Tom Hendricks
Arizona Counties Insurance Pool
1905 W. Washington Bl. Suite 200
Phoenix, Arizona 85009
Aug 30
Dear Sir:
My name is Donald — . I am the Intensive Probation Surveillance Officer for the Payson Office of the Gila County Probation Department, and an employee in good standing for the past eleven years. As the Insurance Risk Management Liaison for Gila County Arizona, Please be advised that I am asserting my employee rights under Arizona Revised Statute 23-1502.
I am exercising my right to bring a constructive discharge claim against my employer, the Gila County Probation Department, it's agents, department heads, and supervisors. The working conditions have become so unsafe, hostile, and intolerable, that I may be forced to resign my position and employment with Gila County. The following information is provided to make you aware of past, current, and on going egregious working conditions that affect co-workers and me.
Probation Officers and I, as the field certified Surveillance Officer, are required to make daily face to face contacts with criminally convicted felons under mandated procedures and administrative orders, with the use of issued equipment. This would include, but not be limited to, firearms, use of pool vehicles, ballistic protection vests, radio communication equipment, gloves, urinalysis testing, and urinalysis processing equipment. I can attest to the following issues as of July 6th:
Unsafe working conditions: Firearms
In the office, no safe procedure is provided for unloading an issued firearm for storage, maintenance, or a safety function check. Firearms are routinely unloaded and loaded in close proximity to the office, staff, and public areas. No sand barrel containment device is provided for the safe removal of live chambered ammunition. The likelihood of an accidental discharge is always present.
Recommendation: Provide a sand barrel containment device.
Unsafe working conditions: Firearms
Recently, the issued p 9mm ammunition was confiscated and less effective ammunition issued. The rational is that field officers are more likely to be shot with their own gun, and the less effective bullet would be less likely to penetrate the defective ballistic vest.
Recommendation: Reinstate p 9mm ammunition.
Unsafe working conditions: Ballistic Vests
Field certified officers are provided a ballistic vest to wear while conducting field activities, however, these vests have been deemed defective and unsafe to wear by the A.O.C. (Administration of Courts).
Recommendation: All field activities should be suspended until new approved vests are provided for officer safety.
Unsafe working conditions: Radio Communications.
My assigned vehicle for making field contacts (Jeep Cherokee License #CB29137) has no radio communications ability because the radio has no working law enforcement and emergency frequencies, and is not properly labeled. If an emergency arises or assistance is needed, there is no ability to communicate with other agencies. This problem exists with all Probation pool vehicles because the radios have different configurations. This has been brought to the attention of management on at least three separate occasions, but no corrective action has been taken.
Recommendation: The IPS vehicle should be removed from service until a working radio with a labeled frequency channel can be installed.
Unsafe working conditions: Radio Communications
No hand held radio units are provided for officer safety. If an emergency arises, and quick radio communications become necessary, I must get back to the vehicle to use the radio. Cell phones are provided, but often do not work in various areas of the county due to dead spots.
Recommendation: Cease all field operations until hand-held radios are provided.
Unsafe working conditions: Radio Communications
No dispatching agreement exists between the Town of Payson Police Department and Gila County Probation.
Recommendation: Since, at least 80% of the required field contacts occur within the jurisdiction of the Payson Police Department, there should be a contract to dispatch.
Unsafe Working Conditions: Health Hazzard Gloves.
No leather or thick vinyl gloves are issued for field search situations, such as buildings, vehicles, or persons. Only thin latex gloves, which are subject to tearing and failure, are available. These do not protect the hands from cuts or punctures from handling sharp objects such as needles, knives, broken glass, etc.
Recommendation: Cease all searches until protective gloves are provided.
Unsafe Working Conditions: Biological Hazzards.
On a daily basis, employees are required to obtain, handle, and test urine samples from probationers. We physically handle the urine specimen, and conduct preliminary drug testing by dipping an indicator stick into the sample. If the sample is positive, the contents must be poured into another container to be sent for drug analysis testing. Again, only thin latex gloves are provided. Since the probation population has higher incidences of Aids, HIV, Hepatitis, and sexually transmitted disease, the potential of infected urine being spilled, thrown, or coming into contact with an unprotected body area is very high.
Recommendation: Use a contracted lab facility for testing.
Unsafe Working Conditions: Biological Hazzards.
Urine sample collecting and preliminary testing is routinely performed by probation employees in the common small bathroom where we are required to shut the bathroom door with the probationer.
Recommendation: Use a contracted lab facility for testing.
Unsafe Working Conditions: Biological Hazzards.
Open urine vials and testing materials are laying about, or placed in an open trash container, usually full to capacity. Also, the rudimentary Red bio-hazzard trash can is overflowing with soiled items falling onto the floor.
Recommendation: Use a contracted lab facility for testing.
Unsafe Working Conditions: Lack of Supervision
No supervisors are available after 5PM, Monday through Friday, or on weekends. After hours, you must attempt to call a supervisor at their residence. Not having an on duty supervisor places the employee at risk.
Recommendation: Rotate supervisors to be on duty until 10PM.
AOC Issues: Supervision Inconsistencies
In clear violation to A.O.C. Guidelines, a non-degreed Probation Aide is assigned as the Juvenile Probation Supervisor, overseeing all aspects of the Juvenile caseload operations, supervising, and evaluating certified sworn Juvenile Probation Officers and Intensive Probation Personnel.
Recommendation: Comply with State of Arizona Supreme Court requirements.
Federal Issues: Violations
As of July 8th, there is no posting of the FMLA, and employees have never been advised of the Family Medical Leave Act provisions, benefits, or medical certification requirements. Since posting is required by Federal US Labor Statute, employees are not aware that the Gila County policy is less restrictive with respect to use of sick leave status. We have been told that as employees of the court, we fall under the jurisdiction of the Judicial Merit Rules and are to comply with them.
Recommendation: Disclose and Post FMLA Benefits.
A.O.C. Issues: Disparity of Assigned Duties
A severe disparity exists in assigned duties between the Probation offices in Payson and Globe. Even though Globe and Payson have similar case loads, Globe has two Surveillance Officer positions, and Payson has only one.in Globe, one is assigned to monitor Adult Intensive Probationers, and the other is assigned to Juvenile Intensive Probationers.in Payson, one Surveillance Officer monitors both Adult Intensive Probationers, Juvenile Intensive Probationers, and Pre-Disposition Juveniles awaiting court hearings. These high risk juveniles require additional contacts.
Recommendation: Assign duties comparable to Globe.
Policy and Procedure Manual Issues: No Hard Copy available
The long awaited policy manual has only been provided on the K drive of the network system. No hard copy of this manual has been provided to each employee. If a procedure question arises after office hours, you have no way to reference the manual for guidance.in addition, the manual is frequently changed without employees receiving timely updates.
Recommendation: Provide each employee with a hard copy of the new manual, with periodic updates. Maintain a copy in the office for reference.
Policy and Procedure Manual Issues: Official Mandates
Administrative orders affecting all court employees working conditions, salaries, and positions are covertly implemented. Employees were compelled to sign and acknowledge new administrative orders without being given a copy of the complete disclosure prior to signing. See Administrative Order # 2003RD-0013 Adoption of Reduction and Reassignment of Personnel Policy for Gila County Superior Court Employees.
Recommendation: Since these orders appear to be in direct violation of Federal Labor Law, they need to be rescinded.
Policy and Procedure Manual Issues: Official Mandates
Again, employees were compelled to sign and acknowledge new administrative orders without being given a copy of the full and complete disclosure prior to signing. Administrative Order #2003RD-009 The Education and Career Development of Gila County Superior Court Employees mandates employee reimbursement to the Court for training, required by the department, if employment is terminated within 180 days of training.
Recommendation: Since these orders appear to be in direct violation of Federal Labor Law, they need to be rescinded.
Policy and Procedure Manual Issues: Disparity of Benefits
A disparity exists between Gila County Superior Court Employees and all other Gila County Employees. Compensation benefits of sick time and vacation accrual limits are vastly different. A separate and unequal class status exists for Gila County Superior Court employees as compared to all other Gila County employees, as evidenced by the conflict between the Gila County Superior Court Employees Judicial Merit System, and the Gila County Personnel Administration policies for all other Gila County employees.
Recommendation: Adopt uniform Polices and Benefits.
Policy and Procedure Manual Issues: Supervision Inconsistencies
After being given an annual performance evaluation on 4-6-04, and after my supervisor and I signed the evaluation, days later, I was given a down rated evaluation for the same time period. The explanation was that there was a new scoring method directive from the Chief of Probation and that the original evaluation was voided.
Recommendation: Rating criteria should not be implemented retroactively. Employees must be given 90 days advance notice for any changes in the rating criteria.
In conclusion, it is my contention that I have endured intolerable and unsafe working conditions, policy inconsistencies, disparity in duties, and a general hostile work environment in my employment with the Gila County Probation Department. Over the years, I have addressed most of these issues which were blatantly ignored. The Gila County Superior Court Administration has knowingly allowed these conditions to continue, and are unwilling to correct them.
Sincerely,
Donald
Cc: Hellen J. Carter, Chief Probation Officer Gila County Superior Court
Honorable Robert Duber II, Presiding Judge, Gila County
Ben Albright, Supervisor, Gila County Probation
The Gila County Board of Supervisors
Administration of Courts, Court Operations Unit (CORE)
The Industrial Commission of AZ, Division of Occupational Safety and Health
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