HomeMy WebLinkAboutMinutes Civil Service Board - 01/16/2015 MINUTES
571"CIVIL SERVICE BOARD HEARING
1201 LEOPARD ST.,CITY HALL
BASEMENT TRAINING ROOM
January 16,2015
BOARD MEMBERS PRESENT: CITY STAFF PRESENT:
Susanne Bonilla,Chairperson Yasmine Chapman,HR Director
Guy Nickleson,Member Jody Leake,Asst.City Attorney
Paul Grivich,Member Tina Belock,HR Analyst
Board member Guy Nickleson is late.Chairperson Bonilla called the 57152 Civil Service Board hearing to
order at 9:11 a.m.Chairperson Bonilla read agenda Item#1,and#2.
ITEM#I Review and approve the minutes of the 570 Civil Service Board hearing held on
December 19,2014.
ITEM#2 Review and consider the appeal filed by Ricardo Saldana,Water Technician 11,
on his termination.
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Chairperson Bonilla reads agenda item#I,and the two board members(Bonilla and Nickleson)approve
the minutes. Ms.Bonilla moves to Item#2,and reads.
City invokes rule.
Jody Leake makes opening statement about the termination of Ricardo Saldana. He explains that Mr.
Saldana had several disciplinary actions and was finally terminated for attendance issues and tardiness. He
goes through the warnings, discipline, etc. He explains the multiple chances the department gave him,
through two suspension,PIPS,counseling,etc.but his conduct did not change.
Mr.Saldana doesn't wish to make an opening statement.
City calls Michael Olivares,and he is sworn in.
Mr.Leake asks him to state his name and city record,position.Q:Are you currently employed?A:Yes,
City of Corpus Christi Utilities Department Q:How long have you been employed?A:Just a little over 2
years.Q:If I'm not mistaken you are you in charge of Mr.Ricardo Saldana?A:Yes,that is correct.Q:
How long have you known individual?Just a little over 2 years.Q:Explain to board the duties as
superintendent?A:I'm in charge of operations and oversee maintenance of infrastructure for water,
construction,wastewater,and,spill water.Q:Give board an idea of what water crew do,for example the
water crew Mr.Saldana was on?A:He was on Emergency response crew.They go out to emergency
main breaks,and begin making repairs on those lines whether it's a service line,transmission line or
4r distribution line.Q:How many water crews do you have?A:We have a total of six.They're split
throughout the week.There's three at the beginning of week and three at the end.Q:So at any given time
there are three crews that cover the entire City,is that correct?A:That's correct.Q:As a superintendent,
do you have visibility over the employee's new work schedules,for example when they don't come in,
unauthorized absences,or if they are tardy?A:That's correct,I work with the work coordinator who
reports all the tardiness or un-attendance per day.Mr.Leake requests witness to review Exhibit 1:
Termination letter and look past the mid page specifically,where it talks about conduct.Q:Do you see
where it says April 14,2014,Ricardo was issued a(PIP),performance improvement plan.A:That's
correct.Q:At the time of his termination,Mr. Saldana was put on a PIP? A:That's correct.Q:Can you
explain to the board what a PIP is?A:It's a plan that we put on employees who need to improve their
performance whether they have tardiness or attendance issues,or any other type of work related
performance that's not up to par where it should be.We put them on PIPs to help them build that skill or
improve in that area to make them a better employee.Q:How long does a pip last?A:This specific plan
was a year.Mr.Leake asks witness to turn to page two of the PIP and review the date.Q:The PIP is dated
April 9,2014,so his PIP was in effect up until April 14,2015,correct?A:Yes,that's correct.Q: Would
that mean that all through the month of November 2014 his PIP was in effect?A:That's correct.
Q:How often on his PIP was he evaluated?A:Every month.Q:Can you read for me after April 14,2014
where he was put on the PIP,as to why he was terminated where it begins on November V.A:On
November 3,2014 Mr.Saldana was scheduled to work beginning at 7:30 am,he arrived at 9:56 am which
was not an approved adjustment to his schedule.On November 9,2014,Mr.Saldana was scheduled to
begin working at 7:30 am,Mr.Saldana arrived at 9:01 am not an approved adjustment to his schedule.
On November 10th,Mr.Saldana was scheduled to work,but didn't show up nor call to report his
absence.On November 11,2014,Mr.Saldana informed his foreman,Israel Perez,by text that he was
sick.On November 12,2014 he was scheduled to work but didn't show up or call to report his absence.
Q:Did you have personal knowledge of the events?A:Yes.Q:Would you agree by what you read that
there were several instances Mr.Saldana was not at place of work,not performing in job functions
according to schedule,and not authorized?A:I agree.Mr.Leake asks witness to turn to#8,specifically
page 7.Mr.Leake then reads#2 Attendance,in the City of Corpus Christi Human Resources Policy
Manual.Q:Did I read that correctly?A:That's correct.Q:That is from the City of Corpus Christi Human
Resources Policy Manual,correct?A:That's correct.Q:Do you believe that is the policy manual that was
referenced in Mr.Saldana's termination letter?A:Yes.Mr.Leake refers to Exhibit 1-PIP.Q:Are you
familiar with the City's progressive discipline guidelines?A:Yes.Q:Do you think that the PIP is one
way that would satisfy the function of progressive discipline?A:Yes.Mr.Leake asks witness to turn to
Exhibit 7-Employee Performance Appraisal dated November 1,2011 to October 3I't 2012.He then asks
witness to refer to Quality and read first bullet point.Witness reads,"Has reliable attendance,is on time,
and observes work hours."Q:What rating was Mr.Saldana given?A:Needs improvement.Mr.Leaks
requests witness to turn to the second page of the employee performance appraisal under Coals and read
second sentence.Witness reads second sentence."Be at work on time all the time and be consistently on
time.Not just for a week or two and then go back to the same routine of being late.Q:Is that your
signature on the bottom of the second page?A:That's correct.Q:What does that sentence sound like to
you that the management was saying to Mr.Saldana?A:That he needed to improve on his tardiness and
absences.Q:Does it sound like he has only done it one or two times?A:No.Q: Does it sound like in the
past?A:Yes.Q:Would you agree the employee performance appraisal is one way to begin progressive
discipline?A:Correct.Q:Did Mr.Saldana offer any statements or rebuttals to this review?A:Not that I
know of.Mr.Leake requests witness to turn to exhibit 6—One Week Suspension.Q:What is the date on"
this,this is a one week suspension,correct?A:Effective March 24,2014 to March 3152
Jody asks witness to read specific conduct by which Mr.Saldana violated.Witness reads the conduct that
was stated on the one week suspension letter.Q.So if I'm understanding correctly,from January I",to
February 12",there were 19 different times where his work truck was parked and turned off for periods
from one to eight hours.A:That's Correct.Q:Would that be normal for someone in Mr.Saldana in his
position?A:No.Q:Can you explain to the board why that wouldn't be normal?A:At that time he was a
first responder,first responders take emergency calls after hours.If the work load isn't heavy during that
time frame there are other duties that can be done like keying in work orders,exchanging meter reads,or
even going back to the yard to clean out trucks.A specific location is not authorized.Q:Did Mr.Saldana
appeal this?A:No,I don't believe he did.Q:Would a one week suspension be one step for progressive
discipline the department would use?A:Yes.Mr.Leake requests witness to turn to exhibit 5 and read the
date.Q:This is a contemplative action for termination,do you recall this?A: I do.Q:It looks like you
had a meeting with Mr.Saldana on April 14,2014,is that correct?A:I believe so.Q:Was he terminated
following that meeting?A:No. Q:Why is that?A:We felt we wanted to give him a chance to improve
his performance and put him with a different work crew where he was supervised a little more than being
on his own.Q:Different job title?A:No,same job title.Q:So he was simply moved to a different work
crew where he would have more oversight by management?A:That's correct.Q:That was done in lieu
of termination?A:Yes.Q:Would you say that was giving Mr.Saldana a second chance?A:Yes.Q:In
your opinion do you think that is another step in progressive discipline?A: I believe so,yes.Mr.Leake
requests witness to turn to exhibit 3.Q:This is a two week suspension,is that correct?A:Yes,April 9,
2014.Q:Please explain to the board why Mr.Saldana was suspended?Witness reads the suspension to
himself then explains why the employee was suspended Q:It seems to me as Mr.Saldana was called in?
A:Yes,we had called him in to come into a meeting.Ile refused to come in and said he was on his own
time.I believe we had called him several times throughout the day but wasn't getting any responses.
Asked my work coordinator to text him and see if he would respond back.Q:Was he still considered at
the time a first responder for the water department?A:Yes,he was a first responder.Q:Is it common to
call first responders during their time off?A:Yes,sometimes we have meetings for first responders.Q:Is
that communicated to employees?A:Yes.Q:So did Mr.Saldana appeal this suspension?A:No.Q:
Would this be another step for progressive discipline?A:That's correct.Q: So this along with all the
other disciplinary actions,is what led to the PIP?A:That's correct.
Mr.Leake summarizes all of the disciplinary actions Mr.Saldana was given before he was finally
terminated for tardiness and unauthorized absences.Witnesses states all of the disciplinary actions were
given before the final termination.
No further questions of witness.
Mr.Saldana addresses the witness.
Q:You said that my suspension was for insubordination,correct?A:Correct.Mr.Saldana asks a question
regarding Tom.Witness states he can't speak for Tom.Q:Did I say I wasn't coming in at all?A: I don't
recall the conversation at all.Witness asks employee if he is referring to when employee text Tom and
said it was his personal time.Employee states yes,it was during my personal time.Q: Is it normal for an
employee to get in trouble for insubordination while they are off the clock?A:If they don't follow
directive,yes.Q:Like any directive at all?A:If you are told to come to a meeting,yes.Q: Were first
responders on call?A:I don't know if 1 would say they are on call,but if they are asked to come in for a
meeting,they should follow the directive.Q:Even if they are doing personal stuff?A:If it was addressed
with the supervisor at the time.Q:Did yal ever say what the meeting was for?A:I can't speak for Tom,
but I'm more than sure that we did.
Bonilla states Mr.Saldana should address the termination rather than the details of the suspension.
Q:Did I ever call in to say I was going to be late or not make it from November 3,2014 on exhibit I?A:
On this specific date,I believe you called a crew leader and left a message.Which was not approved.Q:
Would Jeremiah's approval be sufficient?A:Was he a foreman or work coordinator?A:He was the
acting foreman.Q: Did I call in for any of the other instances that I was going to be late?A:There were a
couple of instances where you didn't call in at all that I recall.There were several you text crew leaders
that don't have the authorization to give you the time off or to be late.Mr.Saldana moves to Exhibit 2
halfway down the page.Mr.Saldana states it says I did not show up or call to report my absences.Q:Did
I try to get of anyone that day?A: I'm not sure.Q:On November 11,did I try to get ahold of someone?
A:I'm usually the last one to get a call if you can't get ahold of a foreman or work coordinator.
Q:According to the City policy,does it require an employee to call every day they are absent?
A:Correct,it does.Mr.Saldana refers to Exhibit 7 Employee Performance Appraisal.Q:How many
people have met or exceeded expectations for every item?A: I can't recall every single one of them,but I
don't believe there are too many that exceed expectations.Q:Do most of these employees have a needs
improvement?A:When 1 first came aboard I believe there was one on every employee's appraisal.
No further questions of witness.
Mr.Leake asks witness to turn to Exhibit 8,page 7 Time and attendance,and reads.Q:Can you explain
to the board what your interpretation of what proper authorization is?A: If you're sick,I would expect
you to call your supervisor,let them know you aren't feeling well.Get a doctor's excuse.If you're not
sick or don't call,we expect you to be at work on time.Q:Utility Technicians,are they given more or less
a chain of command?A:Yes.Q:How do they know who that chain of command is?A:We have org
charts and it's been discussed before.Q:Would you say most Utility Techs know who their first line
supervisor is?A:Yes.Q:In your opinion did Mr.Saldana know who his first line supervisor was?A:
Yes,he did.Mr.Leake turns to exhibit 2.Contemplated Disciplinary Action.Q:Did you have a meeting
with Mr.Saldana on November 19,2014?A:Correct.Q:Did Mr.Saldana make any arguments at that
meeting that he has questioned you about?A:Not that I recall.Q: Was he given a fair opportunity to
present his case to show he was properly authorized?A:Yes,he was.Q:After that meeting,it was still
determined based on the specific instances of conduct that he would be terminated,correct?A:Correct.
No further questions of witness.
Mr.Saldana approaches witness.
Q:Did I show up with a doctor's excuse for those dates?A:You had an excuse but I don't remember the
date range,I don't believe all the dates in question were covered.Q:What does the City policy say if you
miss more than three days?A:I don't have the policy in front of me,but I believe you need a doctor's
excuse.Q:And there was one provided,correct?A:There was one provided,but I don't believe it
covered all of the days that are in question.
No further questions of witness.
Mr.Leake asks witness questions
Q:Is it the Water department's normal course of business to create contemplated disciplinary actions
based on instances of conduct that are authorized?A:Yes.
No further questions.
The City calls Israel Perez.
Jody asks him to state his name and city record,position,how long he has been with the city.
Q:During the month of November 2014,were you in charge of Mr.Saldana?Yes,he was part of my crew.
Q:Do you recall any tardiness or unauthorized absences during November 2014?A:Yes,there were some
tardiness.Q: Was it common for Mr. Saldana to be late or to not come into work?A:Yes.Q: Would you
say he was tardy on a regular basis?A:Yes.Q:About how many time?A:At least ten.Q:Could you rely
on Mr.Saldana to come into work?A:No.Q: What did your water crew do?A:Emergency repairs.Q:If
your crew had a pipe that continued to leak,and the fix didn't work,what options did you have?A:Turning
it off the main line.I would have to replace the whole joint.
No further questions of witness
Mr.Saldana approaches Mr.Perez
Q:You said you couldn't rely on me to show up for work?A:Yes.Q:How long did we work that night?
A: Some nights,maybe twelve midnight. Sometimes we worked at twelve sometimes past two.Q: When
crews are on call,what is the normal time to be called out?A:After six.Q:How long does it normally take
for a repair?A: Easy repair,two hours.Hard repair,eight hours.Q:On November 9,2014 did I try to get
ahold of you?A:I don't remember,but it was the last part of October to the last first part of November.Q:
Normally,when I was going to be late did I notify you?A:Fifty-Fifty.You and I had the discussion about
contacting me by text or call. Q: So whenever I was late I didn't call?A: No sir, I didn't say that. You
would call sometimes,yes.But not every time did you call or text 100%.Q:Did I get ahold of anyone else?
A: Once in a while yes,that you were showing up, but I was never contacted in person or text. Q: Is it
normal for employees to get in trouble for insubordination when they are off the clock?A: I don't know
the policy that good
Mr. Leake objects,states employee had ample opportunity to appeal the two week suspension and didn't
do so.Chairperson Bonilla sustains.
No further questions.
Mr.Leake begins to question witness,Israel Perez.
Q:Is texting an allowable way to call in sick or showing up late?A:No sir.The city doesn't do that but we
allow them to text when there is no cell phone service but can text.Q: Is calling someone else or texting
them an allowable source?A:No sir.Q: Did you ever warn Mr.Saldana about his behavior?A: We had
several discussions.Q:Did Mr.Saldana have a response to those warning?A:Yes.Q:What did he say?A:
Can't do me nothing.City is well known for slapping people around and getting away with it.Saying I can
get away with it because John Doe got away with it.
No further questions.
Q:Did I ever go against city policy?A:Yes.Q:Which instances?A:To me,it's against city policy to not
let the leader or crewman to know about it.A man left the job site and 1 wasn't aware of it.It's dangerous.
Q:Other than absences,was there anything I went against City policy on?A:To my knowledge no.Just
absences and tardiness.Q:Did the individual that left work get in trouble?A:Yes sir.
Mr.Leake makes objection.Here for the appeal of Mr.Saldana,not the other employee.
Q:Did I ever question you about what you told me today?A:Yes,you did.My men couldn't depend on
you.If I can't depend on you and my guys are in a hole,you are my rock and I couldn't depend on.Q:
Most of the time when I would show up late,how late was t?A:sometimes,fifteen minutes,sometimes
an hour,sometime two.Q:Is it normal for other employees to clock in late?
Mr.Leake objects,we can't speculate what time all other employees'clock in.
Q:Was I the only person on your crew that you couldn't depend on?A:No.
Chairperson Bonilla tells Mr.Saldana the hearing is in regards to his behavior and absence,not someone
else.
No further questions.
The City rests.
Mr.Saldana rests.
Mr.Leake makes closing statement.Essentially,the city has proven that the specific act were true.The
evidence shows that Mr.Saldana and the specific acts are true.Not only that,he was also given ample
opportunity to change his ways and come in on time every week.From performance evaluations all the
way up to one week suspension,two week suspension.Progressive Discipline was almost perfect.It went
from a simple verbal to one week suspension,two week suspension,and contemplated disciplinary action
stating that we are going to terminate you,and then deciding to give him a second chance,move him to a
different position.It didn't work even with the ample opportunity.Finally,on November 20"i,what
happened was something Mr.Saldana was banking on wouldn't happen and he got terminated.He failed
to show there was credible evidence to disprove the allegations of the specific instances of conduct that
were alleged in the termination letter.
Closed session is called at10:09 am.
Back on record at 10:12
Chairperson Bonilla calls meeting back to order,says that they have considered the appeal. Motion was
made to uphold the termination by Guy Nickleson. All in favor,(Bonilla and Nickleson),to uphold the
termination
Susanne Bonilla,Chairperson L--Guy�o ,`Member
Civil Service Board Civil Service Board
Paul G 'vi ,Mem er Yasmine B.Chap ian, cretary
Civil7x ce Board Civil Service Board
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