Ware

background review checks.” Arnetta Counts, an administrative services manager at the Bureau of Human Resources and the director of Discipline Policy Litigation and Livescan stated in a declaration that “Ware’s suspension letter was removed from his Master Personnel File after the Arbitration Award was issued. Nevertheless, the underlying investigation was still deemed ‘substantiated’ for purposes of the background check.” Counts explained, “there are different files relating to an employee’s employment that are treated differently. There is a difference between removal of discipline from a Master Personnel File and the retention of investigations in a CPOE file, whether or not the allegations are substantiated.” B. Second substantiated investigation The second substantiated investigation against Ware related to a 2017 investigation into Ware’s engagement in the outside practice of law during work hours. This was the second investigation against Ware for violating DPSS’ outside employment policy; the first investigation was unsubstantiated. The second investigation was substantiated. Nevertheless, Ware was not disciplined because he had already been admonished verbally by his…