Gov. Doug Ducey earlier this year relied upon a private investigation to clear state Parks Director Sue Black, one of his political appointees, following allegations that Black berated and embarrassed staff and got drunk at agency events.

The inquiry found problems with “general management practices,” but Ducey saw no reason to fire Black.

State officials at the time didn’t disclose that it wasn’t the first time Black had come under scrutiny for allegations that she mistreated state employees.

In late 2015, less than a year into her job, the state Department of Administration launched an investigation into Black and found numerous employee complaints that she had abused her authority over staff. That investigation was not disclosed until Wednesday, when it was revealed in documents released to The Arizona Republic through a public-records request.

The newspaper in April — one month after Ducey cleared Black — requested documents related to allegations of misconduct by state employees. Those documents were released by the Ducey administration Wednesday, eight months later.

The state’s personnel code specifies that disciplinary records are public documents, and state law requires public records to be released promptly. Parts of the records were blacked out to protect the identities of those making allegations.

The ADOA, which is responsible for investigating discrimination complaints, launched the earlier inquiry into Black in December 2015, the records show. Ducey had appointed Black 11 months before then.

ADOA found:

• Numerous members of her executive staff had left the agency, citing Black’s treatment of them.
• Allegations that Black created a hostile work environment, including one employee who said staff “lived in fear of Sue Black.”
• One employee cried while discussing Black’s “inconsistent and rude” treatment of staff.
• An employee alleged Black asked staff to violate the federal Family Medical Leave Act.

“If you do a good job, Sue Black yells at you in a condescending way; if you do a bad job, you get the same thing. She says stuff like, ‘This is like explaining something to dumb and dumber,’ ” an employee told the ADOA investigator.

ADOA investigator Hope Favela and Jan Plank, the state’s chief human resources officer, didn’t determine whether allegations that Black mistreated employees were true or not.

The investigation did conclude the agency saw a significant increase in turnover in 2015, Black’s first year on the job.

The four-page report was forwarded to Ducey’s office in early 2016.

Megan Rose, ADOA spokeswoman, said it was her agency’s understanding that an official from Ducey’s office spoke with Black about the ADOA investigation.

Ducey’s office on Wednesday did not directly address what action it took after receiving the 2016 report.

“The (ADOA) professionals there found no evidence to substantiate the allegations of retaliation. As it relates to standards of conduct, we take this very seriously and expect everyone to be treated with dignity and respect in the workplace,” said Patrick Ptak, the governor’s spokesman. “Corrective action is taken if we have reason to believe the standards are not being met.”

Black did not return calls on Wednesday.

Her agency issued a statement: “Arizona State Parks & Trails is proud of the teamwork and camaraderie that have propelled us to great accomplishments. The environment at ASPT is one of respect for all employees and their contributions to the team and the agency’s mission. We strive to treat everyone with professionalism, courtesy, and dignity,” the agency said.

The governor hired Black at a salary of nearly $160,000. Ducey gave her a raise of more than 9 percent in November 2016 — after she was investigated by ADOA — bringing her annual pay to $175,000. Black’s predecessor was paid $136,000 annually.

DATABASE: Here’s how well Ducey rewarded staff

 

Prior to receiving the ADOA records on Wednesday, Republic reporters were asked to attend a briefing regarding the state’s workplace-harassment prevention program.

Elizabeth Alvarado-Thorson, state human resources director, distributed a four-page handout. It stated, in part, that “Arizona has had a long-standing practice of prohibiting harassment and retaliation in the workplace,” and that all state employees must be “courteous, considerate, and prompt in interactions with and serving the public and other employees.”

When asked about allegations regarding Black, Alvarado-Thorson declined to answer. Instead, she said: “Employees understand what is expected of them. We want every employee to have a work environment that is safe.”

The Republic in February reported Black was facing a state investigation triggered by a legal claim filed against the Parks director by a former top department official.

The legal claim alleged Black made a staffer with a law degree do personal work for her, berated employees, disclosed confidential information, used racial slurs, got drunk and belligerent while representing the agency at conferences, and unsuccessfully pressured an employee to violate the state procurement code.

Eight current or former Parks employees in previous interviews with The Republic corroborated allegations in that legal claim.

Pierce Coleman, the firm of former state Rep. Justin Pierce, was hired to conduct the investigation this year into Black. The state refused to release records from Pierce’s investigation, asserting they are subject to attorney-client privilege.

State law and the state government personnel code allow the release of disciplinary records. But the Governor’s Office asked for Pierce’s investigative findings to be disclosed only by conversation, ensuring that no written record that would be subject to disclosure under the Arizona Public Records Law exists.

Records later obtained by The Republic showed Pierce Coleman had been retained not only to investigate the claims but to work on behalf of ADOA’s risk-management division. One of risk management’s functions is to minimize damages against the state and limit or avoid financial payments stemming from any claims against the state.

Some former Parks employees interviewed by Pierce’s firm said the investigation was not impartial. Pierce defended his investigation at the time. He did not return a call Wednesday.

In spite of the repeated questions raised about Black, state officials have pointed to successes in the Parks operation. The agency won a national award as the as the best-managed state park system and generated nearly $17.9 million, largely from park fees, in the last fiscal year, a record.

Reach the reporter at [email protected] or 602-444-8478 or on Twitter @charrisazrep.

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