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    Redacted Harassment Investigation Report

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    Redacted Harassment Investigation Report

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    © All Rights Reserved
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    2K Ansichten18 Seiten

    Investigation Report

    Hochgeladen von

    Justin Hollums
    Redacted Harassment Investigation Report

    Copyright:

    © All Rights Reserved
    Als PDF herunterladen oder online auf Scribd lesen
    Markieren Sie unangemessene Inhalte
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    ¢ COWETA COUNTY COMMUNITY & HUMAN RESOURCES Patria Palmer, Director 22 East Broad Street Newnan, GA 30263 poalmerecoweta 52 770-254-2604 Fax- 70254-2633 To: Michael Fouts, County Administrator From: Patricia Palmer, Director, Community and Human Resources Date: 1, 2015 Re Investigative Report 1. INTRODUCTION Jhave been asked to conduct an investigation into allegations of harassment! made by Firefighter Justin Hollums against Fire Chief Johnny Teeters and Deputy Chief Todd Moore. Additionally, I was asked to make a report as to whether the investigation substantiated the allegations and to provide a recommendation for future action. Il, AUTHORITY TO CONDUCT INVESTIG Pursuant to Paragraph 6.110 of the Coweta County Personnel Management System: “Each complaint will be taken seriously and investigated promptly by the personnel director or the county administrator (when the complaint is against the personnel director), in as confidential a manner as possible. Lam currently employed as the Human Resources Director for Coweta County and was directed to conduct a thorough investigation of this matter by County Administrator Michael Fouts based on the authority cited above. This investigation and report was prepared with the guidance of employment law attorney Megan Martin, ‘or purposes of this report, I have applied the definition of “harassment” contained in the Coweta County Personne! Management System: “|...] conduct by any employee that harasses, disrupts, or interferes with another employee's work performance, or which creates an intimidating, offensive, or hostile environment.” This report does not seek to apply state or federal laws that prohibit workplace harassment on the basis of race, color, religion, sex, national origin, disability, genetic information, or age. Furthermore, no allegations received to date have alleged violations of state or federal law relating to harassment based on a protected classification. III SCOPE OF INVESTIGATION Thave reviewed the following “complaints, of this matter: ‘petitions,” and “requests” as part of my investigation ‘* Justin Hollums’ Request for Review of Adverse Action of June 6, 2014 ‘© Justin Hollums’ Petition for Review Pursuant to Coweta County Personnel Management System Thave also reviewed various personnel files during the course of my investigation into this matter, g the following: ‘© Personnel file of Fire Chief Johnny Tecters ‘© Personnel file of Deputy Chief Todd Moore © Personnel file of Firefighter Justin Hollums | was also provided audio recordings that Mr. Hollums had surreptitiously made of meetings that occurred on June 6, 2014 and in mid-December 2014. ‘These recordings detailed meetings he had with Chief Teeters, Deputy Chief Moore and other leaders within the Coweta County Fire Department. Additionally, I have interviewed 14 individuals to fully investigate this complaint. A summary of the interviews of individuals who had knowledge of Mr. Hollums’ complaints follows. Summaries have not been prepared for interviews that did not provide further or additional insight on Department ‘management and practices. (1) Interview with Deputy Chief Todd Moore Deputy Chief Moore recalled being contacted directly or through the chain of command by Captain Westbrook, Captain Fuller and Firefighter Ethan Harper regarding their impressions of Firefighter Hollums’ behavior and attitude. Specifically, it was reported that Firefighter Hollums was being negative and uncooperative in the workplace. Deputy Chief Moore indicated that Firefighter Ethan Harper requested assignment to a different Fire Station due to Mr. Hollums’ attitude and negativity. When questioned regarding the meeting that he and others had with Hollums in mid-December 2014, Deputy Chief Moore recalls that he, Chief Teeters, Assistant Chief Harmon, and Captain Westbrook met with Hollums to discuss his ongoing negativity and with a goal to “reduce negativity he is displaying to other members.” During the meeting, Mr. Hollums was advised of the Department's concerns and was asked what the Department could do to make things better. Deputy Chief Moore indicated that the purpose and tone of the meeting was meant to be encouraging and supportive—the Department wanted Mr. Hollums to be a team player. He does not recall anything about the meeting that he deemed harassing or threatening. Deputy Chief Moore does recall Chief Teeters making the comment “If you were my son, I'd take you out behind the woodshed.” However, Chief Moore did not perceive the statement as being threatening or literal. Deputy Chief Moore does admit that during this meeting Mr. Hollums said he wanted to be transferred back to Station 12. Mr. Hollums was advised that the request could not be honored but the Department would consider moving him to Station 1. Deputy Chief Moore is emphatic that he intended the meeting to be encouraging and motivating. He hoped that the meeting would assist in getting past whatever was bothering Mr. Hollums and helping him. It was Deputy Chief Moore’s intention to begin the process to move him to Station | (a special operations unit) following the meeting. Deputy Chief Moore indicated that this type of meeting was standard for how the Department responds to complaints/issues with employees. ‘These meeting are used a tool to help firefighters better ‘manage stress and issues that are unique to firefighters and first responders, ‘The goal is to determine the root cause of problems experienced in the workplace. During the meeting, { questioned Deputy Chief Moore regarding when the “negativity issues” were first noted. He believes that the problems began after Mr. Hollums was moved from Station 12 in June 2014. Deputy Chief Moore is not aware of any problems or issues with Mr. Hollums before the June issue, In fact, he reports that Firefighter Hollums was very respectful and did a great job until June 2014, Moore denies that the meeting on June 6, 2014 relating to the imposition of a suspension was harassing and thought the meeting would encourage Hollums to improve his performance. I also questioned Deputy Chief Moore extensively regarding the shift swap that resulted in Firefighter Hollums receiving a reprimand. Deputy Chief Moore recalls that at some point after the meeting with Hollums in mid-December 2014, Fire Department leadership was given the direction to ensure that no retaliation occurred against Mr. Hollums. As a result of this direction, when Captain Westbrook had an issue with Mr. Hollums shift swap with Firefighter Veal, Captain Westbrook called Deputy Chief Moore on the weekend to see if he had approved a shift swap that Mr. Hollums had made. Chief Moore was not aware of the swap and directed Captain Westbrook to contact the Assistant Chief to determine his awareness. It was later learned that Captain Westbrook, Captain Griffin and Assistant Chief Harmon were all unaware of the shift swap. Deputy Chief Moore recalls that Firefighter Hollums had requested the day off and when he couldn't get his request for leave approved that his only option was to make a shift swap with another Department member. According to Deputy Chief Moore, any Department member seeking to swap shifts with another must obtain approval from the impacted captains and provide notification to the Assistant Chief. Generally, shift swaps are day for day and submitted at the same time. Several factors are taken into consideration before approving a shift swap: each employee's training on apparatus, certifications and level of experience. For example, Firefighter Hollums is an Emergency Medical Technician — Firefighter Veal is an Emergency Medical Responder (different levels of medical certifications) this is a factor that captains would consider when determining whether a shift swap is approved. Deputy Chief Moore indicated that he would not normally be involved in a disciplinary action of this level but only gets involved if there is an adverse action. However, due to previous complaints made by Firefighter Hollums there was a heightened sensitivity to this issue. He did believe it was worthy of discipline because the process for making a shift swap was well established and because neither of the two implicated captains or the assistant chief were aware of the shift swap. When questioned regarding the shift swap Standard Operating Procedure (SOP), Deputy Chief Moore indicated that he was not aware the SOP had been inadvertently removed from the SOP Manual when Firefighter Hollums was disciplined for failure to obtain approval of his shift swap with Firefighter Veal. Deputy Chief Moore is adamant that he harbors no animosity or ill will towards Firefighter Hollums and wants him to be an effective member of the Fire Department. He is equally emphatic that he has not harassed or intimidated Mr. Hollums during his tenure with the Coweta County Fire Department. (2) Interview with Firefighter Brent Veal I met with Firefighter Brent Veal to question him about the shift swap with Justin Hollums. He indicated three days before the shift in question, Firefighter Hollums messaged him and asked if he would swap shifts with him, He recalls Hollums saying that he would “take care of all the paperwork.” Veal reports that in the past as long as the appropriate paperwork was done — shift swaps were “okay.” On the day he filled in for Justin, Captain Westbrook was surprised to see Veal and indicated that he was not made aware of the shift swap, Veal’s captain, Captain Griffin, said “you should come through me.” Captain Griffin further indicated: “there are some things going on with Justin and the County.” Veal was unaware of these issues. However, Firefighter Veal reported: “They wouldn’t have pushed it as far as they did if it wasn’t Justin ~ I don’t feel like I would have gotten written up if it wasn’t Justin.” Mr. Veal further indicated that Captain Griffin also said that he wouldn’t have let Veal swap with Justin because of who he is and incidents when Justin had swapped shifts in the past and then called in sick leaving the shift without the necessary coverage. Reportedly, Griffins indicated that he didn't want to write Veal up for the unapproved shift swap; however, “this was part of something else” that Veal had gotten tangled up in and that Veal was a “casualty of war.”? Veal says that he was advised to take it on the chin and move on. Veal spoke with Hollums after the write up and said Hollums said: “this wouldn't have happened if you had not swapped with me.” When I questioned Veal on the appropriate process for making a shift swap he said that he understood it to be as follows: (1) complete paper work; (2) provide paper work to Captain Brian Minix (head of scheduling) and (3) as long as Captain Minix approves the paperwork the shift swap is “okay.” ‘Veal was not aware that captains need to approve the requested shift swap. Veal did indicate: “I should have made sure my captain knew ~I don’t think writing me up over it was the necessary action.” Mr. Veal is not aware of any other issues — has not spoken with Justin or Teeters in several weeks —only spoke with Chief Moore when he submitted his resignation. His resignation has nothing to do with this situation, Veal has family connections to the Newnan Fire Department and wanted to continue a family legacy— he is now a 3" generation firefighter with the Newnan Fire Department, 2 | met with Captain Griffin to discuss his allegedly referring to Firefighter Veal as a “casualty of war.” Griffin does not remember making this comment; however, he believes if he said this it would have been in reference to Veal’s being a video game enthusiast and playing the game “Casualty of War.” When I asked him to explain how Veal might be construed to be a “casualty of war,” Griffin indicated that Veal was a casualty of Hollums not doing the paperwork and getting the proper approvals. 3) Interview with Firefighter Brandy Waters Ms. Waters works with AMR as well as the Coweta County Fire Department. She works on an ambulance at Station 4 the same shift that Justin Hollums works. Ms. Waters had expressed her concer about Firefighter Hollums’ negativity to Captain Westbrook. When I asked Ms. Waters to give me specific examples of the negativity, she stated: “It’s just - nothing occurred — but every day, something is brought up about work ~ he is very negative about it — never really stated what occurred — he just thinks everyone is out to get him — have tried to talk to him — tell him that we perceive his thoughts differently — not everyone is out to get him — sometimes you may not think you have messed up but others do - don’t take itpersonally. If you've done something wrong, you could get punished. He thinks he hasn’t done anything, wrong and everyone is out to get to get him and take him away from Stations he wants to work at.” Ms. Waters reports that the “big issue” for Mr. Hollums is moving Fire Stations. She has spoken to him before and explained that it happens to everyone and he didn’t like that. Further, she indicated that she has encouraged Firefighter Hollums to look at the move in a more positive light— ‘you get to learn a new Station, new truck, new crew.” She reports that Hollums did not like this approach. When I questioned Ms. Waters about when this behavior began, she indicated that she became aware of this change in DecemberiJanuary — before that she did not work with him regularly and did not perceive negativity. Furthermore, she has not observed others with this type of negative attitude or who behave this way, ‘Ms. Waters denies witnessing any acts of harassment toward Justin Hollums or anyone else. When she last spoke with Firefighter Hollums on March 5, 2015, he did mention he had a lawyer and that he ‘wasn’t happy, felt like he was done wrong. Ms. Waters reports that Mr. Hollums also stated that he was going after Chief Teeters, Todd Moore and Adam Westbrook. She indicates that this interaction was also witnessed by Justin's brother who had stopped by the Fire Station, Mr. Hollums did not indicate what Chief Teeters, Todd Moore and Adam Westbrook did to him or caused him to “go after them’ — just that they had done him wrong. His brother seemed supportive during the conversation and said “F-—- Adam Westbrook.” That's when Ms. Waters became uncomfortable and said “ok guys, I'll see you later.” ‘Ms. Waters reports that she feels Adam Westbrook is a fair and good captain and has always treated the team fairly. She indicates that “even when we were in the wrong, but could explain ourselves, he went to bat for us.” When asked to explain how shift swaps are made, Ms. Waters reports two different protocols. Prior to using “Netduty” she would first verbally ask Captain if itis ok to swap. Next she would find someone to swap with and then through email ~ addressed to her captain, the other person’s captain and the other person — attach a copy of the shift swap sheet that includes the information about the shift swap. ‘The information would then be saved on the Q:/ drive but employees were still required to notify their captain of the swap. Now swaps should be made using “Netduty.” (4) Interview with Captain Adam Westbrook Captain Westbrook admits that he brought concerns to light about Justin Hollums* attitude regarding the County taking over EMS work. He recalls that Mr. Hollums was negative regarding EMS Mr. Hollums never said he wouldn’t work an ambulance but Captain Westbrook picked up on negativity. Mr. Hollums did make comments in group setting about EMS, stating that he didn’t want to ride an ambulance and thought it was silly. Captain Westbrook also noted mannerisms toward EMS work that ‘were negative. Captain Westbrook shared the concerns about Justin’s attitude with Deputy Chief Moore after the EMS Open House. ‘A meeting was then held with Mr. Hollums regarding his attitude about EMS, Mr. Hollums de having any negative feelings regarding the EMS operations but did indicate he was upset about being moved from Station 12. Captain Westbrook reports that the meeting was meant to be a proactive “shot in the arm” type of meeting. He described Justin Hollums as a great firefighter and a great employee. Captain Westbrook indicated that Chief Teeters made a comment during the meeting that could be perceived as a problem although he perceived it as an endearment. Specifically, Captain Westbrook recalls Teeters saying: “If I was your dad, I'd take you behind the woodshed.” Westbrook thought he meant “I'd try to get you straight.” Captain Westbrook reports finding the meeting to be unfair to Justin Hollums because he had no idea why he was being called into the Chief's office. Nonetheless, Captain Westbrook did report feeling that meetings like this were important when there was concern about an employee's state of mind. Similar meetings have been held in the past. 1 also questioned Captain Westbrook regarding the procedures utilized for shift swaps. He described shift swaps as a privilege — especially for younger team members who don’t accrue days off as, quickly. Sometimes Department members are allowed to do shift work paperwork afterward or by phone call ~ even though the written policy requires that the paperwork be completed before the contemplated shift swap. In fact, Captain Westbrook had allowed Mr. Hollums to make last minute calls, texts, etc. to obtain approval for shift swaps. When I questioned Captain Westbrook regarding the specific shift swap that led to Mr. Hollums being disciplined, he indicated that Hollums wanted time off in January but he didn’t contact Captain Westbrook. Instead he called Captain Minix three times in January to get annual leave. Minix denied the request because too many individuals had already requested the day off. When the shift in question came around, Captain Westbrook responded to an accident and found a different/unscheduled firefighter on the scene at a bad accident. This firefighter, his partner and truck had been in training all day and had just come back “into service.” When he inquired about the reason this firefighter was on the scene, he learned that this individual had swapped shifts with Hollums. When Captain Westbrook returned to the Station he could find no documentation regarding the shift swap and quickly learned that the shift swap was never approved by anyone. This made Captain Westbrook upset because this meant that he did not know who was on shift and led to lack of accountability. Furthermore, this meant that Hollums had missed the training session that was scheduled for this date and this would require scheduling a separate training for Hollums. Mr. Hollums and the firefighter who swapped shifis with him were both written up for failure to follow the proper shift swap protocol, also spoke with Captain Westbrook at length regarding the June 2014 incident when Mr. Hollums ‘was disciplined for being intoxicated at Fire Station 12. Captain Westbrook indicated that he and Mr. Hollums went out to listen to music at a local bar and that he agrees with Mr. Hollums’ assertions that they were drugged at the bar. Westbrook said he experienced memory loss and was very, very @@& the next day. He recalls calling Chief Moore the next day and telling Chief Moore this occurred. Captain Westbrook advised Hollums to get a police report. Westbrook indicated that there had been reports of

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