1992-37598-Minutes for Meeting October 28,1992 Recorded 11/4/199292-3'598
0119-1274
MINUTES
d
..
EMPLOYEE APPEAL OF TERMINATION HEARING4
DESCHUTES COUNTY BOARD OF COMMISSIONERS
October 28, 1992
Chairman Maudlin called the meeting to order at 3:30 p.m. Board
members in attendance were: Dick Maudlin and Tom Throop. Also
present were: Bruce Bischof, County Labor Attorney; Jerie Schutte,
Building Services Manager; Dick Boller, employee making appeal;
Rick Isham, County Counsel; Mike Maier, County Administrator;
Debbie Legg, Personnel Services Manager; Greg Myers, Building
Maintenance Worker; and Andrea Blum, Recording Secretary.
Chairman Maudlin asked Dick Boller if he wanted his hearing to be
held in Executive Session or in open session. Dick Boller said he
wanted to leave it open. Chairman Maudlin opened the hearing of an
appeal of discharge. He said the order of presentation would be
the Building Services Department first, through Bruce Bischof, then
Mr. Boller would give his presentation, and last there would be
questions from the Board.
Bruce Bischof went through the Building Services Department's
presentation of Mr. Boller's history in the Department and the
circumstances of his dismissal. He submitted the attached exhibits
into the record.
Dick Boller then gave his side of the events leading to his
dismissal.
The Board asked several clarifying questions of Dick Boller and
Jerie Schutte.
Verbatim excerpts
THROOP: What is it that you're requesting out of this hearing.
BOLLER: The only thing I want out of the hearing is my
unemployment; I don't want my job back; I don't want to
work for the County anymore.
-------------
THROOP: A question for Bruce, is it appropriate to explore that
unemployment question now so I can understand more about
who qualifies for unemployment and under what
circumstances, or is that not an appropriate question for
this session?
PAGE 1 MINUTES: 10/28/92
7
om,.
0119-1275
BRUCE: Well, it's not inappropriate to negotiate that type of a
situation. I don't think it's inappropriate to structure
some compromise, if you will. I don't handle
unemployment hearings and it may be a question that's
better answered by Mike or Debbie in that what are the
grounds for being denied unemployment.
THROOP: Let me ask Mike. I see you in an advisory capacity to
the Board and I would like to have you advise me, is that
an appropriate question for now.
MAIER: Rick can jump in real quick, but I don't know if the
County is in a position to adjust unemployment
compensation since we have a contract with the Gibbons
Corporation.
THROOP: First of all, is this an appropriate discussion and
secondly if it's okay, I don't know who qualifies for
unemployment and under what conditions.
MAUDLIN: Well this is an open meeting, Tom and I think anything
qualifies.
ISHAM: Discharge for misconduct would disqualify an applicant
for unemployment compensation. In the course of any
proceeding, prior to final determination, an employer can
come to an agreement with an employee with respect to
discharge. Even though it may have started on one track,
it can be completed on another. That's, I guess is part
management decision and part Board decision, prior to you
rendering a decision in this grievance procedure. In the
absence of that, what would result out of this proceeding
would be that you would make a final disposition of the
grievance. Typically the objective of the employee has
been a little bit different than what Dick has just
expressed. You're not required to make a final decision
and, in essence what I heard Dick saying is he said
"look, I'd like to settle this issue short of having the
Board make a final decision." So what you might want to
do is at the conclusion of this hearing, suspend making
a decision. Mike Maier as Director of Administrative
Services, and maybe with the assistance of Bruce and
myself, could explore whether or not we could accommodate
the wishes of the employee in some sort of structure
settlement of the issue.
MAUDLIN: I don't have any objection to doing that, but I want to
be real clear that we don't know what the come down would
be only that Dick, because I don't want to sit here and
say, Oh hell we'll make a deal, because I don't know if
we can make a deal.
PAGE 2 MINUTES: 10/28/92
0119-12'76
BOLLER: The only reason that I'm asking for my employment is the
fact is, I have no income coming in and I have to wait
for awhile until I find out what's going to happen with
my hands. They're going to operate, the doctor wants to
operate, and I'm waiting from the word from the insurance
company right now.
THROOP: Well, I've asked all of my questions.
MAUDLIN: I have too. I've no objection to going through this
process to see what we can do as long as it's very clear
that any thing would occur... We will hold off making a
final decision on this thing until such time as this can
be investigated and find out whether or not we can work
out a deal on this unemployment.
THROOP: I concur with you Mr. Chair, that we shouldn't make a
decision today and we should take it under advisement.
MAUDLIN: Could we, would two weeks be sufficient?
MAIER: Yes.
BOLLER: Sure, I'll go along with anything.
MAUDLIN: We will come back, pending earlier agreement, we will
come back to make a final decision on this thing at the
Board level on the 11th.
BOLLER: Do I have to be there because I have to be in Portland
for my hands [on the 4th].
MAUDLIN: No, it's the 11th. Well we have to do this in writing
anyway. We will make a final decision on the 11th of
November at 3:00 p.m.
ISHAM: For the record I'm gonna mark what Jerie submitted as V.
MAUDLIN: We are adjourned. Thank you.
PAGE 3 MINUTES: 10/28/92
DATED this day of
Commissioners of Deschutes County,
ATT
,,
cording Secretary
PAGE 4 MINUTES: 10/28/92
Tom
0119-1277
, 1992, by the Board of
, I commiss
6_1&t'atz�&
Nancy Pope Schlangen, Commissioner
Dick Maudlin, Chairman
0119-1278
1278
1521
BUILDING MAINTENANCE WORKER
GENERAL STATEMENT OF DUTIES: Performs a variety of tasks involving
light labor in the cleaning, maintenance, and care of buildings and
facilities in the Courthouse complex or other County facilities;
does related work as required.
SUPERVISION RECEIVED: Works under the sueprvision of a technical
supervisor, although duties are generally performed with some
independence.
SUPERVISION EXERCISED: Supervision of employees is not a normal
responsibility of positions in this class.
EXAMPLES OF PRINCIPAL DUTIES:
1. Sweeps, mops, scrubs, waxes and polishes floors; operates
power cleaning equipment, such as buffer, sweeper, and vacuum
cleaners.
2. Sweeps debris and clears snow from sidewalks; mows and trims
lawn; waters the lawn and shrubbery.
3. Cleans restrooms and fixtures; replenishes restroom supplies.
4. Dusts and cleans offices where care must be taken that office
papers and materials are not destroyed; eies waste baskets
and ash trays. Ir
5. Clean windows, walls, blinds and woodwork.
6. Performs routine electrical, plumbing, ahnd construction
maintenance, as needed; performs maintenance painting
7. Moves and sets up furniture; stores records in archives;
maintains voting machines; maintains heating.
8. Performs related work as required.
RECRUITING REQUIREMENTS;
KNOWLEDGE, SKILL AND ABILITY:
Ability to perform a variety of routine building and fixture
repairs; ability to learn cleaning methods and procedures; ability
to learn the proper uses of cleaning methods and procedures;
ability to learn the proper uses of cleaning maerials, such as
soaps, powders, waxes and polishes; ability to learn the proper
use, care and maintenance of cleaning equipment; ability to
understand and follow routine oral and written instructions;
physical strength to withstand strain of performing manual tasks
for extended periods.
EXPERIENCE AND TRAINING:
Any experience or training which would demonstrate the ability to
perform the work. 1/80
USE'INK OR TYPEWRITER
FOR FINAL MARKINGS PERFORMANCE EVALUATION REPORT
EMPLOYEE
Dick
C.ASS TITLE
Building Maintenance
ECTION a b c d FACTOR e
A CHECK LIST
2
h Qy immediate '
T T
Supervisor
P r H Must Check Each i
r°y Factor in the
Appropriate Column
I OBSERVANCE OF WOW'IOURS
2 ATTENDANCE
1 GRCOMING & DRESS
X a COMPLIANCE WtH RULES
Xt"1 5 SAFETY PRACTICES
e PUBLIC CONTACTS
7 EMPLOYEE CONTACTS
B KNOWLEDGE OF'NCRK
X o Aivu .uoGiMENT
X IO a_ANNING & CRGANIZING
X It JOB SKILL LEVEL
X 12 QUALITY OF WCRK
I] vCLUME ^F ACC:PTABLE'NCRK
(X 11.1 MEE'r4GAZ%NES
X 15 ACCEPTS'>EVI-NWILITY
X 10 ACCEPTS 0IRECTICN
17 ACCEPTS CHANGF
X 18 FEC•IvENESS UNDER STRESS
x 10 APPEARANCE :F NCRK STATION
X 20 OpcOAh> & CARE OF EQUIP
X 1 WORK COORDINATION
X 22 INITIATIVE
1 (ADDITIONAL FACTORS)
FGR EMPLOYEES WHO SUPERVISE OTHERS
X 10 PLANNING b ore. -AWING
X )' SCHEDuuNG S CrM,NATING
32 ma.N,NG & •NSTRuC11NG
]1 PRr)DUCrNrtY
}A E/ALJATNGA1Br'OrANAlES
)S 111(YMf'rIS i 01icS')NS
1e LEAVE %°i P
l/-)PF7A-,r,N1AL P7:i1Ni:MY
lA UPERV17sRY CONTTOOL
10 !AObr10NAt FACr�RS)
DEPARTMENT PERFORMANCE REVIEW
Bldg. Ser. T COMPLETE SECTION H
CURRENT SALARY F UNSCHEDULED REPORT
9.17 CHECK HERE O
N B Record job STRENGTHS & superior ped<
il e st part of t Myr
ity 0 woo were acove averag
n Win 1Eii--MF1CW to l=IOye
DESCHUTES COUNTY
BEND, OREGON
pRoaAnoNA7f REVIEW
O COMPLETE SECTION G
DUE DATE:
nonce incidents.
workattie
You were a
aight cre.+ e
r no annarent
reason. s c ane was called to my attention ov
ni : crew and members of the day crew.
TION C Record PROGRESS ACHIEVED in attaining previously set goals for
improved work performance. for personal or job qualifications.
None because o� the �- ;„ ++,+,,.T„ anti th arrinimt-
time tallPIl iaS {T-n1Tl WQ''
SECTION D Record specific GOALS or IMPROVEMENTS PROGRAMS to be .
undertaken durinq next evaluation period.
SECTION E Record specific work performance DEFICIENCIES or job behavior
reaulnng Improvement or correction (Explain checks In Col. (3)
SUMMARY EVALUATION — Check Overall Performance:
11NOT REQUIRES - EFFECTIVE . EXCEEDS
SATISFACTORY � IMP00VEMENT a MEETS STANDARDS STANOAROS
RATER I certify this report represents my best judgement. ❑ I DO ❑ DO NOT recommend this
employee be granted full time sicnu (For final probatlonan/ reports only.)
N/�t; in classification due,.vt change in or0anizatio ,nqf
RATER I Lssr' I•DO .. ❑ DO NOT recommend this
employee be granted a salary increase hosed on merit and above standard performance.
Proco,ed Salary 8.73 • Range 8 Step G
REVIEWER:(IF NONE. SO INDICATE)
L• ! �f/ A u�:�-G!. i�r%•C (DATE)
(REviEwEr+S SK,NiAxURE) .'. r ;� •,� .f�.�(.! .I (tit
EMPLOYEE: I certify that this report has been discussed with me. I understand my signature
does not necessarily indicate agreement.
COMMENT
41 (EMPLOYEES SIGNATURE)
CHECKS IN COL (a) MUST BE EXPLAINED K I APPOINTING
IN SE TION E Comment._
(SIGNA rUIRE
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T=om
September 3, 1992
TO: DICK BOLLE
FROM: Jerie Schutt
RE: Routine Building Cleaning
Jerie Schutte, Building Services Manager
In response to your reply on not cleaning the cigarette disposal containers
located at the west and east doors of the Courthouse building. This is considered
a responsibility of the person doing the custodial work in the building as these
units are used mainly by the public. Therefore, you will be responsible for this
job on a nightly basis, if you feel you can not complete this part of the job
description, you are not performing the functions ofa Building Maintenance
Worker and termination could be a result.
9
September 9, 1992
Richard F. Boller
52944 Walker Way
LaPine, Oregon 97739
Re: Possible Discipline and Discharge
411.9-1282
Building Services
1164 N.W. Bond • Bend, Oregon • 97701
(503) 388-6594
Jerie Schutte, Building Services Manager
This letter is to inform you of the basis of possible personnel
action that I intend to take with respect to your work behaviors as
a Building Maintenance Worker.
Although there is a specific incident of insubordination which I
will explain later, your work performance over the last year has
been of generally low quality as was reflected in your December 19,
1991, performance evaluation and the series of oral reprimands and
work corrections that I have had to give you since that time. The
attached information sets forth significant incidents which have
occurred over the last year relating to your attitude, failure to
accept supervision, poor work product, and incidents of
insubordination.
The most recent incident commenced on September 2, 1992, when you
were given a work order. You were directed to "Clean out ashtrays
by Courthouse doors, you have tools so you don't have to use your
hands - All maintenance people clean the ones at their assigned
building." The response I received from this work order was that
you do not clean ashtrays and you wrote in the comments section at
the bottom of the page in large letters "I DON'T CLEAN ASHTRAY. I
DON'T SMOKE. HAVE THE SMOKERS DO IT." _
The next day you told. Greg Myers, that you. would not clean the
ashtrays. I accompanied Greg to the Deschutes. Services Building to
ask you if you would complete the job as assigned. You replied,
"No" in a loud, irritated voice and stated that you had already
started a grievance with a note left on my desk the night before.
Clearly, you have the right to grieve any work directive that I
give you, however, you are required to comply with my directive
until such time the grievance is adjusted. Nowhere in your note
did you state that you intended to initiate a grievance, and I
certainly did not take your comments as a grievance at that time.
Because of your refusal to do assigned work, I directed you to
leave the building and go home and consider the action of refusing
0119-1283
Richard F. Boller
September 9, 1992
Page 2
to do assigned work. You said, "No, I am not leaving. I am going
to grieve this all the way." I asked you again to leave and to
give me your keys. You refused this request also. Greg Myers and
I left the building and returned to the courthouse. I went to the
Sheriff's patrol office and asked Sergeant Brizee to have you
removed from the building and to recover the County building keys.
Greg Myers then took Sgt. Brizee to the Deschutes Services
Building. Sgt. Brizee was able to convince you to leave the
building, but you did not turn over the County keys to him.
Because of your actions, I was required to enlist the assistance of
Mike Maier, my supervisor, who then directed the Sheriff's Office
to pick up the keys to the County buildings. Sergeant Cosner of
the Deschutes County Sheriff's Office was. contacted and had Deputy
Pete Penzenik drive to your residence for the purpose of picking up
the County keys, again you refused to give up the keys.
On September 4, 1992, Mike Maier again requested the Sheriff's
Office to send Sgt. Moore to pick up the keys from you at your
residence. He was successful in obtaining the County keys. Before
relinquishing the County's property to Sgt. Moore, you telephoned
me and stated: "I did not have authority to take the keys, that I
was violating the grievance procedure by suspending you, and we
could talk to your attorney from now on."
On September 8, 1992, after the holiday weekend, I called you at
10:30 a.m. and told you that you were on suspension with pay and
not to report to work, and that there would be a meeting in Mike
Maier's office at 4:00 p.m. on Wednesday, September 9, 1992. You
were directed to be there.
Your actions over the last year and in light of the most recent
incidents, show continuing work behavioral problems which have
escalated to the point where you are refusing direct orders from
your supervisor. Your failure to accept supervision, the retainage
of County property after you have been relieved of your post causes
me serious concern. It is my feeling that the above incidents in
light of your poor work performance are such that there may be
sufficient grounds to terminate your employment with Deschutes
County or take other appropriate action. It is my opinion that
these actions are a serious neglect of your duties and
responsibilities and you are performing your work in such a way
that it is hindering the effective performance of the County. I
have serious concerns of your ability to continue to perform the
duties of a Building Maintenance Worker because of this.
0119-1284
Richard F. Boller
September 9, 1992
Page 3
In order to hear and consider explanations that you may be able to
offer in support of your actions in this matter, I have scheduled
a time to meet with you on Thursday, September 10, 1992, at 3:00
p.m. in Mike Maier's office in the Administration Building. I
shall consider any information or explanation you can provide to me
at that time before making my decision as to what action I should
take.
Sincerely,
Jerolyn D. Schutte
Building Services Manager
Attachments (13)
�
Y,
0119-1285
coo
Building Services
❑v
1164 N.W. Bond • Bend, Oregon • 97701
(503) 388-6594
September 14, 1992 Jerie Schutte, Building Services Manager
VIA FIRST CLASS MAIL AND PERSONAL SERVICE
Richard F. Boller
52944 Walker Way
LaPine, Oregon 97739
Re: Discipline Action
On September 9, 1992, I delivered a letter and thirteen attachments
to you regarding possible discipline or discharge. Gregory Myers
sat in on the meeting. At the meeting, I read my September 9,
1992, letter to you in its entirety. I asked you if you understood
the letter and after reviewing the attachments, you asked two
questions of clarification which I answered.
I informed you that we would meet again on September 10, 1992, at
3:00 p.m. as set forth in the letter. Your response to me was that
you did not have anything additional to present and that you are
guilty of insubordination and will have to take the consequences or
punishment for your actions.
Since you indicated that you did not desire to have additional time
to respond to the letter and since you responded to the charges set
forth in the letter at the meeting, I have made a decision.
Since you did not offer any explanation and did not refute any of
the allegations nor provide any additional evidence, I have
concluded that the allegations set forth in my September 9, 1992,
letter are true.
Although, over the past year there have been many incidents where
a work correction or oral reprimand was given, each of those
incidents in someway were different from previous incidents in a
way that it did not appear that further corrective action or more
formal action be taken with respect to each such incident. What
concerns me in this case is the cumulative nature of these
incidents which over time show a consistent theme of
insubordination on your part which, at times, demonstrated an
unwillingness or refusal to do assigned work. The last incidents
of insubordination where you refused to do assigned work and
repeatedly retained County property after being directed to
relinquish it, is consistent with a previously insubordinate work
pattern exemplified by the examples set forth in my letter and
attachments thereto.
Richard F. Boller
September 14, 1992
Page Two
011 9-1286
I appreciate your contrition in admitting wrong doing on your part
and willingness to accept responsibility for your actions. I have
carefully considered your prior work performance, prior incidents
of poor work performance, prior insubordination, attitude, and
actions in the work place, in light of the most recent incidents
and have attempted to fashion as the remedy the most appropriate
disciplinary action in this case. As a consequence, I have made
the decision to terminate your employment as of Thursday,
September 17, 1992. You will remain on suspension with pay until
that time and you will be paid through September 17, 1992. You
will be paid for all unused and accrued vacation benefits through
that date.
You are to attend an exit interview with a member of the Personnel
Department at 4:00 p.m., on Thursday, September 17, 1992, at which
time you will receive your final pay check.
Disciplinary actions are covered by Chapter 3.28 of the Deschutes
County Code. In accordance with Section 3.28.210 you have the
right to appeal this disciplinary action. An appeal of this
disciplinary action shall be made in accordance with the grievance
procedure. The grievance procedure is contained in Chapter 3.40 of
the Deschutes County Code. Since the action taken here was by your
department head, the appeal would be to the Board of County
Commissioners. You have seven working days to initiate your
grievance if you so desire. If you have any questions regarding
appeal of this disciplinary action, you may contact Debbie Legg,
Personnel Services Manager.
Sincerely,
Jerolyn D. Schutte
Building Services Manager
exc0339.rli
Vacation used*
8/1/9 thru.8/20/92
239 hours
Sick Leave used
8/1/ thru 8/20/92
176 hours
n
hours 0119-128'7
8/91
54
hours
9/91
11.0
9/91
45
hours
10/91
18.0
hours
10/91
36
hours
11/91
3.0
hours
11/91
50
hours
12/91
29.5
hours
12/91
36
hours
1/92
2.0
hours
2/92
2
hours
2/92
26.0
hours
4/92
6
hours
3/92
42.0
hours
7/92
10
hours
4/92
9.0
hours
239
5/92
11.5
hours
7/92
5.0
hours
8/92
19.0
hours
176.0
10/28/91
Met with Boller concerning the lack of cleaning of the LaPine Substation.
Over the past several weeks I had received complaints about the quality
of the cleaning or the lack of cleaning being done. These reports were received
from the WIC program, Sheriffs' Dept., and Mental Health employees. Boller
stated that once a week was not enough to clean this building with the heavy
use it received. Upon investigation I. found that the building use had not
changed and he,in fact, was not cleaning every week as indicated on his 'time
card. In fact, some times the building was not cleaned for three weeks at
a stretch. However, Boller was leaving early each Thursday to complete this
task. After this discussion, I removed Boller from cleaning this building
and gave the assignment to Joe C. We have had no further complaints. In fact,
departments using this building have made comments on the fact that it is nice
to work in a clean building. Again, since we did not actually follow him to
LaPine and see that he didn't clean the substation, I felt all I could do was
make a staff change.
10/29/91
According to staff, Boller was very upset with the change in work schedule
and spent numerous hours at the typewriter in Building Services writing
supposidly a letter to Mike Maier regarding the various things I was doing
wrong in this Department. His time card indicated that he spent 3 hours
doing miscellaneous cleaning chores. I was waiting to talk to him about this
until the letter was delivered so I could confront him with the falsified time
card, but he never delivered the letter.
10/31/91
Met with Boller regarding his employment status and told him that he was not
a supervisor, but a lead man. Complaints had been received about food thefts
from 4arious departments and that I believed he was to blame for these based
on information that I had received. These thefts never occurred when he was
off sick or on vacation. He denied these thefts, but we have not had any since
this discussion. We also discussed the harassment of fellow employees. (sneaking
up on them at break or suddenly appearing in the buildings.they were working in
without letting them know he was in the building) This has stopped somewhat since
he was removed as lead man.
12/4/91
Met with night crew on team management concept. Boller was off work either on
vacation or sick leave. Night crew liked the idea of self-management and we agreed
to try it.
0
12/9/91
0119-1288
Met with Boller to discuss the team management concept. Told him that he was
taking too much time off to be the lead man and the responsibilities too often
fell on someone else. See record attached. The night crew held an election
and Joe C. was elected to be assistant co-ordinator for the team. Boller was
upset by this and left at 9:30 claimang to be sick. He also took the following
two days off as sick leave. Bollers comment when I ask him about his excessive
time off was, I earned it and I will use it when I want to. He was always very
careful to be back to work before a doctors report was needed.
January -30, 1992 0119-1289
Incident between Joe Cubero and Dick Boller as witnessed by Don Kellogg. Abusive
language and physical threats were aimed at Joe C., who did not return the abuse.
See attached statement from Don Kellogg. On February 3rd, I called Dick Boller
to my office to discuss his behavior on the preceeding Thursday morning. He was
given a copy of the personal rules (7.210) and told this type of behavior was not
acceptable and if it happened again a written reprimand would be placed in his file.
He stated at this time that he would act that way if he felt like it, that there
was nothing I could 'do to stop it. I simply told him, because he was very loud,
that I would not tolerate this type of behavior and it was time to get to work.
This type incident has not happened since.
February 25, 1992
Team meeting was held and Boller refused to attend. However, during the
coarse of the meeting, it was brought up that Boller had falsified his time
card, used a County vehicle to get his lunch, etc. Boller was apparently
standing outside the meeting room and overheard the conversation. He came.
to my office after the meeting and started yelling that "no one had better
be discussing him in any of our meetings that he wasn't a team member. The
discussion became so loud, angry and abusive that Gene Goff, and Gary Aldred
came to the office to see if I was OK.
March 19, 1992
Boller was called to my office to discuss a complaint I had received about
his lack of cleaning in a certain building. He immediately started yelling
and telling me I didn't know what I was talking about as he had done commercial
cleaning for 20+ years and he was just going to have to go to the Board with
my lack of knowledge on the subject. I stated to him that this was fine, I
felt I had a very good knowledge of how things should be cleaned as I myself,
had cleaned for more years than he. This just made him get louder and louder.
He finally left the building and went home sick at 9:30. Marilyn Baer of the
Tax Department was a witness to this and she was afraid he was going to get
violent so she stayed to see if I needed help.
April 9, 1992
Dick Boller requested a special hose for the carpet shampoo equipment, Dick
Dluehosh got the hose from Evergreen Distributing at no cost because it was
just a short piece. When Dick Boller came to work that evening he immediately
went into a rage when he found out the hose was 1' shorter than he requested
even after the day crew had tested it and found the length of the hose was
completely adequate. After he stormed out of the office, I ask Joe C. what
in the world was wrong with him and again he overheard parts of the conversation
and came back to the office stating if I wanted to know what was wrong to ask him.
I told him that I wouldn't take that kind of talk from him and to shut his mouth.
He said back to me "You better watch yourself". I would have sent him home that
night but we were two people short already and I hoped he would clean his buildings.
April 7, 1992 LJA% o `i i-t,�y ?-
Falsified
Falsified time card. When confronted, Boller admited he made a mistake and
agreed to be more careful about accounting for his time. We have had indications
that this has happened on different occassions, but I have been unable to catch
him in leaving early etc. as his shift runs until 3AM.
•
September 2, 1992 0119--1290
Dick Boller was given a work request to clean the cigarette disposal containers
at the west and east doors of the Courthouse
September 3, 1992
Dick Boller left a note on the work request stating that he would not clean
the cigarette disposal containers. A written response was given to him by
Greg Myers from myself. He told Greg Myers that he would not clean the containers.
Greg Myers and myself went to the Deschutes Services Building to ask Boller if
he would complete the job as assigned, he said NO in a loud irritated voice, " I
already started the grievance with the note left on your desk last night". I then
ask him to leave the building and go home to think about hi's actions. He said
"No, I'm not leaving I'm going to grieve this all the way". I again ask him to
leave and to give me the keys. He refused on all three -requests. Greg Myers
and I then left the building and returned to the Courthouse. At this time
I went to the Sheriffs' Patrol Office and ask Sgt Brizee to have Boller leave
the building and to get his keys. Greg Myers then took Sgt Brizee to the
Deschutes Services Building and Sgt Brizee ask Greg to wait in another area
while he talked to Boller. Boller finally left the building and Sgt Brizee
dit not get his keys stating that he, Sgt Brizee,did not have the authority
to take the keys.
Mike Maier called the Sheriffs' office to ask that Bollers' keys to the
County buildings be picked up. Sgt. Cosner was on duty at the time and
requested that Deputy Pete Penzenik pick up keys from Boller at his residence.
Again, Boller refused to give the keys up.
September 4, 1992
Mike Maier reguested the sheriff's office to send Sgt J. D. Moore, to'pick up
the keys from Boller at his residence. J.D. was successful in getting the
keys from Boller after he called me and said I didn't have the authority to take his
keys and that I was violating the grievence procedure by suspending him and
we could talk to his attorney from now on.
September 8, 1992
Boller was called at 10;3OAM and told that he was on suspension with pay and
was not to report for work on Monday. He was to be at a meeting in Mike Maier's
office at 4:OOPM on Tuesday, September 9th.
Insubordination 3 or 4 Counts if refusal to give keys to Sheriffs Office on
Mike Maiers request counts.
My main concern is that he not only refused an order to clean, but actually
challenged me when I told him to leave the building and give up the keys.
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USE INK OR TYPEWRITER
FOR FINAL MARKINGS
,',ASS TITLE
Dick Boller
,�° GZa DESCHUTES COUNTY
PERFORMANCE EVALUATION REPORT o 11 �E 040N
DEPARTMENT PERFORMANCE REVIEW PROBATIONARY REVIEW
Bldg. Cer. COMPLETE SECTION H O COMPLETE SECTION G.
CURRENT SALARY F UNSCHEDULED REPORT DUE DATE:
Buildtig Maintenance Worker 9.17 CHECK HERE ❑ i 91
A FACTOR a SECTION B Record job STRENGTHS &superior performance incidents.
1IUIv u UC
t e st Hart o t ur wor attl e a
A I
CHECK LIST
ity o wor were ve average.ou were a
o` F y
�' Immediate
'J W1 1 as- on ow t0 rove nl t cm e 1
$1pef'15Of
en eve 4n to a for no arnarent w
S,
Must Check Each
reason. s e an e was called to my attention b
Factor in the
night crew and members of the crew.
�}
Appropriate Column
SECTION C Record PROGRESS ACHIEVED in attaining previously set goals for
unproved work performance, for personal. or job qualifications.
I OBSERVANCE OF WORK HOU
2 ATTENDANCE N
3 GROOMING DRESS
d COMPLIANCE WITH RULES
5 SAFETY PRACTICES
o PUBLC CONTACTS
7 EMPLOYEE CONTACTS
DGE OF WORK
8 KNOWLE
o woRK uDGEMENT SECTION D Record specific GOALS or IMPROVEMENTS PROGRAMS to be
undertaken durinq next evaluation period.
10 PLANNING & ORGANIZING
11 JOB SKILL LEVEL
12 QUALITY OF WORK
13 VOLUME OF ACCEPTABLE WORK
Id MEE' NG ZEACL NES
15 ACCEPTS RESPGNSIBIUTY
1 ACCEPTS DIRECTION
6
17 ACCEPTS CHANGE SECTION E Record specific work performance DEFICIENCIES or job behavior
E S UNDER STRESS requiring improvement or correction. (Explain checks In Col. a)
t8 EcF__IvEN S
10 APPEARANCE ^.'F WORK STATION Over the aSt 3-4wnth
20 CPERATION & CARE OF EQUIP in attitude and job pg
21 WORK COORDINATION has been used in addition_ .
-Ill Of Y
22 INITIATIVE No Caet an'an
23. (ADDITIONAL FACTORS) with the e v�iir_e Bili
, .
FOR EMPLOYEES WHO SUPERVISE OTHERS
WX PLANNING & ORGANIZING
SCHEDULING& COORDINATING
TRA.N,NG & ,NSTPUCTtNG
PRODUCTIVITY E'JALJAT NG SUBr�INATES
35 JUDGMENTS & DEC:SONS
36 LEA1,ET%Sn,P
J7 7PFeA"-GNAL ECCO JMY
79 SUPERVI<�RV COTvtTX�l
39 (ADDITIONAL FACTORS)
F SUMMARY EVALUATION - Check Overall Performance:
❑NOT REQUIRES EFFECTIVE - EXCEEDS
SATISFACTORY ElIMPROVEMENT ❑MEET$ STANDARDS 0 STANDARDS
G I RATER: I certify this report represents my best judgement. ❑ I DO ❑ DO NOT recommend this
employee be granted full time status (For final probationary reports only.)
N/„IIin classification due,n change in organizationgf
H RATER I s t' I•DO . . ❑ DO NOT recommend this
employee be granted a salary increase based on merit and above standard performance.
P.opo,edSolcy 3Range 8 Step G
REVIEWER: (IF NONE. SO INDICATE)
� ✓ % 2 v � (DATE)
(r*vfEwErrssiGNAjuPC ! .��/ , �'_.L! -! (11T
J EMPLOYEE: I certify that this report has been discussed with me. I understand my signature
does not necessarily indicate agreement.
COMMENT
CHECKS IN COL (a) MUST BE EXPLAINED KI APPOINTING
IN SECTION E Comment:_
WHITE - PER;OfltlEl (,i Pr / JPV • PINK Uf PAUTMf Nr COPY
ic:�•,r., :BALI '",�tG r(p.V
- SEE INSTRUCTIONS ON REVERSE SIDE -
(DA