Lawsuit Against City of Redlands

DS1311312
130916
CIV
122902
ICF
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CIV
Case Number
DS1311312
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CIV
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Action Date
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16
09
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Action Time
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GLGRE
Complaint Filed imaged
COMP FILED
I
NEW FILE
P
v CT
SUPE
COUNTY Oi tii
dc
Di
a
s
dU
Daniel L Ferguson Esq SBN 98377

Joseph Richardson Esq SBN 212206
p
SAN BEI
N
t
SEP 1 2013
BORTON PETRINI LLP

1461 Ford Street Suite 201
Redlands CA
92373
BY
381
Telephone 909 0527
Facsimile 909 381
0658
OFtiAM r
Hearing Setfor
Email com
dferguson@bortonpetrini
com
jrichardson@bortonpetrini
Date
Attorneys for Plaintiff
Time
stine Smith
Chr
Dept
SUPERIOR COURT OF THE STATE OF CALIFORNIA
p
C
COUNTY OF SAN BERNARDINO
IG
1C
11
CHRISTINE SMITH an individual
12
13
14
Case No
tl E Yeb Y t W
Plaintiff
COMPLAINT FOR
1 VIOLATIONS OF THE CALIFORNIA

4
FAIR EMPLOYMENT AND HOUSING ACT
CITY OF REDLANDS and DOES 1

25 Inclusive
GOVERNMENT CODE
12940 et seq
6 RETALIATION UNDER FAMILY AND

5
15
Defendants
MEDICAL LEAVE ACT FMLA

7 DISABILITY DISCRIMINATION
16
FAILURE TO MAKE REASONABLE

ACCOMMODATION AND
17
8 WRONGFUL TERMINATION IN
VIOLATION OF CALIFORNIA FAIR
EMPLOYMENT AND HOUSING ACT
18
19
20
GENERAL ALLEGATIONS
21
22
PLAINTIFF Christine Smith PLAINTIFF or SMITH is an individual and
II is now and at all times mentioned in this complaint a resident of the County of San Bernardino State of
23 II California
24
25
26
At
all
times
herein
mentioned
Defendant
CITY
OF
REDLANDS
I DEFENDANT or REDLANDS was a political subdivision of the State of California created and
existing under and by virtue of the laws of the State of California
27
28
1
COMPLAINT
was an employee with the City of REDLANDS
1t all times mentioned Alfredo Cardenas aka Fred Cardenas CARDENAS
PLAINTIFF is ignorant of the true names and capacities of DEFENDANTS sued
I herein as DOES 1 through 25 inclusive and therefore sues these DEFENDANTS by such fictitious I
names SMITH will amend this Complaint to allege their true names and capacities when ascertained
SMITH is informed and believes and based thereon alleges that each of the I
fictitiously named Defendants are responsible in some manner for the occurrences herein alleged and
that PLAINTIFF
S damages
specifically stated otherwise the term DEFENDANTS as used herein refers to DEFENDANTS
10
as
herein
alleged
were
proximately
caused
by
such Defendants
Unless
REDLANDS and DOES 1 25 inclusive
11
SMITH is informed and believes and based thereon alleges that at all times herein I
12
mentioned each of the DEFENDANTS was the agent joint venturer statutory partner and
or
13
representative of each of the remaining DEFENDANTS and in doing the things alleged below was
14
acting
15
thereon alleges that each of the named DEFENDANTS and all DOES sued herein under fictitious names
16
are
within the scope of such agency and

or
employment
SMITH is informed and believes and
jointly or severally
17
liable to SMITH for her damages
alleged herein
BASIS OF COMPLAINT AND RELIEF REQUESTED
18
PLAINTIFF brings the complaint herein as further described below for the I
19
following reasons after being constantly commended as an exemplary employee and being publicly I
20
lauded for her dedication organizational skills and superior work product by REDLANDS in general
21
and in particular by REDLANDS employee CARDENAS PLAINTIFF found herself discriminated and
22
retaliated against by REDLANDS in her work in the Quality of Life Department QOLD primarily
23
through CARDENAS acting in the course and scope of his employment with REDLANDS when
24
SMITH took time off under the Family and Medical Leave Act FMLA for her medical condition
25
following a major automobile accident Said retaliation and discrimination commenced upon SMITH
s
26
return from FMLA leave on or about October 15 2012 and continued for months ultimately forcing
27
SMITH to go out on stress leave on or about November 9 2012 and again on or about June 7 2013
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COMPLAINT
Said retaliation and discrimination included the following

a
A demotion from her job as Fleet Services Administrative Coordinator on the first day of
I her return from FMLA leave based on SMITH

s medical condition and not based upon her I
performance
Bullying and intimidation while SMITH tried to carry out her legitimate work functions
Exclusion and isolation of SMITH from the work activity of QOLD at REDLANDS for
which she worked and singling SMITH out in a negative manner including being moved into an office
in the back of the QOLD separate from the rest of the administrative and management staff and without
the instrumentalities needed to complete her work
1
11
A lack of work assignments going to SMITH including sometimes going days without
work while other mid

level managers had an abundance of work assignments
Delivering to SMITH on or about February 27 2013 a negative overdue work
13
evaluation completed by CARDENAS for the period of May 15 2011 through May 14 2012 even
14
though this period encompassed the time for which SMITH was recommended for City of REDLANDS
15
Employee of the Year by CARDENAS and won that award
16
17
Giving SMITH meaningless tasks and

or tasks that would otherwise go to lower level
employees
18
Giving SMITH unclear and ambiguous instructions while discouraging her from asking
19
questions about assignments by instructing her not to ask questions until assignments were substantially
2C
complete and by responding negatively to SMITH

s desire for clarification stating that as a Senior
21
Administrative Analyst she should not need to be micro

managed and that CARDENAS instructions
22
were clear enough and
23
24
sconstructive termination due to failure to accommodate her medical condition

SMITH
physical disability and

or mental disability
25
Discrimination and retaliation also continued after and were caused by SMITH
2E
filing a claim under the California Fair Housing and Employment Act FEHA on October 24 2012 a I
27
November 12 2012 letter alleging violation of the City

s Violence in the Workplace Policy submitted
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COMPLAINT
on SMITH
s behalf the grievance filed on October 17 2012 about the demotion a complaint by I
SMITH to her union representative on or about April 3 2013 and

or her grievance filed on May 6
3 I 2013
4
These discriminatory practices as well as those described in the Generall
Allegations below created among other things a hostile work environment in which individuals I
I including those that took FMLA leave for medical reasons were subjected to disadvantageous terms I
conditions and
or privileges of employment based not on the content of their character and I
performance but on their medical conditions among other things This hostile working environment I
adversely affected other employees working at REDLANDS This hostile work environment ultimately I
10
resulted in the foregoing actions against SMITH herein described including but not limited to her
11
demotion from her position as Fleet Services Administrative Coordinator
12
10
SMITH filed a grievance for the demotion on or about October 17 2012 but was
13
told in response by the REDLANDS City Manager that SMITH did not have the right to file a grievance
14
for the demotion per Personnel Rule III

C which states that a promotional probationary employee
15
may be rejected at any time by the appointing authority without cause and without right of appeal or
16
grievance or hearing Among other things the letter stated that SMITH was promoted to a position
17
that she
18
benefit of a transition or training period The City Manager admitted that there was no training for I
19
SMITH but implied that SMITH was not a self

starter or competent for her position but SMITH
swork
20
product organizational skills and even previous recognition by CARDENAS to that point directly refute
21
that SMITH was not a self

starter or competent for the position
22
was
not
prepared for
11
position
that
required
her to be
starter
self
She did not have the
Since SMITH was placed on Worker

sCompensation
related leave REDLANDS
23
has been informed through the treating physician the state qualified medical examiner and
or the
24
s Compensation Adjuster that SMITH would need to be placed in a department separate from
Worker
25 the QOLD in order for her to return to work
Specifically SMITH
smedical records document that she
26
has suffered significant harm including humiliation emotional distress and mental and physical pain
27
and anguish because of CARDENAS and therefore would not be able to be in a job where she would
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COMPLAINT
have contact with CARDENAS There have been such jobs available which would provide reasonable
accommodations
to
SMITH
Because of REDLANDS failure to accommodate the transfer which
s doctors have confirmed is necessary SMITH has applied for a position confirmed available
SMITH
that would represent a reasonable accommodation and which would allow her to return to work in a
department other than QOLD To this point REDLANDS has failed to provide an accommodation for
SMITH that would allow her return to employment with REDLANDS which constitutes disability
discrimination by REDLANDS against SMITH
12
s termination or constructive termination is wrongful because it is in

SMITH
retaliation for SMITH

s taking of FMLA leave her FEHA claim filed on October 24 2012 her
1C

on SMITH
sbehalf the grievance filed on October 17 2012 a complaint by SMITH to her union
12
representative on or about April 3 2013 and

or her grievance filed on May 6 2013 Furthermore other
workers at REDLANDS that were not in the protected classes above i

e without a medical condition
14

or mental disability were kept in their positions and
or the position
sSMITH
sought that would accommodate her have been filled by an individual or individuals that were without a
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medical condition physical disability and

or mental disability making them a member of the protected
li
class
13
lf
Based on the foregoing SMITH requests among other things general and special
1S
damages attorney
sfees and costs of suit and a temporary restraining order preliminary injunction and
2C
a permanent injunction enjoining REDLANDS from engaging in the conduct described above
21
FACTS COMMON TO ALL CAUSES OF ACTION
22
14
PLAINTIFF SMITH was hired by REDLANDS on or about November 15 2006
23
as an Admin Assistant II In or about 2008 the Department of Public Works wherein SMITH worked
24
became part of the newly organized Quality of Life Department The QOLD oversaw 13 divisions and
SMITH served as administrative assistant to these divisions SMITH excelled in her duties receiving
2E
positive evaluations every year they were given between 2006 and 2010 See attached EXHIBIT A
2i
attached hereto and made a part hereof
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COMPLAINT
15
In or about April 2011 CARDENAS started wark as the director of QOLD
SMITH is informed and believes and based thereon alleges that QOLD included some 100 employees
whom CARDENAS would oversee as director Immediately CARDENAS initiated a major shake
up
of QOLD which included the promotion of some employees and the termination of others On or about
July 1 2011 SMITH was reclassified to the position of Sr Administrative Analyst
16
CARDENAS
and
SMITH
initially
had
good
working relationship
CARDENAS appreciated SMITH

swork ethic and organizational skills and often CARDENAS would
direct
people
with
questions
about the work to SMITH
Further CARDENAS would use SMITH

s
work as an example to others of the work product that he preferred and desired from others in QOLD
1C
In or about November 2011 CARDENAS nominated SMITH for Employee of the Year for the City of
11
REDLANDS an award she ultimately won See Exhibit B attached hereto and made a part hereof
12
CARDENAS publicly lauded her stating that he could not have done his job without SMITH and that
13
SMITH
was
14
his
right
17
arm
On or about April
2 2012 the Waste Management Superintendent for
REDLANDS resigned At the time of his resignation he was runnirig the Fleet Division On or about
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April 3 2012 CARDENAS told SMITH she was being reassigned to the Fleet Division as Interim Fleet
li
Coordinator until the position was filled SMITH expressed her reservations about the job because this
was not her area of experience and because she did not see her career going in this particular direction
lc
CARDENAS stated that the assignment was not optional and she would be moving to this department
2C
effective
21
immediately
On or about April 4 2012 SMITH started working as the Interim Fleet
I Coordinator
22
18
Immediately after making SMITH Interim Fleet Coordinator CARDENAS
23
informed SMITH that he wanted her to apply for the permanent position of Fleet Coordinator SMITH
24
expressed reservations because this was not the area of her experience among other things In or about
I May 2012 REDLANDS advertised the position of Fleet Services Coordinator for applications SMITH
2E
did not apply CARDENAS rejected all of the other applicants
19
Following his rejection of all of the applicants for the Fleet Services Coordinator
F
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position CARDENAS informed SMITH that he wanted her to apply for the position during the time it
was open for application Among other things SMITH reiterated her reticence to apply for the position
I and stated that she did not have the Class B license she would need to apply Further after nearly six
I Years of working for REDLANDS SMITH was uncomfortable with going to a probationary status on a
job
she did not
description
see
herself
keeping permanently
to match SMITH
s skill set
CARDENAS stated that he would revise the job
After this conversation the job was re

titled Fleet Services
Administrative Coordinator and issued a new job description Once SMITH again stated that she did not
I have a Class B Driver

s License in response CARDENAS changed the job description further to give
applicants 12 months to get a Class B Driver
s License if they did not already possess one
1C
20
On or about June 11 2012 the Fleet Services Administrative Coordinator
11
position was advertised for application SMITH was out of state on vacation and was contacted that day
12
by representatives of REDLANDS and asked if she needed more time to apply for the posit
ion which
13
was
14
Resources Department at REDLANDS had informed SMITH that SMITH

s previous position of Sr
15
Administrative Analyst could be eliminated Therefore if SMITH did not apply for the new position
16
she could be demoted into a lower position Worried that she would otherwise be demoted out of her
17
previous position if she did not apply SMITH ultimately did apply for the position On or about July 9
18
2012 SMITH was promoted to the Fleet Services Administrative Coordinator position
21
19
20
scheduled to close while SMITH
was
out of town
By this time a representative of the Human
While working as the Fleet Services Administrative Coordinator SMITH
I performed her duties capably and competently Among other things she did the following
21
Sought meetings with comparable professionals to understand her
22
job responsibilities
23
Prepared a full fleet analysis
24
Completed fleet reduction
25
Prepared Solid Waste Vehicle Analysis
26
Prepared Request for Bids RFB for Solid Waste Front Loader
27
Vehicles and
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COMPLAINT
Began the process of soliciting requests for quotes for a variety of
services and commodities

22
On or about August 13 2012 SMITH was involved in an automobile accident
where she suffered serious injuries Because of the incident SMITH requested time off work under the
federal Family and Medical Leave Act FMLA SMITH was away on FMLA leave for 9 weeks until
on or about October 15 2012
23
SMITH is informed and believes and based thereon alleges that while she was
away on FMLA leave CARDENAS assigned several employees to gather information on SMITH to
facilitate his plans to terminate SMITH upon her return Among other things she was informed of the
10
following
11
CARDENAS told SMITH

s colleagues that he would put her in a
12
living hell once she returned from FMLA leave
13
CARDENAS informed REDLANDS employees to search her
14
office for documentation that would demonstrate that she was
15
making mistakes
16
CARDENAS confirmed that the goal was to hang SMITH and
17
to get her pushed out of her position
18
SMITH is informed and believes and based thereon alleges that CARDENAS also told
19
coordinators of other departments in similar positions to SMITH to let the fleet services area fail and
20
let SMITH deal with it when she comes back which is contrary to the stated objective of coordinators
21
to help each other succeed This resulted in invoices not being processed or picked up and the Fleet
22
Services Department ground to a halt which was intended to put SMITH in a negative light
23
RETURN FROM FMLA LEAVE

24
In or about October 15 2012 SMITH returned from FMLA leave On that day
25 CARDENAS started by telling SMITH that someone else was doing projects in the Fleet Department
26 and that those
things
were not to be disturbed
CARDENAS added that he SMITH and another
27 person in the QOLD would need to have a meeting later in the day once that person returned due to the
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COMPLAINT
need to discuss some issues Based on her expectation that this meeting would potentially feature
CARDENAS bullying and
or harassing SMITH particularly based on the information SMITH received
I while away on FMLA leave SMITH contacted her union representative who agreed to be present
25
At the meeting later that afternoon CARDENAS informed SMITH that she
would not be passing her probation for the Fleet Services Administrative Coordinator position and that
she was being terminated CARDENAS stated that he had found many errors in SMITH
s absence
but failed and refused to be specific as to the errors Additionally CARDENAS told them that SMITH
s
pending evaluation for her work at the Senior Administrative Analysis position for the period of May
May 2012 would be poor SMITH
2011
sunion representative stated she could not be terminated upon
from FMLA leave
1C
returning
11
SMITH she was terminated to telling her that she was being demoted to her previous job of Senior
12
Administrative Analyst On or about October 17 2012 SMITH filed a grievance based on the demotion
13
by CARDENAS as a violation under FMLA See grievance attached as Exhibit C and made a part
14
hereof
26
By the end of the meeting CARDENAS position went from telling
In the interim SMITH suffered further undue stress by being penalized for asking
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questions about her assignments See attached email exchanges from October 23 2012 and October 31
17
2012 collectively attached as Exhibit D and made a part hereof
18
1
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27
On or about October 24 2012 SMITH filed a claim under the California
I California Fair Employment and Housing Act FEHA for illegal discrimination and retaliation based
on her demotion See Exhibit E attached hereto and made a part hereof
21
28
On or about October 29 2012 an issue was raised as to an invoice CARDENAS
22
claimed that SMITH had failed to submit
23
Purchase Requisition books that were normally in her possession When SMITH inquired about the
24
books a colleague informed her that CARDENAS had been given her book a week prior When SMITH
25
asked CARDENAS he confirmed that he had received the books she needed to be responsive to this
2E
urgent request for information and when SMITH asked for the book in order to respond to the October
29 2012 email CARDENAS refused See Exhibit F attached hereto
SMITH could not answer the questions asked without the
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29
On or about November
1 2012 SMITH met with a Human Resources
Department representative and with a labor attorney for REDLANDS At that meeting the attorney
stated that he expected information from CARDENAS as to why the demotion of SMITH was proper
but had not received it and expressed surprise the demotion occurred at all The attorney further asked
SMITH if she would voluntarily take a demotion to her previous job which she refused to do
30
On or about November 7 2012 SMITH received a request to meet with
CARDENAS pertaining to reasons for her demotion A Human Resources representative attended the
meeting
At the meeting CARDENAS stated that there were issues with staff reports that SMITH
worked on specifically CARDENAS stated that SMITH had not submitted a purchase order SMITH
1C
stated that this was not true presented it to him a copy with his signature and assured him she
11
submitted it properly Agitated because he was being respectfully challenged on his facts CARDENAS
12
became abusive among other things he pointed at SMITH within inches from her face stood up from
13
the conference table in his office pushed his chair hard enough that it banged against the wall behind
14
him and while moving to his desk shoved the chair that SMITH sat in and then shoved SMITH
schair
15
again
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excused herself from the meeting
17
31
when
returning
to
the conference table
Ultimately in tears shaken and frightened SMITH
Due to her physical condition SMITH went off work on November 8 2012 and
18
filed papers for Workers
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sunion representative sent a letter alleging a violation of the City

SMITH
s Violence in the Workplace
2C
Policy and Retaliation for Conduct protected by Govt Code Section 3500 See Exhibit G attached
21
hereto and made
22
Enrique Martinez sent a letter in response stating that there was no such violation In the letter Martinez
23
stated that I do not believe CARDENAS violated the above policy He did not make verbal threats of
24
physical violence and there were insufficient indicia that physical retaliation may occur See Exhibit
25
H attached hereto and made a part hereof
2E
2i
32
Compensation
part hereof
on
November
2012
On or about November 12 2012
On or about December 13 2012 REDLANDS City Manager N
On January 8 2013 CARDENAS issued official notice to SMITH of her
demotion to Senior Administrative Analyst See Exhibit I attached hereto and made a part hereof
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33
On January 11 2013 City Manager N Enrique Martinez wrote a letter in I
response to SMITH
sgrievance related to the demotion The City Manager stated that SMITH did not
have the
right
SMITH
was
to file
promoted
grievance
to a
as
position
to the demotion
that she
was
not
Among other things the letter stated that I
prepared for
position
that
required
her to be
starter She did not have the benefit of a transition or training period In short her odds of success
self
were very slim from the start See Exhibit J attached hereto and made a part hereof The letter cited
Personnel Rule III
C which states that a promotional probationary employee may be rejected at any
time by the appointing authority without cause and without right of appeal or grievance or hearing
The letter directed CARDENAS to provide SMITH with a past due performance evaluation covering the
10
periods of May 2011 to May 2012 which includes the same period of work for which she was
11
nominated as Employee of the Year by CARDENAS The letter further directed CARDENAS not to
12
engage in any retaliatory actions upon SMITH

sreturn to her former position of Senior Administrative
13
Analyst
14
34
On
or
about
February
11
2013
SMITH
returned
from
her
s
Worker
15
Compensation
related leave
16
computer and
17
back which is prone to discomfort with certain types of chairs but said chair purchased for her was gone
18
upon her return
19
attended a return to work meeting with CARDENAS and Human Resource Department representatives
2a
wherein the following was stated
broken chair
She
was
She was immediately placed in an empty office with a desk phone no

S previous chair had been purchased specially for her to fit her
SMITH
given
no
assignments
that
day
On or about February 12 2013 SMITH
21
SMITH was to report directly to CARDENAS
22
If SMITH required information to be obtained from the field she
23
was to go to the Senior Project Manager

soffice to place requests
24
for information and not directly to field personnel
25
SMITH was given a memorandum outlining her performance
26
expectations and was to complete all assignments in accordance
27
with these performance expectations taking into account u

se of
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the appropriate analytical methods including System Analysis
Program
Qualitative Analysis to complete assignments

Quantitative
SMITH was informed that the work quality expectations had been
elevated due to the new staff that had been hired in QOLD and it
was important that she meet this new level of expectation set by
her co
workers and
SMITH was not to ask questions but was to bring work that had
been completed up to 90
95 for review and further direction
10
Methods
and
would be given to her at that time
11
12
Research
Evaluation
35
At this point SMITH still had no assignments to complete and informed
CARDENAS of the same CARDENAS did not give SMITH assignments for several days
13
36
From the time of SMITH

S return to work on or about February 12 2013
14
CARDENAS pattern of bullying and retaliatory conduct toward SMITH continued including the
15
following
16
CARDENAS excluded SMITH from the work activity of QOLD
17
and
18
things SMITH was moved into an office in the back of the QOLD
19
separate from the rest of the administrative and management staff
20
There SMITH shared an office with other employees who
21
CARDENAS retaliated against and removed from their previous
22
work
23
employees in QOLD were required to share an office with other
singled
SMITH
stations
out
in
negative
manner
Among other
No other mid
management or management
staff
25
CARDENAS was responsible for a lack of work assignments
26
going
27
while other mid

level managers had an abundance of work
so
SMITH
SMITH sometimes went days without work
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COMPLAINT
assignments Additionally SMITH was placed in a space without
the instrumentalities including a computer needed to complete

her work
As further described below CARDENAS gave SMITH a negative

overdue work evaluation for the period of May 15 2011 through
May 14 2012 even though this period encompassed the time for
which SMITH was recommended for City of REDLANDS
Employee of the Year by CARDENAS Said evaluation was given
to SMITH only after she requested it and City Manager Enrique
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Martinez stated in his letter dated January 11 2013 rejecting
11
S
SMITH
12
CARDENAS was required to complete said overdue evaluation
13
CARDENAS gave SMITH meaningless tasks and tasks that
14
would otherwise go to lower level
CARDENAS requested that SMITH prepare a Police Department
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PD Take Home Vehicle Analysis SMITH routed the item
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through
1F
responded by stating the information was good but that it was not
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an
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SMITH was asked to prepare a City Comparison spreadsheet
21
comparing
22
included phone calls and emails to cities requesting specific
23
numbers
24
assignment that would go to office staff as opposed to a Senior
Administrative Analyst SMITH

s position
2E
CARDENAS gave SMITH unclear and ambiguous instructions
while instructing her not to ask questions until assignments were
promotional probationary
employees
Tim Sullivan from the Fleet
assignment
that he had
other cities
and
dollar
to
rejection grievance that
Department
requested
REDLANDS
amounts
this
As an example
Mr Sullivan
As a further example
Because this assignment
would
normally
be
an
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COMPLAINT
substantially complete and negatively regarding SMITH

s desire
jk
for clarification stating that as a Senior Administrative Analyst she
should not need to be micro

managed and that his instructions
were clear enough
37
On or about February 27 2013 CARDENAS issued his overdue employee
performance evaluation of SMITH for the period of May 15 2011 through May 14 2012 See Exhibit
K attached hereto and made a part hereof In that evaluation CARDENAS stated several areas where
improvement was purportedly needed Among other things CARDENAS stated that
SMITH must improve her listening skills by taking more notes
10
and asking more questions Her staff reports require more research
11
and structure
12
SMITH
13
assignments and are written and structured
14
SMITH must engage in more data research related to her
15
assignments and put more quality time into her assignments She
16
must ask more questions in order to focus on what information she
17
needs to improve her work product
18
SMITH must improve her leadership skills to be more in
19
conformance with departmental goals and objectives
20
21
is
more
successful
when
she
works
on
group
Her average performance rating was 2

95 out of 5
0 which is in the Needs
Improvement category
22
38
The employee evaluation of SMITH by CARDENAS was inaccurate and
23
completely false In fact SMITH met almost daily with CARDENAS from the time of his hiring in
24
April 2011 until her automobile accident in August 2012 which included the entire period covered by
25
the evaluation In fact CARDENAS was aware of the tasks SMITH was completing and SMITH did so
26
with his guidance support and his commendation for her quality work product organization and
27
problem solving
skills
CARDENAS often demonstrated SIVIITH

s completed work product to other
OS9758
h
068
058
pleadings
do
complaint2
X
14
COMPLAINT
I employees in QOLD as examples of the work product desired by CARDENAS Furthermore despite
I the Personnel Rules and Regulations which stated that e
ach performance evaluation shall be
discussed with the employee CARDENAS never discussed this evaluation with SMITH
39
about the
On or about April 3 2013 SMITH wrote a complaint to her union representative
retaliation bullying
and discrimination she continued to suffer
See Exhibit L attached
hereto and made a part hereof On or about May 6 2013 SMITH filed a grievance for Harassing and
Discriminatory conduct Violation of Bullying Policy and Retaliation for Conduct Protected under
Govt Code Section 3500 See Exhibit M attached hereto and made a part hereof
40
On June 7 2013 SMITH again went off work due to the continued retaliatory
1C
I conduct bullying harassment and creation ofa hostile work environment by CARDENAS which began
11
upon her return from FMLA leave on or about October 15 2012 and the physical illness great anxiety
12
II and emotional distress it caused SMITH
13
41
On or about September 6 2013 SMITH received a right to sue letter from the
14
California state
15
made a part hereof
Department
of Fair
Employment
and
Housing
See Exhibit N attached hereto and
16
FIRST CAUSE OF ACTION
17
Against DEFENDANTS REDLANDS and DOES 1

25 Inclusive
18
Wrongful Demotion
Discrimination in Violation of Government Code Section 12940 Subsection a
19
42
20
PLAINTIFF SMITH re
alleges Paragraphs 1 through 41 of the Complaint above I
and incorporates them herein by this reference as if fully set forth hereinafter
21
43
PLAINTIFF was employed by DEFENDANTS and each of them during the
22
times and in the positions which are described with more particularity above At all times herein
23
mentioned PLAINTIFF was performing competently in her position with REDLANDS as an Admin
24
Assistant II Senior Administrative Analyst Interim Fleet Supervisor and Fleet Services Administrative
25
Coordinator
26
44
27 described
above
While SMITH worked for DEFENDANTS and each of them as more fully I
in
the
General
Allegations
SMITH
was
subjected
to
discrimination
or
and
g
059758
h
068
058
pleadings
do
complaint2
X
IS
COMPLAINT I
discriminatory and retaliatory policies practices and procedures based upon her medical condition and
taking FMLA leave The discriminatory practices included but were not limited to
based upon her performance as more fully described above
leaving her to her own devices to seek the knowledge to do her job
competently but also subjecting her to criticism and a disregard of her
efforts when SMITH did so
A demotion based on PLAINTIFF

s medical condition and not
A refusal to train SMITH for the job that she was promoted to
Bullying and intimidation while SMITH tried to carry out her
10
legitimate work functions
11
12
QOLD and singling SMITH out in a negative manner including being
13
moved into an office in the back of the QOLD separate from the rest of the
14
administrative and management staff and without the instrumentalities
15
including a computer needed to complete her work
16
17
going days without work while other mid

level managers had an
18
abundance ofwork assignments
19
20
work evaluation for the period of May 15 2011 through May 14 2012
21
even though this period encompassed the time for which SMITH was
22
recommended for City of REDLANDS Employee of the Year by
23
CARDENAS an award SMITH ultimately won
24
25
otherwise go to lower level employees and
26
27
discouraging her from asking questions about assignments by instructing
Exclusion and isolation of SMITH from the work activity of
A lack ofwork assignments going to SMITH including sometimes
Delivering to SMITH from CARDENAS a negative overdue
Giving
Giving
SMITH
SMITH
meaningless
unclear
and
tasks
or
and
ambiguous
tasks
that
would
instructions
while
059758
h
068
058
pleadings
do
complaint2
ox
16
COMPLAINT
her not to ask questions until assignments were substantially complete

and responding negatively to SMITH
Sdesire for clarification stating that
as a Senior Administrative Analyst she should not need to be micro

managed and
45
that his instructions
were
clear
enough
These discriminatory practices as well as those described in the General
Allegations above created a hostile work environment in which individuals including those that took
FMLA leave for medical reasons were subjected to disadvantageous terms conditions and
or privileges
of employment based not on the content of their character or work performance but on their medical
conditions and taking FMLA leave This hostile working environment adversely affected other
1C
employees working at REDLANDS This hostile work environment ultimately resulted in the actions
11
against SMITH described above as well as her demotion from her position as Fleet Services
12 Administrative Coordinator
13
46
Government Code sections 12940

a and 12940
c part of the Fair Employment
14
and Housing Act

FEHA embody fundamental substantial and well
established public policies of the
15
State of California By engaging in the discriminatory activities and by maintaining the discriminatory
lE
policies practices and procedures more fully described above and more specifically by demoting
17
failing to properly train berating isolating and retaliating against SMITH as set forth above the
18
DEFENDANTS violated the fundamental substantial and well

established public policies embodied
1S II therein
2C
47
PLAINTIFF is informed and believes and based thereon alleges that in addition to
21
the practices enumerated above DEFENDANTS and each of them have engaged in other practices in
22
violation of the FEHA including Government Code section 12940 which are not yet fully known At
such time as said practices become known PLAINTIFF will seek leave of Court to amend this
24
Complaint in that regard Furthermore SMITH alleges that like or related acts in
violation of FEHA
have occurred after the filing of the DFEH claim on or about October 24 2012 which are encompassed
2E
in the allegations of this complaint Okoli v Lockheed Technical Operations Co 1995 36
4th 1607 1614

App
Ca1
1615
059758
h
068
058
pleadings
do
complaint2
cx
17
MPLAIN
C
I
48
SMITH is informed and believes and thereon alleges that between October 2012
and the present DEFENDANTS and each of them knowingly and willfully conspired and agreed
among them to cause SMITH to be demoted because of her medical condition physical disability and
or
mental disability and due to her taking FMLA leave and to deprive SMITH of the benefits and
privileges of her employrnent as described herein In so doing DEFENDANTS and each of them
violated the fundamental substantial and well

established public policies embodied in Government
Code section 12940

i
by aiding abetting inciting compelling or coercing the doing of any of the acts
forbidden under Government Code section 12940 subsections a and c or by attempting to do so
49
As a direct and proximate result of REDLANDS willful knowing and
10
intentional violations of the Fair Employment and Housing Act FEHA by discriminating against
11
SMITH based on medical condition and her taking FMLA leave and by using discrimination as a
12
wrongful basis for demotion and for failure to train and by their failure to take all reasonable steps
13
necessary to prevent discrimination as herein below alleged SMITH was demoted and was damaged
14
thereby in a sum according to proof with interest thereon at the legal rate allowed
15
50
As a further direct and proximate result of DEFENDANTS and each of their I
16
willful knowing and wrongful demotion and failure to take all reasonable steps necessary to prevent
17
discrimination as herein described SMITH has suffered and will continue to suffer pain extreme and
18
severe mental anguish and emotional distress SMITH has incurred and will continue to incur medical
19 I
expenses for treatment by psychotherapists and other health professionals as well as far other incidental
20
expenses SMITH has suffered and will continue to suffer loss of earnings and other employment
21
benefits and job opportunities SMITH is thereby entitled to general and compensatory damages in
22
amounts according to proof

51
231
As a further direct and proximate result of DEFENDANTS and each of their
24
violations of Government Code section 12940 subsections a and c as more fully described herein
25
SMITH has been compelled to retain the services of legal counsel in an effort to enforce the terms and
26
27
I
conditions of the employrnent relationship and has thereby incurred and will continue to incur legal
fees and costs the full nature and extent of which are presently unknown to SMITH who therefore will
059758
h
068
058
pleadings
do
complaint2
X
Ig
COMPLAINT
seek leave of Court to amend this Complaint in that regard when the same shall become known to her
SMITH requests that attorney and expert witness fees be awarded pursuant to Government Code section
II 12965
SECOND CAUSE OF ACTION

25 Inclusive
Wrongful Harassment in Violation of Government Code Section 12940 Subsection a and j
52
PLAINTIFF SMITH re
alleges Paragraphs 1 through 51 of the Complaint above
53
While working for REDLANDS as more fully described above in the General
1C
Allegations SMITH was subjected to unlawful harassment based on her medical condition physical
11
disability and
or mental disability starting upon her return from FMLA leave on or about October 15
12
2012
adopted by the DEFENDANT REDLANDS The harassment included but was not limited to
The harassing conduct was committed by CARDENAS and was ratified approved or otherwise
14
A demotion based on PLAINTIFF

s medical condition and based
upon
lE
performance as more fully described above
li
1F
leaving her to her own devices to seek the knowledge to do her job
15
competently but also subjecting her to criticism and a disregard of her
efforts when SMITH did so
2l
2q
2E
including a computer needed to complete her work
PLAINTIFF
taking
FMLA
leave
and
not based upon
her
A refusal to train SMITH for the job that she was promoted to
059758
h
068
058
pleadings
do
complainl2
X
19
COMPLAINT

abundance of work assignments
A lack ofwork assignments going to SMITH including sometimes
recommended for City of REDLANDS Employee of the Year by
CARDENAS
Giving
SMITH
meaningless
tasks
or
and
tasks
that
would
10
otherwise go to lower level employees
11
12
assignments
13
14
15
and negatively responding to SMITH

sdesire for clarification stating that
16
as a Senior Administrative Analyst she should not need to be micro
17
managed and that his instructions were clear enough and
18
19
be responsive to inq
uiries made pertaining to the functions of her job or to
20
clear up an issue related to the work and then accusing her of being non
21
responsive or elusive and penalizing her for not being able to answer the
22
inquiries based on the information not being available
23
54
Giving SMITH unclear and ambiguous instructions making work

virtually
impossible
to
adequately
complete
while
Taking work materials away from SMITH that would allow her to
These discriminatory practices as well as those described in the General
24
Allegations above created a hostile work environment in which individuals that took FMLA leave for
25
medical reasons were subjected to disadvantageous terms conditions and

or privileges of employment
26
based not on the content of their character but on their medical conditions physical disabilities and
or
27
mental disabilities This hostile working environment adversely affected other persons working at
g
os9
i
oba
ss
058
pleadings
do
complaint2
x
20
COMPLAINT
1 REDLANDS This hostile wark environment ultimately resulted in the actions against SMITH described
I above as well as her demotion from her position as Fleet Services Administrative Coordinator
55
31
Government Code Section 12940

a embodies fundamental substantial and well
established public policies of the State of California By engaging in the discriminatory activities and by
maintaining the discriminatory policies practices and procedures more fully described above and more
specifically by demoting failing to properly train berating isolating and retaliating against SMITH as
set forth above the DEFENDANTS violated the fundamental substantial and well
established public
policies embodied therein
56
Government Code section 12940

jpart of FEHA embodies fundamental
10
substantial and well

established public policies of the State of California By engaging in the harassing
11
conduct hereinabove described and by maintaining policies practices and procedures which promote
12 and do not
punish harassment
as more
fully
described
above DEFENDANTS
and each of them
13
violated Government Code section 12940

jand the fundamental substantial and well
established
14
public policies embodied therein
15
57
SMITH is informed and believes and based thereon alleges that between October
16
2012 and the present DEFENDANTS and each of them knowingly and willfully conspired and agreed
17
among themselves to cause SMITH to be harassed because of her medical condition physical disability
18
or mental disability and for taking FMLA leave and to deprive SMITH of the benefits and
and
19
privileges of her employment as described herein In so doing DEFENDANTS violated the
20
fundamental substantial and well

established public policies embodied in Government Code section
21
i
12940
by aiding abetting inciting compelling or coercing the doing of any of the acts forbidden
under Government Code section 12940 subsections a and j or by attempting to do so
23
58
SMITH is informed and believes and based thereon alleges that in addition to the
24
practices enumerated above DEFENDANTS and each of them have engaged in other practices in
25
violation of FEHA including Government Code section 12940 which are not yet fully known At such
26
time as said practices become known SMITH will seek leave of Court to amend this Complaint in that
27
regard Furthermore SMITH alleges that like or related acts in violation of FEHA have occurred after
059758
h
068
058
pleadings
do
complaint2
ox
21
COMPLAINT
the filing of the DFEH claim on or about October 24 2012 which are encompassed in the allegations of
this complaint Okoli v Lockheed Technical Operations Co 1995 36 Ca1

4th 1607 1614
App
1615
59
As a direct arid proximate result of DEFENDANTS willful knowing and
intentional harassment of SMITH based on medical condition and based upon taking FMLA leave and
by using discrimination as a wrongful basis for demotion and for failure to train and by their failure to
take all reasonable steps necessary to prevent discrimination SMITH was demoted and was damaged
thereby in a sum according to proof with interest thereon at the legal rate allowed
60
10
11
121
expenses for treatment by therapists and other health professionals as well as for other incidental
13
14
15
16
61
17
violations of Government Code section 12940 subsections a and i as more fully described herein
18
19
conditions of the employment relationship and has thereby incurred and will continue to incur legal
20
21 seek
22
leave of Court to amend this Complaint in that regard when the same shall become known to her
PLAINTIFF requests that attorney and expert witness fees be awarded pursuant to Government Code
23 section 12965
24
THIRD CAUSE OF ACTION
25

25 Inclusive
26
Wrongful Retaliation in Violation of Government Code Section 12940

h
27
62
PLAINTIFF SMITH re
alleges Paragraphs 1 through 61 of the Complaint above
059758
h
068
058
pleadings
do
complaint2
X
22
COMPLAINT
63
While working for the DEFENDANT REDLANDS and each of them as more
fully described above in the General Allegations the policies and procedures implemented by
DEFENDANTS created a custom and practice of discrimination and retaliation within REDLANDS in
general and QOLD in particular against individuals in QOLD when they reported discrimination I
harassment
were not limited to the following
or
other types of misconduct among other
things
The
retaliatory practices included

10
abundance of work assignments and giving assignments to other QOLD
11
workers that would otherwise have gone to SMITH
12
13
14
15
recommended
16
CARDENAS
17
18
taking FMLA leave and not based upon her performance as more fully
19
described above
20
21
22
23
24
25
26
including a computer needed to complete her work and
27
but
A lack of work assignments going to SMITH including sometimes
for City of REDLANDS
Employee of the Year by
s demotion based on SMITH

SMITH
s medical condition and
Giving
SMITH
unclear
and
ambiguous
instructions
while
g
059758
h
068
058
pleadings
do
complaint2
X
23
COMPLAINT
and negatively regarding SMITH

S desire for clarification stating that as
a Senior Administrative Analyst she should not need to be micro

managed
and that his instructions were clear enough
64

h part of FEHA embodies fundamental

established public policies of the State of California By retaliating against QOLD
workers when they reported discrimination harassment or other types of misconduct as more fully
described above DEFENDANTS violated Government Code section 12940

h and the fundamental
10
11

established public policies embodied therein
65
SMITH is informed and believes and thereon alleges that from August 2012 to
12
the present DEFENDANTS and each of them knowingly and willfully conspired and agreed amongst
13
themselves to retaliate against SMITH for engaging in protected conduct and to deprive SMITH of the
14
benefits and privileges of her employment as described herein In so doing DEFENDANTS violated the
15
fundamental substantial and well

established public policies embodied in Government Code section
16
iby aiding abetting inciting compelling or coercing the doing of any of the acts forbidden
12940
17
under Government Code section 12940 subsections h or by attempting to do so
18
66
19
practices enumerated above DEFENDANTS and each of them have engaged in other practices in
20
21
22
23
24

4th 1607 1614
App
1615
25
67
As a direct and proximate result of DEFENDANTS willful knowing and
26
I intentional violations of FEHA by retaliating against SMITH because she complained of harassment
27
or discrimination and by their failure to take all reasonable steps necessary to prevent
and
059758
h
068
058
pleadings
do
complaint2
x
24
COMPLAINT
discrimination as hereinabove alleged SMITH was disciplined and retaliated against and was damaged
thereby
in
a sum
according to proof
68
with interest thereon at the
legal
rate allowed
As a further direct and proximate result of DEFENDANTS and each of their I
willful knowing and retaliatory acts omissions policies practices and procedures and failure to take
all reasonable steps necessary to prevent retaliation as herein described SMITH has suffered and will
continue to suffer pain extreme and severe mental anguish and emotional distress SMITH has incurred
and will continue to incur medical expenses for treatment by therapists and other health professionals as
well as for other incidental expenses SMITH has suffered and will continue to suffer loss of earnings
and other employment benefits and job opportunities SMITH is thereby entitled to general and
10
compensatory damages in amounts according to proof
11
69
12
violations of Government Code section 12940 subsection h as more fully described herein SMITH
13
has been
compelled to retain the services of legal counsel in an effort to enforce the terms and conditions
14
of the employment relationship and has thereby incurred and will continue to incur legal fees and
15
costs the full nature and extent of which are presently unknown to SMITH who therefore will seek
16
leave of Court to amend this Complaint in that regard when the same shall become known to her
17
PLAINTIFF requests that attorney and expert witness fees be awarded pursuant to Government Code
18 I section 12965
19
FOURTH CAUSE OF ACTION
20

25 Inclusive
21
Wrongful Failure to Take Reasonable Steps to Prevent Harassment Discrimination and Retaliation in
22
Violation of Government Code Section 12940 Subsections j

1 and k
23
70
24
H re
SMIT
alleges Paragraphs 1 through 69 of the Complaint above and
incorporates them herein by this reference as if fully set forth hereinafter
25
71
While SMITH was working for the DEFENDANT REDLANDS as more fully
26
described above in the General Allegations DEFENDANTS and each of them failed to take reasonable
27
steps
to
prevent
harassment
discrimination
and
retaliation
from
occurring
Specifically
g
059758
h
068
058
pleadings
do
complaint2
X
PIi7
COMPLAINT
DEFENDANTS and each of them failed to appropriately train its employees in the methods by which
harassment discrimination and retaliation may be prevented Further DEFENDANTS and each of
them failed to properly investigate claims of harassment discrimination and retaliation within the
department and thereafter failed to appropriately discipline its employees who were known to have
committed acts of wrongful harassment discrimination and
or retaliation as more fully described above
These employees included CARDENAS
72

1 part of FEHA embodies fundamental
j

established public policies of the State of California By failing to take reasonable
steps to prevent harassment from occurring and further by failing to take immediate and appropriate
10
corrective action DEFENDANTS and each of them violated Government Code section 12940
1
j
11
and the fundamental substantial and well

established public policies embodied therein
12
73

kembodies fundamental substantial and well
13
established public policies of the State of California By failing to take reasonable steps to prevent
14
harassment and discrimination from occurring DEFENDANTS and each of them violated Government
151
Code section 12940

k and the fundamental substantial and well
established public policies embodied
16 therein
17
74
SMITH is informed and believes and based thereon alleges that between October
18
2012 and the present DEFENDANTS and each of them knowingly and willfully conspired and agreed
19
among themselves to cause SMITH to be demoted because of her

medical condition physical disability
20
or mental disability and because she took FMLA leave and to deprive SMITH of the benefits and
and
21
privileges of her employment as described herein In so doing DEFENDANTS and each of them
22
violated the fundamental substantial and well

established public policies embodied in Government
23
Code section 12940

i
by aiding abetting inciting compelling or coercing the doing of any of the acts
24
forbidden under Government Code section 12940 subsections j

1 and k or by attempting to do so
25
75
26
I practices enumerated above DEFENDANTS and each of them have engaged in other practices in
27
059758
h
068
058
pleadings
do
complaint2
ox
26
COMPLAINT
4th 1607 1614
App
1615
76
As a direct and proximate result of DEFENDANTS willful knowing and
intentional violations of FEHA and by their failure to take all reasonable steps necessary to prevent
discrimination as hereinabove alleged SMITH was harassed discriminated against and retaliated
against and was damaged thereby in a sum according to proof with interest thereon at the legal rate
allowed
77
1C
11
12
13
14
expenses for treatment by therapists and other health professionals as well as for other incidental
15
lE
17
18
78
19
violations of Government Code section 12940 subsections j

1 and k as more fully described herein
2C
conditions of the employment relationship and has thereby incurred and will continue to incur legal
seek leave of Court to amend this Complaint in that regard when the same shall become known to her
SMITH requests that attorney and expert witness fees be awarded pursuant to Government Code section
12965
2E
2
05975S
h
068
058
pleadings
do
complainQ
X
2
COMPLAINT I
11
FIFTH CAUSE OF ACTION
21

25 Inclusive
Interference with FMLA Right
79
SMITH re
5 incorporates them herein by this reference as if fully set forth hereinafter

6
80
DEFENDANTS and each of them violated SMITH

sFMLA leave rights in that
7 SMITH
s taking of FMLA
protected leave was DEFENDANTS motivating factor in its decision to
8 demote SMITH SMITH was retaliated against for taking FMLA leave and for filing a Workers
9 Compensation claim for work place stress caused by DEFENDANTS harassment of SMITH for
10 exercising her legal rights
11
81
As a proximate result of DEFENDANTS conduct SMITH has suffered and
12 continues to suffer humiliation emotional distress and mental and physical pain and anguish all to her
13
damage in a sum according to proof
14
82
SMITH has incurred and continues to incur legal expenses and attorney fees
15
SMITH is presently unaware of the precise amount of these expenses and fees and prays leave of Court
16
to amend this Complaint when the amounts are more fully known
17
SIXTH CAUSE OF ACTION
18

25 Inclusive
19
Discrimination under FMLA
20
21
83
SMITH re

84
22
SMITH is informed and believes and based thereon alleges that at the time of her
23
demotion and constructive termination SMITH

s exercise of her rights to take FMLA leave was a
24
motivating factor used by REDLANDS in acting as it did REDLANDS demotion of SMITH
25
placement of her in a back office out of contact with everyone else in QOLD the issuance of a negative
26
false and retaliatory performance evaluation and refusal to properly accommodate SMITH on another
27
job where she was not subject to harassment from CARDENAS and resulting in her constructive
059758
h
068
058
pleadings
do
complaint2
X
2g
COMPLAINT
termination were all motivated in part by her exercise of her statutory right to take FMLA leave
85
As a proximate result of DEFENDANT REDLANDS willful knowing and
intentional discrimination against SMITH for taking FMLA leave she has sustained and continues to
sustain substantial losses in earnings and other employment benefits
86
As a proximate result of REDLANDS conduct SMITH has suffered and
continues to suffer humiliation emotional distress and mental and physical pain and anguish all to her
damage in a sum according to proof
87
SMITH has incurred and continues to incur legal expenses and attorney fees
SMITH is presently unaware of the precise amount of these expenses and fees and prays leave of Court
1C
to amend this Complaint when the amounts are more fully known
11
SEVENTH CAUSE OF ACTION
12

25 Inclusive
Disability
14
88
SMITH
Discrimination
Reasonable Accommodation
alleges Paragraphs 1 through 87 of the Complaint above and I

re
lE
89
SMITH is informed and believes and based thereon alleges that REDLANDS her
li
employer failed to reasonably accommodate her medical condition physical disability and
or mental
lE
disability which among other things requires her to be in a work environment separate from QOLD
and CARDENAS who through discrimination harassment and bullying has caused and continued to
2C
cause humiliation anxiety depression embarrassment mental and emotional distress and discomfort
21
90
SMITH is informed and believes and based thereon alleges that REDLANDS her
22
employer knows of SMITH

scondition and has been informed of the necessity of an accommodation
23
in light of her medical condition physical disability and

or mental disability With this in mind both the
24
treating physician and the state qualified medical examiner have informed the Workers Compensation
Adjuster who in turn is required to notify REDLANDS stating that she would need to be placed in a
2E
department separate from the QOLD in order for her to return to work
2i
F
059758
h
068
058
pleadings
do
complainQ
X
COMPLAINT
91
In response REDLANDS Human Resource Department representatives informed
I SMITH that the City Manager and QOLD representatives including CARDENAS have been presented
with this request and have not approved it
92
Because of REDLANDS failure to accommodate the transfer which SMITH

s
doctors have confirmed is necessary SMITH has applied for a position confirmed available that would
represent a reasonable accommodation and which would allow her to return to work in a department
other than QOLD To this point REDLANDS has failed to provide an accommodation for SMITH that
would allow her return to employment with REDLANDS
93
SMITH has sustained and continues to sustain harm including but not limited to I
1C
II substantial losses in earnings and other employment benefits due to REDLANDS failure to provide I
11
II reasonable accommodations
12
for SMITH
REDLANDS failure to provide a reasonable accommodation I
to SMITH was a substantial factor in causing SMITH

sharm
13
EIGHTH CAUSE OF ACTION
14

25 Inclusive
15
Wrongful Discharge
16
17
94
SMITH
alleges Paragraphs
re
through 93 of the Complaint above and I
18
95
Under
FEHA
Government
Code
a it is an unlawful employrnent I
12940
19
practice for an employer because of the physical disability mental disability or medical condition of
20
any person to refuse to hire or employ the person ar to bar or to discharge the person from
21
employment or to discriminate against the person in compensation or in terms conditions or privileges
22
of employment SMITH belongs to the protected class

es above
23
96
Under FEHA Government Code
h it is an unlawful employment
12940
24
practice for an employer to discharge expel or otherwise discriminate against any person because the
25
person has opposed any practices forbidden under FEHA or because the person has filed a complaint
26
testified or assisted in any proceeding under FEHA
27 II
g
059758
h
068
058
pleadings
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30
COMPLAINT I
11
97
SMITH opposed practices at REDLANDS that were forbidden under FEHA
Furthermore on or about October 24 2012 SMITH filed a complaint under the FEHA for illegal
3
discrimination and retaliation based on her demotion following her return from FMLA leave on October
15 2013 At all relevant times herein including the time SMITH worked under CARDENAS prior to
her demotion on or about October 15 2012 SMITH was qualified at all times to perform her job
competently
other things SMITH

s nomination by CARDENAS for Employee of the Year an award SMITH
ultimately won
s job performance was excellent and satisfactory as demonstrated by among

SMITH
98
Since SMITH was placed on Worker

s Compensation
related leave on or about
10
June 7 2013 the treating physician and the state qualified medical examiner have informed the
11
Workers Compensation Adjuster that SMITH would need to be placed in a department separate from
121
the QOLD in order for her to return to work
131
99
SMITH is informed and believes and based thereon alleges that the Workers
14 Compensation adjuster is responsible for informing and has in fact informed REDLANDS of the same
15 and therefore REDLANDS knows of SMITH

s medical condition physical disability and
or mental
16 disability
and the related need for her accommodation to return to work
Specifically SMITH
s
17 medical records document that she has suffered significant harm including humiliation emotional
18 distress and mental and physical pain and anguish because of CARDENAS
and therefore would not be
19 able to be in a job where she would have contact with CARDENAS

20
211
100
In response to information pertaining to SMITH

scondition and related need for
accommodation REDLANDS Human Resources representatives have informed SMITH that the City
22 Manager and QOLD representatives including CARDENAS Have been presented with this request and
23
24
have not approved it

101
Because of REDLANDS failure to accommodate the transfer that SMITH

S
25
doctors have confirmed is necessary SMITH has applied for a position confirmed available that would
26
represent a reasonable accommodation and which would allow her

to return to work in a department
27
other than QOLD To this point REDLANDS has failed to provide an accommodation for SMITH that
g
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COMPLAINT
1 would allow her return to employment with REDLANDS

I
102
s termination or constructive termination is wrongful because it is in

SMITH
retaliation for SMITH

s taking of FMLA leave her FEHA claim filed on October 24 2012 her

on SMITH
sbehalf the grievance filed on October 17 2012 a complaint by SMITH to her union
representative on or about April 3 2013 and

orher grievance filed on May 6 2013 Furthermore other
workers at REDLANDS that were not in the protected classes above i

e without a medical condition

ar mental disability were kept in their positions and
or the position
sSMITH
sought that would accommodate her have been filled by an individual or individuals that were without a
10
medical condition physical disability and

or mental disability making them a member of the protected
11
class There is therefore a presumption of discrimination based on inter alia McDonnell Douglas Corp
12
v Green 1973 411 U

S 792 Guz v Bechtel Nat
lCorp 2000 24 Ca1
4th 317 354 and Mixon v
13 Fair
14
Employment
103
Housing Com 1987 192 Ca1

3d 1306 1318
App
SMITH further alleges that REDLANDS termination or constructive termination
15 of SMITH was in violation of FEHA because it prohibits the demotion termination harassment and
16 retaliatory conduct against an employee based on medical condition physical disability or mental
17 disability among others
104
18
As a direct foreseeable and proximate result of REDLANDS wrongful
19 termination of SMITH in violation of FEHA SMITH has lost and will continue to lose income and
20 benefits and has suffered and continues to suffer humiliation embarrassment mental and emotional
21
distress and discomfort all to SMITH

s damage in an amount in excess of 150
00 the precise
000
22
amount of which will be proven at trial
23
24
WHEREFORE PLAINTIFF SMITH prays that

judgment be entered in her favor and
against DEFENDANTS and each of them as follows
25
26
interest thereon at the legal rate from the date of the damages
27
For general and special damages according to proof at trial with
For incidental and coincidental damages according to proof at trial
059758
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COMPLAINT
agents servants and employees and each of them to show cause if any
they have why they should not be enjoined as hereinafter set forth during
the pendency of this action and
permanent injunction enjoining DEFENDANT REDLANDS and their
agents servants and employees and all persons acting under in concert
with or for them from
For an order requiring the DEFENDANT REDLANDS and their
For a temporary restraining order preliminary injunction and a
10
SMITH
Subjecting
to
and
inappropriate
unwarranted scrutiny during the performance of their

0
1 1
duties
12
13
of
14
REDLANDS
15
16
discipline on QOLD employees including but not limited
17
to CARDENAS who are found to have engaged in conduct
18
which is discriminatory harassing or retaliatory
19
20
improper
21
medical condition or any other improper basis as set forth
22
in the Fair Employment and Housing Act Government
23
Code section 12940 et seq

e
Failing arid refusing to properly investigate claims

discrimination
harassment
Failing
Making
and
refusing
any
to
retaliation
appropriately
employment
considerations
Attempting
to
and
including
decisions
without
at
impose
based
on
limitation
terminate demote discipline
or
25
otherwise take any adverse employrnent action against
26
SMITH without first referring the matter to an impartial
27
tribunal for investigation and review
059758
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X
33
COMPLAINT
Harassing
considerations
SMITH
including
based
without
improper
on
limitation
medical
condition physical disability and

or mental disability or
any
other
improper
basis
set
as
forth
in
the
Fair
Employment and Housing Act Government Code section

12940 et seq
g
Discriminating against SMITH based on improper
considerations
including
without
limitation
medical
condition physical disability and

or mental disability or
1C
any
11
Employment and Housing Act Government Code section
12
12940 et seq
13
14
discrimination harassment or retaliation or other types of
15
misconduct or when opposing any practice forbidden by
16
the Fair Employment and Housing Act Government Code
17
section 12940 et seq and
18
19
her from positions of authority and making difficult and
20
demeaning assignments to SMITH
other
improper
basis
22
attorneys and expert witness fees and
23
24
proper
26
in
the
Fair
Placing SMITH on administrative leave removing
DATED
forth
Retaliating against SMITH when she reported
21
25
set
as
For costs of suit and interest incurred including reasonable
For such other and further relief as the Court may deem just and
l
1
2013
BORTON P T INI LLP

By
Daniel L
27
erguson Esq
Joseph L Richardson Esq

Attorneys for Christine Smith
g
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COMPLAINT
9F
of R
dlands
City
Fa
ax
a
T
A
s
T
t
i
ELIGIBLE FOR MERIT INCREASE
YES
No
RECOMMEND REGULAR STATUS
YES
No
EXTENSION OF PROBATION
YES
NO
NaME
s
c
t
cr
i
ss
t
Y
i
4
F
Si
c
iY
x
a
a
6
S
an
x
r
x
4C
e
a
HIRE DATE
NAME
TOdd
HOUSIey
2006
15
11
2009
15
05
S
MO
x
as
t
S
q
a
Ar
x
d
r r
rb J
i
f
a
r
i
z l3i
i
xs
s
n
tW
n
x
aa
d
h
a
J
v
ti
4a
3
2
1
nlu
a
rc
w
i
vla ae
ls
Administrative Assistant II
DEPARTMENT
Quality
of Life
LAST EVALUATION DA
10
15
06
EVALUATED BY
To OS
2010
15
LENGTH OF EXTENSION
IOBTITLE
Christine Smith
S
SUPERVISOR
FrtbM
EVALUATION PERIOD
38
EVALUATION SCORE
Administration
2009
15
OS
04
P12
IN
Todd Housley
DEFINITION C
F RATINGS
EXCEPTIONAL 5 Consistently exceeds all relevant performance standards Provides leadership fosters teamwork is highly productive
innovative responsive andgenerates top quality work Active in industry
relatedprofessional and
orcommunity groups
EXCEEDS EXPECTATIONS 4 Consistently meets and often exceeds al relevant periormance standards Shows initiative and
versatility works collaboratively has strong technical interpersonal skills or has achieved significant improvement in these areas
MEETS EXPECTATIONS 3 Meets all relevant performance standards
BELOW EXPECTATIONS 2 Sometimes meets the performance standards Seldom exceeds and often falls short of desired results
Performance has declined significantly or employee has not sustained adequate improvement as required since the last performance
review or perlormance improvement plan
NEEDS IMPROVEMENT 1 ConsistentlV alls short of performance standards
INSTRUGTIQNS
illustrate
iher ar lower than
SCORE
GOMPETENGY
QUALITY
Completes high quality work according to specifications Thoroughly follows standards and procedures Keeps complete
records Pays attention to details Has a strong sense of quality and knows how to achieve it
Christine understands that accuracy is vital to keeping tasks efficient ShefoUows established procedure and
rocuses on quauty
DESIRE TO IMPROVE 1
UALITY
Continually looks for ways to improve and promote quality Applies feedback to improve performance
Christine is constantly looking for ways to irnprove processes and make herselfmore productive to the
3 OB KNQWLEDGE
Possesses skills and knowledge to perform the job competently
Christine knows herjob well and assists in tasks that help in all areas of the Department She takes on new
assignments with initiative
4 COMMUNICATION
4
Organizes and expresses ideas and infonnation clearly using appropriate and efficient methods of conveying the information
The Qualilv of Life Deparhnent
ields several calls and severy
mai
e
day C
tristine dissects i
rmation quick
Revised
February 4
2009
and transfers it to the
appropriate
yee
e
or department quickly
INTERPERSONAL SKILLS
Is sensitive to the needs feelings and capabilities of others Approaches others in a non
threatening and pleasant manner and
treats them with respect
sfirst instinct is to jump into new projects and challenges witfz 100 effort However her personal
Christine
desire for results is sometimes interpreted as zostile or rude As her supervisor I recognize this initiative and
desire or what it is but Christine needs to be aware o the inte
6
retation and ad
ust her behavior accordin l
CONFLICT RESOLUTION
Expresses alternative points of view in a non

threatening way Knows when it is appropriate to compromise and when it is
important to take a stand
Christine treats all customers and sta
members with res ect
7 TEaMwoR
c
Works on projects as part of a team exchanging ideas and contributing skills that complement those of the other team
members Fulfilis commitments to team members
Christine gravitates to eadership roles and often volunteersfor City

wide efforts requiring parlicipation from
all de artments
ETHICS
Maintains high level of character and a professional attitude Is able to conform and promote the City
s standards of conduct
INE
1N1TIA
Jr
Strives to learn and improve Seeks out ways to better themselves and the City Takes on responsibilities Does not remain idle
is hard working Self

motivated
s initiative is among her best qualities as an employee Other departments itave recognized this quality
Christine
and provided positive feedback when she works on collaborative projects
Total
SUMMARY CUMMENTS The Quality of I

ife Department cs one of
the largesf City deparfinents wifh many
Score
disparateresponsibililies and tasks Ch

ristine thrcves in th
sdynamic environmenl a
ul can keep up wilh tlz
e
pace Chresnne is also taking courses in pursuit of a B A
38
INSTRUCTiONS FOR NEW G

O
ldentify a minimum of two new objectives These objectives must be those that the employee understands they
are to accomplish over the coming year and address the following
1
2
Any one of the subjects under Personal Attributes listed above
Project Goals specific assignments to participate in or manage ongoing or future projects When setting
project oriented goals outline the scope of the role the employee is to play lists resources and completion
time frame and define fhe desired result
mt
M
m
U
wr
e
n
a
v
s
t
lri i
c
pu
x
a
Sk ltir
S
fH
a
t
x
z
eP
i
te
Improve attendance and refrain from being away from desk and front area during working time
lmprove setting up files and staying on top offiling
reimportant information and tasks with other Adminislrative Assistants to ensure all Administra
Sha
iveStaff is
k sr
F
A
thoroughly trained in all Quality ofLcfe functions

4
5
INSTRUCTIQNS FOR RATING RAST E

sOALS
Evaluate pastgoals by assessing the aaomplishments achievedin each
cateQOrv Enter additional past goals to a maximum of S in total
Continue to
improve
her communication skills to be more tactful
Improvement
noted 4
2
With supervisory approval transition into confidential tasks and other tasks formerly
retired
tly
performed by recer
3
4
Senior Admin
Christine has exceiled in this goal 5
improve attendance This area needs to be improved 3

Improve setting up files and staying on top of filing Christine has improved in this
Continue to
area as much as to be expected with current staffing levels 4
2 of 3
Revised 4 2009
February
All of the managers in the Quality of Life Department recognize Christine

sabilities and
can rely upon her
as a valuable member of the Quality of Life team
w
Q
I agree with this evaluation

I do not agree with this evaluation Please attach a separate sheet if necessary
rastane
mct
Date
Employee Name
Todd Housley
Rater Name
Z7 n
io
Z7
Date
ro
r Quality of Life Director
Date
Debbie Scott
Leistra
Human Resources Director
3 of 3
Date
Revised February 4 2009
e
t
rfurrn
City of Redlands
PERFORMANCE APPRAISAL
Font
Font
Print Form
Employee
Christine Smith
Hire Date
2006
15
11
Position
Department
Quality oF ife Department
Division
GENERAL
Location
Review Period
2010
15
OS
2011
14
OS
Appraiser
Cardenas Fred
Administrative Assistant II
100
Appraisal Overview
Factor 100
Accountability
Adaptability
Attitude
Communication
Dependability
Ethics
ob
Knowledge
Leadership
Goal O
13
13 ao
13
13
12
lZ
12
iZ
Performance Factors
Accountability
13
Summary
Weight Rating
100
Appraiser
Score
00
4
00
4
00
4
00
4
The degree to which one is answerable and responsible for actions

and performance either individually or on a team
Employee
Total
00
4
Factor Rating Details

1 Unacceptable
2 Needs Improveme
t
3 Contributor
Does not demonstrate follow

through
Occasionally shirks responsibility or is
Generally is accountable for actions of
Frequently makes excuses or does not
not accountable for actions Doesn

t
self or team Usually assumes
accept responsibility for one

s own
always meet deadlines Improvement
responsibility for assignments and
actions
is needed i recognizing areas of
timelines
responsibility
4 Valued Performer
5 High Performer
Frequently is conscie
tiousabout
Always is totally accountable for the
being answerable and accountable for
performance and actions of self or
the actio
s of self or team
Can be
team Completely understands job
counted on to meet responsibilities
requirements and works in
and timelines
accordance with expectatio

s
Assumes full responsibility for duties

assignments and timelines
Q Comments
Appraiser Comments Christine takes complete esponsibility for her personal and team related tasks and assignments She
meets her deadlines and comes into the o
ce on her days off takes
makes phone calls on her days off and coordinates with
other divisions and departments after hours and on her days off She also takes full responsibilities for her actions and expects
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rerrormance rro
to
ra
be held accountable when
the
result is not met Christine has worked on Airport repaT the 911 event at the Redlands
bowl the Redla

ds median and other projects on her days off
Employee Comments
13 a
Adaptability
Weight
Summary
100
Appraiser
Rating
Score
00
5
00
5
00
5
00
5
The degree to which one demonstrates openness to change and new

Employee
ideas Ability to adjust to changing work requirements and respond

to new situations
00
5
Tota I

i U
acceptable
2 Needs Improvement
Negative toward change Reluctant or
Demonstrates
unabie to adapt to new situations
change Can adapt
Frequently resists change causing
but only
when
3 Contributor
general
to
resistance to
new
situations
forced
Generally not resistant to change

Can adapt to many situations
requiring a detour from established
procedures if given reasonable time to
problems and delays
adapE
Valued Performer
Adjusts
well
to most
5 High Performer
situations
Fits well into virtually any
or
changes Supportive and proactive
in
assignment Utilizes new ideas to
effecting changes and improving
improve operations Seeks to
processes
effectively assimilate change into

productive processes
Comments
Appraiser Comments Christine accepts all assicjnments given to her regardless of the nature of the tasks She is a very quick
study and needs little supervision to accomplish her assignments She has adapted well to all of the Airport Grove Recreation
Parks Cemetery and other division assignments She is creative and resourceful in completing her assignments and tasks For
example the RMC was rarely used to make policy decisions Now Christine does not have to be told to look up policies and
codes she automatically researches them She never complains when we have task and assignment priority changes
Employee Comments
13
Attitude
Weight Rating Score
Summary
100
Appreiser
00
5
00
5
00
4
00
4
The degree to which one is positive co

structive and supportive
toward customers
employees and the company The level of
enthusiasm and commitment demonstrated in
job performance
Employee
00
5
Total

1
Unacceptable
Almost
always displays
2 Needs Improvement
a
poor
attitude toward customers
employees
behavior
or
the company
Negative
demoralizes others and
3 Contributor
Frequently demonstrates a poor
Demonstrates constructive and
supportive behavior in most
employees or the compa

y Negative
situations Pe job duties with
impact on others is noticeable
adequate commitment
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adversely impacts the
company
Immediate change is necessary
4 Valued Performer
Sustains
attitude
5 High Performer
constructive
in most
supportive
situations ob
commitment and
Always demonstrates positive

constructive supportive behavior
enthusiasm
Projects enthusiasm and commitment
motivate others
in all aspects of job performance

Consistentiy motivates others
Comments
Appraiser Comments Christine always has a positive attitude about the department and the City as a whole She has good
constructive alternative solutions when things don
t
go as planned She is a team player that goes out of her way to counsel
employees and to let them know what is expected from them She has been instrumental in working with the Etectrical Division
on copper wire thefts She has always made herself available to go out into the filed to gather information collect data a
d
interview crew members on projects and proqrams tike the street repairs and disposal routes
Employee Comments
Communication
lgo
Summary
Weight
100
Appraiser
Rating
Score
00
4
00
4
00
5
00
5
The ability to effectively converse and listen to others concerning

company matters The
use
of proper written and
Employee
grammatical skills
and the meaningful applicatio of computer technology e

mail
Total
Internet etc
00
4
0 Factor Rating Details

1
Unacceptable
2 Needs Improvement
3 Contributor
Communication skills are lacking in
Communication and listening skills are
for teaching Immediate improvement
some areas Verbal communication
good Effectively uses some available
is necessary in
skills of listening and speaking
communication technology Written
impede job performa

ce More
documents convey information
effective use of communicatio
appropriately
Communication skiils
one
are
inadequate
or more
key
areas
listening speaking writing using

communication technology
technologies is needed Written

documents do not convey information
clearly
4 Vaiued Performer
5 High Performer
Communicatio skills are very good
Communication skills are superior
Liste and interpersonal skills are

ing
above average Effectively uses most
Listening and i
terpersonai
available communication technology
communication skills stre

gthen
others Effectively uses ali available
Written documents are usually clear
ication tech
commu
ology Written
and concise
documents are clear concise and

constructed
well
Comments
Appraiser Comments Christine communicates with staff in a variety of ways she is skilled at writing staff reports she is well
versed in technology such as computers and appropriate software The field staff relies on her to produce memos letters and
spreadsheets She is expanding her computer knowledge into the RTA system fo Fleet Christine is leaming the art of listening
for the purpose of gather information for use on her tasks and assignments
Employee Comments
Dependability
iZo
Summary
Appraiser
Weight
100
Rating
Score
00
4
00
4
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Performance Pro
The
rage 4 or i
through on assignments
degree of follow
The
degree to which
00
4
Employee
00
4
the employee can be counted on to complete assignments in a timely

and
competent
manner
The
degree to which the employee is self
Total
00
4
directed takes initiative and is proactive

2 Needs improvement
3 Contributor
Dependability is a problem Lack of
Can usually be counted on to
through or unwillingness to
follow
complete assignments correctly and
complete tasks frequently leaves
complete tasks occasionaliy leaves
in a timely manner A few exceptions
other staff inembers in adverse
other staff inembers in adverse
may occur
Unacceptable
Dependability
is
through
Follow
situations
take
on
or
or
willingness to
u
requires other staff
additional
Absenteeism
significant
problem
to
responsibilities
excluding Iegaliy
situations or requires other staff to

take on additional responsibilities
Absenteeism excluding legaliy
required leave has impacted job
performance
performance
Valued PerFormer
Can be counted
assignments in
manner
on
a
to
S High Performer
complete
timely and thorough
Consistently
meets
or
exceeds expectatio
s
Always completes assignments timely

and thoroughly Frequently works
beyond expectations demonstrating
exceptional initiative
Comments
Appraiser Comments Christine is very dependable She is always available to assist in ail divisions of the department and
tasks and assignments that belong to others Christiane sometimes takes on more than she should but stays late to finish her
own deadlines At times I have had to hold Christine from helping others to avoid determent to her own assignments Christine
takes on the task of following up with Supervisors as to completions of projects promised to residents
Employee Comme
ts
Ethics
12
Weight
Summary
100
Appraiser
Rating
Score
00
4
00
4
00
4
00
4
The level of trustworthiness character professionalism

confidentiality and honesty i dealing with internal or external
Employee
customers
00
4
Total

1 U
acceptable
2 Needs mprovement
3 Co
tributor
Violations of the company

s ethics
Is a trusted and honest employee who
policy have occurred or misconduct
Although not yet serious some

concerns regarding ethics have
relative to ethical situations is
occurred and need to be dealt with to
on ethics and tries to abide by the
deemed serious
prevent further problems Such

incidents may be a result of lack of
established guidelines A
y
confidentiality or poor judgment
but occurs because of lack of
understands the company

s standards
indiscretion wouid not be intentional

understanding
4 Valued Performer
S High Performer
The individual demonstrates a high
The individual is above reproach
level of ethics in dealing with both
Honesty trust and ethical behavior
intemal and extemal customers Is
are exceptional in all business
honest and trustworthy i all business
relationships
dealings Confidentiality is
consistently demonstreted
Comments
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Appraiser Comments Christi e has never shown anything but a high level of ethics Sh
is honest and courteous with
residents and customers She was instrumental in bri

ging the Recreation Division
s questionable practices into check
Employee Comments
ob
Knowledge
o
iZo
Summary
Weight Rating
100
Appraiser
Score
00
3
00
3
00
4
00
4
The depth and breadth of know

how to perform essential duties and
Empioyee
functions of the job The level of compliance with degree

certification and training requirements Understanding of how
Total
00
3
individual job performance furthers organizational objectives

Willingness to update and expand skilis knowledge and training
1 Unacceptable
2 Needs Improvement
3 Contributor
Does not understa

dor perform the
Lacks sufficient know

how to do
Possesses sufficient know

how to
tial duties and functions of the

esse
assigned tasks May not have a
understand and perform the essential
positionin significant
complete onderstanding of essential
duties anii
FuncEions of Ehe posifion
performance problems Training
duties and functions of the position
Meets degree certification and
certification and
or degree
May lack full awareness of how job
requirements have not been met
performance impacts the
training requirements Possesses a

general knowledge of department
Fails to understand how marginal job

knowledge and poor performance
organization May have failed to

update training certification a
or
d
impac organizatio
al
operations
degree requirements
4 Valued Performer
5 High Performer
Demonstrates strong job knowledge

d ability in performing the essential
a
Demonstrates extremely broad and
duties and fu
ctions of the position
ability in performing the essential
Meets or exceeds degree

certification and treining
requirements Understands role within
functions and company operations

Updates skills training and
certifications as required
deep job knowledge and exceptional

certification and
or training
the organization and how

performance of assigned duties
requirements Thoroughly
impacts the company

s success
responsibilities relative to
Pursues ongoing treining and

development to improve job
organizational goals and objectives

Has significant underscanding of
understands the significance of job
knowledge Has good understanding
related jobs and functions
of related jobs and functions
Aggressively pursues ongoing training

and development related to
expanding job knowledge and
effectiveness
0 Comments
AppraiserComments Christine has some very important historical knowledge of the department and the City She is very
knowledgeable in her previous position However she is has bee promoted to Senio Administretive Analyst and has a lot to
learn She is very quick to learn and very keen as to where and how to apply her newfy leam knowledge There is no doubt that
within the next few months she will exceed my expectations o her new job knowledge She needs to concentrate on her
knowledge and interpretation of the RMC and state codes
Employee Comments
Leadership
o
120
Summary
Appraiser
Weight Rating
100
Score
00
4
00
4
00
4
00
4
The ability to effectively lead others in achieving stated duties and

assignments The degree to which the manager demonstrates
Employee
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com
hrnonline
perfpro
cityofredlands
viewtype 10
rage b or i
Performance Pro
i
positive example
in
leading staff toward achievement of company
00
4
Total
goals and mission

2 Needs mprovement
3 Contributor
Completely lacks ability to guide
Ability to guide others is limited due
Focus a
d directio is good and
others due to lack of
to lack of effort desire vision or
usually consistent with desired
positive attitude Leadership skills are
results Leadership skills are adequate
inconsistent with company values
but further development may be
Unacceptable
vision
skills
or
are
positive
effort desire
attitude
Leadership
inconsistent with company
needed Generally shares company
values
values and demonstrates a positive

attitude toward organizational
objectives
5 High Performer
Valued Performer
Shares and
and
promotes company values
leadership Encourages and

others
as
Seen as an exemplary role model

contributor and leader Holds self and
goais through effective

mentors
needed
others accountable to high standards

Inspires associates to higher levels of
performance
j Comments
Appraiser Comments Christine has shown good leadership skills However she must learn when to apply them At times she
is too eager to take over at meetings or on projects without first having listened to all of the information In the last seven
months she has very skillfully learned when to speak up a

d when to liste She has a very natural and assertive quality in
directing staff
Employee Comments
14
4
Performance Factors Total Score
Goal Performance
j Goal Rating Details

1 Not addressed
2 Incomplete
3 Progress
Little or no progress has been made
Marginal progress has been made but
toward completion of this goal
major aspects of the goal are
Significant progress has bee made in

completing major aspects of the goal
incompiete
4 Complete
S Exceeded
All major aspects of the goal have
All aspects of the goal have been
been achieved Performance met
achieved Performance exceeded
expectations
expectations
00
0
Goai Performance Total Score
Future Goals
College Goal
50
Action Steps
Oue Date OS
2012
14
Continue to progress on your Bachelor

sdegree
Budget Status Reports
a
25
Action Steps
2012
18
viewtype 10
l
printview
php
viewappraisal
com
hrnonline
perfpro
cityofredlands
https
lG11V1111QLll 1
lV
Oue Date OS
2012
14
Spreadsheet that account for the program project budget It shows
portions of the budget that have been expended and the remaining
budget
Cost Centers
25
Action Steps
Due DaYe OS
2012
14
Detailed reports of expenses for individual divisions
Summary Comments
Summary Comments
Appraiser
Employee I am competent in my ever changing job duties Ask questions when I need clariFication
I am flexible in what I am able to produce and many times put the departments needs before my own preferences
I have historical knowledge and perform diligent research on matters that I am not familiar with
I work well with others in the department and attempt to assist them in matters where requested
I have created a variety of detailed spreadsheets which analyze a broad variety of departmental information
I have created a variety of information tracking sheets for the department
Final Score Calculation
Totals
Performance Factors
14
4
Weight
100
Score
Performance Rating
14
4
14
4
Valued Performer
Performance Goals
00
0
00
0
Completed 05
2012 at 2
10
43 pm
j By signing below the Employee and Appraiser

sacknowledge that this Performance Appraisal has been discussed
Taffect
i
hey each
understand that this appraisal is not a contract but an evaluation of performance andshe
therefore
does not
the employee relationship If the Employee disagrees with the contents of this appraisal he
may check the
j following box and attach an explanation of that disagreement
j Admi
istrator Shear Ashley
Actio
Signature
Signed Date
Smith Christine
2012
10
05
6
4
5 pm
Remove E
sianature E
sianature not required
2012
10
05
3
3
6 pm
Remove E
sianature E
sianature ot required
Employee
Cardenas
Fred
Appraiser
2012
18
https
l
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cityofredlands
viewtype 10
EXHIBIT B
Pt
g
sc csr
n
s
cc
E
c
e
rP
pa
m
W
0
iYl
cit of Re
s
x
zc i
Human Re
s Denartment
ourc
CITY OF REDIANDS
NOMINA710N FORM
This nomination is for
X
ErwPiovee oF
rHe YeaR
Administrative
Examples Administrative Assistants Secretaries Analyst Technicians

EnnPlOrree oF rtiE Y
art
Technical
Professionai
Examples Engineers Librarians IT

EMPLOYEE OF 1TIE YEAR Safety
Examples Sworn Fire and Police
EMPLOYEE OF THE YEAR
fl@Id
Examples Water Streets Trees Maintenance Solid Waste Electrical etc

MPCOYEEOF THE YEAA
MANAGER OF THE YEAR
tIR1e
PaYC
Admillistrative
Examples Project Manager Risk Manager

Technicaf
Professionel
Ett oF THe Yeatt

Mnntn
Examples Engi
eering Ma
agers Principal Librarian Senior Planner Supervisors
S3fety
MANAGER OF THE YEAR
Examples Police Lieutenants Battalio Chiefs

MAfVAGER OF THE YEAR
FIEId
Examples Operations Managers Water Oistribution Superintendent

INTERfd OF 7HE YEAR
VOIUNTEER
sName ChrlStlfl@ Sflllth

Nominee
Oivision QUa
Department
lty Of LIfO
o Senior Administrative Analyst
t
Pos
Please state why your nominee should receive this award i
e service beyond job requirements exemplary service to the
public other significant fadors Attacfi additional information if necessary Please cite specific examples
Christine cansistently demonstrates an ability above and 6eyond her current posltion as SeniorAdministrative Analyst She is frequently
ca
edupon
to perform tosks rha
represent hersuperior ana
ytical skills She seeks and frnds solutians to challenges daily and has an
exceptionally positive aKitude She seeks new esponsibilities lrrespectNre of rewardor recognition She s defermined and decisive in the
asks she is given to accomplish
She demonstrates her capability of 6uilding and implementing sophisticated plons and pro
ects During this year she has shown he
reliab rn meet
ity
ng the departmenPs objectives In QoC induding creation of the QoL
sfrrst perfo
mance standards and cost ofservice
ysis management ofQoL
ana
sbudget and c
eation of the QoL
sfirstoperaiians maintenance analysis and a reorganizatlon af
counTer servlces for alJ customer service reQuests from the Qualrty o Ufe department to ihe ane
Stop Permit Center Cf
ristine balances
the demands of her position agains the demands of school in addition She Aas proactive time management skills
tvom ey Fred Cardenas

ated
nQUa
Divisi
Department
lty Of LIf2
Work Phone
7583
798
909
Position reCtOC
Signature
Oate
Retam to Numan Resourcts

abethalohnson rto later than Thunday Qctaber 14 2011
7
Civic Ceater 35
Cajon Suite 10
PO Box Redlands
3005 GA
f Rea
artaS
Human Resources Der

artment
CITY OF REDLANDS
NOMINATION FORM
This is for
Smith
ChrisUn
EMPLOYEE F THE YEAR
Adn11nl5tfatlVe
Examples Administrative Assistants Secretaries Analyst Technicians

TeChnlCdl
PrOfe5510na1
Examples Engineers Librarians IT

Safety
Examples Sworn Fire and Police

EMPIOYEE OE THE YEAR
FIeId
ples Water
Exam
Trees Maintenance
Streets
SolidWaste Electrical
etc
EMPIOYEE
Of
THE YEAR
MANQGER OF THE YEAR
t1171e
Peft
atlVe
ACIrt11111St
Examples Projed Manager Risk Manager

ER oF rHe YEAR
MaNA
Technical
Professional
Examples Engineering Managers Principal Librarian Senior Planner Supervisors

MANAGER Of THE YEAR SefetY
Examples Police Lieutenants Battalion Chiefs
MANAGER OF THE YEAR
FIeICI
Examples Operations Manage

sWater Distribution Superintendent
INiERN Ui TWE Y
VOLUNTEER
AR
c
sName Christine Smith

Nominee
oi
t
eParcme
onQuality
is
of Life Department
Posicion Administration Analyst
Please state why your nominee should receive this awa
d i
e service beyond job equiremenu exemplary service to the
public other significant factors Attach additional information if necessary Please clte specf
lcexamples
The eason chose Christine Smith for this Awa
d is because as a AdministraYlon Analyst her fevel of experfence education and
knowledge is a g
eat benefir to the Quality Of Life Department always there until the wark is finished
Nominated By
Rene
Cal7TlOdy
work Phone 909

4113
798
orQuaiity of Life Department J So

s
oi
oepartment
id Waste Division
vy Equipment Ope
idWaste Driver Administration Asst
ator
2011
23
10
Date
Return to Numan Resaurces

TabethoJohnwn no later than Thunday Odober 24 2011
Civic
Center 35 Cajon Suite 10

PO Box 3005 Redlands CA
IXHIBff C
Cit Associates
mployees
CEA
2918 E 7 Street
Long Beach CA 90804
562 voice
6983
433
fax
1264
433
562
cea@cityemplo yeesnet
October 17 2012
Mr Enrique Martinez
City Manager
City of Redlands
35 Cajon Street Suite 200
Redlands California 92373
Subiect Grievance on behalf of Christine Smith Fleet Services Administrative

Senior Administrative AnalYst
Coordinator
Dear Mr Martinez
I am representing Ms Christine Smith in a complaint against the City of Redlands based on

the following violations ofher rights under law and contract
Harassing conduct possible gender discrimination
Retaliation for conduct protected by the Family Medical Leave Act and
California Family Rights Act
Violation of Skelly
rights
Probationary refurn for disciplinary reasons
The Department
s harassing conduct dates back to Ms Smith
s duties in the classification of
Senior Administrative Analyst and continues today with the probationary return Mr Fred
Carderas informed Ms Smith and me that he was returning her to her prior classification on
October 15 2012 for the many errors he accuses her of committing Mr Carderas
repeatedly claimed that Ms Smith was being terminated after seeking clarification as to
termination or probationary release Mr Carderas indicated that Ms Smith was being
terminated for the many errors she committed and that her permanent record would reflect
this termination in a negative way The City has an obligation under Skelly to provide a
disciplinary notice and appeal for the probationary return demotion when pursuing this
action for cause
The DeparhnenYs actions are not based upon error but rather as retaliation for Ms Smith
s
use of FMLA I informed Mr Carderas that we are grieving this action as retaliation for
FMLA and dispute that the probationary return is in fact being communicated as a demotion
for
cause
and in violation of Skelly
Our meeting on October 15 2012 constitutes the informal grievance process We are not
satisfied with the outcome and thereby advance the grievance to level three City Manager
The remedy we seek is
1 Tl1at Ms Smith
s job duties be returned to the pre
FMLA levels
2 That Ms Smith receive any back pay or benefits lost
3 That any evidence of the error or termination on her permanent record be

removed from her file and
4 That that the harassing conduct and retaliation immediately cease

We request a meeting with you to go over materials and information in support of this
grievance If our client
s work conditions do not improve this office will assist her in
seeking additional legal remedies
Respectfully
Mary LaPlante
Labor Representative
Human Resources
Board of Directors
CC Ms Harbert Chief of Police HR
EXHIBIT D
RY
A
FiECYCLED PAPER MADE FROM 209e POST CONSUMER CONTENT
m
u
X
W
Smith Christine
From
Smith Christine
Sent
Tuesday October 23 2012 4

42 PM
To
Cardenas Fred
Cc
Garcia Danielle chris

com Braun Kim
smith@yahoo
24
Subject
RE Assignments
1J
Attachments JEEP
SCOOTER COMPARISON
xIs
Fred
It is not my intention to make this project complicated however l do want to complete it accurately per
your requests and am unable to do that without discussing my steps and thought process with you to
ensure I am providing what you are looking for
I contacted Utility Billing and asked Debbie Butler for the number of ineters read throughout the City so
that I would be able to get an annual number of stops each meter is read 6 times per year for the meter
reading vehicles She said that today is her turn
off day so she would not be able to provide me this
information until tomorrow
Having the annual number of stops for the meter readers will allow me to convert the overall expense of
the scooters to a per stop cost per your request this information is shown on the attached spreadsheet
however this conversion is not compatible with the O
M cost estimates you requested I use for the
Jeeps
Per your instructions I am using costs associated with SUV

s operated by PD to represent possible O
M
expenses for the Jeeps The numbers being used represent the life of the vehicle Because the vehicles
are not used at the same frequency or for the same purpose if I tried to break down the mileage 70
109
into a per stop eounf the information would be very distorted
Please review what I have attached and let me know if this is what you are looking for The numbers
highlighted in yellow an the scooter tab are just a
filler and will be updated after 1 receive accurate
numbers from Debbie Butler I will revise this spreadsheet and re
forward at that time
St
i
e
tl
w
CI v
c of ed
t
ad
s
o
ewt
a f fe pepaYt
909 9g
ss
th@ci
i
csw
o
t
a
fredl oro
ds
v
From Cardenas Fred
Sent Tuesday October Z3 2012 12
22 AM
To Smith Christine
Cc Garcia Danielle chris
com Cardenas Fred
smith@yahoo
24
Subject Re Assignments
Christine
You are making this more complicated than what it is Simply take ali Qf the aetual costs for the scooters
capital repairs routine mainfenance and fuel and the total annual stops Stops equal the number of all
accounts meters read per week times 52 weeks a yea Take the estimate cost of the Jeeps see above
and the same annua stops for the scooters Annualize the cost of each and campare them If you have
any questions let me know
2012
23
10
Thanks
From Smith Christine

To Cardenas Fred

com
smith@yahoo
24
Sent Mon Oct 22 16
412012
17
Subject RE Assignments
Fred
it is my understanding that you wanted me to get a cost per mile for the scooters vs the Jeeps to determine if
they were an adequate purchase made by MUED
Per the email below I will incorporate the O

M information pertaining to the PD SUV
s to show an approximate
future O
M expense of what we may incur on the Jeeps
I am still unsure of exactly how you would like me to convert the fuel information from hours to mi
les to stops
and vice versa to prepare an accurate estimated comparison of expected future fuel costs of the Jeeps to past
fuel costs of the scooters Please see my concerns below
All of the PD SUV

s we are using in the comparison are tracked by mileage on the odometer not hours
All of the scooters we are using in the comparison are tracked by hour not mileage
In order for me to convert mileage and hours over to the number of stops per your e
mail below l would need
the following information to prepare an accurate estimate for this analysis

the annual number of stops that each vehicle would be making when reading meters
the number of miles that would make up the number of stops
the amount of time it takes for each stop
the number of hours the PD SUV

s are driven so that I can convert that over from mileage to hours to
get a common denominator for the comparison
I without the above information cannot come up with an accurate conversion to compare fuel for the different
vehicles
For now what I have done in the attached spreadsheet is converted scooter hours into mileage using a formula
of S00 hrs for every 3
000 miles I used this formula because when scheduling routine maintenance for vehicles
all vehicles tracked by mileage are required to be maintained every 3
000 miles clocked and every vehicle
tracked by hours is required to be maintained every 500 hours it is operated We receive this information as
updated in the Gasboy system when the user fuels the vehicle
I then used the average mileage of the PD vehicles and converted the fuel at a rate of 0
17 per mile based on
the window sticker of the vehicle that was available online
Based on the attached assessment I am showing that PD SUV

s cost an estimated 0
67 per mile Scooters cost
an estimated 2
08 per mile and leeps cost an estimated 0
72 cents per mile to operate
Please let me know if you have any questions or would like additional information represented in this analysis
Christine Smith
City of Redlands
Quality of Llfe Department

7655
909j798
2012
23
10
org
csmith@cityofredlands
J
L
Original Message
From
Cardenas
Sent
Monday
To
Smith
Cc
Garcia
Subject
Fred
October
22
2012
47 PM
12
Christine
Danielle
RE
chris com
smith@yahoo Cardenas Fred
4
2
Assignments
Christine
Per our conversation

and email
use the vehicle average for like vehicles such as
cruisers
determine future
Explorers
and
service
stops
meter
Try
to
instead
to
equate
of
M for
O
miles
number
of
the
Jeeps
Also
try using
Like refuse
trucks meter readers stop at every
to
stops
total
if you have any questions
vehicle
operating
costs
Let
me
know
Thanks
Alfredo
Cardenas
City of Redlands
Quality of Life Director
PO
Box
3005
35 Cajon Street
Redlands
CA
Suite 222
92373
909
7655
798
909
7697 Fax
798
org
fcardenas@cityofredlands
Original Message
From
Smith
Christine
Sent
Monday
October
To
Cardenas
22
2012 11
43 AM
Fred

com
smith@yahoo
24
Subject
RE Assignments
Fred
Attached
is my progress thus far on the Jeep
Scooter comparison you were
requesting
Per your request I am incorporating information from the Police Department
s SOV
s
to
provide
part
of
the
comparison
relating
to
what
the
Jeeps
might
expect
as
far as
fuel expense is concerned
Because the scooters are tracked by hours instead of mileage through RTA and the
Gasboy system the analysis is not comparing apple to apples rather apples to
oranges so we will need to have Fleet check the odometers on these vehicles so that
we can tighten up the numbers and get a more accurate comparison
I am still confused on how you would like me to incorporate the Jeeps into this
comparison because we do not have any history information on them at this time
Please let me know your thoughts on how you would like me to do this and any
suggested changes so that I can complete this comparison as requested
Christine Smith
City of Redlands
Quality of LIfe Department

909
7655
798
org
csmith@cityofredlands
Original Message
From
Cardenas
Fred
Sent Tuesday October 16 2012 7

53 AM
2012
23
10
To
Smith
Christine
Cc Cardenas Fred Garcia

Subject Re Assignments
Danielle
I just saw the email from Danielle that you are assistinq Jocelyn Please move
forward Danielle
s request and the analyzes can wait until you finish helping
Jocelyn
Thanks
Original Messaqe
From
Cardenas
To
Smith
Cc
Garcia
Fred
Christine
Danielle
Cardenas
Ered
Sent Tue Oct 16 07

03 2012
38
Subject Assignments
Christine
Please prepare an analysis on the meter reader scooters and the new Jeeps recently
purchased by M
ED
repairs
and
routine
At minimum the analyais must compare the capital cost O

M
and
fuel
ion
consumpt
I aTso rieed your written statement
regarding the purchase of three SUVs and two Jeep Wranglers

Second
prepare
an
analysis
of
the
RBY
agreement
It should be comprised of a
matrix
showing RBY and the City
s rights obligations payments schedules agreement
termination date etc
Please have both completed by day
s end
Thanks
2012
23
10
If you have any questions
let me
know
Smith Christine
From
Suarez Celina
Sent
Wednesday October 31 2012 2

45 PM
To
Smith Christine
Subject FW Assignments
Take a deep breath
From Cardenas Fred

Sent Wednesday October 31 2012 2
28 PM
To Smith Christine
Cc Garcia Danielle Braun Kim Suarez Celina Cardenas Fred
Christine
king this
m
e
a
You
assignment more
fficult than it
di
is This assignment has
do with the
to
nothing
email
from Ronda Please see my email below
Thanks
Alfredo Cardenas
City of Redlands
PO Box 3005

Redlands CA 92373
909 798
7655
909 798
7697 Fax
citvofredlands
c
fcardenas
orq
From Smith Christine

Sent Wednesdaq October 31 2012 2
20 PM
To Cardenas Fred
Cc Garcia Danielle Braun Kim Suarez Celina
Fred
Attached is the spreadsheet that Celina and t developed per your email and the email we received from
Rhonda also attached We plan to use this spreadsheet to track the agreements for QOL per your
request Please review and determine if this is sufficient for what you requested If you scroll over to the
right there are links set up to bring up the agreements and the analysis of the agreements for easy
reference
We will not move foNVard until hearing back from you on any necessary changes as this is going to be a
time intensive project and want to make sure it is being set up to you standards
Please advise on any requested changes or if we should proceed with the spreadsheet as it is presented
CI St
e
v
tl
w
Ci tzedl
tof
ols
av
tof ufe pepartw
a
o
ewt
9oy yg
s
of
t
th@ci
cswt
2012
31
10
From Cardenas Fred
Sent Monday October 29 2012 4

09 PM
To Smith Christine
Cc Cardenas Fred Garcia Danielle
Subject Assignments
Christine
Please put together a list of all of the agreements the City entered into with local organizations Start with a the
main agreements like AYSO RBY RCMA Grove Schools and work your way down to the smaller ones Start
the process of creating a comparison synopsis similar to the RBY agreement comparison
Thanks
Alfredo Cardenas
City of Redlands
PO Box 3005

Redlands CA 92373
909
7655
798
909 798
7697 Fax
orq
fcardenas@cityofredlands
2012
31
10
EXHIBIT
ti
EMPLOYMENT
CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
1
uw
a
COMPLAINT OF DISCRIMINATION UNDER THE PROVISIONS OF THE CALIFORNIA FAIR EMPLOYMENT AND
HOUSING ACT
DFEH INQUiRY NUh4BER
26482
55810
I ALLEGE THAT I EXPERIENCED

Discrimination Retaliation
ON OR BEFORE Oct 25 2012

BECAUSE OF
AS A
MY
Engagement in Protected Activity Family Care or Medical Leave
RESULT i UVAS
Demoted Denied a good faith interactive process Denied a work environment free of
discrimination and
or retaliation Denied or forced to transfer Denied promotion Denied
reinstatement
STATE WHAT YOU BELIEVE TO BE THE REASON

SFOR DISCRIMINATION
Alfredo Cardenas has a history of threatening intimidating and builying employees that work in and out of his department he regularly
uses employees as scapegoats and continually attempts to set employees up to fail He creates silos and subjects the Quality of Life
employees to a hostile work environment Over the past 18 months that he has been employed at the City of Redlands he has called
numerous employees into meetings with him and threatened to fire them with no justification to do so He is unethical and quick to talk
negative about people who are not present Because of the way he treats staff 3 people have retired one person has resigned and many
more work in fear of him every day He is retaliatory by nature and I am concerned with even requesting this investigation because of the
potential retaliation I wiil be subjected to for doing so In November 2011 Alfredo Cardenas nominated me as employee of the year for the
City of Rediands an award that f won During his speech he informed a room full of empoyees and volunteers that I was an invaluabie
employee and that he would not have been able to get through the previous 7 months without me helping him along the way On
December 15 2011 I left for an approved vacation and upon my return on January 9 2012 I was being retaliated against and bullied by
Alfredo Cardenas 1 was pulled aside after staff meeting on January 9 2012 and toid that I was protraying a negative attitude and that I
needed to be more of a team player No speafic reasons were given for the treatment that I was receiving but any misfake made in the
depaAment was my fault and nothing that I did was good enough I was being criticized for everything but then he would produce my
work in meetings with other employees and tell them how they needed to submit the same type of quality work that I provided instead of a
blank piece of paper After it became too much I met with the Human Resources Director and she scheduled mentoring session to take
place on a daily basis for one hour per day for months between January and March and used my mentoring sessions with her to help me
develop skills on how to work in a hostile environment and strategies to attempt to become successful in my position again During this
time the Human Resources Director requested that Alfredo Cardenas prepare a set of expectations for me so that I would know what was
expected of ine These expectations were never provided to me On April 2 2012 Archie Washington the Waste Management
Superintendent who managed the Fleet Division resigned due to the bullying and harrassment he was experiencing from Alfredo
Cardenas On April 3 2012 Affredo Cardenas came into my office and informed me that I was being reassigned to the Fleet Division and
would be working as the Interim Fleet Coordinator until this position could filled At this time I
questioned Alfredo Cardenas informing him
that I did not have a mechanical background and did not feel comfortable or qualified to accept the position This was not an option and I
was moved anyway I went to HR and spoke with Kim Braun asking rf there was anything I could do to refuse lhis request because I felt as
ihough I was being set up to fail with this assignment she informed me that I did not have any recourse and that he was allowed to
reassign me to that position I began down at Fleet on April 4 2012 I was instructed to make changes down at Fleet with no direction of
what changes should be implemented I worked with tfie staff at Fleet to implement new priorities and Alf
edo Cardenas reacted positively
to this and I seemed to be in his good graces again for a while The City recruited for the Fleet Services Coordinator position 1 did not
apply for this position After the recruitment had expired Alfredo Cardenas reviewed the applications and called me into his office He
questioned me as to why I did not apply for the position and I informed him that I was concered because 1 did not have the expeAise the
position was requesting and it was not a field that i felt I wanted my career to lead to He was not happy with this answer and stressed the
pay increase to me I irrformed him ihat for me it was more than money I wanted to enjoy my job and be comfortabie with what 1 was
doing interviews for the position were held and all applicants were rejected The Fleet Services Coordinatorjob description was modified
to reflect more of an administrative function this inGuded a title change to Fleet Services Administrative Coordinator Prior to the position
being reCruited for I was again called into Alfredo Cardenas office He informed me that he wanted me to apply for the position I
expressed my concems to him about not having a mechanical background and he assured me this was not an issue that he had revised
the job description I then expressed my concerns with going back on probatio he further informed me that I had nothing to worry about
1 let him know that I would think about it but I was ot sure that I would apply for the job After this conversation with Fred I was informed
by another party that the Quality of L

rfe Department was going to be going through another re
org and that there was a potential that my
position as Senior Adminsuative Analyst going to be eliminated and I may want to consider applying for the Fleet Service Administrative
Coordinator Position When the Fleet Services Administrative Coordinator position opened for recruitment I was on vacation in New York
I received an email a text and a phone qll asking if I would be able to submit my application on time and was told that the submission
date oould be extended if I needed it to be because I was out of town I was able to submit my application while I was away on vacation
and an exkensio was not required I was promoted to Fleet Services Administrative Coordinato on July 9 2012 I received an email from
Alfredo Cardenas asking me to inform Danielle Garcia to prepare a memo and Personnel Action Form starting me at a step B pay range
At this timebeI sat
down with Affredo
Cardenas and explained to him that I had concems with going back on probation and requested that
waived He
not in favor of
probation
was
doing so
but said that he would talk to the

City
Manger about
this and
get back to
me
Later
that day I was infarmed that there would be no waiver for the 6 mo
th probation period One month after I was promoted August 12
2012 1
was
involved in
an
off duty
communication with various
hide accident which
ie
employec
put
me
offwork for 9 weeks
of which informed that Alfredo Cardenas to them t
While I was out I was in constant
hen I returned Iwas going to be in a
living hell at work I went into Human Resources and made them aware of this comment and my concerns of arriving back to work with
that threat pending I informed them that I would not tolerate his bullying and put them on notice that I would be seeking outside
assistance if his actions became agressive or retaliatory in any way Upon my return on October 15 2012 I attended a meeting with
Alfredo Cardenas Danielle Garcia and my union rep Mary LaPlante during which I was informed that I was being terminated and would
not pass probation for the Fleet Services Administrative Coordinator position that I has been promoted to on July 9 2012 During this
meeting I was not given any reasons as to why I was being terminated only that 1 had an option to return to my previously heid position of
Senior Administrative Analyst Alfredo Cardenas went on to inform Mary LaPiante and me that he was currently preparing my evaluation
for the Senior Adminstrative Analyst position that was due on May 15 2012 and that evaluation was not going to be favorable He
suggested that I resign from the Fleet Services Administrative Coordinator position so that it would not reflect negatively on my resume
During this meeting Mary LaPlante my union rep informed Alfredo Cardenas that she would be filing a grievance in response to this
meeting for retaliation based on my being out on FMLA because I was not returned to my former position upon being released from my
doctors to come back to work She further informed him that he was in violation of the law by acting in this fashion A grievance was filed
on October 17 2012
030 04
300
DFEH
12
DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
DATE FILED Oct
25 2012
STATE OF CALIFORNIA
COMPLETED Oct 25 2012

Page 2Y1
atNPlC
A
t
tr
ij
ui
a
EMPLOYMENT
CALIFORNIA OEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
COMPLAINT OF DISCRIMINATION UNDER THE PROVISIONS OF THE CALIFORNIA FAIR EMPLOYMENT AND HOUS
NGACT
DFEH RYNU
GU ti1B
h
I
R
26482
55810
c01U ivB
E
COMPLAINANT NAME
Christine Smith
D IS THE EMPLOYER PERSON LABOR ORGANIZATION EMPLOYMENT AGENCY APPRENTICESHIP COMMITTEE OR

NAM
STATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME
RESPONDENT NAME
AGENT OF SERVICE NAME
City of Redlands
TELEPHONE NUR4BER
Alfredo Cardenas
7655
798
909
ADDRESS AGENT OF SERVICE
ZIP
STATE
CITY
35 CAJON STREET PO BOX 3005
NO OF
MEMBERS
EMPLOYEES
450
REDLANDS CA 92373
DATE MOST RECENT DISCRIMINATION TOOK PLACE

Oct 25 2012
TYPE OF EiV1PLOYER
Loca1 Govt
State
S
RESPONDENT
CO
NAME
ADDRESS
PHONE NUMBER
By submitting this complaint I am dedaring under penalty of perjury under the laws of the State of California that the foregoing is true and
correct of my own knowledge except as to matters stated on my information and belief and as to those matters i believe it to be true
Dated October 25 2012 At Redlands
030 04
300
DFEH
12
DEPARTMENT OF FAIR EMPLOYMENT ANO HOUSING
DATE FILED Od
25 2012
STATE OF CAIIFORNIA
COMPLETED Oct 25 2012

P
Pr
p
STATE
OF
CALIFORNIA Stat
DEPARTMENT
Consumer
Services
GOVERNOR EDMUND G BROWN JR
Agency
FAIR EMPLOYMENT
HOUSING
DIRECTORPHYLLISW CHENG
2218 Kausen Drive Suite 100 I Elk Grove I CA I 95758
1684 I Videophone 916

884
800
5285 I TDD 800
226
2320
700
gov I email contact
ca
dfeh
www
gov
ca
center@dfeh
May 21 2013
Christine Smith
1721 E Colton Avenue Space 41

Redlands CA 92374
RE 450 Day Notice

DFEH Number 55810
26482
Smith
City of Redlands
Dear Christine Smith
Your complaint has been on file for 150 days and the Fair Employment and Housing Act
requires that we notify you of your right to request a Right to Sue notice which will
authorize you to file a private lawsuit in a California Superior Court on your own behalf
This letter is your notification of your right to request a Right to Sue notice
If you request a Right to Sue DFEH will discontinue its investigation and close your
complaint If you choose to exercise this option you must
1 Notify DFEH in writing of your request and
2 File your lawsuit within one year from receipt of the Right to Sue notice
In all correspondence please
include your matter reference number 55810
26482 and
mail it to DFEH 2218 Kausen Drive Suite 100 Elk Grove CA 95758 Or you may use
the online system at www

gov to upload correspondence check the status of
ca
dfeh
your complaint or send a message to your investigator To gain access to the online
system please contact me
If you do not request a Right to Sue notice DFEH will continue to investigate your
complaint and you do not need to respond to this letter A Right to Sue notice witl
then be issued upon conclusion of our investigation or one year after your complaint
was filed whichever comes first
ely
Since
Collee
Janatpour
Consultant II
7086
585
916
EXHIBIT F
Smith Christine
From
Smith Christine
Sent
Tuesday October 30 2012 5

20 PM
To
Garcia Danielle
Cc
Cardenas Fred Braun Kim
Subject
RE SB County Invoice 8
2012
3
Attachments Emai170
pdf
All
I was able to go to Fleet today to pick up my personal and professional items Unfortunately my 2 Purchase
Requisition books are no longer in my desk and per Jeff Alcala the PR book that the mechanics used is also
missing I spoke with Jocelynn to see if she had my 2 Purchase Requisition books and she informed me that
she gave my book to Fred a week ago When I asked Fred rf he had my Purchase Requisition book he
acknowledged that he did When I asked if I could have it in order to respond to this e
mail he refused to give
it to me and asked that I note in my response that he refused to give it to me therefore I am unable to
provide a full response to questions 1 2 and 3 listed below
Below is a statement of what I do know regarding these repairs

The total cost for PMI
s that we requested the County perform on Solid Waste vehicles was not to exceed
500 The total charges being billed for these services is 00

2
462 which is within the amount budgeted
1
for the services
The total work orders that should be applied to FY 2011

2012 is 4
22128
The total work orders that should be applied to FY 2013
2012 is 5
12
1
41
I have confidence that if you request documentation from Fleet staff they will be able to provide you with
more in depth answers and additional supporting documentation than I can since I have been removed from
that office
Each of the work orders attached to the invoice is for individual repair requests for a variety of vehicles and
not one repair See table below
WORK
DATE
ORDER
0000204077
FISCAL
COST
DESCRIPTION
YEAR
23
6
12
2012
2011
INTENDED PAYMENT
METHOD
90
day safery
50
157
Spoke with Fred

Cardenas about the
inspection
need to have past due
PMI b
s
ought current
He agreed that Fleet
could prepare a
Purchase Requisition for
an amount not to exceed
2500 to have County

do past due PMI
s on
Solid Waste Fleet I do
not have PR information
as I was denied access
0000204084 I 12
23 I 2011 2012
6
90
day safety
inspection
50
157
to my Purchase
Requisition books to
verify this information
Spoke with Fred
Cardenas about the

s brought current
PMI
could prepare a
2412
7
11
amount not to exceed

500 to have County
do past due PMI

son
to my Purchase
ver
0000204083
23l12
6
2011 2012
50
157
90 day safety
inspection
this information
Spoke with Fred

Cardenas about the

s brought current
PMI
could prepare a
2500 to have County
do past due PMI

son
to my Purchase
veri
23 I 2011 2012
6
12
50
157
90 day safety
this information
Spoke with Fred

Cardenas about the
inspection

s brought c
PMI
rrent
could prepare a

2500 to have County
do past due PMI

son
to my Purchase
veri
0000204075
23
6
12
2011 2012
50
157
90 day safety
inspection
this information
Spoke with Fred

Cardenas about the

s brought current
PMI

could prepare a
chase Requisition for
Pu
2500 to have County

do past due PMI
s on
to my Purchase
veri
0000204079
11 7
2012
23
6
12
2012
2011
90 day safety
inspection travel
50
time
this information
Spoke with Fred

Cardenas about the
s brought current
I
e agreed that Fleet
could prepare a
2500 to have County

do past due PMI
s on
to my Purchase
0000204074 I 12
23 I 2011 2012
6
90 day safety
50
157
Spoke with Fred
Cardenas about the
inspection

s brought current
PMI
could prepare a
amount not to exceed
an
2500 to have County

do past due PMI
s on
Solid Waste Fleet
I do

to my Purchase

0000204073
I 12
23 I 2011 2012
6
90 day safety
50
258
Spoke with Fred

Cardenas about the
inspection 8 travel time

s brought current
PMI
could prepare a
an amou
t
not to exceed
2500 to have County

do past due PMI
s on
Solid Waste Fleet
i do

to my Purchase

0000204155
22
6
12
2011 2012
Replace water pump
365
1
95
PR 75003 bid
replace upper and

lower radiator hoses
information and copy of

PR that was prepared by
replace all belts
Jeff Alcala is attached to

this e
mail
0000204154
28
6
12
2011 2012
Check fault codes Air
inlet inactive check

radiator air path
plugged tried to clean
out but need bigger air
compressor return
2012
7
11
1 393
33
I do not have any

information regarding
this repair as I was
denied access to the
necessary Purchase
Requisition books as
and clean out radiator
stated above Jeff
air path replace blade

angle hydraulic hoses
and replace inlet air
Alcala would have been

the staff member who
obtained the 3 quotes
I temp switch
d I do not have
supporting
documentation that this
was compieteo
0000204871
I 7
12
2
2013
2012
Replace hydraulic
hose
Speed reducer
65
406
Due to the dollar amount
of this repair it would
retum line to return
have been processed on
manifoid
a short form and most
likely not competitively

bid out
0000205072
20
7
2013
2012
I 12
500 hour service
314
1
52
I do not have any
completed lubed
pulled oil samples

necessary Purchase
stated above Jeff

and I do not have
supporting
was compietea
0000205071
20
7
12
2013
2012
500 hour service
315
1
66
I do not have any
completed lubed
pulled oil samples

necessary Purchase
stated above Jeff

and I do not have
supporting
was compieted
0000204139 I
12
3
7
2013
2012
Level A Service 45
15
788
likely not competitively

bid out
wheelchair lift
20 I 2012
7
12
2013
No description of
services noted on this
Work Order
Due to the dollar amount
of this repair it was most
day bus inspection

inspection on
316
1
14
I do not have any
necessary Purchase
stated above Jeff

and I do not have
ting
suppo
was
11 7
2012
completed
Cl st
we S v
u o rz
t
c
ds
av
er
ca o ure pepar
e
oQ
Cci
c
i
csv
rU
nio
Js
av
re
From Garcia Danielle

Sent Monday October Z9 2012 6
31 PM
To Smith Christine
Cc Cardenas Fred
Subject SB County Invoice 8
2012
3
Christine
Finance has raised a timely issue of an invoice a copy of which is attached from August 3rd in the amount of
362 due to San Bernardino County Please review the attached and provide the Per
9
45
ow
l
fo
n
i
g Fred
1
Details on how the services were competitively sourced
Authority to pay the invoice i

e PR PO DV
Backup documentation for the 2 items above
This issue is urgent and requires your response by COB Tuesday October 30
Thank you
Danielle
eG ar
ueP
Da
a
c
Sr Project Manager
Quality of Life Department
7507
798
909
org
ciryofredlands
cr
dqarcia
11 7
2012
Prepared by
Dat
Authorized by v
Date
Purchase
75003
Requisition PR
Requesting Dept
Suggested
Person to contact
if questions arise
Ext
37 3q2d
Phone
Deliver order
Vender
er
Web Site
DepL
co
For use by Purchasing Dept o

y
Required delivery by
Equip
PO
Account Number
DATE
J apply to entlre order
for Unes 5
l 1
6
Additional Instruct9ons
Comments
Estimated Tax
eac
c
CEA
Cit Associates
mployees
2918 E 7 Street
Long Beach CA 90804

562 voice
6983
433
1264 fax
433
562
cea@cityemp lo yees net

November 12 2012
Ms Deborah Scott
Leistra
Human Resources Director
City of Redlands
Subject Violence in the Workplace toward Christine Smith
Dear Ms Leistra
I have been made aware that a violation of the City

s Violence in the Workplace Policy may
have taken place in a meeting on November 7 2012 between Fred Carderas and Christine
Smith with Kimberly Braun present This correspondence is to report the incident and
request that an investigation be conducted by a neutral outside investigator
It was reported to me that Mr Carderas became angry and was yelling at both Ms Smith and
Ms Braun Reportedly Mr Carderas became so angry that he stood up from the conference
table in his office pushed the chair hard enough that it banged against the wall behind him
proceeded to his desk to retrieve something and in the course of moving to his desk he
shoved the chair that Ms Smith was sitting in and proceeded to shove the chair again when
he returned to the conference table area
Ms Smith has report that she is fearful of Mr Carderas Should these accounts be found to
be true Mr Carderas has violated the City
s Violence in the Workplace Policy
We further request that Ms Smith be placed on paid administrative leave pending the
outcome of an investigation and the assurance of a safe working environment
We request a meeting with you and an investigator to discuss this violent act and other anger
issues that have lead up to this acceleration of violence
Respectfully
Mary LaPlante
EXHIBIT
t
c
REDLANDS
ralr I
r
In
i
i
S
1C
illl
Iltijfll
c
l
kl 1 4r1121 I
I
ih rr
uci
4
1
I11
irtin i i ii
m
n
i
r
i
in
Il
December 13 2012
C
Mary LaPlante Labor Representative
City Employee Associates

2918 East 7th Street
ong Seach CA 90804

Re
WORKPLACE VIOLENCE ALLEGATION
On November 12 Z012 you sent a letter alleging a violation of the City

Policy The letter stated in part
It was reported to rne that Mr Cardenas became angry and was yelling at both Ms
Smith and Ms Braun Reportedly Mr Cardenas became so angry that he stood up
from the conference table in his office pushed the chair hard enough that it banged
against the wall behind him proceeded to his desk to retrieve something and in the
course of moving to his desk he shoved the chair that Ms Smith was siteing in and
proceeded to shove the chair again when he returned to the conference table area
sShoulfhese accounts
be found to be true Mr Cardenas has violated the City
Policy
The City has a

Policy Against Workplace Violence which provides in part
1 ON THE JOB
There are situations where relationships between employees or between and

emptoyee and the supervisor result in strong negative feelings by the individuals
involved Any persons involved in situations where they fear that physical
retaliation may occur or where someone has made verbal threats of physical
violenc should immediately discuss irwith their supervisor or with management
if the supervisor is invotved
I do not believe that Fred Cardenas Cardenas violated the above policy F3e did not make verbal
threats of physical violence and there was insufficient indicia that physical retaliation may occur
The City also has a
Policy Against Bullying which provides in part
The City of Redlands defines bullying as repeated inappropriate behavior either
direct or indirect whether verbal physical or otherwise conducted by one or more
persons against another or others at the place of work and

or rn the course of
employment Types and examples of such behavior are listed below Such behavior
S
cs
AUtrTaerWa
Page 2 of 2
violates the Redlands City Values City of Redlands Code of Ethics and the City of
Redlands Pecsonnel Rules and Regulations
The purpose of this palicy is to communicate to all employees including

supervisors managers and executives that the City of Redlands will not in anv
instance tolerate bullying behavior Employees found in violation of this policy

including supervisors will be disciplined up to and including termination
Bullying may be intentianal or unintentional However it must be noted that where

an allegation of bullying is made the intention of the alleged bully is irrelevant and
will not be given considerarion when determining appropriate discipline As in

harassment it is the effect of the behavior upon the individual that is important The
City of Redlands considers the following types of behavior examples of bullying

VERBAL BULLYING
slandering ridiculing or maligning a person or his

her
family persistent name calling which is hurtful insulting or humiliating using a
u
t
as
ot
per
j
f
okesab
ttsiver
offear
d
a
u
s
er
ks
Shouting raising voice at an individual in public and

or in private
Not allowing the person to speak or express him
herself one on one or in
meetings i
groups
e ignoring or interrupting
Constant criticism on matters unrelated or minimally related to the person

s job
performance or description Repeatedly accusing someone of errors which

cannot be documented
Let me assure you that Mr Cardenas has been made fully aware of the above City policies and that I
have zero tolerance for bullying and
orworkplace violence
Respgctfully
Enrique Ivt
A
artinez
City Manager
sw
EXHIBIT I
y OT
f
E
i
ALFREDO CARDEI
p
ncocporaced i883
Cit cRedlands
35 Cajon Street Suite 222 Rc

lands Ct 42373
7583
798
909
org
gcityofredlands
fcardcnas
January 8 20 i 3
Christine Smith
i 721 East Colton4
Dear Ms Smith
Pursuant to Personnel Rule and Regulations III C your probation period as Fleet Services
Administrative Coordinator is rejected You will revert to yoar farmer position of Senior
Administrative Analyst effective January 8 2013
Si cerely
Alfredo Cardenas
QoL Director
Cc
Debbie Scott
Leistra Human Resources
Management Directar
Risk
Steve Filarsky
1
i
Director
CITY OF REDLANDS
PERSONNEI ACTION FORM
NaMe oF EnnP
ovEe Christine Smith
EFFECTIVE DATE 1
ZO13
r
ePaRrM
Quality of Life
WORK SCHEDUIE 9
SO
ErnPLOYEE NUMBER 39
1
CLASS CODE
OISTRIBUTION ACCOUNT NUMBER 5O VO7SOO 50 511441

72001
4000
108 NUMBER
FUILTIME
YM N
W
N
PARTTIME
AT W
ClAS51FtCA714N
CONTRACT
GE
REHIRE
RNNUAI RATE S
Y RqT
IOUR
Y ELATED
CNAbjGES
TYPE OF CHANGE
W
H
AMOUNT
CIASStFICATION
OEPARTMENT
OM
F
ro
Quality
of Life
Quality
of Life
RANGE
Fleet Services Administrative Coordinator
MM40
Senior Administrative Anai
MM25
st
STEP
fTHIY
MOf
HOURLY
28
s
280
359
24
REASON fOR CHAfdGE
Promotional probation rejedion eturn to previous position of Senior Administrative Analyst
PA
1l
J
G
M
TYP Of Cl1AN
f
bSOiv FaR CHAPIGE

c
r
CERTfFICATION
INCENTIVE
RATJOIV
TYPE OF SEPARATION
ADDITIONAL COMMENTS
RECOMMENOEO
APPROVEO
RESOURtES DIRECTOR
2073 9
8
1
Q3 am
9o2
q
000
000
zzz
S4
EXHIBIT J
City of
t
lncorporated 18S
5 Cajon Street Redlands CA 92373

RrmiEZ
iRIQUE w
E
City Mana
er
7510
798
909
cityofrcdlxnds
a
nzmnrtinezr
org
January il2013
Mary LaPlante Labor Representative

City Employee Associates
2918 East 7th Street
Long Beach CA 90804
ci
nlaplanteCa
entlliaEmail
net
tyemployees
Christine Smith
Quality of Life Department City of Redlands

Sent Via Email chris 24 smith
yahoo com
a
RE CHR
STINE SM
TH GRIEVANCE PROMOTIONAL PROBATIONARY REJECTION
Dear Ms LaPlante
On October 17 2012 Christine Smith Smith filed a grievance On November 1 2012 Human
Resources Manager Kim Braun Braun and attorney Steve Filarsky Filarsky met with Smith
and you in an attempt to informally resolve the issue they were not successful On Novemher 8
2012 you renewed your request for a meeting with me On November 15 2012 I conducfed a
grievance meeting Smith you Human Resources

Risk Management Director Deborah Scott
Leistra
Leistra and Filarsky were present
Scott
You alleged that Quality of Life Director Fred Cardenas Cardenas had brought Smith in upon her
return from medical leave and told Smith you are being fired I am terminating your position
and we found many errors in your absence According to you Cardenas was aggressive and out
of line and refused to provide any examples of alleged errors Cardenas also told Smith that her
past due evaluation due in May was going to be poor You and Smith alleged that Cardenas was
retaliating against Smith based on her use of Family Medical Leave FMLA You also asserted
that several employees had been solicited by Cardenas to identify
dig up performance issues
retated to Smith while Smith was absent on FMLA leave
Smith
was reclassi
edto a Sr Administrative Analyst on July 1 2011 Smith was promoted to Fleet
Services Administrative Coordinator
on
July
9 2012 On August 20 2012
Smith
went out on
medical leave of absence due to an unfortunate automobile accident in which she was injured It
was during this absence that Cardenas identified performance issues that preceded Smith
s
absence Cardenas concluded that such performance issues could not be condoned Cardenas did in
Alleged gender discriminetion and violation of Skelly rights aised in the October 17 2012 grievance were not
addressed during the meeting
s Aa
wo
Page 2 of 2
fact ask several employees for information related to some of those performance issues While it
has been characterized as building a case t would characterize it as researching the matter
I was aware that Cardenas intended to reject Smith

s probationary promotional appointrnent upon
return from family medical leave I was also aware that this rejection was based on performance
issues identified during Smith
s absence i will concede that Cardenas handling of the meeting
upon Smith
s return was less than ideal
Smith has previously contended that she was promoted against her will Whether true or not she
was promoted to a position that she was not prepared for a position that required her to be a self
starter She did not have the benefit of a transition or training period In short her odds of success
were very slim from the start
Pursuant to Personnel Rule Itl

C a promotional probationary employee may be rejected at any
time by the appointing authority without cause and without right of appeal or grievance or
hearing The quantum of reasons
cause to reject a probationary appointment is significantly less
than the cause necessary to demote permanent
asthe
Aslnn
mpl
e
ar
easons
ing
underl
not based on protected class and do not violate one
s civil rights probationary rejection is
appropriate and legal
In this case there is no evidence of discrimination and
orretaliation particularly as it relates to the
use of FMLA While Cardenas reasons may or may not be agreed with by Smith there is a
sufficient basis to reject Smith on probation However Smith reverts to her prior position The
appropriate language of the Personnel Action Form will be promotional probation rejection revert
to prior position of Senior Administrative Analyst
Cardenas will be directed to provide Smith with a past due performance evaluadon further he will
be directed to consult with Human Resources staff before such an evaluation is issued to Smith
Finally Cardenas will be directed not to engage in any retaliatory actions upon Smith
s return to her
former position of Senior Administrative Analyst
Res
ctfully
Enriyue arti
City Man ger
ez
D
F
I
xrWo
A
EXHIBIT K
r0m
4
h
eM7
ormancep
per
City of Redlands
PERFORMANCE APPRAISAL
Employee
Christine Smith
Hire Date
2006
15
11
Position
Department
Division
GENERAL
Location
Review Pe
iod
2011
15
OS
2012
14
OS
Appraiser
Cardenas Fred
Senior Administrative Analyst
a
100
Appraisal Overview
Factor 100
Goal 0
tability
Accou
Adaptability
Analyticai Skills
10
Appearance
Grooming
Attitude
50
College Goal
25
Cost Centers
25
Communication
10
10
Dependability
Ethics
10
Job Knowledge
Leadership
20
Follow Through
15
Performance Factors
tability
Accou
So
Summary
Weight Rating
100
Appraiser
Score
00
3
00
3
00
4
00
4
The degree to which one is answerable and respo

sible for actions
and
performance either individually
or on a
team
Employee

1 Unacceptable
Does notdemonstrate
Frequently makes
accept
through
follow
excuses
or
does
not
sown
sibility for one
respo
actions
2 Needs improvement
3 Contributor
Occasionally shirks responsibility or is
Generally is accountable for actions of
not accountable for actions Doesn

t
self or team Usually assumes
always meet deadlines Improvement
responsibility for assignments a

d
is needed in recognizing areas of
timelines
responsibility
4 Valued Performer
5 High Performer
Frequently is conscientious about
Always is totally accountable for the
being answerable and accountable for
performance and actions of self or
the actions of self
team Completely understands job
counted
on
or
to meet
and timefines
team Can be
responsibilities
requirements and works in
ce with expectations
accorda
Assumes full respo
sibility for duties
assignments and timelines
Q Comments
27
2
2013
l
printview
php
viewappraisal
com
hrnonline
perfpro
cityofredlands
https
f
viewtype
Appraiser Comments Christine needs to better communicate with her supervisor and coworkers in order to improve her work
product and to be able to meet her deadlines
Employee Comments
Adaptability
So
Weight Rating
Summary
00
4
Score
Appraiser
100
00
4
Employee
I
i7
iI
The degree to which one demonstrates openness to change and new

ideas
Ability to adjust to changing work requirements and respo

d
to new situations

1 UnaCCeptabie
2 Needs Improvement
3 Contributor
Negative toward change Reluctant or
Demonstrates a generat resistance to
Generally ot resistant to change
unable to adapt to new situations
change Can adapt to new situations
Can adapt to many situations
Frequently resists change causing
but only when forced
requiring a detour from established
problems and delays
procedures if given reasonable time to

adapt
Valued Performer
Adjusts
weli to
5 High Performer
most
s
situatio
changes Supportive and proactive

effecting changes
and
Fits well into virtually any
or
in
improving
ment Utilizes new ideas to

assig
improve operations Seeks to
effectively assimilate change into
processes
productive processes
Comments
Appraiser Comments Christine is adaptable and willing to change course on her assignments She does this will little
ce
resista
Employee Comments I am knowledgeable in various areas of the department and am abie to provide coverage and assist in
areas whenever needed I learn quickly and adapt to new assignments quickly
10
Analytical Skills
Summary
Weight
100
Appraiser
Rating
Score
00
3
00
3
00
5
00
5
The ability to observe evaluate summarize and apply meaningful

data in the problem
solving process The level of logical reasoning
Employee
necessary to connect required actions to desired outcomes The
ability to forecast events based upon current situations

Demonstrated skill in generating alternative solutions to problems
i
2 Needs Improvement
3 Contributor
Analytical skills are poor Oata are not
Analytical skills are good Data are
carefully evaluated or applied to
collected and used to solve problems
solving Recommended processes and
problem solving Plan

ing is
Suggestions and plans support
solutions inhibit
ineffedive Processes to support
organizational goals Observation and
organizational goals Observation and
izational goals are not practical

orga
evaluation skills are adequate
evaluation of data
or not identified
Unacceptable
Analytical skills
t
Releva
data
are
are
ineffective
not used in
problem
realizing
are
irrelevant
4 Valued Performer
S High Performer
Analytical skifls are very 9ood
Analytical skills are superior
Problem solving and planning
Meaningful data are consistently
processes are based on reasonable
applied to problem solving and
data Specific actions a

e suggested
planning activities Specific actions
to achieve organizational goals
and strategies are clearly outlined to
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Observation and evaluation
skills
achieve organizational goals

Observation and evaluation skiils are
applied effectively
excellent
Q Comments
Appraiser Comments Christine is very capable of performing her analytical assignments but must improve by gathering more
relevant data using the appropriate analytical methods and use sound judgements in the performance of her assignments This
will improve her work product Christine must aiso focus on the required project results in order to meet departmental goals
Employee Comments
am very competent with creating several different types of analysis I create master spreadsheets in
Excei to track a variety of information inciuding budget tracking for the QOL department vehicle tracking information and am
abie to create a variety of other analysis information as requested
Appearance
Grooming
Summarjr
Weight
100
Appraiser
g Score
Rati
00
4
00
4
00
4
00
4
The degree to which the employee

s appearance clothing and
grooming represent the standards of the company Demonstrated
Employee
willingness com
established r
with
ply
f
s
le
ru
a
ppearance
o and
grooming
0 Factor Rating Details

1
Unacceptable
2 Needs Improvement
3 Contributor
Frequently violates established
Occasionally violates established
Appearance and grooming generally
appearance and
grooming standards
Disregards company clothing
appearance and grooming policies

Unprofessional clothing grooming
meet established policies and
or appearance
grooming and
policies Significant improvement is
or appearance have a negative

and
company with a professional

appearance that is appropriate to the
standards Usually represents the
impact on the company Not always

g to comply with established
willi
required immediately
position
policies and business requirements

Improvement is needed
4 Valued Performer
5 High Performer
Grooming clothing and appearance

reflect
well upon
appropriate
to
the company and
are
job respo
sibilities
Grooming and appearance are very

professional and appropriate to job
responsibilities Willingness to comply
Compliance with established
with established policies is
standards and
exceptional Acts as an example to
policies is very good
other employees
Comments
Appraiser Comments Christine dresses appropriately For her position

Employee Comments
Attitude
So
Weight Rating
Summary
100
Appraiser
Score
00
3
00
3
00
5
00
5
The degree to which one is positive constructive and supportive

toward customers employees and the company The level of
Employee
enthusiasm and commitment demonstrated in job perfo

mance
Factor Rating Detaiis

1
Unacceptable
Almost
always displays
poor
employees
or
the company
Negative
behavior demoralizes others and
2 Needs improvement
3 Contributor
Frequently demonstrates a poor
Demonstrates constructive and

employees or the company Negative
supportive behavior in most

s Performs job duties with
situatio
impact on others is noticeable
adequate commitment
f
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2413
Vl
LVl1l1U1lVV
adversely impacts the companq

mmediate change is necessary
Valued Performer
Sustains
attitude in
5 High Performer
constructive supportive
Always demonstrates positive
situations Job
most
constructive supportive behavior
commitment and enthusiasm
Projects enthusiasm and commitment
motivate others
in all aspects of job performance

Consistently motivates others
Comments
Appraiser Comments Christine has a good attitude towards her assignments and coworkers She makes herself available
when asked to
Employee Comments I keep a positive attitude and try to inspire others to be positive as weil I assist in areas that I can
Communication
10
Weight
Summary
A pP rai5e
r
100
Rating
Score
00
3
00
3
00
4
00
4
The ability to effectively converse and listen to others concerning

company matters The
use
of proper written and
Employee
grammatical skills
and the meaningful application of computer technology e

mail
Internet etc
1
2 Needs Improvement
3 Contributor
Communication skills are lacking in
Communication a
d listening skills are
improveme
teaching Lmmediate t
is necessary in one or more key areas
some areas Verbal communication
skills of listening and speaking
good Effectively uses some available

listening speaking writing using
impede job performance More
documents co
vey information
communicatio
effective use of communication
appropriately
Unacceptable
Communication skills
are
inadequate
for
technology
technologies is needed Written

documents do not co
vey information
clearly
4
Valued Performer
5 High Performer
Communication
skills
good
listening and interpersonal skills are
Communicatio skills are superior
above average
Effectively
communication skills strengthen
are
very
Listening a
d interpersonal
uses most
available communication
others Effectively uses all available
Written documents
and
are
technology
usually clear
concise
documents are clear concise and

structed
co
well
Comments
Appraiser Comments Christine

s written communication is adequate for her position She must improve her listening skills by
taking more notes and aski
g more questions Her staff reports require more research and structure
Employee Comments
10
Dependability
Summary
Appraiser
Weight Rating Score

100
00
3
00
3
00
5
00
5
The degree of follow

through on assignments The degree to which
the
employee
can
be counted
on
to
complete assignments
in
timely
Employee
and competent manner The degree to which the employee is self

directed takes i
itiative and is proactive
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1 Unacceptable
2 Needs Improvement
3 Contributor
Dependability is a significant problem
Oependability is a probiem Lack of
Can usually be counted on to
Follow
follow
complete assignments correctly and
compiete tasks freque

tly leaves
complete tasks occasionally leaves
in a timely manner A few exceptions
other staff members in adverse
other staff members in adverse
may occur
Absenteeism excluding legally
Absenteeism excluding legally
performance
performance
4 Valued Performer
Can be counted
on
to
S High Performer
complete
Always completes assignments timely
assignments in a timely and thorough

manner Consistently meets or
and thoroughiy Frequently works
exceeds expectations
exceptional initiative
beyond expectations demonstrating
Comments
ser Commenes Ch
Apprai
isEine is more
successful wfien she ivo
ks on group assignrrients and are written and structured
Employee Comments I am dependable and am flexable to make changes in my work schedule
expertise depending on
what is needed by the department
Ethics
10
Summary
Weight Rating
100
Appraiser
Score
00
3
00
3
00
5
00
5
The level of trustworthiness character professionalism

Employee
fidentiality and honesty in dealing with internal or external

co
customers

1 Unacceptable
2 Needs Improvement
3 Contributor
Violations of the company

s ethics
Although not yet serious some
s a trusted and honest employee who
policy have occurred or misconduct
concerns regarding ethics have
understands the compa

s standards
y
relative to ethical situations is
occurred and need to be dealt with to
on ethics and tries to abide by the
deemed serious
prevent further problems Such

incidents may be a result of lack of
established guidelines Any

indiscretion would not be intentional
confidentiality or poor judgment
but occurs because of lack of
understanding
4 Valued Performer
S High Performer
The individual demonstrates

level of ethics
in
high
dealing with both
The individual is above reproach

Honesty trust and ethical behavior
intemal and exter

al
customers Is
are exceptional in all business
honest and
relationships
trustworthy
in
all
business
dealings Confidentiality is
consistently demonstrated
Comments
Appraiser Comments Christine

s ethics are acceptable
Employee Comments
ob Knowledge
Summary
Appraiser
Weight
100
Rating
Score
00
3
00
3
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The
and breadth of
depth
to
know
perform essential duties and
00
4
Employee
00
4
functions of the job The level of compliance with degree

certification and training requirements Understanding of how
individual job performance furthers organizational objectives
Willingness to update and expand skilis knowledge and training
1 Unacceptable
2 Needs Improvement
3 Contributor
Does not understand or perform the
acks sufficient know

how to do
Possesses sufficient know

how to
essential duties and functions of the
assigned tasks May not have a
understand and perform the essential
position which results in significant
complete understanding of essential
performance problems Training
Meets degree certification and
certification and
or degree
May lack full awareness of how job
training requirements Possesses a
requirements have not been met
performance impacts the
general knowledge of department
Fails to understand how marginal job
organization May have failed to
functions and company operations
knowledge and poor performance
update training certification and

or
Updates skills training and
impact organizational operations
degree requirements
certifications as required
4 Valued Performer
5 High Performer
Demonstrates strong job

and
ability
in
knowledge
performing he essential
ctions of the
duties and fu
Meets
or
exceeds
position
de9ree
Demonstrates extremely broad and

deep job knowledge and exceptional
ability in performing the essential
certification and training
requirements Understands role within
certification and
or training
requirements Thoroughly
the organization
and
how
performance of assigned duties
understands the significance of job
s
impacts the company
responsibilities relative to
organizational goals and objectives
Pursues
success
ongoin9 training and
development
Has significant understanding of
of related
related jobs a
d functions
Aggressively pursues ongoing training
to improve job
knowledge Has good understanding
jobs and functions
and development related to

gjob knowledge and
expandi
effectiveness
Comments
Appraiser Comments Christine must e

gage in more data research related o her assignments and put more quality time into
her assignme
ts She must ask more questions in order to focus on what information she needs to improve her work product
Emptoyee Comments I have a greater knowledge of tracking and spending moneys budgeted I am confident when preparing
various analysis requested by departments
Leadership
200
Weight Rating
Summary
100
Appraiser
Score
00
3
00
3
00
4
00
4
The ability to effectively lead others in achieving stated duties and

assignments The degree to which the manager demonstrates a
Employee
positive exampie in leading staff toward achievement of company

goals and mission
Factor Rating Detaiis
2 Needs Improvement
3 Contributor
Completely lacks ability to 9uide
Ability to guide others is limited due
Focus and direction is good and
others due to lack of effort desire
to lack of effort desire vision or
usually consistent with desired
vision or positive attitude Leadership
positive attitude Leadership skills are
results Leadership skills are adequate
skilis are inconsistent with company
inconsistent with company values
but further development may be
1 Unacceptable
values
eeded Generally shares company

values and demonstretes a positive
attitude toward organizational
objectives
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4 Valued Performer
5 High Performer
Shares and promotes company values
Seen as an exemplary role model
and
contributor and leader Holds self and
goals through effective
leadership Encourages and

others
as
mentors
others accountable to high standards
Inspires associates to higher levels of
needed
performance
0 Comments
Appraiser Comments Christiane must improve her leadership skills to be more in conformance with departmental
goals and
objectives
Employee Comments
15
Follow Through
Weight
Summary
100
Appraiser
Rating
Score
00
2
00
2
00
4
00
4
The demonstration of reliability and a full commitment to complete

resQonsibilities with
assigned
vision A willingness
super
minimal
to
Employee
take responsibility for actions solve problems as they arise keep all
parties fully informed and stay with a job through al stages of
completion
1 Unacceptable
2 Needs mprovement
3 Contributor
Follow through is inadequate Shirks
Foilow through is inconsistent Does
Follow through is good Projects are
responsibility for assignments and
not always take responsibility for
responsibly tracked through
problems Involved parties are often
assignments and problems Projects
completion i
volved parties are
not informed of project status
may not be completed on time
informed of project status Some
Projects are oRen left unresolved and
because of a lack of commitment or
supervision is required
incomplete Requires significant
inability to solve problems Involved
supervision
parties are sometimes not informed of

project status May require continual
supervisio and input
Valued Performer
5 High Performer
through is very good Takes

responsibility for actions
Foltow through is exceptio

al
Takes
demonstrates
fully informs i
volved parties keeps
Follow
good problem solving
complete responsibility for actions
track through
and keeps projects on
projects on
track through effective
all stages of
problem solving and demo

strates
parties
are
completion Involved
well informed of
status Requires minimal
project
supervision
full commitment to an assignment
through completion Requires minimal

or no supervision
Comments
aiser Comments Christine needs to improve on her follow through by communicating more consistently with her
App
supervisor Her assignments require periodic check

ins testing and communications in order to accomplish the desired end
results
Employee Comments
Goat Performance
Goal Rating Details
1 Not addressed
2 Incomplete
3 Progress
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Little
or
toward
no
progress has been
mad
completion of this goal
Marginal progress has been made but

major aspects of the goal are
nt
Sig
progress has been made in
completing major aspects of the goal
incomptete
5 Exceeded
Complete
All major aspects of the goal have

been achieved Performance
expectations
met
All aspects of the goal have been

achieved Performance exceeded
expectations
College Goal
50
Summary
Appraiser
Weight Rating
100
Score
00
3
00
3
00
3
00
3
Due Date OS
2012
14
Empioyee
Continue to progress on your Bachelor

sdegree
Action Steps
Comments
Comments
Appcaiser
Empioyee Comments I am still attending coilege full time an expect to obtain my Bachelor
sDegree by December 2013
ZS
Summary
Appraiser
Weight Rating
100
Score
00
4
00
4
00
5
00
5
Due Date OS
2012
14
Employee
Spreadsheet that account for the program project budget It shows
portions of the budget that have been expended and the remaining
budget
Action Steps
Comments
Appraiser Comments
Employee Comments Spreadsheet has bee fully developed and implemented It has been intregral to tracking the budget
Cost Centers
25
Summary
Appraiser
Weight Rating
100
Score
00
3
00
3
00
3
00
3
Due Date OS
2012
14
Employee
Detailed reports of expenses for individual divisions

0 Action Steps
Comments
Appraiser Comments
Employee Comments Some departments Cost Centers have been completed while others remain outsta
ding This task was
reassigned to another staff inember by the director all information was forvvarded to her in that transition
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ure GoaEs
Fu
Surnmary Camment
Summary Comments
Appraiser
Employee I work diligently to provide my best work for the department I put the needs of the department before my own
preferences to help ensure that the department is successfui and work to the best abi
ity When others reach out for
assistance I am always available to assist them I am stiil learning to perfect the new tasks assigned to me and will
continue to perform to the best of my ability
Final Score Calculation
Totals
Weight
Score
ce Factors
Performa
95
2
100
95
2
Performance Goals
25
3
00
0
Performance Rating
95
2
Needs Improvement
Completed
2013 at 4
27
02
08 pm
By signing below the Employee and Appraiser

sacknowledge that this Performance Appraisal has been discussed
They each understand that this appraisal is not a contract but an evaluation of performance and therefore does not
affect the employee relationship If the Employee disagrees with the contents of this appraisal he
she may check the
following box and attach an explanation of that disagreement
Electronic Signature Smith Christine

Employee
f
i Action
Signed Date
Signature
I Check this box to sign this document electronically

j
i
I
I
i
Smith Christine
Employee
Agree
Disagree
Add Comment
Save
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Christine Smith
4
2
3
013
Page 1 of 10
arding
Complaint
Alfredo
Cardenas Quality of
Director
L
Mary
I would like to bring to your attention continuing bullying and discriminatory behavior I am
experiencing by Alfredo Cardenas
Since I returned to work on February 11 2013 I have had only two interactions with Alfredo
Cardenas that he has initiated I have noticed the following concerns in addition to all of my
origina concerns brought forth in the past
February 11 2013
I was informed that I would report directly to Alfredo Cardenas
Alfredo Cardenas did not attend work this day and I was placed in an empty office with
rt es
u
a
p one a broken air No com uter
Was given no tasks to complete this day

February 12 2013
I attended a return to work meeting with Alfredo Cardenas Danielle Garcia Deborah
Leistra and Kimberly Braun where the following items were discussed
Scott
o
I was to report directly to Alfredo Cardenas
o
All work would continue to be assigned using the assignment worksheets
o
If I required information to be obtained from the field I was to go to the Senior
Project Manager
s to place my requests for information not directly to field
personnel
o
I was to work with Celina Suarez and use her as an information
research
gatherer to complete assignments
o
I was given a Memo outlining my performance expectations and was to
complete all assignments in accordance with these performance expectations
taking into account 4 Use of the appropriate analytical methods including
System Analysis Program Evaluation Research Methods and Quantitative
Qualitative Analysis to complete assignments Attachment 1
0
1 was informed that the work quality expectations had been elevated due to the
new staff that had been hired in QOL and it was important that I must meet this
new level of expectation set by my co
workers
I was not to ask questions but was to bring work that had been completed up to
95 for review and further direction would be given to me at that time
90
During the meeting I informed atl in attendance that I currently had no
tasks and requested that something be assigned to me for

assignments
completion
After the return to work meeting I went into Alfredo Cardenas office where he was
speaking with Danielle Garcia and reiterated again that I did not have any assignments
to complete At this time I was told by Alfredo Ca
denas that he would send me some
assignments that evening and I would have tasks to complete beginning on February 13
2013 This
was never
done
Christine Smith
2013
3
4
arding
Complain
Alfredo Cardenas Quality of
Director
L
Page 2 of 10
February 14 2013
In the afternoon Alfredo Cardenas came into my office to advise that he was not
intentionally ignoring
me
He stated that he had been busy and was instructed to
delegate tasks that were coming in and because of this direction he was going to
reassign me to report to Danielle Garcia instead of him I later received an email from
Alfredo
Cardenas
confirming
the
report
change
effective
February
19
2013
Attachment 2
At this time I still had no tasks or assignments given to me
February 19 2013
I received a meeting invite sent by Danielle Garcia for 9

8
0
0 to discuss projects and
assignments At 9
15 Danielle Garcia came in to apologize that she missed the meeting
and it was rescheduled to 10
11
00
Inthis meefing Danielle Garcia gave Celina Suarez and l a list of assignments to begin
We went over each assignment on the list and discussed what was
expected for each of the assignments I drafted an email to confirm the conversation
working
on
Attachment 3
A response was drafted from Danielle Garcia

s email outlining the changes to my notes
and our discussion in red The tone of the email was not the standard tone that would
be used if it were written by Danielle Garcia rather it is the standard tone that would
be used by Alfredo Cardenas Attachment 4
February 20 2013
I sent an emai to Tim Sullivan Chris Boatman and Rick Cross copying Celina Suarez and
Danielle Garcia regarding setting a schedule to plan for and route agendas for
Commissions Committees
and Boards that I
Danielle Garcia
s emaiF
February 21
on
oversee
2013
A response was drafted from
The tone of the email was not the
standard tone that would be used if it were written by Danielle Garcia rather it is the
standard tone that would be used by Alfredo Cardenas Attachment 5
February 22 2013
I sent an email to Tim Sullivan Rogelio Garcia and Shayna Walker requesting
information from them so that I could prepa
e a PD Take Home Vehicle Analysis that
was
requested
of
ine
Per direction from Alfredo Cardenas in our meeting held on
February 12 2013 I requested that Tim provide a number of reports so that I could
complete this analysis He responded telling me to Use the QoL computer that has RTA
access
to
obtain the
requested
information
1 believe it is Melissa
s current work
station Your log

in name and password should be the same Jocelynn will be able to
assist you if you need any information from the vehicle hard files Attachment 6
Tim Sullivan came into the QOL Admin office and I discussed his response with him I
informed him that it was per Alfredo Cardenas direction in my February 12 2013
meeting that I was requesting the reports from Tim
Tim Sullivan and 1 met with Danielle Garcia to discuss this concern Danielle Garcia told
me that I must have misunderstood what Alfredo Cardenas was stating during the
meeting
and
that
misunderstanding
on
was
to
obtain
the
myself
There was no
out
of the meeting
stepped
information
my part but Danielle Garcia had
Christine Smith
2013
3
4
arding
Complaint
Alfredo Cardenas Quality of Lifg

Director
Page 3 of 10
during this discussion to attend to a phone call At this time I requested that RTA be
installed on my computer so that I could get the necessary reports without interfering
with other staff members work
February 26 2013
Received meeting invite from Chris Boatman to Discuss Assignment Procedures During
this meeting which Danielle Garcia Tim Sullivan Chris Boatman Celina Suarez and I
attended we discussed that new projects would not be coming over on Assignment
Sheets Danielle Garcia advised that Chris Boatman and Tim Sullivan were to email
requests to me copying her and she would monitor my work load through email
format
February 27 2013
I received my past due personnel evaluation for the time period of May 15 2011 to May
14 01 ttachment 7 and was rated in the Needs tmprovement
the retaliation I am receiving for the grievances previously filed against Alfredo
Cardenas Per the letter dated January 11 2013 from N Enrique Martinez in response
to my grievance regarding my promotional probationary rejection for the Fleet Services

Administrative Coordinator Attachment 8 he states
Cardenas will be directed to provide Smith with a past due performance
evaluation further he will be directed to consult with Human Resources staff

before such an evaluation is issued to Smith Finally Cardenas wilF be directed
not to engage in any retaliatory actions upon Smith
s return to her former
position of Senior Administrative Analyst
That clearly was not the case with the review that I receiyed and retaliation is evident
based
on
comments
that
Alfredo
made
Cardenas
during
2011
the
Employee
Appreciation Lunch I was nominated by Alfredo Cardenas as Employee of the Year in

November 2011
and
was
awarded the honor
Attachment 9
During the awards
ceremony Alfredo Cardenas stood in front of all in attendance and spoke to the affect
that I was an invaluable employee and he does not know how he would have made it
through his first six months without my assistance This being the case how is it that I
am an employee who Needs Improvement as my unfair and past due employee
evaluation alludes to
I do not agree with many of the comments made in my review but specifically want to
note the following items
I received a 3 in this category which identifies me as a
o
Analytical Skills
Contributor
Per the Employee of the Year Nomination Form Attachment 9
Alfredo Cardenas stated that I have superior analytical skills

o
Attitude
I received a 3 in this category which identifies me as a Contributor
Per the Employee of the Year Nomination Form Attachment 9 Alfredo

Cardenas stated that I have an exceptionally positive attitude
o
Communication
Contributor
I received a 3 in this category which identifies me as a
Per the Employee of the Year Nomination Form Attachment 9
seek
Alfredo Cardenas stated that I
to
find solutions
to
challenges daily
Christine Smith
2013
3
4
arding
Complaint
Alfredo Cardenas Quality of Lif

Qirector
Page 4 of 10
determined and decisive in the tasks she is given to accomplish has shown her
reliability in meeting the department

s objectives in Qol
o
Dependability
received a 3 in this category which identifies me as a
Contributor Per the Employee of the Year Nomination Form Attachment 9

seek to find solutions to challenges daily
determined and decisive in the tasks she is given to accomplish has shown her
reliability in meeting the department
sobjectives in QoL
Ethics I received a 3 in this category which identifies me as a Contributor Per
the Employee of the Year Nomination Form Attachment 9 Alfredo Cardenas
stated that seek to find solutions to challenges daily determined and decisive
in the tasks she is given to accomplish has shown her reliability in meeting the
s objectiVes in QoL
department
fi3 in this category which identifies me a

Contributor Per the Employee of the Year Nomination Form Attachment 9
consistently demonstrates an ability above and
beyond her current position as Senior Administrative Analyst She is frequently

called upon to perform tasks that represent her superior analytical skills She
seeks to find solutions to challenges daily She seeks new responsibility
irrespective of reward or recognition determined and decisive in the tasks she

is given to accomplish She demonstrates her capability of building and
implementing sophisticated plans and projects has shown her reliability in

meeting the department
sobjectives in QoL
Leadership I received a 3 in this category which identifies me as a Contributor
Cardenas stated that I seek to find solutions to challenges daily determined
and decisive in the tasks she is given to accomplish has shown her reliability in
meeting the department
s objectives in Qol creation of the QoL
s first
maintenance analysis and a reorganization of counter services for
operations
all customer service requests from the Quality of Life department to the One
o
Stop Permit Center

Follow Through
I received a 2 in this category which identifies me as Needs
Improvement The following is the comments which states

Christine needs to improve her follow through by communicating
more
consistently
with
her
supervisor
Her assignments require
periodic check
ins testing and communications in order to accomplish
the desired end results

Cardenas stated that I
consistently demonstrates an ability above and beyond
her current position as Senior Administrative Analyst She is frequently called
upon to perform tasks that represent her superior analytical skills She seeks to
find solutions to challenges daily She seeks new responsibility irrespective of
reward or recognition determined and decisive in the tasks she is given to
accomplish
She demonstrates her
capability
of
building
and
implementing
Christine Smith
4
2
3
013
Page 5 of 10
arding
Complaint
Alfredo Cardenas Quality of Lif

pirector
sophisticated plans and projects has shown her reliability in meeting the
s objectives in Qol
department
This Performance Evaluation is false and inaccurate and I take offense to the
insinuation of it in its entirety I met almost daily with Alfredo Cardenas from the time
he was hired in April 2011 until my auto accident in October 2013 Alfredo Cardenas
was aware of afl assignments I was working on and tasks I was performing and
completing and I had his support in the directions I was taking He was instructing me in
regards to any questions that I was unsure of and used my completed assignments as a
tool for other employees in the QOL Department to learn from as examples of what he
from
them
Had my review been completed in a timely fashion instead of

being 9 months past due my review scores would be much higher and in line with
expected
wtsere tf
uld b and notthebeca
i
ey
rseafter
my grievances were filed Remember back to our return to work meeting that occurred
on October 15 2012 when I came back from my car accident and Fred informed all in
that meeting after he informed me that I was being terminated he further informed
me that my past due evaluation was being processed and it was going to be poor
Per the City of Redlands Personne Rules and Regulations Section VI E Each
performance evaluation shall be discussed with the employee This step still has not
occurred the evaluation was not reviewed with me nor was further clarification
provided regarding concerns with my performance It is evident that there is retaliation

contained in the Performance Evaluation that was prepared
March 11
17 2013
I was on vacation during this time

March 19
21 2013
I was on Jury Duty during this time

During the time I was out on Jury Duty Celina Suarez was moved into my office which we
now currently share
March 25 2013
I held a meeting with Danielle Garcia to discuss the Equipment Alternatives and
Preliminary Business Plan assignment that she had given me During this meeting I
relayed that I still had concerns with my minimal work load and emphasized that we
needed to work together to get through the negative energy in the office She stated
that she was given specific instructions
March 27 2013
Met with Danielle Garcia to review Cost Centers that I completed
I informed her that everyone in the QOL office was overburdened by work and I was
again requesting more assignments She told me that she had some assignments sitting
on her desk for months and that she would be going through them and assigning them
to me for completion She asked that we meet on March 28 2013 to discuss these
items
I was asked by Danielle Garcia to circulate a staff report to various directors to be

submitted for the
April 2
2013 Council
Meeting
While
obtaining signatures
spoke
Christine Smith
4
2
3
013
Page 6 of 10
arding
Complaint
Alfredo Cardenas
Quality
of
irector
li
Leistra
with Deborah Scott
During the conversation she informed me that Alfredo

Cardenas was given specific instructions to have zero interaction with me
Per the Bullying Policy I feel the following areas have been violated Attachment 10
Exclusion socially or physically excluding or disregarding a person in work
related
activities
o
Alfredo Cardenas has done this
by excluding both Celina Suarez and me He

moved us into the same office in a back corner of the Quality of Life Department
separate from the rest of the administrative and management staff in QOL
There is also discussion of moving Julie Neitzel a general unit employee who has
also filed complaints against Alfredo Cardenas into this office as well which
further offers support that he is exiling all employees that have filed grievances
against
o
im
No other Mid
Management or Management employees in the QOL Department
are required to share an office with othe staff and there is one General Unit
employee who has her own office in QOL Admin even though she reports to the
Fleet division I feel I am being retaliated against because of the prior grievances
that I filed
Spreading of rumors and gossip regarding individuals

o
t know through past interactions with Alfredo Cardenas that he is a person who
talks negatively about employees that he does not care for He insults their
abilities and influences the way other co
workers view this employee Because
of the changed interaction I have experienced with several of my co
workers it is
my assumption that he is doing this again in regards to me
o
When I first returned to work on February 11 2013 he informed Celina that I
would probably be requesting my chair from her He did this with a tone that
relayed to her that I was trying to be a difficult employee for asking for a chair
that was specifically ordered to fit me ergonomically I know that in the past he
has talked bad about me as this has been confirmed by Celina Suarez
Persistent singling out of one person in a negative manne
o
I am the only Mid
Manager that is not overwhelmed by assignments that have
been given to me even though I continually request more work
o
I have been placed in an office that I share with another person who has filed
grievances against Alfredo Cardenas as punishment for having filed grievances
against Alfredo Cardenas
I am the only Mid

Manager in QOL that Alfredo Cardenas does not interact with
regarding tasks and assignments given rather he completely avoids and ignores
my presence
o
I am the only Mid

Manager in QOL that shares an office while a GEAR employee
who reports to the Fleet Division has her own office in QOL Admin
On March 23 2013 I gave Danielle Garcia staff reports that I had drafted for
various fee waivers to go
on
the
April 16
2013 Council
Agenda
Christine Smith
2013
3
4
garding
Complain
Alfredo Cardenas
Quality
of
Director
L
Page 7 of 10
On April 3 2013 Danielie Garcia brought the April 16 2013 staff reports back to
me with a few corrections and a statement on one saying This is a similar
comment on last fee waiv
ers sent Please revise in the future Attachment
11
I pulled the last fee waivers that I prepared which were for the April 2 2013
Council meeting and reviewed the hand written comments that Alfredo
Cardenas had provided with Danielle Garcia On the April 2 2013 staff reports
Attachment 12 Alfredo Cardenas hand written comments gave direction to

arrange the information in the
that
had submitted for the April 16
2013 staff reports
When I asked Danielle to clarify which format she wanted me to use she stated
manner
that Alfredo Cardenas had requested that she note this change stating that he
requestecl this change in the past
Deliberately excluding an individual or isolating them from work

related activities
meetings etc
o
Celina and I have been isolated from the rest of the office physically and
interactively and are not acknowledged by or invited to participate in any
meetings which we used to be part of
Alfredo Cardenas has only initiated contact with me on two occasions once on
February 12 2013 during my return to work meeting and again on February 14
2013 when he informed me that I would begin reporting to Danielle Garcia
Alfredo Cardenas interacts professionally with all other QOL Admin Staff
regularly with the exception of Celina Suarez and me

Repeatedly accusing someone of errors which cannot be documented
o
On March 23 2013 I gave Danielle Garcia staff reports that I had drafted for
various fee waivers to go on the April 16 2013 Council Agenda

On April 3 2013 Danielle Garcia brought the April 16 2013 staff reports back to
me with a few corrections and a statement on one saying This is a similar

comment on last fee waivers sent Please revise in the future Attachment
11
I pulled the last fee waivers that I prepared which were for the April 2 2013
Council meeting and reviewed the hand written comments that Alfredo
Cardenas had provided with Danielle Garcia On the April 2 2013 staff reports
Attachment 12 Alfredo Cardenas hand written comments gave direction to
arrange the information in the manner that I had submitted for the April 16
2013 staff reports
When I asked Danielle to clarify which format she wanted me to use she stated
that Alfredo Cardenas had equested that she note this change stating that he
requested this change in the past
Manipulating the ability of someone to do their work e

g overloading underloading
withholding information setting meaningless tasks setting deadlines that cannot be
met giving deliberately ambiguous instructions
Christine Smith
4
2
3
013
Page 8 of 10
o
egarding
Complain
Alfredo Cardenas Quality of Lj

Director
Underloading
Alfredo Cardenas does this continuously by not fulfilling my

requests for more assignments
Setting Meaningless Tasks
I prepared a PD Take Home Vehicle Analysis at
Alfredo Cardenas
I routed this item through Tim Sullivan as it was a Fleet
Analysis and Tim mentioned that although the information was good it was not
an
assignment he had requested
To date nothing has been done with this
assignment
I was asked to prepare a City Comparisons spreadsheet comparing other Cities to

Redlands This is a task that the front office staff should have prepared not a
Senior Administrative Analyst as it was telephone calls and emails to various

cities requesting specific numbers and dollar amounts
Giving Deliberately Ambiguous Instructions
Alfredo Cardenas does this with
a1l assignments he gives ancasking

orclarificat
a stanci
ion
rd response is
that as a Senior Administrative Analyst t should not need to be micro

managed
and that his instructions a
e elear enough
Inflicting menial tasks not in keeping with the normal responsibilities of the job
o
I am constantly being asked to perform tasks that should be performed by front

office staff
not
Senior Administrative
Analyst
These
were tasks that
previously performed as an Administrative Assistant II including the City

sdocument
Comparison
The fact that Human Resources has acknowledged that Alfredo Cardenas is not to interact with
me is confirmation that the City agrees with this ideology Unfortunately if a problem is never
resolved negativity continues to fester and the problem gets larger instead of dissolving
The hostility
tension still exists and is witnessed regularly by other staff in and out of the
department I notice that when I make an effort to go into Alfredo Cardenas office he is visibly
upset and
fidgety
He does not make eye contact with me and does his best to avoid me at
all
costs
As an employee at any company you are required to work with people that outside of work
you would not
courteous to
interact with
those individuals
These interactions are on a professional level and you are

Instead of the City of Redlands addressing the bullying and
violence in the workplace situation in an acceptable manner they disregard the obvious
liabilities and instead of requiring Alfredo Cardenas to change his behaviors they inform him
that he is to have zero interaction with me an employee who ultimately reports to him
I have many concerns with this the least of all being that he still ultimately has power over me
with my
job
and
performance
review
I will never be able to be promoted under Alfredo
Cardenas not because I am an inadequate employee by any means his nomination form
Attachment 9 certainly relays otherwise but rather because of the unresolved bullying and
violence in the wo
kplace issues that lay between us and the City
s failure to act appropriately
regarding
them
Christine Smith
4
2
3
013
Page 9 of 10
garding
Complain
Alfredo
Cardenas Quality of
Director
L
I find it in very poor taste that the City of Redlands is allowing three women to be discriminated
against by Alfredo Cardenas The City
s responses to our past grievances are attached as
Attachment s 8 13 14 and 15 It is apparent by these responses that the City of Redlands
does not feel the need to acknowledge the bullying discrimination and violence that is
occurring but would rather put the blame on the victims of this inappropriate behavior in an
attempt to discredit the accusations being made To allow this type of behavior is ridiculous
and unsatisfactory for all employees in the City of Redlands who have in the past and are
currently experiencing this atrocious behavior
Attachment
16 is the most recent complaint filed by SBPEA on behalf of GEAR I would like
CEA to assist me with the following filings and requests
I would like to obtain copies of all documentation from the investigation that we
requested November 2012 where Steve Fila
sky who w
s cting as a third party
investigator interviewed and compiled evidence regarding Alfredo Cardenas actions
against me
I would like to file a grievance based on violation of the City

s bullying policy and sexual
discrimination and have another formal investigation done this time not by Mr Filarsky
but by an unbiased third party investigator to interview various City staff regarding
their interactions with Alfredo Cardenas and his violent bullying and discriminatory
behavior to these individuals
I would like to file a grievance regarding the evident retaliation included in my past due
performance evaluation for the period of time between May 15 2011 and May 14
2012 which in the City Manager in his response to rny previous grievance Attachment
8 dated January 11 2013 ensured that there would be no retaliation actions upon my
return to my former position of Senior Administrative Analyst
Per pages 41 and 42 of the City of Redlands Personnel Rules and Regulations under
Section
COMPLAINT
PROCEDURE
FOR
DISCRIMINATION
HARASSMENT AND
RETALIATION Subsection 1 COMPLAINT PROCEDURE the following items should be

noted
o
Item a Reporting to the Offending Individual I feel that I have already reported
these concerns when filing my past grievances against Alfredo Cardenas I am
not comfortable with engaging in this type of conversation with him due to my
past experiences where Alfredo Cardenas exhibited violent behaviors by
slamming and shoving chairs raising his voice and becoming very angry in prior
meetings
Item b Reporting to Management I reported these concerns to the Human

Resources Department on several occasions the last being April 2 2013 and
they are aware of my concerns
Item f Remedial and Disciplinary Action it states that Disciplinary actions may
also be taken against any official supervisor or manager who condones or
ignores potential violations of this policy or otherwise fails to take appropriate
action to enforce this policy I believe that it is important to note that victims in
QOL have done what they can to address and raise awareness to the concerns
Christine Smith
2013
3
4
garding
Complain
Alfredo Cardenas Quality of Ljfg Director
Page 10 of 10
that they have and little has been done to acknowledge and rectify the
It is the City
s duty to investigate allegations and address the issues
accordingly
concerns
Item g Option to Report to Outside Administrative Agencies I contacted the

DFEH regarding my concerns with Alfredo Cardenas in October or November of
2012 and requested that they perform an investigation of the situation Upon
my contact with them I was made aware that they have a one year back
log and
will get to my complaint in the order in which it was received
This letter is not meant to call out anyone that I mentioned or to put any of them on notice
but was rather compiled for informational purposes to provide some basis for my cause for
concern
related to my
complaints against
Alfredo Cardenas
I know it is a lot of information
but I feei importantto address alt of thE and

outstanding issues Piease me
you have any questions 909 435
9272 or you can email me at chris
com
smith@yahoo
24
Thank you
Christine Smith
City of Redlands
CEA
mployees Asso
City
ciates
2918 E 7 Street
Long Beach CA 90804
562 voice
6983
433
1264 fax
433
562
net
cea@cityemployees
May 6 2013
Mr Enrique Martinez
City Manager
City of Redlands
Subiect Grievance on behalf of Christine Smith Senior Administrative Analyst
Dear Mr Martinez
I am representing Ms Christine Smith in a grievance against the City of Redlands based on

the following violations of her rights under law and contract
Harassing and Discriminatory Conduct
Violation of the Policy Against Bullying
Retaliation for Conduct Protected by Government Code 3500
The Department
sharassing conduct dates back to Ms Smith
suse of inedical leave in
August 2012 As you are aware these allegations were document and submitted to you in
the grievance filed on behalf of Ms Smith on October 17 2012 Although the outcome of
this grievance was that Alfredo Cardenas Quality of Life Director was to have no contact
with Ms Smith the behavior of intimidation harassment bullying and now ostracizing
continues today
As a result of the stress caused by Ms Smith

s prior allegations she was placed on medical
leave Ms Smith returned to work on February 11 2013 Upon her return she learned that
she was moved to a back office and not provided the tools necessary to be productive at
work She was not given any work nor a computer or functioning desk chair Although Ms
Smith repeatedly requested work assignments she was not provided any work until February
19
2013
Ms Smith feels that her work load is minimal in comparison to her co

workers She has
informed Danielle Garcia of this believe only to be informed by Ms Garcia that she was
given specific instructions Ms Smith has presented her believe that she has a
disproportionate work load which has placed an overburden on her co
workers with no
avail
On February 27 2013 Ms Smith was provided her past due performance evaluation for the
time period of May 15 2011 to May 14 2012 Ms Smith was rated as Needs
Improvement in her overall performance We believe this evaluation is in retaliation for her
use of sick leave and for exercising her right to file a grievance over her prior treatment from
Mr Cardenas
During this evaluation period Ms Smith was nominated for and received employee ofthe
year In November 2011 Mr Cardenas spoke at the award ceremony and praised Ms
s performance and referred to her as an invaluable employee During this evaluation

Smith
period Ms Smith was assigned to the acting position of Fleet Services Administrative
Coordinator and ultimately promoted to the position in July 2012
Every indication was that Ms Sinith was an excellent employee during the evaluation period
Mr Cardenas has not provided any documentation to support a change in performance level
It must then be concluded that the change is not based on performance but rather on
retaliation and
or discrimination
On or about March 19 2013 Celina Suarez was moved into the office of Ms Smith Ms
Suarez has also filed a grievance against Mr Cardenas stating the same issues with bullying
and harassment Both Ms Smith and Ms Suarez have reported that Mr Cardenas intends to
move a third employee into this office and that employee also filed a complaint of
harassment against Mr Cardenas
It is becoming common knowledge in the Quality of Life Department that if you file a
complaint you will be ostracized to the back corner office and isolated from any work or
social interactions with your co
workers
For the examples stated above we claim that Mr Carderas has continued to violate the
Policy Against Bullying by
Socially or physically excluding or disregarding a person in work

related activities
Persistent singling out of one person in a negative manner
Deliberately excluding an individual or isolating them from work

related activities
Repeatedly accusing someone of errors which cannot be documented
Manipulating the ability of someone to do their work e

g overloading under
loading withholding information setting meaningless tasks setting deadlines that
cannot be
met giving
deliberately ambiguous instructions
We request a meeting with you to go over materials and information in support of this
grievance If our client
s work conditions do not improve this office will assist her in
seeking additional legal remedies
Respectfully
Mary LaPlante
Human Resources
Board of Directors
EXHIBIT N
d EMKp
iE
rV
1
5
J
SThTE
Gf Cl
LGORNIA
sner ervic2s and kiousmp Ag

Cons
cy
DEPARTMENT OF FAIR EMPLOYMENT H HpUSING
GCVERMOR EOMUND G 6R
J JR
1
CIRECiOR PMYLLIS 5V CHENG
2218 Kausen Drive

Suite 100 I Eik Grove 1 CA I
95758
1684 i Videophane9t6
4
Q0
5I TTY 7qt1
52
226
i3
8
Q
23
nv
v
gov
centeraL
taet
co
goviemaiL
ca
dfeh
Sep 06 2013
Christine Smith
1721 E Colton Avenue Space 41

Redlands CA 92374
RE Notice of Case Closure and Right to Sue

DFEH Matter Number 55810
67217
Right to Sue Smith
City of Redlands Alfredo Cardenas
Dear Christine Smith
This letter informs you that the above

referenced complaint was filed with the Department of Fair Employment
and Housing DFEH has been closed effective Sep 06 2013 because an immediate Right to Sue notice was
requested DFEH will take no further action on the complaint
This letter is also your Right to Sue notice According to Government Code section 12965 subdivision b a
civil action may be brought under the provisions of the Fair employment and Housing Act against the person
employer labor organization or employment agency named in the above
referenced complaint The civil action
must be filed within one year from the date of this letter
To obtain a federal Right to Sue notice you must visit the U
S Equal Employment Opportunity Commision
EEOC to file a complaint within 30 days of receipt of this DFEH Notice of Case Closure or within 300 days of
the alleged discriminatory act whichever is earlier
Sincerely
Department of Fair Employment and Housing
Enclosures
cc Human Resources Agent for Service for City of Redlands Cardenas

City Manager City
of Redlands
R
fj
jU
aTATE 4F CF
LIfORP71A I
s Senices and flou5no Agwicy
DEPARTMEN
FAIR EMPG
OYMEN7
USING
H
oiaecrca rrntus w ciEnic
2218 Kausen Orive Suite 100 I Eik Grove 1 GA I 95753

4
16
fi84
800
I Videophone 91fi
TiYSQO
851
57
226
0
3
700
got I cmail contactcenter

ca
dfeh
tivwryv
gov
ca
dfeh
Sep 06 2013
RE Notice of Filing of Discrimination Complaint

DFEH Number 55810
67217
Right to Sue Smith City of Redlands

To All Respondent
s
Enclosed is a copy of an complaint of discrimination that has been filed with the Department of Fair Employment
and Housing DFEH in accordance with Government Code section 12960 This constitutes service of the
complaint pursuant to Government Code section 12962 A copy of the Notice of Case Closure and Right to Sue
is enclosed for your records
Please refer to the attached complaint for a list of all respondent

sand their contact information
No response to DFEH is requested or required
Sincerely
Department
of Fair
Employment
and
Housing
i
orM
Cl
t
R
y
47E OF
ST
GALIFORIJIn
1
Riment of
OE
Fair
Employment and Hoasng
RFFJ4TRIGFiTTO SU
iPL01
E1
i3
MPLAINT OF DISCRIMINATION UNQER THE PRaVISIONS OF THE

CC
f
U
CALIFORNIA FAIR EMPLaYMENT ANQ HOUSING ACT
GFEFi P
R
B
1
67217
55810
COMPLAINANT
Christine Smith
NAMED IS THE EMPLCYER PERSON AGENCY ORGANIZATION OR GOVERNMENT ENTITY WHO DISCRIMIfvATED AGAINST ME
RESPONDENT
City of Redlands
ADDRESS
35 Cajon Street Ste 222 PO Box 3005 Redlands CA 92373
PHONE
909 798
7655
Alfredo Cardenas
AGENT FOR SERVICE
ADDRESS
Human Resources
35 Cajon Street PO Box 3005 Redlands CA 92373
PHQNE
909 798
City of Redlands
NO OF EMPLOYEES
560
S
RESPONDENT
CO
City Manager City of Rediands
DATE FILED Sep 06 2013

MODIFIED
Sep 06 2013
MOST R
CENT DISCRIMINATION TOOK PLACE
TYPE df EMPLOYER
Local Govt
State
CCRESS
35 Cajon Street Ste 200 PO Box 3005 Redlands CA 92374
REVISED JULY 2013

PAGE 1
3
sr
STATE OF
GALIFORNLG 1
ment of Fair
Emptmfinent
and
Hocsna
EIdPLOYhtENT RIGHT TO SUE
MPLAINT OF DISCRIMINATI4N UNpER THE PR

CC
VISIONS OF THE
CALIFORNIA FAIR EMPLOYMENT AND HOUSING 14CT
Ei YVi
Y
67217
55810
1 ALLEGE THAT I EXPERIENCED
ON OR BEFORE
BECAUSE OF MY
AS A RESULT I Wr
S
STATEMENT OF FACTS
On July 9 2012 I was promoted to the position of Fleet Services Administrative Coordinator that had a probation
period of 6 months One month after I was promoted August 12 2012 I was involved in an off duty motor vehicie
accident which put me off work for 9 weeks on protected leave FMLA While I was out I was in constant
communication with various employees one of which informed me that Alfredo Cardenas told them that when I
returned I was going to be in a living hell at work I went into Human Resources and made them aware of this
comment and my concerns of arriving back to work with that threat pending I informed them that I would not
tolerate his builying and put them on notice that i would be seeking outside assistance if his actions became
agressive or retaliatory in any way Upon my return on October 15 2012 I attended a meeting with Alfredo
Cardenas Danielle Garcia and my union rep Mary LaPlante during which I was informed that I was being
terminated and wouid not pass probation for the Fleet Services Administrative Coordinator position that I has
been promoted to on Ju
y 9 2012 During this meeting i was not given any reasons as to why I was being
terminated only that I had an option to return to my previously held position of Senior Administrative Analyst
Alfredo Cardenas went on to inform Mary LaPlante and me that he was currently preparing my evaluation for the
Senior Administrative Analyst position that was due on May 15 2012 and that evaluation was not going to be
favorable He suggested that I resign from the Fleet Services Administrative Coordinator position so that it would
not reflect negatively on my resume During this meeting Mary LaPlante my union rep informed Alfredo
Cardenas that she would be filing a grievance in response to this meeting for retaliation based on my being out
on protected leave FMLA because I was not returned to my former position upon being released from my doctors
to come back to work She further informed him that he was in violation of the law by acting in this fashion A
grievance was filed on October 17 2012 I was also retaliated for taking protected leave FMLA by being demoted
back to the position that I previously held prior to being promoted
DATE FILED
MODIFIED
Sep 06 2013
Sep 06 2013
REVISED JULY 2013

PAGE 2
3
Ri4
w
STATE OF CALIFORNIA I O
Rmctit of Feir Employmenf and
EhiPLOYhSEMT RIGHT TO SUE
COMPLAINT OF DISCRIMINATI
N UNDER THE PRUVISIONS OF THE
f
CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT
L
T
x
OFEH NUMB
R
55810
SIGNED U
iDER PENALTY OF PERJURY
I wish to pursue this matter in court I hereby request that the Department of Fair Employment and Housing
provide a right to sue I understand that if I want a federal right to sue notice 1 must visit the U
S Equal
Employment Opportunity Commission EEOC to file a complaint within 30 days of receipt of the DFEH Notice of
Case Closure and Right to Sue or within 300 days of the alleged discriminatory act whichever is earlier
I have not been coerced into making this request nor do I make it based on fear of retalliation if I do not do so I
understand it is the Department of Fair Employment and Housing

spolicy to not process or reopen a complaint
once the complaint has been closed on the basis of Complainant Elected Court Action
By submitting this complaint I am declaring under penalty of perjury under the laws of the State of California that
to the best of my knowledge all information contained in this complaint is true and correct except matters stated
on my information and belief and I declare that those matters I believe to be true
Verified by
and dated on Sep 06 2013 at
DATE FILED Sep 06 2013

MODIFIED
Sep 06 2013
REVISED JULY 2013

PAGE 3
SUPERIOR
COURT
OF
COUNTY
CALIFORNIA
OF
SAN
BERNARDINO
y
SAN
BERNARDINO
CIVIL
303
WEST
STREET
SAN
BERNARDINO
THIRD
CA
DIVISION
0210
92415
CASE
CIVDS1311312
NO
NOTICE
OF
TRIAL
SETTING
CONFERENCE
IN
RE
REDLANDS
V
SMITH
Notice
the above
entitled case
Trial
the
San
is hereby given that

Setting Conference at
Bernardino CA
HEARING
DATE
13
16
09
DATE
14
21
03
Stephen
CERTIFICATE
located
court
at
30 in
8
OF
Dept
Clerk of
Nash
at
has been set
303
West
for
Third Street
S33
the Court
By GLORIA
GRECO
SERVICE
I am a Deputy Clerk of the Superior Court for the County of San

Bernardino
at
the
above
action
on
the
date
above
and
listed
listed
and
address
place
shown
I am not a party to this

I served a copy of
below
the
notice
Enclosed in a sealed envelope mailed to the interested party

above for collection and mailing this date following
standard Court practices
Enclosed in a sealed envelope
first class postage prepaid in the
S
U
mail at the location shown above mailed to the interested party
addressed as shown above or as shown on the attached listing
addressed
and
A copy of this notice was given to the filing party at the counter
A copy of this notice was placed in the bin located at this office
and
identified
as
the
location
for
the
above law
s
firm
collection
file stamped documents

Date
of
Mailing
13
16
09
I declare under penalty of perjury that the foregoing is true and

correct
Executed
on
13
16
09
at
San
Bernardino
BY
20130417
ntsc
civ
GLORIA
CA
GRECO
of
Notice
or
NTSC
Parties
BORTON
1461
SUITE
for
has been printed for the following Attorneys

Firms
Case
PETRINI
FORD
LLP
STREET
201
REDLANDS
CA
Number CIVDS1311312
92373
on
16
9
13

Lawsuit Against City of Redlands

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Lawsuit Against City of Redlands

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DS1311312

Scanned Document Coversheet

THIS COVERSHEET IS FOR COURT

PURPOSES ONLY AND THIS IS NOT

A PART OF THE OFFICIAL RECORD

YOU WILL NOT BE CHARGED FOR

Complaint Filed imaged

Daniel L Ferguson Esq SBN 98377

BORTON PETRINI LLP

Attorneys for Plaintiff

COUNTY OF SAN BERNARDINO

CHRISTINE SMITH an individual

1 VIOLATIONS OF THE CALIFORNIA

CITY OF REDLANDS and DOES 1

6 RETALIATION UNDER FAMILY AND

MEDICAL LEAVE ACT FMLA

FAILURE TO MAKE REASONABLE

PLAINTIFF Christine Smith PLAINTIFF or SMITH is an individual and

was an employee with the City of REDLANDS

1t all times mentioned Alfredo Cardenas aka Fred Cardenas CARDENAS

PLAINTIFF is ignorant of the true names and capacities of DEFENDANTS sued

REDLANDS and DOES 1 25 inclusive

within the scope of such agency and

SMITH is informed and believes and

liable to SMITH for her damages

BASIS OF COMPLAINT AND RELIEF REQUESTED

Said retaliation and discrimination included the following

I her return from FMLA leave based on SMITH

work while other mid

Delivering to SMITH on or about February 27 2013 a negative overdue work

Employee of the Year by CARDENAS and won that award

Giving SMITH meaningless tasks and

complete and by responding negatively to SMITH

Administrative Analyst she should not need to be micro

were clear enough and

sconstructive termination due to failure to accommodate her medical condition

physical disability and

November 12 2012 letter alleging violation of the City

SMITH to her union representative on or about April 3 2013 and

These discriminatory practices as well as those described in the Generall

demotion from her position as Fleet Services Administrative Coordinator

for the demotion per Personnel Rule III

SMITH but implied that SMITH was not a self

that SMITH was not a self

She did not have the

Since SMITH was placed on Worker

25 the QOLD in order for her to return to work

Because of REDLANDS failure to accommodate the transfer which

s termination or constructive termination is wrongful because it is in

retaliation for SMITH

November 12 2012 letter alleging violation of the City

representative on or about April 3 2013 and

workers at REDLANDS that were not in the protected classes above i

physical disability and

medical condition physical disability and

FACTS COMMON TO ALL CAUSES OF ACTION

PLAINTIFF SMITH was hired by REDLANDS on or about November 15 2006

attached hereto and made a part hereof

In or about April 2011 CARDENAS started wark as the director of QOLD

CARDENAS appreciated SMITH

about the work to SMITH

Further CARDENAS would use SMITH

2 2012 the Waste Management Superintendent for