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HomeMy WebLinkAboutMinutes Civil Service Board - 03/14/2014 MINUTES 560th CIVIL SERVICE BOARD HEARING 1201 LEOPARD ST.,CITY HALL HUMAN RESOURCES CONFERENCE ROOM March 14,2014 BOARD MEMBERS PRESENT: CITY STAFF PRESENT: Susanne Bonilla, Chairperson Yasmine B. Chapman, Director offI.R. Catherine Lutz, Member Janet Kellogg, Asst. City Attorney Leslie Vlisides, Member Janet Kellogg, City Attorney Kimberly Jozwiak, Director of Municipal Court Tina. Belock, HR Analyst Chairperson Bonilla called the 560"' Civil Service Board hearing to order at 9:02 a.m. ITI',M #I Review and approve the minutes of the 559"" Civil Service Board hearing held on September 26, 2013. TIT"M #2 Review and consider the appeal tiled by Jesus Gomez, Detention Officer with Municipal Court, for his termination. Chairperson Bonilla read agenda Item #1 and Item 92. All witnesses present took the oath administered by Chairperson Bonilla. Board Member Bonilla made a motion by approve the minutes and the motion was seconded. The minutes were approved for the 559t" Civil Service Board Hearing. Eric Perkins, Attorney for Mr. Gorner, requested a recess to call more witnesses that were not in attendance. The Board agreed to recess until 9:30. Janet Kellogg and Marcie Downing called the witnesses, and stated that all would be in attendance. Ilearing resumed at 9:34, and Chairperson Bonilla called the meeting to order. Chairperson Bonilla swore in the two additional witnesses, Raul Vasquez and Cindy Moreno. Chairperson Bonilla invoked the rule, and asked witnesses not to discuss the case. Janet Kellogg, Assistant City Attorney made her opening statements. Mr. Eric Perkins, Attorney for Mr. Gomez made his opening statements. Assistant City Attorney Janet Kellogg called Kimberly Jozwiak, Director 01"Municipal Court, as the City's first witness. The City presented and entered into evidence: Video of Mr. Gomez striking Mr. Rodriguez. Janet Kellogg showed portion of the video. Mr. Perkins objected to the "piecernealing" of the video. Mr. Perkins objected to Kimberly Jozwiak's "opinion" about what the video showed. Chairperson Bonilla conferred with Board members I.,utz and Vlisides, and allowed the meeting to proceed. Janet Kellogg asked Witness Kimberly Jozwiak to read page 15 section 5, Rules 3, 4, 5, 6, and 31 of the Rules and Regulations ofthe Civil Service Board. Ms. Jozwiak agreed that Mr. Gornez violated these rules. ,Janet Kellogg eaters into evidence City Fxhibit fl: Internal Investigation frorn Corpus Christi Marshal's Office. Mr. Perkins is given a copy. Mr. Perkins states that lie has never seen these documents before, even though lie has requested them numerous times, however lie has no objections to this document. Copies handed to Board. Ms.Kellogg asks Ms. Jozwiak how she became aware ofthe incident. She stated she became aware on 4/22/14, by email from C:CPD Internal Affairs. Ms. Jozwiak requested the video, and had the City Marshals start an investigation. Ms. Kellogg enters into evidence City Exhibit 42: Incident Report fi-om the Magistrate and Detention Center, created and signed by Jesus Gornez, and Ernest Garza on 4/20/14. Mr. Perkins receives a copy, and then makes a statement that lie hasn't received these copies even though requested. No objection. Chairperson Bonilla asks if he would like a five minute adjournment to review the documents, arid Mr. Perkins declined. Chairperson Bonilla allows the exhibit into the hearing. Janet Kellogg asks witness Jozwiak if the statement from Ernest Garza correlates with what Happened on the video. Witness Jozwiak stated no, there was no flying shoe as was in the statement. Janet Kellogg asks the witness if this statement correlates to the video. Witness stated no, there was no aggressive behavior or thrown shoe in the video. Janet. Kellogg shows witness .Jozwiak the Contemplated Disciplinary Action Letter, which is entered into evidence as Exhibit 43. Mr. Perkins has no objections. Chairperson Bonilla allows it into evidence. Copies and handed to Board arid Mr. Perkins. .Janet Kellogg asked Witness Jozwiak if Mr. Gornez had a chance to respond to the Contemplated Letter, and if she carne to the determination to terminate. Yes, said Ms. Jozwiak, because of excessive force used, the statements, the response from Mr. (--iomez,to the Contemplated letter, and violations of policy. Janet Kellogg shows Witness Jozwiak the Termination letter, which is validated by Ms. Jozwiak. Termination Letter is entered into Evidence as Exhibit 44. No objections from Mr. Perkins, and allowed by Chairperson Bonilla. Janet Kellogg asks the witness Jozwiak the reason fior termination? Ms. Jozwiak responds use of excessive force and violations of the Rules and Regulations of Civil Service Board. Mr. Perkins asks the witness how long she has been Director, and how many investigations she had conducted. He asks if she is a. Peace Officer. Lie asks a line of questioning about the use of force, and whether the Officers are allowed to use force to protect themselves. Mr. Perkins asked if witness Jozwiak was aware of an injury report on the day that the investigation? Janet Kellogg objects, as it has nothing to do with the incident. Ms. Kellogg objects to the line of questions. Chairperson Bonilla refers to the rules, which state that testimony rnrrst be confined to the suEiject matter of the appeal. Testimony about events prior to the event is allowed, states Chairperson Bonilla. Mr. Perkins asks if the witness knows Donna James Spruce. Mr. Perkins presents F"xhibit A: Letter from Risk Management Donna James Spruce, to Mr. Gomez, for an injury prevention meeting. It references seven prior injuries. Ms. Kellogg objects. Mr. Perkins asks if these injuries were all due to inniate attacks, and what did she do about it? Ms. Kellogg again objects. Janet. Kellogg objects to this letter as ' evidence. Mr. Perkins defers on this issue, arid asks to watch the video, which is allowed by Chairperson Bonilla. Mr. Perkins asks the Witness to identify the employees in the video. Witness identifies the employees, and verifies that they are aware of being videoed. Mr. Perkins attempts to get witness to agree to the shoe flying, witness states no, she does riot. Witness states that Mr. Rodriguez did as he was told, remove his shoes. Assistant City Attorney Janet Kellogg calls witness Bernardino Rodriguez to the stand to testify. Mr. Rodriguez states his name, title, arid how long with CC'PD. Witness states Ire arrested Albert Rodriguez, and brought him to the Detention Center. Ms. Kellogg asks hirrr to watch the video, and explain who is present, and what was the inmate's demeanor? Officer Rodriguez states that the inmate was complying, and riot aggressive. Janet Kellogg offers into evidence Exhibit#S: CCPD Internal Complaint Report with Affidavit. Mr. Perkins asks for opportunity to review, and states that Ire was not given this document either. Chairperson Bonilla reminds both attorneys that under C:.SB rules and regulations, technical rules of court and procedure do riot apply, and evidence is admitted with is reasonable and can help the board make a decision will be allowed. Mr. Perkins again states that he requested the documents months ago, and did not receive them. Chairperson Bonilla agrees it causes her concern as well. Mr. Perkins asked the witness if Ire felt that Mr. Gomez was justified in using excessive force, witness said no. Officer Rodriguez explains the procedure at C(.,PD for excessive force. Mr. Perkins asks Officer Rodriguez about the arrest of`Mr. Rodriguez. Officer Rodriguez answers questions as well from Asst. City Attorney Janet Kellogg pertaining to the demeanor of Albert Rodriguez. Fle testifies about steps to take to minimize a threatening prisoner. Fie testifies that Mr. Rodriguez was following instructions. Mr. Perkins asks for more clarifying from the witness about threatening behavior of prisoners. Mr. Perkins asks how long has CDC. been involved with CCPL). Witness responds to the questions, 10:50 AM Asst. Chairperson Bonilla states that she needs to recess at 12:00 f'M. Both attorneys state that they are OK with that, and that there is time to call more witnesses before the break. City Attorney .Janet Kellogg calls Witness Ernest. Garza. She asks his title and job duties, and if he was present on 04/20/13? Witness states yes. She shows him Exhibit 2, Incident Report that he prepared. She shows the video to Mr. Garza. Ms. Kellogg asks the witness if Albert Rodriguez is cooperating. He states that yes, he is cooperating, but cussing. She asks the witness if he would have struck the inrnate. He states he would have put him against the wall. Ms. Kellogg asks if Ire has ever struck an inmate in the head? Witness states no. Mr. Perkins asks witness Garza if'video is clear? Witness states it's not very clear, he has his own point of view. Mr. Perkins asks if experience influences how he interacts with inmates? Witness answered yes. Mr. Perkins asks about intoxicated individuals and how witness "usually" reacts to them. Witness states it depends. Mr. Perkins asks about policies, if'supervisor went over the policies. Witness states yes, especially since Ms. Jozwiak has taken over. Mr. Perkins asked if detainee continued to be agitated? Witness stated he continued to be aggressive. Mr. Perkins asked if Mr. Gomez used excessive force? Witness stated no, not according to tine policy in effect at the time of incident. Mr. Perkins asked about if compliant strikes were part of policy? Witness states not sure, as policy wasn't clear. Ms. Kellogg asks witness Garza about "drunks" conning into CDC. She asks about what is happening in tine video, and if all officers know they are on camera? He states yes. She asks witness if lie is aggressive at that point (detainee cleaning his hands) in video. Witness states no. Witness continues to watch video. Ms. Kellogg asks him if Mr. Rodriguez deliberately threw paper on the furor, or might have missed the trash can? Witness states tie might have missed. Ms. Kellogg asks about did detainee comply when told to pick it Lip'? Witness answered yes. Ms. Kellogg asked about the blind spot and what happened. Mr. Perkins casks witness if Mr. Rodriguez ever complained about is treatment, or mention anything about what happened with Jesse Gomez? Witness states not that 1►e knows of. Mr. Perkins asked if detainee went to a Judge that night, and if anything was said to the judge. Witness states no, and is dismissed. Assistant City Attorney Janet Kellogg calls Sylvia Guzman as a witness at 1 1:15. Witness states name, title, etc. Ms. Kellogg asks if witness is custodian of records`? Witness states yes. Ms. Kellogg shows documents to the witness and asks if they are used in the regular course of business. Witness states yes. Ms. Kellogg offers into evidence City Exhibits 6 and 7. (Signed Policy acknowledgement form, and Employee application). Mr. Perkins states he suspects lie has not seen these before. Copies presented to the board. Mr. Perkins asks Witness Guzman about the length of time that she has been with the City? Witness stated 5 months. Mr. Perkins asks how she could know that these are true documents. Ile states she could not possibly know if they are true and correct copies. Witness states she did not place those in the files. He objects since they were not in the Mr. Gomez's personnel file. Ms. Kellogg states these documents should be allowed, because the I-IR department requires all of these documents to be entered into every employee file. Chairperson Bonilla points out that they did request the employee file, and they are representing that they did not receive these in the file. Ms. Kellogg states that they did receive the file. Mr. Perkins states he hasn't seen the documents. Chairperson Bonilla states to proceed, and admits the documents into evidence because Mr. Perkins stated he wasn't sure if those documents were part: of the file or not. Ms. Kellogg asks witness about the document. Witness states acknowledgement form. Ms. Kellogg asks the witness if Mr. Gomez received a copy of the Rules and Regulations of CSB. Witness answers yes. Mr. Perkins asks witness Guzman if she knows what is in the Rules and Regulations of the CSB? Ile asks if these rules and regulations encompass a use of force policy. Witness states that the rules are for behavior. Mr. Perkins asks witness if the City has a use of force policy? Witness states no. Mr. Perkins said nothing farther. City rests, but reserves right to rebut witnesses. Chairperson Bonilla calls a recess at 11:25 for 5 minutes. Chairperson Bonilla resumes hearing at 11:34. Witness Travis Pace is sworn in. Mr. Perkins asks, Mr. Pace to state name and employment. Mr. Perkins asks questions about his Job training. Witness answers. Mr. Perkins asks when did he do this training`? Witness states he isn't sure about the date. Mr. Perkins asks about nature of training. Witness responds about .type of training. Ms. Kellogg obJects and asks if Mr. Pace has ever trained Mr. Gornez. Witness responds no. Ms. Kellogg then states what is the point ofthis testimony'? Mr. Perkins asks witness if lie had done any training prior? Witness states no, but periodic inserviees. Mr. Perkins tells the board he thinks it's relavent. Chairperson Bonilla asks if training was post 4/20113? Witness states riot sure, but possibly June 2013. Chairperson Bonilla states that the impression that they are given is that the witness is that training took place after the incident, and wouldn't apply to Mr. Gomez. Chairperson Bonilla asks when the training took place, because if it took place prior to the incident then it world be relavent. Mr. Pace states that Mr. Gomez was not at the training. The training dates were in June of' 2013 states the witness. Mr. Perkins has no other questions. Ms. Kellogg asks Mr. Pace what is a compliant strike.? Witness answers it is a strike to get the individual compliant. Using the force continur►rr►, witness explains, is the use of force guidelines, lowest to highest. Ms. Kellogg asks if Mr. Pace has seen video. Witness answers yes. Ms. Kellogg asks again about the use of farce. Witness Pace discusses that it depends on situation. Ms. Kellogg asks about Mr. Rodriguez, was he resisting arrest? Witness said no. Ms. Kellogg asked was he complying? Witness said yes. Witness asks to view the video, Ms. Kellogg shows the video. At points in the video, Ms. Kellogg asks if this is on the force contim►urai? Witness stated yes. Ms. Kellogg asks if' it looks like detainee is being compliant? Witness stated yes. Witness watched the strike of the detainee oil the video. Ms. Kellogg asks if that was a compliant strike? Witness states it looks like an open hand slap to file face. fie stated there is nothing to show that there was need f'or compliant strike, and what: followed after the strike? There was not a follow up to the strike to indicate that the strike was warranted. Mr. Perkins asked witness if he saw the shoe flying toward Mr. Gonnez? Witness said the shoe was kicked off, not picked up and thrown. Mr. face states that detainees cuss, kick shoes, etc. He said that they are professionals and there is protocol to contain any type of threat. Mr. Perkins asked if the detainee calmed down after the strike, wasn't. that a good reason to use the compliant strike'? Witness said no, this was use of excessive force. Mr. face states that use of'compliant strike is not a slap to the face. 1"hat is never acceptable behavior. Mr. Perkins asks about detainees verbal aggression'? He asks if that makes a difference. Witness states again there was no aggression that lie could see, no shoe flying. Mr. Pace reiterates again if detainee is a threat, then why wasn't lie put back in cuffs or detained? Mr. Perkins states that more fierce should have been used? Witness said no, again, that is not what lie is saying. Witness said in his opinion, no the shoe wasn't flying at him, it was slid across the floor. He stated if his officers did that, they would be in a lot of trouble. 11:51 Chairperson Bonilla called adjournment until 1:00. Hearing resumes at 1:01 PM, Chairperson Bonilla resumes hearing. Mr. Perkins calls Jesus Gomez, and asks his residence and employment status. Mr. Perkins asks how long he was Detention Officer. Mr. Gomez responds six year. Mr. Perkins asks witness about prior employment. Mr. Perkins asks about job title. Mr. Gomez responds detention officer. Mr. Perkins asks if Mr. Gomez was provided with training as a CDC officer? Mr. Gi rnez answers not much, and not on use of force, Mr. Perkins asks about direction from supervisors oil inmate handling? Witness responds not formal training, learn as you go. Mr. Perkins asks if he is a certified peace officer? Witness stated no. Mr. Perkins asks about the video, and if it clearly depicts what happened'? Witness stated yes. Mr. Perkins asks if what was shown is routine. Witness states yes, you have to use your instincts. Witness states that CC.PD is not there to assist them. He states that Officer Rodriguez was not there to assist. Mr. Perkins asks oil how many occasions have you been involved in grappling with inmates? Witness states six injuries, but pretty routine several times a week. Mr. Perkins asked if there as a traditional way that inmates use force against him? Witness states they spit, cuss, head butt, and throw boots and shoes. Mr. Perkins asks how many times have you had your hand broken by inmate? Witness said twice. Mr. Perkins asked if he was more sensitive to being kicked'? Witness said yes. Mr. Perkins asks about: the shoe being kicked or coming forward'? Witness states he didn't take it off like normal person. Ile stated it was a sign of aggression. Witness states the inmate was aggressive and clissing. He was demanding things. Mr. Perkins asks why did he strike the inmate on the head? Witness states because he felt threatened, fie slid his shoe at me, and I didn't know what lie was going to do. There wasn't much back up to help. Mr. Perkins asks if there was pepper spray or equipment, and was this equipment requested? Witness states that yes, he requested a taxer, more officers, equipment. lie describes another incident that happened with another inmate. Ms. Kellogg objects to this testimony as it has nothing to do with the incident at hand. Mr. Perkins states it is relavent and wants to explore it. Mr. Perkins asks witness if he feels his behavior was j ustif►ed? Witness states yes. Ms. Kellogg asks Mr. Gomez about the documents presented exhibit 6 and 7. Witness looks at documents and states yes. Ms. Kellogg asks about his employment with TDCJ. Ms. Kellogg asks if lie had to comply with their rules and regulations'? Witness states yes. Ms. Kellogg asks if lie was responsible for intake of inmates'? Witness said yes. Ms. Kellogg asks about if he trained officers in T'DJC? Witness states no. Ms. Kellogg asks the witness to review his City application, where he put that he trained. Witness states lie wouldn't say trained but shadowed. Ms. Kellogg asks if it was common? Witness says not common. Ms. Kellogg offers into evidence exhibits 8 and 9. Letter from TDJC; showing training hours, as well as training records and affidavit for these documents. Exhibits presented to Mr. Perkins and board. Mr. Perkins objects that these documents were not forwarded to him. Ms. Kellogg states that Mr. Gomez can request his own records from TDJC. Mr. Perkins asks for few minutes to review. Chairperson Bonilla states off the record until 1:25 PM. Back on the record at 1:25. Mr. Perkins objects to the records and suites that he has had request for records back to July. Ms. Kellogg states that Mr. Perkins received the documents requested, but that these were documents that Legal requested from "TDJC and not part of what was requested by Mr. Gomez or Mr. Perkins. Chairperson Bonilla allowed the documents into evidence. Ms. Kellogg asked the witness about how many hours of training lie completed? Witness states about 40. Ms. Kellogg asked witness if he testified that lie hasn't had training on use of force? Witness said with the City? No. Ms. Kellogg asked but you have had the training`? Witness states in correctional setting yes. Ms. Kellogg asks if lie was hired with the city based on his previous experience and training? Witness said no, he didn't think so. Ms. Kellogg asks him to look at exhibit 9, at the use of force class in 2006. She asks what is the use of force? Witness responds. Ms. Kellogg asks are we talking about city or correctional? Witness says they are a different class of offenders. Ms. Kellogg asks him to look at page 6, #3. Reasons to use force. She asks witness to read it. She asks what is minor force. She asks when is it ok to use minor force? She asks if that is what was used when Mr. Rodriguez put his belt on the table? Witness says yes. Ms. Kellogg asks what is major use of"force? Mr. Gomez states pepper spray or strike. Ms. Kellogg asks him to look at page 8, major use of force? Please read. Witness reads major use of force from exhibit. Ms. Kellogg asked what exactly was Mr. Rodriguez doing that necessitated major use of force? Witness says he felt threatened, that he was going to be harmed. Ms. Kellogg says if" you felt threatened, why not use handcuffs`? He states that we were still processing him. Ms. Kellogg stated there is a room that could have been used. Witness says riot a room but a cell. Ms. Kellogg says that witness has heard all the testimony from today,who all testified that they would have put against the wall and cuffed him? Why didn't lie? Witness says to process him, and once lie was struck he complied. Mr. Perkins says that you felt that you were threatened, page 7C., facing imminent danger. Is that correct? Witness stated yes. Mr. Perkins asks about prior broken bones in that facility? Witness states yes. Mr. Perkins states this is a daily incident at the facility. Witness says yes. Mr. Perkins states that Mr. Rodriguez was compliant after the strike. Witness said yes. Ms. Kellogg asks do you know what serious bodily injury is`? Witness responds stabbed, beaten down, broken bones, how officer perceives danger. Ms. Kellogg asks if he understands there is a legal definition? It means substantial risk of death, disfigurement, loss of bodily function or mental faculty. She states that the acts of'Mr. Rodriguez put you in fear (as this definition)? Witness states: why would I have done what I did if lie was compliant? Mr. Perkins asks again about his personal injuries. Witness states yes. Mr. Perkins asks about broken bones before this incident. Witness states yes. Mr. Perkins rests. States no more witnesses. Ms. Kellogg presents closing arguments. Mr. Perkins presents closing arguments. Chairperson Bonilla calls closed meeting at 1:40 PM. 2:02 PM civil service board resumes. Motion to uphold termination. All in favor. Motion carried. Mr. Perkins asks for a transcript of the procedure. Meeting concluded at 2:30 PM.