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HomeMy WebLinkAboutMinutes Civil Service Board - 09/26/2014 MIN0ITS 567th CAVIL, SERVICE BOARD HEARING 1281 LEOF'ARD ST.~ CITY HALL BASEMENTTRAKN8NG ROOM September 26,2G{4 BOARD MEMBERS PRESENT: CITY STAFF PRESENT: Susanne Bonilla, Chairperson Yasmine Chapman, FIR Director Guy NioQenon, Member Janet Kellogg, /\aet. City Attorney Paul (3riviuh, Member Jody Lcukc, Asst. City Attorney Tina Bclouk, HR Analyst (."huirpermmn Bonilla called 1hc 567th Civil Service Bound hearing to order at 4:04 a.m. Chairperson Bonilla read agenda ||em #| and |tcm #2. 1T1"K441 Review and approve the minutes 0[the 566th Civil Service [\oun] hearing held 0o September g, 2014. Minutes are approved by the Board. ITEM 42 Evidentiary hearing to review and consider the v/itucoScs and evidence to be admitted for the termination appeal ofMichacl Cantu, Deputy City Marshal, Municipal Court, scheduled to be held oo October 3]. 7014. Assistant City Attorney Janet Kd|og� skxea that the (�iiy has received the evidence and witness list 6om Mr..6o|c, attorney fbr Mr. Cantu, and that Mc. Gu|c has agreed to use the City witnesses. She uaka Mr. 6u}c if it's correct that they v/un( Dr. Si Fuentes added to witness Iisi Mr. Gale states that hu has sonic concerns about the exhibits, and feels that Dr. 8ifocntcs muy be tile only witness they need since tile issue is sick |uuvc. Ms. Kellogg states that Mr. Cantu can D|| Out u new docket hznn and leave it With uaioduy, and Mr. (3u}ca agrocs. Ms. Kellogg brings LIP irrelevant evidence mubmi(1cd by Mr. Gale. #12 has nothing todo with abuse o[sick leave or dereliction of duty. She s1o1em that Mr. {�un1u was suspended for dereliction nf duty and terminated hnr abuocofsiuk |cmvcund the evidence has nothing to do with either. All of tile evidence Should go toward the uhuuc of sick leave termination. T'hia evidence has twdo with Michael Dc|aUozzu, and nothing tudo with why he (Cant(l) was terminated. Mr. Gu|c suya that 99% of City's evidence has nothing to do with thc termination. fie states that his client brought to |igh1 \be De|aGarzo issued, Hc told the truth in the Dc|u(;arzu si1uo1ion, and that everyone turned oguinuthim which led to his termination. The evidence is relevant. %4m. Kellogg brings up that the documents need to be limited to abuse of'sick leave or dereliction of duty, and the board call decide, Ms. Kellogg states ofthrco different witnesses in the Dc!aOarzuCSB that stated that Stephen Kosua was the one that initiated 1he [)e}uGmrzm incident, and not Mr. Cantu. Mr. [�ontu was only a witness, and cannot now o|uim lie is a whisdcb|m*ur in that incident. lie cannot u|uim retaliation when he v/unu`( involved in either one of those. Mr. Gale auyu that he would want Mr. Kmmao to be u witness, and Ms. Kellogg yaYm then: Would be no reason for him to re-testily as the board has already heard his testimony, Jody Leakm maYm that Mr. Cantu call say under oath what lie needs to say, and tile board does not need to hear hearsay, Mr. Gale asks i[we are wc going kz use tile rules in which hearsay applies. Will we use people with knowledge of the events, or are we going to have a paper tight? |1-s not fair to my client. Rw is hcnc because his doctor told him to use sick leave and hc did. Jody Lmuke yuya that we are not talking about broad generalities, but we arc talking about exhibit |2 and 4O. The board can decide. It's not necessary, it's redundant. Ms. Kellogg rcmindothe bound |hu\'thcre is turn-over in the City, but vvedo have personnel Fi|cmthat. show tile history of the cmp|oyuu. Many u[those employees are gone and cannot he called uawitnesses. h1unnoshum Mr. Cantu, lie call testily about. Susanne Bonilla asks who the nncmou were sent to. Mr. Cantu states that lie ycntthum all the n/uy Lip to Ron Olsen. Paul Griviob asks about the numhero[vvitncssca, eight? Yes. Mr. Gu|c says that they have two witnesses that will say that Mr. Kusao and Mike Ilse Would be p*tcndu! witnesses tuthe DduOurzu trial. Ms. Kellogg reminds the board again that xc have recorded testimony from these witnesses. She reminds tbemo[the testimony from Mr. Koxusand Mr. Cnntu`s invo|vomcnt in this, which was lie worked with Zura1c oil one day, and that was h. It has nothing to do with this, only that lie was uv/iineeu and oomp|ddY irrelevant tothis hearing. The City is only introducing sick leave and dereliction of duty. M,. Gale brings up a report uf{cxting and driving. Ms. Kellogg says that they have whittled down the evidence. She states that the City will bring evidence that shows dereliction ofduh/. Jody Leake states that we don't look at this in a vaCUL1111-, some ofit is very relevant, Mr. Gale s1utca that if"Mr. 8i[ucnLea tea|/Gcu that he was fb||owing his doctor's instructions, then we are done'? Janet Kellogg says no, i1 doesn't work that way, bcoouac lie didn't follow policy. She tells exactly what Mr. Cantu did to abuse the sick leave, and lie expected when he returned that everything would be fine. fie never talked with his oupervisor, never bothered to uu|| her. Mr. Gale s<uiou again about his medical condition. Mr. (}a|c states iho1wuwi|| go beyond the issue if1he "abuse ofsick |euvc'`, ifsick leave termination isufGrmcd hv the board. ' Ma. Bonilla uaku about tile Suspension and the termination. Ms. Kellogg says that yes, there are two issues. She feels that her preference would be for the board to hear tile muspunmimn first, and then the termination appeal. Mo. Bonilla states she d*co not want to drag this Out for days. Paul {irivich asks about the witnesses and douomcntaUion provided which Ms. Kellogg answers. Board rules to hear the suspension first, and (hen the (erminudon. States that the witnesses for the ouSpcnsion should be here first, and then the termination witnesses next. Board rules that Exhibit |Z` Mr. Cantu umn tce(i6/. She states that any letters in the personnel file call be used, and Js. Kellogg states that she will find those. Ms. Bonilla has nopr*h)em with #4O(investigation ot'K4r. [|sc)` stating ^^xc`vu all seen h and heard i{u|ready" Ms. Kellogg asks Mr. Gale about Purpose of exhibit 42, and ho says that lie Won't use it. Mm. Kellogg asks again ' about witnesses, but Mr. Gale wants \o finish first with exhibits. Mr. Gale says that he'll give the board ouopy of his exhibits since lie brought extras. Mr. Gu|c has not gone through page by page with his client tile City's exhibits, and explains that she has not numbered the exhibits since she hasn't talked 10 her v/itncmmcy. Ms. Kellogg states that everything pretty much is in the personnel rile, or city records. Mr. (3ulc says he has 220 pages, no what does she want entered? Ma. Ke}|ogo states the documCnts in the personnel file will be used, but they arrn`tnumbered. They are io order hvdate. Recess while attorneys go through Ciiy`mevidence. 9:50 back on record. Mr. (}u|u ytuiea most ofexhibits are ennui|m, and not pertaining to personnel file. Not sure what they have 10 do with this case. None of|hum have anything to do with sick leave. Exhibit 8, rcgordin � lie has nothing to d" with this uome � states. lie stuLca lie wants to play by the rules, but � wants to know what the rules arc. He says that they are limited, and at a disadvantage, because they arc limited but tile � City is not limited in the evidence allowed. Ms. Bonilla states that i[ i1`m in the personnel file, then it can be � oUovvcd. Ma. Kellogg states that dhcnc are two personnel files, one u1the Jen/ and one in HR. Ma. Kellogg � asks the board ifdhedooumen& can be uscd from both fi|co. Ms. Kellogg states tha1Mr. Cantu has both files, which were given to him hmm his public request. Ms. Bonilla states that we aren't going to hear again that they didn't receive requested documents? Mm. Kellogg states they were given (o him already after his request. The attorneys discuss wilneosco and cmui}o again, und Mr. Gale says that if'it's significant the wiLnusscm Should be here. Ma. Kellogg asks the board about u8ldoviis and cmui|a. Without having 1hc judgoayi8inghcncu|| day. The oih/ withdraws the 1ux1ing ennui|. They discuss u citizen complaint about being rude, and city withdraws that auwell. Jody Lcukc clarifies 10 Mr. Gale that Mr. Cantu had ownership o[his � b. Progressive discipline guidelines are used by the City to determine the larger scale to determine significance of infractions to determine the correct discipline. They might not relate directly (o sick |ouvc, but they call show ail ovom|/ perf'ormuncepaXero. Board members remind both sides that they don`( want 1* be at it all day long, and to keep fbcused. Mr. Nick|cxon a1o1oa that they want fairness an both sides, and they will look at all information provided. Mr. Luukc says that the city is not attempting to present every single little thing. Tho1`a not the intention. We are looking at this globally. Hc states the reason |br this hearing is to limit the number of' the witnesses that hovc no relevant testimony. We don't have unyOther issues, but to settle uf'cw douom*nim. Mr. Nick|caon states hc appreciates this. Ms. Bmoi||u states that she vvonty 10 make suru that the requested documentation is received from the city. Ma. Kellogg states that the problem is that when they request D|ca` they dm not request cmoi|a. and other documents. We ask for that information from witnesses. It doesn't get back to the other side because they don't ask for it. Ma. Bonill a states that we don't give mur information from mur legal case to the other side. Mr. (la)c states that there is no procedure iodo exactly what v/c are doing today, mo that vvccall have some idea of what we are going into. Now maybe we can make some changes, states Mx. Kellogg. Mr. Gx|c says that some ofthc other complaints are going k` beremoved. Ile asks about previous reprimands, call they bc used for the board 10 determine this oamc if it was never brought to the attention of my dicni? Is it e1i|| going 10 be evidence'? Susanne Bonilla says that it ^^muy" be used. Jody Leukc says that in the hearing, they call object to N& the exhibits. ~ Mr. NicQcuon uukx ifMr. (3e|u is uomp|utuiy am1iuKed With xho1 You have left now'? Mr. Gale auya that it has been really cut down. Mn. Kellogg says that she will number her exhibits to make it easier. Mr. (3a|c talks about numbering his exhibits. Ms. |{c||ogg asks about his vvi(nesmms, and Mr. Gale says ifk comes to the BT/\ inoident, he may oa|| Chief Simpson, M/. Komas. Bc will try 10 avoid that, if lie can. So, hw says, hc will probably go with the city witnesses and the doctor. k4e. Kellogg asks for the address in6orma1ion for the doctor, and Mr. Gale provides (lie address and phone numbor. Mr. [untu filled out a new docket with only one witness, Dr. 8ifoentca. Attorneys thanked the board for their time. Board adjourned u1 |O:|7 AM. Susanne Bonilla, Cl irpers(, Guy Nickles )n, Member uw S Bo, Civil Service Board Pa Civil Service Board Civil Service Board