 4s

c.( ·"kay)

J +h.e re.lc, ..f.t,~J ,\,

\/<:_,-1

'('t,.

bt!?

y,,~c)v::_..r3

..(?Y"cTn?

'l

(MfACI ytJ~r<'-fl4l,.~j
(

Name: ATTORNEY OR THIRlJ PARTY INFORMATION: Address:

ci.:
'3\ ~"I

Li'v

~IA<;

s~

V\

1\;\ e K~1It..€ u .

\

s.;

-il-

roD

Street City State, Zip Code

O~,,-l\(J__i.

~.
d j If q
fc.5'0 09 0

7~Jo L\
Telephone Number: Employ_eeSignature:P~
~

tV __ J1-t1"

II

Date:

s-

b~ /1

I

Filing Instructions: A grievance must be filed in writing within ~ calendar days from its occurrence and/or from the date of receipt of written notification of disciplinary action, exclusive of holidays, to be considered. Termination and disciplinary action grievances should be initially filed with the first level of supervision above the employee's supervisor who has caused the action, with a copy to the employee's immediate supervisor and the Human Resources/Civil Service Department. All other grievances should be initially filed with the employee's immediate supervisor.

Internal Use Only
Date Filed Date Appealed (lsJ Date Appealed (2nd) Date Appealed (31'd) Comments

DALLAS COUNTY
HUMAN RESOURCES MANAGEMENT/CIVIL SERVICE

August 11,2011

Tracy B. Robinson c/o Lance F. Wyatt Law Office of Lance F. Wyatt 141 Countryside Court . Southlake, Texas 76092 Dear Mr. Robinson: We have reviewed the grievance you submitted to us on June 9, 2011 and find that you do not have civil service appeal rights. Our records show that your hire date was February 28, 2005. Deputy August 19,2003 are category "A" employees. Category "A" employees of the civil service system and are excluded from coverage afforded by See the attached copy of memorandum notifying you of this exclusion 2008. Therefore, no action will be taken regarding your grievance. Constables who were hired after do not fall under the jurisdiction the grievance system procedures. and signed by you on March 7,

If you have questions or require more information, do not hesitate to contact me. Sincerely,

cc:

Constable Derick Evans

509 Main Street Records Building

Dallas, Texas Equal Opportunity Employer

214.653.7638

(

Dallas County Formal Grievance Form

----

~------

----

---

---

Please type or print clearly using ink. All grievances under the Civil Service System will be resolved as quickly as possible and at the lowest administrative level possible without regard to race, color, religion, sex, national origin, age, or disability.

Human Resources/Civil Service Department 509 Main Street, Room 103 Dallas, Texas 75202

Dallas County Formal Grievance Form

t....-IInproper applications of rules, regulations, and procedures

~air

treatment, including coercion, restraint or reprisal

Discrimination based on race, religion, c010r, creed, gender, age, national origin, disability or political affiliation (circle specific item grieved) L-Disciplinary action taken without 'prop~ cause c)tfuproper application of fringe benefits or improper working conditions (circle specific item grieved) Demotion, suspension (circle specific item grieved) .

De
-~;; :_'~. . ;"

r;;

~MS_ON(S) FORGRIEV ANCE ',' . . . . ".. '. . ". . . .. . ..' .. ' 'tat~ y~ur grI~ance'in tli$i4inCiuding- the date(s)olacts or omissions causln;i t71.eirlevaii~e. .. · . . ".'.', D,ecijJcrule or benefit notproperly applied and wlty you belieVe the disciplinary actio~ taken is iinju~ or unfair.. :tiach additio'nat sheets ij)iecessary. ::. . , ...,' .:' . , .' '.;
j '-;"" -.

<):;:;.

·t~

""..

1

Name:

ht-v (}RZe

Filing Instructions: A grievance must be filed in writing within seven. calendar days from its occurrence and/or from the date of receipt of written notification of disciplinary action, exclusive ofholida)1s, to be considered. Termination and disciplinary action grievances should be initiallJlfiled with the first level of supervision above the employee's supervisor who has caused the action, with a copy to the employee's immediate supervisor am! dte Human Resources/Civil Service Department. ' IlIl other grievances should he initialljjiled with tlie employee's immediate supervisor.

DALLAS COUNTY
HUMAN RESOURCES MANAGEMENT/CIVIL
REGULAR AND CERTIFIED MAIL: Date: December 21, 2011 cc:

xed s--.A.-\LLtif]~c!_Q.elivered

CJ CJ

Rec'd by Ma~i~le-d---------

To:

Camille Stearns Miller White & Wiggins, LLP 901 Main Street, Suite 6200 Dallas, Texas 75202

r-

..

Subject:

Decision of the Dallas County Special Civil Service Commission Appeal of Termination from Constable Precinct #4

Summary: David Belcher was discharged from Constable Precinct #4 on June 3, 2011 for violating the General Orders and Code of Conduct of Dallas County Constable, Precinct 4 under Professional Conduct - Dereliction of Duty (Item #10-Lack of diligence in the performance of any duty). Mr. Belcher subsequently filed a grievance on June 13, 2011 alleging improper application of the rules, regulations, and procedures; unfair treatment; disciplinary action taken without proper cause; and dismissal. An appeal hearing was held on December 6, 2011. Mr. Belcher sought reinstatement to his former position, full back pay, restoration of benefits, and removal of all references to the disciplinary action and related investigation from his personnel file; however, Mr. Belcher failed to appear for his scheduled hearing date. As a result of Mr. Belcher's failure to appear, the Special Civil Service Commission closed his hearing thereby upholding the department's decision to terminate. On December 7, 2011, the Special Civil Service Commission convened in closed session; and consequently, reopened Mr. Belcher's hearing and allowed him an opportunity to make a statement regarding his termination. Decision: On December 7, 2011, the Commission heard Mr. Belcher's statement and closed the hearing thereby upholding the department's decision to terminate Mr. Belcher.

Mandy Price Chairman

s. ,;W. ~ne~f
Member

Prepared by:

509 Main Street Records Building

Dallas, Texas Equal Opportunity Employer

214.653.7638

]) allas Co un tty

Formal Grievance

FOIrID

c....
c:::

z

Please type or print clearly using ink. All grievances under the Civil Service System will be resolved as quickly as possible and at the lowest administrative level possible without regard to race, color, religion, sex, national origin, age, or disability.

HUJ1m~IDl Resources/Clvll

Service IDeJPl~Jrfrmenmt 509 Main Street, R<lJ)([Dm Jl. 03
DaUia§9
TelI2iR§

752@2

Dallas County Formal Gll."llevance orm F '!)
Street

Name: Home Address:

City State, Zip Code

Home Telephone Number: Mobile SCOPE OF GRlEV ANCE APPE'AL PROCEDURES A Grievance may be filed 012 one or more of the following grounds. Indicate the basis for your grievance and consult Section 86-1001 through 86-1007 of the Dallas County Code for additional information. .

o o
o

~ ~

Improper applications of rules, regulations, and procedures Unfair treatment, including coercion, restraint or reprisal Discrimination based on race, religion, color, creed, gender, age, national origin, disability or political affiliation (circle specific item grieved)

o

o o
o

ifDisciplinary action taken without proper cause
o
~emotion, suspension or ~

Improper application of fringe benefits or improper working conditions (circle specific item grieved) circle specific Irem grieved)

REASON(S)

FOR GRIEVANCE
{if'

SUite-your gi'iev7iiicelii7IeTiiil;incliiiliiig-11-ie"71li.lc(s)oTtlcts

iiiiiisslons-co:usfngllie""g:r[evailce.--

.Jl.H~I"'tIl_UII-<;;

specific rule or benefit not properly applied and why you believe the disciplinary action taken is unjust or unfair. Attach additional sheets if necessary.

WITNESS(ES) Identif.y other employees who may have witnessed this grievance,

.I

40
5,

REMED Y SOUGHT: Describe the remedy or solution being requested by the filing of this grievance,
F=============================================================~
----------

... ~--.--

Name: ATTORNEY OR THIRD PARTJ! JfNFORMATION:
Address:

Street City State, Zip Code

Employee Signature: (
'--

.J- b/ _
-(

.........,

Telephone Number:
/

J Date:

It/IS/,I

Filing Instructions: A grievance must be filed in writing within seven calendar days from its occurrence and/or from the date of receipt of written notification of disciplinary action, exclusive of holidays, to he considered. Termination and disciplinary action grievances should be initially filed with the first level of supervision above the employee's supervisor who has caused the action, with a copy to the employee's immediate supervisor and the Human Resources/Civil Service Department All other grievances should be initially filed with the employee's immediate supervisor.

Internal Use Only
Date Filed Date Appealed [I") Date Appealed (2nd) Date Appealed (3I'd~

I

Comments