The agency had brought numerous disciplinary charges against the manager, including using profane language in an email, falsifying timesheets and field reports, failing to accurately record her time, disobeying lawful orders, misusing her city position, and recklessly endangering co-workers. The ALJ sustained the charge for using profane language in an email to her supervisors but found that the agency failed to provide sufficient evidence to support the remaining charges.
For the falsifying timesheets allegation, the agency relied on a badge access report listing each time the manager used her employee identification to enter the office, which suggested that the manager was not at the office when she reported to work on 73 dates.
The ALJ found that the manager provided three credible explanations for the lack of employee identification swipes that were consistent with the badge access report: a co-worker opened the door for her, she worked remotely for a period of time, and she conducted field inspections in the morning before reporting to the office later in the day.
Noting that the employer did not charge the manager with failing to report to the office, the ALJ held that there was insufficient evidence to establish that the manager falsified her timesheets.
Because the employer did not prove most of the charges all of the charges filed against the manager, the ALJ recommended a five-day suspension in lieu of the agency’s requested penalty of termination.
Click Dep’t of Environmental Protection v. Layman to access Judge Fogel's findings and recommendation.