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HomeMy WebLinkAboutMinutes Civil Service Board - 07/26/2004 ) MINUTES OF THE 522nd CIVIL SERVICE BOARD MEETING 1201 LEOPARD ST.,CITY HALL LEGAL DEPARTMENT CONFERENCE ROOM 523rdd CIVIL SERVICE BOARD MEETING July 26,2004 BOARD MEMBERS PRESENT CITY STAFF PRESENT Cydney Farrar, Vice-Chair Cynthia Garcia,Director of Human Resources Erich Wendl,Member Susan Hutson, Asst. City Attorney The 522nd.Civil Service Board Meeting was called to order at 1:45 p.m. Item#1: Review and approve the minutes of the 521st Civil Service Board meeting held on February 24, 2004. The minutes were approved as read. Item#2: Review and consider the appeal of the two-day suspension of Joe E. Castaneda, Wastewater Treatment Technician, Wastewater Department. The witnesses were sworn in and administered the oath. The Rule was invoked. Ms. Farrar explained to the witnesses that they were being directed to wait outside and not discuss their testimony amongst themselves. Susan Hutson made opening statements for the City. She stated that on or about October 17, 2003 Joe Castaneda came to work at the Oso Water Treatment Plant. The Oso Plant Supervisor, David Garcia, asked for volunteers to sign up to work overtime that morning from 7:00 a.m. to 3:00 p.m. Mr. Castaneda signed up for the overtime working in the pump room. He clocked in 30 minutes prior to the time he was supposed to clock in. In effect, he was trying to get more overtime than he was approved for that day. He knew better than that. He did not work the entire shift. His supervisor found out that the operator assigned to operator the plant that day was sick and unable to come to work. The supervisor made changes to work assignments issued that day and gave Joe Castaneda a direct order to operate the plant that day. Joe Castaneda refused that direct order, and told Garcia to get someone else to operate the plant. He decided that he should be the one to act as the Work Coordinator that day, and walked off the job. Mr. Castaneda's representative stated that Mr. Castaneda knew that the supervisor who Garcia was was the Work Coordinator was not going to be at work that day and David SCN\INED aware Mr. Castaneda was going to come in early to do the Work Coordinator job. Mr. ) Castaneda told Mr. Garcia that he did not feel well and requested to leave work. Susan Hutson played a tape recording of a meeting held on December 10, 2003 between Mr. Castaneda, Regina Lee and Foster Crowell, Director of Wastewater Operations discussing the events of October 17, 2003. Susan Hutson called upon Mr. Castaneda to testify. He stated he is still a State certified Plant Operator. He stated he was not the Work Coordinator on October 17, 2003 and agreed that David Garcia was the Work Coordinator that day. He stated he did not refuse to work that day and that he had been ill since the night before. He told David Garcia he was sick and needed to leave. Ms. Hutson presented City's Exhibit #3, Employee Incident Report date 10/22/03 and questioned Mr. Castaneda about the report. He agreed he clocked in early on 10/17/03. He was told to take over the Lead Operator duties for the 7:00 a.m. to 3:00 p.m. shift. Mr. Castaneda said he told Mr. Garcia that Mr. Cavazos was present and that standard operating procedure stated he was supposed to step up and assume the position. He said that standard operating procedure only requires him to follow his supervisor's instructions up to a point. He did not want to violate SOP. Mr. Castaneda said Mr. Garcia was aware that he did not feel well and was leaving work. He said he was not faking an illness. He went back to work later that day to his regular assignment with his jImodium medicine. He acknowledged to Ms. Hutson that he has been reprimanded in the past while working for the City of Corpus Christi. City Exhibit # 3 and # 4 were admitted...the City's handbook and acknowledgement form that he received it in 1994. A discussion followed about the information in the handbook. City's Exhibit #6 was admitted—a grievance that Mr. Castaneda had filed. His representative objected to the exhibit because it was irrelevant. Ms. Hutson stated it was relevant because it speaks specifically about Mr. Castaneda not clocking in early, and it acknowledges the handbook which he told Mr. Crowell he knew nothing about. The Civil Service Board accepted Exhibit#6. A discussion followed. City's Exhibit #7 was submitted—a grievance filed by Mr. Castaneda on June 11, 2002. The grievance was filed against David Garcia accusing him of allowing violations against City Policy, Departmental, and Plant policies. Mr. Castaneda stated that he had David Garcia's permission to come in early on the morning of October 17, 2003. Mr. Castaneda's last three Evaluation Reports were admitted as City's Exhibit # 8. His evaluations stated that he needed significant improvement three years in a row. City's Exhibit #9 was submitted—a letter of counseling that he received from John Alexander, his supervisor. It stated his concern for Mr. Castaneda's failure to follow instructions and taking action beyond his authority on the morning of December 3, 1999, . was concerning an operational issue. City's Exhibit #10 was submitted—a letter of reprimand dated February 14, 2000. He was reprimanded for entering personal information in the log book at work Mr. Castaneda's representative asked if he had permission on October 17, 2003 to clock in early. He stated he had permission from David Garcia. A discussion followed. A short recess followed. Mr. Castaneda continued his testimony. Mr. David Garcia, Mr. Castaneda's supervisor, was called as a witness. He stated on October 17, 2003, Mr. Castaneda had signed up for overtime on a calendar, which was City Exhibit #11. City's Exhibit #12, a record of employees' clocking in and out was presented and admitted into evidence. Mr. Garcia stated that as the Work Coordinator he had to assignment the work Mr. Castaneda was assigned to work Operations instead of the Pump Route,but he asked Mr. Garcia why he didn't assign someone else to do it? He told him to work Operations again, but he said he was going home. Mr. Garcia heard no mention of Mr. Castaneda being ill. He did not try to stop him because he did not want a confrontation with Mr. Castaneda. Mr. Garcia reported the incident to his supervisor, and they went to Regina Lee to talk about the situation. Mr. Garcia said he was surprised to find out that Mr. Castaneda punched in early that morning without his approval. Mr. Castaneda came back that day and worked his regular 3:00 p.m. to 11:00 p.m. shift. Mr. Garcia did not give Mr. Castaneda permission to leave work Mr. Castaneda's representative questioned Mr. Garcia. He asked if Mr. Castaneda had permission to come to work early, and if he had told Mr. Castaneda he could leave early. Mr. Castaneda stated he did not give him permission to leave early. Mr. Castaneda himself questioned Mr. Garcia. A discussion followed of the events of that morning. Mr. Zamora appeared as a witness. He was scheduled to work with Mr. Castaneda on the morning in question. He stated he was familiar with the pump route. He stated be heard Mr. Castaneda tell Mr. Garcia that he was ill and he was leaving. He heard the discussion between Mr. Garcia and Mr. Castaneda as to why things weren't been done as they usually are. He said he felt the situation was tense, but not confrontational. Mr. Zamora said he had in the past told the"next person up" that he was ill and left work, and he had seen other employees do it also. A discussion followed. Mr. Thomas Corpus appeared as a witness. He is a Wastewater Technician at the Oso Treatment Plant and was working on the day in question. He stated Mr. Castaneda told him he had just punched out and left work and never mentioned he was sick. He told Mr. Corpus that"they better not write me up;this is bull shit". ) ReginaLee was called as a witness. She is the Administrator Manager for Water Utilities and delivered the Contemplative Letter to Mr. Castaneda. She said Mr. Castaneda told her at the time she delivered the letter that he had left work that day because he didn't want to get into a confrontation with David Garcia, and that there was an understanding in his department that you could clock in early. A discussion followed. Foster Crowell was called as a witness who stated that Mr. Castaneda was disciplined for violating Civil. Service rules #4, #6, #7, and #27. He explained that a Supervisor sometimes has to make decisions quickly, and does not have to stop and explain his reasons to subordinates. He also stated that Mr. Castaneda has had several disciplines relating to his not following the orders of his supervisors. Mr. Castaneda's representative cross-examined Mr. Crowell. Mr. Crowell stated he weighed his decision to discipline Mr. Castaneda on the facts that were disclosed in their meeting. Ms.Hutson gave a closing statement for the City. Ms. Castaneda's representative gave his closing statement. The Civil Service Board went into closed meeting at 4:28 p.m. The Meeting was again called to order at 4:35 p.m. The Civil Service Board members upheld the two-day suspension. The meeting was adjourned at 4:36 p.m. Cyn "a C. Garcia,Director of HRCydney F , Vice-Chair Aintided1 Erich Wendl,Member Leonides Bazar,Mem