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HomeMy WebLinkAboutMinutes Civil Service Board - 08/18/2004 • r MINUTES OF THE 523 rd CIVIL SERVICE BOARD MEETING 1201 LEOPARD ST., CITY HALL HUMAN RESOURCES CONFERENCE ROOM 524 th CIVIL SERVICE BOARD MEETING August 18,2004 BOARD MEMBERS PRESENT CITY STAFF PRESENT Cydney Farrar, Vice-Chair Cynthia Garcia, Director of Human Resources Leonides Bazar, Member Susan Hutson, Asst. City Attorney Laura Gallegos, HR Analyst The 523r Civil Service Board Meeting was called to order at 9:07 a.m. Item #1: Review and approve the minutes of the 522nd Civil Service Board meeting held on March 2, 2004. The minutes were approved as read. Item #3: Review and consider the appeal of the termination of Jennifer Gonzalez, Sr. Account Clerk, Water 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. Jennifer Gonzalez, Sr. Account Clerk, came to the Water department with experience. She had been at City Hall; she was trained in the water department thoroughly on how to handle invoices, payments and the city's financial system, called Peoplesoft. It turns out that she could not handle the job. She was warned repeatedly on how to handle and properly process invoices, research issues to make sure we were not double paying and to file them away correctly so we could access the information if there were any questions. But she did not do that. 'She improperly inputted the invoices into the system. She improperly filed them. In fact they were just sitting on her desk. She failed to deposit checks that she was responsible for. These errors cannot be tolerated in the city's financial system. It's just too important. After you reviewing the evidence, you will see that the City cannot trust Jennifer Gonzalez to continue to work in its financial section. She just cannot handle the job. Thank you. SCPNNED ' I / Ms. Gonzalez's representative, Gay Gilson/Attorney, stated that the evidence will show ) something quite different. Ms. Gonzalez has worked with the city approximately four years. The evidence will be quite shocking. She was accused of many things that were not her responsibility. In fact, there were thirty five allegations against her and only seven occurred on her watch. We believe the evidence will show that the other employee, Ms. Sanchez, who actually was responsible for those invoices, should be the one here but instead she has been promoted. We believe the evidence will show that Ms. Gonzalez was a good employee until she notified Ms. Dela Pena that she wanted.to start a family. In fact when Ms. Gonzalez became pregnant she began getting written up. Ms. Gonzalez was given inconsistent directives by her supervisor. Her performance appraisals were "meet expectations"and some of the final write-ups that Ms. Gonzalez received from Ms. De la Pena were cited documents that didn't exist such as the letter of counseling. We believe the evidence will show that Ms. Del La Pena made up some of these allegations and retaliated and discriminated against Ms. Gonzalez because of her pregnancy. Susan Hutson called upon Emma Wilburn to testify. She stated her name and job title, Sr. Account Clerk. She has been working for the City for the past six months. Started working as a temporary due to Jennifer's maternity leave. Worked with Jennifer for two days and was trained on Peoplesoft. She became involved with the uniform issue when she was asked to come in and work weekends with Ms. Dela Pena and Ms. Sanchez to help clear this up. They found that some of the dispatch sheets did not match the invoice and they were supposed to. The orders were also entered incorrectly into Peoplesoft. Ms. Hutson passed the witness. Ms. Gilson questioned the witness. A discussion followed about the alleged wrong invoices. Ms. Gay Gilson passed the witness. Ms. Hutson asked Ms. Wilburn if she was ever asked by Ms. De La Pena or Ms. Sanchez to enter anything incorrectly into Peoplesoft. Ms. Wilburn said no. Ms. Hutson released the witness. Ms. Hutson called Michelle Sanchez as a witness. Currently a Management Aide but worked as a Sr. Account Clerk with Jennifer. She has worked for the city since 2000 in Accounts Payable and Water department. A discussion followed about her job duties as a Sr. Account Clerk at the Water department. Ms. Sanchez talked about training sessions that both Michelle and Jennifer attended per Marie's request. Marie sat with me and Jennifer for about a year everyday and trained us on how to enter into Peoplesoft and how research issues. The importance of researching issues was discussed. A discussion followed about Marie's training style and her availability. Ms. Sanchez talked about how she processed and filed invoices. She stated that job assignments were divided between both of them. A discussion followed on who was responsible for ordering uniforms and the process involved. Ms. Sanchez explained the steps involved when paying an invoice using Peoplesoft. Ms. Hutson asked Ms. Sanchez if Marie every told her staff to pay incorrect invoices and Ms. Sanchez stated no. A discussion followed on how to handle incorrect invoices. Ms. Sanchez noticed that the data in Peoplesoft did not match the invoices and those were handled by Ms. Gonzalez. Therefore, all the invoices had to be checked one by one to correct them. Ms. Hutson asked Ms. Sanchez to elaborate on her duties pertaining to bids. Ms. Sanchez explained and stated that Ms. Gonzalez had the same duties as she did when working with bids. Ms. Hutson asked Ms. Sanchez if Ms. Gonzalez's work area was searched after she went out for maternity leave. Ms. Sanchez stated that it was and they found unpaid invoices, checks that were not deposited and paperwork that was not filed. Ms. Sanchez explained what should have been done with everything that was found on Ms. Gonzalez's desk. Ms. Hutson asked Ms. Sanchez if there was any animosity between them or if she was out to get Ms. Gonzalez in any way. Ms. Sanchez answered "no". Ms. Hutson asked Ms. Sanchez if Ms. De La Pena treated Ms. Gonzalez any different or was out to get Ms. Gonzalez in any way. Ms. Sanchez answered"no". Ms. Hutson passed the witness. Ms. Gilson asked Ms. Sanchez about the misfiled information and the allegations that were brought up against Ms. Gonzalez in the contemplated and termination letters. A discussion followed on whether or not Ms. Sanchez and Ms. Gonzalez worked as a team. A short recess followed. Ms. Gilson asked Ms. Sanchez if she was ever counseled or written up. Ms. Gilson presented Gonzalez's Exhibit #1, an invoice for City of Corpus Christi dated 3-13-03. Ms. Sanchez stated it was her primary responsible for payingthis invoice. Exhibit G#2, Rental Service Corporation invoice, Ms. Sanchez stated she was responsible for paying this bill. Ms. ) Hutson objected to question if Ms. Gonzalez's termination was fair. Exhibit G#3, invoice not paid, should have been Ms. Sanchez's responsibility to pay. Exhibit G#4, a check dated 12/10/02, Ms. Sanchez's was responsible for depositing this check since she was in charge of this account at this time. Ms Sanchez stated not having seen this check. Ms. Sanchez was asked about the contents on Ms. Gonzalez's the desk. Exhibit G#5, invoice from Ingram Ready mix dated 4/24/03, Ms. Sanchez was responsible for paying this invoice but was paid by Ms. Gonzalez in September. Ms. Sanchez stated she was never asked about the invoices that Ms. Gonzalez was accused of other than the uniforms. Ms. Gilson presented Exhibit G#6 and Exhibit G#7 Ms. Sanchez testimony continued about the alleged incorrect invoices. Ms. Gilson passed the witness and then was asked to stay in the lobby subject to recall. Marie Dela Pena was called as a witness. She is the Procurement Supervisor and supervised Jennifer Gonzalez. A discussion followed about Ms. Gonzalez's duties as a Sr. Account Clerk. Ms. Hutson presented City Exhibit #1, Ms. Gonzalez application for the Sr. Account Clerk position. The application stated she had Peoplesoft experience, entered invoices and ran reports. City Exhibit#2, Structured Interview Questions,past work experience indicated Ms. Gonzalez knew the functions of accounts payable and purchasing. A discussion followed. A discussion followed about how Ms. Dela Pena trained Ms. Gonzalez to perform her job duties as a Sr. Account Clerk. Ms. Dela Pena talked about how the department uses Peoplesoft to perform accounts payable functions. The Purchasing Card was discussed along with its use and the importance of correct recordkeeping. Ms. Dela Pena emphasized that ) Ms. Sanchez and Ms. Gonzalez needed to work as a team and cross trained them. Ms. Del Pena's testimony continued. The issue about the unpaid account/Texas Department of Health regarding the Water Department's Health License was discussed. Wrong information about the account was given to M.P./Laboratory Director. The department was threatened to lose its license because of nonpayment and was put on hold. City Exhibit # 3, Letter of Reprimand, was introduced and discussed. City Exhibit # 4, Termination Letter, was introduced. Ms. Dela Pena's testimony continued about the contents of the termination letter. Ms. Dela Pena stated that Ms. Gonzalez admitted to failing to follow proper procedures. City Exhibit #5, Supply Agreement Notice, Price Sheet, Uniform Order Form, Return Instructions form and Bid Tabulation were introduced and discussed. City Exhibit # 6, Ms. Gonzalez's Performance Evaluation was presented. Problems areas were addressed in the evaluation. Ms. Hutson presented City Exhibit # 7, Copies of invoices that were listed in the termination letter pertaining to the uniform issue. Ms. Dela Pena's testimony continued. City .Exhibit # 8 and #9, Invoices that were entered correctly by Ms. Gonzalez, were presented. This proves that Ms. Gonzalez was capable correctly paying and entering invoices into Peoplesoft. A lunch recess was taken for one hour and five minutes. Ms. Dela Pena's testimony continued on the invoices that were found on Ms. Gonzalez's. desk while out on leave and were not properly processed. City Exhibit 10 was submitted. City Exhibit#11 was admitted, bid request information, shows that Ms. Gonzalez knew how to request approval on bids and knew what to do with this information. City Exhibit # 12 was introduced. These were invoices that were left on Ms. Gonzalez's desk that were left unpaid. City Exhibit #13, Letter to Sterling Public Safety, addressing the outstanding invoices and advising Sterling Public Safety of payment. Total amount unpaid was$1042.55. A discussion followed about how all of the unpaid invoices negatively impacted the department. City Exhibit# 14 was introduced into evidence Gonzalez Exhibit # 8, Blank Performance Evaluation was introduced into evidence. Ms. Gilson cross-examined Ms. Dela Pena. A discussion followed about the contents of the folder found on Ms. Gonzalez's desk during maternity leave. Ms. Dela Pena alleged that Ms. Gonzalez should have followed-thru with the Ingram-Mix account and that was not done. Ms. Gonzalez did not have any prior written discipline prior to the one submitted into ) evidence. Ms. Dela Pena stated that Ms. Gonzalez did not talk to her regarding any pending accounts and did not clear her desk prior to leaving for maternity leave. Testimony continued about Ms. Gonzalez and Ms. Sanchez's responsibilities as Sr. Account Clerk and the alleged invoices. No letter of counseling was issued. Ms. Gilson asked Ms. Pena if the City had a progressive discipline policy. First step of Progressive discipline is to counsel the employee then give them letter of counseling then if serious a letter of reprimand. A termination letter may then be issued depending on the letter of reprimand. In this case the letter of counseling was skipped. This was handled by Regina Lee, Administrative Manager, and Saundra Thaxton, Financial Manager for Water Department. Ms. Hutson questioned Ms. Dela Pena about Ms. Gonzalez paying for things not received on the invoice. Employee ordered 5 shirts and 5 pair of pants but paid for 5 shirts 5 pair of pants and 1 jacket. A jacket was not ordered. Ms. Dela Pena did not have has much problems with Ms. Sanchez as she did with Ms. Gonzalez. City Exhibit #15, City's Progressive Discipline Guidelines, was admitted into evidence. The purpose of these guidelines is to help a supervisor decide what should be done. The severity of the offense determines what needs to be done. Discussion followed about other disciplinary options that were available. Ms. Dela Pena was asked to stay in the lobby subject to recall. Mr. Danny Ybarra, Assistant Director for Water Department, was called as a witness. He issued the letter of reprimand on August 13, 2003 to Ms. Gonzalez pertaining to failing to process payments correctly, for giving false information to the Water Department's Lab Director and for filing away invoices and not processing them as they were supposed to be. Ms. Gonzalez did not give me any excuses for these incidents and stated that she would attempt to improve on some of the things that were addressed in the letter of reprimand. It was clear that her behavior needed to change. After meeting with her on the letter of reprimand, she then had two more incidents on September 19 and September 20, 2003. These incidents were mentioned in the letter of termination. Mr. Ybarra's testimony continued about the allegations in the termination letter. Ms. Gonzalez's attorney questioned Mr. Ybarra. Mr. Ybarra did not personally do the investigation he relied on the investigation done by his staff. Mr. Ybarra made the decision to terminate Ms. Gonzalez. Ms. Gilson stated that some of the information that's was alleged in the folder was post dated after September 2003 and could not have been in that alleged folder. Mr. Ybarra would not change his decision to terminate Ms. Gonzalez. Ms. Hutson questioned Mr. Ybarra about his role as an Assistant Director for Water Department. A short recess followed. Ms. Gilson called Ms. Emma Sanchez, works in Accounting Department, as a witness. Ms. ) Wilburn confirmed that Ms. Sanchez and Ms. Gonzalez rotated departments in the past. Witness was released. Ms. Gilson called Jennifer Gonzalez, Sr. Account Clerk, as a witness. Started with the city as a temp in the accounting department for two years then moved to the water department. Ms. Gonzalez learned Peoplesoft while working in the Accounting department. Ms. Gonzalez told her supervisor about her desire to start a family and after May 2003 my working environment changed. Did not receive any reprimands prior to May 2003. Her discussion followed about the allegations in the letter of reprimand. This was the first time that Ms. Gonzalez ever received a reprimand after being told that she was doing well in her performance evaluation. Ms. Gonzalez learned that termination was being contemplated when she came back from maternity leave on April 7, 2004. Prior to leaving on maternity leave Ms. Gonzalez trained the temporary and left no unpaid invoices pending. She was told to pay from invoices not from statement of accounts. Gonzalez Exhibit#9, Contemplated Disciplinary Action was introduced. The contents of the letter were discussed. This letter was issued to Ms. Gonzalez on her first day back from maternity leave. Gonzalez Exhibit #10, Rebuttal Letter of Counseling, was admitted. Ms. Gonzalez received a letter of termination on June 11. Ms. Gonzalez's testimony continued. Gonzalez Exhibit # 11, Nueces Electric Coop bill, was submitted. Ms. Gonzalez took the initiative to handle this account and took it to Mr. Peralez for approval. Ms. Gonzalez's testimony continued about the allegations regarding the uniform issue and other unpaid invoices. Ms. Hutson questioned Ms. Gonzalez. Ms. Gonzalez stated she did not know she had the right to respond to the letter of reprimand that was given to her. Ms. Hutson identified that it was stated in the letter of reprimand. that Ms. Gonzalez could respond to the letter of reprimand. The statement of account showed that the City owed money to the Department of Health and she had six months to research it and it was not taken care of. The contents in the green accordion folder were given to Ms. Gonzalez to take care of them. Ms. Gonzalez did not inform Ms. Dela Pena about the disconnect notice and was told to keep her supervisor informed about critical issues. Ms. Gonzalez's testimony continued. Ms. Gilson re-examined Ms. Gonzalez. Ms. Gonzalez was excused subject to recall. A short recess followed. Ms. Hutson called Ms. Dela Pena as a witness. Ms. Dela Pena confirmed that Ingram Ready- mix was Ms. Gonzalez account and that she was having trouble keeping up with some of her accounts. Ms. Gilson questioned Ms. Dela Pena about Ms. Gonzalez's accounts. Ms. Gonzalez was i given Stormwater accounts since that was a smaller department. Ms. Gonzalez's mistakes • included paying for things not received and entering wrong information into Peoplesoft. Ms ) Dela Pena admitted that other employees along with Ms. Gonzalez were verbally counseled for making small/minor mistakes. Ms. Gonzalez's testimony continued about not following proper procedures when researching accounts. Gonzalez Exhibit # 12, Nueces Electric Coop invoice, was admitted into evidence. It indicated it was received in July 2003 that reflected a past due amount. Ms. Dela Pena stated she did not investigate this invoice since it was properly processed by Ms. Gonzalez. Ms. Dela Pena was excused. Ms. Hutson gave a closing statement for the City. Ms. Gonzalez's representative gave her closing statement. The Civil Service Board went into closed meeting at 5:20 p.m. The Meeting was again called to order at 5:35 p.m. The Civil Service Board members upheld the termination. • The meeting was adjourned at 5:36 p.m. lr ( � Cynt is C. Garcia, Director of HR Cydney Farrar, Vice-Chair 4/;641... Arfrt-Ay Erich Wendl, Member Leonides Bazar, M:11 ber