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HomeMy WebLinkAboutMinutes Civil Service Board - 01/08/2016 MINUTES 579" CIVIL SERVICE BOARD HEARING 1201 LEOPARD ST.,CITY HALL HUM-AN RESOURCES CONFERENCE ROOM January8,2016 BOARD MEMBERS PRESENT: CITY STAFF PRESENT: Guy Nickleson,Chairperson Yasmine Chapman, HR Director Tammy McDonald,Member Renatto Garcia,Asst. City Attorney Paul Grivich, Member Sylvia Guzman, Employee Relations Manager Guy is les called the 579"Civil Service Board hearing to order at 9:08 am. Its #1: Review and approve the minutes oft 578h Civil Service Board Hearing held on November 23, 2015. Item#2: Review and consider the appeal filed by Dionicio Valadez, Sr. Equipment Mechanic with General Services on his termination. Paul Grivich moves to approve agenda its #1. The motion is seconded by Ms. McDonald. Mr.Nickleson moves to Its #2, and reads. Mr.Nickleson swears in the witnesses.The City then invokes the rule. Assistant City Attorney Renatto Garcia makes the opening statement about the termination of Dionicio Valadez. He explains Mr. Valadez was a Sr. Equipment Mechanic with the General Services Department. Mr. Garcia states the City will show Mr. Vala dez was terminated from the General Services Department because Mr.Valadez,failed to exercise self-control. Mr.Charles Smith, Mr. Valaders representative, makes his opening statement. Mr. Smith states his client was a faithfully,dedicated employee as shown inthe performance appraisals from his department.He states we are here to because Mr. Vala dez brought issues to the City, and the City decided Mr. Valadez was the cause oft a issues.He states the termination should not be sustained. The City calls Manuel Lopez as a witness. Mr. Garcia asks Mr. Lopez to state his name and position forte record, then goes on to question the witness.Mr.Garcia asks Mr.Lopez when/if anytime the relationship between Mr.Valdez and him changed. No further questions of the witness.Mr. Garcia passes the witness to Mr. it for questioning. Mr. it asks Mr. Lopez out his job title and who gave it to him at the City. He asks Mr. Lopez to explain his responsibilities. He then continues to question Mr. Lopez. Mr. Smith has no further questions of witness, and passes to Mr. Renatto. Mr.Garcia asks Mr. Lopez to clarify a couple of questions and passes the witness back to Mr. Smith. No further questions from Mr. Smith. The board takes a recess to discuss the hearing and reconvenes at 10:08 am. Mr. Garcia calls Jimmy Zapata as the next witness forte City. Renatto Garcia asks Mr. Zapata to state his name and position for the record, then goes on to question the witness. ®Garcia passes the witness to Mr. Smith. Mr. Smith begins to ask Mr. Zapata questions pertaining to his position and responsibilities. No further questions of the witness by either party. The City calls Giorky Ferreira as the next witness. Mr. Garcia asks Mr. Ferreiro to state his name and position for the record. He then begins to question Mr. Ferreira about an incident that happened between him Mr.Gallegos and Mr. Valadez on or around August 5, 1 . Mr.Garcia passes the witness to Mr. Smith who begins to question Mr. Ferreira. Mr. Smith has no further questions of witness, Mr. Garcia proceeds to ask one further question, but Mr. Smith objects.Mr.Nfickle son sustains the objection. The City calls Mr. Joe Gallegos as the next witness. Mr. Garcia asks Mr. Gallegos to state his name and position for the record.He then begins to question Mr.Gallegos about hisjob duties at the General Services Department. He continues to question Mr. Gallegos in regards to his and Mr. Valadez's work relationship as well as incidents that happened during Mr.Valadez's employment, Mr. Garcia passes the witness to Mr. Smith who begins to question Mr. Gallegos. Mr. Smith asks Mr. Gallegos what his responsibilities are as Shop Foreman. He continues to question Mr. Gallegos regarding Mr.Valadez's performance appraisal and work conduct. Mr.Sur ith passes the witness to Mr.Garcia who begins to question Mr.Galis os ab out Exh i its su bm itted ®Garcia has no further questions of the witness.The City calls Ms. Klubertanz as the next witness. Mr. Garcia asks Ms. Klubertanz to state her name and position for the record. He begins to question Ms. Klubertanz.about her position with the City. He asks Ms. Klubertanz to review Exhibits 1-3 and tell the Board members what the exhibits pertain to. Mr. Garcia refers tote HR investigation that was conducted and asks Ms. Klubertanz ifs was interviewed and involved in the investigation. Mr. Garcia passes the witness. Mr. Smith begins to question Ms. Klubertanz about the presented exhibits. Mr. Smith then questions Ms. Kluba about Mr. Valadez's disciplinary history and meetings she had with him. Mr. it passes the witness. Mr. Garcia has no further witnesses and calls Ashley Barnett as the next witness. Mr.Garcia asks Ms.Barnett to state her name and position for the record. He begins t®question Ms.Barnett about her position with the City. Mr.Garcia then asks Ms. Barnett ifs a is familiar with Dionicio Valadez and how HR came to be involved in the investigation of Mr.Valadez.Mr.Garcia continues to question Ms. Barnett of her role in the investigation. He refers to Exhibit 5 for Ms. Barnett. Mr.Garcia passes the witness to Mr. Smith.Mr.Smith questions Ms.Barnett regarding the HR Fact Finding document. Mr. Smith passes the witness to Mr. Garcia who then asks a few more questions regarding the HR report. No further questions oft witness. The hearing is called into recess at 12:09 pro. The hearing is reconvened at 1;12 pm. The City calls Jim Davis as the next witness. Mr.Garcia asks Mr.Davis to state his name and position fort a record,then goes on to question the witness. Mr. Garcia begins to question Mr. Davis about his role at the City and his relationship with Mr. Valadez, Mr. Garcia passes the witness to Mr. Smith. Mr. Smith questions Mr. Davis about Mr. Valadez and Mr. Gallegos'work relationship.He proceeds to question Mr. Davis and his decision to terminate Mr.Valadez. Mr. Smith passes the witness to Mr. Garcia who continues to question Mr. Davis about Mr. Valadez's termination. No further questions of the witness. The City calls Mr.Valadez as a witness. Mr.Garcia asks Mr.Valz to explain the incident in is Mr.Lopez was sent for a training. Mr.Renatto questions his reaction. He proceeds to ask Mr. Valae z about other incidents that have been mentioned throughout the hearing. Mr.Valadcz states all oft e witnesses thattestified were lying to protect theirjob. Mr.Garcia passes the witness to Mr. Smith who begins to question Mr.Valadez.Mr. it asks the witness if he ever spoke to Mr. Gallegos about concerns he had of safety and asks if there were incidents where safety wasn't taken into account. Mr. Smith passes the witness to Mr. Garcia. Mr. Garcia asks Mr. Valadez, to clarify how safety created a hostile work environment.Mr.Garcia has no further questions of the witness. Mr.Garcia gives his closing statement ort City.Mr.Garcia states this case isn't document heavy,which has been established, but he asks the board to recognize they must consider all of the evidence and testimony.He states Mr. Valadez:has stated everyone that testified today is lying. Mr. Garcia states he has provided testimony from all of the witnesses in is they corroborated Mr. Valadez was unproductive and caused issues within teepartment.These issues negatively affected work flow and morale and created a general disturbance in the operations of the department.Mr.Valadez created a problem,not a hostile work environment. Mr.Garcia asks the board to uphold the termination. Mr. Smith makes his closing statement. He states we're here not because according tate City there were allegations and concerns about how Mr. Valadez of along with his supervisor, we're here because those in charge from Mr. Davis on down, none of them said I want to initiate action and take some serious steps with this employee. Instead those in charge decided to make a decision and simply terminate the employee. Mr. Smith states Mr. Davis stated Mr. Valadez was productive and his termination wasn't about the production, it was about how he got along with his supervisor.Mr.Smith explains employees deserve more and should have had teapportunity to express his concerns without being terminated. Closed session called at 2:13 pm. Open session called at 2:35 pm. Motion was made to modify the termination of Dionicio Valadez to a suspension with half of his suspension being unpaid, and the other half paid time by Tammy McDonald. Mr.Grivich seconds the motion. The 5791 Civil Service Board hearing is adjourned at 2:38 pm. ........... T army 4 M onald, Member (...... Juu� ickls h7". Chair Civil Service Board Civil Service Board Rixio Medina,Member `las ine Chapman, Secretary Civil 1 Service Board Ci I Service Board