Kaufman

FACTS AND PROCEDURAL HISTORY

1. Events Leading to Kaufman’s Discharge

In September 2005 the Los Angeles Police Department fired information technology support staff employee Lawrence Kaufman based on five charges of misconduct and insubordination. Kaufman filed a civil service challenge to that decision, leading to an eight-day hearing where three of the charges were eventually upheld.1 Kaufman was hired to work on the department’s information technology support staff in July 2001 and almost immediately became a problem employee. His supervisor, Richard Davis, began receiving reports of offensive comments involving religious, ethnic, and sexual harassment within Kaufman’s first two weeks on the job. Davis talked to Kaufman about his behavior several times and Kaufman agreed to undergo counseling through the department’s Behavioral Services Section. Kaufman then showed improvement and passed probation. Kaufman’s behavior deteriorated after that point, including a “serious incident” where he was rude and offensive to one employee. Davis described Kaufman as a “high maintenance” employee who required a lot of attention. When communicating with other employees, Kaufman “chose…