– PRINT ON YOUR DEPARTMENTAL LETTERHEAD –
Dear Ms. Employee:
Please take notice that it is the intent of this office to issue you a disciplinary letter equating to a thirty-day suspension. Although you will not miss work or have your pay docked, this non-punitive disciplinary action carries the weight, in terms of progressive discipline, as if you had been actually suspended without pay. The grounds upon which this disciplinary action is being proposed are in accordance with Section 4 of Civil Service Commission Rule XIII as follows:
G. Through willful misconduct, causing damage to public property or waste of public supplies, or waste of public time.
Insubordination. Insubordination shall mean that the employee, having then the ability to do a reasonable act which he/she is directed to do by an officer or employee of the County with authority to direct his/her activities on the job, willfully fails or neglects to perform the directed act.
(Other) Misuse of the Internet to access website of a sexual nature.
You used County equipment to access Internet websites of a sexual nature. During a check by the Information Services Department, it was found that you accessed 239 sexually-oriented websites during the four days your usage was monitored. It was also determined that this access was done during work hours. This constitutes a waste of public time.
In September 2010 a complaint of sexual harassment was filed against you by a coworker. This complaint was investigated and substantiated. As a result, Steve Rossi, the County Equal Employment Manager, and your manager, (name) met with you in October 2010 and directed you not to engage in any further acts of sexual harassment. In that meeting Mr. X also stated that sex in any form is not appropriate in the workplace. Within three months of this directive, it was discovered that you were accessing websites of a sexual nature at work. This is a direct violation of your manager’s directive to you and constitutes insubordination.
In addition to being an act of insubordination, your conduct also created potential liability for another claim of sexual harassment. A coworker could have observed and been offended by the material you were viewing on your computer. In light of the prior incident of sexual harassment, this could constitute a hostile work environment and could have led to a lawsuit or formal complaint to the EEOC or FEHA.
All written materials, reports, and documents upon which this action is based are available to you for your review by contacting me. You will further take notice that you have the right to respond either orally or in writing, or both, to the facts contained in this letter. If you wish to respond in writing, your response must be received in this office no later than (approximately 7 working days later). If you wish to respond orally, you must contact (Skelly Hearing Officer) (650) XXX-XXXX by (approximately 4 working days later) to arrange a meeting to be held by (approximately 7 working days later). If you do not contact Ms. XX or provide a written response by the above dates, it will be assumed that you have waived this right. You have the right to be represented by your union in this matter.
I am making a direct management referral to the Employee Assistance Program (EAP) for you. The EAP phone number is 1-800-834-3773 and you may use the visits on County time on a pre-approved basis.
First Line Manager, Title
cc: Department Head
Next Level Manager
Donna Vaillancourt, Director, Human Resources Department
Employee & Labor Relations
Civil Service and Departmental Files