discipline records of prolific wisconsin liberal blogger chris "capper" liebenthal

ETHICS BOARD

From the Desk of

Veronica W. Robinson • Executive Director

Date: April 11, 2012

Received $3.20 for 16 copies of PRB records for suspension of Christopher Liebenthal from Kyle Maichle.

\Veronica W. Robinson Kyle Maichle

Mifwaufye CountyPERSONNEL REVIEW BOARD

VERONICA W. ROBINSON • Executive Secretary

John English, Staff RepresentativeDistrict Council 48, AFSCME3427 W. St. Paul Ave.Milwaukee WI, 53208

RE: Notice of Suspension of Christopher Liebenthal,Signed by Geri Lyday, Interim Director, DHHS,Dated February 9, 2011

This is to confirm that the Milwaukee County Personnel Review Board, at its meetingheld March 8, 2011, heard the request of William Mollenhauer, Staff Representative onbehalf of John English, Staff Representative, District Council 48, AFSCME, to continuethe matter for an update report on March 22, 2011.

Mr. Delmenhorst moved, Mr. Karst seconded, and the Board, by unanimous vote (4-0)continued the matter for an update report at 9:00 a.m. on Tuesday, March 22, 2011 inthe Courthouse - Room 203-R, 901 North 9th Street, Milwaukee, Wisconsin.

Sincerely,

MILWAUKEE COUNTY PERSONNEL REVIEW BOARD

Veronica W. Robinson, Executive Secretary

cc: Atty. M. Zillig A. Garcia C. Liebenthal

COURTHOUGC, ROOM 212 901 NORTH 9™ SI Ktt I MILWAUKEE, WISCONSIN 53233 TELEPHONE (414) 278-4218 FAX (414)223-1897Board Members

CORAL D. PLEAS • PresidentDAVID A. KARST Vice President

HELEN J. DIXON • PATRICK E. DOYLE • FRED DELMENHORST

Mtikvaufye CountyPERSONNEL REVIEW BOARD

VERONICA W. ROBINSON • Executive Secretary

1

February 22, 2011

John English, Staff RepresentativeDistrict Council 48, AFSCME3427 W. St. Paul Ave.Milwaukee, WI 53208


This was the first time this matter was before the Board. This is to confirm that theMilwaukee County Personnel Review Board, at its meeting held February 22, 2011,heard the request of William Mollenhauer, Staff Representative on behalf of JohnEnglish, Staff Representative, District Council 48, AFSCME, to continue the matter foran update report on March 8, 2011. This continuation is made with the knowledge andconsent of Christopher Liebenthal, who was present, that he waived his right to a hearingwithin 21 days, pursuant to Chapters 63.10 and 63.12, Wis. Stats., and authorized DistrictCouncil 48, AFSCME, to represent him before the Board in all matters regarding theinstant charges.

Mr. Delmenhorst moved, Mr. Doyle seconded, and the Board, by unanimous vote (5-0)continued the matter for an update report at 9:00 a.m. on Tuesday, March 8, 2011 in theCourthouse - Room 203-R, 901 North 9th Street, Milwaukee, Wisconsin.

Sincerely,



cc: Atty. M. Zillig A. Garcia C. Liebenthal

COURTHOUSE, ROOM 212 901 NORTH 9™ STREET MILWAUKEE, WISCONSIN 53233 TELEPHONE (414) 278-4218 FAX (414) 223-1897Board Members

CORAL D. PLEAS PresidentDAVID A. KARST Vice President


Mihvaufye CountyPERSONNEL REVIEW BOARD

VERONICA W.ROBINSON • Executive Secretary

John English, Staff RepresentativeDistrict Council 48, AFSCME3427 W. St. Paul Ave.Milwaukee, WI 53208

March 23, 2011

Attorney Molly ZilligPrincipal Assistant Corporation CouncilCourthouse - Room 303901 North 9th StreetMilwaukee, WI 53233


This is to confirm that the Milwaukee County Personnel Review Board, at its meeting held March22, 2011, heard the report of Patricia Yunk, Director of Public Policy on behalf of John English,Staff Representative, District Council 48, AFSCME, that the parties had reached a writtenagreement in the matter of Christopher Liebenthal. Attorney Molly Zillig, Principal AssistantCorporation Counsel for the appointing authority, concurred.

The terms of the Written Agreement are as follows:

1. The charges are well founded.

2. The employee shall be suspended for ten (10) working days without pay.

3. The department will make a reasonable effort to schedule the suspension daysto minimize the hardship.

Mr. Karst moved, Mr. Doyle seconded, and the Board, by unanimous vote (4-0), accepted theWritten Agreement and closed this case.

Sincerely,



cc: C. RichardsF. Bau

A. OlsonA. Garcia

M. McKnightC. Liebenthal

M. Cherry

COURTHOUSE, ROOM 212 901 NORTH 9™ STREET MILWAUKEE, WISCONSIN 53233 TELEPHONE (414) 278-4218 FAX (414)223-1897Board Members

CORAL D. PLEAS PresidentDAVID A. KARST Vice President


R 152011

AGREEMENT

In resolution of the complaint brought against Christopher Liebenthal seeking a 15-day

suspension without pay, the parties agree as follows:

The employee enters into this agreement knowingly and voluntarily and has had the

opportunity to seek counsel prior to the execution of this agreement.

It is further understood that, as part of the terms of this agreement, the employee agrees to not

initiate or maintain any further action, included but not limited to submitting a formal grievance, legal or

otherwise, against Milwaukee County, with respect to the underlying fact situation or statements

contained in either the notice of suspension or this settlement agreement. It is further agreed that a

breach of these terms shall void this agreement and allow the implementation of the discipline

contemplated by the underlying notice of suspension, which are the subject of this agreement, without

further hearing required by the Personnel Review Board.

Additional terms and conditions of this agreement are as follows:

1. The charges are well founded.

2. The employee shall be suspended for ten (10) working days without pay.

3. The department will make a reasonable effort to schedule the suspension days to minimize the

hardship.

f fChristopher Liebenthal, Employee Geri Lyday, Aprrofnting Authority

D** 9/rtAT Date: B/W-*0/tI > ~~*~ ~*~

MILWAUKEE COUNTY PERSONNEL REVIEW BOARDRoom 212, Courthouse, Milwaukee, Wisconsin 53233

NOTICE OF HEARING (15 Days Suspension)(To Employee)

February 10, 2011

To: Christopher Liebenthal

You are hereby notified that as cause for your 75 Days Suspension, your

appointing authority, Geri Lyday, Interim Director, DHHS, has filed with the

Milwaukee County Civil Service Commission a complaint in writing, a copy of which is

attached hereto.

You are further notified that the Milwaukee County Personnel Review Board will

hold a hearing with respect to the suspension. The hearing will be held in the

Courthouse Room 203-R, 901 North 9th Street, Milwaukee, Wisconsin on the 22nd day

of February 2011 at 9:00 AM.

By order of the


VERONICA W. ROBINSON, Executive Secretary

THE COUNTY OF MILWAUKEENOTICE OF SUSPENSION

DHHS - Disabilities Services Division

(Originating Department, Commission, Board, or Institution)

Christopher Liebenthal

(Name of Suspended Employee)

To: MILWAUKEE COUNTY PERSONNEL REVIEW BOARD

DEPARTMENT OF HUMAN RESOURCES

February 9, 2011

(Date of issuance)

Courthouse Room 212-F

Courthouse Room 210

You are hereby notified that

employed in the position of.

8300

Christopher Liebenthal •I 1 00.*< *̂̂ ^^T

(Name of Suspended Employee)

Human Services Workerin the

(Ceridian ID)

Disabilities Services Division

(Title of Position)

15

(Org. Unit Number)

Recommended by

. has been suspended for day(s), to take effect on

(division, Department, Commission, or Board)

Pending Personnel Review Board

Geri L. Lyday, Interim Director, DHHS

(Name and Title of Superior Officer)

THE REASON FOR SUSPENSION: (Cite section(s) of the Civil Service Rule violated and some specificity of act oromission such as date(s), location, and description.)

See attached memorandum.

This Action has been taken in accordance with State Statutes, County General Ordinances, and the Civil Service Act andRules.

Was this employee previously suspended within the past six months: LJ Yes(the six month calculation is from the date of issuance)

If yes, complete the following:

1. The most recent suspension was issued on what date?

o No

2. Is suspended employee represented by a bargaining unit?

FORM DISTRIBUTION:Blue Copy - Suspended EmployeeWhite & Yellow - Department of Human ResourcesGreen Copy - Personnel Review BoardPink Copy - Retained by the Appointing Authority

O Yes D No

(Signature/of Appointing Authority)f

£-(Title of Appointing Authority)

MUST BE IN THE PRB OFFICE WITHIN 3 DAYS OF ISSUANCE

Wt MDEPARTMENT OF HEALTH & HUMAN SERVICES

Milwaukee CountyGeri L. Lyday, Interim Director

Date: February 9, 2011

To: Christopher Liebenthal

From: Geri L. Lyday

Re: Disciplinary Hearing Decision

On January 12, 2011, a hearing was conducted to consider the imposition of discipline for ChristopherLiebenthal, Human Services Worker in the Disabilities Services Division. Present at the hearing wereGeri L. Lyday, Interim Director, Department of Health and Human Services (DHHS) who was theHearing Officer, Mark Stein Interim Administrator, Disabilities Services Division, Araceli Garcia,Human Resources Manager, DHHS, David Eisner, DC48, Enaida Alverado, Chief Stewart, DC48 andChristopher Liebenthal.

Mark Stein presented evidence regarding violations of Civil Service Work Rule VII, Section 4, l.(I)refusing or failing to comply with departmental work rules, policies or procedures, (r) Wasting time orloitering, and (kk) Engaging in personal activities during working hours. Mr. Liebenthal used his Countycomputer for personal use and violated the above work rules.

Mr. Eisner, Mr. Liebenthal and Ms. Alvarado pointed out that Mr. Liebenthal has a clean record with noprevious discipline, expressed concerns about the length of time since the work rule violations occurredand that Mr. Liebenthal did not use his County computer to "post" information to the internet.

Having heard the evidence presented regarding this case, it is clear that Mr. Liebenthal blatantly violatedthe Use of Technology Policy over the course of a year on numerous occasions and was in violation of theabove Civil Service rules. Mr. Liebenthal acknowledged that he did use his County computer forpersonal use but that all activity has ceased.

Taking into consideration that there has been no previous disciplinary action by this employee, theHearing Officer is recommending a 15-day suspension to be effective pending the outcome of thePersonnel Review Board. The hearing officer finds this employee's actions to be in total disregard of theCounty Technology Policy which the employee signed and was clearly made aware. In addition, theactivity was prolonged over a years' time with repeated violations. The action appears to be verydeliberate. Therefore, I believe the 15-day suspension is more than warranted.

Geri L. Lyday, Interim Di/ectorDepartment of Health and

earing Officer)Services

1220 W. Vliet Street, Suite 300 ~ Milwaukee, WI 53205 Telephone (414) 289-6660 - 289-6665 ~ TTY/TTD For Hearing Impaired - Fax (414)289-8570

ssSTATE OF WISCONSINMILWAUKEE COUNTY

I hereby certify that on the _

at fe [ U3. S-k|rday of. 20 at hrs.

in the of

in said county of Milwaukee, State of Wisconsin I duly served the within:

D SUMMONS AND COMPLAINT (Small claim)

D AUTHENTICATED COPIES OF SUMMONS ANDCOMPLAINT

D SUBPOENA

D EXECUTION (Served and Unsatisfied)

D MOTION AND NOTICE OF MOTION

D AFFIDAVIT AND ORDER TO SHOW CAUSE

D NOTICE TO QUIT OR PAY RENT 5 DAYS

D SUMMONS & PETITION

of

D TEMPORARY RESTRAINING ORDER/NOTICE OFHEARING (HARASSMENT) AND PETITION FORTEMPORARY RESTRAINING ORDER AND/ORINJUNCTION (HARASSMENT)

D TEMPORARY RESTRAINING ORDER/NOTICE OFHEARING (DOMESTIC ABUSE) AND PETITION FORTEMPORARY RESTRAINING ORDER AND/ORINJUNCTION (DOMESTIC ABUSE)

D NOTICE OF HEARING - TEMPORARY RESTRAININGORDER (CHILD ABUSE) AND PETITION IN JUVENILECOURT FOR TEMPORARY RESTRAINING ORDERAND/OR INJUNCTION (CHILD ABUSE)

D INJUNCTION (HARASSMENT)

D INJUNCTION (DOMESTIC ABUSE)

D INJUNCTION (CHILD ABUSE)

( \S\ C.

On the within named defendant.

Sex DOB:

By then and there delivering to and leaving with A HP-

0 By affixing same on the front door leading to

the premises described herein, which is a conspicuous part of the premises where it may be conveniently read.

U I left with personally the sum of $ legal fees.

Q I left with the sum of $ legal fees for attendance and travel.

1 endorsed on said copy my name, official title and date of service. On authenticated copies of summons and complaint, also thetime, place, manner of service, person served.

Service

Travel

Total

1001 R12

$.

$

$

Dated

THIS IS NOT AN INVOICE

Badge#

DATE TO BE SERVED BY:.

ZONE # / PAPER TYPE: (|

DOCKET NUMBER: U-

MILWAUKEE;(?OUNTYSHERIFF'S OFFICE

50-AiPROCESS REPORT

TOTAL ATTEMPTS:.

1051 R2

DEFENDANT

/ }[AL£JJL£M£JL di'&sZ^ifrtfjf-CATTY.

ADDRESS HONE NO.

PLANTIFF NAME AND PHONE NO.

INFORMATION PERTINENT TO PAPERS, DATE, TIME, CIRCUMSTANCES OF ATTEMPTS,AND RESULTS OF SAME, SHALL BE NOTED BELOW. ALL INFORMATION ENTEREDBELOW SHALL HAVE THE SIGNATURE OF THE DEPUTY AND THEIR BADGE NUMBER.

DAT TIME

— —=

t Cx

T?>v/ Tt, lr<<72^

\-

discipline records of prolific wisconsin liberal blogger chris "capper" liebenthal

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