It's no secret that unemployment is on the rise due to the economy. It's no secret that domestic violence increases during stressful times and, as most of us understand, recessions certainly qualify as stressful.
Yes, domestic violence is currently on the rise.
Unfortunately, it is apparent that many people still misunderstand domestic violence. A recent discussion with an Assistant City Attorney made light of policies and procedures in my own home town that likely exacerbate this form of domestic terrorism. It also looks like they violated a few other laws as well. Let me explain.
My husband lost his job as an External Auditor with the City of Aurora in July. This really did not come as a surprise for me as I understood that revenues are down so much that our heroic police officers were denied pay raises this year. Things are bad when those who put themselves on the line to care for us are not taken care of.
I will remember, though, my husband saying that a police officer escorted him out of the building and said that my spouse had an " anger management problem". I didn't think too much of it at the time.
My husband's job loss did manage to pique my curiosity when I found a handwritten schedule of payments. I turned the paper over and found a form signed by an Assistant City Attorney and the Deputy City Manager. It claimed that my spouse had been using the Internet inappropriately and was billed $500 post-tax for this infraction.This is a violation of both Colorado and Federal Labor Law . Local governments are exempted from Colorado wage law but they are NOT exempt from the Fair Labor Standards Act(FLSA).
The paperwork mentioned symptoms of a medical disorder that my spouse was being billed for displaying on two occasions one year prior to this disciplinary fine. The letter did not mention that my spouse had a right to visit with a medical professional or that he had right to a hearing. It was simply an illegal demand for $500 which detailed accusations leveled against him by a fellow coworker.
In other words, our family was billed $500. His wages were not docked (that is illegal and reportable to the US Dept. of Labor). His income was not reduced nor was he put on an unpaid suspension. He was still classified as an exempt salaried employee and not paid for overtime yet he was billed for accusations that he checked his email, had books on his desk, and exhibited brief signs of a medical disorder during the working day. The City of Aurora demanded money from our family that we had paid payroll taxes on when it was earned (it counts as income for me). This $500 bill was due to accusations that my spouse used the Internet inappropriately. Later on, while reading the transcripts from his unemployment compensation hearing, an attorney representing the City of Aurora stated that there was no evidence that he used the Internet inappropriately or committed the other infractions.
Looking at the handwritten schedule of payments, I began to question the legitimacy of this bill. I wondered if my spouse hadn't been the victim of some type of prank at his expense.
I figured that the people who worked for this city had to be well educated and would do things that were in the best interest of the citizens. It seemed to me that if my spouse had a medical or psychiatric disorder, they would tell him that there is an Employee Assistance Program (EAP) program and medical benefits that he could utilize in order to perform the job more efficiently. That would make more sense than billing him $500. It is generally less expensive in terms of productivity to retain employees rather than hire replacements. Besides, workplace fines are illegal in Colorado and rarely allowed in the FLSA.
I called my City Councilman and left a message. First, I wanted to confirm that this bill was legitimate. Secondly, I wanted to ask why the City HR Department did not offer my spouse information about the EAP program that taxpayers pay for.
An Assistant City Attorney called me back. What she told me shocked me. It was the last thing I could possibly anticipate.
In the most condescending tone imaginable, this attorney informed me that my spouse "threw [me] into a wall" and that his former supervisor claimed that my spouse told her that "he had [an ADA protected health] disorder...due to an underlying rage or medical issue...and was seeing a doctor" but that they "would have fired him anyway". The Assistant City Attorney then proceeded to berate me and slam the phone down in my ear.
I was shocked due to the amount of misinformation I heard. This appears to be a violation of the American with Disabilities Act (ADA). The Assistant City Attorney's behavior seemed unprofessional as well. To be sure, as a taxpayer, this is a problem but this is not my primary concern.
I am concerned that a police officer acted on a report of domestic violence (the office gossip pertaining to my being thrown into a wall) but did not investigate the report. Either the report made to an Aurora Police Officer was credible or it was not credible: if the report was credible, it should have been investigated as per Colorado law. If it was not credible, it should have been ignored.The attorney informed me that the only evidence they had of an anger management issue was the supervisor's story that I was thrown into a wall. No one confirmed that story with me.
Still, if anyone at the city believed that my spouse had a rage or anger issue, why didn't they refer him to the Employee Assistance Program? Wouldn't it be prudent to make sure that he was not a threat to anyone? I think those are good questions.
I wonder, too, if the City of Aurora has a policy for dealing with perpetrators and victims of domestic violence that work for the City. These issues most likely influence one's performance on the job.
Surely the decision makers at the city understand that billing a perpetrator $500 will only enrage him and create more stress while increasing the possibly that he will attack his wife (or others). The survivor may very well have earned that $500 and paid the employment taxes on the money. Again, they did not dock his pay. They demanded the money. Fining the family means that the survivor has $500 less to use to escape or survive the situation. Why not just give someone an unpaid suspension? That is not an illegal disciplinary action.
Surely they know that firing a violent individual while citing a "rage issue" right before sending him home could put his family (or other people) at risk. Besides, are they qualified to claim he has a "rage issue" or an "anger management disorder" in the first place? No, I do not believe that anyone I spoke with at the City has a medical license or training in clinical psychology.
Surely they know that blaming one's spouse for a job loss would put her in further danger.
Don't they? No, I don't think so.
While reading the unemployment compensation hearing transcripts I learned that a City Attorney accuses me of contributing to the situation.
- She claimed that my spouse and I argued on the phone (that did not happen and she offered no proof of that allegation).
- The City Attorney ridiculed my medical condition and choice of treatment even though it did not cause issues with his job (by the way firing someone because their spouse has a disability is a violation of the ADA, too).
- The City Attorney and the Tax Audit Supervisor made mention of my (unremarkable) educational achievements and claimed that my spouse was fired because he "wanted" to be a "stay-at-home dad" and that this desire made him "unmotivated" and worthy of losing his job (that sounds like a horribly unfair and sexist attitude- not something I'd expect to hear from any representative of a World Class City).
At this point, I realized that something unprofessional and potentially dangerous was going on. Really, no one needs to make up a ton of excuses and hurl personal insults in order to fire someone in an At-Will Employment State. Why are they doing this?
My primary concern is that the individuals that I have spoken to with regard to this issue have little understanding of domestic violence or psychology. They may be brilliantly aggressive lawyers, wonderful statesmen, or creatively effective tax collectors but they are not professional counselors. It would be prudent to defer counseling, diagnosing, and assessing health issues to a qualified health professional [perhaps through the EAP program]. To do otherwise, in a case of bona fide domestic violence could actually endanger a survivor of abuse.
Unfortunately, the actions taken by city employees are troubling, especially with regard to the testimony about me. I never met any of my spouse's former coworkers. With the exception of the Assistant City Attorney and a paralegal who visited the house to stuff papers in the mailbox, I do not recall speaking to anyone related to his former job. So, I don't know where they were getting the information or why it was repeated.
If I were a victim of Domestic Violence, would the Assistant City Attorney's verbal assault be continuing the emotional abuse experienced at the hands hands of my abuser?
Wouldn't spreading the gossip and stating it as fact during a court hearing play into the abuser's hands and further demoralize the survivor?
This needs to stop before it happens to someone else.
To be sure, office gossip can be incredibly damaging. I hope the HR has rules to help supervisors deal with office gossip. If not, this may be a good time to create a policy regarding office gossip.
Luckily, many of us learn from our experiences. I have learned a few things and I pray that the officials in this city learn something from it as well.
So, here is my Christmas wish for the decision makers at the City of Aurora.
First, educate yourselves as to the factors associated with domestic violence.
You may also want to have a workshop on the ADA. Home Rule Cities may be able to ignore Colorado laws but they have to follow Federal rules regarding the ADA . Consider double checking whether or not you are violating Federal Labor Regulations, too (remember the 10th Amendment does not exempt you from compliance: you can always write to the DOL for confirmation of this fact). For years the rule at the City of Aurora was Education and Compliance over the Collection of Revenues. That appears to have changed (at least according to the transcripts from the Unemployment Hearing). The citizens comply with you: the least we can expect is that you comply with Federal and State law.
Second, have the HR department create a policy dealing with employees whose lives are exacerbated by domestic violence - both perpetrators and victims. Referral to an EAP program would be a good start. Many cities across this nation have policies for dealing with this pervasive problem. Consider researching the way other cities respond to the impact of domestic violence in the workplace.
Also, consider the liabilities of workplace gossip and amend your policies accordingly.
Third, remind every " problem employee" that there are resources available (for example, the EAP or health insurance benefits) if he or she feels that medical or psychiatric issues are responsible for any work performance issues. Don't just illegally bill them an absurd amount of money. That really doesn't accomplish anything. In some cases, you may actually do damage to the family system.
Finally, the Mayor, my City Councilman, and the City Manager have ignored my inquiries. I wish they would realize that they work for the citizens of Aurora. This issue has led to very minor harassment on the part the legal team; I'd like to be able to report it to make sure it doesn't happen to anyone else again. The paralegal who visited our home refused to give me the name of her supervisor. Again, I have to ask...why?
It is said that there are no failures, only feedback. I pray someone listens to my experience and understands the feedback so no one is truly endangered by a failure to understand domestic violence. Together we have the power to change lives for the better. Our ignorance can make things much worse for other people, especially if we don't understand the hardships of traumatic situations.
Wishing you a safe and prosperous holiday season,
S. T. Davis
About this post: Over the past five months, I have sent numerous inquiries (via email and telephone) to various people within the city. No one has responded. A copy of this blog entry was sent to Councilman Bob Fitzgerald, Mayor Ed Tauer, City Manager Ron Miller, and Congresswoman Debbie Stafford (who I understand is a former Domestic Violence Counselor).
I promise to share and update the saga should I receive any responses.
S. T. Davis holds a master's degree in psychology, an undergraduate degree in social science, and numerous certifications in hypnosis and neuro-linguistic programming. Ms. Davis is also a former volunteer victim's advocate.
