HomeMy WebLinkAboutMinutes Civil Service Board - 11/16/2011MINUTES
551st CIVIL SERVICE BOARD HEARING
1201 LEOPARD ST., CITY HALL
HUMAN RESOURCES CONFERENCE ROOM
November 1 G, 2011
HOARD_ MEMBERS PRESENT:
Susanne Bonilla, Chairperson
Hector Sacnz, Member
Catherine I..utz
CITY STAFF PRESENT:
Joan McKaughan, Interim Director of
Ilumatr Resources
Jennifer Knox- Walker, Asst. City
Attorney
Michael Morris, Director of Parks &
Recreation
Jennifer I reeman, I -LIt. Analyst
Jeannie I- lolland, Legal Assistant
Chairperson Bonilla called the 551 st Civil Service Board hearing to order at 10.07 ,1.111.
ITEM # 1 Review and approve the minutes of the 545`' and 550"' Civil Service Board
hearings held on November 13, 2009 and October 13, 2011.
ITEM #2 Review and consider the appeal of the termination of Juan Cruz, Building and
Grounds Custodian T with the Darks & Recreation Department.
Chairperson Bonilla read the agetrda and explained the process of the proceedings to all the witnesses
called.
Chairperson Bonilla announced that they would wait to approve the minutes until then end of the meeting, and
she announced they would proceed to ITEM #2.
Jennifer Knox - Walker stated she would like to invoke the rule.
All witnesses present were given the oath by Chairperson Bonilla and asked that the witnesses wait until called
and not to discuss the case amongst each other.
Asst. City Attorney Jennifer Kriox- Walker presented the city's opening statement. Juan Cruz was terminated oil
September 21, 2011, for making offensive derogatory or inappropriate comments about other etr1ployees.
The City called Jennifer Freeman, 1 -luman Resources Analyst, as a witness. Ms. l stated that she has
worked for the City for 3 years.
The City presented exhibits and entered into evidence:
#1: .1eimifer Freeman's investigation report.
112: lJR Policy Ilarassrnent Complaint Policy 26.0
R3: 1larassment Complaint Policy Acknowledgmea l�orrns- signed by Juan Cruz
The City called Christopher A. Jones, I leavy Equipment Operator, as a witness. Mr. Jones stated that she has
worked since July 2011. Mr. Jones provided testimony detailing his complaint against Mr. Juan Crttz,
10:53 AM, Chairperson Bonilla announced a break Until 11 :05 AM.
1 1:02 AM, Chairperson Bonilla announeed that the hearing, was back on the record
The City called Jake Ryan Allen, City Temporary Employee, as a witness. Mr. Allen stated that lie has worked
as a City Temp with the Building and Grounds Custodian crew. Mr. Allen provided testimony oi' his account of
the incident(s) that he witnessed that resulted in the termination of Mr. Cruz.
The City called Ismael Farias, Building & Grounds 11, as a witness. Mr. Farias stated that lie has worked for the
City for 3 years as a temp and 5 years through the City. Mr. Farias provided testimony of incidents and
encounters he had with Juan Cruz that contributed to the termination of Mr. Cruz.
The City called Derek Herzog, Supcl•intendent of Beach Operations & Aquatics, as a witness. Mr. Herzog stated
that he has worked for the City for approximately 5 years. Mr. Herzog provided testimony with regard to his
involvement in the investigation that led to the termination of Juan Cruz. He further detailed the organizational
structure; of Beach Operations.
The City called Michael Morris, Director of Parks & Recreation, as a witness. Mr. Morris stated that lie has
worked for the City since June 2010. Mr. Morris provided testimony on the investigation which resulted in the
termination of Juan Cruzz,.
The City presented exhibits and entered into evidence:
44: Juan Cruz's Contemplated Letter ofTerminatiou
#5: Juan Cruz's better of Termination
Mr. Juan Cruz and his wife called Eduardo Fuentes, Park Operation Technician, as a witness. Mr. Fuentes
provided testimony with regard to comments and/or incidents both lie and Mr. Cruz made about the Mr. Jones.
Mr. Juan Cruz and his wife called Abel Sanchez, Building & Grounds Custodian 11, as a witness. Mr. Sanchez
provided testimony about his encounters and past incidents as Mr. Cruz's supervisor, and he provided testimony
on Mr. Cruz's past work history.
12:11 PM, Chairperson Bonilla announced a 10 minute break.
12:19 I'M, Chairperson Bonilla announced that the hearing was back on the record.
Mr. Juan Cruz and his wife presented a rebuttal letter as evidence.
The City recalled Derek Herzog; as a rebuttal witness. Mr. Herzog provided testimony on the contents of what
was presented in the rebuttal letter Mr. Cruz wrote.
The City called Kevin Koster as a rebuttal witness. Mr. Koster provided testimony of his observations of
incidents that hat[ occurred between Mr. Farias and Mr. Cruz. Mr. Koster also provided testimony on his
involvement in the complaint Christopher Jones filed against Mr. Cruz.
The City presented their closing; statement.
Mrs. Cruz presented the closing statement for Mr. Cruz.
Chairperson Bonilla announced it was 12:41 PM and the board went into closed session.
Chairperson Bonilla announced it was 1:00 PM. and the board was back on the record.
Chairperson Bonilla stated they were now going to address ITEM##] from the agenda. Chairperson Bonilla
stated that they would postpone approving the ►ninutes for the 545' Hearing until gUestiOIIS were later
Answered.
Board Member I...utz made a notion to approve the minutes for 550 "' Board Hearing, and Board Member Saenz
seconded.
Board Meniber Saenz made a motion to reduce the termination to a suspension with a return to work date of tile
tirst work day of tile year 2012, and the motion was seconded by Board Member t_,titz.
C'hairperson Bonilla adjourned the meeting at 1:02 PM,
Susanne Bonilla, Acting Chairperson
Civil Service Commission
Catherine Lutz, Me "b r
Civil Service Commission
Hector Saenz, Membe �- --
Civil Service Commission
66� & " &'
Jo McKaughan, Secrc tyy
Civil Service Commission