Interesting Day, [7/6/17] would come in to find most individual are still on a vacation / camping/ single visiting with their children.

In listen some they’re still on the roads or flying in the sky, for changes and relaxation.

Still, seeing the heavy clinic would possible need help, but the Supervisory nurse here are not sending them to other location in which to Assist or help.

What in the world is up with that?

Some of you were asking if any other Administration level worker over me had completed their {O R M} Telephone AFFIDAVIT OF ELVA YOLANDA MINERO,

Elva Minero, do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?

THE WITNESS: Yes, I do.

INVESTIGATIOR BAKER: Thank you.

EXAMINATION

BY INVESTIGATION BAKER:

Q Could you please state your full name?

A Elva Yolanda Minero

Q Could you please state yes or no regarding whether or not you have engaged in prior EEO activity?

A I have not. No

Q Could you please stat yes or no regarding whether or not you possess a disability?

A No

Q And as of December 9th, 2016, what was your position, series and grade level with the VA?

A I was a Lead Clerk, GS-7

 

PETERSON REPORTING VIDEO & LITIGATION SERVICES

Q What is your organizational unit?

A HAS

Q And is that Health Administration Service?

A Yes.

Q Okay. Do you happen to know what your series is?

A The series?

Q Yeah.

A No, I don’t

Q Okay. And is that your current title and grade?

A No

Q Okay. What is it now?

A Call Center Supervisor.

Q Uh – huh

A A GS – 8

Q Okay. And how long have you been a Call Center Supervisor?

A Almost a year.

Q Okay. And what is your current place of employment including your work address, e-mail and telephone number?

A Okay. The telephone number is (562) 826-8000, Extension 2 4613. And the address is 5901 East Seventh Street, Long Beach, California   90822

And what else did you need?

Q Your e-mail.

A The e-mail is elva.minero@va.gov.

Q Okay. And what is the name of the VAMC that you work for?

A I’m sorry. The what?

Q The VAMC you work for. The medical center.

A Yes. The medical center. And it’s VISN 22

Q VISN 22. So which medical center is it? I’m asking for the name.

A It’s the Long Beach.

Q Okay. Thank you.

As of December 9th, 2016 while you were the Lead Clerk, who were your first-and second – line supervisors, and what were their titles?

A My first-line supervisor was Cammille Johnson-Berryman. And my next contact would be Gisele Payne.

Q Can you spell Ms. Berryman’s last name, please?

A Yes. It’s Johnson-Berryman.

B-e-r-r-y-m-a-n.

Q And Camille is spelled C-a-m-i-l-l-e?

A No. C-a-m-i-l-l-e.

Q I-l-e. Okay. Thank you.

A L-L-e

Q C-a-m-m-i-l-l-e?

A Right

Q Okay. Thank you.

   And can you spell Gisele, please?

A G-i-s-e-l-e. Last name P-a-y-n-e. Okay. I became a supervisor back in

December of 2016. I’m sorry.

Q Okay. Do you think you were a supervisor on December 9th, 2016?

A Yeah. 2016 I was a supervisor. And my direct contact would be Gisele Payne.

Q Okay. And what is her title?

A She’s Assistant – no. She’s the Section Chief.

Q And who does she report to?

A She reports to Jeff Acaro, who is the Assistant Chief

Q And Acaro is A-c-a-r-o?

A Yes.

Q Okay. Thank you.

And do you know Ms. Bonaparte, hereinafter referred to as the complainant? And if so, what is your organizational relationship to her?

A I’m her immediate supervisor.

Q Okay. Are you aware if the complainant is a qualified individual with a disability?

A Yes.

Q Okay. What are you aware of in terms of her disability?

A She needs to be in a dust-free area. She needs to be where there’s no carpet, where there is no service dog in the area. Nobody with perfume can be around her. Or any type of deodorant.

Q And do you know specifically what her disability is?

A No. I don’t know exactly what it is.

Q Okay.

A I’m just told what her restrictions are.

Q Right. Okay. Did she ever provide you documentation that relates to her disability?

A Not to me directly. No.

Q Okay. Were you aware that she had a disability as early as December 9th, 2016?

A Yes.

Q Okay. And how did you become aware?

A Again, I was told about the restrictions that I had to adhere to for her.

Q   Okay. And who informed you of that? Was it the Reasonable Accommodation Coordinator or someone else?

A It was Gisele Payne.

Q Oh. Okay. Were you aware of the complainant’s prior EEO activity as of December 9th 2016? And if yes, when and how did you become aware?

A No.

Q And did you become aware after December 9th, 2016?

A Yes.

Q Okay. And how?

A I got a letter through the EEO stating that she had a complaint regarding her accommodation.

Q And was that informing you of this complaint?

A No.

Q Okay. So do you recall when that was?

A It was about two months ago maybe. Three months ago.

Q Okay. Okay. So moving on to the claims, the complainant alleges she was discriminated against based on reprisal and disability when on December 9th 2016, she alleges that you denied her request for leave for December 5th, 6th, and 8th of 2016.

           So were you involved in this incident?

   And if so, was any other management member involved?

A I was involved in that. And we did clear that up. She kept insisting that she did not get it, and she did. She was give that – that leave.

Q Okay. What kind of leave did she request?

A Let me pull it up. That was December the 5th; correct?

Q Right. 5th, 6th, and 8th

A Okay. She requested annual leave in lieu of sick on the 5th, the 6th. On the 8th she requested FMLA. And then let’s see. Okay. Yeah. I’m sorry. On the 8th she requested annual leave in lieu of sick.

Q Okay. And was her request granted or denied?

A The 5th, and the 6th and the 8th, they were all approved.

Q Okay. Excuse me. I’m sorry. And it looks like based on an e-mail that I was provided with a file — I h–e and em-mail here from you to the complainant. I’m just going to read it for you. It says:

       “This is to reiterate the phone message I left for you on

         December 8th. As I stated, you called in on December 5th, 6th, and 8th.

         Each time you called in between 6 a.m. and left a message reflecting sick leave, which you have exhausted. Ms. Bonaparte, you need to speak with me. There is no one in the call center until 7:30. I tried to return your call, but it went to your voice message. You also need to bring documentation from your doctor on your return.”

         So was her initial requested for sick leave, and later she changed it to annual leave in lieu of sick?

A Correct

Q   Okay. Did you initially deny her sick leave because she had exhausted all of her sick?

A   Right.

Q   Okay. Understood.

A   Right.

Q   Did she ever bring in documentation from her doctor to support her absence?

A   No.

Q Was that not necessary once she used annual leave in lieu of sick?

A That’s correct.

Q Did you take this action in order to treat the complainant any differently or less favorably than other employees due to her disability status or prior EEO activity?

A No. It’s the same standard procedure. They need to call. When they call out sick, they need to call at a time when we’re here. They cannot call at 6:00 in Morning, because there’s nobody here at 6:00 in the morning.

Q Uh-Huh.

A And they usually leave a number for us to return the call, which we return. And we’ll speak to them and see what’s going on, if they do need (inaudible). But she never responded.

Q Okay. Was the complainant later informed that she was approved for annual leave in lieu of sick?

A Yes. Because she had to go back in and request it.

Q I see. Okay. So she had to do that in the system. And she did it, and then you approved it?

A Correct

Q   Okay. Did she ever tell you that she disagreed with your actions during this incident?

A   No, she didn’t

Q Okay. Do you know if she complained to any other member of management?

A Not that I’m aware of.

Q Okay. Are there any other employees that report to you since you’ve been supervisor that requested sick leave that was denied?

A Yes. We do have – I do have other employees that if they have don’t have the sick leave, it’s denied. And they can go ahead and ask for annual leave instead.

Q Okay.

A And we approve it.

Q Okay.

A So they are able to do that.

Q Uh – huh. Can you give me their names and their titles?

A I have – they’re agents that work under me

Q Uh-huh.

A Let me see. Let me think of anybody offhand. Oh. I have Renisha Lee. Last name L-e-e. She’s requested annual in lieu of sick. And she’s and MSA, GS-5. I’m sorry. GS-6.

 

Q Uh – huh.

A I also have – let me look at my book here. Let me see.

Q   Elva, if you need to, you can e-mail that information to me.

A   Okay.

Q   Yeah. I’ll include it with your statement.

A   Okay. I have –

Q   Oh. Go ahead.

A   There’s other agents that I do approve leave. But I can tell you that they’re not directly under me, but I do have – I am able to approve for them as well.

Q   Okay. Are they –

A   They’re all in the Call Center. So they all have supervisors. And sometimes if she’s not here, then I’m able to approve their leave as well.

Q Okay. Now, the complainant is – these are all other Medical Support Assistants?

A I’m sorry?

Q The other individuals that you’re able to approve time for, are they Medical Support Assistants as well?

A Yes.

Q Okay. Okay. Yeah. That will be great. I’m going to – you can probably just focus on the folks that you supervise.

A Okay.

Q   Can you spell Renisha’s first name for me, please?

A   R-e-n – let me get it right. I always get it wrong. R-e-n-i-s-h-a. Middle initial L. Last name Lee. L-e-e.

Q Thank you. And do you know if Ms. Lee possessed a disability?

A No, she does not. Not that I know of.

Q And are you aware if she has engaged in prior EEO activity?

A No.

Q Okay. Are there any employees that report to you that requested sick leave and did not have a balance and were not denied leave?

A No.

Q Okay. Other than list of names that you’re going to send me, are there any documents that you want to provide in support of your Affidavit today?

A Not that I can think of.

Q And anyone that had a role in this matter or has information about this claim?

A That, I might be able to get ahold of more information for you.

Q Okay. You think there’s some witnesses for this claim?

A No. I don’t think so.

Q Okay. And is there anything pertinent to this claim that you would like to add that we have not already discussed?

A No

INVESTIGATOR BAKER: Okay. We can go off the record, Sonja.

(Off the record.)

(The proceedings concluded at 6:25 p. m. EDT)

SIGNATURE PAGE FOR THE TELEPHONIC AFFIDAVIT OF ELVA MINERO

I declare under penalty of perjury that the foregoing is true and correct; that I have read my Affidavit and have made the necessary corrections, additions of change to my answers that I deem necessary.

Executed on this 13 day of June 2017

{she signed, the line}

ELVA MINERO

Know, one supervisor out of four additional Administrative officials involved in the Rebutted Statements [ See future entry’s].

It would seem another Day ending.

Eiram55 journey to 125

Eiram55.blogspot.com

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