HomeMy WebLinkAboutMinutes Civil Service Board - 08/29/2014 MINUTES
565th CIVIL SERVICE BOARD HEARING
1201 LEOPARD ST., CITY HALL
BASEMENT TRAINING ROOM
August 29,2014
BOARD MEMBERS PRESENT: CITY STAFF PRESENT:
Susanne Bonilla, (1hairpersom Sherri Eldridge, Sr. FIZZ Analyst
Guy Nickleson, Member for Yasrnine Chapman, I IR Director
Paul Grivich, Member Janet Kellogg, Asst. City Attorney
`fasminc Chapman, I IR Director
Tina Belock, IIR Analyst.
Chairperson Bonilla called the 565th Civil Service Board hearing to order at 9:O8 a.m. Chairperson
Bonilla read agenda Itern #1 and Item #2.
ITEM #1 Review and approve the minutes of the 564th Civil Service Board hearing
held on June 20"', 2014.
ITEM #2 Review and consider the appeal filed by JoAnna Serna, l lurnan Resources
Technician with 1-1unran Resources Department, on her termination.
Chairperson Bonilla swore in the witnesses. Chairperson Bonilla asked if anyone wished to invoke the rule.
City Attorney Janet Kellogg invoked the rule, witnesses were sworn in by Chairman Bonilla., and they were sent
to the hallway to wait their turn to testify.
Chairperson Bonilla asks the board members if they have all reviewed the minutes (Item #1) from tine 564'x'
CSB. Motion was made, and minutes were approved.
Chairperson Bonilla reads Agenda Item #2.
Assistant City Attorney .Janet Kellogg made her opening statement. Attorney David Bright made opening
statement for JoAnna Serna.
Janet Kellogg calls the City's first witness: Yasmrine Chapman, Director Hunian Resources, and asks her to
state her name,job title, etc.
Question: Are you responsible for enforcing Rules and Regulations ol`(,SB? Answer: yes. Ms. Kellogg asked
witness to -cad page 15, 44, 9, 11, 27, :31; witness reads. Ms. Kellogg presents exhibits 1 and 2, contemplated
and termination letters, no objection to the exhibits. Question: Was Ms. Serna terminated for violating the code
of ethics? Answer: yes.
Mr. Bright crosses witness, and asked about Melissa Guerra's background check. Question: Was there was
anything unusual about this particular background check'? Answer: It was incomplete through First Advantage.
Question: Why didn't First Advantage information reveal criminal activity? Answcr: The information was
incomplete. Ms. Serna did not conrplete the background check. Question: Was JoAnna Serna incompetent all
six of her years with IIR? Answer: She was only in FIR for two of those years. Mr. Bright presents his exhibit
1, an email from Yasmine to David Anderson dated May 6, 2014. Witness identified it, and no objections to
exhibit. Question: What does this email refer to, the Melissa Guerra incident? Answer: yes. Question: What
other violations? Since the email states it should include other violations, they should be listed, and to add to
it.... what are you adding to`? Answer: the contemplated letter. Question: [lave you reviewed tier file for any
violations? Answer: no. Question: [lave you ever reviewed Ms. Serna's file. Answer: yes. Question: Was
there anything in her file? Answer: No. Question: Ilad she had prior counseling? Answer: yes, verbal.
Question: Was there any letter of reprimand in her file'? Answer: none found. Question: What counseling?
Answer: issues that were brought forth by her supervisors. Question: Was this documented anywhere?
Answer: No. Question: Was there anything in her file about rude behavior or complaints? Answer: No, but
there were emails to her supervisors about: this behavior. Question: What You see then, is nothing in the tile'?
It's fair to say? Answer: yes.
Janet Kellogg counters with Question: Was she terminated for Melissa Guerra? Answer: Yes.
Janet Kellogg calls second witness Misty Meadows, IIR Technician, and asks her state name,job title, etc.
Question: Did JoAnna assist you in training? Answer: yes. Question: I-low did she answer your questions?
Answer: kind of botherect. Question: She was your "go to" person? Answer: yes. Question: Did you attend a
staff. � f ►neeting with JoAnna? Answer: yes. Question: Did you send an email to David Anderson after the staff
meeting`? Answer: yes, because David asked me to send all email about JoAnna's treatment towards me at the
meeting. Ms. Kellogg refers to the email exhibit, and asked Ms. Meadows to read it out: loud. Witness read the
email. Question: So, this is your go-to person'? Answer: yes. Question: do you feel that JoAnna was creating a
hostile work environment? Answer: well, I'm riot sure hostile... Question: Did you enjoy coming to work
every day? Answer: No. Question: DO you handle Darks dept. that was previously JoAnna's? Answer: yes.
Question: Did JoAnna help answer your questions? Answer: yes, but I don't handle all of Parks requisitions.
Question: Was there issues with the hiring managers for Parks? Answer: yes,there were a lot ofcorrections and
changes that needed to be made after I took over the requisitions. Question: tell r►s about the process of hiring,
and at what point do you run a background check'? Answer: witness explains hiring process.
Mr. Bright crosses witness: Question: Did JoAnna train you? Answer: yes, she trained me. Question: Did she
do a good job training you'? Answer: at first yes, but then about a month and a half it started. Question: Did she
maintain this behavior early on`? Answer: no. Question: When was it mentioned to someone'? Answer: after
the meeting. Question: What was JoAnna trying to Communicate when she said what she did in the meeting'?
Answer: she was rude and taking a jab at me. Question: And, April was the first time you said something to
David? Answer: yes.
Janet. Kellogg then asked witness if she worked the front office first? Answer: yes, I worked Lip front and often
helped the recruiters to screen. Board Member Paul Grivich asked witness if she sent the email on a Sunday.
Answer: yes, because David asked me to write out s01110hing.
Janet Kellogg calls third witness Micliclie Ditch.
Question: Did you ever see Ms. Serna behave negatively towards anyone'? Answer: yes, customers and Misty.
Question: Did you ever see Ms. Serna roll her eyes? Answer: yes, during meeting she made snide remarks
towards Misty and then rolled her eyes. Misty carne and talked to me after the meeting. Question: flow did
JoAnna usually act at meetings'? Answer: Not listening. Question: Were you at the meeting with David and
JoAnna? Answer: yes. One time JoAmra came into sir meeting I was having with David, and asked about
routing all applicant for engineering. She routed applicants who did not meet qualifications to be routed. David
didn't know this, but the applicant had already been routed and was in offer status, but she only gave David half
the story. She didn't follow David's advice. Question: Did she violate policy then? Answer-: more procedure, I
think. Question: was she addressed about this at the time''? Answer: David talked to her about it, but lie wasn't
aware that there was a City Manager memo. Question: So he was not aware about this? Answer: no, he wasn't
aware.
Mr. Bright crosses witness. Question: I'm going to ask about Misty and the meeting. Were you in a meeting
prior to hearing, and coached about what questions were to be asked? Answer: rlo. Question: how did you
know about the "perfectionist" comment? Answer: Misty, we talked directly after the meeting and she told me
about it.
Janet Kellogg calls FOurth witness David Anderson, Iii Administrator and asks name, lob title, etc.
Question: laid you supervise Ms, Serna? Answer: yes, for about four months. Question: what are your duties?
Answer: witness explains his job is to oversee recruitment and selection, and now Infor protect. Question:
what is the process for hiring'? Answer: witness explains the process. Question: Does HR ever deviate frorl►
this process`? Answer: no. An example would be if a candidate was approved for Dire without a background
check being run, which was discovered after hire. Tuts. Kellogg enters exhibit 4-6, evaluations. Question: Did
you send email to JoAnna, and did you send out the adjudication matrix? Answer: yes. Question: why is the
evaluation date only for three months? Answer: because at the time, I was new in the position and only her
supervisor for that length of'time, and at that time, she got a rating of ME. Question: in January, did you get
new employees? Answer: I believe so, yes. Question: In January, did you start implementing the new Infor
system? Answer: yes. And JoAnna was to give tier input as a recruiter. Question: Was she your most tenured
employee? Answer: yes. I relied on her to provide me with her knowledge as a recruiter for the new system.
Question: did she give you good information? Answer: no. Question: Did she provide good customer service?
Answer: no, she did not. Question: Did she provide good training? Answer: no, she did not. Question: Did
hiring managers reach out to you to remove JoAnna? Answer: yes, they stated she was unprofessional,
unpleasant to work with, rude. Question: did you have a candidate call you? Answer: yes, because JoAnna had
told this candidate that she (JoAnna) was getting that job. Question: Did JoAnna volunteer to help with the
Infor project? Answer: yes. Question: Did she provide good feedback, or correct information? Answer: no.
Question: on her evaluation, on teamwork, you stated yes she was a good team player'? Answer: yes, at that
time trom what; 1 observed. But later, no she wasn't a team player. Ms. Kellogg shows Exhibit, email fronr
Misty. Question: What did you do with this email"? Answer: 'Talked to Misty, sent it to the Director, and met
with Employee Relations manager to ask Ior guidance on progressive discipline. But then, other issues cropped
Lip that were more serious in nature. Question: what were the reasons for hiring managers to come to You about
JoAmra? Answer: her rrnprolessional attitude. Question: Did she follow procedures? Answer: no. Question:
Do you feel she was running her own department? Answer: yes, lots of discrepancies were for►nd from the
departments. Ms. Kellogg referred to exhibit 5, email to JoAnna. Question: Who is Deanna Galan? Answer:
Hiring manager for Water dept., and that email is where I tun trying to get across the point that there, is a better
process that is fair and equitable process. Ms. Kellogg refcrs to exhibit 6, adjudication matrix. Question: "These
criminal history guidelines were created for a fair and consistent manner? Answer: yes, ar7ything disclosed orb
the application, they are to bring it to me for approval. Question: In April, were You aware of the hiring of a
candidate with a misdemeanor? Answer: no. Paul Grivich asked: Is First Advantage your only database'? Are
there other methods to obtain the background check? Answer: First Advantage is the outside vendor that we
use, and there is a process for other states outside of Texas to obtain the background information through First:
Advantage. Mr. Grivich asked: on a scale of 1-10, how would you rate their accuracy? Answer: 9.8% accurate
on a scale of 10.
Mr. Bright crosses witness. Question: First Advantage—did you reach out to there about issues'? Answer: yes,
1'or out of state backgrounds. Not about the accuracy, it was about the invoice. They go back ten years.
Question: I lave you used progressive discipline, an(] what does it mean? Answer: yes, counseling to influence
better behavior, written. Question: Progressive means over time. Answer: yes, 1 would say so. Question: Oil
the background check with Melissa Guerra. She had criminal past that was discovered after the background
check was run'? Answer: yes, before and after. Initially, and then after the report was run. Question: You did
not approve the hiring of' Melissa Guerra? Answer: no, it was not brought to me. Question: What was her
criminal history'? Answer: DLJI and theft. Question: Would DUI disqualify tier from employment, even if her
don't recall who said it, but 1 heard it Question: When it came t�� light, did it cause you disc friend? Answer: :
job didn't require driving'? Answer: es, per policy. Question: I low did You know it was her f
orraf�o�-t'? Answer:
No, more like disappointment. Question: When did that happen'? Answer: I believe it was in April or May.
Question: What time frame then? April'? Answer: yes. Question: bet's talk about progressive discipline, and I'm aware.
Question: in her file, is there a history of counselig? Answer:n7oeh history. I chose not'toagotont record ye
refer to exhibit 4. foes she have an NL" (needs improvement)
' g yet,
because I believe in talking to employees first before taking that step. Question: "]'here are no reprimands?
Answer: yes
sel befcrentakriNp that ic�7n:(,)uestion:r[7idwora r�rrima�d?l7c�verl�al:l yes, rbal. My style is to talk and
g step. y p y, Answer: yes. There were concerns
with tier behavior. In meetings, she would tell asleep, act bored, etc. After meeting, I verbally counselled and
reprimanded her. Question: So, there was no Pit' (performance improvement plan) then'? Answer: no.
Question: Aren't:you supposed to document these things? Answer: yes, if behavior doesn't change. Question:
Why wasn't this done'? Answer: Again, we were in the process of the progressive discipline, when other issues
arose about Melissa Guerra. Mr. [:aright refers to exhibit 3, the email From Misty. Question: Where in the time
frame does this fit with Melissa.Guerra? Answer: Before. Question: Do you remember the meeting with Misty
that resulted in this email? Answer: yes. Question: Do you take offense to being called a perfectionist`?
Answer: ersonally, no. Mr. Bright refers to Exhibit 1, the contemplated and termination letters. Question:
Was there anything in her file on progressive discipline? Answer: no. Mr. Bright refers to exhibit 5. Question:
what is file concern about this exhibit'? Answer: Prior to this email, I had provided the guideline for JoAnna and
the recruiters to teach and train the departments. Mr. Bright refers to exhibit EI. Question: C)ra May 6, this is an
email from Yasmine to you. Was there anything in this letter in her file? Answer: no. Question: Was there a
letter of reprimand in her file? Answer: no.
10:55 AM Chairperson Bonilla called a break
1 1:10 AM Hearing is back on record.
Janet Kellogg calls fifth witness Sylvia Guzman, Employee Relations Manager, and asks to state name,job title,
etc.
Question: In April, were you contacted by file Director of Municipal Court about Melissa.Guerra'? Answer: yes,
Kimberly Iozwiak contacted me because of a background conviction that was found upon their background
check. Question: did you conduct ail investigation into this'? Answer: yes. Question: was there another
investigation on JoAnna? Answer: yes, it was started by David Anderson. Question: when was this started`? It
was started on 4/9/14. Question: Was this investigation conapletcd? Answer: no. Question: Why'? Answer:
Ms. Serna was terminated prior to the conclusion of the investigation. Question: What were the allegations in
the investigation'? 1. Had she harassed Misty Meadows? 2. 1lad she used unprofessional remarks? 3. Did she
have unprofessional conduct? Question: What was the outcome of these allegations'? Answer: Allegation I was
complete, and yes she had harassed Misty. Allegations 2 and 3 were not complete. Ms. Kellogg shows witness
exhibit 7. Question: During investigation of new hire, did you review this application'? Answer: yes. Question:
On page 6, what is disclosed? Answer: Dt.11 dated 2/23/12. Question: (Shows adjudication guidelines), did you
review these? Answer: yes, and she should not have been routed per this disclosure. Question: was the
application sent anyway? Answer: yes. Question: Does the department get page 6 of the application? Answer,
no. Question: Was Ms. Guerra selected'? Answer: yes. Ms. Kellogg shows ex. 8, title background check.
Question: the New Mexico page 4 shows 4/10/14, vendor had emailed for more documentation to complete the
New Mexico background check. Cin 4/10/14, the First Advantage email gives detailed instructions for
completing the check. Question: ora page 4 of the background check, was the information submitted'? Answer:
no. Question: on page 5 of background check, it shows"I,X DPS D JI charge and conviction, which was already
disclosed on the application. Was the rnisdemeanor from the matrix recent'? Answer: yes. Question: was she
hired? Answer: yes. Question: Was the issue discovered by Municipal Court when they ran a background
check as well? Answer: yes. Question: During your investigation, it was revealed by Melissa Guerra to
Kimberly Jozwiak that there was a personal relationship to Ms. Serna? Answer: yes, Ms. Guerra told Ms.
Jozwiak that she knew Ms. Serna. Ms. Kellogg asks witness to read exhibit 11, ethics policy. Witness reads the
policy. Question: on page I of ordinance, please read 1 and 2. Witness reads. Question: Did these actions
violate the ethics ordinance'? Answer: yes.
David Bright crosses the witness. Question: What is the violation'? Answer: the personal nature of the
relationship. Ms. Guerra stated that she was surprised that she got this far. Question: How did you know this?
Answer: Ms. Jozwiak stated it. Question: Tell us about the First Advantage process. Answer: witness explains
process. Question: what is the timeframe...around April/May? Answer: yes. Question: Do you understand the
concept of progressive discipline? Answer: yes, and she explains progressive discipline. Question: look at
exhibit 6, and the list of offenses. DUI-Does this exclude a. person for hire if"in a position that doesn't drive?
Answer: it depends on the position.
City rests.
Mr. Bright calls first witness JoAnna Scrna, I IR Technician.
Question: Describe the background check and the process. Answer: witness describes the process. With
positions that are not driving positions, I usually don"t look at DUI or expired/no licenses. Question: Did you
run the background check t6r Melissa Guerra? Answer: yes, but I had to call tier to get more information. I had
contacted First Advantage because there was information needed, and they said that I needed to send a notarized
letter to them, so I called in Melissa Guerra to obtain the information. Then, I had to get the information
notarized by 1` oemi Perez and sent by certified mad. I went to David and got verbal approval to hire her, since
the New Mexico results Would take a while to come. back. He gave the approval to move forward with hiring
her without it. Question: Did you have a personal relationship to Ms. Guerra? Answer: loo, I had a
relationship with her sister Tina Cavazos back in high school, but I have not spoken to her sister in at least two
years. Melissa.Guerra is a very common name, so I had no idea of a connection to someone I knew. When she
came in to complete the New Mexico information for the background check, it's the first time I saw her. That's
when I realized that I knew her, because it is the first time I actually saw her in person. Previous to that, when
she came in for tier paperwork, I did not give it to her. Someone else did because I wasn't in the office that day,
or was out to lunch....Fill not sure where I was, but I wasn't there and hadn't seen her. Mr. Bright thanked the
Witness.
11:45 AM Chairperson Bonilla called recess.
11:55 AM back on record.
Janet Kellogg crosses the witness. Question: Are you the recruiter for the position that hired Melissa Guerra'?
Answer: yes. Question: the hiring packet doesn't exist? Answer: it should exist, and if"it doesn't, I'm not sure
why it doesn't. I would have no idea. I tried to get all records, but they weren't given to me. It should be in the
requisition folder.
David Bright asks witness: The requisition folder doesn't hold the hiring packet? Answer: no, apparently not.
Question: are you responsible for it being missing? Answer: no. Question: Was your relationship with Melissa
Guerra hidden`? Answer: no.
David Bright calls second witness Corina Saenz, Adnrinistrat:ive Manager with Gas dept.
Question: How long have you been with the city`? Answer: 29 years. Formerly a Senior FIR Analyst for 27
years. Question: Do you understand progressive discipline? Answer: yes. Progressive discipline is f>r°
performance issues, over time. Question: Are you familiar with JoAnna Serna? Answer: yes, we berth worked
i►7 FIR, but not really together. Question: Was she competent`? Answer: I don't know, we didn't really work
together. ("question: Did you have any complaints about her'? Answer: no.
Janet Kellogg crosses and asks witness: Is it possible to improve unethical behavior? Answer: I don't know, it
would depend oil situation. Question: Is it possible ifthe ethics policy was violated`? Answer: I don't know.
Mr. Bright calls third witness Deanna Galan, Superintendent of Administration, Water dept.
Question: Did you used to supervise JoAnna Serna? Answer: yes. Question: Was she a goad employee?
Answer: yes. Question: Did you ever have issue to counsel or reprimand her? Answer: She was given a verbal
counsel for tier attendance. Question: When was this"? Answer: I think in early 2013, she was missing taro
much work. It was the only time I needed to counsel her. QUest.iorr: Were background checks run on
applicants? Answer: yes. Question: was there a normal procedure for doing this`? Answer: yes. Question: Was
there an out of state procedure? Answer: yes, but each state is different in what they might require.
Janet Kellogg crosses witness. w est►o 7: In your position, any issues brought to Your attention about
JoAnna? Answer: Second hand or third hand customer set-vice issues.
Mr. Bright calls fourth witness Sylvia. Utley-May, MetroCorn Supervisor.
Question: tell its the procedure for background checks for Municipal Court.. Answer: the background packet is
brought to me to check, and I run the background check. Since Municipal Court and I'D share a building, then
all employees are subject to the same federal guidelines for background checks. Question: Did you ever work
with JoAnna Serna? Answer: yes, she was our tech, When we need applications, I call the tech. Question:
Was she competent? Answer: yes.
Janet Kellogg crosses witness. Question: the background check for Melissa Guerra. Was it the same as was run
for all employees to MC" and PD? Answer: yes, it would be but I don't remember that particular one since I run
so many. Question: Is there criteria for disqualification? Answer: yes. Class 13, 10 years no record. Class A-
never any form of'tamily violence. Even if it's disclosed, I have to run it anyway. Question: Did you send an
email to MC telling there that Melissa Guerra was not eligible`? Answer: yes, I would have if she didn't n►ect
the guidelines. Question: as the tech for MC and PD, Should JoAnna have known these criteria? Answer: we
are different, we screen all the applications. Question: Ten years for n►isdemeanor? Answer: yes.
Janet Kellogg calls rebuttal witness Linda Soto, Administrative Manager with Park& Rec., a.nd asks her to state
her narne, title, etc.
Question: Was Ms. Serna assigned to parks? Answer: yes. Question: was site responsive to you? Answer: no.
For example there was an incident when an internal applicant.was brought to my attention. Terri returned trorn
FIR and relayed tier discussion with JoAnna. I was concerned, because of what was told to Terri. '['here were
things told to Terri that shouldn't have been discussed with her, and I in turn told my supervisor, Reba, by
email. Question: Was `I'erri's application received? Answer: no, not until Yvonne was tale assigned recruiter.
Question: Did applicants routed to You have the qualifications'? Answer: no. There was a breakdown in
communication. Question: Was there screening issues with Ms. Serna? Answer: yes, some were not forwarded
that were requested. Question: I:7id you ever have issues with Ms. Serna before, and then took those issues to
tier supervisor? Answer: yes, because her information was not detailed. I would often email her and CC, her
supervisor.
Bright i Question: flow did you communicate with Ms. Serna'? Did you communicate by
David 13rr�ht c►�«sses witness. Q
phone, in person, or by email? Answer: almost always by email. Question: Did You interact with her face to
face? Answer: once I think. Question: On the phone or email? Answer: email. Question: Chid you have
criticism or concerns about Ms. Serna, and send them by email`? Answer: yes, I emailed her supervisor.
Janet Kellogg calls rebuttal witness Gina Sanchez, Superintendent of Facilities, and asks name,job title, etc.
Question: Did you request a meeting with JoAnna's supervisor`? Answer. yes, because of an email that I
received from JoAnna that said that JoAnna needed to talk with her supervisor. This was over an issue with the
impound supervisor position. JoAnna was not answering my questions, so I went to her supervisor.
Closing statements were made first by the City(Ms. Kellogg), and then by Mr. Bright.
Chairperson Bonilla called closed session at 12:52 I'M. Of'f' record, and everyone left the room except board
members.
1:00 PM back on the record. Motion made by Paul (3rivich to reduce the termination to reinstate, with back pay
to the date of termination. Motion was seconded by Susanne Bonilla. All were in favor.
1:03 PM hearing is over, meeting arldourned.
mom,
Gar r�klesr.>►7 Membe r
"
Susanne Bonilla, Chairperson �.a_.. ��
Civil Service Board Civil Service Board
—___-- - - --.._._ .. Iivil/, Service Paul Gri ig+, Mem er inr. B. Chapman Secretary
Civil S rice Board Board