Judge finds lack of evidence in hearing

Warner Robins city employee Cedric Allen was terminated from his position on Dec. 4, 2019 based on his actions when he engaged in a verbal confrontation with a customer on Nov. 14, 2019, using a racial slur. Allen requested an appeal hearing for his termination.

The appeal hearing for Allen was held on Jan. 27, 2020 and Jan. 31, 2020 with administrative law judge Rabb Wilkerson presiding. Defense attorney Charlie Cox represented Allen and Warner Robins City Attorney Fred Graham was the prosecutor for the hearing. Graham began by stating that Allen was terminated based on his actions with a customer and that several witnesses heard Allen use a racial slur, multiple times, toward the customer, who was Chasity King.

Graham said 16 statements were taken for evidence as well as surveillance videos in City Hall, which were reviewed. The surveillance videos however, did/do not record sound. Seven witnesses gave their testimony on Jan. 27, one of which was Kim Demoonie, who is the interim City Clerk and procurement manager for the city of Warner Robins. Demoonie is also Allen’s supervisor. Allen was the customer service office manager for the customer service utilities department.

During the hearing, Demoonie stated that she was not there at the time of the incident as she was scheduled off from work until that Monday, Nov. 18, 2019. Demoonie became aware of the incident by an email that was sent to her from Mandy Stella, executive assistant to Mayor Randy Toms, on Friday morning Nov. 15, 2019.

“Mandy stated in her email that when the confrontation took place that it was noted that Mr. Allen tried to first resolve the matter by coming to my office, but when he found I wasn’t there, he then proceeded to Toni Graham’s, our human resources manager’s, office. Toni was out of town as well, at a work conference. He then went to Mandy’s office to handle the matter. When I returned on Monday, I did go to Mr. Allen to get his written statement, but he acted upset that I was asking him for one and said to me that him using the racial slur, the “N” word, was no different than me being called a “mother f***er.”

Demoonie went on to say that she based her decision for Allen’s termination on several witnesses stating they heard Allen call the customer the “N’ word several times as well as his refusal to give a written statement and accept the disciplinary action letter.

“I have never been in a situation like this before,” Demoonie testified. “It was very hard for me as Mr. Allen was more than a co-worker; he was a friend. I did a lot of soul searching and praying, and I even looked to see if there was an opening within his pay scale to move him, but at the time there was not. But these actions are not acceptable.”

In Allen’s appeal letter, he stated that when King came in to set up a new account, city employee Israel Davis told her that she needed to satisfy two bad debts before he could set up a new account for her. Davis told her that she would have to establish a payment plan with the city’s collection agency and make the payment using a credit card. Allegedly King responded by saying she didn’t have a credit card and, “All y’all black people back here and don’t want to help nobody.” In Allen’s letter he also stated that Davis said King called him the “N” word several times. Allen then tried to deescalate the matter, but King allegedly continued to get louder, and then called Allen the “N” word.

Seven witnesses testified on Monday: Christopher Brown, Keith White, Kim Demoonie, Toni Graham, Israel Davis, Darren Oats and Nola Marquez. Three witnesses—Brown, White and Davis—testified stating that Allen did not call King the “N” word.

White, an Aflac Insurance Agent, testified he was at City Hall during the incident where he heard a “very loud and upset female visitor.”

“I was unsure what the commotion was about, but was hesitant to go farther into the lobby at that time,” White testified. “I was standing with my co-worker and simply watching to determine whether to proceed, intervene, or just leave. She used the “N” word several times and got louder and louder. The city employee, who I didn’t know at the time, but now do, Mr. Allen handled it very professionally. I was impressed at how collected he remained. He showed a very calm and collected demeanor and represented the city in a very positive manner. When they went upstairs I lost sight of them, but you could still hear the female visitor screaming.”

Oats, when he gave his written statement, was first indentified as a secret observer. Cox (Allen’s attorney) argued that he could not give a verbal testimony, as he was not aware who he was until the hearing. Judge Wilkerson then allowed for recess for Cox to speak with Oats, to which Oats was then allowed to testify. Oats stated he heard Allen use the “N” word, but was not sure if he used it toward King.

Marquez, who is also a city employee, testified that she heard King say, “You all act like n*****!” and that Allen responded to King by saying, “N****?! You’re a n****, n****!” Marquez also said that since the incident, Allen and other city employees have bullied her for giving a statement that said Allen called King the “N” word.

Wilkerson presented his ruling to the city on March 2, which his recommended disposition stated, “Having considered the evidence before me and having found a lack substantial evidence to support that Mr. Allen is guilty of the offenses as alleged by the City, I reverse the City’s decision that his employment be terminated and order that he be reinstated with pay from the effective date of his termination.”

A copy of the disposition of Wilkerson was provided to the Houston Home Journal. In Wilkerson’s conclusion he stated that, “based upon the findings of fact, I find that the city of Warner Robins failed to present substantial evidence to show that Mr. Allen is guilty of a violation of City Code, Section 18-40(d)(4). I do not find that his conduct during the initial meeting with Ms. Demoonie in Mr. Allen’s office or during Mr. Allen’s request to schedule the later meeting to retain counsel rose to the level on insubordination.”

Wilkerson also stated that the remaining allegations could be grouped together and based upon the previous findings of fact he found that the city failed to present substantial evidence to show that Allen is guilty of City Codes 1840-(d)(5), 18-40(d)(21) or 18-40(d)(22).

On Friday, March 6, Demoonie formally requested that the mayor and council review the final decision rendered in Allen’s employment appeal hearing held Jan. 27 and 31. Demoonie stated in her request that she disagreed with the final report made by the Administrative Law Judge Wilkerson for the following reasons: Wilkerson failed to consider anyone but non-employee testimony, Allen’s lack of response to the mayor’s assistant’s Mandy Stella’s request of him to return to his desk, and Allen not abiding by page 73 of the city employee handbook, referencing “Courtesy is Important.”

Mayor and council have seven days to review and respond, to which then vote on the matter after doing so, at the next council meeting.

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