Birch

FACTS AND PROCEDURAL HISTORY

Birch was employed by the City for 33 years. In 2007, he became the chief water operator in the water division and remained there until he was terminated in 2019. In this role, he supervised five to seven employees. He was also an interim water operations manager between 2010 and 2015 and supervised about 40 employees. Birch’s termination In 2018, one of Birch’s subordinates lodged a complaint, alleging that Birch engaged in inappropriate conduct. The City hired an investigator from an outside law firm who interviewed Birch and several employees. In his report, the investigator included summaries of the interviews and an analysis of each witness’s credibility. He made various findings regarding instances of misconduct. The City served Birch with a notice of intent to terminate. The City charged Birch with seven alleged violations of the City’s personnel rules and regulations based on the following incidents: (1) Birch held a supervisory position within the Water Department. On multiple occasions, he told coworkers a story about finding employee Laura Camacho’s underwear left out in the restroom. He also told a story about encountering a male employee…