HomeMy WebLinkAboutMinutes Civil Service Board - 06/06/2014 MINUTES
563rd CIVIL SERVICE BOARD HEARING
1201 LEOPARD ST., CITY HALL
HUMAN RESOURCES CONFERENCE ROOM
June 6,2014
BOARD MEMBERS PRESENT: CITY STAFF PRESENT:
Susanne Bonilla, Chairperson Sylvia Guzman, Employee Relations Manager
Catherine E,utl, Member for Yasminc Chapman, I-iR Director
I..,eslie Vlisides, Member Janet Kellogg, Asst. City Attorney
Commander Todd Careen, CCPD
Tina Bclock, I IR Analyst
Chairperson Bonilla called the 563rd Civil Service Board hearing to order at 9:00 a.m. Chairperson
Bonilla read agenda Item #I and Item #42.
ITEM ##1 Review and approve the minutes of the 562nd Civil Service Board hearing
held on May 9" 2014.
ITEM 42 Review and consider the appeal filed by Javier Zapata, Control Officer
with Animal Care Services, for his termination.
Chairperson Bonilla swore in the witnesses. Chairperson Bonilla asked if anyone wished to invoke the rule.
Attorney Jon Brooks invoked the rule, witnesses were sworn in by Chairman Bonilla, and they were sent to the
lobby to wait their turn to testify.
Chairperson Bonilla asks the board members if they have all reviewed the minutes (Item #l) from the 562"
CSB, and made a motion to approve. Minutes were approved.
Chairperson Bonilla reads Agenda. Item #2.
Assistant City Attorney Janet Kellogg made her opening statement. She states we are here today to hear the
appeal of the terrrrination of Javier Zapata. Explains why Ile was terminated, his poor work performance, prior
discipline, and explains about the Animal Care Service procedures which have not changed. She explains that
Animal C;'are Services (ACS) was taken over by CCPD, and that all employees had training and signed off on
any new procedures. She states there were many positive changes, however no changes to basic procedures.
Mr. Jon Brooks made his opening statement. fie states Mr. Zapata was an I I year employee, and did have a
disciplinary file. I lowever, they were all minor infractions, example being a minor bump of vehicle into a pole
in which he gat written up. Explains there were many directors that came and went throughout the years, but
that Mr. Zapata outlasted all. Ile explained that policies were changing oil a weekly basis. Said there were two
incidents which ultimately led to termination. Dec. 13, 2013, related to how Mr. Zapata recorded the
euthanization of two pets. Mr. Brooks states everything was done properly, except recording it electronically.
Mr. Zapata admits that he forgot, but many employees have done the same. 'file other incident Dec. 15, 2013,
was that Mr. 'Zapata received a.dog bite call. Mr. Zapata went on the call at 10:10, gets information, returns to
ACS, records the information for the bite officer, and went home. Disciplined for responding at midnight,
which is not true. The policy has changed even after this incident. Points out Mr. Zapata received a pay raise in
Nov. 2013, performing well. They feel this is excessive discipline for an 1 I year employee.
Janet Kellogg calls Heather Iledrick as first witness. Ms. Kellogg asks name, title, how long with City. Ms.
Hedrick answers employed for approximately 1 1 months, Program Manager with ACS. When started what
were top priorities? Creating Standard Operating Procedures, organizing dept. What were told during the
interview? That the dept. was somewhat of a mess, and needed someone to come in and fix things. Were you
also organizing the personnel files? Yes. Witness states there were no written procedures or rules, there were
disorganized employee files. Cmdr(.4cen had already started organizing files.
Ms. Kellogg introduces U'Ahibit 1, Discipline Log, and asks if` Ms. Fledriek created this document. Witness
stated yes. Mr. Brooks states Ice's never seen it before, and wants it subject to cross examination. Exhibit
allowed into evidence.
Ms. Kellogg asked witness: When you reviewed Mr. Zapata's discipline file, did you notice a pattern? Witness
said yes, it boils down to poor work performance. Ms. Kellogg asked: When did you add discipline to his file?
Witness stated August 2013. Ms. Kellogg asked: What happened? Witness said staff meeting was held to
address gossiping in the workplace. She went over ethical business conduct policy, and all employees signed.
She encouraged positive teamwork etc. Five minutes after meeting, Kelli Ramos overheard Javier talk to
Christina and was gossiping. Ms. Hedrick counseled him and documented it on the log. Ms. Kellogg asked
about documentation from Aug. 26 and 29? Witness explained the Aug. 26 incident, where they were
scrambling for help. Mr. Zapata was found in break room, stated he was doing his log, etc. She did ask him
why wasn't he at his duty area'? I le asked if lie could work in AC, and she got fans for that area to address that
concern of employees. Ms. Kellogg asked about log entry on 8/29. Witness stated that he wasn't getting his
work done. The euthanasia list was not done on 8/23, and on 8/26 still wasn't done. Kennel Master said he had
no response for not completing his work. Ms. Kellogg asked did you hear about his poor work performance
from supervisors, and was he counseled'? Witness stated yes to both questions. Ms. Kellogg asked what was his
reaction to being counseled? Witness states that Mr. Zapata was rude to her, defensive, loud, Ms. Kellogg
asked if Mr. Zapata was scheduled to work night shift in Dec? Witness states yes, there was schedule change.
Danni didn't feel he was working rip to standards during the day, so they moved him to the evening shift.
Thought it would be better for him, less stress, self'development, go to self development class. Ms. Kellogg
asked what was his reaction to this shift change'? Witness: Ile didn't like it. He complained to his supervisors
and didn't like their answers. fie was trying to get a different result from each one. Ms. Kellogg asked if Mr.
Zapata was placed on a Performance Improvement Plan (PIP)? Witness said yes, he was.
Ms. Kellogg introduced exhibit #2, PIP. Chairperson asks if' any ob.jec'tions, Mr. Brooks says no. Exhibit
allowed into evidence. Ms. Kellogg asks what were the goals of the PIP? Witness states to help employee to
improve their performance and help them succeed. There are bullet points of things for him to improve upon.
Witness reads the areas needing improvement. Ms. Kellogg asks did Mr. Zapata continue to receive
complaints`? Witness says yes, there were still complaints about him. Ms. Kellogg asks why was he not
disciplined fir continuing this discipline`? Witness states she wanted to work with him and try to find solutions.
Ms. Kellogg introduced Exhibits 3, 4, 5, and 6. Ms. Kellogg asks if witness recognizes them. Witness said yes.
Chairperson asks any objections? No objections. Entered into evidence. Ms. Kellogg asks witness what are
these documents? Witness states 43 is policy/procedure euthanasia protocol by previous manager; 44 is
euthanasia issued in Sept. 2013 created by CCPD staff in place when she started, explained how to properly
euthanize; #5 is DMS log, used to document acknowledgment; 46 is email about SOP for bites/rabies to human,
with attachment bite procedure. Ms. Kellogg stars with 43, and asks her to read step #7. Witness reads step 7.
Ms. Kellogg asked if Mr. Zapata signed this`? Witness states yes. Ms. Kellogg refers to #4, and asks witness if
this is the current policy/procedure, and when (lid it go into effect? Witness states yes, and went into effect
Sept. 16, 2013. Ms. Kellogg asks her to read page 5. Witness reads. Ms. Kellogg asks if anything has changed
from 2009 to 2013 in euthanizing? Witness states only the brand name of drug being used. Ms. Kellogg asks if
Mr. Zapata signed acknowledgement, and witness says yes, it looks like he did on 9/24/13. Ms. Kellogg asks so
he knew how to properly euthanize? Witness says yes. Ms. Kellogg refers to exhibit #6, and asks if this is the
bite procedure, and did Mr. Zapata acknowledge? Witness says yes. Ms. Kellogg asks witness to read # 9.
Witness reads # 9. Ms. Kellogg asks about first two purges of the bite procedure. Witness states process has
been the same, only now it's written down. Ms. Kellogg asks about mandatory staff meetings, and if so how are
employees notified of these meetings? Witness states yes, by email and now by calendar, as well as note by the
time clock. Ms. Kellogg asks if there could be discipline for not attending these meetings? Witness said yes.
Ms. Kellogg asked if Mr. Zapata was at every meeting? Witness replied no. Ms. Kellogg asked was he
disciplined or could he have been? Witness says yes he could have been, but no lie wasn't. Ms. Kellogg asked
about the ending of I'll' in Nov. 2013, did he continue to have issues? Witness stated yes.
Ms. Kellogg enters into evidence Exhibits 7-9, asks witness if she recognizes these. Witness states yes. No
objections and they are allowed into evidence by Chairperson Bonilla. Ms. Kellogg refers to exhibit 47, Dec.
2013, Contemplated Letter. Ms. Kellogg asks what happened or why was Mr. Zapata given the contemplated
letter? Witness states that he failed to complete the bite case, didn't document as he was supposed to, ern the
15`x' of Dec. lie failed to document euthanasia of two kittens. Ms. Kellogg asked if she met with Mr. Zapata
after she issued the conterplated letter. Witness said yes, she net with Mr. Zapata and Cmdr. Green in Cmdr.
Green's office. Mr. Zapata gave a rebuttal letter at that meeting. Ms. Kellogg ref=erences the rebuttal letter and
asks if procedures have changed? Witness said no. Ms. Kellogg asked witness to read #2. Witness reads
rebuttal item #2, Ms. Kellogg asks if Mr. Zapata was explained the duties of a euthanasia tech? Witness said
yes. Ms. Kellogg asks if' Mr. Zapata understood his duties, why was lie continuing to ask "who do I do" `7
Witness states that Mr. Zapata constantly asked what am I supposed to do. Ms. Kellogg asked witness if this is
one of the things that went into the discipline when Mr. Zapata was sitting around with nothing to do`? Witness
said yes. Ms. Kellogg asked after reading the rebuttal letter, did you determine the need to terminate Mr.
Zapata? Witness said yes. After meeting with Cmdr. Green that was our decision. Ms. Kellogg asks if witness
if familiar with Rules and Regulations of the C;SB? Witness says yes. Witness is asked to turn to page 15 and
read: Witness reads 4, 5, 6, 7, 11, 27 as asked. Ms. Kellogg asks if Mr. Zapata has violated these rules`?
Witness says yes.
Mr. Brooks cross examines witness. lie asks if'Ms. Hedrick is familiar with the gossip policy`? Witness says
yes. Mr. Brooks asks what is the discipline? Witness states the discipline. Mr. Brooks asked witness if this is
true for all employees? Witness states it depends on the supervisor and how they want to handle a situation.
Mr. Brooks asked is there a policy that states what you just said`? Witness states not sure. Mr. Brooks refers to
exhibit #1, and asks when did she prepare for it? Witness states on or about 8/7. He said the entire thing'?
Witness states she would work oil them as she could. Mr. Brooks points to bullet point of 8/7/13,
documentation of gossiping in workplace. Asks witness to show where that is documented. Witness says yes,
it's email documentation. Mr. Brooks asks if this is an exhibit? Witness says it's her document. Ms. Kellogg
states that she didn't want to bombard the Board with exhibits, but she does have that email. Mr. Brooks asks if'
Mr. Zapata was given documentation about disciplines`? Witness states yes. Mr. Brooks asks if there is written
documentation from the August 2013 disciplines'? Witness said yes, email sent to supervisors. Was it sent to
Mr. Zapata'? No. Mr. Brooks asks about Aug 2013 "rude behavior toward kennel master", any written
documentation given to Mr. Zapata? Witness states no, it was discussed with him. Not in writing. Mr. Brooks
ask about written documentation 8/30 over failure to outcome euthanasia? Witness says yes, part of PIP.
Anything given to Mr. Zapata? She didn't, but a supervisor did.
Mr. Brooks admits into evidence all his exhibits, and presents them at one time. Ile identifies exhibit. Z19, the
ACO log. Asks witness what into is in this log? Witness states that control officers document activity of the
day. lie asked who prepared it? She states she thinks Mr. Zapata. lie asked if' she has seen this before.
Witness states no, supervisors usually review daily logs. Mr. Brooks refers to an entry'? lie asks what would
this last entry would relate to'? She reads the entry of 10:14 PM. Mr. Brooks asks what does that mean to her?
She states what is in the log. Mr. Brooks refers to exhibit#9. He asks the witness to refer to the third page, and
asks where is the case # for the bite case`? Witness reads. Mr. Brooks asks about exhibit 19, and asks if same
case'? Yes. Mr. Brooks asks witness to refer to the termination letter, which states that Mr. Zapata responded to
that call at approximately midnight. Witness acknowledges that she prepared this letter. Mr. Brooks asks why
didn't she give FIR the logs, if you provided HR the documentation to prepare the termination letter? She states
that she didn't have the log. Mr. Brooks asked did you ask Mr. Zapata for this log, or did you review this log to
prepare exhibit 9? Witness states no, she did not. Mr. [gooks asks if this log refers to the time Mr. Zapata
arrived, which is different from the time (midnight) that was o►7 the termination letter? Witness acknowledges
the difference in time. Mr. Brooks asks witness where she got that information that Mr. Zapata arrived at
midnight'? Witness responds from his supervisor. Mr. Brooks asks if' she asked Mr. Zapata what time he
arrived? Witness stated yes, she asked him but she doesn't recall what he said. Mr. Brooks asked where the
supervisor got the information from? Witness stated from the log. Mr. Brooks said "so you are stating it is
from the dispatch log". Mr. Brooks said you didn't look at this log? She stated she doesn't know if it was done
after the fact. Mr. Brooks asks if there is another way to do these logs'? Mr. Brooks asks if the log is done
electronically? Do they have the tools out in the field to record the log electronically? Witness says yes they
have a laptop to use. Mr. Brooks asks again what time slid Mr. Zapata tell you that he got there`? Witness says,
not sure, but she didn't believe him. Mr. Brooks asks then you believe he got there at midnight? Witness said
yes, on or around midnight. She doesn't want to call him a liar, but she doesn't feel that is accurate based oil
what the supervisor told her. Mr. Brooks asks if he got there at 10:14, would that be timely? She said yes. Mr.
Brooks asks if she has any record of the time he got to the hospital. Witness said no.
Mr. Brooks asks to enter into exhibit#19; .Janet Kellogg objects as this is not a city record and they haven't see
it. She says no way to verify it. He states it was from the City, and Chairperson allows exhibit. He asks
witness what this is, and who prepares it'? She states that it is the report from Chameleon software on bite cases,
prepared by anyone. hle asks who typically enters this information'? She staged anyone with access, not just the
city. Ile asks witness to the last page. Witness reads it is the Spohn South form received from the hospital
regarding the victim, ,Janet Kellogg objects to the document as a confidential document with SS numbers, and
should not be entered. He withdraws the evidence, and agrees to that. Mr. Brooks asks if Mr. Zapata. did
investigate the bite case'? Witness says yes. Mr. Brooks asks to look at the document and what is the
Chameleon number? Witness reads, and acknowledges the document. Mr. Brooks asks what is incomplete
about this report`? Witness states that Mr. Zapata had to come in and complete an incomplete report. She states
that the original report only had a name, and very little information. Mr. Brooks asks if she brought the
incomplete report, or documentation? Witness said, no. Mr. Brooks refers to exhibit#G. Asks witness to refer
to the last page, #4. Asks witness to read. Witness reads, and is asked what does "after hours" mean? She
answers. Mr. Brooks asks would lie be expected to complete bite case at that hour`? Witness states oil yes. Mr.
Brooks asks regardless of the time they go to the house? Witness says yes. Mr. Brooks asks if there is a policy
that says that'? Witness says give me a minute to review policies in front of nee. Witness reads from policy and
states it means no matter the time. Mr. Brooks asks what is the meaning of the after-hours procedure for the
bite procedure'? Witness responded in order to ensure the bite officer is informed any time there is a bite. Mr.
Brooks asks again about the inconsistency in the timing, that she didn't investigate further, that she did nothing
else to confirm. Witness states no, that she has staff do that for her. Mr. Brooks asks other complaint was that
lie didn't pick r►p the dog that night. Witness said that's not what I said. Witness said lie didn't follow
procedure, didn't finish the report. Witness reads what it actually says. The case report was not completed.
Mr. Brooks asks about the reasoning''? She reiterates the incomplete report.
Mr. Brooks asks about the Dec 15 kitten euthaniration. He asks witness if the complaint is that Mr. Zapata did
not outcome the kittens in Chameleon? She states yes. Mr. Brooks asks if there is a law for this'? She states
yes, the documentation is both written and electronic for checks and balances. Fie states the only thing he didn't
do is outcome in chamelcon? Mr. Brooks asks about other employees failing to document in chameleon'? She
states a few isolated incidents. Witness states she doesn't know. Mr. Brooks asked how she knew about this
one? Witness stated Danni, kennel master, told her, in all email. Mr. Brooks asks if' she has that email?
Witness states she slid not bring it. Mr. Brooks asked if Mr. Zapata was asked about it, and lie said was
defensive and accusatory. ]'his was documented in the PIP, stated the witness, #2. Mr. Brooks asks about
month prior to discipline? Was lie performing satisfactorily? She stated average. Mr. Brooks shows exhibit A,
various forms showing salary increases, etc. Witness explains what the step plan documentation is. Mr. Brooks
asks the date and if she certified it. She stated yes. Mr. Brooks stated that she could have said no to the salary
increase. Witness stated that she could have, but didn't. He was average. Mr. Brooks asked about previous
discipline history.
Mr. Brooks asks to admit exhibit, and a is admitted as #20. Witness states this is a reminder to staff to review
documentation in Chameleon. Mr. Brooks asks if there was a problem with documentation'? Witness states that
it's important for owner documentation and make in attempt to contact, etc. Asks again if there was a problem'?
She states yes, she wanted more information. Mr. Brooks enters exhibit 26. No objections. I lowever Janet
Kellogg ol7lects to #28 as it was after the event. Chairperson allows exhibit. Asks witness what is this
document:? She states that Javier messed up, and she did not want othcrs to repeat it. She stated she didn't want
others to turn in incomplete reports. Mr. Brooks risks was Mr. Zapata bite case incident caused that email to be
sent the very next day? She said yes. Mr. Brooks asks if'procedures changed? She states no. Mr. Brooks asks
her to explain what it meant if it wasn't changed`.? She states that she tried to make it a neater, more clear, more
formal and easier to understand document for all employees. The actual content never changed. Mr. Brooks
asked if other others had the same problems'? She stated no, but she wanted to reaffirm with staff. Mr. Brooks
asked had it not been for bite case on the 13°i and the 15`x' if lie hadn't done those things, he would not have
been fired? She stated that if he had followed procedures, he would riot have been terminated?
Ms. Kellogg asks witness about the email with the bite procedure. Witness is asked to read #9 and compare to
#9 on exhibit 6. Witness reads as requested. Ms. Kellogg asked was the ACO always be responsible for
contacting the owner and bite victim? Witness stated yes. No further questions.
Chairperson Bonilla calls for a ten minute break at 10:40.
Chairperson Bonilla back on record at 10:50.
Janet Kellogg calls E,dward Cruz as witness and asks him to state name, title, etc. Ms. Kellogg asks who trained
him'? Witness stated Javier Zapata. Asked if lie did a good job training? Ile stated yes, when lie was awake.
Ms. Kellogg asked if" Mr. Zapata trained him on policies, document? Witness states yes. Ms. Kellogg asked
when did documenting in computer start.'? Witness states when Ms. Hedrick came on board. Ms. Kellogg
shows exhibit bite case to him, asks to verify. Witness says yes. Ms. Kellogg asks his current position and
when was lie promoted? Witness replies approx. Feb. Ms. Kellogg asks if he supervised Mr. Zapata? lie
stated yes. Ms. Kellogg asked if lrc met with his control officers? Witness states yes, lie wanted the veteran
employees to mentor the newer employees. Ms. Kellogg asked him how did Mr. Zapata respond? Witness said
negative attitude. Ms. Kellogg asked what is #1 priority for AC? Witness says bite cases. Ms. Kellogg asks
about the bite officer, and if they know which is priority. Witness states yes, they should know. Ms. Kellogg
asked if procedures have changed when Ms. Hedrick came in? Witness states more accountability, but
expectation has always been the same. Ms. Kellogg asks how to get information on bite? Witness states from
make contact with victim. Ms. Kellogg asked are dogs always quarantined? He states yes. Ms. Kellogg asks if
Ile ever counseled Mr. Zapata about incomplete reports or problems'? Yes, said witness. Ms. Kellogg asked
about 12116, if witness remembers that Mr. Zapata did not complete a report. Witness said yes, and shared what
was told to him by Will Rhodes, bite officer, about incomplete report.
Ms. Kellogg introduces exhibit #/ 10 into evidence, chameleon report. Evidence is allowed. She asks witness
about the log, and asked if Mr. Zapata had time to complete the call after 10:14? Witness states yes, he had 1.5
hours. Ms. Kellogg asked witness to read the last paragraph of contemplated letter. Witness reads as requested.
Ms. Kellogg asks him to read from the rebuttal letter. Witness reads. Ms. Kellogg asked witness if Mr. Zapata
contacted the victim. Witness said no. Ms. Kellogg asked was the report complete'? Witness said no. Ms.
Kellogg asked if it violated policy'? Witness said yes. Ms. Kellogg asked oil Dec 15, did Mr. Zapata have a
computer in his vehicle'? Witness said yes. Ms. Kellogg asked witness if"Mr. Zapata could have completed the
report in his vehicle, before midnight. Witness said yes.
Ms. Kellogg enters exhibit 412, Google nrap, and the dispatch log. Witness stated that Mr. Zapata had the
ability to enter all data needed in his vehicle but didn't. Ms. Kellogg pointed out the google neap from the
hospital to the AC office, which showed victim's house on the way. Ms. Kellogg asks if Mr. Zapata had the
ability to know how to get to the victim's house that night? Witness stated the system would actually map it for
him. She asks witness if Mr. Zapata could have gone to victim's house'? Witness said yes, on his way back to
the office. lie didn't even call the victim that night. Ms. Kellogg asks what information did Mr. Zapata leave
for bite officer? Witness responds. Ms. Kellogg asks about how the memo field works. Witness explains how
the notes show in the system for clarification oil the notes. Ms. Kellogg asks about what was missing in the
report to the best of his knowledge. Ile stated the report was incomplete, and Javier had to complete it later.
Ms. Kellogg asks witness about the euthanizing of two kittens. Witness stated he noticed a problem with these
two cats, and even called Mr. Zapata at home to find out if' he had euthanized those kittens, as they weren't
outcome in the system. W itness stated that he showed Heather that the procedures weren't fol lowed and asked
how many times were we going to give him second chances'?
Mr. Brooks crosses witness. Mr. Brooks asked if Mr. Zapata trained him? Did lie train you well, properly'?
Witness states when he wasn't asleep, but for the most part yes, he trained hire ok. Mr. Brooks asks about the
bite case. Mr. Brooks asks if witness talked with Ms. I ledrick? Witness states yes. Mr. Brooks asks if he ever
told Ms. Hedrick that Mr. Zapata responded to the call at midnight.? Witness said no, however by the '
documentation it looks like Mr. Zapata closed it out at midnight. Mr. Brooks refers to exhibit 19, activity log,
paper. Asks witness ifthis is ever compared to what is entered into computer. Witness stated handwritten yes.
Mr. Brooks asked how an officer would access Chameleon? Witness answered electronically, oil the computer.
Mr. Brooks asks if someone was fired, would they have access? Witness says that only employees have access
to our system. Mr. Brooks asks if Mr. Zapata did everything right except an incomplete report'? Witness states
that Mr. Zapata didn't contact the victim. Mr. Brooks asked hire did he ask Mr. Zapata the reasoning why lie
didn't finish that night? Witness said no, but from the rebuttal letter he knows. Mr. Brooks asked if" he
followed up with him? Witness said no , Ire wanted to get that report completed. Mr. Brooks asked anything
else? Failed to make contact with the owner, or finish the report, didn't get description of the dog. Mr. Brooks
asked how many officers did he supervise in Dec. 2014? Witness says 14. Mr. Brooks asks if other officers
made mistakes in reporting? Witness says yes, but we want documentation why it was incomplete? I le did not
leave any notes as to why, no sticky note, nothing. Mr. Brooks asked when Mr. Zapata was told to complete,
did he? Witness said no, Mr. Galenzoga finished the report for him. Mr. Brooks asks if ever was there
incomplete bite reports? Not sure said the witness, as he is not the bite officer. Mr. Brooks asks if witness had
authority to issue discipline? Witness said yes, and explained how.
Mr. Brooks asks this witness about kitten issue. Mr. Brooks asked if witness instructed Mr. Zapata to euthanize
the kittens. Witness says yes, and explained the day. Mr. Brooks asked if"Mr. Zapata was the best that you
had`? Witness said yes, he was good at it. Mr. Brooks asked when did you learn they weren't euthanized?
Witness stated that there was an inventory problem alerted to him by Danni on his day off. When he came in to
work on Tuesday, he realized these were the kittens that Mr. Zapata had been told to cutlia►7ize. Ile realized that
they had not been outcome. Mr. Brooks asked so, the only thing Mr. Zapata did wrong was to not outcome the
kittens'? Witness stated not sure. It's a federally regulated drug and Mr. Zapata should know how to record
because he could go to jail if it's done wrong.
Ms. Kellogg asks witness if they called him on his day off about this? Witness said yes, it's very important to
keep good inventory.
Ms. Kellogg called Danni Alcantara as a witness, and asks her to describe her name, title, ,lob duties, Ms.
Kellogg asked witness about the procedure for Euthanization. Witness stated document oil kennel card,
logbook and chameleon. She generated the euthanasia list.
Ms. Kellogg presents exhibit 13, and no objections. Exhibit allowed. Ms. Kellogg asks about this document,
and email from her to Mr. Zapata. Witness explains the email was sent because animals were in inventory, but
not present in kennels. She explained that she did an audit and found mistakes back in July, and took measures
to make sure that mistakes were dramatically reduced. Mr. Zapata did not follow procedures. Ms. Kellogg asks
why important to follow procedures, witness stated that the fatal plus drug is federally regulated. 'There must be
accountability for both drugs and animals.
Mr. Brooks crosses, and asks witness who trained her as control officer? She states Edward Cruz. Mr. Brooks
asked her how many does she supervise'? She slated 10. Mr. Brooks asked in 2013, who was responsible for all
euthanasia. Witnessed responded E3ustos. Mr. Brooks asked why then, was Mr. Zapata asked'? Witness
responded all officers are trained in that duty, for weekends or after hours. Mr. Brooks asked in 2013, how
many knew how to euthanize? She stated approx. 12 people. Mr. Brooks asked if she reviewed the
euthaniz tions, and she stated yes.
Chairperson Bonilla states we will now go off record fc")r lunch, and resume at 1:00.
Chairperson Bonilla states back on the record at 1:00 PM to resume.
City calls Ray Galenzoga, and Janet Kellogg asks about his name, title, duties. Ms. Kellogg asked witness
about procedures of a bite case, and have these procedures changed. Witness stated yes, now we have to take
pictures and witness statements. Ms. Kellogg refers to exhibit 6, and asked if this is the procedure used?
Witness stated yes. Ms. Kellogg asked if he was trained on this procedure? Witness said yes. Ms. Kellogg
asked how'? Witness said through n7ectings. Ms. Kellogg asked how was he notified of meetings? Email said
the witness. Ms. Kellogg asked if he worked nights and still came to the mandatory meetings? Yes said the
witness.
Mr. Brooks crosses the witness and shows him the call log exhibit 19-20. Asked witness Wile remembered the
date that he made the note? Witness said yes. Mr. Brooks asked if late at night, do you pick up dogs that late?
Yes, said the witness. Mr. Brooks asked if he ever forgot to put something into chameleon. Yes, corrected it
right:away though said witness. Mr. Brooks asked have you ever been disciplined for forgetting'? No stated the
witness.
City calls Commander Todd Careen. Janet Kellogg asks witness what changes have been made. Witness
responds a lot of positive changes. Image, uniforms, changed the euthanization rate (lowered it drastically),
purchased cell phone and laptops for field officers. Ms. Kellogg asked him what are the basic services and have
these changed? Witness says to provide services to the animals and community. Some aspects positive
changes. Ms. Kellogg showed Mr. Zapata's discipline history and asked why documentation is important.
Witness responded that it's very important:.
City Rests.
Mr. Brooks calls Ray DeLeon as first witness, and asks if Mr. Zapata trained him'? Witness says yes. Was he
easy to get along with? Witness says yes. Mr. Brooks asked are you aware of EU procedures? Yes. Did You
ever forget to outcome in the system? Witness said yes. Mr. Brooks asked have you ever been disciplined for
it? Witness said no. Ever been verbally warned? Yes. Mr. Brooks asked are you understaffed and
overworked? Yes said witness. Laver had a late night bite case? Yes said witness. Fiver seen the log sheet #19?
Yes said witness. Ever seen or created these? Yes said the witness.
Mr. Brooks calls Kathy Dunlap as witness. lie asked why she is leaving ACS? She states favoritism, politics,
bullying from upper management. Mr. Brooks asked did Mr. Zapata train you? Yes. Were you warned or
disciplined in writing for not inputting; into chameleon in a timely manner? Witness stated no.
Mr. Brooks calls Mr. Zapata, asks about length of employment. Witness responds 1 1 years. Mr. Brooks asks
how many directors in that time? Witness states 4 or 5. Mr. Brooks asks if he had performance evals every
year'? Mr. Brooks shows exhibit 3, last appraisal on record 2012. Mr. Brooks asked Mr. Zapata ever been
disciplined for chameleon or bite cases. Witness said no. Mr. Brooks asked about the discipline history.
Witness stated that they were disciplines for hitting a pole and euthanizing the wrong dog. Mr. Brooks said you
understand the importance of outcoming in chameleon? Witness says yes, but lie forgot. Mr. Brooks asked
what is routine procedure of bite case'? Witness responds with procedures. Mr. Brooks shows exhibits of bite
case. Mr. Zapata states that he got the into on the bite case from the face sheet at the hospital, which showed
wound to be minor, and that the victim knew the owner of the dog. Ile didn't make an attempt to call the victim
or owner that night, because it was late. Mr. Brooks asked if lie had ever gone to a victim's home after
midnight? Witness said yes, when a child got bit on a severe case. Family owned dog bit a child in the face.
Mr. Brooks showed exhibit 19, daily logs and asked about the last entry. Fle asked witness if he had ever
observed others not outcoming in chameleon. Witness said yes, frequently. Mr. Brooks asked, have any of
them been disciplined? Witness said not that he knew.
Chairperson Bonilla called for a break at 2:13, and resumed at 2:20.
Janet Kellogg crosses the witness. She showed him Exhibit with performance eval, and asks him to read the
areas of needs improvement. Witness reads as instructed. She asked him to look at the discipline log, and
shows him the letter of'suspension he received for habitual tardiness. Mr. 'Zapata said he didn't remember being
suspended. Ms. Kellogg asked him about the accident that lie stated was minor and doesn't exist, then showed
him the reprimand. Ms. Kellogg asked if lie remembered the date of the Euthanization of the kittens`? Ile said
12/15. She showed him the kennel cards and logs that show 12/14. She asked him the day of the week that lie
euthanized them, and if he worked the next day (Saturday or Sunday), why didn't he outcome them at that time?
She showed him the 111) log that showed on 12113, he did receive a call from PD for another case at
approximately 10:00 that he did not go on? Witness didn't recall taking that call. She showed him exhibits 14
and 15, and asked him why he didn't use his computer in his truck to finish his reporting? Witness stated that
the computers usually didn't work in the truck, so he didn't even try. She asked him why he didn't go out on
another bite call that. came in that night? And she asked him about his light duty not being authorized for light
duty, Witness couldn't answer that question.
The City rests.
Closing statements were made by both sides.
Chairperson Bonilla called closed session at 2:57 PM. Everyone left except the Board.
3:12 back on the record. Motion made to uphold the termination, Catherine Lutz and Leslie Vlsides aye,
Susanne Bonilla nay. Two to one in favor of termination.
3:13 hearing is over, meeting adjourned.
Susanne Bonilla, Chairperson Catherine l,utz, Member
Civil Service Board C:'ivil Service Board
Leslie Vlisides Member -- Yasmine B. C. a mai cret
Civil Service Board Civil Service Board