Traweek v Wadoc Wa Pab Appeal Reduction in Salary Medical Gross Neglect 1995

• Topics: Misconduct/Corruption, Medical Misconduct

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2828 Capitol Blvd.
PO BOl ·WJ11
Olympia. WA 98504-0911

STATE OF WASHINGTON

PERSON NEL APPEALS BOARD

(360) 586·1481
FAX (360) 753·0139

September 19, 1995
Marion G. M. Leach
124 10th Avenue S.W.
Olympia, Washington 9850~
Re:

Beverly Traweek v. Department Of Corrections, ReductionIn-Salary Appeal, Case No. RED-95-0036

Dear Ms. Leach:
Enclosed is a copy of the order of the Personnel Appeals
Board in the above-referenced matter. The order was entered
by the Board on September 19, 1995.

si~7relY,

K~h~~Ch

Executive Secretary
KJL/gmh
Enclosure
cc:

Beverly Traweek, APP
Lynn Wise, AAG
Jennie Adkins, PO
Rick Hall, WPEA

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BEFORE THE PERSONNEL APPEALS BOARD

STATE OF WASHINGTON

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BEVERLY TRAWEEK,

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Appellant,

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Case No. RED 95-0036

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DEPARTMENT OF CORRECTIONS,

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Respondent.

MOTION AND
ORDER OF DISMISSAL

)

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

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

"*-' \\" \Cc. C; ~

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~,
>~""~L
MARION G.
M. LE~BA #15201

Attorney for Appellant
WPEA Staff Attorney

This matter came on regularly before the Personnel Appeals

Board on the consideration of the request of the Appellant to

withdraw her appeal.

The Board having reviewed the files and

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MOTION AND ORDER OF DISMISSAL - 1

MARION G. M. LEACH
WPEA Staff Attorney
Washington Public Employea AssociAtion
124 10th Avenue S.W.
Olympia. Washington 98501
Telephone 943-1121

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records herein, being fully advised in the premises, and it
. appearing to the Board that the Appellant has requested to
withdraw her appeal, now enters the following:

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ORDER

NOW, THEREFORE, IT IS HEREBY ORDERED that the Appellant's

requests to withdraw her appeal is granted and the appeal is

dismissed.

DATED this

led/.
/

~ It

day of ~ ~ , 1995.

WASHINGTON STATE PERSONNEL APPEALS BOARD

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£J~--]--

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<sj/btt-IIlOd/lrm-1/9- tl-95)

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MOTION AND ORDER OF DISMISSAL - 2

MARION G. M. LEACH
WPEA Staff Attorney
Washington Publk Employees AssociAtion
124 10th Avenue S.W.
Olympia. WashiJIgton 98501
Telephone~1121

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BEFORE THE PERSONNEL APPEALS BOARD

STATE OF WASHINGTON

BEVERLY TRAWEEK,

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Appellant,

v.
DEPARTMENT OF CORRECTIONS,

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Respondent.

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NO. RED 95-0036
AFFIDAVIT
OF SERVICE
BY MAILING

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

I, Sue Jennings, being duly sworn, say that I am employed

by Washington Public Employees Association, and that on the

1/ +k

mail, a Motion and Order of Dismissal in the above referenced

case addressed to:

~+~J0-4.-"--

, 1995, did place in the united States

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TO:

PERSONNEL APPEALS BOARD
KENNETH LATSCH, Executive Secretary
PO Box 40911
Olympia WA 98504-0911

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AND TO:

LYNN WISE
Assistant Attorney General
PO Box 40145
Olympia WA 98504-0145

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AFFIDAVIT OF SERVICE BY MAILING - 1

MARION G. M. LEACH
WPEA Staff Attorney
Washington Public Employees AsIoci.ttion
124 10th Avenue S.W.
Olymp.... Washington 98501
Telephone 943-1121

tl ~lJ !\~~

Sue Jenningo/ ......

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\.l'_ _ _ _ _ d ay
SUBSCRIBED AND SWORN TO before me this _ _\ _
of ~se.- ~

, 19

45 .

~'-Jer~~
MARION G. M. LEACH,

NOTARY PUBLIC in and for
the State of Washington,
residing in Auburn.
My commission expires 2. ~ l(,) - ,

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(sj/bt2afmal/s-m-7/9-11-95)

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AFFIDAVIT OF SERVICE BY MAILING - 2

MARION G. M. LEACH
WPEA Staff Attorney
W.uhillgton Public EmplOyHS Association
124101hAvenu~S.w.

0Iympi~. Washington 98501
Trl~""M943-1121

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

July '10, 1995
Kenneth Latsch
Executive Secretary
Personnel Appeals Board
PO Box 40911
Olympia WA 98504-0911
Re:

Walla Walla Office • 401 WMain • Suite B
Walla Walla WA 99362 • (509) 529·8632
FAX (509) 525·5487
Toll Free (800) 529-9732

~~©~~w~~
JUL 11 1995
PERSONNEL:
APPEALS BOARD

2'raweek v. Department of Corrections,
PAS iRED 95-0036

Bever~y

Dear Mr. Latsch:
Please find enclosed for filing purposes in the above-referenced
case an original and four copies of the following:
1.

Notice of Hearing on Appellant's Motion for Summary
Judgment, Oral Argument Requested;

Appellant's Motion for Summary Judgment;

Appellant's Memorandum In Support of Appellant's Motion
for Summary Judgment;

Declaration of Beverly Traweek In Support of
Appellant's Motion for Summary Judgment;

Declaration of Rick Hall In Support of Appellant's
Motion for Summary Judgment.

Declaration of Mailing.

Please send a conformed copy of the above documents back in the
enclosed envelope provided.
Sincerely,

~~ ~.'"n\ .00-eoJ~.
Marion G. M. Leach
WPEA Staff Attorney
WSBA '15201
(sj/kl-627IHn-S/b'1-11l-95)

co:

Lynn wise, AAG
Beverly Traweek
Kathy Cunningham

fRllE@1E8Wew
JUL 11 1995

BEFORE THE PERSONNEL APPEALS ~~RSONNE~

Ap~S BOARD

STATE OF WASHINGTON

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4

Beverly Traweek,

)
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Appellant,

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Department of Corrections,)

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9

No. RED 95-0036

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)

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NOTICE OF HEARING ON
APPELLANT'S MOTION FOR
SUMMARY JUDGMENT,
ORAL ARGUMENT REQUESTED

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Respondent.

)

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

TO:

AND TO:

Personnel Appeals Board;
Department of Corrections and its attorney,
Lynn Wise, Assistant Attorney General

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Please take notice that the Personnel Appeals Board will

hear argument regarding the Appellant's Motion for Summary

Judgment concerning the above-entitled case on August 7, 1995

at 1:30 o'clock P.M. at the Personnel Appeal Board's Office

located at 2828 Capitol Blvd., Olympia, Washington

in the hearings room.

Dated this __:1_-\'-

da y

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.....J

2:
to

-0:::

98504-0911

::s-\J-.-\"-\\

, 1995.

~~
~.'5;<\.~~u..~
M~n G. M. Leach, ~ #15201
Attorney for Appellant
WPEA Staff Attorney
(sj/ tranot/s-m-S/lr7-7-95)

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NOTICE OF HEARING ON APPELLANT'S MOTION
FOR SUMMARY JUDGMENT - 1

MARION G. M. LEACH
WPEA Staff Attorney
Washington Public Employees AssociAtion
12410th AvenlleS.W.
Olympia. Washington 98501

Telephone 943-1121

~~©~~WE@
JUL 111995
PERSONNE~

APPEALS BOARD

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2

BEFORE 'l'dE PERSONlmL APPEALS BOARD

STATE OF WASHINGTON
Beverly Traweek,

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8

)
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Appellant,

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No. RED 95-0036

)

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)

APPELLANT'S MOTION FOR
SUMMARY JUDGMENT

Department of Corrections,)
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Respondent.
)
-------------)
Comes now the Appellant, Beverly Traweek, by and through

her attorney of record, Marion G. M. Leach, WPEA Staff

Attorney, herenow moves the Personnel Appeals Board for Summary

Judgment in the above-entitled case.

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The Appellant's Motion for Summary Judgment is grounded in
good cause as set forth in the Appellant's Memorandum in
Support of Appellant's Motion for Summary Judgment and the
Declaration of Beverly Traweek in Support of Appellant's Motion
for Summary Judgment.

Dated th1s

~h_

day of July, 1995.

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-J
c:::(

( !)

0:::

L~.~iUn G. M. Leach, W
Attor ey for Appe11an
WPEA Staff Attorney
(S}ITRAMOI'I>M-5/~27-95)

APPELLANTS MarION FOR SUMMARY JUDGMENT - PAGE
MARION G. M. LEACH
WPEA Staff Attomey
Washington Public Employees Association
124 10th Avenue S.W.
Olympia. Washington 98S0l

Telephone 943-1121

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BEFORE THE PERSONNEL APPEALS BOARD

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STA~E

Beverly Traweek,

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)
)

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OF WASHINGTON

Appellant,

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No. RED 95-0036

)

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Department of Corrections,)
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DECLARATION OF BEVERLY
TRAWEEK IN SUPPORT OF
APPELLANT'S MOTION FOR SUMMARY
JUDGMENT

Respondent.
)
-------------)

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I, Beverly Traweek, declare as follows:

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I am the Appellant in the abcve-entitled action.

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--J

«
:z

-0::

C !)

On May 26, 1994, an Employee Correction Report (ECR) was

filed against me.

The May 26, 1994 ECR alleged that I failed

to note an inmate's blood pressure reading on the patient's

health record and allegedly failed to notify the Medical Duty

Officer of the blood pressure reading or of the inmate's

alleged complaints of dizziness or light-headedness.

A copy of

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DECLARATION OF BEVERLY TRAWEEK - 1

MARION G. M. LEACH
WPEA Staff Attorney
Washington PubUc Employees Association
1241OthAwnueS.W.
Olympia, Washington 98501
Telephone 94J.1I21

1
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the ECR is attached hereto and made a part hereof by reference
.as Exhibit B.

I am contesting the allegation against me.

After almost four months after the ECR was filed,

Superintendent Alice Payne determined that misconduct allegedly

occurred and that Corrective/Disciplinary action would be

taken.

very much upset and was very anxious while waiting for

Superintendent Payne's decision.

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See Exhibit B, Administrative Comments Section.

I was

On approximately, October 20, 1994, Superintendent Payne
issued a written notification to me that I would be reduced in

pay within my present class of Registered Nurse 2, Range N45,

Step P, $3,548 per month to step L, $3,216 effective December

1, 1994 through February 28, 1995.

a part hereof by reference.

See Exhibit C which is made

I was very upset that the

reduction in pay would occur during the holiday season.

reduction in pay was going to have a severe effect on the

The

amount I could spend on my family during the holiday season.

In fact, I asked Superintendent Payne to reconsider the amount

she was intending to deduct during the holiday season.

request was denied summarily.

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DECLARATION OF BEVERLY TRAWEEK - 2

MARION G. M. LEACH
WPEA Staff Attorney
WaJhington PubUc Emplo)'ftS Association
124 lath AvenueS.W.
Olympia. Washington qgsot
Telephone 943·1121

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I kept waiting for the money to be deducted from my pay
. check.

I was in constant turmoil because I was trying to

manage my money and budget knowing that I would suffer a severe
decrease in income for three months.
not occur.

The reduction in pay did

Such a financial upheaval played havoc in my

family I slife.

We did :10t know l-lhether we could spend the

money, pay certain bills, do a recreational event, etc.,
because we did not know what was going on and why the money was
not being deducted.

I suffered unbelievable stress during this

time.

Originally, the reduction in pay was to be effective

December 1, 1994.

Then, over five and a half months from the

December 1, 1994 effective date, I finally received notice that

the Department of Corrections was cancelling the October 20,

1994 disciplinary letter and issuing me a new one.

D which is made a part hereof by reference.

letter from Superintendent Payne informed me that my pay would

be reduced for a three month period in the amount of $332 a

month effective June 16, 1995 through September 15, 1995.

in time for my summer vacation plans.

in my life.

the same alleged misconduct.

See Exhibit

The May 26, 1995

Just

Thus, more disruptions

I feel as though I am being disciplined twice for
It is not fair that I should be

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DECLARATION OF BEVERLY TRAWEEK - 3

MARION G. M. LEACH
WPEA Staff Attorney
WashinglOn Public E1nployees Association
1241OthAvenueS.W.
Olympia, WashiJlSlon 98501
Telephone 943-1121

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expected to try to balance my finances and remain in a state of
. anxiety waiting for the Department of Corrections to finally
lower the hammer on me.

I understand that an employee is

subject to disciplinary action for misconduct.

I believe that

if misconduct occurs then the employee should suffer
appropriate disciplinary action.

However, can the Department

of Corrections cancel the May 26, 1994 letter and later again

decide to issue a new disciplinary letter and make me readjust
my life and finances again.

Enough is enough.

Also, I understand that since a new (May 26, 1995)

disciplinary action has been taken against me (Exhibit D), I

have had to file a new appeal.

has to start over and now it will take longer for my appeal to

finally get to hearing.

Respondent, ·is prejudicial to me.

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become harder to find.

who accused me of misconduct, no longer works for the

Department of Corrections.

Thus, my whole appeal process

Such a delay, caused by the
Memories fade and witnesses

My understanding is that Dr. Badger,

The inmate, whose blood pressure

readings I recorded in the log book but allegedly failed to
record in the patient's records could soon no longer be
available as a witness.

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DECLARATION OF BEVERLY TRAWEEK -

MARION G. M. LEACH
WPEA Staff Attorney
Washington Public Employees Association
1241011\ Aven".. S.W.
Olympia, Washington 98501
Telephon.. 943-1121

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Alao, I am 8utferin9 a t1DcmciaJ. haJ:'dsh1p l:Iecauae 'tbc
.Dep~ of Co",.ect;1ons £cs now deducting mcnel' t::cm zny pay.

! will nov ha~ 1:.0 wait :Longe: to have the »e~t·a
<liac:1pl~y

My f&llil~

V&r'j

action ove.rt:u:nec1

anc1 I are not 1If.ell

ott,

d.etrl.mental effe<:t on us.

~ey,

the

JnC)%e

cu :ec:eive my m.onEt1

ncb loss Qf !neg_ 1:wI

!he

~ack.

lo~~

we go

lIi.tA.ou~ the

we are hamed.

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9

J: certi.fy undeZ'
S~ate

DAn2)

thia __Z"'--~_~

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1&

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as
!S

M
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perj~

U!b'1er the laws of the

of washine;ton that the eove is t.:me and. correct:.

n
12

~~y

~r~ ~"'b~') WA-

~1a.c:e ~igMa

• day

of t1U1y, 1995.

'!'

U1;,. "ifi""i:.ri i

. ; : . '.

vi- l,;;"'ri"~'"

.......;..

THIS' FORM TL

. I:.Wjr~·-1

INSTRUCTIONS AND nME

f"1~"'; vn I

;RECnVE~. 857.0~5 ~ --4'.~

USEO IN COMPLIANCE WITH POL.

'..

1.:...:. ,",vi-.uU,""

L1MITs:t-.t;~i~1;;, II
0'

1. The person making the report ~hall provide a clear description of the incident under "Description InclJ(,(,:;and, with any witness(es) or person(s) having knowledge, shall sign in the space provided and submit to the
supervisor
the involved employee within 'ourteen (14) calendar days after the date of discovery of an
employee's alleged misconduct.
.

2. The 'arm shall be submitted to the employee involved who shall complete the "Employee's Statement" and
return the report to his/her supervisor within seven (7) calendar days following the date receipt.

the incident, complete the "Supervisor's Report" and
3. The appropriate supervisor shall review the facts
submit the report to the Ollice Head within seven (7) calendar days following the date receipt.

4. The Office Head or designated representative shall review and within thirty (30) calendar days following the
date of receipt determine whether misconduct has occurred. This shall be reported under "Administrative
Comments" and shared with the employee. When the supervisor and Office Head are the same person, the
supervisor's supervisor shall complete the Administrative Comments.
,,"OYEE IHY~ YEO

ilnoN TITLE

Registered Nurse (RN)

day shift

DAM

0 PM

)ESCRIPTION OF INCIDENT:

On Hay 14, 1994, you took a blood pressure on Inmate R., nc:x; fJ 640396, who has a documented

strong history of cardiac disorders, and you failed to note it on the patient's health record
Secondly, you did not notify the Medical Duty Officer (MOO) of the blood .pressure (88/54) or
. of the inmate's complaints of dizziness or light-headedness.
patient safety and indicates indifference for patient welfare

These .acts clearly jeopardizes
~ch

could ultimately result

in a life threatening condition.

.. .....

:ITIATED BY:
POSITION TITlE

~1U3
ITNESS(ES):
POSlnON nn.e

POSITION nnE

EXHIBIT B
. ~.:)Q lREV. :HiSI

·2114.

-'-jO_9~~t~~i ( ) 1Y13MHOATIJ\

_.- ----------

.-._--- . - ----- -.'

~ou

._- -

will rett:f1 the original ~loyee Conduct Report t&;R) fo"" ana attacnments UL any)
:hrls ~, RN 3,
rsing 5
• or, win,;. 7 •• Y' "J'-vir. ~:aur~t......

Actini......

DATE DELIVERED'

.PLOYEE

c:::::.

)YEE'S STATEMEHT:

Signature of
Employee:
RVISOR'S REPORT:

DATe RECEIVED BY SUPERVISOR

Date:
BY:

Si.R.,.r.~#'~
ofsuperv~C~:
IINISTRATIVE COMMENTS: DATE RECEIVED BY OFFICE HEAD

Ameeting was held on August 18. 1994. Present were Ms. Traweek: Julie Ann, WPEA Reorpsentatjye
Bob Turk, Personnel Officer; and myself.
Ms. Traweek admitted she forgot to log the inmate's blood pressure in the inmate's record and
on the Primary Encounter Reoort, DOC 13-435.
Facts substantiate misconduct did occur.

cc:

Correctiye/Djsciplinary action will

Bev Traweek

-elrr,J;r,\\,,>\
.

",4

£1

Signa lure
Ollies Head:

taken

,. ..
#!'- .
A

......

: '1* ffi'em;MM&4tr,

FRQM:DIV OF OFFENDER PROGRAMS

TO:

IlI

SlATE Of WASHINGTON'

DEPARTMENT OF CORRECTIONS;

DIVIS/ON OF OFFENOER PROGRAMS
P.O. 80% 4"21 •

Olympi.,. WalhinglOll 98504.1121:

August 1, 1994

Supervisory Investigation of an ECR filed by Chris Addison, RN3 on ~ev Traweek, RN.
!

The t!CR alleges that Nurse Traweek faUed to note the blood pressure ~eading on inmate Ray
in the paUent's health record, when, in [ad, the allender's hJstory had }ncludt!d cardiac
probleJns. In addition, it alleges that she failed to notify the medical d,uty officer of A blood
pressure in the Jog as 89/46, and in the ECR as 88/54.
i
f

Finally, the ECR outlined a failure on the part of Nurse Traweek to re$ister complaints
expressed by inmate Ray with regard \0 dizziness and Jightheadedne~s. It was Ule feeling of
the supervising nurse th~t patient safely, indifference toward patient j.velfare, an4 a life
threatening condition aU existed tts a res~lt o( thes~ actions.

On the weekend ~ question, May 14 And 15, 1994, inmate Ray had h~r blood pressure taken
twice on Saturday by Nurse Traweek. Initially 8 reading of 54/'44 wa~ obtained. Subsequently,
Nurse Traweek used the wall mounted unit and recorded a reading ol88j54. Nurse Johnson
took inmate Ray·s blood pressure on Sunday, with a readin.g of 60/5~. Inmate Ray's
medications had recently been changed/with Prozac b~ing prescribeq the previous Thursday.
The inmate was concerned about her symptoms, and yet there was n9 documentation that she
had ev~r been seen, let aJone that any blood pressures had been taken.
A memo qated May 18, 1994, by Christopher Badger, Medical Direct9r, to I?onna Morgan,
Health Care Manager, expressed his strong concerns with regard to t~e manner in which this
case had been handled. Dr.. Badger went on to point out that with infl\ate Ray's history of heart
disease, sl:te was at risk lor life-threatening complications, such as heprt attack or stroke.
Inmate R~y, herself, discontinued the Prozac which was prescribed £9r her. Her hlood pr~ssure
is documented as being 110/80 on May 16, 1994.
'
In this particular case~ the ECR had \0 be sent to the employee by Certified Mail on May 26,
1994, sillce she was not able to receive it at home and had some difficulty going to the post
'office for H, even though advised to do so by Nurse Addison. She in:dicates that she finally
received it Monday, June 6, 1994. Nurse Traweek indicates that durfng the period in question,
she was extremely busy, and while she did enter her findings in the f4-hour-log, she did not
enter it in the medical me. She raised question with regard to the seyerity o( the blood pressure
problem, 'since this particular inmate has a chronic history Jow blooq pr~ssure and had not
been, in her mind, prescribed any medicatio~ for that problem. In r~Ality, the heart disease
experienced by inmate Ray had led to her to be on several medicati9ns, to include: Mediprol, a
calcium blocker, Nitrobid, and Prozee. These medications were teclinically ordered for her
heart, and not specificnlly for hypotension, hut they do effect blood pressure And Mediprol is
indicatt»d for blood pressure problems.
"
f

. , ,".,_.

Supervisory Investigation: Bev Traweek, RN
Page 2
June 10, 1994

In summary, it can be concluded that the necessity to repeat the blood pressure test should
have led to a contact with the medical duty officer, as well as a review of the file in which it
would have been noted that her medications now included Prozac. The prudent course of
action was not taken in this case, and therefore it can be concluded that the patient's welfare
was jeopardized.
For the record, the union representative for Nurse Traweek has asked that this ECR be
dismissed as a result of the institution's failure to meet established time frames associated with
the report being delivered to the employee. My investigation of that situation has revealed that
the institution met its obligations with regard to that issue.

Robert R Jones, Ph.DS-:
Health Care Coordinator
Division of Offender Programs

STATE OF WASHINGTON

DEPARTMENT OF CORRECTIONS
WASHINGTON CORRECTIONS CENTER FOR WOMEN

P.O. Box 17 M5: WP-04 • 9601 Bujacich Rd. N.W. • Gig Harbor, Washington 98335-UOI,'"

October 20, 1994
PERSONAL DELIVERY/CONFIDENTIAL
Beverly D. Traweek
1601 Pottery Avenue
Port Orchard, Washington 98366
Ms. Traweek:
This is official notification that you will be reduced in pay
within your present class of Registered Nurse 2, range N45, Step
P, $3,548 per month to step L, $3,216 effective December 1, 1994
through February 28, 1995.
This disciplinary action is taken pursuant to the Civil service
Law of Washington state, Chapter 41.06 RCW, and the Washington
Administrative Code, Title 356 WAC (MSR), and sections 356-34-010
(1) (a) Neglect of duty; (b) inefficiency; and (h) gross
misconduct, and 356-34-020 Reduction in salary-DemotionProcedures.
Specifically, On May 14, 1994 Offender R., DOC# 640396, who has a
heart disease, presented herself to you with complaints of
dizziness, lightheadedness and fatigue. In response, you
admittedly took her blood pressure and found abnormally low blood
pressures (less than 60 in the second figure). Subsequently, you
failed to record the offender's complaints or blood pressures in
the medical record or chart (primary Encounter Report, DOC 13435). Furthermore, you did not inform Dr. Christopher Badger,
Medical Duty Officer, of the complaint or low blood pressures.
Instead, you dismissed the offender from the clinic, and she
returned to her living unit without specific instructions. These
incidents are described in more detail in the Employee Conduct
Report (ECR) completed on september 8, 1994 which is attached
hereto and incorporated herein as Attachment #1.
Minimum Health Record Documentation Requirements effective
September 3, 1993 states in pertinent part:
"DEFINITION:
ENCOUNTER:
Any face-to-face contact made by a health
provider/practitioner (other than those occurring in
connection with a group session) with an offender, whether
EXHIBIT C

for diagnostic, therapeutic or instructional purposes, which
is sUfficiently substantive in nature to require an entry in
the clinical record, log or treatment record ..•
HEALTH RECORD:
The record which contains all healthrelated information about an offender to include, but not
limited to, medical, mental and dental health items of an
_identifying nature, data bases, assessment, treatment plans,
diagnosis, treatment, progress, clinical events, and
discharge or other summaries ..•
PROCEDURE:
GENERAL DOCUMENTATION PRINCIPLES:
10. At the conclusion of each encounter, the health care
provider/practitioner shall document diagnosis, impression,
and/or assessment."
You understood it was your responsibility to thoroughly review
each section of the health care manual as evidenced by your
signature on the signature sheet dated October 30, 1993. Your
signature on this sheet certified that you reviewed, understood
and could perform each procedure outlined in the Health Care
Manual. A copy is attached hereto and incorporated herein as
Attachment #2.
As a Registered Nurse(RN) you have a duty to work efficiently,
exercise sound medical judgement and comply with standard nursing
practices which are a part of any basic nurses training. A
trained RN should know that a physician should be made aware of
any or all abnormal physical condition(s) found during a patient
examination and that it is required to record patient contact
(i.e. vital signs) in medical charts and records whenever a
patient is examined or treated. Recording requirements and
standards were reinforced by clinic practices regarding medical
record documentation as pUblished under "Minimum Health Record
Documentation Requirements" in the nurses procedures manual at
this institution as stated above.
You neglected your duty and were inefficient when you admittedly
"forgot" to write the offender's complaints and blood pressure
readings in her medical records on May 14, 1994 in order to be in
compliance with standard nursing practices and the "Nurses
Procedure Manual" located in the clinic. Forgetting to record
critical medical information related to the progression of a
heart patients condition and treatment places the patient at risk
for severe medical complications and thereby cannot be
tolerated.
You further neglected your duty, were inefficient and committed
an act of gross misconduct when you failed to notify Dr. Badger,
the Medical Duty Officer, of the offender's complaints and blood
pressure levels. You state that you didn't contact Dr.- Badger
because the offender had shown abnormally low blood pressure in

the past. But, according to Dr. Badger, your actions could have
had serious implications as stated in his memorandum to Donna
Morgan dated May 18, 1994 (Attachment #1, page 5 of 9) in
pertinent part:
1I • • • The occurrence of this episode is extremeIv disturbing
because Inmate R. has significant ischemic heart disease for
which she receives a variety of medications. The level of
her blood pressure was such that she would be at risk for
life threatening complication such as a heart attack or a
•.• (stroke) as injury from a syncopal episode if the low
blood pressure continued. Fortunately, Inmate R. is quite
insightful regarding her illness and its treatment. She
appropriately attributed this low pressure to her medication
changes and discontinued the Prozac on her own. Fortunately,
this was sufficient to correct the hypotension and there
were no adverse consequences. Her blood pressure on May 16,
1994, was 110/80 ••• "

A review of your personnel file was conducted to assist me in
determining an appropriate sanction. Overall your work
performance was rated "normal" with a few areas assessed as
"exceeds ll • Other information from your personnel record which is
pertinent to this review include:
1.} Letter of appreciation - reporting for work under
extreme weather condition.
2.) Letter of commendation - actions reSUlting in saving a
staff's life.
Your work performance has been good in some respects, however
there is a previous incident in which you failed to follow
established written procedures and demonstrated indifference in
complying with those reporting procedures. This incident coupled
with your present actions begins to establish a pattern in your
behavior which is of concern.
In determining the appropriate disciplinary action in this case,
I have weighted both your overall work history and your
willingness in assuming responsibility for your conduct as
expressed during our meeting on August 18, 1994. Therefore I am
persuaded that a reduction in your salary is appropriate for
these circumstances.
The delivery of poor Health Care performance which jeopardizes
patient care or safety cannot and will not be tolerated at this
institution. You are warned that future acts of this nature may
result in further disciplinary action inclUding dismissal.
Under the provisions 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 (JO) days

after the effective date stated in paragraph 1 of this letter. As
an alternative, You may file a grievance under the provisions of
Article 10 of the Collective Bargaining Agreement between the
Department and the Washington Public Employees Associationjto
appeal this action to the Personnel Appeals Board, you may not
pursue a grievance over the same issue.
The WACS, Department policies and Collective Bargaining Agreement
are available for your review upon request.

~~~

Alice Payne
Superintendent
AP:rjt
Attachments
cc:

Jennie Adkins, Director, DHR (wjoja)
Kathy Nolan, Division Chief, Labor & Personnel Division
James Blodgett, Deputy Director, Command B (wjoja)
Donna Grazzini, Area Personnel Manager, DOC
Robert Turk, Personnel Officer, wccw
Personnel file

c:wp\displtr\traweek.d1

IJIf IE ~ IE 8 rtf IE fDJ
JUL 11 1995
PERSONNEL:
APPEALS BOARD

1
2
3
4

BEFORE THE PERSONNEL APPEALS BOARD

STATE OF WASHINGTON

Beverly Traweek,

)
)

Appellant,

)

Department of Corrections,)

10
11

No. RED 95-0036

)

)
)

APPELLANT'S MEMORANDUM IN
SUPPORT OF APPELLANT'S
MOTION FOR SUMMARY JUDGMENT

)

Respondent.

)

------------)
Comes now the Appellant, Beverly Traweek, by and through

her attorney of record, Marion G. M. Leach, WPEA Staff

Attorney, and herenow submits her memorandum in support of

Appellant's Motion for Summary Judgment as follows:

I .

STATEMENT 01' I'ACTS

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18

.-J

<C
Z

-0:::

(!)

On May 26, 1994, an Employee Corrections Report (ECR) was

filed concerning Beverly Traweek.

The May 26, 1994 ECR alleged

that the Appellant failed to note an inmates blood pressure

reading on the patient's health record and allegedly failed to

notify the Medical Duty Officer of the blood pressure reading

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24
25
26

APPELLANT' S MEMORANDUM IN SUPPORT OF APPELLANT' S
MOTION FOR SUMMARY JUDGMENT - 1

MARION G. M. LEACH
WPEA Staff Attorney
Washington Public EmployoH AssociAtion
124 10th Avenu~ S.W.
Olympi.l. Washington 98501
T~I~hone 943-1121

or of the inmate's alleged complaints of dizziness or light2

. headedness •

3
4

On September 8, 1994, almost four months later after the

ECR was filed, Superintendent Alice Payne determined that

misconduct allegedly occurred and that Corrective/Disciplinary

action will be taken.

8
9

10
11

On approximately, October 20, 1994, Superintendent Payne
issued a written notification to the Appellant, that the
Appellant would be reduced in pay within her present class of
Registered Nurse 2, range N45, Step P, $3,548 per month to step
L, $3,216 effective December 1, 1994 through February 28, 1995.

13
14

The Department of Corrections did not reduce the

Appellant's pay on December 1, 1994.

pay was never reduced as specified in the October 20, 1994

letter to the Appellant from Superintendent Payne.

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19
20
21
22
23

In fact, the Appellant's

On year later, after the original ECR was issued to the
Appellant, on approximately May 26, 1995, a letter was sent to
the Appellant from Superintendent Payne indicating that the
October 20, 1994 disciplinary letter to the Appellant and was
cancelled and superseded by the May 26, 1995 letter to the
Appellant.

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25
APPELLANT'S MEMORANDUM IN SUPPORT OF APPELLANT'S

MOnON FOR SUMMARY JUDGMENr - 2

MARION G. M. LEACH
WPEA Staff Attomey
Washington Public Empl~ Associatlon
124 10th Aven\W S.W.
OlympiA. Washington 98501
Tr1"Phone 94H 121

The May 26, 1995 letter to the Appellant from

Superintendent Payne indicated that the Appellant will be

reduced in pay within her present class of Registered Nurse 2,

range N45, Step P, $3,548 per month to step L, $3,216 effective

June 16, 1995 through September 15, 1995.

contained the same allegations as the October 20, 1994 letter.

8
9

The May 26, 1995

The parties are covered under a collective bargaining
agreement which was effective during all times pertaining to
the present case.

12
13
14

Article 9.3 of the Collective Bargaining Agreement that
the parties are covered under provides as follows:
A notice of disciplinary action will normally be pro
vided to the employee within sixty (60) calendar days from
the date the appointing authority determines that
disciplinary action is warranted.

During negotiations concerning Article 9.3 the word

"normally" was discussed.

The word "normally" in Article 9.3

was to provide an exception for extraordinary circumstances.

For example, disposition of criminal charges against an

employee.

or mismanagement by the Respondent.

Extraordinary circumstances did not include mistakes

23
24

APPELLANT'S MEMORANDUM IN SUPPORT OF API?ELLANT' S
MOTION FOR SUMMARY JUDGMENT - 3

MARION G. M. LEACH
WPEA Staff Attomey
WashinglDn Public Employees Association
124 l(lth Avenu~ S.W.
Olympia. Washington 9ll5O\
T,,~hone 943-\12\

1
2
3
4

In no way did the parties to the collective bargaining
. agreement intend to create an exception to the sixty
requirement of notice to include mistakes or mismanagements by
the Respondent.

In fact, in the previous collective bargaining agreement,

no time limit was required for the Respondent to give an

employee notice of disciplinary action.

experienced several cases where the Respondent was taking an

The WPEA had

inordinate long period of time to notify the employees of what

disciplinary action it intended to impose.

suffered severe emotional distress waiting for the hammer to

come down.

had problems sleeping while waiting for the Respondent to

decide what disciplinary action to take.

17
18

The employees

In fact, one employee suffered loss of appetite and

In order to provide a fair, timely, equitable and humane
process for employees to receive notice of disciplinary action
the sixty day notice requirement was negotiated.

19
20

In the present case, no extraordinary circumstances exists

to justify the Respondent's failure to give the Appellant sixty

days notice of the disciplinary action the Respondent intended

to impose.

25
APPELLANT' S MEMORANDUM IN SUPPORT OF APPELLANT I S

MOTION FOR SUMMARY JUDGMEN'r - "

MARION G. M. LEACH
WPEA Staff Attorney
Washington Public EmployOft "'..odanon
124 10th AvOftue S.W.

Olympia, Waohinglon <18501
Telephone 943-1121

II.

. A.

ISStJE

WHETHER SUMMARY JUDGMEN'J.' SHOULD BE GRAN'l'ED IN FAVOR OF THE
APPELLANT.

5
6

8
9

WHETHER THE DISCIPLINARY ACTION AGAINST THE APPELLANT
SHOULD BE DISMISSED BECAUSE THE RESPONDENT VIOLATED
THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE
PARTIES WHEN IT DISCIPLINED THE APPELLANT.
III •

ARGllMENT AND AO'l'HORITIES

SINCE NO GENUINE ISStJE OF MA'l'ERIAL FACTS EXIST, AND
APPELLANT IS ENTI'l'LED TO DISMISSAL 01' THE DISCIPLINARY
ACTION, THE APPELLANT'S MOTION FOR SUMMARY JUDGMENT SHOULD
BE GRANTED.

Scope of Review for Summary Judgment.

WAC 358-30-060(1) provides as follows:

(1) The personnel appeals board, or a hearings
examiner, may decide all, or an part, of an appeal
by motion, after notice to all parties, if the
documents on file, depositions and affidavits, if
any, show there is no genuine issue as to any
material fact and the appeal should be decided or
dismissed as a matter of law.

13
14
15
16

Facts and the reasonable inferences therefrom are
considered in favor of the non-moving party, and summary

judgment should be granted in favor of the moving party only if

reasonable minds could reach but one conclusion from all the

evidence.

452, 842, P.2d 956 (1993); Wilson v. Steinbach, 98 Wn.2d 434,

437, 656 P.2d 1030 (1982); Key Tronic Corporation v. Aetna, 124

Our Lady of Lourdes v. Franklin Aj., 120 Wn.2d 439,

Wn.2d 618 (1994).

24
25

APPELLANT' S MEMORANDUM IN SUPPORT OF APPELLANT' S

MonON FOR SUMMARY JUDGMENT - 5

MARION G. M. LEACH
WPEA Staff Attorney
W...hing1on Public Employen A...,a..bon
124 10th Awn". S.W.
Olympia, Washington 98501
T.lephoneCU3-l121

The court in Island Air, Inc. v. LaBar, 18 Wn.App. 129,

136, 566 P.2d 972 (1977), reviewed the concept of summary

jUdgment:

6
7

8
9

10
11

12
13
14

15
16
17

The purpose of a motion for summary judgment is to
examine the sufficiency of the evidence supporting the
plaintiff's formal allegations so that unnecessary trials
may be avoided where no genuine issue of material fact
exists. CR 56; Morris v. McNicol, 83 Wn.2d 491, 519 P.2d
7 (1974); Garbell v. Tall's Travel Shop, Inc., 17 Wn.App.
352, 353, 563 P.2d 211 (1977). A material fact is one
upon which the outcome of litigation depends in whole or
in part. Morris v. McNicol, supra; Amant v. Pacific Power
& Light Co., 10 Wn.App. 785, 520 P.2d 181 (1974), aff'd.
per curiam, 84 Wn.2d 872, 529 P.2d 829 (1975). The motion
will be granted only if after viewing the pleadings,
depositions, admissions and affidavits, and all reasonable
inferences that may be drawn therefrom in the light most
favorable to the non-moving party, it can be stated as a
matter of law that (1) there is on genuine issue as to any
material fact, (2) all reasonable persons could reach only
one conclusion, and (3) the moving party is entitled to
judgment.
In summary judgment, all facts and reasonable inferences
are to be considered in the light most favorable to the nonmoving party and all questions of law reviewed de novo.

Bur v.

Day, 124 Wn.2d 318 (1994).

19
20

In the present case, the Appellant contends that no

genuine issue of fact exists, that all reasonable persons could

reach only one conclusion and that as a matter of law the

APPELLANT' S MEMORANDUM IN SUPPORT OF APPELLANT' S

l'lOUOll i()~ SU\o\14Al\'f J\lOO\otENT - 6

MARION G. M. LEACH
WPEA Staff Attomey
WaslUn&lOn Public Employee A.wcial,on
124 Ullh Avrnuo S.W.
Olympia. Washington 98501
Tolephone 943-1121

1
2

Appellant is entitled to dismissal of the disciplinary action
.against her.

3
4
5

SINCE THE RESPONDENT VIOLATED THE COLLECTIVE
BARGAINING AGREEMENT BETWEEN THE PARTIES WHEN IT
DISCIPLINED THE APPELLANT, THE DISCIPLINARY ACTION
AGAINST THE APPELLANT SHOULD BE DISMISSED.

Approximately one year has gone by since the Respondent

decided to take discipline action against the Appellant.

The

Appellant has had to wait for over one year for the Respondent

to decide what kind of disciplinary action it will take against

the Appellant.

Article 9.3 of the Collective Bargaining Agreement that the
parties are covered under provides as follows:

13
14

15
16
17

18
19
20

21
22
23

A notice of disciplinary action will normally be
provided to the employee within sixty (60) calendar days
from the date the appointing authority determines that
disciplinary action is warranted.
Article 9.2 of the collective bargaining agreement between
the parties provides:
Disciplinary action is defined as demotion,
suspension, reduction-in-salary, and dismissal. Reasons
and causes for disciplinary actions and appeals thereof
shall conform to applicable laws and rules promulgated by
the Washington State Personnel Board or the Personnel
Appeals board.
Thus, the Respondent, under Article 9.3 is required to
give the Appellant notice of a demotion, suspension, reduction-

24
25
26

APPELLANT' S MEMORANDUM IN SUPPORT OF APPELLANT' S
MOTION FOR SUMMARY JUDGMENT - 7

MARION G. M. LEACH
WPEA Staff Attorney
Wuhington Public Employees Association
124 10th Avonu~ S.W.
Olympia. Washington 98501
T~I~hon~ 943-1 121

in-salary, and dismissal within sixty calendar days from the
,date the appointing authority determines that disciplinary
action is warranted.

On September 8, 1994, almost four months after the

Employee Conduct Report was filed regarding the Appellant,

Superintendent Payne, the appointing authority, determined that

misconduct allegedly occurred and that Corrective/Disciplinary

action is warranted and would be taken against the Appellant.

10
11

On approximately October 20, 1994, Superintendent Payne
issued a written notification to the Appellant that the
Appellant's pay would be reduced for a three month period

effective December 1, 1994 through February 28, 1995.

Respondent did not reduce the Appellant's pay effective

December 1, 1994 through February 28, 1995.

The

Then, on approximately May 26, 1995, one year after the

original ECR was filed against the Appellant, Superintendent

Payne sent a letter cancelling the October 20, 1994

disciplinary letter to the Appellant.

1994 disciplinary action concerning the Appellant had been

rescinded by the Respondent.

Thus, the October 20,

24
25
26

APPELLANT'S MEMORANDUM IN SUPPORT OF APPELLANT'S
MOTION FOR SUMMARY JUDGMENT - 8

MARION G. M. LEACH
WPEA Staff Attorney
Washlngton Public Employees Association
124 10th Avmue S. W.
Olympia. WAShington 98501
Telephone 943-1 121

Further, in the May 26, 1995 letter to the Appellant from
2
3
4

. Superintendent Payne, the Appellant was notified that the
Appellantts pay would be reduced for a three month period
effective June 16, 1995 through September 15, 1995 for the same
alleged misconduct stated in the October 20, 1994 letter.

6
7

One year after the ECR was filed against the Appellant and

eight and one half months after the appointing authority

determined that disciplinary action was allegedly warranted

against the Appellant, the Respondent notifies the Appellant of

the disciplinary action it intends to take against the

Appellant.

13
14

15
16

Clearly, the Respondent has violated Article 9.3 of the
collective bargaining agreement by failing to provide notice of
disciplinary action to the Appellant within sixty calendar days
from the date (September 8, 1994) the appointing authority
determined that disciplinary action was warranted.

The Personnel Appeals Board has the authority to consider

all defenses raised by employees in appeal of a disciplinary

matter, including an alleged violation of the Collective

Bargaining Agreement.

Goodman, 847 P.2d 29 (1993).

Employment Security Department v.

24
25

APPELLANT'S MEMORANDUM IN SUPPORT OF APPELLANT'S
MOTION FOR SUMMARY JUDGMENT - 9

MARION G. M. LEACH
WPEA Staff Attorney
Washington Public Employ_ Association
124\OthAvenueS.W.
OlympiA. Washington 9850\
Telephone 943-\\2\

A contract violation is a proper defense to a disciplinary
action.

Employment Security Department v. Goodman, supra.

Failure by the Respondent to comply with its own

disciplinary policy with regard to timely action may be cause

to set aside a disciplinary action.

corrections, 092-129.

8
9
10
11

Garner v. Department of

The passage of time and the failure by the Respondent to
invoke disciplinary action against the Appellant while the
alleged incident was fresh in everyone's mind has prejudiced
the Appellant's ability to defend against the charges.

See

Declaration of Traweek.

Memories have faded and witnesses are becoming harder to

find.

works for the Department of Corrections.

sUffering financial hardship because she has had to rebudget

the reduction-in-pay twice, and now her appeal has been delayed

because she has had to refile her appeal since the original

disciplinary letter was rescinded.

21
22

Dr. Badger, witness against the Appellant, no longer
The Appellant is

See Declaration of Traweek.

Basically the Appellant has been prejudiced because she
has had to readjust her life twice.

23
24

25
26

APPELLANT'S MEMORANDUM IN SUPPORT OF APPELLANT'S
KOTION FOR SUMMARY JUDGMENT - 10

MARION G. M. LEACH
WPEA Staff Attorney
Washington Public: Employees Associ.ltion
124ICthAvonueS.W.
Olympia. Washington 98501
Telephone 943-1121

2
3
4

Since there is probable prejudice to the Appellant by the
.Respondent's failure to follow the collective bargaining
agreement, the disciplinary action against the Appellant should
be dismissed.

6
7

8
9

IV.

CONCLUSION

Since no genuine issue as to any material fact material
fact exist and since as a matter of law the disciplinary action
against the Appellant should be dismissed, the Appellant's
Motion for Summary Judgment should be granted.

Respectfully Submitted this ~ day Of~L!
\

' 1995.

13
14
15
16

Mar10 G. M. Leach, WSB
Attorney for Appellant
WPEA Staff Attorney

15201

(sj/1z'abrle£/l>-m-O/lr7-1-95)

17
18

20
21

22
23
24

25
26

APPELLANT' S MEMORANDUM IN SUPPORT OF APPELLANT' S
MOTION FOR SUMMARY JUDGMENT - 11

MARION G. M. LEACH
WPEA Staff Attorney
Wasmnglon Public Employees Association
124 leth Awnue SW.
Olympia. WashinglOn 9850I
Telephone 943-1121

/R(lEfC/EOWlEfb)
JUL 11 1995

PERSONNEL'
APPEALS aoARp

1
2
3

BEFORE THE PERSONNEL APPEALS BOARD

STATE OF WASHINGTON

5
6

Beverly Traweek,

7
8
9
10
11

)
)

Appellant,

)

No. RED 95-0036

)

)
)

Department of Corrections,)

DECLARATION OF RICK
HALL IN SUPPORT OF APPELLANT'S
MOTION FOR SUMMARY JUDGMENT

)

Respondent.

)

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

12
13
14
15
16
17
18
19
20
21

--l

c::(

( ,!)

0 ::
0

I, Rick Hall, declare as follows:
I have been employed by the Washington Public Employees
Association for approximately two and one-half years.

I am the

WPEA Program Director of the Department of Correction Unit.

the WPEA Program Director of the Department of Corrections
Unit, I was on the WPEA collective bargaining team and
participated in the negotiations of the collective bargaining
agreement between the washington Public Employees Association
and the Department of Corrections which became effective June
25, 1993 and is currently in effect.

A copy of the collective

bargaining agreement between the WPEA and the Department of

DECLARATION OF RICK HALL - 1
MARION G. M. LEACH
WPEA Staff Attorney
Washington PubUc Employ_ AssociAtion
1241OthAwnueS.W.
Olympia. Washington 98501
TelephoM 90-112\

Corrections is attached hereto and made a part hereof by
. reference as Exhibit A.

4
5
6

8
9

10
11

12
13

Article 9.3 of the collective bargaining agreement
(Exhibit A) provides as follows:
A notice of disciplinary action will normally be
provided to the employee within sixty (60) calendar days
from the date the appointing authority determines that
disciplinary action is warranted.
During negotiations concerning Article 9.3 the word
"normally" was discussed.

The word "normally" in Article 9.3

was to provide an exception for extraordinary circumstances.
For example, disposition of crimi.nal charges against an
employee.

Extraordinary circumstances did not include mistakes

or mismanagement by the Respondent.

15
16

In no way did the parties to the collective bargaining

agreement intend to create an exception to the sixty

requirement of notice to include mistakes or mismanagements by

the Respondent.

20
21

22
23

In fact, in the previous collective bargaining agreement,
no time limit was required for the Respondent to give an
employee notice of disciplinary action.

The WPEA had

experienced several cases where the Respondent was taking an

24
25
DECLARATION OF RICK HALL - 2

MARION G. M. LEACH
WPEA Staff Attorney
Washington Pul>1ic Employees Association

124 10th AVft\ue S.W.
Olympia. Washington 98501
Telephone 94J.IlZ1

2
3
4

5
6

inordinate long period of time to notify the employees of what
.disciplinary action it intended to impose.

The employees

suffered severe emotional distress waiting for the hammer to
come down.

In fact, one employee suffered loss of appetite and

had problems sleeping while waiting for the Respondent to
decide what disciplinary action to take.

7
8

10
11

12
13
14

In order to provide a fair, timely, equitable and humane
process for employees to receive notice of disciplinary action
the sixty day notice requirement was negotiated.
In the present case, no extraordinary circumstances exists
to justify the Respondent's failure to give the Appellant sixty
days notice of the disciplinary action the Respondent intended
to impose.

15
16
17

I certify under penalty of perjury under the laws of the
state of Washington that the above is true and correct.
DATED this

day of July, 1995.

20
21
22
23

(sj/tradecha/Hn-5/~27-95)

24
25
DECLARATION OF RICK HALL - 3

MARION G. M. LEACH
WPEA Staff Attomey
Washington Public Employees Associalicn

124 10th Awnu~S.W.

Olym..... Washington 98501
T~I..,ho~

943-1121

(&lEfClED WlEfDJ
JUL 11 1995

PERSONNEL'
APPEALS BOARD

2
3
4

BEFORE THE PERSONNEL APPEALS BOARD

STATE OF WASHINGTON

6
7

8
9

Appellant,
v.

DEPARTMENT OF CORRECTIONS,

10
11

14
15

16
17
18

19
20

NO. RED 95-0036
AFFIDAVIT
OF SERVICE
BY MAILING

)

)
)

Respondent.

---------------,)

12
13

)
)
)
)
)
)
)

BEVERLY TRAWEEK,

I, Sue Jennings, being duly sworn, say that I am employed
by Washington Public Employees Association, and that on the
of _ _
J~u_l~y__, 1995, did place in the United States

10th

mail, a Notice of Hearing on Appellant's Motion for Summary
Judgment, Oral Argument Requested; Appellant's Motion for
Summary Judgment; Appellant's Memorandum In Support of
Appellant's Motion for Summary JUdgment; Declaration of Beverly
Traweek In Support of Appellant's Motion for Summary Judgment;
Declaration of Rick Hall In Support of Appellant's Motion for
Summary Judgment in the above-referenced case addressed to:

22
23

TO:

PERSONNEL APPEALS BOARD
KENNETH LATSCH, Executive Secretary
PO Box 40911
Olympia WA 98504-0911

25
AFFIDAVIT OF SEFVICE BY MAILING - 1

MARION G. M. LEACH
WPEA Staff Attorney
Washington PubUc Employees Association
124 10th Avet\ueS.W.
Olympi.>. Washington 98501
Telephone 943-1121

44 _ MWiMM

lSSJXqt.tvC,

.i.4WMs;.3M4&4J.Qi

....Mt.t.MUl.!..

.i.

.... h",;;:#P.:;zpqW.M44Mf#.&¥A.. ,

. q.

. .t,c A.d.

. WM.ttZ444WW¥¥t!!.

.,J,g;zg .

.us.

.oooorwx:;:v;(t·

AND TO:

LYNN WISE
Assistant Attorney General
PO Box 40145
Olympia WA 98504-0145

AND TO:

BEVERLY TRAWEEK
1601 Pottery Ave
Port Orchard WA 98366

3
4

5
6

8
9

10
11

SUBSCRIBED AND SWORN TO before me this

12
13

~--=

. 19q~

--------

day

14
15

/fJ~JtJ~

udith L. W1l11ams Walden,
NOTARY PUBLIC in and for
the State of Washington,
residing in Olympia.
,,/.
My commission expires 7i'2 f.t

17
18
19

I f'~/

20
21
22
23

25
AFFIDAVIT OF SERVICE BY MAILING - 2

MARION G. M. LEACH
WPEA Staff Attorney
Washington Public EmployOfl As5oci.lion
124 10th Avft\uo SW.
Olympia. Wouhington 98501
Telephone 'H).1121

BEFORE THE PERSONNEL APPEALS BOARD

STATE OF WASHINGTON

BEVERLY TRAWEEK,

Appellant,

) Case No. RED 95-0036

vs.
DEPARTMENT OF CORRECTIONS,

Respondent.
9

)
) NOT[CE OF SCHEDULING
)
APPELLANT'S MOTION FOR
)
SUMMARY
JUDGMENT
)
)
)
)

-----------_.)

Notice is hereby given of scheduling the hearing on the appeal before !.he Personnel Appeals

Board. The hearing will be held in the Personnel Appeals Board Hearing Room, 2828 Capitol

Boulevard, Olympia, Washington, on Monday, September 11, 1995, beginning at 1:30 p.m.

13
1.1

If the services of an interpreter are needed, nmify Personnel Appeals Board siaff at least

weeks prior to the hearing. The hearing site is barrier free and accessible to the disabled.

twO

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DATED lhis 17lh day of July, [995.

WASHINGTON STATE PERSO, NEL APPEALS BOARD

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Ke~rielh J. tSatsch, Executive Secretary
(360) 586-1481 or SCAN 321-1481

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cc:

Beverly Traweek, Appellant

Marion G.M. Leach, Attorney
Lynn Wise, AAG
Rick Hall, WPEA
Jennie Adkins, DOC

26
Personnel I\ppeals Board
2828 CapilOl Boulc\'ard
Olympia. WashinglOn 9g5~
(360) 586·1481

CERl1nCATE OF I'tf. "JING

I c:ertlf'y that I DIlliIed a copy of this do.. .lit by depositing it with
Consolidated Mall Sen'lces on July 6,1995 to aU parties or their
counsel of record. I certify under penalty of perjury of the laws of the
State of 115hlngtoD that the foregoing is true and correct.
Dated
uly
5
cey,

1
, '.

2
3
4

BEFORE THE PERSONNEL APPEALS BOARD
STATE OF WASHINGTON

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BEVERLY TRAWEEK,
Appellant,

NOTICE OF APPEARANCE

8
9

NO. RED 95-0036

STATE OF WASHINGTON,
DEPARTMENT OF CORRECTIONS,

Respondent.

KENNETH LATSCH, Executive Secretary, Personnel Appeals Board;
BEVERLY TRAWEEK, Appellant;
MARION LEACH, Attorney for Appellant.

PLEASE TAKE NOTICE that the Respondent, State of Washington, DEPARTMENT

OF CORRECTIONS, without waiving objection as to the sufficiency of service of process or

jurisdiction of this Board, does hereby enter its appearance in the above-entitled action, by and

through its attorneys, CHRISTINE O. GREGOIRE, Attorney General, and LYNN \\t1SE,

Assistant Attorney General, and requests that all further pleadings herein be served upon said

Respondent at the Office of the Attorney General at the address given below.

TO:

DATED this

_.5_-_ _ day of July, 1995.
CHRISTINE O. GREGOIRE
Attorney General

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C-~~~
LYNNWtsE

w.sB-fl(1f21654

Assistant Attorney General
Attorney for Respondent

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NOTICE OF APPEARANCE -1-

ATTORNEY GENERAL OF WASHINGTON
Labor & Personnel Division
905 Plum St. SEt Bldg. 3
PO Box 40145
Olympia, WA 98504-0145
(3601 664-4167

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 (800l 794-9732

Walla Walla Office • 401 W Main • Suite B
Walla Walla WA 99362 • (509) 529-8632
FAX (509) 525-5487
Toll Free (800) 529-9732

f5)
June 15, 1995

~ ~ ~ ~ W~ IT\\
0

L~ lb

JUN 1 6 1995
Kenneth Latsch
Executive Secretary
Personnel Appeals Board
PO Box 40911
Olympia WA 98504-0911
Re :

Bever~y 2'raweek v. Department of Corrections
Reduction in Pay Appeal

Dear Mr. Latsch:
Please find enclosed for filing purposes the Appeal Form of
Beverly Traweek with attachments, and Affidavit of Service
by Mailing in the above-referenced case. Please return a
conformed copy in the gold self-addressed envelope provided.
Sincerely,

~~.~~
Marion G. M. Le~ch
Staff Attorney
WSBA 115201
<sj/kl-61S/Hn-S/(,.1S-95)

Enclosures (2)
cc:

Alice Payne, WCCW
Lynn Wise, AAG
Beverly Traweek

~~~~~w~ru

APPEAL FORM

---...

JUN 1 6 1995

WASHINGTON STATE PERSONNEL APPEALS EOA1ID

2828 capito! Boulevam
P. o. Box 40911
Olympia, ~ 98504-0911

PH:
F~

SCAN 321-1481
(206) 586-1481
(206) 753-0139

FE28Ci'JNEL
:: 'IS 8'JARD

,~:=::

'Ibis fODn will help you provide necessaIy infoJ::mation to the Pexsonnel ~ BoaJ:d when
you file an appeal. You are .DQt. requiJ:ed. to use this fOJ:m; however, appeals ~ be filed
in accomance with the requirements set forth in Chapter 358-20 WAC.
If the space on the fOJ:m is ir.sufficient or if you wish to pz:ovide additional infoz:ma.tion,
you may attach additiona! pages.
PART I.

PRIN!' OR TYPE - SIGN ON PAGE 2
APl?ELLANI' IDENrIFICATION

NAME: ~~TRA~WE=E~Ko£.' ....lB~EV~E~RL~Y~All.:._----::""":"":::--~-:-:-~::-:-

(Last name, first name, middle initial)

HOME ADDRESS:

1601 POTTERY AVENUE

(Number and street)
PORT ORCHARD WA

98366

(City, state and ZIP code)
PHONE NUMBERS:

SCAN:
HOME:

Off-SCAN:

(Include area code).

(206) 858-4262
(~3:.:::6.:::.0'_)....;:8:;.:.7.:::.6-...:3::.::9~0~9

EMPLOYING AGENCY: _ _..:D:.:E:,:P.:.;A::.:RTME.:.:.::=N:.,:T:.....::.O=..F...;C:..::O:..:;R::,:RE:=,C::::.;T:.;:I::.::O::,:N:::,S

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

PART II.

BEPRESENrA'fiVE' S NAME, ADDRESS AND 'rELEPHONE NUMBER:
MARION G. M. LEACH
WPEA STAFF ATTORNEY
124 10TH AVE SW
QLYMPIA WA 9B5QJ

TELEPHONE: (360) 943-1121

An Appellant may authorize a representative to act in hisjher behalf.

The Board must be notified of any change in l:epresentation.
PART III.

'flPE OF APPEAL

Check one of the following to indicate the type of appeal you are filing:
--L....

c.
d.

e.
f.

Disciplinary:
(check applicable action(s».
Dismissal,
Suspension,
Demotion, -X.-.Reduction in Pay.
Disabj li ty SeparationMerit System Rule or State Civil service Law Violation
(complete PART IV. of this fom)
Reduction in Force
(complete PART IV. of this fo;cn)
Allocation (position classification)
(complete PART V. of this fom)
Oeclaratol:Y Ruling (see WAC 358-20-050)
Appeal Fonn

Revised 3-2-92

ATTACHMENT A

Job Classification:

RN2

Grounds:

The Respondent's allegations against the Appellant
are not true.

The Appellant was not inefficient, nor neglected
her duty, nor committed gross misconduct as
alleged.

The Respondent failed to follow the Collective
Bargaining Agreement between WPEA and DOC when it
disciplined the Appellant.

The Respondent violated the Appellant's Loudermill
rights.

Relief Sought:

Rescission of the Reduction in Pay discipline.

Back pay of the money taken because of the
Reduction in Pay.

That the Appellant's personnel file and all other
files maintained by DOC be purged and remain
purged of any and all information (including ECR
and attachments) regarding the reduction in pay.

For such other further relief the Board deems just
and equitable.

Meeting by Parties:

Since the May 26, 1995 disciplinary letter has been
issued, the parties have not met in an attempt to
resolve this matter.

(sj/bt·att-a/..m-5/~15-95)

•

ATTACHMENT B

RECE\VED
STATE 0F WASHINGTON

JUN 0 81995

DEPAATMENTOFCOARECTIONS
WASHINGTON CORRECTIONS CENTE" FOR WOMEN
P. O. BOX , 7 MS.WPtJ4 • 960' !3Uj.1i;ICh Rtf tV W • Gig Harbor. WA 98335·00 J;-

\N. P.E. .

May 26, 1995
CERTIFIED MAIL/CONFIDENTIAL
No. :z. i'19 ,If'',? r 3~ c'
Beverly D. Traweek
1601 Pottery Avenue
Port Orchard, Washington 98366
Ms. Traweek:
The disciplinary letter issued on October 20, 1994 is cancelled
and superseded by this letter. This is official notification
that you will be reduced in pay within your present class of
Registered Nurse 2, range N45, step P, $3,548 per month to step
L, $3,216 effective June 16, 1995 through September 15, 1995.
This disciplinary action is taken pursuant to the civil service
Law of Washington state, chapter 41.06 RCW, and the Washington
Administrative Code, Title 356 WAC (MSR), and sections 356-34-010
(1) (a) Neglect of duty; (b) inefficiency; and (h) gross
misconduct, and 356-34-020 Reduction in salary-OemotionProcedures.
Specifically, On May 14, 1994 Offender R., DOC# 640396, who has a
heart disease, presented herself to you with complaints of
dizziness, lightheadness and fatigue. In response, you admittedly
took her blood pressure and found abnormally low blood pressures
(less than 60 in the second figure). SUbsequently, you failed to
record the offender's complaints or blood pressures in the
medical record or chart (Primary Encounter Report, OOC 13-435).
Furthermore, you did not inform Dr. Christopher Badger, Medical
Duty Officer, of the complaint or low blood pressures. Instead,
you dismissed the offender from the clinic, and she returned to
her living unit without specific instructions. These incidents
are described in more detail in the Employee Conduct Report (ECR)
completed on september 8, 1994 which is attached hereto and
incorporated herein as Attachment #1 •

." .::' :-...

Beverly Traweek
Page 2
May 26, 1995
Minimum Health Record Documentation Requirements effective
September 3, 1993 states in pertinent part:
. "DEFINITION:
ENCOUNTER:
Any face-to-face contact made by a health
provider/practitioner (other than those occurring in
connection with a group session) with an offender,'whether
for diagnostic, therapeutic or instructional purposes, which
is sUfficiently substantive in nature to require an entry in
the clinical record, log or treatment record •..
HEALTH RECORD:
The record which contains all healthrelated information about an offender to include, but not
limited to, medical, mental and dental health items of an
identifying. nature, data bases, assessment, treatment plans,
diagnosis, treatment, progress, clinical events, and
discharge or other summaries .•.
PROCEDURE:
GENERAL DOCUMENTATION PRINCIPLES:
10. At the conclusion of each encounter, the health care
provider/practitioner shall document diagnosis, impression,
and/or assessment."
You understood it was your responsibility to thoroughly review
each section of the health care manual as evidenced by your
signature on the signature sheet dated October 30, 1993. Your
signature on this sheet certified that you reviewed. understood
and could perform each procedure outlined in the Health Care
Manual. A copy is attached hereto and incorporated herein as
Attachment #2.
As a Registered Nurse(RN) you have a duty to work efficiently,
exercise sound medical judgement and comply with standard nursing
practices which are a part of any basic nurses training. A
trained RN should know that a physician should be made aware of
any or all abnormal physical condition(s) found during a patient
examination and that it is required to record patient contact
(i.e. vital signs) in medical charts and records whenever a
patient is examined or treated. Recording requirements and
standards were reinforced by clinic practices regarding medical
record documentation as published under "Minimum Health Record
Documentation Requirements" in the nurses procedures manual at
this institution as stated above

Beverly Traweek
Page J
May 26, 1995
You neglected your duty and were inefficient when you admittedly
"forgot" to write the offender's complaints and blood pressure
readings in her medical records on May 14, 1994 in order to be in
compliance with standard nursing practices and the "Nurses
Procedure Manual" located in the clinic. Forgetting to record
critical medical information related to the progression of a
heart patients condition and treatment places the patient at risk
for severe medical complications and thereby cannot be
tolerated.
You further neglected your duty, were inefficient and committed
an act of gross misconduct when you failed to notify Or. Badger,
the Medical Duty Officer, of the offender's complaints and blood
pressure levels. You ,state that you didn't contact Dr. Badger
because the offender had shown abnormally low blood pressure in
the past. But, according to Dr. Badger, your actions could have
had serious implications as stated in his memorandum to Donna
Morgan dated May 18, 1994 (Attachment #1, page 5 of 9) in
pertinent part:
" ••. The occurrence of this episode is extremely disturbing
because Inmate R. has significant ischemic heart disease for
which she receives a variety of medications. The level of
her blood pressure was such that she would be at risk for
life threatening complication such as a heart attack or a
... (stroke) as injury from a syncopal episode if the low
blood pressure continued. Fortunately, Inmate R. is quite
insightful regarding her illness and its treatment. She
appropriately attributed this low pressure to her medication
changes and,discontinued the Prozac on her own. Fortunately,
this was sUfficient to correct the hypotension and there
were no adverse consequences. Her blood pressure on May 16,
1994, was 110/80 .•• "
A review of your personnel file was conducted to assist me in
determining an appropriate sanction. Overall your work
performance was rated "normal" with a few areas assessed as
"exceeds". Other information from your personnel record which is
pertinent to this review include:
1.) Letter of appreciation - reporting for work under
extreme weather condition.
2.) Letter of commendation - actions reSUlting in saving a
staff's life.
Your work performance has been good in some respects, however
there is a previous incident in which you failed to follow
established written procedures and demonstrated indifference in
complying with those reporting procedures.

Beverly Traweek
Page 4
May 26, 1995
This incident coupled with your present actions begins to
establish a pattern in your behavior which is of concern.
In determining the appropriate disciplinary action in this case,
I have weighted both your overall work history and your
willingness in assuming responsibility for your conduct as
expressed during our meeting on August 18, 1994. Therefore I am
persuaded that a reduction in your salary is appropriate for
these circumstances.
The delivery of poor Health Care performance which jeopardizes
patient care or safety cannot and will not be tolerated at this
institution. You are warned that future acts of this nature may
result in further disciplinary action including dismissal.
Under the provisions 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 (30) days
after the effective date stated in paragraph 1 of this letter. As
an alternative, You may file a grievance under the provisions of
Article 10 of the Collective Bargaining Agreement between the
Department and the Washington Public Employees Association. If
you elect to appeal this action to the Personnel Appeals Board,
you may not pursue a grievance over the same issue.
The WACS, Department policies and Collective Bargaining Agreement
are available for your review upon request.

.-)

' ~
~.-.-;....,./~
.
Alice Payne"
Superintendent
/

('.

/;"

AP:rjt
Attachments
cc:

Jennie Adkins, Director, DHR (w/o/a)
Kathy Nolan, Division Chief, Labor & Personnel Division
Eldon Vail, Assistant Director, Command B (w/o/a)
Donna Grazzini, Area Personnel Manager, DHR
Robert Turk, Personnel Officer, wccw
Personnel file

c:wp\displtr\trawec!k.dI2

..l.P::; 7: '1.2 PGARD

2
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BEFORE THE PERSONNEL APPEALS BOARD

STATE OF WASHINGTON

BEVERLY TRAWEEK,

8
9

10
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Appellant,
v.
DEPARTMENT OF CORRECTIONS,
Respondent.

)
)
)
)
)
)
)
)
)
)

NO.
AFFIDAVIT
OF SERVICE
BY MAILING

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

12
I, Sue Jennings, being duly sworn, say that I am employed

13
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by Washington Public Employees Association, and that on the

t:5+~

• 1995. did place in the United States

mail, an Appeal Form in the above referenced case addressed to:

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TO:

PERSONNEL APPEALS BOARD
KENNETH LATSCH, Executive Secretary
PO Box 40911
Olympia WA 98504-0911

22
23

AND TO:

ALICE PAYNE
Superintendent
WASHINGTON CORRECTIONS CENTER FOR WOMEN
PO Box 17
Gig Harbor WA 98335-0017

25
26

AFFIDAVIT OF SERVICE BY MAILING - 1
MARION G. M. LEACH
WPEA Staff Attorney
Washington Public Employees Association
124 10th Avenur S.W.
Olympia. Washington 98501
T~hone 943-1121

1
2

AND TO:

LYNN WISE
Assistant Attorney General
PO Box 40145
Olympia WA 98504-0145

3
4
5

6
7

8
9

SUBSCRIBED AND SWORN TO

befor~

me this ......:....=...------ day

, 199£

)/~II~

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Judith L. Williams Walden,
NOTARY PUBLIC in and for
the State of Washington,
residing in Olympia.
My commission expires ~~¥'%

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AFFIDAVIT OF SERVICE BY MAILING - 2
MARION G. M. LEACH
WPEA Staff Attorney
Washington Public Employees Association

12410lhAvm".S.W.
0IympU. WaslWIgton 9llS01
T.ltphone 94J.1l21