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Duvall v Wadoc Wapab Appeal Reduction in Pay Altered Medical Certificate 1995

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2818 C.l'piIQI~I~d.

STATE OF WASHINGTON

PO 110'\ ';0911

PERSONNEL APPEALS BOARD

QI"mpi.:a. WA 9650';·0911

(360) 586-'';8\
FAX (J60) 75)·0139

June 24, 1996

Michael South
Washington Public Employees Association
401 W. Main Suite B
Walla Walla, WA 99362
RE:

Tina Duvall v. Department of Corrections, Reduction in Salary Appeal,
Case No. RED-95-0063

Dear Mr. South:
Enclosed is a copy of the order of the Personnel Appeals Board in the above-referenced maner.
The order was entered by the Board on June 24, 1996.

Q::t~~~~y~
Kenneth J. Latsr!h

,)

Executive Secretary
KJL:tmp

Enclosure
cc:

Tina Duvall
Geoff Boodell, AAG
Jennie Adkins, PO

.•.:
.,..........
-..~~
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1
2

3

BEFORE THE PERSONNEL APPEALS BOARD
i\
STATE OF WASHINGTON
lk\l C,>
Appellant,
)
Case No. B.E D-£15

1Wc,- .u

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4

- ~ ~3

)

v.

5

)

)

6

MOTION AND
ORDER OF DISMISSAL

)

7

)

8

-----------------)

9

The Appellant hereby notifies the Personnel Appeals Board
that he/she wishes to withdraw the above-entitled appeal.
DATED
-/~- Clip

10
11

J

Respondent.

12

!o

ellant/Attorney/Representative

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15

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21
22

WASHINGTON STATE PERSONNEL APPEALS BOARD

20

23

.J

ORDER.

NOW, THEREFORE, IT I.5 HEREBY ORDERED that the Appellant I s
request to withdraw his/her appeal is granted-and the appeal is
dismissed.
DATED this
day of _....;Qlwfl-.KlU'l.lla.l....a.lI.._ 19 Ue .

19

::<:\

This matter came on regularly before the Personnel Appeals
Board on the consideration of the request of the Appellant to
withdraw his/her appeal. The Board having reviewed the files
and records herein, being fully advised in the premises, and it
appearing to the Board that the Appellant has requested to
withdraw his/her appeal, now enters the following:

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WPEA
The Washington Public Employees Association • 1·800·544·WPEA
Headquarters • 124 10th Ave SW
Olympia WA 98501 • (360) 943-1121
FAX (360) 357-7627
Toll Free (800) 544-9732

Monroe Office • 20014 Hwy 2-E • Unit C
Monroe WA 98272 • (360) 794-0733
FAX (360) 794-6986
Toll Free (800) 794-9732

Walla ~~~Bffice • 401 WMain • Suite B
Walll1li'~~~~~J~2~) 529-8632
Toll Free (800)

52197~

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JUN 1 9 1996
Kenneth Latsch, Executive Secretary
Personnel Appeals Board
2828 Capitol Blvd. PO Box 40911
Olympia, WA 98505-0911

TO:

FROM:

~~th, WPEA Area Rep
401 W. Main, Suite B
Walla Walla, WA 99362

DATE:

June 17, 1996

RE:

Duvall v. DOC Case No. RED-95-0063

Enclosed please find a motion and order of dismissal regarding the above referenced
matter.

cc:

61th

.... ,.t5.tt L

. ~",*...,...k@

Tina Duall
File

i@i2!@.('iPW.FWJiM

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CERTIFICATE OF SERVICE
I certify that I served a cop
record on 5-1-96 :IS rollow~

xx

'lis document on all panics or their counselor

US Mail Postage Prepaid

[R(~©~~WE~

_

.:..£Tina~Du~Yal=:.I

Michael South. WPEA

1

I certiry under penally or perjury under the laws or the SIalC or Washington that
the roregoing is uue and correct.

MAY 0 2 1996
PERSONNEC
APPEALS BOARD

2
3
4

BEFORE THE PERSONNEL APPEALS BOARD
STATE OF WASHINGTON

5
6
7
8
9

10

NO. RED 95-0063

TINA DUVALL,
Appellant,

NOTICE OF SUBSTITUTION
OF COUNSEL

v.
DEPARTMENT OF CORRECTIONS,
Respondent.

11
12
13

'14

TO: KENNETH LATSCH, Executive Secretary, Personnel Appeals Board;
AND: TINA DUVALL, Appellant;
AND: MICHAEL SOUTH, Area Representative, Wash. Public Employees Assn.

15

PLEASE TAKE NOTICE that GEOFFREY M. BOODELL, Assistant Attorney

16

General, has been substituted as counsel for STEWART A. JOHNSTON, Assistant Attorney

17

General, and will hereafter represent the Respondent in this matter.

18
19
20

21
22

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DATED this

"""\

(:..~

.,.. -,

day of April, 1996.
CHRISTINE O. GREGOIRE

(~\rney~W·

L(~\)

GEOFFREY M. BOODELL
Assistant Attorney General
WSBA No. 22200
Attorney for Respondent

24

25
26
ATrORNEYGENERAL OF WASHINGTON

NOTICE OF SUBSTITUTION OF COUNSEL -1-

Labor ~ Personnel Division
905 Plum Street SE. Bldg. 3
PO BOX 40145
Olympia. WA 98504-0145
(3601 664-4167

CERTIFICATE OF SERVICE
I certify lJW I served a cop'
'lis dOCU11lCn1 on all partics or Ibeir counscl
of record on April 8. 1996
ows:
X US Mail Postlge Prepaid
~Tina=Du:.:.:val=I
_
Michael Soulb
ABC/Legal Messenger
- Swe Campus Delivery
: Hand delivered by

~1E~IEHWIEIDJ

===-==:.....-_---

1

2

IO

APR 0 9 1996

.....,......,..........,.....,............,.........,......-:--"""":""':---=-_=-:-"':"':""""

I certify under penalty of pcrjury under Ibc laws of Ibc Swe of WasbinglOn
lJW Ibc foregoing is truc and correct.
DaICd: April 8. 1996 at Olympia. WA.

PERSONNEL
~POt:'AI ~

BOARD

3
4

5

BEFORE THE PERSONNEL APPEALS BOARD
STATE OF WASHINGTON

6
7

8
9

10

NO. RED-95-0063

TINA DUVALL,

NOTICE OF SUBSTITUTION
OF COUNSEL

Appellant,

v.
DEPARTMENT OF CORRECTIONS,
Respondent.

11
12

13
14

TO: KENNETH LATSCH, Executive Secretary, Personnel Appeals Board;
AND: TINA DUVALL, Appellant;
MICHAEL SOUTH, Area Representative, Washington Public Employees Assn.

15

PLEASE TAKE NOTICE that STEWART A. JOHNSTON, Assistant Attorney General,

16

has been substituted as counsel for LYNN WISE, Assistant Attorney General, and will

17

hereafter represent the Respondent in this matter.

18

19

DATED this

eft--

day of April, 1996.
CHRISTINE O. GREGOIRE
Attorney General

20

~K

21

22
23

STEWART A. JOHNSTON
Assistant Attorney General
WSBA No. 8774
Attorney for Respondent

24
25
26
ATTORNEY GENERAL OF WASHINGTON

Labor & Personnel Division
905 Plum Street SE, Bldg. 3
PO BOX 40145

NOTICE OF SUBSTITUTION OF COUNSEL -1-

Olympia, WA

98504-0145

(3601 664-4167

CERTIFICATE OF SERVICE
I certify \hal I served a cop'
'lis document on all panics or their counsel
of record on December 11.
.i as follows:
X. US Mail Postage Prepaid
..:.:Ti:::na-=D=uv=aJl'----=
_
Michael South. WPEA
ABClLcgaJ Messenger
Swe Campus Delivery
_ Hand delivered by

~~~~~w~~

=
1

2

10

--

DEC 1 3 1995

I certify under penalty of perjury under the laws of the Swe of WashinglOn
\hallhe foregoing is true and correa.
Dated: Dec:cmber 11. 1995 at Olympia. WA.

PERSONNEL
APPEALS BOARD

3

4

BEFORE THE PERSONNEL APPEALS BOARD
STATE OF WASHINGTON

5
6

TINA DUVALL,
Appellant,

7

DEPARTMENT OF CORRECTIONS,
Respondent.

10

11

NOTICE OF APPEARANCE

v.

8
9

NO. RED-95-0063

13

KENNETH LATSCH, Executive Secretary, Personnel Appeals Board;
TINA DUVALL, Appellant;
MICHAEL SOUTH, Area Representative, Washington Public Employees
Association.

14

Pl.-EASE TAKE NOTICE that the Respondent, Department of Corrections, without

15

waiving objection as to the sufficiency of service of process or jurisdiction of this Board, does

16

hereby enter its appearance in the above-entitled action, by and through its attorneys,

17

CHRISTINE O. GREGOIRE, Attorney General, and LYNN WISE, Assistant Attorney

18

General, and requests that all further pleadings herein be served upon said Respondent at the

19

Office of the Attorney General at the address given below.

12

20

TO:

.......L__ day of December, 1995.
DATED this _......:~
CHRISTINE O. GREGOIRE
Att ey General

21

22
23

WISE
Assi ant Attorney General
WSBA No. 21654
Attorney for Respondent

24
25
26

ATTORNEY GENERAL OF WASHINGTON

Labor & Personnel Division

NOTICE OF APPEARANCE -1-

905 Plum Street SE, Bldg. 3
PO BOX 40145
Olympia. WA 98504-0145
(360) 664-4167

2828 Capitol Blvd.

STATE OF WASHINGTON

PO BOll 40911

Olympia, WA 98504·0911

PERSON NEL APPEALS BOARD

(360) 586-1481
FAX (360) 753.0139

November 15, 1995

Michael South
Area Representative
401 W. Main, Suite B
Walla Walla, WA 99362
RE:

Tina Duvall v. Department of Corrections, Reduction in Salary Appeal,
Case No.: RED-95-0063

Dear Mr. South:
This letter is to acknowledge receipt of the above entitled appeal by the Personnel Appeals Board
on November 9, 1995.

(JrelY
,
~Lt (.~lfLt:- .
Kenneth J. Latsch ~
Executive Secretary

KJL:tmp
cc:
Tina Duvall
Linda A. Dalton, AAG
Jennie Adkins, PO

z:\lmp\newappl\duvall.doc

APP~L

:'.'i\SHn:G'IO~.J

STATE PERSONNEL Jl.PPEALS

fRllE~IEOWIEIDJ

FORN

BO.~lID

2828 capitol Boulevard
P. 0, Box 40911
Olj'l:piu, \','A 98504 -0911

NOV 13 1995
~ ~ "1'\ \&t5

SC!\N 321-1481
(206) 586-1481
(206) 753-0139

PH:

FAX;

''P~Fts6NNEL:

A.PPI=A'.~ BOARD
'Tius form '.,;i.ll help you provide r:ecessa.-ry information to the PerscZ"'.nel Appeals Board ~"hen
;'Cu file an appeal.
You are .!JQt. required to use this form; ho...- ever, appeals ~ .be filed
in accordance ~-i.th the requirements set forth in Chapter 358-20 {'lAC.

r f the space on the form is if".5ufficient or if you wish to provide addi tiOI"'.al information
;'cu may attach additional p a g e s . "
'
"

PRINT A?. T'iPE ?:-..-;T !.

APPELLANr

N.l..HE:

SIGN ON PAGE 2

IDENl'IFIC.~TION

Duva 11 Tina
(Last name, first name,

mid~e

initial)

1319 Shelton '!load
(Number and street)

Ha·!E)I..DDRESS:

Walla Walla, WA 99362
(City~

PHONE NUHBERS:

state and ZIP cede)

Ha'!E:
,EI1I?LOYING AGENCY:

Off-SCAN:

SO.N:

(509) 5?5-3610

(Include area cede) (509) 522-5484

W'asl'tington State Penl tentlary

Name of agency or agencies that took action you are appealing:

?;\.~T

II.

REPRESENTATI'VE'S NANE, ADDRESS AND TELEPHONE NUHBER:

WPEA
Michael South, Area Rep.
401 W. Main, Suite ,B
Walla Walla, Waf 99362

509-529-8632
An Appellant may authorize a representative to act in hisjher be~f.
The Board must l:e notified of any change in representation.
PJl_l:\T III.

~E

OF .APPEAL

"Check on~ of the following to ,indicate the type of appeal you are filing:

'"

a.

e.

Disciplinary:
(check applicable action(s».
"_ _Dismissal,
_ _Suspension, _ _Demotion,_
" '_Reduction in Pay.
Disa£dlity Separation
Merit System Rule or State Civil Service r.a~., Violation
(complete PART IV. of this form)
Reduction in Force
(comolete PART IV. of this form)
Allocation (position classification)

f.

Declaratory Ruling (see f~C 358-20-050)

b.
c.
d.

(complete PART V. of this 'form)

1

t\PPC<l1 Form
Revised 3·2·92

PART IV.

FOR RULE VIOLATION OR REDUarION-IN-FORCE APPEALS ONLY

What Me.ri. t System Rule (s) or State Civil Service Law(s) do you believe were
violated?

Explain the particular circumstances of the alleged violation

How were you adversely affected by the alleged violation?

What remedy are you requesting in this case?

PART V.

FOR. ALLOCATION APPEALS ONLY

Has there been a review of your allocation request by the Director of Personnel or
designee?_ _Yes or _No
If so, by whom?

_

What is your present classification?

_

To which class do you think your position should De allocated?

SIG

DATE SIGNED

SENrATLVE

1/- - 9'>
I aeclare under I*18Jtv of perjury under the Jaws
of the State of Wllhlrlgturn that on II·
q fL
I deposited In ...
01 the UnIted States

meua

7-

addI....

8 properfv ltamped and ......... envelope
directed to the
of thII document

~--b
U-9-9/5 {J
L
~

Date a Place

Appeal Fonn
Revised 3.2-92'

CHASE RIVELAND

Secretary
STATE OF WASHINGTON

DEPARTMENT OF CORRECTIONS
WASHINGTON STATE PENITENTIARY
p 0 Bo)(

Sept~mber

26, 1995

520 • Walla Walla, Washington 99362

PERSONAL SERVICE

Tina Duvall
1319 Shelton Road
Walla Walla, WA. 99362
Ms. Duvall:
This is official notification that you will be reduced in pay
within your present class of Licensed Practical Nurse 2, Range 39,
Step I, $2508 per month to Range 39, Step G, $2393 per month
effective at the beginning of your shift on October 16, 1995
through the end of your shift on January 15, 1996, inclusive.
This disciplinary action is taken pursuant to the civil Service Law
of Washington State, chapter 41.06 RCW, and the Merit system Rules,
Title 356 WAC (MSR), and section 356-34-010 (1), (a) (Neglect of
Duty), (i) (Willful Violation of the published employing agency or
department of personnel rules or regulations), and 356-34-020
(Reduction in Salary - Demotion).
You neglected your duty, and willfully violated agency policy when
on June 26, 1995, Nancy Hartzell, your supervisor, became aware
that you had falsified a medical certificate. Specifically, you
failed to submit a medical certificate for your absences on June 18
and 20, 1995 as r~quired in accordance with WAC 356-18-070 (2), and
Division
Directive
830.150
Employee
Medical
Verification
Requirements Process.
After being reminded by your supervisor,
Nancy Hartzell, to submit a medical certificate for your absences,
you submitted to her as authentic, a photocopy of a medical
certificate previously given to you by Dr. Joseph Meyer which you
had knowingly and deliberately altered to cover your absences on
June 18 & 20, 1995.
A meeting was held on July 25, 1995 to discuss the incident.
Present at the meeting in addition to yourself was: John Lambert,
Acting Superintendent; craig Hamada, Personnel Officer; and Earl
Linn, your Union Representative. During the meeting and in your
written response, you admitted altering the dates on your medical
certificate and submitting a copy to your supervisor Nancy
Hartzell. A copy of the Employee Conduct Report (ECR) describing
this incident in more detail is attached hereto and incorporated by
this reference (Attachment 1).

Duvall, Tina
Page Two
September 26, 1995
By your actions, you violated the following agency policies:
1. DOC Policy 801.001, Ethics, which states in part:
" ••• Deparbnent employees are expected to maintain high
professional and ethical standards at all times."
2. DOC Employee Handbook, Code of Ethics, which states:
II

High moral and ethical standards among correctional
employees are essential for the success of the

department's programs. '!he Department of corrections
subscribes to a code of lmfailiIg honesty, respect
for dignity arxi individual ity of human beings, arxi a
commi:bnent to professional and compassionate

service. II
On October 5, 1993, you signed an Acknowledgement of Receipt of DOC
Employee Handbook indicating that you received and agreed to become
familiar with and have a thorough knOWledge and understanding of
the contents.
A copy of DOC Policy 801.001, Page two of the DOC Employee
Handbook, and the Acknowledge of Receipt of DOC Handbook are
attached hereto and incorporated by this reference. (Attachments
2 through 4 respectively)
As a DOC employee, you have a duty and responsibility to be honest
and forthright in all dealings with the agency. You neglected that
duty and violated agency policy when you knowingly altered an
existing physici~ns medical certificate and presented it to your
supervisor as the requested medical certificate.
Further, as a
Licensed Practical Nurse you have a professional obligation to
maintain a high standard of ethical behavior within the health care
profession. You violated a nurses ethical standard by falsifying
a physicians written medical certificate which is usually entrusted
to you for direction.
By your actions, your reputation as a
credible, trustworthy employee has been considerably diminished.
As an explanation for your behavior, you stated that you were
coerced to such actions by your supervisor's repeated requests to
produce a medical certificate due to the medical verification
requirement. I find this explanation questionable because you were
placed on Medical verification (requiring you to provide a medical
certificate for absences due to illness of yourself or a family
member) on March 1, 1995, and upon a 90 day review it was extend
for another 90 days. The medical certificate requirement had been
in effect for several months and therefore should not have been any
added pressure to comply with the requirement for your absences on
June 18 & 20, 1995. Copies of your Medical Verification

Duvall, Tina
Page Three
September 26, 1995
Requirement Letter and Medical Verification Review Form are
attached hereto and incorporated by this reference (Attachments 5
and 6).
Based on the serious nature of your actions, I believe that this
disciplinary action is warranted.
You hereby forewarned that
future performance problems/errors/omissions may lead to further
corrective /disciplinary action, up to and including dismissal.
Under the provision of WAC 358-20-010 and 358-20-040, you have the
right to appeal this action to the Personnel Appeals Board. Your
appeal must be filed in writing at the Office of the Executive
Secretary, Personnel Appeals Board, 2828 capitol Boulevard,
Olympia, Washington 98501 within thirty days of the effective date
stated in the first paragraph of this letter.
You also have the right to file a grievance under the provisions of
Article 10 of the Collective Bargaining Agreement between the State
of Washington, Department of Corrections and the Washington Public
Employees Association for the Institutions Bargaining unit
(effective date June 25, 1993).
The WAC's, Department of
Corrections policies, and Collective Bargaining Agreement are
available for your review upon request.

Tana Wood
Superintendent
Attachments (6)
cc: Tom Rolfs, Director, Division of Prisons
Jennie Adkins, Director, Division of Human Resources
Linda Dalton, Assistant Attorney General
Bobbi Collins, Area Personnel Manager
Sherry Hartford, Personnel Officer
Personnel File

HOV-

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10.10.110.

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PERSONNEL APPEALS BOi\1ID;·
2828 caoitot ~eoUievard
.'PH: ' :sclJ.i·: 321-1481
P. o. Do; o109l'l l": '.
., '(206') 5.86-1481
Ol~·ltipi~, fo.'7\ :9.6S~.4"0911Fi\X.:· (;~06) 153';'OQ9

'iius form .will oe~p )'ou provide tlece~sa.tY; i~~.atlon to. the Personnel Appeals Boa.--d ~nen
file ~q:~~?~,¥,! ~ou ar~ nat. re~re~: ;o~~e ~his form; ho·..- ever, appeals lllU:Lt. be filed
!n accordanc,e.:. ~f;t\:the reqw..rements s'et fo~.:i~n Chapter 358-20 l'r.\C•
j'OU

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r f the s.pace. pn:it;h~, form is insuf£is~.,;nt.,Qo!=~.~ ,you wish to provide additi<:>nal information,
;'cu noay·· a(:t~ch e;~d.i;t:ional pages.
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NOV-

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PART IV.

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a+leged ·violation.
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HOW'~ 'y~ aQversely affected.~by,'tq~ iJ~e9!ad Violation?
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