Case 2:16-cv-00298-ILRL-DEK Document 5-8 Filed 01/19/16 Page 1 of 15 Pre-term Docs (2) Friday, January 15, 2016 3:03 AM Pr New Section 1 Page 1 Case Document 5-8 Filed 01/19/16 Page 2 of 15 If Ms Edmonds has any documents she wishes the Appointing Authority to consider, she should bring copies to submit at the hearing. Ms. Edmonds may also call witnesses to testify on her behalf, however, it is her responsibility to notify these witnesses and ensure their appearance at the proper time. If Ms Edmonds does not show up for the Pre-Termination Hearing on Novmber 15, 2015, the hearing will proceed without her. Since rely, Mark D. Jernigan, P.E., PMP, LTC lRet] Director Cc: Law Department Civil Service Personnel File 1300 STREET SUITE NEW ORLEANS, LOUISIANA 12 PHONE New Section 1 Page 2 Case Document 5-8 Filed 01/19/16 Page 3 of 15 WILLIE M. ZANDERS, SR. Attorney and Counselor at Law 909 Poydras Street, Suite 1625 New Orleans, Louisiana T01 12 Telephone: (504) 253-7312 Email: wzanderssr@yahoo.com November 16, 2015 VIA EMAIL: Mr. Mark D. Jernigan, P.E., PMP, LTC [Rot] Director, Department of Public City of New Orleans 1300 Perdido Street, Suite 6W03 New Orleans, Louisiana 7'01 12 Re: Ms. Zepporiaha. Edmonds, CAPP Dear Director Jernigan: I send this correspondence to you because I have not heard from the City Attorney regarding Mrs. Edmonds? medical statement supporting our request to continue today?s ore-termination hearing. Again, I attached that statement for the record. Please be advised that should you go forward with today?s hearing, based on the directive of her physician and advice of counsel Mrs. Edmonds is physically unable to attend. Further, please be advised that we will add the November 13th suspension without pay as directed by you and today?s pre?terinination hearing as violations of the Americans with Disabilities Act. Mrs. Edmonds? pending Complaint to the City?s Ethics Review Board and September 11, 2015 Appeal to the Civil Service Commission will be revised accordingly. I await your response. Sincerely, Willie M. Zanders Willie M. Zanders, Sn, New Section 1 Page 3 Case Document 5-8 Filed 01/19/16 Page 4 of 15 OF PUBLIC WORKS CITY OF NEW ORLEANS November 16, 2015 Via Certi?ed US. Mail Item No. 7010 3090 0003 6463 7836 Regular Mail and Email Zepporiah A. Edmonds, CAPP 3901 S. Post Oak Avenue New Orleans, LA 70131 Re: Notice of Removal of Suspension and new date for Pre-Termination Hearing, November 30, 2015, 3:30 P.M. Dear Ms. Edmonds: By this letter, the Department of Public Works is notifying you that your suspension dated November 13, 2015 through November 20, 2015. is rescinded. Your time for that period will be changed to annual leave per your request since you no longer have any sick leave. You will remain on annual leave per your doctor?s noti?cation to the Department until your new pre-termination hearing date on November 30, 2015 at 2:30 P.M. Your pre-termination hearing is re-scheduled to Monday, November 30, 2015, to address the following issues: 1) the June. 2015 010 Report regarding your lack of cooperation and responsiveness; 2) interference in departmental investigations into allegations of sexual harassment against Alton Jones; 3) access to supervisor. Delisia Crayton?s, email accounts without her permission; 4) retaliation against supervisor Valerie Petty; and 5) the suspension of Senior Parking Control Of?cer Giara Mahogany and subsequent settlement of her appeal. Again. your hearing is scheduled for November 30, 2015, at 2:30 pm, in the Department of Public Works Director?s office on the 6th Floor of City Hall. to discuss your future with the Department. More speci?cally, on August 11, 2014, you received a request from Mr. Eduardo Hernandez, Investigator from the Office of Inspector General (010), for information regarding any documents concerning a complaint that the OIG had received by local businesses alleging that several Parking Control Of?cers (PCOs) were sitting in their businesses and hotel lobbies for extended periods of time while on duty and that one PCO had retaliated against a local business when confronted about sitting in their lobby for an extended period of time. The 010 sent you follow-up requests later in August, 2014, in September, 2014, and October, 2014, and you never provided any information or documentation to the 010 disclosing that the Parking Division had received the same retaliation complaint and 300 PERDIDO STREET SUITE 6W03 NEW ORLEANS. LOUISIANA 70112 PHONE 504-658-8007 New Section 1 Page 4 Case Document 5-8 Filed 01/19/16 Page 5 of 15 responded to it by issuing a formal reprimand to the PCO. The 010 also requested historical records regarding the number of citations issued by location, types of violations, dismissed violations, and citations issued by particular PC05, and you failed to ask the previous parking vendor for this information or provide this information to the 010 as requested. On June 22, 2015, after I informed you that I had initiated an investigation into allegations of sexual harassment against Alton Jones and urinalysis testing irregularities against Takeisha Feast, discussed these allegations and the ongoing investigation with the two supervisors named in the allegations as well as the three current DPW employees named as potential witnesses, Ashley Terry, India Toney, Rachel Cook, and Mr. Thomas Terry, an employee in the Department of Property Management, who was related to the complainant, a former DPW employee. You did this without my permission or knowledge and while on Sick Leave. After speaking with you, one of the potential witnesses changed her original statement and another one refused to provide any substantive comments . On May 12, 2015, you knowingly allowed Sherida Emery to access the email account of Delisia Crayton without her knowledge to look for the employee attendance report needed to complete timecard approvals in ADP, even though Ms. Emery already had the information she needed from other sources, and timecard approvals had already been completed on May 11, 2015. On June 4, 2015, you relieved Valerie Petty of her duties as the Parking Division Training Coordinator, assigned her supervisory responsibilities for two squads of PC05, and would not meet with her as she requested to discuss her concerns of retaliation for an email you became aware of that she sent to me and Linda Copeland in confidence on May 8, 2015 regarding her concerns about your management of the Parking Division. On August 11, 2014, Senior Parking Control Of?cer Giara Mahogany was placed on a thirty (30) day emergency suspension effective August 12, 2014 through September 11, 2014, for unprofessional and discourteous conduct. On September 8, 2014, an extension letter was sent to Ms. Mahogany, extending her suspension ??een additional days, until September 27, 2014, and demoting her to Parking Control Of?cer. Although you were provided with a copy of the letter to Ms. Mahogany informing her that her suspension was being extended until September 27, 2014, you called and informed her to return to work on September 20, 2014, one week prior to the date that she was to return without my approval. In fact, by email correspondence, you acknowledged that you informed Ms. Mahogany to return to work prior to the end of the suspension period. Additionally, in January 2015 during the appeal hearing with the Civil Service Commission for Ms. Mahogany?s original 30- day suspension, you informed Greg Feeney, the attorney representing DPW, that reduction of the suspension to 15 days would be acceptable to the Department without my approval. You then asked that Giara Mahogany be reinstated by the Department after she had resigned. I300 PERDIDO STREET SUITE 6W03 NEW ORLEANS. LOUISIANA 70I I2 PIION 504-658-8000lF AX 504-658-8007 New Section 1 Page 5 Case Document 5-8 Filed 01/19/16 Page 6 of 15 Your failure to cooperate with the 010 and non-responsiveness to the 010?s requests for documentation and information to support an ongoing investigation violate Chapter 2, Article Section 2-1120 of the City Municipal Code which states that it shall be the duty of every City employee to cooperate with the OIG in any investigation. Your interference into an ongoing Department investigation, retaliation against an employee based on email she sent, directing an employee to return to work early from suspension without the approval of the Appointing Authority, and agreeing to a settlement during an employee disciplinary hearing are violations of CAO Policy Memorandum 83 (R). Your pre-termination hearing is being scheduled in accordance with Civil Service Rule Section 1.2 which reads as follows: In every case of termination of employment of a regular employee, the appointing authority shall conduct a pre-termination hearing as required by law and shall notify the employee of the disciplinary action being recommended prior to taking the action. You have the right to have a personal representative present at the hearing with you. representative may advise you only, and may not address the hearing representative unless speci?cally asked to do so. If you have any documents you wish the Appointing Authority to consider, please bring copies to the hearing. You may also call witnesses to testify on your behalf, however, it is your responsibility to notify these witnesses and ensure their appearance at the proper time. If you do not show up for the Pre?Termination Hearing on November 30, 2015, the hearing will proceed without you. Sincerely, Mark D. Jemigan, P.E., PMP, LTC (Ret) Director cc: Law Department Civil Service Personnel File I300 PERDIDO STREET SUITE 6W03 NEW ORLEANS. LOUISIANA 70I l2 PHONE 504-658-8000IFAX 504-658-8007 New Section 1 Page 6 Case Document 5-8 Filed 01/19/16 Page 7 of 15 WILLIE M. ZANDERS, SR. Attorney and Counselor at Law 909 Poydras Street, Suite 1625 New Orleans, Louisiana 70112 Telephone: (504) 258-7312 Email: wzanderssr@yahoo.com November 25, 20 15 VIA EMAIL: csgrant@nola.gov Mr. Cedric Grant Former Deputy Mayor of Facilities, Infrastructure 85 Community Development City of New Orleans New Orleans, Louisiana 70112 Re: Ms. Zepporiah A. Edmonds, CAPP Dear Mr. Grant: Attached is a letter I sent to C01. Jernigan when I ?rst began representing Mrs. Zepporiah Edmonds in an ongoing employment dispute. You are being contacted because the matter in question happened under your watch at City Hall. I expressed to C01. Jemigan and now restate to you, my sincere belief that given the pending ethics investigation and Civil Service Appeal involving Mrs. Edmonds' complaints, Col. Jernigan, Mrs. Copeland, and other departmental of?cials should recuse themselves from any all termination hearings. Moreover, I suggest that Mrs. Edmonds' termination dispute be removed entirely from the Department of Public Works. I hereby make a formal request that you ask Col. Jernigan to delay postpone or suspend any/all pre-termination and termination matters concerning this 30-year civil servant. Further, that the Department of Public Works refers this matter to the Civil Service Department or some other appropriate department given the sensitive nature of this matter. I also request New Section 1 Page 7 Case Document 5-8 Filed 01/19/16 Page 8 of 15 Mr. Cedric Grant Re: Zepporiah Edmonds November 25, 201' 5 Page 2 of2 that you ask Col. Jernigan and his Department to honor Mrs. Edmonds? legal rights under the Americans with Disabilities Act. They should continue to grant her a leave of absence until her physician clears her to return to work. Since Col. Jernigan has rescheduled Mrs. Edmonds? pre-termination hearing for next Monday, November 30, 2015, I respectfully request your intervention today or Friday ?w while acknowledging the holiday break. On a positive note because I'm proud to call New Orleans home, I hope we can work with the Law Department and other city of?cials to resolve this dispute. As I reminded Col. Jernigan I suggest we all do what?s the best interest of the City and citizens of New Orleans. Finally, if for some reason you choose not to get involved in this dispute or having done so Col. Jernigan refuses to take your advice, I ask that you send this letter and the attachment to Mayor Mitch Landrieu ASAP. i wouldn?t want him to say that I did not contact him. Sincerely, sf were M. Willie M. Zanders, Sr. Attorney for Zepporiah Edmonds Cc: Col. Mark Jernigan New Section 1 Page 8 Case Document 5-8 Filed 01/19/16 Page 9 of 15 From: WILLIE ZANDERSSR [maiItozwzanderssr@vahoo.com] Sent: Monday, November 30, 2015 2:25 PM To: Mark D. Jernigan Cc: Cedric S. Grant; ZEPPORIAH EDMONDS Subject: Fw: Fwd: See attached Mr. Jernigan, Attached are medical documents I received via email from Ms. Zepporiah Edmonds who, as of this email, is at a medical appointment which might require hospitalization. As per her physician at Tulane Medical Center, Mrs. Edmonds is exempt from work activities at this time. As such, I formally request that today's pre- termination hearing be delayed consistent with her legal rights under City Policy and the Americans with Disability Act. Please also note my previous objection to the fact that you scheduled today's hearing before Mrs. Edmonds was released by her physician. Finally, it is duly noted that both you and Mr. Cedric Grant ignored by request that your office be recused from this employment dispute. Willie M. Zanders New Section 1 Page 9 Case Document 5-8 Filed 01/19/16 Page 10 of 15 OF PUBLIC WORKS CITY OF New ORLEANS December 20] 5 Zepporiah Edmonds 3901 South Post Oak Ave. New Orleans, LA 7013] Via Certi?ed Mail No. 1010 3090 0003 6463 7850 And Regular Mail RE.- Request to Postpone Healing Dear Zepporiah, Your request for a continuance of your scheduled PrerrTermination Hearing scheduled for November 30, 2015, has been continued until December 14, 2015 at 2:30 gun. at your attorney?s request. The hearing will be held in the Department of Public Works conference room on the floor of City Hall. This hearing is being scheduled to address the following issues: 1] the June, 2015 DIG Report regarding your lack of cooperation and responsiveness; 2) interference in departmental investigations into allegations of sexual harassment against Alton Jones; 3) access to supervisor, Delisia Crayton?s, email accounts without her permission; 4) retaliation against supervisor Valerie Petty; and 5) the suspension of Senior Parking Control Of?cer Giara Mahogany and subsequent settlement of her appeal. The hearin is scheduled for December 14, 2015, at 2:30 pm, in the Department of Public Works conference room on the Floor of City Hall, to discuss your future with the Department. More Speci?cally, on August 1 1, 2004, you received a request from Mr. Eduardo Hernandez, Investigator from the Of?ce of Inspector General (OIG), for information regarding any documents concerning a complaint that the DIG had received by local businesses alleging that several Parking Control Officers were sitting in their businesses and hotel lobbies for extended periods oftimc while on duty and that one PCO had retaliated against a local business when confronted about sitting in their lobby for an extended period of time. The DIG sent you follow?up requests later in August, 20l4, in September, 2014, and October, 2014, and you never provided any information or documentation to the 010 disclosing that the Parking Division had received the same retaliation complaint and responded to it by issuing a formal reprimand to the FCC). The DIG also requested historical records regarding the number of citations issued by location, types of violations, dismissed violations, and citations issued by particular P003, and you failed to ask the previous parking vendor for this information or provide this information to the 010 as requested. On June 22, 2015, after informed you that I had initiated an investigation into allegations of sexual harassment against Alton Jones and urinalysis testing irregularities against Takcisha Fcast, you discussed these allegations and the ongoing investigation with the two supervisors named in the allegations as wet! as the three current DPW employees named as potential witnesses, Ashley Terry, India Toney, Rachel Cook, and Mr. 1300 STREET SUITE 6W03 NEW ORLEANS. LOUISIANA 70112 PHONE 504-658?8001? New Section 1 Page 10 Case Document 5-8 Filed 01/19/16 Page 11 of 15 Thomas Terry, an employee in the Department of Preperty Management, who was related to the complainant, a former DPW employee. You did this without my permission or knowledge and while on Sick Leave. After speaking with you, one of the potential witnesses changed her original statement and another one refused to provide any substantive comments. On May 12, 2015, you knowingly allowed Sherida Emery to access the email account of Delisia Crayton without her knowledge to look for the employee attendance report needed to complete timecard approvals in ADP, even though Ms. Emery already had the information she needed from other sources, and timecard approvals had already been completed on May 1 l, 2015. On June 4, 2015, you relieved Valerie Petty of her duties as the Parking Division Training Coordinator, assigned her supervisory responsibilities for two squads of PC05, and would not meet with her as she requested to discuss her concerns of retaliation for an email you became aware of that she sent to me and Linda Copeland in confidence on May 8, 2015 regarding her concerns about your management of the Parking Division. On August I l, 2014, Senior Parking Control Of?cer Giara Mahogany was placed on a thirty (30) day emergency suspension effective August 12, 2014 through September 1 l, 2014, for unprofessional and discourteous conduct. On September 8, 2014, an extension letter was sent to Ms. Mahogany, extending her suspension ?fteen additional days, until September 27, 2014, and demoting her to Parking Control Of?cer. Although you were provided with a copy of the letter to Ms. Mahogany informing her that her suspension was being extended until September 27, 2014, you called and infomed her to return to work on September 20, 2014, one week prior to the date that she was to return without my approval. In fact, by email correspondence, you acknowledged that you informed Ms. Mahogany to return to work prior to the end of the suspension period. Additionally, in January 2015 during the appeal hearing with the Civil Service Commission for Ms. Mahogany?s original 30-day suspension, you informed Greg Feeney, the attorney representing DPW, that reduction of the suspension to 15 days would be acceptable to the Department without my approval. You then asked that Giara Mahogany be reinstated by the Department a?er she had resigned. Your failunc to cooperate with the OIG and non-responsiveness to the 010?s requests for documentation and information to support an ongoing investigation violate Chapter 2, Article Section 2-1 120 of the City Municipal Code which states that it shall be the duty of every City employee to cooperate with the OIG in any investigation. Your interference into an ongoing Department investigation, retaliation against an employee based on email she sent, directing an employee to return to work early from suspension without the approval of the Appointing Authority, and agreeing to a settlement during an employee disciplinary hearing are violations of CAO Policy Memorandum 83 (R). Your pre-termination hearing is being scheduled in accordance with Civil Service Rule Section 1.2 which reads as follows: l.2.l In every case of termination of employment of a regular employee, the appointing authority shall conduct a pre-termination hearing as required by law and shall notify the employee of the disciplinary action being recommended prior to taking the action. I300 PERDIDO STREET SUITE 6W03 NEW ORLEANS. LOUISIANA 70112 PHONE 504-658-8007 New Section 1 Page 11 Case Document 5-8 Filed 01/19/16 Page 12 of 15 You have the right to have a personal representative present at the hearing with you. The representative may advise you only, and may not address the hearing representative unless speci?cally asked to do so. If you have any documents you wish the Appointing Authority to consider, please bring copies to the hearing. You may also call witnesses to testify on your behalf, however, it is your responsibility to notify these witnesses and ensure their appearance at the proper time. If you do not show up for the I?m-Termination Hearing on December 14, 2015, the hearing will proceed without you. Sincerely, Mark D. Jernigan, P.E., PMP, LTC (Ret) Director cc: Law Department Civil Service Personnel File I300 PERDIDO STREET SUITE 6W03 I NEW ORLEANS, LOUISIANA I2 PHONE 504-658?8007 New Section 1 Page 12 Case Document 5-8 Filed 01/19/16 Page 13 of 15 DEPARTMENT OF PUBLIC WORKS CITY OF NEW ORLEANS January 6, 2015 Zepporiah Edmonds 3901 South Post Oak Ave. New Orleans, LA 70131 Via Certi?ed U.S. Mail Item No. T010 3090 [1003 6463 788] And regular Mail Re: Notice of Termination Pursuant to Civil Service Rule IX, Section 1.1(a) Dear Ms. Edmonds: The Department of Public Works is hereby serving you with formal notice of termination of your employment as a Parking Administrator with the Parking Division, Department of Public Works, with the City of New Orleans, effective Monday, January 11, 2016. Termination of your employment with the Department of Public Works is a result of the following: 1] the June, 2015, OIG Report regarding your lack of cooperation and responsiveness; 2) interference in departmental investigations into allegations of sexual harassment against Alton Jones; 3) retaliation against supervisor Valerie Petty; and 4) the settlement of the suspension of Senior Parking Control Of?cer Giara Mahogany without au?toriaation or appmval from me as the Director of DPW. A Pre-tennination Hearing was scheduled on December 14, 2015 to address these issues, in accordance with Civil Service Rule Section 1.2 which reads as follows: 1.2.1 In every case of termination of employment of a regular employee, the appointing authority shall conduct a pro-termination hearing as required by law and shall notify the employee of the disciplinary action being recommended prior to taking the action. You were noti?ed of the pure-termination meeting by certi?ed letter, regular mail, and e-mail. Your attorney was also noti?ed of this meeting. Neither you nor your attorney attended the meeting. However, the pro-termination letter advised that if you failed to appear for the hearing on December 14, 2015, that the hearing would proceed without you. Present for the hearing were: Lt. Col. Jernigan, the Appointing Authority, and Cherrell Taplin, and Elizabeth Robins from the Law Department. New Section 1 Page 13 Case Document 5-8 Filed 01/19/16 Page 14 of 15 The issues listed in the pre-termination notice were discussed as follows: On August 11, 2014, you received a request from Mr. Eduardo Hernandez, Investigator from the Of?ce of Inspector General (OIG), for information regarding any documents concerning a complaint that the OIG had received by local businesses alleging that several Parking Control Officers (PCOs) were sitting in their businesses and hotel lobbies for extended periods of time while on duty and that one PCO had retaliated against a local business when confronted about sitting in their lobby for an extended period of time. The OIG sent you follow-up requests later in August, 2014, in September, 2014, and October, 2014, to which you failed to respond. Speci?cally, you did not provide any information or documentation to the 010 disclosing that the Parking Division had received the same retaliation complaint and responded to it by issuing a formal reprimand to the PCO. In August of 2014, the OIG also requested historical records regarding the number of citations issued by location, types of violations, dismissed violations, and citations issued by particular PCOs. You failed to advise the 010 that the City had recently changed vendors in May or June of 2014, which might impact obtaining the requested historical documents. Further, you did not contact the former vendor and made no request for the historical documents requested by the 010 investigator. On August 11, 2014, Senior Parking Control Officer Giara Mahogany was placed on a thirty (30) day emergency suspension effective August 12, 2014 through September 11, 2014, for unprofessional and discourteous conduct. On September 8, 2014, an extension letter was sent to Ms. Mahogany, extending her suspension ?fteen additional days, until September 27, 2014, and demoting her to Parking Control Officer. Although you were provided with a copy of the letter to Ms. Mahogany informing her that her suspension was being extended until September 27, 2014, you called and informed her to return to work on September 20, 2014, one week prior to the date that she was to return without my approval. In fact, by email correspondence, you acknowledged that you informed Ms. Mahogany to return to work prior to the end of the suspension period. Additionally, in January 2015 during the appeal hearing with the Civil Service Commission for Ms. Mahogany?s original 30-day suspension, you informed Greg Fecney, the attorney representing DPW, that reduction of the suspension to 15 days would be acceptable to the Department without my approval. You then asked that Giara Mahogany be reinstated by the Department a?er she had resigned. On June 22, 2015, after I informed you that I had initiated an investigation into allegations of sexual harassment against Alton Jones, and urinalysis testing irregularities against Takeisha Feast, you discussed these allegations with the accused employees. You also spoke with the three current DPW employees named as potential witnesses, Ashley Terry, India Toney, Rachel Cook, and Mr. Thomas Terry, an employee in the Department of Property Management, who was related to the complainant, a former DPW employee. Your actions interfered with my investigaition, without my permission or knowledge, and while you were out on sick leave. After speaking with you, one of the potential 2 New Section 1 Page 14 Case Document 5-8 Filed 01/19/16 Page 15 of 15 witnesses changed her original statement and another one refused to provide any substantive comments. Your failure to cooperate with the DIG and non-responsiveness to the 016?s requests for documentation and information to support an ongoing investigation, violates Chapter 2, Article Section 2-1120 of the City Municipal Code which states that it shall be the duty of every City employee to cooperate with the OIG in any investigation. Your actions as detailed herein demonstrate poor judgment, insubordination, and disregard for the departmental chain of command. This termination is based on the Rules of Civil Service, Rule IX, Section 1.1 Pursuant to Rule IX, Section 1.1, ?When an employee in the classyied service is unable or unwilling to perform the duties of his/her position in a satisfactory manner, or has committed any act to the prejudice oftlte service, or has omitted to perform any act it was iris/tier duty to perform, or otherwise has become subject to corrective action. the appointing authority shall take action warranted by the circumstances to maintain the standards ofeffective service, which includes termination. You have the right to appeal this disciplinary decision to the Civil Service Commission for the City of New Orleans within thirty (30) days from the date of this letter. Any appeal must be received by Civil Service, in writing, at their of?ce located at 1340 Poydras St, Suite 900, New Orleans, La. 70112. Sincerely, Mrs?00$? Mark D. Jemigan, P.E., PMP, LTC (Rat) Director Cc: Civil Service Law Dept. 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