Read the Bills Act Coalition

Thursday, February 28, 2008

Shall Governor Kaine's Executive Order Number One regarding Equal Opportunity be invoked against State Board of Elections Chairman Nancy Rodrigues?

Guest Posted by MAXIMUS

Is Nancy Rodrigues, Chairman of the Virginia State Board of Elections, in possible violation of Executive Order Number One regarding Equal Opportunity as issued by Governor Kaine on January 14, 2006?

Given that a management principal or supervisor at SBE was found to have racially discriminated against said employee coupled with subsequent retaliation against said employee for filing a racial discrimination complaint in case no. 8658 with the Dept. of Employment Dispute Resolution Division of Hearings, does this constitue probable cause or a proponderance of the evidence that a violation of Executive One Occured in this instance? I think we are now way past the pleasantries here.

The full text of Executive Order number One appears below. However, the relevant section is here, to wit:

"No state appointing authority, other management principal, or supervisor shall take retaliatory actions against persons making such allegations [of racial discrimination]. Any state employee found in violation of this policy shall be subject to appropriate disciplinary action."

Here is the basis of the possible violation of Executive Order number One:

COMMONWEALTH OF VIRGINIA
DEPARTMENT OF EMPLOYMENT DISPUTE RESOLUTION
DIVISION OF HEARINGS
DECISION OF HEARING OFFICER
In Re: Case No: 8658
Hearing Date: September 17, 2007
Decision Issued: October 2, 2007

"On December 9, 2005, the Grievant filed a grievance alleging race discrimination, failure to receive the same opportunities to provide input as other employees, preferential treatment for certain employees and a request that the Agency’s organizational structure be reviewed by an outside entity.The Grievant’s position in these grievances was substantially upheld. On April 9, 2007, the Grievant filed a grievance alleging that, since the prior two (2) grievances, she has been subject to a hostile work environment and also subject to retaliation.

Now here his the full text of Executive Order number One from Governor Kaine:

Equal Opportunity

By virtue of the authority vested in me as Governor, I hereby declare that it is the firm and unwavering policy of the Commonwealth of Virginia to assure equal opportunity in all facets of state government.

This policy specifically prohibits discrimination on the basis of race, sex, color, national origin, religion, sexual orientation, age, political affiliation, or against otherwise qualified persons with disabilities. The policy permits appropriate employment preferences for veterans and specifically prohibits discrimination against veterans.

State appointing authorities and other management principals are hereby directed to take affirmative measures, as determined by the Director of the Department of Human Resource Management, to emphasize the recruitment of qualified minorities, women, disabled persons, and older Virginians to serve at all levels of state government. This directive does not permit or require the lowering of bona fide job requirements, performance standards, or qualifications to give preference to any state employee or applicant for state employment.

Allegations of violations of this policy shall be brought to the attention of the Office of Equal Employment Services of the Department of Human Resource Management. No state appointing authority, other management principal, or supervisor shall take retaliatory actions against persons making such allegations. Any state employee found in violation of this policy shall be subject to appropriate disciplinary action.

The Secretary of Administration is directed to review annually state procurement, employment, and other relevant policies for compliance with the non-discrimination mandate contained herein, and shall report to the Governor his or her findings together with such recommendations as he or she deems appropriate. The Director of the Department of Human Resource Management shall assist in this review.

This Executive Order supersedes and rescinds Executive Order Number One (2002), Equal Opportunity, issued by Governor Mark R. Warner on January 12, 2002, and revised on December 16, 2005.

This Executive Order shall become effective upon its signing and shall remain in full force and effect until amended or rescinded by further executive order.

Given under my hand and under the Seal of the Commonwealth of Virginia this 14th day of January 2006.

Timothy M. Kaine, Governor
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Governor Kaine needs to weigh in IMMEDIATELY and determine the following:

1. Who was the management principal at the SBE or supervisor (or any combination thereof) that did racially discriminate against said grievant in case no. 8658?

2. What management principal at the SBE or supervisor, or combination of the two, engaged in subsequent retaliation against said grievant in case no. 8658?

3. If this SBE management principal is a political appointee, is that individual an at will employee of the Governor's and is that at will employee subject to immediate termination?

4. Does the Governor's Executive Order no. 1 apply to the Executive Branch?

5. Is the State Board of Elections above the law?

6. When will complete justice be served for the grievant in case no. 8658 considering she has been racially discriminated against and subsequently retaliated against for filing said racial discrimination complaint? When will justice be served?

7. Is the State Board of Elections in complaince with the proposed remedies for satisfying an employee who has been subjected to racial discrimination in the work place and subsequent retaliation?

8. Shall Governor Kaine's Executive Order Number One regarding Equal Opportunity be invoked against State Board of Elections Chairman Nancy Rodrigues? If not, why not?

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