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Moreno v. County of San Joaquin2/4/2002
passageway for laundry. Moreno testified however he did not want to move his new truck because he would have to park it on a gravel parking lot. Moreno responded to Douglas by getting upset and exclaiming, "Fuck that." Kitagawa, who was standing nearby processing an intake, testified Moreno responded to Douglas by yelling, "If you don't fucking tell anybody else to move their car, you're just picking on me." After his profane expression, Moreno moved his car. Later, Moreno refused Douglas's request to discuss the situation by responding, "Fuck that."
A follow-up meeting was held on July 11, 1995, with Moreno and his supervisors to discuss the incident and to determine what disciplinary action they would take, if any. At this meeting, Moreno apologized to Douglas, explaining he was stressed the day of the incident because he had just learned his stepfather was dying and work was causing him stress. The supervisors decided to write a "Letter of Discussion," per County procedures, and forward it to Assistant Director Contreras for her recommendation regarding disciplinary action. Moreno was ultimately given a written reprimand. The written notice was never given to Moreno because he was involved in another incident of insubordination toward his supervisor several days later.
(3) On July 17, 1995, Moreno reported for duty at the intake area of Juvenile Hall and found it very busy (hereinafter "intake area incident"). Moreno asked if help was needed, but his offer was refused. Kitagawa testified Moreno arrived slightly early for his shift, and prior to clocking in, he sat at a nearby desk. After Moreno clocked in, he returned to the desk. Kitagawa asked him to help with intake duties. In response, Moreno replied, "I've been trying to ask you what could I do." At some point in his response Moreno used the word "fuck." Kitagawa told Moreno she must not have heard him and he should calm down by going outside to have a cigarette.
After the intake area incident Moreno was placed on paid administrative leave during an investigation of the incident. The day after the intake area incident, Kitagawa reported the incident to Contreras and described Moreno's conduct. Moreno was sent to Dr. Hargrave for another examination to determine his fitness for work. As part of this examination, Dr. Hargrave also spoke with Kitagawa, who described Moreno's work behavior as progressively worsening. When Moreno was in a bad mood, she explained, he would keep his sunglasses on all day and not talk to others. On occasion, Moreno would report to work but then go into the control booth and stay there for his entire shift, even though he was supposed to work in that capacity for only four hours at a time. Moreno was also observed making inappropriate comments to the juveniles in his charge. Dr. Hargrave also looked at Moreno's family history, his alcohol abuse, and past work incidents of misconduct.
Dr. Hargrave recommended Moreno not return to duty at Juvenile Hall due to the public safety nature of a Group Counselor's responsibilities. Dr. Hargrave concluded Moreno was unfit to work as a Group Counselor I at Juvenile Hall. He believed Moreno's behavior impaired his abilities to perform the required functions of the job, namely, to establish and maintain rapport with children, express himself clearly, follow written and oral instructions and procedures, and to work well with other staff members. Moreno's behavior also jeopardized the maintenance of security and discipline over assigned units, the enforcement of rules and regulations, and the ability to advise youth in the proper standards of personal conduct. Moreno's behavior posed a threat to the health and safety of himself and others. Dr. Hargra
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