WHITTIER - A hearing before the State Personnel Board is scheduled next month for Rio Hondo College's director of student activities, who claims her contract was not renewed in retaliation for being a "whistleblower."
Cathy Butler, on administrative paid leave from her job at the hilltop campus since last September, filed a complaint earlier this year with the personnel board to investigate the role district employees had in subjecting her to retaliation and recommending her termination from the Rio Hondo Community College District.
In the whistleblower retaliation complaint, she accuses the college, President Ted Martinez Jr., Director of Human Resources Yolanda Emerson, Vice President for Student Services Henry Gee, Associate Dean of Students Services Michael Munoz and district employee Hannah Pastrano of allowing "intimidation and harassment" for reporting "questionable financial practices."
An informal hearing on the matter is scheduled for July 10 in Los Angeles.
The complaint, she said, will be addressed at the hearing.
In the filing, Butler stated, "As a result of my reporting in June 2011, to my supervisors, that an employee of the Rio Hondo Community College District was engaged in improper governmental activities."
She said the retaliation occurred on or about Jan. 11, 2012, when she received a letter from the district that her contract would not be renewed for a 14th year.
"But for the disclosure
of the improper activities, I would have stayed in my position as director of student activities," Butler said."There was no explanation given for the action," her attorney, Ronald Vera, said in a press release. "The public agenda for the board meeting in January makes no reference to any matter concerning Ms. Butler. Ms. Butler stated she was unaware the board was reviewing her situation and she is upset that no employee from the district provided her the courtesy of letting her know she could address the board.
An archived agenda on the college's website has an item listed as "employee discipline/dismissal/release."
"As is our continuing practice in this confidential personnel matter, we are not at liberty to comment or respond," Rio Hondo spokeswoman Susan Herney said.
The entire matter stems from when Butler reviewed and found discrepancies in college requisition forms prepared by Pastrano, Butler said in the complaint.
"I determined that the forms, calling for the payment of monies to one or more various individuals, did not have the proper documentation, and the information on one or more of the requisition forms was incorrect," she further stated.
Butler alleges that Pastrano admitted falsifying the documents to "generate payment of monies to her and possibly others who may have been employed in the district."
During a June 22, 2011, meeting with Pastrano, Munoz and Emerson, Butler said Pastrano again admitted falsifying the paperwork, was put on administrative leave and escorted off the campus.
On or about Aug. 17, 2011, Butler was informed that Pastrano had resigned or would resign her post.
During the process, Butler said she was informed of the district's "whistleblower protection" policy and was encouraged by the district to report "suspected activities of unlawful or improper activities without fear of retaliation."
Butler said that in her dozen years of service, her office had gone through annual financial audits, with her records never being questioned.
She also accused Martinez, under false pretenses, made her take personal and vacation leave beginning Sept. 7, 2011, "solely for the purpose of undertaking a clandestine investigation of my office files."
Butler called the investigation baseless.
On Sept. 26, she was informed, verbally, by Emerson that she had committed fraud in carrying out her work.
Butler is seeking reinstatement, her contract be renewed for the 2012-13 school year; reimbursement of pay, benefits, sick leave and vacation with interest dating back to Jan. 11, 2012; a report from the investigation be expunged from all of the district's records and files, including a performance appraisal made to the board; and $25,000 in emotional distress and payment of attorney's fees in the amount of $10,000.
In the alternative to reinstatement, Butler is requesting that she be given a similar position with comparable pay and benefits for the college's 2012-2013 year.
sandra.molina@sgvn.com
562-698-0955, ext. 3029
george lopez bedtime stories micron susan g komen kenyon martin kenyon martin big miracle
