For the second time this month, Valencia County finds itself on the receiving end of a discrimination complaint to the Equal Employment Opportunity Commission.
Charles Eaton County Fire Chief
This time the complaint makes charges of discrimination based on disability and age. It was filed by County Fire Chief Charles D. Eaton on Dec. 13.
The first EEOC compliant filed earlier this month, alleged that a county department head was heard making a racial slur about another employee at a county function.
In the most recent complaint, Eaton writes that he has also been discriminated against in retaliation for complaining about alleged discrimination based on a disability. Eaton writes that he was discriminated against because of the removal of his direct supervisor, County Manager Eric Zamora, and placement under another supervisor, Emergency Management Coordinator Glenda Chavez.
“This position was created and at the time (of) the job announcement did not disclose that the fire department chief would be under her control,” Eaton’s complaint says. “I was not given any warning that the county manager was considering this move until the day (Chavez) reported to work.”
Eaton says Chavez emailed him to set up a meeting to discuss a grant application in late July, shortly after she was hired.
“I walked into that meeting, on Aug. 1 expecting to talk about the grant,” Eaton said. “Instead, she told me she was now my immediate supervisor and was to report to her.
“I told her I disagreed with this and would take it up with human resources.
“It was a slap in the face. If anyone had an issue with my performance, why didn’t they inform me?,” he said. “I told her it was no disrespect to her. She was just carrying someone else’s agenda. But I was going to challenge the action.”
While Eaton says he was unaware that the emergency management coordinator would be his supervisor, County Manager Eric Zamora says Eaton was well aware of the situation.
“When the job description was put together, I reviewed it and marked it up in red pen,” Zamora said. “I made very specific changes to indicate that the position was supervisory. For whatever reason, those changes were not incorporated before it was published.”
Zamora said the position was also discussed during budget hearings earlier this year with the county commission.
“He was well aware, that in his chain of command, that position would be his supervisor,” the manager said.
The decision to create the position was partially in response to 9-11, Zamora said.
“After the attack, nearly a dozen agencies were involved in the response — from the FBI to Port Authority — and there was no clear line of communication,” he said. “In proposing this structure, you have the planning element, the supervisor who is charged with creating the plan. She also serves as a liaison to the sheriff’s department, which is incorporated under public safety.
“The person in charge of the plan heads the administrative chain of command and the fire departments and emergency medical services are able to carry out the plan.”
The job description that was posted at the county administrative offices and published lists 18 different duties and responsibilities of the coordinator. It refers to the fire chief twice and, in both instances, it is written that the position will “assist” the chief.
After his meeting with Chavez, Eaton said he sought out then Human Resources Director Jacque Chavira for clarification as to whether Chavez was indeed his supervisor.
Unable to locate Chavira, Eaton said he sent an email asking the same question to Zamora, which, the chief said, went unanswered.
“The next day, I contacted Jacque and asked her if she was informed that there was a change in supervisors. She said ‘no,’” Eaton said.
He said the day he met with Chavez, she asked Chavira for his personnel file, but was denied because she was not his supervisor.
On Aug. 1, Chavez sent an email to Zamora saying that Chavira was unaware that she was now Eaton’s supervisor and asking if there was “anything in writing that supports this information?”
Zamora responded that the budget shows that you (Chavez) are the department director over fire/ems.”
The 2011 budget shows a vacant “public safety director” position under the emergency services division salary schedule. It then lists Eaton as fire chief, Casey Davis as fire inspector and Monica Garcia as administrative assistant.
Eaton says Chavez was advised of his disability and that he would be protesting the supervisor “move.”
“My condition was compromised by this move and I was forced into taking FMLA (Family and Medical Leave Act),” Eaton wrote in his complaint.
The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.
Eaton’s compliant says that on Oct. 25, he again disclosed his disability to the county manager, requested an accommodation and was denied.
“Instead, the county manager retaliated against me and asked if it was safe for me to drive my (county owned) unit home,” he wrote in the complaint. “There has been no interaction by human resources or the county manager with the request for accommodation I had requested. My unit was taken away. I again became ill with my condition and took FMLA.”
Eaton said he felt singled out when his unit was taken from him.
“I know there are other employees with health issues, who have had medical episodes here at the county building, who are driving county vehicles,” Eaton said. “If my doctor thought I shouldn’t be driving, he would have said so. And I am clear minded enough that if I thought I should not be driving, I would stop.”
The complaint goes on to say that Eaton became very frustrated with the way he was being treated, which impacted his disability.
“I felt threatened that the county manager was attempting to force me into retiring and/or removing me from my position of fire chief,” Eaton wrote. “I noticed that there were several employees who I believe were forced into retirement.”
Of that assertion, Zamora said, “I would absolutely say that is not the truth. It has never been the intent to make anybody feel unwanted, especially when they are performing. It basically comes down to the chief doesn’t want a supervisor. We thought this was an opportunity for the chief to step up. We thought he would apply (for the position), but he didn’t.”
Eaton said he also felt singled out under the new administrative structure. The chief said Chavez asked him for a laundry list of information, including a five-year plan, a list of people who had completed a national certification on radio use and to review all grants before they were sent out.
When Eaton took leave under the FMLA, Valencia County Deputy Chief Brian Culp stepped in as acting chief.
“He said he has limited interaction with her,” Eaton said. “Twice, I tried to go back to work four hours a day. As soon as I was there, I was called into (Chavez’s) office. It seems like she’s there just to supervise me.”
Eaton is still currently on leave.
When Zamora was asked if he, as Eaton’s supervisor, was dissatisfied with the chief’s performance, Zamora said, “No, not at all. In fact, I have been very complimentary.”
A sentiment Eaton agrees with.
“Since 2009, I have gotten nothing but positive reviews from Mr. Zamora,” he said.
Eaton’s last three annual evaluations show scores of 3 and 4, meaning he exceeds or meets expectations in areas such as work quality, organizational interactions and communication skills.
However, there was one small note in this year’s evaluation that Eaton questioned. In the supervisor’s comments, it was written that he should “limit ‘distractions.’”
When he asked for an explanation, Eaton said the county manager responded that while he had no doubt (Eaton) could do the job, he wasn’t a team player.
“I’m not sure what that means. Am I too vocal? I stand up for what I think my department needs. When you have an organization that supports the public needs, and those needs aren’t being met, when I have a voice, I will make my voice heard. I’m not going to stand silent,” Eaton said.
The chief said it’s also no secret that he has been publicly critical of county commissioner’s decision to move ahead with finding funds to build a new county administration building even after a public referendum asking for a bond was soundly defeated at the polls last year.
“If they can find so much unencumbered revenue, why not help public safety,” Eaton asked. “I think what happened is that someone decided there was a person high in the administrative ranks who was out of control and they needed to muzzle me. I think if I had done what the county wanted, I would have no problem.”
Zamora said Eaton’s description of the “distractions” were “absolutely incorrect. I was very specific when I clarified what I meant.”
Zamora declined to state exactly what he told Eaton during the evaluation.
On the matter of Eaton’s request for a disability accommodation and his unit being taken away, Zamora said he would limit his comments.
“There is a lot to be discussed in private,” he said. “This is a pending personnel matter.”
The county manager said it was his understanding that there was mediation pending on the complaint, noting that the county’s attorneys were working on the matter.
Eaton, who has hired an attorney, said he was awaiting a response from the county.
“It’s just sad. So many employees don’t fight. They just walk away,” he said. “There are rights there to protect employees.
“The games that were played politically many, many years ago are still being played,” Eaton said.
