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Hogan v. City and County of San Francisco10/19/2005
al opportunities." According to this memo, Hogan had initially agreed to work in the Communications Center when there was a shortage of personnel because it enabled him to take open lieutenant assignments. The new schedule at the CCEC would not allow Hogan to continue to work in the field.
On April 10, Goodin stamped "denied" on Hogan's memorandum. Goodin denied Hogan's request because he needed a full, trained staff to work at the CECC, Hogan had been trained to work at the new center, Hogan had worked at the Communications Center for less than a year, and Hogan's request was made at the last minute, less than a week before the merger with the CECC.
On April 12, 2000, the Department's first day at the CECC, Hogan did not report to work. He went on extended leave and never returned to work at the Department.
C. Hogan's Extended Leave
1. Medical Treatment
Hogan filed a declaration regarding the circumstances which resulted in his failure to report to work at the CECC. Hogan maintains that he never received a response from Goodin to his April 6 memorandum requesting a transfer back to the field. Hogan further contends that, by the time he finished work on the morning of April 10, he felt so anxious, irritable, depressed and upset about his situation, and Goodin's treatment of him, that he became physically sick and had to obtain an emergency appointment with Dr. Leung, a psychologist at Kaiser.
According to his declaration, Hogan was so "stressed out and so agitated that was in no shape to work," and Dr. Leung gave him a "note" which put him "off work" because of stress. In his declaration, Hogan stated that "my recollection is that I was put off work for I, believe, a 30-day period." Hogan also maintained that he immediately submitted Dr. Leung's note to the Department and that he was under the care of both Dr. Leung and a psychiatrist named Dr. Holt throughout the year 2000.
According to Hogan's declaration, on June 23, 2000, he was "released to work at any assignment outside communications by Dr. Leung." Hogan contends he brought "the release" to the Physician's Office at the Department where he was interviewed by Colleen Bales, a nurse who was in charge of the office while the doctor was on vacation. Hogan maintains that Bales agreed that Hogan should be returned to a limited-duty assignment at the Department but that she subsequently informed him that that the Department denied his request to return to work and refused to give any reason for the denial.
Aside from Hogan's declaration, we find no evidence in this record of any note from Dr. Leung which either put Hogan "off work" or "release " him to return to a limited-duty assignment outside the Communications Center.
The record does contain two hand-written letters from Dr. Leung which were apparently sent to the Department. In a letter dated June 20, 2000, Leung sought assistance in helping Hogan secure a "temporary work assignment with the Fire Department until his grievance is resolved." According to the letter, Leung was working with Hogan to identify workable alternatives to his situation as an "important aspect" of Hogan's "treatment plan." In a second letter, dated September 28, 2000, Leung requested that the Department help Hogan secure a temporary assignment outside the Communications Center. Noting his prior similar request, Leung stated: "I and Mr. Hogan continue to address the psychological issues that his work situation has contributed to as one aspect of the treatment plan."
Neither of Leung's letters contains any information about Hogan's medical condition. Nor do these letters impose nor make any reference to a
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