Publication Date: Friday, March 04, 2005
City to fire three utilities employees
City to fire three utilities employees
(March 04, 2005) Dismissals part of a wider probe
by Bill D'Agostino and Jay Thorwaldson
More Palo Alto Utilities employees could be disciplined or even fired, city officials said after confirming reports they are terminating three crew-level workers this week as part of an ongoing investigation of the department.
Byron Johnson, one of the three workers told he would be fired, said he will not appeal the city's decision.
"There must be a better plan for me in life," said Johnson, a 41-year-old line installer who previously admitted publicly to using a city truck for his personal use.
The two other workers reportedly are line installer Filberto "Philly" Castro and heavy equipments operator Brian Bingham. Their names were revealed by Johnson, and confirmed by a co-worker not involved in the investigation.
Top city officials refused to reveal or confirm the workers' names or positions.
The three workers are the first slated for termination as a result of the city's widespread investigation into numerous allegations, including claims that utilities workers used city equipment for unauthorized outside work. It was unclear as to whether the employees did the outside jobs on their own time or during their regular work days.
Assistant City Manager Emily Harrison said the employees will remain on paid administrative leave until termination hearings are held within two weeks.
Other elements of the expanding probe reportedly regard allegations of embezzlement, sexual harassment, threatening physical harm, lying to the investigator and intimidating co-workers. City Attorney Gary Baum said the investigation has not supported earlier allegations that employees charged the city overtime while moonlighting.
Harrison said she could not specifically say why employees were facing termination, since she is bound by employee confidentiality protections.
Previously, Johnson admitted to using a city truck to transport cement but has denied other allegations. He was placed on administrative leave in January, the first of six employees removed from the workplace.
According to a co-worker, Johnson surprised city employees Wednesday morning by showing up at the Municipal Services Center, where the crews are based. While there, he reportedly threatened some co-workers with physical harm, Harrison said.
In an obscenity-laced phone call to the Weekly Wednesday afternoon, Johnson accused the city of singling him out because he's black. He also claimed he was fired for having taken drugs earlier in his life.
"I did drugs 15 years ago but I got clean" he said. "Just because you work for the city doesn't make you a f---ing perfect person."
Harrison denied either factor was relevant in his termination.
A city employee for nearly five years, Johnson also accused an immediate supervisor of playing basketball and dominoes while on the job, and not knowing what was going on with the workers.
While Harrison said she could not confirm or deny the rumor about the supervisor, she noted that if supervisors "should have known what had gone on and either looked the other way or didn't know, they will also be subject to discipline."
The two other workers were unavailable for comment. A woman who picked up the phone at Bingham's home in El Granada said he refused to be interviewed.
At this point, it's unlikely criminal charges will be filed against any city employees since the sum of money involved is minor, Harrison said. But, she added, "the loss of employment, the loss of medical benefit and the loss of retirement benefits is a significant, significant punishment."
As part of the four-pronged investigation, three additional Utilities Department employees have also been placed on administrative leave. The fourth and final section of the probe will examine the disciplined workers' supervisors, Harrison indicated.
"As we move up the chain of command, (supervisors) will be the last dealt with," depending on information discovered in the lower-level investigations, she said.
At a Wednesday morning training session in the Cubberley Community Center, Harrison showed up to explain the investigation. "These people let all of us down," she told them.
During the discussion, employees reportedly burst into applause when one female worker expressed disappointment that anyone would need to be told stealing was unacceptable.
Many of the workers feel like they are under a cloud of suspicion by the public, Harrison said. "The reality is that very, very few people are involved."
The investigation reportedly began last fall when a Menlo Park police officer noticed a Palo Alto utilities truck at a Menlo Park home.
After an initial investigation, the city attorney's office hired Darrell McGehee, a private investigator and retired captain from Claremont's police department, to conduct a larger probe.
The investigation only covers utilities employees based at the Municipal Services Center. Those workers repair and install gas, sewer and water lines. All are covered by the Service Employees International Union, Local 715.
A union official refused comment.
The city has also hired an outside consultant to rewrite rules and procedures to prevent the incident from reoccurring.
Staff Writer Bill D'Agostino can be e-mailed at bdagostino@paweekly.com
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