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
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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.
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Cynt is C. Garcia, Director of HR Cydney Farrar, Vice-Chair
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Erich Wendl, Member Leonides Bazar, M:11 ber