HomeMy WebLinkAboutMinutes Civil Service Board - 11/04/2014 MINUTES
568th CIVIL, SERVICE BOARD HEARING,
1201 LEOPARD ST., t:1TV HALL
13ASEMEN'T TRAINING ROOM
Novcnnhcr 4,2014
130ARD MEMBERS PRESENT: coy s'I'AFI+ PRESENT:
Susanne Bonilla, Chairperso n Sylvia Guzman, Employee Relations Manager
Guy Nickleson, Member .Janet Kellogg, Asst. City Attorney
Paul Grivich, Member Mark DeKoch, Asst. City Attorney
Tina Belock, IM Analyst.
Kimberly ,Iozwiak, Director Municipal Cot►►-t
Chairperson Bonilla called the 568th Civil Service Board hearing to order at 9:02 a.m. C"lnairperson
Bonilla read agenda Itern #1,#2, and 43. Board approved than minutes from 567,x' CSB.
F FEM #1 Review and approve the minutes ol'the 567th Civil Service Board hearing held on
September 26, 2014,.
IT1 M # 2 Review and consider the appeal filed by Michael Cantu, Deputy City Marshal,
with Municipal Court, on his suspension.
ITEM # 3 Review and consider the appeal filed by Michael Cantu, Deputy City Marshal
with Municipal Court, on his termination.
Chairperson rnoves to Item 42, Suspension Appeal. Witnesses are sworn in after Mark DeKoch invokes
the rule.
Mark DeKoch makes opening staternent for the City. States Mr. Cantu took defenclant but not plea papers
on 2/10/14, and went to lunch and left a trainee alone. Ile violated policy and because of'that was given
suspension. Mr. Galc states that his client complained about the WFA incident, and as a result he has been
systematically picked on. Mark object as this has nothing to do with this hearing. Mr. Gale says he feels
it's relevant, and states his client was retaliated against because of'those issues. Ile states that the trainee
didn't listen to his client.
Mark DeKoch calls witness Sherri Eldridge, Sr. Hannan Resource Analyst. She states her name, title, etc.
Q: Are you the custodian of'records, and if'she is familiar with exhibits 111, 2, 7, 8, 9 and 117 'Yes.
Exhibits are of'f'ered into evidence with no objections.
Mr. Gale crosses Ms. Eldridge:
C?: Do you have any personal knowledge ol'the events`? Yes. [)o you have any comments or complaints about
my client'? No.
Suzanne Bonilla asks about exhibits 7 & 8, as they look the same. Mark DeKoch approaches the board with
permission, and they correct the board members exhibits. Witness excused.
Mark DeKoch calls witness Michael Cantu.
Mark asks witness if'Ile was familiar with policy regarding that you were to fill out or take to defendants to fill
out? Witness said that policy was vague because it changed, sonleti►nes every day. I never saw it written down,
but if they say there was a policy then yes there was. Q: would agree that Michael Delagarza talked with you
oil two occasions about this...to take to the warrant defendant the plea papers? A: I do not. There was
conversation, instances where defendants were not comfortable filling out papers. That was the discussion that
some defendants were intimidated. Q: then how did You know to do that? To take the defendant plea papers?
A: Because they were in the office.. Q: you just gook it upon yourself to take the plea papers to the warrant
defendants without being told to do so? A: I didn't say that nobody no one told Me. Q: Well then, who told
you? A: Judge Flores Q: So, you were told in fact ofthe policy to take the plea papers'? A: Yes. Q: You were
told to take the pleas papers with the defendants to the cashier by .Judge Flores? A: I don't understand the
question. Q: What slid Judge Flores tell you about procedure with warrant defendants? A: I have it in all email.
Q: Tell me in your own words what that email said. A: She said the plea.4'(-)I-MS Should be taken by city marshal
and taken towjudgc. BUt if`plea fi rms not included the just,shall take the plea,that's what that email says.
Mark hands witness exhibit #4, asks is this the ernail referred to? A: I think so yes. Q: What is the title: A:
Warrants. Who is it from? A: Margie Flores, Date`? 8/30/13. Q: Who is it to? A: All of the judges, Director,
Michael Delagarza. Q: Were you copied on this email? No. Mark asks witness to read the established process:
Witness reads the process. (5: So, what this says is that if you bring the defendant into the judge without a plea
form, you are to take the defendant: back to fill out the Plea form, correct'? A: Yes Q: you knew about this,
everything in this, correct? A: Yes Q: You knew about,this procedure? A: Yes, I knew about this email.
Q: Oil the date in question, 2/10/14, there was as warrant defendant that you were looking after, correct? A: Is
there a copy in here of the case? Mark says there is not, but here is exhibit 47 of the incident filled out by your
supervisor, Michael Delagarza. Witness says first time he's seen it. Q: Mr. Cantu,Just answer the questions I
ask Of You. Witness asks to read it in entirety. Q: Did you in fact fail to take plea papers to the cashier office on
2/10/14? A: No Q: What did you do'? A: I don't know what case you are talking about. If"you have the actual
y y Q: Did you at any time on that date fail to take plea papers to the cashiers'?
dcrc�ket...I can't tell you es or nc7,
A: No Q: Never'? A: I'm not saying "never". I didn't fail to take plea papers. Q: Did you go to lunch that day
leaving trainee Arias alone without. Hobert Rodriguez having returned from lunch. A: I went to lunch, yes, and
the trainee was there. Q: Was Robert Rodriguez back from lunch? A: Not that I recall, no. Q: What was your
Job that day? A: Like any other day. Q: Were you told prior to 2/10/14 that you were not to leave traince alone
with warrant defendants? A: No. Never. Q: Were you told on 01/31/14 by M. Delagarza not to leave trainees
alone'? A: No Q: You were Nh,VI;Ii told not to leave defendants alone with trainees`? A: No, not before I
learned about the reprimand.
Q: Exhibit 7, clo you see the 2"" paragraph from bottom? Please read,..witness reads out loud the email from
M. Delagarza about leaving trainee alone Q: You're denying what was written by M. Delagarza? A: Yes.
Q: Do you deny the second part about you going to lunch and thought Rodriguez would be returning soon? A:
No, I don't deny it. Q: you don't deny then that you left the trainee alone with potential warrant defendants?
There were no warrant defendants, Mr. Gale ofsjects. Q: Do you know when a warrant defendant conics in'? A:
Yes, we are notified. Q: Do you know right away, or is it minutes? A: Sometimes they are held, it could be
minutes or sometimes 40 minutes. Q): But once you are notified, you are to immediately go over there? Yes.
Q: Why do they have marshals watch them`.! A: They have a case, they are in custody. They are under arrest?
A: Yes Q: Flow do they get there'? A: Voluntarily, or other officers bring them in, or bailif'f's.
Q: Do you know beforehand they will be brOUght in? A: Yes. Q: flow? A: "Through tlae front office through
clerk, and then the clerk notified bailiffs or Marshals, and they are brought into the marshals. Q: Before you are
notified, you don't know they'll be there, correct? A: Yes Q: If I'D brings someone in, you don't know
beforehand, correct? A: Yes Q: Star it'you take off for lunclr, you won't know. You are in fact leaving a trainee
y p correct'? A: No, there are bailiffs that can hold them until a marshal call
with nc">authority 4alonc, with that person a,c
be contacted. Q: who's the city marshal they will call? A: Whoever is available at that time?
Q: If bath marshals are out to lunch at sane time, who do they call'? A: Any one of'us who answers the phone
or radio. Q: your testimony is that You left for lunch and the other city marshal (flow many were there? i, and
one trainee). You and Hobert Rodriguez, correct? A: Yes. Q: You knew lie was at lunch, correct? A: Yes. Q:
You decide that you are going to go to lunch, and you think that the other marshal was going to arrive at any
time, leaving the trainee alone, correct? A: No. We would instruct the bailiffs to hold the defendant;
meanwhile they would get a hold ofa city marshal. We did it all the time.
Mark reads exhibit##7, report from Delagarza. Asks Cantu to read, and he does. (Report where Delagarza finds
Arias alone with the defendants). Q: Do you agree with any of that? A: I would disagree with the part where
defendants were there. I left for 10 minutes, and Arias didn't listen to rne. Ile didn't want to go with rile. I
instructed the bailiffs to hold the del'endants. Q: Why would You tell him that? A: There were previous
incidents with him, not certified peace officer and carrying a gun. Ile didn't listen to nic then, and I was
concerned about: what lie would do. Q: You just said that you told the bailiffs to hold the defendants because
there were no city marshals present. A: I didn't say the defendants, I said the bailiffs?
Mark: But they did bring them. Witness says, how do we know that? Mark said we have the report from
Delagarza, that's how we know.
Chris Gale says that's argumentative.
Q: So you're denying there was a policy you weren't to leave a trainee alone? A: I don't know about a policy Q:
You've denied that anyone told you about leaving trainee alone with defendant? A: Yes Q: you've denied that
there were riot any pleas not taken to the window? A: Correct 0: you've denied that there were any defendants
in the time period you went to lunch and when you came back? A: Correct:.
Mark DeKoch shows exhibit I I--D, duties of the trainee. Q: Does it say strictly limited duties? A: Yes. Q: they
can serve as bailiffs? A: Yes Q: they can perform other dr.►ties as assigned? A: Yes Q: Agree that they are not
to place anyone Under arrest? A: I can't answer that, because they do arrest sometimes. Q: Who directed them
to arrest`? A: TI7e.ludge....
Q: I.,et's go up to C and look at your dutics-Coale objects to relevance. Q: When someone is under arrest, where.
do they go`? paU►I (�a►°ivicl-� interjects al�7d'�Urt the county corn°t., .1a►I, _judge orders thcrn out. Q: Isr7't that wiry
marshals need to be there because warrant defendants are Linder arrest? A: Yes. Q: Isn't it the job of` the
marshal to make sure the defendant doesn't_just get up and walk away, correct? A: Yes Q: "Trainee isn't a police
officer, correct`? A: Correct.
Q: Let's look at I I-C. Please read duties, witness reads. Q: You do have the duty to arrest and hold people
under arrest, correct? A: Yes Q: so, if the city marshal leaves and defendant comes into the marshal's office,
there is no one there to hold the defendant? A: No, the bailiffs are there, and they can hold them. Either in the
hallway or ill the courtroom. Q: you just told me there are three ways they can come in. A: Not all are there
voluntarily'? In what respect? Q: So you deny every bit ol"that took place? [)city you didn't take the plea, dlerly
leaving warrant delendants there, but you do admit to leaving for lunch, leaving trainee alone'? A: Yes.
Chris Gale crosses witness:
Q: how many times did you take plea paperwork to clerk? A: Hundreds, maybe thousands. Q: Ever a ti►nc
when you didn't take the plea paperwork with the person'? A: When they didn't want to sign the plea, I would
tell the judge person didn't want to sign plea.. Q: Ever had situation when defendant didn't want to sign a plea?
A: Yes and I'd take that to the judge. Q: What would You do? A: Consult with judge and let them make
decision. Exhibits: Q: Trainees are bailiffs, correct`? Objection by Mark. Q: "fell us about your background.
Witness answers Q: TC"l_,I, )SI,? A: Yes Master peace officer 1992. Witness answers questions about his
progress through his career, including his training. Q: Through your training, are you aware of bailiff's being
able to arrest:? A: Yes Q: In regard to ##1 1, broth trainees and marshals can arrest then? A: Yes Q: What is your
supervisor's name? A: Ms. Jozwiak Q: Is she in the court all day long`? A: I can't say. Q: Is she there to direct
You? A: She's not there. 0: Is she notified when sorneone is there to be arrested`? A: No. Q: What percentage
is there voluntarily`? A: More than 50%. Q: The Others, why would they brim; them to court'? Objection,
speculation.
Q-Paul Grivich-you have a process, right`? A: Correct Q: Ilow often to you take them to CDC' after`? A:
Frequently.
Gale: Q: In regards to the (fay in question, who assigned the dirties`? A: Kimberly ,Iozwiak. Q: "Fire specific
instance f'or the two day suspension, Arias was acting as ar bailiff, right? A: Yes. Q: Did you receive anything in
writing form Delagarza not to leave Aria alone? A: No. Q: Were there occasions where you would leave a
trainee alone? A: At tirries, such as to use the bathroom. Q: What would the trainee do while year were gone?
A: Clerical and just waiting, doing his assigned duties. Q: Orr this particular day 2/10/14, were there, any
defendants there while you were goner A: No Q: Did you instruct Arias what to do while you were gone?
Q: Was he in the office when you returned`? A: Yes Q: Did he leave the office? A: Yes. Q: I low do you know'?
A: ],here were defendants �y y y >
endar�ts in �t.he of"f�ice,while I was gone. Tl�rrw. were voluntarily there. (��: Did you see a rr7ern(
or directive not to leave a trainee alone? A: No Q: Ever advised this was unacceptable'? A: No Q: On this email,
did those, occasions eves happen'? A: No ��
�� ,� � ): On 2/1(.)/14 did You fail to brie anyone to clerk Without Ic,�r
Y g ` Y p .,,
paperwork? A: No Q: Mentioned incident with Arias prior`? A: Yes, when he was first hired. Q: Who hired
him? A: K. .Iozvviak Objection to relevancy ofcase, overruled. Q: What was the concern with him? A: Ile had
a weapon when he wasn't a peace officer. lie was hired as trainee. Q: Who gave hire the weapon'? A: K.
Jozwiak and Delagarza. Q: Did you ever discuss this with K. Jozwiak'? A: I spoke with Delagarza. Q: Did you
speak with K. Jozwiak? No, sent an email complaint to her, city manager, and I IR Director.
Gale refers to Exhibit #1 1-D Q: They didn't. wear trainee Uniform off"drrty? Yes Q: Was lie wearing a different
uniform? A: Same uniform as me. Q: As a result of your complaint, what happened? A: Arias was stripped of
his weapon and uniform. I also notified the chief ofpolice. I reported it to the right people who would fax the
problem. Q: Arias didn't really like you at a.11? Wily? A: lie didn't listen, it was hard to keep track of him.
Q: Did he indicate he didn't have to listen to YOU? A: I wasn't his supervisor
Suzanne stops the line of`questioning about Arias.
Gale: Q: Another incident about unauthorized weapons with city`? Mark objects to relevancy of this case, its
way outside the bounds. Mark says that no dates were given or connection. There is no tie-in to what the issues
are to this case. They have to prove the relationship to retaliation, he wants to bring in everything, and objects
to it. Reiterates that the board has no idea ofthe line cif questioning asked, of the timeline ofevents, and there is
no connection whatsoever to the 2 day suspension.
Guy says to stick to the suspension, lie objects to getting off on tangents. Paul agrees we need to stay oil topic
with the specific issue. Suzanne says Gale has to stay within the guidelines Of Causes of the 2 day suspension.
Chris Gale says his query is there is another reason, and I'm not going to be allowed. Paul Grivich says that the
city is a big organization and he's sure there's retaliat:ion...I understand where lie's going but we have to stick
with the facts of the suspaension. We can't keep going on with it. Gale says give me a bit of leeway...
Gale: Q: 'There was a concern? A: Yes. Q: "There was all incident with RTA? A: Yes Q: Did you make a
complaint to the City? A: Yes Q: "There was a grievance hearing with Patrick Gonzalez'? A: Yes. Q: After that,
did your supervisor tell YOU she had a problern with how you handled the testimony? A: Yes
Objection: hearsay overruled. A: After RTA incident, she said she couldn't believe he reported Delagarza and
said I was lying. I saw a crime and I coUldn't just look away. Q: so we temporally know when this occurred?
A: Yes. RTA Feb 4 and 7. Q: That would have been about 5 days before exhibit 7, correct? A: Yes
Objection: hearsay, please strike testimony about what Kin7berly allegedly told him.
SrrZarme-testrnaony Struck
Cale: Q: A week before the memo, is when you expressed concerns'? A: Correct Q: As a result did you have
discussions with supervisor? A: Yes Q: `since then, do you Feel your supervisor is taking~ actions against you?
A: Yes Q: Ilow? A: hroin August until termination. I filled out a f`orm every six r7ainutes to account for my
time. I.,x. 7, ever receive a copy of'that? A: No. 0: File(] an appeal? A: Yes
Mark DeKoch crosses:
Q: Is it your testimony that 02/10/14 you took a 10 minute lunch? Yes could it have been an hour'? No.
Break at 10:27
Resumed at 10:37
Mark DcKoch:
Q: you testified about Aria having; same uniform? A: Correct. Q: Elverytliing same as yours, badges, patches'?
A: Not that I recall. Q: Do you know or are you guessing? A: He had a city marshal unilorraa. Q:
Did he have a
badge'? A: A patch I drink. I don't recall. Q: After this happened, did lie change his unil'orm? A: After I
notified the chief of`police, yes. Q: Do you remember, you did a. complaint in that you said you don't know
who contacted them about the grin? A: I was being retaliated against and didn't want them to know that I made
the report. Q: How were you being retaliated'? A: Written up 1'or clocking in early and late. Q: When'? Right
after I testified in a grievance hearing and alter Arias. Q: When did this happen? A: August 10 or 12,2013.
Q: As I understand,you tiled a grievance and they retaliated with a disciplinary action? A: Correct
Q: how long does it take where an event happens, like 2/10 to when they actually write up a disciplinary action?
A: I don't know. Q: A week or° two? A: I don't know. Q: [low long is it from when You filed grievance and
g `� _jection. Mark says he knows the process, and how long it takes. He's filed
how long did it take,. C)b
grievances, and he has this because of the exhibits and his own personal knowledge. To counter their position
that they file a grievance and they respond with as discipline. Mark says all he's trying to show is that there is a
time period in between while a complaint is being investigated.
Mark: Q: Was it ever that you knew that they Celt you did something wrong, and while they were going through
the process that you would file a grievance? Q: To my knowledge, no.
Q: You testified earlier that you never had any problem, nor anyone said anything to you about taking plea
papers? A: I don't remember what,You are asking. Q: Do you rerember testifying frorn Mr. Gale's questions,
that you never had anyone complain about: me not taking plea paperwork. A: Yes. Q: Do you remember
Margie Flores complaining'? A: I was not aware. Q: Were you aware that some of"the grievances you made had
to do with the fact that you thought it was wrong for You to do the plea papers? A: Yes, but not to do the
papers, but for me to fill thern out. 0: All you do is hand it to them, you give it to the judge, and then you take
them to the cashiers? There is nothing that you do to fill Out the plea? Q: Do you remember HR doing in
investigation about that complaint., and telling you that their findings showed that you have nothing to do with
taking a plea? A: I don't recall that. Q: After that investigation, did you stop the process of'turning in tlae plea
paperwork, or did that change arf`t:cr your complaint? A: No, it. wasn't about the form itself. It was about the
judge refusing to fill out the form... that was the issue. Q: I low was that you taking a plea`? A: If you make
someone sign something, that's against the law. Q: All You do, is hand them the firm, and the form is what
they want to plea. Nowhere in that are you taking the plea, and that was Your complaint. A: I don't believe that
was my complaint.
Mr. Cale objects. DeKoch says it's very relevant, and argues the point.
Suzanne asks about line of`questioning. Says that the allegation about plea, is it related to issue? They brought
up grievances, and I'm bringing up grievances. I ain showing that after the grievance, he didn't want to do it.,
and he didn't. It's relevant. Mark drops the line of questioning and moves forward.
Mark DcKoch passes the witness.
Mr. Gale crosses Mr. Canto:
Q: Other than the suspension, did you also have off`duty work taken away firm you? A: Yes. Objection.
Witness released.
City calls Michael Delagarza as witness.
Q: Please state name, title, etc. Q: Explain what a warrant defendant is. A: A person on warrant fc>r Class C
offense, traffic violation, public intoxication etc. Q: when they come in, are they tinder arrest? A: Yes. Q:
Voluntary or not? CCPD etc, but under arrest? Yes. Q: What is the policy with regard to tilling out plea papers
on warrant defendants when they come in? A: L,et them know that there is a warrant with outstanding balance.
and explain consequences if they don't have the entire amount. Q: Is consequence jail? A: yes Q: The plea
papers—what are the deputy marshals to do with the papers with regard to warrant defendants? A: we issue
thern a plea form that is to be signed by defendant with a plea. ']'hen we take that plea farm with paperwork to
the judge for signing, and judge determines what happens. "T"hen they sign off, and they hand back to t►s and we
go back to office, get defendant and take them where they need to go.
Mark hands him exhibit 97, and asks witness to read. Q: who drafted this? A: I did. Q: true and correct'? A:
Yes. Please react last paragraph, and witness reads about not leaving trainee Arias alone. Q: Did you tell Cantu
not to leave the trainee alone? A: yes, because they're an observer trying to get a feel for what we do. Q: why
would it be important if a deputy wasn't there'? A: someone could get hurt, since they couldn't do anything if
something were to happen. Q: have You read exhibit 43, email fi•om Judge Flores? A: yes Q: what's it about':
A: the plea forms not being filled out and signed by defendants. Q: Who was she complaining about? A:
Michael Cantu Q: Does she ask you to do anything about the fact lie isn't turning in plea forms'? A: yes, she
asks me to address the issue with Michael C;auttr Q: What does next sentence say? A: I've been informed that
Mr. Cantu never turns in plea forms.
Objection by Gale as he thought this was taken out of the exhibits. Then he states that this wasn't provided to
his client beforehand. Mark states that this was provided to Mr. C x
' ;onto, and was not taken out of.the exhibits.
Mr. Gale says it shouldn't be addressed as it isn't relevant. Mark says that it is relevant because they are
showing that other judges have complained about this issue, therefore it's relevant. Gale says its hearsay and
objects to testimony.
Mark hands witness exhibit 44, 4in(] asks if lie has read this email. A: yes. Thcre is discussion amongst the
attorneys about the subpoena of inedical records. Janet Kellogg explains that the board has subpoena powers.
They agree to destroy the records after the hearing. Mark asks about exhibit 4 to Mr. Delagarza and asks if it is
atrue and
`�orre t says that if there a yes. it into evidence after° it is authenticated. Allowed. Q: What
.
copy y' f
y• y' p already entered there is not a plea form we need to do anything
with, the plea is set, we don't take a second plea. If there is a failure to appear, there is no plea form set front
the court, and that's where we come in. Elands witness exhibit #5. Q: Did you send this email? A: yes. 9-17-13
to Kimberly Jozwiak. Please read, and is fair and accurate? Yes. Asks for exhibit to be entered, Cale objects.
Mr. Delagarza states that he doesn't keep a personnel file, everything is sent to the director f'or the personnel
file. They discuss the personnel file, and whether to allow it. Gale says that it's not in the personnel file that
have. Janet
n g tmt 4tl � tre y keeps a personnel ilc on their
employees. Wl� they are erintedtlr< dep file g is cntto IR1 M� Cantu ►�questsifile, and MIS.
Kellogg says that she notified Mr. Cantu to pick tip the file and it's still sitting in the legal dept. because he
didn't wa.nt'to pay for it. Mr. Cale says that there isn't a file that exists in her office. Mark explains that Cale
asked for a file that didn't exist in the City Marshal's office, but it does exist in the director's office. Also,
Mark explains that all documents were sent to Gale's office, all of it, two nnontlns ago.
Susanne Bonilla asks about the documents, and .Janet explains again that they have been waiting for pick Lip and
were never picked up. Paul Grivich states that there is to lot of he/said slnc/said. Guy Nickleson says it should
be allowed since the previous hearing agreed to turn over all documents, and they were turned laver. Janet
Kellogg reminds the board that she gave over 240 pages, and Mr. Gale complained there was too many
therefore they took out sonic documents. "things that were important to this case, we left in as part of the file.
We scaled down to 160 pages of the most relevant. documents. We're trying to stay on task and not bring in
muddy waters. Just documentation of the judge stating that Mr. Cantu didn't follow the process and that there
would be consequences. They are part of the personnel file, Mr. Gale calls it a "secret file". Mark states that
he is misrepresenting the facts to the board. Janet Kellogg reminds them that the rules and regulations state that
if it is relevant it can be admitted into the hearing. Attorneys argue about the process. Susanne says that if'it
wasn't provided it won't be admitted, it it was then the board will take it into consideration. Mark states that
the termination letter is May 30, 2014 then the dept. did not have time to get those documents to FIEF.
Mark tasks witness about the date of F,xhibi. #S: 9-17-13 to Kimberly, correct? A: yes. 4 PM. Q: you talked to
who? A: Mike Cantu, about leaving defendants unattended. Q: specifically about the issue of not leaving
warrant defendants unattended'? A: yes. You re-explained to him the process and talked to him and busked if he
wanted to go visit with Judge Flores or Kimberly about. his concerns? A: yes. Did you go talk to them? A: no.
0: Cantu refused'? A: right. 0: 111 fact. you talked to him after Judge Flores letter, and then again oil 9-13? A:
yes. Susanne: Q: When you are documenting, do you ever copy tine employee or even note that the doeniment
will be giving into the personnel file`? A: no Ma'am. 0: That this is going to be in their file? A: no, whenever
we have a meeting, I put it in email file and send to niy director.
M at•k tells board lie is changing direction with questions, and they need to break for lunch. (194 end).
Off record at 11:47 to break for lunch.
Back inn record at 1:06
Mark asks Mr. Delagarza about exhibit#7. Mr. Delagarza tells about when Cantu left Arias alone with warrant
defendants, while he went to lunch. Asked if this was a violation of policies? Witness said yes, Mr. Cantu letl.
the trainee alone with warrant defendants, and that he didn't follow procedure with the plea form. Mark then
shows witness exhibit # 9, from February 26, 2014 and asks iftrue and correct copy? Answered yes, this was a
two day suspension. What were the causes? Not following plea procedures and not following policies with
trainees. Asked about the importance of not leaving trainee aline, witness said they are under arrest and
anything could happen.
Witness passed to Chris Gale:
Gale refers to exhibit 7, and asks if this refers to another incident? Witness said yes, inn January 31. Q: What
happened on Jan 31? A: I cannot recall. Q: who made the decision to give Arias a weapon? A: I made the
decision. Q: Arias had RTF OS1:,? A: no. 0: Arias head a right to carry a weapon into court? A: yes he did. 0:
who approved the RTA incident? Mark objects, as there is no tic-in at all to the gun, regarding this hearing.
Asks the board to strike the testimony, and it is struck by Susanne Bonilla. Cale asks more about the RTA
incident, if there was an incident with someone else who shouldn't have had to weapon? A: yes. Q: Was this
incident before the February 10 incident? A: yes. 0: Did my client advise that someone had a weapon but
shouldn't have? A: I couldn't tell you. Q: Do you have any other emails or documents oil your coniputer about
Cantu? A: not sure, possibly. Gale asks about video cameras, and witness states there are cameras inn cashiers
area and courtroom, Q: Did Cantu have a problem with taking pleas'? A: yes. Q: blow many times did he refuse
to accept a plea? A: at least three times. Witness said that cashier told her supervisor that Cantu refused to
accept one, and the supervisor told Delagarza. When asked why, Cantu said that the cashiers should be doing it,
not him. Q: Did my client ever discuss with Judge Flores that he thought it was against the law? A: yes, and
he was told that he could bring it rip with the .judge or the director. Q: Do you feel lie was incompetent? A: Yes.
Q: Did lie neglect duties? A: Yes.
Break from 2:00-2:10
Mark DeKoch crosses:
Mark asks witness Delagarza to review exhibit X41, August. S, 2013 documentation where Cantu refused to take a.
plea. Asks witness to review exhibit 2, and please read date: August 26, 2013, for incident oil Aug 22, 2013,
Q: Does it state that you asked Cantu about visiting with Judge Flores and Kimberly Jorwiak if he had
concerns? A: Yes, Q: Does exhibit. 2 discuss pleas`? A: Yes. Witness reads from exhibit, where it says that
Cantu refused to meet with the judge or Kimberly, and where lie did let Cantu know that this was a verbal
warning. Q: Does exhibit 2 involve Cantu not wanting to do pleas? A: Yes. Q: Enid you explain to Cantu that
lie was not taking the plea; it was the judge who took the plea? A: Yes. Q: For the record, were there any
bullets in Arias gun? A: No. Q: the RTA incident was on a Friday? A: yes. Q: Was there any discipline
against You o►1 February 10 for the, RTA ►rneidcnt`, A; No
ag� y � ry � Q: therefore, it couldn't have been retaliation for this
incident, A: no
Gale questions witness: Q: Enid Kimberly Jowiak ever request for meeting with judge'? Were there any other
meetings regarding pleas? A: yes. Three times with Cantu, also with the other deputies. Q: any other meetings
with judge and Kimberly .1. A: yes, once. Q: were you aware Kimberly requested a meeting with Cantu about
this issue? A: She had all open door policy anytime.
Break at 2:32, back oil record at 2:38
Mark DeKoch calls witness Kimberly Jo:zwiak. Mark asks witness to read exhibit 97, asks if she sent to I IR.
A: yes. Asks her to review exhibit##8, contemplated letter. Q: what are the grounds? A: she states not handling
the pleas and leaving Arias alone. Q: based on 47? A.: yes. Q: was lie given chance to rebut the contemplated
letter? A: yes, but he did not. Q: If no rebuttal, what's next? A: move forward with discipline. Witness
explains this was a suspension; she wanted to give Canty► a chance and not give him a hardship. Wanted him to
follow procedures. Q: Aware that he refused to follow procedures and left trainee alone? A: yes. Q: was this
done because you wanted to retaliate? A.: ino, 1 just: wanted to give him a nudge to follow policies and
procedures. Q: Are they important? A: yes, We are not asking them to accept a plea. This is done for the
operational needs of the court. 0: Cause up by your or Judge Flores? A: Together,
Chris Gale crosses:
Q: if'defendant asks what to do if there is a question, go to the judge? A: yes. Q: you didn't. want this to be a
hardship? A: correct. Q: A week after Suspension, outside employment taken from them? A: yes, all of the
marshals, about a week beforc this. Q: ever bring back the outside employment? A: no. Q: Did Canntu ever ask
or tell you that he lost his housing because, of this'? A: he sent an email. Q: Ever had a meeting with Cantu
about the pleas? A: had meetings with all ofthe marshals, can't: recall a meeting alone with him. Q: How many
pleas did he refuse? A: Not sure, it was addressed in the contemplated. Q: Prior to that, nothing in writing?
ObJection by Mark. Q: Ever see anything'? A: Don't recall. Gale asks about exhibits 1-E, where are those kept`?
A: dept. file. Q: After suspension, ever send out an email talk with him about procedures'? A: that happened
prior. Q: after suspension, did you sit down with him? A: yes, Q: Any memo showing that he had to take tine
plea? Q: Any other complaints of sarnne issue after suspension? A: 1 don't: recall. Mark ob ect, not relevant to
issue at hand. Q: Outside employment? ObJection: after the event. Sustained.
City rests.
Cale calls Kimberly Jozwiak as witness. Q: Do you find out the identity of defendants? A: No. Q:
Cir•curnstances of'why Flea paperwork not completed`? A: Only what was reported by Delagarza. Q: ally videos
of` those persons`? A: no. Q: if lie doesn't know what case this is, how would lie be able to rebut'? Did he
respond`? A: no he didn't offer anything.
Cale calls Michael Cantu: Q: Did you ever refuse to take pleas'? A: no. Q: Ever allowed to address concerns that
were not right'? A: yes, addressed only defendants pertaining to their rights. Q: Ewer had a problcrn'? A: no.
You had a concern about taking pleas'? A: yes, had to go back to judge. Q: Do you feel you had to force
defendants to sign pleas? A: yes. Q: were you told you creed to talk to them about signing a choice? A: yes, we
were told to talk to them about signing or talk to the judge. Q: other officers not take paperwork. Objection. Q:
Did You leave hirn unattended'? A: I guess, but Delagarza. was upstairs. Q: did you assign paperwork to Arias`?
A: No, I told hini to just stay there. Q: When you returned, were there defendants in the office? A: yes, two or
three and Arias had started the process.
Mark. DeKoch crosses: Q: Why didn't you respond to the contemplated? A: I (lid respond by typed letter. She
never responded with more information. That letter was part of a grievance. Q: Did you know that day after
lunch that Delagarza was questioning you about leaving Arias? A: yes, through text though. Q: Did you rneet
with him'? A: yes. Q: you were asked slid you ever have a problem with plea papers. Are you sure about that'?
ObJection, asked and answered. Q: Did You ever have a time when you didn't tarn in plea papers'? A: there
were occasions, yes. Q: Did you testify that no one ever had a complaint about you in regards to the plea'? A:
yes. Q: what are the allegations'? Q: plea forms and leaving arias unattended. Q: Did you always turn in plea
papers? Is that your testimony? A: only when there was an objection. Mark tells the board that lie feels this
testimony is false.
Cale rests.
Closing argunients from both sides.
3:43 PM Closed Session
3:58 Board resumes
Board decision: Suspension upheld, all in favor.
Item 93 will be rescheduled. Chairman of the Board wants it noted to Subpoena the doctor (for the termination
appeal of Mr. Cantu on November 21, 20114) well in advance, and everyone agrees that the Doctor will be able
to go first.
4:02 Adjourned.
Susanne Bonilla, Chairperson 1,kit.t.y.Niekleson, Member
Civil Service Board Civil Service Board
J
I'aL,l Ciriviclr, ember Yam ine B. Chapman, Secretary
Civil Service Board Civ I Set-vice Board