I Mt UUUN I Y OP 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 Room212-F

Courthouse Room 210

You are hereby notified that

employed in the position of.

8300

Christopher Liebenthal

(Name of Suspended Employee)

Human Services Workerin the

(f

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:(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?

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

Yes No

Yes D No

&2tt.(Signatur of ppointingjjuthority)

O>/ f<27^L(Title of Appointing Authority)

MUST BE IN THE PRB OFFICE WITHIN 3 DAYS OF ISSUANCE

DEPARTMENT 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/ector (Hearing Officer)Department of Health and HgjBaB/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

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

MILWAUKEE COUNTY PERSONNEL REVIEW BOARD

VERONICA W. ROBINSON, Executive Secretary

Mitwaufoe CountyPERSONNEL REVIEW BOARD

VERONICA W. ROBINSON • Executive Secretary

February 10, 2011

Christopher Liebenthalr\ r ^ "

Dear Mr. Liebenthal:

Enclosed are documents providing you with notice of the disciplinary action that has recentlybeen taken against you by your appointing authority. You have a right to a hearing within 21days, according to Section 63.10 of the Wisconsin State Statutes and Milwaukee County CivilService Rule VII, Section 3. The hearing, Tuesday, February 22. 2011 is also noted on theNotice of Hearing (Suspension) form attached.

Please be advised that if you or your authorized attorney or union representative fail toappear on the above hearing date, the hearing against you may proceed in your absence.

You may appear at your hearing before the Board on your own behalf, or be represented by anattorney or a union representative, if you belong to a collective bargaining unit.

It is VERY IMPORTANT that if you or your attorney or authorized representative cannot bepresent at the hearing, you contact the Personnel Review Board at the phone number and addresslisted below. Otherwise the Personnel Review Board is mandated to go forward with the hearing.

The following documents are provided to help you with this process: 1) The Notice of Suspensionsigned by your appointing authority. 2) The Notice of Hearing (Suspension) before the PersonnelReview Board. 3) A copy of the policy of the Personnel Review Board for postponement ofhearing dates when necessary. 4) If you do not wish to contest this suspension, the attachedWaiver of Hearing form must be signed by you and a witness and returned to the PersonnelReview Board.

Please call me at 278-4218 if you need assistance or do not understand what you need to do.

Sincerely,

MILWAUKEE COUNTY PERSONNEL REVIEW BOARD

Veronica W. Robinson, Executive Secretary

Enclosures

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

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

Mifwaufye CountyPERSONNEL REVIEW BOARD

VERONICA W. ROBINSON • Executive Secretary

February 10,2011

John English, Staff Representative, District Council 48, AFSCME

Attorney Timothy Schoewe, Acting Corporation Counsel

This is early notice that the appointing authority of Christopher Liebenthal, HumanServices Worker. DHHS has filed Notice of Suspension, with the Personnel ReviewBoard, which discipline action will be heard before the Board.

On this matter, the Board has set the date of Tuesday, February 22, 2011 for the initialhearing. Such initial hearing will be held at 9:00 A.M. in the Courthouse - Room 203-R,901 North 9th Street, Milwaukee, Wisconsin. The employee is now in the process of beingserved by the Board with a copy of the Notice of Suspension and notice of this hearingdate.

Sincerely,

MILWAUKEE COUNTY PERSONNEL REVIEW BOARD

Veronica W. Robinson, Executive Secretary

Enclosure

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

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

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MILWAUKEE COUNTY PERSONNEL REVIEW BOARDRequest for

SERVICE ON EMPLOYES FOR DISCIPLINE HEARINGS

TO THE SHERIFF: OK TO SERVE ANY PERSON WHO ANSWERS THE DOOR

Upon service, please hand deliver the papers to thePersonnel Review BoardCOURTHOUSE, room 212Eor call 278-4218

If unable to attain personal service on the employe on or prior to

rfcRUARf 1ft. 2011DATE

Please call the Personnel Review Board at 278-4218 for possible arrangements for delivery ofFORM 50-Unsuccessful Service and the assignment of a new hearing date.

Thank you,

Veronica W. Robinson, Executive SecretaryHarriet Caper, Administrative AssistantMarvic Rizio, Administrative Support

FROMMilwaukee County Personnel Review Board

901 North 9th StreetMilwaukee, Wisconsin 53233

Christopher Liebenthal