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HomeMy WebLinkAboutMinutes Civil Service Board - 05/09/2014 MINUTES 562nd CIVIL SERVICE:, BOARD HEARING 1201 LEOPARDS ST.,CITY HALL HUMAN RESOURCES CONFERENCE,ROOM May 9,2014 BOARD MEMBERS PRESENT: CITY S'T'AFF PRESENT: Susanne Bonilla, Chairperson Yasrnine B. Chapman, Director off I.R. Catherine Lutz, Member Janet Kellogg, Asst. City Attorney Leslie Vlisides, Member Mark Van Vleck, Executive Director Utilities Tina. Belock, HR Analyst Chairperson Bonilla called the 562nd Civil Service Board hearing to order at 9:00 a.m. Chairperson Bon iIla read agenda. Item 41 and Item #2. ITEM #1 Review and approve the minutes of the 561s' Civil Service Board hearing held on April 28, 2014, ITT M #2 Review and consider the appeal filed by Carlos Lopez, Utility "Technician 11 with Wastewater Department, for his termination. Chairperson Bonilla asked ifthe City wished to invoke the rule. Assistant City Attorney Janet Kellogg invoked the rule, and witnesses were sworn in by C"hairman Bonilla and then were sent to the lobby to writ their turn to testify. Chairperson Bonilla asks the board members if they have all reviewed the minutes from the 561s' CSB, and made a motion to approve (seconded by Leslie Vlisides). Minutes were approved. Chairperson Bonilla reads Agenda Item #2. Assistant City Attorney Janet Kellogg made her opening statement, which explained that Mr. Lopez was 'terminated for violence in the workplace for throwing a pitchfork at or near team leader Sam Salinas. Mr. Lopez made his opening statement, and stated that Ms. Kellogg's statements about him were not true, and he was there to clear his name. Assistant City Attorney Janet Kellogg called her first witness: Sherri Eldridge, Sr. HR Analyst. Ms. Eldridge is sworn in, and Exhibit 41 is presented into evidence (Workplace Violence Prevention Policy). Mr. Lopez has no objections, and board allows this evidence to be admitted. Ms. Eldridge is asked to read the policy. Ms. E;Idridge is asked about Exhibit #2, acknowledgement form signed by Mr. Lopez at orientation, as well as the signed revision of this policy. This exhibit was entered into evidence with no objections from Mr. Lopez, and is read by Ms. Eldridge. Mr. Lopez has 110 questions for this witness. Assistant City Attorney Janet Kellogg called as a witness Mark Van Vleck, who states his name and title of Director of Utilities. She asks if"he is familiar with the Rules and Regulations of the C:SB. Fie states yes. fie states it appears Mr. Lopez violated these rules. Ms. Kellogg asks if he is familiar with the Contemplated Letter and the ferrnination letter. Mr. Van Vleck states yes. These documents are entered into evidence as Exhibits #3 and #4. Chairperson Bonilla asks Mr. Loper if he objects to these documents, and he states yes lie objects, and that Mr. Van Vleck didn't even know him. Chairperson Bonilla redirects Mr. Lopez and asks his reasons for objections, and he states that the documents say one thing... Chairperson Bonilla allows the exhibits. Janet Kellogg called as a witness Sam Salinas. Mr. Salinas states his name and title. Mr. Salinas explains the process of getting a license as a technician trainee, and obtaining a license. States Mr. Lopez holds a B license, and was a trainee. Mr. Salinas states that Mr. Loper most of the time wanted to mow. He stated that Mr. Lopez "gat in the face" and showed aggression prior to this incident. Sam was aware of this issue, and said that Mr. Loper was counseled verbally. On the day in question, Sam asked his crew to work OT, Mr. L..,opez stated lie didn't want to work. OT". Sam told him to go home then if you don't want to work, and told him he could go home at 3:00. Ms. Kellogg introduced into evidence (admitted by the board) Exhibit of pictures of Laguna Madre Plant. Mr. Salinas explained the pictures which show the location of the incident. Mr. Lopez threw the pitchfork toward Sam when Sam asked him to put down the pitchfork and pick up a net. Sam told Mr. Loper if You don't want to work, then go home. Mr. Lopez cross examines Sam Salinas. Mr. Lopez asks Sam who wasn't licensed that day. Mr. Loper asks about the lines being pressured up. Sam disagrees with how it was said. Mr. Lopez again asks Sam, you didn't say that"? Sam said, No. Not pressure, but gravity feed. Chairperson Bonilla told the witness not to ask questions of Mr. Lopez. Mr. Lopez asks about neglected area. Mr. Lopez asks Sam about his previous testimony that wasn't true, or that he wasn't doing any work. Mr. Lopez anger/voice rises, and Chairperson Bonilla states everyone needs to calm down. Chairperson Bonilla has to redirect Mr. l..,opez to just ask questions, and that the witness will answer, and to not badger the witness. She instructs the witness to only answer the questions. Mr. Loper tells Sam that lie doesn't want any feedback, only answer the questions. Mr. Lopez asks witness again about previous testimony about using the correct tools. Mr. Lopez asks what kind of pipe was being worked on, PVC:;. Witness said, no, metal. Chairperson Bonilla had to tell Mr. Lopez not to badger the witness. Mr. L.,opez apologized and continued asking questions of the witness. Janet Kellogg states she has no further questions for this witness. Ms. Kellogg calls witness Gabriel Garcia, and asks his position,job duties, etc. Ms. Kellogg asks hirn how he knows Mr. Lopez, and asks if part of his job was to train Mr. Lopez. Yes. He trained Mr. Lopcz, and stated that Mr. Lopez didn't care for the computer input or lab work. He stated he had an altercation with Mr. Lopez when lie had inputted a checklist into the systern for Mr. Lopez while Mr. Lopez was on break. Mr. Garcia entered the checklist without asking Mr. Lopez to help him out, but Mr. Lopez was very upset and disgruntled about it. His reaction wasn't"balanced", was too mach for the situation. lie apologized to Mr. Lopez for offending him, but Mr. I..,opez was very angry and yelled at him. Mr. Garcia told Sam Salinas about it, but didn't report it to coordinator. Mr. Garcia stated that on 11/20/13, lie was approached by Sam Salinas to do a task, which may require thern to stay late. He was working with Mike Castle and Carlos Lopez. Mr. Lopez didn't want to stay late, and was told lie could leave at 3:00. Mr. Garcia explained the work they were doing that clay, and that Mr. Lopez was standing and not working. He explained the tools used, including the pitchfork. Ms. Kellogg asks did Mr. Lopez get a pitchfork; yes. He states Mr. I..,opez was just standing and not doing anything, but obviously upset. Ile left, and didn't say where lie was going. Sam carne by and asked "where is Carlos"? Mr. Lopez came back with a pitchfork, and Sam came back by and talked to them. (Points to pictures/exhibits). States that Sarn was on the other side of them, but close proximity. Sam spoke to Mr. Lopez, and lie witnessed Sam telling Mr. Lopez that if he didn't want to work, their go home. Mr. Lopez then threw the pitchfork, and that's where it landed, on the catwalk. Ms. Kellogg asks if Mr. Lopez was angry, and lie stated yes, the entire time. Asked if he felt it was violent? Yes, lie felt it was. Mr. Lopez cross examines the witness. Mr. Lopez asks about the checklist. Mr. Lopez stated isn't it customary to input into the computer? Mr. Lopez stated that he was in training, therefore learning. Mr. Garcia stated that it was the way it was mentioned to him, two or three hours later, lie was angry. Mr. Lopez said "sir, I'm not asking you that or here to have as discussion". Mr. I..,opez asked if Mr. Garcia was confrontational to him. Witness said no, wily would I be confrontational to You? Mr. Lopez said "don't ask me questions, I'm asking YOU the questions"! Chairperson Bonilla redirects Mr. Lopez. Mr. I..,opez recounts the incident arid says he felt badgered by Mr. Garcia when Mr. Lopez told him to leave him alone. Mr. Lopez badgers the witness about the tools used, and what Mr. Garcia "remembers". Mr. Lopez tells the witness "don't ask me any questions"! Ms. Bonilla redirects. Mr. Lopez ends his questioning by saying; he was never trained. Witness is released. Ms. Kellogg called as a witness Joe Castaneda, and asks hire to state his name, title,Job duties. She asked about his first encounter with Mr. Lopez. It was making idle talk about plans for the weekend. Mr. Lopez mentioned had a problem and Joe differed a Suggestion. Mr. I..,opez got extremely upset about this, and lie was very aggressive. Ms. Kellogg asks about what people told him about Mr. Lopez. ObJection to this as hearsay, and objection was upheld. Ms. Kellogg asked if Mr. Lopez was a "hothead". Yes. Ms. Kellogg asks about the license held by Mr. Lopez. Joe stated that since Mr. Lopez was licensed, they should utilize him to rotate the weekends. Mr. Lopez confronted him about that, approached him about butting into his business, voice escalating; said than "you're a nobody" at the other plant; Witness states he had to walk away because lie felt threatened, but Mr. Lopez followed hire and badgered him. Mr. Lopez was yelling at him. Ile tried to de- escalate the situation, and had to walk away. Ile reported it to Ray Reyes, but then Ray left the City and was gone. Ms. Kellogg asked if lie had stayed, did lie feel that it would have become physical. Yes said the witness. Mr. Lopez cross examines Joe Castaneda. Ile asks the witness if he remembers what he said. Witness repeats what he said. Tells witness to "listen, do you hear me"? Mr. Lopez says that incident never happened, and that Mr. Castaneda was lying. fie asks witness about the weekend schedule. Witness answers. Mr. Lopez is redirected by Chairperson Bonilla, to ask a question. Mr. Lopez tells the witness "I don't want to argue with you". Mr. Lopez asks the witness about following him, and if` he remembered that. Witness describes the incident where Mr. Lopez hallowed him all the way rip to a certain point. Mr. I..,opez had to be redirected again, and then stated he was done with the witness. Witness excused. Ms. Kellogg called witness Deaanna. Galan, asks her title, job duties, etc. Ms. Kellogg asks about and shows the written witness statements about this incident, and she offers them into evidence(exhibit#6), no objection from Mr. Lopez, and offered into evidence. Ms. Galan agrees that these are true and correct copies. Ms. Kellogg asks witness if she is familiar with the city's workplace violence policy. Yes. Ms. Kellogg asks what her recommendation with this incident was after the investigation. Witness states termination, based oil other docaunnentatiorn/reprimands that were oil file. Mr. Lopez asks witness about the reprimand oil file. Redirected by Chairperson Bonilla to ask the witness a question. fie has no further questions. City rests. Chairperson Bonilla tells Mr. Lopez it is his opportunity to call his witnesses. He tries to explain his side, and he is redirected by Ms. Bonilla to call his witnesses. Ile states lie wants to call Mike Castle. Mr. Castle is asked how long he has known Mr. Lopez, and about the rapport between the two. Witness states he got along with Mr. Lopez. Mr. Lopez asked for his recollection of that day. Witness tells his recollection of cleaning contact chambers, and states Mr. Lopez had the pitchfork. He stated that lie believed that "you" threw the pitchf*ork down. Mr. Lopez stopped the testimony, and asked f:or the details before the pitchfork. Mr. Lopez realizes that Mr. Castle's recollection is not the same as his about the tools used by each man. Mr. Lopez asks about tine carrying of the cans`? Witness states that yes, they carried the cans. Chairperson Bonilla redirects Mr. Lopez not what you remember, it's wheat the witness remembers". Mr. Lopez asks about,the sharing of a pitchfork? Mr. Castle stated he didn't rennennber that. Mr. Lopez had no further questions for witness. Witness excused. Ms. Bonilla asks il'Mr. Lopez wants to call hinnself as a witness, he states no, lie rests. Ms. Kellogg offers closing statements. She reiterates the workplace violence policy, and that employees should not fear coming to work. Mr. Lopez states in closing that the allegations that lie threw the pitchfork, people portraying him as a hothead; these witnesses here...not sure if I have a disability, but I do talk loud. "That's my nature, and I mean nothing by it. It's how I speak. I'm sure you have witnessed it, and I'm being Judged by it. I'm a nobody compared to these supervisors that have been here many years. I've been here about a year and a half, but at my age I'm not as able to do what others do. Regardless of what happens here, I hold no grudges and appreciate the opportunity to give my Side. 10:55 Closed Session, called by Chairperson Bonilla. 11:09 bask on the record. Motion was made to uphold the termination by Leslie Vsilides, and seconded by Catherine Lutz. Chairperson Bonilla announced the Board's decision to uphold the termination of Carlos Lopez. 1 1:10 Meeting concluded and closed by Chairperson Bonilla. Susanne Bonilla, Chairperson Catherine Lutz, Member Civil Service Board. Civil Service Board � r Leslie V irides, Member ► anrnci. Chat Tan, Secretary Civil Service Board Civil Service Board CERTIFIED AGENDA. CITY OF CORPUS CHRISTI CIVIL SERVICE BOARD CLOSED MEETING BOARD MEMBERS PRESENT: _ _Susanne Bonilla, Chairperson __. Catherine Lutz, Member Leslie Vlisides, Member I. Announcement: of Chairperson of(late and time of c.ommencerrrent of Closed. Session: DATE: __. TIME: II. Subject Matter: Closed meeting pursuant to authority granted in Section 551.074, of The Texas Open Meeting's Act to discuss the following subject(s): r III. Announcement by Chairperson of date and time of ending Closed Session: DATE: - -- - -- .. TIME: ---- — IV. Subsequent action on subject matter: I HEREBY CERTIFY that the foregoing is a true and correct record of the agenda and proceedings of the Closed Session meeting of the Civil Service Board, City of Corpus Christi, held on the -- _-- day of _ 2014.. Susanne Bonilla, Chairperson Leslie Vlisides, Member Civil Service Board Civil Service Board Catherine Lutz Member y t a. � -_, amine B. Chapman, Secretary Civil Service Board .. vil Service Board Is/farms/Closed Meeting, Form - Board