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HomeMy WebLinkAboutM-89-0139This responds to your request for a response to the subject discrimination complaint filed by Ms. Wilma Faye Wilcox. In reviewing the complaint, a copy of which is attached for reference, it is my understanding that Ms. Wilcox is of the opinion that she has been consistently and arbitrarily denied promotional opportunities during her tenure with the former Housing Division of the Department of Community Development, and subsequently, with the Housing Conservation and Development Agency. In part, Ms. Wilcox attributes her failure to obtain advancement over the term of employment with the former Housing Division of the Department of Community Development and the Housing Conservation and Development Agency, to Ms. Sonia Cervera's personal dislike of her. A review of Ms. Wilcox's individual discrimination complaints follows: (1) Ms. Wilcox alleges that in 1984 she, applied for and was "certified" for the position of Assistant HousingLoan Officer, a newly created "career ladder"•position within the former Housing Division of the Department of ,Community Development, and was not hired for the position due to the fact that another Housing Division employee with similar (if not inferior) qualifications was promoted to the position. Responses Silvia Ortega, the employee selected to fill the position, .was deemed most qualified by the staff member charged with interviewing responsibility, Joseph ant and concurred to by myself and the Department Director. (2) Ms. Wilcox contends that, even though she was qualified for employment with the Housing Conservation and Development Agency for two available Typist Clerk III positions, she obtained neither of the two positions. - Responses The Personnel Department's applicant ranking procedures for this competitive register placed Ms. WilepX out of contention for the two positions (res "Rule of Eight"). 3 LK r r t-a r ♦ n r`ter M t f5++3..R'+:.?ePt�'37+' • • :,.: i- ,}3a ipY / ,frt; hi lq.S T M•Mom'+/' I� a 1 � 1 t s �"� s ..:.m.idfi C..• .':..JSI'$�ic;Y �r .k�C^ ",J. s. :!&F}�'.��',�j` jt� "!.�Y �� f� Response: In keeping with the Housing Conservation and Development Agency's employment practices, the candidate selected to fill the Account Clerk position was the one deemed by candidate interviewer, Gladys Jorge# as having the best combination of educational and experiential requirements for the performance of the current and projected responsibilities of the position. (4) Ms. Wilcox contends that her disqualification by the Personnel Department for the pending Assistant Housing Loan Officer position with the Agency, was influenced by Me. Cervera. Response: The Housing Conservation and Development Agency is not responsible for certifying applicants for positions with the City of Miami. That responsibility is the Personnel Department's. The fact that Ms. Wilcox has attempted and failed to obtain promotions within the former Housing Division of the Department of, Community Development, and subsequently with the Housing Conservation and Development Agency, is coincidental and not.* an attempt on the Agency's part to keep Ms. Wilcox from achieving-, her career objectives. When a position becomes available' for which Ms. Wilcox is qualified and is deemed the best candidate, she will be selected. In the meantime, every -effort will be made to encourage and counsel Ms. ' Wilcox to 'prepare her for advancement into positions for which she is 'qualified, as 'this become available. The Housing Conservation and Development Agency's employment and promotional record, as well as the employment and promotional ' record of the Housing Division of the Departmentof Community Development, clearly reflect that in every instance, the person selected to fill an available position is the one deemed most qualified within the parameters of the City's affirmative ac oa, goals and objectives. �A Y 1tF Y$K .0.'1�.'�]ixY4.Y , i • .( i.1wdr9yJt,'9u I .� A{TS. r 1.Y PA a3 rA?�. 4$ f{f 4i �A 0 �� �s�M f)7 3, i ) 1 1'Y e *,lSI/r �ir��4�yy+1i♦ �°3f,?�; t � �.rtQ�`�li� 1..� N Y , 1. 1�?�l'-";4�.1�%� A CITY OF MIAMI. FLOPIDA INTER40IFFICL MEMORANDUM Hattie M. Daniels, Director nAM January 26, 1989 Department of internal Audits 3 and Revi �..... Rev' gue,EC,: Discrimination x Complaint No. 89-10� ; rlronl: Je ry Ge eau , rector Ho s t ng one rva tic n and aEF�RENGEB: j De Agency ENcLosuREs: fi ii This responds to your request for a response to the subject discrimination complaint filed by Ms. Johnnie Mae Barber. 1 In reviewing the complaint, a copy of which is attached for 54 reference, it is my understanding that Ms. Barber believes she did not have a fair opportunity to participate, as a candidate, sy in the selection process for the position of Assistant Housing j Loan Officer with the Housing Conservation and Development Agency.' In support of her complaint, Ms. Barber alleges that Me.- Sonia Cervera, Agency Assistant Director, made certain statements- leading her to believe that Me. Cervera was predisposed to the hiring of another person. Ms. Cervera has denied this t allegation, and has stated that, in fact, she encouraged Ms. Barber to apply for the position. { i Furthermore, Ms. Barber contends that Ms. Cervera changed Me. Barber's clerical assignments to insure that she would not have the required experiential prerequisites to qualify for iz "certification" as an eligible candidate for the position. Ms. _ Barber's clerical duties, as Ms. Cervera's secretary, still include clerical assignments related to the daily implementation ' of the Section 8 Program. Ms. Barber also contends that Ms. Cervera has taken certain retaliatory measures against her, presumably for either - indicating her interest in the position, applying for the position, or for some other reason, although no specific reason "'R is stated in the complaint. = A review of Ms. Barber's specific retaliatory complaints (see attachment) follows (1) "Taking payroll away" Responses According to Ms. Cervera, Me. Barber was relieved fi = of recording the payroll for the Conservation Division as .a r result of her failure to accurately report staffs.time. s' i (2) "Stopping her telephone calls" Response: According to Ms. Cervera, Me. Barber, Cervera's secretary, screens Me. Cervera'a telephone and records any messages. t f' 5 Y'•7:Ei.�r y ft � ttYtTYfr p$ of - N-Q ! a *:.:.,. Y a� . ( VV Y 13'_ "temov i ng sae from section 8" Response% The Section 8 program is one of four major programs administered by the Conservation Division. me. Barber, as one of two clerical staff members in Me. Cervera's Division, is responsible for clerical duties for 4_ that program, as well as other programs, as required. "Giving (4) work to other staff members" Responses This statement is unclear. po It is Ms. Cervera's responsibility and prerogative to assign work to staff, as required, to accomplish the work program of the Division. ,= (5) "Asking everyone I talk to what are we talking about and? intimidating them." Response: Ms. Barber is unclear as to whom she is referring - to in this statement, and what she perceives as Intimidation. Ms. Cervera, as Ms. Barber's supervisor, has the right to direct Ms. Barber to limit her activities during working hours to the work at hand. (6) "Changing time for Miriam Bertran in November, both holidays, so that she would get paid for holidays." Response: It is unclear how this action is construed as retaliatoryto Ms. Barber. Ms. Barber was responsible ponsible for recording Ms. Bertran's time, and must be aware that Me. Bertran was not paid for the time she was not at work. }= (7) "Mario and Silvia Diaz docked for holiday, why wasn't time changed?" Response: It is again unclear how this action can be construed as retaliation against Ms. Barber. It is assumed , she is referring in this statement to the New Year's holiday. Mr. Mario Diaz's time was carried as vacation leave and he was paid for the holiday. Ms. Silvia Diaz was out on vacation the entire week preceding the holiday,; exhausting the balance of her vacation time, and was carried "without pay" for the two days preceding the holiday. Me. Diaz is not a "job basis" employee, and as such, is not eligible for compensatory leave. It has been my policy as Director of the Housing Conservation and Development Agency, and previously as Assistant Director for sVl Housing for the Department of Community Development, to afford 3 p Department and City employees the opportunity for advancement :- within the context of position prerequisites. This policy is also embraced by my executive staff. I believe a review, by your. Department, of the former Housing Division's employment records, Af`:' as well as those of the Housing Conservation and Development' Agency, will substantiate our commitment to thak policy. �` ax i -7, 777-__._ d,. r n `4, .. s`1FbF a �fi • sac A . V r4 s 21 n '�..6 L7�a'FA��,x�K, '�;' _ f�". M'.SS`S�i. 1�7 ��i'1. .di�`.�'#�"4�i C•.. to G N T T REPORT OF WSCRIMINA7fON �OMPLAIIii'S HOUSING CONSERVATION AND FEBRUARY 91 A DEVELOPMENT AGENCY.-. 1989 DEPARTMENT OF INTERNAL AUDITS AND REVIEWS AFFIRMATIVE ACTION DIVISION "i T WICA NN I` TI YTTA KI: tip: — — r y� Y�i f.uh3S:�f.�am��uYc�e�w{,b - ,�� wti'.k .. aYi' {•� ��' Mf tY aaw7 a v ?7g 4 x j4 %�fJa M4 kU'h. YSvI t 4 k 1 fYh { it i' 4 6V4•e'-.-� M wl'f.N tM.:i xt � .h .l::a a F � t 1� - l . tnvstiRative Report on 'Complaints,of Discrilination; within .the . Y i Psr..,yk�tHpusng Conservation and Development; Agehcy��, 1 t ;2t w sy , A� :pre;pared�'By.... htrY sr' Dr, Hattie M,. Dan i e 1s ,,.Director, °z s�l�Is.,. Pamela.,E. Burns_, Affirmative, Action Specialist Ms. Cy.nthia,.Fonsecaj, Typist Clerk iVx•;�et r; F r `}�,jt' .F, .t;t✓7rlt yyi4 _r 'N �y ny �.. .5 �i inXY I COY OP MIAMI, IrLORIOA INTERaO"ICE MEMORANDUM Cesar H. Odio DAM February So 1989 "Ltl City Manager SU*jttT:Di scrimi nation Complaint Hattie M. Daniels, Ed. 10- !v, Housing Agency Director j Department of Internal Audits J IMCLOSURCS: and Reviews Pursuant to your directions the Department of Internal Audits and Reviews,, Affirmative Action Division conducted an investigation of employment discrimination filed by Wilma Wilcox and Johnnie Mae Barber, employees of the Housing Conservation and Development Agency. Additional charges of malfeasance and loin irregularities surfaced as the investigation proceeded. The investigation commenced on December 28, 1988 and involved conducting twenty-nine (29) interviews which included department employees and management staff, other members of Personnel Management and the City Manager's Office. On January 24, 1989 appeared, voluntarily, three (3) participating contractors of the Single -Family Rehabilitation Loan Programs Their unsolicited testimony and recommendations are discussed on page 61, Independent Contractors, in the report. The investigative body also received eight (8) written statements from department employees. This data was reviewed along with hiring and promotion statistics of the department, the table of organization, applications, job specifications, personnel files, job announcements, telephone logs and long distance telephone records. After analyzing this data along with transcripts of the testimony, we rendered findings in one of three categories;, Substantiated - evidence submitted was sufficient to prove the allegation was true. i' Not Substantiated ev,idence submitted was insufficient' to conclude that the allegation was true. Inconclusive no conclusion can be reached to substantii.@ or not substantiate the allegation..., rr ht ' Cesar H. bdfio Page a: The first and second section of the attached docurant summar #es ,. tai nati on allegations, the enrpl oyment di scriffi ndi nos and recommendations of complainants Wilma Wilcox and Johnnie Mae barber, respectively.. o the third section entitled Summary of In regards t Recommendations, General Complaints, a finding was not rendered, expressed if the preponderance of evidence However, an opinion a is sufficent to believe the allegation to be true. It is our opinion that all the allegations are serious enough to warrant an' M A attempt at resolution by the management. The eve y3 involvement in this complaint by employees of the Housing Agency suggest that these conditions are reality for them. _ .. Keeping these considerations in mind, we find that some employees are favored over others for promotion, access to the Assistant -� Director and granting of time and flexibility. It was conclusively determined that time was falsified for one j individual to permit the receipt of holiday pay in violation of City of Miami pay policy. Job requirements have been manipulated so that certain individuals are hired and can achieve upward mobility when others are denied this advantage. ., After this complaint was filed, retaliatory treatment extended beyond the grievants to other employees as well. It is. 'an 1 f 1 em in ment practice to discriminate against an employee -1 unawu p Y because he/she has opposed any practice of Title VII or made a an , charge, testified, assisted or participated in any manner'in' investigative proceeding or hearing under Title VII. Finally, it was determined that there exists a management style intimidating, crisis- oriented, ` which is described by employees as threatening and fearful which is adversely affecting the 3pb performance of employees. The majority of employees were i n were focused upon and rarely # agreement that complaints not resolved. Our recommendations are listed in the` third secti om ;of the attached document. Interviews with employees " and testimony before the City 12, 1989 Item #95, concerned allegations � Commission on January of disparate treatment in the awarding of loans in the Single and Multi -Family Rehabilitation Programs. Documentation to support these allegations was not provided to the investigative team. independent certified' audit be - A is our recommendation that an conducted conducted of the Single and Multi -Family Programs as well as the Section 8 Moderate Rehabiitation Program 1986 - 1989. �s 4 ti� a .,.: ic� f , -?'a/iSAt.S.:.i• � a. r�yiW;iAwctq. 4 9 { tYV, 1•iW6Mwy� s.trrn Y'�f»�*'} - A_ . t`� '�{,f I„ lA 11 Ot �' o 1 �4 PAge * , s A concern about operatioiiai� n the inde0endent cont�rattors expres e loftservationefficiency and cost effectiveness of the HOut#tt Division. they made a number of recommendations to resolve these issues. the investigative team recommends that the 1 City of Miami s Office of Industrial Engineering conduct a study of the organizational efficiency and productivity of the Housing Conservation Division. The Department should further meet with contractors to discuss their complaints and implementation b# recommendations. In conclusion, the charging parties, Wilma Wilcox and Johnnie Barber must take some responsibility for achieving upward mobility. Career opportunities for both could be enhanced. by further educational development and expanding the job search outside of the Housing Agency. '•y I.is.1. �1. v.� yf V MOTTA YTTD �4 �. +1.. t. J �A... �< �� .. v �r �. �. i _ i r. � .. a .. �, �. ,. a ._ •h..., 3x)._S ':/ ��a.�i�'r' 1 f. s i, P.p! r, SUMMARY Af 'FINDINGS AND' RECOMMENDATIONS "' CONPLAINANT:� .YILNA-MILCOX TYPIST CLERK'II y.Jn- �''•o '" � � �3.Yk'&' k�r 'AF{ � Cy 1 y, H Y3 t _ i i is -t �. L, i- � 3 � P R �.� ti�MJ t'�S�9C-O(�"',•a9'i'�r^e' � -��8,� fn. -. t� 4 Yk ��r } � �:.� F f ua ;7 r ::i � f. kr f •Fe�� t:C; VSS S d4 K I I n m E U, U L I U -.10 that the. jasd ON 104 a_topot P "S a gistant Housing-Athabilitatloff (00,04-0) mence Of PS. Son. in is, cervort "S 1984, bOC&USe Of the i"f!­­, Wilcox further, &Ileqesshe was better qualified than -,the Per9A# selected Ms. Sylvia Diaz, Hispanic female. Findings: NOT SUBSTANTIATED 1. Ms. Wilcox's allegation of discrimination in the seleCtiOfl of the position of Assistant Housing Rehab Loan off Icer,"In 1984 is not Substantiated. The Department violated APM-4-83, Interviewing Procedurest excluding ethnic/sex representation during the interview process. 3. The Department falsified the Certification List reflecting participation of minorities in the interview process when in fact they were not even present. Recommendations 1. The Department should follow established policies and include minority representationin the interview process as, indicated in APM-4-83. z. The Department should cease to falsify employment documents.. Ms. Wilma Wilcox alleges discriminatory treatment; -; .in the selection of two positions for Typist -Clerk --III. Findings: NOT SUBSTANTIATED 1. The charges of discrimination in the selection of two: Typist Clerk positions is not substantiated. There Atno Z evidence submitted to support the allegation that dislike played any role in the selection. The Department was, Ilk, 11) 1�7 T I Tr 11 `�144 "N . 'S -✓. -. .. w evu..+-�+W.�Ai��., �_ '.2 ',� ►..p. � �� 7T. t AA r�,xy� Y� t �}y a •rI b'.�.i3. t,Jtlt �iM1 A :5� �.�t d �t�, u 1 t ��d'4�� i •'-',.4+.s'w .° �Fttk&Z r�s�-.�,ittke`e+t+}�.. f "` t. j: i r Nab. _Y, ". 4 •, Y... ,:i T• .1 _ S^x� d:+ x41.-�, Me.. Wi_l,cox al le es discrimination with regards.-, to _ proieddett at1_iaed in• _.th! establishment _ of the Assistant ~Nousfiri � Rehabilitation Loan Officer register.in_1988_. • i .. , Fi�d�n4s suBstANTtatEo 1. A supplemental recruitment should not have been initiated. s' The decision to void the supplemental register is upheld. 2. Violation of Civil Service Rule 17, Prohibited Practices, �by Jerry Gereaux, Sonia Cervera, Michael Eddy and Rene Larrieu, the rule states: "No person shall willfully or corruptly make or cause to be g� made any false statement, certificate, mark, rating or report � in regard to any test, certification, promotion, demotion, removal or appointment held or made under the provision of these rules or in any manner commit or attempt to commit any fraud preventing the impartial execution of the provisions of ? these Rules and Regulations. No person shall either directly or indirectly solicit, pay, render, receive, or give any money, service or other valuable thing to any person for, -or. on account of, or in connection with any test, appointment,` promotion, demotion, layoff, or dismissal." gi= ,a Recommendations 1. City staff should follow established procedures uniformally. 2. These findings and recommendations be presented to the City f5';E ' Manager for his consideration of a proper remedy. L _ 3. Acknowledge that proper action has been taken by recinding the register. } A. Ms. Wilcox alleges that discrimination was a factor `in Personnel Management's decision to disqualify her as a candidate o for the position of Assistant Housing Rehabilitation Loan Officer Er in 1988. ■ 127 7 i S�r UK— S4 � K 'A �""1I.',.� rrt�i+ls•+�td � F t ��,�{i� 4 i dam. ;o♦ n .. � n k i d i -�k . _ - Zvi' Y. ,,.,+k£5k'ssc� .�nr. , i r'4'�Rk ;ra-'�•r +k'-... "`1 t x x �,};Fr. t --i i�iaB .�A '� ► gllB irilAfi e� � +� Pei i Findings: NOT -SUBSTANTIATED Ms Wilcox was deemed ineligible ki! j � trk ka i111'sis►ii"�s N�'�l'i ����It .' .t�$ �2 F based 06 the iri or fd idii she provided ,on her application. y'- °u?�'i S iJ �� "Ret dalale nda t i O11 1. The recommendation has been properly implemented to instruct! Personnel Management staff to request written verification of duties which are outside the scope of the .employee's jib �. } specifications, verified by the immediate supervisor, and confirmed by the Department Director. 2. '' f`To be fair to city employees, Personnel Management . should ' consider verifying job duties of a11. applicants . claiming f outside experience to qualify. i . .B.IFindings: INCONCLUSIVE 1.` the Housing Agency's intent of. changing the job requirements �Y y l: to disqualify Ms.. W.iIcox. could; not, _be Cac,tualay deterpined. r 'i ` 11 �� x� �4i: $ -+r - j { ,t.�f� �'' a t a � /i '' r C - K f � ,;. y S" #�'' J?;i fps t it � .✓ �',#y'i J n " 7 !G' a' e� X � a9 � r�+.rr'rh r - �5. � ry4 K f. �� r 3 C'' 1`� 'iR E` ?`'t' ei, :•,- �'` v } s 33 (' 4'�� i `" ° A'k'� r fx k Vr' ir3 J x "�ri of 1� Yi '� '� ✓ �' 4 i,3 r *, 5zJ{ 44 M P`'a� 4 ° � a ' ��,�,� � t ��t�� `�+. � �;,, ✓ rr e�.ki'��dsr2��*��'"�",j` z r � �5L�W�{�?s a"i, ++rr,, k -r Sys "a. ' t { 'e•S ��r �"w.T'La _..rN -V L t 11 t r vy -;NFR y W. Vj�' Y r t YTS.. at"i�' i t ��',1F "Si -�4i?- � � '.v? sr C •. -2` ^i ^ Y. W. +4��1h•Y`Y'+ S fi.Y 1""^n"b {. Y' iY�F/�.+..� i.y!'M i M ': t .iT�eK idA F. K �+.}{ a+`,.y wM�K £nw: _3` y Mei-.5 F"`�n� -�' R C V.4'. '� rY.-xA♦-3d1s„� £ 1 1 T 01 ry FrrFyy';r♦ _ f f r E � �f •� ��""kzr�`k"�C`Ju.� t '7 ••�� z� t'hri=�,�v--�a�w,<'+=•"`" r t / �4 rn j r .(rE '{' r' r.•«F"fi"",1..,"' mS ��'rN�°.'`�: t rl. ls A I £tv+. eq A`T �•` 7' lr' Y 7, $ 6j �: A 1 `� }� Li f .�'�' t *T2 yk'je 6� °^f^�+'t7Y .• �,' ��i � � -r '� a t ,. � ou F b1S��;.. i�'*' .1 n M trw�kr �:Z'S,n+ih�a�l iG+ Eq' +•x.�7 H F+. ,.s' Si .y +t M'i � S�yS'pF sue•. .� ) � is M a � LA .cf _ L'�ra,• rJ-,t T '�� # `fi R�• y' y {Fib.' 9t` d ' .� .'" 3'x 3, ' �. '1rM;`2 ' ' d ^ l u i� 3 4Z f'C' i �4T, '7 i '"' p 4M.��`�•t�Ci•2$ i r a• t2tq�c? d'n , r ay,' I 1� > 5:{ OF, FINDINGS AND RECOMMENDATIONS �x �..�._�...._. CONPLAINANTt r _ •, ; JOHNNIE MAE BARBER + in' ti' 2 TYRIST. CLERK: II_I > x vi w, a a r s rq3 L C < 1 'F •Y' fit$ R t r }'" r t - ,.t i t > "` a 4�t!'}5'xf r 7 "� # d,� t� -fi„4 •b'J' .� '�' a'G �.a �4t {+� 3! � 'P � S."'^' dam' 't Y � �� '� �'�n -'� bu' a �'h �:S'f '*i t Vs • � ) -y F _ ,. , t :_. q ay?. � {1 y.�t YarK,`r.��F 'Ti.r S.. r�•. yy�,�j '. r ^r, �+,•,y. at 9 t 3'F G ,x.�a.. r �a,� 53'�d rbi�y �&.� t-� ke,,°•t"+eCrr t r - j�X 3 r u tzy(3 c. ti*� �`"A 4 �,� � •. � y ya 2 t 1 +5• "t°Y�� C *,:- r.�•..�w .airs+„ Tt..�i -�Wm:"'K,��'i ra •tr+7 a.r `y ;'c� `+ ` • F ,^`""a,a' +•s,. kt,...,. vw�' Ma.., " '• '' .v'« y r h .. . EA .:.rkrb ram{ sZn 4t+�ar++w-•yW��. rk,*w awnta,..=M, „x£.wi'7 `tLe '&�rh�': w.r..a. xA}+`f d '�tr"� +c S ''fi w'' N*•.. �' 'it"�'3r'�'m ^�F �, u'' v w rf +rfr"`, e �n..`jai`t.' ataw > e �r+- ,..'p•, r -777 it Ity St it. �' °5 � (�S a .,.k t.a 3 q '+" S ^ ¢ � •.'n; .,i; s t,¢M4 ,y j+pet f M 44! 'A 3li r J t l y 4- �•, t ^-3x. ?3'«.�?h,�' ..• ii7 � '• Y S J3 u t'�' r Ate. Mt. ohonie Barber allege3 that discrimination } ie Personne Mani rent's aecisidn to -nation rat a factor dis calif her tanll�tata . for , th! ottt.iiin of Aasi ttaht 14eesin Rehab lita#ri0h 1� Loch. -Offs cer,_ n ;3 Be Ms. barber alles discririnatian in that job _duties_relatied to Section 8 were removed b Sonia Cervera after she a lie-- this this position. A. Findings: NOT -SUBSTANTIATED I 1. Ms. Barber clearly did not qualify for the position Of Assistant Housing Rehabilitation Loan Officer. S. Findings: INCONCLUSIVE 1.,- The redistribution of the Section 8 responsibilities from Ms. Barber appears directly related to her application for this position. However, it is clear that expulsion from the Section 8 program ensures her lack of experience for -future consideration. Recomrendation 1. -,The Section 8 duties be re -assigned to.Ms. Barber.`, - 2'. Ms. Cervera should cease making promises to employees for :future consideration for positions that never seem to materialize for them. we Barber alleges improper procedures with. regard to :the establishment of the register for Assistant. Housing Rehabilitation Loan Officer in 1988. F' The allegation has been discussed previously in the section r> regarding Wilma Wilcox. The same findings and recomme-ndations ;} apply in this case. «A yF r ea F _: , - :art_._ -, .-•-._-_-°- - --.- /9 vi -� 1 01% =° `" At lhlir�►abdr° ells'.. i$ reta etbiia�tenit'ii:i i `fi'lin a dis�ritiin�tion -Ci�� lei�nt. Findings: SUBSTANTIATED f5`� ►; 1. There is no doubt that Ms. Cervera's action in relation to i the removal of the payroll from Ms . Barber i s seta 1 i atOry .i nature. 2. Ms. Cervera misrepresented herself in testimony to this investigating body as to the real reason the time -keeping —I responsibilities were removed from Ms. Barber. V 3. Ms. Cervera violated Section 704(a) of the Civil Rights Act j' of 1964, as amended, and Section 4(d) of the Age Discrimination in Employment Act of 1967, as amended, which 4. ii �i states: "It shall be an unlawful employment practice. for an employer to discriminate against any ,of his employees or applicants for employment, for an employment agency to. ---,; �? discriminate against any individual, or for a labor E organization to discriminate against any member thereof ;or applicant for membership, because he has opposed -any -practice by this title, or because he had made a charge, testified, :,assisted, or. participated in any manner in:an investigation ^� i proceeding, or hearing under this title." ,Recommendations 1.. - «These findings and recommendations ,be presented to tee Manager for proper disciplinary action. _ J 2.: Ms. Cervera be placed on notice" that Such Bret l iaLory J actions against employees will not be tolprate d., , , , , • � . �x���,_� / s•' 73 F'lft i`:.t Y*FT') iT :NS!,�13,TV) } 1 t t t' vu�f i��r1u•dr{'s.+di9i+qqt�1s��s�n.4.'4T,+��*°q, ff . .. F o ' � �� ram. 6 ' $m:t Y^m+l+.l+'Mv`4 wM t•I i, _ y S j Y••y.. � ni`kT �_ �ww ,t.3+r• tw wr:'i,w.-..K .e� , .,....1{l F d 7 .rr�.�^,i�ti ry� �: ME rtsoofisibilitios mild i 'tn i y1 WSC tIt 's .j �1i1/l�t� 1C t ISO {� j� y 1. A time clock and/or sign in and out log be used and consistently enforced with regards to all personnel, with thie eXception of the Director and Assistant ©irectors. 2. The Agency's policies regarding tardiness, lunch hours and flex -time be enforced uniformly. 3. Communicate these policies regarding tardiness, lunch hours, and flex -time in a written departmental workrules manual and distribute to each staff member. 4. Any and all favoritism should cease and efforts be made: to repair any damage that might have occurred. S. Employees should concentrate on individual performance for goal achievement instead of comparing themselves to others.:. 6. All employees should be instructed to use available City vehicles when attending to City business on City time, and sign the appropriate car log. DISPARATE TREATMENT IN UPWARD MOBILITY r- Recommendation 1. It is prohibited by City policy to' fa.vo,r., and therefore discriminate against other individuals. Administrative` stuff of the Housing Agency should cease practices of any form of favoritism. FALSIFICATION OF PAYROLL `Recommendation r i 7 4.1 1 ra Xi 'r n 51'g Y 7 T'. � Y T I!,) Y•'I'I�" i 9t♦•}yyy�owpp ey�t�t+�rs+vwa�{�ya�a��`.} .�. - , .,. i - �� �Lfii^�539� rr,: '� •�.M1'4�rai{.4i7'1�.N���^Jr'r� •...� Y t .3, Ilw i Y� r _ 1 "',;,,..: t..;. i :..'" 'kanteW ,+ i a• v � n �"r}y r �, try. , .:� err• - _ �44Wk. } C I, the determination that payroll records have been falsified by Ms, torvera and Mr. Eddy be presented to the City Manager,for -, proper disciplinary action. - 2 the determination that Ms. Miriam Bertran provided false ; testimony regarding her work hours surrounding the holidays be presented to the City Manager for proper disciplinary j action. 30 3. Ms. Miriam Bertran be docked for the three holidays that were t z•- paid in November, 1988. -� j 4 MANAGEMENT STYLE t - Recommendations : 1. Employee behavior which violates these standards should not be tolerated and subject to disciplinary action. 2. Occasional staff meetings would be a good management tool and ri aid communication with employees, dispel rumors and suspicions. ;E 3. Replace "family" concept with a team approach. 4. Mr. Gereaux snouid develop a more. visible :and: re3ults { oriented management style.$ `Tne:' resolution of employee: problems -,;:and morale should , be` ` Viewed as a priority. f r ` LOAN IRREGULARITIES f Recommendation �W To assess the validity of these accusations, fit i recomisepded that an independent certified audit be conducted-of.,.:the Sngle; , and Multi -family Programs as well as the Section $ Moderate Rehabilitation Program 1986 - 1989.° ✓• - �jlyl�w .: ? 5 2L;i S.n•cµ ''i,ri. "}4'' , . xii t, kN :.y. Alllfil .f. � L.\a✓',Y 4.. ! t 'S.j97 ?.k•.1� .t. _.. .: t I ilk C *A toll ott " 2 41, at OA ended tihat the Ity of 4164i! '. ngin+ering cori uct a study`tif the arbniatiidiel effidiend end pt�du�ctivity of the Housing Conservation and Rphbilitiatiot x division: The bepartment should further meet with tor►tractors t+� �= discuss their complaints and implementation of recommendations. �s� � p to .,S+fi � X ° �:: -e ¢¢.. _ { 1} *, a � _ .t n x L } t,F � . - n D ...x ♦ .s n. Frz t '. �j sir. � t.K #4}.•;< a k,�t I«-'*, {r y _ L ,. i, ',}}rs'4+;'�ti�' �i�,"�;. ems, -'r�t'�1.. , s r � �`" � ��. � >, ✓ q r uEt }� �� u' y h < a9 Oki! h >:r, k � r..1 y,, r �� r'"r�""`�}' r+{'} J�q tti: .' � r ,M A 2 s P X t t,p � 3 iw-,?� �''1E' �-�, Hkrfi � � �'.��'• x. •:� ; ,, &a .jt +xY� � �, t.s.' "la �a�>a Si,..�":r�r%��i''$ t. BACKGROUNU.................................. II. METHODOLOGY OF INVESTIGATION....:....:.•.•••.•':•.... t III. ANALYSIS, FINDINGS, AND RECOMMENDATIONS COMPLAINANT WILMA WILCOX, TYPIST CLERK II........::.. A. ASSISTANT REHABILITATION LOAN OFFICER IN 1984.... 5 8 1. FINDINGS.... ............................... 2. RECOMMENDATIONS .............................. 8 B. TYPIST CLERK III IN 1986......................... 9 1. FINDINGS ..................................... 10 2. RECOMMENDATION ...............••••.•••.••••••• 1'0 C. ACCOUNT CLERK IN 1987 .............................. 11 FINDINGS............ :..........:............. 15 2. RECOMMENDATIONS ............................... 16, D. ASSISTANT REHABILITATION LOAN OFFICER IN 1988..... 1'. ESTABLISHMENT OF REGISTER•.....::22 ....:..:.••:• 17 a. FINDINGS ................................... b. RECOMMENDATIONS ... .........:..............: 23 ;r CHANGES IN 2 DISQUALIFICATION DUE TO . - REQUIREMENTS......... .:....::..:.::......:.. Z4 ., z; a. FINDINGS ................................... 27 b. RECOMMENDATIONS .........:.....:..:.:.. 27 �; E;- COMMENTS............'...:....`.............:..:.::.�28 �`�, ANALYSIS, FINDINGS AND RECOMMENDATIONS OF COMPLAINANT JOHNNIE MAE BARBER, TYPIST CLERK III.....• 30, 88... A. ASSISTANT REHABILITATION LOAN OFFICER IN 19.`. 31 33 1. DISQUALIFICATION DUE TO DISCRIMINATION.•••••'' 33, t a. FINDINGS .................................. 33 .. b.RECOMMENDATIONS .........:........:....... E.: 2. REMOVAL OF SECTION 8 DUTIES ................... 31 a. FINDINGS.......: ..............:..:......:: 3$,. t. b. RECOMMENDATIONS ........................... 33. w ; l po ky V�t4a1'Kt9+ �+ 9 "�'i'+t✓.vrit . sA s� -'''k} to y' i 4i. - B. ESTABLISHMENT OF ASSISTANT REHABILITATION LOAN OFFICER REGISTER IN 1988.......................:.. 34 C. RETALIATORY TREATMENT IN REMOVAL OF PAYROLL DU T I E $ . . . . . ♦ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .... . 3 '� 1. FINDINGS ..................................:... 3 ; 2. RECOMMENDATIONS ............................... 38 0. RETALIATORY TREATMENT / TELEPHONE MESSAGES........ 39° 1. FINDINGS ...................................... 39 ffi + 2. RECOMMENDATIONS 39i' ............................... ' E. COMMENTS .......................................... 40 IV. GENERAL COMPLAINTS ANALYSIS AND RECOMMENDATIONS....... 41 ' - t A. INTRODUCTION ...................................... 42_ Be FAVORITISM ........................................ 43 , 1. ANALYSIS ...................................... 43. 2. RECOMMENDATIONS ............................... 45 'a C. DISPARATE TREATMENT IN UPWARD MOBILITY............ 46 iM - 1. EXAMPLE OF RAIDA CRUZ—PERAZA.................. 46 2. RECOMMENDATION ................................ 50! D. FALSIFICATION OF PAYROLL .......................... 51' 1. ANALYSIS ........ ..... 51 Ft 2. RECOMMENDATIONS.............................. 53 V. MANAGEMENT STYLES ..................................... 54 ;;E1 fi A. ANALYSIS OF SONIA CERVERA AND JERRY GEREAUX....... 54 Be RECOMMENDATIONS ................................... 57 VI. LOAN IRREGULARITIES ................................... 58 A. ANALYSIS ...............:......'58' .................... Be RECOMMENDATIONS 60 ................................... VII. STATEMENTS OF INDEPENDENT CONTRACTORS ................. 61 ^a_ .' `t A. PROBLEMS NOTED ..........................:......... 61 nt = Be RECOMMENDATION .................................... 635 VIII. SUMMARY OF FINDINGS AND 64.r _CONCLUSIONS ......... ..........:. IX. GENERAL RECOMMENDATIONS ............................... 68 X. ATTACHMENTS 69 ........................................... r ,fa 3 r itY 8ACKGROUN0 J the Housing Conservation and Development Agency was established '. in June of 1986 and is responsible for the preservation and expansion of the City's housing through a cooperative effort F - between City government, private developers and city residents. The department also administers assistance programs for the preservation and renovation of existing housing; plans, develops ;a j! and implements new housing programs; and coordinates the planning and implementation of the community -wide housing plan. l 4 i The Department's budget for FY '88-89 is $12,175,087 received - ' from various grants, loan repayments, loan application and commitment fees and contributions from the Capital Improvement , j Program. (Attachment # A). ' The Department is organized into three divisions: the Director's ` Office, headed by Mr. Jerry Gereaux, Director; Housing Conservation, supervised by Ms.. Sonia Cervera, Assistant Director; and Housing Development, supervised by Mr. Jeffrey . Hepburn, Assistant Director. (Attachment e) 4 The Department is composed of thirty-three (33) employees; 9`` -_ (27%) Anglo, 7 (21%) Black and 17 (51.5%) Hispanic. Blacks in x the department are represented by job category as -follows:,' ^' Officials/Administrators 1 (33%), Professionals 3 (17%) and F Clerical 3 (43�). The number and representation of Black..f ,., ^� employees by number and job categories reflect compliance wi.th, ,Ar ! the City affirmative action goals. (Attachment # C) - i On December 28, 1988, complaints of employment discrimination and retaliation were filed by two members of the department, Ms. Wilma Wilcox, Typist Clerk II and Ms. Johnnie Barber, Typist'' Clerk III. Ms. Wilcox alleged discrimination in promotion f ■ en y �IV�r/ $yam w - AFT Y �t�'t�5 f_ig ..l ,b4t'. - c e..Ji�'^•"� '$�ccc�'•�yL. - - - .'i,c -.,� w...5a�tAs'�i'�SP£iY`iJY 1N4"2¢s+�Y;Y'��flfjY. } K Ji4 r F 2 .y C Mfzd. t 2 ' the Department of Internal Audits aAd Reviews conducted dh r- r investigation of alleged employment discrimination filed try AS. Johnnie Barber and Ms. Wilma Wilcox within the Housing' Conservation and Development Agency. Under the authorization of the City Manager's Office, the investigation commenced on i December 28, 1988. Principal investigators were Dr. Hattie Daniels (BF), Director, and Ms. Pamela Burns (AF), Sr; Affirmative Action Specialist. Assisting as clerical and.support staff was Ms. Cynthia Fonseca (HF), Typist Clerk IV. A total of twenty-nine (29) interviews were conducted involving the complainants, witnesses and other administrative personnel from + the Housing Agency and Department of Personnel Management. A thorough cross-section of the entire department was obtained. Of these, 13 (out 15) were from the Conservation Division, supervised by Ms. Sonia Cervera; 4 (out of 5) were from the ., Finance Section, supervised by Mr. Jaime Davalos; 1 (out of 7) were from the Development Division, supervised by Mr. Jeff Hepburn; and 4 (out of 5) from the Director's Office. With the exception of six (6) interviews, all statements were tape } recorded and transcribed by City staff or a temporary secretarial ( service. Additional written statements of eight (8) current and former employees were obtained. Supporting document's and k statistical data were reviewed and analyzed, and can be found in _ a separate package of documentary evidence. This report was' ;f divided into three (3) sections: Wilma Wilcox, Johnnie Mae' Barber, and General Complaints. Findings rendered were:. ' Y" categorized as Substantiated, Inconclusive, and Not: Substantiated. �zF 3 w. * for verioui; p�sitidfls in the department Mt. op,pdrun it i e j c01s lain[ c+bni:erned failure tb pro�nOte her to the 3 d i" o f s o o��tiOn of Assistant Housing Epnabilitation Loan Cifficer atld • ,., etietiun by the department for executing her right to fiii� ret atner departmet Additional complaints of ' 'this complaint. Came to light as the investigation Or concerning ,. �Aeabers Ca hostile.. wdrkir►g' j fa�O�+itism! p unitive discipline, management! ;• t and irregularities in the administration of the ld t eovironmen 1 Odgrams. Although these charges were not formally fits w I ice they were ,not ignored and are si gn i f i cant to .t% tnis Off ! ,F formally filed charges of employment discrimination. �Atta+�nmer+ o and E 1 �, �,S: "-S f •. < � ^ .i. r � � �a �5f ^` 'ASS ��ih ` i 4 �� a ri. ° ' r•..4 '�'� YY t• r S�� x ti v -i• t�.: Siv A; �1 ff�y.12wtS • f s �- .•q r`�hy5 i x � ;;}.� y �:y'�tit is r?\�s try u.� {.��` _3£���'•oC+ r r' -'S'i 5 i �' ✓* k 't 1 ° �' .' t ^*f '< ..L� w Y+ ?✓ '+.; a. sSr eor ty , rN .s.s l � - 4' � �'b ,e � " t xr 4 t - t - ` ✓ �i; pq ''� '� 'r '� � `�sr �i°'r�}•�` `` "' � K �� 3 t }s w t i P of a •� :. G .. Ot a''" 1 i s VIA- y q4k k-..,..S:r .r�F',s'h�N•.�si,.i�Bt .'.i x. . sv. 1�ak"1"K?. ,,�: .._^rr.s.:.:.v_ .41T3r .vim .a v- - - �a;p �l — —I�LaT-1 f%, 0 Vir m ;40— 471 3 A P"v 77 -4 0- v fit' fi ' r % a AtMQAT1 S S 1:9 GS AND,` � RECOt4 I'T COM f4S .W I LMV WILCOX Typ S T CLERK II 41- j NO ztTo IWL A Jt " rl, A-1 A w, P. W. 117_ 5- Z. j- �qj OA W 'W%C V 41 .......... 9�0 .ry ENE_. .. a. •.�J:.r...we__c Y..�. .e...�.�e._w..._ �—_.�.....�..�.�_.:_.._,v.a_1�.�..�-_d_a.....--;:.me lbs. 'iit liai► 1i lcox a#_le_ that she was denied _.a_ pt�o�NotiOfi to the: ' _ otitioh of Assistant Housin _ Rehebi litation _(Rehab_) moanAf#isl+ar in 1984 because of the.. influence of Ms. Sonia e�rvprat- iii lcox further alleges _ she. was better qualified than the p6tson telected, Ms. Sylvia Diaz, Hispanic female. `= 1n 1984, Ms. Wilcox was a Typist Clerk 11 and served as secretary to Mr. Joseph 8erlant, Principal Housing Specialist. the City of _ -= Miami application and attached resume submitted by Ms. Wilcox for S>` - the position of Asssistant Housing Rehab Loan Officer indicates her responsibilities included: _ Typing Rehab Work -Write -Ups for contractors. Giving general information to the public in reference to low-income loans for Residential Rehab. Assisting the administrative staff. in ;. typing and preparing various reports such as: Homeownership Programs, Selecting tG Programs, Affordable Rental Housing Contractors, also preparing and typing of documents such as: Promisory Notes, Rider to Promisory Notes, and Guidelines; 'typing and preparing budget reports for New Construction. Operator of Olivetti ET 231 Memory Typewriter. i The position of Assistant Housing -Rehab Loan Officer -was- f _ established 10/15/84 as a result of a Position Authorization Request and Audit #84-58 by Personnel Management. The department's rationale for this position was to provide a career ladder in the department and relieve the Loan Officer of routine`' 1i responsibilities. The position would function under -the :Single Family Program to be supervised directly by Ms. America Manre,sa Sr," Housing Rehab Loan Officer. The Sr. Housing Rehab Loan „t Officer reported to the Principal Housing Specialist, Mr. Joseph.: ,* Berlant, who in turn reported to Ms. Sonia Figueroa (Cervera) f 4 ,} j+ Housing Program Supervisor'. As indicated in Form 925' «{. 3 , Requisition for Employee, Ms. Sonia Figueroa (Cervera) would. F ,�. ultimately supervise the newly created.position.i{1 i IQ r ' VIOT`.A 3 TIO � '(+0-VoM, Nr�'HaM'YF7a'i'��+'pMpYR r ; . . . . . . . . . . . . . A, —A"WwNico;g�,, r the: jab `snnounceMent for the position was issued 11/16/84 iiidicating the necessary requirements were: Graduation from .High Sdhool or State Equivalency Diploma plus two (2) years experience r in business administration, economics, social science, r*Al estate, credit counseling, financial counseling or credit administration or equivalent combination of training and r. 1 experience. Recruitment for this position was Open Non- rf Competitive. Ms. Wilcox applied for this position and was deemed qualified -by n_ Personnel Management based on a General Education Diploma (GED) and credit for providing information to the public on low income P 9 i} �- loans and residential rehabilitation. The department interviewed three applicants: Jacqueline Garcia (HF), Sylvia Ortega (Diaz);` (HF), and Wilma Wilcox (BF). Interviews were conducted on 1/9/85 and 1/11/85 by Mr. Joseph - Berlant (AM) and Ms. America Manresa (HF). In the case - of Ms. Wilcox there was no Black representation present in the interview" process as required by APM-4-83, Interviewing Procedures, issued November 11, 1983 which states. When a department elects to = :have an interview committee, the composition should include a representative of the applicants ethnic/sex background." The = = Certification list dated 1/9/85 for the position in question reflects the witnesses for Jacqueline Garcia (HF), Sylivia Ortega:�' (Diaz) (HF) and Wilma Wilcox (BF) were Laura Garcia (HF), America Manresa (HF) and Cheryl E1 Amin (BF), respectively. However% it has been revealed through testimony that Ms. America Manresa: Mr. Joseph Berlant were the only individuals involved in `,the = interview process and that Laura Garcia (HF) and Cheryl El Amin (BF'), as listed, did not participate in any capacity :;in .said 'interviews. Only Sylvia Ortega (Diaz) had ethnic/seX; representation present during the interview. The selection ;was rF made by Ms. Manresa who confirmed the selection of Ms. Sylvia Ortega (Diaz) without the influence of Ms. Sonia Figueroa (Cervera). Ms. Manresa's testimony was that Ms. Sylvia Ortega; x ;: r r.r3r�ai94;.r,�a� ffi� {{ t 0141) was chosen instead of Wilma Wilcox because of prior z experience and familiarity with the computer. This fact was confirmed by testimony from Mr. Joseph Berlant. IT. Ms. Wilcox felt entitled to this position because she was, as qualified as Ms. Ortega (Diaz). At the time of the selection, Ms. Ortega (Diaz) held a higher clerical position of Typist Clerk III and served as secretary to the Assistant Director,* Jerry Gereaux. Ms. Wilcox was a Typist Clerk II to the Principal Housing Supervisor, Joseph Berlant. On December 29, 19886 the application submitted by Sylvia Ortega (Diaz) for this position was reviewed by Ms. Angela Bellamy, Assistant City Manager, who rl� concluded that Ms. Ortega (Diaz) had 5 1/2 years of credit counseling experience prior to her employment with the City, which qualified her for the position.; _ Further, Ms. Wilcox indicated that Ms. Figueroa (Cervera) had y l promised that the next Assistant Housing Rehab Loan Officer position would be for her. This discussion may have occurred but cannot be verified. It was stated, however, that .it was the k practice of the Department to discuss future promotional opportunities with unsuccessful department applicants. Mr. Jerry { + Gereaux could not recall who spoke with Ms. Wilcox.- Ms. Sonia Cervera was unable to recall if she met with Ms. Wilcoxfollowing` the selection. Ms. Wilcox further alleged that the Assistant Housing Rehab Loan Officer. position was created for Ms. Sylvia Ortega (Diaz) in rt compensation for a promised position as Housing Rehab Loan Officer which was instead filled by Mario Diaz. However, ?} research reveals Mario Diaz was hired August 1, 1983 and his ) Ar� ++ selection had no bearing on the later selection of Ms. Sylvia t= Ortega (Diaz) for the position of Assistant Housing Rehab Loan = =s Officer in 1984. - � f1 _ 1gt b' J f�41� J x hl •T * Hi f L 1' t V1lot 1iI leafs _ 4110 effi ieti ill Daiii treeL +e�ht 1" AIL ltttioil f tM+b , bkitions fir t Est -Clerk 1116 n 1986 the department fi I led two positions for typist Cleric 1t1 to serve as secretaries to the Assistant Directorst 1'heite positions were necessary to provide secretarial support for the newly appointed Assistant Directors. The positions were advertised and filled in accordance with Civil Service Rules. Ms. Wilcox applied, was tested and appears on the Typist Clerk III register established 6/10/85. Specifically, Ms. Wilcoxs complaint is that she was denied consideration for both positions because the department only interviewed those with the top ten scores in rank order. Ms. Wilcox appears in position #39 out of 40 applicants. A review of the Typist Clerk III register and Certification Lists dated 9/16/86 and 11/6/86 indicated that names were referred according to Civil Service Rules 8.3 whic'h states: The Director of the Human Resources (Personnel Management) Department shall certify from the appropriate eligible register the five persons who stand the highes't «7 thereon. Eligibles not selected shall be returned to the register in accordance with their relative grades. Only under unusual and exceptional conditions satisfactory to the Board shall the names of eligibles be 'passed over. 'was 'not necessary to use the expanded certification procedure since all aoplicants were 'minority females disbursed througho'ut — the register. , cT I Also certified were all names listed on the Request for Transfer ;� list. Ms. Wilcox s name was not certified in accordance with the -- application of the rules. Chosen to fill these positions were xh` two Black females, Johnnie Barber and Mary Jo Russell, both`�g selected from the transfer list: 1 k f- Yt V Mk L N J t 4• ;tt1*h*`�`�.'i rnil.,�fw"1iFC,¢aa" y1 .wfpVw6. 5„ �1i tt}ily1 a lot SUBSUSTOTIL of diteriellittlefl, In Ahe thif Ott here, It not to Suppopt the allegation that liP, OVA idence submitted ev ditlike played in y interviewing those individuals h6ll� fit 61, rettrUted to Apoear on the Certif icAtioft List AS certified. if ied, ement. Mt. Wilcox's name was not cept and its 800lication. Yl ij -__- ~- ibk' k- f ttledtiofi for tl the position of An equivalent combination of training and experience ' The duties of this position included a Receives records and deposits cash receipts. Prepares daily tabulation and reports of cash receipts from original 'cash 'receipt records. Distributes receipts to proper funds fol'lowing established routines. Performs related duties as required." Audit f88-11 dated 2/1/88 recommended allocation of an Acco'un't� Clerk level position to be filled in accordance with=`Civtl `Service Rules. The department submitted a Form 925, Requisiti"on for` Employee, to the Department of Personnel Management 1. on" 2/5/88. This position would be supervised the by Sr. Accountant=,` Ms. Gladys Jorge. Forty-five (45%) of the funding would be `'provided by' the Section 8 program. Although the justif-ication*of =`Y the '-position required the need to provide `assistance . =' coordinating a.. Section 8 ' Rental ` Assistance Program to j6 i t t` did '' not mandate 'ex er'i ence = f y nnouncement ssue or recru men p ` r.e'quired in Section 8. 9 k: , Ms. Wilcox applied for the position indicating on her application {sr that she had completed 12th grade, had received k i a". high school4 F= f _ equivalency" certificate in 1975, and` had 'attended -Chva' ',Iilllftms 8us'iness College from 9175°` - 12`/76�. - 81 s1inessy Ac'coVh .1, g z, ana Kecoras managementi courses were amvny llef auuufeb* raze ni iuv+% was tested and, was deemed qualified. In accordance with Civil ^. Service Rules, a Certification list was issued dated 2/16/88 certifying nine (g) applicants: 7 Hispanic females, 2 Black, ;. females and another 8 females referred from the Request for Transfer List. �. Per testimony received from Mr. Joseph Berlant, he and Ms. Gladys Jorge screened the applications in preparation for the: interviews. It was not until this time that Ms. Sonia Cervera ` expressed her desire to be involved in the interview process to assess the extent of accounting background of the applicants i relevant to Section 8. Interviews were conducted on 3/2/88 by Mr. Joseph Berlant (AM), — Finance Officer, Ms. Gladys Jorge (HF), Sr. Accountant, and Ms. Sonia Cervera (HF), Assistant Director. Again on this occasion ,a the Department violated APM-4-83, Interviewing Procedures, by not -' providing ethnic/sex representation during the interview process. Although a Black female was interviewed, none were involved in the interview process. Five applicants were interviewed: Olivia Vi lar (HF) , Margarita Neyra (HF), Wilma Wilcox (BF) , Dora. Perez- $ Franco (HF) and Marlene Castellanos (HF). Ms. Perez -Franco and Ms. Vilar were recalled for a second interview conducted by. Ms. Gladys Jorge on 3/4/88. There was no objective evaluation instrument used during the ^' interview process. the department was unable, ;to� -; Thus _ 1 R .`substantiate the basis of their selection. Although. the. same five (5) questions were asked of each applicant, they were designed to test memory and not discriminate competency levels in accounting.' Ms. Wilcox apparently performed well in the interview to the extent that Ms. Cervera questioned whether Ms. Jorge had _ rehearsed with Ms. Wilcox, as confirmed by Ms. Jorge's testimony, . �1 out denied by Ms. Cervera, The final recommendation for the selection of Msi, Dora Perez -Franco (HF) was made by Ms. Gladyt }. Jorge (HF1 • �F.r The justification for this selection was based upon Ms. Perez. �1 Franco's extensive experience (12 years) in accounting and bookeeping prior to her employment with the City as compared to Ms. Wilcox. Although Ms. Wilcox had been assisting in the posting and routine tasks associated with this position, the department felt the person selected needed an extensive accounting background to be familiar with the more complex concepts which would be necessary with the acquisition of r' additional Section 8 funding. t Ms. Wilcox charges that the emphasis on the extensive accounting g experience was a pretext to exclude her from being selected. The Ai investigation indicates that the accounting requirement appears ' r= legitimate as supported by the Request for Position and the funding source. However, the extensive involvement of the Accouot Clerk in Section 8 never materialized. The Department acknowledges that this position was acquired prematurely and that the units have not "come on line". as rapidly as anticipated. Consequently, the portion of funding for the Account Clerk >position provided by Section 8. has been transferred to other areas such as the Administrative Aide II, incumbent Ms. Miriam Bertran, as of .October 1988. The Account Clerk position i.s,know' kyt : totally funded by Single and Multi -Family funding. T' `Ms. ,-Jorge's testimony was conflicti-ng., stating that both sh,e and f'�y Mr. Berlant wanted Ms. Wilcox for the job. It was the consensus ' T of Mr. Berlant, Gladys Jorge, Meky Manresa, Sylvia Diaz,,and Michael Eddy, that Ms. Wilcox was assigned to assist and assume` the duties performed by Sylvia Diaz. Mr. Eddy advised Lhe 4jy • his w �' Department of Personnel, in a memorandum dated December 1, 1987Exvf< that Ms. Wilcox had been assisting with the accounting,.functions r�t`,� ■ T of: the,: Agency since April, 1987. He ., reported she, transfers iF x� +-.. i M1 .y XV 31 .Ji: x sty A TID T19 •F } ^'h i, +.+uni+��.r,}+11'r��tw!lryycy «•R+twS!7Wrn4!°°f�M��W: _ _ ;.. t. �� �.�•., «+tom _ ��e+•ea r r t y 1- J �` i' f-� ♦ ` ..:hrl�6.TiA ..��'F••IP�7}I'4 • Ytr, . t � '1 ti�i..r�.y'syi;.•q,�j:Y ' _ rFt:8d�34t _F . i tib k .e _:.. .. �ed�et� cards from handwritten records to computer records and .. , d�fecking the accuracy of the calculations on the handwritten records; prepares all new client ledger cards using pre- established forms; prepares the monthly billing for all client accounts; handles all incoming inquiry calls on accounts from clients; and, under supervision, does the research to handle the t , inquiry. fl All agree that Ms. Wilcox could perform the job. However, it was confirmed in interviews with Jeff Hepburn, Assistant Director, and Michael Eddy, that the policy was to promote from within whenever possible and to provide career opportunities, and training. In this case, the department deviated from past practice. Per Mr. Jerry Gereaux's testimony and prior to the selection, he met with Mr. Berlant and Ms. Cervera to discuss the interview ; process. It was noted that Ms. Wilcox had applied but that. the best qualified/credentials would get the job. This decision to emphasize credentials compared to experience and potential t, lessened Ms. Wilcox's chance for selection. Ms. Wi lco,x also refers to the fact that once in this position., Ms. Dora Perez -Franco had to be trained to perform: the 'tasks associated with the same. It was revea.led that Ms. Franco had previously worked with the City's Finance Department .and F' g _` -performed similar duties. The extent of the: trainin consisted of familiarizing her with the specific procedures utilized and unique to the Housing Agency. Al I 'testimony attests that Ms, Franco is a good emp.loyee and is doing the job for which she was hired, 'According to Mr. Berlant, Ms. Wilcox was again advised that if — another Account Clerk position became available, he wouId''have no ' "problem recommending her for that position. Ms. Jorge"conf-irmed _ that the next position "would be Wilma s. Michael Eiddy's i,: M 14 $ _ q �}� .] T � �, 7�"t, Ww 4 N` if., �' �vf,,. lu.u..«rv"N •r Fes+ .. �� M�pY1R FM.tr h tx' a+ ..✓cY•�^�-.E\ - .�, f y �+ fs & t t IN 0 h y o P f I e c t t h e b e I e v 9 s M 9 C e r V e r a told Ms. Wi 146it that she would be Considered for the next Account Clerk 00titi0ft as it was Ms. Cervera's nature to encourage employee% The available positions in the future, Ms. CerVera denied promising Ms. Wilcox the next Accouot Clerk position. In summary,, Ms. Wilcox was qualified and was performing the essential duties of the position in addition to having completed accounting coursework. Ms. Cervera interjected the need for extensive accounting background Which differed from the job announcement. Further, the deoartment's emphasis on credentials in lieu of experience and career development within the department deviated from prior practice. Additionally, there was no objective evaluative criteria and no documents exist to ^`' substantiate the selection process. The department also excluded ethnic/sex representation during the interview process An violation of APM-4-83. Finally, the responsibility for Section 8 has not materialized, therefore, funding of this position out of Section 8 was terminated as of 10-1-88. Findings: SUBSTANTIATED The intent to discriminate on the basis of race was not, , determined, however, the department's promotional,policie� and practices favored the selection of a -Hispanic, female and adversely affected the selection of Wilma Wil.cox-. Recommendations 1. A p p o i n t Ms W i I c o x to t h e next a v a i I ab le Account. C 1 e r k..! 0 comprable position in the department. U_ Administer Departmental policies consistently. �4 3. Utilize objective evaluation instruments in the selection process. 77. nrut qf, A U) 'PAMTO 1�1 PNI +fir - - _ — •- ; � — - —_ T�`s - tJ � r , i1e; O*bertigevit should follow estAblished .pol,trriet eii�. 7 include minority representation- to the iAterv.iew Aroaes ,its.' indicated in APM-4`63. 1 • w= I '� i +r'= e c a. - � pr +"'€ #,� sf"•tl� ��-y S �' t gLha k1 ^r xx t S ky� s �':. �;i� � } ` Yl r v �. `r � � 5 a "� t # 4, +.a r3}fi -+•a�#.t �. .L'� ;'�� �+r. 5 1: 7:' }`p'' ? ?' t r .t rf s r �' m T "�.` i '{•4 t'! �`rcL�St p s 1>.r ""s v. .,4. •' a * ° ' `.� i Yt,'' a t _ 4{ ' t� 5 k .} :ram s h �, 'i A,; -w'�{ y'Yz •5 .:'. 4 4 t � t i5 i•�: :'lt t ?. Y� 1 t .v} ..t .+" �,� �€ 'A4�i � ,q �� t s �.'r St3 . - S � 0 > 5 win-di P�y'"LT � -�' ?'iyt'7 � �z'�' Y +a � .r t1 i t d t t) ,S "• b t � 's i r.� h ? �' a +� : � ,�. x ' •"� tF t. v.3 ? f.`��r ab t•� �,3 r � a �r '�'•.� rt T. S r �i'A� �^ t .F c^? � �: �'�t s t ? r `�,�a 3r,�r' t V :y3�y J > S; j% M#. Niltox at le es_ list risination with __re ards__ to proce19"1 utilized in the establishmentof the Assi_stant Hbusfh` Rehabilitation Late officer register in 1988. Ir The position of Assistant Housing Rehabilitation Loan Officer was created via Audit #E98-30 dated 3/14/88 and a Form 925, Requisition for Employee, dated 3/29/88. Prior to the drafting of a job announcement, Ms. Cervera i consulted with Sr. Personnel Officer, Mayda Camayd, regarding an �1 update of requirements. In the November 16, 1984 job ;l announcement the requirements read as follows: Graduation from High School or State Equivalency Diploma plus two (2) years experience in Business Administration, Economics, Social Science, Real Estate, Credit Counseling, z Financial Counseling or Credit Administration" or an equivalent combination of training and experience.. In the, August 3, 1988 job announcement the requirements read as '{ -follows: Graduation from High School or State Equivalency Diploma plus two (2) years experience in Business Administration,' Economics, Real Estate, Federally Assisted Housing 7r Programs, Loan Processing or Financing; or <Y an.equivalent.combination of training and experience Bilingual, English/Spanish preferred <s'; The job announcement issued 8-3-88 was open non-competitive and open until a sufficient number of qualified applicants had been received. The recruitment remained open until 9-2-88. r} The job duties of this position, per the job announcement, states that it will assist loan applicants in the preparation.,, f "w =! ' standard loan applications and other U.S. HUD program forms, 3 751''' 17 5 3 ' � vE 1k31y1`. 7�,��14.1 .w� •.i�.Z d"F;� t ti J0. � r.Y[d F.. memo 41 1 �T F� ,specifically with the Section 8 Moderate RenabilitatiOA Program. -Assists in the Qualification and certification of teflants f,be t federally assisted housing. Provides guidance to applicants relative to obtaining proper documentation. Performs related , 1 work as required. By September 2, 1988, thirty-seven (37) applicants had applied, j f' Michael Eddy, Administrative Assistant III and the department sookesoerson, was advised by Mayda Camayd, Sr. Personnel Officer, a that eleven (11) of the thirty-seven applicants appeared to be qualified. Based on this information, Mr. Eddy authorized her to }r close the register. On September 9, 1988 Jerry Gereaux contacted Rene Larrieu requesting that the register be reopened because they did not have enough qualified applicants. Subsequently the department j s` d to that effect on the advise of Rene Larrieu, Deputy Director, in charge of Personnel Management in the absence .; of Angela Bellamy, Director. r On this date the department did not know the number of qualified n, applicants. On or about 9/7 or 9/8/88, Ms. Cervera called `Ms Mayda Camayd to inquire about the status of the recruitment. Ms. £ y Camayd informed her that it had already been closed. According to her testimony, Ms. Cervera became upset that Mr. Eddy hard �r instructed the recruitment to be closed without first`consulting with her. She then asked the procedure for Having the register extended as she had not been informed of its closing. It was _several days later, on 9/14/88, that Sonia Cervera 'brought over a memorandum requesting the reopening of the register and'r°evi6wed y' the applications of those individuals deemed unqualified. Significantly, on 9/9/88, the department Director, Jerry Gereaux,f`'. made a long distance call to Michael Eddy who was vacationing at Marco Island. The nature of this call, per Mr.'Eddy s direct R' testimony was: "...and then a question bad come out ajj t the time r N 18 i S 1A,Ad+crfyY'1n%}•.r�..+b'-sfp�y, �'�!i!'i9 '. �.. '�. 4 .F}'lri �f -r m-.� WiM �,7cj+a waxk•y+ b'+aW:+�F.1F!, 4 :1+a <,.� 55, if ri r a '.`pktMi.s.4Kq•Tu+.'SY4ch+F,'n-'e�`k.+n`iRfi �:; �- �F V it was .s'� if it road ever been done in the City, where e request a register reopening for people that depart�nefit could q g p g p F might have forgotten or were too late or whatever, to get on a register, 00 " Mr. Eddy advised them.to "keep this thing'abOV# 7 board, get on the phone to Rene Larrieu." Mr. Eddy immediately denied the above was the question asked of hits at the time and changed his testimony to reflect that the =. question asked of him centered around the re -opening of the register because there were not a sufficient number of qualif-ied 11 applicants. �: Mr. Gereaux initially does not recall the conversation, but later what_ under cross-examination, confirms having discussed under _ - conditions could a register be reopened. Although Mr. Gereaux and Mr. Eddy's testimony was consistently' contradictory in attempting to retract their statements, it was eventually determined that the conversation in fact took place. On September 12, Assistant City Manager, Herbert Bailey, responding to allegations regarding the Department's attempt to "reo`pen the 'register for Miriam Bertran, contacted < Rene Larrieu requesting a status report and placed a hold on., all actions concerning the register. Rene Larrieu responded with a written memorandum -on September 14 advising that of thirty-seven (37) applicants;, eleven; i `applicants were eligible, four (4) were ov. pending, status as — aw'ait,ing submission of transcripts, and twenty-one;; i21) 1. 'applicants were deemed ineligible. `Also on September 14, Ms. Cervera delivered the memo to Personnei — Management requesting the reopening of the register, which was, not accepted, per Mr. Bailey's instruction. In addition to �r r-eviewing the applications of those deemed ineligible,. the names i u 'of} `Ms. Barber and Ms. Wilcox were brought up for the, first. time: ,r 19 _ •---..-.._..�._..�_..�.-........17, a Wqe - .�i.=��-j,r. 'eu 'aFC,u�±'h✓fw«!`KRiA4!`� �, - . gl 5 t pl jT'�i y ii�iinrnnr i. -'. - f 1 .t j• It was ieafted at that time that they were not qualified for the 04sition. Also during this meeting, Ms. Cervera advised her that —+ r y Miriam Bertran and an individual from Dade County (Para) did not } have the opportunity to apply before the register was closed. It was Ms. Camayd's testimony that she thought that the reopening of r„. the register was because these individuals had not applied. Y Following a subsequent conversation with Mr. Bailey, Mr. Gereaux advised Sonia Cervera and Michael Eddy that the register would not be reopened. He also advised that once the register was+ #;r established and certified to the department, everyone qualified —+ would be interviewed and at that time, determine the need for reopen if necessary. Per Mr. Bailey's instruction, the register remained on hold from September 12th through October 18th, 1988. .i}; a 4- 'On October October 19, 1988, Mr. Bailey advised Rene Larrieu to establish 'A the register. Mr. Larrieu was also told clearly not to repost. The register was established on October 25, 1988 showing eleven �r (11) qualified applicants and four (4) applicants in pending -, status. On November 8, 1988, a corrected register was issued showing thirteen (13) qualified applicants. Wilma Wilcox and Johhnie Barber were among twenty-four (24) applicants deemed ;a ineligible. The Housing Agency never requested a certification of eligible candidates upon establishment of the register., r 3 On November 30, 1988, Rene Larrieu received an inquiry..from,the City, Manager as to why the register was not being ,reopened as, the department was requesting to reopen the register to interview `..� someone. Mr. Larrieu failed to advise the City Manager. ,that there was a register established and the procedures and/or, j'a 3 conditions necessary to reopen the register. Instead,. Rene Larrieu proceeded to reopen the register.zZ In a 'memorandum dated November 30, 1988, Mr.: Larrieu—instr_ucte'd i' Martha Salgado, Assistant Personnel Administrator-,, to-�Jn,i.t'iate; a f � . S F l , r r .�, . . .•t v. t• .rr.�. 5 .' 4 - •lw 'tl a� .. ,., .0. JP A YJ °} - '>4•vt�v.war„w^-yntvarealux� - � fr f t M��/e.,�y�w� �•!�_'� } �� '� �A .{{#, ,ram y{ 4*"r�.rr .,.,,,..,." .. L'` ►i'.,}'i� L�.QI'fv.%•• c . •aw,+ ,.,.... :Cr1Y . fir ,�,) �R': ,wi' a k Y supplemental recruitment as the Department had stated that there was not a sufficient number of applicants with specific experience needed with regard to Section 8. At this time the Department still had not reviewed or interviewed any of the a thirteen (13) eligible candidates on the register. (- On December 1, 1988, Mr. Larrieu contacted Sonia Cervera and requested a memo from the department to justify the reopening of the register. During that conversation, Mr. Larrieu insinuated r_ that Ms. Cervera had been in the City Manager's office on — November 30th and knew all about it. Ms. Cervera denies being_ o Y 3 there. f Mr. Larrieu also contacted Michael Eddy and Jerry Gereaux - insisting that the department provide the memo. Mr. Gereaux refused and contacted Mr. Bailey, who also refused to authorize the memorandum. j On December 2, 1988 a supplemental job announcement was issued` without changes in requirements. Again, this recruitment was open, non-competitive. It was anticipated that recruitment would be open thru December 23rd. During this period, Miriam Bertran x: -i and .Manuel Chavez applied and were deemed qualified. 7-1 j On December 13, 1988 a complaint was made to the City's- Adm.inistration with regard to irregularities in the reopening 9 9 P 9 of the register. After subsequent meetings, Angela Bellamy, ?; s Assistant City Manager, instructed Rene Larrieu to close and recind the supplemental recruitment. a In a memorandum dated December 29, 1988, Angela Bellamy advised Rene Larrieu that the supplemental recruitment should not have been initiated and therefore should be voided. She also issued a ` - policy for all staff within the Recruitment & Selection Unit to 1 request written statements from the supervisor and confirmed by - the Director, verifying questionable experience of -City employees r> and be obtained prior to the register closing date. k 21 r r) i , r f In sumlary, an analysis of testiMony and available difcu�heiitai'fiitr indicates that the Qepartment's justification for reopening Oe reister to obtain more qualified applicants with tpedifit g Section $ experience was a pretext. in fact, it has been _A, determined that the real motive was to reopen because someone :- 1 during the legitimate application period. forgot to apply Further, members of management staff interviewed provided t fabricated testimonies to this investigating body as to the real reasons actions were taken. Mr. Larrieu initiated the supplemental recruitment without obtaining proper justification. It is not uncommon for names to be added to a register for affirmative action purposes, military leave, and also to seek more qualified applicants. The latter 1; case is appropriate after interviewing and exhausting names"on a e reasons applied in this case. register. None of the abov Findings: SUBSTANTIATED A srecruitment should not have been initiatetl. The decision to void the supplemental register is upheld'. h� r 2. Violation of Civil Service Rule 17, Prohibited Practices,`' j Jerry Gereaux, Sonia Cervera, Michael Eddy and Rene Larrieu. { ' The rule states: i allo person shall willfully or corruptly make or cause to"tie {fF rating` or report fi Fit { ` } made any false statement, certificate, `mark, r { �' in regard to any test, certification, promotion, demotion, t removal or appointment held or made 'under the provision of r,g these rules or in any manner commit or attempt to commit any fraud preventing the impartial execution of the provisions +of x } - - ' ■ these Rules and Regulations. No person shall either"directiy z ender, receive, or give'any or indirectly solicit, pay, r ' ' money, service or other valuable thing to any person for, arr x; on account of or in connection with any test, appoint�dent, �3 �{ promotion, demotion, layoff, or, di's�mis'sal.." ram¢ ,x v = i i Y trf • 7 . ft L � - . � 4 1 3•Yn ��re - _ 7 14 O I i^ N� -X'i /{ Y/ 7 Rj Tin i ,�+[' y�s.�. rs{ g S Y �. J 75D f{• F - j .. L�,Z �i r.?`.,�i L94.Z*.w`rir Y+1+ ` i�S +Ai1th#+"F ga r a.'4u. .i�'''✓,rmaN'r3 ,fi4,', iWObI,4-}ew W.� : < t.. 4',$i� _���$1k S �j 't ! MIS "MAOM WOO �3r11110a 4 2v tMesO 040111111 and retoMMendatlbns be presented tj tuii: Manager for nis Consideration of a proper remedy. „� 3s ACknowtedge that proper action Pill been taken renM1 the register. made w? ,•t ° � .t. t;t 2. � cyt [ a°� t� '`' �tF ``�r .. 1 �-f" A'�j�,-�' � . AC f t f Why! �` l �.'s` -�'� �,._+� - .i vivo s t i r isWITH � i z t �I � 4* +, m t� %', 4t I r ..t i• +y r tit 1 4 "�t 't 71 Gi rYI 'x is 1 r r v Fr [ +yi?,� i s < t RA 3 ?`29 > f 1 s ' :' f .f ? 1 TWA, i s` t3 4wn h` y as'f CAI ' e i Ry z AwlAnn .� X }�,}2t !`� fit, 7tr; j •::$ \ t? i 1 T . _""� �A e±a 'Y 'fit :Vt` fq� 3 t%• } Awl, -i . qY# p p { � sj.°} '� �"'" �r �' tom#. � ��,.3 I'• i$%S'"�. .3. u§-� .3t'r i'. l`. kv,pt, '�,., _��+'�.. �sn m,�x_.r` j L h F S Si 1 t �7[ I f J.a{". Y it 3, t f� k 5 # I fi red4sm"yp{s�>r"f'{f'�gr� i �''�� 71 how - ems. � nt r t 1 Z �`, f _•G "�- f rN,. d - t f t .+ 7 _{d;`�'� •x °i ��rrr �[ f:l"t:y'•" .. , ,. .: ! , .. r r. t la{., _ f A� '�:e� e r. e , .. ��.. r = ',,.L ..f `c.. 1§:.J'�d 2l t f , k� v 06 lAI fo t these fIAdingI and recommendations be presented to iriie� Manager for his consideration of a proper remedy. Acknowledge that proper action has been taken try _reo3.#ndi'ri'g^ the register. } - .: .- •. `fir`' �A '.�7r �." z.- '' L`- 4 .-f t C '� i. k.-, P }"• t,:t ?k 9' £6 �t '�'�' �t'�F ": { � i9 1 .{'� � 1 .( 4 f !1 �'..• n� � ��• i F .r. �rvF"y't�'� �,� .d .?' a a+ `•� dii,+;i r ^a r �, t y, t„ e y,. �,^'� ,�` -.. -�, s� ='ap :' � f .°t� ,y pt �i C'i tS� -.i i i.. t• � {+s 'F t�_ t, gi w^�4 Ltd 4���. � �.y' ir'72 Fxr '', s .fi 't ,rye r t •:E '4 `f 4 °C '41 is r•, � ¢ -? k 7 ^: • sK'J' f} 'N,.' 4tY 3° °•+-3T t� ' y. i'� C2 A � � 2 � YS,c A � •ik-. 5 � y+ 'fylyy�Y 4M1 E AY . y "• x l^ a�.+ E � x k x3 w.$ s • 4` i '6 S: `t ,i. i• i'i ^� F 7 �r�'' LY7 c �' -i t >y C 1 k t r x ar4 r. y t s3 si: 5 ,t a }' a f `' W i C1 f�will 2�; y 2 .jt4'ii, f J .a.r; _g_ '� aS l>* �i hl ft i. } Y:r �R's C t t l ,T y'1 f '1 141 x•, .��yRA ;7 _ _ r ' '� +'. � •� 7 ;��'.3 � ;� h..<�,: w c,;y VAt .r,.��� .'✓ `.�.iY�t ;_,+fz ���P � y. of M � -A i SpEwr'tn .a.•nrayrd*. 4 :. -�vz`!'S!.�, a,. _i__�... SY ... ... ., _..., . . .-.:_ ..- .. c.... • - .,Cn .+s-".?F ,_.x7.__.,>..... s._,.. .. �'k.,,,_T.L-�e_'nxat a" 4 }1 dist_rinination was a faciror Personnel tuna ewant'_s detisi�►n t die calif her as +�adlddird -e forthe osition of _Assistant H0631-69 Rehabilitation Loan_ _Off#der in 1988i S. The Housing Agency changed the requirements with the Intent of disqualifying Ms. Milcoxi The essence of Ms. Wilcox's complaint is that she had previously ' qualified for the same position in 1984 and questions the motives for changes in job requirements made by the department. As previously stated in the discussion regarding the establishment of this position, Ms. Cervera was chiefly responsible for i ' updating the requirements from 1984 to 1988. { 1 iJ The 1984 job announcement was amended to remove credit and financial counseling, credit administration, or social science,: as requirements and added federally assisted housing programs, i ; loan processing or financing. An additional requirement was Bilingual English/Spanish preferred. "Assist .t,..' The duties were also changed from: in providing counseling to loan applicants on housing related financial matters; i.e. budgeting, financial over -extension, other support services as needed." to "Assist loan applicants in theIM i preparation of standard loan application and other U.S. HUO program forms, specifically the Section 8 Moderate Rehabilitation. - Program." Also, "Assists in the accurate preparation of standard loan application forms" was eliminated and replaced with "Assists �- in the qualification and certification of tenants for federa.11.y ' assisted housing." Applicants are qualified based upon the information provided ink the application form. The Register Announcement states: MethoQ of Selection: Applications will be assessed on the basis of th,erif �.;��:•; Y 24 {.h i' " PP A Mkt ���t �i. '..,� �� 1 .. jYf 3r91' _ :.y. ...•.Yw:�ry Sre.} � h , ... '^r }Lr.. � " ' �� ,A YTJ e-w "mating and e`xperiente at shown on the application form. As* Wiho»'s application, submitted on August 12, 1988 for tfie _ Position of Assistant Housing Rehabilitation Loan Officer, describes accounting duties and makes no reference to experience in Federally Assisted Housing Programs, Loan Processing or Financing. Her job application further reflects duties as: "Working .with the Accounting Division. Receiving clients monthly payments. �F Preparing satisfaction of mortgages as needed. Updating clients account. Entering all new cases into computer to be able to keep up with their payments. Sending all loan recipients monthly statements with their late charges and due amounts, if any. Assists clients in any problems that they might have in reference to their accounts." , § �t- Ms. Wilcox was deemed ineligible on the basis of her experience 1 according to her job application, which had no relevancy ,to either of the newly listed criteria listed in the job announcement. -Personnel Manangement contacted Sonia Cervera to further. clarify Ms. Wilcox's job duties. Ms. Cervera, however, was not the immediate supervisor. Mr. Jaime Daval os would -have been a better• choice, as he would have been familiar with Ms. Wilcox's job w duties and the relevance to this position. Tbe` essential question is whether the department changed the requirements and eliminated credit counseling to disqualify Ms. Wilcox. The department's rationale for the change in the job i announcement from 1984 to 1988. was that the Assistant Housing s Rehabilitation Loan Officer position was to be assigned to the Conservation and Rehabilitation Division with responsibilities 4=, for coordinating a new Section 8 Rental Assistance Program for City residents. Therefore, credit counseling and/or credit administration was no longer functional. The majority of z �w �i ...,.,...-.. - M- , A YTV y: aYntM1mt�b •<.e ,ti!i'F"F4Sv'M)+.Fr"�j.; t...; 4 .F 4, t- b a0011Wit s would be Spanish speaking therefore the bilingual ` preference was added. Personnel Management, at the request of -, -,` theHousing Agency, revised the job announcement in 1988. Based r:. on these revised requirements, Ms. Wilcox failed to meet the an r } required qualifications. This investigation found no direct documentary evidence to 3. �. determine if the intent of the changes were to eliminate Ms. Wilcox from consideration. This investigative body, however, - finds it interesting and wonders whether it's more than just coincidence that the same month the position was originally —� requested, Miriam Bertran was transferred to work with Section 8. E_ 1— Another factor is the emphasis on Section 8 experience as the essential qualifier after the closing of the register. Yet, the department failed to reflect this specific need when revising the t Job announcement. If the supplemental register was not recinded, Ms. Bertran would have been the only candidate specifically with { Section 8 experience. Further, her job has been funded 75% by i - Section 8 since October, 1988. t The preponderance of evidence would lead to a determination that f the position was intended for Ms. Bertran. It .is inconclusive that the intent of the department's actions to, change the requirements were solely to disqualify Ms. Wilcox. On December 21, 1988, a meeting was held with Personnel Management staff to discuss these allegations. Assistant City i ,''Manager Angela Bellamy personally reviewed the job announcement � and Ms. Wilcox's application. As a result of this review, Ms. -, f. i Bellamy upheld the decision of Personnel Management that Ms. Wilcox was unqualified for the position of Assistant- Housing Rehabilitation Loan Officer. .,Staff of Personnel Management were directed to obtain written �,.. verification of duties that are outside the scope of. the employee's job specifications. Such verification should, be .r 44...., lrr:_`r r '� �r ��a .i MpY14A94JW'%BMtI. + '. r t ti t �weparad by tilt i4modlate —superv.itar end toot iemed by •� �ioi�tr�t�e-nt tlirector� .. }Y "� 1lOTiiiU�STANfiI�►�� 1. Ms. Wi 1COX was deemed i4ol ig ib le based Oil tiie iAtormatoh 7,>' she provided on her application ecoseendat ion 1.- The recommendation has been properly implemented to instruct Personnel Management staff to request written verification of -duties which are outside the scope of the employee` s job specifications, verified by the immediate supervisor, and confirmed by the Department Director. i ;To be fair to city employees, Personnel Management should consider verifying job duties of all applicants claiming r. ., r. outside experience to qualify. 5 B. Findings: INCONCLUSIVE 1. The Housing Agency's intent of changing the job requirements. i� t to:disqualify Ms.. Wilcox could •not be factually determined. et 4 i � y : - n.0 t � � .� � r � !Y'a q� d�' s Tj ,�• 1. � .� #' '>t ��'Ct k f � o y � ,i�d 7s� ��1 j( . [r µ r- r� }, 'If?'' e I+ a•�y� � �� J y'.�y �Y �''�{"�`�� �-dt�,{# �•r i i b'i-`'a 't' 'a d a r:a i 1 i y a a• r i y W S`-' tr? �,4Sr,..rvd. S tr_r-. -', .t r.?-' •3q`'-y4Ls sf£ ''tir�' iy t �� � S�bt 'ytr ,� -•:S �; �� �.y , 4 � .. y _ .� � .. r t a J vy �,4�bS��i-.a ;,+,}a4 �` } ii {, } f 'i 7i :s T•eS s.r.:pyfe..r ( sv y23! ' „ t�'i'�•J;�,pctx.N��'l4i {„4 m f W t f t i% 7J i Ts4t_ftt )qa 5> Fq • a # 'i+ w ., t *s.� x YA' •� ( x . ` ( r r : taz,�a t ,�,`€a--w iiAt: S kk. i.:11Z i �" 9• �` ^t :: F� j r � � � + $ti i`f t i {r �i x4 � �� 3 4l!f t C s�� .. ys ti a�" k ���-��. ■ _ f t •fu �; " a ,y 4 -y ,'" j C 3 �i` � �a � �..� �'c3 sy .. *f_ y� k •� '! `x t 1 "ht � t �i. a i t 'i '` x < � f _ a3 ' _ Y � �'. �a: � ���;i P•73 ��;Y�3 1 r S r b '� �• t .� i. N, > r ei-F.,Yk', „'•1 `a`e'1 21 a.p+,t 4+ L ir' �Ir fri f �+''Gti x +PIP,N I h '�:J: -✓ dy tZ� G �.. - yam, '4 b t 4 ,.�•r••.. �. �.._ t4�� rlthK;i.;�K����$$$`-a�'F}R�t��' +�wwTq ,• � 4U� • ., - _ ,. , ram' t '• ud rF �� '.J ANN N, Wi Ilan Wi ICox needs to take some responsibility for her: career � development. Career opportunities could be enhanced by furtflet* ' educational development and expanding her, job search outside of { the Housing Agency. Ms. Wilcox's point is well taken that others in the department have successfully advanced without the need for degrees or further education. Nevertheless, it is unwise to limit oneself to one path of career advancement and there are many opportunities provided by the City. Additional coursework F-5 would enhance her competitiveness. Ms. Wilcox's name has appeared on various certification lists,' most recently Account Clerk. She has declined to be interviewed and thus voluntarily limited h.er opportunities for advancement. = r y Numerous testimonies, including that of the Director's, agree that Ms. Wilcox's attitude may have negatively influenced her Nt opportunities for positions for which she aspired. She is t. described as moody, disrespectful to supervisors, talks excessively on the telephone, curt, etc. However, when the 9 , , v question is asked whether Ms. Wilcox has ever been counseled or 4 reprimanded regarding her attitude, the answer is always "No." There is nothing in her personnel file or evaluations to reflect '<< ' that any problem exists during her eleven (11) years of service , with the city. It is the Department's reponsibility to inform 4t' _employees of .their deficiencies and advise them of corrective actions.: The Department's defense against these charges was; t<, weakened since there was no documentation on this attitude r problem and no corrective actions taken. In contrast, Ms. Wilcox's job performance has been described as. hard working, diligent, loyal, eager to learn, thirsty for knowledge, etc. Mr. Joseph Berlant, former supervisor, written correspondence to the city dated September 26, 1988, has 28 k _— _::x_4 ;�.. ,, .i9!v:.x .wrn+.w✓+�`' h . >�rt4W '' !� " F 'i � �i +x�� , a �.:r ry I.r� :t-i.3 vtS. � � T A 7- . I �..+ j iiq ��. � tl •�/ S"��4 r :; :• �y�l�";'wiiKLxwe S?.Gt»+4Mt�/-pY�'1K �RJ�� ��. i ff,* - .. .� ay i e � T 1' R !t' a t 3f; ANALYSIS, FI*DI'NGS ANO' RECOMMENOAT_IONS. °CONPLAINANT: ;G NS.-.JONNNIE.. NAE: BARBER. t 7YPIST.:CLERK III ,r< Olk ,� s { ,• wry tea} �t� t�y,�� .�" 4 � � .t, � m.:t }1 s{ �� 1 u G�P7 x $.{ t � ��.ki tje? A� ; l L{" iky s"k -0"»�,�'„i+ 'ys" ;� is dam'' �'✓ r r � 's f"#ST.•�' � lv N'Fe xs 7i St' �' � p p 6 t s y� �p r' Sk ,, n. �, �.�'}�•`� *`✓'vF'�Ye3j,4.n,'`�y& Ya s• ,.'kT t+, + ZAt r3 s'll, A r �.�A'���f��'� a J k 3 k l xF5 t.,, V ';' "l k1 q ia•' �C t� b t x Yi'� 1 1 1 AV 7 ti �iA.f}}M iT'=flk 1q,Ir ti s 7 F{.��tf�^'is � �l � �%.s.1.. fta ,4� � _: mY g- ` -, i i:. "' f t � r a ✓ t; i mg w_�� fifaS�j s f t< r a l a i tf _ ' �s � � v � • t7 L � d i � r'� �T 1 -'� r..l �s d �4` �' r�, s4 r r e "Ye If. .,� r:. s J rc #�t•S r r.`t� J a "Y a � �, k e1P �✓ ��` � aYF'�e f r l Y F �'U is Fw ol �_ a i��t *-� xt ty,t-{s� r5.3 at � -- �,�: r r n. � :u:2t fi'�.'r'fi•��,[a ..Y .�s.�n ' a `- , � C., J' � S S"G`lr qP�'� a yxs, tt� ..:n'YW�, f'}`', � -7 . - ,e }•�t r , 7L,­',� �5,'■err ,��°-�,( . I 'I IJ, U, Johnnie Barber_ alle es that discrieination was a f*tti in personnel i+ianaBedent's decision to _ disquali#y her a s_ Candidate .,for the position of Assistant Nousin� Rehabilitdtll Loan officer in 1988. Barber alleles discrimination in that job duties relat to Section 8 were removed,by Sonia Cervera after she applied f itiAim this pos Ms, Johnnie Barber applied for the position of Assistant Housing 5 :7 } Rehabilitation Loan Officer on 9/2/88. This was the first time f Ms. Barber applied and was subsequently disqualified due to the :k lack of gob -related experience. Ms. Barber indicated that in addition to her clerical responsibilities, she "evaluated Section {4 8 applicants to determine appropriate housing units needed and assisted in the qualification and certification of tenants for federally assisted housing." Ms. Barber's experience in ;# Federally Assisted Housing was three (3) months as verified by Sonia Cervera, her immediate supervisor. Ms. Barber acknowledges that direct experience with Section 8, as it relates to the requirements, extended from June 1988 up to the date of her application. Two (2) years of experience was required in the job - announcement. Clearly, Ms. Barber did not qualify. Since her employment in the Housing Agency, and as secretary for Ms. Cervera, Johnnie Barber has typed and performed:_.other =c1eerical duties associated with the Section 8 program. iDuri,pg this same time, Miriam Bertran, Administrative Ai deIl•,:_,was assigned to Director's Office. E= On or about June 1988, the Agency began taking applications and interviewing applicants for the Section 8 program. Due to. -.the .( number of applications, Miriam Bertran was assigned "on loan". to Ms. Cervera to assist in the intake and began spending more 50% of her. time in this capacity, as per testimony of. Jerry. Gereaux. At the same time, due to short staffing, Johnnie: 8arber 31 - -- - -- tt _ -- — u .. r , ,,.�zr,..... .,. > ......r-.�:•..:.:.� ems•., r .. .. , - ... - - y 91 i'�. •t.:, ..... AN.11 1# Y� fix.}r.,. _ _ - assi zed with the completion of applications in the field, of t ytetion of annual income and classify n by number = �:pat�ts, etc. position of Assistant Housing Rehabilitation - In August 1988, the Ms. Barber p ied. Ms. Barber Loaf' Officer was opened and applied, Ms. Cerf e�rin remh�� hLo i a 1 alleges that one week after she trans a 9-- from all Section B responsibilities, Ms Barber felt that this t - Elizabeth Perez, Typist Clerk II. . further experience in t action was to prevent her from obtaining time, the Multi -family the Section 8 program. At the same and given to Ms* were removed from Ms. Perez responsibilities_ Ms. Cervera's justification for the change Barber. had much distribute the workload because Ms. Perez evenly with the also did not want Ms. Barber working worko further, she and instead wanted her at her desk* files in the conference room Principal Housing Supervisor, nor, ; Ms Neither Ms. Diane Kraska, Ms. Cery er a informed Perez were aware of the upcoming change. decision had already r: all parties involved in a meeting where the the Section: 8 Ms. Perez stated that when given been made. Ms. Perez before. ; ' responsibilities, she had even more work than ht may she had .; was upset these changes had been made and thong the fact tnoutat �. L done something wrong. All testimonies point to Ms. on Perez, however, is an excellent employee and gets her work time. Miriam 6ertran, on the other .hand, has increased her 1= ,Furthermore, becoming 90-95Z of her.,job ....involvement in the Section 8 program, i By.;10/1/88, -- _ responsibilities, as confirmed by Jerry Gereaux.. of her salary was being paid by Section 8 funds. :' Tu _ Ms. Cervera testified that she thought they would be. obtaining one or two other positions in the near future and adviseds.Ms..; Ms. Cerv.;era �. that she would Help her obtain the next one. i -- ..Barber wanted Ms. Barber to at least be on the register for a future promotion. `c' 32 4F `�•J '-'��'_' CAA •.�• �t `LtJ - U(Y .N.rc4.' --- ---- - —_ �n toy the:t f intf er of Section 9 duties to MS. 112000 !iii*e ,dries nbt 100O tb be a legitimate One. Even the 1bdaLLtit�n of the workstations to the reassigned responsibilities Of each' -Is ' illogical. the motive remains unclear to the employees invOlv4d# along with Ms. Kraska, as to why these duties were redistributed. Tilt, net effect as to the removal of Section 8 responsibilities from Ms. Barber ensures that she will not gain any future work experience in that field, therefore depriving her of any futurd promotional opportunities. y ; A. Findings: NOT -SUBSTANTIATED 1 Ms. Barber clearly did not qualify for the position Of' , Assistant Housing Rehabilitation Loan officer. B. Findings: INCONCLUSIVE 1, The redistribution of the Section 8 responsibilities from Aft Ms. Barber appears directly related to her application for L this position. However, it is clear that expulsion from the Section 8 program ensures her lack of experience for future consideration. Recommendations 1. The Section 9 duties be re -assigned to Ms. Barber. 2: Ms. Cervera should cease making promises to employees for. fir future consideration for positions that never seem ito h,F. materialize for them. u zl q4( a4 ek4'Fs�aX 6 .:Yii" 3 8 . t +� �` >. J. �71 f: p i 5 �• 1iR y{ I,A: Vr1,i3 ,r.}faS dr. ����. r, MN Wq sew„ � �.�• 7 J� h � s t A , .+1i',i +at riSaxkT'4 ,Yrir'Axti.i° C t 1 rr•.r+ wtia+5✓«u,rt• te}va+iwMW ""+F 'f `ara„I R ... . ...... . , ...2. 1 addressed in Ni St W11coiIS section. f tnis allegation was 17. Tne findings and Recommendatioo5 alsoapply is Onge a i i y. I Z ^fir .� ' a . '.. t 'a♦l i'14 l � '. 4 �k..d Y[ J�!"u . ''T*ac✓� S�Ei •t Y i i '� K 4i� sIY Y �k "y �'}. '3 Y +•r` V�, r L h •ra� a i•' � � k _ r }}y�r i �^ �" G�}„x, ? A: }�1 �.'{1 Y posits �t i,� Y�, !{xtl3y }`h T�3 J t 2� ipAN � rp ",� n e� Cy-t.i•,X" T!+fs«.. '% 1 Z f ✓. JMGM :-r ,• ..k Rk 2 i .. ,� 5 f '.' ca -4 9 - 7 .,y a _ r• 7�3kt 5 .e �! F�.�f loot ' �[.r '? {uy of � f •.[ � � %r i � � ° � r [ 1 7 . y, 2 u �� t .«t a F`.i. t"„ , ySt t pxn}�b .v. k .0+ y :S ry ♦ ` .;.r F r,'vT' 9 i4 3`S tF%a 'F; y +� Mon `" t 1` J C •: �j 4 " !• y t {�. $"`yT q ,`i. i f+k \ {.Y._ CC� c Z d y'S ',,. I r`5 •[ ,.. i.. ... 0*4 strber a11e a#_r�eta�tatar, treatment directl as a result df r f I I I a_ discririnati+on cod taint` On or about December 6, 1988, Ms. Barber and Jerry Gereaux met and discussed some general problems. However, Mr, Gereaux could not recall the conversation stating " It was not like something you would focus on." He further indicated that Ms. Barber likes to get things off her chest to clear the air, and she would not mind saying what was on her mind. Mr. Gereaux failed to recognize this as a problem and took no action. Subsequently, Ms. Barber notified Mr. Bailey, Assistant City Manager, of her concerns that the register had been reopened. On December 13 and 14, 1988, Ms. Barber took her concerns to a Commissioner and the City Manager. Immediately thereafter, on December 14th and 15th, Ms. Cervera arrived early (before 8:00 a.m.) as she had a lot of work to do, although her normal work hours are from 9:00 a.m. to 6:00 p.m. At this time, Ms. Cervera noted the arrival time of members of her staff. Ms. Cervera testified that the timing of her coming in unusually early and the filing of the complaint was "just .;.coincidence." Y On December 15th, when the payroll report was prepared b'y Ms.. ';Barber,.Ms._.Cervera noticed that the individuals she, -had noted;as being late were not docked the time. It should be noted that one s (1).tardiness;is permitted without penalty during the pay,period}t r, _ :,Ms. Cervera determined from this instance- that Ms. Barber. wars =' inaccurately reporting the payroll. Ms. Barber had been _ preparing the payroll documents since.11/86 with no documented ;. complaints regarding her performance in timekeeping responsibilities. Promptly on the same day, Ms. Cervera,_called Ms., Barber into a meeting and advised her that she was removing thepayroll responsibilities and reassigning them to Diane Kraska, Principle Housing Specialist. Ms. Barber reported Ms; wuR �: 35 °try.' x f�9j, AAA! .'VPY41�+I�If�V:fiJ - ' '1?: . _... r}1�fy14f}!!k.iNpiy Ir.-J,v k�w .r+• <..�.,: A.,'S. Y i Y 3 �'�-'S ,�yy, a 315 r W versa also stated that Miriam Bertran had Complained that she walk beih� unfairly docked title without pay while others were not. � ls. er testimony, Bertran confirms this in h however", Ms. irervLra denies this occurred. Mr. Eddy testified that he was not aware - any problems regarding the payroll prior to this meeting and r had previously advised Ms. Cervera that "this is a bad move." -� �} Ms. Cervera, however, did not heed his advise. Ms. Cervera 6190 notified Ms. Barber that Raida Cruz-Peraza would be keeping time for herself and Miriam Bertran and that Elizabeth Perez and Ms. Barber's time would be kept by Ms. Cervera. r, Shortly after this first meeting, another meeting was held the j same day with Ms. Barber and Ms. Cervera. Michael Eddy Was t' present as a witness. At this meeting Ms. Cervera expressed her displeasure for Ms. Barber because she had gone to a Commissioner _ with her concerns and had not followed the proper chain of �. Command. Michael Eddy testified that Ms. Cervera told Ms. Barber that she felt "uncomfortable with her as a resultof the �:. 1" complaint being filed outside of the department. Ms. Cervera _ confirms this was said. Ms. Barber maintained detailed notes,of ; ,. this meeting. No other employee under Ms. Cervera's supervision has tied any responsibilities removed. A. Ms. Diane Kraska testified that, on or about December 19$8 -"As'. Cervera called` her into her office and advised` he'r` that she was giving her the responsibility of timekeeping for` the `entire Rehabilitation Division. This includes all staff members under, Ms. Kraska's supervision with the exception of 'Elizabeth Perez, "Raida Cruz-Peraza, Miriam Bertran and Johnnie` Barber. Ms. Kratka - testified that Ms. Cervera stated that the reason for'the change was because she felt it needed to be handled that 'way "bec'ause Johnnie could not be trusted." Ms. Bertran confirms in - her ® testimony that Johnnie Barber could not be trusted because she had filed a complaint outside of the department. Ms. Cervera ri .X q { s ka,'iiy 7yyb .. �[: 1-71. � /.rr T I D .k i Vgl#i „ R '"'`= t3 `,3�r Ci-��a'ld ist..x:V .. /+'4� sY WA -.tk.h :T1. :4Cs�%f.�a1if.1..'r%OWN__ •iri y4lf '�'� .al:iSf. Sr y denies these were the reasons for the removal of the payroll �~ ' duties or having said that Johnnie could not be trusted. Me Eddy testified that he would definitely consider Ms. Barber as being trustworthy. It is interesting to note that Ms. Barber was maintaining the timekeeping responsibilities not only because she is Ms. Cervera's secretary but because of the physical location of her workstation, accessible to view all employees coming in. Ms. Kraska's office is located at the back of the department and cannot view the employees coming in every morning. Additionally, Ms. Kraska is the only supervisor with timekeeping responsibilities. In summary, Ms. Barber reported her concerns to the City's Administration via a Commissioner on 12/13/88. On 12/I4 and 12/15, Ms. Cervera came in unusually early and checked the time of empioyees arriving to work, never having done so before this date. On 12/15, Ms. Cervera removed the time -keeping responsibilities from Ms. Barber after, two years without_ complaint. This investigative body views retaliation as an ,'— extremely serious charge as it is a violation of Federal law and City policy. It Findings: SUBSTANTI"ATEO 1. There is no doubt that Ms. Cervera's action in relation to z the removal of the payroll from Ms. Barber is retaliatory i`n" nature. t# 2. Ms. Cervera misrepresented herself in testimony to this .ire t _ 1 investigating body as to the real reason the time-keepingno r responsibilities were removed from Ms. Barber. 1 Y.YW 3. .Ms. Cervera violated Section 104(a) of the Civil Rights Act, of 1964, as amended, and Section 4(d) of the Age s� r�= 37 OWN .4t t Y, 7yJl uy 3 a aim, : e } Rob E 5 ��4 'i�dn'Yt Y 'w.•iii�yMNfF•a0K!XL � '� r-(t ���t�: �d `+..t f � - r ,. tf i a t(Qs if7j.� ;5..... ,e' cc>'A�( �,+ .y Y '1+4�••, �1+- TU Gt- SEVERAL COMPLAINTS`� An Y i ti n � k, 44 a v T4'}y i'Z����� 4 } A { { } �� sT �� i#till -?ION d the>.coursel of investigating the complaints of Ms. W i l e a li i. -c0It edd Ms. Johnnie Barber, other concerns were brought to light. } 4 ,tro-se: -concerns include; 1r Favoritism for Certain Employees y,�n 2. Disparate Treatment in Upward Mobility 3. Falsification of Payroll i.nY t .'4, Management Style t , S. Possible Loan Irregularities :Due to the nature of these concerns, it was.felt that there,;waS ,a ..,need,to address them as part of this investigation,as most',pl,ayTed an important -role in the previous complaints. Eight written statements were provided to the investigators', ..::including those of employees outside the supervision of Ms. Sonia Cervera, Additionally, testimony was volunteered from concer,a•ed independent contractors regarding the administration of, Lie S.i,*ng1e Fam,i'ly Rehabilitation Loan Program.14, �} >Thd:s':aection wi 1 l address. these specif. c _concerns.. �,:: ' r' rJN 3 fN' iz 4 4 ` >r 1 4 }hi•1"�N �is�, � w[+ .r: .i . i) �3 ` '' ^ i,°7#t�t��4' �y AF .� .r✓t".h�'''ti �' r t i�lt i32t h r f m .c* i saY a• t Yi ri :;a a. ,t Aitf s rj,'�'`<: adt r°'•�CeSF'9+�i a �•-Fi1 h,*��; Sid✓�r} % Aav ®_'i� k.��„n a„�J n.•:�:ifl h'�. .f. i ,'d,'�?� �� f (. •;�, st �'y,; + �� �.� Ck �',f;.���,�..g; ,x..�;'°4 � a , ti th � 3 � t ? s_`�� xti•p' 3 �'c; PT. � ;?"�..:F.7r1'7{!.�i 5�e,Ila 1 I!'.'i'`hwt%q�:•�`.%�!b� �f. ,}� {'L��.t,�l�'i+" � _ f �{' �" 3 �f �, -' 4 r + 'nix i>-Ari+wu•mC _ G� T } L '.a'YhC •L� l.c jefifY 3.iTf s Y yc e k jg �i+?}�' �4t{�'^ iN!-,�#4{4K5.+r'�r'LCfnF✓e �K3 r 61r�rp�{`}i4 l The employees interviewed have overwhelmingly described an atMosphere in which certain employees are ranted privileges and -� 9 P 9 P, preferential treatment when others are not. This favoritism is adversely affecting the work environment and morale of the entire staff. As it relates to favoritism, it is shown in career advancement, access to the Director and Assistant Director Sonia Cervera, and flexihility in their time on City work hours. fi Ik It is the consensus of those interviewed that Raid& Cruz-Peraza 7 and Miriam Bertran have been the recipients of favoritism by Ms. " Sonia Cervera. Further, within the office they are referred to -� as the "Country Club." Again and again the typical work day of i these three individuals nas been described as follows: They arrive at 9:00 a.m. or thereafter, and proceed to spend an hour ; or more in Ms. Cervera's office chatting about non - job -related r, activities, occassionally followed by breakfast, long sessions of applying make-up and then a three (3) hour lunch. (Ms. Miriam Bertran does not go to lunch together as frequently as does Ms.- Raida Cruz-Peraza and Ms. Cervera, as confirmed by testimony) i Upon returning from lunch at approximately 3:00 p.m., work -, commences and assignments are then distributed to staff to` execute. This scheduling often results in a crisis management situation where assignments are expected to be completed on short } notice. An example of the above concerned the receipt of a notice from U.S. HUD concerning productivity, received in the office on 10/23/88 but not distributed to the concerned parties• K g� of the Single Family Section until 12/15/88. = "� Upon questioning of the involved three individuals, the above is r denied and their defense is that there are many meetings that runi° over into the lunch hour, and trips to the Law Department, and F other employees are unaware of where they are. No one knows where they are and assume they are at lunch. However, there are €Y F no sign -out sheets per se, when a City Car is not being used, to r 43 89 NOMMM q C� a E Y Pj� .�{%y}y,'( ¢¢ u f ; t is � •' ON 222 _ vN.A,'�4. 4q.�(.c .vnd�.:M4,'+k -_ta..:9 1 �i��ic��;�'�J •�� *Y'i� '�:N,� � �a4 ,v rh _ � :��.�"'� , _ "it.. •_. k,. _.s,R;. iir "s.4i.tlh _ ___ — _ ----------- — specify where these individuals are going. Mr. Gereaux, in his testimony, admits that these extended hours probably do occur at =` times, however he justifies the matter by indicating that other employees have also taken extended lunches in the past, to - Gereau x failed to recognize this activity as sufficient enough warrant any action on his part. - Specifically, the employees' concern is that this disparate treatment permitting extended lunch time and freedom of -Onovement denied. - " i sometnin to which they are without accountability, s g l� The management of the Agency has a policy regarding tardiness, 4.,- 1 x�time and taking of an hour for lunch. Almost without flex -time , +� c! exception, witnesses have testified this policy has not been uniformly applied. The Agency failed to recognize or acknowlege ,.� that there is a problem existing as described above and has failed to take any corrective action. It is the overwhelming 1-hjj opinion that this favoritism exibited by Ms. Cervera toward Ms. Bertran and Ms. Peraza is the main cause for the majority of ,M discontent within the office. Ms. Peraza, they exclusively have In the case of Ms. Cervera and. s — lunch together almost on a daily basis, occasionally joined by Ms: Bertran. Further, they acknowledge they. are close personal friend and do socialize outside the work environment. The right, is of individuals to do what tney want on their own time - recognized, however, Ms. Cervera should be mindful that thi'S . . association, in relation to the flexibilities given them as _ compared to others, add fuel to the perceptions of favoritism. "rr Ms'. Bertran, Ms. Peraza and Mr. Manny Soto, however, have ' testified that other members of the staff instead are jealous s because they live in a nice neighborhood, have nice clothes, k�#, drive nice cars, have a Rolex watch, etc. This is contrary to =- testimony. Management has further justified_ other staff members test y this "jealousy" by indicating the involved employees have been '► 44 hrtF �. rt7 �} r ,,f{ Yly7,YY7 t,6gqq��t} yak ' OVI:'A 'ktfY�I ti'`7 i,J':4das'�i... Oiil ��. c.1}��a.�°7'�':3i�vi'.tlz. ;:slo- _..�'1 �t .. ?',c•u .�.'wd�61l�R:.� {s'.�'- � tT - �.:�t� T9.x'S-�S*Tuili+�:r s-y'ib.:S:FY�t'V'�..+.-. iwleAds for a 1009 tine and some advanced while others. did '46t. Complaints of favoritism are discarded, instead reoortifig jealousies exist due to financial and personal successes of some,b This investigative body feels that this May, in fact, play s6lke role in these perceptions, however, it is apparent that tuth favoritism, per se, does in fact exist and has for some tiare, Recommendations �. 1. A time clock and/or sign in and out log be !Used 'and �. consistently enforced with regards to all personnel, with the exception of the Director and Assistant Directors. 2. The Agency's policies regarding tardiness, lunch hours and x_ flex -time be enforced uniformly. - 3. Communicate these policies regarding tardiness, lunch hou'r's, _ and flex -time in a written departmental workrules manual` and �- distribute to each staff member. 4. Any and all favoritism should .cease and efforts be made to ` repair any damage that might have occurred. 5. Employees should concentrate on individual performance for L" ' goal achievement instead of comparing themselves to others: * i 6.. All employees should be instructed to use available t: vehicles when attending to City business on City time, and s sign the appropriate car log. ;y}� d Pv 61 1 tit 4 it t r ✓ in Y i •� 45 f 4 R-Y S 2t' ,ya# x 1i 1 "awls, t• � � S.�I: �iFu4 . ct r•n �i ems, "� - 3't� ��,x,L 4 3Sk fv_ r.�sint sy.; . , Ll — 3- B DISPARATE TREATMENT IN UPWARD MOBILITY t The Housing Agency has executed an Affirmative Action Policy _ Statement which attests to a policy of non-discrimination. Consistently the department has met yearly hiring and promotion goals for minorities and women. Ms. Cervera's hiring and promotion record since 1984 includes three (3) new hires: two (2) Blacks and one (1) Anglo, Jacques Jean, Johnnie Barber and Diane n Kraska, respectively, and three (3) promotions: Sam Beaty (BM), Raida Cruz-Peraza (HF) and Jose Gancedo (HM). Nevertheless, employees describe promotional patterns which favor hand -Chosen individuals and the exlusion of others without regards to qualifications. A case in point is the unclassified appointment of Miriam Bertran •� (HF) to Administrative Aide II. Chapter 20, Referral of Applicants, Section B of the City of Miami Personnel Policy _ IC ni Manual states: "Unclassified appointments and promotions are not subject to the Civil Service Rules. Nevertheless, they are suoject to the provisions of the Consent Decree, City's �* Affirmative Action Plan, Federal Selection Guidelines, and the ,i City Manager's own inerit procedures. For these' reasons, - unclassified positions are normally filled by recruitment and evaluation of applicants by Personnel Management." -_ Mr. Jerry Gereaux states that everything was done properly and;in; accordance with Personnel Management. 0n the other L hand, the - employees describe the filling of this position as being hasty, secretive, and suspicious. There was no recruitment, no notification to employees prior to filling the position, and no ' - other candidate interviewed. The position was'requested. -the 1 hiring freeze was lifted, and the individual was on board, a'11 within eleven (11) days. = Ms. Bertran did not qualify for a classified Administrative Aide" i'Y-r1 Y r, _ I1 position for lack of educational requirements. It 'should be } 46 r r { lYid€ 4 e j s,ye�y-1 w.'yy'g yT _ - .x''i'.� i�,�e1 .��.�.ri 1'}r'i�i si Y J �''.�.�'r+•i�. `Tw3�,`��#' r l- v j noted that on 2I2s1'8�, Ms. Bertran applied i•or� t� also 1 a S tlsssified Housing Specialist position but was deemed ineli9ib�e— due to lack of educational and specific experience require+shts, cused of advancing on the basis discover While other employees have been ac ed. of falsified applications, this investigative body has disco t' at Ms. Bertran ad been testified that she h working in hert h previous employment until one (11 month prior to her appointmenhp P — However, the resume submitted for employment that she was unemployed since 1986. Mr. Eddy - had been unemployed six to eight months at the time of her , i w. Ms. Bertran falsified he intervr testimony to this e body relative to her previous work history. investigating im impromptu appointment as a promotional Employees viewed this P !` The employees are further opportunity to which they were denied.: frustrated by the department in regards to the Assistant Housend Rehabilitation Loan Officer register as another attempt to extend promot ional opportunities to Ms. Bertran at the exclusion of others. i. It has also. been alleged that Ms. Raids Cruz has been stR falsifying her application regarding her ;.p.ermitted to advance by educational background.14a `k On,10/21/77 she initially applied for the position of CETA Social r_ application in the section regarding S.erv,ice_ Aide. On her aPp t - educ.ation,, to the question "Circle _the highest year of school �. Another question Did you completed, she circled twelve (12). :p ,.graduate from High School or hold a State Equivalency Diploma? E> g , She marked "Yes." She was hired for this position for the period , ;of 11/10/77 to 10/1/78. , ' lication was used for the position of Administrative The same app d from 10/1/80. Aide ,I which she hel She was selected for this p osition from an eligible register qualifying ,her on the basis, ofs s . 8 experience . t., 47 sk 9..._ cy ru ♦ a5 Zf _ ' 't , 3 t�. 0}� . ,ram .. £•ry+ .. irrk 1,, — d, j)yyyaf rj �3 •ut hq� �� • t k e^i J ON On 1/29/80 she appplied for the position of Administrative Aid* II Questions regarding education were the same as above and .-: i were answered the same. Again Ms. Peraza was selected based upon her prior experience. s ( _{ On 4/15/81, a job announcement was issued for the position of r-, Assistant Housing Specialist. Ms. Peraza applied, however, this application could not be located from existing files at Personnel d Management. However, the requirments for this position were High School graduation and one (1) year experience with a city :of Miami housing development program. Ms. Cruz (Perazai was !; selected from an eligible register dated 5/11/81. Subsequently, on 10/7/86, a job announcement for the position of Housing Specialist was issued. The requirements for this position were: "Permanent Civil Service Status in the ` classification of Assistant Housing Specialist or Housing z Rehabilitation Loan Officer. Experience in Section 8 Housing Assistance Payments Program and Housing Vouchers Program _ referred." This position was restricted to City of Miami p Employees in the Housing Conservation and Development Agency..< -� Ms. Cruz-Peraza applied for the position of Housing Specialist on 10/16/86 and was deemed qualified based on her experience in her _ previous position. A total of six (6) individuals were deemed eligible: one (1) Assistant Housing Specialist and - fiv.e:.,(5) Rehabilitation Loan Officers, all within the Housing Agency. y- Zoo7(� Only three interviews were conducted and- Ms.. Peraza. was selected 111 .and ''holdssaid position to date..> ` s On her application. under Education, the question D.id ;..you - graduate from high school?" was answered "No." To the, question, "If you have a high school equivalency certificate, give the':.,yearr and place the certificate was granted," she reflected Ji "1975/Miami High." t 48 P' f XiN 6� TW .i { LA'S . • t .{ Vj j'p. 4 iTTA j f .h: 7.101 7 l I�', Im; ' S y *«ee'.c.se.�mwpn•nnne(F��.��.i{;1. }• { ..:., " a +k� < �r �t �f ' 4. - 1 j( ram+,-.�•/M• ♦ i L 4! ��'+ r�4L '�cr.�' �'�•-^h� a, �pf_ri'iiR rum-.e"#�' J+. +, ' i s R v s+ ^✓ t � t t_t tat been alleged that Ms. Peraza had never completed high iitrrW and therefore falsified her employment application by Indicating she had completed 12th grade. However, it was determined that on 8/19/77 she received her high school i equivalency diploma (GED). It was further determined that she , had her GED prior to completing her initial application with the } City on 10/21/77. Ms. Peraza did not falsify her applications } regarding her educational background as alleged. Instead, the nature of the questions were different and were answered appropriately.'` It should be noted that, on her application of 12/9/76, Ms., Wilma Wilcox reported she had completed 12th grade and marked "Yes" to a the question of "Did you graduate from high school or hold a state equivalency diploma?" Further, on her 11/20/87 application_ 'for Account Clerk, she reported she had graduated and the highest grade completed was the 12th. However, it has previously been stated that Ms. Wilcox had instead received a GED and did not r graduate from high school. Ms. Wilcox marked her applications in `the same manner as did Ms. Peraza. As a result, neither could be i :i accused of having falsified their applications due to the nature of the questions. This allegation should therefore be Laid to rest. z lihit n employees complain that some receive preferential :treatment _ rZ % regarding hires and promotions while others do not,, a itlear '1�? example would be- that of the Housing Specialist position: in �= Nove'rnber, 1986, for which Ms. Peraza was chosen. In. response*.;,to s rsA- a Recruitment Assessment Inventory Questionaire submit.ted-,to Personnel Management, the question was asked as to the knowledge, ski 1'1's or abilities that the interviewer looked for while's interviewing the applicants. The department's answer given,';was "experience with the administration of the Section 8 grant' for r t the 'Housing Program." In addition, for the Assistant Housing Specialist in 1981, high school graduation was a req,uiretoe 49, 40 ._ ... ,.�, �.r.. a.wn_..w�.c'h"`y�--++,+¢¢.. h ..J ''y� r� �1 4. �rKyy!^•� `���p m .a�� tt+�'y� t� `�i V'Y'iri...F.+o-r ,1»1'_ 71. r� ca<'=— S33kt }}K{95,,}ai1 t vf � Tf .fin" -�[5 sPi•}�� ! a f F'r'd 0'�t� M1, JJ liovreirr, for the higher position of Housing Specialist ing8,5 titre were no educational requirements and was limited to'dd1y. -two classifications within the Housing Agency. Another point to note is the fact that four (4) months later, on 2/11/87, another job announcement was issued for the position df >f Housing Specialist for which Ms. Bertran applied. At this time, the requirements were increased to reflect "Bachelor's degree with major coursework in Public Administration, Planning, or Urban Studies and two (2) years responsible experience in Housing development programs, real estate acquisition and disposition, # urban planning or housing development finance, or an equivalent combination of training and experience." Mr. Paul Eisenhart was r ultimately selected for this position. From the facts presented above and from available testimonies, there is no doubt that the position of Housing Specialist in 1986 was tailored solely for Ms. Raida Cruz-Peraza. In fact, when she = ( iy filled that position, the position from which she was promoted, ` Assistant Housing Specialist, was filled but transferred to the 4` ' Development Division. - The_ preceeding is another example where employees feel that .no matter the qualifications or experience of, an indiydu,a., dectisions to fill positions are done arbitrarily:on a,;subjective i basis instead of an objective one.IF- gym. + Recommendation It is prohibited by City policy t o.7 favor`- and therefore 14 �! F discriminate against other. individuals. Agm.inistt^ative , staff of the Housing Agency should cease practices :of any: y form of favoritism.so y G i iq a pp r 1 F �s ti t 9�g�}„rrrr,,r . •;}-.lam ° nJ ^ rrVIM }. `;� tJyt�OTT J�}i�' j p d... cyyy�'yr{�• e }t 7 !2 z 'x. ! •:C .i VI ^' • TA WI { t i$ �f`1�i�.St��ir�►Tt�� b� _�111Tpb4l - ' MS. Johnnie Barber alleges that while the was tirpekeeper, the wag t: instructed to change the time on two occasions in November 1gE$ for Miriam Bertran so that she could get paid for the holidays6 `A City policy states: "To be eligible for Holiday Pay, an empl0�ree i leave status on the must work a full shift or be in paid ..� scheduled work days which immediately precede and follow the a holiday. An employee who works at least seven (7) hours at described in this section shall be eligible for holiday pay." Barber was -� On the pay period ending November 19, 1988, Ms. p instructed by Ms. Sonia Cervera to switch the time of two and a half (2 1/2) hours taken without pay on Thursday, 11/10, the day preceeding the Veteran's Day holiday, to be reflected as taken on Wednesday 11/9. The department's divisional attendance reports I: —a dated 11/17/88 and signed for accuracy by Sonia Cervera,' confirmed this change. - tT On the pay period ending December 3, 1988, it was reported that the time of four (4) hours taken without pay on Monday, 11/28, the work day immediately following the Thanksgiving holiday, was changed to be reflected as taken on Tuesday, 11/29. Again•,,' the r `department's divisional attendance reports reflected the 'change. s Both computer payroll reports submitted to the. Department of Finance had the confirmation signature of Sonia Cerv`era instead of Jerry Gereaux.' x. Michael' Eddy, payroll clerk for the department, testified he did -- { _ n knowled a of the changes occurring on the pay period not have a y 9 ending November 19th, which included the Veteran's-0ay holiday. 'T On the other hand, for the pay period ending December 3rd, Mr. ra F _ Eddy testified that he had received from Ms. Barber the r' 3 Y51 a { qy 4 :A ST Y.,M 1 } ki ShY S - f �,� «..'.•'*wxrs'i.,, {Yrnr' t« ..�:e'.an-+, Y - ' i . t:'"�ct����' tN:4 — r r a _-- ,�yri'" 4��.IY1��A�k...n'� zsn •.s: .x{ ? r ow?: '�.` .ar.,,'s.r4tk„i-W�T+� 4r7ss i �" 9V ...,. _ __ _ 111 sE 101 Vvitional atteodantt report indicating Mse aertrAft's status *Without pay" for four (4) hours On M0046Y 11/28. .When delivering the payroll document to Finance, he realized that Ms, Sertran would not be paid the two-day Thanksgiving ho I I day because of the four (4) hours without pay Immediately following. Mr. Eddy immediately contacted Ms. Cervera thru Johnnie Barber and informed her of the situation. Ms. Cervera instructed Mr. Eddy to change the date of the time taken without pay to Tuesday, 11/29, permitting the payment of the holidays but maintaining the Without Pay Status. '3- Ms. Cervera, in her testimony, confirms that she authorized the change on the occasion of Thanksgiving, but denies any knowledge of the previous instance. Mr. Eddy testified he advised Mr. Gereaux of this change after it had taken place. During his interview, Mr. Gereaux expressed surprise and testified that this change in payroll was a "no, no." In Ms. Bertran's testimony, she stated that she did not take time off immediately before or after any of the two holidays. It has been determined that Ms. Bertran falsified her statement to this investigating body, as confirmed by various testimonies and documents as stated above. Further, Ms. Cervera and Mr. Eddy have violated Civil Service Rule 14.2 (p), Grounds for Dismissal, Suspension and Demotion, which states: "Has intentionally falsified a time record or failed to report absence from duty to supervisors; or if, aft eihp'loyment, it is found that an employee has made false statement in the application for employment or has aiven false on his/her preemployment medical examination;..." The above incident further represents disparate treatment" within the department. One month after this change of payroll for Ms. -14 ii Bertran, another incident arose involving Mario and Sylvia Diaz....... Prior to leaving for vacation, leave request forms- were mistakenly completed to reflect vacation time to be used.,throug" 01, py 52 An IVA, YTI-0 -A� it , abe : Thursday- of a week, instead of the entire week encomoitsing ' the Friday. Upon. return from their vacation, they dittovdited teat they had been docked eight (81 hours of time "without pay" for that Friday, thereby causing the loss of the paid Christmat holiday. In the case of Sylvia Diaz, she was aware that she did not have any time left to be covered in pay status for t'he ' holiday. Mario Diaz did have both vacation and sick leave ' balances on the records. However, he was recorded as being on "leave without pay" and was paid for only seventy-two (72) hours of that pay period. Eventually he was assured that the time w would be restored and no time loss, however, this did not occur until he challenged the management regarding the docking of pay. This is another example of a situation where the payroll of Ms. Bertran was intentionally altered so she would not lose the holiday pay, while a mistake by Mario Diaz, who had the time OA record, was not granted that same opportunity until he challenged the management. This investigating body further questions whether this would have been granted at this time had it not been -, t for this investigation. T�{ z Reconsendations -° -ir The determination that payroll records have, bean falsified b�+ Ms.Cervera: and, Mr. Eddy be.. presented to. the City,. Manager; for proper disciplinary action. al- The: determination that Ms. Miriam Bertr.an provided a`a�lse £� .testimony regarding her, work hours surrounding the holidays t 3 be, presented .to the City. Manager for' --proper; discip'•Tinary E� action. r 3:. ", Ms._ Miriam Bertran be docked, for the three noli;days.ahmt �rke a A� t= . paid . i n ; November, 1988. „tt= G t t c v } t" y yyk z 71 1 it 1 xT{SrQ k 11 XSi f r ir" y. • . i ffG }��s�r�_zd` "'�.i°s.i-x�r�. n�' .'.br l w.. �t�;,t ,h, w�•. r, a E+.�S43: tr.'S .r.�r=�1.'y- •� :*c,-,_ ®— ''ir+�{nl,+rLYlw^aio"yr'.iv^Y •" w`t!1'rh'".u.ny�.y,�e�� , - i -MNNAUNENt STYLE pes have generally testified, verba the majority of the e�npiny 9 lly - and in writing, that the working conditions and atmosphere of the Ageflcy is one of hostility, Intimidation, threatening, fear',' humiliating and a living hell. Specifically with regards to Ms. Sonia Cervera, the atmosphere is k ' described as, "a reign of terror," "friend or foe," "monster out of control," in her hand a.nd "God on Earth," she has the whip she says you do that because you are the slave and I am the "Arrogant," "Revengeful," "Explosive," "Fearless," master," `l "Aggressive," "like a Gestapo," etc. t �j A very small minority of individuals have positively described Ms. Cervera as "professional," "fair," "sweet person," "smart, "knows her stuff," etc. Specific incidents were offered as examples of conduct to which r employees are subjected. * Joan Schultz, Meky. Manresa and Sylvia Diaz were subjected =to rearranging a 1,000 file system 'three (3) times. Each time . _ was under Ms. Cervera's instruction. *' Complaints were filed on December 13, 1988. Subsequently, on December 15th, the same day that the payroll function was M=; removed from Johnnie Barber, the Single Family=' staff was;i z, called to a meeting to solicit productivity ideas in response P. to correspondence from U.S'. HUD received October .27;'19881 r 8" _ `'Employees report feeling fearful, intimidated. and : threatened by the manner in which Ms. Cervera conducted the meeting; .},_ "She' threatened our jobs." ' t <' * On December 22, 1988, a verbal altercation :occurred between Ju7� Ms. Cervera and Ms. Sylvia Diaz with `regards to As � F .n 34""" w, AS 5 .� 1�(1 , �y,,�.:y1y:7' �• �/`' V.`�}y� +� J;.F� tY'16.{'A6j,':�"°.'vim, NWn a NI ( t / F 4,4a f .,a1 't _.. i a.•.`s _h.,'. MC.iYt,.'F C"iitle'V'1`i rc...1e'l_`>.�wil Y it ind soute At ? tSlgninei�t to the Bobby Maduro Stadium. to who screamed at whom, but Ms. Dial refused to en'te�r�` re nested following the altercation MS;a Cervera s office as q Dial claims being fearful of the situation. Ms. Cervet�a �► ? issued a memorandum of reprimand to Ms. Dian. Ms. l S � ho also instructed Ms. Meky Manresa, Ms. piaz supervisor w ' had not witnessed the incident, to write a memorandum to Ms. Diaz. Two versions of the memorandum prepared by Ms, Manresa a. Following this, were unacceptable to Ms. CerverMS. Cervera Kraska, supervisor of then instructed Ms. Diane Ms• Manresa, to issue a memorandum of reprimand to Ms. Manrpia.s l Ms. Kraska had not witnessed neither incident. Ms. Cervera defends her actions, but Mr. Eddy called it "unnecessary and uncalled for." Subsequently, Charlie Cox, APSME President, met with Housing management to. discuss 'the memorandum of reprimand issued to Ms. Diaz. The outcome of meeting resulted in the retraction of the memo from Ms. this g Oiaz's file. * Ms. Cervera visited Ms. Elizabeth On or about December 28, Perez at home and warned her to be careful when, speaking,.to ,. Johnnie Barber or Wilma Wilcox. She also asked:if Ms. Per was on the Typist Clerk .III 'register as she had "plans" for Johnnie.. M. Cervera also stated that she was disappointed t Perez, felt from that, Johnnie was "doing. this to her. Msad be. replacing - 1 ;th'is conversation that Ms. Cervera won j y Johnnie. f :>Sased upon ation it i;s clear that the the testimonies and document truly be that Ms. Cervera has created a;.hostile ;employees y concurs. In:' i working environment. This investigative body T J _ addition to the above actions by Ms. Cervera, other.* ind;ividuats T have made tails and statements which were interpreted ay the; f employees as intimidati ngcl: l J *+ r i _ aY .. ;; �Ai' w .. _:. fu _nw;-..d.A'.s+�+c��yY+ x�'cyy ,•r { � * _ 4 1 Y �"w.l xr` s h^,�, IF 1 a F j% ' 1 t el �P Li t� >�r.Aa✓- .F lK pa'.' �'7'Y+• N �� h.Mw 4Kn+.'e. # " i f' � n l F �'l��k-�� l rn r f� t����'..... 5'+�. r� '4'.'451� p ���,✓ ,Lx�$.x • .ter- k ;»e..t"i ' �»�sa'C-' - �_ :, k t ..E..�.'r"�:55��'�', z. '1 0b the day before the first City Commission meeting ih y,.. .Jahuary, when the Housing issue was to by discussed, Mr. Slats Beaty, at home on leave of absence due to illness, vat telephoned by Ms. Cervera's husband. Mr. Beaty found this highly unusual as they were not acquainted on a 3, g y personal level and had never phoned him at home previously. Mr. Cervera informed Mr. Beaty that there was an investigation of the Housing Agency which specifically involved his wife. i * Mr. Sergio Bonich, a former employee, was present at the January City Commission meeting for the discussion of the , Housing Agency. Mr. Bonich reports that he received a telephone call the following day, at work, from Mr. Manny a Soto, currently a Loan Officer in the Conservation Division. Mr. Soto warned Mr. Bonich that he should be careful and that i Ms. Cervera had connections in his current job and possibly could get him fired. Mr. Soto initially denies ever making the call, but after cross-examination, he admitted he made the call but denies the specifics of the conversation. Further, on January 27, 1988, two members of this + - r } investigating body made a site visit to the Housing Agency { strictly to determine location of offices and workstations' ., within the Agency. It was learned that the Director,. Jerry - Gereaux, had contacted Assistant City Manager', Angela: Bell.amy, and threatened to "throw them out." The City of Miami- is obligated to maintain a work environment•ay free of -discrimination, harassment, coercion and intimidation'fri'r any form. It does not appear that these standards are being adhered to in the. Housing Agency. However, as it pertains to Mr. Gereaux, he has been described as a hands -off manager, delegator, setting the agenda, iafa`. back,' "non involved," and "a nice guy." He js further mphasiFzed that his employees are a "family." Mr. Gereauxr� 7£ +; 56 4r' t�t'rJ�l +•'= i 'l�k}1.4 1 iv..t3 'i ii 6i r xX V" air C. +'�", F{ "3°r•. • + t r w� s l 16'-'�,'� 't..,it',.bK �itltf��:�� r a � ��h •, n+yF•p +� those are , teat ie that We only �naoages four C 1 people; , = _ iiianeei Eddy, Jaime bavalos, Jeff 460burn and Sonia Cervera• Ne ttated that he allows those individuals to manage their okn s'taf and only becomes involved in policy setting and decisions x,, ► s regarding housing issues. r Chiefly the compliant regarding Mr. Gereaux is that he does not �= ,r make an effort to resolve problems brought to his attention)` ... It is nearly a thereby allowing the problems to within `the Agency and other' L unanimous impression from employees outside individuals that Ms. Cervera "runs the show." ' t { Communication with the entire staff is almost non-existent as` demonstrated by the lack of a general staff meeting occurring for over a year and a half. However, it is now being donsidered' since the initiation of the investigation. kecowsendations § . .t F; 1.' Employee behavior which violates these standards should not be tolerated and be subject to disciplinary action.' , .2._`occasional staff meetings would be a good management tool and . aid communication with employees, dispel rumors, and 3 �s s ` suspicions. 3, Replace "'family" concept with a+ team approach. , tj ,z sw Gereaux should develop a more visible and resultsf oriented management style. 5, The resolution of employee p roblems and morale shout 1 € W f Viewed as a priority. _ z,.; kip ,., 1 DVI. p.xF k. h� 57� r pe — r~ is 4 z 'ks. a s J t f y 4yys �t _t�:¢� 4 rp - Y A' e I :t' � � :. Yr'3 �!'*� `,�i�S'i ��.t- Y � - �j�i ��-�f[# � ♦g x 5r a� v.t•vthpPp —7 *� 71M�: tr� •i�w�F.�tN� i a.�u t Vyt,-pr+ M1 isr+r<.a!wN,e.'a+an FI .' P, _ir..�,..t 5•,,,. :' S. ., �_��.ea�l..�.es+aY�ur�..<u._.Y.:.._ ._ i r t r Mir t-'s" 3 jot F s u,.-tot Housing Conservation and Rehabilitation 0tvlsi�.i� � responsible for the development and implementation of progfdei+t { �. geared to the preservation and renovation of the City's existifio housing inventory. There is a Multi -family Hollsing Rehabilitation Loan Program which rehabilitates rental housing,ih Community Development target areas. The 'Single-family Program, provides low income homeowners living in substandard,housing with i home improvement financing through the Community Development . Block Grant (CDBG) loan and grant program. This Division also operates the Section 8 Moderate Rehabilitation Program which —' provides fifteen (15) year rent guaranties on behalf, of low income tenants to enable owners to secure private rehabilitation financing. The $11,280,084 budget is derived primarily frog' CDBG, . the HUD Rental Rehabilitation and Section, 8 ..grants and CDBG` = .5 loan repayments. Ar.ganizationally, ,this Division is headed by Sonia, Cervera (HF),, _ -" Assistant Director. Ms. Cervera's,secretary is'Johnnie Barber ' (BF_), Typist Clerk III. The supervisor of the Multi -family and t;Sing,le-family. Sections is Diane Kraska (AF) and her secretary, is F zabeth Perez (AF), Typist. Clerk. II. The,. Single fami.l,y: Program yji,ncludes .Sr. _Loan Offi_cer,. Meky Manresa (HF); Loan Officer, Joan` t Schultz (AF); . and Assistant ..Loan Officer, Sylvia D;i.az There. is a Sr. Estimator, Jose Gancedo (HM) and two Estimators; ay Eddie. Keuhl (HM) .and -Robert Chapman. (AM) . p. _i Multi -family Program consists of a. Sr. Loan.. Offtcer,,,.Ja.Cques t *t;J,ean (BM);, , and, two. Loan Officers,, both Hispanic,:. Manny Soto and y itL K' ;.Mario Diaz. The Sr, Estimator . i s, . Sam Beaty I-R1411. There are two" ' yvacant; Estimator positions .currently in recruitment. ?Xk y' rF txiyik, - ' :,The,Section 8 Program .includes Raida Cruz-Peraza.(HF)Housing � Specialist :and M.ir.iam Bertran (HE),,, Admin_istrat,ive Ai^ce t (oil,; 1 loan) 3 �Mom"" � , • � °- } s 2 xq4 il'Ia1.RwN� ' t k there are written state(Aents or interviews with all staff members of the Housing Conservation division with the exception o1 Use gancetlo. Mr. Gancedo was unavailable for scheduled interviews: Allegations of disparate treatment, on the basis of race, ih regards to loan terms were presented to the City Commission on January 12, 1989 in testimony given by Ms. Lori Weldon On Item .� 95. Additional allegat ions were made via interviews conducted , during the investigation. r-,- The allegations made are:- . * Miami Limited (Aristides Martinez) received approximately a z, $5 million dollar loan for acquisition of a property and the A� bank loan was used for rehabilitation. Past practice ha,s -- been that Multi -family rehabilitation loans were used"s0lel,y 4 44 for rehabilitation. * Unknown staff members of the Housing Conservation Agency are OT pely profiting from the loan and grant activities: 1- �* Art Martinez is given preference for participatio"n in the s Section 8 Moderate Rehabilitation Program over. other applicants. They are currently rehabilitating 345 units (145 in Liberty City and 200 in Little Havana) . �. � sr * Some individuals are receiving'preferential 'treatment with}, better loan terms than others. Cases cited were. (1) Ms. Cedel Beicarris, estimated income of`` $13,000; loan terms at -► k" r z nine (9%) percent interest"Single "Single male given location 4, housing four bedrooms, two bath, family room,' charged zero ; i d with �r f o;u r (0%) percent interest. Black female appl a —� children, placed into a two bedroom, one bath, and charged nine (9%) percent interest (Testimony of Lori``'Weldon, }; : ' January 12, 1989, City Commission Meeting, Item #95). FF i v r 59 41 44. *01 F" �±d .+q ,r^cM r+.*zr 9.-'-n+ri! "!K -.-0.w• a ,,..� y � k ��'� �r y� ., +.r : _ -'the Single-family Program has been negletted in. fAV61' 'of tiwe Multi -family and Section 8 Programs. The number of single.family units rehabilitated has declined significantly i over the past two years. Staffing levels and funding has e4 ihifted to other programs. + * Art Martinet received a favorable loan with no paybaet to the City until after fifteen (15) years. A 'Y to date these allegations are unproven and no documentation has r been presented to this investigative body to substantiate these claims. .. r' Staff and others familiar with the program have asserted that there are various loan and grant programs and also combinations =, of loans and grants with each having various loan terms and { qualification guidelines and requirements. There are many loans given with no interest. where you reside and the amount .of household income are factors involved in determining loan terms. To 'respond appropriately to these allegations requires an a assessment of the individual program under which the loan terms were granted. Further, it is possible that HUD in Jacksonvi'1:1e waived the requirements and permitted a loan for acquisition rather than rehabilitation. Aristides Martinez is a known client } h and 'the 'guidelines give preference to 'those with experience in rehabil itati-on. - Recomiendition' To assess the` validity of these accusations, it is recommended that an independent certified audit be conducted of'.the� Single and Multi -family Programs as well as the Section H. Moderate -Rehabilitation Program 1986 1989 ,. itt rYiy% i t JiY k i i ^ 60� , { L �+ Jr :` •.r.•. '"'ate �y 4 � lf'� w5 ��3 Y �F$ ,air . n, y. r-J», :;t( _ay.r•✓<r..+w. '.'•'f " , y 5 .,.cyq -s e. _ } t4 ON 17112510TIVA YTI D A A? �li•.jr,"�.tlt,7:i:T+* rw 4 4l•+YYI�iy�y�AwG���'�.�}y� � �;...1 p � � t k. tLs� § .� t. f }3 -�'jS r �.�ms9'_ �r�r e+.. w..lrw.,. .,>.y ... t z.• '4 ...r fk-� �'+^� � - N 3 � r 4r is a ; ; 1 ��b�i�(rM�ENT Gt�Ntk.i�Ctoa� on January 24, 19899 voluntarily appeared three (3) partioipattng contractors in the Single-family Program administered by the Housing Conservation and Development Agency. The discussion which follows is a summation of their unsolicited testimony. The Contractorsinitial statement was that the Housing Agency does not expend its full allocation each year for rehabilitation. f Money is available to rehabilitate buildings in Overtown and Liberty City. However, the Program is not being operated -� efficiently, nor cost effectively. They cited the decline in the number of Single-family homes being renovated as compared to the They also amount spent for staff salaries, as an example. ,- k, believe that the reduction in staff contributed to this problem. s Specific problems with the administration of the program was y discussed as follows: 1. Too much time is spent in closing approved loans and grants, n at times up to one (1) year. Cost estimates of work were, no longer valid six months to one year when closings occur. Ex: �- TheMamie Brown case took six months. A grant given to Richard Fors Look three (3) months to close. 2. :There are no performance standards for the Sing eSily. i � staff, thus no incentive to improve performance. • As - 3. The bid process is open and unfair, encouraging collusion .--i between contractors and homeowners. The lowest bid is not 3 -.; required to be chosen. Three (3) proposals are required ' instead of one. The homeowner picks the contractor,. regardless of the cost of the bid. In contrast,.Dade County :f uses a closed sealed bid process. i h ter; ` 61.' •_� � � fit;; .�r,w�y rgtt� f -- - s-' . t 1 k r, f + Homeowners are provided with a list of 34 contractors when only five or six actually work with the City. ++ S. For three or four years the City has placed a cap on a rehabilitation projects at $30,000, when contractors costs for insurance, fees etc. has increased. You cannot do the - i! ;t same amount of work in 1989 as three years ago for $30,000. 5. The City of Miami does not know market prices nor are there written cost guidelines. They refer rehabilitation jobs to contractors which they should know exceed $30,000. This is a waste of contractors time to send skilled laborers to the `. site to provide estimates. Lists of homeowners are provided F" but only three or four could be done for $30,000. All others v exceed the cap. I i t 7. City policy requires all mandatory code violations must be ; corrected which have been identified by the estimator. The all or none policy excludes many homeowners who desperately need repairs. Grants of $10,000 may not cover all violations in need of repair. Thus, low income homeowners receive -� nothing. Dade County provides emergency grants of $7,500 which can be used until expended regardless of the total cost of deficiencies. S,* °. The City takes from two (2) weeks to 90 days. to- pay contractors compared to three (3) days in Dade County. -� 9._ Multi -family program procedures were secret, and nothing is s written to explain the process and participation 5 requirements. Contractors have not been able to find out how to get involved. 10. The number of contractors willing to work with the City has s declined because of the problems noted. } 62 s3 r ttyy 9 a COO a R. made ' by tie j with recoma►endations x- F'=htewven was tbnC'��,ded of Miaali tnpf. OVA - ti'e v�0uld like to see the G ty trielr 5: Ihey are sOA�e o cohtriectors. the following } rocedures. Sadlor change P T re�o+mndations• roCedures. ' fair bid p �. Use rites. hould reflect market p ranabi?liiatio j prices s nize that hould recognize ft"b g 3• Housing Agency s �. involves the safety and we which dif er ¢ S remodeling to emphasi1p beauty• so that low,incoa►e none policy ^ Eli the all or of grants. ' homeowners can take advantage ds for staff to increase erf ormance stand h J ��stabl i s P productivity. ursue research and .' ; 6. Loan officers should a99 ressively P data. Less time should be verification of employment for. information to come < �4 `- n at desks waiting gr spent Sit 9 Go ou t and get it. i'n . , ation. i, s Of f ice of Industrial j `eco�mend of Mi am c —t 5<recomended that 'the pity or aniiat#oval ,efficiency an Tt i study of the 9 ` conduct a and Rehabil-station Engineer i ng Housing Conservation zY, product ivity of the her meet with contractors to lion, The Department should further pivi -and implementation of recammendation laints a discuss 'heir F y �4 P ` S•ty'_" L' 9 _ 3 { } i; .' ✓ � � a iT{� f tk CF7'-1 i� �� ?y tip ��" � �1 .Y icy} y 01 � r �;i ( 'C+ .7` f ."` 'S r,i •c # {v �' 4e• t" ,{ L ti� ` { „ha'{`p"`�,+'�''�i"4� S f { S x t,y 9ji .�.�, �AI'wn 'R ..,'s.:prn,.,r• "feta' /f^ L {t i dp'�,_ '. T?'"'f l� a�.s d ,t��'Yj},y".r%3 ?,�p'�i �+�+,v F [.�♦y.�t +�'i�� f�L ,'vi'a7k S7� t +.i .+"i VI .0 1,171 i ll�r�y4~,y `T ^F _ S � T{ � CW . FINDINCS AND CONCLUSIONS u ofttm bn :esaMination of all data obtained and the testimoniet of witnostes, it is apparent that a problem does, in fact, exist ' within the Housing Conservation and Development Agency. The , atmosphere within the work environment is not a good one at all. Although complaints regarding the management style of Sonia �r Cervera have accelerated since she became Assistant Director in June of 1986, they soared to an unhealthy level within the past S several months, particularly since the complaint was made on — December 13, 1988. Mr. Jerry Gereaux, while not justifying her actions per se, stated that perhaps her mistake was one of "overreaction." However, it appears that nothing was done on his part to stem this "overreaction" within the office. Further, the high paranoia level of Ms. Cervera once the complaints were filed have been confirmed by numerous testimonies and incidents. Ms. Wilma Wilcox and Ms. Johnnie Barber reached the point that they were fed up and no longer could accept the actions taken by Ms. Cervera. At this time, numerous other employees, present and past, joined in and also complained about the negative working `conditions, favoritism, and the like. One even described it as a "black cloud" hanging over them. Why now? Perhaps it can be said that while the two complainants are Typist Clerks and could r� eventually transfer to other positions within the City, most others are in a specialized field where their job classification is'only applicable to the Housing Agency. As a result, employees had been afraid to do anything about it in the past :for �fear;.of -,; y g reprisals, namely, the loss of their jobs. Based upon some �of r i the previously discussed actions taken by Ms. Cervera, it appears there would be'some basis for that fear. .- Ms.Cervera and only a handful of other individuals refuse "to ;i even acknowledge that the problems created in the office are directly attributable to them. Specifically, Ms. 8ertran .has - testified that everyone else other than she, Ms. Peraz'a and, Ms. 64 d� • b, I f ... ly +. L :.I V51 d l y�#r �qy yt; , � r.. " - e f 3 — s5+ f 11 c TTThhh } - yyyy _ 5 Cervera are "in a Clan. they brainwash each other." this statement not only reflects denial of the double standards -� utilized, but also shows a "them vs. us" mentality. Although 3o.Ile minor actions in the past have been taken by Mr. Gereaux to M correct a perceived problem, they have continued to the point f r where it was necessary to file a complaint outside of the normal Chain of command in order to get results. j Management's defense is that the majority of employees have been -w working together for a number of years and have been friends on and off the job. Mr. Gereaux had always emphasized that they , were a "family." As time passed, personal problems emerged between employees that were then being brought to work. Instead ;. of being a close "family," conflicts arose and friendships were ; lost. Jealousies due to the success of some arose and this 1 increased the hostilities to the point where individuals "jumped on the bandwagon" to join in on the complaints of Wilcox and • Barber. Due to this loss of friendship over the years between certain employees, so-called "bad apples" complained purely due to personal reasons. f• The aspect of lost friendships and jealousies may have indeed played,a role in some of the allegations made. However, from an analysis of all data gathered from the twenty-nine (29) persons •interviewed and the eight (8) statements obtained, it _is overwhe:lmingly clear that whatever problems. exist areas result sof management's lack of concern about their employees ';wellbe ng, and no attempt to correct them. Further, it has been determined that instead of always • choosing S the "most qualified" person for a job, Ms. Cerv,era has, used ,these positions to reward employees based on subjective reasoning..'' ` This style of promotions and selections not only have caused the ;�� t• complaints to surface by Ms. Wilcox and Ms. Barber, but several, Y } i.. other employees interviewed are also upset as they too .were_ over -looked -for promotions by someone they perceive as being less_ :k y 4 dit89 y tF i • - a• +t s S JI +� er .. ... ,.. r ,.., csmrre �5::�tit•it'.`f �,.' A 00ifled thafl theMstlV09. Ms. Cervera has continuAd to , ;eFpetuate her habit of pacifying individuals by promising the hitt available position, as Eddie Keuhl, Elizabeth Perez -and Jac4ues Jean have testified that they too at one time were promised possible future positions.' ' Additionally, employees interviewed have testified that they are trying the best they can in order to serve the public. However' they complain they are not given the resources in terms of stiff .`. and equipment to effectively do their jobs. A complaint among i contractors is that money is there to rehabilitate. low and ' moderate income housing, but the money does not reach its target w, in an effective manner. Further, there is no on -going training and development process for employees to sharpen their knowledge and skills, particularly in a highly technical field such as Estimator. Employees are not encouraged to do so on City time, and are, in fact, outrightly discouraged on one's own time. As reported by Mr. Eddie Kuehl, his request for four (4) hours leave of absence to attend a workshop in Orlando regarding Housing �' Inspections, involving no City funds, was denied. As .this r' h h example sows, there is no incentive from management for... employees to do their jobs in a manner that is more cost �f effective. !J3 T11Staff personnel and management have all agreed that changes need to be made. Employees overwhelmingly state the need by Ms T, Cervera to treat all employees fairly and equitably, without a exception, and to eliminate her practice of favoritism. They 2. readily agree the work environment is unbearable and something irY needs to be done now. It is the majority of those interviewed . that management needs to be changed as the current management hasi not taken any action on these festering problems over the years. They also emphasize the need for better and more communication �4 within all levels of positions throughout the Agency. 66, k .. ,:� xar9l++rw+li 4 +� ,.��!! 1G. }.. -tR• 75�' 7 T� ()' € ,.jj �y rye k R°tit{r + r T#'�}?a`� E 9F ixq 'rs S; V.rr.k"„rM -k:roi "wrwt•.e r:qa-,.-X -'� r � ."Y Z�1k"��C. }....<•_ _ n. . .mow . y, :_ r<r . ,.1, :. t. , :. ,'<,�.�i�b,�;i,._5'' Z.�_ .rt �.F, rpm d � S` denier around suggested recoomendations for change � ��<#�di1�►����en'�� t soggy � for ion of a time clock and/or sion`in log I •ivistallat is now being considered, ' ..piyees� A genera staff meeting Additionally, the ' one for one and half years. a> after not having -:: Action policy Statement has s Affrecently been Agency'irmative paced the bulletin board, although it was signed on 10/ag• G�' • (; ` he nature of incidents involving favoritism over a period il�e to t the doings , been watching employees have increasingly s of time, move taken by certain of others along with every } f... and goings however legitimate, individuals. Each absence from the office, t ?' suspicion it is clear that this behavior should a i s viewed with P-, irected tease and attention be dto the job at hand. t overall, a avant that the management of the department, rl It is pp steps to resolve .any significant or appropriate :nes not taken any after the complaints were past few years. Only ; problems in the p in , filed and this investigation was initiated did the Agency beg but not all, of the aforementioned �z< taking steps to address some, opinion that ^� bodies' y problems. It is this investigating t ` be taken to restore the confidence,. of significant steps need to Agency in staff of the Housing Conservation and Development A9 s Yy ' the �- 't management, and this change needs to occur now. �k } _ A. i:�. i s-x� 1 .rt-• t r.: F v5't r$,=t 3 is'. '•� f `�s i .iry "fY r St * 1 T � ,! 7� � •fi iSt"' sC' .1 E� :1 15 r' 0�i,�. • : -� Y d •'. xf B; lit ?f '�.' 1a �:�, y i'. : z s, y' +. ''' e 5y: -i ,y.1 r � ! -: -! �.. '-• i t a y jt s i, : 9 ulit r�c✓� � 41;" 0't RV ii.. iy. s C{t A'V t r �{tx�';{ a�''i. s .� 1�:����i"x'� ��,��•� v�`"!�'` r a ..ii ti f r` mom r �1S ySRY a . Y hr dq,v,'saw+�••art wa.t+Y..r,+r- ixdx§,-r —a . • � Y � � 2 ��� it Ili a • City MAnagOr should make the appropriate CW94% lot naleMe"t at he deems necessary.The dopartme 2. nt should utilize across the board an objectivt,,, evaluative instrument when rating employee's behaviOro AOtiIto, 2, both areas in which Improvement is needed and areas in wh I, b employees excel. 3 Implement all previously stated recommendations. 4. Engage an outside consultant for team -building and to Improve lll' working relationships damaged as a result Of this investigation. V 5� K, i Z V . . . . . . . . . . . . . n AL 7 ..... . . . . . . . 21, .4 :,�f i Y..4 f •F� S 8' �',^'�yC "yS`�51 '1 ii S,00 btr � r ,ti t -MMi'1��".�l+ hr+?.a 1.L.yrof y� i 3 rw,�p',j� i n - :� °_�`� � sF, war r t€x,+ 'r+� 4 3-;r•4r` k 7 A •+ t ' y� � a ; � p1` � +:r J t Jk T.. �T., A M E N T S. ry,5 v!iir&� h r °�W;��k i-� ��' ilk, �t+ �' `�i� sW >'ii.� r � a Le s•zntl ,,++ t :: � -�r�7wj�5��.�C,,�r riRtir s����.�ibk•T1 �e �r ,� c a , .rev e . ,E �& . r�+.`vli �x3' �'r� t ;`t"s-t ra t`tR•k a. �tM '` t"yy�'x' = �1 -h �r r' t1r# oA '�00 v7"{elt x3'4 GK 4 � .{ � f"r7 trtt, r� e .?� k ♦Y ,� } k a r w ti rl 1W,.+t ,, r, ... f # ( Y ✓ � t '� s��R i''� it r i a ) x- Sr 4v �r � L).a. r Y c J 1. � dt e •' z.(-a' yy.,. f,;�f j t �" ax � i t a. � : S J Y .,� sf '.' �, '>, i � C P r�`" )y 'Yr f ) f � c� J L �.r- • � ,�= jro y P a f _ 5'v s- `r +r �' t _ �r a 7 Y B t.&i x ^ r S s' t' F r• J- 5 Y )`_ ill 4" f r;yN r } t Y 'a✓ ' x'y` M y- 4- m. �s � t�a'f3 r � � can ;� k� �.� x� s .f.�1�. � h, �y +.�:.,�� 4 +' ( s r s to i�i•i' "x"! �e'�£�t �� ft+"§-..r ,� � r t��'4�^>/ �+b'�', S t l ': 1 f t J d R•, F r-r .r J', it �}�ti Y'ti { #4' �}%3���-• � k t �" �� �Yrr.. �'...1 t ,t �Cd , rtY, � t STOW �31 ,. .hYS> !x"l+l.[Y3. 3 ..ie�•N.-.�wlw'+Sermrh`1`�- . t Ear ,t i - ` -y 3 � , 3 , 4[ toy Jam 1 i JALiVZBTMVL BI Alai POBn17 m smamt mrp■ctded Sycpetyded Adapted 1�85-86 1986__•__-87 19_ 8,�.-8� lsl 7•�A$ .� 1, . � � '�" 8srvi,aee $ 1,084.182 $ %3.45 6,368*5% 10,870,112 10.8?1.994 10,2 1�4�13 G lt { 48,333 26,096 24,908 Total PosWA 20 19 19 it RCN ^; Ift Hassitg Oonservation and Rdtabllitetion Division is reeponsibls far the tleare�b�ee� , aid JAq16MM[*ZkiM Of pougrans ysarsd to the p�eesrvati,on and renawvatiAm of tba, dtay'is- '•° dt,u q horsing stock. This division is aileio &e &O.Sm4bys for US preperatiron a to sec v federal housing rehabilitation grants era program * %b increeee the inventory► of standard rental 1wusitg affordable to loan in=M twmti by 400 dpellitg units by P�9 viers with bes,oar me�rlae�t robe financing ' tixst tine Cm Multifamily dousing litatim Lour ftogcaa and the Reatsl+ , Rehe�bilitation Grant Program• * T6 increase the of standard rental housing by 300 &m3liag unite by providing 15 year rent guaranties on behalf of I= ink m tenants through 11ys. 8eetian { 8 Moderate Rehabilitation Program to enable otaners to severe private rah�ilitsti,on ^ c *T P=d&20 JM ityoamie iyomeoavners living is substandard housing outs. Ccmity Ar tbroughTarget eas with hone financing mn loan and grant Program• fib' leverage $3,000,000 of private capital for the reiabilitaction of rental haueittg iA '. pamnmity Druml�apnent Target Areas through the Multifamily Haysing Rehabilitation r raw Program. 1 * 41b leverage $1,00,000 of private capital by mtttclAng tixydn with U.S. fIID's is�ital '1y Re�hab+?itation Grant Program in financing the renovatim of rental housing is >a !! Omtmity dmosi%ment Target Areas• im secure ftndittg under U.S. He's Rental Reiy+ebilitation Grant Program for the C:ity's ' Pvee allocation. of $918,000 and for additional bans fumding• � fID(�II.ICZIIS ► 1 4 + * Revecsye to support this division canes primarily from t�BC', the HJ19 Rental and =G loan rya " nts Relyabilitatian and Section 8 grants, t, * "do request is $568,806 or s% less than the amended butlget due a reduction of CM r loans. Repayment of theme loans will provide a stream of iaoonys for additional MEN e ]Aecss. sa .der �S :• 5 �1� P 2 '3 WNW .� 5580,381 } z 68 $ 197,268 $ 438AU 0 463,780 477*463 k 318,066 991503 82'em 90,188' 1,009,666 6.428,393 10.673 130730 R. 1 11 12 12 12 a{ .1 nr The DeMelopmant Division is charged with the responsibility of p]anciir�g, dvmdgm ant and, l isQlenentatia� of new housing progr and ac.�tivities designed to pt'a►� housing oQorbunities affordable to low and meie�rate inwma.families in the City of Mimi. * TO develop ta�iOnty-five (25) new single ftmily humus to be sold to qualified loM end nederate inmve p zdasers during FY 1988-89, in =Uwtian with the Chyle Scattered Site;Affordable iianeo hip t Program. * Tb inplenent the developtient of a Housing pment Grant Program (HOD C) a�asistedt I rental project during fiscal. year 1988-89, consisting of one 2�ndred five (125) units whieh will provide housing opportunitiAII far five hundred (500) Low ' and moderatei inns elderly individuals. _ * To re&= the ember: of vacant and blighW properties in the City-s a�m�nity f m1cpnant. target areas.. through the, a=,' I tiaa of twenty --five (25) home sites ' suitablia for the developnant of hou sing underlths Chyle Scattered . Sits Affordable Hameaanership De481opte+nt program. * 70 perform the. anneal inowe reoertif+ -+ of the purchasers of the forty-�►e�. � ,; ;` i (47) tandem mortgage fitunoad I dtn+der the City of Miant's 4; ; ' assisted asnownership Assistance Loan Program J , H[Ir WT I'3 �q 4. This request is $23,103 or 4 more than the FY'88 atiac+deabudget duel to. i�acreeses in � perso�u�e]. servi�oes and operating services: " F * This budget was reduoad fiaa the Wo ptad to anvded Wdkx t ae volI s being alisferreO to the Capital dent Pts�(; F wi ff44 - .., ,' -. . ..; "' } � ✓'ors �1. 4 t i A .41 . �sla�.T q>.,: t�l�. .��xi`..4`��t'S. i�'.�,'r.A.� ��`iFti,&�`•� `.c."; ct f.�da`. 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