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