Pre Rotows Inco Clot Michael Mackey 408 Pike Road ‘Wot Palen Booch, FL 33411 ‘661 616.7000 wos poegovcom Palm Beach County Board of County Commisstoners Males Mena. Mayor Mock Heenan, Vice Mayor al voce Paslewo Burch Dave Kerner sStoven I Abra sary Low Borgo County Adminitestor ‘VerdenlaC, Bakar “an Oretuniy Ate dat tee” offical btetronietattertead COPY January 25, 2018 Dear Mr. Hoch: This letter is to inform you that after careful consideration I have made the decision to terminate your employment as the Palm Beach County Division Chief of Operations, effective immediately. ‘All County property within your possession must be returned, in good condition, no later than 5:00 p.m. today. Your assigned County vehicle must be surrendered immediately. Following your discharge effective this date, you have the right to request a Name-Clearing Hearing. The request must be made in writing within five working days from the date of this letter. The request should be addressed to me. Thank you for your service with Palm Beach County. I wish you success in your future endeavors. Yours truly, Mul C Mock _ ce: Naney L. Bolton, Assistant County Administrator Wayne Condy, Director, Human Resourcesice Rescue Inca Chet Michael Mackey 405 Pike Road ‘ost Palm Beach, HL33411 (651) 616.7000 ‘worepbegoxcom ‘Palm Roach County Board of County Commiastonrs ‘elsse Mena Mayor ‘Mack bernard, Vee Mayor Hal valet Pawtte Burdick Dave Keener Stevan L Rots Mary Lou Borger ‘County Administrator Verdonia€. Baker “An Spa opporsy _Agomar aan Bgtjer™ Coffea letrone aterhead COPY January 25, 2018 Interim Chief Michael Mackey Palm Beach County Fire Rescue 405 Pike Road West Palm Beach, FL 33411. Dear Chief Mackey: This letter shall serve as my formal resignation from Palm Beach County Fire Rescue effective Friday, February 2, 2028. It has been a pleasure serving the citizens of Palm Beach County for the past thirty- ‘one years, Should you have any questions please do not hesitate to contact me. Sincerely, ‘Thomas Tolbert Deputy Chief TTAcsete U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION DismtssaL AND NoTicE OF RIGHTS Te — Frare Milam! District Office ‘ofo Alan M. Aronson ‘Miami Tower, 100 $ E 2nd Street ROSENTHAL, LEVY, SIMON & RYLES: ‘Suite 1600 1401 Forum Way, 6th Floor Miami, FL 33434 West Palm Beach, FL 33401 oo (n Pahao pesans) ctu tose Ky Sonmiosnal 28 ork 100 To : EOC Tagore 0G Represotro 7 Talos thes Lozano, 510-2016-01197 Investigator lly -0G IS CLOSING ITS FILE ON THIS CHARGE FOR THE FOLLOWING REASON: ‘The facts alleged In the charge fall to state a claim under any ofthe statutes enforced by the EEOC, ‘Your allegations did not involve a disability as defined by the Americans With Disatilties Act. ‘The Respondent employs les than the quired number of employees or isnot athorwise covered by Ue states. [7] Your charge was cot timely filed with EEOC; in other words, you walted too long after the date(s) of the alleged The accused officer denied the female officer's request to be assigned to the Field Operation Officer (FOO) position. ‘The female officer maintains that she requested to be considered for the FOO position, but was denied by the accused officer. The FOO is a special assignment which is advertised and selected internally, The female officer is asked to advertise the opportunity and participate as a panelist for the interviews, The accused officer admits explaining to the female officer that because she currently had a 40/8/5 schedule placing her in the assignment would require her to work overtime defeating the department's intent fo use the assignment as.a way to minimize overtime. The assignment was ‘made using an internal selection process, in which the female officer participated as a panelist for the interviews. The records show that the work schedules for employees working in FOO assignments‘were changed to 42 hours per week or 10.5 hours per day for four days per week, The rate of pay per hour for FOO’s was adjusted to compensate for the change in the number of hours worked in a pay period plus an increase allowed for the assignment, but the annual salary remained the same. The altered work schedule change precluded the need for overtime and there is no evidence to explain ‘why 2 similar schedule adjustment could not have been made had the female officer been allowed to be considered and selected for the FOO assignment. * The accused officer engaged in threats and other behavior designed to intimidate employees who were inclined to participate in the investigation and/or report other Incidents of discrimination, Anti-discrimination statutes, County policy, and Fire Rescue procedure all prohibit retallation against employees who engage in protected activity. That activity can either be actions designed to oppose a practice believed to be discriminatory or participation in an investigation into allegations of fees ‘baken Sh here eh iS. alse She Shale Wet She w ch cual ntocbeey | Ke Sh é ae ner eye Sher Woman, Shee Shred me anpiclve fa ae in but wats Deen tow ek Lrek