lawsuit against city of redlands

CIV130916CIVDS1311312ICF122902

0 IScanned Document Coversheet

System Code CIV

Case Number DS1311312

Case Type CIV

Action Code ICF

Action Date 091613

Action Time 1229

Action Seq 0002

Printed by GLGRE

THIS COVERSHEET IS FOR COURTPURPOSES ONLY AND THIS IS NOTA PART OF THE OFFICIAL RECORD

YOU WILL NOT BE CHARGED FORTHIS PAGE

Complaint Filed imaged

COMP FILED

INEW FILE

Daniel L Ferguson Esq SBN 98377Joseph Richardson Esq SBN 212206BORTON PETRINI LLP1461 Ford Street Suite 201

k PSUPEvCCT

COUNTY Oi tiidcsaDidUSAN BEIp tN

SEP 1 2013

Redlands CA 92373 BY1 Y yTelephone 909 3810527 OFtiAMr

Facsimile 9093810658 Hearing SetforEmail dferguson@bortonpetrinicom

jrichardson@bortonpetrinicom Date

Attorneys for Plaintiff TimeChrstine Smith

Dept

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO Cp IG1C

CHRISTINE SMITH an individual11

12

13

14

15

Plaintiff

i

CITY OF REDLANDS and DOES 125 Inclusive

Defendants

16

17

18

19

20

21

22

Case Notl E Yeb Y t W

COMPLAINT FOR

14 VIOLATIONS OF THE CALIFORNIAFAIR EMPLOYMENT AND HOUSING ACTGOVERNMENT CODE 12940 et seq56 RETALIATION UNDER FAMILY ANDMEDICAL LEAVE ACT FMLA7 DISABILITY DISCRIMINATIONFAILURE TO MAKE REASONABLEACCOMMODATION AND8 WRONGFUL TERMINATION INVIOLATION OF CALIFORNIA FAIREMPLOYMENT AND HOUSING ACT

GENERAL ALLEGATIONS

1 PLAINTIFF Christine Smith PLAINTIFF or SMITH is an individual and

II is now and at all times mentioned in this complaint a resident of the County of San Bernardino State of23

24

25

26

II California

2 At all times herein mentioned Defendant CITY OF REDLANDS

II DEFENDANT or REDLANDS was a political subdivision of the State of California created andexisting under and by virtue of the laws of the State ofCalifornia

27

281

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

h059758068

058pleadingscomplaint2doX

3 1t all times mentioned Alfredo Cardenas aka Fred Cardenas CARDENAS

was an employee with the City of REDLANDS

4 PLAINTIFF is ignorant of the true names and capacities of DEFENDANTS sued

I herein as DOES 1 through 25 inclusive and therefore sues these DEFENDANTS by such fictitious I

names SMITH will amend this Complaint to allege their true names and capacities when ascertained

5 SMITH is informed and believes and based thereon alleges that each of the I

fictitiously named Defendants are responsible in some manner for the occurrences herein alleged andthat PLAINTIFFSdamages as herein alleged were proximately caused by such Defendants Unless

specifically stated otherwise the term DEFENDANTS as used herein refers to DEFENDANTS

REDLANDS and DOES 125 inclusive

6 SMITH is informed and believes and based thereon alleges that at all times herein I

mentioned each of the DEFENDANTS was the agent joint venturer statutory partner andor

representative of each of the remaining DEFENDANTS and in doing the things alleged below was

acting within the scope of such agency andor employment SMITH is informed and believes and

thereon alleges that each of the named DEFENDANTS and all DOES sued herein under fictitious namesI

are jointly or severally liable to SMITH for her damages alleged herein I

BASIS OF COMPLAINT AND RELIEF REQUESTED

7 PLAINTIFF brings the complaint herein as further described below for the I

following reasons after being constantly commended as an exemplary employee and being publicly I

lauded for her dedication organizational skills and superior work product by REDLANDS in general

and in particular by REDLANDS employee CARDENAS PLAINTIFF found herself discriminated and

retaliated against by REDLANDS in her work in the Quality of Life Department QOLD primarily

through CARDENAS acting in the course and scope of his employment with REDLANDS when

SMITH took time off under the Family and Medical Leave Act FMLA for her medical condition

following a major automobile accident Said retaliation and discrimination commenced upon SMITHs

return from FMLA leave on or about October 15 2012 and continued for months ultimately forcing

SMITH to go out on stress leave on or about November 9 2012 and again on or about June 7 2013

2

COMPLAINT

C

Said retaliation and discrimination included the following

a A demotion from herjob as Fleet Services Administrative Coordinator on the first day of

1

11

1

13

14

15

16

17

18

19

2C

21

22

23

24

25

2E

27

II her return from FMLA leave based on SMITHsmedical condition and not based upon her I

performance

Bullying and intimidation while SMITH tried to carry out her legitimate work functions

Exclusion and isolation of SMITH from the work activity of QOLD at REDLANDS for

which she worked and singling SMITH out in a negative manner including being moved into an office

in the back of the QOLD separate from the rest of the administrative and management staff and without

the instrumentalities needed to complete her work

d A lack of work assignments going to SMITH including sometimes going days without

work while other midlevel managers had an abundance of work assignments

e Delivering to SMITH on or about February 27 2013 a negative overdue work

evaluation completed by CARDENAS for the period of May 15 2011 through May 14 2012 even

though this period encompassed the time for which SMITH was recommended for City of REDLANDS

Employee of the Year by CARDENAS and won that award

f

employees

g

Giving SMITH meaningless tasks andor tasks that would otherwise go to lower level

Giving SMITH unclear and ambiguous instructions while discouraging her from asking

questions about assignments by instructing her not to ask questions until assignments were substantially

complete and by responding negatively to SMITHsdesire for clarification stating that as a Senior

Administrative Analyst she should not need to be micromanaged and that CARDENAS instructions

were clear enough and

h SMITHsconstructive termination due to failure to accommodate her medical condition

physical disability andormental disability

8 Discrimination and retaliation also continued after and were caused by SMITH

filing a claim under the California Fair Housing and Employment Act FEHA on October 24 2012 a I

November 12 2012 letter alleging violation of the CitysViolence in the Workplace Policy submitted

h059758068

O58pleadings 3complaintZdo COMPLAINT

1

2

3

4

5

6

7

8

on SMITHs behalf the grievance filed on October 17 2012 about the demotion a complaint by I

SMITH to her union representative on or about April 3 2013 andor her grievance filed on May 6

I 2013

9 These discriminatory practices as well as those described in the Generall

Allegations below created among other things a hostile work environment in which individuals I

I including those that took FMLA leave for medical reasons were subjected to disadvantageous terms I

conditions andor privileges of employment based not on the content of their character and I

performance but on their medical conditions among other things This hostile working environment I9

10

11

12

13

14

adversely affected other employees working at REDLANDS This hostile work environment ultimately I

resulted in the foregoing actions against SMITH herein described including but not limited to her

demotion from her position as Fleet Services Administrative Coordinator

10 SMITH filed a grievance for the demotion on or about October 17 2012 but was

told in response by the REDLANDS City Manager that SMITH did not have the right to file a grievance

for the demotion per Personnel Rule IIICwhich states that a promotional probationary employee

may be rejected at any time by the appointing authority without cause and without right of appeal or

grievance or hearing Among other things the letter stated that SMITH was promoted to a position

that she was not prepared for a position that required her to be a selfstarter She did not have the

benefit of a transition or training period The City Manager admitted that there was no training for I

SMITH but implied that SMITH was not a selfstarter or competent for her position but SMITHswork

15

16

17

18

19

20

21

22

23

24

2526

27

h059758068

058pleadingscomplainl2dox

product organizational skills and even previous recognition by CARDENAS to that point directly refute

that SMITH was not a selfstarter or competent for the position

11 Since SMITH was placed on WorkersCompensationrelatedleave REDLANDS

has been informed through the treating physician the state qualified medical examiner andor the

Workers Compensation Adjuster that SMITH would need to be placed in a department separate from

the QOLD in order for her to return to work Specifically SMITHsmedical records document that she

has suffered significant harm including humiliation emotional distress and mental and physical pain

and anguish because of CARDENAS and therefore would not be able to be in a job where she would

COMPLAINT

have contact with CARDENAS There have been such jobs available which would provide reasonable

accommodations to SMITH Because of REDLANDS failure to accommodate the transfer which

SMITHsdoctors have confirmed is necessary SMITH has applied for a position confirmed available

that would represent a reasonable accommodation and which would allow her to return to work in a

department other than QOLD To this point REDLANDS has failed to provide an accommodation for

SMITH that would allow her return to employment with REDLANDS which constitutes disability

discrimination by REDLANDS against SMITH

12 SMITHstermination or constructive termination is wrongful because it is in

1C

1

12

1

14

1

lE

li

lf

1S

2C

21

22

23

24

2

2E

2i

retaliation for SMITHstaking of FMLA leave her FEHA claim filed on October 24 2012 her


on SMITHsbehalf the grievance filed on October 17 2012 a complaint by SMITH to her union

representative on or about April 3 2013 andorher grievance filed on May 6 2013 Furthermore other

workers at REDLANDS that were not in the protected classes above ie without a medical condition

physical disability andormental disability were kept in their positions andorthe positionsSMITH

sought that would accommodate her have been filled by an individual or individuals that were without a

medical condition physical disability andormental disability making them a member of the protected

class

13 Based on the foregoing SMITH requests among other things general and special

damages attorneysfees and costs of suit and a temporary restraining order preliminary injunction and

a permanent injunction enjoining REDLANDS from engaging in the conduct described above

FACTS COMMON TO ALL CAUSES OF ACTION

14 PLAINTIFF SMITH was hired by REDLANDS on or about November 15 2006

as an Admin Assistant II In or about 2008 the Department of Public Works wherein SMITH worked

became part of the newly organized Quality of Life Department The QOLD oversaw 13 divisions and

SMITH served as administrative assistant to these divisions SMITH excelled in her duties receivingpositive evaluations every year they were given between 2006 and 2010 See attached EXHIBIT A

attached hereto and made a part hereof

gh059758068

058pleadings 5complaint2do

COMPLAINT

i

15 In or about April 2011 CARDENAS started wark as the director of QOLD

SMITH is informed and believes and based thereon alleges that QOLD included some 100 employees

whom CARDENAS would oversee as director Immediately CARDENAS initiated a major shakeup

of QOLD which included the promotion of some employees and the termination of others On or about

July 1 2011 SMITH was reclassified to the position of Sr Administrative Analyst

16 CARDENAS and SMITH initially had a good working relationship

1C

11

12

13

14

1

lE

li

1

lc

2C

21

22

23

24

2

2E

2

Fh059758068


CARDENAS appreciated SMITHswork ethic and organizational skills and often CARDENAS would

direct people with questions about the work to SMITH Further CARDENAS would use SMITHs

work as an example to others of the work product that he preferred and desired from others in QOLD

In or about November 2011 CARDENAS nominated SMITH for Employee of the Year for the City of

REDLANDS an award she ultimately won See Exhibit B attached hereto and made a part hereof

CARDENAS publicly lauded her stating that he could not have done his job without SMITH and that

SMITH washis right arm I17 On or about April 2 2012 the Waste Management Superintendent for

REDLANDS resigned At the time of his resignation he was runnirig the Fleet Division On or about

April 3 2012 CARDENAS told SMITH she was being reassigned to the Fleet Division as Interim Fleet

Coordinator until the position was filled SMITH expressed her reservations about the job because this

was not her area of experience and because she did not see her career going in this particular direction

CARDENAS stated that the assignment was not optional and she would be moving to this department

effective immediately On or about April 4 2012 SMITH started working as the Interim Fleet

I Coordinator

18 Immediately after making SMITH Interim Fleet Coordinator CARDENAS

informed SMITH that he wanted her to apply for the permanent position of Fleet Coordinator SMITH

expressed reservations because this was not the area of her experience among other things In or about

I May 2012 REDLANDS advertised the position of Fleet Services Coordinator for applications SMITH

did not apply CARDENAS rejected all of the other applicants

19 Following his rejection of all of the applicants for the Fleet Services Coordinator

G

COMPLAINT

II and stated that she did not have the Class B license she would need to apply Further after nearly six

position CARDENAS informed SMITH that he wanted her to apply for the position during the time it

was open for application Among other things SMITH reiterated her reticence to apply for the position

1C

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

7h059758068


II Years of working for REDLANDS SMITH was uncomfortable with going to a probationary status on a

job she did not see herself keeping permanently CARDENAS stated that he would revise the job

description to match SMITHs skill set After this conversation the job was retitled Fleet Services

Administrative Coordinator and issued a new job description Once SMITH again stated that she did not

II have a Class B DriversLicense in response CARDENAS changed the job description further to give

applicants 12 months to get a Class B DriversLicense if they did not already possess one

20 On or about June 11 2012 the Fleet Services Administrative Coordinator

position was advertised for application SMITH was out of state on vacation and was contacted that day

by representatives of REDLANDS and asked if she needed more time to apply for the position which

was scheduled to close while SMITH was out of town By this time a representative of the Human

Resources Department at REDLANDS had informed SMITH that SMITHsprevious position of Sr

Administrative Analyst could be eliminated Therefore if SMITH did not apply for the new position

she could be demoted into a lower position Worried that she would otherwise be demoted out of her

previous position if she did not apply SMITH ultimately did apply for the position On or about July 9

2012 SMITH was promoted to the Fleet Services Administrative Coordinator position

21 While working as the Fleet Services Administrative Coordinator SMITH

II performed her duties capably and competently Among other things she did the following

Sought meetings with comparable professionals to understand her

job responsibilities

Prepared a full fleet analysis

Completed fleet reduction

Prepared Solid Waste Vehicle Analysis

Prepared Request for Bids RFB for Solid Waste Front Loader

Vehicles and

COMPLAINT

1

2

3

4

5

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

gh059758068

058pleadingscomplaint2doox

22

Began the process of soliciting requests for quotes for a variety of

services and commodities

On or about August 13 2012 SMITH was involved in an automobile accident

where she suffered serious injuries Because of the incident SMITH requested time off work under the

federal Family and Medical Leave Act FMLA SMITH was away on FMLA leave for 9 weeks until

on or about October 15 2012

23 SMITH is informed and believes and based thereon alleges that while she was

away on FMLA leave CARDENAS assigned several employees to gather information on SMITH to

facilitate his plans to terminate SMITH upon her return Among other things she was informed of the

following

CARDENAS told SMITHscolleagues that he would put her in a

living hell once she returned from FMLA leave

CARDENAS informed REDLANDS employees to search her

office for documentation that would demonstrate that she was

making mistakes

CARDENAS confirmed that the goal was to hang SMITH and

to get her pushed out of her position

SMITH is informed and believes and based thereon alleges that CARDENAS also told

coordinators of other departments in similar positions to SMITH to let the fleet services area fail and

let SMITH deal with it when she comes back which is contrary to the stated objective of coordinators

to help each other succeed This resulted in invoices not being processed or picked up and the Fleet

Services Department ground to a halt which was intended to put SMITH in a negative light

RETURN FROM FMLA LEAVE

24 In or about October 15 2012 SMITH returned from FMLA leave On that day

25 CARDENAS started by telling SMITH that someone else was doing projects in the Fleet Department

26 and that those things were not to be disturbed CARDENAS added that he SMITH and another

27 person in the QOLD would need to have a meeting later in the day once that person returned due to the

8

COMPLAINT

need to discuss some issues Based on her expectation that this meeting would potentially feature

CARDENAS bullying andorharassing SMITH particularly based on the information SMITH received

I while away on FMLA leave SMITH contacted her union representative who agreed to be present25 At the meeting later that afternoon CARDENAS informed SMITH that she

1C

11

12

13

14

1

lE

17

18

1

2C

21

22

23

24

25

2E

2

h059758068

O58pleadingscomplaint2doX

would not be passing her probation for the Fleet Services Administrative Coordinator position and that

she was being terminated CARDENAS stated that he had found many errors in SMITHs absence

but failed and refused to be specific as to the errors Additionally CARDENAS told them that SMITHs

pending evaluation for her work at the Senior Administrative Analysis position for the period of May

2011May2012 would be poor SMITHsunion representative stated she could not be terminated upon

returning from FMLA leave By the end of the meeting CARDENAS position went from telling

SMITH she was terminated to telling her that she was being demoted to her previous job of Senior

Administrative Analyst On or about October 17 2012 SMITH filed a grievance based on the demotion

by CARDENAS as a violation under FMLA See grievance attached as Exhibit Cand made a part

hereof

26 In the interim SMITH suffered further undue stress by being penalized for asking

questions about her assignments See attached email exchanges from October 23 2012 and October 31

2012 collectively attached as Exhibit Dand made a part hereof

27 On or about October 24 2012 SMITH filed a claim under the California

II California Fair Employment and Housing Act FEHA for illegal discrimination and retaliation basedon her demotion See Exhibit E attached hereto and made a part hereof

28 On or about October 29 2012 an issue was raised as to an invoice CARDENAS

claimed that SMITH had failed to submit SMITH could not answer the questions asked without the

Purchase Requisition books that were normally in her possession When SMITH inquired about the

books a colleague informed her that CARDENAS had been given her book a week prior When SMITH

asked CARDENAS he confirmed that he had received the books she needed to be responsive to this

urgent request for information and when SMITH asked for the book in order to respond to the October

29 2012 email CARDENAS refused See ExhibitFattached hereto

E

COMPLAINT

J

29 On or about November 1 2012 SMITH met with a Human Resources

Department representative and with a labor attorney for REDLANDS At that meeting the attorney

stated that he expected information from CARDENAS as to why the demotion of SMITH was proper

but had not received it and expressed surprise the demotion occurred at all The attorney further asked

SMITH if she would voluntarily take a demotion to her previous job which she refused to do

30 On or about November 7 2012 SMITH received a request to meet with

1C

11

12

13

14

15

lE

17

18

1S

2C

21

22

23

24

25

2E

2i

h059758068

O58pleadingscomplairit2doX

CARDENAS pertaining to reasons for her demotion A Human Resources representative attended the

meeting At the meeting CARDENAS stated that there were issues with staff reports that SMITH

worked on specifically CARDENAS stated that SMITH had not submitted a purchase order SMITH

stated that this was not true presented it to him a copy with his signature and assured him she

submitted it properly Agitated because he was being respectfully challenged on his facts CARDENAS

became abusive among other things he pointed at SMITH within inches from her face stood up from

the conference table in his office pushed his chair hard enough that it banged against the wall behind

him and while moving to his desk shoved the chair that SMITH sat in and then shoved SMITHschair

again when returning to the conference table Ultimately in tears shaken and frightened SMITH

excused herself from the meeting

31 Due to her physical condition SMITH went off work on November 8 2012 and

filed papers for Workers Compensation on November 9 2012 On or about November 12 2012

SMITHsunion representative sent a letter alleging a violation of the CitysViolence in the Workplace

Policy and Retaliation for Conduct protected by Govt Code Section 3500 See Exhibit G attached

hereto and made a part hereof On or about December 13 2012 REDLANDS City Manager N

Enrique Martinez sent a letter in response stating that there was no such violation In the letter Martinez

stated that I do not believe CARDENAS violated the above policy He did not make verbal threats of

physical violence and there were insufficient indicia that physical retaliation may occur See Exhibit

Hattached hereto and made a part hereof

32 On January 8 2013 CARDENAS issued official notice to SMITH of her

demotion to Senior Administrative Analyst See Exhibit I attached hereto and made a part hereof

1

COMPLAINT

33 On January 11 2013 City Manager N Enrique Martinez wrote a letter in I

10

11

12

13

14

15

16

17

18

19

2a

21

22

23

24

25

26

27

gh059758068

058pleadingscomplaint2dox

response to SMITHsgrievance related to the demotion The City Manager stated that SMITH did not

have the right to file a grievance as to the demotion Among other things the letter stated that I

SMITH was promoted to aposition that she was not prepared for a position that required her to be aselfstarter She did not have the benefit of a transition or training period In short her odds of success

were very slim from the start See Exhibit Jattached hereto and made a part hereof The letter cited

Personnel Rule IIICwhich states that a promotional probationary employee may be rejected at any

time by the appointing authority without cause and without right of appeal or grievance or hearing

The letter directed CARDENAS to provide SMITH with a past due performance evaluation covering the

periods of May 2011 to May 2012 which includes the same period of work for which she was

nominated as Employee of the Year by CARDENAS The letter further directed CARDENAS not to

engage in any retaliatory actions upon SMITHsreturn to her former position of Senior Administrative

Analyst

34 On or about February 11 2013 SMITH returned from her Workers

Compensation related leave She was immediately placed in an empty office with a desk phone no

computer and a broken chair SMITHSprevious chair had been purchased specially for her to fit her

back which is prone to discomfort with certain types of chairs but said chair purchased for her was gone

upon her return She was given no assignments that day On or about February 12 2013 SMITH

attended a return to work meeting with CARDENAS and Human Resource Department representatives

wherein the following was stated

SMITH was to report directly to CARDENAS

If SMITH required information to be obtained from the field she

was to go to the Senior Project Managersoffice to place requests

for information and not directly to field personnel

SMITH was given a memorandum outlining her performance

expectations and was to complete all assignments in accordance

with these performance expectations taking into account use of

11

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

25

26

27

gh059758068

OS8pleadingscomplaint2dox

the appropriate analytical methods including System Analysis

Program Evaluation Research Methods and

QuantitativeQualitativeAnalysis to complete assignments

SMITH was informed that the work quality expectations had been

elevated due to the new staff that had been hired in QOLD and it

was important that she meet this new level of expectation set by

hercoworkers and

SMITH was not to ask questions but was to bring work that had

been completed up to 9095 for review and further direction

would be given to her at that time

35 At this point SMITH still had no assignments to complete and informed

CARDENAS of the same CARDENAS did not give SMITH assignments for several days

36 From the time of SMITHSreturn to work on or about February 12 2013

CARDENAS pattern of bullying and retaliatory conduct toward SMITH continued including the

following

CARDENAS excluded SMITH from the work activity of QOLD

and singled SMITH out in a negative manner Among other

things SMITH was moved into an office in the back of the QOLD

separate from the rest of the administrative and management staff

There SMITH shared an office with other employees who

CARDENAS retaliated against and removed from their previous

work stations No other midmanagement or management

employees in QOLD were required to share an office with other

staff

CARDENAS was responsible for a lack of work assignments

going so SMITH SMITH sometimes went days without work

while other midlevel managers had an abundance of work

a

COMPLAINT

assignments Additionally SMITH was placed in a space without

the instrumentalities including a computer needed to complete

her work

1C

11

12

13

14

1

lE

li

1F

1S

2C

21

22

23

24

2

2E

2

Fh059758068


As further described below CARDENAS gave SMITH a negative

overdue work evaluation for the period of May 15 2011 through

May 14 2012 even though this period encompassed the time for

which SMITH was recommended for City of REDLANDS

Employee of the Year by CARDENAS Said evaluation was given

to SMITH only after she requested it and City Manager Enrique

Martinez stated in his letter dated January 11 2013 rejecting

SMITHS promotional probationary rejection grievance that

CARDENAS was required to complete said overdue evaluation

CARDENAS gave SMITH meaningless tasks and tasks that

would otherwise go to lower level employees As an example

CARDENAS requested that SMITH prepare a Police Department

PD Take Home Vehicle Analysis SMITH routed the item

through Tim Sullivan from the Fleet Department Mr Sullivan

responded by stating the information was good but that it was not

an assignment that he had requested As a further example

SMITH was asked to prepare a City Comparison spreadsheet

comparing other cities to REDLANDS Because this assignment

included phone calls and emails to cities requesting specific

numbers and dollar amounts this would normally be an

assignment that would go to office staff as opposed to a Senior

Administrative Analyst SMITHsposition

CARDENAS gave SMITH unclear and ambiguous instructions

while instructing her not to ask questions until assignments were

13

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

ghOS9758068


jk

substantially complete and negatively regarding SMITHsdesire

for clarification stating that as a Senior Administrative Analyst she

should not need to be micromanaged and that his instructions

were clear enough

37 On or about February 27 2013 CARDENAS issued his overdue employee

performance evaluation of SMITH for the period of May 15 2011 through May 14 2012 See Exhibit

K attached hereto and made a part hereof In that evaluation CARDENAS stated several areas where

improvement was purportedly needed Among other things CARDENAS stated that

SMITH must improve her listening skills by taking more notes

and asking more questions Her staff reports require more research

and structure

SMITH is more successful when she works on group

assignments and are written and structured

SMITH must engage in more data research related to her

assignments and put more quality time into her assignments She

must ask more questions in order to focus on what information she

needs to improve her work product

SMITH must improve her leadership skills to be more in

conformance with departmental goals and objectives

Her average performance rating was 295 out of 50 which is in the Needs

Improvement category

38 The employee evaluation of SMITH by CARDENAS was inaccurate and

completely false In fact SMITH met almost daily with CARDENAS from the time of his hiring in

April 2011 until her automobile accident in August 2012 which included the entire period covered by

the evaluation In fact CARDENAS was aware of the tasks SMITH was completing and SMITH did so

with his guidance support and his commendation for her quality work product organization and

problem solving skills CARDENAS often demonstrated SIVIITHscompleted work product to other

14

COMPLAINT

I employees in QOLD as examples of the work product desired by CARDENAS Furthermore despiteI the Personnel Rules and Regulations which stated that each performance evaluation shall be

discussed with the employee CARDENAS never discussed this evaluation with SMITH

39 On or about April 3 2013 SMITH wrote a complaint to her union representative

about the retaliation bullying and discrimination she continued to suffer See Exhibit L attached

hereto and made a part hereof On or about May 6 2013 SMITH filed a grievance for Harassing and

Discriminatory conduct Violation of Bullying Policy and Retaliation for Conduct Protected under

Govt Code Section 3500 See Exhibit M attached hereto and made a part hereof

40 On June 7 2013 SMITH again went off work due to the continued retaliatory

1C

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

gh059758068


I conduct bullying harassment and creation ofa hostile work environment by CARDENAS which began

upon her return from FMLA leave on or about October 15 2012 and the physical illness great anxiety

II and emotional distress it caused SMITH

41 On or about September 6 2013 SMITH received a right to sue letter from the

California state Department of Fair Employment and Housing See Exhibit N attached hereto and

made a part hereof

FIRST CAUSE OF ACTION

Against DEFENDANTS REDLANDS and DOES 125 Inclusive

Wrongful DemotionDiscrimination in Violation of Government Code Section 12940 Subsection a42 PLAINTIFF SMITH realleges Paragraphs 1 through 41 of the Complaint above I

and incorporates them herein by this reference as if fully set forth hereinafter

43 PLAINTIFF was employed by DEFENDANTS and each of them during the

times and in the positions which are described with more particularity above At all times herein

mentioned PLAINTIFF was performing competently in her position with REDLANDS as an Admin

Assistant II Senior Administrative Analyst Interim Fleet Supervisor and Fleet Services Administrative

Coordinator

44 While SMITH worked for DEFENDANTS and each of them as more fully I

I described above in the General Allegations SMITH was subjected to discrimination andor

IS

COMPLAINT I

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

gh059758068


discriminatory and retaliatory policies practices and procedures based upon her medical condition and

taking FMLA leave The discriminatory practices included but were not limited to

a A demotion based on PLAINTIFFsmedical condition and not

based upon her performance as more fully described above

b A refusal to train SMITH for the job that she was promoted to

leaving her to her own devices to seek the knowledge to do her job

competently but also subjecting her to criticism and a disregard of her

efforts when SMITH did so

c Bullying and intimidation while SMITH tried to carry out her

legitimate work functions

d Exclusion and isolation of SMITH from the work activity of

QOLD and singling SMITH out in a negative manner including being

moved into an office in the back of the QOLD separate from the rest of the

administrative and management staff and without the instrumentalities

including a computer needed to complete her work

e A lack ofwork assignments going to SMITH including sometimes

going days without work while other midlevel managers had an

abundance ofwork assignments

f Delivering to SMITH from CARDENAS a negative overdue

work evaluation for the period of May 15 2011 through May 14 2012

even though this period encompassed the time for which SMITH was

recommended for City of REDLANDS Employee of the Year by

CARDENAS an award SMITH ultimately won

g Giving SMITH meaningless tasks andor tasks that would

otherwise go to lower level employees and

h Giving SMITH unclear and ambiguous instructions while

discouraging her from asking questions about assignments by instructing

16

COMPLAINT

her not to ask questions until assignments were substantially complete

and responding negatively to SMITHSdesire for clarification stating that

as a Senior Administrative Analyst she should not need to be micro

managed and that his instructions were clear enough I45 These discriminatory practices as well as those described in the General

1C

11

12

13

14

15

lE

17

18

1S

2C

21

22

2

24

2

2E

2

Allegations above created a hostile work environment in which individuals including those that took

FMLA leave for medical reasons were subjected to disadvantageous terms conditions andorprivileges

of employment based not on the content of their character or work performance but on their medical

conditions and taking FMLA leave This hostile working environment adversely affected other

employees working at REDLANDS This hostile work environment ultimately resulted in the actions

against SMITH described above as well as her demotion from her position as Fleet Services

Administrative Coordinator

46 Government Code sections 12940aand 12940c part of the Fair Employment

and HousingActFEHA embody fundamental substantial and wellestablished public policies of the

State of California By engaging in the discriminatory activities and by maintaining the discriminatory

policies practices and procedures more fully described above and more specifically by demoting

failing to properly train berating isolating and retaliating against SMITH as set forth above the

DEFENDANTS violated the fundamental substantial and wellestablished public policies embodied

II therein

47 PLAINTIFF is informed and believes and based thereon alleges that in addition to

the practices enumerated above DEFENDANTS and each of them have engaged in other practices in

violation of the FEHA including Government Code section 12940 which are not yet fully known At

such time as said practices become known PLAINTIFF will seek leave of Court to amend this

Complaint in that regard Furthermore SMITH alleges that like or related acts inviolation of FEHA

have occurred after the filing of the DFEH claim on or about October 24 2012 which are encompassed

in the allegations of this complaint Okoli v Lockheed Technical Operations Co 1995 36

Ca1App4th1607 16141615

h059758068

058pleadings 17complaint2do CMPLAINIcx

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

231

24

25

26

27

Rh059758068


48 SMITH is informed and believes and thereon alleges that between October 2012

and the present DEFENDANTS and each of them knowingly and willfully conspired and agreed

among them to cause SMITH to be demoted because of her medical condition physical disability andor

mental disability and due to her taking FMLA leave and to deprive SMITH of the benefits and

privileges of her employrnent as described herein In so doing DEFENDANTS and each of them

violated the fundamental substantial and wellestablished public policies embodied in Government

Code section 12940iby aiding abetting inciting compelling or coercing the doing of any of the acts

forbidden under Government Code section 12940 subsections a and c or by attempting to do so

49 As a direct and proximate result of REDLANDS willful knowing and

intentional violations of the Fair Employment and Housing Act FEHA by discriminating against

SMITH based on medical condition and her taking FMLA leave and by using discrimination as a

wrongful basis for demotion and for failure to train and by their failure to take all reasonable stepsI

necessary to prevent discrimination as herein below alleged SMITH was demoted and was damaged

thereby in a sum according to proof with interest thereon at the legal rate allowed

50 As a further direct and proximate result of DEFENDANTS and each of their I

willful knowing and wrongful demotion and failure to take all reasonable steps necessary to prevent

discrimination as herein described SMITH has suffered and will continue to suffer pain extreme and

severe mental anguish and emotional distress SMITH has incurred and will continue to incur medical

I expenses for treatment by psychotherapists and other health professionals as well as far other incidental

expenses SMITH has suffered and will continue to suffer loss of earnings and other employment

benefits and job opportunities SMITH is thereby entitled to general and compensatory damages in

amounts according to proof

51 As a further direct and proximate result of DEFENDANTS and each of their

violations of Government Code section 12940 subsections a and c as more fully described herein

SMITH has been compelled to retain the services of legal counsel in an effort to enforce the terms andIconditions of the employrnent relationship and has thereby incurred and will continue to incur legal

fees and costs the full nature and extent of which are presently unknown to SMITH who therefore will

Ig

COMPLAINT

seek leave of Court to amend this Complaint in that regard when the same shall become known to her

1C

11

12

1

14

1

lE

li

1F

15

2

2l

2

2

2q

2

2E

2

SMITH requests that attorney and expert witness fees be awarded pursuant to Government Code section

II 12965

SECOND CAUSE OF ACTION


Wrongful Harassment in Violation of Government Code Section 12940 Subsection a and j

52 PLAINTIFF SMITH realleges Paragraphs 1 through 51 of the Complaint above

and incorporates them herein by this reference as iffully set forth hereinafter

53 While working for REDLANDS as more fully described above in the General

Allegations SMITH was subjected to unlawful harassment based on her medical condition physical

disability andormental disability starting upon her return from FMLA leave on or about October 15

2012 The harassing conduct was committed by CARDENAS and was ratified approved or otherwise

adopted by the DEFENDANT REDLANDS The harassment included but was not limited to

a A demotion based on PLAINTIFFsmedical condition and based

upon PLAINTIFF taking FMLA leave and not based upon her

performance as more fully described above

b A refusal to train SMITH for the job that she was promoted to

leaving her to her own devices to seek the knowledge to do her job

competently but also subjecting her to criticism and a disregard of her

efforts when SMITH did so

c Bullying and intimidation while SMITH tried to carry out her


d Exclusion and isolation of SMITH from the work activity of




including a computer needed to complete her work

gh059758068

058pleadings 19complainl2doX

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

gios9ssoba


e A lack ofwork assignments going to SMITH including sometimes


abundance of work assignments

Delivering to SMITH from CARDENAS a negative overdue




CARDENAS

g Giving SMITH meaningless tasks andor tasks that would

otherwise go to lower level employees

h Giving SMITH unclear and ambiguous instructions making work

assignments virtually impossible to adequately complete while



and negatively responding to SMITHsdesire for clarification stating that

as a Senior Administrative Analyst she should not need to be micro

managed and that his instructions were clear enough and

i Taking work materials away from SMITH that would allow her to

be responsive to inquiries made pertaining to the functions of herjob or to

clear up an issue related to the work and then accusing her of being non

responsive or elusive and penalizing her for not being able to answer the

inquiries based on the information not being available

54 These discriminatory practices as well as those described in the General

Allegations above created a hostile work environment in which individuals that took FMLA leave for

medical reasons were subjected to disadvantageous terms conditions andorprivileges of employment

based not on the content of their character but on their medical conditions physical disabilities andor

mental disabilities This hostile working environment adversely affected other persons working at

20

COMPLAINT

1

I

31

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

23

24

25

26

27

h059758068


REDLANDS This hostile wark environment ultimately resulted in the actions against SMITH described

above as well as her demotion from her position as Fleet Services Administrative Coordinator

55 Government Code Section 12940aembodies fundamental substantial and well

established public policies of the State of California By engaging in the discriminatory activities and by

maintaining the discriminatory policies practices and procedures more fully described above and more

specifically by demoting failing to properly train berating isolating and retaliating against SMITH as

set forth above the DEFENDANTS violated the fundamental substantial and wellestablished public

policies embodied therein

56 Government Code section 12940jpart of FEHA embodies fundamental

substantial and wellestablished public policies of the State of California By engaging in the harassing

conduct hereinabove described and by maintaining policies practices and procedures which promote

and do not punish harassment as more fully described above DEFENDANTS and each of them

violated Government Code section 12940jand the fundamental substantial and wellestablished

public policies embodied therein

57 SMITH is informed and believes and based thereon alleges that between October

2012 and the present DEFENDANTS and each of them knowingly and willfully conspired and agreed

among themselves to cause SMITH to be harassed because of her medical condition physical disability

andor mental disability and for taking FMLA leave and to deprive SMITH of the benefits and

privileges of her employment as described herein In so doing DEFENDANTS violated the

fundamental substantial and wellestablished public policies embodied in Government Code section

12940iby aiding abetting inciting compelling or coercing the doing of any of the acts forbidden

under Government Code section 12940 subsections a and jor by attempting to do so

58 SMITH is informed and believes and based thereon alleges that in addition to the

practices enumerated above DEFENDANTS and each of them have engaged in other practices in

violation of FEHA including Government Code section 12940 which are not yet fully known At such

time as said practices become known SMITH will seek leave of Court to amend this Complaint in that

regard Furthermore SMITH alleges that like or related acts in violation of FEHA have occurred after

21

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

121

13

14

15

16

17

18

19

20

21

22

23

24

252627

Rh059758068


U

the filing of the DFEH claim on or about October 24 2012 which are encompassed in the allegations of

this complaint Okoli v Lockheed Technical Operations Co 1995 36 Ca1App4th 1607 16141615

59 As a direct arid proximate result of DEFENDANTS willful knowing and

intentional harassment of SMITH based on medical condition and based upon taking FMLA leave and

by using discrimination as a wrongful basis for demotion and for failure to train and by their failure to

take all reasonable steps necessary to prevent discrimination SMITH was demoted and was damaged

thereby in a sum according to proof with interest thereon at the legal rate allowed





expenses for treatment by therapists and other health professionals as well as for other incidental





violations of Government Code section 12940 subsections a and i as more fully described herein

SMITH has been compelled to retain the services of legal counsel in an effort to enforce the terms and

conditions of the employment relationship and has thereby incurred and will continue to incur legal



PLAINTIFF requests that attorney and expert witness fees be awarded pursuant to Government Code

section 12965

THIRD CAUSE OF ACTION


Wrongful Retaliation in Violation of Government Code Section 12940h

62 PLAINTIFF SMITH realleges Paragraphs 1 through 61 of the Complaint above

22

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

gh059758068058pleadingscomplaint2doX

and incorporates them herein by this reference as if fully set forth hereinafter

63 While working for the DEFENDANT REDLANDS and each of them as more

fully described above in the General Allegations the policies and procedures implemented by

DEFENDANTS created a custom and practice of discrimination and retaliation within REDLANDS in

general and QOLD in particular against individuals in QOLD when they reported discrimination Iharassment or other types ofmisconduct among other things The retaliatory practices included but

I

were not limited to the following

a A lack of work assignments going to SMITH including sometimes


abundance of work assignments and giving assignments to other QOLD

workers that would otherwise have gone to SMITH

b Delivering to SMITH from CARDENAS a negative overdue




CARDENAS

c SMITHs demotion based on SMITHs medical condition and

taking FMLA leave and not based upon her performance as more fully

described above

d Bullying and intimidation while SMITH tried to carry out her


e Exclusion and isolation of SMITH from the work activity of




including a computer needed to complete her work and

f Giving SMITH unclear and ambiguous instructions while

23

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

h059758068




and negatively regarding SMITHSdesire for clarification stating that as

a Senior Administrative Analyst she should not need to bemicromanaged

and that his instructions were clear enough

64 Government Code section 12940h part of FEHA embodies fundamental

substantial and wellestablished public policies of the State of California By retaliating against QOLD

workers when they reported discrimination harassment or other types of misconduct as more fully

described above DEFENDANTS violated Government Code section 12940h and the fundamental

substantial and wellestablished public policies embodied therein

65 SMITH is informed and believes and thereon alleges that from August 2012 to

the present DEFENDANTS and each of them knowingly and willfully conspired and agreed amongst

themselves to retaliate against SMITH for engaging in protected conduct and to deprive SMITH of the

benefits and privileges of her employment as described herein In so doing DEFENDANTS violated the

fundamental substantial and wellestablished public policies embodied in Government Code section

12940iby aiding abetting inciting compelling or coercing the doing of any of the acts forbidden

under Government Code section 12940 subsections h or by attempting to do so


practices enumerated above DEFENDANTS and each of them have engaged in other practices in





this complaint Okoli v Lockheed Technical Operations Co 1995 36 Ca1App4th1607 1614161567 As a direct and proximate result of DEFENDANTS willful knowing and

I intentional violations of FEHA by retaliating against SMITH because she complained of harassment

andor discrimination and by their failure to take all reasonable steps necessary to prevent

24

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

gh059758068


discrimination as hereinabove alleged SMITH was disciplined and retaliated against and was damaged

thereby in a sum according to proof with interest thereon at the legal rate allowed I

68 As a further direct and proximate result of DEFENDANTS and each of their I

willful knowing and retaliatory acts omissions policies practices and procedures and failure to take

all reasonable steps necessary to prevent retaliation as herein described SMITH has suffered and will

continue to suffer pain extreme and severe mental anguish and emotional distress SMITH has incurred

and will continue to incur medical expenses for treatment by therapists and other health professionals as

well as for other incidental expenses SMITH has suffered and will continue to suffer loss of earnings

and other employment benefits and job opportunities SMITH is thereby entitled to general and

compensatory damages in amounts according to proof


violations of Government Code section 12940 subsection h as more fully described herein SMITH

has beencompelled to retain the services of legal counsel in an effort to enforce the terms and conditions

of the employment relationship and has thereby incurred and will continue to incur legal fees and

costs the full nature and extent of which are presently unknown to SMITH who therefore will seek

leave of Court to amend this Complaint in that regard when the same shall become known to her

PLAINTIFF requests that attorney and expert witness fees be awarded pursuant to Government Code

I section 12965

FOURTH CAUSE OF ACTION


Wrongful Failure to Take Reasonable Steps to Prevent Harassment Discrimination and Retaliation in

Violation of Government Code Section 12940 Subsectionsj1 and k

70 SMITHrealleges Paragraphs 1 through 69 of the Complaint above and

incorporates them herein by this reference as if fully set forth hereinafter

71 While SMITH was working for the DEFENDANT REDLANDS as more fully

described above in the General Allegations DEFENDANTS and each of them failed to take reasonable

steps to prevent harassment discrimination and retaliation from occurring Specifically

PIi7

COMPLAINT

1

2

3

4

6

7

8

9

10

11

12

13

14

151

16

17

18

19

20

21

22

23

24

25

26

27

h059758068


DEFENDANTS and each of them failed to appropriately train its employees in the methods by which

harassment discrimination and retaliation may be prevented Further DEFENDANTS and each of

them failed to properly investigate claims of harassment discrimination and retaliation within the

department and thereafter failed to appropriately discipline its employees who were known to have

committed acts of wrongful harassment discrimination andorretaliation as more fully described above

These employees included CARDENAS

72 Government Code section 12940j1part of FEHA embodies fundamental

substantial andwellestablished public policies of the State of California By failing to take reasonable

steps to prevent harassment from occurring and further by failing to take immediate and appropriate

corrective action DEFENDANTS and each of them violated Government Code section 12940j1

and the fundamental substantial andwellestablished public policies embodied therein

73 Government Code section 12940kembodies fundamental substantial and well

established public policies of the State of California By failing to take reasonable steps to prevent

harassment and discrimination from occurring DEFENDANTS and each of them violated Government

Code section 12940k and the fundamental substantial and wellestablished public policies embodied

therein

74 SMITH is informed and believes and based thereon alleges that between October

2012 and the present DEFENDANTS and each of them knowingly and willfully conspired and agreed

among themselves to cause SMITH to be demoted because of hermedical condition physical disability

andormental disability and because she took FMLA leave and to deprive SMITH of the benefits and

privileges of her employment as described herein In so doing DEFENDANTS and each of them

violated the fundamental substantial and wellestablished public policies embodied in Government

Code section 12940iby aiding abetting inciting compelling or coercing the doing of any of the acts

forbidden under Government Code section 12940 subsectionsj1and kor by attempting to do so


I practices enumerated above DEFENDANTS and each of them have engaged in other practices in


26

COMPLAINT

o




this complaint Okoli v Lockheed Technical Operations Co 1995 36 Ca1App4th1607 1614161576 As a direct and proximate result of DEFENDANTS willful knowing and

1C

11

12

13

14

15

lE

17

18

19

2C

2

2

2

2

2

2E

2

h05975S068

058pleadingscomplainQdoX

intentional violations of FEHA and by their failure to take all reasonable steps necessary to prevent

discrimination as hereinabove alleged SMITH was harassed discriminated against and retaliated

against and was damaged thereby in a sum according to proof with interest thereon at the legal rateallowed





expenses for treatment by therapists and other health professionals as well as for other incidental





violations of Government Code section 12940 subsectionsj1and k as more fully described herein

SMITH has been compelled to retain the services of legal counsel in an effort to enforce the terms and

conditions of the employment relationship and has thereby incurred and will continue to incur legal



SMITH requests that attorney and expert witness fees be awarded pursuant to Government Code section

12965

2

COMPLAINT I

O

11

21

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

gh059758068


FIFTH CAUSE OF ACTION


3 Interference with FMLA Right

4 79 SMITH realleges Paragraphs 1 through 78 of the Complaint above and

5 incorporates them herein by this reference as if fully set forth hereinafter

6 80 DEFENDANTS and each of them violated SMITHsFMLA leave rights in that

7 SMITHstaking of FMLAprotected leave was DEFENDANTS motivating factor in its decision to

8 demote SMITH SMITH was retaliated against for taking FMLA leave and for filing a Workers

9 Compensation claim for work place stress caused by DEFENDANTS harassment of SMITH for

10 exercising her legal rights

11 81 As a proximate result of DEFENDANTS conduct SMITH has suffered and

12 continues to suffer humiliation emotional distress and mental and physical pain and anguish all to her

damage in a sum according to proof

82 SMITH has incurred and continues to incur legal expenses and attorney fees

SMITH is presently unaware of the precise amount of these expenses and fees and prays leave of Court

to amend this Complaint when the amounts are more fully known

SIXTH CAUSE OF ACTION


Discrimination under FMLA

83 SMITH realleges Paragraphs 1 through 82 of the Complaint above and

incorporates them herein by this reference as iffully set forth hereinafter

84 SMITH is informed and believes and based thereon alleges that at the time of her

demotion and constructive termination SMITHsexercise of her rights to take FMLA leave was a

motivating factor used by REDLANDS in acting as it did REDLANDS demotion of SMITH

placement of her in a back office out of contact with everyone else in QOLD the issuance of a negative

false and retaliatory performance evaluation and refusal to properly accommodate SMITH on another

job where she was not subject to harassment from CARDENAS and resulting in her constructive

2g

COMPLAINT

L C

termination were all motivated in part byher exercise of her statutory right to take FMLA leave

85 As a proximate result of DEFENDANT REDLANDS willful knowing and

intentional discrimination against SMITH for taking FMLA leave she has sustained and continues to

sustain substantial losses in earnings and other employment benefits

86 As a proximate result of REDLANDS conduct SMITH has suffered and

continues to suffer humiliation emotional distress and mental and physical pain and anguish all to her

damage in a sum according to proof

87 SMITH has incurred and continues to incur legal expenses and attorney fees

1C

11

12

1

14

1

lE

li

lE

1

2C

21

22

23

24

2

2E

2i

Fh059758068

058pleadingscomplainQdoX

SMITH is presently unaware of the precise amount of these expenses and fees and prays leave of Court

to amend this Complaint when the amounts are more fully known

SEVENTH CAUSE OF ACTION


Disability Discrimination Reasonable Accommodation

88 SMITH realleges Paragraphs 1 through 87 of the Complaint above and I


89 SMITH is informed and believes and based thereon alleges that REDLANDS her

employer failed to reasonably accommodate her medical condition physical disability andor mental

disability which among other things requires her to be in a work environment separate from QOLD

and CARDENAS who through discrimination harassment and bullying has caused and continued to

cause humiliation anxiety depression embarrassment mental and emotional distress and discomfort

90 SMITH is informed and believes and based thereon alleges that REDLANDS her

employer knows of SMITHscondition and has been informed of the necessity of an accommodation

in light of her medical condition physical disability andormental disability With this in mind both the

treating physician and the state qualified medical examiner have informed the Workers Compensation

Adjuster who in turn is required to notify REDLANDS stating that she would need to be placed in a

department separate from the QOLD in order for her to return to work

COMPLAINT

91 In response REDLANDS Human Resource Department representatives informed

II SMITH that the City Manager and QOLD representatives including CARDENAS have been presented

with this request and have not approved it

92 Because of REDLANDS failure to accommodate the transfer which SMITHs

doctors have confirmed is necessary SMITH has applied for a position confirmed available that would

represent a reasonable accommodation and which would allow her to return to work in a department

other than QOLD To this point REDLANDS has failed to provide an accommodation for SMITH that

would allow her return to employment with REDLANDS

93 SMITH has sustained and continues to sustain harm including but not limited to I1C

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

gh059758068


II substantial losses in earnings and other employment benefits due to REDLANDS failure to provide I

II reasonable accommodations for SMITH REDLANDS failure to provide a reasonable accommodation I

to SMITH was a substantial factor in causing SMITHsharm

EIGHTH CAUSE OF ACTION


Wrongful Discharge

94 SMITH realleges Paragraphs 1 through 93 of the Complaint above and I


95 Under FEHA Government Code 12940ait is an unlawful employrnent I

practice for an employer because of the physical disability mental disability or medical condition of

any person to refuse to hire or employ the person ar to bar or to discharge the person from

employment or to discriminate against the person in compensation or in terms conditions or privileges

of employment SMITH belongs to the protected classesabove

96 Under FEHA Government Code 12940h it is an unlawful employment

practice for an employer to discharge expel or otherwise discriminate against any person because the

person has opposed any practices forbidden under FEHA or because the person has filed a complaint

testified or assisted in any proceeding under FEHA

II

30

COMPLAINT I

11

3

4

5

6

7

8

9

10

11

121

131

211

22

23

24

25

26

27

gh059758068

O58pleadingscomplaint2dox

nU

97 SMITH opposed practices at REDLANDS that were forbidden under FEHA

Furthermore on or about October 24 2012 SMITH filed a complaint under the FEHA for illegal

discrimination and retaliation based on her demotion following her return from FMLA leave on October

15 2013 At all relevant times herein including the time SMITH worked under CARDENAS prior to

her demotion on or about October 15 2012 SMITH was qualified at all times to perform her job

competently SMITHs job performance was excellent and satisfactory as demonstrated by among

other things SMITHsnomination by CARDENAS for Employee of the Year an award SMITH

ultimately won

98 Since SMITH was placed on WorkersCompensationrelated leave on or about

June 7 2013 the treating physician and the state qualified medical examiner have informed the

Workers Compensation Adjuster that SMITH would need to be placed in a department separate from

the QOLD in order for her to return to work

99 SMITH is informed and believes and based thereon alleges that the Workers

14 Compensation adjuster is responsible for informing and has in fact informed REDLANDS of the same

15 and therefore REDLANDS knows of SMITHs medical condition physical disability andor mental

16 disability and the related need for her accommodation to return to work Specifically SMITHs

17 medical records document that she has suffered significant harm including humiliation emotional

18 distress and mental and physical pain and anguish because of CARDENASandtherefore would not be

19 able to be in a job where she would have contact with CARDENAS

20 100 In response to information pertaining to SMITHscondition and related need for

accommodation REDLANDS Human Resources representatives have informed SMITH that the City

Manager and QOLD representatives including CARDENAS Have been presented with this request and

have not approved it

101 Because of REDLANDS failure to accommodate the transfer that SMITHS

doctors have confirmed is necessary SMITH has applied for a position confirmed available that would

represent a reasonable accommodation and which would allow herto return to work in a department

other than QOLD To this point REDLANDS has failed to provide an accommodation for SMITH that

31

COMPLAINT

u

1

I

3

4

5

6

7

8

9

10

11

12

13

14

21

22

23

24

25

26

27

h059758068


would allow her return to employment with REDLANDS

102 SMITHstermination or constructive termination is wrongful because it is in

retaliation for SMITHstaking of FMLA leave her FEHA claim filed on October 24 2012 her


on SMITHsbehalf the grievance filed on October 17 2012 a complaint by SMITH to her union

representative on or about April 3 2013 andorher grievance filed on May 6 2013 Furthermore other

workers at REDLANDS that were not in the protected classes above ie without a medical condition

physical disability andarmental disability were kept in their positions andorthe positionsSMITH

sought that would accommodate her have been filled by an individual or individuals that were without a

medical condition physical disability andormental disability making them a member of the protected

class There is therefore a presumption of discrimination based on inter alia McDonnell Douglas Corp

v Green 1973 411 US 792 Guz v Bechtel NatlCorp 2000 24 Ca14th 317 354 and Mixon v

Fair Employment Housing Com 1987 192 Ca1App3d 1306 1318

103 SMITH further alleges that REDLANDS termination or constructive termination

15 of SMITH was in violation of FEHA because it prohibits the demotion termination harassment and

16 retaliatory conduct against an employee based on medical condition physical disability or mental

17 disability among others

18 104 As a direct foreseeable and proximate result of REDLANDS wrongful

19 termination of SMITH in violation of FEHA SMITH has lost and will continue to lose income and

20 benefits and has suffered and continues to suffer humiliation embarrassment mental and emotional

distress and discomfort all to SMITHsdamage in an amount in excess of 15000000 the precise

amount of which will be proven at trial

WHEREFORE PLAINTIFF SMITH prays thatjudgment be entered in her favor and

against DEFENDANTS and each of them as follows

1 For general and special damages according to proof at trial with

interest thereon at the legal rate from the date of the damages

2 For incidental and coincidental damages according to proof at trial

32

COMPLAINT

1

2

3

4

5

6

7

8

9

10

1 1

12

13

14

15

16

17

18

19

20

21

22

23

25

26

27

gh059758068


0

3 For an order requiring the DEFENDANT REDLANDS and their

agents servants and employees and each of them to show cause if any

they have why they should not be enjoined as hereinafter set forth during

the pendency of this action and

4 For a temporary restraining order preliminary injunction and a

permanent injunction enjoining DEFENDANT REDLANDS and their

agents servants and employees and all persons acting under in concert

with or for them from

a Subjecting SMITH to inappropriate and

unwarranted scrutiny during the performance of their

duties

b Failing arid refusing to properly investigate claims

of harassment discrimination and retaliation at

REDLANDS

c Failing and refusing to appropriately impose

discipline on QOLD employees including but not limited

to CARDENAS who are found to have engaged in conduct

which is discriminatory harassing or retaliatory

d Making any employment decisions based on

improper considerations including without limitation

medical condition or any other improper basis as set forth

in the Fair Employment and Housing Act Government

Code section 12940 et seq

e Attempting to terminate demote discipline or

otherwise take any adverse employrnent action against

SMITH without first referring the matter to an impartial

tribunal for investigation and review

33

COMPLAINT

f Harassing SMITH based on improper

considerations including without limitation medical

condition physical disability andor mental disability or

any other improper basis as set forth in the Fair

Employment and Housing Act Government Code section

12940 et seq

1C

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

gh059758068


g Discriminating against SMITH based on improper

considerations including without limitation medical

condition physical disability andor mental disability or

any other improper basis as set forth in the Fair

Employment and Housing Act Government Code section

12940 et seq

h Retaliating against SMITH when she reported

discrimination harassment or retaliation or other types of

misconduct or when opposing any practice forbidden by

the Fair Employment and Housing Act Government Code

section 12940 et seq and

i Placing SMITH on administrative leave removing

her from positions of authority and making difficult and

demeaning assignments to SMITH

5 For costs of suit and interest incurred including reasonable

attorneys and expert witness fees and

6 For such other and further relief as the Court may deem just and

proper

DATED 1l 2013 BORTON P T INI LLP

ByDaniel L erguson EsqJoseph L Richardson EsqAttorneys for Christine Smith

34

COMPLAINT

9F

City of RdlandsFa

t ATaaxs

i ttT

EVALUATION SCORE 38 EVALUATION PERIOD FrtbM05152009 To OS152010

ELIGIBLE FOR MERIT INCREASE YES

RECOMMEND REGULAR STATUS YES

EXTENSION OF PROBATION YES

No

No

NO LENGTH OF EXTENSION MOS

p crtcs a c N xrx g tasqS x Aras i vF Sii x r 1 o 1 r r s dx 34av css4iYt xa iYJ irbafJirz 1 a 2

z u u S6san i 4C A K o ae xs ntWxa a s n vJ ahdl3ii ti F rcanluiwvl aels

NaME Christine Smith IOBTITLE Administrative Assistant II

SUPERVISORS NAME TOdd HOUSIey DEPARTMENT Quality of Life Administration

HIRE DATE 11152006

EVALUATED BY Todd Housley

DEFINITION CF RATINGS

LAST EVALUATION DA OS152009

061510 P1204 IN

EXCEPTIONAL 5 Consistently exceeds all relevant performance standards Provides leadership fosters teamwork is highly productiveinnovative responsive andgenerates top quality work Active in industryrelatedprofessionalandorcommunity groupsEXCEEDS EXPECTATIONS 4 Consistently meets and often exceeds al relevant periormance standards Shows initiative andversatility works collaboratively has strong technical interpersonal skills or has achieved significant improvement in these areasMEETS EXPECTATIONS 3 Meets all relevant performance standardsBELOW EXPECTATIONS 2 Sometimes meets the performance standards Seldom exceeds and often falls short of desired resultsPerformance has declined significantly or employee has not sustained adequate improvement as required since the last performancereview or perlormance improvement planNEEDS IMPROVEMENT 1 ConsistentlV alls shortofperformance standards

INSTRUGTIQNS

illustrate iher ar lower than

GOMPETENGY

1 QUALITYCompletes high quality work according to specifications Thoroughly follows standards and procedures Keeps completerecords Pays attention to details Has a strong sense of quality and knows how to achieve itChristine understands that accuracy is vital to keeping tasks efficient ShefoUows established procedure and

rocuses on quauty

2 DESIRE TO IMPROVE1UALITYContinually looks for ways to improve and promote quality Applies feedback to improve performanceChristine is constantly looking for ways to irnprove processes and make herselfmore productive to the

3 OB KNQWLEDGE

Possesses skills and knowledge to perform the job competentlyChristine knows herjob well and assists in tasks that help inall areas of the Department She takes on newassignments with initiative4 COMMUNICATIONOrganizes and expresses ideas and infonnation clearly using appropriate and efficient methods of conveying the informationThe Qualilv ofLifeDeparhnentieldsseveral calls andemaisevery dayCtristine dissectsirmation quick

SCORE

4

5

4

Revised February 4 2009

i 1and transfers it to the appropriateeyee or department quickly

5 INTERPERSONAL SKILLSIs sensitive to the needs feelings and capabilities of others Approaches others in anonthreatening and pleasant manner andtreats them with respectChristinesfirst instinct is to jump into new projects and challenges witfz 100 effort However herpersonaldesire forresults is sometimes interpreted as zostile or rude As her supervisor I recognize this initiative anddesire or what it is but Christine needs to be aware o the inte retation andadust her behavior accordin l6 CONFLICT RESOLUTIONExpresses alternative points of view in a nonthreatening way Knows when it is appropriate to compromise and when it isimportant to take a standChristine treats all customers and sta members with res ect7 TEaMwoRc

Works on projects as part of a team exchanging ideas and contributing skills that complement those of the other teammembers Fulfilis commitments to team members

Christine gravitates to eadership roles and often volunteersforCitywide efforts requiring parlicipation fromall de artments

8 ETHICS

Maintains high level of character and a professional attitude Is able to conform and promote the Citysstandards of conduct

Jr1N1TIAINE

Strives to learn and improve Seeks out ways to better themselves and the City Takes on responsibilities Does not remain idleis hard working Selfmotivated

Christinesinitiative is among her best qualities as an employee Other departments itave recognized this qualityand provided positive feedback when she works on collaborative projectsSUMMARY CUMMENTS The Quality ofIife Department cs oneofthe largesf City deparfinents wifh manydisparateresponsibililies and tasks Christine thrcves in thsdynamic environmenlaul can keep up wilh tlzepace Chresnne is also taking courses inpursuit of a B A

INSTRUCTiONS FOR NEWGO

0

5

Total

Score

38

ldentify a minimum of two new objectives These objectives must be those that the employee understands theyare to accomplish over the coming year and address the following1 Any one of the subjects under Personal Attributes listed above2 Project Goals specific assignments to participate in ormanage ongoing or future projects When setting

project oriented goals outline the scope of the role the employee is to play lists resources and completiontime frame and define fhe desired result

r mt wr a s a l r ta fH ia F v lri tic SSk tir x

ne pua xMUm a x s r zx r r x eP te t x k sr AF

1 Improve attendance and refrain from being away from desk and front area during working time2 lmprove setting up files and staying on top offiling3 Shareimportant information and tasks with other Adminislrative Assistants to ensure all AdministraiveStaff is

thoroughly trained in all Quality ofLcfe functions4

5

INSTRUCTIQNS FOR RATING RASTEsOALS Evaluate pastgoals by assessing the aaomplishments achievedin eachcateQOrv Enter additional pastgoals to a maximum of S in total

1 Continue to improve her communication skills to be more tactful Improvementnoted 4

2 With supervisory approval transition into confidential tasks and other tasks formerlyperformed by recertlyretired Senior Admin Christine has exceiled in this goal 5

3 Continue to improve attendance This area needs to be improved 34 Improve setting up files and staying on top of filing Christine has improved in this

area as much as to be expected with current staffing levels 4

2 of 3 RevisedFebruary 4 2009

Y3

1

All of the managers in the Quality of Life Department recognize Christinesabilities andcanrely upon heras a valuable member of the Quality of Life team Qw

I agree with this evaluationI do not agree with this evaluation Please attach a separate sheet if necessary

rastane mct

Employee Name

Todd HousleyRater Name

r Qualityof Life Director

Debbie ScottLeistraHuman Resources Director

Z7 nDate

Date

roDate

Date

3 of 3 Revised February 42009

i Z7io

City of Redlands

PERFORMANCE APPRAISAL

u

e

rfurrnte

Font Font Print Form

Employee Christine Smith Hire Date 11152006 Position Administrative Assistant II

Department Quality oF ife Department Division GENERAL Location

Review Period OS152010 OS142011 Appraiser Cardenas Fred 100

Appraisal Overview

Factor 100 Goal O

Accountability 13

aAdaptability 13 o

Attitude 13

Communication 13

Dependability 12

Ethics lZ

ob Knowledge 12

Leadership iZ

Performance Factors

Accountability 13

The degree to which one is answerable and responsible for actionsand performance either individually or on a team

Factor Rating Details

1 Unacceptable

Does not demonstrate followthroughFrequently makes excuses or does notaccept responsibility for ones ownactions

4 Valued Performer

Frequently is conscietiousaboutbeing answerable and accountable forthe actiosof self or teamCan be

counted on to meet responsibilitiesand timelines

Summary

Appraiser

Employee

Total

2 Needs Improvemet

Occasionally shirks responsibility or isnot accountable for actions Doesnt

always meet deadlines Improvementis needed i recognizing areas ofresponsibility

5 High Performer

Always is totally accountable for the

performance and actions of self or

team Completely understands jobrequirements and works in

accordance with expectatios

Assumes full responsibility for dutiesassignments and timelines

Weight Rating Score

100 400 400

400 400

400

3 Contributor

Generally is accountable for actions ofself or team Usually assumesresponsibility for assignments andtimelines

Q Comments

Appraiser Comments Christine takes complete esponsibility for her personal and team related tasks and assignments Shemeets her deadlines and comes into the oce on her days off takesmakes phone calls on her days off and coordinates withother divisions and departments after hours and on her days off She also takes full responsibilities for her actions and expects

httpscityofredlandsperfprohrnonlinecomviewappraisalphpprintviewlviewtype 10182012

rerrormance rro ra 1

to be held accountable when the result is not met Christine has worked on Airport repaT the 911 event at the Redlands

bowl the Redlads median and other projects on her days off

Employee Comments

Adaptability 13a Summary

Appraiser

Employee

Tota I

Weight Rating Score

100 500 500

500 500

500

The degree to which one demonstrates openness to change and newideas Ability to adjust to changing work requirements and respondto new situations


iUacceptable

Negative toward change Reluctant or

unabie to adapt to new situationsFrequently resists change causingproblems and delays

2 Needs Improvement 3 Contributor

Demonstrates a general resistance to Generally not resistant to change

change Can adapt to new situations Can adapt to many situationsbut only when forced requiring a detour from established

procedures if given reasonable time to

adapE

4 Valued Performer 5 High Performer

Adjusts well to most situations or Fits well into virtually any

changes Supportive and proactive in assignment Utilizes new ideas to

effecting changes and improving improve operations Seeks toprocesses effectively assimilate change into

productive processes

Comments

Appraiser Comments Christine accepts all assicjnments given to her regardless of the nature of the tasks She is a very quickstudy and needs little supervision to accomplish her assignments She has adapted well to all of the Airport Grove RecreationParks Cemetery and other division assignments She is creative and resourceful in completing her assignments and tasks Forexample the RMC was rarely used to make policy decisions Now Christine does not have to be told to look up policies andcodes she automatically researches them She never complains when we have task and assignment priority changes

Employee Comments

Attitude 13 Summary

AppreiserThe degree to which one is positivecostructive and supportivetoward customers employees and the company The level of Employee

enthusiasm and commitment demonstrated in job performanceTotal


1 Unacceptable 2 Needs Improvement

Almost always displays a poor Frequently demonstrates a poorattitude toward customers attitude toward customers

employees or the company Negative employees or the compay Negativebehavior demoralizes others and impact on others is noticeable

Weight Rating Score

100 500 500

400 400

500

3 Contributor

Demonstrates constructive and

supportive behavior in mostsituations Pejob duties withadequate commitment


o

adversely impacts thecompanyImmediate change is necessary

4Valued Performer 5 High Performer

Sustains a constructive supportive Always demonstrates positiveattitude in most situations ob constructive supportive behaviorcommitment and enthusiasm Projects enthusiasm and commitmentmotivate others in all aspects of job performance

Consistentiy motivates others

Comments

Appraiser Comments Christine always has a positive attitude about the department and the City as a whole She has goodconstructive alternative solutions when things dontgo as planned She is a team player that goes out ofher way to counselemployees and to let them know what is expected from them She has been instrumental in working with the Etectrical Divisionon copper wire thefts She has always made herself available to go out into the filed to gather information collect data adinterview crew members on projects and proqrams tike the street repairs and disposal routes

Employee Comments

Communication lgo Summary

AppraiserThe ability to effectively converse and listen to others concerningcompany matters The use of proper written and grammatical skills Employee

and the meaningful applicatio of computer technologyemailInternet etc Total

0 Factor Rating Details


Communication skiils are inadequate Communication skills are lacking infor teaching Immediate improvement some areas Verbal communicationis necessary in one ormore key areas skills of listening and speakinglistening speaking writing using impede job performaceMorecommunication technology effective use of communicatio

technologies is needed Written

documents do not convey informationclearly

4 Vaiued Performer

Communicatio skills are very good

Listeing and interpersonal skills areabove average Effectively uses most

available communication technologyWritten documents are usually clearand concise

5 High Performer

Communication skills are superiorListening anditerpersonai

communication skills stregthenothers Effectively uses ali availablecommuication techology Written

documents are clear concise andwellconstructed

Weight Rating Score

100 400 400

500 500

400

3 Contributor

Communication and listening skills aregood Effectively uses some availablecommunication technology Writtendocuments convey informationappropriately

Comments

Appraiser Comments Christine communicates with staff in a variety of ways she is skilled at writing staff reports she is wellversed in technology such as computers and appropriate software The field staff relies on her to produce memos letters andspreadsheets She is expanding her computer knowledge into the RTA system fo Fleet Christine is leaming the art of listeningfor the purpose of gather information for use on her tasks and assignments

Employee Comments

Dependability iZo Summary Weight Rating Score

Appraiser 100 400 400


Performance Pro

The degree of followthrough on assignments The degree to which Employee

the employee can be counted on to complete assignments in a timelyand competent manner The degree to which the employee is self

Total

directed takes initiative and is proactive


1 Unacceptable 2 Needs improvement

Dependability is a significant problem Dependability is a problem Lack of

Followthrough oruwillingness to followthrough or unwillingness tocomplete tasks frequently leaves complete tasks occasionaliy leavesother staff inembers in adverse other staff inembers in adverse

situations or requires other staff to situations or requires other staff totake on additional responsibilities take on additional responsibilitiesAbsenteeism excluding Iegaliy Absenteeism excluding legaliy

required leave has impacted job required leave has impacted job

performance performance

rage 4 or i

400 400

400

3 Contributor

Can usually be counted on tocomplete assignments correctly andin a timely manner A few exceptionsmay occur

4 Valued PerFormer S High Performer

Can be counted on to complete Always completes assignments timely

assignments in a timely and thorough and thoroughly Frequently worksmanner Consistently meets or beyond expectations demonstratingexceeds expectatios exceptional initiative

Comments

Appraiser Comments Christine is very dependable She is always available to assist in ail divisions of the department andtasks and assignments that belong to others Christiane sometimes takes on more than she should but stays late to finish herown deadlines At times I have had to hold Christine from helping others to avoid determent to her own assignments Christine

takes on the task of following up with Supervisors as to completions of projects promised to residents

Employee Commets

Ethics

The level of trustworthiness character professionalism

confidentiality and honesty i dealing with internal or external

customers


1Uacceptable

Violations of the companys ethicspolicy have occurred or misconductrelative to ethical situations is

deemed serious

4 Valued Performer

The individual demonstrates a highlevel of ethics in dealing with bothintemal and extemal customers Is

honest and trustworthy i all business

dealings Confidentiality isconsistently demonstreted

Comments

12 Summary

Appraiser

Employee

Total

2 Needs mprovement

Although not yet serious someconcerns regarding ethics haveoccurred and need to be dealt with to

prevent further problems Suchincidents may be a result of lack ofconfidentiality or poor judgment

S High Performer

The individual is above reproachHonesty trust and ethical behaviorare exceptional in all businessrelationships

Weight Rating Score

100 400 400

400 400

400

3Cotributor

Is a trusted and honest employee whounderstands the companysstandardson ethics and tries to abide by theestablished guidelines Ayindiscretion wouid not be intentionalbut occurs because of lack of

understanding


o

Appraiser Comments Christi e has never shown anything but a high level ofethics Sh is honest and courteous withresidents and customers She was instrumental in briging the Recreation Divisions questionable practices into check

Employee Comments

ob Knowledge iZoo Summary Weight Rating Score

The depth and breadth of knowhowto perform essential duties andfunctions of the job The level of compliance with degree

certification and training requirements Understanding of howindividual job performance furthers organizational objectives

Willingness to update and expand skilis knowledge and training


1 Unacceptable

Does not understador perform theessetial duties and functions of the

positionin significantperformance problems Trainingcertification andordegreerequirements have not been met

Fails to understand how marginal jobknowledge and poor performanceimpac organizatioaloperations

4 Valued Performer

Demonstrates strong job knowledgead ability in performing the essentialduties and fuctions of the position

Meets or exceeds degreecertification and treiningrequirements Understands role within

the organization and howperformance of assigned dutiesimpacts the companys success

Pursues ongoing treining anddevelopment to improve jobknowledge Has good understanding

of related jobs and functions

Appraiser

Empioyee

Total

2 Needs Improvement

Lacks sufficient knowhow to do

assigned tasks May not have acomplete onderstanding of essentialduties and functions of the positionMay lack full awareness of how jobperformance impacts the

organization May have failed toupdate training certification adordegree requirements

5 High Performer

Demonstrates extremely broad anddeep job knowledge and exceptionalability in performing the essentialduties and functions of the position

Meets or exceeds degreecertification andortrainingrequirements Thoroughlyunderstands the significance of jobresponsibilities relative to

organizational goals and objectivesHas significant underscanding ofrelated jobs and functionsAggressively pursues ongoing trainingand development related toexpanding job knowledge andeffectiveness

100 300 300

400 400

300

3 Contributor

Possesses sufficient knowhow to

understand and perform the essentialdutiesaniiFuncEions of Ehe posifion

Meets degree certification andtraining requirements Possesses ageneral knowledge of department

functions and company operationsUpdates skills training andcertifications as required

0 Comments

AppraiserComments Christine has some very important historical knowledge of the department and the City She is veryknowledgeable in her previous position However she is has bee promoted to Senio Administretive Analyst and has a lot tolearn She is very quick to learn and very keen as to where and how to apply her newfy leam knowledge There is no doubt thatwithin the next few months she will exceed my expectations o her new job knowledge She needs toconcentrate on herknowledge and interpretation of the RMC and state codes

Employee Comments

Leadership 120o Summary

AppraiserThe ability to effectively lead others in achieving stated duties andassignments The degree to which the manager demonstrates a Employee

Weight Rating Score

100 400 400

400 400


Performance Pro

positive example in leading staff toward achievement of company Total

goals and mission


1 Unacceptable 2 Needs mprovement

Completely lacks ability to guide Ability to guide others is limited due

others due to lack of effort desire to lack of effort desire vision or

vision or positive attitude Leadership positive attitude Leadership skills areskills are inconsistent with company inconsistent with company values

values


Shares and promotes company values Seen as an exemplary role model

and goais through effective contributor and leader Holds self and

leadership Encourages and mentors others accountable to high standardsothers as needed Inspires associates to higher levels of

performance

j Comments

Appraiser Comments Christine has shown good leadership skills However she must learn when to apply them At times sheis too eager to take over at meetings or on projects without first having listened to all of the information In the last sevenmonths she has very skillfully learned when to speak up ad when to liste She has a very natural and assertive quality indirecting staff

Employee Comments

i Performance Factors Total Score

Goal Performance

jGoal Rating Details

1 Not addressed

Little or no progress has been madetoward completion of this goal

4 Complete

All major aspects of the goal havebeen achieved Performance met

expectations

Goai Performance Total Score

Future Goals

2 Incomplete

Marginal progress has been made butmajor aspects of the goal areincompiete

S Exceeded

All aspects of the goal have beenachieved Performance exceeded

expectations

rage b or i

i400

3 Contributor

Focus addirectio is good and

usually consistent with desiredresults Leadership skills are adequatebut further development may beneeded Generally shares company

values and demonstrates a positiveattitude toward organizational

objectives

414

3 Progress

Significant progress has bee made incompleting major aspects of the goal

000

College Goal

Oue Date OS142012

Continue to progress on your Bachelorsdegree

Budget Status Reports

50 Action Steps

25aAction Steps


1 G11V1111QLlll 1 lV

Oue DateOS142012

Spreadsheet that account for the program project budget It shows

portions of the budget that have been expended and the remainingbudget

Cost Centers

Due DaYe OS142012

Detailed reports of expenses for individual divisions

25Action Steps

Summary Comments

Summary Comments

Appraiser

Employee I am competent in my ever changing job duties Ask questions when I need clariFicationI am flexible in what I am able to produce and many times put the departments needs before my own preferencesI have historical knowledge and perform diligent research on matters that I am not familiar with

I work well with others in the department and attempt to assist them in matters where requestedI have created a variety of detailed spreadsheets which analyze a broad variety of departmental informationI have created a variety of information tracking sheets for the department

Final Score Calculation

Performance Factors

Performance Goals

Completed 05102012 at243 pm

Totals

414

000 0 000

Performance Rating

414

Valued Performer

j By signing below the Employee and Appraisersacknowledge that this Performance Appraisal has been discussediThey each understand that this appraisal is not a contract but an evaluation of performance and therefore does not

affect the employee relationship If the Employee disagrees with the contents of this appraisal heshe may check thej following box and attach an explanation of that disagreement

j AdmiistratorShear Ashley

Signature Signed Date Actio

Smith Christine 05102012 645 pm RemoveEsianatureEsianature not required

Employee

Cardenas Fred 05102012 336 pm RemoveEsianatureEsianature ot requiredAppraiser

Weight Score

100 414


u

EXHIBIT B

C gPtsccsrccsn

eccEparP

m

mW

0

0

r

0

iYl0

cit ofRexsHuman ReourcsDenartment

CITY OF REDIANDS

This nomination is for

X

NOMINA710N FORM

zc i

ErwPiovee oFrHeYeaR Administrative

Examples Administrative Assistants Secretaries Analyst TechniciansEnnPlOrree oF rtiEYart Technical Professionai

Examples Engineers Librarians ITEMPLOYEE OF 1TIE YEAR Safety

Examples Sworn Fire and PoliceEMPLOYEE OF THE YEAR fl@Id

Examples Water Streets Trees Maintenance Solid Waste Electrical etcMPCOYEEOF THE YEAA PaYCtIR1e

MANAGER OF THE YEAR Admillistrative

Examples Project Manager Risk ManagerMnntnEtt oF THe Yeatt Technicaf Professionel

Examples EngieeringMaagers Principal Librarian Senior Planner SupervisorsMANAGER OF THE YEAR S3fety

Examples Police Lieutenants Battalio ChiefsMAfVAGER OF THE YEAR FIEId

Examples Operations Managers Water Oistribution SuperintendentVOIUNTEERINTERfdOF 7HE YEAR

NomineesName ChrlStlfl@ Sflllth

DepartmentOivisionQUalty Of LIfOPostoSenior Administrative Analyst

Please state why your nominee should receive this awardie service beyond job requirements exemplary service to thepublic other significant fadors Attacfi additional information if necessary Please cite specific examplesChristine cansistently demonstrates an ability above and 6eyond her current posltion as SeniorAdministrative Analyst She is frequentlycaedupon to perform tosks rharepresenthersuperioranaytical skills She seeks and frnds solutians to challenges daily and has anexceptionally positive aKitude She seeks new esponsibilities lrrespectNre of rewardor recognition She s defermined and decisive in theasks she is given to accomplish

She demonstrates her capability of 6uilding and implementing sophisticated plons and proects During this year she has shown hereliabityrn meetng the departmenPs objectives In QoC induding creation of the QoLsfrrst perfomance standards and cost ofserviceanaysis management ofQoLsbudget andceation of the QoLsfirstoperaiians maintenance analysis and a reorganizatlon afcounTer servlces for alJ customer service reQuests from the Qualrty o Ufe department to iheaneStop Permit Center Cfristine balancesthe demands of herposition agains the demands of school in addition She Aas proactive time management skills

tvomated ey Fred CardenasDepartmentDivisinQUalty Of LIf2Position reCtOC

Signature

Work Phone9097987583

Oate

Retam to NumanResourcts7abethalohnson rto later than Thunday Qctaber 14 2011CivicCeater 35 CajonSuite 10POBox3005Redlands GA

C ofReaartaSHuman ResourcesDerartment

NeF

CITY OF REDLANDS

NOMINATION FORMThisis forChrisUnSmith

EMPLOYEE F THE YEAR Adn11nl5tfatlVe

Examples Administrative Assistants Secretaries Analyst TechniciansEMPLOYEE OF THE YEAR TeChnlCdl PrOfe5510na1

Examples Engineers Librarians ITEMPLOYEE OF THE YEAR Safety

Examples Sworn Fire and PoliceEMPIOYEE OE THE YEAR FIeId

ExamplesWaterStreetsTreesMaintenanceSolidWasteElectricaletcEMPIOYEE Of THE YEAR Peftt1171e

MANQGER OF THE YEAR ACIrt11111StatlVe

Examples Projed Manager Risk ManagerMaNAER oF rHe YEAR Technical Professional

Examples Engineering Managers Principal Librarian Senior Planner SupervisorsMANAGER Of THE YEAR SefetY

Examples Police Lieutenants Battalion ChiefsMANAGER OF THE YEAR FIeICI

Examples Operations ManagesWater Distribution SuperintendentVOLUNTEERINiERNUi TWE YcAR

NomineesName Christine Smith

eParcmetoiisonQuality of Life DepartmentPosicion Administration Analyst

Please state why your nominee should receive this awadie service beyond job equiremenu exemplary service to thepublic other significant factors Attach additional information if necessary Please clte specflcexamplesThe eason chose Christine Smith for this Awad is because as a AdministraYlon Analyst her fevel of experfence education andknowledge is ageat benefir to the Quality Of Life Department always there until the wark is finished

Nominated By Rene Cal7TlOdy work Phone9097984113oepartmentoisorQuaiity of Life Department J Soid Waste Division

vy EquipmentOpeatoridWaste Driver Administration Asst

r10232011

Date

Return to Numan ResaurcesTabethoJohnwn no later than Thunday Odober 24 2011Civic Center 35 Cajon Suite 10PO Box 3005 Redlands CA

IXHIBff C

CEACitmployees Associates

2918 E 7 StreetLong Beach CA 908045624336983 voice5624331264fax

cea@cityemplo yeesnet

October 17 2012

Mr Enrique MartinezCity ManagerCity of Redlands35 Cajon Street Suite 200Redlands California 92373

Subiect Grievance on behalf of Christine Smith Fleet Services AdministrativeCoordinatorSenior Administrative AnalYst

Dear Mr Martinez

I am representing Ms Christine Smith in a complaint against the City of Redlands based onthe following violations ofher rights under law and contract

Harassing conduct possible gender discrimination

Retaliation for conduct protected by the Family Medical Leave Act andCalifornia Family Rights Act

Violation of Skelly rights Probationary refurn for disciplinary reasons

The Departmentsharassing conduct dates back to Ms Smithsduties in the classification ofSenior Administrative Analyst and continues today with the probationary return Mr FredCarderas informed Ms Smith and me that he was returning her to her prior classification onOctober 15 2012 for the many errors he accuses her of committing Mr Carderasrepeatedly claimed that Ms Smith was being terminated after seeking clarification as totermination or probationary release Mr Carderas indicated that Ms Smith was beingterminated for the many errors she committed and that her permanent record would reflectthis termination in a negative way The City has an obligation under Skelly to provide adisciplinary notice and appeal for the probationary return demotion when pursuing thisaction for cause

The DeparhnenYs actions are not based upon error but rather as retaliation for Ms Smithsuse of FMLA I informed Mr Carderas that we are grieving this action as retaliation forFMLA and dispute that the probationary return is in fact being communicated as a demotionfor cause and in violation of Skelly

Our meeting on October 15 2012 constitutes the informal grievance process We are notsatisfied with the outcome and thereby advance the grievance to level three City Manager

The remedy we seek is1 Tl1at Ms Smithsjob duties be returned to the preFMLA levels2 That Ms Smith receive any back pay or benefits lost3 That any evidence of the error or termination on her permanent record be

removed from her file and4 That that the harassing conduct and retaliation immediately cease

We request a meeting with you to go over materials and information in support of thisgrievance If our clients work conditions do not improve this office will assist her inseeking additional legal remedies

Respectfully

Mary LaPlanteLabor Representative

c Human Resources

Board of Directors

CC Ms Harbert Chief of Police HR

2

EXHIBIT D

0

m

XW

ARY FiECYCLED PAPER MADE FROM 209e POST CONSUMER CONTENT

u

Smith Christine

From Smith Christine

Sent

To

Cc

Subject

Tuesday October 23 2012 442 PM

Cardenas Fred

Garcia Daniellechris24smith@yahoocom Braun Kim

RE AssignmentsAttachments JEEPSCOOTER COMPARISONxIs

Fred

1J

It is not my intention to make this project complicated however l do want to complete it accurately peryour requests and am unable to do that without discussing my steps and thought process with you toensure I am providing what you are looking for

I contacted Utility Billing and asked Debbie Butler for the number of ineters read throughout the City sothat I would be able to get an annual number of stops each meter is read 6 times per year for the meterreading vehicles She said that today is her turnoff day so she would not be able to provide me this

information until tomorrow

Having the annual number of stops for the meter readers will allow me to convert the overall expense ofthe scooters to a per stop cost per your request this information is shown on the attached spreadsheethowever this conversion is not compatible with the OM cost estimates you requested I use for theJeeps

Per your instructions I am using costs associated with SUVs operated by PD to represent possible OMexpenses for the Jeeps The numbers being used represent the life of the vehicle Because the vehiclesare not used at the same frequency or for the same purpose if I tried to break down the mileage 70109into a per stop eounf the information would be very distorted

Please review what I have attached and let me know if this is what you are looking for The numbershighlighted in yellow an the scooter tab are justafiller and will be updated after 1 receive accuratenumbers from Debbie Butler I will revise this spreadsheet and reforward at that time

CIiStve wtlctof edadsaof fe pepaYtewt909 9gsscswith@citofredlavdsoro

From Cardenas FredSent Tuesday October Z3 2012 1222 AMTo Smith ChristineCc Garcia Danielle chris24smith@yahoocomCardenas FredSubject Re Assignments

ChristineYou are making this more complicated than what it is Simply take ali Qf the aetual costs for the scooterscapital repairs routine mainfenance and fuel and the total annual stops Stops equal the number of allaccounts meters read per week times 52 weeks a yea Take the estimate cost of the Jeeps see aboveand the same annua stops for the scooters Annualize the cost of each and campare them If you haveany questions let me know

10232012

Thanks

From Smith ChristineTo Cardenas FredCc Garcia Daniellechris24smith@yahoocomSent Mon Oct 22 1617412012

Subject RE AssignmentsFred

it is my understanding that you wanted me to get a cost per mile for the scooters vs the Jeeps to determine ifthey were an adequate purchase made by MUED

Per the email below I will incorporate the OM information pertaining to the PD SUVsto show an approximatefuture OMexpense of what we may incur on the Jeeps

I am still unsure of exactly how you would like me to convert the fuel information from hours to miles to stopsand vice versa to prepare an accurate estimated comparison of expected future fuel costs of the Jeeps to pastfuel costs of the scooters Please see my concerns below

All of the PD SUVs we are using in the comparison are tracked by mileage on the odometer not hoursAll of the scooters we are using in the comparison are tracked by hour not mileageIn order for me to convert mileage and hours over to the number of stops per your email below l would need

the following information to prepare an accurate estimate for this analysisthe annual number of stops that each vehicle would be making when reading metersthe number of miles that would make up the number of stopsthe amount of time it takes for each stopthe number of hours the PD SUVs are driven so that I can convert that over from mileage to hours to

get a common denominator for the comparison

I without the above information cannot come up with an accurate conversion to compare fuel for the differentvehicles

For now what I have done in the attached spreadsheet is converted scooter hours into mileage using a formulaof S00 hrs for every3000 miles I used this formula because when scheduling routine maintenance for vehiclesall vehicles tracked by mileage are required to be maintained every3000 miles clocked and every vehicletracked by hours is required to be maintained every 500 hours it is operated We receive this information asupdated in the Gasboy system when the user fuels the vehicleI then used the average mileage of the PD vehicles and converted the fuel at a rate of017 per mile based onthe window sticker of the vehicle that was available online

Based on the attached assessment I am showing that PD SUVscost an estimated 067 per mile Scooters costan estimated 208 per mile and leeps cost an estimated072 cents per mile to operate

Please let me know if you have any questions or would like additional information represented in this analysisChristine Smith

City of RedlandsQuality of Llfe Department909j7987655

10232012

csmith@cityofredlandsorgLJ

Original MessageFrom Cardenas FredSent Monday October 22 2012 1247 PMTo Smith ChristineCc Garcia Danielle chris24smith@yahoocomCardenas FredSubject RE Assignments

Christine

Per our conversation and email use the vehicle average for like vehicles such asExplorers and cruisers to determine future OM for the Jeeps Also try usingservice stops instead of miles Like refuse trucks meter readers stop at everymeter Try to equate number of stops to total vehicle operating costs Let me knowif you have any questions

Thanks

Alfredo Cardenas

City of RedlandsQuality of Life DirectorPO Box 3005

35 Cajon Street Suite 222Redlands CA 92373909 7987655909 7987697 Fax

fcardenas@cityofredlandsorg

Original MessageFrom Smith ChristineSent Monday October 22 2012 1143 AMTo Cardenas Fred

Cc Garcia Danielle chris24smith@yahoocomSubject RE Assignments

Fred

Attached is my progress thus far on the JeepScooter comparison you wererequesting

Per your request I am incorporating information from the Police Departments SOVsto provide part of the comparison relating to what the Jeeps might expect as far asfuel expense is concerned

Because the scooters are tracked by hours instead of mileage through RTA and theGasboy system the analysis is not comparing apple to apples rather apples tooranges so we will need to have Fleet check the odometers on these vehicles so thatwe can tighten up the numbers and get a more accurate comparisonI am still confused on how you would like me to incorporate the Jeeps into thiscomparison because we do not have any history information on them at this timePlease let me know your thoughts on how you would like me to do this and anysuggested changes so that I can complete this comparison as requestedChristine Smith

City of Redlands

Quality of LIfe Department909 7987655

csmith@cityofredlandsorg

Original MessageFrom Cardenas FredSent Tuesday October 16 2012 753 AM

10232012

To Smith Christine

Cc Cardenas Fred Garcia DanielleSubject Re Assignments

I just saw the email from Danielle that you are assistinq Jocelyn Please moveforward Danielles request and the analyzes can wait until you finish helpingJocelyn

Thanks

Original MessaqeFrom Cardenas Fred

To Smith ChristineCc Garcia Danielle Cardenas EredSent Tue Oct 16 073803 2012Subject Assignments

Christine

Please prepare an analysis on the meter reader scooters and the new Jeeps recentlypurchased by MED At minimum the analyais must compare the capital cost OMrepairs and routine and fuel consumption I aTso rieed your written statementregarding the purchase of three SUVs and two Jeep WranglersSecond prepare an analysis of the RBY agreement It should be comprised of amatrix showing RBY and the Citys rights obligations payments schedules agreementtermination date etc

Please have both completed by days end If you have any questions let me know

Thanks

10232012

Smith Christine

From Suarez Celina

Sent Wednesday October 31 2012 245 PMTo Smith Christine

Subject FW Assignments

Take a deep breath

From Cardenas FredSent Wednesday October 31 2012 228 PMTo Smith ChristineCc Garcia Danielle Braun Kim Suarez Celina Cardenas FredSubject RE Assignments

ChristineYouaemkingthisassignment moredifficult than itis This assignmenthasnothingtodowith theemail

from Ronda Please see my email below

Thanks

Alfredo Cardenas


35 Cajon Street Suite 222Redlands CA 92373909 7987655909 7987697 Faxfcardenasccitvofredlandsorq

From Smith ChristineSent Wednesdaq October 31 2012 220 PMTo Cardenas FredCc Garcia Danielle Braun Kim Suarez CelinaSubject RE Assignments

FredAttached is the spreadsheet that Celina and t developed per your email and the email we received fromRhonda also attached We plan to use this spreadsheet to track the agreements for QOL per yourrequest Please review and determine if this is sufficient for what you requested If you scroll over to theright there are links set up to bring up the agreements and the analysis of the agreements for easyreference

We will not move foNVard until hearing back from you on any necessary changes as this is going to be atime intensive project and want to make sure it is being set up to you standardsPlease advise on any requested changes or if we should proceed with the spreadsheet as it is presented

CIStve wtlCitoftzedlavolsoatofufe pepartwewt9oyygscswtth@citof

10312012

From Cardenas FredSent Monday October 29 2012 409 PMTo Smith ChristineCc Cardenas Fred Garcia DanielleSubject Assignments

J

ChristinePlease put together a list of all of the agreements the City entered into with local organizations Start with a themain agreements like AYSO RBY RCMA Grove Schools and work your way down to the smaller ones Startthe process of creating a comparison synopsis similar to the RBY agreement comparison

Thanks

Alfredo Cardenas


35 Cajon Street Suite 222Redlands CA 92373

9097987655909 7987697 Faxfcardenas@cityofredlandsorq

10312012

EXHIBIT E

i

A ti

v 6

I1auw

EMPLOYMENTCALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING

COMPLAINT OF DISCRIMINATION UNDER THE PROVISIONS OF THE CALIFORNIA FAIR EMPLOYMENT ANDHOUSING ACT

DFEH INQUiRY NUh4BER

5581026482

I ALLEGE THAT I EXPERIENCEDDiscrimination Retaliation

ON OR BEFORE Oct 25 2012

BECAUSE OF MY Engagement in Protected Activity Family Care or Medical Leave

AS A RESULT i UVAS Demoted Denied a good faith interactive process Denied a work environment free ofdiscrimination andor retaliation Denied or forced to transfer Denied promotion Deniedreinstatement

STATE WHAT YOU BELIEVE TO BE THE REASONSFOR DISCRIMINATION

Alfredo Cardenas has a history of threatening intimidating and builying employees that work in and out of his department he regularlyuses employees as scapegoats and continually attempts to set employees up to fail He creates silos and subjects the Quality of Lifeemployees to a hostile work environment Over the past 18 months that he has been employed at the City of Redlands he has callednumerous employees into meetings with him and threatened to fire them with no justification to do so He is unethical and quick to talknegative about people who are not present Because of the way he treats staff 3 people have retired one person has resigned and manymore work in fear of him every day He is retaliatory by nature and I am concerned with even requesting this investigation because of thepotential retaliation I wiil be subjected to for doing so In November 2011 Alfredo Cardenas nominated me as employee of the year for theCity of Rediands an award that f won During his speech he informed a room full of empoyees and volunteers that I was an invaluabieemployee and that he would not have been able to get through the previous 7 months without me helping him along the way OnDecember 15 2011 I left for an approved vacation and upon my return on January 9 2012 I was being retaliated against and bullied byAlfredo Cardenas 1 was pulled aside after staff meeting on January 9 2012 and toid that I was protraying a negative attitude and that Ineeded to be more of a team player No speafic reasons were given for the treatment that I was receiving but any misfake made in thedepaAment was my fault and nothing that I did was good enough I was being criticized for everything but then he would produce mywork in meetings with other employees and tell them how they needed to submit the same type of quality work that I provided instead of ablank piece of paper After it became too much I met with the Human Resources Director and she scheduled mentoring session to takeplace on a daily basis for one hour per day for months between January and March and used my mentoring sessions with her to help medevelop skills on how to work in a hostile environment and strategies to attempt to become successful in my position again During thistime the Human Resources Director requested that Alfredo Cardenas prepare a set of expectations for me so that I would know what wasexpected of ine These expectations were never provided to me On April 2 2012 Archie Washington the Waste ManagementSuperintendent who managed the Fleet Division resigned due to the bullying and harrassment he was experiencing from AlfredoCardenas On April 3 2012 Affredo Cardenas came into my office and informed me that I was being reassigned to the Fleet Division andwould be working as the Interim Fleet Coordinator until this position could filled At this timeIquestioned Alfredo Cardenas informing himthat I did not have a mechanical background and did not feel comfortable or qualified to accept the position This was not an option and Iwas moved anyway I went to HR and spoke with Kim Braun asking rf there was anything I could do to refuse lhis request because I felt asihough I was being set up to fail with this assignment she informed me that I did not have any recourse and that he was allowed toreassign me to that position I began down at Fleet on April 4 2012 I was instructed to make changesdown at Fleet with no direction ofwhat changes should be implemented I worked with tfie staff at Fleet to implement new priorities and Alfedo Cardenas reacted positivelyto this and I seemed to be in his good graces again for a while The City recruited for the Fleet Services Coordinator position 1 did notapply for this position After the recruitment had expired Alfredo Cardenas reviewed the applications and called me into his office Hequestioned me as to why I did not apply for the position and I informed him that I was concered because 1 did not have the expeAise theposition was requesting and it was not a field that i felt I wanted my career to lead to He was not happy with this answer and stressed thepay increase to me I irrformed him ihat for me it was more than money I wanted to enjoy my job and be comfortabie with what 1 wasdoing interviews for the position were held and all applicants were rejected The Fleet Services Coordinatorjob description was modifiedto reflect more of an administrative function this inGuded a title change to Fleet Services Administrative Coordinator Prior to the positionbeing reCruited for I was again called into Alfredo Cardenas office He informed me that he wanted me to apply for the position Iexpressed my concems to him about not having a mechanical background and he assured me this was not an issue that he had revisedthe job description I then expressed my concerns with going back on probatio he further informed me that I had nothing to worry about

1 let him know that I would think about it but I was ot sure that I would apply for the job After this conversation with Fred I was informedby another party that the Quality of Lrfe Department was going to be going through another reorg and that there was a potential that myposition as Senior Adminsuative Analyst going to be eliminated and I may want to consider applying for the Fleet Service AdministrativeCoordinator Position When the Fleet Services Administrative Coordinator position opened for recruitment I was on vacation in New YorkI received an email a text and a phone qll asking if I would be able to submit my application on time and was told that the submissiondate oould be extended if I needed it to be because I was out of town I was able to submit my application while I was away on vacationand an exkensio was not required I was promoted to Fleet Services Administrative Coordinato on July 9 2012 I received an email fromAlfredo Cardenas asking me to inform Danielle Garcia to prepare a memo and Personnel Action Form starting me at a step B pay rangeAt this time I sat down with Affredo Cardenas and explained to him that I had concems with going back on probation and requested thatprobation be waived He was not in favor of doing so butsaid that he would talk to the City Manger about this and get back to me Later

that day I was infarmed that there would be no waiver for the 6 moth probation period One month after I was promoted August 122012 1 was involved in an off duty m hide accident which put me offwork for 9 weeks o While I was out I was in constantcommunication with various employecie of which informed that Alfredo Cardenas to them t hen I returned Iwas going to be in aliving hell at work I went into Human Resources and made them aware of this comment and my concerns of arriving back to work withthat threat pending I informed them that I would not tolerate his bullying and put them on notice that I would be seeking outsideassistance if his actions became agressive or retaliatory in any way Upon my return on October 15 2012 I attended a meeting withAlfredo Cardenas DanielleGarcia and my union rep Mary LaPlante during which I was informed that I was being terminated and wouldnot pass probation for the Fleet Services Administrative Coordinator position that I has been promoted to on July 9 2012 During thismeeting I was not given any reasons as to why I was being terminated only that 1 had an option to return to my previously heid position ofSenior Administrative Analyst Alfredo Cardenas went on to inform Mary LaPiante and me that he was currently preparing my evaluationfor the Senior Adminstrative Analyst position that was due on May 15 2012 and that evaluation was not going to be favorable Hesuggested that I resign from the Fleet Services Administrative Coordinator position so that it would not reflect negatively on my resumeDuring this meeting Mary LaPlante my union rep informed Alfredo Cardenas that she would be filing a grievance in response to thismeeting for retaliation based on my being out on FMLA because I was not returned to my former position upon being released from mydoctors to come back to work She further informed him that he was in violation of the law by acting in this fashion A grievance was filedon October 17 2012

DFEH3000300412 DATE FILED Oct 25 2012 STATE OF CALIFORNIA

DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING COMPLETED Oct 25 2012Page 2Y1

AatNPlCttr

I i EMPLOYMENTe CALIFORNIA OEPARTMENT OF FAIR EMPLOYMENT AND HOUSING

ij COMPLAINT OF DISCRIMINATION UNDER THE PROVISIONS OF THE CALIFORNIA FAIR EMPLOYMENT AND HOUSNGACTaui

Ec01U ivB R

COMPLAINANT NAMEChristine Smith

DFEHIhGURYNUti1BR

5581026482

NAMDIS THE EMPLOYER PERSON LABOR ORGANIZATION EMPLOYMENT AGENCY APPRENTICESHIP COMMITTEE ORSTATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME

RESPONDENT NAMECity of Redlands

AGENT OF SERVICE NAME

Alfredo Cardenas

TELEPHONE NUR4BER

9097987655

CITYSTATEZIP

REDLANDS CA 92373

ADDRESS AGENT OF SERVICE35 CAJON STREET PO BOX 3005

NO OF EMPLOYEESMEMBERS DATE MOST RECENT DISCRIMINATION TOOK PLACE450 Oct 25 2012

CORESPONDENTS

NAME ADDRESS PHONE NUMBER

TYPE OF EiV1PLOYER

StateLoca1Govt

By submitting this complaint I am dedaring under penalty of perjury under the laws of the State of California that the foregoing is true andcorrect of my own knowledge except as to matters stated on my information and belief and as to those matters i believe it to be true

Dated October 25 2012 At Redlands

DFEH3000300412 DATE FILED Od 25 2012 STATE OF CAIIFORNIADEPARTMENT OF FAIR EMPLOYMENT ANO HOUSING

COMPLETED Oct 25 2012Pn

pPrV y

STATE OF CALIFORNIA Stat Consumer Services Agency GOVERNOR EDMUNDG BROWN JR

DEPARTMENT FAIR EMPLOYMENT HOUSINGDIRECTORPHYLLISW CHENG

2218 Kausen Drive Suite 100 I Elk Grove I CA I 957588008841684I Videophone9162265285I TDD8007002320wwwdfehcagovI email contactcenter@dfehcagov

May 21 2013

Christine Smith1721 E Colton Avenue Space 41Redlands CA 92374

RE 450 Day NoticeDFEH Number 5581026482Smith City of Redlands

Dear Christine Smith

Your complaint has been on file for 150 days and the Fair Employment and Housing Actrequires that we notify you of your right to request a Right to Sue notice which willauthorize you to file a private lawsuit in a California Superior Court on your own behalfThis letter is your notification of your right to request a Right to Sue notice

If you request a Right to Sue DFEH will discontinue its investigation and close yourcomplaint If you choose to exercise this option you must

1 Notify DFEH in writing of your request and2 File your lawsuit within one year from receipt of the Right to Sue notice

In all correspondence pleaseinclude your matter reference number 5581026482 andmail it to DFEH 2218 Kausen Drive Suite 100 Elk Grove CA 95758 Or you may usethe online system at wwwdfehcagovto upload correspondence check the status ofyour complaint or send a message to your investigator To gain access to the onlinesystem please contact me

If you do not request a Right to Sue notice DFEH will continue to investigate yourcomplaint and you do not need to respond to this letter A Right to Sue notice witlthen be issued upon conclusion of our investigation or one year after your complaintwas filed whichever comes first

Sinceely

Collee JanatpourConsultant II9165857086

EXHIBIT F

Smith Christine

From Smith Christine

Sent Tuesday October 30 2012 520 PMTo Garcia DanielleCc Cardenas Fred Braun Kim

Subject RE SB County Invoice832012

Attachments Emai170pdfAll

I was able to go to Fleet today to pick up my personal and professional items Unfortunately my 2 PurchaseRequisition books are no longer in my desk and per Jeff Alcala the PR book that the mechanics used is alsomissing I spoke with Jocelynn to see if she had my 2 Purchase Requisition books and she informed me thatshe gave my book to Fred a week ago When I asked Fred rf he had my Purchase Requisition book heacknowledged that he did When I asked if I could have it in order to respond to thisemail he refused to giveit to me and asked that I note in my response that he refused to give it to me therefore I am unable toprovide a full response to questions 1 2 and 3 listed below

Below is a statement of what I do know regarding these repairs

The total cost for PMIs that we requested the County perform on Solid Waste vehicles was not to exceed2500 The total charges being billed for these services is146200which is within the amount budgetedfor the services

The total work orders that should be applied to FY 20112012 is422128The total work orders that should be applied to FY 20122013 is514112I have confidence that if you request documentation from Fleet staff they will be able to provide you with

more in depth answers and additional supporting documentation than I can since I have been removed fromthat office

Each of the work orders attached to the invoice is for individual repair requests for a variety of vehicles andnot one repair See table below

WORKORDER

0000204077

DATE

62312

FISCAL DESCRIPTION COST

YEAR

20112012 90 day safery 15750inspection

0000204084 I 62312 I 20112012 90 day safety I 15750inspection

INTENDED PAYMENTMETHOD

Spoke with FredCardenas about the

need to have past duePMIsbought currentHe agreed that Fleetcould prepare aPurchase Requisition foran amount not to exceed

2500 to have Countydo past due PMIsonSolid Waste Fleet I donot have PR informationas I was denied access

to my PurchaseRequisition books toverify this informationSpoke with FredCardenas about theneed to have past duePMIsbrought currentHe agreed that Fleetcould prepare aPurchase Requisition for

1172412

0000204083 623l12 2011 2012

62312 I 20112012

0000204075 62312 2011 2012

0000204079 62312 20112012

90 day safetyinspection



90 day safetyinspection travel time

15750

15750

15750

50

amount not to exceed500 to have County

do past due PMIsonSolid Waste Fleet I donot have PR informationas I was denied access

to my PurchaseRequisition books tover this information

Spoke with FredCardenas about theneed to have past duePMIsbrought currentHe agreed that Fleetcould prepare aPurchase Requisition foran amount not to exceed2500 to have Countydo past due PMIsonSolid Waste Fleet I donot have PR informationas I was denied access

to my PurchaseRequisition books toveri this information

Spoke with FredCardenas about theneed to have past duePMIsbroughtcrrentHe agreed that Fleetcould prepare aPurchase Requisition foran amount not to exceed2500 to have Countydo past due PMIsonSolid Waste Fleet I donot have PR informationas I was denied access

to my PurchaseRequisition books toveri this information

Spoke with FredCardenas about theneed to have past duePMIs brought currentHe agreed that Fleetcould prepare aPuchase Requisition foran amount not to exceed2500 to have Countydo past due PMIsonSolid Waste Fleet I donot have PR informationas I was denied accessto my PurchaseRequisition books toveri this information

Spoke with FredCardenas about theneed to have past due

1172012

J

0000204074 I 62312 I 2011 2012

0000204073 I 62312 I 2011 2012

0000204155 62212 2011 2012

0000204154 62812 2011 2012


90 day safetyinspection 8 travel time

Replace water pumpreplace upper andlower radiator hosesreplace all belts

Check fault codes Air

inlet inactive checkradiator air pathplugged tried to cleanout but need bigger aircompressor returnand clean out radiator

air path replace bladeangle hydraulic hosesand replace inlet air

15750

25850

136595

139333

Is brought currente agreed that Fleet

could prepare aPurchase Requisition foran amount not to exceed

2500 to have Countydo past due PMIsonSolid Waste Fleet I donot have PR informationas I was denied access

to my PurchaseRequisition books toverify this informationSpoke with FredCardenas about the

need to have past duePMIsbrought currentHe agreed that Fleetcould prepare aPurchase Requisition foranamount not to exceed

2500 to have Countydo past due PMIs onSolid Waste Fleet I donot have PR informationas I was denied access

to my PurchaseRequisition books toverify this informationSpoke with FredCardenas about the

need to have past duePMIsbrought currentHe agreed that Fleetcould prepare aPurchase Requisition foran amoutnot to exceed

2500 to have Countydo past due PMIsonSolid Waste Fleet i do

not have PR informationas I was denied access

to my PurchaseRequisition books toverify this informationPR 75003 bidinformation and copy ofPR that was prepared byJeff Alcala is attached tothisemail

I do not have anyinformation regardingthis repair as I wasdenied access to the

necessary PurchaseRequisition books asstated above JeffAlcala would have been

the staff member who

obtained the 3 quotes

1172012

I temp switch

0000204871 I 7212

0000205072 I 72012 20122013

20122013 Replace hydraulichose Speed reducerretum line to return

manifoid

0000205071 72012 20122013

0000204139 I 7312 20122013

72012 I 20122013

1172012

500 hour service

completed lubedpulled oil samples

500 hour service

completed lubedpulled oil samples

Level A Service 45day bus inspectioninspection onwheelchair lift

No description ofservices noted on thisWork Order

dI do not havesupportingdocumentation that this

was compieteo

40665 Dueto the dollar amount

of this repair it wouldhave been processed ona short form and most

likely not competitivelybid out

131452 I do not have anyinformation regardingthis repair as I wasdenied access to the

necessary PurchaseRequisition books asstated above JeffAlcala would have beenthe staff member who

obtained the 3 quotesand I do not have

supportingdocumentation that this

was compietea

131566 I do not have anyinformation regardingthis repair as I wasdenied access to the

necessary PurchaseRequisition books asstated above JeffAlcala would have beenthe staff member who


supportingdocumentation that this

78815

131614

was compietedDue to the dollar amountof this repair it was mostlikely not competitivelybid out

I do not have anyinformation regardingthis repair as I wasdenied access to the

necessary PurchaseRequisition books asstated above JeffAlcala would have been

the staff member who


suppotingdocumentation that this

wascompleted

Clstwe Svctuorzeravdscao ure pepareoQcsvicCcirUreavJsnio

From Garcia DanielleSent Monday October Z9 2012 631 PMTo Smith ChristineCc Cardenas FredSubject SB County Invoice832012

Christine

Finance has raised a timely issue of an invoice a copy of which is attached from August 3rd in the amount of936245due to San Bernardino County Please review the attached and provide thefollowingPer Fred

1 Details on how the services were competitively sourced2 Authority to pay the invoiceie PR PO DV3 Backup documentation for the 2 items above

This issue is urgent and requires your response by COB Tuesday October 30

Thank youDanielle

DauePeGarcaSr Project ManagerQuality of Life Department9097987507

dqarciacrciryofredlandsorg

1172012

Prepared by DatAuthorized byv Date

Person to contact ifquestions arise Ext

37 3q2dDeliver order co DepL

Required delivery by Equip

Account Number r

1

l1

0

Purchase Requisition PR 7 5 0 0 3Requesting Dept

Suggested Vender er qr

Phone 3Web Site

For use by Purchasing Deptoy

PO DATE

J apply to entlre order5

for Unes 5 7

6

Additional Instruct9ons Comments

IEstimated Tax

ceac

CEACitmployees Associates

2918 E 7 StreetLong Beach CA 908045624336983 voice5624331264 fax

cea@cityemp lo yees net

November 12 2012

Ms Deborah ScottLeistra

Human Resources Director

City of Redlands35 Cajon Street Suite 200Redlands California 92373

Subject Violence in the Workplace toward Christine Smith

Dear Ms Leistra

I have been made aware that a violation of the CitysViolence in the Workplace Policy mayhave taken place in a meeting on November 7 2012 between Fred Carderas and ChristineSmith with Kimberly Braun present This correspondence is to report the incident andrequest that an investigation be conducted by a neutral outside investigator

It was reported to me that Mr Carderas became angry and was yelling at both Ms Smith andMs Braun Reportedly Mr Carderas became so angry that he stood up from the conferencetable in his office pushed the chair hard enough that it banged against the wall behind himproceeded to his desk to retrieve something and in the course of moving to his desk heshoved the chair that Ms Smith was sitting in and proceeded to shove the chair again whenhe returned to the conference table area

Ms Smith has report that she is fearful of Mr Carderas Should these accounts be found tobe true Mr Carderas has violated the CitysViolence in the Workplace Policy

We further request that Ms Smith be placed on paid administrative leave pending theoutcome of an investigation and the assurance of a safe working environment

We request a meeting with you and an investigator to discuss this violent act and other angerissues that have lead up to this acceleration of violence

Respectfully


EXHIBIT H

ctt

REDLANDSIniriralriISi

llcIltijfll1Cilll f i

IklI1 4r1121 II 11I11

nmirtiniiiiiIlinirih4ucirr

December 13 2012

CMary LaPlante Labor RepresentativeCity Employee Associates2918 East 7th Street

ong Seach CA 90804

Re WORKPLACEVIOLENCE ALLEGATION

On November 12 Z012 you sent a letter alleging a violation of the Citys Violence in the WorkplacePolicy The letter stated in part

It was reported to rne that Mr Cardenas became angry and was yelling at both MsSmith and Ms Braun Reportedly Mr Cardenas became so angry that he stood upfrom the conference table in his office pushed the chair hard enough that it bangedagainst the wall behind him proceeded to his desk to retrieve something and in thecourse of moving to his desk he shoved the chair that Ms Smith was siteing in andproceeded to shove the chair again when he returned to the conference table area

sShoulfhese accountsbe found to be true Mr Cardenas has violated the Citys Violence in the WorkplacePolicy

The City hasaPolicy Against Workplace Violence which provides in part

1 ON THE JOB

There are situations where relationships between employees or between andemptoyee and the supervisor result in strong negative feelings by the individualsinvolved Any persons involved in situations where they fear that physicalretaliation may occur or where someone has made verbal threats of physicalviolenc should immediately discuss irwith their supervisor or with managementif the supervisor is invotved

I do not believe that Fred Cardenas Cardenas violated the above policy F3e did not make verbalthreats of physical violence and there was insufficient indicia that physical retaliation may occur

The City also hasaPolicy Against Bullying which provides in part

The City of Redlands defines bullying as repeated inappropriate behavior eitherdirect or indirect whether verbal physical or otherwise conducted by one or morepersons against another or others at the place of work andorrn the course ofemployment Types and examples of such behavior are listed below Such behavior

S AUtrTaerWacs

of 2

violates the Redlands City Values City of Redlands Code of Ethics and the City ofRedlands Pecsonnel Rules and Regulations

The purpose of this palicy is to communicate to all employees includingsupervisors managers and executives that the City of Redlands will not in anvinstance tolerate bullying behavior Employees found in violation of this policyincluding supervisors will be disciplined up to and including termination

Bullying may be intentianal or unintentional However it must be noted that wherean allegation of bullying is made the intention of the alleged bully is irrelevant andwill not be given considerarion when determining appropriate discipline As inharassment it is the effect of the behavior upon the individual that is important TheCity of Redlands considers the following types of behavior examples of bullying

VERBAL BULLYING slandering ridiculing or maligning a person or hisherfamily persistent name calling which is hurtful insulting or humiliating using aperotastuttfjokesabsuadoffesivererarks

Shouting raising voice at an individual in public andor in private

Not allowing the person to speak or express himherself one on one or ingroupsmeetingsieignoring or interrupting

Constant criticism on matters unrelated or minimally related to the persons jobperformance or description Repeatedly accusing someone of errors whichcannot be documented

Let me assure you that Mr Cardenas has been made fully aware of the above City policies and that Ihave zero tolerance for bullying andorworkplace violence

Respgctfully

AEnrique IvtartinezCity Manager

sw

EXHIBIT I

E

i i

fy OT

ncocporaced i883

CitcRedlands35 Cajon Street Suite 222 Rclands Ct 42373

9097987583

fcardcnasgcityofredlandsorg

ALFREDO CARDEIpDirector

January 8 20 i 3

Christine Smith

i 721 East Colton4Redlands California 92374

Dear Ms Smith

Pursuant to Personnel Rule and Regulations III C your probation period as Fleet ServicesAdministrative Coordinator is rejected You will revert to yoar farmer position of SeniorAdministrative Analyst effective January 8 2013

Si cerely

Alfredo CardenasQoL Director

Cc

Debbie ScottLeistra Human ResourcesRiskManagement DirectarSteve Filarsky

i1i

CITY OF REDLANDSPERSONNEI ACTION FORM

NaMe oF EnnPovEe Christine Smith

ePaRrMrrQuality of Life

ErnPLOYEE NUMBER 391

OISTRIBUTION ACCOUNT NUMBER 5O VO7SOO 50 511441400072001

EFFECTIVE DATE 1ZO13

WORK SCHEDUIE 9SO

CLASS CODE

108 NUMBER

FUILTIMEYM N

NW PARTTIME

ATW ClAS51FtCA714NREHIRE

CONTRACT GE IOURYRqT RNNUAI RATE S

Y ELATEDCNAbjGES

TYPE OF CHANGEW

H a

V

AMOUNT

IOEPARTMENT CIASStFICATION RANGE STEPHOURLYMOffTHIY

I FOM I Quality of Life Fleet Services Administrative Coordinator MM40 28 280 q9o2000

ro Quality of Life Senior Administrative Anai st MM25 s 24359 S4zzz000

REASON fOR CHAfdGE

Promotional probation rejedion eturn to previous position of Senior Administrative Analyst

J1lPAMGTYP Of Cl1ANf rcbSOiv FaR CHAPIGE

CERTfFICATION

INCENTIVE

P RATJOIV

TYPE OF SEPARATION

ADDITIONAL COMMENTS

RECOMMENOEO

APPROVEO

RESOURtES DIRECTOR1820739Q3am

EXHIBIT J

City of

tlncorporated 18S

5 Cajon Street Redlands CA 92373EiRIQUEwRrmiEZ 9097987510

City Manaer nzmnrtinezracityofrcdlxndsorg

January il2013

Mary LaPlante Labor RepresentativeCity Employee Associates2918 East 7th Street

Long Beach CA 90804

entlliaEmailnlaplanteCacityemployeesnet

Christine Smith

Quality of Life Department City of Redlands

Sent Via Email chris 24 smithayahoo com

RE CHRSTINE SMTH GRIEVANCE PROMOTIONAL PROBATIONARY REJECTIONDear Ms LaPlante

On October 17 2012 Christine Smith Smith filed a grievance On November 1 2012 HumanResources Manager Kim Braun Braun and attorney Steve Filarsky Filarsky met with Smithand you in an attempt to informally resolve the issue they were not successful On Novemher 82012 you renewed your request for a meeting with me On November 15 2012 I conducfed agrievance meeting Smith you Human ResourcesRisk Management Director Deborah ScottLeistraScottLeistra and Filarsky were present

You alleged that Quality of Life Director Fred Cardenas Cardenas had brought Smith in upon herreturn from medical leave and told Smith you are being fired I am terminating your positionand we found many errors in your absence According to you Cardenas was aggressive and outof line and refused to provide any examples of alleged errors Cardenas also told Smith that herpast due evaluation due in May was going to be poor You and Smith alleged that Cardenas wasretaliating against Smith based on her use of Family Medical Leave FMLA You also assertedthat several employees had been solicited by Cardenas to identifydig up performance issuesretated to Smith while Smith was absent on FMLA leave

Smith was reclassiedto a Sr Administrative Analyst on July 1 2011 Smith was promoted to FleetServices Administrative Coordinator on July 9 2012 On August 20 2012 Smith went out on

medical leave of absence due to an unfortunate automobile accident in which she was injured Itwas during this absence that Cardenas identified performance issues that preceded Smithsabsence Cardenas concluded that such performance issues could not be condoned Cardenas did in

Alleged gender discriminetion and violation of Skelly rights aised in the October 17 2012 grievance were notaddressed during the meeting

sAawo

of2

fact ask several employees for information related to some of those performance issues While ithas been characterized as building a case t would characterize it as researching the matter

I was aware that Cardenas intended to reject Smithsprobationary promotional appointrnent uponreturn from family medical leave I was also aware that this rejection was based on performanceissues identified during Smiths absence i will concede that Cardenas handling of the meetingupon Smiths return was less than ideal

Smith has previously contended that she was promoted against her will Whether true or not shewas promoted to a position that she was not prepared for a position that required her to be a selfstarter She did not have the benefit of a transition or training period In short her odds of successwere very slim from the start

Pursuant to Personnel Rule ItlC a promotional probationary employee may be rejected at anytime by the appointing authority without cause and without right of appeal or grievance orhearing The quantum of reasonscause to reject a probationary appointment is significantly lessthan the cause necessary to demotepermanentmplAslnnastheunderlingeasonsarenot based on protected class and do not violate ones civil rights probationary rejection isappropriate and legal

In this case there is no evidence of discrimination andorretaliation particularly as it relates to theuse of FMLA While Cardenas reasons may or may not be agreed with by Smith there is asufficient basis to reject Smith on probation However Smith reverts to her prior position Theappropriate language of the Personnel Action Form will be promotional probation rejection revertto prior position of SeniorAdministrative Analyst

Cardenas will be directed to provide Smith with a past due performance evaluadon further he willbe directed to consult with Human Resources staff before such an evaluation is issued to Smith

Finally Cardenas will be directed notto engage in any retaliatory actions upon Smiths return to herformer position of SeniorAdministrative Analyst

Res ctfully

N Enriyue arti ez

City Man ger

IFD AxrWo

EXHIBIT K

4r0hmeM7

City of Redlands

PERFORMANCE APPRAISALperormancep

Employee Christine Smith Hire Date 11152006 Position Senior Administrative Analyst

Department Quality of Life Department Division GENERAL Location

Review Peiod OS152011 OS142012 Appraiser Cardenas Fred 100a

Appraisal Overview

Factor 100

Accoutability

Adaptability

Analyticai Skills

Appearance Grooming

Attitude

Communication

Dependability

Ethics

Job Knowledge

Leadership

Follow Through

Performance Factors

5

5

10

S

5

10

10

10

5

20

15

Goal0

College Goal


Cost Centers

50

25

25

Accoutability So Summary Weight Rating Score


The degree to which one is answerable and resposible for actionsand performance either individually or on a team Employee 400 400



Does notdemonstrate followthrough Occasionally shirks responsibility or isFrequently makes excuses ordoes not not accountable for actions Doesnt

accept resposibility for onesown always meet deadlines Improvementactions is needed in recognizing areas of

responsibility

3 Contributor

Generally is accountable for actions ofself or team Usually assumesresponsibility for assignments adtimelines


Frequently isconscientious about Always is totally accountable for thebeing answerable and accountable for performance and actions of self orthe actions of self or team Can be team Completely understands jobcounted on to meet responsibilities requirements and works inand timefines accordacewith expectations

Assumes full resposibility for dutiesassignments and timelines

Q Comments

httpscityofredlandsperfprohrnonlinecomviewappraisalphpprintviewlviewtypef2272013

Appraiser Comments Christine needs to better communicate with her supervisor and coworkers in order to improve her workproduct and to be able to meet her deadlines

Employee Comments

Adaptability So Summary Weight Rating Score


The degree to which one demonstrates openness to change and newideas Ability to adjust to changing work requirements and respod Employee

to new situations


1 UnaCCeptabie

Negative toward change Reluctant orunable to adapt to new situations

Frequently resists change causingproblems and delays

2 Needs Improvement

Demonstrates a generat resistance tochange Can adapt to new situationsbut only when forced

iIi7I

3 Contributor

Generally ot resistant to changeCan adapt to many situationsrequiring a detour from established

procedures if given reasonable time toadapt


Adjusts weli to most situatiosor Fits well into virtually anychanges Supportive and proactive in assigment Utilizes new ideas toeffecting changes and improving improve operations Seeks to

processes effectively assimilate change intoproductive processes

Comments

Appraiser Comments Christine is adaptable and willing to change course on her assignments She does this will littleresistace

Employee Comments I am knowledgeable in various areas of the department and am abie to provide coverage and assist inareas whenever needed I learn quickly and adapt to new assignments quickly

Analytical Skills 10 Summary Weight Rating Score


The ability to observe evaluate summarize and apply meaningfuldata in theproblem solving process The level of logical reasoning Employee

necessary to connect required actions to desired outcomes The

ability to forecast events based upon current situationsDemonstrated skill in generating alternative solutions to problems


i Unacceptable 2 Needs Improvement

Analytical skills are ineffective Analytical skills are poor Oata are notRelevatdata are not used in problem carefully evaluated or applied tosolving Recommended processes and problem solving Planing issolutions inhibit realizing ineffedive Processes to supportorganizational goals Observation and orgaizational goals are not practicalevaluation of data are irrelevant or not identified

4 Valued Performer

Analytical skifls are very 9oodProblem solving and planningprocesses are based on reasonable

data Specific actions aesuggestedto achieve organizational goals

S High Performer

Analytical skills are superiorMeaningful data are consistentlyapplied to problem solving andplanning activities Specific actions

and strategies are clearly outlined to

500 500

3 Contributor

Analytical skills are good Data arecollected and used to solve problemsSuggestions and plans support

organizational goals Observation andevaluation skills are adequate


Observation and evaluation skills achieve organizational goals

applied effectively Observation and evaluation skiils are

excellent

Q Comments

Appraiser Comments Christine is very capable of performing her analytical assignments but must improve by gathering more

relevant data using the appropriate analytical methods and use sound judgements in the performance of her assignments Thiswill improve her work product Christine must aiso focus on the required project results in order to meet departmental goals

Employee Comments am very competent with creating several different types of analysis I create master spreadsheets inExcei to track a variety of information inciuding budget tracking for the QOL department vehicle tracking information and am

abie to create a variety of other analysis information as requested

Appearance Grooming 5 Summarjr

AppraiserThe degree to which the employeesappearance clothing and

grooming represent the standards of the company Demonstrated Employee

willingness complywithestablishedrulesforappearanceand

grooming

0 Factor Rating Details


Frequently violates established Occasionally violates establishedappearance and grooming standards appearance and grooming policiesDisregards company clothing Unprofessional clothing grooming

grooming andor appearance andorappearance have a negativepolicies Significant improvement is impact on the company Not alwaysrequired immediately willigto comply with established

policies and business requirementsImprovement is needed


Grooming clothing and appearance Grooming and appearance are veryreflect well upon the company and are professional and appropriate to jobappropriate to job resposibilities responsibilities Willingness to complyCompliance with established with established policies isstandards and policies is very good exceptional Acts as an example to

Weight Ratig Score

100 400 400

400 400

3 Contributor

Appearance and grooming generally

meet established policies andstandards Usually represents the

company with a professionalappearance that is appropriate to theposition

other employees

Comments

Appraiser Comments Christine dresses appropriately For her position

Employee Comments

Attitude So Summary Weight Rating Score


The degree to which one is positive constructive and supportivetoward customers employees and the company The level of Employee

enthusiasm and commitmentdemonstrated in job perfomance

Factor Rating Detaiis


Almost always displays a poor Frequently demonstrates a poorattitude toward customers attitude toward customersemployees or the company Negative employees or the company Negativebehavior demoralizes others and impact on others is noticeable

500 500

3 Contributor

Demonstrates constructive and

supportive behavior in mostsituatios Performs job duties with

adequate commitment


1 VlLVl1l1U1lVV i V

adversely impacts the companqmmediate change is necessary


Sustains a constructive supportive Always demonstrates positiveattitude in most situations Job constructive supportive behaviorcommitment and enthusiasm Projects enthusiasm and commitmentmotivate others in all aspects of job performance

Consistently motivates others

Q Comments

Appraiser Comments Christine has a good attitude towards her assignments and coworkers She makes herself availablewhen asked to

Employee Comments I keep a positive attitude and try to inspire others to be positive as weil I assist in areas that I can

Communication 10 Summary

A rai5erpPThe ability to effectively converse and listen to others concerning

company matters The useof proper written and grammatical skills Employee

and the meaningful application of computer technologyemail

Internet etc



Communication skills are inadequate Communication skills are lacking infor teaching Lmmediate improvemet some areas Verbal communication

is necessary in one or more key areas skills of listening and speakinglistening speaking writing using impede job performance Morecommunicatio technology effective use of communication

technologies is needed Writtendocuments do not covey information

clearly


Communication skills are very good Communicatio skills are superior

listening and interpersonal skills are Listening ad interpersonalabove average Effectively uses most communication skills strengthenavailable communication technology others Effectively uses all availableWritten documents are usually clear communication technology Writtenand concise documents are clear concise and

wellcostructed

Weight Rating Score

100 300 300

400 400

3 Contributor

Communication adlistening skills are

good Effectively uses some availablecommunication technology Writtendocuments covey informationappropriately

Comments

Appraiser Comments Christineswritten communication is adequate for her position She must improve her listening skills bytaking more notes and askigmore questions Her staff reports require more research and structure

Employee Comments

Dependability 10 Summary Weight Rating Score


The degree of followthrough on assignments The degree to whichthe employee can be counted on to complete assignments in a timely Employee 500 500

and competent manner The degree to which the employee is selfdirected takesiitiative and is proactive



1 Unacceptable

Dependability is a significant problem

Followthrough or unwillingness tocompiete tasks frequetly leavesother staff members in adverse

situations or requires other staff to

take on additional responsibilitiesAbsenteeism excluding legallyrequired leave has impacted job

performance

2 Needs Improvement

Oependability is a probiem Lack of

followthrough or unwillingness tocomplete tasks occasionally leavesother staff members in adverse

situations or requires other staff to

take on additional responsibilitiesAbsenteeism excluding legallyrequired leave has impacted job

performance

3 Contributor

Can usually be counted on tocomplete assignments correctly and

in a timely manner A few exceptions

may occur

4 Valued Performer S High Performer

Can be counted on to complete Always completes assignments timely

assignments in a timely and thorough and thoroughiy Frequently worksmanner Consistently meets or beyond expectations demonstratingexceeds expectations exceptional initiative

Comments

Appraiser Commenes ChisEine is moresuccessful wfien she ivoks ongroup assignrrients and are written and structured

Employee Comments I am dependable and am flexable to make changes in my work schedule expertise depending onwhat is needed by the department

Ethics

The level of trustworthiness character professionalism

cofidentiality and honesty in dealing with internal or external

customers

Q Factor Rating Details

1 Unacceptable

Violations of the companys ethicspolicy have occurred or misconductrelative to ethical situations is

deemed serious

10 Summary

Appraiser

Employee

2 Needs Improvement

Although not yet serious someconcerns regarding ethics have

occurred and need to be dealt with to

prevent further problems Suchincidents may be a result of lack ofconfidentiality or poor judgment

4Valued Performer S High Performer

The individual demonstrates a high The individual is above reproachlevel of ethics in dealing with both Honesty trust and ethical behaviorintemal and exteralcustomers Is are exceptional in all businesshonest and trustworthy in all business relationshipsdealings Confidentiality isconsistently demonstrated

Comments

Appraiser Comments Christines ethics are acceptable

Employee Comments

ob Knowledge 5 Summary

Appraiser

Weight Rating Score

100 300 300

500 500

3 Contributor

s a trusted and honest employee whounderstands the compaysstandardson ethics and tries to abide by theestablished guidelines Anyindiscretion would not be intentional

but occurs because of lack of

understanding

Weight Rating Score

100 300 300

httpslcityofredlandsperfprohrnonlinecomviewappraisalphpprintviewlviewtypef2272013

The depth and breadth of knowto perform essential duties and Employee 400 400

functions of the job The level of compliance with degree

certification and training requirements Understanding of how

individual job performance furthers organizational objectives

Willingness to update and expand skilis knowledge and training


1 Unacceptable 2 Needs Improvement 3 Contributor

Does not understand or perform theessential duties and functions of the

position which results in significant

performance problems Trainingcertification andordegreerequirements have not been metFails to understand how marginal job

knowledge and poor performanceimpact organizational operations

4 Valued Performer

acks sufficient knowhow to do

assigned tasks May not have acomplete understanding of essentialduties and functions of the positionMay lack full awareness of how jobperformance impacts the

organization May have failed toupdate training certification andordegree requirements

5 High Performer

Demonstrates strong job knowledge Demonstrates extremely broad andand ability in performing he essential deep job knowledge and exceptionalduties and fuctions of the position ability in performing the essentialMeets or exceeds de9ree duties and functions of the positioncertification and training Meets or exceeds degree

requirements Understands role within certification andortrainingthe organization and how requirements Thoroughly

performance of assigned duties understands the significance of job

impacts the companys success responsibilities relative toPursues ongoin9 training and organizational goals and objectives

development to improve job Has significant understanding of

knowledge Has good understanding related jobs ad functionsof related jobs and functions Aggressively pursues ongoing training

and development related toexpandigjob knowledge andeffectiveness

Possesses sufficient knowhow to

understand and perform the essential

duties and functions of the positionMeets degree certification and

training requirements Possesses ageneral knowledge of departmentfunctions and company operationsUpdates skills training andcertifications as required

Comments

Appraiser Comments Christine mustegage in more data research related o her assignments and put more quality time intoher assignmetsShe must ask more questions in order to focus on what information she needs to improve her work product

Emptoyee Comments I have a greater knowledge of tracking and spending moneys budgeted I am confident when preparingvarious analysis requested by departments

Leadership

The ability to effectively lead others in achieving stated duties andassignments The degree to which the manager demonstrates a

positive exampie in leading staff toward achievement of company

goals and mission

Factor Rating Detaiis

1 Unacceptable

200 Summary Weight Rating Score


Employee 400 400

2 Needs Improvement 3 Contributor

Completely lacks ability to 9uideothers due to lack of effort desirevision or positive attitude Leadership

skilis are inconsistent with companyvalues

Ability to guide others is limited dueto lack of effort desire vision orpositive attitude Leadership skills are

inconsistent with company values

Focus and direction is good andusually consistent with desiredresults Leadership skills are adequate

but further development may beeeded Generally shares companyvalues and demonstretes a positive

attitude toward organizationalobjectives



Shares and promotes company values Seen as an exemplary role modeland goals through effective contributor and leader Holds self and

leadership Encourages and mentors others accountable to high standardsothers as needed Inspires associates to higher levels of

performance

0 Comments

Appraiser Comments Christiane must improve her leadership skills to be more in conformance with departmentalgoals andobjectives

Employee Comments

Follow Through

Appraiser

15 Summary Weight Rating Score

100 200 200

The demonstration of reliability and a full commitment to completeassignedresQonsibilitieswithminimalsupervision A willingness to Employee 400 400

take responsibility for actions solve problems as they arise keep allparties fully informed and stay with a job through al stages ofcompletion


1 Unacceptable

Follow through is inadequate Shirksresponsibility for assignments andproblems Involved parties are oftennot informed of project statusProjects are oRen left unresolved and

incomplete Requires significantsupervision

2 Needs mprovement

Foilow through is inconsistent Doesnot always take responsibility for

assignments and problems Projectsmay not be completed on timebecause of a lack of commitment or

inability to solve problems Involvedparties are sometimes not informed ofproject status May require continualsupervisio and input

3 Contributor

Follow through is good Projects areresponsibly tracked throughcompletionivolved parties areinformed of project status Somesupervision is required


Follow through is very good Takes Foltow through is exceptioalTakesresponsibility for actions complete responsibility for actionsdemonstrates good problem solving fully informsivolved parties keepsand keeps projects ontrack through projects ontrack through effectiveall stages of completion Involved problem solving and demostrates

parties are well informed of project full commitment to an assignmentstatus Requires minimal supervision through completion Requires minimal

or no supervision

Comments

Appaiser Comments Christine needs to improve on her follow through by communicating more consistently with hersupervisor Her assignments require periodic checkins testing and communications in order to accomplish the desired endresults

Employee Comments

Goat Performance

Goal Rating Details

1 Not addressed 2 Incomplete 3 Progress


Little or no progress has been mad Marginal progress has been made buttoward completion of this goal major aspects of the goal are

incomptete

4 Complete 5 Exceeded

All major aspects of the goal have All aspects of the goal have been

been achieved Performance met achieved Performance exceeded

expectations expectations

College Goal

Due Date OS142012

Continue to progress on your Bachelorsdegree

Action Steps

50

Signt progress has been made incompleting major aspects of the goal

Summary

Appraiser

Empioyee

Weight Rating Score

100 300 300

300 300

Comments

AppcaiserComments

Empioyee Comments I am still attending coilege full time an expect to obtain my BachelorsDegree by December 2013


Due Date OS142012

ZS Summary

Appraiser

Employee

Spreadsheet that account for the program project budget It showsportions of the budget that have been expended and the remainingbudget

Action Steps

Weight Rating Score

100 400 400

500 500

Comments

Appraiser Comments

Employee Comments Spreadsheet has bee fully developed and implemented It has been intregral to tracking the budget

Cost Centers

Due Date OS142012

Detailed reports ofexpenses for individual divisions

0 Action Steps

25 Summary

Appraiser

Employee

Weight Rating Score

100 300 300

300 300

Comments

Appraiser Comments

Employee Comments Some departments Cost Centers have been completed while others remain outstading This task wasreassigned to another staff inember by the director all information was forvvarded to her in that transition

httpscityofredlandsperfprohrnonlinecomviewappraisalphpprintviewl8tviewtype 2272013

Fuure GoaEs

Surnmary Camment

Summary Comments

Appraiser

Employee I work diligently to provide my best work for the department I put the needs of the department before my ownpreferences to help ensure that the department is successfui and work to the best abiity When others reach out forassistance I am always available to assist them I am stiil learning to perfect the new tasks assigned to me and willcontinue to perform to the best of my ability

Final Score Calculation

Totals Weight Score

PerformaceFactors 295 100 295

Performance Goals

Completed 02272013 at 408pm

325 0 000

Performance Rating

295

Needs Improvement

By signing below the Employee and Appraisersacknowledge that this Performance Appraisal has been discussedThey each understand that this appraisal is not a contract but an evaluation of performance and therefore does notaffect the employee relationship If the Employee disagrees with the contents of this appraisal heshe may check thefollowing box and attach an explanation of that disagreement

Electronic Signature Smith ChristineEmployee

fI Signature I Signed Date i Actioni 1

i

Smith Christine i I Check this box to sign this document electronicallyi Employee j I C Agree i

I ij Disagree

j j Add Comment

Save


Christine Smith Complaintarding Alfredo Cardenas Quality ofLDirector432013Page 1 of 10

Mary

I would like to bring to your attention continuing bullying and discriminatory behavior I amexperiencing by Alfredo Cardenas

Since I returned to work on February 11 2013 I have had only two interactions with AlfredoCardenas that he has initiated I have noticed the following concerns in addition to all of myorigina concerns brought forth in the past

February 11 2013I was informed that I would report directly to Alfredo CardenasAlfredo Cardenas did not attend work this day and I was placed in an empty office withurta es p one a brokenair No com uter

Was given no tasks to complete this dayFebruary 12 2013

I attended a return to work meeting with Alfredo Cardenas Danielle Garcia DeborahScottLeistra and Kimberly Braun where the following items were discussed

o I was to report directly to Alfredo Cardenaso All work would continue to be assigned using the assignment worksheetso If I required information to be obtained from the field I was to go to the Senior

Project Managers to place my requests for information not directly to fieldpersonnel

o I was to work with Celina Suarez and use her as an informationresearchgatherer to complete assignments

o I was given a Memo outlining my performance expectations and was tocomplete all assignments in accordance with these performance expectationstaking into account 4 Use of the appropriate analytical methods includingSystem Analysis Program Evaluation Research Methods and QuantitativeQualitative Analysis to complete assignments Attachment 1

0 1 was informed that the work quality expectations had been elevated due to thenew staff that had been hired in QOL and it was important that I must meet thisnew level of expectation set by mycoworkers

o I was not to ask questions but was to bring work that had been completed up to9095 for review and further direction would be given to me at that time

o During the meeting I informed atl in attendance that I currently had noassignmentstasks and requested that something be assigned to me forcompletion

After the return to work meeting I went into Alfredo Cardenas office where he wasspeaking with Danielle Garcia and reiterated again that I did not have any assignmentsto complete At this time I was told by AlfredoCadenas that he would send me someassignments that evening and I would have tasks to complete beginning on February 132013 This was never done

Christine Smith Complainarding Alfredo Cardenas Quality ofLDirector432013Page 2 of 10

February 14 2013In the afternoon Alfredo Cardenas came into my office to advise that he was notintentionally ignoring me He stated that he had been busy and was instructed todelegate tasks that were coming in and because of this direction he was going toreassign me to report to Danielle Garcia instead of him I later received an email fromAlfredo Cardenas confirming the report change effective February 19 2013

Attachment2At this time I still had no tasks or assignments given to me

February 19 2013I received a meeting invite sent by Danielle Garcia for800900to discuss projects andassignments At 915 Danielle Garcia came in to apologize that she missed the meetingand it was rescheduled to10001100

Inthis meefing Danielle Garcia gave Celina Suarez and l a list of assignments to beginworking on We went over each assignment on the list and discussed what wasexpected for each of the assignments I drafted an email to confirm the conversationAttachment 3A response was drafted from Danielle Garciasemail outlining the changes to my notesand our discussion in red The tone of the email was not the standard tone that wouldbe used if it were written by Danielle Garcia rather it is the standard tone that wouldbe used by Alfredo Cardenas Attachment 4

February 20 2013I sent an emai to Tim Sullivan Chris Boatman and Rick Cross copying Celina Suarez andDanielle Garcia regarding setting a schedule to plan for and route agendas forCommissions Committees and Boards that I oversee A response was drafted fromDanielle Garcias emaiF on February 21 2013 The tone of the email was not the

standard tone that would be used if it were written by Danielle Garcia rather it is thestandard tone that would be used by Alfredo Cardenas Attachment 5

February 22 2013I sent an email to Tim Sullivan Rogelio Garcia and Shayna Walker requestinginformation from them so that I could prepae a PD Take Home Vehicle Analysis thatwas requested of ine Per direction from Alfredo Cardenas in our meeting held onFebruary 12 2013 I requested that Tim provide a number of reports so that I couldcomplete this analysis He responded telling me to Use the QoL computer that has RTAaccess to obtain the requested information 1 believe it is Melissascurrent work

station Your login name and password should be the same Jocelynn will be able toassist you if you need any information from the vehicle hard files Attachment6Tim Sullivan came into the QOL Admin office and I discussed his response with him Iinformed him that it was per Alfredo Cardenas direction in my February 12 2013meeting that I was requesting the reports from TimTim Sullivan and 1 met with Danielle Garcia to discuss this concern Danielle Garcia toldme that I must have misunderstood what Alfredo Cardenas was stating during themeeting and that I was to obtain the information myself There was nomisunderstanding on my part but Danielle Garcia had stepped out of the meeting

Christine Smith Complaintarding Alfredo Cardenas Quality of LifgDirector432013Page 3 of 10

during this discussion to attend to a phone call At this time I requested that RTA beinstalled on my computer so that I could get the necessary reports without interferingwith other staff members work

February 26 2013Received meeting invite from Chris Boatman to Discuss Assignment Procedures Duringthis meeting which Danielle Garcia Tim Sullivan Chris Boatman Celina Suarez and Iattended we discussed that new projects would not be coming over on AssignmentSheets Danielle Garcia advised that Chris Boatman and Tim Sullivan were to emailrequests to me copying her and she would monitor my work load through emailformat

February 27 2013I received my past due personnel evaluation for the time period of May 15 2011 to May14 01 ttachment 7 and was rated in the Needs tmprovementthe retaliation I am receiving for the grievances previously filed against AlfredoCardenas Per the letter dated January 11 2013 from N Enrique Martinez in responseto my grievance regarding my promotional probationary rejection for the Fleet ServicesAdministrative Coordinator Attachment 8 he states

Cardenas will be directed to provide Smith with a past due performanceevaluation further he will be directed to consult with Human Resources staffbefore such an evaluation is issued to Smith Finally Cardenas wilF be directednot to engage in any retaliatory actions upon Smiths return to her formerposition of Senior Administrative Analyst

That clearly was not the case with the review that I receiyed and retaliation is evidentbased on comments that Alfredo Cardenas made during the 2011 EmployeeAppreciation Lunch I was nominated by Alfredo Cardenas as Employee of the Year inNovember 2011 and was awarded the honor Attachment 9 During the awardsceremony Alfredo Cardenas stood in front of all in attendance and spoke to the affectthat I was an invaluable employee and he does not know how he would have made itthrough his first six months without my assistance This being the case how is it that Iam an employee who Needs Improvement as my unfair and past due employeeevaluation alludes to

I do not agree with many of the comments made in my review but specifically want tonote the following items

o Analytical Skills I received a 3 in this category which identifies me as aContributor Per the Employee of the Year Nomination Form Attachment 9Alfredo Cardenas stated that I have superior analytical skills

o Attitude I received a 3 in this category which identifies me as a ContributorPer the Employee of the Year Nomination Form Attachment 9 AlfredoCardenas stated that I have an exceptionally positive attitude

o Communication I received a 3 in this category which identifies me as aContributor Per the Employee of the Year Nomination Form Attachment 9Alfredo Cardenas stated that Iseek to find solutions to challenges daily

Christine Smith ComplaintardingAlfredo Cardenas Quality ofLifQirector432013Page 4 of 10

determined and decisive in the tasks she is given to accomplish has shown herreliability in meeting the departmentsobjectives in Qol

o Dependability I received a 3 in this category which identifies me as aContributor Per the Employee of the Year Nomination Form Attachment 9Alfredo Cardenas stated thatIseek to find solutions to challenges dailydetermined and decisive in the tasks she is given to accomplish has shown herreliability in meeting the departmentsobjectives in QoL

o Ethics I received a 3 in this category which identifies me as a Contributor Perthe Employee of the Year Nomination Form Attachment 9 Alfredo Cardenasstated that seek to find solutions to challenges daily determined and decisivein the tasks she is given to accomplish has shown her reliability in meeting thedepartmentsobjectiVes in QoL

fi3 in this category which identifies me aContributor Per the Employee of the Year Nomination Form Attachment 9Alfredo Cardenas stated thatIconsistently demonstrates an ability above andbeyond her current position as Senior Administrative Analyst She is frequentlycalled upon to perform tasks that represent her superior analytical skills Sheseeks to find solutions to challenges daily She seeks new responsibilityirrespective of reward or recognition determined and decisive in the tasks sheis given to accomplish She demonstrates her capability of building andimplementing sophisticated plans and projects has shown her reliability inmeeting the departmentsobjectives in QoL

o Leadership I received a 3 in this category which identifies me as a ContributorPer the Employee of the Year Nomination Form Attachment 9 AlfredoCardenas stated that I seek to find solutions to challenges daily determinedand decisive in the tasks she is given to accomplish has shown her reliability inmeeting the departmentsobjectives in Qol creation of the QoLs firstoperations maintenance analysis and a reorganization of counter services forall customer service requests from the Quality of Life department to the OneStop Permit Center

o Follow Through I received a 2 in this category which identifies me as NeedsImprovement The following is the comments which states

Christine needs to improve her follow through by communicatingmore consistently with her supervisor Her assignments require

periodic checkins testing and communications in order to accomplishthe desired end results

Per the Employee of the Year Nomination Form Attachment 9 AlfredoCardenas stated thatIconsistently demonstrates an ability above and beyondher current position as Senior Administrative Analyst She is frequently calledupon to perform tasks that represent her superior analytical skills She seeks tofind solutions to challenges daily She seeks new responsibility irrespective ofreward or recognition determined and decisive in the tasks she is given toaccomplish She demonstrates her capability of building and implementing

Christine Smith Complaintarding Alfredo Cardenas Quality ofLifpirector432013Page 5 of 10

sophisticated plans and projects has shown her reliability in meeting thedepartmentsobjectives in Qol

This Performance Evaluation is false and inaccurate and I take offense to theinsinuation of it in its entirety I met almost daily with Alfredo Cardenas from the timehe was hired in April 2011 until my auto accident in October 2013 Alfredo Cardenaswas aware of afl assignments I was working on and tasks I was performing andcompleting and I had his support in the directions I was taking He was instructing me inregards to any questions that I was unsure of and used my completed assignments as atool for other employees in the QOL Department to learn from as examples of what heexpected from them Had my review been completed in a timely fashion instead ofbeing 9 months past due my review scores would be much higher and in line withwtseretfeyiuldb and notthebecarseaftermy grievances were filed Remember back to our return to work meeting that occurredon October 15 2012 when I came back from my car accident and Fred informed all inthat meeting after he informed me that I was being terminated he further informedme that my past due evaluation was being processed and it was going to be poorPer the City of Redlands Personne Rules and Regulations Section VI E Eachperformance evaluation shall be discussed with the employee This step still has notoccurred the evaluation was not reviewed with me nor was further clarificationprovided regarding concerns with my performance It is evident that there is retaliationcontained in the Performance Evaluation that was prepared

March 1117 2013

I was on vacation during this timeMarch 1921 2013

I was on Jury Duty during this timeDuring the time I was out on Jury Duty Celina Suarez was moved into my office which wenow currently share

March 25 2013I held a meeting with Danielle Garcia to discuss the Equipment Alternatives andPreliminary Business Plan assignment that she had given me During this meeting Irelayed that I still had concerns with my minimal work load and emphasized that weneeded to work together to get through the negative energy in the office She statedthat she was given specific instructions

March 27 2013

Met with Danielle Garcia to review Cost Centers that I completedI informed her that everyone in the QOL office was overburdened by work and I wasagain requesting more assignments She told me that she had some assignments sittingon her desk for months and that she would be going through them and assigning themto me for completion She asked that we meet on March 28 2013 to discuss theseitems

I was asked by Danielle Garcia to circulate a staff report to various directors to besubmitted for the April 2 2013 Council Meeting While obtaining signatures I spoke

Christine Smith Complaintarding Alfredo Cardenas Quality ofliirector432013Page 6 of 10

with Deborah ScottLeistra During the conversation she informed me that AlfredoCardenas was given specific instructions to have zero interaction with me

Per the Bullying Policy I feel the following areas have been violated Attachment 10Exclusion socially or physically excluding or disregarding a person in workrelated

activities

o Alfredo Cardenas has done this by excluding both Celina Suarez and me He

moved us into the same office in a back corner of the Quality of Life Departmentseparate from the rest of the administrative and management staff in QOLThere is also discussion of moving Julie Neitzel a general unit employee who hasalso filed complaints against Alfredo Cardenas into this office as well whichfurther offers support that he is exiling all employees that have filed grievancesagainst im

o No otherMidManagement or Management employees in the QOL Departmentare required to share an office with othe staff and there is one General Unitemployee who has her own office in QOL Admin even though she reports to theFleet division I feel I am being retaliated against because of the prior grievancesthat I filed

Spreading of rumors and gossip regarding individualso t know through past interactions with Alfredo Cardenas that he is a person who

talks negatively about employees that he does not care for He insults their

abilities and influences the way othercoworkers view this employee Becauseof the changed interaction I have experienced with several of my coworkers it ismy assumption that he is doing this again in regards to me

o When I first returned to work on February 11 2013 he informed Celina that Iwould probably be requesting my chair from her He did this with a tone thatrelayed to her that I was trying to be a difficult employee for asking for a chairthat was specifically ordered to fit me ergonomically I know that in the past hehas talked bad about me as this has been confirmed by Celina Suarez

Persistent singling out of one person in a negative manneo I am the only MidManager that is not overwhelmed by assignments that have

been given to me even though I continually request more worko I have been placed in an office that I share with another person who has filed

grievances against Alfredo Cardenas as punishment for having filed grievancesagainst Alfredo Cardenas

o I am the only MidManager in QOL that Alfredo Cardenas does not interact withregarding tasks and assignments given rather he completely avoids and ignoresmy presence

o I am the only MidManager in QOL that shares an office while a GEAR employeewho reports to the Fleet Division has her own office in QOL Admin

o On March 23 2013 I gave Danielle Garcia staff reports that I had drafted forvarious fee waivers togo on the April 16 2013 Council Agenda

Christine Smith Complaingarding Alfredo Cardenas Quality ofLDirector432013Page 7 of 10

On April 3 2013 Danielie Garcia brought the April 16 2013 staff reports back tome with a few corrections and a statement on one saying This is a similarcomment on last fee waivers sent Please revise in the future Attachment11I pulled the last fee waivers that I prepared which were for the April 2 2013Council meeting and reviewed the hand written comments that AlfredoCardenas had provided with Danielle Garcia On the April 2 2013 staff reportsAttachment 12 Alfredo Cardenas hand written comments gave direction toarrange the information in the manner that had submitted for the April 162013 staff reportsWhen I asked Danielle to clarify which format she wanted me to use she statedthat Alfredo Cardenas had requested that she note this change stating that herequestecl this change in the past

Deliberately excluding an individual or isolating them from workrelated activitiesmeetings etc

o Celina and I have been isolated from the rest of the office physically andinteractively and are not acknowledged by or invited to participate in anymeetings which we used to be part of

o Alfredo Cardenas has only initiated contact with me on two occasions once onFebruary 12 2013 during my return to work meeting and again on February 142013 when he informed me that I would begin reporting to Danielle Garcia

o Alfredo Cardenas interacts professionally with all other QOL Admin Staffregularly with the exception of Celina Suarez and me

Repeatedly accusing someone of errors which cannot be documentedo On March 23 2013 I gave Danielle Garcia staff reports that I had drafted for

various fee waivers to go on the April 16 2013 Council AgendaOn April 3 2013 Danielle Garcia brought the April 16 2013 staff reports back tome with a few corrections and a statement on one saying This is a similarcomment on last fee waivers sent Please revise in the future Attachment11I pulled the last fee waivers that I prepared which were for the April 2 2013Council meeting and reviewed the hand written comments that AlfredoCardenas had provided with Danielle Garcia On the April 2 2013 staff reportsAttachment 12 Alfredo Cardenas hand written comments gave direction toarrange the information in the manner that I had submitted for the April 162013 staff reportsWhen I asked Danielle to clarify which format she wanted me to use she statedthat Alfredo Cardenas had equested that she note this change stating that herequested this change in the past

Manipulating the ability of someone to do their work egoverloading underloadingwithholding information setting meaningless tasks setting deadlines that cannot bemet giving deliberately ambiguous instructions

Christine Smith ComplainegardingAlfredo Cardenas Quality ofLjDirector432013Page 8 of 10

o Underloading Alfredo Cardenas does this continuously by not fulfilling myrequests for more assignments

o Setting Meaningless Tasks I prepared a PD Take Home Vehicle Analysis atAlfredo Cardenas I routed this item through Tim Sullivan as it was a FleetAnalysis and Tim mentioned that although the information was good it was notan assignment he had requested To date nothing has been done with thisassignment

I was asked to prepare a City Comparisons spreadsheet comparing other Cities toRedlands This is a task that the front office staff should have prepared not aSenior Administrative Analyst as it was telephone calls and emails to variouscities requesting specific numbers and dollar amounts

o Giving Deliberately Ambiguous Instructions Alfredo Cardenas does this with

a1l assignments he gives ancaskingorclarificationastancirdresponse isthat as a Senior Administrative Analyst t should not need to be micromanagedand that his instructions ae elear enough

Inflicting menial tasks not in keeping with the normal responsibilities of the jobo I am constantly being asked to perform tasks that should be performed by front

office staff not a Senior Administrative Analyst These were tasks that I

previously performed as an Administrative Assistant II including the CityComparisonsdocument

The fact that Human Resources has acknowledged that Alfredo Cardenas is not to interact withme is confirmation that the City agrees with this ideology Unfortunately if a problem is neverresolved negativity continues to fester and the problem gets larger instead of dissolving

The hostilitytension still exists and is witnessed regularly by other staff in and out of thedepartment I notice that when I make an effort to go into Alfredo Cardenas office he is visiblyupset and fidgety He does not make eye contact with me and does his best to avoid me atallcosts

As an employee at any company you are required to work with people that outside of workyou would not interact with These interactions are on a professional level and you arecourteous to those individuals Instead of the City of Redlands addressing the bullying andviolence in the workplace situation in an acceptable manner they disregard the obviousliabilities and instead of requiring Alfredo Cardenas to change his behaviors they inform himthat he is to have zero interaction with me an employee who ultimately reports to him

I have many concerns with this the least of all being that he still ultimately has power over mewith my job and performance review I will never be able to be promoted under AlfredoCardenas not because I am an inadequate employee by any means his nomination formAttachment 9 certainly relays otherwise but rather because of the unresolved bullying andviolence in the wokplace issues that lay between us and the Citysfailure to act appropriatelyregarding them

Christine Smith Complaingarding Alfredo Cardenas Quality ofLDirector432013Page 9 of 10

I find it in very poor taste that the City of Redlands is allowing three women to be discriminatedagainst by Alfredo Cardenas The Citys responses to our past grievances are attached asAttachment s 8 13 14 and 15 It is apparent by these responses that the City of Redlandsdoes not feel the need to acknowledge the bullying discrimination and violence that isoccurring but would rather put the blame on the victims of this inappropriate behavior in anattempt to discredit the accusations being made To allow this type of behavior is ridiculousand unsatisfactory for all employees in the City of Redlands who have in the past and arecurrently experiencing this atrocious behaviorAttachment 16 is the most recent complaint filed by SBPEA on behalf of GEAR I would likeCEA to assist me with the following filings and requests

I would like to obtain copies of all documentation from the investigation that werequested November 2012 where Steve Filasky who ws cting as a third partyinvestigator interviewed and compiled evidence regarding Alfredo Cardenas actionsagainst me

I would like to file a grievance based on violation of the Citys bullying policy and sexualdiscrimination and have another formal investigation done this time not by Mr Filarskybut by an unbiased third party investigator to interview various City staff regardingtheir interactions with Alfredo Cardenas and his violent bullying and discriminatorybehavior to these individuals

I would like to file a grievance regarding the evident retaliation included in my past dueperformance evaluation for the period of time between May 15 2011 and May 142012 which in the City Manager in his response to rny previous grievance Attachment8 dated January 11 2013 ensured that there would be no retaliation actions upon myreturn to my former position of Senior Administrative AnalystPer pages 41 and 42 of the City of Redlands Personnel Rules and Regulations underSection F COMPLAINT PROCEDURE FOR DISCRIMINATION HARASSMENT ANDRETALIATION Subsection 1 COMPLAINT PROCEDURE the following items should benoted

o Item a Reporting to the Offending Individual I feel that I have already reportedthese concerns when filing my past grievances against Alfredo Cardenas I amnot comfortable with engaging in this type of conversation with him due to mypast experiences where Alfredo Cardenas exhibited violent behaviors byslamming and shoving chairs raising his voice and becoming very angry in priormeetings

o Item b Reporting to Management I reported these concerns to the HumanResources Department on several occasions the last being April 2 2013 andthey are aware of my concerns

o Item f Remedial and Disciplinary Action it states that Disciplinary actions mayalso be taken against any official supervisor or manager who condones orignores potential violations of this policy or otherwise fails to take appropriateaction to enforce this policy I believe that it is important to note that victims inQOL have done what they can to address and raise awareness to the concerns

Christine Smith Complaingarding Alfredo Cardenas Quality of Ljfg Director432013Page 10 of 10

that they have and little has been done to acknowledge and rectify theconcerns It is the Citys duty to investigate allegations and address the issuesaccordingly

o Item g Option to Report to Outside Administrative Agencies I contacted theDFEH regarding my concerns with Alfredo Cardenas in October or November of2012 and requested that they perform an investigation of the situation Uponmy contact with them I was made aware that they have a one year backlogandwill get to my complaint in the order in which it was received

This letter is not meant to call out anyone that I mentioned or to put any of them on noticebut was rather compiled for informational purposes to provide some basis for my cause forconcern related to my complaints against Alfredo Cardenas I know it is a lot of information

but I feei importantto address alt of thEandoutstanding issues Piease meyou have any questions 909 4359272 or you can email me atchris24smith@yahoocom

Thank you

Christine Smith

City of RedlandsQuality of Life Department

CEA Citymployees Associates2918 E 7 Street

Long Beach CA 908045624336983 voice5624331264 fax

cea@cityemployeesnet

May 6 2013

Mr Enrique MartinezCity ManagerCity ofRedlands35 Cajon Street Suite 200Redlands California 92373

Subiect Grievance on behalf of Christine Smith Senior Administrative Analyst

Dear Mr Martinez

I am representing Ms Christine Smith in a grievance against the City of Redlands based onthe following violations of her rights under law and contract

Harassing and Discriminatory Conduct

Violation of the Policy Against Bullying

Retaliation for Conduct Protected by Government Code 3500

The Departmentsharassing conduct dates back to Ms Smithsuse of inedical leave inAugust 2012 As you are aware these allegations were document and submitted to you inthe grievance filed on behalf of Ms Smith on October 17 2012 Although the outcome ofthis grievance was that Alfredo Cardenas Quality of Life Director was to have no contactwith Ms Smith the behavior of intimidation harassment bullying and now ostracizingcontinues today

As a result of the stress caused by Ms Smithsprior allegations she was placed on medicalleave Ms Smith returned to work on February 11 2013 Upon her return she learned thatshe was moved to a back office and not provided the tools necessary to be productive atwork She was not given any work nor a computer or functioning desk chair Although MsSmith repeatedly requested work assignments she was not provided any work until February19 2013

Ms Smith feels that her work load is minimal in comparison to hercoworkers She hasinformed Danielle Garcia of this believe only to be informed by Ms Garcia that she wasgiven specific instructions Ms Smith has presented her believe that she has adisproportionate work load which has placed an overburden on hercoworkers with noavail

On February 27 2013 Ms Smith was provided her past due performance evaluation for thetime period of May 15 2011 to May 14 2012 Ms Smith was rated as NeedsImprovement in her overall performance We believe this evaluation is in retaliation for heruse of sick leave and for exercising her right to file a grievance over her prior treatment fromMr Cardenas

During this evaluation period Ms Smith was nominated for and received employee oftheyear In November 2011 Mr Cardenas spoke at the award ceremony and praised MsSmithsperformance and referred to her as an invaluable employee During this evaluationperiod Ms Smith was assigned to the acting position of Fleet Services AdministrativeCoordinator and ultimately promoted to the position in July 2012

Every indication was that Ms Sinith was an excellent employee during the evaluation periodMr Cardenas has not provided any documentation to support a change in performance levelIt must then be concluded that the change is not based on performance but rather onretaliation andor discrimination

On or about March 19 2013 Celina Suarez was moved into the office ofMs Smith MsSuarez has also filed a grievance against Mr Cardenas stating the same issues with bullyingand harassment Both Ms Smith and Ms Suarez have reported that Mr Cardenas intends tomove a third employee into this office and that employee also filed a complaint ofharassment against Mr Cardenas

It is becoming common knowledge in the Quality of Life Department that ifyou file acomplaint you will be ostracized to the back corner office and isolated from any work orsocial interactions with yourcoworkers

For the examples stated above we claim that Mr Carderas has continued to violate thePolicy Against Bullying by

Socially or physically excluding or disregarding a person in workrelated activitiesPersistent singling out of one person in a negative mannerDeliberately excluding an individual or isolating them from workrelated activitiesRepeatedly accusing someone of errors which cannot be documentedManipulating the ability of someone to do their work egoverloading underloading withholding information setting meaningless tasks setting deadlines thatcannot be met giving deliberately ambiguous instructions

We request a meeting with you to go over materials and information in support of thisgrievance If our clientswork conditions do not improve this office will assist her inseeking additional legal remedies

Respectfully


c Human Resources

Board of Directors

3

EXHIBIT N

d EMKp

x SThTE GfClLGORNIA sConssner ervic2s and kiousmpAgcy GCVERMOR EOMUND G 6R1J JR

iE CIRECiOR PMYLLIS 5V CHENGrV 1 DEPARTMENT OF FAIR EMPLOYMENT H HpUSING51 2218 Kausen DriveSuite 100 I Eik Grove 1 CAI95758J Q041684 i Videophane9t6226525I TTY8i37qt123QvnvdfehcagoviemaiLcotaetcenteraLdfehcagov

Sep 06 2013

Christine Smith

1721 E Colton Avenue Space 41Redlands CA 92374

RE Notice of Case Closure and Right to SueDFEH Matter Number 5581067217

Right to Sue Smith City of Redlands Alfredo Cardenas

Dear Christine Smith

This letter informs you that the abovereferenced complaint was filed with the Department of Fair Employmentand Housing DFEH has been closed effective Sep 06 2013 because an immediate Right to Sue notice wasrequested DFEH will take no further action on the complaint

This letter is also your Right to Sue notice According to Government Code section 12965 subdivision b acivil action may be brought under the provisions of the Fair employment and Housing Act against the personemployer labor organization or employment agency named in the abovereferenced complaint The civil actionmust be filed within one year from the date of this letter

To obtain a federal Right to Sue notice you must visit the US Equal Employment Opportunity CommisionEEOC to file a complaint within 30 days of receipt of this DFEH Notice of Case Closure or within 300 days ofthe alleged discriminatory act whichever is earlier

Sincerely

Department of Fair Employment and Housing

Enclosures

cc Human Resources Agent for Service for City of Redlands CardenasCity Manager City of Redlands

PaTATE 4FCFLIfORP71A I sSenices and flou5no Agwicy

fjR DEPARTMEN FAIR EMPGOYMEN7 HUSINGU 2218 Kausen Orive Suite 100 I Eik Grove 1 GA I 95753y jU 800fi84164I Videophone91fi22657851TiYSQO70030tivwryvdfehcagotI cmail contactcenterdfehcagovoo

Sep 06 2013

RE Notice of Filing of Discrimination ComplaintDFEH Number 5581067217

Right to Sue Smith City of Redlands

To All Respondents

oiaecrca rrntus wciEnic

Enclosed is a copy of an complaint of discrimination that has been filed with the Department of Fair Employmentand Housing DFEH in accordance with Government Code section 12960 This constitutes service of the

complaint pursuant to Government Code section 12962 A copy of the Notice of Case Closure and Right to Sueis enclosed for your records

Please refer to the attached complaint for a list of all respondentsand their contact information

No response to DFEH is requested or required

Sincerely

Department of Fair Employment and Housing

iorMCl i3yRty Uf

ST47E OF GALIFORIJIn 1 OERimentof Fair Employmentand Hoasng E1iPL01RFFJ4TRIGFiTTOSU

CCMPLAINT OF DISCRIMINATION UNQER THE PRaVISIONS OF THECALIFORNIA FAIR EMPLaYMENT ANQ HOUSING ACT

GFEFiP11BR

5581067217

COMPLAINANT

Christine Smith

NAMED IS THE EMPLCYER PERSON AGENCY ORGANIZATION OR GOVERNMENT ENTITY WHO DISCRIMIfvATED AGAINST ME

RESPONDENT

City of RedlandsAlfredo Cardenas

AGENT FOR SERVICE

Human ResourcesCity of Redlands

NO OF EMPLOYEES

560

CORESPONDENTS

ADDRESS

35 Cajon Street Ste 222 PO Box 3005 Redlands CA 92373

City Manager City of Rediands

DATE FILED Sep 06 2013MODIFIED Sep 06 2013

ADDRESS

35 Cajon Street PO Box 3005 Redlands CA 92373

MOSTRCENT DISCRIMINATION TOOK PLACE

PHONE

909 7987655

PHQNE

909 798

TYPE df EMPLOYER

StateLocalGovt

CCRESS

35 Cajon Street Ste 200 PO Box 3005 Redlands CA 92374

REVISED JULY 2013PAGE 13

srr STATE OF GALIFORNLG 1 ment of Fair Emptmfinent and Hocsna EIdPLOYhtENT RIGHT TO SUE

i CCMPLAINT OF DISCRIMINATI4N UNpER THE PRVISIONS OF THER CALIFORNIA FAIR EMPLOYMENT AND HOUSING 14CT

EiYViY

5581067217

1 ALLEGE THAT I EXPERIENCED

ON OR BEFORE

BECAUSE OF MY

AS A RESULT I WrS

STATEMENT OF FACTS

On July 9 2012 I was promoted to the position of Fleet Services Administrative Coordinator that had a probationperiod of 6 months One month after I was promoted August 12 2012 I was involved in an off duty motor vehicieaccident which put me off work for 9 weeks on protected leave FMLA While I was out I was in constantcommunication with various employees one of which informed me that Alfredo Cardenas told them that when Ireturned I was going to be in a living hell at work I went into Human Resources and made them aware of thiscomment and my concerns of arriving back to work with that threat pending I informed them that I would nottolerate his builying and put them on notice that i would be seeking outside assistance if his actions becameagressive or retaliatory in any way Upon my return on October 15 2012 I attended a meeting with AlfredoCardenas Danielle Garcia and my union rep Mary LaPlante during which I was informed that I was beingterminated and wouid not pass probation for the Fleet Services Administrative Coordinator position that I hasbeen promoted to on Juy9 2012 During this meeting i was not given any reasons as to why I was beingterminated only that I had an option to return to my previously held position of Senior Administrative AnalystAlfredo Cardenas went on to inform Mary LaPlante and me that he was currently preparing my evaluation for theSenior Administrative Analyst position that was due on May 15 2012 and that evaluation was not going to befavorable He suggested that I resign from the Fleet Services Administrative Coordinator position so that it wouldnot reflect negatively on my resume During this meeting Mary LaPlante my union rep informed AlfredoCardenas that she would be filing a grievance in response to this meeting for retaliation based on my being outon protected leave FMLA because I was not returned to my former position upon being released from my doctorsto come back to work She further informed him that he was in violation of the law by acting in this fashion Agrievance was filed on October 17 2012 I was also retaliated for taking protected leave FMLA by being demotedback to the position that I previously held prior to being promoted

DATE FILED Sep 06 2013 REVISED JULY 2013

MODIFIED Sep 06 2013 PAGE 23

waRi4w f

r

LTx

EhiPLOYhSEMT RIGHT TO SUE

COMPLAINT OF DISCRIMINATINUNDER THE PRUVISIONS OF THECALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT

OFEH NUMBR

55810

SIGNEDUiDER PENALTY OF PERJURY

I wish to pursue this matter in court I hereby request that the Department of Fair Employment and Housingprovide a right to sue I understand that if I want a federal right to sue notice 1 must visit the US EqualEmployment Opportunity Commission EEOC to file a complaint within 30 days of receipt of the DFEH Notice ofCase Closure and Right to Sue or within 300 days of the alleged discriminatory act whichever is earlier

I have not been coerced into making this request nor do I make it based on fear of retalliation if I do not do so Iunderstand it is the Department of Fair Employment and Housingspolicy to not process or reopen a complaintonce the complaint has been closed on the basis of Complainant Elected Court Action

By submitting this complaint I am declaring under penalty of perjury under the laws of the State of California thatto the best of my knowledge all information contained in this complaint is true and correct except matters statedon my information and belief and I declare that those matters I believe to be true

Verified by and dated on Sep 06 2013 at

STATE OF CALIFORNIA IORmctit of Feir Employmenf and

DATE FILED Sep 06 2013 REVISED JULY 2013

MODIFIED Sep 06 2013 PAGE33

SUPERIOR COURT OF CALIFORNIA COUNTY OF

SAN BERNARDINO CIVIL DIVISION

303 WEST THIRD STREETSAN BERNARDINO CA 924150210

SAN BERNARDINO

yh

Y

CASE NO CIVDS1311312

NOTICE OF TRIAL SETTING

CONFERENCE

IN RE SMITHVREDLANDS

Notice is hereby given that the aboveentitled case has been set forTrial Setting Conference at the court located at 303 West Third Street

San Bernardino CA

HEARING DATE 032114 at 830 in Dept S33

DATE 091613 Stephen H Nash Clerk of the CourtBy GLORIA GRECO

CERTIFICATE OF SERVICE

I am a Deputy Clerk of the Superior Court for the County of SanBernardino at the above listed address I am not a party to thisaction and on the date and place shown below I served a copy of theabove listed notice

Enclosed in a sealed envelope mailed to the interested partyaddressed above for collection and mailing this date followingstandard Court practices

Enclosed in a sealed envelope first class postage prepaid in theUS mail at the location shown above mailed to the interested party

and addressed as shown above or as shown on the attached listingA copy of this notice was given to the filing party at the counterA copy of this notice was placed in the bin located at this office

and identified as the location for the above law firms collection of

file stamped documents

Date of Mailing 091613I declare under penalty of perjury that the foregoing is true andcorrect Executed on 091613 at San Bernardino CA

BY GLORIA GRECO

civntsc20130417

Notice NTSC has been printed for the following AttorneysFirmsor Parties for Case Number CIVDS1311312 on 91613

BORTON PETRINI LLP

1461 FORD STREET

SUITE 201

REDLANDS CA 92373

lawsuit against city of redlands

Documents

named defendants

ascertained5 smith

inclusive6 smith

remaining defendants

defendants unlessspecifically

term defendants

fictitious inames smith

capacities of defendants