Although former Marana Assistant Police Chief Barbara Harris says she experienced harassment and hostile behavior from fellow police officers, she would still like to be part of the department from which she was fired five weeks ago.
"I want my job back," Harris wrote in an e-mail in response to questions by the Arizona Daily Star about her termination, her federal discrimination complaint and the circumstances that led to her backing out of a financial settlement with Marana.
Harris, who the town fired June 20, has formally appealed her termination.
She has also filed a federal Equal Employment Opportunity complaint, which claims Harris and two former female Marana police sergeants were the subject of gender discrimination.
"I would like the opportunity to help correct the damage done in this situation, and bring a positive atmosphere and defined culture into the department," wrote Harris, who was hired by Marana in October 2006.
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"I find it personally objectionable to have been placed in a position by my superiors that left me no choice but to file an EEO complaint in order to bring to light the total disregard for the abhorrent and discriminatory behavior exhibited by the town and some of its employees."
Harris filed a federal complaint June 26, six days after she filed a discrimination complaint with the town the morning of her termination.
Two former sergeants, Lanell Garbini and Michelle Ochoa, both of whom resigned from the department in May, filed discrimination complaints with the town April 22.
The town hired an outside investigator May 2 to look into the complaints. That investigation is ongoing.
Marana placed Harris on administrative leave March 11, one week after a representative of the local police union publicly called for her and then-Chief Richard Vidaurri to resign.
Harris said she was given no specific reasons why Vidaurri put her on leave.
"It appeared that he was told to do this," Harris wrote in the e-mail. "He said that it 'just wasn't working out' and 'because the department just can't move forward with you here.' "
Harris began settlement talks with Marana on May 9 after receiving a letter from then-Town Manager Mike Reuwsaat notifying her of his intent to fire her.
Harris signed a separation agreement June 9, and the Marana Town Council unanimously approved it June 10. But on June 16, Harris exercised her option to withdraw from the agreement after learning the lump-sum payment of $107,000 she was to receive from the town would be taxed.
Harris' lawyer, Minette Burges, said her client had a verbal agreement with Reuwsaat that the town would put the $107,000 into a tax-deferred account, which Harris would use to complete payments toward her retirement account.
"He said he will make that work," Burges said.
Harris signed the agreement because it "appeared to me to summarize our conversation," she wrote.
Marana Town Attorney Frank Cassidy said the town's only options when paying out a settlement are to withhold taxes itself or make it a 1099 payment, which Cassidy said would then require the recipient to pay the taxes.
"We can't just say to you, 'OK, we're going to do a separation agreement, and, to avoid taxes, we're going to open up an account and make it as if you were never given money,' " Cassidy said.
Burges said her client just wanted Marana to "consider options," including an offer made June 20 that called for the payment to be $185,000 before taxes and asked for the town to rescind its pending termination of Harris in exchange for Harris withdrawing her discrimination complaint.
Marana rejected that offer, and later that day Harris was fired.
Harris wrote that she has left the door open to file a lawsuit against Marana, but for now remains "hopeful for a simpler and mutually positive resolution."
Marana Deputy Town Attorney Jane Fairall said the town's Personnel Action Review Board must hear Harris' appeal by Oct. 6.
Burges said she hopes the EEO complaints filed by Garbini, Harris and Ochoa will prompt Marana to improve its own EEO process, which as it stands now calls for the town's human resources director — assistant HR director Tommy Yamasaki has been serving as interim director — to be its EEO officer.
Burges said that setup is unacceptable, and is why Marana has received so few formal EEO complaints.
"We have evidence that people have attempted to make complaints," Burges said. "They don't get complaints because they have no process. These are things that would be a full-time job if they were done properly."
The story so far . . .
• October 2006: Barbara Harris is hired as Marana's assistant police chief.
• December 2007: Marana receives the results of a Police Executive Research Forum report, based on a survey of 40 Marana Police Department employees, that suggests ways for the department to be improved.
• Jan. 8: The Arizona Conference of Police and Sheriffs releases its report, based on a survey of 48 of MPD's 76 unionized members. The report blames Harris for many of the woes plaguing the department.
• March 4: A Marana police officer, Adam Lawson, representing the Marana Police Officers' Association, announces during a Town Council meeting that the union had given Harris and then-Chief Richard Vidaurri a "no confidence" vote. Lawson calls for the removal of both Harris and Vidaurri.
• March 11: Harris is placed on administrative leave.
• April 15: Vidaurri announces his retirement from the department, effective June 30. Marana appoints Terry Tometich interim chief.
• April 22: Two MPD sergeants, Lanell Garbini and Michelle Ochoa, file Equal Employment Opportunity complaints with Marana, citing gender discrimination.
• May 2: Marana hires an outside investigator to look into Garbini's and Ochoa's complaints.
• May 7: Harris receives a letter from then-Town Manager Mike Reuwsaat notifying her of Marana's intention to fire her.
• May 16: Garbini resigns, citing discrimination and a hostile work environment.
• May 28: Ochoa resigns, citing discrimination and a hostile work environment.
• June 9: Harris signs a separation agreement that calls for her to retire June 30 and be paid $107,000. The Marana Town Council approves the agreement June 10.
• June 16: Harris exercises her right to withdraw from the separation agreement. No new agreement is reached.
• June 20: Marana fires Harris, the same day she files a discrimination complaint with the town.
• June 26: Marana asks the investigator looking into Garbini's and Ochoa's discrimination complaints to include Harris' complaint in the investigation.
• June 30: Garbini, Harris and Ochoa file a federal Equal Employment Opportunity complaint.
• July 7: Harris files an appeal of her firing. Marana's Personnel Action Review Board will hear the appeal by Oct. 6.
"It appeared that he was told to do this. He said that it 'just wasn't working out' and 'because the department just can't move forward with you here.' "
Barbara Harris, in a e-mail in which she said she was given no specific reasons why then-Chief Richard Vidaurri put her on leave
