HomeMy WebLinkAboutMinutes Civil Service Board - 12/19/2014 MINUTES
570th CIVIL. SERVICE BOARD HEARING
1201 LEOPARD ST.,CITY FALL
BASEMENT TRAINING ROOM
Decemhe►• 19,201.4
BOARD MEMBERS PRESENT: CITY STAFF PRESENT:
Susam7c Bonilla, Chairperson Yasinine Chapman, IIR Director
Carry Nicklesou, Member Lilia.Castro, Asst. City Attorney
Paul Cirivich, Member Mark DeKoch, Asst. City Attorney
Fina Clelock, IIR Analyst
Ronald Sepulveda, Police Auxiliary Manager CCPD
Board inember Paul Cirivich is not: iu attendance. 'Tura Belock called hint, and lie stated he would be late.
Chairperson Bouilla called the 570th Civil Service Board Bearing to order at 9:10 a.m. Chairperson
Bouilla read agenda Itcm #I, #2 and #i.
ITEM #1 Review and approve the minutes of` the 5681" and 569"' Civil Service
Board hearings heid on November Orr' and 21st, 2014.
ITL' I'M # 2 Review and consider the appeal filed by Megan Villarreal, 911 Dispatcher
II with C(TD/MetroCom, on her termination.
ITF'M ##3 Review and consider the appeal filed by I:)eborah Merlo, 911 Dispatcher II
with CCT D/Metro(;otn, on her demotion.
Chairperson Bouilla reads agenda item #l, and the two board ruernbers (Bonilla and Nickleson) approve
the minutes. Ms. Bonilla moves to Item #2, and reads.
L..ilia Castro makes opening statement about the termination of Megan Villarreal. She explairs that there
were multiple violations far policy, but she was terminated Ior attendance issues and tardiness. She goes
through the warnings, discipline., etc. She explains the inultiple chances the department gave her, through
suspension, PIPS, counseling, etc. but her conduct did not change.
Ms. Villarreal doesn't wish to make an opening staterrrent.
City calls ltorrnic Sepulveda, and lie is sworn in.
Ms. Castro rusks him to state his aarrie ansa city record, position. She asks him what: is MetroCom? A:
they take care of all hrc and EMS dispatching for the city and county. They answer- calls emergency and
nonemergency, and dispatch. C): Ilow many employees? A: E2 with 4 vacancies. Q: What are the
hours`? A: 24 hours, we don't stop. 0: What shift.schedules? A: 12 hours shifts or 8 hour power shifts. Q:
Stressful euvironmcut? A: yes, and critical. There is down time, but they have to be on their game for
incidents. Ms. Castro hands him exhibits 1-12, and asks witness to look at them. Witness looks there
over. Are you familiar with these documents`? A: yes, they are signed and dated. ,.They are from Megan's
discipline file. Q: Were they kept in course of'regular business practice? A: yes. City asks board to enter
the exhibits into evidence, and no objections. Q: Tura to exhibit 12. What is it? A: mission statement.
Q: Why do you have this mission statement? A: employees needed a reminder of why we do what we do.
Q: Familiar with Megan"? A. yes, she was employed for five years as a dispatcher. Please review exhibit
the les reffe�eadss. Civil
ThrilService
particular i �Board
4xtt�,ndrrnc,e��issues► (��: W��1k us tthrough this letter. W�,tness reads
tter
that are can the exhibit. Q: "prior to the
allegations", turn to exhibit 3, is that what you reference? A: yes, PIP. Q: normal for reLariirrand to be
issued at same time? A: sometimes. Q: Was this Iver first 1-111`? A: no it was not. Please look at exhibit 4,
witness reads. A: This was another PIP. Q: call you walk us through the reprimand? A: yes, she had late
arrival issues, and called out unexcused. Nov I", site signed rip f(>r OT, didn't show up. There's a list
also of other disciplines. Q: Look at: paragraphs under discipline, "you have been warned", and witness
reads where it states "you have been warne.d...PIP...no improvement will lead to termination". Q: The
tardiness put undue hardship on other employees? A: yes, in this position the dependency on the next
schedule
person
to ibeein that
all se atafter 12 hours. It creates OT for the person sitting there. Ile explains that the
hroughout training. It places an undue burden ors everybody. Q: The 24
hours/7 days a week. Q: exhibit 4, did you see any irmprovement in her? A: no. Q: Back to oxhibit 1, it.
states no improvement...suspended for four days. Was this explained to tier'? A: yes. Q: why did she
receive the
excuse suspension? A: we
hours late, thc.�ndhalf all�Ihou►r then 3 hours late tier first. E;arc17 time, she would give am
, c. (:.)n May 3I,s', she was warned that:
changes were not being seen. She was in the parking lot and called in sick. On June 4"' she was docked,
she continued to be late throughout.lune. Q: Did she have a chance to respond to the discipline'? A: yes,
but she did not. Q: After suspension, wham happened? A: she was out again. Q: Is that when you issued
the contemplated? A: yes, there was no improvement. (other employees were seeing this, and that she
was "allowed" to do this. Nothing was working, so last resort was to terminate tier. Q: what was her
response? A: she basically stated that she needed another chance, she didn't: know why she was late. Q:
Did you give tier enough chances'? A: yes. Q: laid you give tier enough chances to improve? A: yes. Q:
why then now'? A: our employees are valuable; we don't want to lose them. To let someone go that's
trained it's difficult. It takes a long time to get someone hired and trained. If they make a mistake, we get
it and there's training. But when there are policies that you continue to violate, then we have no choice.
Q: What type of`employees do you need to effective staff"? A: dependable, think on their feet kind of'
people.
No further questions of"witness.
Ms. Bonilla tells Ms. Villarreal that she call now make an opening statement and call any witnesses. Ms.
Villarreal says I don't know how to go about Tiny of this. Ms. Bonilla instructs her to tell her side of the
story. She says that Donnie did ask her if he could help her. I was tardy ori my OT days, and 1 apologize
for that, it was not my normal shift. One day I was 30 rninutes late. I did do my job very well. but for the
fact that I was late those times. I feel if'1 had a chance to be oil a different shift I Would have been ori
time. I wish I had an opportunity to carne in for the later power shift, 1 would have aced everything. I do
regret it all, I understand how important it is now, and it's a great company. I do take responsibility for
the tat-dies, and wish I could have had a later shift. If I did that, then I'd still be employed, have my.job.
It's been tough the last two months, but I would do anything to have another opportunity to work fair the
police department. I'd love to show you that I earl do this again, I really would. Even if I go back, I don't.
have to do O`I" until I'm ready, to show you. You know how good an employee I was. I did patching and
didn't ask anyone, I offered to patch. I did absolutely everything, never gave anyone problems, did
everything as I was told and worked bard. Did everything I could, did have personal issues. 1 went to the
doctor for personal issues, anxiety issues. I'm sorry I lost my opportunity with therm, but I'd Dike to come
back especially for Ronnie. Lt's my (':)'T" that: messed me up, if I'd of never signed rip fir OT then I would
have been ok. 1 messed myself Up by not keeping track of it. Ms. Bonilla asked if she had anyone, any
witnesses to be with her. She states no, I'm here o►1 m own.
City does not have any questions for Ms. Villarreal, and makes closing statement. Ms. Castillo says that
these issues go all the way back to 2011, and she has been given many chances. She asks Cie board to
consider the entire picture, and not dust the past month. She stages the department did work with this
cnlployee, they did try.
9:50 Closed session is called.
9:53 back on record.
Chairperson Bonilla calls meeting back to order, says that they have considered the appeal. Motion was
made to uphold the termination by Guy Nic.kleson. All in favor, (Bonilla and Nickleson), to uphold the
termination. Board member Paul C rivich arrived, but was not part of file decision for Ms. Villarreal.
Break so that IIIA staff could notify the next appellant, Deborah Merlo to come to City Ilall for tier
hearing now, instead of waiting r►ntil l:00 PM.
Chairperson Bonilla resumed the meeting at 11:08, and swears in witnesses.
Mark DcKoch opens for the Deborah Merlo hearing. Mark tells the board that Ms. Merlo was demoted
from supervisor, and is now a dispatcher. fie explains that she is a good dispatcher, but she was not a
good example as a supervisor. Ile explains that she was late frequently, putting on make-up at her desk,
etc. We are seeking not to terminate, but to demote as she is not a good example. She was put o►1 a. PIP
in May, but there wasn't sufficient improvement. Progressive discipline has taken place.
Ms. Merlo makes her opening staterrrent and thanks the board. She tells them that there were issues on
both sides, and not just her end. This is her career she explains, and this is my life and my family's life,
and is very important to me. She says that no rrlatter what happens, she wants to Continue a goad
relationship with Mr. Sepulveda.
City calls Ronald Sepulveda, and Mark asks him to explain his title, and duties. Witness stater, what he is
responsible for at MetroC:'om. Q: Is Ms. Merlo all employee of yours in MetroCom? A: Yes. Q: Please
explain to the board what MetroCom does. A: Witness explains what MetroCorn does. Q: Police, Fire,
constables, FMS for City, county`? A: yes, and lie expands o►► the counties served. Q: III call 911, or we
dial 911, it's answered in MetroC orn? A: Ycs, and all the non-emergency lines, airport crashes too. Q:
Do you also dispatch when 911 calls come in'? A: yes. Q: Is it a stressful job? A: yes it can b(,. Q: What
are the hours`? A: Gam-Cpm and Cprn-Gam, twelve hour shifts. Q: What is the process upon hire? A: the
process has changed; Ms. Merlo was hired through county First and transferred over. They go through
background, Crit.iCall, interview. After hire a. yearlong graining academy. Q: Certain rules we will be
discussing, why are they in►portant? A: security reasons for no recording devices, lockers provided to
keep phones, they can't text officers. Q: Alt employees given these directives? A: yes. Q: On more than
one occasion? A: yes. Q: What about the makeup'? A: he smelled smoke once from a curling iron, and
felt the need to send out the directive not to part on makeup or do hair, etc on the jab. Q: Another issue is
attendance? A: yes, it causes lots of problems, because the supervisor needs to be the exampl,, and be on
time. Q: Is there a specific place where MetroC:orn employees swipe in? A: yes, I know it sounds silly,
but tirne is
designated arKiRONOS►clock►for them aEmployees
swi pe iinwere
a►d swiping oil the first floor and walkingair
designated swipe T~' immediately. Q: anything given
to them telling them this? A: yes, in the division manual. Ms. Merlo helped to write this manual. Q:
What was tier position? A: Dispatch supervisor. Q: What do they do`? A: they need to be on time,
dependable, able to be professional and follow the rules that they are enforcing, set a good role model.
Mark hands him exhibits A-F, and asks trim to review, turn to Exhibit l:). Witness reviews the PIP for
Ms. Merlo .5/09/14. Q: Explain what a PIP is`? Witness answers discipline for improvement, Q: Is this
her first: PIP? A: no. Previous one was in 2013. Q: Did you tell her what her deficiencies were? A: yes,
she was not doing as expected as a supervisor. Leave the room, not there on time, telling her employees
about meetings. Q: you continued to moni°tor? A: yes. Mark asks him to react Exhibit A, contemplated
letter oil July 7, 2014. O: Did this come out of the PIP`? A: this was during the PIP, since she wasn't
improving. Mark asks him to read, witness reads 1-4. Ile reads about the cell phone usage on 5/19.
Mark asks him to continue reading where it states about her tardiness and makeup. Q: Is this something.
You've spoken with her about? A: yes. Please continue reading-witness reads the consequences of failure
to improve would lead to demotion. Q: ser she was warned? A: yes. Please look at exhibit E3, and tell the
board. A: Additional contemplated 7/23/14. Q: What is this? A: when the chief saw this, he wanted Lis to
expand and re-write the contemplated letter to include all of her discipline. We did so, and exrilained this
to Ms. Merlo. 'Furn to
gll of divisional
manual?
specific to
Exhibit B? A, yes, arrivingoitimethe clockPlease review Fxhibit C and tell
the board.
Witness states this is the CS13 letter for demotion. Mark asks frim to react allegations. Ile reacts the
allegations for the board. Q: Is it in fact against policy? A: yes. Witness continues to read the dates and
allegations, and then turns to exhibit: C. Please turn to 2"`' page and read out IOUd the allegations of
conduct. Witness reads about arriving oil time., cell phone, KED(.NC.)S clock, calling in late, makeup
usage, which violate divisional rules. Q: She had been discussed that she wasn't following divisional
I-Liles? A: yes. Q: is the fact that she is a supervisor especially important for her to follow divisional rules?
A: yes, the supervisors are more experienced and we expect them to be professional and set the example.
We expect them to follow the rules. Please look at second page, and read out loud. Witness reads,
Mark states to witness he wants to take cath allegation individually. Such as arriving oil time, showing
Pictures oil the cell phone. Please turn to exhibit D, date stamp 27-email from Sylvia Utley-IVlay, subject
Deborah Merlo. Ile reads that she showed cell phone pictures to co-workers. Q: showing pictures on her
phone? A: yes. Q: What is the date of her PIP? A: May 9i8i. Then oil 5/13, he reads another allegation
from another violation of'policy correct? A: yes. Q: Who is Kathryn Ferguson? A: A dispatcher. An
employee sending an email about. her supervisor not following the rules? A: (''orrect. Mark asks him to
turn to second allegation and exhibit C. 6/11/14 clocking in ort the wrong floor. Turn to exhibit D, date
starrrp 24. Look down to 6/11 and what time she clocked in? A: 5:59. Q: where? A: first floor. Turn to
exhibit f3, and look at chapter 2, and read. Mark continues having the witness read all the allegations.
After this line of questioning, Mark asks witness why policies are irrrportant for a supervisor? A: We
need things to rut) smoothly. I expect rnore from the supervisors. It's bard to discipline others when the
supervisors do the same thing. I had several conversations with Merlo about the importance of setting a,
higher standard. Q: Was the PIP ill place k.o help her improve in her position as a supervisor? A: yes.
Was Ms. Merlo aware of policies? A: yes. Q: 'Tell the board why, on 8/12/14, you chose to demote her?
A: 'There have been a couple of years ofdeficiencies where she didn't listen. She,claims she wasn't being
treated fairly, and it got to a point of_no change. I received anonyrnoLls notes about: her and noted what
was going on. She was there and was nota role model. I lost confidence in her. Q: Did you give her
Opportunities to correct? A: yes. Q: As a dispatcher, is she good'? A: yes, she knows her job, she's a good
dispatcher. Q: Could you have terminated her'? A: yes. Q: Are you out to get her? A: no, I am not.
Mark wants to show progression of discipline, and asks the witness to read Exhibit D, pages 225-227.
Witness reads a letter to Capt. McKinney from Phillip Sepaugh, Merlo's former supervisor. Letter of
reprimand for not: evaluating in 9/2005. Mark asks witness to tura to page 197-letter of reprimand from
Lydia. Curiel dated 4/2009 and asks witness to read the allegations. Witness reacts that it was for cell
phone usage in MetroC:om. Please read page 170-en—lail froril 7/2011-letter 01' counsel from Ronnie
Sepulveda to Merlo. Q: Could you have done stronger discipline? A: yes. Please read the letter to her
4/4/1:3-he reads the letter he sent to her about not setting a good example as supervisor. Mark leads up to
the PIP on 5/0/14. Q: Was she warned she would be demoted? A: yes. Q: Did she improve'% A: no. Q:
Please tell the board why you feel she m,^;eds to be demoted? A: Again, it was a role model issue.
Decision was made because I didn't want to lose tier, she, a good dispatcher, but she wasn't following the
rules.
City passes the witness.
Ms. Merlo gives evidence binder to the board and to the City side. Chairperson calls a break witil 1:00.
Resume and back oil record at 1:05.
Ms. Merlo asks Ronnie Sepulveda: Q: is the makeup-is it a policy or a directive? A: a directive. Witness
refers to art email about freshening up on break and tells Ronnic she was oil break at that time. She asks
is it in the manual that employees need to leave the room during break'? A: I told the supervisors, but it
wasn't written down. Q: Is that what 1 told you'? A: yes. Was it investigated whether or not I was oil
break? A: no.
Mark objects to the written statements she provided as evidence, as they have no relevance to the hearing.
Merlo asks witness on 5/9, it states that I did improve, correct? A: yes, some. Q: If I w,zs showing
improvement why was I demoted? A: You showed some improvement, but not all areas. Q: L)oes it state
that it cam never happen again? A: no, it's to make you aware of your deficiencies so you can improve.
Q: Have you ever worked a frill shift as a dispatcher'? A: no. Q: you stated that I thought you were against
nye. Did we discuss this? A: yes. Q: Did I talk to your supervisor? A: yes. Q: Did I file a grievance? A:
yes. Q: About the allegations, do You know why it never went to I IR? A: Commander I-Ioust,:)n said that
it did. Q: Remember conversation about SWAT tee rn? A: yes. Q: DO you remember telling me that I
wouldn't be a good fit: because I had a small child? A: I don't recall that. Q: Does Kathryn Ferguson
complain a lot'? A: no. Q: Was I ever asked to bring in the device they thought was a cell phone? A: no.
Q: Are you aware it was a tablet, and that they are the same size? ObJection-sustained. Q: Was I on
intermittent FMLA? A: yes, not sure ofthe time. Q: My child was very ill, correct? A: yes.
Mark objects to questioning, and Susanne Bonilla explains the process.
Merlo asks witness why there were two contemplated letters'? A: New boss wanted it rewritten to list why
she was being demoted.
City calls Deborah Merlo. Marks asked did she show cell phone pictures to co-workers in dispatch'? A:
yes, but it was oil a tablet, not a phone. Q: Did you clock in on first floor'? A: yes, but not sure why that
day I did that. Q: Ever come to work without makeup? A: I don't know. Q: Ever part or7 makeup at
workstation'? A: only oil break. Q: Do you know you need to follow rules as supervisor? A: yes. Q:
Think its ok to follow rules part-time? A: no, but I showed improvement. Q: flow many years or what
time frame should a supervisor be allowed to iniprove? A: case by ease basis. Q: Ever received an
evaluation that you were deficient or needs improvement on professionalism, tardiness, attendance? A:
no. Q: Where do you think your improvement was? A: I was only tardy one time. Q: You've been told
about this for years. A: like I told Ronnie, my family comes first. Q: As a supervisor, ever write up
anyone for being late? A: yes.
Mark states City rests.
Merlo calls Jack Cooper, witness. States name for record. Q: how long olid you work rnetrocorn? A: 2
years. Q: Why did you leave? A.: frUSn',rtia:on, stressful Job. I felt uncomfortable with the chain of
command. Mark ohjects, and witness is dismissed as irrelevant to hearing.
Merlo calls Daviel L,anda, states name title, etc. His testimony was abOUt her being a good supervisor,that
he had neo issues with her, states that she is professional, and give examples of such.
Passes witness to City: Mark Q: Do you have any knowledge of`Merlo showing pictures on her phone? A:
no. Q: any knowledge of laer clocking in on first floor'? A: no. Q: of her arriving late? A: no. Q: putting
on makeup at tier workstation? A: not really.
Merlo calls herself as witness and states that she's always had ra problem with tardiness. Makeup was put
on during her break. She was trying hard because she knew she was going to be demoted. Once she was
late 30 minutes, they "ran with it". She doesn't think it'sµjust:ified taking away seven years as supervisor.
She takes full responsibility but wants it to be fair and justified.
Mark makes closing argument. tier behavior wasn't improved, she continued to violate the rules.
Employees see it. She still has a position with theCity. Please uphold the dertaotion.
Merlo makes closing argunTaerat. She nays that her skills and abilities-nobody can take that fG-om me. It
did not justify demotion. Makeup and two tar-dies, I feel I've made mistakes. The 1111), 1 did improve.
It's been tough, but I've come to work and done my job. Regardless, I'm not going anywhere. Please
give me a chance to show that I can handle it. I appreciate the time to present my side.
Mark states that she does have a chance, that she can become supervisor again. But, only if'she shows
improvement:. She needs to show it, and she,didn't do it.
Closed session called at 2:15 prn.
Hearing resumed at 2:17prri.
Motion made to uphold the demotion, all in favor. The board tells Ms. Merlo that she did a good job
presenting her case, and that they all believe she will become a supervisor again.
Meeting adjourned at 2:18.
Susanne Bonilla, Chairperson Guy Nrc leson, Member
Civil Service Beard Civil Service Board
Paul ,r' i 17, Member Ya nine E3. Chapman, Secretary
Civil Service Board C`vil Service Board