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City chastised in firing of sleeping guard

By Daniel J. Chacon, Rocky Mountain News (Contact)

Published July 26, 2008 at 12:05 a.m.

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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.

The documents don't indicate whether or not Muniz ever brought an oxygen tank to work.

Muniz's suspension notice indicated that she 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.

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.

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."

chacond@RockyMountainNews.com or 303-954-5099

Comments

  • July 26, 2008

    1:12 a.m.

    Suggest removal

    SL10 writes:

    She is lucky. I am disabled and employers slam the door in my face.

  • July 26, 2008

    8:13 a.m.

    Suggest removal

    blacksho89 writes:

    She is the REASON employers slam the door in your face. She is too coddled and lazy to take the necessary steps to keep up her part of the "reasonable accommodation" clause.

  • July 26, 2008

    12:19 p.m.

    Suggest removal

    SL10 writes:

    Ummm. BlackSho890, you may want to read the next to last paragraph of the story. Her boss got the doctor report but failed to follow up on it before even trying to accomodate her disability. Employers do kinda overlook things like Doctor reports. But, to call her lazy without evidence is heresay.

  • July 27, 2008

    7:56 a.m.

    Suggest removal

    alwaysright writes:

    Every body that want's a sleeping security guard to ensure there saftey . Please raise your hand.

  • July 28, 2008

    8:10 p.m.

    Suggest removal

    carlindenver writes:

    Security guard? What are the requirements and qualifications needed for the position she is working(?) in? Heck, it sounds like it's just a security job. Anybody, apparently, can be "given" this job/position. Her salary is only being paid by myself and a few other Denverites. Thanks again Mr Mayor. Tight ship, yes sir!!

  • July 30, 2008

    9:39 p.m.

    Suggest removal

    nik_ki1 writes:

    I just don't understand how you all have judge this person without all the facts. Do you know her? Have you worked with her? Do you know anything about her work history? At best there is very little information about this case, because HIPPA prohibits any real medical facts from being release. Stop assuming that this person is in the wrong, get the facts. Ask the Department of Human Services why so many people are getting fired and then getting their jobs back through lawsuits? That is the question you should be asking.