Sleeping security guard may get job back
By Daniel J. Chacon, Rocky Mountain News (Contact)
Published July 25, 2008 at 6:33 p.m.
Updated July 28, 2008 at 11:50 a.m.
A security guard who was fired by the city of Denver after she fell asleep on the job at least four times may get her job back.
A Career Service hearing officer ruled that Denver's Human Services Department failed to look into whether or not Marilyn Muniz had a "qualifying disability" before it showed her the door.
"The agency's dismissal of (Muniz) is reversed," Bruce Plotkin, the hearing officer, wrote in his five-page order.
Muniz "shall be restored to the classification and pay-grade she occupied at the time of her dismissal, with restoration of pay, benefits and status," he wrote.
According to city documents:
Muniz, who used to work in the human services' Montbello office, was caught sleeping on duty "in view of clients" while stationed at the lobby security desk on June 20 and 21 last year.
Muniz, who admitted falling asleep, received a written reprimand for sleeping on duty.
"After her written reprimand, (Muniz) took two weeks of vacation leave to consult a physician about her sleeping problems," documents state.
On July 25, her physician wrote a letter stating that Muniz's blood had a low oxygen level that "may be the cause of her daytime sleepiness and need for frequent naps."
The physician recommended tests to determine the extent of her oxygen deficiency and also recommended sleep apnea testing.
Kevin Patterson, who used to be the department's deputy manager, received the physician's letter at a pre-disciplinary meeting for Muniz on Aug. 3, 2007.
Patterson is now the city's manager of General Services.
When Muniz went back to work, she was caught sleeping again on Aug. 17 and was suspended for three days.
Before she was suspended, Muniz gave Patterson another letter from her physician.
"Please make necessary accommodations to allow her to use oxygen at work," the physician wrote.
Muniz's suspension notice indicated that Muniz may have medical issues causing her to fall asleep on the job, but the department didn't initiate an "interactive process" to determine whether that was the case, documents state.
After her suspension, Muniz returned to work. When she was caught napping again on Sept. 17, the department convened another pre-disciplinary meeting.
Muniz "again described medical issues that may be causing her to fall asleep on the job. She provided a lab report concerning her depleted oxygen levels," documents state.
Her boss, Mike Roque, acknowledged receiving the report but "did not understand" it and didn't call Muniz's doctor to determine its significance, documents state.
On Oct. 26, Muniz was fired.
Plotkin, the hearing officer, ruled that the department was obligated to "engage in the interactive process in order to determine whether (Muniz) has a qualifying disability under the Americans with Disability Act, and if so, whether her disability may be reasonably accommodated."
The documents don't indicate whether or not Muniz ever brought an oxygen tank to work.
Patterson told a personnel analyst to provide Muniz with information about the interactive process, which she did. The analyst also called Muniz to explain the process, but the department believed that it was up to Muniz to initiate the process.
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July 25, 2008
6 p.m.
Suggest removal
Jackieg218 writes:
No where do I see that they ever DENIED her the use of oxygen, Did she ever ask to bring it, was it ever even brought up, where are more fact RMN. If they denied her use of oxygen then yes, she has a case. If she just kept saying, well I have low oxygen, then be proactive for your own health and bring oxygen to work! duh
July 25, 2008
6:55 p.m.
Suggest removal
ou8one2 writes:
What's the problem? The Deomocrats running the city since Pena have been asleep for years.
July 25, 2008
7:29 p.m.
Suggest removal
vendari01 writes:
The thing that worries me is that she is a security officer. How is she supposed to handle a sudden crisis, if she's tethered to an oxygen bottle? I would hate to have her life or someone else's depend upon her ability to respond immediately. The court should have taken that into account when it ordered them to put her back on duty.
July 25, 2008
8:52 p.m.
Suggest removal
gary writes:
Typical ruling by the hearing officer. This is why the City is stuck with low producing, inefficent employees. Managers and Supervisors are not allowed to do their jobs correctly. They can not manage the employess...they must babysit them.
What a bunch of cr@p...same old goings on.
The City of Denver needs ..."change"
Nuff Said!
July 27, 2008
10:43 a.m.
Suggest removal
redwhiteandBLUE writes:
They gave her lots of breaks to figure out the problem. Most employers don't tolerate sleeping on the job. Either you can handle it or not. Security jobs must really be boring.
July 28, 2008
12:24 p.m.
Suggest removal
Dick_Tater writes:
This has to be a union at work. Who else would defend a security guard that sleeps on the job repeatedly?
July 28, 2008
12:26 p.m.
Suggest removal
Darwin writes:
Is it any wonder why the government is a bad as it is. She is as worthless as teats on a boar and she is just one in many government employees. Your tax money hard at work - not.
July 28, 2008
12:31 p.m.
Suggest removal
theairdog writes:
Good thing she wasn't an Airline Captain, huh?
July 28, 2008
1:22 p.m.
Suggest removal
Elwood writes:
Probably because she is staying up till 1:30 am watching Oprah at night instead of getting 8 hours sleep. I say give her a promotion and put her in charge of security at the DNC! At least it would be fun to watch.
Better yet, hook her chair up to an electrical circuit that detects when she nods off and sends a 12 volt charge through her butt. Now that's entertainment!
July 28, 2008
1:55 p.m.
Suggest removal
db writes:
I think she's a hero ... the truly disabled need people like
this as a voice for them. maybe she'll get promoted to
a bank security position - just let us know which bank.
July 28, 2008
2:06 p.m.
Suggest removal
Elwood writes:
I wonder what kind of prescription pain killers she is taking (no, nothing in the story, just guessing)
July 28, 2008
2:09 p.m.
Suggest removal
GILPINMAN writes:
WHAT A LOOSER. SHE HAS LOW O2 BECAUSE SHE DOESN'T WORK. THAT IS WHY IS A SECURITY GUARD SHE IS LAZY. IF SHE DIDN'T SIT ON HER REAR ALL DAY SHE MIGHT HAVE SOME ENERGY. IF YOU DON'T USE IT YOU LOOSE IT!
July 28, 2008
2:15 p.m.
Suggest removal
roger44 writes:
They give you a dime store badge and 9 bucks an hr and they expect you to stay awake too? Gotta be kidding me! Bet that guess the she is overweight is right, too much flesh to supply oxygen to.
July 28, 2008
2:42 p.m.
Suggest removal
LingLingfor_prez writes:
Where is the medical marijuana card?