I Mt UUUN I Y OP MILWAUKEE NOTICE OF SUSPENSION

DHHS - Disabilities Services Division

(Originating Department, Commission, Board, or Institution)

February 9, 2011
(Date of issuance)

Christopher Liebenthal
(Name of Suspended Employee) To: MILWAUKEE COUNTY PERSONNEL REVIEW BOARD

Courthouse Room212-F Courthouse Room 210

DEPARTMENT OF HUMAN RESOURCES Christopher Liebenthal

(Name of Suspended Employee)

You are hereby notified that

(f

employed in the position of. 8300

(Org. Unit Number)

Human Services Worker

(Title of Position)

in the

Disabilities Services Division

(division, Department, Commission, or Board)

has been suspended for

15

day(s), to take effect on

Pending Personnel Review Board

Recommended by

Geri L. Lyday, Interim Director, DHHS

(Name and Title of Superior Officer)

THE REASON FOR SUSPENSION: (Cite section(s) of the Civil Service Rule violated and some specificity of act or omission such as date(s), location, and description.) See attached memorandum.

This Action has been taken in accordance with State Statutes, County General Ordinances, and the Civil Service Act and Rules.
Was this employee previously suspended within the past six months: (the six month calculation is from the date of issuance)

Yes

No

If yes, complete the following: 1. The most recent suspension was issued on what date?

2. Is suspended employee represented by a bargaining unit?

FORM DISTRIBUTION: Blue Copy - Suspended Employee White & Yellow - Department of Human Resources Green Copy - Personnel Review Board Pink Copy - Retained by the Appointing Authority

Yes

D No

&2tt.
(Signatur^of ^ppointingjjuthority) O>/^f<27^L
(Title of Appointing Authority)

MUST BE IN THE PRB OFFICE WITHIN 3 DAYS OF ISSUANCE

DEPARTMENT OF HEALTH & HUMAN SERVICES

Milwaukee County
Geri L. Lyday, Interim Director

Date: To:

February 9, 2011 Christopher Liebenthal

From: Geri L. Lyday Re: Disciplinary Hearing Decision

On January 12,2011, a hearing was conducted to consider the imposition of discipline for Christopher Liebenthal, Human Services Worker in the Disabilities Services Division. Present at the hearing were Geri L. Lyday, Interim Director, Department of Health and Human Services (DHHS) who was the Hearing Officer, Mark Stein Interim Administrator, Disabilities Services Division, Araceli Garcia, Human Resources Manager, DHHS, David Eisner, DC48, Enaida Alverado, Chief Stewart, DC48 and Christopher Liebenthal. Mark Stein presented evidence regarding violations of Civil Service Work Rule VII, Section 4, l.(I) refusing or failing to comply with departmental work rules, policies or procedures, (r) Wasting time or loitering, and (kk) Engaging in personal activities during working hours. Mr. Liebenthal used his County computer for personal use and violated the above work rules. Mr. Eisner, Mr. Liebenthal and Ms. Alvarado pointed out that Mr. Liebenthal has a clean record with no previous discipline, expressed concerns about the length of time since the work rule violations occurred and that Mr. Liebenthal did not use his County computer to "post" information to the internet. Having heard the evidence presented regarding this case, it is clear that Mr. Liebenthal blatantly violated the Use of Technology Policy over the course of a year on numerous occasions and was in violation of the above Civil Service rules. Mr. Liebenthal acknowledged that he did use his County computer for personal use but that all activity has ceased. Taking into consideration that there has been no previous disciplinary action by this employee, the Hearing Officer is recommending a 15-day suspension to be effective pending the outcome of the Personnel Review Board. The hearing officer finds this employee's actions to be in total disregard of the County Technology Policy which the employee signed and was clearly made aware. In addition, the activity was prolonged over a years' time with repeated violations. The action appears to be very deliberate. Therefore, I believe the 15-day suspension is more than warranted.

Geri L. Lyday, Interim Di/ector (Hearing Officer) Department of Health and HgjBaB/Services

1220 W. Vliet Street, Suite 300 ~ Milwaukee, WI 53205 ~ Telephone (414) 289-6660 ~ 289-6665 - TTY/TTD For Hearing Impaired - Fax (414) 289-8570

MILWAUKEE COUNTY PERSONNEL REVIEW BOARD

Room 212, Courthouse, Milwaukee, Wisconsin 53233

NOTICE OF HEARING (15 Days Suspension)

(To Employee) February 10, 2011

To:

Christopher Liebenthal

You are hereby notified that as cause for your 75 Days Suspension, your appointing authority, Geri Lyday, Interim Director, DHHS, has filed with the Milwaukee County Civil Service Commission a complaint in writing, a copy of which is attached hereto. You are further notified that the Milwaukee County Personnel Review Board will hold a hearing with respect to the suspension. The hearing will be held in the Courthouse Room 203-R, 901 North 9th Street, Milwaukee, Wisconsin on the 22nd day of February 2011 at 9:00 AM.

By order of the MILWAUKEE COUNTY PERSONNEL REVIEW BOARD

VERONICA W. ROBINSON, Executive Secretary

Mitwaufoe County
PERSONNEL REVIEW BOARD
VERONICA W. ROBINSON Executive Secretary

February 10, 2011 Christopher Liebenthal

r\ r ^ "

Dear Mr. Liebenthal: Enclosed are documents providing you with notice of the disciplinary action that has recently been taken against you by your appointing authority. You have a right to a hearing within 21 days, according to Section 63.10 of the Wisconsin State Statutes and Milwaukee County Civil Service Rule VII, Section 3. The hearing, Tuesday, February 22. 2011 is also noted on the Notice of Hearing (Suspension) form attached. Please be advised that if you or your authorized attorney or union representative fail to appear on the above hearing date, the hearing against you may proceed in your absence. You may appear at your hearing before the Board on your own behalf, or be represented by an attorney or a union representative, if you belong to a collective bargaining unit. It is VERY IMPORTANT that if you or your attorney or authorized representative cannot be present at the hearing, you contact the Personnel Review Board at the phone number and address listed below. Otherwise the Personnel Review Board is mandated to go forward with the hearing. The following documents are provided to help you with this process: 1) The Notice of Suspension signed by your appointing authority. 2) The Notice of Hearing (Suspension) before the Personnel Review Board. 3) A copy of the policy of the Personnel Review Board for postponement of hearing dates when necessary. 4) If you do not wish to contest this suspension, the attached Waiver of Hearing form must be signed by you and a witness and returned to the Personnel Review Board. Please call me at 278-4218 if you need assistance or do not understand what you need to do. Sincerely, MILWAUKEE COUNTY PERSONNEL REVIEW BOARD

Veronica W. Robinson, Executive Secretary Enclosures

COURTHOUSE, ROOM 212

901 NORTH 9 STREET

MILWAUKEE, WISCONSIN 53233 Board Members

TELEPHONE (414) 278-4218

FAX (414) 223-1897

CORAL D. PLEAS President DAVID A. KARST Vice President HELEN J. DIXON PATRICK E. DOYLE FRED DELMENHORST

Mifwaufye County
PERSONNEL REVIEW BOARD
VERONICA W. ROBINSON Executive Secretary

February 10,2011 John English, Staff Representative, District Council 48, AFSCME Attorney Timothy Schoewe, Acting Corporation Counsel

This is early notice that the appointing authority of Christopher Liebenthal, Human Services Worker. DHHS has filed Notice of Suspension, with the Personnel Review Board, which discipline action will be heard before the Board. On this matter, the Board has set the date of Tuesday, February 22, 2011 for the initial hearing. Such initial hearing will be held at 9:00 A.M. in the Courthouse - Room 203-R, 901 North 9th Street, Milwaukee, Wisconsin. The employee is now in the process of being served by the Board with a copy of the Notice of Suspension and notice of this hearing date. Sincerely, MILWAUKEE COUNTY PERSONNEL REVIEW BOARD

Veronica W. Robinson, Executive Secretary Enclosure

COURTHOUSE, ROOM 212

901 NORTH 9 STREET

MILWAUKEE, WISCONSIN 53233 TELEPHONE (414)278-4218 Board Members CORAL D. PLEAS President DAVID A. KARST Vice President HELEN J. DIXON PATRICK E. DOYLE FRED DELMENHORST

FAX (414) 223-1897

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MILWAUKEE COUNTY PERSONNEL REVIEW BOARD

Request for SERVICE ON EMPLOYES FOR DISCIPLINE HEARINGS
TO THE SHERIFF:
OK TO SERVE ANY PERSON WHO ANSWERS THE DOOR

Upon service, please hand deliver the papers to the Personnel Review Board COURTHOUSE, room 212E or call 278-4218 If unable to attain personal service on the employe on or prior to

rfcRUARf 1ft. 2011

DATE Please call the Personnel Review Board at 278-4218 for possible arrangements for delivery of FORM 50-Unsuccessful Service and the assignment of a new hearing date. Thank you, Veronica W. Robinson, Executive Secretary Harriet Caper, Administrative Assistant Marvic Rizio, Administrative Support

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FROM Milwaukee County Personnel Review Board 901 North 9th Street Milwaukee, Wisconsin 53233

Christopher Liebenthal