EEOCFom5(1109) CHARGE OF. DISCRIMINATION Thisf formi is affected byt thel Privacy Acto of 1974. See enclosed Privacy Act Statement ando otheri information before compleling this form. Charge Presented' To: Agency(les) Charge No(s): FEPA X EEOC Texas Workforce Commission Civil Rights Division and EEOC Date ofE Birth Slate or local Agency, Ifeny City, State andz ZIP Code Round Rock, TX 78665 Name |ndicate Mr, Ms., Mrs.) Mr. Paul Hall Street Address 6009 Malta Circle Home Phone (Incl. Area Code) Named ist the Employer, Labor Organization, Employment. Agency, Apprenticeship Committee, or State orl Local Government. Agency Thatl Believe Discriminated Against Me or Others. (Ifmore than (wo, list under PARTICULARS below.) Name City of Hutto, TX Street Address 500 W. Live Oak Name No.E Employees, Members Phonel No. (Include Area Code) 100+ City, State and ZIP Code Hutto, TX7 78634 No. Employees, Members Phone No. (Include Area Code) DISCRMINATIONBASED ON (Check appropriate box(es).) DATE(S) DISCRMINATIONTOOKI PLACE Earllest 10/4/2020 Latest 7/20/2021 X RACE COLOR RETALIATION OTHER (Specify) SEX RELIGION AGE DISABILITY NATIONALORIGIN GENETICI INFORMATION X CONTINUING ACTION THE PARTICULARS ARE (ifa addilional paper is needed, attach extras sheet(s): Iam a darker skinned individual of partial Filipino descent. The City ofHutto has employed me as Chiefof Police since April 2019. Iam supervised byt the City Manager, Warren Hutmacher. The current Mayor, Mike Snyder, has told me that although Mr. Hutmacher has the authority to hire and fire city employees, he, as city manager, will follow the directions of the mayor and the city counsel when it comes to those decision since the city manager serves at the pleasure of the city council. Thus, the Mayor and city council effectively control the terms and conditions of my employment. Beginning with the paycheck dated April 24, 2020, the City Council, which included then-councilman Mike Snyder, voted to reduce all city executive employee pay by 10%. Iwas subject to this reduction. However, effective ont thej payd date October 4, 2020, the city council reversed its prior reduction ofo city executive employee pay and restored all executive employee pay to thej previous amounts, except for me and the. Assistant Chiefo of Iwantt this chargef filed with! botht the EEOC and the State orl local Agency, ifa any. I NOTARY - Whennepessary for State andL Local Agency Regulrements Police. procedures. 07/30/2021 Date will advise! the agencies ifichanger my address orp phone number andi Iwill cooperatef fully with themi int thep processingo ofr my chargei ine accordance with their Ideclare under penally of perjury thatt the above ist true and correct. yehtt Iswear or affimm thatl have read the above charge and thati itist truet to theb best ofr my knowledge, information and belief. SIGNATURE OF COMPLAINANT RAAH4N SUBSCRIBED, AND SWORNT TOE BEFORE ME THIS DATE (month, day, year) 07/30/2021 PAA TAYLOR QUIARANIBLETT My Notary! ID#1 133195175 Expires July7 7,2025 Charging Party Signature EEOC Form5(11/09) CHARGE OF DISCRIMINATION Thisf formi is affected! byt theF Privacy Actc of1 1974. See enclosed Privacy Act Statement ando otheri information before compleling this form. Charge Présented" To: Agency(ies) Charge No(s): FEPA EEOC Texas Workforce Commission Civil Rights Division and EEOC State ork local Agency, lfany THEF PARTICULARS ARE (Ma additional paper is needed, attach extras sheel(s)): Additionally, on May 7, 2021, the city council, including now-Mayor, Mike Snyder, voted to provide all city employees with a cost of living adjustment, except for me and the Assistant Chief of Police. On. July 20, 2021 at 12:00pm, City Manager Warren Hutmacher and Ii met Mayor Mike Snyder at the Torchy'sTacos location on IH35 in Round Rock Texas for al lunch meeting. During the course oft the meeting the Mayor implied that thel Hutto police department did not have a' "use-of-force" policy. He then stated "You know, a white chief would want to get in front oft things and talk about their use-of-force policies." Iti made mei feel as though he was telling me a white chief would handle the concern in ai more suitable way. This comment, coupled with my reduction inj pay and denial ofa cost ofliving adjustment is evidence oft the City's discriminatory animus toward me and has subjected me to al hostile work environment Ibelieve II have been discriminated and retaliated against because ofr my national origin (Filipino),color (non- white) and race (Asian) in violation ofTitle VII of the Civil Rights Act of 1964, as amended, and the Texas Labor Code. As a result ofworkplace discrimination and harassment, Ih have suffered mental and emotional based on my national origin, color, and race. distress and lost wages. Iwantt this chargef filed with botht the! EEOC and the State orl local Agency, ifany. NOTARY- When ngcessaryjor: State andl Local Agency) Requirements will advise the agencies ific changer mya address or phoner number andl lwill cooperate fully witht themi int the processing of my chargei in accordance witht their Ideclare under penalty of perjuryt that the above is true and correct. COYLIE Iswear or affim thatl lhaver read the above charge and thati itis truet to thel best oft my knowledge, information and belief. SIGNATURE OF COMPLAINANT PAMAN SUBSCRIBED ANDS SWORNTO! BEFORE ME THIS DATE (month, day,) year) 07/30/20a1 procedures. 07/30/2021 PANN Dale Charging Parly Signature TAYLORC QUIARANIBLETT My Notary! ID#1 133195175 Expires. July7, 2025 CPE Enclosure with EEOCF Form5(11/09) personal data and its uses are: PRIVACY ACT STATEMENT: Under the Privacy Act of 1974, Pub. Law 93-579, authority to request 1. FORM NUMBER/TTLE/DATE. EEOC Form 5, Charge of Discrimination (11/09). 2. AUTHORITY. 42U.S.C. 2000e-5(b), 29 U.S.C. 211, 29 U.S.C. 626, 42 U.S.C. 12117, 42 U.S.C. 2000ff-6. 3. PRINCIPAL PURPOSES, The purposes of a charge, taken on this form or otherwise reduced to writing (whether later recorded on this form or not) are, as applicable under the EEOC anti- discrimination statutes (EEOC statutes), to preserve private suit rights under the EEOC statutes, toi invoke the EEOC's jurisdiction and, where dual-filing or referral arrangements exist, to begin 4. ROUTINE USES. This form is used to provide facts that may establish the existence of matters covered by the EEOC statutes (and as applicable, other federal, state or local laws). Information given will be used by staff to guide its mediation and investigation efforts and, as applicable, to determine, conciliate and litigate claims of unlawful discrimination. This form may be presented to or disclosed to other federal, state or local agencies as appropriate or necessary in carrying out EEOC's functions. A copy of this charge will ordinarily be sent to the respondent organization 5. WHETHER DISCLOSURE IS MANDATORY; EFFECT OF NOT GIVING INFORMATION. Charges must be reduced to writing and should identify the charging and responding parties and the actions or policies complained of. Without a written charge, EEOC will ordinarily not act on the complaint. Charges under Title VI, the ADA or GINA must be sworn to or affirmed (either by using this form or by presenting a notarized statement or unsworn declaration under penalty of perjury); charges under the. ADEA should ordinarily be signed. Charges may be clarified or amplified later by amendment. Iti is not mandatory that this form be used to make a charge. state or local proceedings. against which the charge is made. NOTICE OF RIGHT TO REQUEST SUBSTANTIAL WEIGHT REVIEW Charges filed at a state or local Fair Employment Practices Agency (FEPA) that dual-files charges with EEOC will ordinarily be handled first by the FEPA. Some charges filed at EEOC may also be first handled by a FEPA under worksharing agreements. You will bet told which agency will handle your charge. When the FEPA is the first to handle the charge, it will notify you of its final resolution of the matter. Then, if you wish EEOC to give Substantial Weight Review to the FEPA's final findings, you must ask us in writing to do SO within 15 days of your receipt ofi its findings. Otherwise, we will ordinarily adopt the FEPA's finding and close our file on the charge. NOTICE OF NON-RETALIATION REQUIREMENTS Please notify EEOC or the state or local agency where you filed your charge if retaliation is taken against you or others who oppose discrimination or cooperate in any investigation or lawsuit concerning this charge. Under Section 704(a) of Title VII, Section 4(d) of the. ADEA, Section 503(a) oft the ADA and Section 207(f) of GINA, it is unlawful for an employer to discriminate against present or former employees orj job applicants, for an employment agency to discriminate against anyone, or for a union to discriminate against its members or membership applicants, because they have opposed any practice made unlawful by the statutes, or because they have made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the laws. The Equal Pay Act has similar provisions and Section 503(b) oft the ADA prohibits coercion, intimidation, threats or interference with anyone for exercising or enjoying, or aiding or encouraging others int their exercise or enjoyment of, rights under the Act.