Ok Doc Termination Letters Sept 2012
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JUlllaJona DlRdor . Slide or Oklahoma Oklahoma Department of Qlrm:tloas Dlvlllon III - lolltllJllJoas September 05.2012 Beatrice S. Glover Correctional Security Manager I Oklahoma State Penitentiary Re: Termination of Employment Dear Lieutenant Glover: This letter is to notify you that you are terminated from your employment with the Department of Corrections effective September OS, 2012. This action is being taken under Merit Rule 4p5: 10-11-14 and 17 which provide that a permanent classified employee may be discharged for cause to wit: misconduct, Inefficiency and other just cause. Statute. Rule! Policy! Practice or Procedure Violated • OP - 110215 - "Rules Concerning the Individual Conduct of Employees" I. Establishment of Rules and Code of Conduct A. Code of Conduct Employees of the department shall, at all times, conduct themselves in a manner befitting the office or position that the employee holds. Employees shall uphold the correctional employee oath, as well as the public's trust, and will reflect the highest ethical standards. Employees will: 1. Devote full time, atten.tlon and effort to their duties during assigned hours of duty; 3. Refrain from conduct which is corrupt, Illegal, serves to denigrate, demean, or disregard the welfare of others; 4. Promote and model exemplary, law abiding behavior; (4~ACRS-3A (07); Beatrice s. Glover Correctional Security Manager I Oklahoma State Penitentiary Tenninatlon of Employment Page 2 7. Conduct work In a' manner which contributes to and supports a safe and healthful work environment; (4-APPFS-3E-01) and B. Promptly and truthfully report any improper actions which violate department policies and procedures, endanger others, or undermine the principles contained herein. II. Duties and Responsibilities A. Compliance 1. Laws/rules/regulations/policles/procedures/dlrectlves/orders a. Employees will comply with all laws, rules, and regulations, which apply to any aspect of their job duties, responsibilities, or state employment b. Employees will comply with all department policies and procedures contained in policy statements, operations memoranda, administrative memoranda, field memoranda and other written or verbal directives Including the lawful orders or directives of department supervisors and managers. D. Performance of Duties Employees will fulfill, to the best of their abilities, the duties of their position (MerH rule 530:10-11-91 (a) and devote full time, attention, and effort to the duties and responsibilities of their positions ,during assigned hours of duty (Merit Rule 530:10-11-91(d» (Oklahoma Constitution, Mil, Section 11). 2. Employees will not willfully fall to carry out their assigned duties, nor willfully misrepresent actual work performed, hours worked, or whereabouts while on duty, Employees will not engage in any activities not directly related to their assigned departmental duties while on work time. OSP-040102-43 II; B ", ..The unit Lieutenants will ensure through inspections and observations that all equipment Is In working order and any equipment that is in need of replacement or repair Is documented and submitted." OSP-040102-43 IV; B,B The Lieutenants will ensure that weekly security device inspections including windows, locks, doors, gates, etc. are completed properly and documented in compliance with OSP~040104-01 "Inspection of Security Devices" (4-4186). Beatrice S. Glover Correctional Security Manager I Oklahoma State Penitentiary Termination of Employment Page 3 Description of Acts or Omissions Constituting Grounds for Suspension During the period June 2012 thru July 2012 you were assigned to H Unit. You were responsible for documenting the 'Weekly Health and Safety Inspection Reports- for that Unit. On those reports you indicated in Item 37 that All fire alarms are in working order. On July 28, 2012 H Unit NE5 offender Parker 485685 had started a smoldering fire in his cell. The fire alarm did not activate to alert the unit that smoke andlor fire was in the area. It was later discovered the fire alarm was inoperative and had been since June 24, 2012. Failure to conduct your inspection properiy and to document correct Information on your reports as outlined In policy Is a contributing factor In this Incident. This Is a failure of our most basic mission to protect the public, the staff, and the offender. Prior Disciplinary Action None Right to Appeal You have a right to file an appeal within 20 calendar days of receipt of this letter with the Merit Protection Commission located at 3545 N.W. 58th Street, Suite 360, Oklahoma City, OK, 73112. A copy of the Commission appeal form Is attached. The Merit Protection Commission requires that appeals be filed electronically through their website, www.ok.govlokmpc. If you are unable to file . electronically, you must contact the Commission in advance to request permission.to proceed with a paper-only appeal. Sincerely, flJ*P Randall G. Workman, Warden Oklahoma State Penitentiary Distribution: Original to Employee Copy to personnel file Copy to central personnel unit administrator Attachment: MPC Appeal Form 201 HAS r CII I: ROKEEoM('AI.ESTER·OK 74S0 1·S0olU·()FfICE: (91 3H2J-4 I+loFAX: (C)J 8)42(,.11116 ' It~ . . • , JusdnJonea Director .. ~ _'.' ~ . MaryFaDln Governor ,-: State of Oklahoma OklabollUl Deplll1lDellt of Correcdolll DlvIIIDD D1- baItltuliolll September 13, 2012 Larry Jiles Correctional Security Manager I Oklahoma State Penitentiary Re: Termination of Employment Dear LIeutenant Jiles, . This letter is to notify you that you are being terminated from your employment with the Department of Corrections effective September 13, 2012. This action is being taken under Merit Rule 445: 10-11-14 and 17 which provide a permanent classified employee may be discharged for cause wit: misconduct, inefficiency and other just cause. Statute. Rule, Po/1cv. Practice or Procedure Violated Merit Rule 455: 10-11-14 lists the causes for termination including misconduct. conduct unbecoming a public employee and any other just cause. OP -110215 - "Rules Concerning the Individual Conduct of Employees" I. Establishment of Rules and Code of Conduct . A. Code of Conduct Employees of the department shall, at all times, conduct themselves in a manner befitting the office or position that the employee holds. Employees shall uphold the correctional employee oath, as well as the public's trust, and will reflect the highest ethical standards. Employees will: 1. Devote fuU time, attention and effort to their duties during assigned hours of duty; 3. Refrain from conduct which is corrupt, illegal. serves to denigrate, demean, or disregard the welfare of others; 4. Promote and model exemplary, law abiding behavior; (4-ACRS-3A(07); 201 E,\ST CIII:ROK EE'MC,\I.ESTER-OK 1 4501-5040-01'1'1('1:: (91 Rl 42J-II .J,t·Fi\X· (918 ) -126-61 16 Larry Jiles Correctional Security Manager I Oklahoma State Penitentiary Termination of Employment pg.02 7. Conduct work in a manner which contributes to and supports a safe and healthful work environment; (4-APPFS-3E..01) and 8. Promptly and truthfully report any Improper actions which violate department policies and procedures, endanger others, or undermine the principles contained herein. II. Duties and Responsibilities A. Compfiance 1. Laws/rules/regulatlonslpollcles/procedures/directlves/orders a. Employees will comply with all laws, rules, and regulations, which apply to any aspect of their job duties, responsibilities, or state employment. b. Employees will comply with all department policies and proced"ures contained In policy statements, operations memoranda, administrative memoranda, field memoranda and other written or verbal directives including the lawful orders or directives of department supervisors and managers. D. Performance of Duties Employees will fulfill, to the best of their abilities, the duties of their position {Merit rule 530:10-11-91 (a) and devote full time, attentiof1. and effort to the duties and responsibilities of their positions during assigned hours of duty (Merit Rule 530:10-11-91(d» (Oklahoma Constitution, Art. II, Section 11). 2. Employees will not willfully fall to carry out their assigned duties, nor willfully misrepresent actual work performed, hours worked, or whereabouts while on duty, Employees will not engage in any activities not directly related to their assigned departmental duties while on work time. OSP - 040102- 43 II B ''The Unit Lieutenants will ensure through inspections and observations that all equipment Is In working order and any equipment that Is in need of replacement or repair is documented and submitted." (4-4186) asp - 040102 - 43 IV B 2 ''The Lieutenants will ensure that maintenance work orders are submitted on all inoperable equipment or areas in need of repair." {44186 201 EASTCH EROKflEoM('ALESTl!RoOK 1450I,504000FFICE: (918)423-4loW oFAX: (918)0126-<11 16 Larry Jiles Correctional Security Manager I Oklahoma Stale Penitentiary Termination of Employment pg.03 OSP - 040102-43 IV B 8 '111e Lieutenants will ensure that weekly security device inspections including windows, locks, doors, gates, fire panels, alarms (4-4219) and etc. are completed properly and documented in compliance with OSP 040104-01 "Inspection of Security Devices" (4-4186) OSP· 050102·02 V G "Assist in the evaCuation of casualties and the removal of flammable material from the immediate vicinity of the fire. ODOC OP 060109 - "1. Any staff member who Is involved in, Is witness to, or has knowledge of an Incident Involving offenders, staff, visitors, contraband or other reportable Issues will record the incident on the "lncldentlStaff Report" form (Attachment A, attached) and/or in the Offender Management System (OMS). If both methods are available, the incident will be recorded In OMS; a paper copy of the report may be printed from OMS If ~eeded." "Incident reports will be submitted to the shift/departmental supervisor prior to the end of the shift or prior to being relieved. If additional time Is needed to complete the report, prior approval must be received by the facllfty/dlstrlctlunlt head or designee." Description of Acts or Omissions Constituting Grounds for Suspension On July 28, 2012 you were assigned to work on H Unit NE5. During that tour of duty offender Parker 485685 had started a smoldering fire In his cell. It was reported to you by Sgt. Nair at approximately 1:50 p.m. that there was smoke coming from cell 5AA on the NE Quad of H Unit. You chose to end your shift and leave the premises. You took no responsibility as to what was happening dUring your tour of duty and left without reporting any information to your supervisors. You did not write an Incident report until July 31, 2012. During your ' interview with Agent Parvin on August 8, 2012, you admit knowledge of the event as you admit that you heard him report the smoke to Ll Pettit and "I didn't go check and look because Inmates build fires to heat up coffee all the time." "I didn't think It was that severe." A check of the fire alarm panel history found that the panel's last event was on June 24, 2012 and then a power up on July 28, 2012. Therefore the required security equipment checks were not being performed In accordance with policy. 201l!AST CIIliROKEF.-MC'ALESTERoOK 74S01-5040-0FFICE: (9111) 423-414.J-FAX: (1}IR)42b-6llb Larry Jiles Correctional Security Manager I Oklahoma State Penitentiary Termination of Employment pg.04 this is a failure of our most basic mission to protect the public, the staff, and the offender and Is negligent for the life, safety, and welfare of another human life. Prior Dlsclplinarv Action NlA BIght t9 Appeal You have ~ right to flle an appeal within 20 calendar days of receipt of this letter' with the Merit Protection Commission located at 3545 N.W. 58th Street, Suite 360, Oklahoma City, Ok,73112. A copy of the Commissioned appeal form Is attached. The Merit Protection requires that appeals be flied electronically through their website, www.ok.gov/okmpc. If you are unabl~ to file electronically, you must contact the CommIssion In advance to request permission to proceed with a paper-only appeal. SI"1)cfa:T Randall G. Workman, Warden Oklahoma State Penitentiary Distribution: Original to Employee Copy to personnel file Copy to central personnel unit administrator Attachment: MPC Appeal Fonn 201 EAST ('IIEROKEEoMCAJ.ESTERoOK 74S01-S04000FFICE: (9J8H23-4loW-FAX. (918)42(.-6116 S1ate ofOldalla_ Oldaho_ DIptu1DIeat orCorrecdDDa DItlllDa m -........CIo.. August 27. 2012 Jerry D. Hunt Safety Consultant III Oklahoma State Penitentiary Re: Termination of Employment Dear Mr. Hunt This letter is to notify you that you are terminated from your employment with the Department of Corrections effective Monday, August 27, 2012. This action Is being taken under Merit Rule 455:10·11-14 and 17 which provide that a permanent classified employee may be discharged for cause to wit: (misconduct and any other Just cause). Prior to making this final decision. I reviewed your performance evaluations. Statute. Rule. Policy. Practice or ProcedUre Violated Merit Rule 455: 10-11-14 lists the causes for termination including misconduct. conduct unbecoming a public employee and any other just calise. OP -110215 - "Rules Concerning the IndMdual Conduct of Employees" I. Establishment of Rules and Code of Conduct A. Code of Conduct Employees of the department shall. at all times, conduct themselves in a manner befitting the office or position that the employee holds. Employees shall uphold the correctional employee oath, as well as the pubnc's trust. and will reflect the highest ethical standards. Employees will: 1. Devote full time, attention and effort to their duties during assigned hours of duty; 2. Engage In conduct which affords respect, courtesy, and preserves the dignity of others; 3. Refrain from conduct which is corrupt, illegal, serves to denigrate, demean, or disregard the welfare of others; 201 EAST CHBROKEBoMCAIJlSTBRoOK 74S01-S04(J00FFlCB: (918) 423-4144 opAX: (918) 426-6116 JenyHunt Safety Consultant III Oklahoma State Penitentiary Termination of Employment Page 2 II. Duties and Responsibilities A. Compliance 1. LawslrulesJregulationsipolicies/proceduresldirectives/orders a. Employees will comply with all laws, rules, and regulations. which apply to any aspect of their job duties, responslbDlties, or state employment. b. Employees will comply with all department poliCies and procedures contained in policy statements, operations memoranda, administrative memoranda, field memoranda and other written or verbal directives Including the lawful orders or directives of department supervisors and managers. B. Insubordination Any failure to cany o~ the lawful orders or directives of supervisors/ managers. or any conduct towards a supervisor/manager which disregards or is disrespectful of the authority or office of the superlvisor/rilanager. wID be considered Insubordination. . 2. Employees will not willfully fail to cany out their assigned duties, nor willfully misrepresent actual work performed, hours worked, or whereabouts while on duty. Employees will not engage in any activities not directly related to their assigned departmental duties while on work time. OP -110355 "Procedures for Employee Attendance and Leave" C. Responsibilities of Employees Employees are responsible for: 1. Reporting for work as directed or scheduled. OSP-050102-02 I; B. 1 and 2 201 EASTCHBROKBEoMCALESTERoOK 74.501-S04OeOFPICE: (918) 423-4144oFAX: (918)42~1l6 Jerry Hunt Safety Consultant III Oklahoma State Pen1tentiary Tennlnatlon of Employment Page 3 Procedures for fire inspection and testing of equipment are outlined as foUows: 1. The designated, qualified, Ftre and Safety Officer wID perform a comprehensive and thorough inspection of the facility on a monthly and quarterly basis for compliance with fire and safety prevention standards. (4-4211 M #2) Weekly Fire and Safety reports will be turned into the Fire and Safety OffIcer. All persons designated for these duties wDl be trained according to fire and safety standards. The checklist developed by the department of corrections shall be used for recording the results of the Inspections. 2. All fire alarm systems and automatic detection system elements are to be tested on a quarterly -basis by an outside fire alarm contractor. (44211 M #2) The results of the test are to be recorded, and action to correct discrepancies will be taken Immediately after discovery of such. OSP..050102..02 IV; A. 5. A. The Warden will designate a qualified Fire and Safety OffIcer, who will be responsible for the performance of duties outlined below. 5. To conduct thorough monthly Inspections of the facility for compliance with safety and fire prevention standards. DescriPtion of Acts or Omissions Constituting Grounds for Suspension On July 28, 2012 offender Parker 485685 started a smoldering fire in his cell. When investigating the causes of the fire it was discovered that the fire alarm system had been tampered with causing the alarms to not function as they should. When questioned you stated that you had checked the alarms in the week previous to the Incident. Upon checking you then stated It could have been tetwo or three weeks". In fact the tampering had occurred on June 24, 2012 which had been over a month before the incident. Failure to carry out inspections of these systems is a failure of our most basic mission to protect the public. the staff, and the offender. 201 EAST CHEROKEE-MCALESTER-OK 74S01-SQ4OeOPPICB: (918) 423-4144-PAX: (918) 426-6116 Jerry Hunt Safety Consultant III Oklahoma State Penitentiary Tennlnation of Employment Page 4 Additionally, on August 8, 2012 at approximately 4:50PM, Art Ughtle, Acting Warden, Oklahoma State Penitentiary, instructed you to report for work on August 9, 2012 and that your leave request was canceled. This was pursuant to an investigation concerning the death of an offender due to smoke Inhalation related to the fire specified above. You stated you were tired of It; you were leaving and probably would not be In on August 9, 2012. You also stated you were packing your stuff, going to the house and would call and tell us if you were coming in or not. On August 9, 2012 you did not report to work or caUed your supervisor informing him that you would not be at work. Prior Dlsciplinarv Action None Right to Appeal You have a right to file an appeal within 20 calendar days of receipt of this letter with the Merit Protection commission located at 3545 N. W. 58th Street. Suite 360, Oklahoma City, OK, 73112. A copy of the Commission appeal form is attached. The Merit Protection Commission requires that appeals be filed electronically through their website, www.ok.gov/okmpc. If you are unable to file electronically, you must contact the Commission in advance to request permission to proceed with a paper-only appeal. Employee Signature/Date Distribution: Original to Employee Copy to personnel file Copy to central personnel unit administrator Attachment MPC Appeal Form 201 EASTCHBROICEB.MCALBSTBR·OK 74S01-S040·0mCE: (91S) 423-4144·PAX: (91S) 426-6116 )laryFaJlin Jutia JolICI Dlnelor Governlll' Slate of Oklahoma Oklahoma Department ofCCIJ'R~ou DlvllloD 111- lutilDlioRl September 07, 2012 David Willis Correctional Security officer IV Oklahoma State Penitentiary Re: Termination of Employment Dear Sergeant Willis: This letter Is to notify you that you are being terminated from your employment with the Department of Corrections effective September 07, 2012. This action Is being taken under Merit Rule 445: 10-11-14 and 17 which provide a permanent classified employee may be discharged for cause wit: misconduct, Inefficiency and other just cause. . Statute. Rule, Policy, Practice or Procedure Violated Merit Rule 455: 10-11-14 lists the causes for termination Including misconduct, conduct unbecoming a public employee and any other just cause. OP -110215 - "Rules·Concerning the Indlvidyal Conduct of Emplovees" I. Establishment of Rules and Code of Conduct A. Code of Conduct Employees of the department shall, at all times, conduct themselves in a manner befitting the office or position that the employee holds. Employees shall uphold the correctional employee oath. as well as the public's trust, and will reflect the highest ethical standards. Employees will; 1. Devote full time, attention and effort to their duties during assigned hours of duty; 3. Refrain from conduct which Is corrupt, illegal, serves to denigrate, demean, or disregard the welfare of others; 4. Promote and model exemplary, law abiding behavior; (4-ACRS-3A- (07): 201 EAST CI If.R(lKr:E~fCALHSTER·OK 7450 (-5040-01:I''/(.c: t9IS)42J-4I-M-I'AX. l'H ll j -I-.!Ii-bI16 David Willis Correctional Security Officer IV Oklahoma State Penitentiary Termination of Employment pg.2 7. Conduct work In a manner wh1ch contributes to and supports a safe and healthful work environment; (4-APPFS-3E-01) and 8. Promptly and truthfully report any Improper ac£ions which violate department policies and procedures, endanger others, or undermine the principles contained herein. II. Duties and Resoonsibllltjes A. Compliance 1. Laws/rules/regulations/policies/procedures/dlrectlves/orders a. Employees will comply with all laws, rules, and regulations, which apply to any aspect of their job duties, responsibilities, or state employment. b. Employees wlJl comply with all department policies and procedures contained in policy statements, operations memoranda, administrative memoranda, field memoranda and other written or verbal directives Including the lawful orders or directives of department supervisors and managers. D. Performance of Duties Employees will fulfill, to the best of their abilities, the duties of their position {Merit rule 530:1011-91 (a) and devote full time, attention, and effort to the duties and responsibilities of their positions during assigned hours of duty (Merit Rule 530:10-11-91 (d» (Oklahoma Constitution, Art. II, Section 11). 2. Employees will not willfully fall to carry out their assigned duties, nor willfully misrepresent actual work performed, hours worked. or whereabouts while on duty. Employees will not engage In any activities not directly related to their assigned departmental duties while on work time. OSP-040102-16 IV C 10 "Assigned Correctional Officers will observe each offender at least every 30 minutes on an Irregular schedule. Offender who are violent or mentally disordered or who exhibit unusual or bizarre behavior will be observed more frequently as determined by a qualified mental health professional. Suicidal offenders will be under continuous observation," 201 EAST CIIEKOKEEoMC,\(.ESTf:RoOK 74501-SU4000I'FICE: (91 814234 144°I':\X: ('>18) 426-6116 · . David Willis Correctional Security Officer IV Oklahoma State Penitentiary Termination of Employment pg.3 OSP-040102-16 XVI "In the event of an emergency, procedures In the 05 series Emergency Plans policies will be followed. It OSP-040102-16 XVII liThe officer will follow the "fire panel Instructions" (attachment D) when the fire alarm panel activates.II OSP 050102-02 V G "Assist in the evacuation of casualties and the removal of flammable material from the immediate vicinity of the fire. It OSP-050102-02 XV A Procedures for reporting fires,· "Any person who discovers a fire will shout "FIRE" to arouse occupants of the building and will set off the manual alarm immedIately. " OSP-040104-01 III D 5 "Fire panels and alarms I annunciators will be tested a minimum of monthly during fire drills. In addition, fire panels, alarms I annunciators, and smoke detectors will be tested by the appropriate vendor as defined by the contract The alarm panel is checked each shift by the control room officer, witl:1 findings documented in the control room log book. Reading should show "System Normal". It should not show alarm or trouble. Description of Acts or Omissions Constituting Grounds for Suspension On July 28,2012 you were assigned to work on H Unit NE5. During that tour of duty offender Parker 485685 had started a smoldering fire In his cell. You were assigned as the control room officer on that day and that shift. On July 28,2012, when questioned by Agent Parvin you state that you had no knowledge of the fire alarm system state during your shift. Further, you admit that.you had dozed several times during this shift. Upon questioning you admit that you failed to act as outlined in policy. The failure to act In this case resulted in the death of an offender. This Is a failure of our most basic mission to protect the public, the staff, and the offender and disregards the life, safety, and welfare of another human life. Summary of Evidence Justifying Proposed Termination 1. Video Recording of H Unit NE from July 28,2012 201 E,\~TCJlF.ROKl£· l\1CAl.ESTER·OK 1~501-S040'OFFICE : (9 1I)42H I44' I'AX: (!1 11l)42b·bl I) David Willis Correctional Security OffIcer IV Oklahoma State Penitentiary Termination of Employment pg.4 2. Memo from Department of Correction Medical Services documenting that offender Parker 485685 died at 3:47 pm on July 28, 2012, listing a probable cause of death as smoke Inhalation. 3. Your recorded interview with Agent Parvin of August 8, 2012. Prior Disciplinary Action Oe~ember 16, 2008 Letter of Reprimand for failure to follow unit policies resulting in offender fights. February 9, 2010 Letter of Reprimand for failure to follow policies when conducting stand up 10 counts. Right to Appeal You have a right to me an appeal within 20 calendar days of receipt of this letter with the Merit Protection Commission located at 3546 N.W. 58th Street, Suite 360, Oklahoma City, OK, 73112. A copy of the Commissioned appeal form Is attached. The Merit Protection requires that appeals be filed electronically through their website. www.ok.gov/okmpc. If you are unable to file electronically, you must contact the Commission in advance to request permission to proceed with a paper-only appeal. sMltf Randall G. Workman, Warden Oklahoma State Penitentiary (Jrd2~ Employee signature u~l!;)., Date Distribution: Original to Employee Copy to personnel file Copy to central personnel unit administrator Attachment: MPC Appeal Form :lO I H,\S r C'1II:ROKEE'fv!C'ALESTER'OK 7450 1-5040'OFI'ICE: (1) 1 11}423-~I44' FAX : [91l! )4 26-6116