Vanessa Audett From: Vanessa Audett Sent: Friday, March 18, 2016 12:12 PM To: City Council Cc: Mary Mirante Bartolo; Mark Johnsen Subject: Formal Complaint on Interim City Manager Donny Payne Attachments: RE: Cabot Dow; RE: Performance Review ?How-to? Importance: High Good afternoon Councilmember?s, am writing you this message because I have reached a point where I don?t believe there is any other option. The City does not have a formal process or policy that dictates how a complaint against a City Manager would be filed or investigated. This is an obvious blind spot, one we have never encountered because I don?t believe any City employee has ever been in this position. lam being subjected to an increasingly hostile and harassing work environment by interim City Manager Donny Payne and it began when refused to perform an unethical request made by Donny Payne. In mid to late January 2016 Interim City Manager Donny Payne informed me that he wanted to hire a "second in command? and asked me what he needed to do in order to make that happen. Donny informed me that he knew who he wanted to hire and that it was someone from his military background that he trusted. Donny disclosed this person had no municipal experience. educated Donny on the internal processes required to open a new position or reclassify an existing position. We agreed that this was not a new position, rather a reclassification of the existing Assistant City Manager position. i informed Donny that in orderto bring the reclassification to the Administration and Finance Committee for ratification that we first needed to create a job description and conduct a salary study. I worked with Donny to create the job description and I conducted the salary survey. assisted him with preparing for the Committee meeting and attended the meeting in support of the reclassification. ln the late afternoon of Friday March 4, 2016 Interim City Manager Donny Payne came to my office wanting to talk. First he spoke to me at length about his dislike for Colleen Brandt-Schluter, alleging she had made comments about Council decisions and about the City Manager that he didn?t agree with. The message I received from Donny is that he wants to get rid of Colleen and anyone else who did not blindly support him. Next he wanted to talk about the open Deputy City Manager position that was ratified by the Administration and Finance Committee on February 24, 2016. He stated, and I quote, ?we need to build a process around this hire that looks good to the public.? The hire he was referencing was that of his friend from the military who lacked municipal experience. Donny was asking me to initiate and lead a fake recruitment process that resulted in the hire of his intended candidate and he implied that this fake process was supported by Council, as evidenced by Council?s participation in his own fake hire and the show made for the public. I protested this approach and informed Donny that he has the administrative authority to appoint and hire this individual without having a recruitment process. advised him that a fake recruitment "to look good for the public? could put the City at risk for potential employment discrimination claims and informed him that i would not lie for him under any circumstance. If I were deposed in an employment discrimination investigation, I would tell the truth. if Councilmember Campbell or Fernald inquired about the recruitment process, I would tell the truth. I advised Donny that if he wanted to appoint his friend, I suggested he do it in a forthright manner and be prepared to address and defend criticism received by the public and/or Council. On Wednesday, March 9, 2016 during our weekly Leadership Team meeting, the leadership team was having an open discussion about Emergency Management preparedness of staffand the ability to require all personnel to register for Code Red. All of leadership team was providing opinion and feedback, some contrary to Denny?s, and he became visibly angry. He turned bright red and gesticulated his arms on the tabie in an angry stance. I felt his anger was focused directly at me and I could not understand why. Following the meeting, two department heads also indicated they felt Denny?s reaction in the meeting was awkward and inappropriate and that his anger was obviously directed at me. I had 1 not met with or Spoke with Donny since I refused his request to initiate a fake hiring process on March 4, 2016. His anger and reaction to me in this meeting were in retaliation to my objection to his unethical request. On Wednesday, March 16, 2016 following a PVRB meeting, Donny requested Maria and I stay behind to discuss the LERA conference we attended the previous week. After a brief conversation, Donny excused Maria Woods from the meeting and requested Maria close the door behind her. Donny started the conversation by stating he had been meaning to talk to me about the prior week?s leadership team meeting. He admitted that he was angry, stating that it was probably obvious because his face turned bright red. He then said, and quote "I?m not Asian so I can?t sit without expression? and went on to articulate because he isn?t Asian he wears his emotions on his face. Donny?s derogatory remarks regarding ?Asians? are offensive; i am part Japanese and he knows it. He went on to tell me his anger was directed at me, and a little at Will Appleton, and accused me of being "patronizing" toward him in our leadership team meeting. I asked him what I said was patronizing or why he felt that way and he never directly answered either question rather stated that it is clear to him that ?he does not have control of his people.? Throughout this meeting I tried to give Donny honest and helpful advice regarding staff and how to effectively get things accomplished using his leadership team. I offered that trust and respect might be alternatives to control worth pursuing, was desperately trying to salvage a completely inappropriate and uncomfortable conversation. Donny indicated that the very email he sent to staff regarding emergency preparedness was a "test" and that we failed his test. He stated that meeting wasn?t the last of it and he was still figuring out how to deal with staff on that issue (because some staff had not replied to his request for information regarding emergency preparedness at home). I did not understand what he meant by the email being a ?test? but it was clear he pians to do something about it in the future. Regardless of the confusing nature of this conversation, I apologized to Donny if he felt I was being patronizing and told him that is certainly not my intent. I felt I was being reprimanded and disciplined although I still do not understand why or what for. Next, Donny stated that he is disappointed that I have chosen not to support him hiring his Deputy City Manager candidate. I told him I fully understand him wanting to bring in his own candidate, someone he trusts, and I am willing to support the ethical hire of this individual and would draft the employment agreement. I told Donny he came to me and requested I lead an unethical hiring practice to defraud or fool the public and that made me uncomfortable. I told him I since reflected on the conversation and chose to believe that he did not intend to ask me to do anything unethical. I tried to give him an out so we could put this behind us and move forward. I gave him advice that had he come to me and said, want to hire John Doe for the Deputy City Manager position, but I am sensitive to how the public will perceive the appointment, what are my options?? that I would have provided him with all the same information and options, but a fake recruitment process would never have been an option. Instead of Donny accepting the out I offered, he proceeded to interrogate me and argue with me about what is and what is not ethical and try to force me into his fake recruitment process. He went through the process trying to craft and develop a fake recruitment that would fool people and after at least 30 minutes of defending myself and my ethics, I told him we can sit here all afternoon but my ethics on this matter will not change you are the City Manager you can do whatever you want. He said fine and I said we are done here and I left his office and went straight to the City Attorney?s Office to report what had just happened. In my 16+ year career in Human Resources have never been subjected to such an intimidating and uncomfortable situation wrought with threats, derogatory racial comments and insistent demands to violate Equal Opportunity Employment and established recruitment practices. I am a strong and confident experienced professional and this hostile encounter with Donny Payne reduced me to tears of fear and frustration. I believe Donny Payne is using indirect verbal threats to my employment, is physically intimidating me with an explosive temper, is degrading me with derogatory racial remarks and is attempting to constructively discharge me through increasingly harassing behavior disguised as performance management. I have attached a couple examples of this from this morning. His behavior is escalating and I am fearful of his retaliation and uncontrolled temper. This all began following my refusal to execute his original request for a fake hiring process. Prior to this I believed Donny and were developing a positive working relationship. My formal complaint is harassment, hostile work environment, retaliation and discrimination based on race and refusal to submit to unethical requests. I request you immediately place Interim City Manager Donny Payne on administrative leave pending investigation so may work in a non-hostile work environment free from Donny?s harassment. A lack of a 2 complaint process against a City Manager is frankly negligent of the City. i am not the only employee being subjected to Donny?s derogatory racial comments and unethical requests and I am not the only employee who feels they are being gunned for and retaliated against. i will not speak for other staff at this time but I feel if there was a process for Council to receive complaints on the City Manager that explicitly protected employees from retaliation, mine would not be the only complaint received. Many key staff members feel forced to seek alternative employment, including me, because they are afraid of how they will be utilized and what they will be asked to perform moving forward. We want to work for and serve the City of SeaTac. As the City?s Human Resources Manager I feel it is my obligation to file my complaint formerly with City Council prior to escalating to the Washington State Human Rights Commission. I thank you in advance for your time and attention to this matter. Vanessa Audett, SPHR, Human Resources Manager City of SeaTac Direct: 206.973.4651 Fax: 206.973.4658 vaudett@ci.seatac.wa.us gaging a? sums? This communication may be subject to public disclosure laws of the State of Washington (3312!? ?42 Vanessa Audett From: Vanessa Audett Sent: Friday, March 18, 2016 10:27 AM To: Donny Payne Cc: Mary Mirante Bartoio Subject: RE: Cabot Dow Donny, We have discussed my previous meetings and the purpose of yesterday?s meeting with Cabot Dow several times. i clearly communicated to you that the purpose was to develop a work plan and update the Services Agreement for presentation to you next Tuesday. have kept you in the loop and have been seeking direction from you on how to proceed with class and comp, and also the Job Audit Committee. I require your authorization and approval to execute the consultant agreement (the cost is above my spending authority), hence the presentation of a work plan and Services Agreement next Tuesday. We have not had weekly meetings in the past, is there a reason you are looking to schedule them now? Are you scheduling weekly meetings with all of your department heads? lam uncomfortable meeting with you alone and request another person present. I prefer City Attorney Mary Bartoio. In order to be prepared forthese meetings, I request an agenda be provided to me beforehand. Thank you, Vanessa Audett, SPHR, Human Resources Manager City of SeaTac Direct: 206.973.4651 Fax: 206.973.4658 vaudett@ci.seatac.wa.us . af?x at e. 311: 0'3 a $0resae??! This communication may be subject to pubiic disclosure lows of the State of Washington From: Donny Payne Sent: Friday, March 18, 2016 10:15 AM To: Vanessa Audett Subject: RE: Cabot Dow Vanessa, Because I was not privy to your conversation with Mr. Dow yesterday, i do not know what you guys came up with [hence my query}. My only request (below) was for general information, with no call for a particular course ofaction. lwili like to be kept in the loop on your class comp study, and the forthcoming negotiation; this will include your negotiation plan. We can discuss this more in depth when we begin meeting in?person regularly, starting next week (after your meeting with Dow). Please find a time on my schedule that works for you and let Lesa know. D. From: Vanessa Audett Sent: Friday, March 18, 2016 8:46 AM To: Donny Payne Cc: Mary Mirante Bartolo Subject: RE: Cabot Dow Good morning, My meeting with Cabot went well. As previously discussed with you, we have a meeting scheduled next Tuesday at 2 PM to present a work plan and service agreement for your consideration. I am unclear on your request below, do you prefer i cancel next week?s meeting and instead present a written proposal for your consideration? Thank you, Vanessa Audett, SPHR, Human Resources Manager City of SeaTac Direct: 206.973.4651 Fax: 206.973.4658 vaudett@0i.seatac.wa.us . ewoi?s?ig? _i sushi-30973 -sr This communication may be subject to public disclosure laws of the State of Washington From: Donny Payne Sent: Thursday, March 17, 2016 6:33 PM To: Vanessa Audett Subject: Cabot Dow Vanessa, How did your meeting with Cabot Dow go today? What did you both come up with in terms of a plan? Donny Vanessa Audett From: Donny Payne Sent: Friday, March 18, 2016 11:39 AM To: Vanessa Audett Cc: Mary Mirante Bartolo Subject: RE: Performance Review ?How-to" Please provide this training next week, as i would like to get started ASAP. As I told you, timely performance reviews are important to me, and I want to do them correctly. if possible, please include Will in the training at a bare minimum. From: Vanessa Audett Sent: Friday, March 18, 2016 11:23 AM To: Donny Payne Cc: Mary Mirante Bartolo Subject: RE: Performance Review ?How?to? You did request this and lam planning a training to include all new managers (including our new Public Works Director). You told me you had three reviews due soon, mine and Soraya?s but you were unable to remember the third. My staff member who administers performance appraisals was out of the office yesterday and i intended to ask her for a list of your staff appraisals and a report of all new managers hired within the past year at our staff meeting scheduled this afternoon. Maria was present during our conversation and your request and she, nor I, recall you providing a deadline or expectation of immediacy. I apologize if you feel I have not responded to your request in a timely fashion. If you prefer to be given an individual r?how to? on how to conduct a performance review, I can get something scheduled for you early next week. if that is your preference, please let me know. Vanessa Audett, SPHR, Human Resources Manager City of SeaTac Direct: 206.973.4651 Fax: 206.973.4658 vaudett@ci.seatac.wa.us gsn?o?0mm? This communication may be subject to public disclosure laws of the State of Washington (RCW.42.56). From: Donny Payne Sent: Friday, March 18, 2016 10:55 AM To: Vanessa Audett Cc: Mary Mirante Bartolo Subject: Performance Review ?How-to? Vanessa, On Wednesday, i asked you for a Performance Review ?How-to.? However I have not received it, or any communication regarding your intent to provide it on a particular day. When will someone from HR be available to provide this to me? Donny Payne Interim City Manager City of SeaTac