Atwater code enforcement officer fired after filing harassment claim

A code enforcement officer whose 15-year tenure with the city was marred by accusations of harassment and timesheet fraud was fired two days before Christmas – the second time city officials have terminated him in four years.

Code enforcement Officer Mike Teater, 54, told the Merced Sun-Star that his termination was “retaliation” for filing a harassment claim in October against City Manager and Police Chief Frank Pietro and the Atwater Police Department’s administrative supervisor, Tyna Lamison.

The claim was rejected by the Atwater City Council in early December, opening the door for Teater to file a lawsuit against the city. Teater confirmed hiring private attorney Kerry Margason to explore his legal options.

According to Teater’s claim, Pietro told Teater’s friends not to associate with him. Teater claims Pietro asked him “why the hell” he couldn’t just do his job after a disagreement with Lamison, a supervisor Teater said is “protected” by Pietro.

Teater’s claim also accuses Lamison of cursing at him and calling him names during a discussion about posting a notice on a tenant’s door. The city hired an outside investigator, S.K. Nelson & Co., which found Teater’s harassment claims to be unsubstantiated, according to documents obtained by the Sun-Star.

Teater was also the subject of an Internal Affairs investigation, the Sun-Star learned. The investigation was launched in April after Atwater police Sgt. Dick Wisdom filed a citizen’s complaint against Teater, claiming he was not reporting accurate hours worked on his timecard.

Teater says the city had an “unwritten policy” that allowed certain employees to leave early to compensate for overtime hours, without recording the extra hours on their timecards. The practice has been in place for 15 years, Teater said, and Pietro was aware of it.

Pietro denied giving Teater permission not to report his overtime hours in a telephone interview Monday.

Teater maintains that city officials have been out to get him ever since he was rehired in May 2013.

Teater was fired from his job in May 2011 amid sexual harassment claims. Kelly Sorensen, a city employee, filed a complaint against Teater the same day he launched a website that graded city officials. Her husband, Eric Sorenson, was given a poor grade, according to Sun-Star archives.

Teater was reinstated two years after appealing his 2011 termination.

“As soon as I came back, the harassment started and they tried to get me to quit as soon as I got hired back,” Teater said Monday.

REASONS UNCLEAR

Teater said city officials never gave him a clear explanation as to why he was fired last week. Atwater police Lt. Sam Joseph, who delivered the news of the termination, also told the Sun-Star he didn’t know the reasons. Joseph said he was given direction by the city attorney to fire Teater.

Atwater City Attorney Tom Terpstra said the termination was “warranted and justifiable,” but declined to elaborate because it’s a personnel matter. Pietro said he was “out of the loop” and removed from the situation because of being named in Teater’s harassment claim.

While top city and law enforcement officials say they had no idea Teater was being terminated, Teater said a well-known Atwater resident knew of his termination before he did. The resident called him that morning to “warn him,” Teater said.

Less than an hour after his termination, Teater said, more than five police officers came to his house to collect his laptop and badge. Teater said the move was meant to embarrass him – and it worked. “It made me feel like I’m a dirtbag,” he said. “They did it to humiliate me in my neighborhood.”

Teater said he was told not to speak with elected officials. Atwater Mayor Jim Price confirmed being advised by the city attorney not to discuss legal matters with Teater. However, Price added, Teater can discuss other issues with his elected officials because he’s a taxpayer and city resident.

Teater said he’s looking forward to proving his termination was unjustified, but will suffer financial hardship in the meantime. “I’m now going to be unable to pay for my mortgage and will probably go into foreclosure,” he said, “all because I wouldn’t play ball.”

This story was originally published December 29, 2014 at 8:28 PM with the headline "Atwater code enforcement officer fired after filing harassment claim."