=~ Memorandum “sal Evaristorr To: Kevin Brown, Community Services Manager From: Lawrence Hemingway, Director of Parks, Recreation & Community Services cc: Jennifer Lin, HR Division Manager Casey Solomon, HR Specialist Subject Notice of Pre-Discipinary Meeting Date: October 31,2019 This is to give you notice of a pre-siscptinary meeting which is being convened pursuant to Chapter ll, Section 3 of the City's Personnel Manual. Effective immediately, you are being placed on paid administrative leave. ‘The purpose of the pre-disciplinary meeting is the employee's chance to exph defend, and/or rebut the charges prior to discipline being issued, with an understanding that the City will determine whether it is more likely than ‘not that your actions substantiate the charges set forth below. It is not an evidentiary hearing. No Interrogation or questions will be asked of you regarding the allegations at this meeting Possible Disciplinary Action Termination ‘You will be issued a written notice after this meeting setting forth the disciplinary action being taken against you. Statement of Charges and Explanation of Evidence We are advising you in writing as to the specific improper act(s) that you are alleged to have committe.‘The City of Evanston has reason to believe that you have engaged in conduct that is in vinlatinn of City Rulos, Regulations, and Personnel Rules, which rieee to the level of .gr08s incompetence: Deviation from the work rules, safety rules, department or City policy. ‘Theft or unauthorized possession of City property or funds. Insubordination, Falling to disclose any information requested or providing a false or misleading ‘answer to eny question in any application, questionnaire, information form, or ‘other document provided by the City. ‘+ Engaging in any act or conduct prohibited by state or federal statutes or local ordinance that is related to the employee's position and/or impacts the ‘employee's abilty to perform his job. Negligence in the performance of duties. Use of City-owned vehicles, equipment, materials or property for personal convenience or profi, or for the personal convenience of ethers (Personnel Manual, Chapter VI, Section 2.1), + Violation of City’s Vehicle Use Policy (Personnel Manual, Chapter VI, Section 12), ‘+ Violation of City’s Purchasing Card Policy. ‘On August 8, 2017, Jil Velan, Parking Division Manager, sent an emai to All Cty Staf, ‘announcing new parking restictions in the Civie Center parking lot. Specifically, some. sections had been converted to 2-hour visitor parking, and vill’ email advised staff to ‘comply with posted parking signs and regulations and to park in the employee parking areas. Regardless of this instruction, Outreach staff continued to park Outreach- assigned City vehicles, including a Nissan Altima ALS5892, in the 2-hour visitor parking areas. On Febnary 12, 2018, Karen Hawk forwarded an email from Kimberly Richardson to you reminding your staff not to park Outreach vehicles in the 2-hour visitor parking areas. Attached to the email were pictures of two Outreach vehicles parked in the restricted areas, covered in snow and restricting the abilty of City staff 10 plow snow in the visitor parking areas. This still did not stop Outreach staff from parking Outreach vehicles in the restricted parking areas. This prompted Karen to send another email on July 19, 2918, to Outreach Staff, which included you, reminding everyone not to park the Outreach vehicies in the 2-hour visitor parking areas in the Civic Center Parking ot during the day or overnight. Her email specifically wamed that staff would be Personally responsbble for any parking tickets issued to such vehicles for violating this parking restriction, Despite three emails regarding no staff parking in the resticted areas and posted signs prohibiting such parking, Outreach staff continued to park City and personal vehicles in the restricted areas, resulting in a number of parking tickels being issued by City parking enforcemert officers. Despite instructions from Jil and Karen, your staff continued fo park in restricted areas and incurred parlang tickets on City vehicles and personal vehicles for which they were financially responsisle, Consistent with Karen's email and per the City’s Personnel Manual, an employee operating a City vehicle is personally responsible for trafic 2Violation tickets issued and may be disciplined for such violation. Instead of holding your staff responsible for parking in restricted areas, you have Ignored the behavior and the repeated violations and have allowed the behavior to continue (the Nissan Altima ‘ALS5892 has been observed repeatedly parked overnight in the 2-hour visitor parking areas). Furthermore, you paid the parking tickets for your staff with City funds without any authorization or permission. In addition, you demonstrated an intent to deceive your supervisor on the credit card reconciliation process ty coding the credit card Payments as “outreach parking" instead of accurately describing them. Additionally, you received a receipt for every parking ticket you paid onlire with your credit card. Choosing to use the statement in lieu of receipt as attachments on the BMO Harris. ‘website instead of attaching the actual receipts showed additional intent to deceive. Not only did you pay off tickels Issued to City vehicles, but you paid off parking tickets issued on your staff's personal vehicles. You also paid for an illegally parked City vehicle which had been towed. On every single parking ticket you paid with your City credit card, the payment was also assessed a $1 credit card processing fee, This, behavior constitutes theft of City funds and misuse of City property in violation of the Cliy’s Ethics Code. This behavior demonstrates a blatant and purposeful disregard for City policies, directly given to you by your supervisor, and City posted restictions. You have not ‘eprimanded your staff for continuing to park City and personal vehicies in the restricted area despite instructions otherwise. Instead of holding them responsible, you have {gone out of your way to circumvent the policies by paying the tickets with your City credit card and filing online appeals for some tickets which were issued. This constitutes gross incompetence and negigence in the performance of your duties. ‘ALS5892 (City Vehicle) Prior to Karen's July 18,2018 email but after J's August 8, 2017 emal Ticket #700868452 issued on 8/15/17 for parking over maximum time li 2100 Ridge Avenue; adjusted and voided. = Ticket #700868451 issued on 8/16/17 for parking over maximum time limit at 2100 Ridge Avenue; voided. = Ticket #700907097 issued on 1/31/18 for parking without permission (overnight parking) at 2100 Ridge Avenue; $31 (fine + credit card fee) paid on 7/11/18 using ‘your City credit card, You used a credit card receipt to -econcie this on the BMO Harris website. On the BMO Harris website, you described the expense as “outreach parking.” = Ticket #9404769 issued on 7/11/18 for parking over maximum time limit at 2100 Ridge Avenue. You filed an appeal and suggested that the City placard which was displayed was a sufficient defense to parking in the 2-hour parking restricted ‘area. While the judge denied labilty on the violation, he specifically noted that the “car should not have been parked in 2 hr space but 12 hr space.” + Ticket #9412221 issued on 7/12/18 for parking over maximum time limit at 2100, Ridge Avenue. You filed an appeal and suggested that the City placard which was displayed was a sufficient defense to parking in the 2-hour parking restricted area: "This vehicle is owned by the City of Evanston. tdisplays the attached tag inthe city parking lot. Not sure why there is a ticket for ‘posted 2 hour limit’ when, 3it is a city car with a city tag... You also noted that the ticket was issued at 9:40AM when work hours do not begin unt 8:30AM, ‘The judge made a “not liable" determination on this violation. The officer who wrote this violation had noted that this vehicle had been parked for over 2 hours in the same space, After Karen's July 29, 2018 emai ~ Ticket #9642824 issued on 8/31/2018 for parking over maximum time limit at 2100 Ridge Avenue; $41 (fine + credit card fee) paid on 9/14/2018 using your City credit card. You used a statement in lieu of credit card receipt to reconcile this on the BMO Harris website. The statement was not signed by your supervisor and included a 9-15-18 transaction date and ‘city ticketed outreach vehicle” as the description of the transaction (the exact same statement was Used for the ticket above). On the BMO Harris website, you described the ‘expense as “outreach parking.” ~ Ticket #9701401 issued on 9/17/2018 for no parking for street cleaning on the 1183 block of Leonard Place; $41 (fine + penalty + credit card fee) paid on 10/2/2018 using your City credit card. You used a statement in lieu of credit card receipt to reconcile this on the BMO Harris website, The statement was not signed by your supervisor and included a 9-15-18 transaction date and “city ticketed outreach vehicle” as the description of the transaction. On the BMO Haris website, you described the transaction as “outreach parking.” In addition to the ticket which was issued, the vehicle was also towed by Northshore Towing, You paid the $200 towing fee on 9/17/2018 using your City credit card, You used a statement in lieu of credit card receipt to reconcile this on the BMO Harris website, The statement was not signed by your supervisor and included “city towed outreach vehicle" as the description ofthe transaction. On the BMO Harris, website, you described the transaction as “outreach vehicle.” = Ticket #9709346 issued on 9/18/2018 for no current registration; $26 (fine + credit card fee) paid on 10/2/2018 using your City credit card. "You used a statement in lieu of credit card receipt to reconcile this on the BMO Harris Website. The statement is not signed by your supervisor and included “outreach Vehicle” as the description of the transaction. On the BMO Harris website, you described the transaction as “outreach parking.” + Ticket #3431435 Issued on 3/7/2019 for parking over maximum time limit at 2100 Ridge Avenue; this was voided by Marcos Classen. = Ticket #13491440 Issued on 3/7/2019 for parking over maximum time limit at 2100 Ridge Avenue; $41 (fine + credit card fee) pald on 4/30/19 using your City credit card. You used a statement in lieu of credit card receipt to reconcile this, ‘on the BMO Harris website. The statement is not signed by your supervisor and Included “outreach parking’ as the description of the transaction, On the BMO. Harris website, you described the transaction as “outreach parking. ~ Ticket #18287614 issued on 6/26/2019 for parking over maximum time limit at 2100 Ridge Avenue; late fee assessed; $76 (fine + late fee + credit card fee) was paid on 9/17/19 using your City credit card. You used a statement in lieu of a Credit card receipt to reconcile this on the BMO Harris website, The statement is ‘ot signed by your supervisor and included “parking” as the description of the transaction. On the BMO Harris website, you described the transaction as “city of Evanston parking ticket on outreach vehicle.” 4522831 (Stacey Moragne personal vehicle) = Ticket #1343499 issued on 3/7/2019 for parking over maximum time limit at 2100 Ridge Avenue; late fee assessed; $76 (fine + late fee + credit card fee) paid (on 5/9/2019 using your City credit card. You used a statement in lieu of credit card receipt to reconcile this on the BMO Harris website. The statement is not signed by your supervisor and included “outreach parkirg” as the description of the transaction. On the BMO Harris website, you described the expense 2s “outreach parking.” ‘AL70903 (Deanna Howlett personal vehicle) = Ticket #13431437 issued on 3/7/2019 for parking over maximum time limit at 2100 Ridge Avenue; $41 (fine + credit card fee) paid on 3/19/2019 using your City credit card. You used a statement in lieu of credit card receipt to reconcile this on the BMO Harris website. The statement is not signed by your supervisor and included “outreach parking” as the description of the transaction. On the BMO Harris website, you described the expense as “outreach parking.” 2426032 (Lachisa Barton personal vehicle ~ Ticket #13431498 issued on 3/7/2019 for parking over maximum time limit at 2100 Ridge Avenue; $41 (fine + credit card fee) paid on 3/20/2019 using your City creditcard. You used a statement in lieu of credit card receipt to reconcile this on the BMO Hartis website. The statement is not signed by your supervisor and inciuded “outreach parking" as the description of the transaction. On the BMO Harris website, you described the expense as “outreach parking,” Since parking restrictions were changed in 2017, Outreach staif continued to park the City vehicle past the Z-hour restricion, resulting in 5 tickets being issued for this Violation. Two were voided by City staff, two others were dismissed, and one was paid using your City credit card. After Karen's July 19, 2018 email, Outreach staff stil continued to park City and personal vehicles past the 2-hour restiction, resulting in 7 parking tickets being issued to City and personal vehicles for this violation. One was Voided by City staff, and the remaining 6 tickets were paid usirg your Cty credit card In addition, you used your City credit card to pay 2 other tickets which were issued, including atcket and a tow ofthe Cty vehicle ilegally parked during street cleaning. Al of these credit card payments totaled $614. In every situation that you used a City credit card to pay a ticket, fine, andlor late fee, which was tre responsibilty of the respective drivers, you exercised incredibly bad judgment. You had no permission or authorization to pay for these on behalf of your staff, and you dic nothing o curb or stop the behavior. Instead, you ignored, and endorsed the behavior by paying these tickets with your City credit card. You excused your staff's behavier by not holding them responsible forthe fines which were incurred due to their conscious choice to park in resticted or prohibited areas. Despite Karen's instrucions nct to park in the 2-hour restricted areas and the posted signs, you and your staff have ignored the parking restrictions, and you have allowed the behavior to continue. The Nissan Altima has continued to be parked past the 2-hour restriction and overnight inthe 2-hour restricted areas, which prompted Karen to send another email on October 3, 2019 direcly to you reminding you to advise your staf not to park in restricted areas. 5‘You have the right to @ pre-dsciplinary meeting to discuss andlor rebut the charges. ‘You may have a representative at this meeting. Based upon the discussion of facts and materials presented at this pre-dscipinary meeting, a determination will be made ‘whether to inate the contemplated discipline action sialed above, oF to in any way modify the level of dscipine. ‘Admissions made in the course of the pre-disciplinary meeting may be used as the basis for disciplinary action ‘You may waive your right to the pre-disciplinary meeting and admit that the charges are true. However, if you do waive your right to the pre-discipiinary meeting, the maximum level of discipline may be imposed without further action. If you wish to waive your right to the pre-disciplinary met information and sign / date as instructed. ing, please read the following WAIVER “L waive my right to the pre-disciplinary meeting on the charges enumerated above and state that they are true in substance end in fac." Kevin Brown Date Witness — Date If you choose not to use the waiver, the pre-disciplinary meeting will be held as folows: Dat Wednesday, November 6, 2019 1:00PM Civic Center Room 2402 ‘You will be advised as to the results of this pre-disciplinary meeting within two working ‘days of the conclusion of the meeting. This meeting will not be rescheduled. | wish to appear at the pre-disciplinary meeting as scheduled above, Kevin Brown Date Wines Date