Baca Padilla Final

OVERVIEW AND INTRODUCTION

On October 6, 2011, Jo Ann Thais Baca (Ms. Baca) submitted a Letter of Complaint to the BC HR Department (BC HRD). On October 13, Jo Ann Thais Baca met with Norbert Montoya, Labor Relations Administrator, BC HRD, to discuss the details of her complaint. At the time of filing, Baca was employed as an Investment Banking Officer for the BC Treasurer’s Department (BCTD). Mr. Patrick Padilla (Mr. Padilla) was identified by Baca as the official who allegedly harassed, discriminated against, and retaliated against her. Mr. Padilla has held the elected office of Bernalillo County Treasurer since January 2009. The BC Treasurer’s Department is located in the basement of One Civic Plaza in downtown Albuquerque, New Mexico.

On October 26, 2011, Rita Montoya, with Strategic Solutions, was hired by Bernalillo County (BC) to investigate the internal complaint filed by Ms. Jo Ann Thais Baca (Baca) on October 6, 2011.

At the outset of the investigation, the following documents were provided to Ms. Montoya by the BC HRD: Exhibit A

A copy of the October 6, 2011, complaint submitted by Jo Ann Baca. A copy of miscellaneous e-mail correspondence submitted by Jo Ann Baca A copy of '''''''''''''''' '''''''''''''''''''' leave usage compiled by Jo Ann Baca A copy of a Corrective Action Plan issued to Jo Ann Baca on September 6, 2011 A copy of Administrative Instruction No. 15 (B)-Sick Leave A copy of doctor’s excuse for Jo Ann Baca dated June 3, 2011 A copy of Cancellation from Hyatt Regency Tamaya Resort & Spa A copy of (2) Letters of Commendation from Patrick Padilla dated July 21, 2009 and May 12,

2011 A copy of Letter to Jo Ann Baca dated February 11, 2011 regarding move from Accounting to

Administration A copy of Letter to Jo Ann Baca dated February 25, 2011 regarding move from front desk to

Administrative Office. Exhibit A

All witness interviews were conducted solely by Rita Montoya. Summaries of these interviews and investigative findings are stated below. All interviews were preserved in an audio format on DVD. Exhibit T

1 | Jo Ann Baca Investigation

I. ALLEGATIONS BY COMPLAINANT – JOANN BACA

On November 1, 2011, Jo Ann Baca was interviewed by Rita Montoya. The following is a summary of what was discussed during the interview: Exhibit T

Baca has been employed with BC TD since August 18, 2008. Baca explained that she has officially held the position of Investment Banking Officer (IBO) since May 2011, when she was promoted to the position. Baca stated she performed the duties of Administrative Officer III and the duties of Investment Banking officer from May 2011-September 8, 2011 and reported directly to Padilla. On September 8, 2011 Baca was notified that she was being transferred to the Accounting department and that ''''''''''''' '''''''''''''''' will supervise her. Since September 8, 2011, Baca’s performance of AO III job duties has been minimal.

Baca reported that when she was promoted to the IBO position it was explained to her that she would stay in the Administration department; and would be expected to perform the duties of AO III and some of the responsibilities of the new IBO position would be incorporated into her job duties. However, Baca stated she was never given the access to the banking systems which was needed to perform the duties of the IBO position. ''''''''''''' '''''''''''''''''''''''''' began training Baca but when it came to his attention that she did not have access to the banking systems, he felt it was a waste of time.

According to Baca, coverage of the phones is very important to Padilla, and the phones must be answered by the second ring. Baca would be screamed at and would suffer if the phone was not answered. Baca was not allowed to leave her chair unless she had coverage and phone calls were not allowed to go to voice-mail. Baca indicated that it was difficult to obtain backup coverage for the phones because the employee who was designated to cover for her was either sick or gone a good amount of time. As a consequence, Baca claimed she contracted two kidney infections because she was not able to take regular restroom breaks. Baca was forced to stop drinking water and started suffering from ''''''''''''''''''''' ''''''''''''''''''''''''

On September 8, 2011 (the day Baca filed the complaint with BC HRD) Baca met with Padilla to discuss the issuance of the Sick Leave Corrective Action Notice. Baca believes that she was written up because she did not attend Padilla’s 2011 annual end of summer party held on August 28, 2011. '''''''''''' ''''''''''''''''''', BC TD employee, who works directly for Padilla, cautioned Baca that if she failed to attend the party, Padilla would become upset and would not talk to her for two weeks. Baca was not able to attend the party and the Monday following the party, Padilla stopped speaking to her.

On August 29, 2011, Padilla introduced Baca to a new employee, ''''''''''''''' '''''''''''''''''''. Padilla introduced '''''''''''''''''' to Baca by stating, “She’s the best Administrative Assistant I’ve ever had, but she’s not smart enough to go to my parties”. Baca was very humiliated by this remark.

On August 31, 2011, Baca asked permission to leave work early because of a problem with her vehicle. Padilla responded, “You have to give something to get something” and “You didn’t go to my party”. Baca explained to Padilla her reason for not being able to attend. Baca then told Padilla that if he did not allow her to leave work early, she would not have transportation to get to work the next day. Padilla told her to take the bus to work. Baca informed Padilla it was an emergency situation and she had to leave. Baca turned in a sheet for sick leave, which does not require pre-approval, and left at 4 pm that day.


Baca explained that she has to take anxiety pills, sleep aids, anti-depressants to deal with Padilla. Baca is a salaried employee and is entitled to take breaks but she cannot. If Baca takes a break, Padilla makes statements such as, “where’s stúpida”? Baca contends that if she takes leave, she is punished and penalized by Padilla. Baca stated that she has made Padilla aware that she has ''' '''''''''''''''' '''''''''''' ''''''''''''''. Baca sustained the injury when she was in a car accident while out picking up political signs for Padilla. In February 2011, Baca had to go on FMLA because of the injury. Baca has medical documentation which she furnished to BC to prove she has ''' ''''''''''''''''' '''''''''''' '''''''' '''''''''' '''''''''''''. This documentation is on file with her FMLA paperwork. Eventually, Baca had to quit going to '''''''''''''''''' '''''''''''''''''' '''''' '''''''' '''''''''' '''''''' ''''''''''' ''''''''''''''''''' because of fear she would lose her job if she took leave. Baca suffers from pain in order to keep her job in the BC TD. Baca suffers from '''''''''''''''''' ''''''''''''''''''''''' because of the stress from Padilla. Baca claims that Padilla constantly yells at her, threatens her, and embarrasses her.

During his term of office, Padilla has had six (6) previous AO’s. Baca heard that they were all mistreated by Padilla. Baca contends that Padilla has a pattern of mistreating AO’s who worked for him. Baca was told that '''''''''''''''''' '''''''''''''''''' worked for Padilla and had problems with him to the extent that her boyfriend had to get involved. Baca was told that '''''''''''''''''''' '''''''''''''''' worked for Padilla and she walked out because of her problems with Padilla. '''''''''''''''''' ''''''''''' '''''''''''''' assisted '''''''''' ''''''''''''''''' and she was subsequently transferred out of the BC TD.

In 2010 Baca ''''''''''''''' ''''''''''''''''''''''' '''' '''''''' '''''''''' ''''''''' '''''''' ''''''''''''''' '''''''''''''''' her to be off from work for two (2) weeks. Baca notified BC that she would be off from work for two weeks and secured the FMLA paperwork from BC HRD. When Baca took the FMLA paperwork to Padilla for his signature, he refused to sign and stated he wasn’t dealing with this shit. Baca called '''''''''''''''' ''''''''''''''''' in BC HRD and he told her to get the FMLA paperwork signed by her doctor and he would handle the rest. When Baca returned to work, her AO position had been advertised, Baca was moved out of administration, and all access was taken away. Baca was called in by '''''''''''''''''' '''''''''''''''''''' and ''''''''''' '''''''''''''''' and informed, “From now you will deal with us, Patrick does not want to deal with you anymore”. Baca was advised that if she called in for FMLA leave to notify either ''''''''''''''' ''''''''''''''''''' or ''''''''''' '''''''''''''''.

Baca contends that she was transferred without notice to the Accounting department because Padilla needed to have someone who would be there; and didn’t want to deal with her while she was on intermittent FMLA. ''''''''''''''''''' '''''''''''''' was hired to fill in for Baca while she was on FMLA. Baca worked on investments during the period of time she was on FMLA.

When Baca was on FMLA, she had problems with '''''''''''''' ''''''''''''''''''. '''''''''''''''' argued with Baca and degraded her when she took time off. Baca feels the treatment from ''''''''''''''' was in retaliation for her medical condition ''''''''''''' ''''''''''''''' and for being on FMLA. Baca submitted a request for extension of FMLA but the request was denied by Thaddeus Lucero, former BC County Manager.

Baca is aware that '''''''''''''''''''' '''''''''''''' and Padilla did not have a positive working relationship during the time she worked for Padilla. '''''''''''''''''''' husband threatened to come and punch out Padilla after he stated to '''''''''' ''''''''''''''', “You’re so dumb you can’t take a fucking message”. '''''''''''''''''' husband actually turned up at the BC TD office but ''''''''''''''''' intervened and stopped him in the hall way. Soon after, ''''''''''''''''' ''''''''''' ''''''''''''''' helped '''''''' ''''''''''''''' to transfer to another position within BC.


In January 2011, when Baca returned from FMLA, she was assigned to work at the front desk in administration. Padilla retaliated against her for being on FMLA by not allowing Baca to immediately return to the AO III position. This was embarrassing to Baca because it felt like a demotion. Baca informed ''''''''''''''''''''' that she had to be able to move around and take regular breaks. After two weeks, Padilla moved Baca back to the AO III position. Soon after, Baca was assigned to work on payroll because '''''''''''' '''''''''''''''' was not correctly completing the task. Baca then observed that certain employees do not have to turn in leave slips if they leave work because it was not required of them by Padilla. Baca met with ''''''''''''''''' ''''''''''''''', BC HRD to discuss various concerns and at that time '''''''' ''''''''''''''' informed her that that BC does not have “comp” (compensatory) time.

In May 2011 (Memorial Day weekend), Baca was out of town on a motorcycle outing with friends and had the misfortune to witness one of her friends hit and killed by a hit and run driver. Baca was very upset and saddened when she returned to work. Padilla was not sympathetic and told her, “Just deal with it, it wasn’t your time”. The following day, Baca had a ''''''''''''''''' '''''''''''''''''''''''''''' '''' '''''''' ''''''''''''''''''''''' ''''' ''''''''' '''''''''' ''''''' ''''''''''''''' '''''''' '''''''''' '''''''''''''''''''''''''''' ''''''''' ''''''''''''' '''''''''' ''''''' ''' '''''''''' '''' ''''''' '''''''''''' ''''''''' '''''''''''''''''' '''''''' ''''' ''''''''' ''''''''' ''''''' ''''''''' ''''''''''''''' '''''''''''''''''' ''''''' ''''''''' ''''''''' ''''''''''''''''''''' ''''''''''''''''''''''' Baca called and informed work that she was going to be off from work and she had a doctor’s note.

When Baca returned to work following the leave Padilla informed her she was not going to attend the NMAC Conference. Padilla did not state a reason for the cancellation but she believes that it was because she had been on leave. Once again, Baca felt humiliated, discriminated against, and retaliated against by Padilla for taking leave time. ''''''''' ''''''''''''''''''''''''' approached Baca and offered his opinion that the action by Padilla to cancel her attendance at the training was unfair. It came to Baca’s attention that while she was out on leave, Padilla wrote an e-mail to staff telling them to blame Baca for the fact they did not get donuts that pay day. Baca explained that she was normally responsible for purchasing the donuts for staff on pay day.

On September 6, 2011, Padilla issued Baca a Sick Leave Corrective Action Notice for excessive use of sick leave. When Padilla and Baca met about it, Padilla tossed the document at her and told her to just sign it. Baca refused to sign the document and tried to explain why she felt it was unfair. Baca defended herself and explained that in her viewpoint the Corrective Action Notice was unfair because she knew that another employee, '''''''''''''''' '''''''''''''''''', had used more leave than she, and was not written up. Baca had this knowledge because her job duties included payroll and so she had direct access to employee attendance records.

Later that same day Baca was notified that she was moving out of Administration and was being transferred to the Accounting department to perform her Investment Banking Officer position. Baca complied with the move but did not sign the document. Padilla immediately directed the locks on the doors to be changed and demanded that Baca turn in all the keys and the money for the supply fund. That same day, Carla from the IT department, appeared and took away Baca’s complete access to the computer. Baca was forced to immediately move all her belongings to the new office in accounting. The way the move was handled was very humiliating to Baca.

After Baca was issued the Sick Leave Corrective Action Notice, she contacted ''''''''''''''''''' '''''''''''''''''''' in the BC HRD to explore her options and to look into the possibility of filing a discrimination complaint against Padilla. During the meeting with '''''''''''''''''''''', Baca requested to meet with '''''''''''''''''' '''''''''''''''', BC HR


''''''''''''''''''', but was advised that she was unavailable to meet with her. Baca is aware that on that same day '''''''''''''''' ''''''''''''''''' met with Patrick Padilla. A few days later, Baca met with '''''''''' ''''''''''''''''''' '''''''''''''', BC HRD, and was advised that she was trying to locate a position for Baca in another BC department. Baca was quick to inform '''''''''''''' that she would not accept a downgrade because she did nothing wrong and should not be penalized. The meeting ended with a promise by ''''''''' '''''''''''''''' to search for a position in another department to transfer her to.

Baca returned to her office in the Accounting department to find that she did not have e-mail or access to the banking systems. She reported this to her supervisor, '''''''''''''' ''''''''''''''''''. Baca performed different types of duties as assigned but it was impossible to perform the IBO job duties as she did not have access to the banking system.

During the interview held on November 1, 2011, Baca notified Ms. Montoya that she wished to amend her initial complaint submitted to BC HRD on October 6, 2011, to include the allegation that Padilla has also discriminated against her on the basis of her national origin, Hispanic, and age.

Baca contends that Padilla has made comments to her that her skin color is “dark” compared to his; and is critical of the fact that she is not fluent in Spanish. Padilla also claimed that Baca’s last name (Thais) is not Spanish.

Baca contends that Padilla discriminated against her on the basis of age because she was written up and placed on corrective action notice for excessive sick leave whereas, ''''' ''''''''''''''''''' (who is younger than Baca and pretty, and curvaceous), has not been placed on corrective action notice despite the fact that ''''' '''''''''''''''''''''' use of leave is more excessive than Baca’s use of leave during the same time frame.

Ms. Baca was advised of her right to submit a supplemental written statement regarding the new allegations of age and national origin discrimination.

Note: During the investigation, Baca contacted the Investigator and complained of many instances of alleged retaliation. Baca was advised that the focus of this Investigation is only on the allegations raised in the October 6, 2011, complaint, and what she alleged during the interview held on November 1, 2011.


II. RESPONDENT DEFENSE(S) - (PATRICK PADILLA)

Padilla denied that he discriminated against, retaliated against, or harassed Jo Ann Baca in any term or condition of her employment. The following is a summary of his responses to the allegations: Exhibit T

On November 1, 2011, Padilla was interviewed by Rita Montoya, Investigator, with Strategic Solutions.

During the interview, Padilla confirmed receipt of the complaint filed by Jo Ann Baca on October 6, 2011. At the outset of the interview, Padilla was put on notice by Ms. Montoya that on November 1, 2011 Baca supplemented her complaint to include allegations of national origin discrimination, and age discrimination.

Padilla was elected to a second term of office in December 2008. Padilla’s term of office ends December 31, 2012. His office is located in the basement, One Civic Plaza, Albuquerque, NM. Padilla reports to his office at the BC TD on a daily basis.

Padilla met Baca through '''''''''''''''''''' ''''''''''''''''''''''''' ''''''''''''''''''''' ''''''''''''''' '''''''''''''''''''''. Baca applied for employment and was interviewed sometime in 2008. Baca was hired as a full-time temporary employee.

Padilla is familiar with the BC policies & procedures including the BC EEO Policy. Padilla admitted the BC EEO policy is not his forte and explained that is why he employs two deputies in the BC TD. Padilla has glanced at the BC policies and he knows they exist. Padilla stated he has a good understanding of what constitutes harassment, discrimination, and retaliation.

Padilla did not know that Baca has a medical condition. Approximately two years ago, Padilla “heard” that Baca had an accident while doing BC business. Baca never personally told Padilla about it. Padilla heard rumblings that Baca fell in the parking garage and was going to sue the County until she found out that she fell in the City parking garage. Padilla is aware that Baca was on FMLA after she fell in the parking garage. Padilla was shocked when he read Baca’s letter of complaint. Padilla did not have prior knowledge that Baca '''''''' ''' ''''''''''' ''''''''''''''''''' as she never explained what she was doing when she called in sick. Baca gave him medical slips that she was '''''''''''' ''''' ''''''' '''''''''''''''' and he never questioned her about it. Padilla heard rumblings about it because “These walls talk, but stated that hearsay is exactly that”.

Padilla denied that he has ever told any BC employee to pick up signs or put up signs. Padilla discussed that he has a political action campaign committee to deal with signage. Padilla has made it clear that if anyone sees any of his signs to contact him and he will see that the sign is picked up. Padilla added that anyone who alleged that he requires BC employees to pick up his signs is telling a lie.

Padilla asserted that Baca never personally told him that she '''''''''''''''''''''' ''' '''''''''''' '''''''''''''' suffered in an accident and she never came to Padilla and told him she got hurt picking up one of his signs. Baca indicated he did not know this until he read Baca’s complaint.

Padilla is aware that Baca complained about '''''''''''''''' '''''''''''''''''' ''''''''''''''''''''' but she never stated that the '''''''''''''''''''''' were severe. Padilla doesn’t recall that Baca ever mentioned that she has a medical condition. Padilla indicated that he acquired more detail about Baca’s '''''''''''''''' ''''''''''''''''''''', than he was ever personally made aware, from reading her complaint.


Padilla is amazed by Baca’s complaint in that anyone who reads the entire complaint will comprehend that Baca received promotions throughout her employment with BC TD. Baca was hired as a temporary employee and was then promoted to Administrative Officer. After that, Baca was determined that she wanted to work in the BC TD Administrative office as Padilla’s Administrative Officer. Padilla reflected that Baca is a very good AO when she focuses on her BC job duties but stated that she does other things while on BC time.

Padilla described himself as very demanding when it comes to his duties and responsibilities as BC County Treasurer. Padilla serves as a board member of the NM Association of Counties, National Board of Counties, and serves on the National Board of Director of Counties representing New Mexico.

Padilla explained that Baca has been employed as AO III for awhile and works for and reports directly to Padilla. Padilla indicates that Baca’s duties encompass supervision of the Administrative Assistants. If the AA’s wish to take leave, they are required to submit a request for leave to Baca. Baca is then required to check with '''''''''''''''''' '''''''''''''''''' and ''''''''''''''''' '''''''''''''' about time off to insure appropriate coverage in the BC TD at all times. Padilla does not understand why, if there was a problem with employee abuse of leave, Baca did not go directly to him and question why some of the employees were permitted to take so much time off. Padilla has personal knowledge of Baca’s leave situation because she reports directly to him, but Padilla does not typically review the leave records of employees he does not directly supervise. Padilla explained that there is a chain of command within the BC TD that should address the leave usage of other employees.

Padilla explained that Baca was placed on a sick leave corrective action plan because Baca had been told time and time again that she can’t just take off every Friday, Monday and call in sick. Baca was upset because on August 31, 2011 she wanted to leave work early to go buy a car. Padilla asserted that what Baca really wanted was for Padilla to allow her to leave work two hours early and not have to submit a leave slip for the time off. Padilla refused to allow Baca to leave unless she submitted a leave slip.

Padilla explained that he will give an employee time off if they do extra work for him, or if an employee works an hour extra hour past the normal work day, he will give them an hour off at another time. Padilla stated it is kind of like “comp” (compensatory) time but he does not want to call it that because “we’re (BC) not supposed to have comp time.” Padilla gives his employees what they give him. In most instances Padilla gives more to the employee than what the employee gives him.

Padilla remembers very well that on August 31, 2011 Baca explained to Padilla that she has a license to buy cars at the car auction, and she wanted to leave early to go to the auction to purchase a vehicle. (Padilla commented that Baca seems to have more licenses than he does). Padilla informed Baca that he was not going to give her two hours off, and that if she wanted to take off from work, she was going to have to submit a leave request for an hour. Baca then told Padilla that if he did not give her time off, she was going to call in sick the following day. Padilla explained that Baca took the hour of leave on August 31, 2011, and called in sick the following day, September 1, 2011. The following day (Friday), September 2, 2011, was an already approved scheduled day off for Baca. The following Monday, September 5, 2011, was the Labor Day holiday. Padilla stated that Baca called in sick on the day after the holiday, (Tuesday) September 6, 2011, so she could make sure she got paid for the holiday.


Padilla’s review of Baca’s leave record and the record revealed that Baca takes off the Friday or Monday before a holiday to extend the weekend. Padilla emphasized that completion of the meeting minutes is a priority task for Baca. On or about that time, there were important minutes of the Board of Finance meeting, and the minutes for a Board of Directors meeting from a couple of months prior to this, that Baca had not completed. This was the first time that Baca had not completed the minutes; and this was heavily on his mind. Baca is fully aware that Padilla will become upset if she takes time off from work when she has not completed the meeting minutes. Padilla does not say anything to Baca if she takes time off from work when there is nothing pressing to get done. Padilla stated that when Baca is not at work to complete the minutes, Padilla has to get someone else to do them.

Padilla indicated that ''''''''''''''' ''''''''''''''''' applied for the IBO position at the same time that Baca applied for the same position. Padilla interviewed both employees and selected Baca for the job because he believed she was the best qualified applicant. Padilla finds it interesting that Baca alleged that she did not get transferred to the IBO position until September 2011. When Padilla interviewed Baca, the first thing she stated in the interview was how much she loved working for Padilla as his AO III. Baca committed during the interview that if selected, she was willing to continue to perform the job duties of the Administrative Officer III position AND the Investment Banking Officer position. Padilla explains that Baca sold herself during the interview on that point. Padilla explained that '''''''''''''''''' '''''''''''''''' interviewed well but did not have the extensive background that Baca had.

After Baca was moved to the Accounting department, she was informed that she will be supervised by '''''''''''''' '''''''''''''''. Padilla emphasized that Baca is where she is position-wise with BC government because she has proven she can do a good job. Padilla offered his opinion that Baca does not like to be disciplined or to be told she has to comply with BC rules and regulations. Padilla has reason to believe that Baca is not devoting 100% of her work time to BC business.

Padilla expressed that he does not understand the complaint filed by Baca. There is no factual basis to it and the fact is that Baca hates to be told what to do. Baca made note of the fact that Baca contacted BC HRD almost immediately after he issued the notice of corrective action to her.

Padilla’s only response to Baca’s allegation regarding '''''''''''''''''' '''''''''''''''''''''' attendance is that '''''''''''''''' works for '''''''''''''''''' '''''''''''''''''' and ''''''''''''''''''' and they should be interviewed by the Investigator about ''''' ''''''''''''''''''''''' attendance. Padilla clarified that it was Baca’s responsibility to supervise the other AO’s to correct the calendars and to make sure that '''''''''''''''''' '''''''''''''''''''' and '''''''''''''' were aware of time off requested by the AO’s. Padilla reported that Baca was the employee responsible for the approval of leave time requested by the AO’s. Padilla is adamant that Baca did not once go to him to alert him that '''''' ''''''''''''''''''' (or any other employee) was off from work excessively. '''''''''''''''''' sits on the other side of the office and because of the distance, Padilla cannot see if ''''''''''''''''' is or is not at work.

Padilla has no idea what Baca means when she alleged “environmental harassment” in her complaint and he cannot respond to this allegation. Padilla is aware that Baca thought that he was being mean to her when he moved her to a different position during the time that Baca was on FMLA. Padilla explained that he has too much going on with his position and he has to have a reliable full-time AO III to be there to get the work done.


Padilla stated that in early 2011 Baca returned to work full time following her FMLA time off from work. When Baca returned, she requested to go back to work for Padilla as his AO III. Baca repeatedly told Padilla how much she wanted to return to work for him. Padilla was reluctant and told her he would think about it and assigned Baca to work up front in the administrative area. Baca continued to tell Padilla how much she wanted to work for him, how much she loved the work, and how she loved the adrenalin of working for him. Padilla eventually agreed and authorized Baca’s return to the AO position III position, and to work directly for him.

Padilla stated that after the Investment Banking Officer position was announced, Baca emphasized how much she liked working for Padilla, how she could do both jobs, and that they would make a great team. It blows Padilla’s mind that if the environment was so bad, why did Baca want to work for him? Padilla feels it is important to make a point of this fact.

Padilla found out that after Baca filed the complaint with BC HRD, she was offered two jobs with BC and turned them down because she wanted to stay working for the BC TD office. Padilla questioned why Baca continues to want to work in the BC TD if the working conditions in the BC TD are so terrible. Padilla analysis of the situation is that this (Baca’s complaint) is all ludicrous.

Padilla describes his management style as easy going. When Padilla is at work, he expects 100% of his AO III’s attention. When Padilla is not in the office, he is not going to nitpick about what the AO III is doing or not doing. Padilla describes his management style as usually very relaxed and informal. He likes to walk through the department and talk to all his employees. He has nicknames for many of his employees. ''''''''''''''''''''''''' ''''' '''''''''''''''''''' '''''''''''''''' '''''''''''''' ''''''''' NM Governor Susana Martinez so he calls her “Little Gov”. He calls ''''''''''' ''''''''''''''''' ''''''''''''''''''' Padilla jokes around with '''''''''''''''''' '''''''''''''''' about her hair and asks her, “What’s that style? Gone with the wind?” Padilla jokes around with everyone and does not single out anyone. Padilla reflects that if it is wrong,” he will say to shoot him”. No one has ever told Padilla that his style of management is wrong. If someone tells Padilla it is wrong, he guesses that he will change. Padilla calls '''''''' '''''''''''''''''''''''' “Mr. K”. According to Padilla, no employee has complained or taken offense to the nickname he gave them.

Padilla reported that he remarks to '''''''''''''''' ''''''''''''', employee in the BC TD, about being Native American or Indian. If Padilla hears that something he said offended someone, he apologizes-“The BC walls talk”. Padilla heard that he said something offensive about ''''''''''''''' ''''''''''''''''''''''''' hair. Padilla went to '''''''''''''''''''' about the rumor and she denied that she complained about anything. Padilla emphasized again that if he has done or said something that someone perceives as wrong, he apologizes and tells them it will not happen again. Padilla thinks it is funny that Baca accused him of calling her stúpida. Padilla flat denies that allegation; and states it is not something he would say.

Padilla stated it is possible that he told Baca, “You have to give something to get something”. Padilla explained that he could have said something of that nature because Baca is always asking for time off or to leave early. Baca leaves work early for one reason or another and does not return to work. Padilla does not remember making that particular statement but speculated that he could have told someone: You have to give to your job and you will get more back from your job. Padilla feels there is nothing inappropriate about the statement and explained that if an employee works extra hours, the employee will be granted time off.


Padilla is aware that ''''''''' ''''''' ''''''''''' is Jo Ann Baca’s estranged husband. '''''''' '''''''''' showed up with Jo Ann Baca at Padilla’s first end of summer party. Padilla explained that ''''' ''''''''''' was Sandoval County Commissioner at the time. At the party, '''' ''''''''''' talked to “Tucker” (Patrick Padilla’s wife) to see if Padilla would consider giving Jo Ann Baca a full-time job. When the subject of Padilla’s 2011 end of summer party came up in conversation, Padilla suggested that Baca take '''''''''''''''''' '''''''''' to the party. Padilla stated he was not aware when he made the comment that they were divorced. Padilla does not pry into Baca’s personal life or who she associates with. Baca discussed the party with Padilla and assured him that she would be there and would take a 30-pack of beer. Padilla stated that Baca did not attend the party.

Padilla doubts that he gave Baca the silent treatment for two weeks because she did not attend his party. Padilla does not have two weeks to give anyone the silent treatment. Padilla stated that there were other BC TD employees who did not attend his end of summer party, such as '''''''''''' ''''''''''''''' ''''''''' '''', etc.

Padilla confirmed that he probably made a comment about Baca’s failure to attend his party; however, he probably made similar remarks to a lot of people who did not attend the party. Padilla is not aware that he ever embarrassed Baca; and does not remember that anyone ever told him that he embarrassed Baca. This allegation is shocking to Padilla as he never realized how much Baca hated him.

Padilla does not know why Baca characterizes him as a Mafioso hit-man. '''''''''''''' is a friend of '''''''''' and '''''''''''' '''''''''''''''''''' and they introduced Baca to him at a tail gate party. Padilla wonders how he is going to take care of ''''''' he does not have a shotgun. Padilla cannot imagine why Baca would say that in her complaint or what she meant by that. Padilla does not have any clue who Baca dates or who her friends are. The only time he has seen Baca outside of the office she was with ''''''', her daughters, or her ex-husband, ''''''' '''''''''''. Padilla has only seen Baca at political functions, lobo football games, or tail gates, but he is not the one who invites her to these activities.

Padilla believes the whole issue behind the complaint filed by Baca was that Padilla did not approve her request for time off. It is Padilla’s belief that Baca wanted him to give her the time off and she would not be required to submit a leave slip. Padilla admitted that there were several times when he had previously allowed Baca to leave work early and she was not required to complete a leave request. On those occasions, Padilla would tell Baca to say to anyone who asked that she was running an errand for him. Padilla did not approve Baca’s request to leave work early on that particular day because Baca had just called in the Monday or Friday before that; and because she was scheduled to be off from work that coming Friday, and now she wanted two hours off on Wednesday. Baca made it clear to Padilla that if he did not approve the leave, she’d call in sick, and she did. This resulted in Baca being off a total of six days including the weekend. Baca did not consider that the reason (to buy a car at auction) given by Baca for leaving early that day was an emergency.

Padilla stated that if an employee is to be placed on a permanent action plan it is necessary to obtain approval from BC Legal or BC HRD. According to Padilla, the fact that Baca was placed on a (90) day corrective action plan is in his opinion a minor thing because at the conclusion of the (90) days, if the employee’s attendance has improved, the document will be destroyed. Padilla expressed the situation with Baca is that she does not like to be told what to do and how to do it.


Padilla stated the folder that contained the sick leave corrective action notice was never placed in Baca’s office. Padilla is certain that the Notice was on his desk, and stated that Baca would have had to have gone into his office to get the document. ''''''''''''''''' ''''''''''''''''''' prepared the Corrective Action Notice to present to Baca at Padilla’s request. Padilla asked '''''''''''''''''' and ''''''''''''''' to sit in during the meeting with Baca to witness the meeting. Padilla denied that he threw the notice at Baca because he does not throw papers. Padilla asked Baca to sign the Corrective Action Notice and she refused. Padilla had ''''''''''''''' ''''''''''''''''' and '''''''''''''''''' ''''''''''''''''''' to document on the Notice that Baca refused to sign the document. Padilla was informed that '''''''''''''''' and ''''''''''''''''''''' left the Notice in his office but he has not been able to find it. Padilla stated the Notice issued to Baca was only for (90) days and is not formal discipline.

Padilla denied that he told Baca or any BC TD employee to report to work if they are sick. In fact, Padilla stated he tells employees who are sick at work to go home. Padilla denies Baca’s allegation that he mocked her ''''''''''''''''''''' '''''''''''''''''''''.

Padilla’s famous saying to his Managers when dealing with employees is: “Write them up if they have an attendance issue”. It is Baca’s responsibility to look at the Department calendar to make sure there is adequate coverage in the front office. Padilla stated that if it is necessary to write up an employee due to attendance, it is the responsibility of either ''''''''''''''''' '''''''''''''''''''' or '''''''''''''''' '''''''''''''' to handle the disciplining of their employee; and it is not Padilla’s responsibility to know about the leave of employees supervised by them.

Padilla is aware that '''''''''''' ''''''''''''''' '''''''''''''' '''''''' ''''''' but Padilla did not have a special arrangement with her, or any employee, to cover time away from work. Padilla does not care if employees use FMLA. For example: '''''''''''''''''' ''''''''''''''' ''''''''''''''' '''''''''''''' Jo Ann, and several other employees have been on FMLA. If there is a problem, Padilla tries to work with them. Padilla was never made aware by Baca that her '''''''' ''''' ''''''''''''''''''''' '''''' Baca brought this matter in her complaint but if she does not tell him about it, Padilla cannot help her. Padilla denied that he singled out Baca or any employee and contends that he bends over backwards to help employees.

Padilla met with ''''' '''''''''''''' to let her know that Baca had missed all those weekends, that he was going to place her on corrective action, and to get advice and feedback about how to handle it. Padilla always calls ''''' '''''''''''''' to make sure he follows the BC rules and regulations before he disciplines an employee.

Padilla sent out an email to staff because he wanted to clarify that it was not his fault that there were no donuts for the employees. It was Baca’s responsibility to buy the donuts and bring them in for the staff. On that day Baca did not let anyone know she was not going to be at work. Padilla asserted that Baca could have contacted one of the other AO’s about getting the donuts due to her absence. Padilla stated that if he made a mistake by issuing the e-mail, he will live with it. Padilla stated it was not his intent to embarrass Baca by sending the e-mail.

Padilla is aware that Baca requested a higher step (step 5) when she was hired as IBO but BC HRD did not approve the request. Baca knew that she was going to be working both positions from her desk in administration and indicated that it is ridiculous she alleged that he didn’t move her to Accounting department until September 8, 2011. Baca volunteered during the interview to perform both jobs. The key selling point during Baca’s interview for the IBO was that she was already doing all the other duties.


In September 2011, Padilla told Baca that she was being reassigned to Accounting to perform only the duties of IBO because it was apparent she could not handle both the AO III position and the IBO position. Padilla could not permit or allow Baca to fall behind on important duties such as NACO and the Association of Counties.

Padilla denied that Baca does not have the access she needs to perform the IBO job. Padilla contends that Baca has access to everything she needs to do her job except access to the Wells Fargo bank statements. At this stage of the game, Padilla is not going to give her access to the banks and to what they are doing because he is concerned about BC funds. Recently, the Auditors requested to see all the minutes of the Investment meetings. Padilla and ''''''''''''''' went into Baca’s former office after she had moved out to locate the minutes of the meetings for the Auditors. They discovered some of the important monthly minutes in boxes labeled to be shredded.

Padilla explained that it is Baca’s responsibility to place documents in boxes which are ready to be shredded by temporary employees. Padilla and '''''''''''''''' found the September 2011 minutes in one of the boxes to be shredded. Padilla is going to inspect the remaining boxes to see if there any other important documents labeled to be shredded. Padilla is concerned that some of the documents they may need for the audit have already been shredded, or are in boxes labeled to be shredded. Padilla is concerned that his oath of office is protected. Baca has not been informed about the reason for not giving her access. If Padilla determines that Baca accidentally put the minutes in the box to be shredded, he is not going to have a problem with it. However, if Padilla finds out that Baca is responsible for putting the minutes in the box, Baca will be informed that she is not going to have access to the bank. Until Padilla reaches that point, he can’t say if Baca will be considered for access to the bank.

Padilla commented that Baca will not be given access to the banks until he feels comfortable that there is not going to be any sabotage by Baca. Padilla emphasized that this is especially important now that Padilla knows what Baca has alleged in her complaint against him. Padilla stated his oath of office is to protect BC funds. At this point, Padilla is not sure what other items are missing and explained that ''''''''''''''''''' ''''''''''''''' is currently working on that project. Padilla has informed ''''''''''''''' ''''''''''''''''' and '''''''''''''''''' '''''''''''''' that he (Padilla) will determine if and when Baca will be granted access to the banks.

Padilla denied that Baca is not allowed to take restroom breaks. Padilla stated that Baca goes on breaks and does what she wants with or without his knowledge. Padilla is not always at the BC TD and questioned how he would he know what Baca does when he is not there. Padilla does not recall that he ever told '''''''''' '''''''''''''''''' to get Baca from the rest room. Baca’s allegation that he did not allow her to go to the restroom is ludicrous. Baca gets up and goes to the bathroom whenever she needs to. If there was no coverage when she had to go to the restroom, it was Baca’s own fault. Padilla states there is always coverage and that Baca asks for coverage regularly.

Padilla denied that he would tell an employee that he/she looks like shit. He might say something like, “It looks like you had a rough weekend or a rough night”. Padilla would like to know if he is doing something wrong. Padilla expressed that if he is doing something wrong to let him know and he will change the way he has managed the BC TD for years. Padilla stated that if changes now and becomes what Baca thinks he should be, it will not be him or his management style.


Padilla is bothered by Baca’s statement that he made an unkind comment to her regarding Baca’s friend who died in a motorcycle accident. Padilla explained that he owns a Harley motorcycle and has friends who have been killed in bike accidents. Padilla denied that he would ever make the comment that Baca attributed to him. Padilla stated that this allegation bothers him more than anything else.

Padilla cannot understand why if Baca hated working for him so much, and if he did not let her go to the bathroom, that she tried so hard to get the AO III position back when she returned from FMLA. This blows Padilla’s.

Padilla confirmed that he cancelled Baca’s registration for a conference because at that time ''''''''''''''' ''''''''''''''' was in the hospital. Padilla offered that the training conference was not that relevant for an IBO. Padilla disclosed that Baca had previously attended several conferences but that time she was not able to go. There have been occasions when Padilla has found it necessary for various reasons to cancel conferences that his deputies have been registered to attend. Padilla stated that Baca did not have to pay for the room and he believes that Baca is trying to make Padilla look bad. Padilla stated, “Baca did not go to the conference because she was not able to go”.

Padilla is aware that after Baca filed her complaint, '''''' ''''''''''''''', BC HRD, offered Baca the opportunity to transfer to two different jobs in different BC departments but she declined and continues to work in the BC TD. Baca never told Padilla that she is intimidated by Padilla. Baca is currently working on the other side of the BC TD. Padilla stated against that he does not comprehend why if he is such a bad person that Baca returned to administration to work for him. Padilla’s opinion is that it does not make any sense.

Padilla has not been informed of any other formal or informal harassment charges filed against him by anyone. After being advised that BC HRD indicated to this Investigator that ''''''''' '''''''''''''''''''''' '''''''''''''' filed a complaint against him, Padilla recalled that '''''''''''''''''''' ''''''''''''''''' did in fact file a complaint against him but he was never told the specifics of the complaint. Padilla stated that '''''''''''''' filed the complaint against him after she retired.

Padilla’s response to information furnished by BC HRD that another employee, ''''''''''''''''' '''''''''''''''''''''''''', filed a complaint against him was that he has a vague recollection that '''''''''''''''' '''''''''''''''''''''''''''''' '''''''''''''''''''' was in a motorcycle accident but he can’t recall that she filed a complaint against him. Padilla recalled that sometime in the past '''''''''''''''''' ''''''''''''''' discussed complaints brought by BC TD employees to BC HRD. Padilla told '''''''''' ''''''''''''' that he would personally apologize to the person(s) that he offended. Padilla admitted to kidding with employees when they wear costumes on Halloween. Padilla vowed to hold future meetings with staff and announce that if he says anything hurtful to them, to bring it to his immediate attention and he will stop.

(On November 30, 2011, Padilla submitted a written narrative responding to Baca’s allegation of national origin and age discrimination). Exhibit E

Note: There are some instances of repetition in this summary of Padilla’s statement due to the fact that after Padilla initially responded in a general fashion to the allegations, he then elected to respond again, line by line, to each of the allegations stated in Ms. Baca’s written complaint.


III. WITNESS INTERVIEWS (EXHIBIT T-AUDIO DVD)

The witnesses were all required to read and sign the BC HRD Ethics and Professional Standards Unit Form. Exhibit R

'''''''''' '''''''''''''

''''''''''''''''' is the ''''''''''''''''''' '''''''''''''''''''''''' '''''''''''''''''''' and has worked for Bernalillo County for five years. '''''''''''''''' has directly supervised Baca since mid-September 2011. '''''''''''''''' worked with Baca during part of her (Baca’s) intermittent FMLA leave from August 2010 to January 2011. During that intermittent period, Baca’s desk was temporarily relocated to Accounting because Padilla needed a full-time employee. There was no title change and no change in job duties; the only change was Baca had to call in to '''''''''''''''''' to report any missed days during her FMLA. Within a week or two of the end of Baca’s FMLA leave, she was relocated back to her old location. ''''''''''''''''' feels at that time Baca took on work that was not in her duties.

Recently after Baca moving under '''''''''''''''''''' supervisor, ''''''''''''''''' states two documents (Wells Fargo Daily Advices and confirmations) which have always been Baca’s responsibility were requested during an internal audit and were sloppy, incomplete, and/or missing.

''''''''''''''' explains Baca has total access to everything except the Wells Fargo system because it contains sensitive information and she has not yet completed her training for the system (as referenced in emails between '''''''''''''''''' and Baca). Baca has printed the training manuals for the system and after emails back and forth with ''''''''''''''''', replied she (Baca) would work with ''''''''''''' '''''''''''''''''''''''' '''''''''''''''''''' ''''''''''''''''''''''' to schedule a training session for the system. '''''''''''''''' states that since these emails, Baca has yet to schedule a training session. ''''''''''''''''''' and '''''''''''' talked about giving Baca the access but decided against it because Baca has not taken the initiative to get properly trained on the system.

'''''''''''''''''' states she first heard about Baca’s lack of voicemail access the day before the interview, and she forwarded the email to IT to correct the problem.

''''''''''''''''' has observed that Baca abuses sick leave; however, '''''''''''''''' has not had any attendance problems with Baca since ''''''''''''''' began supervising her. '''''''''''''''' believes Baca declined to sign the corrective action form regarding sick leave because Baca was hurt she was caught abusing sick leave.

'''''''''''''''''' states Baca has not discussed any serious medical condition or disability with her. ''''''''''''''''' explains Baca was accommodated during her (Baca’s) intermittent FMLA with a headset due to problems holding the phone.

Regarding Baca’s allegation of employees being permitted to leave without submitting a leave slip, '''''''''''''''' has witnessed Baca leave in this manner when Padilla was out of the office although ''''''''''''''''' does not know if this was because of a prior arrangement or an emergency. '''''''''''''''''' does not have knowledge of Padilla or other supervisors allowing any employee to leave early without submitting a leave slip.

'''''''''''''''''' has not observed Padilla make any derogatory comments to Baca nor has she been made aware from Baca that Padilla has made those remarks to her.


'''''''''''''''''' explains Padilla has a joking attitude, but also demanding with work during high-volume times; however, she has not witnessed Padilla yell at any employee. '''''''''''''''' has not observed Padilla refer to Baca as “estúpida” or make derogatory comments about her appearance.

''''''''''''''''''' states Padilla did not change Baca’s responsibilities during her leave, and Padilla moved her location in the office because he needed an assistant who was consistently reliable next to his office.

'''''''''''''''''' has no knowledge of Padilla making comments about Baca not attending his end-of-summer party or about Padilla harassing Baca about who she dates.

'''''''''''''''''' stated that Baca’s attendance at the Treasurer’s Affiliate Conference was canceled due to ''''''''''' ''''''''''''''''' absence, and Baca was needed at the office to help fill in for him. '''''''''''''''' states it is a normal occurrence for an employee’s training session to get canceled due to work.

''''''''''''''' has not witnessed Padilla make any sexually derogatory comments or retaliate against any employee. '''''''''''''''' has not felt harassed by Padilla’s jokes or playfulness.

Confidential Witness A

Confidential Witness A has maintained an employee-to-employee relationship with Baca since she began working in the department about five years ago. He states he had issues with Baca about three years ago attempting to perform the duties of Padilla such as delegating work, and he was uncomfortable taking orders from her. After a sit down with Padilla, they agreed Confidential Witness A would take orders directly from Padilla, but maintain a professional, work-only relationship with Baca.

Since then, Confidential Witness A describes his working relationship with Baca as “cordial”.

Confidential Witness A explains Padilla can be demanding as a supervisor and Baca can also be demanding. Confidential Witness A states Padilla makes joking comments that sometimes can be seen as inappropriate. For example, Padilla told a joke regarding Confidential Witness A’s position as a compliance officer at an informal meeting. Confidential Witness A was offended at first, but then accepted it as part of Padilla’s personality.

Confidential Witness A states Padilla is a jokester but sometimes Padilla’s comments can be inappropriate.

Confidential Witness A informally spoke with '''''''''''' ''''''''''''''''''''''' in BC HR about Padilla’s comments regarding ''''''''''''''''' ''''''''''''''''''''''' problems with Padilla when she was his administrative assistant. ''''''''''''''''''''''''''' response was that there is not much that can be done since Padilla is an elected official.

Confidential Witness A has witnessed Padilla raise his voice and throw papers on the desk with employees, including Baca. In regards to sexual harassment, Confidential Witness A remembers a comment Padilla made to a female employee (possibly to Baca) where Padilla describes the focus on her low-cut dress is more on the breast than the brooch. Confidential Witness A describes another instance in the admin office when Padilla commented “it’s like finding a penis in a vagina patch”.


Confidential Witness A explains Baca and Padilla’s interactions as a mutual, joking relationship until Padilla’s demands for work increased. Confidential Witness A on more than one occasion has witnessed Padilla call Baca “estúpida” and Confidential Witness A believes Padilla should not say that.

Confidential Witness A states Baca on occasion has called in sick if her leave was not approved. Confidential Witness A disagrees about Baca’s unapproved time off during Baca’s ''''''''' '''''' ''''''''''' '''''''''''''''''''''' ''''''''' '''''''''''''''''''''''''' '''''''''''. In regard to discrimination for time off approval, Confidential Witness A has no knowledge Baca has been treated differently than '''''''''''''''''' '''''''''''''''''''' ''''''''''''''' '''''''''''''''' ''''''''' ''''''''''''''''' '''''''''''''''' (who turn in their leave slips to different supervisors).

Confidential Witness A describes Padilla as being insistent on Baca remaining at her desk; however, Confidential Witness A states this is due to the priority of directing incoming calls. Confidential Witness A does not recall witnessing Padilla deny Baca a request to use the restroom.

Confidential Witness A explains Padilla gets upset when employees do not attend his end-of-summer parties and Padilla tells employees they are on his bad list when they do not attend.

Confidential Witness A states that twice Padilla has cancelled Baca’s classes (including the Treasurer’s Affiliate Conference) and this has occurred with other employees as well. Confidential Witness A does not think the reason for Padilla’s actions is always justified. Confidential Witness A feels Padilla’s actions at times can be dictated by what type of mood he is in.

Confidential Witness A believes some employee’s get preferential treatment from time to time. Confidential Witness A does not have enough information to comment on the justification of Padilla’s corrective action against Baca.

''''''''''''' ''''''''''''''

'''''''''''''''''' is a ''''''''''''''' ''''''''''''''''''''' for the BC Treasure’s Dept. and has worked with Bernalillo County since 2005. She reports '''''''''''''''''' to Patrick Padilla.

''''''''''''''''''' describes Baca as professional and a hard worker who has moved up in the county very quickly. Baca was promoted to Investment Banking Office and is now a Grade D, step 3. Padilla tried to get Ms. Baca a step 5 but the BC HR compensation committee denied it.

'''''''''''''''''' states Baca told her on the week before Labor Day weekend that she needed to leave early to get her car fixed or she would call in sick the next day. '''''''''''''''''' informed her to speak to Padilla about the issue since he was her supervisor. That day, Baca left early and called in sick the next day. Shortly after, Padilla asked ''''''''''''''''' to write a 3-month sick leave corrective action form for Baca due to her attendance as a proactive approach to correct the situation, build up her time to avoid formal write-ups or disciplinary action and correct the situation. Since being issued the corrective action notice, Baca has to bring in a doctor’s note if she is on sick leave. '''''''''''''''''''' believes Padilla was justified to put Baca on corrective action because she told ''''''''''''''''''' and Padilla that she was going to call in sick the next day. Baca did call in sick the next day (Friday) of that holiday weekend and the following Tuesday as well. '''''''''''''''''' explains Baca considered the corrective action notice as unfair and refused to sign the paper.


In regard to preferential treatment, '''''''''''''''''''' supervises '''''''''''''''''' ''''''''''''''''' and '''''''''''''' ''''''''''''''''' and has not put them on corrective action because '''''''''''''''''' does not feel they abuse sick leave, they typically give advanced notice if they need to miss, and they ensure their work is delegated and/or taken care of before being out of the office. ''''''''''''''''' usually knows ahead of time when ''''''''''''''''' '''''''''''''''''' and '''''''''''''''''' are going to be off because it’s usually a doctor’s appointments. ''''''''''''''' ''''''''''''''''''''''' leave is not considered to be excessive because she works with ''''''''''''''''' and makes sure her work is done if she’s going to be off. ''''''''''''' '''''''''''''''' is the same and they communicate to make sure there is coverage. Baca worked directly with Padilla and knew what he needed for his meetings. When Baca was absent from work, there was no one who was trained to cover for her absence at that time.

''''''''''''''''''' is aware that Baca was on FMLA but she does not know the specific nature of ''''''' '''''''''''''''''''' ''''''''''''''''''''''' that led to the FMLA leave. She knows Baca complained about '''''''' '''''''''''. Baca was out a week around Memorial weekend and she had no leave on the books so Padilla placed her on leave without pay.

''''''''''''''''' described Padilla’s management style by stating that Padilla is family oriented. He thinks of the Treasurer’s Department as his family. Padilla strives for excellence and good quality customer service.

'''''''''''''''''''' does not agree with allegations that Padilla is unprofessional. ''''''''''''''''''' does not recall any complaint involving Padilla making harassing or inappropriate explicit comments to any employee. '''''''''''''''''' denied ever hearing Padilla make any type of sexually inappropriate comments in the workplace. ''''''''''''''''''''' explains Baca and Padilla worked very well with each other. She has never witnessed Padilla making any comments about Baca, the fact that she did not attend his end-of-summer party, or remarks about who Baca dates. '''''''''''''''''''' did not attend Padilla’s end of the summer party because her husband was in urgent care. Padilla did not harass her about the fact she did not attend the party. ''''''''''''''''''''' is shocked by Baca’s allegations.

'''''''''''''''''' does not have knowledge of why Padilla cancelled Baca’s reservation to attend the Treasurer’s affiliate conference. However, '''''''''''''''''' states Padilla has cancelled her '''''''''''''''''''''''' reservations before and it was always due to business requirements.

'''''''''''''''''''' states Baca does not have access. She is given access with the recommendation of the manager when she is completely trained and if she needs access. With Baca, '''''''''''''' ''''''''''''''''' would have to give her access. ''''''''''''''''''' referred to ''''''''''''''''' and '''''''''''''' for information about whether Baca has completed her training. '''''''''''''''''''' has no information about Baca being denied voice-mail.

''''''''''''''''''' stated that the Investment Banking officer position held by Baca is paid from the accounting dept. When Baca was interviewed for the position, she agreed to perform the duties of AO III and IBO. Baca is no longer performing the AO III job function but ''''''''' ''''''''''''''''' does not know why.

'''''''''''''''''' does not have specific information about Baca’s allegation that she was treated unfairly compared to ''''''''''''''' ''''''''''''''''' because ''''''''''''''''' '''''''''''''''''' was not directly supervised by Padilla. The Manager who supervises the employee is responsible for disciplinary action, if needed. ''''''''''''''''''''' has private conversations with ''''''''''''''' ''''''''''''''''''' about her leave and Baca would not know about this.

'''''''''''''''''' has no knowledge of any other employees who filed complaints against Padilla. ''''''''''''''''' has no knowledge of Padilla retaliating against any employee.


'''''''''''''''''''' thinks that Baca was upset because of the corrective action form and that was the reason for filing the complaint against Baca. Baca enjoyed working for Padilla and she had a lot of free rein in that position. ''''''''''''''''''' does not understand why Baca filed the complaint. Ended at 12:47pm

''''''''' '''''''''''

''''''''''''''' is the ''''''''''''''' ''''''''''''''''''''''' for Bernalillo County and has worked under Patrick Padilla since 2005. ''''''''''''''''' directly supervised Baca for a short time when she was an Administrative Assistant Level 1 and since then he has indirectly supervised her.

''''''''''''''' explains Baca as a good-quality worker and notes that she has however missed work often whether excused or not.

In regard to Baca’s allegation of preferential treatment with the use of sick leave, '''''''''''''''' states it is Baca’s responsibility to document any action against mentioned employees '''''''''''''''''''' '''''''''''''''' and for a time '''''''''''''''''''' ''''''''''''''') and to then pass it to a supervisor for review. ''''''''''''''''' also states many other employees have been put on corrective action for sick leave.

''''''''''''''' has not witnessed Baca being denied restroom breaks.

''''''''''''''' has not witnessed any harassment from Padilla to Baca about her failure to attend Padilla’s end-of-summer party and '''''''''''''' has not been harassed for his lack of attendance to the parties.

'''''''''''''' explains it was his decision to deny Baca access to the banking system because Baca had not yet finished the training for the system.

''''''''''''''' has not observed any inappropriate conduct from Padilla. '''''''''''''''' describes Padilla as a people person and treats co-workers like family.

'''''''''''' '''''''''''''

''''''''''''''''' transferred from the BC Assessor’s office to the BCTD in on September 1, 2011. His job title is '''''''''''''''' ''''''''' ''''''''''''''''''''''''''', and he is supervised by ''''''''''''''''. '''''''''''''''''''' met Baca the first day of work in the TD but does not recall much about the meeting because he met so many employees that day. He has not had any work related contact with Baca since his first day with BCTD.

'''''''''''''''''' described Padilla’s management style as outspoken but ''''''''''''''''' has never heard an inappropriate comment from him. Padilla makes his rounds in the morning and greets all of the employees. Management brings in donuts to let the employees know that they are appreciated.

Padilla makes it clear to the employees what he wants and when he wants it done. '''''''''''''''''''' takes detailed notes when he meets with Padilla, and Padilla appreciates that. A satisfied customer wrote a letter thanking ''''''''''''''''''''' for his excellent customer service. Padilla called him in to his office and thanked him for being professional with the customer.

'''''''''''''''''' has no reason to believe that Baca has been harassed, discriminated against, or retaliated against in any aspect of her employment. '''''''''''''''''' does not remember a comment by Padilla: “This is JoAnn Baca. She is the best administrative assistant but she doesn’t go to my parties”, (when Padilla introduced


''''''''''''''''' to Baca). '''''''''''''''''' stated the work environment in the BCTD is a nice change from the BC Assessor’s office where he transferred from.

Confidential Witness B

Confidential Witness B met Baca when Baca was hired as a Tax Research Assistant. Confidential Witness B has had frequent interaction with Baca since Confidential Witness B was promoted in 2009 to AO I. Since then Confidential Witness B has had frequent contact with Baca because Baca is Confidential Witness B’s '''''''''''''''''''''''. Baca had to sign off on Confidential Witness B’s leave slips and trained her in administrative job duties. According to Confidential Witness B, Baca is very professional, they talked about a lot of different subjects, and they had a good working relationship.

Confidential Witness B has worked closer with Padilla since being promoted to AO III and replacing Baca. Confidential Witness B has worked closer with Padilla. After Baca’s departure, Confidential Witness B replaced Baca but was not moved to administration. Confidential Witness B assumed some of the AO III duties and is still responsible for her AO I job duties. Confidential Witness B is currently working on budget, travel, training, approval of leave slips, and minutes for the management meetings.

Confidential Witness B stated that working for Padilla has been good. Padilla does make comments and she’s not sure when he is joking around or if it’s just his personality. Recently, Confidential Witness B told ''''''''''''''''''' that she felt overwhelmed by all the work. ''''''''''''''''''' brought it to Padilla’s attention and he pointed at his eye and said, “I don’t care”. Confidential Witness B took offensive to the comment. The comment made Confidential Witness B feel that Padilla did not really care how she felt; and that her employer does not care that she is overwhelmed by the workload. Confidential Witness B could not recall that Padilla has ever made any comments of a sexual nature around her.

Overall, Padilla is professional in what he does. He does say things but she does not know if he means it. He does say things that are inappropriate but it is up to the person and how they take it. Confidential Witness B and Baca would confide to each other about their supervisors.

Baca told Confidential Witness B that she liked Padilla and that he was easy for her to handle (considering that he had been through several assistants). Baca stated that Padilla is not as bad as what other employees said about him.

There was an instance with the NACO minutes when Padilla told Confidential Witness B that the members of the board were impressed with the way she did the minutes. Padilla pointed out that Confidential Witness B forgot to put at the end that it was presented by Patrick Padilla. Padilla mentioned to her that it looked like a junior in high school wrote the minutes. Confidential Witness B did not appreciate the comment because she is a senior at UNM Anderson School of Business. She giggled and walked away and didn’t let Padilla know how she felt.

''''''''''''' '''''''''''''''''' told Confidential Witness B that it is necessary to tell Padilla if he’s hurting your feelings. Confidential Witness B stated that Padilla’s conduct at the NACO meetings is professional.

Confidential Witness B has been counseled about her attendance. When Confidential Witness B was promoted to AO III, she was counseled that she would have to watch her attendance especially with regard to sick leave. Confidential Witness B has never been written up for attendance but was told that if she does not watch her attendance she could be written up. About two weeks ago Confidential Witness B was five minutes late and '''''''''''''''''''' told her that she could be placed on correction action.


Confidential Witness B stated Baca mentioned to her about an accident and that she sustained ''' ''''''''''' ''''''''' '''''''''' '''''''''''''''' Confidential Witness B is aware that there are employees who take off from work and are not required to submit a leave slip. Confidential Witness B reported that Padilla allows '''''''' '''''''''''''''''' '''''''''''''''''' '''''''' '''''''''''''''' to leave work and they do not have to submit a leave slip. Recently, '''''''''''''' did put in a leave slip when he was on medical leave. Confidential Witness B knows his for a fact because ''''''''''''''''''''' and '''''''''''''''''''' names are never on the employee leave calendar, and they have a very high leave accrual balance. Confidential Witness B has never seen a leave slip from ''''''''''''''''''. Confidential Witness B doesn’t feel it is fair because if employees have to put in a leave slip for leave, then why aren’t '''''''''''''' '''''''' '''''''''''''''''''

Confidential Witness B has observed that there have been times when Baca was not at work and was not on the calendar as being on leave. Confidential Witness B suspects that Baca may have also been permitted by Padilla to leave work without submitting a leave slip. She thinks that they may have that kind of relationship where Padilla allows her to leave and not submit a leave slip; however, there is possibility that she was running errands for him to possibly buy coffee, supplies, etc.

Confidential Witness B had the opportunity to go on FMLA but she chose to speak with Padilla prior to that and asked him if he just wanted to work with her because '''''''' '''''''''''''' ''''''''''''''''''''''' ''''''''''''' '''''''''''''. Padilla worked with her on that but she always submitted a leave slip. ''''''''''''''''''' told her that Padilla doesn’t like employees to go on FMLA. Confidential Witness B, Baca, ''''''''''''''''' '''''''''''''''' and ''''''''''' have all been on FMLA.

Confidential Witness B has seen Baca and Padilla joking and laughing together. She cannot remember the specifics but she does remember that Baca was always quick with a comeback. There were times when Padilla would call in and if Confidential Witness B answered the phone Padilla would joke around about Baca always being on break. Confidential Witness B never saw an instance when Padilla didn’t allow Baca to go on a restroom break. BC employees can always call someone for coverage when they go on break.

Confidential Witness B heard that Padilla called employees “stúpida” but she doesn’t know the specifics. She heard about this from ''''''''''''''' ''''''''''''''. Confidential Witness B has never heard Padilla criticize Baca’s boyfriends or any employee’s boyfriend.

Confidential Witness B does not support Baca’s allegation that Padilla retaliated against her by moving her to different positions. Padilla hired '''''''''''''''''' '''''''''''''' to replace Baca when she was on FMLA because Padilla always has to have a full-time person there to assist him. Baca worked well for him and he liked her and wanted to keep her there. That is the reason why Padilla wanted to keep her in administration when she was promoted to Investment Banking Officer because he liked the way she did things. Baca seemed to outlast all the previous administrative officers assigned to Padilla.

Confidential Witness B did not hear any comments about the fact that Baca did not attend his end of the summer party. She knows that Padilla kiddingly asked ''''''''''''''''''' why she did not go to his party but she does not know about Baca.

Confidential Witness B is aware that Baca was not allowed to attend Affiliate conference. Confidential Witness B was told to remove Baca off the list of people scheduled to attend the conference and speculated that it was because Baca had been off from work and had had to catch up with her work.

Confidential Witness B has no information regarding Baca’s allegation that she is denied access to the bank or e-mail. Confidential Witness B has never heard Padilla say anything about employees dating habits or boyfriends


Confidential Witness B has no reason to believe that Padilla retaliates against employees who report him. Confidential Witness B has never heard Padilla make any derogatory comments about Baca’s skin color; or the fact that she does not speak Spanish. Confidential Witness B has not heard any derogatory comments by anyone about Baca’s age.

Confidential Witness B has no reason to believe that Padilla harassed, discriminated against, or retaliated against Baca in any term or condition of employment.

Confidential Witness B does not know of any other employee who has filed a complaint against Padilla. Confidential Witness B suggested that the Investigator interview some of the previous AO’s who worked for Padilla such as '''''''''''''''''' ''''''''''''''''' '''''''''''''''' '''''''''''''''''' ''''''''''''' '''''''''''''''''''' ''''''''' ''''''''''''''' ''''''''''''''''''''''' Confidential Witness C

Confidential Witness C felt it was difficult working for the BCTD. She worked there (2) days and told her husband she “couldn’t do this”. Confidential Witness C described it as a hostile environment. Confidential Witness C knows it is a strong term and understands the meaning behind it. She reported to Padilla but '''''''''''''''''''' would oversee when he was gone. ''''''''''''' '''''''''''''' is a good person and is excused from everything and all that goes in there. Confidential Witness C doesn’t have good things to say about ''''''''''''''''''''''' or Padilla’s management style. Padilla’s management style is poor. After working with him for four months, she lost respect for him because of the things that went on in the department.

According to Confidential Witness C, an AO III must have (8) years of experience to qualify for the position. With that in mind, Confidential Witness C could not comprehend that her first and foremost duty of the work day was to serve Padilla coffee, and not to talk to him unless he is ready to talk to her. Confidential Witness C felt that this was poor when she came in with her level of experience and felt belittled. She does not serve her husband coffee, “If I don’t it at home why would I do it at work”? It was disrespectful for her as a person in general and as a female as she has so much more to bring to the table rather than just serving coffee. Although she did have other duties, all of her attention had to be on him when he was there. ''''''''''''''''' told her she would have to serve him coffee when he walks in. At investors meetings she was required to serve coffee and juice to everyone that was in attendance. She also had to maintain department monies to buy plates, coffee, condiments, etc. and was required to purchase them on her own time.

Baca never had an issue with restroom breaks when she worked for Padilla. She and '''''''''' ''''''''''''''''' would cover for each other to go to the bathroom.

Padilla’s management style with everyone is unprofessional, gruff, demeaning, and unruly. Confidential Witness C was very offended by Padilla when he asked her, “¿Estás en marijuana o qué? Are you smoking pot or what?” She was so flabbergasted it took her aback. For the most part she would not speak because when she did, Padilla belittled her. He would ask her, “why are you talking, is anyone talking to you?” Padilla belittled her at the investor meetings and with him personally in front of ''''''''''''''''' and '''''''''''''. Confidential Witness C stated it was horrible and the worst employment she has ever had. Confidential Witness C worked for Intel which is the work employees and work environment is professional. The type of mentality that Padilla exhibits in the BCTC would have been stopped immediately at Intel.

Confidential Witness C never told Padilla that she did not like his abusive treatment because he would have become more combative, and it was not worth being continually yelled at. That comment in Spanish was unbelievable. Confidential Witness C also recalled that Padilla would say to her, “Are you stupid or what, or are you dumb?”


On one occasion, Confidential Witness C accompanied Padilla to the 10th floor for a meeting in the County Manager’s office (T. Lucero). While they were sitting and waiting for the meeting to begin, Padilla told her to phone '''''''' ''''''''''''''''''''''''' from downstairs and have him come and get his car keys to fill it up his car with gas. When Confidential Witness C returned to the meeting she heard and witnessed Baca make negative and derogatory comments to Commissioner Wiener. Padilla stated to Wiener, “You know what you are, don’t you?” Wiener replied, “No, what?” Padilla stated, “A viejo entremetido” or an old nosy person in English. This remark was stated in front of Padilla’s peers and the County Manager. Padilla’s attitude is that he is an elected official and no one can touch him. Padilla would often comment about how many people voted him in to the office and that is who says he can do this.

The BCTD was strict about employee break time. If an employee could not take his/her break at the specific time, then the employee donated to the county. ''''''''''''''''''' ruled with the same iron fist. She had no flexibility to think outside the box. Confidential Witness C’s perspective is that the people (the employees) worked in fear of '''''''''''''''''. Padilla has gone through nine Administrative Assistants during his term of office. There were many that couldn’t work for him. For example, '''''''''''''''''' '''''''''''''''' was treated badly by Padilla. Her boyfriend, who knows Padilla, told her to leave and stated to her, “I don’t what’s worse that my friend treats you that way or that you allow your boss to treat you like that”. The employees there vie for his approval and favor because he is so difficult to work for. The employees all work against each other.

Confidential Witness C could not tolerate working for Padilla. She was losing sleep and creating angst because he was so horrible to her. When Confidential Witness C worked in Finance she met '''''''''''''' '''''''''''''''''''' ''''''''''''''''''' is no working at BC ''''''''''''''''' ''''''''''''''''''. '''''''''''''''' told Confidential Witness C that working for Padilla was so bad that her husband had to confront Padilla. Confidential Witness C considered going to BC HRD to complain about Padilla but was told by others not to bother because Padilla is an elected official who knows too many people and BC HR will pretend the complaint did not exist.

Confidential Witness C never experienced any form of sexual harassment from Padilla. Confidential Witness C described herself as a friendly person and she will give hugs. One evening she hugged an older employee by the name of ''''''''''''''' when they were preparing to leave at the end of the work day. The following day she received an email from one of the young kids in the dept which stated something like”You look really good; you don’t show your age.” Confidential Witness C showed the email to Padilla and ''''''''''''' advising them that it was not appropriate and should stop. Padilla responded, “If you hug people, you’re bringing it on to yourself.” Confidential Witness C does not know the name of the employee who sent the email and has no idea if Padilla looked into her complaint about the email. Confidential Witness C does not think that hugging one older employee is bringing anything on herself.

Confidential Witness C asserted that Padilla is a macho towards women and men who are inferior to him. The demeanor Padilla portrays is, “I’m talking so you don’t speak.”

Confidential Witness C stated that Padilla is strict with employees about taking leave. His modus operandi was that no one should take leave from work. Padilla took forever to approve when she requested leave. On one occasion, Confidential Witness C was late to work because of traffic two times and Padilla let her know that it should not happen again. After that she was always at work by 7:15AM although her work day did not start until 8 am. Padilla never retaliated against Confidential Witness C for taking leave.

Confidential Witness C has no personal knowledge regarding Baca’s allegations against Padilla.


'''''''''''' ''''''''''

'''''''''''''''' has been employed by BC for '''''''''''''''''''''''' '''''''''''''. Her job title is '''''''''''''''''' ''''''''''''''''''''''' ''''''''''''''''''' in the BCTD. ''''''''''''''''' sees Padilla frequently at work. She likes his management style because he does not micro-manage his employees, he is straightforward in his mgmt. style, and there is no gray area. She has worked for 6 different Treasurers and Padilla is one of the best. Padilla is in the office five days a week and he always knows what is happening in each of the BC departments. Padilla takes a clear interest in the office, and this is a refreshing change from other Treasurers. '''''''''''''''' has heard employees say that Padilla is demanding. ''''''''''''''' agrees that Padilla is demanding but she finds no fault in being demanding.

''''''''''''''''' met Baca when she sat in on her interview for employment with the BCTD. '''''''''''''''' described Baca as a very professional and positive person. Baca was hired as Administrative Assistant to Padilla. Baca is always present at management meetings and takes the minutes of the meeting. Baca is always professional, courteous, and nice. ''''''''''''''''' cannot say anything bad about her. '''''''''''''''' initially thought that Padilla and Baca would be a perfect management team. ''''''''''''''' spent time with Baca at a conference in Hobbs, NM and then they drove back together. ''''''''''''''''''''' impression was that Baca and Padilla would be a great team. ''''''''''''''''' has never heard Padilla say anything negative about Baca.

''''''''''''''' is extremely puzzled that Baca filed a complaint against Padilla. Baca is very good at what she does and does it with a smile. When '''''''''''''''' was a smoker, Baca, ''''''''''''''', and ''''''''''''''' '''''''''''''' would break together. ''''''''''''''''' is surprised that she didn’t hear something then about any conflict between Baca and Padilla. '''''''''''''''' quit smoking in February 2011 and thereafter did not see Baca for breaks.

''''''''''''''' is aware that Baca slipped and fell in the parking garage and '''''''''' ''''''''''''''''. '''''''''''''''''' speculated that is the reason Baca was on FMLA but she is not sure.

''''''''''''''''' attended a management meeting when one of the female managers said she saw Baca at Costco and she looked okay (referring to her health). '''''''''''''' defended Baca. ''''''''''''''' stated that some of the employees complained that Baca was always gone and never at work. ''''''''''''''''' noticed that Baca is sometimes not at work but it’s not something that she pays attention to.

''''''''''''''''' has had to take time off from work ''''' ''''''''''''''''' '''''''''''''''''''''''''''''' ''''''''' '''''''''''''''''' ''''''''''''''''''''''''''''''. In the past two years, ''''''''''''''' called in sick twice and that is not abusive. Generally, '''''''''''''''''' goes to a doctor’s appointment and then returns to work. ''''''''''''''''' does not have a special arrangement with Padilla regarding her leave. '''''''''''''''' always submits a leave slip when she takes leave.

The difference between Baca and ''''''''''''''' is that Baca calls in sick. ''''''''''''''''' stated that she placed '''''''''''''''' '''''''''''''''', a former employee, on corrective action because of her leave. The TD managers try to take care of an attendance issue without getting the BC HRD involved. If there is a pattern of leave abuse, ''''''''''''''''' believes that a manager has to be able to rely on her employees.

'''''''''''''' explained that Padilla expects his employees to be at work especially when he’s doing trading it is essential that he has a reliable person there to assist him. If an employee calls in sick, it’s frustrating and creates a hardship to get task completed.

''''''''''''''' is aware that when Baca fell in the parking garage it resulted in a '''''''''''' '''''''''''''''''''' and as a consequence, Baca can’t sit for long periods of time. ''''''''''''''''' is not aware that Baca has ''''''''''''''''''''


'''''''''''''''''''''' ''''''''''''''''' is not aware of Padilla allowing any employee(s) to leave work and not submit a leave slip.

'''''''''''''''''' has never heard Padilla make derogatory comments about Baca. '''''''''''''''' has never heard Padilla refer to any employee “stupida” or tell sexual jokes or make any sexual innuendoes. '''''''''''''''' has never seen Padilla humiliate or embarrass Baca in front of employees or the public.

'''''''''''''''' knows that Baca took daily (15) minute smoke breaks so if she could take a (15) minute smoke breaks, then she could certainly walk out to the bathroom which is right down the hall. ''''''''''''''''' is aware that one of the employees in '''''''''''''''''''''' department covers for Baca for restroom breaks.

''''''''''''''''' has no knowledge regarding Baca’s allegation that Padilla harassed her when she did not attend his end of summer party. '''''''''''''''' missed two of Padilla’s parties, and he did not harass her about it.

''''''''''''''' is aware that Baca was moved from administration to accounting when she slipped and '''''''''' '''''''' ''''''''''' It is a necessity that the administrative assistant to Padilla be at work on a consistent basis. If an employee is on FMLA, the Department does not know when the employee is going to be at work. When Baca was on FMLA, she was placed in another position and a temporary replacement was assigned to work for Padilla. When Baca returned from FMLA, she was moved back to being an Administrative Assistant and reassigned the temporary employee elsewhere within the department. This arrangement made perfect sense to '''''''''''''''''. A few weeks ago ''''''''''''''' passed by the accounting area noticed that Baca is back in accounting and sitting in '''''''''''''' '''''''' position. ''''''''''''''' stated there has always been a legitimate reason for moving Baca. '''''''''''''''''' has been moved to different departments and different positions within BCTD. ''''''''''''''''' expressed that it is not odd to move an employee where he/she is needed and it is in the best interests of the department.

'''''''''''''''' has never heard about nor does she have any knowledge that Padilla harasses Baca about who she dates. ''''''''''''''' does not have any information about Baca being denied the opportunity to attend a training conference but it is not uncommon and occurs if something comes up and the employee is needed at work. The department will try to send the employee the next time a training conference opportunity comes about. ''''''''''''''''' knows for a fact that Baca attended the NMAC in 2009 because they were both at that conference.

'''''''''''''''''' expressed surprise regarding Baca’s allegation that she is being discriminated against based on age. ''''''''''''''''''''' opinion is that this allegation is bogus.

'''''''''''''' found it necessary to discipline ''''''''''''''' '''''''''''''''''' about calling in excessively (attendance) and cautioned her that she cannot be doing this. Afterwards, ''''''''''''''''' is aware that ''''''''''''''''' went to the BC HRD to complain about being written up.

''''''''''''''' commented, “Boy or boy, maybe that’s what it is. Padilla wrote Baca up about attendance and she doesn’t like it. Some people aren’t used to being spanked for lack of a better word”. ''''''''''''''' did the same thing to ''''''''''''''' after she was warned about her attendance issue.

'''''''''''''''''' does not know of any other employee filing a harassment or discrimination complaint against Padilla.

Confidential Witness D

'''''''''''''''''' '''''''''''''' oversees administration, accounting, and cashiering. '''''''''''''''' '''''''''''''''''' oversees customer service, special accounts, and delinquent accounts.


Confidential Witness D met Baca in August 2008 when Baca began her employment at BC. Baca has been continuously employed since then except for some FMLA time off. Baca was in a car accident which resulted in an injury to her neck.

Confidential Witness D had a close working relationship with Baca when she was promoted to AO II and worked in an office right next to Baca’s. They got along well for the most part. Baca was moved to a different department when she was on FMLA because of the requirement that the AO II has to be at the desk all the time. After Confidential Witness D moved, Baca was very different with her. If Baca walked by, she did not even say hello. Confidential Witness D moved to cashiering for a few months and Baca would walk by when going to smoke or restroom and maybe one out of four times she would say hello. Confidential Witness D felt that was weird because she tends to be friendly with everyone all the time. Confidential Witness D is not friendly one day and unfriendly the next day. Confidential Witness D described Baca as wishy-washy but has had no problems on the job with her.

Padilla never takes off of work. He does not believe in it. He was raised in an era where if you are sick, you go to work. If you are hurting, you go to work. Padilla does not like employees to be off from work. Padilla did not pick on Baca any more than he has picked on anyone else about taking leave. Confidential Witness D does not think Baca has been disciplined for leave. Confidential Witness D stated that there is no one in the department who gets preferential treatment with regard to taking leave. Confidential Witness D’s opinion is that Baca takes off more than anybody else. Confidential Witness D knows that Baca is very knowledgeable and thorough about her work but she does not know if Baca use of leave has affected her ability to do her work.

Confidential Witness D stated that ''''''''''''''''' ''''''''''''''''''' ''''''''''''''''' '''''''''''''''' ''''''''' ''''''''''''' '''''''''''''''''' take off a lot from work but Baca does too. Baca told Confidential Witness D that if she did not have '''''''' ''''''''''''''''' '''''''' ''''''''''''' ''''''''' ''''' ''''''''''''''''''''''''' ''''''''''''''''' ''''''' '''''''''''' '''' '''''''''''''' ''''' ''''''' ''''''''''''''''''' Confidential Witness D stated that Baca always had '''''''''''''''''''''' '''''''''''''''''''''''.

When asked if Padilla has mistreated Baca in any way, Confidential Witness D replied, “Patrick is Patrick”. Padilla may be rude, crude, and socially acceptable but she does not see him picking on Baca anymore than anybody else. Confidential Witness D described Baca as one of those Oh, poor me kind of people. If Padilla tells her she is always off, Baca blows it out of proportions. Padilla does that with everyone and that is the way he is. Baca has a problem with criticism.

Confidential Witness D knows Padilla outside of work as her son is married to Padilla’s step daughter. There’s no blood relationship between her and Padilla. Confidential Witness D stated, “He does that to everybody” in response to a question about whether she has ever heard Padilla call Baca, “estúpida”. “That’s Patrick, whatever.”

Confidential Witness D knows that Padilla gets very upset when employees do not attend his end of summer party, especially his administrative assistants. Padilla throws the party every year. One year Confidential Witness D was out of town for a funeral. This last party, Baca did not go. Baca was mad at Padilla for whatever reason. Baca told Confidential Witness D that she was unable to attend the party because it was her son’s 21st birthday, and her son did not want to go. Baca told her that she wanted to take her son to the casino. Confidential Witness D thinks that is understandable because family comes before work. Confidential Witness D confirmed that Padilla did tell everybody that his AO did not go to the end of summer party but he told other employees who did not attend the party the same thing. Confidential Witness D thinks that Padilla did go overboard with her because Baca was his AO III and he thought she should have been there.


Padilla makes comments to Confidential Witness D such as, “You look like shit” all the time but he is joking. Padilla thinks it is funny. No one would dare turn the tables on him. Padilla tells Confidential Witness D that she is fat and stated to her, “When’s the last time you snuck up on a mirror and opened your eyes?” Padilla has always been like that and guesses it is his way of joking around. Confidential Witness D has known Padilla for (35) years and it does not matter if you are family, coworkers, or subordinates, he treats everyone the same and makes those comments but he does not do it maliciously. No one has had the guts to stand up to Padilla and let him know if they do not appreciate it and to cut it out. Confidential Witness D stated it is fair to say that some people do not appreciate Padilla’s humor, and get mad at him.

Padilla is demanding with his work ethic and wants to get things done. Padilla has made a lot of money for this county. He is probably unprofessional in terms of things he says but no one has ever told him he is unprofessional. If they did he would say that is just me. Padilla would say to them, “There are voters out there, and they elected me.”

When Padilla calls the office he expects his employees to be there. If Padilla wants something done and the employee has to go to the restroom it is too bad. Right now Padilla doesn’t have an assistant so Confidential Witness D has to pick up the slack. '''''''''''''''''' '''''''''''''''' has the administrative officer III position but Confidential Witness D is responsible for manning the phones. Confidential Witness D gets more harassment from '''''''''''''''''' when she has to go to the restroom. The administrative assistants are responsible for the administrative department and Padilla expects them to be there when the taxpayers call. In Padilla’s mind the taxpayer comes first. Confidential Witness D ended up with a urinary tract infection because she could not take breaks to go to the restroom. Confidential Witness D brought a note from her doctor which mandated that she has to go to the restroom at least every 2 hours. When ''''''''''''''' returned to work, he told Confidential Witness D to go to the rest room when she has to. If there is no one there to cover the phones now Confidential Witness D locks the door to the office before she leaves. Baca vaguely complained about the restroom break situation to Confidential Witness D but it never stopped her from going out for cigarette breaks. Baca was able to get coverage to go on cigarette breaks so she should have been able to get coverage for restroom breaks or she should have just gone.

Confidential Witness D stated that Baca was not harassed when she was moved to different offices. The AO III has to be at work to take care of urgent business. Baca was moved to another position when she went on intermittent FMLA. This action was taken to insure that Padilla’s work was completed. Baca was brought back to her position when her FMLA time was over. When the Investment Banking Officer position was open, Baca applied and was selected. Baca is now back in accounting and that is her regular, full-time position. Confidential Witness D does not know why Padilla relieved Baca of the AO III job duties.

Confidential Witness D stated that Padilla may have said something to Baca about a friend that Confidential Witness D and her husband introduced to her. Padilla knows the person and thinks he is bad news and he might have told Baca. Aside from that person, Padilla does not know who Baca dates he does not care who his employees date.

Confidential Witness D has no personal knowledge regarding why Baca was not allowed to attend the conference. Confidential Witness D has no information regarding Baca’s allegation that she is being denied access to the bank or denied voicemail.

Confidential Witness D does not believe that Padilla would retaliate against Baca. Confidential Witness D does not know of anyone else who filed a complaint against Padilla. Padilla always says he does not care if you are red, blue, green, yellow, or pink. He does not care. To her knowledge, no one else has complained about harassment from Padilla. He makes people mad and then they get over it. Padilla treats


Baca the same way that he treated his other administrative assistants. Padilla is a hard man but he gets the job done. He is not there to babysit. He is there to do the job. He has been equally hard on all of them, but he is possibly chasing them off due to his management style.

''''''''''''' '''''''''''''''''''''''''''''' has been employed since February 2006, and she is '''''''''''''''''''' ''''' '''''''''''''''''''''''' '''''''''''''''''''''. ''''''''''''''''' is '''''''''''''''''''' supervisor. ''''''''''''''''' has never worked side by side with Baca. ''''''''''''''''' was already employed when Baca was hired. After Baca was hired, ''''''''''''''' told Baca a little about brokers, administration, and showed her what she would be doing. ''''''''''''''' stated that Baca has been employed for the BCTD about two to three years.

'''''''''''''''''' thought Baca would be just perfect working for Padilla. When Padilla is in the office he is a demanding person. Baca interacts with the BC TD managers when she takes notes at the manager meetings. ''''''''''''''''' stated that it seemed like Baca and Padilla got along perfect. She does not go into the administrative area very often. She has never seen any conflict between Baca and Padilla. '''''''''''''''' is aware that Baca had a position in accounting and it appeared that ''''''''''''' '''''''''''''''' was Baca’s boss. '''''''''''''''''''''' office is behind customer service so she can’t see what is going on in the admin department. '''''''''''''''' goes to the administration area once per day to pick up the mail for her department.

'''''''''''''''' will sometimes run into Baca in the break room but there is no communication between them unless '''''''''''''''' speaks to her.

''''''''''''''''' is surprised to find out about Baca’s complaint against Padilla. '''''''''''''''''' has never heard Padilla say anything sexual in the workplace. Padilla treats his staff like a family. Padilla’s door is always open to staff. If ''''''''''''''''' has a personal emergency and has to leave work, Padilla allows her to leave without hesitation.

Padilla likes to joke around with his staff. '''''''''''''''' tends to wear her hair messy and Padilla kids around with her that she needs to use some hairspray. ''''''''''''''' stated that Padilla calls himself fat. Sometimes Padilla says things and it goes in one ear and out the other. ''''''''''''''' doesn’t worry about it. '''''''''''''''''' has had a good working relationship with Padilla. ''''''''''''''''' stated that Padilla’s management style is very professional. Padilla meets with the managers every other Wednesday and Baca takes notes of what is discussed during the meeting. The managers tell Padilla what’s going in their departments, and they ask him different things. At the last meeting, they asked him if he was going to fry a turkey for the staff Christmas party. Baca is very generous with staff. '''''''''''''''' has heard from staff that Padilla has changed the whole office around compared to previous administrations and has done a great job for the BC by bringing in money and doing well with investments. Padilla has made the county a lot of money and has done very well.

''''''''''''''' has never heard Padilla make any inappropriate comments in the workplace. She is not aware of any employee being offended by any of Padilla’s comments or statements. ''''''''''''''' knows that '''''''''''''''' '''''''''''''''' made comments about Padilla. ''''''''''''''''' ''''''''''''''' served as ''''''''' '''''' for Padilla for a period of time and would take the minutes of the manager meetings. ''''''''''''''' tried to caution ''''''''''''''''' ''''''''''''''''' about her conduct in the meetings and cautioned her that she was a little too chitty-chatty. ''''''''''''''''' explained that ''''''''''''''''' ''''''''''''''' would start giving her advice on different things being discussed. '''''''''''''''' told her that she would have to calm it down and cautioned her about getting involved in the business end of the BCTD. ''''''''''''''' '''''''''''''''' was too outspoken and '''''''''''''''''' could tell that Padilla did not like that. ''''''''''''''''' stated it is important to understand Padilla’s management skills, what he likes and doesn’t like. '''''''''''''''' thought Padilla and Baca were so compatible because Baca is the quiet type, and it just seemed like they got along perfect. ''''''''''''''' observed Padilla and Baca enjoy and laugh about different things. '''''''''''''''' is shocked that this is happening.


'''''''''''''''' stated Baca’s allegation that ''''''''''''''''' ''''''''''''''''''' received preferential treatment regarding taking leave is not true. '''''''''''''''' served as timekeeper for awhile and she knows that '''''''''''''''' would be placed on leave without pay when she didn’t have leave to cover her absences. '''''''''''''''''' has a lot of legitimate family issues which require that she take time off and she always had to fill out a leave slip. ''''''''''''''''''' is very strict about leave. '''''''''''''''''' has also had to bring in doctors excuses when she is out sick. ''''''''''''''' ''''''''''''''' fell off an ottoman and ''''''''''''''''''' ''''''' ''''''''''. '''''''''''''' was on FMLA due to '''''''' ''''''''''''' and had to use all her time. ''''''''''''''' has always filled out a leave slip when she takes leave. ''''''''''''''' is not aware of Padilla allowing any employee to leave and not submit a leave slip.

'''''''''''''''' stated that Baca told her that she has a lot of '''''''''''' '''''''''' '''''''' ''''''''''''''''''' ''''''''''''''''''''''''. '''''''''''''''' remembers that Baca slipped and fell or something like that.

'''''''''''''''' is not aware that Padilla ever humiliated Baca by a comment. Padilla may have made comments towards Baca but she never thought it was anything serious because Baca would laugh about it, or retort a comment back at Padilla. '''''''''''''''' never heard a comment that she would think about twice. Padilla always kids around with ''''''''''''''' about her hair needing to be combed and she is not offended.

'''''''''''''''''' is aware that Padilla is in the office for a few hours and then he leaves. ''''''''''''''''' finds it hard to believe that Baca could not go to the restroom.

''''''''''''''''' has never witnessed Padilla call Baca or any employee “stúpida”. Padilla calls himself a fat little Mexican and laughs about it to be funny. Padilla is a jokester, but it is a different type of humor. ''''''''''''''' is not offended by his humor but just dismisses it as “whatever”. ''''''''''''''' has no information regarding Baca’s allegation that Padilla criticized her boyfriend or that he cancelled Baca’s reservation to attend a training conference. '''''''''''''''''' has no knowledge regarding Baca’s allegation that Padilla harassed her and retaliated against her by reassigning her to different positions after Baca called in sick. ''''''''''''''''' is aware that Baca recently applied for a position that was either a grade move or lateral move.

'''''''''''''''' stated that when Baca was on FMLA she and ''''''''''' '''''''''''''''''' had to go upstairs and get '''''''''' to assist them with how to handle the situation since Baca already exhausted all of her leave. '''''''''''''''''' is aware that there was a person who replaced Baca when she was out on FMLA but she does not know the specifics of that.

'''''''''''''''' has no information regarding Baca’s allegation that she is denied access to the bank or access to voicemail. ''''''''''''''''' never heard Padilla make a derogatory comment about Baca’s skin color or complexion. '''''''''''''''' does not understand Baca’s allegation that '''''''''''''''' is given preference over Baca when in fact Baca and '''''''''''''''''' applied for the same position and Baca was selected. Moreover, '''''''''''''''''' has never worked directly for Padilla. '''''''''''''''' theorized that Baca filed this complaint against Padilla because she was placed on corrective action. ''''''''''''''' has no information or evidence to support Baca’s allegation that she was harassed, discriminated against, or retaliated against by Padilla and knows of no one else who has been harassed or filed a complaint against Padilla.

'''''''''''''''''' is sad and shocked that this is all taking place. She thought Baca and Padilla were a good working team together. ''''''''''''''' is surprised that Baca would say all this stuff, especially the allegation about sexual harassment. Confidential Witness E

CONFIDENTIAL:


Confidential Witness E began the interview by stating that she is very fearful of retaliation from Padilla and was unhappy with the fact that the interview has to be recorded. She questioned the Investigator about who would have access to her interview and the audio DVD. Confidential Witness E was informed that this Investigator will notify BC that she should be handled as a confidential witness.

According to Confidential Witness E, not long after Padilla assumed his term of office, he announced to all the BC Cashiers, (who had just gone through a desk audit and had been reclassified to Senior Tax Researchers), that they would no longer have that job title and their title was to be Cashier. Confidential Witness E stated that the change never changed on paper and there was no salary change. Confidential Witness E felt that Padilla was demeaning them. Confidential Witness E feels Padilla likes to put people down and it is a power thing on his part. The ''''''''''''''''''' are a diverse group and she does not believe Padilla discriminated against BC employees based on any protected class.

After Padilla came into office he brought in '''''''''''''''''''' '''''''''''''''' and made him a ''''''''''''''''''''''' ''''''''' ''''''' ''''''''''''''''''''' '''''''''''''''' ''''''''''''. He also brought in '''''''''''''''''''''''''' ''''''''''''' ''''''''''''''''''' ''''''''''''''''''' ''''''''''''''''''' who is still there and also '''''''''''''''''''''' ''''''''''''''''''''', both of whom are managers. According to Confidential Witness E, Padilla brought in other new hires to the BCTD who did not appear to have any property tax experience.

There was supposed to be a training opportunity that the employees could attend to learn more about computers and you needed to know about cashiering. They found out that '''''''''''''''''''''' was going to attend the training and they gave him a crash course in cashiering. There was a meeting held with Padilla and the Cashiering Department and Confidential Witness E decided it was the time to question Padilla about this.

During the meeting, Confidential Witness E questioned Padilla very nicely about '''''''' ''''''''''''''''''''''''''' qualifications and how it was possible that he could be hired as a manager in the BC TD. Confidential Witness E was curious because '''''''''''''''''''''''' was just out of high school and he was already a '''''''''''''''''''''. Padilla got really red in the face and was obviously upset that she had asked those questions. Padilla responded he did not have to answer her question. Confidential Witness E explained that she wanted to know because she was interested in being promoted to the position, wanted to know what qualifications '''''''''''''''''''''' possessed that she did not have.

Padilla became more and more upset and said, “I am the Treasurer and I don’t have to answer these questions” and was going on and on. Padilla ended the meeting and told everyone to leave except Confidential Witness E and ''''''''''''''' ''''''''''''''''''. Padilla crouched over Confidential Witness E, pointed his finger in her face, and said, “You are a nothing, you don’t know how to do anything. You absolutely are a nothing.” Confidential Witness E was very upset and humiliated but responded back, “You don’t know me, and you’re nothing but a bald face liar”. Padilla then told her that she was “'''''''' '''''' ''''''''''''''''''''''”. Padilla stood there and screamed in her face. Padilla was mad at her because she had put him on the spot by asking him those questions in front of all those people. Confidential Witness E described his behavior towards her as harassment.

Within an hour, Confidential Witness E had to move all her stuff out of her office and into customer service. They changed the combination code so that she would no longer have access. Confidential Witness E remained in customer service for awhile and then was moved to ''''''''''''''''' ''''''''''''''''''''' where she is currently employed.

On another occasion there was an office Christmas party in the TD and Confidential Witness E chose not to participate because it was not mandated. Because she and others did not participate in the Christmas party, Padilla required that they continue to work until 5 pm.


''''''' '''''''''''''''' is a Native American and Padilla mocks a Native American accent when he comes into their work area. Padilla tries to act like he is speaking the Native American language. ''''''''''''' goes along with it but told Confidential Witness E that he does not like it when Padilla mimics a Native American accent. Confidential Witness E has never heard Padilla make any inappropriate sexual remarks. Confidential Witness E has concerns about whether Padilla complies with the BC code of ethics because of the way he speaks to ''''''''''''''. Confidential Witness E does not have any more specific knowledge or examples that Padilla has violated the BC Harassment policy.

'''''''''''''' '''''''''''''''

''''''''''''''''''''' has been employed since July 2008 and works as a '''''''' ''''''''''''''''''''''''''' ''''' '''''''''''''''''''''''''' '''''''''''''''''''''. Her immediate supervisor is ''''''''''''''''''' ''''''''''''''''''. ''''''''''''''''''''' has been filling in as needed in administration since last Tuesday, (11/15/11). '''''''''''''''''''''' sees Padilla on a daily basis when he makes his rounds in the morning to visit the various departments within BCTD. '''''''''''''''''' was Baca’s supervisor from February until June of 2009. ''''''''''''''''''' cannot remember Baca’s job title at that time but she was sitting at the front desk doing the job that '''''''''''' '''''''''''''''' does now, answering phones, etc. '''''''''''''''' was Baca’s supervisor at that.

'''''''''''''''''''' was not impressed with Baca’s job performance during that timeframe because she had attendance issues; and was resentful of authority, and the fact that ''''''''''''''''''' was her supervisor. At that time, Baca was '''''''''''''' ''' '''''''''''''''''''''''''' '''''' ''' ''''''''''' '''''''''''' and often times found it difficult to return back to work after the appointment.

'''''''''''''''''''''' left the administrative department and not longer after, Baca was promoted to ''''''''''''''''''''''''''''''''' '''''''''''''' ''''''' ''''''''''''''''''' did not observe that there were any problems or friction between Padilla and Baca; and it just seemed like your average working situation. '''''''''''''''''''' was called to fill to cover in the administrative department if '''''''''' ''''''''''''''''' was not there.

Padilla is very positive person and takes the time everyday to go to every department to talk to all the employees. ''''''''''''''''''''''' appreciates that someone would do that. Padilla seems to know everyone’s name. It has been a positive experience working for the BCTD and since the beginning of her employment she has felt like an integral part of the department.

''''''''''''''''''''' indicated that she has never heard Padilla make any type of inappropriate comments towards her or anyone in the workplace. '''''''''''''''''''''' stated she is shocked by Baca’s allegations.

''''''''''''''' '''''''''''''''

''''''''''''''''''' is ''''''' ''''''''''''''''''''' '''''''''''''''''' ''''''''''''''''''' for the BCTD. She was hired in January 2005 and began her employment as administrative assistant.

''''''''''''''''''''' stated that Padilla works very well with her and his employees. Padilla jokes around and calls her “little Gov”. Padilla He is very professional and she has no complaints with the way he runs the office. Padilla seems to be liked by his staff.

''''''''''''''''''''' does not know Baca very well as she is not the friendly type and rarely speaks to anyone. She has no knowledge of Baca’s job performance. ''''''''''''''''''' interacts with Baca at management meeting and Baca usually took notes of the meetings. When Baca is at work her working relationship with Padilla is fine. '''''''''''''''''''' stated that she has observed that Baca misses a lot of work as a result of '''''' '''''''''''' '''''''' '''''''''''''''''''''' '''' ''' '''''''' ''''''''''''''''''''


'''''''''''''''''''' does not enough about the leave usage of Jo Ann Baca, ''''''''''''' ''''''''''''''''''' '''''''''''''''' ''''''''''''''''''' ''''' ''''''''''''''''''' '''''''''''''''' to comment on Baca’s allegation that their leave usage has been more excessive and they have not been disciplined as she was. She did not know she was written up but is aware that she missed a lot. She does not know if the others have been written up because that is not her place to know. ''''''''''''''' ''''''''''''''''' was injured ''''''''' '''''''' '''''''' '''''''''. She doesn’t know if she was written up. She doesn’t have specific knowledge about ''''''''''''''''' '''''''''''''''''''''' attendance.

'''''''''''''''''''''' opinion is that Baca’s complaint is silly and has no substance. '''''''''''''''''''''' is aware that Baca slipped and fell in the parking garage '''''''' '''''''''' '''''''' ''''''''''' and wanted to sue the county for the injury but then she found out that the parking garage is owned by the City of Albuquerque.

According to ''''''''''''''''''''', Padilla is very professional, positive, and fair with his employees. Baca’s career progression with BC has been rather fast, and Padilla is the person who has moved her through the ranks. ''''''''''''''''''''' has never heard Padilla make any sexually inappropriate comments; and has never heard him call any employee, “estupida” or any type of inappropriate comments. She is very happy with the way that Padilla has treated her during her career. ''''''''''''''''''' worked for Padilla as ''''''''''''''''''''''''''''''''''' '''''''''''''''''' in 2007 for approximately one month before she was promoted to a position in the purchasing department. ''''''''''''''''''''' is not aware of any employee ever complaining about Padilla; or of any employees filing a formal complaint against Padilla.

''''''''''' ''''''''''''''

'''''''''''''''''''''' was hired for employment with BC on June 18, 2009. She is currently employed as '''''''''''''''''''''' '''''''''''''''''''' in the BC ''''''''''''''''''''''''''' Department and her supervisor is '''''''''''''''''''' ''''''''''''''''''.

''''''''''''''''''''' was classified as administrative assistant III assigned to Padilla when Baca was hired. Baca was hired as administrative assistant for '''''''''''''' and ''''''''''''''''''''''' was Baca’s supervisor. '''''''''''''''''''' does no She moved from being Padilla’s his asst. to be asst. manager.

'''''''''''''''''''''' stated Padilla meets with all new employees to give them an orientation about his management style. He tells you right from the beginning what he expects. He tells you he is demanding and can be difficult but that this is the way he manages. When he needs something, he needs it right then. He may raise his voice and he likes to joke around a lot. He tells his employees that if he ever offends anyone to let him know and he will apologize and he will immediately stop. He cautions all new employees that if they are not used to something like this, this is not the job for them.

'''''''''''''''''''''' sat in on Padilla’s initial orientation meeting with Baca. During the meeting, Baca was quick to tell Padilla that she is very thick skinned, and that if anything bothered her, she will let him know. '''''''''''''''''''' indicated that there were a lot of issues that she was uncomfortable with when she was Baca’s supervisor. '''''''''''''''''''''''' had nightmares about Baca. '''''''''''''''''''''' described Baca as “truly a very deceiving, conniving, and manipulative person”. ''''''''''''''''''''' was not pleased with Baca’s job performance because she had to continuously remind her to complete her job duties. Baca told '''''''''''''''''''''' that she wasn’t hired to make coffee or just answer phones. After awhile, Baca wouldn’t make the coffee or do the mail.

'''''''''''''''''''' was not happy with the fact that Baca fabricated made false reports to Padilla about her. Baca told Padilla that she was rude and abusive to Baca, and that she threw tantrums. '''''''''''''''''''''''' considered Baca’s work attire was not appropriate for work especially since there were many male employees. Baca also engaged in appropriate discussions at work; and made remarks '''''''' '''''''''''''''''''''''''''' was uncomfortable with. ''''''''''''''''''''' overheard Baca engaging in telephone conversations with men that were inappropriate. There were no boundaries and Baca made a lot of leading comments about sexual acts. Baca was always appropriate when she was around Padilla.


''''''''''''''''''''' described Baca’s attendance as terrible; before and after her medical issues. Baca was always late to work and left early. '''''''''''''''''''' counseled with Baca about her attendance issues but eventually turned the problem over to Padilla for handling. There were times when Baca would take time off and wouldn’t tell her. Baca was supposed to go to '''''''''''''''''''''' for approval of leave but she bypassed her and went to ''''''''''''''''''' or '''''''''''''' to approve the leave requests. This was a direct snub to ''''''''''''''''''''' as she was Baca’s supervisor.

Baca abused her leave privileges every chance she got and thought that certain rules didn’t apply to her. '''''''''''''''''''''' had no knowledge that Baca was placed on corrective action due to her attendance.

According to ''''''''''''''''''''''', she has not heard Padilla make any type of sexually inappropriate comments at work. She has never heard him use the term stupida to anyone. Padilla does have nicknames for some employees. Padilla likes to joke around. He calls her flaca and grenuda but this is a joke between them and there is no offense taken. No one every complained to '''''''''''''''''''''' about being offended by any comment from Padilla. '''''''''''''''''''' has enjoyed a very good working relationship with Padilla and is thankful to him for giving her a lot of opportunities to progress.

'''''''''''''''''''''''' stated very emphatically that Baca’s allegations are not true. '''''''''''''''''''''' believes that if anyone is creating a hostile work environment it’s Baca. ''''''''''''''''''''''' caught Baca in several lies, and when she approached her, Baca would have an attitude. Baca would lie to Padilla and tell him that '''''''''''''''''''' has not been at her desk. There were times when important mail was missing and Baca would claim she had no idea where the item was. ''''''''''''''''''''' would find the missing item beneath piles of mail on Baca’s desk. '''''''''''''''''''' stated that Baca’s allegation that she could not take restroom breaks is false. There is always an assistant around to cover for restroom breaks. If the assistant wasn’t available, the employee could ask '''''''' ''''''''''''''''''''''''' to cover.

'''''''''''''''''''''' did not attend end of summer parties thrown by Padilla and he did not harass her about it. '''''''''''''''''''' stated that Padilla is no angel but in her opinion, Baca’s allegations against him are untrue.

Telephone Interviews (Exhibit D)

'''''''' ''''''''

'''''''''''' was appointed to serve on the '''''''''''''''''''''''' '''''''''''''''''''''''''' as a '''''''''''''''' ''''''''''''''' by Patrick Padilla.

'''''''''''' was contacted by telephone as he is not a BC employee. '''''''''''' did not recall commenting to Baca at the 10.27. 11 BC Investment Committee Meeting, “Why is he so mean to you”?

'''''''''''' stated that Baca is the most professional of all the BC employees who have taken the minutes of the meetings.

''''''''''' does not feel comfortable commenting on the interface between Padilla and his staff.

''''' ''''''''''

Telephone Interview held with ''''''''' '''''''''''''''' on November 29, 2011'''''''' ''''''''''''''''''''''


'''''''''''''' has been employed with BC TD since October 1999. He is employed as ''''''''''''''''''' '''''''''''''''''' ''''''''''''''''''' in the '''''''''''''''' '''''''''''''''''''''' department.

'''''''''''''' knows Jo Ann Baca as an employee in the BC TD but has never worked side by side with her and has no direct knowledge of her employment or her working relationship with Padilla. Because of this, he cannot respond to her allegations of discrimination, harassment, retaliation by Padilla.

''''''''''''''' stated that Padilla’s management style is to joke around with his employees. '''''''''''''' and Padilla have a good working relationship and there is a lot of joking around between the two. ''''''''''''' doesn’t take offense when Padilla jokes around with him about the fact that ''''''''''''''' is Native American. '''''''''''''''' stated that Padilla tries to mimic a Native American accent but he does not take offense to this, and stated that coming from Padilla, it’s funny. ''''''''''''''' stated there is a point where jokes stop and Padilla has never crossed that line with him.

'''''''''''''' has never heard Padilla talk down to any employee, or belittle any employee. ''''''''''''' has never heard Padilla make sexually inappropriate comments.

''''''''''''''' stated that Padilla has made positive changes to the BC TD. ''''''''''''' stated that Padilla is great to work for and he doesn’t have anything negative to say about him.

''''''''' '''''''''''''

Telephone Interview'''''''''''''''' worked as '''''''' ''''' ''''''' Patrick Padilla in the BC TD from '''''''''''''''''''''''''' ''''''''''' ''''' ''''''''''''''''' ''''''''''' when she transferred to another BC department.

''''''''''''''''''' described Padilla as a demanding person to work for. Padilla had high expectations and was critical about how she handled his travel and hotel accommodations. At times ''''''''''''''''' felt on edge and stressed out because of his expectations. '''''''''''''''' was expected to serve him coffee every morning and she had to make sure the coffee was hot. If there was an office luncheon, Padilla would expect her to go to another restaurant to get him something else to eat if he didn’t like the food fare at the office luncheon. Padilla’s had high expectations about the job duties of an AO III. ''''''''''''''''''' refused to cater to him.

'''''''''''''''''''' stated that Padilla has a weird sense of humor. He insults people but with carino (affection). Padilla will make wisecracks and everyone laughs because Padilla is the boss. ''''''''''''''''''' doesn’t think Padilla has the social skills to manage his department any differently.

''''''''''''''''' has no knowledge regarding Jo Ann Baca’s employment at BC.

'''''' ''''''''''''''''''''

Efforts to contact ''''''''''''''''''''''''''''' by telephone were unsuccessful.

'''''''' '''''''''''''''''''''' '''''''''''''''''''''' ''''''''''''''''''''''

'''''''''''''' was interviewed by telephone on November 10, 2011. '''''''''''''''' is the '''''''' '''''''''''''''''''' ' '''''''''''''''''' ''''''''''''''''' for BC. '''''''''''''' supports the BC Treasurer’s Department. Recently, ''''''''''''''' was requested by P. Padilla, BC Treasurer, through the IT department to create a local account for the Treasurer’s department.


Once she created it she was asked to leave. '''''''''''''' told Padilla that she didn’t have the authority to give access to Baca’s home drive to Padilla. Padilla was given access by ''''''''''''''''' to Jo Ann Baca’s temporary internet files. ''''''''''''''' is not sure what Padilla was looking for.

''''''''''''''' stated she has no knowledge or information regarding Jo Ann Baca or her working relationship with Padilla. Thus, she cannot comment on Baca’s allegation of discrimination, harassment, retaliation by Padilla.

''''''''''' ''''''''''''

A telephone Interview with '''''''''''''''' '''''''''''''''' held on November 3, 2011.

'''''''''''''''' is employed by the BC HRD as '''''''' '''''''' '''''''''''''''''''' ''''''''''''''''''''

''''''''''''''''' has no information regarding Baca’s allegation that he made a statement about Patrick Padilla at a BC HRD Orientation session that Baca attended. '''''''''''''''' speculated that Baca has him confused with someone else.

''''''''''''''''' became acquainted with Jo Ann Baca in approx. September or October 20101 when she went to him for assistance regarding her request for FMLA leave. Baca went to ''''''''''''''''''' for help because the BC Treasurer Department refused to sign her FMLA paperwork. '''''''''''''''''' processed Baca’s request for FMLA after the BC HRD '''''''''''''''''' authorized him to process the paperwork without a signature from BC TD (Padilla).


IV. INVESTIGATIVE FINDINGS

1. BC has a Sexual Harassment Policy in place which was modified in November 2010; and an Anti-Harassment Policy which was modified in January 2011. All newly hired employees receive a copy of the Policy at the new employee orientation. Exhibit G

Excerpts from the BC Anti-Harassment policy state:

“It is the policy of the County of Bernalillo to provide a work environment free from discriminatory harassment. County employees are expected to adhere to a standard of conduct that is respectful and courteous to other employees. The County has zero tolerance for any form of discriminatory harassment”.

Behavior and Obligations of all Persons - Page 4- Paragraph 7, of the BC Anti-Harassment policy states: “In order to provide a productive and pleasant working environment, all employees and “elected officials” must act with courtesy, sensitivity, and respect toward each other, applicants, and independent contractors.”

2. '''''''''''''''''''''' ''''''''''''''''''''' ''''''''''' ''''''' ''''''''' '''''''' ''''''' ''''''' ''''''' '''''''''''''' '''''''''''''''''''''''''''''''''''''' '''''''''''''' ''''''''' ''''''''''''''''' '''''''''''''''''' ''''''' ''''''' ''''''''''''''''''' '''''' '''''''''' ''''''' ''''' ''''''' ''''''''''' '''''''''''''''' '''''''' ''''' '''''''''''''' '''''' '''''''''''''''''''''''

3. Complainant’s Allegations: Exhibits A, B, C, T

a. Physical Harassment and Visual Harassment The evidence does not support this allegation

b. Verbal Harassment and Environmental Harassment Witness testimony from Confidential Witness A, Confidential Witness B, Confidential

Witness C, and Confidential Witness D confirmed that Padilla has made inappropriate, unprofessional comments in the workplace. This evidence supports Baca’s allegation.

c. Medical Discrimination Baca was reasonably accommodated during the time she was on FMLA due to a '''''''''''' ''''''''

'''''''''' '''''''''''''' To date, Baca has not formally notified BC that she has a serious medical condition or disability which requires reasonable accommodation or time off from work.

d. Sick Leave Corrective Action Notice The evidence does not support this allegation. On September 6, 2011, Baca was placed on

sick leave corrective action notice due to excessive absences from work. Review of attendance records show that during the period February-September 2011, Baca used '''''''''' hours of sick leave, '''''''''' hours of administrative leave, ''''''''''''''' hours of annual leave, '''''''''''''''' hours of leave without pay, and (16) hours of Personal Holiday, and ''''''''' hours of FMLA Leave Without Pay, ''''''''''' FMLA Sick, and ''''''''''''' FMLA Vacation.

During the period February-September 2011, '''''''''''''''''''''''''' '''''''''''''''''''' ''''' used '''''''''''''''' hours of sick leave, '''''''''''''''''' hours of Leave without Pay. ''''''''''''''''''' '''''''''''''''''' used '''''''''''''''' hours of sick leave, ''''''''''''''''' hours of Leave without Pay. ''''''''''''''' ''''''''''''''' used '''''''''''''''''' hours of sick leave, and ''''''' hours of Leave without Pay.

e. Denial of Restroom Breaks The preponderance of evidence revealed that there is always coverage available for Baca to

take smoke breaks and restroom breaks when needed.


f. Inappropriate Comments There was no evidence to support that Padilla stated to Baca, “You have to give something to

get something”.

g. Stúpida Comment Witness testimony from Confidential Witness A, Confidential Witness C, and Confidential

Witness D confirmed that Padilla refers to Baca or other employees as “stupida”. There was no evidence that Padilla told Baca “you look like shit”; however, Confidential Witness D testified that Padilla has made similar remarks to her.

There was no evidence to support this allegation.

h. Harassment from Padilla for not attending his end of summer party Witness testimony from Confidential Witness D supports that Padilla harassed Baca for not

attending his end of summer party; however, Confidential Witness D stated that he made similar comments to other employees who did not attend the party.

i. There was no evidence to support that Padilla harasses Baca about who she dates.

j. Cancellation of Baca’s registration for the Treasurer’s Affiliate Conference The evidence supports Padilla’s position that Baca was not permitted to attend the conference

because she was needed in the office. Moreover, the evidence shows that Baca had previously attended other conferences, and other employees have not been permitted to attend conferences due to the demands of the departments. There was no evidence of discrimination, harassment, or retaliation.

k. Denied access to the bank Padilla testified that Baca is denied access to the bank because he suspects that she

deliberately labeled a box to be shredded which contained the minutes of a very important Investment committee meeting. It is unknown if Mr. Padilla’s suspicions were proven to be true. (Baca notified Investigator that she was transferred out of BC TD).

l. Retaliation There is not sufficient evidence to support Baca’s allegation that Padilla retaliated against

her; and that he retaliates against any employee who reports.

m. National Origin There is no evidence to support Baca’s allegation that Padilla discriminated against her on the

basis of national origin, Hispanic. Both Baca and Padilla are Hispanic.

n. Age discrimination There is no evidence to support Baca’s allegation that Padilla discriminated against her on the

basis of age. Padilla does not have information about ''''''''''''''''''''' leave as she reports to '''''''''''''''' '''' ''''''''''''''''''''

4. The evidence supports Padilla’s decision to transfer Baca to Accounting during her period of FMLA leave. Padilla required a full-time AO III to fulfill the administrative tasks of his position. Therefore, Padilla had justified business related reasons for the transfer. Baca was transferred back to Administration when her FMLA leave ended, and two weeks later was moved back to the AO III position and reported directly to Padilla. There was insufficient evidence that the decision to transfer Baca was motivated by discrimination, harassment, or retaliation. Exhibits A, B, C, J, T

5. The evidence shows that Padilla had a justified business related, reason for the transfer of Baca from Administration to Accounting to perform the duties of Investment Banking Officer on a full-time basis. Padilla’s decision to relieve Baca of her AO III responsibilities was based on Baca’s attendance issues, and Padilla’s need for a reliable full-time AO III to fulfill the administrative tasks of his position as BC


Treasurer. There was insufficient evidence that the decision to transfer Baca was motivated by discrimination, harassment, or retaliation. Exhibits A, B, C, J, T

6. During the investigation, a total of twenty-one (21) witnesses were interviewed. Sixteen (16) of the twenty-one (21) witnesses interviewed did NOT support Baca’s allegations of discrimination, harassment, or retaliation by Padilla. Five (5) of the witnesses testified that Padilla’s conduct in the workplace is inappropriate and unprofessional. ''''''''''''''''''' ''''''' ''''''''''''''' testified that Padilla will often mimic a Native American accent when Padilla converses with ''''''''''''''. '''''''''''''' is not offended by this because it is part of the way they joke around with each other. Exhibit T

7. A review of Baca’s salary history during her period of employment with the BC TD indicates that in August 2008 she was hired at a rate of $ 10.58 per hour. Baca is currently earning $20.74 per hour. Since her hire, Baca has been consistently promoted by Mr. Patrick Padilla. Effective June 18, 2011, Baca was promoted to Investment Banking Officer. Exhibits N, O

8. Evidence acquired during the investigation shows that on July 21, 2009, wrote a letter of commendation for Jo Ann Baca wherein he recommended to '''''''''''''''' '''''''''''''', BC HRD, that Jo Ann Baca be granted a Step 6, Grade B, for the AO III position. On May 12, 2011, Patrick Padilla wrote a second letter of commendation recommending that she received a Step 5, Grade D, for the Investment Banking Officer position. Exhibit A 9. Evidence produced during the investigation indicates that in October 2011, BC HRD ''''''''''''''''''' ''''''''''''''''''' attempted to resolve the issues stated in Baca’s complaint. Baca was offered an opportunity to transfer to positions outside of the BC TD and she declined. Exhibit L

10. Testimonial evidence from Padilla revealed that has an informal practice of allowing a select group of employees, (including Jo Ann Baca) who are permitted to leave work and are not required to submit a leave slip. This practice is contrary to and inconsistent with the established BC Leave Policy. Exhibit M

11. The evidence supports Padilla’s contention that on September 6, 2011, he had just cause to place Baca on a (90) day Sick Leave Corrective Action Notice due to excessive use of sick leave. The leave records for Baca support Padilla’s contention that Baca had shown a pattern of extending weekends by calling in sick. (Although Baca presents that she has a serious medical condition, there was no evidence that she has put BC on formal notice of a need for reasonable accommodation). In addition, From February 20 2011 to September 2011, Baca had ''''''''''''''''' hours of leave without pay as she did not have sufficient leave to cover her absences. The Sick Leave Corrective Action Notice issued to Baca is not formal disciplinary action and will not be placed in Ms. Baca’s official personnel file. Review of 2011 Leave Records for '''''' ''''''''''''''''' and '''' ''''''''''''''' indicate that they have also had leave without pay because they did not have sufficient leave to cover absences from work. Although the evidence indicates ''''' ''''''''''''''''', ''' '''''''''''''''', and '''''' '''''''''''''''' are supervised by Padilla’s deputies and Padilla did not have specific information about their leave, it is suggested that there should be consistent application of BC Leave policies within the BC TD.Exhibits A, I, J, T

12. Information furnished by '''' ''''''''''''''''', BC TD ''''''''''''''''', indicated that Jo Ann Baca is the only employee in the BC TD who has been placed on Sick Leave Corrective Action Notice. Exhibit Q

13. Efforts were extended by this Investigator to obtain evidence from BC HRD regarding other complaints filed against Patrick Padilla. The information provided revealed that in November 2010, ''''''''''''''' ''''''''''''''''''''''' complained about “fat” comments, and a comment from Padilla to ''''''''''''''''''''''''''''''


husband that “Halloween is over, take the uniform off”. In addition, from July 2010-November 2010 there were three (3) anonymous complaints that Padilla and '''''''''''''''' are mean, malicious, bullies, belittling, degrading, and humiliating to people. They laugh it off and seem to get pleasure from it. The complaints were addressed by ''''''''''''''''' '''''''''''''''''' '''''''' '''''''''''''''''''' '''''' Human Resources. (Note: The documentation pertaining to these complaints and others could not be located). Exhibit P


V. ANALYSIS EXHIBITS G, H

QUESTION OF COVERAGE:

The BC Anti-Harassment Policy clearly establishes that all BC elected officials are covered. The BC Anti-Harassment policy states the actions of elected officials are covered by this policy. In addition, Page 4, paragraph (7) & (8) of this policy states “in order to provide a productive and pleasant working environment, all employees and elected official must act with courtesy, sensitivity, and respect toward each other, applicants, and independent contractor.”

The BC Sexual Harassment policy does not indicate if an elected official is covered by this policy. The BC Workplace Policy does not indicate if an elected official is covered by this policy.

The BC Sexual Harassment Policy and the BC Workplace Violence Policy state that acts of harassment, and sexual harassment are covered by both policies but neither policy addresses whether or not elected officials are covered, and do not provide any guidance about the handling of complaints filed against elected officials.

BC ANTI-HARASSMENT POLICY

1. Allegation of Verbal Harassment

Verbal Harassment is defined as inappropriate of offensive remark, slurs, jokes, or innuendoes based on actual or perceived sex, race, color, religious creed, national origin, ancestry, disability, medical condition, marital status, age, sexual orientation or political opinions or affiliations. This may include but is not limited to inappropriate comments regarding and individual’s body, physical appearance, attire, sexual prowess, marital status, pregnancy or sexual orientation; unwelcome flirting or propositions, demands for sexual favors; verbal abuse, threats, or intimidation of a sexual or racial nature, or sexist, patronizing or ridiculing statements that convey derogatory attitudes about a particular gender, race, or national origin or other conduct protected by this policy.

''''''''''''''''''''''' ''''''''''' ''''''''''''''''' '''''''''''''''''''' '''''''''''''''''' ''''''''' '''''''''''''''' '''''''''''''''''''' '''''''' '''''''' ''''''''''''''''''''''''''''''''''' ''''''''''''' ''''''''' ''''''''''''''' ''' ''''''''''''''' '''''''''' '''''''''''''''''''''''''''' ''''''' '''''''''''''''''''''''''''' ''''' '''''''''' ''''''''''''' '''''''''''''''''''''''''''''' ''''''''''''''''''' '''' '''''''' ''''''''''''''''''''''''' ''''''''''''''''''' '''''' Confidential Witness D, Confidential Witness B, Confidential Witness E testified that Padilla has made inappropriate, derogatory statements to female BC TD employees. Confidential Witness E and BC TD employee, '''''''' ''''''''''''' stated that Padilla mimics Native American accents (but he does not find this offensive). Exhibit B

2. BC Workplace Violence Policy There is no evidence to support a violation of this policy Exhibit J

3. Allegation of Sexual Harassment There is evidence that Padilla has engaged in occasional sexual joking in the workplace but

''''''''''''''''''' ''''''''''''''''''''' '''''''''' ''''''' ''''''''' ''''' ''''''' '''''''''' ''''' ''''''''''''''''''''''''''''''' ''''' ''' ''''''''''''''' '''''''''''' '''''''''''''''''''''''''''''

NOTE: '''''''''''''''''''' '''''''''''' '''' ''''' ''''''''''''''''''''''' ''''''''''''''''' ''''''''''''' ''''''''''' ''''''''' ''''''''''''' '''''''''''''' ''''''''''''''''''''''''''''' ''''' ''''''''''' '''''''''''''''''''''' ''''''''''''''''''' ''''' ''' ''''''''''''''''' ''''''''''''''''''''' ''''' ''''''''''''''''' '''''''''''' ''''''''' ''''''' ''''''''''' ''''''''''''''''' '''''''''''''''''' '''''''''''''''' '''''''''''


VI. SUMMARY EXHIBITS A-T

On October 6, 2011, Complainant Ms. Jo Ann Baca filed a complaint against Respondent Bernalillo County Treasurer, Mr. Patrick Padilla. BC HRD employees met with Ms. Baca on October 13, 2011 regarding the complaint. On October 26, 2011 BC HRD hired an independent Investigator, Rita Montoya, with Strategic Solutions, to investigate the complaint.

Complainant Ms. Jo Ann Baca has been employed by BC TD since August 18, 2008. Ms. Baca worked directly for Mr. Patrick Padilla in Administration from August 18, 2008 to August 2010, and from January 2011 to September 8, 2011. On September 8, 2011 Ms. Baca was transferred to Investment Banking Officer in the Accounting department and reports directly to '''''''' ''''''''''''''' ''''''''''''''''''.

Ms. Baca was hired on August 18, 2008 at an hourly rate of $10.58 per hour. Ms. Baca currently earns $20.74 per hour. Since her hire, Ms. Baca has been consistently promoted within the BC TD by Mr. Patrick Padilla. Ms. Baca was promoted to Investment Banking Officer effective June 18, 2011.

Respondent, Mr. Patrick Padilla, is an elected official and has served as Bernalillo County Treasurer since January 2009. There are approx. thirty-five (35) employees in the BC TD.

EEOC Directives Transmittal, Number 915.003, of the EEOC Compliance Manual, Section 2, Threshold Issues: (5) Coverage of Elected Officials states, ''''''''''''''''''''' ''''''''''''''''''' ''''''' ''''''''''''''''''''''''''' ''''''''''''''''''''' '''''''''' ''''''''''''''''''''' ''''''''''''' ''''''''''' ''''''''''' However, the BC Anti-Harassment policy states the actions of elected officials are covered by this policy. In addition, Page 4, paragraph (7) & (8) of this policy states “in order to provide a productive and pleasant working environment, all employees and elected officials must act with courtesy, sensitivity, and respect toward each other, applicants, and independent contractors. Most of the witnesses interviewed during this investigation are loyal to Mr. Padilla and testified that they are not offended by his joking manner and management style. However, testimonial evidence from credible witnesses supports Ms. Baca’s allegation that Mr. Padilla engages in '''''''''''''' offensive verbal harassment, belittling of employees and occasional sexual joking and banter in the workplace.

'''''''''''''''''''''' '''''''' ''''''''''''''''''' ''''''''''''''' ''''''''' '''''''' '''''''''''''''''''' ''''''''''''''''''''''''''''''''' ''''''''''''''''''' ''''''''''''''''''' '''''' ''''''''''''''''''''''''' ''''''''''' '''''''' '''''''''''''''''''' ''''''''''''''''''''' '''' ''''''''''''''''''''''''' ''''' ''' ''''''' ''''''''''''''''''''' ''''''''' '''''' '''''''''''''' '''''''''''''''''' ''''''''' '''' ''''''''''' ''''' ''' ''''''''''''''' '''''''''''''''''' ''''' ''''''''''''''''''

'''''''' ''''''''''''''''''' '''''''''''''''''''' ''''''''''''''''''''' '''''''''''''''''''''''''' '''''''''' '''''' '''''''''''''''''''''''''' '''' '''''''''''' ''''' '''''''' ''''''''' ''''''''''''' '''' ''''''''''' '''''''' ''''''''''' '''''' ''' '''''''''' ''''''''' '''''''''' '''''''''''' '''''''''''''''''''''''' ''''''''''''''''' '''''''''''''''' '''''''' ''''' ''''''''''''''''''''' '''''''' ''''' ''''''''' ''''''''''''' Ms. Baca '''''''''''''''''''''' used one (1) hour of sick leave on August 31, 2011 after Mr. Padilla refused to allow her to leave work early to go purchase a vehicle. Ms. Baca called in sick on September 1, 2011 (after telling '''' ''''''''''''''''' that she was going to call in sick the next day) and again on September 6, 2011. (Ms. Baca was previously approved for a personal holiday on September 2, 2011). On September 7, 2011, Ms. Baca submitted a doctor’s excuse for return to work on September 7, 2011 due to '''''''''''''''''''' '''''''''''''''''''''. There was no evidence produced which shows that Ms. Baca has notified BC that ''''''''''''''''''' '''''''''''''''''''''' '''' ''' ''''''''''''''''' ''''''''''''''''''' '''''''''''''''''''''' which requires reasonable accommodation. The Sick Leave Corrective Action Notice is not formal disciplinary action, and will not be placed in Ms. Baca’s official personnel file. Moreover, the evidence indicates ''''' '''''''''''''''', '''' ''''''''''''''''', and '''''' ''''''''''''''' are supervised by Padilla’s ''''''''''''''''' and Padilla did not have specific information about their leave and was not in the chain of command to discipline them for abuse of sick leave if needed.


Witness testimony supports that Mr. Padilla refused to approve Ms. Baca’s request for FMLA. The request for FMLA was processed by the BC HRD without Mr. Padilla’s signature.

Evidence acquired during the investigation indicates that in October 2011, ''''''''' '''''''''''''''''' ''''''''''''''' '''''''''''''''''''' ''''' ''''''''''''''''' ''''''''''''''''''''''''' BC HRD attempted to resolve the issues stated in Ms. Baca’s complaint. Ms. Baca was offered an opportunity to transfer to two (2) different positions outside of the BC TD. On October 20, 2011, Ms. Baca declined the offer stating that she had decided to stay in the Investment Banking Officer position in the BC TD.

Mr. Padilla admitted that he has permitted certain BC TD employees, (including Ms. Baca), to leave work and does not require submission of a leave request. ''''''''''' '''''''''''''''''' ''''''''''''''''' '''' ''''''''''''''' ''''''' '''''''''''''''''' '''''''''''' ''''' ''''''' ''''''' '''''''''''''' ''''''''''''''' '''''''''''''' '''''''''''''' ''''' ''''''''''''''''' '''''' '''''''''''''' ''''''''''''' '''''''''''' '''''' '''''''''''''''''''''' '''''' '''''''' '''''''''''''''''''''' ''''' ''''''''''' ''''''''''' ''''''''''''''''' ''''''''''' '''''''''''' '''' '''''''' ''''''''''''''''''' '''''''''''''''' '''''''''''''''''

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Baca Padilla Final

Documents

requires reasonable

investment

native american

pleasant working

jo ann baca

treasurers

bc eeo policy

minute smoke