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HomeMy WebLinkAboutMinutes Civil Service Board - 04/24/2015 MINUTES 57 "d CIVIL SERVICE BOARD HEARING 1201 LEOPARD ST., CITY HALL BASEMENT TRAINING ROOM April 24,2015 BOARD MEMBERS PRESENT: CITY STAFF PRESENT: Susanne Bonilla,Chairperson Yasne Chapman, HR Director Guy Nickleson, Member Aimee Alcorn, Asst. City Attorney Paul Grivich, Member Ashley Barnett, HR Analyst Chairperson Bonilla called the 5731 Civil Service Board hearing to order at 1.-05 p.m.Amanda Draper,the appellant did not attend tea eal hearing.Chairperson Bonilla read agenda Item#1,and#2. ITEM #I Review and approve the minutes of the 572"""Civil Service Board hearing held on March 27, 2015. ITEM #2 Review and consider the appeal filed by Amanda Draper, Deputy Court Clerk IV with Municipal Court,on her termination. Chairperson Bonilla reads agenda item fl, and the two board members (Bonilla and Nickleson) approve the minutes. Ms. Bonilla moves to Item#2, and reads. Chairperson Bonilla swears in witnesses. City does not invoke rule.Amanda Draper is not present to present her case. Aimee Alcorn makes opening statement about the termination of Amanda Draper. She explains Ms. Draper requested vacation from February 27"'through March 3,2015. The amnesty period forte Municipal Court for Warrant Roundup started on February 23'and ran until March 6"'. Her vacation request was denied due tooperational needs sothat Ms. Draper could be present for Warrant Roundup. On February 26, 2015, Ms. Draper called in sick and informed her supervisor that she had a to infection and was contagious and therefore,couldn't come into work.On February 27,20 15 Ms.Draper was seen on video of through the TSA checkpoint at the Corpus Christi International Airport to board her plane to Las Vegas as originally planned. Aimee states the City will show that when Ms. Draper returned she was asked to provide proof that she changed her vacation plans. She did not do so, and attempted to cover up her actions by bringing in Doctor's notes suggesting that she sought treatment while she was in Las Vegas, however the Doctor's notes are from Corpus Christi.Aimee requests the board to uphold her termination due tothe circumstances. City calls Kimberly Jozwiak as the first witness. Aimee asks Ms.Jozqwiak to state her name and position for the record.Q: Are you the custodian of records for Municipal Court?A.- Yes. Aimee asks Ms.Jozwiak to look at exhibits 14 and 10, 11, 14, 15, Are these all records that are kept in Ms. Draper's personnel file at Municipal Court?A: Yes, they are. Q.- Were they created by employees at Municipal Court at or near the time these incidents occurred?A: Yes. Q 1416: Are these true and correct copies oft records?A: Yes. The City offers exhibit I-4, 10, 11, - . Chairperson Bonilla accepts the exhibits.Aimee continues to question Ms.Jest qwiak.Q Looking at exhibit 3, did you sign a contemplated disciplinary action letter dated March 6, 2015? A: Yes. Q: Did you then terminate Ms. Draper on a letter dated March 10,2015?A: Yes. Q: by was she terminated?A: For abuse of sick leave. Q: If you could look at Exhibit 4 on January 27, 2015, did Ms. Draper put in a request for vacation? A: Yes, she did. Q: Was there a travel itinerary attached to that vacation request? A: Yes, there was.Q Why was this request denied?A: For operational needs,her request fell during the warrant roundup. We pretty much refuse anyone vacation time during Warrant Roundup, other than for L . Q: When do you find out when Warrant Roundup is held?A.-Approximately 21 days before the actual Warrant Roundup d . - Nate. Q: Did Ms. Draper report for duty on February 26"', 27"', March 2n1, March 3', or March 09 A. o, she did not. Q: When she returned to work, did she provide doctor's notes? A: Yes, she did. Q. Did your department require additional information? A: We did require additional information, yes. Q: Why was that? A: She indicated tats a was cancelling her requested vacation leave, and would request leave at a later date. She was going to cancel this particular trip, so we wanted to show that she asked for vacation time, it was denied, therefore, she didn't go on vacation and she was really sick. She did not provide that information. Q. In Exhibit 2, is is a contemplated disciplinary action letter for Ms. Draper, did Ms. Draper suggest ase would have been able to provide documents to show that she cancelled her vacation? A: It does suggest that. No further questions of witness. Aimee calls Terry Teri as a witness. Aimee asks that Ms.Teri to state her name and position for the record. Aimee asks Ms. Teri to review Exhibit S. Q: On February 26, 2015,did you receive anemail from Interim Financial Services Supervisor, Christina Marquez regarding Ms. Draper?A: Yes, I did. Q: Why did Ms. Marquez send you this email? A: It's a function of hers as opening supervisor that she lets me know who is present and who is not. In this particular email there were extenuating circumstances because it was during Warrant Roundup and she documented that in the email. Q: Is Exhibit 5 a true and correct copy oft e email you received from Ms. Marquez?A: It is.The City offers Exhibit 5 and Chairperson Bonilla accepts it. Aimee refers to Exhibit 10. Q: Is this the doctor's excuse provided by Ms. per when she returned to work?A: It is. Q: What date does it say she visited that doctor?A: March 2"'. Aimee refers to Exhibit 4. Q: What date does it state she was to return from Las Vegas?A: March 31. Q: Was the court short staffed during Warrant Roundup?A: It was staffed but we didn't have anyone to shift around and cover for lunch hours. Q What was Ms. Draper's duties during Warrant Roundup?A: To work the cashier's window. Q: How long were the lines during WarTant Roundup?A.- Normally,the lines are contained within the lobby area. During Warrant Roundup they came around that area, back down the all, past the bathrooms, almost tote next hallway and they were like that for most of the day. Q: Did you provide Ms. Draper with copies of both the contemplated disciplinary action and termination letters?A: I did. Q: Did she refuse to sign both letters?A: Yes, she did. Please look at Exhibits IS & 16. Q: Do these emails reference City policies regarding absences and vacation leave approved in advance? A: Yes,they do. Q: Did Ms. Draper provide you proof that she rescheduled her trip?A:No she only provided the initial reservations. No further questions of witness. Aimee calls Sylvia Guzman as a witness. Aimee asks Ms. Guzman to state her name and position for the record.Q: How did you come into contact with Ms. Draper?A: My initial contact with Ms. Draper was the day that she returned from her sick leave after she had met with Ms.Teri at Municipal Court. Aimee requests Ms. Guzman to review Exhibit Are you familiar with this document?A: Yes. Q: What is it? A: The City of Corpus Christi Human Resources Policy manual.Q Is this a true and correct copy oft e policy manual?A: Yes. The City offers Exhibit 6 and it is allowed. Q: Are employees given copies of this manual?A: Yes. Aimee asks Ms. Guzman to look at policy I ®2 on page 7 and asks Ms. Guzman to read the policy. Ms. Guzman reads the paragraph regarding time and attendance. Aimee asks Ms. Guzman to look at Exhibit 7.Q: Is this a true and correct copy of the Rules and Regulations of the Civil Service Board?A.- Yes. The City offers Exhibit 7 and it is allowed.Q Did you receive a phone call on February 18, 2015 regarding employee vacation and sick leave?A: Yes. Aimee refers to Exhibit 8. Q What is Exhibit 8?A: It is a screen shot of my phone to that indicates I received a call from a Lloyd Draper. Q: Who is Lloyd Draper?A: Based on Ms. Draper's employee file it is hers ouse. Q.- Is this a true and correct photograph of the phone?A: Yes.The City offers Exhibit 8 and it is allowed. Q. What information did Mr. Draper request when he called?A: The gentleman did not want to identify himself, he identified himself as a City employee but did not want to give his name. He was asking questions about what was the standard practice of requesting vacation and having vacation approved by the department. My comments to him were very general because I didn't now what department he was talking about and he wanted to remain anonymous. He started asking what would happen if he called in sick if my vacation was denied. The answer I gave him was that there would be potentially consequences for that because it is a violation of policy. Aimee asks Ms. Guzman to look at Exhibit 9. Q: Do you recognize this disc, Ms. Guzman?A: Yes, Q: What is this disc? A: This is the video provided by Corpus Christi International Airport of Ms. Draper of through the TSA Security Checkpoint on Friday, February 271". Q Have you viewed these two videos?A: Yes. Q: Is that a true and correct copy oft e videos?A: Yes. The City offers Exhibit 9. Q: Were these videos taken around the time that her flight was supposed to leave for Las Vegas?A: The time stamp on the video is approximately 3pm on Friday, February 27"'. Aimee asks Ms. Guzman to to to Exhibit 12.Q: What is Exhibit 12?A: It is a document sent tothe City of Corpus Christi from the Texas Workforce Commission regarding Ms. Draper's unemployment claim. Q: Is this a true and correct copy of the document? A: Yes, it is. The City offers Exhibit 12. Aimee asks Ms. Guzman to look at 12A. Q: According to the notes on 12A,what date did Ms. Draper go to TLC Complete Care? A: Audrey indicated that Ms. Draper was actually seen on 3/3/15 and that Ms. Draper could return to work on 3/5/15. She was not seen on 3/2/1 S. Aimee asks Ms. Guzman to to to Exhibit 10. Q. What date does Exhibit 10 show?A: 3/2/1S. Aimee asks Ms. Guzman to review Exhibit 13. Q: When this discrepancy was discovered did the City investigate?A: Yes. Q: Is Exhibit 13 a business records affidavit from TLC Complete Care?A: Yes.Q: Attached to that business records affidavit, is that a copy of the original letter given to her?A: Yes.The City offers Exhibit 13 and it is admitted. Q: at date does that state?A- 3/3/1 S.Q: What date was Ms. Draper was supposed to return to Corpus Christi?A: 3/3/15. Q: Did you verify that her itinerary was still current as of March 209 A: Yes. Q: Ms. Draper was not in Corpus Christi on March 2"d, is that correct? A: Based on her itinerary,yes. Aimee asks Ms. Guzman to review Exhibit 17. Q: What is Exhibit 17?A. A USPS Return of Receipt on a Certified Mail document. Q: Who was it delivered to?A: Amanda Draper. Q Does it state on there when it was delivered? A: It was received on 4/11/2015.Q: Is it signed by Ms. Draper?A: It's signed but I can't tell who the signature is.The City offers Exhibit 17. Aimee asks Ms. Guzman to view Exhibit 18. Q: Ms. Guzman,what is Exhibit 18?A: It is a letter sent by Ashley Barnett, HR Analyst to Ms. Draper notifying her of the hearing. Q: That was sent via certified mai I?A. Yes. Q: at date was it sent?A: It was sent on 4/9/15. The City offers Exhibit 18 and it is approved. No further questions. The City rests. Chairperson Bonilla states for the record it is 1:27 and Amanda Draper is not present, The evidence presented in this case is clear. Amanda Draper intentionally and knowingly abused her sick leave. She knew ase was of was wrong and she did it anyway.The letter that was submitted to the City to obtain her sick leave was altered which shows Ms. Draper did know that using her sick leave to go to Las Vegas was wrong and could lead to termination and she was willing to do anything she could to avoid termination so she falsified documents. Ms. Draper's attendance at Warrant Roundup was important, they needed all hands on deck at Warrant Roundup because the lines are really long and they wanted to get people in and out of the line as quick as possible. For these reasons the City asks the board to uphold the termination. Motion was made to uphold the termination by Paul Grivich. All in favor,(Bonilla and Nickless n),to uphold the termination Meeting is adjourned at 1:29. ............ 2� sanne Bonilla, Chairperson 'oy Nickleson, Me Civil Service Board Civil Service Board O au c .. . .............................................................................................................................................................................................. ......... ........... .................................... ........................... ....................................................Paul Grivich, Member Y mme B. Chapman, Secretary Civil Service Board Civil Service Board