INVESTIGATION SUMMARAZATION

WORK PRODUCT

PERSONNEL ISSUE

On 05-16-07 I was directed by [redacted] to conduct an investigation into alleged improper conduct involving both Town of Silt Employee’s and Town Board Members.

The improper conduct by Town employees alleged that [redacted] had instructed [redacted] to perform an illegal computer search to obtain evidence that [redacted] had fabricated a document regarding billing of Stillwater Development for staff time.

This investigation also concerned improper action by Town Board Members, Mayor Dave Moore and Trustee Doug Williams. They are alleged to have asked for and received

personnel information from [redacted] as well as other employees.

This investigation will include violations of the Town of Silt Employee handbook, the ordinances of the Town of Silt, The Home Rule Charter of the Town of Silt, and Colorado Revised Statutes.

Section 112 of the Employee handbook says: Employees who improperly use or disclose proprietary confidential Town information will be subject to disciplinary action, up to and including termination of employment and legal action, even if they do not benefit from the disclosed information.

Section 202 of the Employee handbook (paragraph 2) says: Personnel files are the property of the Town and access to the information that they contain is restricted. Generally, only the employee and supervisors, and management personnel of the Town who have a legitimate reason to review information in a file are allowed to do so.

Section 701 of the employee handbook outlines several rules of conduct. Those that apply in this case are: Falsification of timekeeping records, Insubordination or other disrespectful conduct, excessive absenteeism, Unauthorized use of Town equipment, Unauthorized disclosure of confidential information, violation of personnel policies, unsatisfactory performance or conduct.

Section 703 Sexual and other unlawful harassment: paragraph 2 states Unlawful harassment includes conduct that has a purpose or effect of unreasonably interfering with an affected persons work performance or creating an intimidating, hostile or offensive work environment.

Section 704 deals with attendance and punctuality.

Section 2.04.070 of the Silt Municipal Code sets forth the powers and duties of the Town Administrator. Section A. Enforce all of the Laws and Ordinances of the Town.

Section 2.04.050 names the Town Administrator as the Chief Executive Officer of the Town.

Section 3-1 of the home rule charter reinforces these sections of the Silt Municipal Code.

Section 2.04.110 is the Town of Silt Code of Ethics. This section reinforces all of the above listed sections of the employee handbook and the Home Rule Charter.

The most serious of these violations are set forth in the Colorado Revised Statutes (CR5).

They are as follows:

CR5. 18-8-306 Attempt to influence a public servant a class 4 Felony

CR5: 18-8404 First degree official misconduct a class 2 Misdemeanor

CR5: 18-5.5-102 Computer Crimes is a class 2 misdemeanor

Some of the other violation of Municipal Ordinance and Home Rule Charter will be outlined in each individual circumstance.

I interviewed [redacted] advised me of several events that had occurred over the last couple of months regarding violations of the personnel policies of the town and possible criminal violations of town board members. [Redacted] stated that [redacted] had contacted [redacted] to perform an illegal retrieval of information from [redacted] computer. This involved an allegation of producing an official billing document that should have been presented in December, but was either misplaced or never created.

The second part of this allegation involved Town Board members involving themselves is personnel matters, which in turn created undue stress among the employees of the Town. This type of action caused employees to make mistakes in their job, created internal strife, and contributed to the feeling of a hostile work environment for all employees.

The third part of the complaint alleges that Town Board members have violated Colorado Revised Statutes up to and including Intimidating a public official and ₁St degree official misconduct. These violations have been substantiated through my investigation.

I interviewed [redacted] related several facts about the investigation. [Redacted] admitted that she did type a memo and that the date on the billing document she submitted to was dated in December rather than the May date when it was created. [Redacted] said that she did this because she was afraid that her job was in jeopardy due to statements made by Doug Williams threatening her job. She went on to say that she usually did not make mistakes in her job but due to the fact that she worked 60 to 80 hours a week, had numerous interruptions by board members, and the stress of possibly losing her job, she was not thinking clearly and submitted the document. She admitted to getting into a shouting match with and both parties spoke several derogatory names. Subjects present during these exchanges were [redacted]. She said that Mayor Moore had spoken to her several times about different items that he felt were important. These conversations took her away from the work that she was doing and added to the stress levels. She was also concerned about the gossiping that was taking place in the front office between [redacted]. She said that when she walked into the office everyone would quit talking. ([Redacted] has experienced this same attitude).

Violations: Section 701 of the Employee handbook (disruptive activity in the work place, falsification of timekeeping records). Section 718 Problem Resolution. CR5 18-8-114 Abuse of Public Records (1) (a) Knowingly made a false entry or falsely alters a public record. A class 1 misdemeanor.

I interviewed [redacted] stated that she had not talked to any board member about personnel issues. She did say that she had participated in the rumor/gossip that was taking place in the lower office and that there was derogatory talk about town employees. There was a lot of talk going on regarding [redacted].

Violations: 701 of the Employee handbook disruptive activity in the workplace, [redacted] has sent out numerous memos regarding Gossip and its effect on employee moral. These have been violated repeatedly.

I interviewed [redacted] said that she had only directed calls from board members. The only questions that had been discussed were with Mayor Moore and that they had all been regarding the time that [redacted] had been taking for lunch breaks and who she was at lunch with. [Redacted] said that the rumor mill here is massive and that even today (05-17-2007), she had been asked questions about [redacted]. She had participated in Gossiping and had been reprimanded by [redacted]. She engaged in a conversation with [redacted] involving the fact that [redacted] was accusing [redacted] of doing things wrong. She said that there was a lot of stuff that she did not understand and that [redacted] was disgruntled over things in general. [Redacted] said that [redacted] had asked her how to print a properties sheet so that she could find out about a document that [redacted] had created. She specifically wanted to know the date that the item was created. [Redacted] said that she did not know how to print the information but she told [redacted] that it was there and that it could be retrieved. [Redacted] said that she had been involved in gossiping and that [redacted] had reprimanded her for that and she was not going to do it again.

Violations: Section 701 of the employee handbook disruptive behavior in the workplace, [redacted] has sent out numerous memos regarding gossiping and the effect that it has on

employee moral. Repeated violations have occurred.

I was unable to interview [redacted] advised that she would not speak without an attorney present. I told her that she should bring her attorney with her. So far she has declined.

Violations alleged: Section 202 of the Employee handbook, access to personnel files, several violations of section 701 of the employee handbook, disruptive behavior in the workplace, insubordination or other disrespectful conduct, excessive absenteeism, unauthorized use of employer owned equipment, Unauthorized disclosure of confidential information, unsatisfactory performance, section 704 attendance and punctuality, 718 Problem Resolution, Violation of CRS 18-5.5-102 (1) (a) Computer Crime a class 2 misdemeanor.

I interviewed [redacted] was placed in a situation where her human resources position was jeopardized by questions regarding personnel matters. She was present and heard gossip occurring in the downstairs office. She was present during a loud and profane exchange between [redacted].

Violations: Section 701 of the Employee handbook, Failure of a supervisor to take the necessary steps to discipline a subordinate.

I interviewed Mayor Dave Moore: He stated that he had tried to stay neutral during all of the personnel issues. He said that he had discussed some issues with Doug Williams regarding personnel issues. He also said that he had talked with [redacted] a couple of times during the last few weeks. He also said that he took [redacted] letter of resignation and did not accept it. He agreed that everyone had made mistakes and that the Town needed to heal. Violations: section 1-16 Code of Ethics pertaining to 24-18-101 et seq. section 2-4 of the Home Rule Charter Duties of Mayor, 18-8-404 (1) (a) (c) 1s1 degree official misconduct a class 2 misdemeanor.

I interviewed [redacted] stated that he had eaten lunch with Doug Williams and that personnel matters were discussed. He was also present during an altercation between [redacted] which turned profane. He did nothing to stop it.

Violations: Section 701 of the employee handbook Failure of a supervisor to take necessary steps to discipline a subordinate, violation of personnel policies, section 718 problem resolution.

I interviewed [redacted] said that he had minimal contact with board members. He did say that he had participated in gossip that occurred in the lower offices. [Redacted] has also tendered his resignation effective June 17, 2007. No need for further.

I was unable to contact Doug Williams due to an illness in his family.

Alleged Violations: CR8 18-8-306 attempt to influence a public servant, a class 4 felony, CR8 18-8-404 1st degree official misconduct a class 2 misdemeanor, section 701 of the employee handbook Violation of personnel policies

As you can see by the above investigative notes, all of the personnel in this issue made mistakes. This is not uncommon in a small community like Silt. That is the reason that state statutes, municipal code, home rule charter, and employee handbook cover personnel issues.

My recommendations in this investigation are as follows:

1. The two board members and need to be handled by the Town Board.

2. All board members take a two-day class put on by CJRSA Attorney and Town Attorney specifically designed to train on personnel matters. (MANDATORY)

3. All supervisory and department heads take a two day course presented by CI1RSA and Town Attorney specifically designed to familiarize them with personnel matters as well as disciplinary procedures. (MANDATORY)

4. All Town employees take a 1-day course dealing with personnel issues.

(MANDATORY)

5. Complete background checks on all employees hired.

6. Review and change personnel board to a 3-person panel to include 1 Board Member, 1 Town Employee, and 1 Citizen at large from the community.

7. Revise the employee handbook to reflect current information and laws. Our refers to 1980 Ordinances. Many changes have been made since then.

8. If this investigation is to continue, it needs to be given to an outside agency for a complete and detailed report and possible filing of charges. Hopefully this can be alleviated by proper board action.

Respectfully submitted