HomeMy WebLinkAboutMinutes Civil Service Board - 06/03/2015 MINUTES
574'h CIVIL SERVICE BOARD HEARING
1201 LEOPARD ST., CITY HALL
HUMAN RESOURCES CONFERENCE ROOM
June 3,2015
BOARD MEMEBERS
T® CITY STAFF PRESENT:
Susanne Bonilla,Chairperson Yasmine Chapman, HR Director
Guy Nickleson, Member Aimee Alcorn, Asst.City Attorney
Ashley Barnett, HR Analyst
Chairperson Bonilla called the 574"1 Civil Service Board hearing to order at 6:11 p.m. Board Member Paul
Grivich is absent. Chairperson Bonilla swears in witnesses and then read agenda to #1, and #2.
ITEM #1 Review and approve the minutes of the 57311 Civil Service Board hearing held on
April 24,2015.
ITEM 9 2 Review and consider thea eaI filed by Charles Benavidez, Maintenance
Technician with Utilities, on his termination.
Chairperson Bonilla reads agenda item#1,and Board Member Nickleson motions to approve the minutes.
Chairperson Bonilla seconds the motion and the minutes are approved. Ms. Bonilla moves to Item #2, and
reads.
City invokes the rule.Aimee Alcorn makes the opening statement.
Aimee Alcorn makes opening statement about the termination of Charles Benavidez. She explains Mr.
Benavidez was a Maintenance Technician with the Utilities Department. She states the focus oft e case is
on the City's Alcohol and Drug Abuse policy. The City has a strict policy regarding the use of alcohol and
drugs by employees. One of the requirements of the policy is that you must submit to a drug test when
required to do so by Human Resources. Failure to do so does result in automatic termination under the
City's policy. The City will show that on May 4, 2015, Mr. Benavidez was required to take a drug test by
the Human Resources department. He was driven tote Doctor's Center to take the drug test. The test that
was ordered by Human Resources was ordered to be an observed drug test. The City will show that Mr.
Benavidez refused to follow DOT observed protocol by the Doctor's Center and refused to take the test he
was required to take,The City will as that you uphold Mr. Benavidez's termination.
Mr. Benavidez makes an opening statement.
On May 4", the City of Corpus Christi picked me up and it was Bob Carle and Darrell Garcia. They told
me I was going in for a random. I said okay, no problem,so I got in the vehicle. I just went for one a week
prior tothat. So in my mind it's a random test, okay no problem. I walked in, they gave me a Breathalyzer,
it was 0.00, and they were telling me that I also had to take a urine test. I said okay, no problem. I walked
in there, I set it down and maybe five seconds a guy walked in, and I kind of thought lie was just walking
I
in to use the restroom or something, so I said-hey, ►chat's up."And he was like,well,you're going to have
to go ahead and get naked and I'm going to watch you®And I kind of was I ike what?Just plain and simple.
And he was like so are you refusing? I said I'm not refusing the drug test, I'm refusing to do it naked. I
mean I didn't break the law, you know. Then some lady walked in.she opened the door, and said just sign
right here since you refused.It was that fast,less than,I want to say less than a minute.Everything happened,
just like that. So I didn't sign anything, And here's the thing from last week, I can the week prior. And if
Bob and them had this and HR had this, how come they didn'tjust come out straight forward and said Mr.
Benavidez, we have allegations towards you. We honestly believe you altered a test or yea 're under the
influence of narcotics. This is why we are doing it, but no. So I wrote a statement and all I said in that
statement is, if you honestly thought I was under the influence of narcotics at the time, c that's what my
statement says and what I got fired for. Why would you put me in a company vehicle for three hours and
put civilians at risk, if you really thought I was under the influence? How come you didn't follow page 12,
paragraph J of the Human Resources book?No, but yet you put me back on the route.That's all I'm gonna
say ma'am.
The City calls DeAnna Galan.
Aimee asks that DeAnna Galan state her full name and position for the record.Q- Do you know Mr.Charles
Benavidez? A: Yes. Q: What was his position carte City? A: I believe Maintenance Technician. Q: Are
you the custodian of record for the Utilities department? A: Yes. Aimee asks Ms. Galan to open the book
and look at exhibits 1-5.Q: Are you familiar with these records?A: Yes. Q: Are these records apart of Mr.
Benavidez's department file? A: Yes. Q: Are these records kept in the regular course of business in your
department?A: Yes, Q. Were these records created by employees of the department at or near the time of
the described incident? A® T ey were either created by employees of our department or by employees of
the Human Resources department.The City offers exhibits ® ®
Chairperson Bonilla asks Mr. Benavidez if he has any objection to the exhibits. Mr. Benavidez states he
has never seen exhibit 4. And on Exhibit, can I just explain one thing?Chairperson Bonilla says he can at
his time.
Aimee continues to question the witness, Q: Ms. Galan, did you perform an investigation regarding Mr.
Benavidez? A: Yes® Q- In performing the investigation, did you speak to some employees in the
department? A: Yes, Q: On or about May 4, 2015 did you obtain a statement from anemployee in the
department? A: Yes. Could you turn to exhibit 6, please? Q: Is this the statement you got from that
employee?A: Yes.Q: And apart from the removal of identifying information regarding that employee, has
this statement been altered in any,way?A: No. The City offers Exhibit 6.
Mr. Benavidez states, "This is why I have no witnesses. Because they sent me this on I want to say the 20""
is when I received it. So I called Ashley and said excuse me, but first of all, this has nothing to do with the
case, but since you want to put these guys into the case, I need them as my witnesses. And,they denied me.
Just plain and simple.
Chairperson Bonilla begins to ask Mr. Benavidez a question but he interrupts. She tells him she doesn't
need him to read the exhibit, butjust say it can be admitted. Mr. Benavidez says it can be admitted.
Q: What is it that the employee of you about Mr. Benavidez?A: Thee ploee which led to us being here
today,the employee told me that he saw a container of urine in Mr. Benavidez's possession. Um, and was,
that's what he told me he saw,Q: Did he also tell you that Mr. Benavidez showed him a photo of marijuana
on his phone? A: Yes, Q: Prior tothis discussion with this employee on May 4, 2015, had Mr. Benavidez
recently taken a drug test? A: Yes, I believe so, a few weeks prior. Q: To your knowledge, was that drug
test observed? A: No, it was not. Q: After you spoke tothat employee what action did you take?A: After I
spoke tothis employee I spoke to my direct supervisor, Brian Butscher. And we decided that we needed to
fill out a reasonable suspicion form, and we sent that for to Human Resources. Q: Based on your
conversation with that employee did you suspect that Mr. Benavidez was at that exact moment under the
influence of drugs or alcohol. A: Well, when I spoke tothat employee, I believe it was a Friday. When I
spoke to him, then I talked to Brian, and then we filled out the form. I just took ternformation that was
given to me,and we filled out the form,and we thought we would let HR make that call.Q: Did you believe
he was currently under the influence or had been in the recent past under the influence? A: In the past.
No further questions oft e witness.
Mr. Benavidez questions the witness.
Q: May 4"" you thought I was the under influence of narcotics? A: No. Q: Question oft day, Human
Resources and the City are so honest about their policy, how come all this took place on May 4111 and I
wasn't fired until the I V'. If yal were so strict about it. A: Well, there's a process that we have to follow.
When I got the information,we filled out the form like we were supposed to.When we sent that Reasonable
Suspicion form to Human Resources. If Human Resources feels there is enough information there to send
the employee for reasonable suspicion drug and alcohol test,then we do that. Sot ere is a process we have
to follow, we can'tjust terminate somebody. Q: So we did talk on the 4"', correct? On Monday? A: Did I
talk to you directly, I don't recall if I talked to you directly. Q: How come Exhibit 6 was never brought to
my attention when I came to talk to HR. All these days until May 20"', when I finally called and I was
denied all of my witnesses. A: I can't answer that. Q: So where did this paper come from? A: I typed that
up. Q: Then how come I didn't receive this on May 4'"'as it was dated? A: I typed it up, it was filed. If you
requested information that would have one through Human Resources and legal and I don't have any
information.Mr. Benavidez stated he once went through the City Secretary and asked for eve rything.Aimee
objects and states Ms. Galan doesn't have any information on what happens through FIR and legal.
Chairperson Bonilla tells r® Benavidez he needs to ask questions that the witness has personal information
about. Mr. Benavidez continues to question the witness. Q: A year ago, didn't we write up that employee,
the one that's making all the comments. A: is employee? Aimee objects and states that we have a
public information act request oft e name of the employee that spoke to Ms.Galan on that day that public
information request is currently at the Attorney General's office for review.The City believes that we can't
release that name to Mr. Benavidez for various reasons and we aren't able to do so until we have the ruling.
Chairperson Bonilla asks Aimee why are we having the hearing and not waiting for the ruling.Aimee states
the name of the employee is not relevant tothe hearing. Chairperson Bonilla asks if r® Benavidez hast e
right to cross examine someone that is making allegations against him? Aimee states r® Benavidez was
not terminated because of the allegations, he was terminated because he refused the drug test. The person
that made the allegations is not relevant to the hearing.Aimee states she could get more into the background
oft e case but she won't testify. Chairperson Bonilla takes a moment to read the termination letter.
Chairperson Bonilla states that a termination is very serious which is why we are here. She believes that
the defendant haste right to cross examine a person that made allegations against them while not directly,
certainly indirectly. Chairperson Bonilla asks that the only witnesses that are at the hearing today are
witnesses that the City has called. Aimee states, "From her understanding, Mr. Benavidez had listed
witnesses but called HR and requested to remove them from his docket control form." Chairperson asks
Mr. Benavidez if that is true. He states, "I did have witnesses related to all of this and starting May 27,
2014. The HR lady said the witnesses needed to be related tote urine test® Well then, I received all this
and I asked for Bob Carle and Gerald Garcia because they told me it was a random. She denied me."Ashley
in Human Resources states that she did not deny him witnesses,and that Mr. Benavidez had called the day
after he turned in his docket control form and asked to remove the witnesses.
Chairperson Bonilla states, '"Based on the termination letter the hearing is about the refusal to take an
observed urine test. Is someone from the lab that will be at the hearing?"Aimee states, "There is ot® but I
have a signed affidavit from the technician at the lab." Mr. Nickleson asks if that is the normal procedure
fora drug test, if they have to strip down. Aimee states, "We haven't gotten to that point yet, but Exhibit
10 has a copy of the standard DOT protocol for a urine specimen which includes an observed test. The
protocol followed byte Doctor's Center is attached to the business records affidavit from the Doctor*s
Center." airperson Bonilla asks for the affidavit from the test observer. Aimee states, "The affidavit is
from the technician, not the observer. The technician explained the process to Mr. Benavidez, all the
observer did was observe." Chairperson Bonilla states, "I think that we can proceed. We have Mr.
Benavidez version of how the test was handled,and we have this version. We don't have the observer here
to testify for the City. But if you want to proceed, we can go ahead."
Chairperson Bonilla asks Mr. Benavidez if he has any more questions for the witness.
Mr. Benavidez proceeds. Q: This right here, Exhibit 6, you typed it, correct? A: Yes, Q. It says Charles
Benavidez is the loudest and uses a lot of foul language,correct?A: It does say that.Q: It also states,Chuck
seems to be at the shop, the Greenwood treatment plan a lot. At the end oft e work day the employees go
back to the shop and Chuck seems to always be there. Is that what is says?A: It says always be the first one
there. Mr. Benavidez asks Ms.Galan to repeat#6,#5 and #I of his exhibit. Aimee requests to review what
exhibit he is referring to and states, "That is Mr. Benavidez"s most recent performance evaluation. I would
like to object that because it doesn't have relevance to his refusing the drug test." r® Benavidez states,
'-This has nothing to do with the drug test either, but you threw it in your exhibit, so I want to put this in
mY Exhibit. You never gave me the chance. Everything that I have the City has constantly dug themselves
in a hole is what it is. And I can prove it. And it all starts from this letter that probably they don't want to
see. And sir, ma'am, I started here in June 2007 and never had a problem. Starting May 19, 2014 that's
when our issue happened. The City retaliated less than four days later. Four days.
Chairperson Bonilla interjects and states that we are here today only to discuss the cause for discipline
which is for allegations of your refusal to take an observed drug test. Do you have any more questions for
the witness regarding the evaluation? Mr. Benavidez states he doesn't. and Chairperson Bonilla says the
exhibit can be permitted.
Mr. Benavidez proceeds to question the witness. Q: Bob Carle knew about the suspicion or whatever you
called it,how come he couldn't tell me that on June 4`9 Ms. Bonilla interjects and states the witness doesn't
know what other people are thinking. She can't answer that question.
Mr. Benavidez states "We're done."No further questions of witness.
The City calls Bob Carle as a witness.
Aimee asks the witness to state his full name for the record. Q: How are you currently employed? A: I'm
currently employed at the City of Corpus Christi, Wastewater Division as a Facility Superintendent.Q: Did
you supervise Charles Benavidez prior to his termination?A: In the Supervisory chain,yes. Aimee asks Mr.
Carle to review Exhibit 4. Q: May 4, 2015, was there an investigation regarding Mr. Benavidez ongoing?
® Yes there was. Q. As part oft at investigation, did you sign this worksheet in Exhibit 4 which is a
Reasonable Suspicion worksheet? A: Yes. Q: Mien you signed that worksheet, did you suspect Mr.
Benavidez was currently under the influence of narcotics at that exact moment? A: At that exact moment,
I had no visual indication of him being Linder the influence. Q: Had you seen him that morning? A: I had
not seen him that morning. Q: What time does his shift start?A: 7:30 in the morning. Q: At what time did
you sign that reasonable suspicion worksheet? A: I don't recall the exact time. Q: After you signed the
reasonable suspicion worksheet and it was sent to HR,did you drive Mr. Benavidez tote Doctor's Center?
A: Yes, I acted immediately, picked Mr. Benave dez up at the location %% ere he was at and drove to the
Doctor's Center and waited until he came out. Q: Did you go in with him? A: did not go in with him, no
ma'am.Q: To your knowledge did Mr. Benavidez take the observed drug test?A: When he came out of the
Doctor's Center he told me he had taken a Breathal)7er test, but he declined to take the drug test.
No further questions of witness.
Mr. Benavidez proceeds to question the witness.
Q: The day you picked me up didn't you say it was a random?A:No, I didn't say it was a random, I said I
was picking you up for a drug test. r® Benavidez begins to argue with the witness about what he said and
Chairperson Bonilla interjects. Mr. Benavidez then states,"Well then I'm done,you don't need to lie to my
face."
No further questions of witness
The City calls Sylvia Guzman.
Aimee asks Ms.Guzman to state her name for the record. Q: at is your title with the City?A: Employee
Relations Manager. Q: What department are you in? A: Human Resources. Aimee asks Ms. Guzman to
review exhibits 7, 8 and 9.Q: Do you recognize these documents? A: Yes. Q: Are these documents part of
Mr. Benavidez's HR file?A: Yes. Q: Are these documents kept by Human Resources in the regular course
of business? A- Yes.Q: Have these documents been altered in any way?A: No.
The City offers exhibits 7, 8 and 9.
Aimee asks Ms. Guzman to look at Exhibit 7, Q: at is exhibit 7? A: It is an authorization for sent to
the Doctor's Center for Charles Benavidez. Q: Are there any special instructions on that form? A: Yes, it
is indicated that the drug and alcohol testing that is being requested is for a reasonable suspicion and the
type of alcohol and drug test to be performed.Q: What does it say under special instructions on the bottom?
A: It was requested on this authorization that the lab tech observe the test, so we had requested what they
refer to as an observed drug test. Aimee asks Ms. Guzman to refer to exhibiid tile City obtain
three pages of records from the Doctor's Center? A: Yes. Q- Does exhibit 10 containt ose three pages of
records?A: Yes. Q: And the first page of exhibit 10, is that a business records affidavit?A: Yes. The City
offers Exhibit 10. Chairperson Bonilla admits exhibit 10.Aimee asks Ms.Guzman,to look at the first page
of records behind that affidavit.Q: at is that page?A:This is a note that was documented byte Doctor's
Center that was sent to our HR Department indicating that Mr. Benavidez refused a medical treatmeta d
urine drug screen at the Doctor's Center. Q: Did Mr. Benave dez sign that form?A:No, the patient refused
to sign the form.Q: Can you tell ®vote people that signed ate bottom are?A:There are two witnesses,
Amelia and Jacob. Aimee asks Ms. Guzman to to tote last page of the records. Q: What are these
records, what are they called? A: This is the DOT Human Specimen Guidelines. Aimee requests Ms.
Guzman to read the to of page 5,and Ms.Guzman reads the procedure for DOT observed drug testing. Q:
Did the City obtain an affidavit from Amelia Ramirez-Campos? A: Yes. Q: Is this the affidavit that was
obtained?A: Yes.Q:Amelia Ramirez Campos is an employee of the Doctor's Center,correct?A: Yes.The
City offers exhibit I I and Chairperson Bonilla admits it. Aimee continues to question Ms. Guzman and
asks her to read the affidavit. Aimee asks Ms.Guzman to review exhibit 8.Q: What is exhibit 8?A: Exhibit
8 is an acknowledgement of receiving the Alcohol and Drug Abuse Policy, HR 15.0 signed by Mr.
Benavidez on 6/14/20 10. Aimee asks Ms. Guzman to review exhibit 9. Q: Is this a true and correct copy of
HR 15.0 Drug and Alcohol policy?A: Yes. Q: When was this policy last revised?A: February 2011. Q. Is
this available for all employees online?A: Yes. Q: Is it available in the HR office?A: Yes.Aimee asks Ms.
Guzman to read the first two sentences orate first page and Ms. Guzman proceeds. Q: Is the Department
of Transportation also referred to as the DOT? A- Yes, Q: Based on that policy, is the City required to use
DOT drug testing procedures when drug testing employees? A: Yes. Aimee asks Ms. Guzman to review
page 2 under controlled substances. Q: Does this include marijuana?A: Yes. Q: Is marijuana also included
in the definition of illegal drugs ® the same page? A: Yes. Aimee requests Ms. Guzman to review page 6
and read the paragraph Linder reasonable suspicion. Q: Does this provision require that the City have
reasonable suspicion if the employee is currently using drugs or currently under the influence ofd s?A:
Yes. Aimee asks Ms. Guzman to review page four of the policy and read number one. Q: Based on that
policy, is it a violation for anemployee possess or use drugs in his own home or on his day ow. A: Yes.
Aimee asks Ms.Guzman to read bullet number 9.Q: Is it a violation to reftise to take a drug when required
by HR? A: Yes. Q: Is there any exception made because the emplo)ce simply doesn't want to follow the
observation protocol?A:No Q: Is there any exception made fora employee that doesn't want to get naked
in front of others? A: No. Aimee asks Ms. Guzman to to to page 10 and read the paragraph. Q: If an
employee fails to take a drug test or fails to comply with the observed protocol, does the department have
any other disciplinary actions they can take apart from termination? A: No. Aimee asks Ms. Guzman to
review exhibit 10 and read the second note under bullet 6. Q: If Mr. Benavidez merely refused to raise or
lower his clothing to show the observer that he didn't have an),sort of prosthetic on him, is that considered
a refusal to test?A: Yes.
No further questions of witness.
Mr. Benavidez questions Ms. Guzman.
Q: [just want to know c you said all this took place on the 4"', how come no one ever told me? Didn't I
come to your office with a witness that was here for 25 years that retired Friday, prior to this Monday
because of all this? Do you remember that witness? Chairperson Bonilla tells Mr. Benavidez to ask one
question at a time. A: I don't recall the date that you came to my office. Yes, you did come to my office
with another individual that did work forte City. Q: How come you never told me it was reasonable
suspicion? It's always been a random until the 20"' because I have an email of it, Because I went to tile
Secretary. Chairperson Bonilla tells Mr. Benavidez to direct the question to Ms.Guzman. He then states he
doesn't have any more questions and "he's good." He then says "Actually, I do."Q: Why didn't you ever
get back to me? Exhibit 8, this is a thing that I signed.... Mr. Benavidez never finishes his question and
states,"We're good."
No further questions of the witness
The City calls Brian Butscher.
Aimee asks Mr. Butscher to state his name forte record. Q: What's your position with the City? A: I'm
the Assistant Director of Utilities responsible for treatment. Q: On or about May 4, 2015, did you sign a
contemplated disciplinary action letter shown in Exhibit 2? A: Yes, I di& Q: This letter was fora Mr.
Charles Benavidez?A: That's correct.Q: On May 11,2015,did you terminate Mr. Benavidez in a separate
letter shown in Exhibit I? Aa Yes aam, Aimee asks Mr. Butscher to read causes for discipline in the
termination letter. Mr. Butscher proceeds to read the causes for discipline. Q: Which HR policy is sighted
by this termination letter?A: HR Policy 15.0.Q: Under the HR 15.0 Policy, is the City required to terminate
all employee if they fail to take a drug test?A: Yes, Q: What specific action led tote termination of Mr.
Benavidez? A: His failure to supply a specimen per policy for sample taking at the Doctor's Center. Q: To
your knowledge, did Mr. Benavidez take an observed drug test on May 4. 2015? A- To my knowledge, no
he did not.
No further questions of witness.
r® Benavidez states he doesn't know the guy and doesn't have any questions for him.
Chairperson Bonilla tells Mr. Benavidez that he now has an opportunity to state his case and tell why he
refused to state the test.
Mr. Benavidez states, "I refused to take the test because one, I'm not a criminal I didn't break the law. If
you would have came at me like I said and said Mr. Benavidez we have reason to believe you altered the
test. But it clearly states right here that you thought I was under the influence of narcotics.That has nothing
to do with what yal are accusing me of. And when did this employee that made the comment see the bottle?
That's what I want to know® When did he see the bottle? If yal are so strict about your policy, fire me on
the fourth," Chairperson Bonilla tells Mr. Benavides this isn't a chance for him to explain his frustrations
with the City, it's his opportunity to testify in his defense and talk about his refusal tad test and why we
are here today ate hearing. She tells Mr. Benavidez he needs to talk about what happened the day lie went
tote Doctor's Center.
Mr. Benavidez proceeds and states, "What happened was, they picked me up at 10:00 in the morning, I
want to say,and they told me it was a random drug test. In my own mind I've taken at least I don't know.
eight drug test throughout the City in five years.Never had a problem, I have a CDL, never had a problem,
This is the first time, like I said it happened in less than a minute,everything.Less than a minute. He walked
in and said go ahead and drop everything, go ahead and to around and I*rn going to watch. I was like
what?Wait that's not going to happen. I mean that's it, sorry. I know it's done, but that"s all there is.
Chairperson Bonilla asks Mr. Benavidez that his testimony is the observer told him to drop your pants, to
around. Bonilla states that whether it is for a random or suspicion, he was going fora drug test. So you're
testifying that the observer came in told you to drop and turn, not get naked. Mr. Benavidez interjects and
'That'
states, - 's pretty much naked," "Ma'am, that's pretty much naked, I don't know. If I went to this
window and I dropped my pants,somebody is going to be I ike that dude's naked. I may have a shirt on, but
they gonna say I'm naked." Ms. Bonilla asks if r® Benavidez has anymore testimony and tells him that
we aren't here to discuss something that happened maybe a year ago. Mr. Benavidez states, 441 guess Frn
done, that's it. I refused to get naked because the City told me it was a random. I honestly believed it was
a random drug test when he came in,that's when I denied. I even signed a piece of paper, -I did not refuse
the drug test, I refused to get naked.'" Plain and simple.""That's pretty much it, if you had come at me and
say, "Hey, anemployee made this statement so come one." Okay, we won't even have this conversation
right now. But you didn't. You said I was under the influence,and it was a random drug test.
Chairperson Bonilla asks Aimee if she has any estions®No further questions byte City,
The City makes a closing statement.
The evidence presented in this case has shown that Charles Benavidez was required to take an observed
drug test at the Doctor's Center on May 4,2015. He was required by the Human Resources Department per
the City Alcohol and Drug use Policy, FIR 15.0.The drug test was required to be observed.The Doctor's
Center followed the DOT Urine Specimen collection guidelines as required by City policy which must
follow the DOT guidelines. The guidelines were followed according to the affidavit by Amelia Ramirez-
Campos. Ms. Ramirez-Campos explained to Mr. Benavidez the protocol. Mr. Benavidez own testimony is
that he was told to drop his pants and to which is essentially the protocol.The protocol is that they must
show that they don't have anything under their shirt and under their pants, to in a 360 degree circle to
show that they aren't hiding anything. Mr. Benavidez refused to follow the guidelines created by the
Department of Transportation, which the City must follow under our policy. Refusing to follow those
guidelines is refusing to take a drug test under those guidelines. Under City policy, if an employee refuses
to take a required drug test,the City has no choice but to terminate that employee.These are the reason why
Mr. Benavidez termination was of justified and required and the City does ask that you uphold the
termination.
Chairperson Bonilla informs Mr. Benavidez that it's now his opportunity to make a brief statement.
Mr. Benavidez makes a closing statement.
-0 M,,,. Bonilla interjects and states no more
What took you so tong, from the fourth to the eleventl
questioning of the witnesses. Mr. Benavidez proceeds and states, I wanted yal to kno%y like I said we
wouldn't be having this conversation if the City was honest about their policy and they really told their
employees "Hey look,you're under suspicion, let"s go." We wouldn't even have this conversation. Second
of all, no one even told me about this. Third of all, who's the witness? When did you see a bottle, that's
what I want to know? Whatever it is, at least you said marijuana. Cus if you said crack. or something you
know how people think of heroin or something you know what I mean. That was cool about the City but
you're making up stuff. And I would like to see this witness, How can you ask somebody if you're not
accusing me of something if I can't even question them? But I can prove it. I guarantee I can prove it in a
minute. I complained, I talked to this guy, I talked to her, I talked to these other people, Bob.Just kind of
funny not one person, remember when we talked. What you got?That's it. But I can prove it.
Closed session called at 7:09 pm.
Open session called at 7:24 pm.
Motion was made to amend the termination of Charles Benavidez and suspend Mr. Benavidez for two
weeks without pay by Guy Nickleson. Guy Nickleson states,"While realizing that Charles is going to be
aware that anytime from this point on that he isasked to take a drug test that no matter what is required lie
is going to have to take it, clothes or no clothes. He is going to have to do those things. There just wasn't
enough evidence for us to uphold the termination at this time. Chairperson Bonilla seconds the motion.
574"1 hearing is adjourned at 7:27 pm.
I
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G 2uy�N i c,,' o n, eam b erg.......... ...............
Tammy Mc mal', ember
Civil Service Board Civit""S"rvice Board
................
Paul Grivi ' Member a smine B. Chapman, Secretary
C Cip
vil Servk
ivil Servic Board Civil Service Board