PTC employee sues city, alleging discrimination

Suit claims demotions followed EEOC complaint; police chief accused of intimidating witnesses

A former administrative assistant with the Peachtree City Police Department has filed a federal discrimination lawsuit against the city, each individual city council member, City Manager Jim Pennington and also Police Chief H.C. “Skip” Clark.

The lawsuit claims that Clark intimidated two high-ranking officers in the department during the course of the EEOC investigation into the complaint filed by Lisa Ficalore. On one occasion, the suit claims that Clark threatened former police Major Mike Dupree that things would be ‘bad’ if Dupree did not back him up on the matter.

The lawsuit further claims that Clark intimidated police Capt. Stan Pye during the EEOC investigation by telling Pye that it is “easy to get rid of people,” presumably a reference to firing personnel.
Those actions were enough for the EEOC to send a letter ordering Clark to cease and desist from any conduct that might hamper the EEOC investigation.

The letter from Atlanta EEOC Director Bernice Williams-Kimbrough claimed that the commission had sufficient evidence to seek a preliminary injunction against Clark “to stop such conduct.”

In the lawsuit, Lisa Ficalore claims that she was “retaliated against and singled out because of her gender and disability” on an ongoing basis, a pattern that began shortly after Clark became police chief. According to the lawsuit, Ficalore’s medical condition has required multiple surgeries and numerous occasions during which she has had to take extended leaves of absence from work.

The lawsuit cites how Clark had her job title reduced from staff assistant to the police chief to staff assistant, cutting her pay grade and class level in a proposal approved by the City Council. That action took place in October 2010, just over two months after Clark took office.

The lawsuit also claims that in January 2011, Ficalore received a second demotion when she was reassigned from the police department to a front-desk position in city hall classified as “customer service representative II.”

That position was ultimately eliminated in May 2012 by council at the request of City Manager Pennington, and Ficalore was offered the option of taking a part-time position without benefits or resign and receive six weeks of severance pay. Ficalore chose to stay on part-time, but the loss of medical, life and dental insurance as well as disability coverage and rights under the Family Medical Leave Act “was financially and emotionally devastating” to Ficalore, the lawsuit claims.

After filing her initial complaint with the federal Equal Employment Opportunity Commission in February 2011, Ficalore claims that she suffered continuing retaliation from the city and its agents, including the demotions and denial of employment for different positions in the city for which Ficalore contends she is more qualified than the individuals who were ultimately selected.

In one such instance, the lawsuit claims that Ficalore applied for the position of deputy municipal court clerk, only to be told by the city’s HR director that she could not apply because her husband, a police officer, is also a city employee. The lawsuit also accuses chief court clerk Linda Morton of saying that Ficalore would not be hired because her pending EEOC claim might lead police officers to have an aversion to working with her.

Though she was not initially selected for the position, Ficalore was offered the job of deputy court clerk in Oct. 2012, according to the suit. Ficalore indicates that she declined to accept the position because Morton would be her supervisor and Ficalore was fearful of additional retaliation.

The lawsuit also claims that former acting city manager Nikki Vrana admitted to Ficalore that city management had decided not to transfer Ficalore out of her position at city hall while Ficalore’s EEOC charges were pending.

In addition to losing the ability to work compensatory time, Ficalore also claims that she has been denied the ability to take accrued vacation time and further alleges that she has been “written up for taking small increments of time off without pay.”

The lawsuit claims that Clark in 2010 required Ficalore to provide him with notes about her medical condition and prognosis although he did not request similar details from male or non-disabled employees when they needed to take medical leave.

The lawsuit also recounts how a month following that incident, Clark is alleged to have asked Ficalore’s supervisors “to ask the human resources director what they could ‘do to her’ because of her use of sick leave.”

Ficalore also contends that she has been denied training that was offered to other employees and that she also was forbidden from accruing comp time, unlike other employees.

The lawsuit’s historical recounting of the actions taken against Ficalore include the first time she was ever issued a written reprimand, on Aug. 27, 2010 “for being two minutes late to her desk.”

Ficalore notes that while she received top marks in her annual employee reviews under former police chief James Murray, she received lower scores in her assessments following the employment of Chief Clark.

On one occasion, in 2010, Ficalore’s immediate supervisor, Claudia Stapleton, gave her a draft of her performance evaluation which gave Ficalore a rating of “exceeds standards.” The lawsuit claims that Clark later amended that evaluation to give Ficalore a lower rating of “fully satisfactory.”

“Defendant Clark lowered Ms. Ficalore’s marks down to the ‘fully satisfactory’ rating due to her absences and leaves,” the lawsuit states.

That is in contrast with Ficalore’s employment record under Chief Murray, during which she received top scores in her annual evaluations along with accolades for her excellent performance and for the professional manner in which she treated others.

Ficalore is seeking compensatory and punitive damages along with back pay and reinstatement to her former position. In lieu of reinstatement, Ficalore is proposing “front pay” to compensate her for lost future wages and benefits.

Ficalore is represented by attorneys Edward D. Buckley and Jaime L. Duguay of the law firm Buckley and Klein, LLP.

The lawsuit represents one side of the issue; attorneys representing the city are expected to file an answer to the lawsuit challenging its assertions in coming weeks.

ptc_mom_101
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no shocker there

appears the people who don't approve of her actions are men, can't say I am shocked.

ptctaxpayer
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Wow, what a Police Department

These guys are cops ??? Wow ! He "threatened me"; "he intimidated me"...

Let me think this through--- I hear my front door kicked in and I'm gonna call you guys for backup? Ha !

This is too funny to be real. Is that a late April Fools' joke ???

Robert W. Morgan
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Memo to city employees: Don't talk to Lisa - about anything

Gee whiz, all you have to do is say good morning to this bimbo and you get named in a federal lawsuit. Methinks her actual disability is the inability to get along with other people. This also showcases why government is so inefficient and bloated with people like this working there that you can't get rid of - even though it is fairly obvious she has done very little for the last 3 or 4 years besides calling in sick and applying for new jobs. I guess she got good reviews from Murray because of ......., well, never mind.

I thought she already separated the city from some of our money. Is this a second ride on the money train for her? I kinda resent this as a taxpayer. Maybe we can take a survey and see if we can get 200 people to say they don't like Lisa or what she's doing to the city.

Husband and Fat...
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Yes, Mr. Morgan, I am annoyed

Chief Murray was obviously more tolerant to her missing work. Chief Clark seems to expect employees to show up prepared to work every day. If you have someone on the police force who does not or cannot show up for work every day prepared, than you have to find someone who will. Imagine having a fellow employee who is out quite a bit and you end up having to perform your job duties along with the other persons at times. This causes resentment and low moral. If she doesn't understand this, than too bad.

The city was gracious to move her to another post that perhaps was not as critical to operations.

Yes, I am getting a little annoyed with these games.

Robert W. Morgan
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Maybe she was the "entrap a pervert" coordinator

for Chief Murray and for some reason Skip has discontinued that program. So Lisa is surplus with a talent that is no longer needed. Is it our responsibility to find her a job? More to the point, isn't it the Chief's responsibility to get rid of dead wood? I can't believe that anyone would say that Lisa is more valuable than the 3 Captains.

I really miss the entrapment program. I guess some wuss (Logsdon?) decided it was bad publicity for PTC because it looked like we had tons of perverts roaming the streets. Truth was they were all lured from somewhere else. The school superintendent was my favorite.

Husband and Fat...
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RWM

I always had a good laugh when the police caught some fine upstanding citizen wanting to meet some underage child in PTC. I don't think Murray had her posing, though he may have.

The point that I was making is that if someone cannot perform the job they are in, you get rid of them. The city appears to have tried to work with this womans disability by allowing her to move to another dept where maybe she could take additional time off as needed for her condition. If she doesn't like it because its below her, then too bad. We need people who are at work and not relying on others to pick up their slack.

The minute you allow one person leeway others resent the favoritism. She doesn't appear to not understand that concept.

Robert W. Morgan
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She is showing the intelligence and maturity of a 13-year old

That's why I thought she was the poser. Didn't have pretend to be a clueless airhead.

Oh well, lesson learned. Try to accommodate somebody and they immediately take advantage of the situation. Too bad that somebody that comes along next month or next year that really needs some leeway won't get it. Nice legacy, Lisa.

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