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HomeMy WebLinkAboutMinutes Civil Service Board - 04/08/2016 MINUTES 580th CIVIL SERVICE BOARD HEARING 1201 LEOPARD ST., CITY HALL HUMAN RESOURCES CONFERENCE ROOM April 8,2016 BOARD MEMBERS PRESENT: CITY STAFF PRESENT: Guy Nickleson, Chairperson Yasmine Chapman, HR Director Tammy McDonald, Member Renatto Garcia, Asst. City Attorney Rixio Medina,Member Guy Nickleson called the 580t'Civil Service Board hearing to order at 1:13 pm. Item 41: Review and approve the minutes of the 5791' Civil Service Board hearing held on January 8, 2016. Item 42: Review and consider the appeal filed by Manuel Garcia, Jr., Sr. Equipment Operator, with Street Operations on his termination. Item 43: Review and consider the appeal filed by Santiago Hernandez, Compliance Officer, with Code Enforcement on his termination. Tammy McDonald moves to approve agenda item 91. The motion is seconded by Mr.Nickleson. Mr.Nickleson moves to Item 92, and Ms. Chapman reads. Mr.Nickleson makes the motion to uphold Mr.Manuel Garcia's termination as it is required for Mr.Garcia to be present at his hearing. Ms.McDonald seconds and approves the motion and all are in favor. Mr.Nickleson moves to Item 93, and Ms. Chapman reads. Mr.Nickleson swears in the witnesses. Assistant City Attorney Renatto Garcia makes the opening statement about the termination of Santiago Hernandez. He explains that sexual harassment is a serious matter and the city strives to maintain a professional, free of sexual harassment environment at all times. Mr. Hernandez was terminated from the Code Enforcement Department for violations of the sexual harassment policy. Mr. Garcia states the City will show Mr. Hernandez was given an opportunity to rectify the issue with his conduct. Mr. Santiago Hernandez makes his opening statement.Mr. Hernandez states he was a dedicated employee coming in early and staying late to complete tasks. He states his mother passed away and he was not his cheerful self on the morning of the incident.Mr. Hernandez states his words were misunderstood and does not meet the criteria of the sexual harassment policy. The City calls Irma Martinez as a witness. Mr. Garcia asks Ms. Martinez to state her name and position for the record, then goes on to question the witness. Mr. Garcia asks Mr. Martinez of the events that happened on February 5' and how the events affected her personally. Mr. Garcia refers to Exhibit 1 and questions Ms. Martinez about them. No further questions of the witness. Mr. Garcia passes the witness to Mr. Hernandez for questioning. Mr. Hernandez begins to question Ms. Martinez about what was said in the elevator and if she misunderstood. He also asked about how the events affected her daily life and if the remark affected her normal work routine. Mr. Hernandez has no further questions of the witness. Mr. Garcia re-questions Ms.Martinez to clarify a couple of questions and the timeline of when she reported the incident.No further questions for Ms. Martinez. Mr. Garcia calls Sherri Eldridge as the next witness for the City. Mr. Garcia asks Ms. Eldridge to state her name and position for the record, then goes on to question the witness. Mr. Garcia asks Ms. Eldridge how she was brought in to handle the investigation concerning the incident pertaining to Mr. Hernandez. Ms. Eldridge received the complaint from Ms. Martinez the same say of the incident and described what steps she took to complete her investigation. Mr. Garcia refers to Exhibit 2, 3, & 5 and questions Ms. Eldridge about them. Mr. Garcia requests to admit a document into the record that illustrations prior history to Mr. Hernandez's sexual harassment allegations. Document was entered into the record. Mr. Garcia questions Ms. Eldridge about the previous sexual harassment allegations and what happened in those investigations. Mr. Hernandez objects to the questioning of the previous allegations. Objections overruled. No further questions of the witness. Mr. Garcia passes the witness to Mr. Hernandez for questioning. Mr. Hernandez begins to question Ms. Eldridge about what is considered sexual harassment by touching someone. Mr. Hernandez then began to question Ms. Eldridge about the elevator incident, his credibility, and the investigation process. Mr. Garcia objected to repeated questions. Objection sustained. Mr. Hernandez has no further questions of the witness. Mr. Garcia questions Ms. Eldridge once again to clarify a couple of questions. No further questions of the witness. Mr. Garcia calls Assistant Chief Mark Gutierrez as the next witness for the City. Mr. Garcia asks Mr. Gutierrez to state her name and position for the record, then goes on to question the witness. Mr. Garcia refers to Exhibit 6-8 and questions Asst. Chief Gutierrez about them. Mr. Garcia questions Asst. Chief Gutierrez the process he went through that ended up terminating Mr. Hernandez. No further questions of the witness. Mr. Garcia passes the witness to Mr. Hernandez for questioning. Mr. Hernandez begins to question Asst. Chief Gutierrez about the final meeting that was conducted before his termination. Mr. Hernandez refers to Exhibit 6 and questions Asst. Chief Gutierrez about it. Mr. Hernandez wants to submit evidence that was not added to the docket. Mr. Garcia objects pursuing to the rules and regulations to civil service rules. Objection is sustained. Mr. Hernandez continued to question Asst. Chief Gutierrez about what files were reviewed and if he reviewed all the documents.Mr.Hernandez then begins to ask questions about a document he submitted to Asst. Chief Gutierrez concerning Ms. Martinez's creditability. Mr. Garcia objects to the document. Objection is sustained. Mr. Hernandez continues to question Asst. Chief Gutierrez about his file. Mr. Garcia objects to Mr. Hernandez's questioning about the history of Mr. Hernandez's records. Objection overruled. Mr. Garcia objects to Mr. Hernandez using a portion of the Progressive Disciplinary Guidelines instead of the whole policy. A ten minute recess was taken to obtain the complete Progressive Disciplinary Guidelines. Objections sustained. Mr.Hernandez continues to question Assist. Chief Gutierrez about an incident report form.Mr.Hernandez has no further questions for the witness. Mr. Garcia states he would like to cross examine Mr.Hernandez and Mr.Hernandez agrees to be a witness. Mr. Garcia begins to question Mr. Hernandez to clarify what was stated in Mr. Eldridge's office and what incident occurred in the elevator at the police department considering Mr. Hernandez was confused as to which incident Ms. Eldridge was referring. Mr. Garcia questions about the playful banter, sexual jokes, or innuendos that Mr. Hernandez says occurs. Mr. Garcia asks Mr. Hernandez if he participates in that kind of discussion and Mr.Hernandez stated"That is why I got a reprimand for that". Mr.Hernandez states was offended with the comment that Mr.Martinez thinks he made. Mr. Hernandez states he separates his home and work life. Mr. Garcia continues to question Mr. Hernandez about the incidents that have occurred. Mr. Garcia has no further questions. Mr.Nickleson calls for closing arguments. Mr. Garcia gives his closing statement for the City.Mr. Garcia states the City has proven with the evidence that Mr. Hernandez's termination was for violating the sexual harassment policy. He asks the board to uphold the termination. Mr. Hernandez gives his closing statement. Mr. Hernandez states he did not say any kind of sexual harassment comments. Mr. Garcia requests to do with a second closing statement,motion denied. Mr.Nickleson calls for closed session at 3:47 pm. 580t'Civil Service Board hearing is called back in session at 3:59 pm. Motion was made to uphold the termination of Santiago Hernandez by Tammy McDonald. Chairperson Nickleson seconds the motion. The 580t'Civil Service Board hearing is adjourned at 4:00 pm. Tammy McDonald, Member Guy Nickleson, Chair Civil Service Board Civil Service Board Rixio Medina,Member Yasmine B. Chapman, Secretary Civil Service Board Civil Service Board