HomeMy WebLinkAboutMinutes Civil Service Board - 02/06/2013 MINUTES
557h CIVIL SERVICE BOARD HEARING
1201 LEOPARD ST.,CITY HALL
HUMAN RESOURCES CONFERENCE ROOM
February 6,2013
BOARD MEMBERS PRESENT: CITY STAFF PRESENT:
Susanne Bonilla, Chairperson Yasmine B. Chapman, Director of H.R.
Hector Saenz, Member Marcie Downing, City Attorney
Catherine Lutz, Member Sherri Eldridge, H.R. Analyst
Chairperson Bonilla called the 557`x'Civil Service Board hearing to order at 9:07 a.m.
ITEM #I Review and consider the appeal filed by Kevin Spain, Custodial Worker with the
Library Department, for his termination.
Chairperson Bonilla read agenda item #1.
All witnesses present took the oath administered by Chairperson Bonilla.
Marcie Downing, Assistant City Attorney presented the City's opening statement.
Mr. Kevin Spain presented his opening statement.
Assistant City Attorney Marcie Downing called Corina Saenz, Sr. Human Resources Analyst as the City's first
witness.
The City presented and entered into evidence:
#1: City of Corpus Christi, City Policy HR 3.0.
42: Kevin Spain's signed City Policy HR 3.0 Acknowledgement.
#3: Letter of Reprimand to Kevin Spain from Herbert Canales dated September 4, 2012.
#4: Civil Service Board Letter dated September 6, 2012 regarding Kevin Spain's two day suspension.
#5: Fact Finding Investigation completed by Sr. Human Resources Analyst Corina Saenz on December 14,
2012.
#6: Contemplated Disciplinary Action Letter to Kevin Spain from Laura Z. Garcia dated December
21, 2012.
#7: Civil Service Board Letter dated December 27, 2012 regarding Kevin Spain's termination.
Assistant City Attorney Marcie Downing asked Witness Corina Saenz to describe City exhibits Items #1
through #5.
Chairperson Bonilla asked Mr. Spain if he had any objections to City exhibits Items #1 through #5 being
entered into evidence. Mr. Spain stated there were no objections.
Assistant City Attorney Marcie Downing asked Witness Saenz to review City exhibit Item # 1.
Assistant City Attorney Marcie Downing asked Witness Saenz to describe City exhibit Item #1 and asked "Do
all employees get a copy of this policy?" Witness Saenz replied "Yes."
Assistant City Attorney Marcie Downing asked Witness Saenz "Is compliance of this policy a condition of
employment and did Mr. Kevin Spain receive a copy of this policy?" Witness Saenz responded "Yes, and his
�r signed acknowledgement of receiving this policy is City exhibit#2."
Assistant City Attorney Marcie Downing asked Witness Saenz to review City exhibit Item #Sand describe what
the exhibit was. Witness Saenz responded that it is an investigation in which she conducted regarding conduct
by Mr. Spain.
Assistant City Attorney Marcie Downing asked Witness Saenz "And what were the results of that
investigation?" Witness Saenz responded "Altogether there were eight allegations of insubordination, all but
one were confirmed." "Regarding the AWOL issue, there were two findings, one was confirmed, and one was
not."
City Attorney Marcie Downing asked Witness Saenz "Had Mr. Spain received prior discipline?" Witness
Saenz replied, "Yes, he did."
City Attorney Marcie Downing asked Witness Saenz "Can you tell me what City exhibits #3 and #4 are?"
Witness Saenz responded, "Yes, exhibit #3 is the Contemplated Disciplinary Action Letter where the
Department Head contemplated a two day suspension for Mr. Spain's failure to follow the proper procedure for
clocking into the KRONOS Tele-Time System." "Exhibit #4 is Library's decision on what discipline Mr. Spain
would receive for his failure to follow the proper procedure for clocking into the KRONOS Tele-Time System."
City Attorney Marcie Downing concluded her questioning of Witness Saenz and passed the witness.
Chairperson Bonilla asked Mr. Spain if he had any questions of this witness. Mr. Spain responded "Not at this
time."
Assistant City Attorney Marcie Downing called Sylvia Sanchez as the City's next witness.
Assistant City Attorney Marcie Downing asked Witness Sanchez"Do you know Mr. Spain?" Witness Sanchez
replied, "Yes." "And how do you know him?" Witness Sanchez responded "Kevin has been with the City for
about two years as a part-time Custodian at the MacDonald Library, formerly Greenwood Library."
Assistant City Attorney Marcie Downing asked Witness Sanchez"Can you tell me on November 10, 2012 what
event was happening?" Witness Sanchez responded "The library was preparing for a dedication event in which
the public and the MacDonald family would be present as library was renamed from the Greenwood Library to
the MacDonald Library."
Assistant City Attorney Marcie Downing asked Witness Sanchez "What did you observe that day in regard to
Mr. Spain?" Witness Sanchez responded, "Mr. Canales pulled me aside and asked me to get a Custodian to
clean the front entry area of the library as it was dirty." "I asked Laura Garcia to get Mr. Spain to clean the area
Mr. Canales had identified as needing to be cleaned." "Twenty minutes later, Mr. Canales again asked about
getting the area cleaned, so I asked Laura to find out where Kevin was so he could get that area cleaned since
this was the second time Assistant City Manager Canales mentioned the need for the area to be cleaned." "Mr.
Spain was found on the outside of the building on the opposite side of where we need the area to be cleaned.""I
showed Mr. Spain where Mr. Canales wanted the area to be cleaned which was outside the library entryway."
"Kevin said something like"No,No,No, and proceeded to walk away from me and into the library where Laura
was." "I asked for the trash can and grabber and Kevin ignored me or he didn't hear me, so I took the trash can
and grabber from him so I could go clean the area to get it done before Mr. Canales asked about it again."
"After cleaning the area I left to go to the supply closet and noticed Kevin standing in the doorway of Laura's
office with his fists on his hip and he looked upset and it appeared Kevin had begun a confrontation with Laura
and Dorothea so I tried to get Laura's attention because I feared he was going to do something to Laura and
Dorothea and he was blocking their exit to get out of the office." "I asked Kevin to leave; I told him if he didn't
leave I was going to call someone to have him escorted off the property.""Kevin replied in a raised voice, "You
don't need to call anyone I am leaving." "He eventually left."
Assistant City Attorney Marcie Downing passed the witness.
Mr. Spain asked Witness Sanchez "Was the wind blowing pretty strong?" Witness Sanchez responds, "I don't
recall.""Where was the trash?" Witness Sanchez responds"Outside the front entry of the library."
Mr. Spain asked Witness Sanchez"When you took the trash can and grabber away from me, how do you do it?"
Witness Sanchez responded "1 tried getting your attention, but when you were standing front of Laura I said
Kevin can I have this, and you hesitated a moment, you didn't look at me, you kept looking at Laura, and then
you let go."
Mr. Spain asked Witness Sanchez "Was Laura present when you took the tools out of my hand?" Witness
Sanchez responded, "Yes."
Mr. Spain stated to Witness Sanchez"You said you felt afraid that I was going to act violent towards Laura and
Dorothea, where were you at that time?" Witness Sanchez responded, "I was in the staff room right next to
where you were standing by the door."
Mr. Spain asked Witness Sanchez"Would Laura back you up that she saw you take the tools form me?"
Assistant City Attorney Marcie Downing objected speculation; witness could not speculate what Laura Garcia
would say.
Mr. Spain asked Witness Sanchez "Did I hesitate to give them too you, did you yank them out of my hand?"
Witness Sanchez responded, "1 tried getting your attention but you ignored me when I repeatedly asked you if I
could have this,you finally let go."
Mr. Spain asked Witness Sanchez"Do you recall having a conversation with me about the vacuum cleaner?"
Witness Sanchez replied "No."
Mr. Spain asked Witness Sanchez"When I was talking to Laura and Dorothea where was I standing?" Witness
Sanchez replied, "Standing in Dorothea's office doorway, you weren't just standing you were arguing and being
disrespectful to the Director.""That's when I told you that you were going to have to leave." "You were angry."
"I was fearful for them thinking you were going to do something to them by the way you were arguing, standing
in the doorway with your hands on your hip." I was thinking this guy's angry, he means business, and how
can get him out her."
Mr. Spain asked Witness Sanchez "Did you witness that whole conversation or do you know what part of the
conversation you came in on?" Witness Sanchez replied, "No, I was outside picking up trash during some of
the conversation."
Mr. Spain asked Witness Sanchez "Did you say anything to me when we were in the back room." Witness
Sanchez replied, "I don't recall."
Mr. Spain passed the witness.
Assistant City Attorney Marcie Downing asked Witness Sanchez "You said you were focusing on his body
kiw language is that correct?" "Did you feel the ladies were eminent danger?" Witness Sanchez responded, "1 really
feared what was going to happen, that office is so small, and those ladies were in that enclosed area and him
standing in front of the only exit they had."
Assistant City Attorney Marcie Downing asked Witness Sanchez "You said you had never seen him like that
before is that one thing that raised your awareness?" Witness Sanchez replied "Yes."
Assistant City Attorney Marcie Downing stated she had nothing further for the witness.
Assistant City Attorney Marcie Downing calls the next City witness, Laura Garcia.
Assistant City Attorney Marcie Downing asked Witness Garcia if she was Custodian of Records for the library.
Witness Garcia replied "Yes." "As Custodian of Records for the library I am going to give you two exhibits,
exhibits 96 and #7."
Assistant City Attorney Marcie Downing asked Witness Garcia "Are you familiar with these documents?"
Witness Garcia responded "Yes. Six is the Contemplated Disciplinary Action Letter and seven is the
Termination Letter."
Assistant City Attorney Marcie Downing stated she would like to offer these documents.
Chairperson Bonilla asked Mr. Spain in he had any objections to these documents. Mr. Spain
did not have any objections.
Assistant City Attorney Marcie Downing asked Witness Garcia "Was Mr. Spain scheduled to work that day?"
Witness Garcia replied "Yes."
Assistant City Attorney Marcie Downing asked Witness Garcia"Call me the importance of that day?" Witness
Garcia responded "We expecting a large crowd that day, we had scheduled events throughout the day, therefore
we wanted to make sure we had custodial service all day."
Assistant City Attorney Marcie Downing asked Witness Garcia "What were Mr. Spain's job duties that day?"
Witness Garcia responded, "His regular custodial duties, cleaning the bathrooms, cleaning the floors, picking up
trash and anything else to help get ready for that day."
Assistant City Attorney Marcie Downing asked Witness Garcia "Can you describe what that day was like?"
Witness Garcia responded, "Very hectic, a lot of people coming in, getting ready for the programs that were
going to take place."
Assistant City Attorney Marcie Downing asked Witness Garcia"Were there activities scheduled for outside that
day?" Witness Garcia responded, "Yes, we had, and it was windy that day, so everything had to be moved
indoors."
Assistant City Attorney Marcie Downing asked Witness Garcia "Did you give Mr. Spain specific instructions
that day?" Witness Garcia responded, "When Sylvia came to me and told me that Assistant City Manager Mr.
Canales came to her about the front area I went looking for Kevin and he was cleaning the restrooms, so 1 asked
him if he was almost finished and he said he almost was." "1 told him I need to show you something that needs
to be done." "I took him to the front foyer and pointed other areas Mr. Canales pointed out, including the areas
surrounding the library."
Assistant City Attorney Marcie Downing asked Witness Garcia "When did it come to your attention that it
hadn't been done?" Witness Garcia responded, "Uh, I don't know approximately about twenty minutes later."
"Sylvia said something to me about when is he going to come out so I went back into the building looking for
him and I found him in the staff area in the back, I informed him it still hasn't been done, Mr. Canales is asking
about it I need you to go out and clean the outside and take care of it." "Kevin said "okay". " I found out later it
still had not been done."
Assistant City Attorney Marcie Downing asked Witness Garcia"So when you realized it still had not been done
what did you do? Witness Garcia responded, "I went to the side of the Senior Center, then the Greenwood side
of the library, then the Horne side, I didn't find him there, so I proceed to go back into the library." "I didn't
find him there."
Assistant City Attorney Marcie Downing asked Witness Garcia "Then what happened?" Witness Garcia
responded, "I saw Sylvia and Kevin walking in the building towards me."
Assistant City Attorney Marcie Downing asked Witness Garcia "Then what happened after that?" Witness
Garcia responded, "Kevin had the trash can and grabber in his hands, and Sylvia was saying, Kevin, Kevin give
it to me or something like that and he was looking at me." "He then released it." "He then came up to me and
said "We need to talk" "so I told him okay let's go to Dorothy's office." "We went into her office, the
impression I got was that he thought I was asking him to come back into the building.""He proceeded to tell me
why he was cleaning the back area first." "I told him I had instructed him to clean the front are because that is
what Mr. Canales wanted done." "He went back in forth on that topic and then told me to stop talking and to be
quite and he would explain why he was cleaning the back area.""1 then gave him the opportunity to explain."
"The conversation began to deteriorate." "1 explained to him that my instruction to him was to clean the front
regardless of why he was cleaning the back first." "When I realized the conversation was going nowhere, I told
him the conversation was over." "He stormed out the door" "So I went looking for Dorothy to tell her it
appeared to her that Kevin was going to leave and if he told her he was leaving she needed to tell him we need
him to stay." "At some point they went into Dorothy's office." "1 went into Dorothy's office to find out what
happened and she said he said he was leaving.""I asked her did she tell him not to leave, and she said she didn't
get the opportunity to." "1 turned around and he was standing in front of the break room and I told him I needed
him to stay."
Assistant City Attorney Marcie Downing asked Witness Garcia "Did he stay at that point?" Witness Garcia
responded,"He walked back into Dorothy's office, stood in the doorway."
Assistant City Attorney Marcie Downing asked Witness Garcia"What was his demeanor at this time?" Witness
Garcia responded, "He was angry, being rude, he was clearly upset, he was questioning me, he asked if I wanted
him to clock back in." I told him I want him to stay and work." "Sylvia walked up about that time and entered
the conversation." "1 was trying to focus on him but at some point I told him to go ahead and leave because the
conversation was going nowhere and his voice was escalating.""He left."
Assistant City Attorney Marcie Downing asked Witness Garcia "After this incident did you reassign him to
another library and why?" Witness Garcia responded because he was angry at that time and now Dorothy was
involved, I was concerned about the safety of the staff."
Assistant City Attorney Marcie Downing asked Witness Garcia "Who notified him he was being reassigned to
the Central Library?""On that Monday Dorothy called him in and told him he was to report to Central, he came
in that afternoon and told Debra Reed he was going to HR to make a complaint." "I understand HR told him he
needed to report to Central for work."
Assistant City Attorney Marcie Downing asked Witness Garcia "Did he report to work that day?" Witness
Garcia responded, "No, he did not." "Did he have permission to be off that day?" Assistant City Attorney
Marcie Downing asked Witness Garcia. "Not to my knowledge" responded Witness Garcia.
Assistant City Attorney Marcie Downing asked Witness Garcia "Did he report the next day, Tuesday?"
Witness Garcia responded,"No he did not."
Assistant City Attorney Marcie Downing asked Witness Garcia to read the first page of exhibit #l, H.R. Policy
3.o Employment, the section absence without leave. Witness Garcia reads the section as requested.
Assistant City Attorney Marcie Downing asked Witness Garcia"So on that Monday and Tuesday that he didn't
report to work, would you consider him absent without leave?" Witness Garcia responded,"Yes."
Assistant City Attorney Marcie Downing asked Witness Garcia"On page two will read the first two paragraphs
about attendance." Witness Garcia read the first two paragraphs as requested."
Assistant City Attorney Marcie Downing asked Witness Garcia "As Interim Director of the Library, do you
enforce these policies?" Witness Garcia responded "Yes." "In your opinion was he in violation of both of these
policies?"Assistant Attorney Marcie Downing asked Witness Garcia. Witness Garcia responded "Yes."
Assistant City Attorney Marcie Downing asked Witness Garcia "Could you please look at exhibit #6, did you
issue this letter and why?" Witness Garcia responded, "Yes, I did. I felt his actions had been inappropriate and
he had violated the Rules of the Civil Service Board."
Assistant City Attorney Marcie Downing asked Witness Garcia"Did he respond to this letter?" Witness Garcia
responded, "Yes he did verbally."
Assistant City Attorney Marcie Downing asked Witness Garcia "Did he tell you about any mitigating
circumstances?" Witness Garcia responded,"He did not make any statements that he had not already stated."
Assistant City Attorney Marcie Downing asked Witness Garcia to look at exhibit #7 and tell her what this is.
Witness Garcia responded,"It's a Termination Letter"
Assistant City Attorney Marcie Downing asked Witness Garcia "Did you issue this and did you feel it was
necessary to issue this in this situation?" Witness Garcia responded, "I felt he had violated these policies."
Assistant City Attorney Marcie Downing passed the witness.
Mr. Spain asked Witness Garcia "When you were instructing me where to clean, did you take me outside and
show me?" Witness Garcia responded, "I gave you specific instructions on where to clean, I pointed out the
areas out front."
Mr. Spain asked Witness Garcia "Did I talk to you about how the wind was blowing?" "Yes, in one of the
conversations."
Mr. Spain asked Witness Garcia "Did you see how Sylvia took the trash can out of hands, how did she do it?"
Witness Garcia responded,"You dropped it, I don't know how to further explain it."
Mr. Spain asked Witness Garcia to read the second paragraph of City exhibit #6. Witness Garcia read the
second paragraph of exhibit#6 as requested.
Mr. Spain asked Witness Garcia "Did you say anything else?" Witness Garcia responded, "No, you took off
your gloves and storm off into the public area."
Mr. Spain stated he had no further questions at this time; he may have more for this witness later.
Chairperson Bonilla announced a short break at 10:17 a.m.
Chairperson Bonilla called hearing back into session at 10:34 a.m.
Assistant City Attorney Marcie Downing announces the City rests, but would like to reserve the right to call
rebuttal witnesses.
Chairperson Bonilla informs Mr. Spain it is now his turn to call his witnesses.
Mr. Spain announces he would like to call Mia Sanchez.
Mr. Spain asked Witness Mia Sanchez "Did Laura ask you to see if you could find me and approximately what
time was that?" Witness Mia Sanchez responded, "Yes, I don't know exactly what time."
Mr. Spain asked Witness Mia Sanchez "How long did it take for you to find me and what was I doing?"
Witness Mia Sanchez responded, "Not long, I looked out the back door and you were right there talking to
someone."
Mr. Spain asked Witness Mia Sanchez "Did I have anything in my hand by chance?" Witness Mia Sanchez
responded, "You had a trash can in your hand."
Mr. Spain passed the witness.
Assistant City Attorney Marcie Downing had no questions for this witness.
Chairperson Bonilla asked the witness to remain out in the lobby in the event she was needed again.
Mr. Spain called his next witness, Dorothea Castanon.
Mr. Spain asked Witness Castanon "Did I ever come to talk to you in your office about November and do you
recall what that conversation was about?" Witness Castanon responded, "You had just spoken to Laura and you
said you had just clocked out and you said something like you were upset and that you couldn't take this
anymore something to that affect."
Mr. Spain asked Witness Castanon "Did I tell you that Laura and Sylvia were being rude and I didn't know how
to handle the situation so I thought I would just leave?" Witness Castanon responded, "You said you just
couldn't handle it and you were just going to leave,"
Mr. Spain asked Witness Castanon "Did I apologize for having to leave on such an important day for the
library?" Witness Castanon responded, I don't recall." "1 don't remember you apologizing."
Mr. Spain asked Witness Castanon "Did 1 tell you I was going to go talk to Human Resources?" Witness
Castanon responded, "I don't think so." "1 know I was surprised Monday morning when you told me that you
went to Human Resources, so that's why I believe you didn't tell me."
Mr. Spain asked Witness Castanon "About a month prior to this did I come to you and tell you how 1 felt I was
being treated by Laura?" Witness Castanon responded"Yes you did."
Assistant City Attorney Marcie Downing objects to the relevancy because this was prior to the incident and
what happened that day."
Chairperson Bonilla announces she will allow it, she believes Mr. Spain is trying to explain his relationship
history with the other employees.
Mr. Spain asked Witness Castanon "What was your recommendation that day; I needed to go to the
administration, Human Resources?" Witness Castanon responded, "I told you that you need to do what
administration told you to do." "You asked at that point what options you had." "I told you to follow the
policies."
Mr. Spain asked Witness Castanon "My demeanor when I was talking to you and Laura in your office that day
did it seem odd the way I was acting out of character for me?" Witness Castanon responded, "You were very
upset, I was trying to get you to come into my office because you were talking loudly and I didn't want the
outside contractor to hear you."
Mr. Spain asked Witness Castanon to review City Exhibit#5.
Mr. Spain asked Witness Castanon, "Does it say in exhibit #5, that I returned uniforms and received
compensation for it, do you feel I received anything more that the exchange of the pants?"
Assistant City Attorney Marcie Downing objects that the issue of exchanging his uniform pants is not relevant
to his termination.
Chairperson Bonilla states the Fact Finding reports states you didn't receive any compensation for the
exchange, it was not confirmed.
Mr. Spain states, "If it wasn't founded, what was the reason it was added to the termination."
Chairperson reminded Mr. Spain he had to form his question to his witness.
Mr. Spain asked Witness Castanon "Is there a City policy or library policy on returning or exchanging
uniforms?""Witness Castanon responds, "I am not aware of any policy regarding the exchange of uniforms, we
have our Business Manager handle that.""I would think there was a procedure, but I am not aware of it."
"All purchases go through the Business Manager Debbie Read, I am not aware of any written procedure."
Mr. Spain passed the witness.
Assistant City Attorney Marcie Downing asked Witness Castanon "On the day of the event after Mr. Spain
clocked out did he talk to you about being angry, what was his demeanor?" Witness Castanon responded, "Ile
was clearly upset, being loud, it seemed as if a confrontation was occurring."
Mr. Spain asked Witness Castanon "When I was talking to you, Laura and Sylvia, where was I standing?"
Witness Castanon responded, "Everyone was at the doorway."
Assistant City Attorney Marcie Downing and Mr. Spain had no further questions for this witness.
Chairperson Bonilla asked the witness to have a seat out in the lobby in the event she will be called again for
testimony.
Mr. Spain called is next witness Debbie Read.
Mr. Spain asked Witness Read "Is there a City or library policy for exchanging uniforms?" Witness Read
responded, "There is not a written policy, the procedure is that it goes through me." "I order all the uniforms,
inspect them, then I deliver them to the Custodians, if there are any problems with them they let me know so I
can make any exchanges."
Mr. Spain asked Witness Read to review City Exhibit#5.
Mr. Spain asked Witness Read "On the uniforms is it policy that permission is needed to exchange pants and
why is that?" Witness Read responded, "Yes, because as the Business Manager I am responsible to ensure we
are billed accurately."
Mr. Spain asked Witness Read "When were you informed I exchanged the pants?" Witness Read responded, "I
did not know it until I received the statement saying we owed an additional forty-five dollars for the pants."
Mr. Spain asked Witness Read "Was there a credit for the pants?" Witness Read responded, "No."
Mr. Spain asked Witness Read "How should I have handled the exchange of the pants?" Witness Read
responded,"You should have talked to me about returning the pants instead of doing it on your own."
Mr. Spain asked Witness Read, "Why was that a problem that I exchanged the pants on my own and not go
through you?" Witness Read responded, "It was about being billed for pants I had already paid for. "When you
took them back, I don't know where that credit went because we didn't receive a credit on our statement for the
pants you returned and therefore I was being billed for another pair of pants." "The problem was I was being
asked to pay for another pair of pants that I had already paid for."
Mr. Spain asked Witness Read "Did I tell you about issues I was having with Sylvia and Laura and at the
MacDonald library on November IOth?" Witness Read responded, "Yes."
Mr. Spain asked Witness Read,"Do you recall what I said?" Witness Read responded "No."
Mr. Spain asked Witness Read, "Did I tell you I talked to Human Resources because I was uncomfortable about
what happened on November 10'1'9" Witness Read responded "Yes."
Mr. Spain asked Witness Read "Did I tell you Sylvia was being violent to me?" Witness Read responded,
"Yes."
Mr. Spain asked Witness Read "When reports to you or tells you that they feel uncomfortable about a situation
that happened what should you do?" Witness Read responded, "If it's something I can't handle, I should get
Human Resources involved."
Mr. Spain asked Witness Read "Did I tell you what I was doing on Monday?" Witness Read replied "Yes you
told me you went to HR."
Mr. Spain asked Witness Read "What is the City's policy on workplace violence?"
�w Assistant City Attorney Marcie Downing objects citing the witness is qualified to answer that question.
Assistant City Attorney Marcie Downing withdraws the objection.
Mr. Spain repeats his question. Witness Read responds, "I believe you should report it to your supervisor, if it
cannot be resolved there, then you follow the chain of command and if it can't be resolved at that point, contact
HR."
Mr. Spain passed the witness.
Assistant City Attorney Marcie Downing asked Witness Read "Is it true when Mr. Spain reported on Monday
he did not report to work on time, he came in later that afternoon? Witness Read replied,"Yes."
"Did you instruct him that he needed to work that day?" Witness Read responded, "I told him he needed to be
working, and he kept telling me he didn't feel comfortable, he felt threatened and it wasn't a safe environment
for him.""So I asked him if he wasn't going to work?" "He responded he couldn't work here."
Assistant City Attorney Marcie Downing asked Witness Read "So did you inform him he needed to come in the
next day? Witness Read responded, "I told him what his schedule was, and what he would be doing at the
Central Library, he was to report at 7 a.m. and I asked him if he had a problem coming in at 7a.m and he
responded "No."
Assistant City Attorney Marcie Downing asked Witness Read "Did he come in at 7 a.m. the next day?" Witness
Read responded, "No. "Did he come in the next day?" Assistant City Attorney Marcie Downing asked Witness
Read. Witness Read responded "Yes."
Assistant City Attorney Marcie Downing announced she had no further questions for the witness at this time.
Chairperson Bonilla asked Witness Read when employees are issued their uniforms are they advised of
procedures to return uniforms. Witness Read responded, "I don't specifically talk to them because it usually
goes through their supervisor." "Over the last eighteen years all I can say is they have always come back to
me." "The custodians have always come to me with any issues they have had with their uniforms, and I have
handled the situation."
Civil Service Member Catherine Lutz asked Witness Read "If you got a copy of the exchanged invoice, why
wouldn't you just follow up with the company?" Witness Read responded, "I did." "But I continued to be
billed for the pants." "I asked the vendor if they could tell me where the credit was and they told me they had
gone through a few software changes and they could not verify that information."
Civil Service Member Catherine Lutz asked Witness Read "If employees are not given a handout on the
procedure to exchange uniforms, how would they know what the procedure was?" Witness Read responded, "1
guess they should ask their supervisor and I think the supervisor would tell them they needed to come to me."
Chairperson Bonilla asked Witness Read "As far as the day after the November 10`x', is going to HR an excuse
for missing work? "Was he cleared for that day?" Witness Read responded, "He did not call before not
reporting to work, I didn't speak to him until after 1:00, 1 had call him and left him a message to call me." "He
hadn't reported he wasn't coming in.""And he was told to there at 7."
Mr. Spain asked Witness Read, "So you said I was to report at 7a m, was that for Monday the 12th or
Tuesday?" Witness Read responded, "Tuesday."
Civil Service Member Catherine Lutz asked Witness Read "If you work on Saturday then was he supposed to
report to work on Monday?" Witness Read responded, "I don't know what his schedule was on Monday, 1 was
told Monday he was supposed to come to report to my location and start to work therefore his normal schedule
would have been to start work at 7."
Both Assistant City Attorney Marcie Downing and Mr. Spain announced they had no further questions for this
witness.
Chairperson prompted Mr. Spain to call his next witness and reminded him he could call himself.
Mr. Spain called his next witness, Sylvia Sanchez.
Chairperson Bonilla announced a small break at 11:23 a.m.
Chairperson Bonilla announced we were back on record at 11:28 a.m.
Mr. Spain asked Witness Sylvia Sanchez "Do you recall our conversation on Saturday morning?" Witness
Sylvia Sanchez responded, "We weren't having a conversation, I was trying to tell you where the trash was that
needed to be picked up"
Mr. Spain asked Witness Sylvia Sanchez"Did you take the trash can out of my hand?" Witness Sylvia Sanchez
responded, "I was asking you for the trash can and the grabber."
Mr. Spain asked Witness Sylvia Sanchez "How many conversations did we have that day?" Witness Sylvia
Sanchez responded, "We didn't have a conversation, I was trying to get your attention, not having a
conversation." "The direction I was given by Mr. Canales, I gave to Laura." "1 guess when I told you to leave
the building then I was actually talking to you, but I don't consider that a conversation."
Mr. Spain asked Witness Sylvia Sanchez "Do remember seeing me in the foyer with the vacuum cleaner?"
Witness Sylvia Sanchez responded,"I don't recall seeing you with the vacuum cleaner in the foyer."
Mr. Spain asked Witness Sylvia Sanchez to review City Exhibit#5 and review his statement.
Mr. Spain asked Witness Sylvia Sanchez"When did you see me being disrespectful?" Witness Sylvia Sanchez
responded, "When you were standing in the doorway, I saw how angry you were, I feared for Dorothea and
Laura." "There was back and forth wording, I can't recall exactly what the wording was, but you were being
disrespectful, raising your voice and being confrontational with Laura." "As an adult there is no reason to speak
to your supervisor in that manner."
Witness Sylvia Sanchez got up and demonstrated on the dry erase board the location in which the confrontation
occurred and how Kevin was blocking Laura and Dorothea in the office.
Witness Sylvia Sanchez stated she feared for Laura and Dorothea because he was blocking their exit and all she
could think to do is ask Kevin to leave. You kept raising your voice and wouldn't allow Laura to talk."
Mr. Spain asked Witness Sylvia Sanchez"How many times did you ask me to leave?" Witness Sylvia Sanchez
responded, "It was a couple of times.""But you weren't leaving when I asked you to.""You were putting me in
a scaring position."
Mr. Spain asked Witness Sylvia Sanchez "Did anyone else ask me to leave?" Witness Sylvia Sanchez
responded,"I don't know, maybe Laura?"
,, Mr. Spain asked Witness Sylvia Sanchez to review City Exhibit#5, question 48.
Mr. Spain asked Witness Sylvia Sanchez "Did you try to lead me out to where the trash was?" Witness Sylvia
Sanchez responded, "I didn't try to lead you around, I was trying to tell you this was the area." "You looked at
the area and something like"No,No and went back inside."
Mr. Spain stated "This is what I wrote in my statement."
Chairperson Bonilla asked Mr. Spain to state his question to the witness.
Mr. Spain asked Witness Sylvia Sanchez"Why is my statement different from yours?"
Assistant City Attorney Marcie Downing objects to the question.
Chairperson Bonilla tells Mr. Spain when you testify you can answer that.
Mr. Spain passed the witness.
Assistant City Attorney Marcie Downing stated she had no further questions for this witness.
Mr. Spain recalls witness Laura Garcia.
Mr. Spain asked Witness Garcia "What is the policy on hostile work environment?" "Witness Garcia
responded, it should be reported to me.""Had you reported it to me I would have listened to you."
Mr. Spain asked Witness Garcia "And if I am unable to report it to you, what do I do?" Witness Garcia
responded,"You contact HR."
Mr. Spain asked Witness Garcia "How many times did I try to tell you what I was doing outside?" Witness
Garcia responded, "You kept repeating why you were cleaning the back and no the front." "But we needed you
to clean the front regardless of why you were cleaning the back that is what you were instructed to do."
Mr. Spain asked Witness Garcia "Is this the same conversation when I asked you to stop talking?" Witness
Garcia responded,"Yes."
Mr. Spain refers to City Exhibit#5, Findings, and asked Witness Garcia"What was I directed to do?" Witness
Garcia responded,"You were told to clean the front outside"
Mr. Spain asked Witness Garcia "Did I not tell you in a conversation earlier that day that I had already cleaned
the front that morning." Witness Garcia responded "You did mention that." "However the instructions given to
you from me was to clean the front.""I explain my directive that came from Mr. Canales."
Mr. Spain asked Witness Garcia "When we were in the back room, how was I being aggressive towards you?"
Witness Garcia responded, "You were yelling at me, you kept interrupting me, you told me to quit talking."
"Because you kept repeating yourself over and over why you were cleaning the back, I stated this conversation
was over.""You stormed off."
Mr. Spain asked Witness Garcia "Did you consider me aggressive towards you?" Witness Garcia responded,
"Yes, 1 did."
Chairperson Bonilla reminded Mr. Spain he's already asked the witness this question and she has already
responded with an answer.
Mr. Spain announces he has no further questions for this witness.
Mr. Spain provided his personal testimony by reading through his statements in City Exhibit#5.
Assistant City Attorney Marcie Downing made the City's rebuttal statement.
Mr. Spain made his final statement.
Chairperson Bonilla announced they were going into closed session at 1:13 p.m.
Chairperson Bonilla announced at 1:22 p.m. they were resuming the 557t" Civil Service Board Hearing,
considering the appeal filed by Kevin Spain, Custodial Worker with the Library Department.
Chairperson Bonilla asked if there was a motion.
Civil Service Board Member Catherine Lutz made a motion to uphold the termination.
Chairperson Bonilla asked for a second on the decision, Board Member Saenz seconded.
All members agreed and the decision was approved.
Chairperson Bonilla adjourned the hearing at 1:22 p.m.
,,. Susanne Bonilla, Chairperson Hector Saenz, Member
Civil Service Bo Civil Service Board
Catherin tz, em r qP B. Chapman, Secretary
Civil Service Board vice B oard