interoffice memorandum
to: xxxxxxxxxxxxxxxxx
from: James C. Winegardner
subject: CHRONOLOGY OF EVENTS WITH CITY OF
date: 11/22/2008
cc: NONE
1. Stated Purpose:
The purpose of this memo is to outline the events surrounding the violation of my rights by the City of
2. Prior History – Workers’ Compensation/ADA Claim
I have worked in the California Public Sector for nearly twenty years for various cities and one school district (I have attached my resume for your general information). I was hired by the City of
The records, processes, systems were in general a mess. I spent the first few years following the dictates of the Council which were “…we don’t know what the true balances are…”, spear heading a variety of special audit engagements, refinancing various RDA debt, redesigning the budget, stream lining the overall budget and internal controls, and etc. After the second year and into the third year I heard from the Council, “…great job, but we don’t like the balances…”
Approximately at this time I began earning a series of State and National Awards for Excellence in Financial Reporting in conjunction with cleaning up all the Audit Problems of the first few years. These awards are difficult to earn and carry with them the significance of State and National recognition for the City. They were from the California Society of Municipal Finance Officers and the Government Finance Officers Association of the
In 2002 I was diagnosed with bilateral carpal tunnel syndrome. The City’s Risk Manager, Cindy Johnson first noticed the symptoms and insisted I file a claim and seek medical treatment to, in her words, “preserve my rights”. In August 2002 I had surgery on my right hand (I am right handed). The surgery was performed by Dr. David Bowen of the Southern California Orthopedic Institute in Valencia (SCOI).
After the normal recovery time, my hands never returned to “normal”. He diagnosed me as having complex pain regional sympathetic dystrophy (CPRSD). I was then seen by Dr. Joseph Condon (Pain Management); and subsequently and currently by Dr. Sean Leoni also a Pain Management specialist.
During the “pain management” period with Dr. Condon I was made P&S. I have had four different QME evaluations; each one confirmed the diagnosis and each one gave me a progressively higher rating. The City’s Adjustor (Bragg & Associates) objected to one thing or another and I had to have a different one. I finally got representation with Aaron Straussner and am in the process of going through an AME evaluation. Finally during this period, I requested a
From 2002 to the present date, due to the increasing pain levels and medication my performance diminished. The City hired four additional staff during this period to augment various tasks that I was partially or completely doing.
It is this situation that has partially contributed to my suspension. I know that this one of City’s most expense cases. I also know that my staff has complained to the City Manager about my depression, performance, and general ability to do what they expect from me (from what they knew of me pre-injury). There is more to the WC issue and if you need the medical or other files, Mr. Straussner or Dr. Leoni can certainly provide it.
3. Preliminary Audit – May 2008
In the preliminary Audit for FY 2007-08, which conducted in May 2008, I discovered significant “budget and financial irregularities” by the Public Works Department, principally the Public Works Director (Dennis Speers). I turned these items over to the Auditors. Such items ranged from purchasing violations, budgeting irregularities, to personal payroll adjustments (which were authorized by Mike Avery). My Accounting Manager Tess Sloan compiled some of this information and turned it over to the Audit Team Leader, Caroline Lee.
One key piece of evidence was memo that I wrote to the PW Director in July 2007 in which I told him the CIP Fund had a deficit cash balance of well over $1 Million. I recommended that until the receivables are collected or other arrangements made, that no further spending be made from the CIP Fund; I further identified that his Engineering Staff had charged nothing to any of the projects that year (July through May)—so how were the projects being paid for? His response in his own hand writing was to the negative that he wanted to continue to spend and he shifted blame to the City’s Grant Writer.
The Auditors told me that based on the evidence they had seen when they returned in October to finalize the Audit for 2008, this would be definitely included in the Management Letter and they would be including in the potential Fraud Alert (raising the fraud warning from Low to Very High). This again was reviewed and confirmed by Caroline Lee.
4. Notice of Paid Administrative Leave
You will notice that the primary reason for my suspension is violation of various Personnel Rules (refer to the 4-Jun-2008 Notice of Paid Administrative Leave). However, the City’s Personnel Rules Preamble (see the Personnel Rules that I have attached a PDF) specifically exempts Department Heads.
5. Contract Rollover/I am Guilty of Assault!
My Contract specifically states that unless I am given notice by 1-August of each year, it automatically is extended for another year. On Tuesday 5-August-2008 I met with Mike Avery to discuss the status of the “investigation” and what his thoughts are regarding my status. At this point both of us were amicable – I believed at this time we were still friends, after all we had worked together for eight years, and they still had my name up on the website (this was not changed until 30-August-2008).
During this meeting (only he and I were present), he told me the following: the real issues were that my performance had been slipping for several years; he had not taken any action prior to 1-Jul-2008 because he wanted me to have the benefit of the 4% Salary Adjustment; that the investigation on the City’s side was nearly complete and they had a enough evidence to charge me with assault and I could go to jail!
I was speechless. I asked whom did I allegedly assault? He said he was not at liberty to tell me. However, I was guilty of assaulting the party or parties with my “budget sword”. This “budget sword” is a replica which might be able to cut a banana.
It was at this point he said that he as the City Manager and former Police Chief, offer to drop any charges if I agree to accept the disability retirement. In concept I agreed because I felt that I had no choice. I did tell him that the devil is in the detail, and because I have nothing in front of me, I cannot commit until I see the Separation Agreement. He agreed.
From 5-August-2008 until 2-Oct-2008 there was silence from City Hall. Then I received the following e-mail with separation agreement:
Jim;
Attached to this eMail is the separation agreement we have discussed. Please review the document. Take your time and have your representative review it with you. However, this offer to settle shall only remain open until October 24, 2008. If the Agreement is not executed by that date, the City shall rescind its offer and proceed with completion of its personnel investigation, including disciplinary action.
Mike
