Matthew G. Bevin Kentucky Labor Cabinet Derrick K. RomseY Governor l047 US Hwy 127 STE 4 Secretory Frankfort. Kentucky 4060] Jenean M. Hampton Phone: [502] 564-3070 Lt. Governor Fox: (502) 564-5387 September 16, 2016 Special Leave with Pay-Investigative 56-1 15-04! 30044332 Personnel Effective: September 16, 2016 Dear The purpose of this letter is to inform you that, pursuant to 101 KAR 2:102, Section 9, you will be placed on special leave with pay for investigative purposes for a period not to exceed sixty (60) working days effective immediately. This leave is pending ?irther investigation of certain allegations of misconduct made against you, speci?cally: The Of?ce of General Administration and Program Support (GAPS) has reason to believe that you may have violated the Kentucky Labor Cabinet?s Anti-Discrimination and Anti-Harassment Policy by allegedly engaging in inappropriate behavior in the workplace and committing employee misconduct in the workplace. Both actions are punishable under 101 KAR 1:345, Section 1. You will be further noti?ed of the outcome of this investigation and of any disciplinary action taken as a result of this investigation, if warranted. If the investigation reveals no misconduct by you, all records relating to the investigation will be purged ?'om both the Labor Cabinet and Personnel Cabinet personnel ?les. During the duration of this special leave, you are to make yourself available Monday through Friday, 8:00 am. to 4:30 pm, in the event that you need to be contacted by your superiors or for purposes of the investigation. You are to provide your current contact information to the person(s) delivering this letter to you, including phone number and address. Upon receipt of this notice, you are to turn in all state equipment in your possession, including your state- issued identi?cation card, any keys to state property that you have, any state-owned computers/laptops/Ipads, UNBRIDLED SPIRIT - An Fm Inl unit" anlnuar Ml II: In and any ?les both in electronic and paper format and any other state-government equipment that has been issued to you. You are to turn over these items to the person delivering this letter to you. You are also instructed to re?'ain from the use of any remote location access, including VPN and webmail. During this period of special leave, you will not be allowed admittance to any Labor Cabinet/GAPS facilities, unless you have been scheduled an appointment and given additional instructions. Further, you shall not discuss the contents of the investigation with anyone except your superiors and/or the person(s) initiating this investigation. For your information, the Kentucky Employee Assistance Program (KEAP) is a voluntary and con?dential assessment and referral service for state employees. This service may help you with any personal problems that may be affecting your job performance or behavior in the workplace. KEAP can be reached at (800) 445-5327 or (502) 564-5788. In accordance with KRS 18A.095, you have a right to appeal this action to the Personnel Board within sixty (60) days after receipt of this notice, excluding the date noti?cation is received. Such appeal must be ?led in writing using the attached appeal form and in the manner prescribed on the form. Si/rTerelyTiffany N. Yeast Designated Appointing Authority Kentucky Labor Cabinet Attachment: Appeal Form CC: Secretary, Kentucky Personnel Cabinet Kentucky Labor Cabinet Personnel File Approvals: Recommended for Approval Secretary- Kentucky Personnel Cabinet Of?ce of Legal Services Kentucky Personnel Cabinet 1, -have received the investigative leave letter and appeal form dated September 15, 2016. Matthew G. Bevin Derrick K. Ramsey Governor 1047 US Hwy 127 STE 4 Secretary Frankfort, Kentucky 40601 Jenean M. Hampton Phonei (502) 564-3070 Lt. Governor Fox: (502) 5645387 November 29, 2016 Return Special Leave with Pay- Investigative 56-115-04/ 30044332 Personnel Effective BOB: December 1, 2016 On September 16, 2016, you were placed on Special Leave with Pay- Investigative, pending an investigation. Pursuant to 101 KAR 2:102, Section 9, you are noti?ed the investigation reveals that the claim of sexual harassment cannot be substantiated. Therefore, a violation of the Kentucky Labor Cabinet?s Anti- Discrimination and Anti- Harassment Policy cannot be determined and the result of the investigation is that you are returned to work, effective beginning of business Thursday, December 1, 2016. A11 documentation related to this investigation will be removed ??om your personnel ?le. Please be advised that your employer fully supports the Kentucky Employee Mediation Program (KEMP). Mediation helps with issues primarily between two people and provides an opportunity for employees to solve problems with their co-workers or supervisor. This is a voluntary service and should you wish to utilize this bene?t, you may call the Of?ce of Employee Relations at 502-564-5974. Additionally, for your information, the Kentucky Employee Assistance Program (KEAP) is a voluntary and con?dential assessment and referral service for state employees. This service may help you with any personal problems that may be affecting your job performance. KEAP can be reached at (800) 445-5327 or (502) 564-5788. Si cerely, . (kl ll _Tiff N. ast Designated A intin?wlithority Kentucky Labor Cabinet CC: Secretary, Personnel Cabinet, Personnel File Attachment: Mediation Request Form An Fr" Inl Irrth All/Fin Matthew G. Bevin Charles G. Snavely Governor Energy Environment Cabinet Jenean M. Hampton Derrick K. Ramsey Lt. Governor Labor Cabinet SIIARED SERVICES David A. Dickerson 656 Chamberlin Ave, Suite Public Protection Frankfort, KY 40601 Cabinet Phone: (502) 564-7320 Fax: (502) 564-2043 MEMORANDUM TO: FROM: Keeling Gillis, Assistant Director Division of Human Resources Management CC: _System Engineer IT RE: Response to Allegation of Sexual Harassment DATE: November 29, 2016 This letter is to notify you of the findings of the allegations of sexual harassment that you made on Wednesday, September 14, 2016, to Denver Collett, Division Director for the Labor Cabinet, Office of General Administration and Program Support for Shared Services (GAPS), Division of Information Services (DIS), regarding System Engineer IT at GAPS, DIS. You reported there had been several incidents by making inappropriate statements showing you inappropriate pictures and an ent In which you alleged that physically touched you during your assignment at GAPS, DIS. You reported that these incidents occurred as early as December 2015 through early May 2016. You also stated that September 14, 2016 was the first time you reported these incidents to Mr. Collett and/or anyone within DIS and/or GAPS. Upon you reporting this information to Mr. Collett, he immediately contacted GAPS, Executive Director?s Office and- was subsequently placed on investigative leave. Kmart}? :3 UNERJDLED SPIRIT KentuckyUnbridledSpirit.com An Equal Opportunity Employer MIFID Investigation Findings As a result of the investigation we were not able to find evidence to substantiate your claim of sexual harassment. As you indicate that each of these occurrences occurred over a span of 6 months, between December 2015 and May 2016, there were no witnesses and you did not report any of these incidents. When interviewed states that none of these incidents occurred. There are no other corroborating facts to substantiate your allegations of sexual harassment. DHRM and the Kentucky Labor Cabinet are committed to iroviding a workplace free from harassment and discrimination. During interview and by copy of this memorandum,- -was reminded that the Labor Cabinet does not tolerate any harassment and that retaliation of complainants and individuals participating in an investigation will not be tolerated. Investigative Facts As required by the Kentucky Labor Cabinet's Anti-Discrimination and Anti-Harassment Policy statement (attached), an administrative investigation was conducted and coordinated by the Division of Human Resources (DHRM). DHRM discussed the allegations separately with you, Denver Collett (Division Director, Division of Information Services), Kim Kinney (Administrative Specialist Ill, DIS), Kerry ?Chip? Hovey (Systems Engineer IT), Martina Hines (Environmental Control Supervisor, Kentucky State Nature Preserves Felisha Hubbard (Administrative Specialist Kentucky State Nature Preserves) and (Systems Engineer IT). During your interview, you recalled several specific incidents in which you allege - -made inappropriate sexual comments to you, showed you pictures of women in various stages of undress, exposed his genitals to you and forcibly placed your hand on his genitals. You stated that there were no witnesses to any of these actions as they occurred within the office that you and?shared. None of the persons interviewed can corroborate the allegations and neither of them recalled you ever communicating that these events ever occurred. You also stated that you never reported any of the actions to anyone, including the company you are on contract with, TEK Systems. On Friday, September 16, 2016, Mr. Mike Smith, Account Manager with TEK Systems was contacted via telephone by Mr. Collett with Tiffany Yeast, Executive Director GAPS present. Mr. Smith confirmed that you had never reported any alleged sexual harassment by _or any other DIS employee to him. In my intervier questioned him on each specific incident that you had reported. denied the allegations and said that he never said anything sexually inappropriate to you. Further, he denied that he ever exposed himself to your or made you touch him in a sexual manner. KentuckyUnbridledSpirit.com wanna: many An Equal Opportunity Employer MIFID Conclusion The Office of General Administration of Program Support for Shared Services has thoroughly investigated your allegation of sexual harassment and at this point considers this matter closed with no further action taken at this time. GAPS would like to thank you for your participation in the administrative investigation. Please contact my office at 502-564-2042 if you have questions or additional concerns in regards to this investigation. The Labor Cabinet does not tolerate harassment of any kind and complaints of harassment are carefully considered and fully investigated. Further, please be aware that retaliation against individuals who make a complaint or who participate in the investigation of a complaint is strictly prohibited. Complaints or claims of retaliation will be considered a separate issue and may result in disciplinary action, up to and including dismissal. if you experience retaliation, please report it to your supervisor immediately. Retard}? KentuckyUnbridledSpirit.com UNERIDLED SFJRIT An Equal Opportunity Employer Matthew G. Bevin Derrick K. Ramsey Governor 1047 US Hwy 127 STE 4 Secretary Frankfort, Kentucky 40601 Jenean M. Hampton Phone: CORRECTED: November 29, 2016 Return Special Leave with Pay- Investigative 56-115-04/ 30044332 Personnel Effective BOB: December 1, 2016 On September 16, 2016, you were placed on Special Leave with Pay- Investigative, pending an investigation. Pursuant to 101 KAR 2:102, Section 9, you are noti?ed the investigation reveals that the claim of sexual harassment cannot be substantiated. Therefore, a violation of the Kentucky Labor Cabinet?s Anti- Discrimination and Anti- Harassment Policy cannot be determined and the result of the investigation is that you are returned to work, effective beginning of business Thursday, December 1, 2016. All documentation related to this investigation will be removed from your personnel ?le. Please be advised that your employer fully supports the Kentucky Employee Mediation Program (KEMP). Mediation helps with issues primarily between two people and provides an opportunity for employees to solve problems with their co-workers or supervisor. This is a voluntary service and should you wish to utilize this bene?t, you may call the Of?ce of Employee Relations at 502-564-5974. Additionally, for your information, the Kentucky Employee Assistance Program (KEAP) is a voluntary and con?dential assessment and referral service for state employees. This service may help you with any personal problems that may be affecting your job performance. KEAP can be reached at (800) 445-5327 or (502) 564-5788. 8' cer 1y, . Yeas a ed Ap ting Auth Kentucky Labo abinet CC: Secretary, Personnel Cabinet, Personnel File Attachment: Mediation Request Form {1 UNBRIDLED SPIRIT An Inl mitu anlnunr Ml Mediation Request Form Your Information Name: Working Title: Work Phone: Mailing Address: E-mail: Working Relationship to the Other Person - Supervises other person Supervised by other person Does not supervise the other person directly, but is in the other person?s chain of command Is not supervised by the other person, but the other person is in this employee?s chain of command Co-worker Other Person Please ?ll out as much information as possible. Name: Working Title: Work Phone: Mailing Address: E-mail: Other Personfs} involved Names and Titles: Work Phone: Address: Relationship to you: Who Referred You to Mediation? CI Self El Agency Personnel Administrator I: Supervisor Other Co-worker Specify: Personnel Board I am choosing mediation: El as early intervention (there is no plan at this time to ?le grievance) CI in addition to the grievance appeal board process after the conclusion of grievance process Revised 01/13 {Page}. of 2) i 2? .1 Matthew G. bevin Kentucky Labor Cabinet Derrick K. Ramsey Governor 1047 US Hwy 127 STE 4 Secretary Frankfort, Kentucky 40601 Je?ean M. I Phone: {502) 56-4-3070 WW.IODOF.KV.QOV CORRECTED: November 29, 2016 Return Special Leave with Pay? investigative 56-115o04/30044332 Personnel . Effective BOB: December 1, 2016 On September 16, 2016, you were placed on Special Leave with Pay-i Investigative, pending an investigation. Pursuant to 101 KAR 2:102, Section 9, you are noti?ed the investigation reveals that the claim of sexual harassment cannot be substantiated. Therefore, a violation of the Kentucky Labor Cabinet?s Anti- Discrimination and Anti? Harassment Policy cannot be determined and the result of the investigation is that you are returned to work, effective beginning of business Thursday, December 1, 2016. All documentation related to this investigation will be removed from your personnel ?le. Please be advised that your employer fully Supports the Kentucky Employee Mediation Program (KEMP). Mediation helps with issues primarily between two people and provides an opportunity for employees to solve problems with their coworkers or supervisor, This is a voluntary service and should you wish to utilize this bene?t, you may call the Of?ce of Employee Relations at 502-564-5974. Additionally, for your information, the Kentucky Employee Assistance Program (KEAP) is a voluntary and con?dential assessment and referral service for state employees. This service may help you with any personal problems that may be affecting your job performance. KEAP can be reached at (800) 445-5327 or (502) 564?5788. CC: Secretary, Personnel Cabinet, Personnel File Attachment: Mediation Request Form tar-remorse on 3,914 Inl mihr Fmr?l?unr M15 NW (Page 1 of 1) PAN-0901 Personnel Action Notification Employee Personnel tD: KY.GOV Agency Code: 56115 Cabinet: Labor Cabinet Agency: Off of Gen AdmiProg Supp for Division: Division of Information Servic Upon the recommendation of your appointing authority, on September 16, 2016 the Personnel Cabinet processed the fotlowing action(s) in KHRIS: Action Type September 16, 2016 ZB Leave I Pay - 02 Special for investigative FROM TO Job Id: Pos id: Salary: Org id; Job Title: Org Unit: Pay Grade: Systems Engineer IT 5,066.16 10105988 Applications Analysis Development Br 17 Work County: 037 Job Id: Job Title: Pos Id: Salary: Org td: Org Unit: Pay Grade: Work County: 03? Systems Engineer IT 5,066.16 10105988 Applications Analysis Development Br 17 Remarks: ENVESTIGATIVE LEAVE PAY If any of the above information is incorrect, please contact your agency human resources office. (Page 1 of 1) PAN-0901 Personnel Action Notification Emptoyee Agency Code: 56115 Cabinet: Labor Cabinet Agency: Off of Gen Admr?Prog Supp for Division: Division of information Servic Upon the recommendation of your appointing authority, on December 01, 2016 the Personnel Cabinet processed the foilowing action(s) in KHRIS: Start Date. December 01, 2016 Action Type ZD Return From Leave wlpay 02 Special for investigative FROM TO Job id: - Job Titte: Systems Engineer IT Poe id: - Satary: 5,066.16 Org ICE: 10105988 Org Unit: Applications Anaiysis 8? Deveiopment Br Pay Grade: 17 Work County: 037 Job Id: Job Title: Pos id: Salary: Org Id: Org Unit: Pay Grade: Systems Engineer IT 5,066.16 10105988 Applications Anatyeis ti Development Br 17 Work County: 037 Remarks: RETURN FROM INVESTIGATIVE LEAVE EFFECTNE 12f?ll2016 if any of the above information is incorrect, piease contact your agency human resources office. From: Sent: To: Cc: Subject: Attachments: Gillis, Lynn Keeling (GAPS) Tuesday, November 29, 2016 1:18 PM Yeast, Tiffany N (Labor) Conclusion of Investigation 2016-11-29_130003.pdf Attached please find the conclusion of the investigation of Thanks. Lynn Keeling Gillis, IPMA-SCP, SHRM-SCP, CPM Division of Human Resources Management Office of General Administration and Shared Services for Program Support 502-564-2042, phone . From: Sent: To: Cc: Subject: Attachments: Gillis, Lynn Keeling (GAPS) Tuesday, November 29, 2016 1:20 PM Yeast, Tiffany N (Labor) Conclusion of Investigation 2016-11-29_130003.pdf; 2016-11-29_125850.pdf , Attached please find the report concluding the investigation. All documents related to the investigation will be removed from your personnel file. I have also attached a letter taking you off of investigative leave. Your transfer form has been signed and if all is approved at Finance, you will report to COT on Thursday, December 1, 2016. We will contact you regarding your belongings that remain at Teton Trail. Thank you. Lynn Keeling Gillis, IPMA-SCP, SHRM-SCP, CPM Division of Human Resources Management Office of General Administration and Shared Services for Program Support 502-564-2042, phone From: Sent: To: Cc: Subject: Attachments: Gillis, Lynn Keeling (GAPS) Tuesday, November 29, 2016 1:42 PM Yeast, Tiffany N (Labor) RE: Conclusion of Investigation 2016-11-29_133635.pdf Please refer to the attached, corrected letter. I apologize, an identifying number in the heading of the former letter was inaccurate. Additionally, I have included the KEMP form. Thanks. Lynn From: Gillis, Lynn Keeling (GAPS) Sent: Tuesday, November 29, 2016 1:20 PM To: Cc: Yeast, Tiffany N (GAPS) Subject: Conclusion of Investigation Attached please find the report concluding the investigation. All documents related to the investigation will be removed from your personnel file. I have also attached a letter taking you off of investigative leave. Your transfer form has been signed and if all is approved at Finance, you will report to COT on Thursday, December 1, 2016. We will contact you regarding your belongings that remain at Teton Trail. Thank you. Lynn Keeling Gillis, IPMA-SCP, SHRM-SCP, CPM Division of Human Resources Management Office of General Administration and Shared Services for Program Support 502-564-2042, phone From: Sent: To: Cc: Subject: Attachments: Gillis, Lynn Keeling (GAPS) Tuesday, November 29, 2016 10:34 AM Yeast, Tiffany N (Labor) Butler, Sherry (Labor) RE: EEO Conclusion 11 2016 (2) EEO Conclusion 11 2016 (3).doc I wanted to clarify one statement and there is an inaccuracy. Attached. Thanks. From: Yeast, Tiffany N (GAPS) Sent: Tuesday, November 29, 2016 10:17 AM To: Gillis, Lynn Keeling (GAPS) Cc: Butler, Sherry (GAPS) Subject: EEO Conclusion 11 2016 (2) Lynn, Here is the updated letter per Mike Swansburg’s suggestions. Please review one more time and it should be ready to send. Sherry, Please prepare the letter for next action, thanks! so he can be removed from investigative leave and we can then proceed with the Thank you both for the work on this investigation! Matthew G. Bevin Governor Jenean M. Hampton Lt. Governor Charles G. Snavely Energy & Environment Cabinet GENERAL ADMINISTRATION AND PROGRAM SUPPORT SHARED SERVICES 656 Chamberlin Ave, Suite B Frankfort, KY 40601 Phone: (502) 564-7320 Fax: (502) 564-2043 Derrick K. Ramsey Labor Cabinet David A. Dickerson Public Protection Cabinet MEMORANDUM TO: FROM: CC: Lynn Keeling Gillis, Assistant Director Division of Human Resources Management , System Engineer IT RE: Response to Allegation of Sexual Harassment DATE: November 29, 2016 This letter is to notify you of the findings of the allegations of sexual harassment that you made on Wednesday, September 14, 2016, to Denver Collett, Division Director for the Labor Cabinet, Office of General Administration and Program Support for Shared Services (GAPS), Division of Information Services (DIS), regarding , System Engineer IT at GAPS, DIS. You reported there had been several incidents by making inappropriate statements, showing you inappropriate pictures and an incident in which you alleged that physically touched you during your assignment at GAPS, DIS. You reported that these incidents occurred as early as December 2015 through early May 2016. You also stated that September 14, 2016 was the first time you reported these incidents to Mr. Collett and/or anyone within DIS and/or GAPS. Upon you reporting this information to Mr. Collett, he immediately contacted GAPS, Executive Director’s Office and was subsequently placed on investigative leave. KentuckyUnbridledSpirit.com An Equal Opportunity Employer M/F/D Investigation Findings As a result of the investigation we were not able to find evidence to substantiate your claim of sexual harassment. As you indicate that each of these occurrences occurred over a span of 6 months, between December 2015 and May 2016, there were no witnesses and you did not report any of these incidents. When interviewed states that none of these incidents occurred. There are no other corroborating facts to substantiate your allegations of sexual harassment. DHRM and the Kentucky Labor Cabinet are committed to providing a workplace free from harassment and discrimination. During interview and by copy of this memorandum, was reminded that the Labor Cabinet does not tolerate any harassment and that retaliation of complainants and individuals participating in an investigation will not be tolerated. Investigative Facts As required by the Kentucky Labor Cabinet’s Anti-Discrimination and Anti-Harassment Policy statement (attached), an administrative investigation was conducted and coordinated by the GAPS’, Division of Human Resources (DHRM). DHRM discussed the allegations separately with you, Denver Collett (Division Director, Division of Information Services), Kim Kinney (Administrative Specialist III, DIS), Kerry “Chip” Hovey (Systems Engineer IT), Martina Hines (Environmental Control Supervisor, Kentucky State Nature Preserves), Felisha Hubbard (Administrative Specialist III, Kentucky State Nature Preserves) and (Systems Engineer IT). During your interview, you recalled several specific incidents in which you allege made inappropriate sexual comments to you, showed you pictures of women in various stages of undress, exposed his genitals to you and forcibly placed your hand on his genitals. You stated that there were no witnesses to any of these actions as they occurred within the office that you and shared. None of the persons interviewed can corroborate the allegations and neither of them recalled you ever communicating that these events ever occurred. You also stated that you never reported any of the actions to anyone, including the company you are on contract with, TEK Systems. On Friday, September 16, 2016, Mr. Mike Smith, Account Manager with TEK Systems was contacted via telephone by Mr. Collett with Tiffany Yeast, Executive Director GAPS present. Mr. Smith confirmed that you had never reported any alleged sexual harassment by or any other DIS employee to him. In my interview with , I questioned him on each specific incident that you had reported. denied the allegations and said that he never said anything sexually inappropriate to you. Further, he denied that he ever exposed himself to your or made you touch him in a sexual manner. KentuckyUnbridledSpirit.com An Equal Opportunity Employer M/F/D Conclusion The Office of General Administration of Program Support for Shared Services has thoroughly investigated your allegation of sexual harassment and at this point considers this matter closed with no further action taken at this time. GAPS would like to thank you for your participation in the administrative investigation. Please contact my office at 502-564-2042 if you have questions or additional concerns in regards to this investigation. The Labor Cabinet does not tolerate harassment of any kind and complaints of harassment are carefully considered and fully investigated. Further, please be aware that retaliation against individuals who make a complaint or who participate in the investigation of a complaint is strictly prohibited. Complaints or claims of retaliation will be considered a separate issue and may result in disciplinary action, up to and including dismissal. If you experience retaliation, please report it to your supervisor immediately. KentuckyUnbridledSpirit.com An Equal Opportunity Employer M/F/D