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ETHICS BOARD
From the Desk of
Veronica W. Robinson • Executive Director
Date: April 11, 2012
Received $3.20 for 16 copies of PRB records for suspension of Christopher Liebenthal from Kyle Maichle.
\Veronica W. Robinson Kyle Maichle
Mifwaufye CountyPERSONNEL REVIEW BOARD
VERONICA W. ROBINSON • Executive Secretary
John English, Staff RepresentativeDistrict Council 48, AFSCME3427 W. St. Paul Ave.Milwaukee WI, 53208
RE: Notice of Suspension of Christopher Liebenthal,Signed by Geri Lyday, Interim Director, DHHS,Dated February 9, 2011
This is to confirm that the Milwaukee County Personnel Review Board, at its meetingheld March 8, 2011, heard the request of William Mollenhauer, Staff Representative onbehalf of John English, Staff Representative, District Council 48, AFSCME, to continuethe matter for an update report on March 22, 2011.
Mr. Delmenhorst moved, Mr. Karst seconded, and the Board, by unanimous vote (4-0)continued the matter for an update report at 9:00 a.m. on Tuesday, March 22, 2011 inthe Courthouse - Room 203-R, 901 North 9th Street, Milwaukee, Wisconsin.
Sincerely,
MILWAUKEE COUNTY PERSONNEL REVIEW BOARD
Veronica W. Robinson, Executive Secretary
cc: Atty. M. Zillig A. Garcia C. Liebenthal
COURTHOUGC, ROOM 212 901 NORTH 9™ SI Ktt I MILWAUKEE, WISCONSIN 53233 TELEPHONE (414) 278-4218 FAX (414)223-1897Board Members
CORAL D. PLEAS • PresidentDAVID A. KARST Vice President
HELEN J. DIXON • PATRICK E. DOYLE • FRED DELMENHORST
Mtikvaufye CountyPERSONNEL REVIEW BOARD
VERONICA W. ROBINSON • Executive Secretary
1
February 22, 2011
John English, Staff RepresentativeDistrict Council 48, AFSCME3427 W. St. Paul Ave.Milwaukee, WI 53208
RE: Notice of Suspension of Christopher Liebenthal,Signed by Geri Lyday, Interim Director, DHHS,Dated February 9, 2011
This was the first time this matter was before the Board. This is to confirm that theMilwaukee County Personnel Review Board, at its meeting held February 22, 2011,heard the request of William Mollenhauer, Staff Representative on behalf of JohnEnglish, Staff Representative, District Council 48, AFSCME, to continue the matter foran update report on March 8, 2011. This continuation is made with the knowledge andconsent of Christopher Liebenthal, who was present, that he waived his right to a hearingwithin 21 days, pursuant to Chapters 63.10 and 63.12, Wis. Stats., and authorized DistrictCouncil 48, AFSCME, to represent him before the Board in all matters regarding theinstant charges.
Mr. Delmenhorst moved, Mr. Doyle seconded, and the Board, by unanimous vote (5-0)continued the matter for an update report at 9:00 a.m. on Tuesday, March 8, 2011 in theCourthouse - Room 203-R, 901 North 9th Street, Milwaukee, Wisconsin.
Sincerely,
MILWAUKEE COUNTY PERSONNEL REVIEW BOARD
Veronica W. Robinson, Executive Secretary
cc: Atty. M. Zillig A. Garcia C. Liebenthal
COURTHOUSE, ROOM 212 901 NORTH 9™ STREET MILWAUKEE, WISCONSIN 53233 TELEPHONE (414) 278-4218 FAX (414) 223-1897Board Members
CORAL D. PLEAS PresidentDAVID A. KARST Vice President
HELEN J. DIXON • PATRICK E. DOYLE • FRED DELMENHORST
Mihvaufye CountyPERSONNEL REVIEW BOARD
VERONICA W.ROBINSON • Executive Secretary
John English, Staff RepresentativeDistrict Council 48, AFSCME3427 W. St. Paul Ave.Milwaukee, WI 53208
March 23, 2011
Attorney Molly ZilligPrincipal Assistant Corporation CouncilCourthouse - Room 303901 North 9th StreetMilwaukee, WI 53233
RE: Notice of Suspension of Christopher Liebenthal,Signed by Geri Lyday, Interim Director, DHHS,Dated February 9, 2011
This is to confirm that the Milwaukee County Personnel Review Board, at its meeting held March22, 2011, heard the report of Patricia Yunk, Director of Public Policy on behalf of John English,Staff Representative, District Council 48, AFSCME, that the parties had reached a writtenagreement in the matter of Christopher Liebenthal. Attorney Molly Zillig, Principal AssistantCorporation Counsel for the appointing authority, concurred.
The terms of the Written Agreement are as follows:
1. The charges are well founded.
2. The employee shall be suspended for ten (10) working days without pay.
3. The department will make a reasonable effort to schedule the suspension daysto minimize the hardship.
Mr. Karst moved, Mr. Doyle seconded, and the Board, by unanimous vote (4-0), accepted theWritten Agreement and closed this case.
Sincerely,
MILWAUKEE COUNTY PERSONNEL REVIEW BOARD
Veronica W. Robinson, Executive Secretary
cc: C. RichardsF. Bau
A. OlsonA. Garcia
M. McKnightC. Liebenthal
M. Cherry
COURTHOUSE, ROOM 212 901 NORTH 9™ STREET MILWAUKEE, WISCONSIN 53233 TELEPHONE (414) 278-4218 FAX (414)223-1897Board Members
CORAL D. PLEAS PresidentDAVID A. KARST Vice President
HELEN J. DIXON • PATRICK E. DOYLE • FRED DELMENHORST
R 152011
AGREEMENT
In resolution of the complaint brought against Christopher Liebenthal seeking a 15-day
suspension without pay, the parties agree as follows:
The employee enters into this agreement knowingly and voluntarily and has had the
opportunity to seek counsel prior to the execution of this agreement.
It is further understood that, as part of the terms of this agreement, the employee agrees to not
initiate or maintain any further action, included but not limited to submitting a formal grievance, legal or
otherwise, against Milwaukee County, with respect to the underlying fact situation or statements
contained in either the notice of suspension or this settlement agreement. It is further agreed that a
breach of these terms shall void this agreement and allow the implementation of the discipline
contemplated by the underlying notice of suspension, which are the subject of this agreement, without
further hearing required by the Personnel Review Board.
Additional terms and conditions of this agreement are as follows:
1. The charges are well founded.
2. The employee shall be suspended for ten (10) working days without pay.
3. The department will make a reasonable effort to schedule the suspension days to minimize the
hardship.
f fChristopher Liebenthal, Employee Geri Lyday, Aprrofnting Authority
D** 9/rtAT Date: B/W-*0/tI > ~~*~ ~*~
MILWAUKEE COUNTY PERSONNEL REVIEW BOARDRoom 212, Courthouse, Milwaukee, Wisconsin 53233
NOTICE OF HEARING (15 Days Suspension)(To Employee)
February 10, 2011
To: Christopher Liebenthal
You are hereby notified that as cause for your 75 Days Suspension, your
appointing authority, Geri Lyday, Interim Director, DHHS, has filed with the
Milwaukee County Civil Service Commission a complaint in writing, a copy of which is
attached hereto.
You are further notified that the Milwaukee County Personnel Review Board will
hold a hearing with respect to the suspension. The hearing will be held in the
Courthouse Room 203-R, 901 North 9th Street, Milwaukee, Wisconsin on the 22nd day
of February 2011 at 9:00 AM.
By order of the
MILWAUKEE COUNTY PERSONNEL REVIEW BOARD
VERONICA W. ROBINSON, Executive Secretary
THE COUNTY OF MILWAUKEENOTICE OF SUSPENSION
DHHS - Disabilities Services Division
(Originating Department, Commission, Board, or Institution)
Christopher Liebenthal
(Name of Suspended Employee)
To: MILWAUKEE COUNTY PERSONNEL REVIEW BOARD
DEPARTMENT OF HUMAN RESOURCES
February 9, 2011
(Date of issuance)
Courthouse Room 212-F
Courthouse Room 210
You are hereby notified that
employed in the position of.
8300
Christopher Liebenthal •I 1 00.*< *̂̂ ^^T
(Name of Suspended Employee)
Human Services Workerin the
(Ceridian ID)
Disabilities Services Division
(Title of Position)
15
(Org. Unit Number)
Recommended by
. has been suspended for day(s), to take effect on
(division, Department, Commission, or Board)
Pending Personnel Review Board
Geri L. Lyday, Interim Director, DHHS
(Name and Title of Superior Officer)
THE REASON FOR SUSPENSION: (Cite section(s) of the Civil Service Rule violated and some specificity of act oromission such as date(s), location, and description.)
See attached memorandum.
This Action has been taken in accordance with State Statutes, County General Ordinances, and the Civil Service Act andRules.
Was this employee previously suspended within the past six months: LJ Yes(the six month calculation is from the date of issuance)
If yes, complete the following:
1. The most recent suspension was issued on what date?
o No
2. Is suspended employee represented by a bargaining unit?
FORM DISTRIBUTION:Blue Copy - Suspended EmployeeWhite & Yellow - Department of Human ResourcesGreen Copy - Personnel Review BoardPink Copy - Retained by the Appointing Authority
O Yes D No
(Signature/of Appointing Authority)f
£-(Title of Appointing Authority)
MUST BE IN THE PRB OFFICE WITHIN 3 DAYS OF ISSUANCE
Wt MDEPARTMENT OF HEALTH & HUMAN SERVICES
Milwaukee CountyGeri L. Lyday, Interim Director
Date: February 9, 2011
To: Christopher Liebenthal
From: Geri L. Lyday
Re: Disciplinary Hearing Decision
On January 12, 2011, a hearing was conducted to consider the imposition of discipline for ChristopherLiebenthal, Human Services Worker in the Disabilities Services Division. Present at the hearing wereGeri L. Lyday, Interim Director, Department of Health and Human Services (DHHS) who was theHearing Officer, Mark Stein Interim Administrator, Disabilities Services Division, Araceli Garcia,Human Resources Manager, DHHS, David Eisner, DC48, Enaida Alverado, Chief Stewart, DC48 andChristopher Liebenthal.
Mark Stein presented evidence regarding violations of Civil Service Work Rule VII, Section 4, l.(I)refusing or failing to comply with departmental work rules, policies or procedures, (r) Wasting time orloitering, and (kk) Engaging in personal activities during working hours. Mr. Liebenthal used his Countycomputer for personal use and violated the above work rules.
Mr. Eisner, Mr. Liebenthal and Ms. Alvarado pointed out that Mr. Liebenthal has a clean record with noprevious discipline, expressed concerns about the length of time since the work rule violations occurredand that Mr. Liebenthal did not use his County computer to "post" information to the internet.
Having heard the evidence presented regarding this case, it is clear that Mr. Liebenthal blatantly violatedthe Use of Technology Policy over the course of a year on numerous occasions and was in violation of theabove Civil Service rules. Mr. Liebenthal acknowledged that he did use his County computer forpersonal use but that all activity has ceased.
Taking into consideration that there has been no previous disciplinary action by this employee, theHearing Officer is recommending a 15-day suspension to be effective pending the outcome of thePersonnel Review Board. The hearing officer finds this employee's actions to be in total disregard of theCounty Technology Policy which the employee signed and was clearly made aware. In addition, theactivity was prolonged over a years' time with repeated violations. The action appears to be verydeliberate. Therefore, I believe the 15-day suspension is more than warranted.
Geri L. Lyday, Interim Di/ectorDepartment of Health and
earing Officer)Services
1220 W. Vliet Street, Suite 300 ~ Milwaukee, WI 53205 Telephone (414) 289-6660 - 289-6665 ~ TTY/TTD For Hearing Impaired - Fax (414)289-8570
ssSTATE OF WISCONSINMILWAUKEE COUNTY
I hereby certify that on the _
at fe [ U3. S-k|rday of. 20 at hrs.
in the of
in said county of Milwaukee, State of Wisconsin I duly served the within:
D SUMMONS AND COMPLAINT (Small claim)
D AUTHENTICATED COPIES OF SUMMONS ANDCOMPLAINT
D SUBPOENA
D EXECUTION (Served and Unsatisfied)
D MOTION AND NOTICE OF MOTION
D AFFIDAVIT AND ORDER TO SHOW CAUSE
D NOTICE TO QUIT OR PAY RENT 5 DAYS
D SUMMONS & PETITION
of
D TEMPORARY RESTRAINING ORDER/NOTICE OFHEARING (HARASSMENT) AND PETITION FORTEMPORARY RESTRAINING ORDER AND/ORINJUNCTION (HARASSMENT)
D TEMPORARY RESTRAINING ORDER/NOTICE OFHEARING (DOMESTIC ABUSE) AND PETITION FORTEMPORARY RESTRAINING ORDER AND/ORINJUNCTION (DOMESTIC ABUSE)
D NOTICE OF HEARING - TEMPORARY RESTRAININGORDER (CHILD ABUSE) AND PETITION IN JUVENILECOURT FOR TEMPORARY RESTRAINING ORDERAND/OR INJUNCTION (CHILD ABUSE)
D INJUNCTION (HARASSMENT)
D INJUNCTION (DOMESTIC ABUSE)
D INJUNCTION (CHILD ABUSE)
( \S\ C.
On the within named defendant.
Sex DOB:
By then and there delivering to and leaving with A HP-
0 By affixing same on the front door leading to
the premises described herein, which is a conspicuous part of the premises where it may be conveniently read.
U I left with personally the sum of $ legal fees.
Q I left with the sum of $ legal fees for attendance and travel.
1 endorsed on said copy my name, official title and date of service. On authenticated copies of summons and complaint, also thetime, place, manner of service, person served.
Service
Travel
Total
1001 R12
$.
$
$
Dated
THIS IS NOT AN INVOICE
Badge#
DATE TO BE SERVED BY:.
ZONE # / PAPER TYPE: (|
DOCKET NUMBER: U-
MILWAUKEE;(?OUNTYSHERIFF'S OFFICE
50-AiPROCESS REPORT
TOTAL ATTEMPTS:.
1051 R2
DEFENDANT
/ }[AL£JJL£M£JL di'&sZ^ifrtfjf-CATTY.
ADDRESS HONE NO.
PLANTIFF NAME AND PHONE NO.
INFORMATION PERTINENT TO PAPERS, DATE, TIME, CIRCUMSTANCES OF ATTEMPTS,AND RESULTS OF SAME, SHALL BE NOTED BELOW. ALL INFORMATION ENTEREDBELOW SHALL HAVE THE SIGNATURE OF THE DEPUTY AND THEIR BADGE NUMBER.
DAT TIME
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