I’m Jeff Jones, a City Hall employee who was bullied and deprived my rights

My name is Jeff Jones. I am a 59-year-old man with Multiple Sclerosis (MS) which the City of West Hollywood has known about for at least a decade. I have worked for the City since April of 2009. I have been a hardworking dedicated employee with a good record. I started as a Code Compliance Officer and was promoted to Senior Code Enforcement Officer in April 2018.

When I read the articles that Whistleblower #3 submitted, I found them both familiar and revealing. Whistleblower #3 is a straightforward person with excellent research skills who is very tenacious, determined, and undaunted. When my coworkers questioned why I believed the articles I told them the same Disability Discrimination was happening to me.

After reading the different Whistleblower articles I realized that other employees are experiencing similar problems. I surmised that “we, the disabled” are being discriminated against as a whole. WeHo once had a concern for equality but now has become an Ol Boys Club and is changing for the worse. The City is showing its true colors by discriminating and retaliating against people who are disabled.

There was Residential and Commercial Code Compliance when I started, but they merged around 2013/2014. A Senior Officer was assigned the task of investigating the Short-Term Rentals. Human Resources and Management determined that this type of investigation needed to be done by a Senior Officer, but Human Resources (HR) failed to place the change in the job description. I was promoted after the Senior Officer retired in 2017. On April 9, 2018, I took over these investigations. Within six months the Short-term rental program received about 95% of my attention with occasional assignments to other projects. I implemented changes to the investigative process, and the program succeeded immensely.

On March 16, 2020, City Hall closed its doors due to COVID-19 and employees started working from home. Since the short-term rental investigations are predominantly an online investigation this allowed me to work without issue. In May 2020 Danny Rivas and my Supervisor called and informed me that I would return to City Hall to work in the field. When asked if I had any concerns I reminded him I was high-risk because of Multiple Sclerosis (MS). Danny Rivas claimed that was the first time he had heard this and he instructed me to contact HR.

Moreover, his forgetfulness surprised me since we had several conversations about my disability, so he knew about my condition. During PRIDE 2019 he saw the effects of this. After dealing with hotdog vendors at midnight, the teams reconvened at the West Hollywood Sheriff’s Station. My co-workers observed that I was disoriented and realized something was wrong. The Captain and Danny Rivas insisted I receive medical treatment, but I did not want to go since our job was incomplete. At the Captain’s insistence, someone called the ambulance. I was out for several days after this, and when I returned I needed to ask my coworkers what happened since I had little recollection of the night.

Returning to the COVID-19 situation and my conversation with Danny Rivas, I followed his instructions and contacted HR. They advised me to obtain a doctor’s letter regarding my condition. This initiated the Interactive Process Meeting (IPM) to determine my restrictions and accommodations. The IPM consisted of someone from HR, Danny Rivas, my Union Representative, and myself. Danny Rivas insisted on my return to the field regardless of my medical condition or the doctor’s recommendations. HR intervened acknowledging the doctor’s letter and agreed that my condition was verified. Flustered, he stated he would try and findadministrative work for me but could not guarantee it. I reminded him that there was more than enough work investigating the short-term rentals that plague the city. Danny Rivas replied he was going to change the direction of the division.

Throughout the pandemic, there were numerous Interactive Process Meetings (IPM). For most of them, Danny Rivas was accommodating in the presence of HR. However, outside these formal interactions, I felt my job was in jeopardy. At the advice of another manager, I began keeping a diary of Danny Rivas’s actions towards me.

Two days later, Danny Rivas appeared to be sabotaging the short-term rental program. I received instructions to change how citations were being issued which deviated from Council’s approval. A month and a half later he wanted to streamline the short-term rental process so he had my supervisor discuss this with me. I explained the process was time-consuming as the amount of evidence required to prove a case was extensive. The hearing examiners and judges asked for more, but he wanted less. I told my supervisor that he was setting me up for failure and I would go to the union.

The following month Danny Rivas assigned Whistleblower #3 to another Division and the extra work was divided up between me and the administrative staff. On July 14, 2020, Jackie Rocco submitted a report to the City Council stating that Short-Term Rentals had a substantial (166%) increase in request volume and cases processed compared to the same time frame in 2019, and as of 8/20/2022, there was a 45.5% increase.

In May of 2021, it appeared that COVID was on the way out so we began discussing my return, but in a manner that would be safe, so I was asked to fill out a Care Provider Certification form. I was Unsure of how to ask my doctor to answer the questions since I was doing short term rentals the last three years and there was no job description for this. The need for an updated job description was evident.

In July of 2021, HR was not content with my doctor’s answer, and I needed to reschedule. The doctor provided the following explanation: I am not sure what to tell your superiors. The answer is a bit variable depending on the community incidence of COVID-19 etc. I assume he will not be working indoor events because they would be more precarious. Outdoor events are much safer, but it also depends on how packed the people are. I cannot give you a specific number and I think they can figure this out.”

Another attempt to sabotage the short-term rental program was made in mid-September. My Supervisor instructed me to begin working on Special Event Permits and Business Licenses as the program was not urgent. At this time there were 364 short-term rental advertisements citywide.

At the next IPM, HR, Danny Rivas, My Union Representative, and I met to discuss my return and implement socially distanced for my safety. They decided I would use a conference room behind closed door or Danny Rivas’ office. We discussed the possibility of me working nights and weekends to avoid contact with people for safety. About four hours later Danny Rivas called me saying he was excited about my return and planned for me to cross-train my coworkers to take over short-term rentals so I could return to the field. Consequently, this contradicted the IPM accommodations. My doctor clearly stated I am at higher risk for developing complications from breakthrough COVID due to my health. I informed HR of this, demanded the truth, and requested the recording of all future meetings. HR had no idea that Danny Rivas had changed the plans.

The next day I was told the IPM could not be recorded. The Interactive Process Meeting (IPM) discusses the limitations or restrictions provided by the doctor. It is a collaborative effort with the employee, HR, and supervisor/manager to discuss such restrictions and options for reasonable accommodations available. By the end of the week, my equilibrium was off, and I was unable to concentrate. I called out sick; the stress I was undergoing had affected my health.

In early October 2021, my supervisor instructed me to put a back seat on short-term rentals per management. My supervisor shared that Jackie Rocco and Danny Rivas agree that the focus should be on Business Licenses, Special Event Permits, and Extended Hours Permits. I shared with my supervisor that Danny Rivas intended to put me in the field despite my doctors’ orders. I explained that this was very deceptive on Danny Rivas’ part and his expectations for me to do field work, answer phones, process Business Licenses, Special Event Permits and Extended Hours Permits, and Short-Term Rentals. This is the working culture that City Hall has created. Today Whistleblower #3 is in the same predicament of being required and expected to do more than is possible for one person.

Near the end of October 2021, HR informed me they would schedule a meeting between my Union Representative and me to discuss my complaint of Danny Rivas’s flagrant disregard of the doctor’s orders and his actions.

At the beginning of November 2021, a Code Enforcement Supervisor issued the Division’s stats from January 1 to September 30, 2021, showing 128 completed short-term rental cases with 68 new cases. The remaining 68 new complaints were ordered to be put on hold. I believe this was another attempt to make the program fail.

The end of November brought the COVID Omicron Variant. To Danny Rivas’s chagrin, my doctor retracted the return-to-office letter.

I was overwhelmed by mid-January with the additional duties but still attempted to work the short-term rental cases by working through lunches and working late at no cost to the city. I felt the need to do this as Danny Rivas’ modus operandi was that he expected cases to be completed, even ones that he instructed to “put on the back burner.” Danny Rivas received a message that one of the short-term rental complaints had not been addressed. I gave a brief update and explained that I could not do much about this complaint because of the new duties. My supervisor was instructed to follow up. I reminded her of the previous week’s discussion that there was no way to do my job, the new responsibilities, the responsibilities of our administrative staff and work on prosecution reports for court. I could only do what time allowed. I reminded my Supervisor that per Jackie Rocco, short-term rentals were to be set aside.

On July 5, 2022, in another attempt to stifle my work, I was informed that I was now on permanent phone rotation. Bit by bit more duties were added, and the short-term program were getting less attention. I believe this was being done to faze me out.

On August 9, 2022, we had our next Interactive Process Meeting (IPM). In preparation, I created a spreadsheet of the list of duties from the job description to compare what did outside of the short-term rental. The Union Vice President, representing me, stated that the job descriptions were at least 12 years old and needed updating. Danny Rivas repeated that most of the duties were required in the field. I have been doing these same duties that I had been doing in the office for the last 3 years. Danny Rivas and HR refused to acknowledge I was successfully working in this capacity. I sensed that Danny Rivas had one of two goals: either place me in a life-threatening position or have me fired. The meeting ended with Danny Rivas stating there was enough work to last for thirty days, but I needed to return with an updated note. Not surprisingly, the next day Danny Rivas had a renewed interest in a short-term training video I created for staff. Strangely, short-term rentals became important again when he felt he had his way.

In the middle of August 2022, a council member received complaints and inquired about a short-term rental on Cynthia. Having worked extensively on this case and having submitted a Notice of Violation Letter for Danny Rivas to approve that dealt with the violations. Remember, I was given instructions to disregard the program per Jackie Rocco and Danny Rivas. Fortunately, I still worked on the short-term rentals whenever possible, and gave him the necessary answers. Had I not continued working on these cases, I would have been reprimanded. I am damned if I do and damned if I don’t, working for a Director who expects you to work on the cases, he has instructed you not to work on.

At the end of August, I contacted HR detailing how Danny Rivas was making it difficult to work and the actions he was taking toward me. I complained again about the stress this was causing me. HRs solution was to send me a workers compensation claim form and a form for refusal of medical treatment. The complaint was also sent to the HR manager who never contacted me. I wanted to work but I wanted HR to control the harassment and retaliation. The environment was toxic and being regularly harassed was exacerbating my Multiple Sclerosis.

At the end of September 2022, Code received another complaint about the short-term rental property on Cynthia. I had tried to get approval for the notice I submitted, but Danny Rivas never approved it.

In October 2022, Danny Rivas emailed all officers except me instructions for our uniforms and badges. IT had created team emails to avoid searching for individuals, so I was purposely left out of the group or deleted from it.

By mid-October 2022 I was emailed additional duties including my position, Administrative Staff Duties, and Code Enforcement Business License Officer Duties. The City has job classifications for a reason. I was now more overwhelmed with more work than could be done in a day. At the same time, I was informed that the Short-term rentals were still on the back burner, although I still worked on them as they were an active part of my caseload. At the following staff meeting, Danny Rivas assigned the short-term rentals to our new Supervisor to assign cases to the Officers. My co-workers even commented that Jonesy was being phased out.

Five days later the Supervisor asked me to teach him, and the staff how to do these investigations. Two days later, in another attempt to oust me, I was informed by my Union Representative that the standing Union President under instruction of the HR manager, was no longer permitted to speak at the IPM per Janet Jimenez, the Director of Administrative Services. Janet Jimenez was now obstructing the Interactive Process Meeting (IPM) to benefit Danny Rivas. As a Union Steward, I always participated in the discussions and fought for the Union Members’ rights.

In November 2022, I was asked to teach the officers how to use the short-term rental software and have passwords created for them. After a year and eight months of fearing I would lose my job, being retaliated against because of my health, being placed in an unsafe environment, and sabotaging my work, the stress started affecting me mentally and physically.

On Black Friday, November 25, 2022, I was taken to the hospital in excruciating pain; I remained there medicated on oxycodone, gabapentin, and numerous medications for the next week. I could no longer walk or stand, and my left leg felt pain at the slightest touch. The hospital could not diagnose what was wrong, so I spent the next six months seeing doctors, physical therapists, specialists, and neurologists to try and figure out what was happening. It took six months to walk again but with the aid of a walker.

In March 2023, I heard that Danny Rivas had transferred my duties to the Officers. I emailed HR inquiring about my status. I also mentioned that per our Memorandum of Understanding Section 5.04 WORKING OUT OF CLASS, my co-workers should be getting out-of-class pay since they are doing the work of a Senior Officer. HR told me that they would investigate this and let me know. To date, no one has answered this.

By October 2023, I was referred to Doctor Regina Berkovich, another Neurologist who specializes in MS. Doctor Regina Berkovich explained that the excessive stress I endured the past three years was the likely cause of the sudden degeneration of the myelin layers of my nerves which would explain the sudden change in how my body has been reacting.

For two years my assignment kept me in the office 95% of the time. During 2 years of the Pandemic, I worked from home, and I increased my productivity. Although I could not walk without assistance anymore my job had me sitting during the day. Mentally I was prepared to return to the job I had been doing. My doctor issued a return-to-work letter with the accommodation of working from home while I was healing.

On December 13, 2023, I was ready to sit with HR, Danny Rivas, and my Union Representative to schedule my return at the Interactive Process Meeting (IPM). In my excitement, I forgot how the City had changed. I thought I would return to the ethical WeHo I once knew. I used my walker when my Union Representative and I entered the meeting room. I was shocked when I saw Danny Rivas, the Director of Community Safety, Janet Jimenez, the Director of Administrative Services, Vyto Adomaitis, the Neighborhood and Business Safety Manager, Raelynn Napper, the Human Resources Manager, Rani Luther from Return-to-Work Partners, and Jenny Lu, the Human Resource Analyst, all present. When I asked why there were so many people from management, Janet Jimenez responded they were cross-training. The doctor’s letter was read and stated that I was released to work from home. They asked if I agreed with the doctor’s orders. I answered that while I was limited physically, I was mentally able to do my job as I had for the past four years, and I wanted to begin working again. The next question was if I could return to the field. This was ridiculous, they just read the doctor’s letter and watched me enter with a walker. I answered that my doctor was going to prescribe medicine that she felt could help me recover. At that point, I would return to the field. Then I asked if they wanted an Officer in the field using a walker.

Before we started discussing my job description, I reminded them it still needs updating. As we went down the list, I explained everything that I was still capable of doing that did not involve going into the field. Most which did not involve fieldwork. With almost every duty I said I could do or had been doing, Danny Rivas responded that it had to be done in the field. For four years I completed these same tasks from the office. Danny Rivas maintained that there was not enough work for me to do in the office.

Raelynn Napper wanted to have more information about the medicine that was to be prescribed saying that it would take time to see if the medicine would work. Management needed to discuss this, so we were asked to leave the room. We were surprised since this was the first time during the IPM we were asked to leave. According to the State of California Civil Rights Department (Fair Employment and Housing) In California, it is unlawful for an employer to fail to engage in a timely, good faith, interactive process. The point of the process is to remove barriers that keep people from performing jobs that they could do with some form of accommodation. Management had taken the interactive out of the meeting. Why hide?

When we were called back, my Union Representative was armed. She brought evidence from the last four years showing plenty of work and more complaints that needed investigation, enough to keep me occupied for years. I also offered my expertise in the multi-unit housing inspection program that Danny wanted to begin. I reminded the group that I had created the same program for the City of El Monte, assisted in overhauling the program in Pasadena, and had previously created the program in West Hollywood in 2009 as part of the Community Block District Grant. I much as I begged them to let me work this management team decided they needed more information from the doctor. Before I left the meeting, I mentioned that having so much of the management team makes this a very intimidating meeting. I emailed the new doctor’s letter once I had it.

When they emailed me the meeting notes to sign, I noticed that it lacked my work recommendations. They only focused on what I was physically unable to do. Instead of signing, I emailed them a detailed list of the work I could do and the work I was already successfully doing in the same setting. I wonder if David Wilson, the City Manager, has any idea that his team is not allowing people with disabilities to return to work.

On December 28, 2023, I went to Urgent Care because of a new symptom with my right foot. The bottom of it and all my toes went numb. The doctors did not know why. After numerous tests and doctors’ appointments, Doctor Berkovich determined that the stress that I endured from the meeting was the probable cause of this flare-up of my disease.

By February I had not heard any response to my email, so I sent another asking where I stood and stated that I wanted to return to work. Raelynn Napper apologized for the delay but said that I would have their decision early next week. On February 6, 2024, I received my response. Strangely, it was the day after the City Council meeting. It appears that the response was delayed because during the City Council meeting the Code Staff could state that short-term rentals had been disseminated to the remaining staff.

The next IPM was scheduled for April 9, 2024, but this time I had fewer restrictions. I was again intimidated by a show of force. Danny Rivas, the Director of Community Safety, Janet Jimenez, the Director of Administrative Services, Vyto Adomaitis, the Neighborhood and Business Safety Manager, Raelynn Napper, the Human Resources Manager, Rani Luther from Return-to-Work Partners, and Jenny Lu, the Human Resource Analyst, were present.

If this team is still cross-training, then West Hollywood is in a sorry state when management is unable to learn. It’s another bullying tactic the city has become so fond of using. I again asked if the meeting could be recorded, explaining that I had requested copies of all the Interactive Process Meetings (IPM), but was not given everything as they did not have all the notes. Per Cal. Code Regs. Tit. 2, § 11069 – Interactive Process, states that medical information and/or records obtained during the interactive process shall be maintained on separate forms, and in medical files separate from the employee’s personnel file, and shall be kept confidential. Ms. Jimenez, where are these notes?

As in the previous IPM, I was given the same song and dance. At every solution I suggested I was told that the job had changed how it was done. Everything had to be done in the field. The same circus that happened last time. They would only focus on what I could not do, as I focused on what I could. They did not want me to return. I was asked when my next doctor’s visit was, and I told them I had an MRI scheduled in June and a doctor’s visit sometime after. Now they needed to know the result of an MRI to make their decision. They had no intention of following the Americans with Disabilities Act. Before I left their true colors were shown, they asked what my intent was if I could not return to work as my time for disability benefits was up.

In May of 2024, I received another Interactive Process Meeting (IPM) summary to sign that focused only on me not returning. I again emailed my response telling them that I could work and that I wanted to return. I informed them that according to the EEOC, their fundamental duty was to provide reasonable accommodation, which is a statutory requirement because of the nature of discrimination faced by individuals with disabilities.

In the IPM notes they stated that I had exhausted my permitted leave per Administrative Regulation 420. However, within the regulation, they failed to state that the Memorandum of Understanding for a Collective Bargaining Unit shall prevail over the regulation. Per Section 7.06 Long Term Disability Insurance I am entitled to 29 months. I added I did not want to use the time off but rather come back to work and be accommodated while I heal rather than put up roadblocks in retaliation for my illness. I find it appalling that they change the rules to avoid accommodation.

I had no choice but to contact the California Civil Rights Department (Fair Employment and Housing). They agreed this is discrimination and have opened a case. Allegedly other employees have submitted similar complaints that are also being investigated. I reached out to WEHOonline for help since West Hollywood no longer is a city that stands up for individuals’ rights. I will always be grateful to Larry Block for his help when there was no one else.

My next Interactive Process Meeting (IPM) is coming soon, and I expect to be forced to retire. They believe that this is my end when this is only the beginning. Lady Justice will show her face and this regime will fall. So, for now, all I can say is…to be continued.