Water employee's termination overturned

SPRINGDALE -- The Springdale Water and Sewer Commission reversed the termination of an employee accused of sexual harassment.

Mike Adams, a 16-year wastewater facilities maintenance assistant, won his appeal during a special meeting Thursday morning.

"I'm happy with the decision. My name is cleared," Adams said. "I appreciate the commission's concern and diligence with the matter."

Adams was suspended without pay Oct. 3 and terminated Oct. 6 for allegedly using his cellphone to inappropriately record video of a female co-worker as she tried to put on an air pack for response training in the event of a chemical leak. Some witnesses said Adams made inappropriate remarks and body gestures about the coworker when they questioned him about taking the video. Adams told the commission his remarks and physical gestures were humorous, not sexual in nature.

The case is prompting the city to explore policy changes such as sexual harassment training and cellphone use.

Heath Ward, executive director of Springdale Water Utilities, said the city will outline possible outcomes if the cellphone policy isn't followed.

"We have several technology-related polices. We are either going to expand those policies or make new policies concerning the videotaping or picture-taking of employees for other than official purposes," Ward said.

Chris Weiser, commission chairman, told Adams he has the option to return to work, and would be given back pay if he chooses to return. He also said Adams should attend a sexual harassment training. Weiser said any videos taken of employees must be sanctioned videos.

Adams asked the commission if he would be eligible to be rehired if he didn't wish to return to work soon.

"I would say you would be eligible for rehire, but it would be damn tough," Weiser said.

After the meeting, Adams said he had no comment on whether he would return to work.

Ward presented witnesses' statements to commissioners, as well as Adams and his attorney, Josh Bailey of Fayetteville-based Hogue Law Firm. Ward said the female accuser gave a verbal, not written, statement.

The lack of a written statement from the accuser and Adams' clean disciplinary record were factors in reversing the termination, Weiser said.

"We didn't feel like the preponderance of evidence rose to the level of termination," Weiser said.

Ward said Adams' years of experience was another important factor in the reversal.

"The decision of the commission is not denying the events happened. In their opinion the events did not rise to the level of termination," Ward said. "Given Mr. Adams long record of service, they thought he deserved a second chance. The fact that he was not a supervisor taking the video in question was of concern."

Adams recorded the co-worker on Sept. 29 as he and other employees underwent self-contained breathing apparatus training from the Fire Department. At least other employees saw Adams record the female employee struggle to put on her air pack, Ward said.

"Someone in the group asked him why in the world he was recording her," a witness said in a statement. "I proposed out loud, maybe he was just recording in case she messed up. He said he wasn't. He told us he was recording her... trying to get a recording of her doing this and this. With the first 'this' he put his hands on his hips and flared his butt... out and shook it, with the second "this," he used his arms to push together his chest to exaggerate his chest and also shook it. Everyone in the group was really awkwardly quiet while he laughed."

The witness said the female employee wasn't present for the group's exchange with Adam, but she later asked Adams about the video and seemed to be under the impression he recorded it because he was expecting her to mess up.

"She asked him for the video because she wanted to see if she did look silly," the witness said. "After this, I went to her and explained that it was not because he thought she looked silly and told her about the comments (he) made in reference to her."

The female employee reported Adams recording her to her supervisor, Tiffany Mallard, who then reported Adams' conduct to her superiors, Ward said.

Ward said he interviewed the female employee who accused Adams.

A second witness statement reported Adams said he would like to post the video on YouTube and a third witness said Adams shook his lower and upper body to mimic the female employee, adding Adams said he recorded the "good part."

One witness reported Adams' comments to Jennifer Enos, director of the waste water treatment plant.

When Adams addressed the commission, he said he made neither inappropriate gestures nor lewd comments.

"At sometime everyone has been videotaped for training purposes," Adams said. "During the videotape you could hear me say 'that's funny,' and it was because she was putting it on wrong. When I walked up to a group of employees, I did wiggle because I thought it was funny."

Adams said Enos contacted him before the investigation began and told him he would probably be written up, suspended and fired.

"I don't feel an investigation was done, and it was pre-determined that I had violated a policy, and a sentencing had been done before there was an investigation," Adams said.

Bailey argued the female employee wasn't offended by the recording her until she heard co-workers' assumptions about the video.

Charles Harwell, attorney for the commission, said Bailey was misleading the commission and overlooking a witness' statement about the gestures Adams made.

Adams also claimed Enos has a hostile history toward him and the police are investigating her for terroristic threatening. He said during a previous work meeting, he asked Enos what would happen if he went home during a chlorine leak. He said she became irritated and said she would hunt him down, beat him and kill him.

Capt. Ron Hritz of the Springdale Police Department said he couldn't comment because there is an "open and active investigation."

NW News on 12/09/2016