HomeMy WebLinkAboutMinutes Civil Service Board - 08/22/2013 MINUTES
558« CIVIL SERVICE BOARD HEARING
1201 LEOPARD ST.,CITY HALL
HUMAN RESOURCES CONFERENCE ROOM
August 22,2013
BOARD MEMBERS PRESENT: CITY STAFF PRESENT:
Susanne Bonilla, Chairperson Yasmine B. Chapman, Director of H.R.
Catherine Lutz, Member Marcie Downing, City Attorney
Leslie Vlisides, Member Sherri Eldridge, H.R. Analyst
Chairperson Bonilla called the 558t"Civil Service Board hearing to order at 9:13 a.m.
ITEM #I Review and approve the minutes of the 556t" and 557t" Civil Service
Board hearings held on November 8, 2012 and February 6, 2013.
ITEM #2 Review and consider the appeal filed by Patrick Gonzales, City Deputy
Marshal with the Municipal Court, for his termination.
Chairperson Bonilla read agenda item #1 and Item #2.
All witnesses present took the oath administered by Chairperson Bonilla.
Board Member Lutz made a motion to approve the minutes and the motion was seconded. The minutes were
approved for the 556°i and 557'x'Civil Service Board Hearings.
Chairperson Bonilla read Item #2.
Marcie Downing, Assistant City Attorney asked the board for a pre-trial hearing regarding some of the
witnesses in the room.
Celeste Cory, Legal Counsel for Patrick Gonzales stated "This is an open meeting the observers in the room are
not witnesses and should be able to stay and observe the meeting."
Marcie Downing, Assistant City Attorney asked the board for a pre-trial hearing regarding some of the
witnesses that are to testify on behalf of Patrick Gonzales. Ms. Downing stated that some of the witness called
to testify on Patrick Gonzales behalf had nothing to do with his termination, or investigation and therefore based
on the Civil Service Board Rules and Regulations Section 4, Conduct of Hearings, #3 Testimony Shall Be
Pertinent. Marcie Downing, Assistant City Attorney argued that because these witnesses do not have relevant
information regarding Patrick Gonzales' termination or investigation that their testimony not be accepted.
Celeste Cory introduced herself and identified herself as Legal Counsel for Patrick Gonzales. Ms. Cory
addressed the board stating that she believes all the witnesses they will be calling have relevant information in
this case and that the board will follow the rules in which to determine at the time of testimony if a witnesses
testimony is irrelevant or immaterial,the board will rule at that time.
Chairperson Bonilla agreed that witness testimony will need to be heard before ruled irrelevant.
Assistant City Attorney Marcie Downing objects to the observers in the room. Specifically Nora Rodriguez,
former City employee who has a current lawsuit pending against the City.
Celeste Cory, Legal Counsel for Patrick Gonzales again stated "This is an open meeting, anyone is welcomed,
and this cannot be a closed meeting."
Assistant City Attorney Marcie Downing made her opening statement.
Celeste Cory, Legal Counsel for Patrick Gonzales made her 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 21.0, Workplace Violence Prevention
#2: Patrick Gonzales' signed City Policy HR 21.0 Acknowledgement.
#3: Transcript excerpts of Patrick Gonzales' Human Resources Investigation conducted by Jennifer Knox-
Walker.
44: Fact-Finding Report completed by Human Resources Administrator, Jennifer Knox-Walker on March
6, 2013.
#5: Contemplated Disciplinary Action Letter to Patrick Gonzales from Kimberly Jozwiak dated March 8,
2013.
46: Civil Service Board Letter dated March 14, 2013 regarding Patrick Gonzales' termination.
#7: Priscilla Chapa's AT&T monthly cell phone statement for January 28, 2013 through February 27, 2013.
#8: Screen shot of text message from Patrick Gonzales' to Priscilla Chapa.
#9: Laura Garza's cell phone log.
Assistant City Attorney Marcie Downing asked Witness Corina Saenz if she was the custodian of these records
and to describe City Exhibits#1,#2, #3,and #4.
Chairperson Bonilla asked Ms. Cory if she had any objections to City Exhibits#1 through #4 being entered into
evidence. Ms. Cory stated she had objection to Exhibit #3 because the transcript should be admitted in its
entirety which is over 300 pages not the excerpts selected by City that will benefit them.
Chairperson Bonilla made a ruling for the purpose of the record that the whole transcript be admitted into
evidence.
Celeste Cory, Legal Counsel for Patrick Gonzales made an objection to Exhibit# 4 stating that the Fact-Finding
Report did not include the written statements and telephonic interviews referenced in the report and Ms. Cory
asked that those statements be added to Exhibit #4 because they were part of the exhibit. Assistant City
Attorney Marcie Downing had no objections and the statements were added to Exhibit#4.
Assistant City Attorney Marcie Downing passed the Witness.
Celeste Cory, Legal Counsel cross-examined Witness Saenz.
Celeste Cory, Legal Counsel asked Witness Saenz to read the findings listed in Exhibit #4 and Jennifer Knox-
Walker's recommendation. Ms. Cory asked Witness Saenz to read for the record Ms. Priscilla Chapa's
telephonic statement typed by Jennifer Knox-Walker.
Ms. Cory asked Witness Saenz to read the Memo from Carlos Valdez to Jennifer Knox-Walker.
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Ms. Cory asked Witness Saenz was it a policy that statements be recorded. Witness Saenz responded that
sometimes statements are recorded. Ms. Celeste Cory, Legal Counsel Cory asked Witness Saenz why Priscilla
Chapa's statement would not be recorded. Witness Saenz responded that in reading Jennifer Knox-Walkers
notes, Ms. Chapa asked Ms. Knox-Walker to not record the phone interview.
Ms. Cory asked Witness Saenz if she currently was investigation issues reported going on at Municipal Court.
Witness Saenz responded first, with a no, not recent, but then changed her answer elaborating that she currently
had two open fact finding investigations on two different Municipal Court employees which resigned prior to
the investigation being concluded.
Ms. Cory asked Witness Saenz how many people are facing or have been terminated from Municipal Court.
Witness Saenz responded that she didn't have the exact number, it would be on record, but she didn't have
those records with her.
Ms. Cory passed the Witness.
Assistant City Attorney Marcie Downing calls Ms. Kimberly Jozwiak as the City's next Witness.
Assistant City Attorney Marcie Downing asked Witness Jozwiak why Mr. Gonzales was terminated. Witness
Jozwiak responded Mr. Gonzales was terminated for violating City Policy for Workplace Violence.
Assistant City Attorney Marcie Downing asked Witness Jozwiak what Mr. Gonzales did to violate that policy.
Witness Jozwiak responded he made a threat against me, others and a judge through a text message.
Celeste Cory, Legal Counsel for Patrick Gonzales objected to the mention of the text message based on the text
message has never been proven to have come from Patrick Gonzales.
Assistant City Attorney Marcie Downing responded to the objection stating that she was establishing what Ms.
Jozwiak based her decision on to terminate Mr. Gonzales.
Chairperson Bonilla asked to Assistant City Attorney Marcie Downing to continue.
Assistant City Attorney Marcie Downing asked Witness Jozwiak who showed her the text message and when.
Witness Jozwiak responded she was shown the text message by another City Deputy Marshall on February 15'x'.
Assistant City Attorney Marcie Downing asked Witness Jozwiak, what her initial impression were of the
message. Witness Jozwiak responded, "Shock, I was scared, it was a threat."
Assistant City Attorney Marcie Downing asked Witness Jozwiak if she was familiar with the City's policy on
workplace violence and asked her to take a look at Exhibit #l, a copy of the policy for workplace violence.
Further was she responsible for enforcing that policy. Witness Jozwiak responded "Yes."
Assistant City Attorney Marcie Downing asked Witness Jozwiak to read the first paragraph, Roman numeral
three of the Workplace Violence Prevention Policy. Witness Jozwiak read the section requested. Assistant City
Attorney Marcie Downing then asked Witness Jozwiak to read Roman numeral four, paragraph three. Witness
Jozwiak read the section requested. Witness Jozwiak was asked did she believe this text message was a
violation of this policy. Witness responded "Absolutely."
Assistant City Attorney Marcie Downing asked Witness Jozwiak if she reported this to anyone. Witness
Jozwiak responded she had reported it to HR, Jennifer Knox-Walker and after that meeting I placed Patrick on
administrative leave with pay pending the conclusion of an investigation by HR. Also a threat assessment team
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was convened which included employees from Human Resources, Risk Management, Legal and the Police
Department.
Assistant City Attorney Marcie Downing asked Witness Jozwiak after the conclusion of the investigation and
the meeting of threat assessment team what she did. Witness Jozwiak responded she issued a Contemplated
Letter to Patrick Gonzales, contemplating termination.
Assistant City Attorney Marcie Downing asked Witness Jozwiak to refer to Exhibit #5, the Contemplated
Disciplinary Action Letter and why did she issue this. Witness Jozwiak responded based on the findings of the
HR investigation and that she had no reason not to believe the threat.
Assistant City Attorney Marcie Downing asked Witness Jozwiak if Mr. Gonzales responded to the
Contemplated Disciplinary Action Letter. Witness Jozwiak responded she met with Patrick Gonzales and at the
conclusion of that meeting is when she decided to follow through with Mr. Gonzales' termination because he
did not deny making the threat and it is a violation of City policy and in light of the current state of affairs of
our society I had to take it seriously.
Assistant City Attorney Marcie Downing asked Witness Jozwiak to review Exhibit #6; the CSB Termination
Letter issued to Mr. Gonzales and asked did she terminate Mr. Gonzales for anything other than what was stated
in this letter. Witness Jozwiak responded"No."
Assistant City Attorney Marcie Downing asked Witness Jozwiak was she and anyone else in her department
afraid of Mr. Gonzales. Witness Jozwiak responded "Yes."
Assistant City Attorney Marcie Downing concluded her questioning of Witness Jozwiak and passed the
Witness.
Celeste Cory, Legal Counsel for Patrick Gonzales began her cross examination of Witness Jozwiak.
Ms. Cory asked Witness Jozwiak to explain her education and background prior to her employment with the
City of Corpus Christi. Witness Jozwiak responded to Ms. Cory's request.
Ms. Cory asked Witness Jozwiak how she came to see the text message. Witness Jozwiak responded it was
shown to her at a party by Michael DeLaGarza from his cell phone on February 15`x'.
Celeste Cory, Legal Counsel for Patrick Gonzales asked to present Exhibit A into evidence which was the
Administrative Leave for Fact Finding Investigation Memo.
Chairperson Bonilla asked Assistant City Attorney Marcie Downing if she had any objections to this Exhibit
being entered into evidence.No objections were stated by Ms. Downing.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Jozwiak was the reason Mr. Gonzales was
being placed on administrative leave. Witness Jozwiak responded what was stated in Exhibit A, he had violated
a rule or regulation and was insubordinate.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Jozwiak during her interview with Jennifer
Knox-Walker did she ever state she didn't believe Patrick would do anything. Witness Jozwiak responded that
she wouldn't have any way of knowing if he would or wouldn't do anything.
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Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Jozwiak if she had supervised Peace Officers
and was she familiar with the rules regarding Peace Officers. Witness Jozwiak responded "Yes, she knew most
rules." Ms. Cory asked Witness Jozwiak if she knew it was illegal to give a Trainee a badge, a gun and a full
uniform. Assistant City Attorney Marcie Downing objects to the question, asking relevance.
Chairperson Bonilla allowed Ms. Cory to continue.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Jozwiak if she agreed it was illegal for a non-
Peace Officer to carry a badge, and a gun and where a full uniform. Witness Jozwiak agreed.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Jozwiak if she had any knowledge if Patrick
Gonzales had received any prior discipline. Witness Jozwiak replied she only knew what was in his
departmental file, not his HR. His departmental file discipline consisted of incident reports for such things like
tardiness and attendance.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Jozwiak what she based the issuance of the
Contemplated Disciplinary Action Letter on. Witness Jozwiak responded she based it on the HR investigation,
the fact that he never denied making the threat and that she had no reason not to believe the person reporting the
threat.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Jozwiak if she based her Contemplated
Disciplinary Action from only the HR Fact Finding Report and before she gave Patrick an opportunity to
respond to the allegations. Witness Jozwiak responded the Contemplated Letter was based on the Fact Finding
Report and the fact he didn't deny making the threat.
Chairperson Bonilla asked Witness Jozwiak did she ever interview Mr. Gonzales. Witness Jozwiak responded
"No."
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Jozwiak if she recalled Patrick Gonzales
offering to let CCPD drop his phone to validate if he sent the text message from his phone and the City declined
the offer. Witness Jozwiak responded she didn't know how the City responded to that offer.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Jozwiak if during the Contemplated Letter
meeting on March 12"', Patrick was still not giving the information of where the text message came from.
Witness Jozwiak responded"I don't know, I didn't advise him."
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Jozwiak to review Exhibit 46 Mr. Gonzales
Termination Letter, the reason given for his termination. Ms. Cory asked Witness Jozwiak to read the four
violations listed in the letter and explain how they applied to Mr. Gonzales. Witness Jozwiak complied with the
request and read and explained the violations in how it related the termination of Mr. Gonzales.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Jozwiak if she believed that text message was
a threat to her. Witness Jozwiak responded "Yes and to others." Ms. Cory asked Witness Jozwiak to read the
text message referring to the vulgar language. Witness Jozwiak read the text excerpt requested by Ms. Cory.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Jozwiak if it was true she has fired numerous
employees since she became Director of Municipal Court.
Assistant City Attorney Marcie Downing objected to the question based on relevance to Patrick's termination.
Ms. Downing argued that the number of and why these employees were terminated were not considered in Mr.
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Gonzales' termination, therefore irrelevant to Mr. Gonzales' termination the reason for this CSB Appeal
Hearing.
Celeste Cory, Legal Counsel for Patrick Gonzales stated the relevancy was because there are people that have
been with the department for years getting fired for no reason because they were at will. The relevancy is to
show the working conditions Mr. Gonzales was working under.
Chairperson Bonilla announced the objection is sustained.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Jozwiak if Patrick Gonzales was acting Lead
Deputy Marshal before he asked to take time off to attend the funerals of family members in January. Witness
Jozwiak responded Mr. Gonzales was placed on special assignment.
Ms. Cory asked Witness Jozwiak if it was true Mr. Gonzales was removed from this assignment on his first day
back from the funerals of his family and why that decision was made. Witness Jozwiak responded that yes he
was removed due to some internet usage Mr. Gonzales was doing at work. Ms. Cory asked Witness Jozwiak
what usage.
Assistant City Attorney Marcie Downing objected to the question based on relevance to Patrick's termination.
Again Ms. Downing expressed that this internet usage incident was not used in determining Mr. Gonzales'
termination. The incident was prior.
Chairperson Bonilla overruled Ms. Downing's objection.
Ms. Cory asked Witness Jozwiak if Mr. Gonzales continued to do some of the Lead Deputy duties even though
he had been removed from that assignment. Witness Jozwiak responded she believed Patrick continued to do
sorne reports.
Ms. Cory asked Witness Jozwiak if she was given any direction by the Assistant City Manager or City Manager
to come into Municipal Court and get rid of a lot of people. Witness Jozwiak responded "No." Ms. Cory asked
then the firings that have taken at Municipal Court have been your sole decision. Witness Jozwiak responded
"Yes."
Ms. Cory asked Witness Jozwiak if she knew Priscilla Chapa and that she had a relationship with Michael
DeLaGarza. Witness Jozwiak responded "No, and no I didn't know that." Ms. Cory asked Witness Jozwiak
was at the Unemployment hearing when she first heard about it. Witness Jozwiak responded she believed that
was when she first heard about it.
Ms. Cory asked Witness Jozwiak if she knows now that the text messages didn't come from Patrick Gonzales'
phone. Witness Jozwiak responded"No."
Ms. Cory asked Witness Jozwiak if Ms. Chapa's phone records that were attempted to be presented at the
Unemployment hearing, was that Patrick's phone number. Witness Jozwiak responded "Yes, it is a phone
number Patrick gave to Ms. Chapa personally so she could contact him."
Celeste Cory, Legal Counsel for Patrick Gonzales passed the Witness.
Assistant City Attorney Marcie Downing asked Witness Jozwiak if during the rebuttal meeting she had with
Patrick Gonzales he had ever denied sending the text message, or inquire how you got this information. Witness
Jozwiak responded "No."
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Assistant City Attorney Marcie Downing passed the Witness.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Jozwiak if she agreed terminating someone is
very serious, Witness Jozwiak responded,"Absolutely."
Celeste Cory, Legal Counsel for Patrick Gonzales stated she had nothing further for Witness Jozwiak.
Chairperson Bonilla announced at 10:48 a.m. a short break until 1 1:00.
Chairperson Bonilla announced at 11:05 a.m. back on the record.
Assistant City Attorney Marcie Downing calls Priscilla Chapa as the City's next witness.
Assistant City Attorney Marcie Downing asked Ms. Chapa how she is acquainted with Mr. Gonzales. Witness
Chapa responded she worked with Patrick at Municipal Court for about three years.
Assistant City Attorney Marcie Downing asked Ms. Chapa did she have a conversation with Mr. Gonzales on
February 14, 2013 a"d approximately how long did that conversation last. Witness Chapa responded "Yes, she
had sent out a text message to old friends for Valentine's Day and he responded to that message." Witness
Chapa further stated the conversation spanned over two days.
Assistant City Attorney Marcie Downing asked Ms. Chapa to look at Exhibit # 7 and did she recognize this
document and describe what the document was. Witness Chapa stated the document was her monthly cell phone
bill from AT&T. Ms. Downing also asked to admit another document Exhibit # 8, screen shots of the
conversation Ms. Chapa had with Patrick on February 15'x'
Assistant City Attorney Marcie Downing asked Ms. Chapa if the times of the screen shots match her AT&T
statement she provided. Witness Chapa stated"Yes."
Celeste Cory, Legal Counsel for Patrick Gonzales objected to any insinuation that these text messages came
from Patrick's cell phone since there has been no proof provided they came from his phone and that these text
messages can manipulated in many ways.
Assistant City Attorney Marcie Downing stated the screen shots were being entered to show the correlation of
the dates and times to Ms. Chapa's phone bill and from which phone numbers those messages derived.
Celeste Cory, Legal Counsel for Patrick Gonzales objected to the screen shots being entered into evidence.
Chairperson Bonilla allowed the screen shots to be entered into evidence.
Assistant City Attorney Marcie Downing asked Witness Chapa to read the screen shots and did she recognize
the phone number from which those messages came. Witness Chapa responded "Yes, the number is the number
I have for Patrick Gonzales." Ms. Downing asked Witness Chapa if this is the only phone number she had for
Mr. Gonzales, how she got this number and was she aware of any other phone number for him. Witness Chapa
responded that yes this was the only number she had for Patrick that she got it from him personally and no she
was not aware of any other phone numbers for Patrick,this is the only one she had for him.
Assistant City Attorney Marcie Downing asked Witness Chapa what she did with the messages. Witness Chapa
stated she took screen shots of the messages and sent them to Michael DeLaGarza concerned believing first that
the message might imply that Mike may get caught up in a lawsuit that was pending with the City and her
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second thought was that Patrick may possibly go to a supervisor to try and get Michael DeLaGarza demoted.
She sent the screen shots to Michael as a heads up.
Assistant City Attorney Marcie Downing asked Witness Chapa if she thought this message was a threat against
Michael. Witness Chapa responded "Yes,to his job."
Assistant City Attorney Marcie Downing asked Witness Chapa what kind of relationship she had with Michael
during this time and what her relationship was with him now. Witness Chapa responded they were friends and
had gone out on a few dates, now they are just friends.
Assistant City Attorney Marcie Downing asked Witness Chapa did she know he would forward these text
messages to Ms.Jozwiak. Witness Chapa responded she did not.
Assistant City Attorney Marcie Downing passed the Witness.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Chapa if she thought the text message was a
threat of violence. Witness Chapa responded "No."
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Chapa when she got this number from Patrick.
Witness Chapa responded she wasn't exactly sure but she ran into Patrick at the food court and they exchanged
phone numbers.
Celeste Cory, Legal Counsel for Patrick Gonzales concluded her cross examination of Witness Chapa.
Assistant City Attorney Marcie Downing called the City's next witness Patrick Gonzales.
Assistant City Attorney Marcie Downing asked Mr. Gonzales how many cell phones he has and their numbers.
Witness Gonzales responded five and gave the numbers for each of the five phones. Witness Gonzales
explained the phones were on a family plan in which members of his family use. Ms. Downing asked Mr.
Gonzales how many phones he used. Witness Gonzales responded "Just one."
Assistant City Attorney Marcie Downing asked Mr. Gonzales did he recognize the phone number 361-834-
8969. Witness Gonzales responded he eventually did, it belonged to a friend of his. Ms. Downing asked if he
had ever made a call or sent a text message from that from that phone. Witness Gonzales responded "No."
Assistant City Attorney Marcie Downing asked Mr. Gonzales did he give that phone number to Ms. Chapa as a
number to reach him. Witness Gonzales said he asked a friend if he could give Ms. Chapa his phone number as
means to reach him because he didn't give out his phone number to females. Ms. Chapa offered to represent
him in another matter for free and gave her that number as a way to reach him.
Assistant City Attorney Marcie Downing asked Mr. Gonzales asked Witness Gonzales if he had ever given out
that number to anyone else as his number. Witness Gonzales responded"No, I haven't."
Assistant City Attorney Marcie Downing passed the Witness.
Celeste Cory, Legal Counsel for Patrick Gonzales stated she didn't have questions at the moment for Patrick but
wanted to reserve him for later on her direct.
Assistant City Attorney Marcie Downing stated the City rested but also wished to reserve witnesses for rebuttal.
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Chairperson Bonilla swears in four new witnesses that were not sworn in previously.
Celeste Cory, Legal Counsel for Patrick Gonzales called Robert Jay Reining as her first witness.
Assistant City Attorney Marcie Downing objected to the witness being called that were not listed on the docket
and have no relevance what so ever with Mr. Gonzales' termination.
Celeste Cory, Legal Counsel for Patrick Gonzales argues that an exchange of witness lists is not required.
Assistant City Attorney Marcie Downing withdrew her objection stating she will make her objections as witness
testimony is given.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Mr. Reining to explain his education, his career
background and work experience at Municipal Court. Witness Reining responded as asked.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Mr. Reining if he served on the interview selection
board for his replacement as Director Municipal Court. Witness Reining responded he was, and that it took
three different recruiting periods before a replacement was selected.
Assistant City Attorney Marcie Downing objected to the questioning of Mr. Reining citing relevance to Mr.
Gonzales' termination.
Celeste Cory, Legal Counsel for Patrick Gonzales stated Mr. Reining was going to testify to Ms. Jozwiak's
qualifications.
Chairperson Bonilla overruled the objection.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Reining about the recruitment process to find
a Director Municipal Court. Witness Reining responded it took three cycles or three different times before a
selection was made due to various applicant issues.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Reining if Ms. Jozwiak was qualified for the
position. Witness Reining responded the board believed she was qualified based on equivalency of her
experience.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Reining asked if he stayed around to assist
Ms.Jozwiak with the transition into the position. Witness Reining stated he stayed about a week, but only spent
about three hours that week talking with Ms. Jozwiak as she was doing other things.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Reining if they discussed budget or discipline.
Witness Reining stated they did not have any discussion about that.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Reining to explain progressive discipline.
Witness Reining explained how he used progressive discipline.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Reining his opinion of Patrick Gonzales.
Witness Reining provided his opinion of Mr. Gonzales as hard working, worked long hours, and took on more
work than expected of him.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Reining while he was Interim Director of
Municipal Court how many people did he terminate. Witness Reining responded three or four people.
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Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Reining if he appointed Patrick Gonzales to
Lead Deputy Marshal. Witness Reining responded"Yes, he had."
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Reining if he was shocked to learn Monica
Lewis a long term Municipal Court employee had been terminated.
Assistant City Attorney Marcie Downing objected to the relevance of the questioning of how Witness Reining
felt about Ms. Lewis or any other employee because it has no relevance to the reason Mr. Gonzales was
terminated.
Celeste Cory, Legal Counsel for Patrick Gonzales passed the Witness.
Assistant City Attorney Marcie Downing stated she had no questions for this witness.
Celeste Cory, Legal Counsel for Patrick Gonzales called her next witness, Monica Lewis.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Lewis to describe her career background with
the City and to give insight into the working environment at Municipal Court before she was terminated.
Witness Lewis explained her position and career path at Municipal Court.
Assistant City Attorney Marcie Downing objected to Witness Lewis providing her personal insight to the
environment at Municipal Court citing Ms. Lewis was terminated before the incident involving Mr. Gonzales
occurred.
Chairperson Bonilla will allow Ms. Lewis to give testimony only to her insight of the working environment
while she was there and try to limit testimony to Mr. Gonzales' termination.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Lewis asked Witness Lewis did she report a
hostile work environment situation involving her to HR and did HR conduct an investigation into that. Witness
Lewis responded,"Yes."
Assistant City Attorney Marcie Downing objected again to the questioning of Witness Lewis' situations with
employees at Municipal Court citing there is no relevance to Mr. Gonzales' termination this has to do with her
personal lawsuit which is irrelevant to Mr. Gonzales termination. Ms. Downing pointed out the Civil Service
Board Rules only allows the subject matter pertaining to the appeal to be heard.
Chairperson Bonilla stated a ruling had already been made about former terminated employees and that the
focus needs to be on the termination of Mr. Gonzales.
Chairperson Bonilla asked Ms. Cory if she was alleging the relevancy of her testimony is that the people she
listed were all terminated. Chairperson Bonilla stated thus far there has been no allegation that he was
terminated because of her report of a hostile work environment and the focus needs to be on Mr. Gonzales
termination.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Lewis if she as working at Municipal Court
when Kimberly Jozwiak became the Director of Municipal Court and did she work with her on specific issues
like budget or employee issues. Witness Lewis responded, "Yes, but she did not work with Ms. Jozwiak on
issues and that there was little interaction going on between them."
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Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Lewis her opinion of Patrick's demeanor and
had she ever know him to act in any intimidating way or threaten any workers. Witness Lewis responded she
had known Patrick for ten years and he had always got along with everyone. Most Judges would ask for hire
specifically to assist them in their court.
Celeste Cory, Legal Counsel for Patrick Gonzales passed the Witness.
Assistant City Attorney Marcie Downing asked Witness Lewis if she knew who Kimberly's boss was or reports
to and was she privy to any meetings or conversations Margie Rose had with Kimberly telling her how to run
her department. Witness Lewis responded, "Margie Rose, and no she wasn't privy to any meetings or
conversations between Margie Rose and Kimberly Jozwiak."
Assistant City Attorney Marcie Downing states she no further questions for Witness Lewis.
Celeste Cory, Legal Counsel for Patrick Gonzales called Patrick Gonzales as her next witness.
Ms. Cory asked Witness Gonzales to describe his employment with Municipal Court. Witness Gonzales
responded as asked.
Ms. Cory asked Witness Gonzales to describe the tragedies of January of 2013 in which he had to request time
off to attend funerals of several family members. Witness Gonzales explained the situations of the family
members that had passed and his relationship with them and he requested time off from Ms. Jozwiak to deal
with the deaths of his family members. Witness Gonzales stated Ms. Jozwiak was very comforting and
approved his leave to handle his family affairs.
Ms. Cory asked Witness Gonzales during his leave did he have contact with coworkers. Witness Gonzales
stated he received text messages from Orlando Sanchez and Roy Guerrero about Michael DeLaGarza is doing
you wrong just didn't want you to come back and be blindsided, kind of heads-up.
Ms. Cory asked Witness Gonzales on the day he returned did anything significant happen. Witness Gonzales
stated he went to her office to update her on the funerals and other problems he was having with family
members. Witness Gonzales stated Ms. Jozwiak informed him of problems with employees being on the
internet and that they looked at everybody's internet usage and found something on his also and informed him
that he was going to be "bumped down" or something like that. Witness Gonzales said he told Ms. Jozwiak he
had already heard this was going to happen that she was going to replace him with Michael DeLaGarza. Ms.
Jozwiak denied talking with Mr. DeLaGarza, but I heard he was telling everyone he was going to be in charge.
Ms. Cory asked Witness Gonzales was Michael DeLaGarza quickly appointed Lead Deputy Marshal after your
return. Witness Gonzales responded it was approximately two weeks later.
Ms. Cory asked Witness Gonzales if he had a conversation with Michael DeLaGarza after he was appointed
Lead deputy Marshal and if yes how did that conversation go. Witness Gonzales responded he did have
conversation with Michael DeLaGarza regarding coverage in the courtroom.
Ms.Cory asked Witness Gonzales if he was upset that Michael was his boss now. Witness Gonzales responded.
"No." Witness Gonzales stated he told Mr. DeLaGarza in front of Orlando Sanchez he was not mad at him for
replacing him, he was upset on how it happened, but regardless someone needs to be in charge, so place him
where he is needed and wished him the best. Witness Gonzales did tell Michael DeLaGarza that he would not
probably be working as much overtime as lie had in the past because he wants to spend more time with his
family not because he was mad about the situation. I have nothing personal against you, but I am upset thinking
we were all friends, but I guess we are not.
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Ms. Cory asked Witness Gonzales asked Witness Gonzales how he was informed of his administrative leave
and was he told why he was being placed on administrative leave. Witness Gonzales stated Chief Schauer
called him to come into his office and that's when he was given the letter he was being placed on administrative
leave, but was not told why.
Ms. Cory asked Witness Gonzales if he was interview by Jennifer Knox-Walker from HR and did she provide a
copy of the text message he was alleged to have sent. Witness Gonzales responded he wasn't given a copy, Ms.
Knox-Walker read the test message to him. Witness Gonzales stated he was called back to re-interview with
Ms. Knox-walker on March 4"' because half of the original interview recorded had been lost.
Ms. Cory asked Witness Gonzales he looked at his phone after meeting with Ms. Knox-Walker and what did he
find. Witness Gonzales responded he looked through his phone and couldn't find a text message such as
described in the interview in his phone.
Ms. Cory asked Witness Gonzales if he was presented with the Contemplated Disciplinary Letter on March 8"'
at approximately 6:00 p.m. at his home. Witness Gonzales responded he was.
Ms. Cory asked Witness Gonzales if he offered to allow CCPD to "dump his phone". Witness Gonzales
responded he did but that CCPD stated it was an employment issue and they weren't involved.
Ms. Cory asked Witness Gonzales at what point did he learn who sent the text message, was it at the
unemployment hearing. Witness Gonzales responded, "Yes."
Ms. Cory asked Witness Gonzales if he sent a text message to Priscilla Chapa or did he send a threatening text
message physical violence to Kimberly Jozwiak or any other City employee. Witness Gonzales responded,
"No."
Celeste Cory, Legal Counsel for Patrick Gonzales passed the Witness.
Assistant City Attorney Marcie Downing asked Witness Gonzales did he ask Kimberly at his rebuttal meeting
who sent the text especially when defending himself at the rebuttal meeting. Witness Gonzales responded lie
didn't know why.
Assistant City Attorney Marcie Downing asked Witness Gonzales to look at Exhibit#3 transcript excerpts from
his testimony given during his interview with Jennifer Know-Walker. Ms. Downing asked Witness Gonzales to
read his response to Ms. Walker's question on page 44, line 19, she asked him to read his response on line 24.
Witness Gonzales read his response. Ms. Downing then asked Witness Gonzales to read line 5. Witness
Gonzales read as asked.
Assistant City Attorney Marcie Downing asked Witness Gonzales to look at page 11, and read line 23, 24 and
25. Witness Gonzales read ask the lines as asked.
Assistant City Attorney Marcie Downing stated she had no further questions for Witness Gonzales and passed
the Witness.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Gonzales when in relation to these questions
what did he mean by he was making comments out of frustration. Witness Gonzales responded he was
responding to the messages he received that he was being stabbed in the back.
Celeste Cory, Legal Counsel for Patrick Gonzales asked the board if Witness Gonzales' testimony can be
continued later as another witness,Judge Madrigal is needed to preside in court therefore she would like to have
her testimony heard now so she may be excused to preside in her court.
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Chairperson Bonilla swore in Judge Madrigal.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Judge Madrigal how long she had worked for the City
before her departure from the city. Witness Madrigal gave her career background with the City as requested.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Madrigal her opinion of Mr. Gonzales.
Witness Madrigal described Mr. Gonzales as professional; she liked having him in her court.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Madrigal her opinion of the working
environment of Municipal Court. Witness Madrigal stated she saw a decline in the work environment after the
new Director took over. She described the work environment as hostile and unpleasant.
Celeste Cory, Legal Counsel for Patrick Gonzales passed the Witness.
Assistant City Attorney Marcie Downing crossed examined Witness Madrigal.
Assistant City Attorney Marcie Downing asked Witness Madrigal if Kimberly Jozwiak was her supervisor and
that she Judge Madrigal was not Patrick's supervisor. Witness Madrigal responded "No."
Assistant City Attorney Marcie Downing stated she had no further questions for Witness Madrigal.
Chairperson Bonilla announced at 1:07 p.m. a one hour break for lunch.
Chairperson Bonilla announced at 2:15 p.m. they were resuming the 558`x' Civil Service Board Hearing,
considering the appeal filed by Patrick Gonzales, City Deputy Marshal with the Municipal Court.
Celeste Cory, Legal Counsel for Patrick Gonzales recalled Witness Patrick Gonzales.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Gonzales if he was asking the board to
reinstate him and did he ever or would he ever threaten or intimidate anyone that worked at Municipal Court.
Witness Gonzales responded yes that he is asking to be reinstated and that lie did not nor would he threaten or
intimidate anyone in the future.
Celeste Cory, Legal Counsel for Patrick Gonzales passed the Witness.
Assistant City Attorney Marcie Downing stated she had no additional questions for Witness Gonzales at this
time.
Celeste Cory, Legal Counsel for Patrick Gonzales called her next witness Bias Barrera.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Barrera to tell what he knows about this text
message if he knows anything. Witness Barrera responded he learned of the text message when a private
investigator went to his home.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Barrera did the private investigator show him
the text message. Witness Barrera said he saw the text message in a folder the private investigator has holding.
But the private investigator did show it to him;just ask him about the text message coming from a phone that
shows to be registered to him. It was at that time he told the private investigator he wished to have an attorney
present if he was going to be questioned.
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Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Barrera was he the owner of the phone 361-
834-8969 and how long he had the phone that the text message came from. Witness Barrera responded he had
had the phone since about 2003 or 2004.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Barrera if he had possession of the phone in
question that the text message came from. Witness Barrera responded he thinks he does, he loaned the phone to
his cousin a long time ago. He believes it is in his possession.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Barrera if he pays the bill for the phone in
question. Witness Barrera responded he does. Ms. Cory asked Witness Barrera if he had a copy of the bill for
this phone. Witness Barrera responded "Yes." Ms. Cory asked the bill be entered into evidence as their Exhibit
B.
Celeste Cory, Legal Counsel for Patrick Gonzales passed the Witness.
Assistant City Attorney Marcie Downing began her cross examination of Witness Barrera.
Assistant City Attorney Marcie Downing asked Witness Barrera if he was aware if Patrick had ever used this
phone before or had he and Patrick ever had a conversation about him using this phone. Witness Barrera
responded "No." Ms. Downing asked Witness Barrera if he ever allowed Patrick to give this number out for
people to contact him and why did he do that. Witness Barrera responded that he let Patrick give it out because
Patrick didn't like giving people his personal cell phone number.
Assistant City Attorney Marcie Downing asked Witness Barrera when did you give your cousin the phone, and
does Patrick know your cousin was in possession of the phone. Witness Barrera responded that his cousin had
had it since about 2005 off and on. Patrick asked me if I still had my Sprint phone and could he give the number
out so people could reach him. Ms. Downing asked Witness Barrera did Patrick and his cousin know each other.
Witness Barrera responded they had seen each other. Ms. Downing asked Witness Barrera but how would they
get ahold of Patrick if your cousin had the phone. Witness Barrera responded he made an arrangement with
his cousin to call him if he got any calls on that phone.
Assistant City Attorney Marcie Downing asked Witness Barrera to review City Exhibits # 7, and then #8. Ms.
Downing asked Witness Barrera if his cousin would have sent a text message like that or had a reason to send
because something like that was going on in his life at that time. Witness Barrera responded "Not in his life."
"1 think that he would do something like this."
Assistant City Attorney Marcie Downing asked Witness Barrera did you have a grandmother die or an uncle die
in West Texas, was he a fellow marshal. Witness Barrera responded "No."
Assistant City Attorney Marcie Downing stated she had no further questions for this Witness.
Celeste Cory, Legal Counsel for Patrick Gonzales called Orlando Sanchez as her next witness.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Sanchez to state his name for the record and to
give his employment history background with the Municipal Court. Witness Sanchez responded as asked.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Sanchez if he overheard a conversation
between Patrick and Mr. DeLaGarza and to tell her about that conversation. Witness Sanchez responded that he
did and began to describe the conversation.
Assistant City Attorney Marcie Downing objected citing hearsay.
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Chairperson Bonilla allowed Ms. Cory to continue.
Witness Sanchez continued to describe the conversation between Patrick and Michael DeLaGarza stating that
basically the conversation was more of just a simple conversation, no aggression or was anyone angry at one
another. Ms. Cory asked Witness Sanchez if he ever saw Patrick express any anger or violence towards Mr.
DeLaGarza. Witness Sanchez responded "No."
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Sanchez about a complaint he filed with
Kimberly Jozwiak and how that was handled.
Assistant City Attorney Marcie Downing objected to the relevancy to Mr. Sanchez's testimony on Mr.
Gonzales' termination.
Celeste Cory, Legal Counsel for Patrick Gonzales responded he is talking about the working conditions at
Municipal Court.
Chairperson Bonilla read from the Civil Service Board Rules and Regulations that the City has the burden to
prove the truth of misconduct, so if they are attempting to prove a collateral defense, they can present evidence
to that effect.
Chairperson Bonilla stated that Ms. Cory could proceed without getting into a lot of detail, just the overall
dynamics of Municipal Court prior to Mr. Sanchez's departure. Witness Sanchez went on to describe the
reason he sought a lateral transfer to the Airport.
Celeste Cory, Legal Counsel for Patrick Gonzales passed the Witness.
Assistant City Attorney Marcie Downing cross examined Witness Sanchez.
Assistant City Attorney Marcie Downing asked Witness Sanchez did he not request to be transferred to the
Airport. Witness Sanchez said "No, I only did looked into it to see if it would be lateral transfer or not."
Assistant City Attorney Marcie Downing asked Witness Sanchez did Ms. Jozwiak ever tell you she was
terminating you. Witness Sanchez responded he was told that the Marshal position at the Juvenile Center was
going to be eliminated; therefore he would be out of a job since he was assigned to the Juvenile Center at that
time. Ms. Downing asked Mr. Sanchez did Ms. Jozwiak tell you that you would be coming back. Witness
Sanchez responded "No."
Assistant City Attorney Marcie Downing stated she had no further questions for this Witness.
Celeste Cory, Legal Counsel for Patrick Gonzales calls her next witness, Roy Guerrero.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Guerrero to state his name for the record and
to present his current employment and his employment history with the City of Corpus Christi. Witness
Guerrero responded to Ms. Cory's request.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Guerrero why he resigned from the City.
Witness Guerrero responded the working conditions were horrible. He stated he had gone to HR to file
complaints and received a call from Margie Rose the same day asking me to make an appointment to talk to her
about my concerns at Municipal Court. A couple of weeks later I felt nothing was being done so I resigned.
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Celeste Cory, Legal Counsel for Patrick Gonzales passed the Witness.
Assistant City Attorney Marcie Downing cross examined Witness Guerrero.
Assistant City Attorney Marcie Downing asked Witness Guerrero if he resigned while under investigation for
downloading movies on his computer at work. Witness Guerrero responded, "No."
Assistant City Attorney Marcie Downing stated she had no further questions for this Witness.
Celeste Cory, Legal Counsel for Patrick Gonzales called Michael Cantu as her next witness.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Cantu about his current employment at
Municipal Court as a Deputy Marshal. Witness Cantu responded as requested.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Cantu if he was partnered with Patrick
Gonzales and during that time had he noticed anything unusual about Patrick like she him enraged angry with
his job or seem violent. Witness Cantu responded "No, he was just upset for some reason." "He had been
recently demoted and he was upset about that,but he wasn't violent or anything like that."
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Cantu did he have any knowledge about a text
message that was sent. Witness Cantu responded he did not.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Cantu did he have any safety concerns at
Municipal Court. Witness Cantu responded that there was a civilian hired, not a police officer, and on his first
day at work he was given a weapon to carry on duty. Ms. Cory asked Witness Cantu who gave him this
weapon. Witness Cantu responded Michael DeLaGarza gave him the weapon and a uniform.
Assistant City Attorney Marcie Downing objected to the line of questioning citing relevancy to Patrick's
termination.
Chairperson Bonilla stated she believes they have heard enough on that line.
Celeste Cory, Legal Counsel for Patrick Gonzales passed the Witness.
Assistant City Attorney Marcie Downing cross examined Witness Cantu.
Assistant City Attorney Marcie Downing asked Witness Cantu if he was aware that removal form a temporary
special assignment is not a demotion. Witness Cantu responded that he consider it a demotion if you were in a
position of authority and then you were removed from it.
Assistant City Attorney Marcie Downing asked Witness Cantu if he had ever told Kimberly he was concerned
for her safety. Witness Cantu responded "No,for fear of retaliation."
Assistant City Attorney Marcie Downing asked Witness Cantu if he was aware that Patrick had more than one
cell phone. Witness Cantu responded he was not aware or may he doesn't remember because he has seen
several cell phones charging in the office.
Assistant City Attorney Marcie Downing stated she had no further questions for this Witness.
Celeste Cory, Legal Counsel for Patrick Gonzales called her next witness,John Brooks.
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Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Brooks to state his name for the record and if
he was an attorney in Corpus Christi. Witness Brooks responded as requested. Ms. Cory also asked Witness
Brooks to explain his principle area of practice. Witness Brooks responded labor and employment law.
Assistant City Attorney Marcie Downing objected to the witness citing he is not a City employee nor does he
have any knowledge of Patrick's termination or the circumstances surrounding it. Ms. Downing questioned
how his testimony is relevant to this case.
Chairperson Bonilla stated the objection will be upheld.
Chairperson Bonilla stated he can testify about the texting and subject matters contained only in the appeal.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Brooks took review Exhibits 1 and 6. Ms.
Cory asked Witness Brooks based on his legal experience does this text message violate the City Policy on
workplace violence. Witness Brooks responded no based on if the text message wasn't sent during work hours
and it was sent form one personal cell phone to another personal cell phone. Ms. Cory asked Witness Brooks
did he believe there is any kind of threat in the text message. Witness Brooks responded certainly not directly,
it could be interpreted in more than one way.
Celeste Cory, Legal Counsel for Patrick Gonzales passed the Witness.
Assistant City Attorney Marcie Downing cross examined Witness Brooks.
Assistant City Attorney Marcie Downing asked Witness Brooks if he has ever worked for the City and was it
his responsibility to interpret our City Policies. Witness Brooks responded, "No ma'am."
Assistant City Attorney Marcie Downing stated she had no further questions for this Witness.
Chairperson Bonilla announced a short break at 3:22 p.m.
Chairperson Bonilla announced back on the record at 3:34 p.m.
Assistant City Attorney Marcie Downing stated she would like to call Laura Garza as a witness.
Assistant City Attorney Marcie Downing asked Witness Garza about her employment at Municipal Court.
Witness Garza responded as requested.
Assistant City Attorney Marcie Downing asked Witness Garza if she knew Patrick Gonzales and did she
recognize the number 361-834-8969. Witness Garza responded she knew Patrick through work and that Patrick
gave her that phone number to communicate with him. Ms. Downing asked Witness Garza if that was the only
phone number she had for him and how long had she been communicating with him at that phone number.
Witness Garza responded that was the only number she had for him, and they had been communicating through
that phone number for approximately two years.
Assistant City Attorney Marcie Downing asked Witness Garza to review City Exhibit #9. Ms. Downing asked
Witness Garza if she knew what that document was. Witness Garza explained it was her cell phone log. Ms.
Downing asked City Exhibit#9 be admitted into evidence.
Chairperson Bonilla asked Ms. Cory if there was any objection to the document being entered. Ms. Cory stated
she did not have any objection.
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Chairperson Bonilla admitted City Exhibit#9 into evidence.
Assistant City Attorney Marcie Downing asked Witness Garza to look at April 25'x' and did she see that phone
number there and who's number was that. Witness Garza responded it was Patrick's. Ms. Downing asked
Witness Garza if she had talk to Patrick or received at text message from Patrick on that day. Witness Garza
responded yes she believed it was a text message. Ms. Downing asked Witness Garza if she had been
communicating with Patrick at that phone number after his termination. Witness Garza responded, "Yes, up
until May she thought."
Assistant City Attorney Marcie Downing asked Witness Garza to her knowledge does Patrick have more than
one cell phone and has she seen him with more than one cell phone. Witness Garza responded, "Yes."
Assistant City Attorney Marcie Downing passed the Witness.
Celeste Cory, Legal Counsel for Patrick Gonzales cross examined Witness Garza.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Garza if she was contacted by the City Legal
in this case. Witness Garza responded, "Uh-huh." Ms. Cory asked Witness Garza if she felt intimidated during
the meeting she had with Carols Valdez. Witness Garza responded, "No."
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Garza if she was happy to be here testifying.
Witness Garza responded that nobody wants to be involved in this type of thing but she was just there to tell the
truth.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Garza if she spoke with Monica Lewis and
Orlando Sanchez this morning. Witness Garza responded she had.
Celeste Cory, Legal Counsel for Patrick Gonzales passed the witness.
Assistant City Attorney Marcie Downing stated she had no further questions for this witness.
Celeste Cory, Legal Counsel for Patrick Gonzales stated she wanted recall witnesses Orlando Sanchez and
Monica Lewis because they indicated that they had a conversation with Laura Garza.
Assistant City Attorney Marcie Downing objected citing that Ms. Cory didn't ask Witness Garza what was said
to Orlando Sanchez and Monica Lewis.
Chairperson Bonilla ruled that they had to hear the alleged hearsay because it could be an admission against
interest.
Celeste Cory, Legal Counsel for Patrick Gonzales recalled Witness Monica Lewis and asked if what
conversations she had with Laura Garza this morning. Witness Lewis stated that Ms. Garza said she felt like
she was forced to testify that she had been called into two meetings at legal in which she was basically being
yelled at and that she needed to come forward and testify. She also expressed she felt like she was going to lose
her job if she didn't testify.
Celeste Cory, Legal Counsel for Patrick Gonzales passed the Witness.
Assistant City Attorney Marcie Downing stated she had no questions for this witness.
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Celeste Cory, Legal Counsel for Patrick Gonzales recalled Witness Orlando Sanchez and asked after he was
sworn in did Laura Garza approach him to discuss the case and what did she say. Witness Sanchez responded
"Yes that she felt stuck in a position to where she has to testify, if not she will lose her job.
Celeste Cory, Legal Counsel for Patrick Gonzales passed the witness.
Assistant City Attorney Marcie Downing stated she had no questions for this witness.
Assistant City Attorney Marcie Downing recalled Witness Laura Garza and asked her if she felt scared during
her meetings with Legal and did Carlos Valdez yell at her. Witness Garza responded "No." Ms. Downing
asked Witness Garza if she thought she was going to be fired and was she told she had to testify. Witness Garza
responded"No."
Assistant City Attorney Marcie Downing stated she had no further questions for this witness.
Celeste Cory, Legal Counsel for Patrick Gonzales cross examined Witness Garza.
Celeste Cory, Legal Counsel for Patrick Gonzales asked Witness Garza what she and Monica Lewis talked
about earlier that morning. Witness Garza responded that they discussed how each other were doing, how work
was going. Ms. Cory asked Witness Garza what she talked to Orlando Sanchez about. Witness Garza
responded that they talked about being at the Airport.
Chairperson Bonilla announced a break at 3:50 p.m.
Chairperson Bonilla announced at 3:54 p.m. back on the record.
Assistant City Attorney Marcie Downing presented her closing arguments.
Celeste Cory, Legal Counsel for Patrick Gonzales presented her closing arguments.
Chairperson Bonilla announced at 4:17 p.m. that the board was going into a closed meeting pursuant to Section
551.074 of the Texas Open Meetings Act.
Chairperson Bonilla announced at 4:50 p.m. the 558`x' Civil Service Board hearing regarding the appeal filed by
Patrick Gonzales, City Deputy Marshal with the Municipal Court for his termination will resume.
Chairperson Bonilla asked if there was a motion.
Civil Service Board Member Catherine Lutz made a motion to reduce the termination to a sixty day suspension
with reinstatement of pay and benefits on the 61s' day and also recommend providing City EAP counseling
services.
Chairperson Bonilla asked for a second on the decision, Board Member Vlisides seconded.
All members agreed and the decision was approved.
Chairperson Bonilla adjourned the hearing at 4:51 p.m.
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Susanne onilla, Chairperson Catherine z, Me er
Civil Service Board Civil Service Board 144—L 4I.,es &Vliside4s, ember Y mine B. Chapman, Secret y
Civil Service Board ivil Service Board
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