Kiesel v Wadoc Wa Pab Appeal Order of Dismissal 1993 Medical Neglect
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BEFORE THE PERSONNEL APPEALS BOARD 1& fE@fEOWfEmJ STATE OF WASHINGTON SHARON KIESEL, ) ) ) ) ) ) ) ) ) ) ) Appellant, v. DEPARTMENT OF CORRECTIONS, Respondent. NOV 03 1993 A PERSONNEL PPEALS BOARD Case No. D93-100 ORDER OF DISMISSAL THIS MATTER came before JENNIFER WOODS, Hearings Examiner, pursuant to the October 26, 1993 letter from Appellant's union representative indicating her wish to withdraw this appeal. Based upon the foregoing, Hearings Examiner now enters the following ORDER IT IS HEREBY ORDERED that this appeal is dismissed. DATED this 1st day of November, 1993. Washington State Personnel Appeals Board a (,\ -'-'-.L"J \ ~.? / By: ORDER OF DISMISSAL .. :-...... aSh .; t 3, . . hLt. m am/.t.3t2!2.t.J.ttt.. 1 ' I I d c.'/\ G~ ~ "n,-, 'J , / ' '- Jennifer Woods Hearings Examiner JENNIFER WOODS Attorney at Law 715 North 193rd Place Seattle, WA 98133 (206) 546-9081 CHASE RIVELAND Secretary STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS McNEIL ISLAND CORRECTIONS CENTER P.D.Box 900 • Steilacoom, Washington 98388-0900 August 4, 1993 fR?~~~a~rg[D] PEASONNt;L. Sharon Kiesel 8521 29th Ave. Ct. S. #6 Tacoma, WA 98409 CONFIDENTIAL -PERSONAL SERVICE APPEALS BOARD Ms. Kiesel: This is official notification that you are being suspended without pay from your position as a Pharmacy Assistant-A from the beginning of your workshift on August 9, 1993 through the end of your workshift on August 13, 1993. This disciplinary action is taken pursuant to the Civil Service Laws of Washington State, Chapter 41.06, Revised Code of Washington, and the Merit System Rules, Title 356, Washington Administrative Code (MSR), and Sections 356-34-010 (1) (a) Neglect of Duty, (b) Inefficiency, (c) Incompetence, and 356-34-030 Suspension - Duration - Procedure. Specifically, you neglected your duty, and were inefficient and incompetent when on June 9, 1993 you 1) incorrectly filled a prescription for inmate Henry C., No. 177695, by dispensing a lower dosage than what was prescribed by the physiciani and 2) produced two prescription labels with erroneous instructions and affixed them to containers which you filled with medication for dispensation to inmates Robert F., No. 177731, and Dean S., No. 177723, respectively. These actions are described in more detail in the Employee Conduct Report, which was completed on July 20, 1993 (attachment 1). As a licensed Pharmacy Assistant A, you have a duty to dispense medication appropriately and accurately. In fact, the safety and wellbeing of inmates depend on it. With your nearly twelve years of relevant experience, I can find no excuse for you not accomplishing your job requirements in a timely, ac~urate and competent manner. You have an obligation to ensure that your work is done precisely; however, the errors which you made on June 9, 1993, illustrate a continuous pattern of inattention to detail which you have unfortunately developed subsequent to your assuming your Pharmacy Assistant position at this', institution. You have been counseled relative to your carelessness and warned about the consequences should these serious errors continue. Evidence of this counseling and identification of possible consequences is included in two corrective interview documents, dated May 14, 1993, and June 2, 1993, (attachments 2 and 3 respectively) which specifically cite several instances of prescription dispensation errors on your part. Additionally, on May 28, 1993, you received a letter of reprimand for 11/ Sharon Kiesel August 4, 1993 Page 2 of 2 incorrectly filling one prescription and failure to fill two others (attachment 4). By your failure to properly fill prescriptions you have placed this institution in an untenable position; open to litigation, and other repercussions to the inmates- in our care ranging from minimal medical reactions to loss of physical well-being, up to and including the loss of life. You have seriously neglected your duty, and demonstrated inefficiency and incompetence by the careless way in which you have carried out your duties. Additionally, you have neglected your duty by disregarding the numerous instances of supervisory direction you received. Although you have only been at MICC since March 15, 1993, I am appalled at the level of unacceptable performance in such a short time. Your previous work in a similar setting demonstrated your ability to perform your duties in an acceptable manner. I believe the disciplinary action outlined in paragraph one is warranted, and sincerely hope that it convinces you of the seriousness of your actions and deters you from further incidents of this nature. Future wrongdoing on your part may result in further corrective or disciplinary action being taken against you, up to and including dismissal. Attachments one through four are attached hereto and by this reference, made a part hereof as though fully set forth herein. Under the provisions of WAC 358-20-010 and WAC 358-20-040, you have a right to appeal this action to the Personnel Appeals Board. Your appeal must be filed in writing at the Office of the Executive Secretary, Personnel Appeals Board, thirty (30) days after the first day of your suspension as stated in paragraph one of this letter. The Merit System Rules, Washington Administrative Code, and Department of Corrections policies are available for your review in the personnel office. ~U~~ Eldon Vail, Superintendent Attachment(s) cc: Dennis Karras, Director, Department of Personnel Jennie Adkins, Director, Division of Human Resources James Blodgett, Assistant Director, Division of Prisons Linda Dalton, Assistant Attorney General Donna Grazzini, Area Personnel Manager Katherine Nagel, MICC Personnel Officer Personnel file .. DEPARTMENT OF CORRECTIOI- EPtt.r...OYEE CONDUCT REPORT .J THIS FORM TO BE USED IN COMPLIANCE WITH POLICY DIRECTIVE NO. 857.005 .. , .i INSTRUCTIONS AND TIME LIMITS: 1. The person making the report shall provide a clear description of the incident under "Description of Incident",· and, with any witness(es) or person(s) having knowledge, shall sign in the space provided and submit to the supervisor of the involved employee within fourteen (14) calendar days after the date of discovery of an employee's alleged misconduct. . 2. The form shall be submitted to the employee involved who shall complete the "Employee's Statement" and return the report to his/her supervisor within seven (7) calendar days following the date of receipt. 3. The appropriate supervisor shall review the facts of the incident, complete the "Supervisor's Report" and submit the report to the Office Head within seven (7) calendar days following the date of receipt. ; 4. The Office Head or designated representative shall review and within thirty (30) calendar days following the . date of receipt determine whether misconduct has occurred. This shall be reported under "Administrative Comments" and shared with the employee. When the supervisor and Office Head are the same person, the supervisor's supervisor shall complete the Administrative Comments. IPLOYEE INVOLVED ORGANIZATIONAL UNIT MICC Pharmacy iharon Kiesel SmONTlTLE I DATE OF INCIDENT larmaCy Asst. A nMEOF INCIDENT 06/09/93 0 AM 0 PM lESCRIPTION OF INCIDENT: On June 9, 1993, I discovered yOI! had incorrectly filled a prescription for inmate Henry C, prescription No. 177695. You gave him Doxepin 25 MG instead of Doxepin 50 correct this as soon as I discovered the mistake. MG~ ~i Had"you Additionally, I was stopped at the Steilacoom Dock at 4:35 p.m. that evening by PA Sacay, who inguired about the instructions on the label for inmate Robert E., prescription No. 177731. The label you produced was incorrect: it read 1 tablet at bedtime, #14 and shOuld have read 2 tablets at bedtime, #28. this the next morning. On that same morning, I I had you correct found a note from PA Sacay regarding another labe'l yoi! had dorie"incorrectly for inmate -Dean S , prescription No. 177723, for BlJspar The lab!?l produced was incorrect; it read 1 tablet at YOII should bave read 21/. tablets (25 MG) at 11'00 10 MG. a m and bedtime if needed. and 11'00 a m and at bedtjme jf needed TIATEDBY: >Ie (PLEASE PRINT) posmONmLE ~, AA ,;:t"I Pharmacist .inda Paulson ML IJ.~... _" ZTURE DATE 06/11/93 ITNESS(ES): '-IE POSITION TITLE SIGNATURE DATE '~E posmON TITLE . SIGNATURE DATE -" -_. ... -'\, 1·30tREV.3-851 ·294· ···.1.5£ .. 33 .j m!itt it 205. ,;;;g;.. .tut. @MW.'~,W.M.4.6,.&.C.45,5,t.tit,gi$i$i .hLil..4.45.& ..... Q4MMJ.tU.kc..t ... , .-- iq- DATE DELIVERED TO EMPLOYEE (( - 9 >~ Date: SUPERVISOR'S REPORT: DATE RECEIVED BY SUPERVISOR BY: On June 23, 1993, Ms. Kiesel and I met to discuss the above described medication error. Ms. Kiesel was advised as to her right to union representation and chose to proceed without. Ms. Kiesel acknowledged making the error and reiterated her statement above in terms of time pressure and the fact the error was also missed by her supervisor. Ms. Kiesel acknowledged previous discussion with her supervisor regarding medication errors and indicates a sincere willingness to improve by reduction of errors. records of inmates Call-out F·V.~~~",,, r suggest the pharmacy had over 5 hours to process inmate Heftl!'y C. n prescription and over I 1/2.hours to process inmate Robert F. prescription. Signature & Title of Supervisor: Date: ADMINISTRATIVE COMMENTS: DATE RECEIVED BY OFFICE HEAD We met to discuss BY: this Employee Conduct Report on July 8, was Personnel Officer Donna Graznni. &> - 2 5 - 2 3 1993. Also in attendance Based upon my review of the available information, it is my decision that misconduct did occur in this situation. Corrective/disciplinary action will follow under separate cover. Signature of Office Head: DISTRIBUTION: ORIGINAL-EMPLOYEE'S PERSONNEL FILE -. .... --- _.-- _.~ _. -.._-- Date: 7 ( ,J..J..!JJ ~rlJMffJtrl ~~-; %d f'AA;NF"l L I SI.ANO COR RECTI ONS CENTER ,. .• .IAIl.Y IIOSPITAL CALL SHEET .. Prepared By: · : .:-.;. :.-C:j DATE OF APPOINTMENT WEDNESDAY. JUNE 9th, 1993 :;..;: ! ·. ~~~t· TI~ ~ NAME HOUSE SWM1, Greg B1312 1 :00 p.T ./?:J/O I' rClf 1\3052 1:30 p.r /:J.!J(' JOHNS O~:, J e rerny A2162 1:30 p.r ·1:3t.{O SOLOMO~, John A1292 1:45 p.r .,) PERKI~S, Richard C4212 2:00 p.T 11:[;< STEWA~D, Da vid PURPOSE J. Bami1ton/CT3 DEPARTMENT Pat Arnold/RN2 n I · -- i .·-. I .- .. :'"t. ~IAS, I ·~LANTE, Raymond AND08 2:10 p.~ Nursing Staff ' J 1t./ClJ ·1'fIU .- ANB32 Jaime !NO, ·NOD n J ~.1 " o.~oastman/LPN3 l~( n . :<ELL'l, George i :pWINELL, Ricky : CHAMBERS, Henry I ~OUNG, Carl - - I i HELPS, :"ndy I FLORES, Alejandro i SMITH, Donald WILKERSON, 1: 00 p. n • ANE25 8: 30 a. n • <;}SV AND39 9:00 a.I! .~-~ C4052 9:30 a.I! .'11/) C4281 10:00 a. m. " ANE24 10:30 D()~ 1040 a.m.~...ss- l~~ n 11:00 a.m-/n~<" - ANE16 - AND26 GuY ., - ANA39 Lavoy ~$KEY-KING, - AND37 L' . • • Dr. Ritter ~r qJ rJ ~-; :Eh.ly~ " 9-y" " /l~b I/O'S ' _. v)'-. " ANE21 I I J-THOMAS, ~EMBERGER, Charles JACKSO~, -. ROj' Montagae " I C4061 A2211 12:45 J) ;-)}j~ A3171 p.n.J~~ I~ " " p.rn 1:30 p.rn " I~Jl~ ~G{( " W' SWENSm;, Dean i McDONALD, Steven 1\4041 " A2161 " I ::ARTER, Sathaniel AI091 " i fINXER, 'i'ho:'las 83351 2:45 p.rn ,.OTLEY, Ed~'a rod 82092 3 : 00 p. ! .MILLER, Xa1vin 83332 3:l5 04051 ! LEGGINS, Edward 1\4172 t BIGELOW, Mika A2032 J BmrnINGS, Lennie 1\2121 cox, A3112 Steven *' --+-.----------'------_ .. L~t/\ m /1-. ,!J p.rn "SIr 3:30 p.m 2:00 " " ", ~~) 9: 00 a. I! • '1'ff7/.. 9:45 a.I! J rll J 5/j - ·xt""o p.n.)if(X) 'd'tiJ loaD Dr " . .. Chapter 246-901 WAC PHARMACY ASSISTANTS WAC 246-901~20 246-901~30 246-901~40 246-901~50 246-901~60 246-901~70 246-901~1l0 246-901-090 246-901-100 246-901-110 246-901-120 246-901-1J0 Level A ph:armacy ;u.sisl:snts utiliution. Level A eduC.llltion and Iraining. Limilalions. trainees. Level A program approval. Level A ceniricalion. Level B pharmacy :sssislanLS utiliution. Level B certific:uion progr:UN. Identifical ion. Bc:iard approv:sl of ph:lnlU1cies utilizing pharmllcy assislllnu. Level A expericnce equivalency. Phlltm:lc) assislllnt AIDS prevention lind inform:stion eduCllion requirements. Pharmacist 10 phllrmacy assistant r:llio. WAC 246-901-020 Leyel A pharmacy assistants utilization; (I) Level A pharmacy assistants may assist in performing: under the immediate supervision and control of a licensed pharmacist. manipulative. nondiscretionary functions associated with the practice of pharmacy. " (2) Immediate 'supervision shall include visual and/or physical proximity that will insure adequate" safely controls. except that the board of pharmacy may apply the standards of the joint commission on accreditation of hospitals for facilities licensed pursuant to chapters 70.41 or 71.12 RCW. (3) The following shall not be considered to be manipulative and nondiscretionary functions associated with the practice of pharmacy: (a) Consultation with the pr~criber regarding the patient and his prescription. (b) Receipt of a verbal prescription other than refill approval or denial from a prescriber. (c) Consultation with the patient regarding the prescription, both prior to and after the prescription filJing and/or regarding any information contained in a patient medication record system. (d) Interpretation and identification of the contents of the prescription document. (e) Determination of the product required for the prescription. (f) Extemporaneous compounding of the prescription. except in accordance with written policies and procedures in accordance with WAC 246-90 I-I 00(2). whereby the accuracy. correct procedure and preparation. and safety of pharmaceutical constituents can be verified by the pharmacist. (g) Interpretation of data in a patient medication record system. \):,.' (h) Fin:.1 check on all aspects of the completed pre~ scription and assumption of the responsibility for the .filled prescription, including but not limited to accuracy of drug. strength. labeling. and proper container. (i) Dispense prescriptions to patient with proper pa(8/30/91) tient information as required by WAC 246-869-210. (j) Any duty required by law, rule or regulation to b'I: performed only by a registered pharmacist.' [Stalutot\ Authority: Amended effective 6/28/92; Statutory Au·thority: RCW 18.64.00S and chapter IS.64A RCW. 91IS-'lS7 (Order 1918). recodified as § 246-901-020. filed 8/30/91, effective 9/30/91; Order 141, § 360-52010. filed 12/9/77.] WAC 246-901-030 Leyel A educ.lIlion :lad mining. (I) The education and/or training of Level A pharmac," assistants shall be obtained in one of the following manners: (a) Formal academic program for pharmacy assistant training approved by the board. (b) On-the-job training program following guidelines approved by the board. (2) The minimum educational requirement shall be high school graduation or G.E.D. [Statutory Authoritv: RCW 18.64.005 and chapter IS.64A RCW. 91-18-057 (Order 191 B). recodified as § 246-901-030. filed 8/30/91. effective 9/30/91; Order 141. § 360-52-020. filed 12/9/77.] WAC 246-901-040 Limitations, trainea. An individual enrolled in a training program for Level A pharo macy assistants will perform Level A functions only under the immediate supervision of a pharmacist preceptor or a delegated alternate pharmacist. [Statutory Authority: RCW 18.64.005 and chapter IS.64,\ RCW. 91-18-057 (Order 191 B). recodified as § 246-901-040. filed 8/30/91. effective 9/30/91; Order 141, § 360-52030, filed 12/9/77.] WAC 246-901-050 uTel A program approYsl. (I) Program standards. The board will establish standards by which programs designed to train Level A pharmac)' assistants shall be judged. (2) Approval. In order for a program for training pharmacy assistants to be considered for approval by the board. the director of the program. who shall be a pharmacist. shall submit to the boar~ a description of. !he course of training offered. including subjects taughl. method of teaching, and practical experience provided. The director of the program shalJ also advise the ooard concerning the skills and knowledge which arc obtained in such course. and the method by which the proficicncy of the pharmacy assistant in those skills and knowledge was tested or ascertained. The board may require such additional information from program sponsors as it desires. (3) Program change. The board shall be informed and shall grant approval before any significant change in program can ~c.J.Illi?b'Jlented. IClI. 2"~90t WAC-p II AUGUST 18, .1993 TO: Secretary of Department of Corrections FROM: Sharon Kiesel, PhA MICC SUBJECT: Second level grievance response appeal. I am forwarding this grievance filed on 7/7/93 in accordance with Article 10 of the Collective Bargaining Agreement, for appeal. I find the response unaccepable. In the response it addresses th~t I recognized Ms Paulson as my supervisor from the time that I arrived here at McNeil. I have never recognized I Ms Paulson as my· supervisor, I have from the very beginning objected to the position. She herself has on countless times said she was not a supervuisor. That she tried to be allocated to that position, but was unable to do so. I addressed this many time with the Health Care Manager, he considered her as a lead of a department. Which we all know leads connot do evaluations. I also asked for the Reviewer do futher discussion with me on my evaluation.' and was granted the request. The response said that since the Health Care Manager was no longer here that he could not·contacted. And that further discussion could nOli done with Associate Superintednent. My rights have already been violated and further discussion at this time is not accepablQ. As per the job specification of a Pharmacist, it does not allow a Pharmacist the duties of Corrective actions, Evaluations and etc. my Remedies should be granted at your level. Local 3163 cc: Sue Zukowsky;. Area Represen.ta tive·, . WFSE": File CHASE RIVELAND secretary STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS McNEil ISLAND CORRECTIONS CENTER P.D.Box 900 • Steilacoom, Washington 98388·0900 M E M.O RAN DUM TO: Shar~~_J._e_~ _ ~O}Jv~il FROM: Superintendent DATE: August 16, 1993 SUBJECT: G r i e van c e No. 070793K Second Step Response We met in my office at noon on Friday, August 6, 1993, to discuss the above mentioned grievance. Also present at this meeting was Personnel Officer Kathy Nagel. The basis of your grievance is that a special performance evaluation focusing on your work performance since you arrived at McNeil Island Corrections Center (MICC) was conducted improperly. Specifically, you identified the following as steps of noncompliance: 1. A non-supervisor was allowed to conduct and complete an employee performance evaluation. 2. Your cq was not discussed during the process. 3. Your request for further discussion with the reviewer was denied. You specifically stated that violations of Article 29.3 of the Collective Bargaining Agreement and Steps 2 and 4 of the Washington . State Employee Performance Evaluation (EPE) procedure had occurred. During our meeting I discovered that you were not using the current Collective Bargaining Agreement and we identified the correct articles you believe were violated as Article 29.3 and 29.4 (in addition to the two steps of the EPE procedure already identified) . Very simply, you contend that Ms. Paulson, as the Pharmacist, is not a supervisor as the Department of Personnel classification specification for Pharmacist does not specify supervisory duties. You identified a classification of Pharmacist Supervisor that specifically identifies supervisory duties and state that Mrs. Paulson's position, if indeed it is meant to supervise, should be allocated at that level. Until then, you believe she is working as a lead person and is not able to conduct performance evaluations with any staff member. S. Kiesel Grievance No. 070793K August 16, 1993 Page 2 of 3 The Pharmacist position is the only position of its kind at MICC. As such, it must function as the fully responsible manager of the Pharmacy program, including directing the work of subordinate staff. Management has the right to assign appropriate duties and responsibilities (including supervisory duties) to positions. The classification questionnaire (CQ) for your position identifies the Pharmacist, Ms. Paulson specifically, as the supervisor for the Pharmacy Assistant A position. Also, the organizational chart for the MICC health care area clearly identifies the Pharmacy Assistant A position as reporting to the Pharmacist position. The requirement to be a supervisor is not an allocating criteria for the Pharmacist classification, which is why it is not mentioned under the definition of the classification specification. The Pharmacy Supervisor classification you state would be the supervisory level of this series was specifically designed to require supervision of Pharmacists and other staff as an allocating criteria. Therefore, it is clear that the Pharmacist position does supervise the Pharmacy Assistant A position. You also identified, during our meeting, that you requested leave from and provided Ms. Paulson with leave slips, took training and direction from her and otherwise acted in a subordinate capacity to her supervisory capacity during your time in the Pharmacy. These actions were supported by Health Care Mgr. Ted Love, when he directed you to work with Ms. Paulson to have leave approved. By these actions, you recognized Ms. Paulson as your supervisor. Ms. Paulson, in her first step response, agreed that the cq was not provided to you and was not discussed. The EPE process recommends this step unless employees' are already familiar with their duties and responsibilities. As you yourself state, you have been a Pharmacy Assistant/Technician for over 12 years and are more than familiar with the duties and responsibilities required of you. The problems that precipitated the special EPE were not that you didn't know the duties and responsibilities, but that you were making too many errors. You have since received a copy of the cq for your position. You stated in our meeting that you spoke with Health Care Manager Ted Love during this process and requested further discussion on the evaluation. You state that he denied your request. If Mr. Love denied your request to further discuss your EPE, that was incorrect. As Mr. Love has resigned from service at MICC, I have no way of pursuing that issue with him. Regardless, I offer you a review of your EPE with Jerry Minaker, Associate Superintendent tasked with the 'overall responsibility of the MICC Infirmary. Notify me in writing by September 1, 1993, as to'when and/or if you would like this meeting to happen. At this point, even though the process is completed, you may still submit a rebuttal and have it S. Kiesel Grievance No. 070793K August 16 1993 Page 3 of 3 1 placed in your personnel file. Contact Personnel Officer Nagel if you have any questions about this process. I conclude that the Pharmacist position is the supervisor of the Pharmacy Assistant A position and as such l is responsible for directing the work of and conducting the EPE for that incumbent. I also conclude that while you were not given a copy of your position description (cq) you came to this position with over 12 years experience at the same level of work. Therefore there was no adverse impact on you by not receiving a copy of your current cq. Ms. Paulson has documented training you received and you state yourself that with your work experience background you know what a Pharmacy Assistant Als duties and responsibilities entail. I I Therefore I cannot support your allegations that violations of CBA Articles 29.3 and 29.4 and Steps 2 and 4 of the Washington State EPE procedure occurred. I cc: Personnel Office TO: E. Vail, Superintendent MICC FROM: Sharon Kiesel, PhA SUBJECT: First level ~rievance response appeal. I am forwarding this grievance filed on 7/07/93 to you for appeal. I find the response unacceptable. Firstly. the first level response addresses the fact that a person that is the manager of a department can do Evaluations of employees, with out having the title of Supervisor. I met with Mr Love, Health Care Manager. I addressed the situation, and it was stated that she was the lead person. As Merit Systems Rules addresses the definition of a lead worker as a person that conveys directives from the appointing authority. Secondly, if in fact that Ms Paulson was a Supervisor, she would be titled as such and paid as such. There is the position in the state system that is titled Pharmacist, Supervisor. I contend that if she was suppose to be a supervisor she would of been given this position. Thirdly, in the first level· response Ms. Paulson stated issues that were untrue and not factual. Respectfully. submitted, Sharon Kiesel CHASE RIVELAND Secretary STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS· McNEIL ISLAND CORRECTIONS CENTER P. O. Box 900. DATE: Steilacoom, Washington 98388·0900 August 4, 1993 TO: FROM: SUBJECT: GRIEVANCE #070793K This is to inform you that a step 2 Grievance hearing, on the above referenced grievance, has been scheduled on August 6, 1993 at 12:00 p.m. in the Superintendent's office. If you require union representation, it is your responsibility to make arrangements with your representative. EV:lll .·' CHASE RIVELAND Secretary STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS McNEIL ISLAND CORRECTIONS CENTER PoD.Box 900 • Steilacoom, Washington 98388-0900 M E M 0 ·R AND U M TO: Sharon Kiesel DATE: July 21, 1993 FROM: d~u~ Pharmacist SUBJECT: Grievance Response 070793K On July 14, 1993, . you and I met to discuss the grievance you filed on July 7, 1993. Personnel Officer Shirley Morstad attended this meeting. You elected to not have a representative present. In your grievance, you contend that a violation of Article 29.3 of the Collective Bargaining Agreement (CBA) occurred. This article states, in part: "The immediate supervisor shall discuss the performance evaluation when s/he presents the evaluation to the employee. II You allege that as the Pharmacist, I am not your immediate supervisor, and therefore, not able to conduct your performance evaluation. I have attached a copy of my letter of appointment which identifies me as the responsible manager of the McNeil Island Corrections Center (MICC) pharmacy. WAC 246-869-070 states, in part: II • the Ilresponsible manager" shall ensure that the pharmacy complies with all the laws, rules and regulations pertaining to the practice of pharmacy. Every portion of the establishment coming under the jurisdiction of the pharmacy laws shall be under the full and complete control of such responsible manager." Your employment as a Pharmacy Assistant falls directly under the jurisdiction of pharmacy law (chapter 18.64A RCW) and therefore also falls under the full and complete control of myself as responsible .. manager. To further clarify this, RCW 18.64A.030 states in part: IlLevel A pharmacy assistants may assist in performing, under the immediate supervision and control of a licensed pharmacist " Since I am the only licensed pharmacist at this facility, I must also Grievance 070793 Response July 21, 1993 Page 2 of 3 function as your immediate supervisor in order for you to work in the pharmacy. in compliance with the state law. The Washington State Department of Corrections (DOC) job bulletin for your position (attached) reiterates that this position is under the direct supervision of a registered pharmacist. Your classification questionnaire (attached) again states that you must work under the . supervision' of a registered pharmacist. I am also listed as the position supervisor on that paperwork and signed it as the immediate supervisor. The current organizational chart (attached) shows your position directly under my supervision. Additionally, I have fulfilled supervisory obligations during your time in the MICC pharmacy by signing your leave slips, and by conducting numerous supervisor conferences and corrective interviews with you. Therefore, I am responsible for supervising your position. I am your supervisor and CBA Article 29.3 has not been violated. In addition, in your grievance, you allege that Step 2 of the Washington State Performance procedure was violated as you were not given a copy of your classification questionnaire (cq) during the performance evaluation process. During our first evaluation discussion, you asked if I had a copy of your cq. I did not at that time and told you that you could get a copy from Ted Love, Heal th Care Manager, or his clerk, Jackie Hamilton. I also made the assumption that because of your long term state emploYment, you understood you could get a copy of your cq from the Personnel Office. Since you did not mention that you were not able to get a copy of your cq, I did not pursue this request. I am sorry that I did not follow-up with you to ensure that you had received a copy of your cq. I did provide a copy of your cq to you on July 14, 1993, after I realized that you had not yet gotten a copy. If you have questions about this cq, please do not hesitate to contact me. Your third allegation is that Step 4 of the Washington State Performance Procedure was also violated as a change in the work plan for the future was made without your input. I contacted you at the commissary on Wednesday June 30, 1993, to set up a meeting to discuss and then give you the reviewed performance evaluation. When you asked me if this was the final, typed version, I replied that it had been reviewed and was typed for your signature and any comments. At this point you refused to '. meet with me and told me to put the evaluation in a sealed envelope and leave it in Medical Records for you to pick up. I stated that I would be available to answer any questions and/or meet with you after you read the evaluation (which I indicated was very much as previously discussed with a few additions to the work plan) . Grievance 070793 Response July 21, 1993 Page 3 of 3 Step 4 of the evaluation procedure indicates, in part, that: " . both the supervisor and employee should complete Section II, "Work Plan for the Future" on their worksheets. . . . Section II of the Conference Report must be completed in full by the supervisor with the employee's assistance . . II I consulted you and incorporated your suggestions in the work plan for the future, adding them to my own expectations to complete the work plan. Therefore, I find that the procedure was followed and no violation occurred. You stated that you were refused further discussion with the reviewer, Ted Love. I asked Mr. Love if he refused to speak with you and he stated that he never received a request from you to further discuss your performance evaluation. Therefore, I cannot verify that such a request was made, or refused, and cannot find a violation of the procedure. I do not find that any violation of the Collective Bargaining Agreement happened. I do find that you were not provided with a copy of your classification questionnaire at the time of the initial conference for this special performance evaluation. Normally the cq is considered during an annual evaluation. The purpose of this special evaluation was to focus on specific performance issues, and was not expected to include consideration of any update of your cq. However, as you feel that a copy of your cq would be helpful, it was provided to you during our meeting on July 14, 1993. Also, an explanation of the reason you were not given the cq and-an apology has been extended in this response to your grievance. I do not find that this misunderstanding was a substantive flaw in the employee performance evaluation process, and also that no other violations of that process have occurred. Therefore, I cannot grant your other requested remedies. Your request that there not be any retaliation or harassment for filing this grievance is granted. You will be, as are all staff, treated fairly and equitably in all matters related to emploYment with McNeil Island Corrections Center. cc: Personnel ~TATE OF WASHIl\;GTON DEPARTMENT OF CORRECTIONS CHASE ~:VELANO. SECRETARY McNEIL ISLAND CORRECTIONS CENTER D 0 iJo.900 • 5t~liJc.)om. W,)\hll,q~on 983880900 January 14, 1992 Don Williams, Executive Director Washington State Board of Nursing 1300 Quince Street P.O. Box 47863 Olympia, Washington 98504-7863 Dear Mr. Williams, Please be advised that I have appointed Mrs. Linda M. Paulson, Registered Pharmacist, License Number 262-0301-11214, as the Responsible Manager for the McNeil Island Corrections Center Pharmacy with an effective date January 13, 1992 (Attachment 1) • . If you have any questions, please contact me at SCAN 296-1297. Sincerely cc: William L. C~llahan, Superintendent Jerry Tauscher, ASTS Nedra Reed, Business Manager File I .,' of'. />'(-: ...'!... PHARMACY ASSISTANT A .-.t .··PcnoD.ll or dUabilit)' DeediDC assbuacc ia the IppUcatiollllesti,qC process ml' eaI1 (l'rleNcU lslaAd CorrectIoa CCDler••• 588·5111 £xl. 167) or tdecollUDuDicatioA dcric:o tor the dear (IDD) 1·IGO-llJJ-6J18 or, Seattle uca oa!r.S87.S500. • •• SALARY: Range 30 ($1578 - $1987) WHO MAY APPLY: X ALL PERSONS MAY APPLY (OPEN COMPETITIVE). _ _ _ ONLY EMPLOYEES OF THE WASHINGTON STATE MERIT SYSTEM WHO HAVE PERMANENT STATUS IN A REGULAR, NON·PROJECT POSITION MAY APPLY. _ _ _ ONLY EMPLOYEES OF THE DEPARTMENT OF CORRECTIONS WHO HAVE PERMANENT STATUS IN A REGULAR. NON·PROJECT POSITION MAY APPLY. LOCATION: McNeil Island Corrections Center PRIMARY DUTIES: ASSISTS THE PHARMACIST IN TECHNICAL PHARMACY ACTIVITIES INCLUDING THE PREPARATION AND PACKAGING OF MEDICATIONS. PERFORMS ALL DUTIES UNOER THE DIRECT SUPERVISION OF A REGISTERED PHARMACIST. REQUIREMENTS: A VALID WASHINGTON STATE PHARMACY ASSISTANT A·LEVELCERTIFICATION. NOTES: ALL DEPARTMENT OF CORRECTIONS EMPLOYEES ARE FINGERPRINTED FOR A CRIMINAL HISTORY BACKGROUND CHECK. EMPLOYEES WORK WITH OFFENDERS IN A P9TENTIALLY HAZARDOUS SETTING. PLEASE CONSIDER THIS WHEN DECIDING WHETHER TO APPLY. SMOKING IS NOT PERMITTED WITHIN ANY DEPARTMENT OF CORRECTIONS BUILDING OR STATE VEHICLE. EXCEPT WHERE EXPLICITLY AUTHORIZED. WE :ll.RE UNABLE TO ACCEPT ANY ADDITIONAL INFORMATION AFTER THE CLOSING DATE. PLEASE READ THIS BULLETIN CAREFl:JlLY. APPLICANTS CLAIMING VETERANS PREFERENCE MUST PROVIDE A COpy OF THEIR DD214. LAST DAY TO FI LE: RECEIVED OR POSTMARKED BY WHERE TO FILE YOUR APPLICATION: EXAM ANNOUNCEMENT NUMBER: EXAM PROCESS: Q:en cmtirtnlS - N:Jt to Exceed Date of Publicatico ere Year fran McNeil Island Corrections Center, Personnel PO BOX 88900, Steilacoom WA 98388-0900 MICC 13-92 LLOC THE EXAMINATION WILL CONSIST OF A VERIFICATION OF TH E APPLICANT'oS EXPERIENCE AND TRAINING BASED UPON INFORMATION CONTAINED IN THE APPLICATION. PROMOTIONAL CANDIDATES WILL BE RANKED ACCORDING TO SCORES EARNED IN THE EXAMINATION. WEIGHTED 100%. ALL OTHER CANDIDATES WHO QUALIFY WILL Be CERTIFIED AS -ELIGIBLE- AND WILL HAVE THEIR NAMES PLACED ON NON·COMPETITIVE REGISTERS. EACH DOC LOCATION HAS THe AUTHORITY TO ACCEPT APPLICATIONS ONLY DURING THE RECRUITMENT PERIOD FOR THATLOCATION. .• ... ...... ---- -..... THE DEPARTMENT OF CORRECTIONS IS AN EQUAL OPPORTUNITY EMPLOYER. THE AGED, WOMEN. ETHNIC MINORITIES. THE HANDICAPPED, AND DISABLED AND VIETNAM ERA VETERANS ARE ENCOURAGED TO APPl Y. November 11. 1992 OnNING DATI 5371 cten Cqrtiru:us - f:bt to Exceed o-e Year CLOSING 9A rc PHARMACY ASSISTANT A fran Date or PlblicatiCfl PLEASE READ THE REVElI'ic 'i:De OF THIS BULLETIN FO~ ~Ot1E :NFORMATION REVISED 9/B9 STATrA"~ WASHlhCfOH CLASSIFICAllUN QUESTIONNAIRE (POSITION DESCRIPTIONI I. AGENCY NAME SN~ AAa~S AAa COM~LaT.D BY D.~AATMENT O~ peASONNaL , PHONE NO facant 7. SUBLlITTED FDA MAIL STOP WTOI ::"'1 PHONE NO. .. UPDATE S. POSITION ACTION HO. EIolPLOVEE 0 REALLOCATION I:!J ESTABLISHMENT IIoIIoIEDIATE SUPERVISOR'S CLASS TITLE Pharmacist CLASS CODE cuss nn.E 53710 'ha=::lacy Assistant "A" A"N~ nn.E o 588-5281 .ir.::a Paulson 0 588-5281 $1Ot< MrJTUTION,SECTIOHIUNIf ~t ~ •• SUBMITTED BV [ ] ADENCY )O?/MICC/Hospita1 SUPERVlSOR'S NAME 2. PO$I1ION NO. Department of Corrections III dll'a''''1 ilia" cia.. hila) ;a::e wnli PRESENT CUTIES YeARS 1ol0NTliS 'I.:·\ENT. WIlli Dept yt &,;lS LlOlmCS :A ~OO 12. HAS. OF WORK ' .. 40hrs/week OF E&.lP\.OVWENT .ICC Hospital Pharmacy 2~ v 1. EMPLOYEE'S STATEIolENT 01' DUTIES READ INSTRUcnONS CAAEFU1.LY BEFORE COMPLmNQ 'nflS. secnON. ~WK LIST THOSE Dunes FIRST WHICH OCCUpy MOST OF YOUR nME. UNDERLINE YOUR MOST RESPONSIBLE DUTY. :::JYR Under the supervision of a Registered Pharmacist, the Pharmacy Assistant "A" performs the following duties: 20\ Prescription Processing: Prep~res labels, places medication in single and/or multi-dose containers and maintains Pharmacy Medication Database to assist the Pharmacist in processing new and refillable prescriptions in an accurate and ~. manner. :5\ Stock Medication Monitoring: medications in the majP Room K;~' !o ,-,-,s 'c.' 1:'; ~ .-.~'flI~ u :,;..0 I"~ .. , .. J .•4 "tIO . ~M1, Medical of medication facilities to ",,-,t;'W£M'S gtl1 _ between MICe, the Minimum c~sto'qy unit. Packages appropriate medication ",:'".J.d'" disruption of therapy. ," ~ . :lI6 CO ,. ......... ,,~"ement .v. ~gregation. o 01'HER . HcNEIL ISLAND CORRECTIONS dinnER INPIRMARY ORGANIZATION CHART RECEIVED NOV 251992 . f *Sec 1 vacant h I BG44 Jerrv Hinaker, Associate hO_ D ...llI ".\:. PERSOfINEL OffICE I I Price KRT \ Paulson Ph BB96 0019 , I, ::~ ',- ·CT] Vacant I*PhAsat -A- , Vacant -KRT Vacant I HD , I Sacay PA DB7l Fleck PA-C FJ16 . Superinten~ent I . r PA-C HE72 Vacant Race "1'2 8050 ' I I RB90 Ted Love, HCH I I- Ramilton CT3 1'177 ..~'. ; . I HE08 Bldon Vail, Superintendent 1 Callaghan RN3 0893 I I I RH2 Anlstrong RD66 Arnold 0020 Day BI44 Dalton HB72 Beerinv 8065 LPN] Davenport n88 oeltlllan HB8] Lake BOG7 Laaire 8067 Telllp Vacant BD67 Temp DenBlDOre BD67 Int \ :~n -I I *RN2 ·Vacant ·Vacant ·Vacant ·Vacant ·Vacant , ·Vacant I Forsyth DDS \ SCT\ \ 0548 1 ~ Vacant *SCT i i D~S \ \ -Dent 2 \ Sloet PayS I HUls DA2 BN48 Cook DA2 GE16 Itapala OH2 PP50 ·082 Vacant ·Dent Lab Tee, Vacant . . . . . . . . by•. ~' #6'?,' .. ..... Oatel Approved by. Datel .Propos.d expansion poaition I Diven GE23 . ., Vacant I 1 \ Vacant ·DA2 BC08 1 I Auclair PsyJ 8820 Rapp PSlf4 RC07 ·Pay 3 Vacant I, I I I 07a 79 3' K Grievance # OFFICIAL GRIEVANCE FORM WASHINGTON FEDERATION OF STATE EMPLOYEES, AFL·CIO (To be completed In five parts, no carbon required) 3/ (/) 3 Local '; - 0,; v1hCtAh\ Name of Employee' Place of Employment 1-1-7'>5 Date filed (Full title ~,mber) • eftAM.) UJ---"ll..........l.Q~C=---]( (t2h- () Title and Grade . ~ supeMser .. ~ 'J et,~ ,/J,e;,UYv Directions: Any employee who desires 10 file a grievance wilh a Local Union must complete this form and sign it: one copy will be delivered 10 the appropriate supervisor; one copy 10 the Area Representative; one copy will be forwarded 10 Ihe Local Union; one copy retained by the employee; and one copy to Ihe Council Office, Note: II is the Sieward's/Chief Sieward's responsibility to mail one copy of the form 10 the Area Representative and one copy 10 the Council Office. Nature of Grievance: (State briefly but fully pertinent information such as date, place, who caused the action objected to (if known) and relevant inequitable or unfair treatment. Use additional sheets if necessary.) ., . • .~ J CI/tn ~ _d~<Ja~ ?~ ~ ttt-i.~~~.·: ~ .13a:lfP-~~ (0Ui~ 0f~~g{{~d~l. / () l ce f3 (iJ}-iL tdwluulT,-~/di.-{J~.At'a-,~(;{I&<~tL. 1 ~ (;)31 <>h UA-u. b.u. ~~. 0h ~ ""~. Ol<.-e.u_td: ;:J~ d.4. I~-~p.u-LLL~'''' C'!J,J (jJJAfYl~J. wi;d;:1f~16'({!~ ) ~.f(j\ 8Uu.L-tt.w-',/:::J~d ~ C.Q'lU~ ~t"&Q [, C!..Q (vJaa jlt1UA /ZLltu- ~~~Vl1t{u..Jl~1;l , f!t(,VJA<r, 'J~ flU. CtJ .la..a:4J-JA iV/~«- ~u:tbdJ:~~kkf~ ,0,.{,~cv.~iU~.~ .~.::...- ,J~EDY R E Q U E S T E D : . '. ~~), ". j. O/((L.:I 0iu. 'f!"ulL-f.a:t-UM-/ c:I::rct..J 3-lr-t/3 TO b-/J-Ci3, &. c6:5t~:¥.~ . Ct.11:. CL (.( CU! i(,~ o-eP o.Le ~~ -n · (if a:ttl/'4.1 ~.. ...". . :-;. ~ {) .OIL4..+;Jb ,'1A.J ~1Ti.{.<. ~~ (j,{ /7 a,l,'1 UJ t~ 'JUlJtc.~: )LLi.(J~, 1. VLh f I ([. ... EmJlloyee's Signature ~ .'i .y'-L~i. "'~CU \ I hereby authorize my union representative to examine my personnel file. Employee's Signature & Date ., ~6L \-?f b Signature of Supervisor Receiving Grievance & Date' Signature of Chief Steward (if applicable) & Date ~ ?a ,. i-I .IlDI:.Il DCDDr.:CH::I\ITATn/l: •