Extreme Hostile Working Environment Memo - Phoenix Police Department 2-26.10

City of PhoenixTo: Linda Meraz, Lieutenant

Professional Standards BureauDate: February 26, 2010

From: Phillip Roberts, SergeantPhoenix Police Violent Crimes Bureau, Robbery Unit

Subject: RETALIATION TO HOSTILE WORK ENVIRONMENT COMPLAINT / EXTREMEHOSTILE WORK ENVIRONMENT

Lieutenant Meraz, as you are aware, on February 5, 2010, I authored a memorandumentitled "Hostile Work Environment." I "cc'd" a copy of this memorandum to you sinceMs Beene, of the City of Phoenix Equal Opportunity Department (EOD), had previouslytold me that you were "taking the lead" on the EEO retaliation portion of my complaintfor the Professional Standards Bureau (PSB).

Attached to today's memorandum is another memorandum entitled "PerformanceManagement Guide." I submitted this through my current chain of command in SouthMountain Precinct on January 21, 2010. Let me summarize that memorandum in brief:

I "reminded" the Phoenix Police Department that my PMG was due in just 72 hours onJanuary 24, 2010. Since all of the "out of policy" transfers had occurred during the last7 months of my rating period, I felt that perhaps the Phoenix Police Department mighthave simply forgotten about my PMG date.

I have always been reasonable in these matters, so I wanted to remind my current chainof command of my PMG in addition to making several requests. These requests wereas follows:

1. Lieutenant Laurel (Lauri) Burgett is to have absolutely no input in my PMG.2. Lieutenant Lisa Messina is to have absolutely no input in my PMG.3. Absolutely no discussion whatsoever about any on going PSB investigation in my

PMG.4. Absolutely no comment that my "removal" from the Robbery Unit was voluntary

and/or at my request in my PMG.

I also explained my reasoning behind these requests and why I thought they werereasonable. I will briefly articulate the facts behind the first two requests:

• From November 2008 through May 2009, Lieutenant Burgett has not issued mea single monthly note on my performance. The last monthly notes I signed onmy performance was in October 2008.

Lieutenant Linda MerazEXTREME HOSTILE WORK ENVIRONMENT of 12

• My June and July 2009, Monthly Performance Notes were issued to me inSeptember of 2009, by Lieutenant Burgett, six weeks after filing an EEOcomplaint against her. These notes were the worst notes I had ever received onmy performance in 24-years as a police officer. Both Lieutenant Ben Henry fromPSB, Ms Marquita Beene from the Phoenix Equal Opportunity Department (EOD)and Ms Beene's supervisor, all said that these notes were retaliatory and theyshould be moved from my Robbery Unit Employee Binder. Everyone includingPSB Lieutenant Ben Henry said this, causing Lieutenant Henry to advise ViolentCrimes Bureau Commander Dave Faulkner, to remove the those notes from myRobbery Unit Employee Binder as well.

• Because of this, Lieutenant Burgett has not a single word written on myperformance that has not already been deemed retaliation for all of 2009(Lieutenant Messina became my supervisor in August of 2009).

• Both Lieutenants Burgett and Messina have recently made public recordsrequests on numerous work related documents I have authored and have giventhe explanation of "Civil Litigation" for the reason behind the requests. Thisclearly gives the inference that both Lieutenants Burgett and Messina may becontemplating a civil lawsuit against either myself and/or the City of Phoenix.

• Lieutenant Messina has brought forth what I will describe as a "trumped-up" PSBinvestigation for Case Management not six weeks after becoming my supervisorin Robbery. It is a tact that Lieutenant Messina and Lieutenant Burgett are closepersonal friends (a fact verified by City EO D) and this all came six weeks after Ifiled an EEO complaint against Lieutenant Burgett.

• VCB Commander Dave Faulkner removed Lieutenant Messina as the "reviewingauthority" in Detective Yahweh's PMG in January of 2010, because it would givethe appearance of "retaliation" (Detective Yahweh is a named EEO victim).

• City EOD and the Arizona Attorney General's Office are investigating EEOretaliation complaints against Lieutenants Burgett and Messina and I am thelisted victim in these matters. If sustained, both Lieutenants Burgett and Messinacould face termination.

Lieutenant Meraz, these are just a few of the reasons behind the first two requests onmy memorandum authored to Lieutenant Gallagher.

To me this was a "no-brainer." Both lieutenants are under investigation" for EEOretaliation and in fact I have signed EEO complaints against both of them.


I knew that this was going to leave the City of Phoenix Police Department in anawkward position, so I made the suggestion that Lieutenant John Fisher from SquawPeak Precinct could complete my PMG. Lieutenant Fisher was my supervisor fromOctober 2009 to December 2009, and of the three lieutenants that supervised me in2009 (Lieutenants Burgett, Messina and Fisher), he was the only one who had notcommitted an act of retaliation against me.

Again being reasonable, I even went so far as to verbally tell Lieutenant Gallagher that Iwould be willing to voluntarily wait five additional weeks until the end of February 2010,to wait until my PMG was issued to me. Despite being up for a merit increase, I knewthat for all intensive purposes, the police department may have forgotten my PMG; so Igave the city five additional weeks to review my memorandum and decide who therating authority would be.

However, Lieutenant Meraz, make no mistake, I also said that any undue andunnecessary delay in my PMG issuance would be in my opinion; "EEO Retaliation in aMonetary Sense." I am due a pay raise and if my PMG is not at least issued to me bythe end of February (after a voluntary five week grace period), this would be totallyunacceptable.

Lieutenant Meraz, can you take a guess what happened next?

Yes, you guessed it ... both Lieutenants Burgett and Messina are having input in myPMG. Not only that but its late.

ABSOLUTEL Y AMAZING!!!

The City of Phoenix Police Department does not miss an opportunity to retaliate againstme.

Let me explain in detail ...

On February 18, 2010 (four weeks after authoring my PMG memorandum), LieutenantFisher from Squaw Peak Precinct contacted me and said Squaw Peak PrecinctCommander A.B. Smith notified him today that he would be completing my PMG.

Commander Smith instructed Lieutenant Fisher, that Lieutenant Fisher could only rateme from the time period between October of 2009 and December of 2009. My belief isthat this directive came from Assistant Chief Andy Anderson who is the Patrol DivisionNorth Commander and a close, personal friend to Lieutenant Burgett.


To me this was acceptable since it insured a fair and impartial review of my conduct.The only Lieutenant who supervised me and who is not under City EOD investigation forEEO Retaliation against me is Lieutenant Fisher. He would rate my performance duringthat time period and although I think I could have discussed with him the time periodfrom January 2009 to September 2009, this was acceptable. I would simply attach myown statements to my PMG, describing my performance during that time period,something that I am allowed to do anyway.

For the first time in months I felt that I was not going to have to author yet anothermemorandum describing EEO Retaliation. Perhaps my memorandum entitled "HostileWork Environment" may have had some positive impact in all of this?

Sadly, that was not the case.

The following day, on February 19,2010, Lieutenant Burgett sent an e-mail toLieutenant Fisher stating that Commander Mike Parra had instructed her to have inputin my PMG. Then on February 24, 2010, Lieutenant Messina left Lieutenant Fisher avoice mail stating that Lieutenant Joe Knott instructed her to have input in my PMG aswell.

How can two people, both under EEO retaliation investigations where I am the victimhave input in my PMG? Lieutenant Meraz, let me remind you that even PSB LieutenantBen Henry all but acknowledged that Lieutenant Burgett had already retaliated againstme for my June and July 2009, note entry where he instructed Commander Faulkner toremove them from my Robbery Unit Employee Binder.

Lieutenant Meraz, when you think this could possibly not get any worse ... incredibly itdoes.

Today, I asked Lieutenant Fisher what the status is of my PMG. He told me that thismorning he had received an e-mail from Lieutenant Burgett with her comments on myPMG. It was not simply a "word document" with a narrative but an entire PMG withFOUR TYPED PAGES OF NARRA T1VE!

That is correct, four typed pages of narrative and SIX ... YES COUNT THEM, SIXUNMET GOALS!!! One unmet goal is even for a "Core Value."

Lieutenant Meraz, although I need to check this with the City of Phoenix PersonnelDepartment, I believe that over the past ten years I have been a sergeant, I have notreceived a single "not met" goal from any lieutenant, in the past ten years! Now afterfiling an EEO complaint I have 6, all in one year and all from the same supervisor I filedthe EEO complaint against!

If this were not so serious it would be laughable. Did anyone who had any part of thisdecision think this was not going to occur? Why would Lieutenant Burgett, who hasrepeatedly retaliated against me for the past seven months suddenly stop now?


Lieutenant Meraz, are you not as astonished as everyone else I have talked to aboutthis? If you are not completely taken aback by this horrific attempt to slander me yetagain, please read on.

In January of 2009, I received my 2008 PMG from Lieutenant Burgett. Here is an exactquote from this PMG on my performance from Lieutenant Burgett. ..before filing an EEOcomplaint against her in August of 2009.

Lieutenant Burgett stated that I "EXCEED EXPECTA TlONS!" Yet now, from Januaryto July of 2009, I have 6 "not met" goals and four pages of a retaliatory narration. Thisis completely pathetic.

Lieutenant Meraz, did you know that Lieutenant Burgett retaliated against me as late asDecember 30, 2009? Inside a police facility, during business hours and in front ofsubordinates, she mocked and joked about an EEO victim (myself) and through "41 KGang Signs" describing my transfer to 3rd shift patrol, with Wednesday, Thursday andFriday off, then topped it of by making jokes and laughed about it to police officers?

This was obviously condoned by her chain of command because just days later, afterbringing it forth to the police department's attention, Commander Parra held acompletely ridiculous and unwarranted meeting with all of the detectives involved.

With Lieutenant Burgett present, Commander Parra made the statement that whenofficers "see and observes things in DEB, they need to stay in DEB" or CommanderParra has to "deal" with them.

Even though Commander Parra knew about this unacceptable behavior on the part ofLieutenant Burgett, he instructed her to carry out an EEO attack against me, and theavenue of that attack was through my own PMG.

Think this is a harsh statement to make? It's easy enough to verify, simply askCommander Parra if he reviewed Lieutenant Burgett's input on my PMG before it wasforwarded to Lieutenant Fisher? If he did and he saw 6 "not met" boxes checked for myperformance, didn't Commander Parra want see the monthly notes on my performancethat justified this horrendous rating from Lieutenant Burgett. Hopefully, it is not normalto have lieutenants that work for Commander Parra to rate sergeants with 4 pages ofnarrative and 6 "un met" goals and he not be concerned where the basis for theseratings came from.

In reality, if he would have asked for monthly (signed) notes on my performance fromLieutenant Burgett for 2009, that justified 4 pages of hostile narration and 6 "unmet"goals, that would have presented a problem .... because they do not exist.


Here are two more interesting questions to ponder. In September of 2009, when bothPSB and City EOD said that the two sets of notes given to me by Lieutenant Burgettwere retaliation, what statements did Commander Parra put in Lieutenant Burgett'smonthly notes about this? Surely this obvious attack of retaliation is being investigatedby PSB and it wasn't merely "blown-off" as a coaching by Commander Parra.

Didn't anyone in the police department at the very least verbally caution LieutenantBurgett about doing acts such as this? If her chain of command cannot prevent herfrom attacking me then the ultimate blame lays there ... with her chain of command.

Lieutenant Meraz, what do you suppose Lieutenant Fisher thinks of all of this? I don'tknow for certain because he has been very professional in this whole ordeal and hassaid very little. However, I do know from union sources that Lieutenant Fisher has nowrequested a Phoenix Police Sergeant and Lieutenants Association Representative(PPSLA) from the Labor and Grievance Chair Person, Lieutenant Dave Adams.

Do you know why he did this? Union sources have told me that he too believes this isretaliation and does not want to be apart of issuing me a retaliatory PMG. Unbelievable!

If that is not incredible enough, what do you suppose Squaw Peak Precinct CommanderSmith thinks of this PMG? Well, apparently he too believes it may be retaliationbecause he has put a "hold" on my PMG service until this FIASCO is sorted out.

Why Commander Parra cannot figure this out is beyond me, when Lieutenant Fisherand Commander Smith both saw through this charade. Lieutenant Meraz, lets belogical for a moment, either Commander Parra reviewed the PMG entry from LieutenantBurgett and "sanctioned" it or he is guilty of failing to supervise her after telling a currentalleged EEO perpetrator to submit comments on my PMG, then did not review thembefore being forwarded to Squaw Peak Precinct. It's as simple as that.

Lieutenant Meraz I have been a police officer for 24 years, a detective for 5 years and adetective supervisor for over 3 years. I know how to do an investigation and in fact I'mpretty good cop.

With that being said, I have done some investigating in this matter on my own. Let metell you what I have uncovered in this matter in less than one day and if you are notalready convinced this is a mockery of justice, hopefully following information will.

Lieutenant Meraz, did you know that in February of 2009, Lieutenant Burgett "unjustlyforced out" Sergeant Don Cunningham from not only the Robbery Unit but also theentire Violent Crimes Bureau. This was all done even though Lieutenant Burgett hadnot a single signed note on Sergeant Cunningham's performance. Sound familiar?

When Sergeant Cunningham told her that he was contemplating fighting the "unjust"transfer, Lieutenant Burgett said if he did, she would give him a set of goals that wouldbe "unachievable."


Sergeant Cunningham chose not to "fight" the transfer and elected to take a position inthe Special Projects Unit. Seven months later he received his PMG from SpecialProjects Lieutenant Rich Benson.

Lieutenant Meraz, how much input do you think Lieutenant Burgett had in SergeantCunningham's PMG, a sergeant she supervised for five months and a sergeant that shesaid had to leave VCB because of poor performance?

Not a single word.

Think this is just a fluke? Lets take a look at retired Phoenix Police Sergeant PeteFenton.

Sergeant Fenton also worked for Lieutenant Burgett as the Gun Squad Supervisor in2009. As with Sergeant Cunningham, he too was forced out of his position "unjustly"without any monthly notes on his performance, allegedly for "poor performance"

When his PMG was due months later in Cactus Park Precinct, guess how much inputLieutenant Burgett had in Sergeant Fenton's PMG when she had supervised him for 6months?

Not a single word.

Is that still not enough to show a pattern? Lets take a look at Sergeant Kenny Laird.

Sergeant Laird in mid-2008, was a VCB Assault Detail Sergeant and a subordinate toLieutenant Burgett. He too was "unjustly" forced out of his position as an Assault DetailSupervisor and also had to leave the entire Violent Crimes Bureau, for allegedly "poorperformance."

Six months later he received his PMG from his new assignment in the PropertyManagement Bureau. This time Lieutenant Burgett did have input in a removedsupervisor's PMG.

Do you know how much input she placed in Sergeant Laird's PMG? A total of twosentences without a single "not met" checked.

Lieutenant Burgett forced Sergeants Cunningham, Fenton and Laird from their positionsfor "poor performance" yet she could not document why and never checked a single"not met" section in their upcoming PMG's.

Lieutenant Meraz, do you know what the major difference is between myself and theseother sergeants? I am the only one who filed an EEO complaint against LieutenantBurgett.


So what did Lieutenant Burgett place in my PMG for 2009? Four pages of retaliatorynarration and 6 checked "not met" boxes and I had never even been asked to leave theRobbery Unit! That's correct. ..Sergeants Cunningham, Fenton and Laird were allasked to leave their positions under Lieutenant Burgett for "poor performance" and Inever was ... 1 just filed an EEO against her.

Doesn't anyone hear me??? Does anyone in the Police Department pay attention toany of this? Explain to me how Lieutenant Burgett gets "caught" for issuing meretaliatory documents in 2009, then is ALLOWED to do so again in early 201 O?

Want another amazing fact in all of this. In May of 2009, do you know Lieutenant Merazwhich police unit was awarded the Police Chief's Unit Award, as the best unit in the Cityof Phoenix Police Department? That's correct, the Robbery Unit.

Do you know which supervisor in Robbery wrote up the unit for one of the mostprestigious awards in the Phoenix Police Department? I did, the same supervisor that inJanuary of 2009, was described as exceeding expectations by Lieutenant Burgett.

Now I have six "not met" goals and four pages of retaliatory PMG narration.

This is total "Equus Merda."

Lieutenant Meraz, I insist this be investigated as EEO Retaliation. I insist that this,along with the other numerous acts of retaliation involving Lieutenant Burgett beinvestigated as an "Extreme Violation."

I do not want this investigation "whitewashed" as another recently completedinvestigation in these matters has been.

Furthermore Lieutenant Meraz, I am requesting "proper" follow-up done in thisinvestigation as well. Am I asking for too much? Should I not make "demands" to theProfessional Standards Bureau?

I am the victim here and all I am asking for is a "proper" investigation along with follow-up. Isn't this the bare minimum I should expect from my own Internal Affairs Unit ... isn'tit?

Lieutenant Meraz, with that being said, what do I mean by "follow-up?"

My memorandum entitled Performance Management Guide was submitted through thechain of command in Patrol Division South. As I understand it, it was signed all the waythrough to Assistant Chief Jeri Williams, the Patrol Division South Commander.


I am assuming that it "worked" its way back down the chain of Command via the PatrolDivision North chain of command to Squaw Peak Precinct and Lieutenant Fisher. Iwould suspect that Assistant Chief Andy Anderson (the Patrol Division NorthCommander) read my memorandum.

How then did Lieutenant Burgett in the Drug Enforcement Bureau and LieutenantMessina in the Violent Crimes Bureau, become aware that my PMG was due? How didthese two bureaus become aware that Lieutenant Fisher in Squaw Peak Precinct wasdoing my PMG and in fact reached out and contacted him within the very first week thathe was notified to complete it?

Why did Commander Parra direct Lieutenant Burgett to place input in my PMG when heknew that she had done retaliatory acts against me just 45 days prior?

Why did Lieutenant Joe Knott, direct Lieutenant Lisa Messina to place input in my PMG,when Commander Faulkner was present for all of this week and the need for an "ActingBureau Commander" was not necessary?

Did Commander Faulkner use a "surrogate" supervisor to direct Lieutenant Messina toplace input in my PMG? If so, then why? Did he too believe this might have beenretaliation and since he is already under an EEO retaliation investigation in thesematters, he didn't want his "fingerprints" on it?

Was the Violent Crimes Bureau and/or the Drug Enforcement Bureau ordered by anAssistant Chief to carry out this retaliation?

Lieutenant Meraz, did you know that Assistant Chief Pina, who supervises both theDrug Enforcement Bureau and the Violent Crimes Bureau, told me in mid-August of2009, that I was "digging" myself a hole for bringing forth these EEO complaints to beginwith? This is clearly an EEO retaliation threat and now two bureaus under hiscommand are openly retaliating against me.

Is it possible Lieutenant Meraz that Assistant Chief Anderson had something to do withall of this? It was Assistant Chief Anderson who notified Squaw Peak PrecinctCommander A.B. Smith that Lieutenant Fisher could only rate me from October 2009 toDecember 2009, and not place a narrative in the PMG based on my statements alone.

Did Assistant Chief Anderson know in advance that both Lieutenants Burgett andMessina would have input in my PMG? It is a fact that Lieutenant Burgett is a closepersonal friend to Assistant Chief Anderson and she has said so many times herself.


On January 21, 2010, I wrote my PMG memorandum listing many of the same facts thatI have in this memorandum on why Lieutenants Burgett and Messina should not haveinput in my PMG. Someone of high rank in the Phoenix Police Department chose toignore this and instructed both Lieutenants Burgett and Messina to have input in myPMG, and these two purveyors of retaliation, were all too willing to carry out theseretaliation instructions.

This "plot" was hatched somewhere outside of Lieutenant Burgett and LieutenantMessina's realm. Just like my PSB investigation where I was NOl'd the following dayafter PSB received a memorandum for a 1O-minute test drive, I am now requesting thisinvestigation be looked into immediately.

In mid September of 2009, when I brought these initial EEO allegations forward, a unionrepresentative told me "Phil, this will never get investigated above the rank oflieutenant."

Lieutenant Meraz, unfortunately you are now in the middle of this and you will be theone mentioned in further memorandums if nothing is done here. I actually feel sorry foryou, because I know that any decision to investigate or not to investigate theses mattersand how "high you go" will be made at levels far above your own.

Will PSB investigate this? Will PSB interview Executive Command Staff Officers andidentify who gave the order to have these two lieutenants place statements in my PMG?If it is discovered that an Executive Command Staff Officer did this and reviewed myPMG memorandum, where I clearly laid this out as retaliation, will PSB sustain anExtreme Violation?

Rank, position or power should never be used as an excuse to violate policy andescape discipline or direct others to do the same.

If Lieutenants Burgett and Messina fired a "Retaliation handgun" at me, then someoneon this department is just as guilty for supplying them the weapon and ammunition to doso. Its PSB's job to find out whom.

Closing:

Lieutenant Meraz, I am under extreme stress. For each step I take forward in myrehabilitation, the Phoenix Police Department pushes me two steps back.

Who makes these decisions???

Who would do this and order this to occur when I have already filed a Hostile WorkEnvironment Complaint and am under FMLA Stress leave. Can I not even get a simplePMG issued to me without having to go through this?


The damage at this point has already been done. This ridiculous PMG decision in itselfhas caused me both emotional and physical aliments. I should not have to repeatedlywrite memo after memo to address these matters. It never should have occurred in thefirst place.

Lieutenant Meraz, do you recall in my Hostile Work Environment memorandum, I madethe statement to you that these events occur because "arrogance" wins out as it alwaysdoes.

After hearing the facts about this PMG issuance, what do you think about that statementnow?

After five additional weeks I still have no PMG. This has cost me hundreds of dollars inincome. Lieutenant Messina has not even sent in her input yet on my performance toLieutenant Fisher. However when she does, I am sure it will be retaliatory in nature aswell and will cause me to author yet another memorandum.

If you read the attached memorandum, you will see that I clearly stated that I would notsign a retaliatory PMG and would file a grievance under the provisions of PhoenixPolice Operations Orders 3.22.6, in this matter if one were served to me.

Lieutenant Meraz, do you know how many telephone calls, e-mails or any other form ofcommunication was done, to reach out to my PPSLA Representative, Lieutenant LarryJacobs or me in the past 5 weeks on this matter? Not one word. Absolutely zerocontact.

Even though I said I would grieve a retaliatory PMG and requested that neitherLieutenants Burgett nor Messina have input in my PMG, no one contacted my unionrepresentative or me. What does that say about the Executive Command Staff of thePhoenix Police Department when it comes to preventing retaliation against me?

Here the Executive Command Staff of the Phoenix Police Department clearly knew Iwas under stress, FMLA leave and that I had filed a Hostile Work Environmentcomplaint. Yet not a single Command and/or Executive Command Staff Officer had thefortitude to pick-up the telephone and say to Lieutenant Jacobs; "I know Phil doesn'twant Lauri or Lisa to have input in his PMG but we think that needs to happen and letstalk about it"

I guess that phone call was too much to ask for?

Lieutenant Linda MerazEXTREME HOSTILE WORK ENVIRONMENT0f12

If the Executive Command Staff Officer whomever made the decision to use my PMGas a "doormat" simply wanted to make my life a living hell ... they have more thansucceeded.

Thank you for your time,

Copy: Lt. Larry Jacobs, PPSLA RepresentativeOff. Dave Kothe, PLEA RepresentativeMarquita Beene, City of Phoenix EOD InvestigatorJanet Smith, City of Phoenix Personnel DirectorIntegrity Committee - City Manager's OfficeAndrew Thomas, Maricopa County AttorneyArizona Attorney Generals Office, EOD Investigations

Extreme Hostile Working Environment Memo - Phoenix Police Department 2-26.10

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