HomeMy WebLinkAboutMinutes Civil Service Board - 07/17/2015 MINUTES
575'"CIVIL SERVICE BOARD HEARING
1201 LEOPARD ST.,CITY HALL
HUMAN RESOURCES CONFERENCE ROOM
July 17,2015
BOARD MEMBERS PRESENT: CITY STAFF PRESENT:
Guy Nickleson,Chairperson Yasmine Chapman,HR Director
Paul Grivich,Member Aimee Alcorn,Asst.City Attorney
Tammy McDonald,Member Ashley Barnett,HR Analyst
Guy Nickleson called the 575th Civil Service Board hearing to order at 9:08 a.m.
Item#1: Nominate and appoint a board member as the new Chairperson for the
Civil Service Board.
Item#2: Review the drafted 2015 Civil Service Board Rules and Regulations.
Item#3: Review and approve the minutes of the 574"Civil Service Board hearing
held on June 3,2015.
Item#4: Review and consider the appeal filed by Charles Benavidez,Maintenance
Technician,with Utilities on his termination.
Item#5: Review and consider the appeal filed by Carlos Fong,Marina Specialist
III,with the Marina department on his termination.
Tammy McDonald moves to nominate Guy Nickleson as the Chairperson for Civil Service Board.Paul
Grivich seconds the motion.
Agenda 42 is moved to the last item of the agenda. Chairperson Nickleson swears in the witnesses.
Chairperson Nickleson reads item#3 and Board Member Grivich motions to approve the minutes.Tammy
McDonald seconds the motion and the minutes are approved.Mr.Nickleson moves to Item#3,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 of the case is
on the City's Alcohol and Drug Abuse policy and will ask the Board to uphold the termination.
Charles Benavidez makes his opening statement.
The City calls Sylvia Guzman as a witness.
Aimee Alcorn asks Sylvia Guzman to state her name and position for the record,then goes on to question
the witness.Ms.Alcorn refers to Exhibits 3,4,5&6.
Ms. Alcorn asks questions regarding the HR Policy for Return to Work drug and alcohol testing of
employees.
No further questions of the witness.
Charles Benavidez questions Sylvia Guzman. Ms. Alcorn objects to the relevancy of Mr. Benavidez's
questions.
Mr.Benavidez has no further questions.
Ms.Alcorn calls Brian Butscher as the next witness.
Ms.Alcorn asks Brian Butscher to state his name and position for the record.She then refers to Exhibit 1
&7 for the witness and begins to question him.
Ms.Alcorn has no further questions of the witness.
Mr.Benavidez briefly questions the witness,Brian Butscher.
The City calls Ashley Barnett as a witness.
Ms.Alcorn asks Ms.Barnett to state her name and position for the record and begins to question the witness.
Ms.Alcorn has no further questions of the witness and Mr.Benavidez begins to question the witness.
The City calls Charles Benavidez as a witness.He is sworn in before Ms.Alcorn begins questioning him.
Ms.Alcorn has no further questions of witness.
The board takes a ten minute recess at 9:39 a.m.
The board is called back to order at 9:54 a.m.
Mr.Benavidez's Exhibit A is admitted into evidence.
Mr.Benavidez calls a witness,Edward Gonzalez and begins to question him.Ms.Alcorn has no questions
for the witness.
The City gives their closing statement.Ms.Alcorn states the evidence in the case has shown that Charles
Benavidez was required by City Policy to take a drug and alcohol test to return to work due to him being
out for 30 or more days.Mr.Benavidez refused to take the drug test and was terminated.
Mr.Benavidez gives his closing statement.He states he doesn't understand how the City terminated him
when he stated he quit.Mr.Benavidez stated he would see everyone in court.
Closed session called at 10:13 a.m.
Open session called at 10:19 am.
Motion was made to uphold the termination of Charles Benavidez by Paul Grivich.Member Tammy
McDonald seconds the motion.
4 575`h Civil Service Board hearing is adjourned for break at 10:21 a.m.
Chairperson Nickleson calls the 575`h Civil Service Board hearing back in session at 11:00 a.m.Chair
Nickleson reads agenda item 45 and swears in the witnesses.
The City gives a brief opening statement for the termination appeal hearing of Carlos Fong.
Ms.Alcorn states Mr.Fong was a Marina Specialist III,and worked at the Marina for about five years.
Ms.Alcorn states the hearing today is in regards to the Marina policies and why they are in place.The
City will show Mr.Fong violated the Marina policies by going into a building alone and was caught by
the security camera.He also violated the Marina policy by failing to fully and accurately log the incident
into the Marina log book.
Mr.John Perry,Carlos Fong's representative gives a brief opening statement.He states the issue at hand
is a very fine line,and it could happen to anyone.
The City calls the first witness,Peter Davidson.
Ms.Alcorn asks Mr.Davidson to state his name and position for the record.She then begins to question
him about the security video the Landry's management had revealing Mr.Fong inside the building.Ms.
Alcorn asks Mr.Davidson to review Exhibits 1-16 and questions him regarding the Exhibits.
No further questions from witness,Mr.Davidson is then questioned by Mr.Perry.
Mr.Perry states he prefers not to have the lead for his questions,just has some basic general questions.
He then proceeds to ask Mr.Davidson questions regarding Mr.Fong's job description and performance
appraisals.
No further questions of witness.
A recess is called at 11:55.
The hearing is called back to order at 12:02 p.m.
The City calls Sylvia Guzman as the next witness.
Ms.Alcorn asks Ms.Guzman to state her name and position for the record.She then asks her to review
Exhibits 17& 18 and begins to question her.
Ms.Alcorn passes the witness to Mr.Perry,but he doesn't have any questions for Ms.Guzman.
The City calls Rene Garza as the next witness.
Ms.Alcorn asks Mr.Garza to state his name and position for the record.She then asks him questions
regarding the incident that happened May 8`h and 91h at Landry's restaurant in the Marina.Ms.Alcorn
refers to the surveillance video showing Mr.Fong entering the Landry's establishment around 1:30 a.m.
Ms.Alcorn asks Mr.Garza to review Exhibit 4 and then questions him regarding the Exhibit.
No further questions of witness.
Mr.Perry begins to question Mr.Garza regarding Mr.Fong's evaluations and performance over the five
years Mr.Fong was employed.
Mr.Perry has no further questions of witness and passes Mr.Garza back to Ms.Alcorn.
Ms.Alcorn questions Mr.Garza once more and then calls the next witness.
The City calls Carl Miniex as a witness.
Ms.Alcorn asks Mr.Miniex to state his name and position for the record then questions Mr.Miniex
regarding the video tape he was shown by Landry's management.
Ms.Alcorn has no further questions of the witness,and passes Mr.Miniex to Mr.Perry for questioning.
A recess is called at 12:42 p.m.
The 575"CSB hearing is called back into session at 1:38 p.m.
The City calls Carlos Fong as the final witness.
Ms.Alcorn questions Mr.Fong regarding the incident that occurred on May 9" at Landry's then passes
the witness to Mr.Perry for questioning.
No further questions by either representative.
The City and Mr.Perry rests their case.
The City is called to make the closing statement,then Mr.Perry gives his closing statement.
Ms.Alcorn states the City has shown that Mr.Fong violated the City policy in two separate ways.He
violated the policy by choosing an action not given to him by entering building without permission after
hours.He further violated the policy through misleading statements entered into the office log.The City
has shown the violations are sever enough to justify termination.
Mr.Perry gives his closing statement.
Mr.Perry states it is easy to take the approach and base a decision on a check mark box.You have to take
into consideration Mr.Fong was a good employee for five years.He didn't commit a crime,he made a
judgment call that according to people was improper.He states it is a very severe sanction to be
terminated for something that a person thought was a good decision.
Ms.Alcorn rebuts Mr.Perry's statement.Mr.Perry is given a chance to rebut Ms.Alcorn's statement.
Closed session is called at 2:13 p.m.
Open session is called at 2:27 p.m.
The board makes a motion to uphold Charles Fong by Paul Grivich.Member Tammy McDonald seconds
the motion.
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Agenda Item#2 is tabled until the next hearing scheduled August 20,2015.
Meeting is adjourned at 2:28 p.m.
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`^'X 44-y
Tammy M onald,Member Nickleson, hair
Civil Service Board Civil Service Board
Paul Grivich,Member (Ypaine B.Chapman,Secretary
Civil Service Board ervice Board