STATE OF WASHINGTON

DEPARTMENT OF CORRECTIONS
MONROE CORRECTIONAL COMPLEX
P:0. Box 777 • Monroe, Washington 98272·0777 • (360) 794·2600
FAX (360) 794·2569

October 12,2011
Jose Briones

RE:' Letter of Reprimand

Mr. Briones:
Notification of
Disciplinary
Action
Misconduct

This letter is to officially reprimand you for your misconduct on January 29,
2011. This disciplinary action is in accordance with Washington
Administrative Code (WAC) 357-40, Discipline.
This disciplinary action is for the following misconduct while perrorming
. your duties as a CorrectionaLLieutenant at the Washington State Reformatory
Unit (WSRU) of Monroe Correctional Complex:
•

On January 29,2011, you inaccurately documented that staff and
visitors were accounted for during a missing offen'der emergency.

• . On' January 29,2011, you inaccurately documented that notification
was ~ade to perimeter staff; and that the perimeter had been
reinforced, during a missing offender emergency.
Investigation

Workplace Investigator Cindy Greenslitt completed a fair and thorough
investigation into this matter. A copy ofthe report, which describes these
charges in detail, was provided to you on July 25,2011.

Predisciplinary
Meeting

lheld a pre-disciplinary meeting with you on July 27,2011. Also present was
James Bennett, Human Resources Consultant. At this meeting, we discussed
the investigation and the allegations brought against you. During the
meeting, you admitted the following:
1) The investigative report submitted by Investigator Greenslitt dated
July 13, 2011, was accurate; however, you said that you did not
intentionally falsify any documents indicating that staff and visitors

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were accounted for, nor did you purposefully fail to notify perimeter
staff to reinforce the perimeter on January 29; 2011.
2) The Initial Emergency Checklist dated January 29,2011, signed and
initialed by you, states that the required action under "Isolate and "
Contain," Accountfor staffand ViSitOl;S, "was completed at 2120
hours.
3) Prior to you taking command·from Lieutenant RodneyShimogawa on
January 29,2011, you were under the impression that the initial phase,
to account for staff, perimeter notification and perimeter
reinforcement, had been completed.
4) When you took command from Lieutenant Rodney Shimogawa on
January 29,2011, you were under the impression that 'Office Jayme
Biendl had departed the facility because her assigned shift ended at
2100 hours.

Awareness of
Standard~

Your behavior was in violation of your WSRU Shift Lieutenant Post Orders
(Attachment 1), which state in'part:

Zone of Control: The Shift Lieutenant is responsible for all security
functions, buildings, and structures of the Washington State Reformatory
Unit The Shift Lieutenant is the WSRU Initial Incident Commander
during emergency situations/incidents.
Additionally, as Incident Commander, when you did not ensure and verify
infonnation prior to signing off on it, you violated DOC Policy 410.050
Emergency Management Plan, which states ill part: '
DIRECTIVE:
VIII.

Phases of Response
A. The Incident commander will manage the incident from a
remote, secure location. The Incident Commander will use
the attached Emergency Checklists to ensure the following
phases of response are implemented during an emergency:
1. Detect and Notify
c. Using available resources, the Incident Commander
will ensure verification of the situation ifthere is any
,question about the nature, extent, or validity of the
emergency. '

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Your actions were also in violation of the Department Expectations and .
CORE Competencies outlined in the Department of Corrections Employee
Handbook, specifically, Safety, Accountability, Judgment and Problem
Solving, and Communication. These policies, post orders, and expectations
communicate the importance of safety, accountability, and proper emergency
management. By your actions, you failed to adhere to these Tequirements and
expectations.
You were aware ofthese policies and expectations. On January 8, 2003, you
signed an Acknowledgement of Receipt ofthe Employee Handbook and
agreed to become familiar with and'have thorough knowledge and
.understanding of its contents. (Attachment 2)
DetermiIiation
of Sanction

When determining that this discipline was appropriate, I reviewed your
previous work history, length of service, training provided, and previous
disciplinary actions.
As Incident COlnmander on January 29, 2011, your failure to properly
account for staffis very concerning and was a contributingJactor in the
extended time period between when Offender Byron S. was located in the
Chapel and when it was discovered that Correctional Officer J aYme Biendl
was unaccounted for. Your failure to verify your admitted "impressions" and
"assumptions" of what had occurred prior to your shift affected the safety and
security oHhe institution and will not be tolerated. In addition, the fact that
you signed off on documents, that you did not personally have knowledge of,
is irresponsible and unacceptable, especially for one in your position of
leadership.
When you assumed the duties of a Washington Management Service (WMS)
employee, with it came the expectations of the pepartmeilt that as a VVMS
manager you would demonstrate the highest standards ofbehavior, integrity,
ethics, character, judgment, professionalism and leadership in carrying out
your extremely significant duties and responsibilities. Also with that
appointment came the expectation that you would perform your duties withiI,l
the' scope of agency policy and that you would demonstrate and model
appropriate behavior for your subordinates to emulate.
Washington Administrative Code 357-58-005, "",,7hat is the key role and
accountability for ashington management service in state
government?" states, in part: .

"7

State managers are expected to personally commit to demonstrating
excellent leadership competencies ....Also, it is essential that agency
leaders hold their managers accountable for properly leading and
managing their human resources - their employees.

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October 12, 2011
Page 4 of4

Accordingly, I have determined that this Letter of Reprimand is the
appropriate level of discipline. This disciplinary action is intended to impress
upon you the gravity ofyour misconduct and provide you with sufficient
incentive to correct your behavior.
'
Future
Expectations ,

In the future, it is my expectation that you will seek to meet and/or exceed the
expectations of a Washington MaJ:!.agement Service employee. You are to be
the role model for others to emulate and model. It is also my expectation that
you embrace the Department's Core Competencies for all staff and use them
as a road-map in your day to day performance as a leader and corrections
professional at the Monroe' Correctional Complex and the Department of
Corrections. As Correctional Lieutenant and InCident Commander, you are to
ensure that all emergency management plans are followed entirely and
properly.
I expect that you will henceforth adhere to policies, directives, and direction
given to you by the Department of Corrections. Any further misconduct on
your part may result in further disciplinary action, up to and including
discharge.

SF/sl
cc:

Donna Haley, Human Resources Director
Labor Relations
:Personnel File (including investigation)

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.

Read a.ndbeknowledqeableof,JloarPos{Manual

Zone of Control: The Shift Lieutenant is responsible for- all security functions, bUildings, and structures
of the Washington State Reformatory Unit. The Shift Lieutenant is the WSRU Initial Incident Commander
during emergency situations/incidents. During a facility-wide emergenoy serves as the Mce Initial
Incident Commander. QRST response to MSU will be from WSRU. Be familiar with. the DOC 410 series
of policies covering Emergency Response. Be knowledgeable of National Incident Management Systen1
(NIMS) and the 'Incident Command System (ICS).
Key Contra!: Check out key ring
I from
I Be knowledgeable of MCC 420.250, Key
Control. Review and sign the restricted and emergency key logs in
daily.
Use of Firearms, Chemical Aaents. Restraints.and/or Physical Force: One set of handcuffs is
assigned to this post. Ensure only qualified personnel are assigned to armed posts, ensure only
qualified personnel use 'chemical agents (Le. OC), the E.I.D., and ~pecialty impact weapons/munitions.
Ensure ·staff assigned to the Quick Response Strike Team ar.e trained in the use of force. Be familiar
with DOC 410.200 Use afForce, 410.230 Use of Deadly Force, 420.250 Use of Restraints, and 420.255

Emergency Restraint Chair.
Movement Procedures: Offender movement is controlled by the institution movement schedule, and

.will be announced by main control. The Shift Lieutenant must authorize other group offender movement.
Any movement at other times will be done througn the pass system. Ensure that movement is halted for
any significant event, and that the unit. is .Iocked down in the event that a
Response is
activated. Direct the Sergeants to ensure that sufficient staff' are available to sup.ervise movement. Be
familiar with proper offender escort methods.
.
Search Procedures: You will routinely monitor and ensure that random searches are conducted of
offenders, packages, closets, and any or all other items within, entering or leaving· your zone of control.
Weekly, checks of oncoming shifts will be conducted to monitor staff allowable items. You are
responsible for monthly common area searches utilizing the following designation: Shift One Lt. (Shop
Building 4, EFV compound, Yard - electronic search); Shift One RDO Lt. (Education Bldg. 1, Ed. Bldg.
2, Chapel); Shift Two Lt. (Hobby Shop, Fieldhouse, Shop Bldg. 2); Shift Two RDO Lt. (Inmate Kitchen,
Basement); Shift Three Lt. (PAB, Shop Bldg. 3, Steam Tunnel); Shift Three ROO Lt. (Shop Bldg. 1)
Count Procedures: The Shift Lieutenant will observe officer count procedures on their assigned shift at
and
least once per month and document in area logbook. Initiate formal counts at:
- - hours. Informal Counts may be conducted at your discretion to ensure striCt accounting of all
offenders assigned to WSRU. Direct Sergeants t6 observe count on a regular basiE? The Shift
Lieutenant will formally clear all WSRU formal counts. The Shift Lieutenant will ensure compliance with /
all asp~cts 'of MCC 420.150, Counts.
AlTACHMENT #.'
I

Post" Operations: You are responsible for direct supervision of the Shift Sgt, ZO~~~l. Jlo(PitaRfgt,
Kitchen Sgjt. and the .Main Control Sgt. The Shift Lieutenant will monitor and ensure compliance with all
DOC policies and MCC Operational Memorandums. Routinely tour all posts in your zone of control, and
ensure staff is knowledgeable in their duties and responsibilities. Each Lieutenant is responsible to
complete the folloWing tasks monthly: Review and sign ERP manual one; Conduct a tabletop
emergency response drill and submit documentation to the Captain; Conduct a functional emergency
response drill, same topic as tabletop, and submit documentation to the Captain; Conduct a perimeter
security inspection and submit documentation to the Captain; Ensure QRST training, and readiness.
Each Lieutenant is responsible as needed to complete the following tasks daily: Roster/Shift Summary
WSRU Shift Lieutenant

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.Employee Name (Please Prin.t)

AC-KNOWLED-G-EM:ENT O'F ·R:ECEI:PT OF
DOC- EMPLOYEE HAND~BOOK
I acknowledge receipt of the June 2002" Washington State
'. Department of Corrections ,EmpJoyeeHandbook and agree to
become familiar with and have thorough knowledge a'nd
understanding of the contents.
. .

'«A. EriO/JeJ f

OJ-OC(,. UJo..5
Date

Employee· Signature

Original"':' Personnel File

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ATTACHMENT #:
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PAGE
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STATE OF WASHINGTON

DEPARTMENT OF CORRECTIONS
MONROE CORRECTIONAL COMPLEX
P.O. Box 777 • Monroe, Washington 982172-0777 • (360) 794-2600
FAXJ360) 79~-2~69

October 12,2011
Rodney Shimogawa

RE: Letter.ofReprimand
Mr. Shimogawa:
Notification of This letter is to officially reprimand you foryour misconduct on January 29,
Disciplinary
20n. This disciplinary action IS in accordance with Washington
Action
Administrative Code (WAC) 3.57-40, Discipline.
Misconduct

This disciplinary acti(~m is for the following misconduct while.performing
your duties as a Correctional Lieutenant at the Washington State Reformatory
Unit (WSRU) ofMomoe Correctional Complex:

... On January 29,2011, you failed to account for staff and visitors
during a missing offender emergency.
•

.

On January 29,2011, you failed to notify perimeter staff and/or'
reinforce the perimeter during a missing offender emergency.

Investigation

Workplace Investigator Cindy Greenslitt completed a fair and thorough
investigation into this matter. A copy of the report, which describes these
charges in detail, was provided to you on July 25,2011.

Predisciplinary
:Meeting

I held a pre-disciplinary meeting with you on August 8, 2011. Also present
was James Bennett, Human Resources Consultant. At this meeting, we
discussed the investigation and the allegations brought against you. During
the meeting, you admitted the following:

1) That on January 29, 2011, you failed to account for staff, visitors, and
offenders.
2) That on January 29,2011, you failed to notify perimeter staff and/or
reinforce the perimeter during a missing offender emergency.
<I

~

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October 12, 2011
Page 20f3

Awareness of
Standards

Your behavior was in violation of your WSRU Shift Lieutenant Post Orders
(Attaclunent 1), which state in part:
Zone~of-eontrol:The-Shift-Lieutenant-is responsible for~all-security
functions, buildings, and structures of the Washington State Refonnatory
Unit. The Shift Lieutenant is the WSRU Initial Incident Corumander
during emergency situations/incidents.

.Additionally, as Incident Commander, when you failed to follow the
Emergency Checklists, you violated DOC Policy 410.050 Emergency
Management Plan, which states in part:

DIRBCTNE:
VIII.

Phases of Response

will

manage the incident from a
A. The Incident commander
remote, secure location. The Incident Comtnander will use
the attached Emergency Checklists to ensure the following
phases ofresponse are implemented during an emergency:
Your actions were also~nviolationofllie Dypartment Expectations and
CORE Competencies outlined in the Department of Corrections Employee
Handbook, specifically, Safety, Accountability, Judgment and Problem
Solving, and Communication. These policies, post orders, and expectations
communicate the importance of safety, accountability, and proper emer:gency
management. By your actions, you failed to adhere to these requirements and .
expectations.
.
You were aware of these policies and expectations. On January 10, 2006, you
signed an Acknowledgement of Receipt ofthe Employee Handbook and
agreed to become familiar with and have thorough knowledge and
understanding of its contents. (Attachment 2) .

Determination When detennil~ing that this discipline was appropriate, I reviewed your
of Sanction
previous work history, length of service, training provided, and previous .
disciplinary actions.
As Incident Commander on January 29,2011, your failure to properly
account for staff is very conceming and was a contributing factor in the
extended time perio.d between when Offender Byron S. was located in the
Chapel and when it was discovered that Correctional Officer Jayme Biendl
was unaccounted for. Your failure to notify the perimeter staff and/or
reinforce the perimeter when an offender was missing negatively impacted
the safety and security of the institution and will not be tolerated.

PDU-17612

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October 12,2011
Page 3 of3

"When you assumed the duties of a Washington Management Service (WMS)
employee, with it came the expectations of the Department that as a WMS
manager you would demonstrate the highest standards ofbehavior, iIitegrity,
ethics, character, judgment, professionalism-and leadership in carrying out
-your-extremely significant-duties .and-responsibilities..Also.withJhat
appointment came the expectation that you wouldperforrn your duties within
the scope of agency policy and that you would demonstrate 'and model
appropriate behavior for your subordinates to emulate.
Washington Administrative Code 357-58-005, "What is the key role and
accountability for Washington management service. in state
gov~rnment?" states, in part:
State managers are expected to personally commit to demonstrating
excellent leadership competencies ....Also, it is essential that agency
leaders hold their managers accountable for properly leading 'and
managing their human resources -their employees. .
Accordingly, I have determined that this Letter of Replimand is the
appropriate level of discipline. This disciplinary action is intended-to impress
upon you the gravity of your-misconduct and provide you with sufficient
incentive to correct your behavior.

Future
. Expectations

In the future, it is my expectation that you will seek to meet and/or exceed the
expectations of your position and to be a role model for others to erimlate and
model. It is also my expectation that you embrace the peparhnent's Core
Competencies for all staffand use them as a road-map in your day to day
performance as a leader and corrections professional atthe' Monroe
.Correctional Comple~ and the Department of Corrections.
I expect that you will henceforth adhere to policies, directives,.and direction
given to you by the Department of Corrections. Any further misconduct on
your part may result in further disciplinary action, up to and including
discharge.

cott Fr es, Superintendent
Monroe Correctional Complex
SF/sl
cc:

Donna Haley, Human Resources Director
Labor Relations
Personnel File (including investigation)

PDU-17612

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-,-'- Reifdiaha;be·knbWleageabJe'of:vour;Post''Mamjal-- '- --_. -'., -.. -- .-.-Zone of Contra!: The Shift Lieutenant is 'responsible for~ all security functions, bUildings, and structures
oUhe Washington State Reformatory Unit. The Shift Lieutenant is,the WSRU Initial Incident' Commander
during emergellCY situations/ir.lcidents. During a facility-wide emergency serves as the MeC, Initial
Incident Commander. QRST response to MSU will be from WSRU. Be familiar with the DOC 410 series
of policies covering Emergency Response. Be knowledgeable orNational Incident Management System
(NIMS) and the Incident Command System (ICS) .
. Key Control: Check out key ring
from
I Be knowledgeable of MCC 420.250, Key
'Control. Review and sign the restricted and emergency key logs ir
daily.
I

Use df Firearms. Chemical 'Agents. Restraints and/or Physical Force: One set of handcuffs is
assigned to this post. .Ensure only qualified personnel are assigned to armed posts, ensure only
qualified personnel use chemical agents (Le. OC), the E.ID., and specialty impact weapons/munitions.
Ensure staff assigned to the Quick Response Strike Team ar.e trained in the use of force. Be familiar
.with DOC 410.200 Use of Force, 410.230 Use of Dead/y Force, 420.250 Use of Restraints, and 420.255
Emergency Restraint Chair.
Movement Procedures: Offender movement is controlled by the institution movement schedule, and
will be announced by main control. The Shift Lieutenant must authorize other group offender movement.
Any movement at other times wilL' be done through the pass system. Ensure that movement is halted for
IResponse is'
any significant event, and that the unit. is locked down in the event that a
activated. Direct the Sergeants to erisure that sufficient staff are available tc) supervise movement. Be
familiar with proper offender escort methods.
Search Procedures: You will routinely monitor and ensure that random searches are conductec;f of
offenders, packages, closets, and any or all other items within, entering or leaving your zone of control.
Weekly, checks of oncoming shifts will be conducted to monitor' staff allowable items. You are
responsible for monthly common area searches utilizing the following designation: Shift One Lt. (Shop
Building 4,EFV compound, Yard - electronic search); Shift One ROO Lt. (Education Bldg. 1, Ed. Bldg.
2, Chapel); Shift Two Lt. (Hobby Shop, Fieldhouse, Shop Bldg. 2); Shift Two RDO Lt. (Inmate Kitchen,
Basement); Shift Three Lt. (PAB, Shop Bldg. 3, Steam Tunnel); Shift Three ROO Lt. (Shop Bldg. 1)
Count Procedures: The Shift Lieutenant will observe officer count procedures on their assigned shift at
and
least once per month and document in area logbook. Initiate formal counts at:
Ihours. Informal Counts may be conducted at your discretion to ensure strict accounting of all
offenders assigned to WSRU. Direct Sergeants to observe count on a regular basi~. The Shift
Lieutenant will formally clear all WSRU formal counts. The ,Shift Lieutenant will ensure compliance with '/
all aspects of MCC 420.150, Courits.
ATTACHMENT :#._ _~_

.

.

PAGE

/

OF

Post Operations: You are responsible for direct supervision of the Shift Sgt, Zone Sgt. Hospital Sgt,
Kitchen Sgt. and the Main Control Sgt. The Shift Lieutenant will monitor and ensure compliance with all
DOC policies andMCC Operational Memorandums. Routinely tour all posts in your zone of control, and
ensure staff is knowledgeable in their duties and responsibilities. Each Lieutenant is responsible to
complete the following tasks monthly: Review and sign ERP manual one; Conduct a tabletop
emergency response drill and submit documentation to the Captain; Conduct a functional emergency
response drill, same topic as tabletop, and submit documentation to the Captain; Conduct a perimeter
security inspection and submit documentation to the Captain; Ensure QRST training, and readiness.
Each Lieutenant is responsible as needed to complete the following tasks daily: Roster/Shift Summary
WSRU Shift Lieutenant

PDU-17612

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,,'

J

1"

.

Emplo .ee Name··(P.lease 'Print)

. ACKN.OWLEDGEM'ENT O',F ,RECEIPT OF
D.OC EMiPLOY'E'E 'HAN~DIBOO·K
.'

,
,"

I

~

\,

I acknowledge receipt 'of the June 2002 Washington State
.' Q~partment of Corrections Employee Handbook and agree
to become 'familiar with and, have a thorough knowledge
and understa.nding of the contents. '

Original-..;Personnel File

.

.J-

ATTACHMENT /I:
I
PAGE
/
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9/18/02

PDU-17612

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STATE OF WASHINGTON

DEPARTMENT OF CORRECTIONS
MONROE CORRECTIONAL COMPLEX
P.O. Box 777 • Monroe, Washington 98272-0777 • (360) 794-2600
FAX (360) 794-2569

PERSONAL AND CONFIDENTIAL DELIVERY
October 25,2011
Christopher Joh11son

1Vn. Johnson:
Notification of This is official notification that I am demoting you from your Corrections and
Custody Officer 3 (Sergeant) position #BM79 toa Corrections and Custody
Disciplinary
Officer 2 position, effective October 26, 2011. This disciplinary action is
Action
being taken pursuant to Article 8 of the Collective Bargaining Agreement
between the State of Washington and Teamsters Local Union 117.
Misconduct

This disciplinary action is for the following misconduct:
For the period ofNovember 2010, throughJuly 9,2011, you failed to take
appropriate action, or to take action as directed by your chain of command,
when you became aware that Corrections and Custody Officer 2 David
Young was habitually outside ofhis assigned zone of control, Zone 3,
including during offender movement. Specifically:

.

(

•

As the Shift Sergeant for Third (3rd) shift at WSR, you received
multiple reports from other Correctional Officers regarding Officer
Young repeatedly not being in his zone of control and standing for
movement. Additionally, you received multiple reports from
Lieutenant Rodney Shimogawa regarding the R&M's, including
Officer Young, not being in their assigned zone and post during
movements. You failed to address tllis behavior or take appropriate
action.

•

Since December on 2010, you received multiple reports from Sergeant
Jimmy Fletcher surrounding Officer Young repeatedly not being in his
assigned zone arid post for movement. Sergeant Fletcher also notified
you about other situations· surrounding Officer Young's poor security
practices. Again, you failed to address this behavior or take
appropriate action.
"Working Together for SAFE Communities"

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Page 2 of4

•

Lieutenant Shimogawa directed you to document Officer Young's·
unacceptable perfonnance, which you failed. to do.

..

You ~ere given a Directive by your supervisor, Lieutenant Kenneth
Hellman, to look into the allegation that Officer Young was failing to
be in his assigned zone and if true you needed to fix it. You failed to
follow his direction or take appropriate'action.

II

Officer Young's supervisor, Sergeant Fredrick Crabtree reported you
never infonned him of any ongoing perfonnance issues with Officer
Young.

Investigation

Workplace Investigator Tim Birley completed a fair and thorough
investigation into this matter. A copy of the report, which described these
charges in detail, was provided to you on August 18,2011.

Predisciplinary·
Meeting

I scheduled a pre-disciplinary meeting with you for August 23, 2011.
Teamsters Business Representative SarenaDavis provided notice on August
22,2011, stating that you would not he attending the.pre-disciplinary meeting
in person nor would you respond in writing.

Awareness of
Standards

'Your behavior violated DOC Policy 400.200 Post Orders and Post Logs
(Restricted Policy), Perfonnance Expectations set by your Supervisor signed
and dated by you on March 25,2010, Department Expectations and CORE
Competencies outlined in the Employee Handbook. Specifically, Safety,
Accountability, Judgment and Problem Solving, Communication and Ethics
and Integrity. In June of 2002, you received and signed an acknowledgement.
of receipt of the DOC Empioyee Handbook and agreed to become familiar
with and have a thorough lmowledge and understanding of its contents.
(Attachment #1)
On July 12, 1999, you received and signed a New Employee Checldist,
aclmowledging that you understood your responsibility to familiarize yourself
with the local institution/office policies and procedures, DOC policies and
procedures, pertinent post orders, the duties described in your classification
questionnaire and the expectations of your work unit. (Attachrr!ent #2)
As a Shift Sergeant for three (3) years and prior to that, a Response and
Movement (R & M) Officer, you are familiar with the policies and procedures
surrounding offender movements and the importance of R~M Officers to be
. in their assigned zones to monitor these movements.

PDU-17612

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10/25/2011
Page 3 of 4

The Department provides for the safety and security of staff, offenders, and
visitors by establishing movement procedures in which the Response and
Movement Officers are responsible for being in assigned zones during
ciffenaer moveinents.-1t waKyour fespdnsibilityt6 deatpromptly with
perfonnance problems by working with staff to diagriose problems, develop
solutions, monitor progress, and take effective action when the situation
warranted.
Multiple staff, peers, and supervisors informed you about Correctional
Officer David Young's continued ongoing·performance issues. You failed to
take appropriate action, even after being directed by both Lieutenant
Shimogawaand Lieutenant Hellman to do so.

Determination Vlhen determining that this discipline was appropriate, I reviewed your
previous work history, length of service, training provided, and previous
of Sanction
disciplinary actions. I found no prior disciplinary history on file. However,
your failure to effectively manage your shift and follow the directives of one
or more supervisors to address Officer David Young's perfonnance issues,
and continued failure to be in his assigned zone during offender movements, .
is irresponsible and very disconcerting.
Your failure to address multiple reports of Officer David Young's failure to
mamtain a security mindset and his repeated failure to be in his. assigned zone
of control, especially on January 29, 2011, is disturbing to me and contributed
to the fact that offenders were not being closely monitored during the 2030
hours recall movement. Your failure as a supervisor to ensure staffwere in
their proper locations may have been a contributing factor in extending the
period of time before it was noticed that Correctional Officer J ayme Biendl
had not been accounted for.
You were given clear directives from both Lieutenant Shimogawa and
Lieutenant Hellman to address and document Officer Young's unacceptable
behavior and you failed to follow their directives. Your poor deCision as a
Shift Sergeant affected the safety and security of the facility and put the
Department at risk.
As a Correctional Sergeant, you are responsible to serve as a fole model and
follow institution and department policy. Other staff should look to you for
leadership and direction. Rather than setting an example of diligence and
trustworthiness, you neglected your responsibilities as a supervisor and failed
to progressively address and document Officer Young's inappropriate
behavior.

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Page 4 of4

Accordingly, I hav~ detennined that demoting you to Corrections and
Custody Officer 2 is the ~ppropriate level of discipline. I have lost faith in
your ability to effectively perform supervisory duties -and adequately manage
staff under your direct supervision. It is my hope that removing-you from a
superVlSory'iole'wnrconveyT6 you thesenousness wifE which I vie~l yoUr .
offense, prevent reoccurrence, deter others, and maintain respect for our
agencies role of supervisors and monitoring offender movement. Further, this
disciplinary action is intended to impress upon you the gravity of your
misconduct and provide you with sufficient incentive to correct your
behavior.
Future
. Expectations

I take this incident very seriously. I will riot tolerate your disregard for
direction provided to you by the Department of Corrections.
I expect that you will henceforth adhere to policies, directives and direction
given to you by the Department of Corrections. Any further misconduct on
your part may result in further disciplinary action, up to and including
discharge.
.

Appeal Rights

Under the provisions of Article 9 of the Collective Bargaining Agreement,
you may appeal this discipline.

Scott Frakes, Superintendent
Momoe Correctional Complex
cc:

Donna Haley, Human Resources Director
Labor Relations
Payroll (first paragraph only)
Personnel File (including investigation)

PDU-17612

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.;d

Employe·e Name (Please Print)

ACKN,OWLEurGEMENT O'F RECE~·;PT OF
DOC EMPLOYEE HANDBOOK
., acknowledge recenptof the June 2002 Washu·ngto-n State
·Department of Correcti.ons Employee Handbook and agree
to become famiUar wHth and have a thorough knowDedge
and un.derstand~UlJg of the contents..

Employee
Signature

·Original·-Personnel File

PDU-17612

000016

:DEJPARTMENT OF CORRECTIONS
NEW :EMPLOYEE CHECKLIST

~ 'J' :

C

NAME

f"f,t~.. l.s Tc:Jfr.r;ISL 'J.!/./

'.. rTO'irlA)!:>(j'/'l/'

DATE__7_/l_I..=2..:;;.../_Cj.:-.+7_ _PoSITION__C_/_CJ

OFF.ICE/IN·S+ITU.T.ION_ _
"V~·
.. ;.:,.S_.fL
,

1.

~.'

'SUPERVTSOR

_

'_.'

.STATEWTDE'A:CKN.O~1E6GMEN.TS ..
.....,- ..... _.. :

A.

...

_

'

"

"RECEIPT OF HANDBOOK:
I acknowledge receipt of the Employee Handboo}c,
Washington St·ate Department of :corrections, and agree ..:tobecome . familiar
with ,:, and )lave a 'thorough Jcnowiedge .and understariB'i:ng 0'£ the contents.
HandbOok Reprinted 6/93
"

DATE_ _......
7/_·_./_i..J-I_·_q_1~'_· _

Emp·lo..ye:e slgna·tur..e_·_·_ _......0. .: 4:;..=Vl-'J..'
.:' //:..:..'v_'_··.....,a_.,---_-----_-'-,
B.

EE:RSONNEi :·POLTCY.'DIRECTIVE,.:ACKNE),WLEDGEMEN·T: ',1 have ;review'~d ·and.understand
,th.a.:t ::1"': am re~. p dhs1;bTe "I.1.0r ,r)::n-ow.i'ng."an'o cfoTJmwingt'.tie;Dep'a:~tment,;,o:f
cor.r.ecti.D'ns.l,,;P:ersonne1 PolTcy, J)irect'iVies.' I . was ·t'old' ;wh'eie ·:the;;Deoartment
.P,·o];.i.cy. ~;'D.l!:e'C:tive'·Manual isk!ept. a~d realdJz ~ thatT':alll expe.c:t,ed t?'"::be
f.amiI'£ar ;~ri.th:the ·manuaJ;.;.,·and ··..t o . ,keep .current', on ;"poJ:icy. dire-c'ti ves; '.' I'f I
.ha:Jle·any 'ques,tions I '.1: ,understand . that I, am "to" con·tact my":,supery,is-o:z:;: or my
personnel officer.,
' .',', ' ".
'
. ,.'
Employee signature .

#.~ . . . ., . , .

"

-_rr/

~~ ~.

DATE_---.::.7_-_{....:;z.~-_Cf--!-'1

to

CQNELI.c;T OF ,INTEREST.'DECLAP>;...Z!..TION:;: I
am' not ·.current1.Y. rei;p~~Ci>'"
or
ies;J:d'£rig with:,a:r:w e~p.loyee. C?'f .the St.at.e . who is ·in 'my. s.u.,p-ervd~·E(01:'Y" ·chain of
command oi' in' ana:duTt ':relationship;'over' .or belo,w.me". ,"J: :unders·tand··,;that I
m~s±·r~po=-t to':'I!]Y" ·s·u.pe:r-vis:oriii wr.i'£.1:ng any current or p'~.tE!.rt.tiai.;.c.onflict
o'f,intet'es.t· iTJ ·agco,raance. ,w:ith the laws of the slat'e .of"WashiI1gtcm-; and
local insti:tut,ionj:of'fice policies/procedures.
~e":"
Employeesignature_ _-,,<21:.-...o.~~_--,-~~
__'

2.

A.

-.,-__ DP~TE--'·.L-7_-_:./_z_~_q_'.,t-!_
.. ._ _

FIELD 'LOCATION ACKNOWLEDGEMENTS
COHRECTIONS ACADEMY:·
All correctional Officers .will pe requi'r.ed to
a ttendthe ..washington state Criminal Justice Tra'ini'ng ,.co:rnrgission (CJTC)
Corre.ctio.nsOff icers Academy, and all Correctional ·Counse~orsand Community
Cor:rectio'ns ,Offi.cers will. be required to attend the CJTC Correcti.onal
services Academy. I un,qer.stand that a passing score from t.:.he CJTC Academy
i~ required for continued employment.
The academies are normally scheduled
for a two-week' period for counselors' and a four-we.ek
academy for
Correctional Officers.
Classes are conducted Monday thiou~h Friday, 8:00
a.m. to 5:00 p.m.
I understand that, subseguent to the training and/or
institutioh/office training, I will be assigned to my permanent schedule of
either day, swing, graveyard, or turnaround shifts with any 2-day period
scheduled off.
Employee

rr

_

~nal:

Signature~-i..r.:Ld::::·
L/Z/~:"',,L/lc:J::::.::,:======--_ _.:..-

Personnel File

:\WP51\FORMS\NEW_EMPL.CKL
PDU-17612

000017

DATE

?-t2-

-q

cr

DEPAE':'MENT OF COREECTIONS - NEW EMPLOYEE CHECKLIST
ir- (_:,

p

-'

,

C'

Ie.

l/

fIEE.!\..P~Iv1S QUALIFICATIONS:
All Depa:::-':.men':. 0: C:o:::-:::-ec':.ions employ~e,s v"~lC'
may be assigned or issued fi:::-ea:::-ms shall successfully complete the fi:::-ea:::-ms
craining and familiarization course conducted by che Department and wil~ 0~
qU2~~~~.ed a~ leas~ annu~~:f.
Fa~'u-Q ~o suc=ess~ullv nass ~h~s =eaui-enlQ~:
mav :cesal":: in s"'Da:cation or inabilitv to con:"'inue in mv ass-ignment or vlo:::-i:,'

Employee

signatu::-e,/",:~
...t et/ ;/!/~---------~
DATE
_--'---"---'-..L.L_-"--"-___________

7- 12.- "I?,

__~

_

FOOD m\..NDL'EES ?ERMIT:
Smployees whose duties involve the p:ceparcl":ior,
and/o::- handling of unpackaged or unwrapped foods are required to maim.:.<::..>
a current Food ~nd Dever6ge Service Workers Permico I. understand that ~his
permi t is necessary. for continued employment and must be obt.ained at illV
expense within 30 days from the date of initial emplo~~ent. I understand
that employees assigned to food service areas may be inspec";:,ed daily by
designated personnel for'visual signs of illness, infections or obvious skin
lesions, etc., on hands, arms, face and neck and that I may be relieved from
dut.y and. required to fu:-nish a medical cer"':ificat.e if t.hese signs a::-e
observed on my pe::-son.
Emp I oye e Sign a t ur2
D.

. .:("",-. .;:;·. . . .,: . ..:,.:../l...:,l/_'__f'_--

DATE

'7 -I Z -', 0; 1

CO:MMUNITY COPJ'.ECTIONS USE OF FIREJl..RMS:
I unde:-stand -::hat I may bear and u.s~
firearms While acting as an agent of the Department of corrections only wi':.h
prior written pe::::-mi.ssion of the Directo::::- of Community .Se::::-vicesand that' I
must be qualified in their use to receive such authorization. I understand
that a we.apons permit is required to carN a concealed weapon.
I have
reviewed and unde:-stand DOC Policy Directive 420.200 and Division 0:
Communityse:-vices Directive 145.
Employee Signature-'-_.....;.~~·
__#

E~

---

{1.,..._(./'1_:----.

,

DATE

7-/L - '1 if

EMPLOYEE LICENSUP.. E:
F.l1 Department of Corrections Employees whose
posi tions require that they be licensed, i. e. I Registered Nurses, Nurse
Practitione:-s, LPN(s, Dentists, Psychologists, etc.( must submit a current
license to practice upon emplol~ent with the Department. I understand that
it is my responsibility to provide my employer's Personnel office a current
copy of my licen,se each time it is renewed and that this licensure is
~ecessary for continued employment.

Employee signature_·

original:

~~~~~
__~ ~

DATE

Personnel File

PDU-17612

000018

7_-_I_z_-__q_9

__

',I

,

.

NA..M:E:

,t'

"

;,)

PAGE J

d[.) H,A/(;;i"f '" :

C IiClj

PERSONNEL,/BAYROLLF.C?RMS 'TO ;HE; CGMPLETED

Personnel Questionnaire (Blue)
(Copy of Identification)
~vy~~ 'F.orm
6,"-;; Acl:n6wledgement of, Search
(/(1
Employe,e Emergency ,Card (yellow)
i
---"'u+-n"
'or';""',a:+-l'
on +>'0 "Rcoloase
Tnforma....:
~.t"1
..........
_ .
J .....
_
.•
_,_.
_.
,L...-.. on
~Appllcant CrlIDlnal Convlctlon Dlsclosure Form
I"..-f Employee -Permanent Record (Retirement.J I form?nd bookl et
Clr{ Medical/Dental.jLTD/Life Insurance, ':RormsjBodk.:lets
~Intermit::tent St::af£' - Informational Letter ,( if appli.cabl~)
LX-,;

~IRCA form

..L..LJ. . . . . .

,":-

PERSONNEL Y~~TERIALS PROVIDED TO ,EMPLGYEE
CPT ~&SE'INiTIAL ,UPON RECEIPT')

~'~~'':\

.

,

,-)
"

,

~'~7Electronic Funds Transzer Ro~ (Direct Deposit) Memo 12/91
~Payroll

Dates
"v-OUnion,contract
~Natio~wide Home/Auto Insurance
, ~C Employee Advisory Information

...,

r --

7.-( 2.. -'~ ,'{

C/:'vr-- - - - - - - - - - - - - - - - - - - - DATE' - - - - - - - - - -

EMPLOYEE SIGNATURE
~VIEWER

SIGNATURE

-----------------------'-

DJ>.TE

'----------

)riginal: Employee Personnel File

,/
.~.""

pdated 8/94

PDU-17612

000019

.

('lAMI: :

PAGE 4

---~------'-'--'>---'-_":"""'_------------:---~--

: unde=s~and tha~ i~ is my =esponsib~li~y to ~amilia=ize myself wi~h ~he locaJ.
institut{on/8~~i=e Do~i=ies and orocedures,
DOC colicies and p~ocedure~,

~)e:-:::'=-le;;-.:. ;):)s-:.

::J:-:le:"s

and ~be e:<:p~c:::.cl--=.i.:Jns

I

unders~and

bas.i.~

tna~

~he

~_~fo~mo::.i.or: lS

CO\,TEr-<~ED

r.)\f

•.J .:.

f

~J=

-:.he dt2-:.ies des==-i~ed in my :;:"~s~,i: i..sa-:'ion questionn2.~.:--·';:
my wo:-}: ur~i -:.

above is

no~

intended to be inclusive but

~o

ensure

~hat

::r::·o"\/ide.d.

PERSONNEL/PAYROLL OFFICE

Paychec): (when, where, ove:::-~irne, auto depos i:: paydays) (leave and
-::ypes e)~plained ::m pay ched: and acco::-ding :'0 policy)
J

Cr..•

>

Manda::ory

dedu=~ions:

Pe~:o~mance

Evaluation

A::ciden~ Reporting
Legislation.

J

OAS1,

Medical ll.i.:::'

?~ocess

L&1

Claims"

Worke:::-s

Compensat.ion ,

Intra-Institutional Transfer Requests (Article
Institution Collective Bargaining Agreement) .
Recruit.mentAnnouncemerits/Applications
local list versus DOP registers).

9,

Assault

T.rans:ers /

(promotion~lapport.unities,

state employment registers

cr/i!

Loc~le

of Revised Code of W~shington, Washington Administrative
Code, Departmental Policies, and diffe::-ence of policies.

Executi ve Order 91-06 Prohibiting Discrimination and Es-:'ablishing
Affirmative Action and Work Place Diversity Policy
DMB 250.001 - Procedures for Reporting state Employee Misconduc:
.(Whist leblovler)

Internal Discrimination Complaint Procedure 87-018

eva

DOC Policy Number 100.500 Non Discrimination

The above initialed topics have been reviewed with me.
)yee .S ignature

,/1'/

/l~

-:7_1"7--0'0
Date_?-

~-=-_~_7_
-_---'-(_~__
-----,

Reviewer's signature~~
original: Personnel. File
updated 10/94

Date

PDU-17612

000020

_

- - -__

STATE OF WASHINGTON

DEPARTMENT OF CORRECTIONS
MONROE CORRECTIONAL COMPLEX
P.O. BOx 777· Monroe, Washington 98272-0777 • (360) 794-2600
FAX (360) 794-2569

AMMENDED LETTER

October 14, 2011
Brenda Fredricks

Ms. Fredricks:
Notification of This is official notification that I am issuing you a Letter of Reprimand. This
disciplinary action is being taken pursuant to Article 8 of the Collective
Disciplinary
Bargaining Agreement between the State of Washington and Teamsters Local
Action
Union 117.
Misconduct

This disciplinary action is for the following misconduct:
On January 29, 2011, you failed to do a complete search of the Washington
State Reformatory Unit (WSRU) Program and Activities Building (PAB)
before declaring it clear.

Investigation

Workplace·Investigator Jennifer Piuldrula completed a fair and thorough
investigatton into this matter. A copy of the report, which described these
charges in detail, was provided to you on August 17, 2011.,
On or about April 1, 2011,a Critical Incident Review (CIR) surrounding the
death of Officer Jayme Biendl on January 29, 2011 at the Monroe
Correctional Complex was conducted by a team from the Washington State
Department of Corrections (DOC). Information was provided by the CIR .
Team to DOC Management. The CIR Team noted that you were instructed to
search the PAB and Chapel for a missing offender at or around 2114 hrs on
January 29, 2011. While enroute to the Chapel you encountered Officers
Waheithner and Maynard. It was reported that you asked for their assistance
in checking the PAB and Chapel.
The CIR Team noted that Officer Wahlithner disclosed to the interview panel
(CIR Team) that when he met up with Y9u on the breezeway, you told him
you were concerned that you locked Offender B. Scherf#287281 in the PAB
earlier in the evening, possibly during the 2030 hr recall period.
"Working Together for SAFE Communities"

ft

~,

recycled paper .

PDU-17612

000021

10114/2011
Page 2 of 4

The CIR Team noted that you disclosed to the interview panel (CIR Team)
that you did not search several rooms in the PABon January 29, 2011
because "they were dark and you were nervous thinking an inmate would
-jump· out at you."
During an investigative interview with Workplace Investigator Jennifer
Piukkula on June 23,2011, you were informed that the CIR Team noted your
admission to their interview panel on or about April 1, 2011, when you stated
that you did not search "several rooms" in the PAB "because they were dark
and you were nervous an inmate would jump out at you." You responded
''Well...yes, but I was talking about'rooms that we didn't use--offenders
weren't able to access those rooms, so why would I search them? I don't
think I even had keys to those rooms. This is what happened... .I started
searching the building, yes I was a little scared.. .I was creeping a long and
talldng to myself, saying stufflike, "I hope no one is hiding in here" as I
searched the rooms. The lights were off and no one is with me, so yeah, I was
a little scared. The area is U-shaped, so you have. to start at one end and go
all the way to the other. The law libraryJis a little creepy... you have to go in
backofthe room andthere are books.piled up and it's dark because the
offenders shut the lights out when they leave. There are rooms in the back
that are not used: I didn't look in those or search those because no one had
access to them. Those are the rooms I was probably talking about."
During an investigative interview with Workplace Investigator Jennifer
Piukkula on June 23, 2011, you admitted that you did not sign the PAB post
.
orders on January 29,2011, or any other time.
During an investigative interview with Workplace Investigator Jemlifer
Piukkula on June 23, 2011, you admitted that on January 29, 2011, you did
not search the rooms in the back of the PAB, near the law library nor di4 you
check the door handles of those rooms to ensure they were locked.
During an investigative interview with Workplace Investigator Jennifer
Piukkula on June 23, 2011, Officer Samuel Wahleithner stated on January 29,
2011, you approachedllim and Officer Maynard and stated that you may have
locked the missingimnate in the PAB.
During an investigative int~rview with Workplace Investigator Jennifer
Piukkula on June 23,2011, Officer Charles Maynard stated that when he and
Officer Wahleithner met up with you on the breezeway on January 29, 2011,
you stated that you may have locked an offender in the P AB.

PDU-17612

000022

10/14/2011
Page 3 of4

Predisciplinary
-Meeting

Awareness of
Standards

A pre-disciplinary meeting was scheduled with you on August 23, 2011.
Teamsters Business Representative Sarena Davis notified Superintendent
Frakes on August 22, 2011,that you would not be attending the predisciplinary meeting in person nor would you respond in writing which was
- an-option-provided-to -you-in your-pre"disciplinary letter.

Yburbehavior violated DOC Policy 420.320 Search.ofFacilities, Monroe
Correctional Complex Operational Memorandum MCC 420.155 Callout
Systems, DOC Policy 400.200 Post Orders and Post Logs (Restricted Policy),
MCC Programs and ActivityBuilding (PAB) Officer Post Orders
(Restricted), Performance Expectations set by your Supervisor signed and
-dated by you on November 4,2009, Department Expectations and CORE
Competencies outlined in the Department of Corrections Employee
Handbook. Specifically, Safety, Accountability, Judgment and Problem
Solving, Communication and Ethics and Integrity.
On May 12, 1992, you received and signed an acknowledgement of receipt of
the New Employee Checklist and agreed to familiarize yourself with the local
institution/office policies and procedures, DOC policies and procedures, _
pertinent post orders, the duties described in my classification questionnaire
and the expectations of my w.ork unit. (Attachment #1)
On May 27,2003, you received and signed an acknowledgement ofreceipt of
the DOC Employee Handbook and agreed to become familiar with and have
thorough knowledge and understanding of the contents. (Attachment #2)

Determination
of Sanction

VYhen determining that this discipline was-appropriate, I reviewed your
previous work history, length of service, training provided, -and previous
disciplinary actions. In reviewing your personnel file, I found the following:
•

On October 16, 2006, you received a Reduction in Salary for failing t9
report legal citations.

•

On November 16, 2005, you reoeived a Letter of Counseling for
refusing to perform mandatory overtime.

•

On April 12, 1996, you received a letter for writing an untruthful,
misleading and inaccurate memo.

PDU-17612

000023

-_

.

.,

.

__ ...• _,-_.-

--_._------~_._-----~-_._-._----------_.-._-~-

--------------~

-------

10114/2011
Page 4 of4

Ypur failure to do a complete search of the Programs and Activities Building
(PAB) before declaring it clear on January 29,2011, was unacceptable.
It should be noted that this reckless and dangerous behavior on your part
-affected-the-safety-and-seeurityofthe -institUtion;-Vou-have a duty and
responsibility to follow "agency policies and procedures.
I have determined a Letter ofReprimand is the appropriate level of discipline.
This disciplinary action is intended to impress upon you the gravity of your
misconduct and provide you with sufficient incentive to correct your
behavior. Your personnel file reflects your continued lack of good judgment.

Future
Expectations

I take this incident very seriously. I will not tolerate your disregard for
directi'on provided to -you by the Department of Corrections.
I expect that you will henceforth adhere to policies, directives and direction
given to you by the Department of Corrections. Any further misconduct on
your part may result in further 'disciplinary action; up to and including
discharge.
'
'

Appeal Rights

Under the provisions of Article 9 of the Collective Bargaining Agreement,
you may appeal this discipline.

Scott Frakes, Superintendent
Monroe Correctional Complex
cc:

Donna Haley, Human Resources Director
Labor Relations
Personnel File (including investigation)

PDU-17612

000024

NEW EMPLOYEE CHECKLIST

~AHE:4cP(lciCk5! &<:010 ~.
I

)FFICE/INSTITUTION

LA) :)

DATE

I

p

,5- 11- q J

POSITION- - - f - > - - ' - - - - -

SUPERVISOR

_

STATEWIDE ACKNOWLEDGMENTS
l.

RECEIPT OF HANDBOOK:
I acknowledge receipt of the Employee Handbook,
Washington State Department of Corrections, and agree to become familiar
with and have a thorough knowledge and understanding of the contents. DOP
1/88

/ ' DOC 3/88

Employee Signature
I .'

.

DW)'lM ~AUi:.~\.{JYJ)}

DATE_')~-_- ...w;)_-_CJ:....::2==--_

PERSONNEL POLICY DIRECTIVE ACKNOWLEDGEMENT: I have reviewed and understand
that I am responsible for knowing and following the Department of
Corrections' Personnel policy Directives. I was told where the Department
Policy Directive Manual is kept and realize that I am expected to be
familiar with the manual and to keep current on policy directives. s If
I have any questions, I unde,rstand that I am to contact my supervisor or
my personnel officer.
Employee Signature

/?)g,O/M(] ~adRJf};;Pr

DATE_...;:..O,---.....l/-f.,d=._-O-/-z:...::;QL__

CONFLICT OF INTEREST'DECLARA'rION: I am not currently related to or
residing with any employee of the State who is in my supervisory chain of
command or in an adult relationship over or b~low me .. I understand that
I must report to my supervisor in writing any current or potential conflict
of interest in accordance with the laws .ofthe state of Washington, and
local institution/office pDlicies/procedures.
Empl Dyee Signaturee:r3UJlry}Q ~ f, Dm~ J (M

.

DATE.5 ~ II-q:)

FIELD LOCATION ACKNOWLEDGEMENTS
CORRECTIONS ACADEMY:
All Correctional Officers will be required tD
attend the Washington state Criminal Justice Training CDmmission (CJTC)
Corrections Officers Academy, and all Correctional Counsc'" --- -- -" ~
.__c ~ -'--.
Corrections Officers will be required to attend the
Services. Academy. I understand that a passing SCDre fre
is required fDr continued employment. The academies are,
for a two-week period fDr counselors and a fbur~
Correctional Officers. Clas'ses are cDnducted Monday th
a.m. tD 5:00 p.m. I understand that, SUbsequent to t)
institution/office training, I will be assigned tD my :
Df either day, swing, graveyard, or. turnaround shifts wi i
scheduled off.
Employee Signature
:-iginal:

Of\/J!D.ddAO..clJujiCJ-d"""D:L.-

DATE

5 - II-g~.

Personnel File
Employee

6/90

.~
PDU-17612

000025

'.

(., ....; .,

DEPARTMENT OF CORRECTIONS - NEW EMPLOYEE CHECKLIST
NM-lE,

B.

PAGE 2

~-

FIREARMS QUALIFICATIONS:
All Department of Corrections employees whc
may be assigned or issued firearms shall successfully complete the firearm~
training and ,familiarization course conducted by the Department and wil]
be -gual'ified at least annually. - -Failure to -successfully nass thi~
requirement may result in separation or inabil i ty to continue in ID)
assignment or work.
Emp.loyee' Signature

on ,i ~

\:)l\ r, rn__

(1

d.~\f' lD D

>

C.

FOOD HANDLERS PERMIT:
Employees whose duties involve the preparatior
and/or handling of unpackaged or unwrapped foods are required to maintair
a cl,lrrent Food and Bev.erage Service Workers Permit. I understand that thi~
permit is necessary for continued employment and must be obtained at m)
expense within 30 days from the date of initial employment. I understanc
that employees assigned to food service areas may be inspected daily bj
designated personnel for visual signs of illness, infections or obvioUE
skin 'lesions, etc., on hands; arms, face and neck and that I may bE
relieved from duty and required to furnish' a medical certi,ficate if theSE
signs are observed on my person.
Employee Signature

D.

DATE

~

COMMUNITY COP~CTIONS USE OF FIREARMS: I understand that I may bear anc
'use firearms while acting as an agent of the Department of Corrections onl)
with prior written permission of tbe Director of Community Services anc
that I must be qualified in their use to rece.ive such authorization.
]
understand that a weapons permit is required to carry a concealed weapon.
I have reviewed and u~derstandDOC Policy Directive 420.200 and Divisior
of community services Directive 145.
Employee Signature

E.

_

DATE

_

EMPLOYEE LICENSURE:
All Department of Corrections Employees WhOSE
positions require that they be licensed, i.e~, Registered Nurses, NurSE
Practitioners, LPN's,Dentists, Psychologists, etc., must submit a current
license to practice upon employnlentilith the Department. I understand that
it is my responsibility to provide my employer's Personnel office a current
copy of my license each time it is renewed and that this licensure is
necessary for continued employnlent.
Employee signature_'

original:
cc:

DATE,

Personnel File
Employee

_

6/90

PDU-17612

000026

],~ ..'::

<

~

- - - - - - - - - , - - -

I""PERSONNEL/PAYROLL FORMS TO BE COMPLETED
,\( Application
/Felony Record Disclosure
--~
, // Release of Information
--:/-""'-:7-~Acknowledgementof Sear.ch
DOC New Hire Report
- -/ -IRCA
Form
~
W,+
---"-~
V
Personnel
Questionnaire
----"--:_--,,-v_Er:np!oyee I.. D./Emergen9. Card
Medical/Dental Booklet and Enrollment Form
- - -LTD
Eamphlet and Enrollment Form
---Life Insurance Booklet and Enrollment Form(s)
- - -American Family Life's Supplemental Cancer Expense & Intensive Care Insurance Programs Info
,.\/ Employee Permanent Record Form and Retirement Booklet
\/' Intermittent Staff - Informational Letter (if applicable)

v

PERSONNEL/PAYROLL MATERIALS PROVIDED TO/DISCUSSED WITH EMPLOYEE
,
- -../'
-Orientation Schedule
V Collective Bargaining Agreement

.
-~./-r-L·ist of Stewards, officers, Union/Management Committee members
V Whistleblower Procedure
----=-~-;?-Secretaryls Statement on Affirmative Action
J' Internal Discrimination
'.I Non-Discrimination Policy 100.500
./ Equal Employment/Affirmative Action Policy 810.005
-~\/',-Sexual Harrassment Policy 853.025.
7 Drug-Free Work Place Policy 859.005
7 Appointment letter, including status, clas.sification, starting salary & date, length of probation,
PID, benefits
.
\ / Payroll dates list
/
"Join Us" (WA State Employees Credit Union)
V Deferred Compensation Information
v< Nationwide Automobile Insurance pamphlet
:7 Nationwide Homeowners Insurance pamphlet
v Employee Advisory Service pamphlet
V Re asonable Accommodation Policy

The above checked topics have been reviewed with me.

Employee Signature

Original:
cc:

On OJf'\tiJJ '~~SL~

Employee Personnel File
Employee

PDU-17612

000027

·.r'

NAME:

_

PAGE 4

I understand that it is my responsibility ~o familiarize myself with the local
insti tution/office pOlicies and procedures, DOC policies and procedures, pertinent
post orders, the duties described in my classification questionnaire and the
expections of my work ,unit.
I unaerstand that t.he above is not intended 'to 'be -inclusive -but to ensure that
basic information is provided. '

Employee Signature:

6~fl ~Q~

DATE

5· 12-Q;)...

TOPICS COVERED BY PERSONNEL/PAYROLL OFFICE
______~~__

Paycheck (when, where, overtime, auto deposit, paydates)
types explained on pay check and according to policy)

(leave and

.

.

,Mandatory deductions: OASI, FICA, Retirement, Union, Medical Aid
Copy of Classification ,Questionnaire position Number

__

Performance Evaluation Process
Accident Reporting,
Legislation.

1/

L&I

Claims,

Workers

Compensation,

Intra-Institutional Transfer Requests
(Article
Institution Collective Bargaining Agreement) .

9,

Assault

Transfers,

Role of Personnel Office, handout available
Recruitment Announcements/Applications (promotional opportunities,
local list versus DOP registers) .
State employment registers
Affirmative Action/Non-discrimination/Sexual Harassment
Locale of,Revised Code of Washington, Washington Administrative Code,
Departmental Policies, and difference of policies.
.
The above initialed topics have been reviewed with me.
Employee Signature

QAJ/rl/ia ~f:fu

Rev i ewer ISS ignature.

Original:
cc:

Date

\5-ld-9,;;L

Date

'--

_

Personnel File
Employee
6/90

PDU-17612

000028

IEP~

i:3',QDJdo

~4oor\JI):cbD

Name

5

~

oom JST

CF a::mcr'ICNS - NEW m!PlO'iEE

IJ)c)K

i

Sectioo D.

'fupies Discussed with Employee by Surervisor/Training Manager or PersonneJ

Officer

'

,

(&= Supervisor; T a: 'In. 1 Ding Manager; P a: Personnel 0:f1i ce )

'I'

Hours of work, breaks, meal

~I ' Attendance, ~cua.l i ty,
--.;.._
reporting of absences
aiain of Ctmnand, "
organizational structure
Uni t procedures/schedules/roles
'1 Collective Bargaining Agreenent
(Union presentation)
~
Workload Standards
Safety: Accident reporting,
ala.nn systems, evacuation,

rf

'l

--z=

c-I

,Job expectations

~post-Trauma Response Program
'1
Supervisor',s ~-pectations
Cbntidentiality
..:...L- Personal, Conduct/Appearance!
Unifoms
'~ lImite/client relationships
- - Post Orders
Ca:rputer Terminal Use Procedures

J:

-

~

fire ext:ingui.shers, emergency

response plan, hostage policy,
lifting, Haz.ca:o
Media!Legislative Contacts
...."·~1,.,-. Reoords/PUblic Disclosure:
'I
~c-l Vi ctimfWi tness Notifica.ti0n
WAC 137-28 ; Prisons-Discipline
(or WAC 137-56: Carmmity
Residential Programs, Work/
Training Release) Copy received
Supplies/equiJIOent; requiBi {ion
- - ' procedures
'
Ccmmmications; Use of OCAN,
~ off-s::AN, inmate use, iaclios, e t c . - .p
= II:1IJRte Grievance Procedure
1
[
COpy Here,ived

;r

-::r-

:J,:

Security: Searches, controlled a.ceess
points, non-client visitor procedures,
client n:ovanent, operation of cbor locks,
key control, parldng, personal
valuables, etc.
Report w:ri tiog
Classification systemjimnate processing
Cultural Awareness, race relations
Credi t Union Presentation
Deferred Canpensation Presentation

Mail Procedure

'

-;}- ~~O~S;~;~gResources

~;;;;;.-

,
local p:>licies /p!'Ocedures

Natiomviqe Insurance Presentation

'The follOirlng has been CCII:!Pleted:

±

~Tour'

,

,

Fingerprinting and I.D.

Weapons

~ification

'~ CPR/FirSt-Aid 'Iraining

The aOOve-cbec.ked items have been discussed wi th me:
FinplO7jee Signature

tOwfodn ~'.A Qd )t( r1.0

Supervisor Signature
Original:
cc:

Date _

·~~Signature

Personnel, File
~loyee

PDU-17612

000029

.....
<S.<---l.'1.....
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Personnel Officer Signatun

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Employee Name (Please Print)

ACKNOWLEDGEMENT OF RECEIPT OF

DOC EMPLOYEE HANDBOOK

I acknowledge receipt of the June 2002 Washington
State Department of Corrections Employee Handbook
and agree to become familiar with and have a
thorough knowledge and understanding of the
contents.

AJ~wL

Employee Signature '

Date

Original--Personnel File
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PDU-17612

000030

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Washington State
DEPARTMENT OF CORREGIONS

PDU-17612

000031

CORE COMPETENCIES FOR ALL EMPLOYEES
Effective employees are our greatest asset. To ensure we are recruiting the best candidates to fill the various
types of positions we have, DOC developed a set of core competencies that apply to all staff regardless of
the position. These competencies - which address safety, respect, courtesy, dependability, accountability,
judgment, problem solving, leadership, communication, relationship building, ethics, and integrity - are
included on all position descriptions and employee evaluations (also known as Performance Development
Plans or PDPs) are based upon an employee's performance in these categories.
Safety [4-APP-3B]
Complies with all safety regulations and understands why they are important. Performs work in a safe manner
at all times, including while operating a vehicle or working offsite. Maintains an organized work area, free
of hazards. Reports unsafe conditions promptly. Maintains and uses personal protective equipment, where
required. Attends all required safety and health training. Seeks guidance from supervisor.
Treats Others with Respect and Courtesy
Consistently treats everyone with respect and courtesy, even when the other person is discourteous or
unreasonable. Actively seeks feedback from customers and others s/he interacts with on the quality of service
they proVide. Demonstrates an ability to place himself/herself in the position of our customers. Listens fully
to, is respectful of, and understands others' needs, concerns, and opinions.
Dependability
.
Reports to work·every day and on time. Is fully prepared and conforms to assigned work hours and schedule.
Notifies supervisor immediately when unexpected problems cause absence, lateness, or the need to leave
early. Provides adequate notice for planned leave and ensures workload is managed.
Accountability
Gets the job done. Meets all deadlines or lets supervisor know immediately when deadlines might not be
met and recommends alternatives. Works on tasks in order of importance. Makes sure all parts of a job are
completed in full. Without making excuses, accepts personal responsibility for the quality and timeliness of
his or her work and keeps commitments. Acknowledges and corrects mistakes. Asks for feedback on his/her
performance from work team members and supervisor and makes efforts to improve. Explains how the work
team's actions make a real difference in meeting the needs of clients, customers, and fellow employees.
Judgment and Problem Solving
Makes timely decisions based on the best information at hand. Can describe the factors that were considered
in making a decision and their relative importance. Identifies and considers alternatives before making a
decision. Seeks advice from others. Considers the impact of decisions on co-workers, clientele, and other
program areas. Solves problems effectively.
Leadership
Creates an environment in which people can be successful. Personally exhibits excitement, enthusiasm,
and commitment to the group's mission while linking every day work to agency mission. Sees and
takes advantage of the potential in people, opportunities and events. Takes appropriate risks to improve
performance or reach a challenging goal. Knows when to compromise and when to take a stand. Willing to
responsibly challenge the status quo when necessary. Actively seeks new ideas and opportunities to improve.
Communication [4-APP-1 0-01] [4-APP-1 D-02]
Presents ideas effectively, clearly, and concisely in formal and informal situations. Listens well and asks good
questions. Communicates well in writing. Keeps supervisor and co-workers informed. Shares complete and
accurate information with others. Actively resolves conflicts and demonstrates effective conflict management
skills.
Relationship Building
Builds and maintains effective networks of contacts that are useful in achieving work-related goals. Builds
voluntary cooperation through credibility, expertise, influence, and persuasion. Goes out of one's way
to establish effective working relationships. Demonstrates an ability to build effective relationships and
partnerships.

PDU-17612

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Ethics and Integrity [4-APP-3C]
Earns the trust, respect, and confidence of stakeholders and co-workers through consistent honesty,
forthrightness, and professionalism in all interactions. Respects and maintains confidentiality. Tells the truth
and is honest in all dealings. Earns the trust of others by consistently being an exemplary role model. Keeps
promises and commitments made to others; meets goals and deadlines. Avoids inappropriate situations and
actions which result in and/or present the appearance of impropriety. Adheres to appropriate and effective
core values/beliefs and acts in accordance with those values at all times. Demonstrates ethical behavior and
teaches its importance to others. Does not misrepresent self or use one's position for personal gain. Uses
public resources appropriately.

Additional Core Competencies have been identified for all Supervisors and Managers to include:
People Management
Meets regularly with each employee to set and clarify expectations, provide feedback, and coaching. Uses
formal and informal methods to monitor and track each employee's performance. Distinguishes between
high and low performers, and recognizes and rewards results for high performers. Actively works to identify
and retain talent. Deals promptly with performance problems by working with staff to diagnose problems,
develop solutions, and monitor progress. Has the knowledge and will to take effective action with employees
when performance coaching efforts fail and situation warrants. Attempts to discover what motivates each
employee and uses that knOWledge to benefit both the individual and the organization. Identifies employees'
development needs and provides meaningful development opportunities. Conducts quality performance
appraisals on time. Assists with professional development and planning.
Managing for Results
Establishes performance expectations and goals for his/her team that are specific and measurable and
accepts personal responsibility for results. Assures that each member of his or her team has the resources
and tools to meet performance expectations. Meets regularly with team and talks about team performance
and ways to improve.

CODE OF ETHICS [4-4069] [4-APP-3C-02]

High moral and ethical standards among correctional employees are essential for the success of the
Department's programs. DOC subscribes to a code of unfailing honesty, respect for dignity and individuality of
human beings, and a commitment to professional and compassionate service.
Department policy 800.010 Ethics provides direction to employees to assist them in making appropriate
choices, acting in a manner that demonstrates high ethical standards, and complying with provisions of the
State Ethics Law, Chapter 42.52 RCW, Ethics in Public Service.

DEPARTMENT EXPECTATIONS

As an employee of the Department, you will have many things to learn, not the least of which will be the
expectations of your supervisor, your co-workers, and the agency as a whole. To assist you with this
responsibility, the following is a list of some departmental expectations to be familiarized with.
As an employee of the Department of Corrections, you will be expected to:
•

Positively represent Washington State government to everyone you meet. You are our best public
relations agent;

•

Dress appropriately for your job classification and duties. Clothing may not have mottos, logos, or
advertisements that may be offensive or in conflict with the goals/values of the Department;

•

Be eligible to possess a firearm (for custody staff within prisons) in accordance with federal and state
laws; [4-APP-3B-01]

•

Adhere to the confidentiality requirements of any information you have access to in the workplace;

PDU-17612

000033

•

Wear issued uniforms only as authorized;

•

Be a good citizen, obey laws while on and off duty. Your conduct off duty may reflect on your fitness for
duty;

•

Treat fellow staff with dignity and respect;

•

Be impartial, understanding, and respectful to offenders;

•

Serve offenders with appropriate concern for their welfare and with no purpose of personal gain;

•

Report all personal contact with offenders, their families, or known associates outside your job in
accordance with Department procedures;

•

Report through the proper chain of command any corrupt or unethical behavior that could affect an
offender or the Department's integrity;

•

Remain constantly alert in all situations;

•

Remain at your job/post until properly relieved and/or the end of your shift, whichever comes later, if
you are custody staff;

•

Obtain appropriate permission before removing any state property from state premises;

•

Conduct yourself and perform your duties safely; and

•

Smoke only in designated smoking areas. [4-APP-26-01]

Jt is also important as a new employee that you understand some of the specific prohibitions that the
Department must enforce. You are not allowed to:
•

Discriminate against any offender, employee, prospective employee, contract staff, or volunteer on
the basis of race, color, religion, gender, sexual orientation, age, creed, national origin, marital status,
veteran status, or disability;

•

Use profanity or inflammatory remarks with offenders or individuals with whom you work;

•

Report to work under the influence of alcohol or drugs; [4-APP-3C-01]

•

Traffic or bring any article of contraband into an institution, facility, or office;

•

Barter or make personal deals with offenders, offender families, or visitors;

•

Engage in personal relationships with offenders, their family members, or close personal associates;
the Department has established guidelines consistent with the Prison Rape Elimination Act of 2003
and has zero tolerance relating to sexual assault/rape of offenders and staff sexual misconduct; such
relationships with offenders that include sexual contact may be a felony under state law and may be
referred for prosecution;
,

•

Accept, maintain, or disburse funds of offenders except as authorized by your supervisor and
Department regulations;

•

Transmit messages for offenders outside the approved communication channels;

•

Assist or in any way counsel an offender in the preparation of writs, appeals, or petitions for executive
clemency;

•

Accept any gifts rewards, or gratuities from any source except as authorized by Department policy

PDU-17612

000034

800.010 Ethics;
"

Sleep or give the appearance of sleeping on duty;

e

Have anyone substitute for you on a duty assignment without prior supervisory permission;

e

Leave keys in unattended vehicles or any unsecured location;

e

Use state equipment/supplies for personal use, gain, or profit;

"

Destroy state property unless expressly permitted by your supervisor;

"

Use or possess firearms on duty, unless authorized by the Department;

"

Use your state position to influence any vendor or representative doing business with the Department;
and

e

Engage in verbal assaults, threatening behavior, or physical assaults against staff, offenders, or the
public.
.

COMMUNICATION AND PUBLIC INFORMATION [4-4020] [4-APP-3A-31]
The Communications Department develops and disseminates information regarding the Department,
manages the Department Intranet site titled insideDOC, and administers initiatives intended to enhance public
understanding.
DOC's Intranet site titled insideDOC <http://insideDOC/usercontents/ > provides easy access to basic tools
and information to include Department policy, forms, training information, current news, and announcements
of importance to staff.

STAFF RECOGNITION
The Department celebrates exceptional staff in many ways including an Annual Agency Award program.
Staff are nominated for various awards which include Valor Award, Petrine Marciniak Inspirational Award,
Secretary's Leadership Award, Diversity Award, Community Service Award, Health Services Staff of the Year
Award, Community Partnership Team Award, Team Excellence Award, Employee of the Year Award, Support
Staff of the Year Award, Supervisor of the Year Award, Counselor of the Year Award, Community Corrections
Officer of the Year Award, Correctional Officer of the Year Award, and Volunteer of the Year Award. All
Department staff are eligible.
National Correctional Officers' Week (typically the first week of May) festivities include honoring Correctional
Officers and Community Corrections Officers for outstanding performance during the year.
The third Friday in May is designated Corrections Pride Day. Events and activities are organized and held
throughout the state that celebrate and honor all agency staff.
For further information, please refer to Department policy 860.200 Recognition Program.

PDU-17612

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STATE OF WASHINGTON

DEPARTMENT OF CORRECTIONS
MONROE CORRECTIONAL COMPLEX
P.O. Box 777 • Monroe, Washington 98272-0777· (360) 794-2600
FAX (360) 794-2569

PERSONAL AND CONFIDENTIAL DELIVERY
October 25,2011
George Lyons

Mr. Lyons:
Notification of This is your official notification of your discharge from position # CV99 as a
Corrections and Custody Officer 2, effective immediately. This disciplinary
Disciplinary
action is being taken pursuant to Article 8 of the Collective Bargaining
Action
Agreement (CBA) between the State of Washington and Teamsters Local
Union#117.
.
.
Misconduct

This disciplinary action is for the following misconduct:

1. On January 29,2011, you falsely logged that the Chapel cleared at
2045 hours (8:45 p.m.) (Case #04-023-11-3107)
A. On or about April 1, 2011, a Critical Incident Review (CIR)
surrounding the death of Officer Jayme Biendl on January 29,
2011, at the Momoe Correctional Complex was conducted by a
team from the Washington State Department of Corrections
(DOC). The CIR team noted that you stated you did not remember
how the Chapel Officer that night (Jayme Biendl) announced her
"all clear." It was reported that you stated that normally she
(Biendl) would radio the announcement but sometimes she
(Biendl) would wave at you from the front ofthe Chapel
(indicating all clear) and then return inside to conduct her security
check prior to closing the Chapel and exiting Zone 3.
B. The just cause investigation conducted by DOC Investigators
revealed by way of your own statements during your investigatory
interviews on May 24,2011, and June 29,2011, and radio call
transmissions from January 29,2011, that you did not receive
notification from Officer Biendl on January 29, 2011, indicating

" Working Together for SAFE Communities"

o

recycled poper

PDU-17612

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10/25/2011
Page 2 of6
the Chapel was cleared after the 2030 offender recall movement,
and that you failed to verify with Officer Biendl the Chapel was
clear of all offenders on January 29, 2011, prior to documenting it
'
as clear 'in the Tower 9 logbook.

C. During your June 29,2011, investigatory interview when asked
about your previous interview on May 24,2011, in which you
stated that a closed gate meant the Chapel was clear, you
responded, "IfI didn't watch her close the gate, I would check on
her. I would wait at the window till she came out. 1'd wait till she
·came out of the Chapel. I.saw her close the gate so I had no
worries that night." However, despite what you entered in the
logbook Officer Biendldid not close the gate, did not make
notification that the Chapel was clear, and you did not follow up
with her to, account for the fact that her area was clear of offenders
after the 2030 recall movement.
2. You provided inconsistent answers to questions asked of you during a
Department of Corrections (DOC) investigation. (Case #06-028-11;.
3107)

A. During two separateinvestigatory interviews with DOC
Investigators, May 24 and June 29,2011, you claimed to see
Officer Biendl exit the Chapel, close the gate, arid retum to the ,
Chapel. You initially stated you logged the Chapel as clear upon
seeing Officer Biendl close the gate and return to the Chapel
building. You then revised your account of when you logged the
Chapel as clear indicating you saw Officer Biendl exit the Chapel'
and close the gate, but logged the Chapel as clear upon receiving
radio notification from another Officer that Zone 3 was clear.
However, by your own admission that radio notification occurred
at 2035, 10 minutes prior to the time you logged the Chapel a~
clear in the logbook.
B. During your second investigatory interview on June 29,2011,
when asked if you observed the gate area in front of the Chapel the
entire time offenders Were OJ;l the breezeway you responded, "Yes,
I watched the offenders, but not exclusively. Biendl cleared the
Chapel pretty quickly and when she shut the gate I moved on to
viewing other areas." Then, at the conclusion of your second .'
investigatory interview with DOC Investigators on June 29,2011,
you stated, "I am not 100 peroent positive that I can accurately say
that I saw Jayme (Biendl) shut the gate that night. I. can't honestly
say that she did."

PDU-17612

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10/25/2011
Page 3'of 6

3. You provided inconsistent answers to questions asked of you during
'-an-investigation-by- external-law-·enfercement-agencies. -(Case#06~
028-11-3107)
C. On January 31, 2011, Lieutenant Rodney Shimagawa was
interviewed by Detective Paul Ryan of the Monroe Police
Department. During the interview he stated on January 30, 2011,
he asked you if you recalled Officer Jayme Biendl calling in
secure. Resaid, you responded to the best of your knowledge
Officer Biendl did call in secure. Lieutenant Shimogawa also
reported that you said Biendl' s nOl1IJ.al routine is when she calls in
clear, she's at the entry of the Chapel, she'll go inside the Chapel
after she calls in clear and secure, grab her lunch box and wrap up
the day and leave. He also reported that you stated to him, from
your recollection all areas called in secure.
D., You submitted an incident report dated May 13, 2011, to the
Momoe Police Department, which stated, "At approximately 2031
I observed C/O Biendl finished letting the offenders out of the
Chapel close the gate and retUrn to the Chapel building."
E. . On May 19, 2011, during an interview with MPD detectives, you
stated, "At 2030 main control announced recall over the radio.
You opened the return gates from the out areas, yard, PAB,
Chapel, and Field House. I watched the returning inmates at about
2131. Biendl had let out what I believe to be the last inmate and
closed her gate and went back into the building. And at that point
I wrote down her building was cleared." This statement is
contradictory to what you wrote in the incident report you
submitted to MPD just six (6) days earlier.
Investigation

Workplace Investigators Tim Birley, arid Tammy GWin-Cork, completed a
fair and thorough investigation into this matter. A copy of the reports, which
describe these charges in detail, was provided to you on August 22, 2011.

Pre~

A pre-disciplinary meeting was scheduled with you 011 August 23,2011.
Teamsters Business Representative Sarena Davis sent notice on August 22,
2011, stating you would not be attending the pre-disciplinary meeting in
person or responding in writing.

disciplinary
Meeting

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10/25/2011
Page 4 of6

Awareness of
Standards

Your behavior violated DOC Policy 400.200 Post Orders and Post Logs
(Restricted Policy) and MCC WSRU Towers Post Orders (Restricted). These
policies and post orders provide specific guidance on reviewing post orders,
._. ---- -staff and-offender-accountability-requirements-including-offender.-mo~vement
periods, and making thorough and accurate logbook entries. Including
continual monitoring of all areas within your zone of control. Your actions
on January 29,2011, of failing to verify with Officer Biendl the Chapel
building was clear of all offenders at the conclusion ofthe 2030 offender
movement and making a false entry in the logbook that indicated the Chapel
·cleared at 2045, which was approximately 13 minutes after Offender Byron S.
re-entered the Chapel undetected and attacked Officer Biendl, were not
consistent with the above-listed requirements.
Your actions were also in violation of DOC Policy 800.010 Ethics,
Performance Expectations set by your Supervisor signed and dated by you on
March 4,2010, and Department Expectations and CORE Competencies
outlined in.the Department of Corrections Employee Handbook relative to
Safety, Accountability, Judgment and Problem Solving, Communication, and
Ethics and Integrity. These policies and expectations communicate the
importance ofsafety, accountability, good judgment, and integrity. By .
making a-false entry in the Tower 9 logbook indicating you received
notification the Chapel was clear when it was not, and providing multiple
conflicting statements during the course of this investigation and to MPD
detectives, you failed to adhere to these expectations.
You were aware of these policies. On January 4, 2008, you received and
signed an Acknowledgement of Receipt (Attachment #1), and agreed to
become familiar with and have thorough knowledge and understanding of the
contents of the Department of Corrections Employee Handbook. Your
signature aiso acknowledged your understanding of your "responsibility to be
continually familiar with the above local institution/office policies,
procedures, and field instructions, DOC policies and procedures, perti1).ent
post orders, the duties described in my classification questionnaire or
Washington Management Service position description form and the
expectations of my work unit."

Determination When detennining that this discipline was appropriate, I reviewed your
previous work history, length of service, training provided, and previous
of Sanction
disciplinary actions. I found no prior disciplinary history on file over the
course of your three (3) year career with DOC. However, your actions on
January 29,2011, when you failed to verify the Chapel was clear of offenders
and falsely logged it as clear at 2045, and your subsequent failure to fully and
honestly answer all relevant and material questions asked of you during both
. a Department investigation and an outside law enforcement investigation
cannot be overlooked.

PDU-17612

000039

10/2512011
Page 5 of6

By failing to adhere to your post requirements to accurately monitor offender
movement, you did not verify with Officer Biendl by radio, phone, or other
means that the Chapel area was clear of all offenders after the 2030 offender
recall movement. Additionally, the logbook entry you made indicates the
-Chapel-cleared-at-2045;-you-admitted-,you-doGumented-in-the-logbook-that-theChapel was clear based on your own assumption. and not proper verification.
Your failure severely.compromised an essential safeguard put in place by the
Department in order to observe, monitor, and account for offenders during
movement periods. It was during the 2030 offender recall movement,
approximately 13 minutes prior to the time you documented the Chapel
cleared in the logbook, that Offender Byron S. exited the Chapel and was
able to tum around, go back through and close the gate, and re-enter the
Chapel without detection where he proceeded to attack and murder Officer
Biendl. You also failed to verify that Officer Biendl departed the Chapel at
the conclusion ofher scheduled shift at 2100 hours, which contributed to the
delay in discovering she was unaccounted for.
Additionally, you provided inconsistent and apparently untruthful statements
.regarding your actions on January 29,2011, to DOC investigators throughout
the course ofthe investigation. Further, you provided conflicting statements
to MPD detectives regarding your account of events on January 29, 2011, .
which were also in conflict with what you reported to DOC Investigators
throughout the course of this investigation.
.As a custody staff member, you are the foundation for the preservation of the
safety and security of those under the Department's supervision, your fellow
co-workers, and ultimately the public for which we serve. Your complacency
and blatant disregard for your responsibilities as outlined iIi the Department's
policies~ procedures, post orders, and expectations put others within the'
confines of the Momoe Correctional Complex at unnecessary risk, and
provided Offender Byron S. with a greater opportunity to reenter and remain.
in the Chapel without immediate detection. Your choice to enter information
in the Tower 9 logbook, which is a legal docmnent, based on assumption and
not proper verification is unconscionable and contrary to your responsibilities
as a correctional professional.
Your negligence, poor judgment, and dishonesty are unacceptable behaviors
that calIDot and will not be tolerated. Your disregard for the Department's
policies, procedures, and other security measures and your lack of
truthfulness about your actions on January 29,2011, has caused irreparable
harm to your credibility and my faith in you as a correctional professional and
in your ability to adequately and effectively perform your duties. Your
actions on January 29, 2011, were complacent and negligent. Furthennore,
were untruthful 6n multiple occasions throughout the investigation and were
. not fully forthcoming about your actions, or lack of actions, until conflicting

PDU-17612

000040

10/25/2011
Page 6 of6

evidence, including your own statements, was presented to you. I cannot trust
that you will not engage in this type of negligence and deceitful behavior
again, and I am unwilling to risk that you will fallback into a pattern of
complacency·and compromise-fundamentalacc0untability procedures-in-the
future. Accordingly, I have determined discharge is the appropriate level of
discipline.
Appeal Rights

Under the provisions of Article 9 of the Collective Bargaining Agreement,
.
you may ,!-ppeal this discipline.

fi~
Frnl~p:rintendent

Scott
Monroe Correctional Complex
cc:

Donna Haley, Human Resources Director
Labor Relations
'
Payroll (first paragraph only)
Personnel File (including investigation)

PDU-17612

000041

3
STATE OF WASHINGTON
DEPARTMENT OF CORRECTIONS

NEW EMPLOYEE POLICY ACKNOWLEDGEMENT

a. 'Employee Handbook: I acknowledge receiplof the Washington State Department of Oorrections (000)
Employee Handbook, (P 070) and agree to become familiar wilh and'have a.thorough knowledge and
understanding of the contents.
b.

Human:.Resourees pe>licies and Directives:.! acknowledge reeeipLofa.summary of DOC Human Resources
Policies arid Direclives:and understand that I am responsible for knowing andfoJlowingthe DOC Human
.Hesources Policies.~nd·Directives ..

c.

Workplace Diversity Policies and Directives: I acknowledge receipt of the DO C Policy 100.500 NonDiscrimination; DOC. Policy 810.005 Equal Employment Opportunity/Affirmative Action; DOC Policy 850.625
Sexual Harassment; DOC Policy 840.100 Reasonable Accommodation Policy an d QOC Policy 840.150 Internal
DiscrjminationComplainl Policy and form.
.

d.

Smokin.g: I am awar.ethaLsmoking is, prohibited within all DOC indoor. employee work·and break. areas, state
vehicles and. other areas as·may.be designated.
.

e:

statement of Risk: I understand thatl/wiIL be working with offenders in a stressful, potentialIy hazardous
situation.
..
.

.A.

g.

Trainir19: !,understa~d,:that/am reqUired to..attend and successfulIY complete, withinthe first six months of my
. app6intnientj:new,empIQye.e,training;and.other-training specific to my job class. Where Correctional Worker'
GORE is provided, all' newly hired staff-are required to attend.
.
AcknowledgementofSearch: ..Washingtonqtate Law prohibits the-trafficking ofclJntraband Wi(ti-:inmates of.
adult correctional facilitres.Employees and their automobiles are SUbject to searcM when there is reasonable
suspicion asdeti?rminedby the':superintendenlor designee to believecriminal.acticm has occurrecl,is
'o·ccurrin.g, or is. imminent. I u,nderstand·that,as:,an employeEj; I have·theoptlontoeither.besearchea or
imm~diately leaveJheinstitution.· "also understar:Jd that· ifl' optto leave without being'searched,:I-may be
subject fo disciplinary aetton up to and including dismissal.'
.

h, Corrections Academy: All Correctional Officers and Corrections Mental Health Counselor 1~s;are r.equired to
,atiend .the Washington stE\te Criminal JusliceTr!=liningCommission's (CJTC) Correctional'Officers Academy,
.and allCo'rrectionai C'ounselors,ICommunity Oorrections Officers and other;Correciions' Mental Health
:Oeanselorsare requiJ~d ,to. atiend,fheCJJC Adult Services Academy:' understEu:Jo a passing scoreifrom the
CJTC Academv is required for continued emaloyment. The academies are normally' sc;heduled' Monday through
Friday, 8:00 a.m. to 5:00 p.m. 0 NOT APPLlCA8LE
,
Firearms Qualifications: All DOC employees who may be assigned or issued firearms shall successfully
complete the firearms traif!ing and familiarization course conducted by the Departm eri! and will be qualified at
least annually. FailLire to successfully pass this reqUirement may result in separation .or inability to continue in
my assignment or work. 0 NOT APPLICABLE
.

j.

Community Corrections Use of Firearms: I undersi~nd thaI I may request to carry a firearm while acting as
an agent of fheDepartment of Correctio'ns and must be granted prior written permis sion from the designat~d
department head. I must be qualified in the use of these firearms to reoeive such authorization. I understand
that a weapons permit is required to carrY'a concealed weapon. .1 have reViewed, understand, and agree to
oomply with boc Policy Directive 420,200 and Division of Community Corrections Directive 145. 0 NOT
APPLICABLE

k.

Employee Llcensure:'Employees whose positions requir.e that they be professionallyHcensed Le., Registered
Nurses, Nurse Practlti.oners,.LPN's, Dentists, Psychologists, Pharmacists etc., MUST submit a current license
to practice upon employment with the Department. I understand·that ]( is my responsibility to provide my
supervisor a current copy of my license each time it is renewed and that this licensure' is necessary for
continued employment. I understand that I will bear all necessary and associated costs to maintain licensure.
D NOT ApPLlCA~LE' .

.DOC 03-097 FRONT (Rev..06/09105) HR / POL

Page 1 pf 2

PDU-17612

000042

Faoel Handler's Permit: I understand that a current Food and Beverage Service Worker permit is necessary
for continued employment if my duties include preparation and/or handling of unpacl,ageel unwrapped foods.
This permit must be obtained at my expense within 30 days from the date of initial employment. I understand
that employees who are assigned to food service areas may be inspected dally by designated personnel for
visual signs of illness, infections, or obvious skin lesions, etc" on hands, arms, face, and necl, and that I ma\,
be relieved from duty and required to furnish a medical certificate if these signs are observed on my Dersor. .
NOT APPLICABLE
.

o

ill

Alcohol and Controlled Substances Testill~J for' Safety-Sensitive Employees (COLI Drivers: I
acl(nowledge receipt of DOC Policy 810.010, Alcohol and ControlleeJ Substance Testing for Safety Sensitlv0
Em ployees (COL Drivers), I also acl<nowledge I'eceipt of educational materials covering alcohol and controlle~;
s,ubstance misuse, their effects in the work place, rehabilitation services available, and the identitv of the
person(,,} c1esignatecl by DOC to answer questions about these materials 0 NOT !l,PP!..lCA8L.~

1'1

Additional materials received in my orientation paci<et:

Collective Bargaining Agreement (CBA)
Employee Safety and Infection Control 1-1 ,,1IIel\)00\', (lYle :"h'
Drug And /\Icohol Free Workplace('8-5fH-OOp(:~()·IS() Ethics policy (800.010)
Employee Advisory Service Pamphlet
Executive Order: Domestic Violence and The Workolac;(:
Emplo)/ee Development and Performance Plan
Acceptable Use of Technology (280,100)
.
Employee Relationships /Contac! with offenders
Reporting State Employee Misconduct (WhisUeblower) I'l[JU,300)
(850,030)
W/\ State Employees Suggestion (Brainstorm) Form
'
10818~ll~~It::l:tti.q

'I,,' ~~

Protecting '(our Personal Information (P185)

Outside ErnploymentlVolunteer Activities policy (850.02GI
I5tlieeliR8s fG~9@Gf4:Gt:s@Xtlai=Al:i8St!, COf-tl-ael';=@(:.~6>.-c...sSIY\S~
SSo,l,;l,S) "II IV ~sU9~tioi \ ofAliegecrcuslodial Svxua: Mtseeft€lt:lG4g.W,,(),~0-1-_
.(>,e, I ~ (;) /" ~A-.p c... ij, f'h ,;-' ~ '0.,., -A2.<lU'(.)VtL ;:.~,' (~I (r\) . ?' 0,.:,
Orientation Checklist: I acknowledge receipt of the New Employee Orientation Checklist (DOC 03-212) i,denji~/lrlg
.
specific topic areas to be covered by human resources, payroll, training office staff and/or my supervisor,

St-..r--u.aJ.

C

I understand it is my responsibility to be continually familiar with the above local institution/office policies,
procedures, and field instructions, DOC policies and procedures, pertinent post orders, the duties described in my
classification questionnaire or Washington Management Service position description form and'the expectations of
my work unit. '
In addition, I acknowledge the above listed topic areas (a through n) have been reviewed with me. Ihave been told
where the DOC Policies and Directives Manual is kept or that I may review them electronically on the DOC intranet.
I unde~stand that the informa~ion provided is not meant to be all-inclusive but that I am to use it as a guide in getting
, myself orierited to my responsibilities as a DOC employee, If I have questions, I understand I am to contact my
supervisor or Human Resources.
DATE

I

DATE

The contents of this document may be eiigible for pUblic disclosc/ra.
Social Security Numbers are considered confidential information and will be redacted in the event of such
This. fom ;s governed by Executive Order 00-03, RCW 42.17, and RCW 40.14. '
,

Distribution: ORIGINAL - Personnel File COpy - Employee
DOC 03-097 BACK (Rev 06/09/05) HR 1 POL

Page 2 of 2

PDU-17612

000043

1I

request.

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I

I'

.... _-,'

STATE OF WASHINGTON

DEPARTMENT OF CORRECTIONS
MONROE CORRECTIONAL COMPLEX
P.O. Box 777 • Monroe, Washington 98272·0777 • (360) 794-2600
FAX (360) 794·2569

PERSONAL AND CONFIDENTIAL DELIVERY
October 25, 2011
Charles Mavnard

Mr. Maynard:
Notification of This is your official notification of your discharge from position # C489 as a
Disciplinary
Corrections and Custody Officer 2, effective immediately. This disciplinary
Action
action is being taken pursuant to Article 8 of the Collective Bargaining
Agreement (CBA) between the State of Washington and Teamsters Local
Union #117.
Misconduct

This disciplinary action is for the following misconduct:

1. On January 29,2011, you failed to properly inspect and secure the
Chapel after locating missing offenderByron S., DOC #287281.
Specifically:
a.
On April 1, 2011, a Critical Incident Review (CIR) surrounding
the death of Correctional Officer Jayme Biendl on January 29,
2011, at the Momoe Correctional Complex was initiated by the
Depc:j.rtment of Corrections (DOC). The CIR Team reported to
DOC Management that it noted during its review of the incident
that you appeared to secure the WSRU Chapel after locating
Offender Byron S. in there, but did not thoroughly search and
inspect the Chapel building.
b.
The just cause investigation conducted by DOC Investigators,
which was provided to you on September 8, 2011, confirmed by
both video surveillance of the Chapel and your own statements
during your second investigatory interview, your failure to search
and inspect the Chapel.
c.
The Chapel sanctuary, just one of the areas in that building you
failed to search after finding Offender Byron S., is where Officer
Biendl was found by other staff over an hour after you found the
offender and secured the building. Had you conducted a proper
search of the building Officer Biendl would have been found over
an hour sooner.
" Working Together for SAFE Communities"

o

recycled p.per

PDU-17612

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,

"

10/25/2011
Page 2 of5

2. You submitted an incident report on January 29, 2011, in which you
falsely documented that you inspected and secured the WSRU Chapel
after-locating. missing-offender Byron-S. -Specifically:.
a.
0n January 29,2011, you submitted an incident report
documenting you "inspected and secured the chapel" after
locating Offender Byron S. at approximately 2119 hours on
January 29,2011.
.
b.
During your interview with DOC Investigators on June 29,2011,
you admitted you did not inspect the Chapel as you indicated in
your January 29,2011, incident report.
c.
Further, when asked by DOC Investigators why you falsely
documented that you had inspected the Chapel on January 29,
2011, you stated "I wrote down what was expected of me, 110t
what 1 did".
.3. On January 29,2011, you failed to inake proper notification that you
had located missing offender Byron S. in the Chapel. Specifically:
a.
On January 29,2011, upon locating Offender Byron S., you
yelled out to COs Fredricks and Wahleithner that you found the
offender, but failed to make any additional notification that you
located the offender and continued toward the· Chapel by yourself.
b.
The just cause investigation conducted by DOC Investigators
reveaied it was not until approximately two minutes after you
located Offender Byron S. that CO Fredricks made radio
notification that the offender was found and his location.
c.
During your investigatory interview you stated you were talking
to the offender and CO Fredricks made the radio call when she
arrived at the Chapel "right behind'~ you. However, statements
given to investigators by CO Fredricks and CO Wah}eithner
indicate they were approximately one to two minutes behind you.
4. You failed to honestly answer questions asked ofyoD during a DOC
investigation. Specifically:
a. During two separate investigatory interviews with DOC
Investigators, May 25 and June 29,2011, you claimed to have
inspected the Chapel after locating the missing offender. It was
not until after the Investigators presented you with information
indicating the video footage from January 29,2011, in the Chapel
did not support your claims that you provided truthful responses
regarding your failure to inspect the Chapel.

PDU-17612

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10/25/2011
Page 3 of5

5. You failed to honestly answer questions asked of you by external law
enforcement agencies during an investigation. Specifically:
a.
On February 1,2011, you were interviewed by Monroe Police
Department (MPD). detectives regarding your actions on the night
of January 29, 2011. The statements you provided the MPD
detectives contradict the statements you made during your
interviews with DOC Investigators on May 25 and June 29, 2011,
the video footage of the Chapel from January 29,2011, and the
statements provided to MPD detectives and DOC Investigators by
COs Fredricks and Wahleithner.
b.
These contradictory statements include, but may not be limited to,
you telling MPD d~tectives that: you waited for "back-up" prior
to malcing contact with Offender Byron S.; COs Fredricks and
Wahleithner were right behind you when you entered the Chapel;
.you engaged in conversation with Offender Byron S. inside the
Chapel foyer with COs Fredricks and Wahleithner present; you
went through and checked the unlocked parts of the Chapel
including the library and offices to the left; and you did not check
the sanctuary, where Officer Biendl was later found, because the
door was locked.

Investigation

Workplace Investigator Jennifer Piukkula completed a fair and thorough
Investigation into this matter. A copy of the report, which described these
charges in detail, was provided to you on September 8,2011.

Predisciplinary
Meeting

A pre-disciplinary meeting'was scheduled with you on September 14,2011.
TeamstersBusiness Representative Sarena Davis sent notification to Linda
Gilstrap, HR Manager'on September 13, 2011, stating you would not be
attending the pre-disciplinary meeting in person. You also chose not respond
in writing by September 13,2011, as an option outlined in your predisciplinary letter.
.

Awareness of
Standards

Your behavior violated DOC Policy 400.200 Post Orders and Post Logs
(Restricted Polic)~, DOC Policy 420.320 Search ofFacilities, and MCC
WSR Post Orders for Responsive Movement Officers (Restricted). These
policies.and post orders provide specific guidance on reviewing post orders,
conducting systematic and thorough searches, and phases of emergency
response and responsibilities. Including notification requirements upon
detection of an issue which specifically state "Do not become actively
engaged in the problem/incident until notification has been made and
assistance has arrived", and "Once the nature ofthe emergency has been
detennined, make. clear, accurate notification". Your actions on January 29,
2011, of failing to thoroughly search the Chapel building and engaging an
offender alone without making proper notification and waiting for assistance
to arrive were not consistent with the above-listed requirements, created a
significant safety and security issue, and delayed the discovery of Officer

PDU-17612

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10125/2011
Page 4 of5

Biendl by over an hour.
Your actions were also in violation of DOC Policy 800.010 Ethics,
Performance Expectations set by your Supervisor signed and dated by you on
September 9, 2010, and Department Expectations and CORE Competencies
- outlined -in the -Department of-Corrections -Employee-HandbookIelative to
Safety, Accountability, Judgment and Problem Solving, Communication, and
Ethics and Integrity. These policies and expectations communicate the
importance of safety, accountability, good judgment, and integrity. By
submittil1,g a false incident report which indicated you had searched the
Chapel when you had not, being untruthful during the course of this
investigation, and being untruthful to MPD detectives, you failed to adhere to
these expectations.
You were aware of these policies. On June 21, 2000, you received and signed
a Department of Corrections New Employee Checldist, wherein you signed
that you ac1rnowledged receipt of the Employee Handbook and agreed to
become familiar with and have a thorough knowledge and understandingof
the contents. (Attachment #1). Your signature also ac1rnowledged your
understanding ofyour "responsibility to be continually familiar with the
above local institution/office policies, procedures, and field instructions, DOC
policies and procedures, pertinent post orders, the duties described in my
classification questionnaire or Washington Management Service position
description form and the expectations of my work unit."

Determination When determining that this discipline was appropriate, I reviewed your
personnel file and training record. I fmd no prior disciplinary action in your
of Sanction
file. You have been an employee of the Department for over 10 years, and are
well aware of the policies, procedures, post orders, and expectations in place
governing safety, security, and operations at MCC.

Your actions on January 29,2011, and during the investigative interviews
with DOC Investigatms and MPD detectives were egregious and
unacceptable. You not only failed to complete a proper and thorough search
of the Chapel which resulted in Officer Biendlnot being discovered in the
Chapel.sanctuary for in excess of another hour, you engaged an offender
. suspected of attempted escape without proper notification or waiting for
backup. Your complacency and negligence compromised your safety and the
safety of others, as well as delayed the discovery of Officer Biendl.
Furthermore, you willfully provided dishonest accounts of your actions on
January 29,2011, on multiple occasions when you provided false
documentation regarding your actions, were untruthful with DOC
Investigators during the course of the investigation, and were untruthful with
MPD detectives about your actions. It was only when you were presented
with video footage that you admitted your failure to properly search and
secure the Chapel at WSR.

PDU-17612

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10/25/2011
Page 5 of5

Your negligence, carelessness, poor judgment, and dishonesty are
unacceptable behaviors that cannot and will not be tolerated. Furth~r, your
complacency and blatant disregard for policies, procedures, operational
memorandums, and post orders put yourself, your co-workers, and offenders
'within the confines· of-the Monroe-Correctional Complex, at unnecessary risk.
You failed to ma1ce proper notification upon location of Offender Byron S.
only yelling out to two of your co-workers prior to continuing forward into
the Chapel alone. You made contact with Offender Byron S. without waiting
for your co~workers, who were approximately two minutes behind you, to
arrive on the scene. Furthermore, once back-up did arrive, you failed to
thoroughly inspect the building where you found the offender. Including the
sanctuary of the Chapel where CO Biendl was discovered over an hour after
you located Offender Byron S. in the building.
Overall, your aptions as described above have caused irreparable harm to my
faith in -you as a correctional professional and in your ability to adequately
and effectively perform your duties. Your actions on January 29,2011, were
complacent and risky and severely delayed the discovery of Officer Biendl.
Furthermore, you were untruthful on multiple occasions and did not see fit to
be honest about your actions, or lack of actions, until evidence that you could
not ignore was presented to you. I cannot trust that you will not engage in
this type of negligence and deceitful behavior again, and I am unwilling to
take the risk of you placing yourself and/or your co-workers in danger In the
future. Accordingly, I have determined discharge is the appropriate level of .
discipline.
.Appeal Rights

Under the provisions of Article 9 of the Collective Bargaining Agreement,
you may appeaf this discipline.
'

;;..--''----~-e.-4--

lre~

"""'''"''''-...........
Superintendent
Monroe Correctional-Complex
cc:

Donna Haley, Human Resources Director
Labor Relations
Payroll (first paragraph only)
Persoill1el File (including investigation)

PDU-17612

000048

DEPARTMENT OF CORREC.TIONb'·
NEW EMPLOYEE CHECKLIST
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- ;tTCE/I:NSTITtr:r:TON

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"STATEWIDE .AOKNOilTIiEDGMENTS

A.

'RECEIET ,OF,HANDBGOE:.

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I 'ac):now.led,ge rece.i;pt 'of the Emp,loy;ee.'Handbook
Washi:ng±oD.:S:t·ate :'D~partment 'of correct±ons, ·'a'ndagree"bo ·become familia)
':w:ith .:i:a'nd 'have ,·a ,·thorough .):nowl'ed,ge a'nd ',understanding o-f':the :.contents.
Handboo)c Reprinted 6/93
.
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s.ignature_ _
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EI11ployee

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DATE '7- 2,

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:P;ERSONNEL PQLICY'D:'IRECTI::V'EACKNDWLEpGEMENT': I "have .:re.:v:±ewedand;undersban(
'itha,t 'r ·-am ":I:1e'spons':i'bl'~"f,'6r ·"knowingand":'f·o'11ow:ing.theDepartment··'o'f
~Gorrectj"ons;f;BersonIie'l·P.olicy·:.'E)'irec:t-ives
. i I --vras:to'l:d ;w;here;,theiD.~partmeni:
::po·1 i c.y .Direct'iV'~:'Manual .is "kept :and 'rea,l'ize '.that IT· ,am "e~'ected;t:o'ibe
fami'J.::l'ar wi i:f.l .·themanuaT and ,to' )~·eep·'current ·on ;po'licy,-·· di:rectiv.es .
If I
·,have any "questions, T understand·that ,I ·.am wto.:con:bact :my su,per,vJ.:soror lD)
personnel officer.
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DATE
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Emp1 oyee S l.gnau:r:e
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CONFliI'CT OF ~N.TERES[,-DECLARATION:·I
am not cur:reritly r:~late:d to or
resi~ing:. ,wi,th ·anY~lIlP'l·oY'e~ :,ctt: :the s.tate:Whb is in IQY. slJpery:i:sorY'dhain of
- coIIUIlaria.~·or ir(,an·adult "l1el:a~tionsh'ip oyer ·:·qr:below .m.e~I·ti:nd.ersfandthat I
,Iinis·t r~port to:·ro.Y"· s-upervis:or ·in '·Wri·tfng.any current or ·potentia:l . : confIi ct
a:f:.·i:rt'berest .'in.:acdbrdanCe :wi'th the;.. :'laws .pf the 'Sta·te of Washington, and
local ins:titution( office' ·pol-icies/,procedur:es. '
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Employee signature
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CORRECTIONS AC1illEMY:
All Correctional Officers. will be .required to·
attend the Washington state Criminal' Jllsti.c.e ·,.Training., .COmnlis:p.:io.Ii" .(CJ.TC)
-corrections Officers Academy, and all Correctional .counselor;'s :and·'ColllDlunity
corrections Officers will be required to. attend th§ ..CJT·C. ·Correctional
Services Academy. I understand that a passing score fr·om·theCJT,9Acad-elDY
is required for continued employment. .The academies' are normallY scheduled
for a two-week period for counselors and a four-week academy for
corr~ctional Officers.
classes are conducted. Monday through Friday, 8:00
a.m. tD 5: 00 p.m.
I understand that, subsequent to the training and/or
institution/office training, I will be assigned tD my permanent schedule of
either day, swing, graveyard, or turnaround shifts with any 2-day period
scheduled Dff.
~
EmplDyee

signature~-::~--:.))
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.

FIELD LOCATTON ACICNOWLEDGEMENTS

DATE

'--'---

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DATE

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FIREARMS QUALIFICATIO~S:
All Department Df CDrrections employees who
may be assigned or issued firearms shal:
.ete the firearms
training and familiarization CDurse CDn
I~""'U
f
/!-. ::ment and will be
qualified at least annually. Failure tl
fOveAl. Yv,JIyu' ~his reauirement
mav result in seDaration or 1nability t,
i1.gnment or wDrk.

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EmplDyee signature
PDATED 1/97

PDU-17612

000049

Page 2
NAME:
/

C.

Employees whose duties involve the prepc:::-at ~ ~ r
andj or handling of unpackaged or unv.rrapped :r,oods are required to maint
a current Food and Beverage Service workers Permit. I understand that
i~
permit is necessary for continued employment and must be, obtained. a~ m\
expense within 30 days from the date of initial employment.
I, unde::-stan~
that employees assigned to food service areas may be inspected daily b",
designated personnel for visual signs of illness, infections or obvious ski~
lesions, etc., on hands, arms, face and neck and that I may be relieved f~or.
duty and required to fu::onish a medical certificate if these signs a~,,,
observed on my person.
'
j
FOOD HANDLERS PERMIT:

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Emp 1 oyee S igna ture_--=,~...,.
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CO:MMUNITY CORRECTIONS USE Or?-:EREARMS:
I understand tha.t I may bear and USE:
firearms While acting as an agent of the Department of Corrections onlv ~d th
prior written permission of the Director of community Services and that I
must be qualified in their us~ to receive such authorization. I unde::-stanj
that a weapons permit is reqUired to carry a concealed weapon.
I have
reviewed and understand DOC Policy Directive 420.200 and Division c:
community services Directive 145.
Employee Signature

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EMPLOYEE LICENSUHE:
]l~ll Department
of Corrections Employees whos e
positions require that they be licensed, Le., Registered Nurses, Nurse
Practitioners, LPN's, Dentists, Psychologists, etc., must submit a cu~~pnt
license to practice upon employment with the Department. I understand t
_
i t is my responsibi-lity to provide my employer's Personnel' office a cur"--'T"lt
copy of my license each time it is renewed and that this licensur
.s
necessary for continued employment.
Employee Signature

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?ERSOl-l"NELjPJi._YROLL FORMS TO BE

~-ersonnel

C~PLE~

DJI.TE

9

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,

Questionnaire
(Copy of Identification)
~ Acknowledgement of Search
Employee Emergency Card
~Authorization to Release Information,
(~_"Appl~cant Criminal conviction Disclosure Form
~IRCA Form

ERSONNEL MATERIALS PROVIDED TO EMPLOYEE
LEASE INITIAL UPON RECEIPT)

8- Union

Contract

~ Employee Advisory Info~ti~n,
MPLOYEE SIGNATURE
~vIEWER

SIGNATURE

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DATE

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----------------------DATE-"----------

?DATED l2J97

PDU-17612

000050

PAGE 3,

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'understand that it is my responsibility to familiarize ~yself with the loca
~nstitution/office policies and procedures,- DOC
policies and procedures
pertinent post orders, the duties described in my classification questionnairl
and the expectations of my work unit.
I understand thcit the above is not intended to be inclusive but to ensure thai
basic information is provided.
"
~
Employee signature:

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TOPICS COVERED BY PERSONNEL/PAYROLL OFFICE

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(J2

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Paychec)c (when, Where, overtime, auto deposit, paydays)
types explained on pay check and according to policy)

(leave anc

, Mandatory deductions: OASI, FICA, Retirement, Union, Medical Aic
Performance Evaluation Process
Accident Reporting,
Legislation.

L&I 'Claims,

Workers

Compensation ,

Intra-Institutional Transfer Requests (Article
Institution Collective Bargaining Agreement) ~

9,

Assault

Transfers,

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RecruitmentAnnouncements/Applications (promotional opportunities,
local ~ist versus DOP registers).
State employment registers
Locale of ~evised Code of, Washington, Washington Administrative
Code, Departmental POlicies, and.difference of policies.
Executive Order 91-06 prohibiting Discrimination and Establishing
Affinpative Action and Work Place Diver'si ty Policy
DMB 250.001 - Procedures for Reporting State Employee Misconduct
(Whistleblower)
Internal Discrimination Complaint Procedure 87-018

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DOC Policy Number 100.500 Non Discrimination

'he above initialed topics have been reviewed with me.
mployee Signature

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D a t e f - 2/-

C'!{3

eviewer's Signature
Date
ginal: 'Personnel -F-;i-=l-e---------------------------) 3.ted l/97
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PDU-17612

000051

STATE OF WASHINGTON

DEPARTMENT OF CORRECTIONS
MONROE CORRECTIONAL COMPLEX
p·.O. Box 777 • Monroe, Washington 98272-0777 • (360) 794-2600
,
FAX (360) 794-2569

PERSONAL AND CONFIDENTIAL DELIVERY
October 25,2011

David Young

Mr. Young:
Notification of This is official notification of your discharge :B.-om position # 0617 as a
Corrections and Custody Officer 2, effective immediately. This disciplinary
Disciplinary
action is being taken pursuant to Article 8 ofthe Collective Bargainil)g
Action
Agreement (CBA) between the State of Washington and Teamsters Local
Union #117.
.
Misconduct

This disciplinary action is for the following misconduct:
1.' On January 29,2011, you were outside of your assigned zone of control
(Zone 3) for a majority of your shift at the Washington State Reformatory
Unit (WSRU), including during offender movements. Specifically: .
A. On or about April 1, 2011, a Critical Incident Review (CIR) was
conducted by ateam from the Washington State Department of
Corrections (DOC) surrounding the death of Officer Jayme Biendl
on .T anuary 29, 2011, at the Monroe Correctional Complex. The
CIR team noted that several Thil'd Shift· Response and Movement
(R&M) officers complained that it was common for you to leave
your assigned Zone 3 area of coverage. The CIR team also noted
that you were not in your assigned zone during the 2030 recall
movement.
B. During the just cause investigation conducted by DOC
Investigators, you aclmowledged you were assigned as the Zone 3
Officer on January 29,2011. You also ac1mowledged you were
not in your assigned zone of control during multiple offender
movements on January 29,2011, including the 2030 recall
movement, a task which is specifically outlined in your post
orders. You told Investigators you were at the base of Tower 9,
which is outside of Zone 3, assisting with pat searches during the
2030 recall movement, which you believed was allowed.
" Working Together for SAFE Communities"

o

recycled paper

PDU-17612

000052

October 24, 2011
Page 2 of5

C. On January 29,2011, it was during the 2030 recall movement that
Offender Byron S. took advantage of you not being in your
assigned zone of control. .Offender Byron S. exited the Chapel,
-noticed there was nat an Officer-present.on.thewalkway near the
Chapel gate, turned around, went back through and closed the
Chapel gate, and re-entered the Chapel building undetected where
he subsequently attacked and murdered Officer Biendl.
2. You reported conflicting statements, and you failed to honestly answer
questions asked by DOC Investigators, and external law enforcement,
during a DOC investigation. Specifically:
A. During investigative interviews with Viorkplace Investigator
Jemnfer Piuldcula on May 24,2011, and June 1, 2011, you stated
youwere at the base of Tower 9, outside of your assigned zone,
during 2030 recall movement assisting with pat searches of
offenders returning from the recreation yard and talking with COs
Maynard and Wahleithner. However, neither CO Maynard nor CO
Wahleithner recalled you being at the base of Tower 9 during the
.
2030 recall movement..
B. Your statements about what you were doing during the 2030 recall
movement to Inve~tigatorPiukkula differed from those you
provided in your February 7,2011, interview with Monroe Police
Department (MPD) detectives. You told the MPD detectives that
you were on the computer sending an email at 2030 hours, and
arrived at Tower 9 at approximately 2032 hours.
C. During your May 24,2011, investigatory interview you Claimed to
be involved in the escort of Offender Byron S. after he was found.
However, these statements again differ from those of your coworkers who were involved in the escort and from what you
reported to MPD detectives.
·D. When Investigator Piuldcula sent you your interviev;r statements for
review of accuracy, any necessary changes, and signature, you
made multiple edits to the documents that were not accurate
depictions of events from your interviews on May 24, 2011 and
June 1, 2011. Instead of providing clarification to the statements,
you added statements that were not made during the interviews
and you deleted factual statements without clarification.
Investigation

Workplace Investigator Jemlifer Piukkula, completed a fair and thorough
"investigation into tms matter. A copy of the report, wInch described these
charges in detail, was provided to you on August 19, 2011.-

PDU-17612

000053

October 24,2011
Page 3 of5

Predisciplinary
Meeting

A pre-disciplinary meeting was scheduled with you for August 23, 2011.
Teamsters Business Representative Sarena Davis sent notice on August 22,
2011, stating you would not be attending the pre-disciplinary meeting in
person, nor would you be responding in writing.

Awareness of
Standards

Your behavior violated DOC Policy 400.200 Post Orders and Post Logs
(Restricted Policy), DOC Policy 420.320 Search ofFacilities, DOC Policy
420.155 Callout Systems, and WSRU Post Orders for Response and
Movement Officers (Restricted). These policies and post orders provide
specific guidance on reviewing post orders, conducting systematic and
thorough searches of areas used by offenders, offender movements, and
designated zones of control. The post orders for your Response and
Movement position specifically state, "During open movement periods
Response and Movement Officers will be at their designated zones of
control". Your actions on January 29,2011, of admittedly failing to be in.
your designated zone of control during multiple offender movement periods,
including the 2030 recall mevement;-were in direct violation of the abovelisted requirements, created a significant breach in security measures, and
resulted in Offender Byron S. taking advantage ofthe lack of custody
presence during movement and returning inside the Chapel undetected.
Your actions were also in violation of DOC Policy 800.010 Ethics,
Department Expectations and CORE Competencies outlined in the
Department of Corrections Employee Handbook, specifically, Safety,
Accountability, Judgment and Problem Solving, Communication, and Ethics
. and Integrity. These policies and expectations communicate the importance
of safety, accountability, good judgment, honesty, and integrity. By failing to
perfonn the full scope of your.post duties, being untruthful on multiple
occasions during the course of this investigation, and reporting conflicting
statements to DOC Investigators and MPD detectives about what you did and
did not do on January 29,2011, you failed to adhere to these expectations.
You were aware of these policies. On January 4, 2008, you received and
signed an Acknowledgement of Receipt (Attaclunent #1), and agreed to
become familiar with and have thorough knowledge and understanding ofthe
contents of the Depaliment of Corrections Employee Handbook. Your
signature also acknowledged your understanding of your "responsibility to be
continually familiar with the above local institution/office policies,
procedures, and field instructions, DOC policies and procedures, pertinent
post orders, the duties described in my classification questionnaire. or
Washington Management Service position description form and the
expectations of my work unit."

PDU-17612

000054

October 24, 2011
Page 4 of5

ViThen detennining that this discipline was appropriate, I reviewed your
previous work history, length of senTice, training provided, and found no
previous disciplinary actions over the course of your three (3) year career
with the Department. However, your actions on January 29,2011, when you
- were outside of-your assigned-zone of control, includ.ing.during.multiple
offender-movement periods, and your subsequent failure to cooperate with a
Department investigation and funy and honestly answer all relevant and
material questions cannot be overlooked.

Determination
ofSanction

By failing to adhere to your post requirements to be present in your
designated zone of control during offender movements, you were not in a
position to properly observe offender movements in zone 3 on January 29,
2011. Your failure severely compromised an essential safeguard put in place
by the Department in order to observe, monitor, and account for offenders
during movement periods. Offender Byron S., DOC #287281, took full
advantage of your failure on January 29, 2011. By your own admission? you
were not in your assigned zone, zone 3, and were not in position to have a
visual of the gate and walkway leading out of the Chapel during the 2030
recall movement. It was during that offender recall movement that Offender
. Byron S. exited the Chapel saw that no one was standing at or near the gate,
and was able to 'turn around, go back through and close the gate, and re-enter
the Chapel without detection; where he proceeded to attack and murder
Officer Biendl.
Additionally, you were untruthful regarding your actions on January 29,
2011, to DOC investigators on multiple occasions throughout the course of
the investigation, to include adding statements to your interview summary
that were not made, and attempting to delete other statements that were made,
. during your investigatory interview. Further, you provided conflicting
statements to MPD detectives regarding your account of events on January
29, 2011,_which were also in conflict with what you reported to DOC
Investigators throughout the course of this investigation.
As Cl: custody staff member, you are the foundation for the presenTation of the
safety and security ofthose under the Department's supervision, your fellow
co-workers, and ultimately the public for which we serve. Your blatant
disregard for your responsibilities as outlined in the Department's policies,
procedures, post orders, and expectations put others within the confines of the
Monroe Correctional Complex at uill1ecessary lisk, and provided Offender
Byron S. with a greater opportunity to reenter the Chapel without immediate
detection. Furthern10re, your unwillingness to take responsibility for your
actions and attempts to excuse your behavior by claiming it is acceptable for
you to be outside your zone.of control without pennission or informing
anyone is unconscionable and contrary to your responsibilities as a
correctional professional.

PDU-17612

000055

October 24,2011
PageS ofS

Your negligence, poor judgment, and blatant dishonesty are unacceptable
behaviors that Calmot and will not be tolerated. Your disregard for the
Department's policies, procedures, and other security measures alld your lack_
of truthfulness about your actions on January 29,2011, has caused irreparable
- --harm to-your credibility as weU as my-faith-in-you-as a correctionalprofessional and in your ability to adequately and effectively perforol your
duties. Your actions on January 29, 2011, were complacent and negligent.
Furthemlore, you were untruthful on multiple occasions throughout the
investigation and never did see fit to be forthcoming about your actions, or
lack of actions, even when contradictory evidence was presented- to you. I
camlot trust that you will not engage in this type of negligence and deceitful
behavior again, and I all1 unwilling to take the risk of you placing your
coworkers in danger in the future. Accordingly, I have determined discharge
is the appropriate level of discipline.

Appeal Rights

cc:

Under the provisions of Article 9 of the Collective Bargaining Agreement,
you may appeal this discipline.

Donna Haley, Human Resources Director
Labor Relations
, Payroll (first paragraph only)
Personnel File (including investigation)

PDU-17612

000056

STATE OF WASHINGTON
DEPARTMENT OF CORRECTIONS

NEW EMPLOYEE POLICY ACKNOWLEDGEMENT

a.

Employee Handboofc I acknowledge receipt of the Washington State Department of Corrections (DOC)
Employ.ee Handbool\, (P 070) and agree to become familiar with and'have a thorough knowledge and
understanding of the contents

b.

Human Resources Policies. and Directives: lacknowledge receipt of a summary ofDOC Human Resources
Policies and Directives and understand that I am responsible for knowing and following the DOC Human
Resources Policies and Directives.

c.

Workplace Diversity Policies and Directives: I acknowledge receipt of the DOC Policy 100.500 NonDiscrimination; DOC Policy 810.005 Equal Employment Opportunity/Affirmative Action; DOC Policy 850.625
Sexual Harassment; DOC Policy 840.1 OO"Reasonable Accommodation Policyand DOC Policy 840.150 Intemal
Discrimination Complaint Policy and form.

d.

Smoking: I am aware that smokingisprohibitecl within all DOC indoor employee worl, and,breal, areas, state
.
vehiclesancl' other areas as may be d e s i g n a t e d . '

e. ·Statement ofRisk: I understand that I will be working with offenders in a stressful, potentially hazardous
situation.
f.

Training: I understand that lam required to attend and successfully complete, within the first six months of my
appointment, new· employee training and other training specific.tomy job class. Where Correctional Worker
CORE is prOVided, all newly hired staff are required to attend.
.

g: Acknowledgement of Search: Washington $tateLaw prohibit~ the trafficking of contraband .with inmates of
adult cor-rectional facilities. Employees and'their automobiles are SUbject to search when there is reasonable
suspicion as determined by the superintendenl9r designee to believe criminal action has occurred, is
occurring, or·is imminent. I understand that as ;an 'employee, I have tne option to either·.be .searched or
'immediately leave the institution. I also understandthat'if I'opt to leave without being searched, I may.be
SUbject disciplinary action upto and including dismissal.
.

to

h.

Corrections Academy: All Correctiorial Officers and Corrections Mental Health Counselor' 1:s are. required to
attentltheWashington State Criminal Justice Training Commissio~'s(CJTC) Correctional Officers Academy,
and all 'Correctional Counselors,'Community Corrections 9fficers andcither Corrections.Mental)-\ealth
Counselors are Tequlred to attend the CJTC Adult Services Academy. I understand passino score from the
CJTCAcademv is required for-continued employment. The academies are .normally scheduled MondE\)' through
.
Friday, 8:00 a.m. to 5:00 p.m. 0 NOT APPLICABLE

a

Firearms Qualifications: All DOC employees who may be assigned or issued firearms shall successfully
complete the firearms training and familiarization course conducted by the Department and will be qualified at
least annually. Failure to successfully pass this requirement may result in seoaration or inability to continue in
my assignment or work. 0 NOT A P P L I C A B L E '

j.

Community Corrections Use of Firearms: I understE.md that I may request to carry a firearm while acting as
an agent of fhe Department of Corrections and must be granted prior written permission from the designated
department head. I must be qualified in the use of these firearms to receive such authorization. I understand
that a weapons permit is requir.ed to carry' a concealed weapon.. have reviewed, understand, and agree to
comply with DOC Polic)' Directive 420.200 and Division of Community Corr.ections Directive 145. 0 NOT
APPLICABLE
.
1

k,

Employee Licensure: Employees whose positions reqUire that they be professionallylicensed i.e., Registered
t..J urses, Nurse Practitioners,. LPN's, Dentists, Psyohologists, Pharmacists etc., MUST submit a current license
to practice upon employment with the Department. I understand that It is my responsibility to provide my
supervisor a.current copy of my license each time it is renewed and that this licensure' is necessary for
continued employment. I understand that I will bear all necessary and associated costs to maintain licensure.
NOT ApPliCABLE' .

o

DOC 03-097 FRONT (Rev. 06/09/05) HR 1 POL

Page 1 of 2

PDU-17612

000057

Food Handler's Permit: I understand that a current Food and Beverage Service Worker permit is necessary
for- continued employment if my duties include preparation and/or handling of unpackaged unwrapped foods:
This permit must be obtained at my expense withih 30 days from the date of initial employment. I.understand
that employees who are assigned to food service al'eas may be inspected dally by designated personnel for
visual signs of illness, infections, or obvious sl<in lesions, etc., on hands, arms, face, and neel', and thaI Imi:!\'
be relieved from duty and required to furnish a medical certificate if these signs are observed on my persol;
[] NOT APPLICABLE
m. Alcohol and Controlled Substances Testing fOI' Safety-Sensitive Employees (COL) Drivers: I
aclcnowledge receipt of DOC Policy 810.010. Alcohol and Controlled Substance Testing for Safety Sensillve
Ern ployees (CDL Drivers). I also acknowledge receipt of educational malerials covering alcohol and control lee
substance misuse, tlleir effects in the work place, rehabilitation services available, and the identitv of tilE'
person(s) designated by DOC to answer questions about these matenals. 0 NOT APPLICABLE

n.

Additional materials received in my orientation packet:

Collective Bargaining Agreemenl (CBA)
Drug And Alcohol Free Workplace (~)'){:;O.I)C'
Employee Advisory Service Pamphlet
Employee Development and Performance Plan
Employee Relationships /Contact with offenders
(850.030)
.;);el.s!"FHsltes'3fdtpeil i1 fS IGcS)
Protecti ng Your Personal Information (P185)

Employee Safety and Infeclion Control Handboo~ (DOC: Pi'l G\
Ethics policy (800.010) .
Executive Order: Domestic Violence and The WorkplaCE;
Acceptable Use of Technology (280.100)
Reporting 3tate Employee Misconduct (WIllslleblower) (19U.300)
WfJ, State Employees Suggestion (Brainstorm) Form

Outside EmploymenWolunteer Activities policy (850.025)
ooieLiiAs" wFlfI\l8stigatlGI44r:::~m,wal } .!:JeL, COflta§~t:-.
g~u.J ~6>.-'c...sSIY\t,~·
SSo, l,~S) .jl iv~s{jgatioil of Alleged Cus[oJ;ell Sexual MiseeAEJ~Gt~2O.i-¥'~ I ~ 0 n ~,,,,,p c... 6h n-" r. A~ ·CJ.,-, {1toCcDV.1?-:i: /~:! cl i..) 'if bJ "
Orientation Checklist: I acknowledge receipt of the New Employee Orientation Checklist (DOC 03-212) identi~ing'
/'
specific topic areas to be covered by human resources, payroll! training office staff and/or my supervisor.
r.

C

I understand it is my responsibility to be continually familiar with the above local institution/office policies,
procedures, and field instructions, DOC policies and procedures, pertinent post orders, the duties described in my
classification questionnaire or Washington Management Service position description form and the expectations of
my work unit.
in addition, I acknowledge the above listed topic areas (a through n) have been reviewed with me. I have been told
where the DOC Policies and Directives Manual is kel'Jt or that I may review them electronically on the DOC Intranet.
I unde~stand that the information proVided 'is not mearit to be alHnclusive'but that I am to use it as a gUide in getting
myself orierited to my responsibilities as a DOC employee. If I have questions, I understand I am to contact my
supervisor or Human Resources.
DATE

PRINT NAME

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EMPLOYEE SIGNATURE

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DATE

HUMAN RESOURCES SIGNATURE
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The contents of this document rna)' be eligTble for pUblic disclosure.
Social Security Numbers are consTdered confidential information and wfll be redacted Tn the event of such a request.
.
This. form is governed by Executive Order 00-03, RCW 42.17, and RCW 40,14.

Distribution: ORIGINAL - Pe'rsonnel File' COpy - Employee
DOC 03-097 BACK (Rev 06/09/05) HR / POL

Page 2 of 2

PDU-17612

000058