Paschal Memo 7-10-19
Paschal Memo 7-10-19
Paschal Memo 7-10-19
Memorandum
Date: July 10, 2019
To: County Board Chairman Frank Haney and County Board
From: County Administrator Carla Paschal
Re: Recommendation
Chairman Haney and County Board:
I am recommending the dismissal of Kimberly Ponder, Human Resources Director for the
following reasons:
Mrs. Ponder has not performed her duties as Human Resources Director in a satisfactory
manner. This unsatisfactory performance includes the following:
Departments have indicated they are hesitant to solicit support from HR due to the
inconsistent response times and execution. I have had direct discussions with
department heads and elected officials who do not use the Human Resources
Department because they do not have confidence in the service provided or that
information shared will be kept confidential.
Implementing compensatory time policies and tracking in MUNIS has been stalled at the
HR level for several years. Munis setup has been completed by IT and is awaiting HR’s
review of employees’ exempt status to determine eligibility for compensatory time. The
Finance Department cannot move ahead with the tracking of compensatory time until
HR has completed this determination and has a review of this determination performed
by the states attorney. Mrs. Ponder committed to have the review completed and
submitted to the states attorney for review by July 8, 2019. This deadline was not met.
HR has not ensured the County is in compliance with OSHA training requirements. The
HR Department is responsible for administering the safety and liability risk management
program for employees under the employment jurisdiction of the county Board
Board Office | 404 Elm St, Rm 533, Rockford, IL 61101 | www.wincoil.us
Phone: (815) 319‐4225 | Fax: (815) 319‐4226 | Email: [email protected]
(Chapter 2, Article IV, Sec 2‐167 (6) of the Winnebago County Code). This elevates risk
for the County.
HR has not developed recruitment strategies to assist departments/elected offices in
recruiting efforts. The Board approved a Geo‐fencing contract to improve recruiting
efforts at River Bluff based on Mrs. Ponder’s recommendation. Mrs. Ponder was asked
months ago to address the lack of proper targeting of recruits related to the Geo‐
fencing and work with the vendor to adjust for better success and has not to date. River
Bluff has had to also continue paying for the Indeed postings which are more successful.
Only one employee candidate indicated they heard about the position through Geo‐
fencing. The cost of the Geo‐fencing is approximately $1,500 per month.
Human resource policy development and updating has not been adequately monitored
by the Human Resources department. An example of this would be the requirements of
the State of Illinois for Discrimination/Harassment policies which changed as of January
1, 2018. I alerted Mrs. Ponder of this change and provided her an example to use in
updating the County’s policy in the fall of 2017. I reminded Mrs. Ponder over the course
of the next few months. I reminded Mrs. Ponder again when January 1, 2018 arrived
and still no policy update was provided. After numerous requests, I finally drafted the
revised policy and the Board approved it on June 28, 2018. Mrs. Ponder should have
been aware of the requirement and ensured the County was in compliance as the
Human Resources Director.
Funds were budgeted from Host Fees for an internship program in 2018. Several
departments including Finance and the County Administrator requested an intern for
their office. No candidates were ever presented by Human Resources and the funding
went unused.
Funds were budgeted from Host Fees for the development of online human resources
training by Mynd Match Inc. Mrs. Ponder was given the responsibility to complete this
project. Two payments were made to Mynd Match Inc. ‐ $12,500 on 4/6/18 and $12,500
on 5/18/18. A third payment was requested on 6/28/19 (over a year after the second
payment was requested). The project is still not complete and employees have not
been provided annual training on ethics and sexual harassment and other human
resource laws, regulations and policies. In conversations with the contractor providing
the product, he indicated the delays were due to the Human Resources department not
providing the necessary information to him on a timely basis. Mrs. Ponder indicates the
delay is due to the timeliness of the contractor. Mrs. Ponder was assigned as the lead on
Board Office | 404 Elm St, Rm 533, Rockford, IL 61101 | www.wincoil.us
Phone: (815) 319‐4225 | Fax: (815) 319‐4226 | Email: [email protected]
this project and it was ultimately her responsibility to ensure the project was completed
within the established timeframe and the status was reported to her supervisor.
On February 23, 2018, a FOIA request was made to Mrs. Ponder requesting “current
employee certification records for their ethics and business conduct policy as
mandated”. Such a record did not exist but should be maintained. Instead of replying
that such a record did not exist and could not be provided (FOIA does not require
documents to be created but rather only required documents in possession to be
shared), Mrs. Ponder created the documents requested. Request must be responded to
within 5 days. A 5 day extension was requested and the individual requesting the FOIA
indicated Mrs. Ponder could have until March 14, 2018 to respond. Mrs. Ponder did not
respond until March 20, 2018 at 6:43 p.m. On April 2, 2018, Mrs. Ponder was served
with a lawsuit asserted by the individual who made the FOIA request for denial of the
FOIA request due to not meeting the extended timeframe. Due to the fact that, if the
County were to lose the lawsuit and would have to pay attorney fees for the individual
who requested the FOIA, the potential loss to the County could be thousands of dollars,
the County offered and paid an agreed settlement amount of $865.92.
On a regular basis, Mrs. Ponder makes promises to perform assigned tasks within a
specific timeframe and does not meet these deadlines. The Finance Department is
impacted by this failure to meet deadlines as the processes between the two
departments overlap.
Mrs. Ponder investigated an incident between an employee and the Sheriff. She
incorrectly had Staff Management, Inc. investigate a sexual harassment complaint when
the employee had clearly documented she felt bullied and intimidated (not sexually
harassed) and had not filed a complaint. Of course, the report came back with a
conclusion of being unfounded.
One copy of the report was received by Mrs. Ponder. Mrs. Ponder provided a copy of
the report marked “Copy” and “Confidential” to the County Board Chairman. Mrs.
Ponder first indicated to the states attorney that she did not recall giving the County
Board Chairman the report and later confirmed to the states attorney that she in fact
had. The reported printed in the Rockford Register Star was marked “Copy” and
“Confidential”.
When the states attorney asked Mrs. Ponder for her copy of the report, she initially
could not locate it. It was later found in a FOIA folder in an unlocked cabinet. The
Board Office | 404 Elm St, Rm 533, Rockford, IL 61101 | www.wincoil.us
Phone: (815) 319‐4225 | Fax: (815) 319‐4226 | Email: [email protected]
County Ordinance (Sec. 62‐14 – Discrimination /harassment policy) provides that “The
investigating department will make every reasonable effort to conduct the
investigation in a responsible and confidential manner; however, it is impossible to
guarantee absolute confidentiality.” Mrs. Ponder was negligent in her responsibility to
make every reasonable to keep the report confidential. This creates financial risk to
the County.
I feel the above provides enough support for the decision to recommend Kimberly Ponder’s
dismissal from the position of Human Resources Director. I request that you approve my
recommendation.
Board Office | 404 Elm St, Rm 533, Rockford, IL 61101 | www.wincoil.us
Phone: (815) 319‐4225 | Fax: (815) 319‐4226 | Email: [email protected]