HomeMy WebLinkAboutMinutes Civil Service Board - 12/06/2005 2728.29
AMENDED MINUTES ev
531St CIVIL SERVICE BOARD MEETING rki%' B �Q 1'
1201 LEOPARD ST., CITY HALL --Pr-•\I ='' 4
BASEMENT TRAINING ROOM Qt = 'j°'S
December 6, 2005 ,\'
BOARD MEMBERS PRESENT - CITY STAFF PRESENTS L�� .
Cydney Farrar, Chairperson Cynthia C. Garcia, Director of
Jose Moncada, Member Human Resources
John Silvas, Member Jennifer Knox, Asst. City Attorney
Sally Gavlik, Director of
Parks & Recreation
Deanna Galan, Human Resources
Chairperson Farrar called the 531st Civil Service Board hearing to order at 9:00 a.m.
Item#1: Review and approve the minutes of the 529th and 530th Civil Service
Board Meetings held on October 31,2005 and November 14,2005..
Motion to approve October 31, 2005 minutes by Member Moncada - Member Silvas
seconds motion.
Motion to approve November 14, 2005 minutes by Member Moncada— Member Silvas
seconds motion.
Item#2: Review and consider the termination on Scot Davison, Assistant Golf
Professional, Parks &Recreation Department.
Asst. City Attorney, Ms. Knox, asked to have rule invoked. Chairperson explains the
meaning of invoking the rule and asked to have all witnesses present for the swearing of ..
the oath. Mr. Perkins, attorney for Scot Davison, asks all witnesses to identify
themselves for the record. Witnesses: Benny Davison, Clifton Woodson, Michael
Lundberg, Barbara Weisner, Samuel Stoney, Cefe Valenzuela, Raymundo Garcia (R.G.),
Ruben Castillo, Ronald Sepulveda, Bruce Haddad, Ellis Johnson, J.D. Batten, Abel
Sanchez, Nilesh Patel, Bart Ortiz, Chris Semtner, Sally Gavlik, Scot Davison. Oath was
given. Asst. City Attorney, Ms. Knox, introduced herself and client Sally Gavlik,
Director of Parks & Recreation. Chairperson Farrar asks for a briefing. Ms. Knox states
Scot Davison was an employee in the Parks & Recreation Department and was
terminated on May 31, 2005 for violating the City's Code of Ethics and the Civil Service
Board Rules and Regulations. The facts supporting the termination are: On May 3, 2005,
Scot Davison allowed his father, Benny Davison, to use a golf cart and play a round of
golf without paying for either. Scot Davison's immediate supervisor, Bruce Haddad,
asked Benny Davison for his receipt for the City services and was told he lost his receipt.
Mr. Haddad also questioned Scot Davison about this incident. Scot Davison stated he was
SCANNED
not aware he had not charged his father, Benny Davison, for the round of golf and use of
golf cart. Benny Davison came in the following day and got his golf card punched for the
round of golf on May 3, 2005 and paid for the use of the golf cart on same day. Video
cameras were installed at the Gabe Lozano Golf Course approximately one month before
Scot Davison was caught on tape allowing his father, Benny Davison, to play a round of
golf and letting his father use a golf cart without paying. How many other times did Scot
Davison fail to collect fees from his father or other golf player. Theft is theft, no matter if
it only happens once, it cannot be tolerated. Free golf and free golf carts are lost revenues
for the Golf Course. As the Assistant Golf Pro, Scot Davison, was to collect green fees
and present each golfer with a tape receipt upon payment and ensure no person played on
the Municipal Golf Course without having a valid receipt in their possession. He also
supervised the Pro Shop staff. Supervisors are held to a high standard and should be role
models. Scot Davison's conduct on May 3, 2005 in no way demonstrated a positive
image. Scot may claim he was a good employee with no prior discipline; however,
stealing or negligent with City property is one time too many. The City has always taken
a firm stance on theft. In the past, the City has terminated employees who stole or were
careless with paint and dirt. Another employee was terminated because he was caught on
video giving away free golf. The City cannot tolerate theft or carelessness of City
property. The operations of the golf course rely on the revenues collected at the Pro Shop.
Not collecting green fees or cart rentals is theft of services and theft from the citizens.
Considering the fact that Scot Davison violated the Code of Ethics and the Civil Service
Board Rules and Regulations by granting special treatment to his father, being dishonest,
stealing or being careless or negligent with City property, and being guilty of neglect of
duty,the termination is justified and should be upheld.
Chairperson Farrar asks Mr. Perkins to introduce himself and asks if he'd like to give a
statement.
My name is Eric Perkins, I represent Scot Davison. This Board will be asked to assume a
lot. I heard the word "theft" no less than a dozen times. Yet, Mr. Davison sits before you
uncharged with any crime. The accusation alone is actionable. We will show evidence
that not only is Scotty Davison a long time and very good employee with a stack of
unblemished performance evaluations to his credit. He's been an employee of the City for
19 years without any record of any offense. As he sits today, he remains un-accused of
any theft offense. I will ask you to hold the City accountable for every accusation against
Mr. Davison. We will show, in fact, Mr. Davison had already paid for that round of golf
before he played. We'll show the City has excepted a new custom in standard in the
operation of Gabe Lozano wherein players are not required to carry their receipt when
they play a round of golf. You will hear tournaments held there are paid for the day
afterwards, not prior to playing a round of golf. There will be no evidence that Scot has
ever stolen anything from the City of Corpus Christi. You will see a memo from Bruce
Haddad not to terminate Scot Davison. The citizens have the right to expect taxpayer
money be spent responsibly. Firing an employee of 19 years, leaving a gap in personnel,
throwing experience away over an unsubstantiated charge is irresponsible. At the very
least, if Mr. Davison did anything in violation of City rules, he should have been given
the benefit of the doubt. I would like this commission to listen to the evidence with a very
open mind today. Mindful again of not only the shallowness of the allegation against Mr.
Davison, but the City's responsibility to not just castseasoned experienced employees
aside on basically a whim. Thank you.
City Witness Ronald Sepulveda was called. - 1201 Leopard Working with City for 19
years, almost 20. Started as Lifeguard, Rec Coordinator over Latchekey programs,
worked at Rec Center for a while, Multi cultural Services manager, Multi-Cultural
Superintendent, Recreation Superintendent and now Athletics/Aquatics Superintendent.
Primary responsibilities are: management over pools, gyms, anything related to sports,
golf courses and tennis centers. This includes watching over staff, budget, revenues,
maintenance crews, grounds,public relations, customer service.
Ms. Knox — are there video cameras at the golf courses? Mr. Sepulveda responds yes,
they are located behind the counter (2 at each golf course). One faces directly at the
register and one faces toward the register and out to the pro shops. They were installed in
January and were working first of March. There was concerns, it wasn't fully working,
kinks to work out. They were fully working in April. There was concern with people not
paying, inventory not correct, safety issues. Scot was our Assistant Golf Pro at Gabe
Lozano. He worked at the Pro Shop there. Bruce Haddad was his immediate supervisor.
City Exhibit 1 —Job Posting for Scot's Position was presented. Mr. Sepulveda states it is
the advertisement for the position Scot held. Also, the job description was attached. Rec
Coordinator II was same as Golf Pro,trying to consolidate.
City Exhibit 1 admitted as evidence.
Ms. Knox—was one of Scot's essential functions to collect greens fees and present each
golfer with a receipt upon payment? Mr. Sepulveda states yes, it was his primary
responsibility. Greens fees are what is paid to play on courses. Scot was required to
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ensure all players were to have receipts. Scot was responsible for collecting cart rentals as
well. Scot was responsible for supervising the Pro Shop staff(assistant). Supervisors are
held to a higher standard and are role models for staff they supervise. They should follow
rules and regulations of policies. Operations rely on money collected. They are not
funded by any City funds. Anything collected goes into our revenues to run facilities.
Consequence for someone who detrimentally affects the operations of the golf course
should be termination. Scot was terminated because after cameras were installed a
management asst. notices Scot's father, Benny, does not pay on camera. Mr. Sepulveda
spoke with Bruce Haddad and asked if everyone needed.to pay, including family
members, Bruce stated yes. Bruce asked Benny Davison for receipt, Mr. Davison stated
he had the receipt. He went outside the Pro Shop and stated he lost it somewhere. Bruce
contacted Mr. Sepulveda and he contacted Legal Dept. This was blatent theft. Mr.
Sepulveda called in Scot Davison and talked to him, asked about payment from his
father, Benny. Scot stated he wasn't aware, he was very busy. Mr. Sepulveda states the
tape shows there was no one in the Pro Shop for about 10-15 minutes besides the two of
them.Mr. Sepulveda continues to say Scot states he must have been too busy and Benny
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must have gotten by. Mr. Sepulveda states the whole time on camera, Scot is basically
talkingwith his father at the counter, answers a phone or two. Mr. Sepulveda states he
was concerned when Scot stated he was "too busy". Mr. Sepulveda states the City
conducted an investigation. Stated at times Scot may have been either dishonest or didn't
remember specifics. Mr. Sepulveda stated Scot changed his story. Mr. Sepulveda states
Scot's conduct violated the City's code of ethics.
City Exhibit 2—Code of Ethic was presented.
City Exhibit 2 admitted as evidence.
Mr. Sepulveda states Scot violated code of ethics by knowing the rules and not abiding
by them (receipts on course). Mr. Sepulveda states Scot also granted special treatment to
his father, Benny, by allowing him to play for free. Scot was directed not to give free golf
several times before I assumed position, by golf pro, Bruce Haddad, signs at course. Scot
failed to obey .order by his supervisor by not collecting fees or giving receipt. Mr.
Sepulveda states Scot was incompetent. I received a call in the morning in one instance
that the golf course was not opened on time because Scot did not show up, he was late.
Mr. Sepulveda states City's position on theft is to terminate. States Scot was guilty of
neglect of duty on May 3, 2005 by not collecting fees and making sure receipt was given
and kept on golf course. Scot was advised free golf would result in disciplinary action.
Scot stated several times he knew he should not give free golf, that he should give
receipts.
City Exhibit 3 — Golf Scorecard was presented. Golfers receive this at time of payment
and sometimes they are in the golf carts.
City Exhibit 3 admitted as evidence.
City Exhibit 4—Golf Course Sign was presented. Sign states rules on golf course. Sign is
clearly visible for golfers.
City Exhibit 4 admitted as evidence.
Mr. Sepulveda states another employee was terminated for allowing free golf but was not
caught on video. Scot is not only employee terminated for giving away free golf. Mr.
Sepulveda states they are monitoring, change of awareness, especially with employees.
We are watching more carefully. Mr. Sepulveda states we were called but were too late to
catch other instances of free golf. Mr. Sepulveda stands by and asks board to uphold
termination of Scot Davison.
Pass the witness.
Mr. Perkins — investigation consisted looking at video which showed Scot and Benny
Davison on video, the video doesn't have sound. Mr. Perkins states he'd like to see the
video. Ms. Knox states she will show it with the next witness. Mr. Sepulveda states there
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was no transaction between Scot and Benny on the video. Mr. Perkins speaks of the golf
card. Mr. Sepulveda states it is a coupon card in which you can purchase 12 rounds of
golf for 10 rounds. States you can use golf card at any time with a punch of the card.
Transaction includes punching the card. Mr. Perkins asks if Scot ever told Mr. Sepulveda
he let his father play for free. Mr. Sepulveda states he did in the third meeting, the final
termination, about-May 31, 2005. He stated,."I'm sorry, I allowed my father to play for
free. I made a mistake. I am very sorry for that mistake and I wish you would forgive me
for that." Mr. Sepulveda states the golf card was not ever discussed in the meeting until
his father stated he had a golf card. Mr. Sepulveda recalled Scot saying his father went in
the next day and purchased another golf card, came in the next day and paid. Mr.
Sepulveda stated they knew his father had a golf card because he plays three times a
week. Mr. Sepulveda states Benny Davison should have known to carry the receipt. Mr.
Perkins asks if Exhibit 4 was removed sometime this year. Mr. Sepulveda states his is not
sure. Mr. Perkins asks if there are circumstances where players are not asked to pay
before playing. Mr. Sepulveda states the City has an agreement with CCISD where the
students do not pay. It is a reciprocal agreement. Mr. Sepulveda explains the agreement.
between CCISD and the City. Mr. Perkins states this is a violation of the code of ethics.
Mr. Sepulveda states his does not have authority to ok any of this.
Mr. Perkins asks what revenue was lost the day of the infraction. Mr. Perkins asks why
Scot was not reprimanded. Mr. Sepulveda states the other employee caught letting others
play for free was terminated.
Mr. Perkins refers to City exhibit 3. Mr. Perkins asks if any player has ever been
prosecuted or denied privileges of the course for not carrying the receipt. Mr. Sepulveda
responds "yes". Mr. Sepulveda states he is aware of all policies in effect in the golf
course. He states there may be instances which"blur the line".
Pass the witness
Ms. Knox asks Mr. Sepulveda to explain how golf card is utilized and what the purpose
it. Mr. Sepulveda states the card is a loyalty program. As the patron walks in the Pro
Shop, they present the card. Most staff knows who has the card but it must presented to
staff and staff punches the card and gives them the greens receipt. They will have a
receipt regardless of how they pay. The card must be punched each time a patron plays so
that the Pro Shop can monitor. Mr. Sepulveda states the principal of the theft is more
important than the actual price. He states he relies on Bruce Haddad to report potential
problems. He states he also does spot checks on the courses.
Pass the witness.
Employee Exhibit 1 =Gabe Lozano Golf Course Monthly card log was presented.
Mr. Perkins shows the exhibit to Mr. Sepulveda and points out it shows card numbers and
dates on the monthly ledger sheets, dates from 3/1/05-4/25/05. Mr. Perkins shows Benny
Davison on the ledger bought a golf card for$115 on 3/24/05.
Employee Exhibit 1 admitted as evidence.
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Mr. Perkins -No further questions.
City Witness Nilesh "Neal" Patel was called. 1201 Leopard, working for 2 years with
City as Management Assistant. Responsibilities include: assist the Superintendent of
Athletics as well as Super. Of Support Services, specific with Golf Division. Methods of
payment cash, credit, check. Green fees can be purchased with punch card, monthly card.
Reviews camera at golf courses, video over IP. It saves directly to computer and reviews
the videos on a daily basis. It may be viewed live. On May 3, 2005 reported watching
footage at Gabe Lozano Golf Course and saved parts on CD. The file is very large, it
records 3 frames/second. We can only save certain portions of the day. Parts where
Benny Davison was in Pro Shop. He did watch entire footage.
City Exhibit 6—CD of footage at Gabe Lozano Golf Course was presented.
Mr. Patel indicated he prepared the CD and was familiar with contents. There are four
video clips. The first shows Benny and Scot Davison. Scot behind the counter and Scot
gives Benny the key to the golf cart without collecting payment, no punch card, cash, or
anything. On second, Mr. Davison was walking to greet gentleman across the Pro Shop.
The third clip shows Benny going to telephone, talking to some people. On the fourth
clip, Benny coming inside from the golf cart, drops off key, speaks to the head Golf
Professional, goes to counter and gets the key again, goes back out and comes back again.
Ms. Knox asks that exhibit 6 be admitted. Mr. Perkins has a few questions first. He asks
Mr. Patel it was formatted in. Mr. Patel states it wasn't "edited", he himself made
decision to edit and keep only clips where Benny was in the Pro Shop. He did speak with
Ronald Sepulveda about this. Mr. Perkins asks for the rest of the video and Mr. Patel
states it is gone because the hard drive crashed. It was too big to put on network,
removeable disk, anywhere. Mr. Perkins states he is concerned because it is not a
complete video. With reservations, Mr. Perkins asks to see it.
Chairperson Farrar asks Mr. Patel if all selected was where Benny was in the Pro Shop.
Mr. Patel answers yes.
The CD is played and Ms. Knox asks Mr. Patel to explain what is shown. The first clip
shows Benny at the counter, having conversation with Scot, about 10:09am. Discussion
about clip shows Benny receiving cart key but no cash transaction or punch card punch.
The final video shows Benny coming back in the Pro Shop, called by Bruce, dropped off
the key and picked it back up. Ms. Knox asks if it looks busy, Mr. Patel states no. Benny
walks in, speaks with Bruce (can be seen driving cart back). Ms. Knox asks Mr. Patel if
what he viewed on the video footage, did Benny pay for his round of golf. Mr. Patel
states no. There is no other footage showing any payment, states Mr. Patel. Mr. Patel
states thereis a transaction report and there was no transaction during the time Benny
was there.
City Exhibit 6—Transaction Detail Report was presented
Mr. Patel states it is generated by point of sale system. It is for the Gabe Lozano Course
{ for May 3, 2005 and is responsible for generating it. It is done continuously and kept in
the regular course of busy.
Ms. Knox asks the exhibit be entered. Mr. Perkins would like to ask questions first.
Mr. Perkins asks when it was generated. Mr. Patel states November 30, 2005. It was first
generated on May 3, 2005. Mr. Patel states it is the same report despite when it is
generated. States there is no manipulating of query. Mr. Perkins states it is not sequential
in order and states there is missing data. Mr. Patel states it is operated for both courses
which would explain data missing.
Chairperson Farrar asks if there is anything else on report — the Board needs to decide
whether or not to admit it.
Mr. Perkins states he objects on grounds of incompletion, that Mr. Patel is not the
custodian of these records. Mr. Patel states they are in order by time. He states they were
not collecting names of individual golfers for transactions.
Chairperson Farrar states the Board will not admit City exhibit 6.
Ms. Knox asks Mr. Patel if he has knowledge of any other time Scot allowed Benny to
play for free. Mr. Patel states the day he was called in for termination, with Sally and
Ronald, footage was reviewed.
Mr. Perkins objects to evidence being destroyed.
Ms.Knox asks again and Mr. Patel states yes.
Chairperson Farrar—"You're knowledge, first hand knowledge?"
Mr. Patel—"Yes"
Ms. Knox continues and Mr. Patel states both he and Ronald Sepulveda witnessed it on
video. It was not saved because it was on the hard drive and it crashed.
Pass the witness
Mr. Perkins asks Mr. Patel to locate the hard drive. Mr. Patel states it is in the office. Mr.
Perkins wants assurance it will not be tampered with from Mr. Patel.
No further questions.
City Witness Chris Semtner was called. 1201 Leopard, working for 10 years as
Management Assistant I, Management Assistant II and Superintendent of Support
Services. Responsibilities are taking care of departmental budget for Parks & Rec, take
care of support staff, contracts and grants. Worked with Golf Fund when it was assigned
about 2 1/2 years ago, in charge for about 1 %z years assigned by Asst. Director. Re-iterated
to staff there was no free golf on many occasions. He specifically talk to Scot when he
was on panel that interviewed Scot. Mentioned it was a visible position as Asst. Pro and
that it would be hard on him because everyone knew his dad played at course and would
assume his dad would play for free. He needed to make sure it wouldn't happen. Mr.
Semtner worked with Scot on a daily basis. Believes the golfers like Scot and he has a
good attitude. Mr. Semtner states his paperwork was in error frequently. There were
overages and underages and some times in the $100s. Mr. Semtner states he doesn't think
Bruce is a good role model, he has good intentions but he doesn't bring to attention what
staffers should do.
Pass the witness
Mr. Perkins asks if he has reviewed records of day in question. Mr. Semtner responded
no. He responded he saw the tape. He did not watch the entire days tape, he watched the
series of clips.
No further questions. Witness excused.
City Witness Bruce Haddad was called. 4401 Old Brownsville Rd, worked for 24 yrs, 10
yrs as employee, 14 yrs as contractor. Title is Head Golf Professional for City. Manage
both municipal golf courses, except for maintenance of grounds. Has worked with Scot
• for 14 years. There were rumors concerning employees allowing free golf. He had
employees sign memo regarding importance of fees and receipts. Punch card holders
receive receipts also. Free golf is only in special occasions where there is an agreement.
with the City (HS, middle school golf members), retired City employees have agreement
with City Manager. Also give gift certificates and other PGA can play for free. Benny
was never authorized to play without paying. Reminds employees daily not to allow free
golf and that the punch card must be punched. There is a 12 punch card for 10 punch
price so the card must be punched every time. Scot's failure to collect fees would
jeopardize. On May 3, 2005, Bruce asked Scot if Benny paid. Scot stated yes, he paid.
Benny usually uses a check or cash. He also uses the punch card. Bruce asked Benny for
receipt on May 3 and stated he couldn't find it.
City Exhibit 6 — Memo from Bruce 'Haddad to staff at Lozano Golf Course was
presented.
Bruce notes Scot initialed the document.
City Exhibit 6 admitted as evidence.
Bruce states basis of memo was to keep City employees honest. Bruce states every
player, despite for of payment, carries a receipt. It does indicate how it was paid for.
Bruce states Scot violated the memo.
Pass the witness.
Mr. Perkins notes video cameras in Pro Shop were known by all employees. Bruce states
he has not seen video footage. Mr. Perkins notes there are exceptions to the rule
(tournaments). Bruce states he sent an email on Scot's behalf to allow Scot to continue
employment.
Employee Exhibit 2—Memo from Bruce Haddad to Sally Gavlik was presented.
Employee Exhibit 2 admitted as evidence.
Bruce explains the punch card system. Bruce states punching card is necessary to keep
track of number of rounds of golf played. Bruce states the next day Benny came in to pay
twice, once for the previous day. Bruce states Scot was dependable, loyal, understands
point of sale system, popular with customers. He states regular golfers expressed concern
over Scot's removal.
No further questions.
Chairperson Farrar asks Bruce how other golfers found out about the termination and the
reason for it. Bruce states rumors and the fact that Scot wasn't there everyday anymore
led to the golfers knowing about Scot's removal.
Jennifer Knox asks for Bruce to stay for rebuttal.
City Witness Benny Davison was called. 3629 S. Saxet. Current profession is an official.
Has worked for City as a Police Officer. Plays golf everyday, mostly at Gabe Lozano at
10:30am, Monday—Friday. Usually arrives at course 8:30-9:30am. Benny states he uses
money, punch cards, credit cards for payment. On May 3, he used a punch card. Benny
purchased one or two and Scot gave him one for Christmas and birthday. Benny states he
expects to pay for service. Benny states he did play golf and use a golf cart without
paying on May 3, 2005. He has played for free before when he was the head marshall, he
taught golf. Same for golf cart. On May 3, 2005, he failed to come back after getting golf
clubs. Benny states he is aware of keeping golf receipts when playing. Ms. Knox shows
Benny scorecard where it states requirements. Ms. Knox shows Benny sign at golf course
which states requirements as well. Benny states he wasn't familiar with it. Benny states
he did not pay for services on May 3, 2005. Benny states Bruce asked for receipt and
noted it would help Scot if he had it. Benny states he is aware Scot violated policies when
he allowed him to play without paying.
Pass the witness.
Mr. Perkins asks Benny if there was a scheme to steal money from City. Benny states no.
Benny states keeping receipt is a big concern but he does not carry it with him. He leaves
it in the car. Benny states he is an ex-police officer and served for 11 years.
Pass the witness.No further questions. Ms. Knox asks him to stay for rebuttal.
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Chairperson Farrar states it is 11:30 and the Board will break for lunch.
Chairperson Farrar reconvenes at 1:20pm
City Witness J.D. Batten was called. 4401 Old Brownsville Rd., has worked for 1-0 years
as Golf Course Maintenance Supervisor. Duties include making sure both courses are
maintained. Acknowledged knowing about not giving away free golf. Stated he isaware
of times when Scot did not arrive to work on time and golfers were waiting to play. It is
not policy to play then pay. States failing to collect fees impacts business. States they had
not been able to buy machinery for 3-4 years due to budget.
Pass the witness.
Mr. Batten states he doesn't have much interaction with the pro shop. He may have heard
about incident from Bruce.
No further questions.
Ms. Knox asks if a supervisor would be a role model if they stole from their employer—
Mr. Batten states no. Pass the witness.
Mr. Perkins asks Mr. Batten if other employees allow family members to pay later—Mr.
Batten states he is aware of policy where they must pay first. States he does not pay for
receipts. Mr. Battens states the sign at the course hasn't been up since at least January.
No further questions. .
City Witness Bart Ortiz was called. 4401 Old Brownsville Rd, Foreman of Gabe Lozano
Golf Course for 9 yrs. Started as irrigation tech., oversees ground maintenance. Recalled
several times when he contacted Bruce because no one was there to open the course.
States no one has authority to give free golf. States they've had several meetings where
supervisors stressed no free golf.
Pass the witness.
Mr. Perkins asks why he was included in meeting for free golf. Mr. Ortiz stated members
of maintenance would play free golf before he started. Mr. Ortiz states he heard from
golfers, marshals and employees why Scot was terminated.
No further questions.
City Witness Abel Sanchez was called. 5601 S. Alameda, Oso Golf Course, worked for 9
yrs for City as Foreman, maintaining golf course. Stated he'd been to several meetings
and was told those giving free golf would be terminated. States another employee at Oso
had been terminated for giving free golf.
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Pass the witness. •
Mr. Sanchez states he knows Scot gave away free golf due to his conversation with Bart.
States he works at Oso and knows Scot. States the course was losing money and now
revenues are up. This shows someone was giving free golf. States he doesn't think it's
due to more people playing golf. Mr. Sanchez states he noticed an increase in revenues
the last couple of months. His conclusion is that someone was giving free golf.
No further questions.
City Witness Sally Gavlik was called. 1201 Leopard, worked for 17 months as Director
of Parks & Recreation. The City had a contract with Bruce up to about 10 years ago.
Some policies were no longer in affect when this took place. Ms. Gavlik states the
courses were losing revenues before the video cameras were installed. The courses do not
receive revenues from City's general fund, so all operations expenses come from
revenues generated. Each course operates as separate fund. Free golf must be approved
through City Council. States free golf is theft and the employee should be terminated.
States a consultant was brought in to review golf courses.
City Exhibit 7—Report from National Golf Foundation was presented.
Sally states she received the report in June 2005.
Formal objection is noted by Mr. Perkins, heresay. He states he intends to use against
Sally.
City Exhibit 7 admitted as evidence.
Sally states the report stated there was more punch cards recorded than sold. Potential
revenue lost in 2004 was $66,000.
City Exhibit 8—Contemplated Action Letter was presented.
Sally states this was given to Scot and it was signed by Scot.
City Exhibit 8 admitted as evidence.
City Exhibit 9—Termination Letter was presented.
City Exhibit 9 admitted as evidence.
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Sally states Scot had a rebuttal hearing where Scot brought his father and mother to the
meeting where he stated is was his father's fault. He also stated the City should suspend
his father. Sally stated is was Scot's duty to collect money and it was his job. Scot
violated the City's Code of Ethics. City exhibit 2, code of ethics, is shown to Sally. Sally
stated special treatment was granted to his father, Benny. Sally stated Scot failed to obey
order of direction, he was incompetent in his performance of duties and he was
inefficient. He was also careless and negligent with City property. He made a false report
when he stated originally it was his father's fault. Staff told Sally Scot stated he had paid
for the golf. Sally stated she is working with Bruce as far as his supervisory skills. Scot
had received numerous training sessions not allowing free golf. Sally stated Bruce has
personal reasons for wanting Scot reinstated. Bruce has had to work weekends, holidays,
etc. Sally believes the termination was justified.
Pass the witness.
Mr. Perkins states reasons why Bruce Haddad should be terminated. Sally states Bruce is
going through the disciplinary process and that he did not steal. Sally states what has
been done in the 17 months she's been with the City (video cameras, studies, etc). Sally
states revenues were raised in that Gabe paid for itself and helped paid for Oso. Sally
states an employee was terminated for giving free golf at Oso. Mr. Perkins asks about the
rate of return in the study, which are the rain checks. Mr. Perkins asks about Scot's
performance evaluations. Sally points out all employees under Bruce have good
evaluations. Sally states that at the meeting with Scot, he stated he was sorry he let his
father play for free and that he did not collect the fees.
Pass the witness.
Ms. Knox states Scot was aware of his violation of the code of ethics in city exhibits 8 &
9.
Mr. Perkins asks if the City filed a complaint alleging the violations with the City ethics
commission. Sally states no.
No further questions.
Ms. Knox states no further witness.
Employee Witness Scot Davison was called. On May 3,2005, was working normal duties
at the golf course. Scot stated the video wasn't accurate for that day and that he wasn't
aware they were downloaded. Scot stated he didn't realize there was a problem until he
spoke with Bruce. He stated there was another employee working that morning before
him. He stated that normally he gives the customer a key and they go get their equipment
in the cart and that it isn't logged in unless they are playing. Stated there isn't a provision
which says not to give a key until they play. Scot stated the expense of the cart doesn't
begin until they go to play. Scot stated he did not allow his father to play for free. He
stated he was aware because of cameras, logs, etc. Stated he did not discuss his
termination with other witnesses called. Scot stated he did not allow his dad to work for
free. Scot stated he was popular at Gabe Lozano.
Pass the witness.
—
•
Scot stated he knew he should comply with procedures, be a role mode to those he
supervised, against policy to give away free golf, to collect fees before golfers played,
give receipts. Stated he does not grant special treatment to anyone. Stated he failed to
obey an order of direction not to give away free golf, assuming. Stated he did not give a
false report, and was not guilty of neglect of duty. Stated he only gave one answer when
confronted on May 3, 2005. Stated he is aware collection of fees are needed to maintain
the golf course. Stated he shouldn't be held accountable for his actions. Stated what he
did was wrong and that he should be disciplined but not terminated.
Pass the witness.
Mr. Perkins asks Scot what he did was wrong, providing customer service, no differently
than any other day. Keys are always issued before transactions take place. Scot stated his
dad came in the next day and had his punch card punched twice.
Pass the witness.
Scot stated he was a part-timer and made permanent in 1995.
Chairperson Farrar asks if Scot punched his father's punch card twice, Scot stated yes.
Chairperson Farrar states time of 2:23pm, recess until 2:30pm
Chairperson Farrar reconvenes at 2:35pm.
Employee Witness Michael Lundberg was called. Employed as Director of contracting
for three naval bases. Golfer for 20 yrs. Knows Scot by playing at Gabe Lozano course.
Mr. Lundberg states he seen people play before paying and doesn't think it's unusual. He
states he has done it himself. This happened with other employees, Aaron and Ronnie.
Pass the witness.
Ms. Knox asks if golf was paid for that same day when he played first, he stated yes. Mr.
Lundberg states he expects to pay for his golf and golf cart. States he saw a sign at the
course that states golfers must carry receipt, but had not seen it on the scorecard. Mr.
Lundberg is shown city exhibit 3,the scorecard for purposes of showing where it states to
carry the receipt. Stated he throws his receipt away.
Pass the witness.
Mr. Lundberg stated he does not know Scot personally.
No further questions.
Mr. Perkins states he has no other witnesses.
Ms. Knox states she has one rebuttal witness, Sally Gavlik.
Ms. Knox ask for the log the department keeps when someone purchases the punch cards.
City Exhibit 10—Punch Card Log was presented.
Ms. Gavlik states that it is for Gabe Lozano only, from 2001-present. Ms. Gavlik states
entries made at time punch cards were purchased.
Mr. Perkins questions time when punch cards are punched. Sally states she is not the
custodian of the records. They are kept at the golf course, making Bruce Haddad
responsible for the complete copy.
Mr. Perkins states they are heresay, objects.
Chairperson Farrar states one page of these records were already admitted by Mr.
Perkins.
City Exhibit 10 admitted as evidence.
According to log, Sally states Scot purchased one punch card and two for Benny. May 4,
2005 is when Benny purchased another card, same day he came in to pay for two rounds
of golf.
Pass the witness.
Sally states the person's name is that one on the log who purchased the card. Mr. Perkins
questions the log.
No further questions.
Chairperson Farrar asks where the log is kept. Sally responds that it is kept at the golf
course. The entire log is in the book. Bruce Haddad brought the log from the golf course.
At this time, Ms. Knox is searching for Bruce's cell number to question him again.
Mr. Perkins asks if both courses issue cards. Sally states yes but they must be used at the
course they were purchased at. Mr. Perkins asks Sally if she is aware they are using them
at the other course. Sally states no.
No further questions.
Ms. Knox begins summation- it has been found Scot allowed his father to play and use a
cart on May 3, 2005 for free. Bruce Haddad questioned Scot and Scot stated he wasn't
aware his father played for free. This is theft, even once cannot be tolerated. Ronnie
stated the video cameras were installed because problems had come to light. Scot was
responsible for supervising staff and collecting fees. He was expected to be a role model
for staff. Dept policy is no free golf. Golfers are aware they must carry their receipts.
Scot was the only person working at time his father was there. The video did not show a
busy pro shop on that morning. Benny paying for the golf the next day does not excuse
the theft. The City has terminated other employees who have stolen city property or
services. We ask that you uphold the termination
Mr. Perkins summation — Scot worked for City for 19 years, 14 full time, unblemished
performance evaluation. Scot acknowledged mistakes. This was a round of golf paid for
the next day along with the cart. The mistake was paid for and the City terminates Scot.
Theft is intentional. There was no attempt here. Scot knows the video was there and the
logs. He states this was an oversight. There is no consideration for his service, loyalty and
training from Sally. Mr. Patel edited the video, records. This borders on slander. This is at
most neglect from Scot. The maximum was handed down instead of demotion, dock of
pay, etc.
Ms. Knox asks for rebuttal of Bruce Haddad.
Chairperson Farrar would like to clarify that the log is kept at the golf course. Bruce
states correct. Bruce states cards are numbered differently and numbers are different. He
brought it after lunch from the golf course.
Mr. Perkins asks if there is a separate set of logs. Bruce states no. The log contains
monthly, coupon and driving range cards. Bruce states the cards were implemented,
according to log, to 2000. They may have been used before this. Bruce states they are in
file at the golf course. Mr. Perkins asks if there is another set at Oso, Bruce states yes.
Bruce states you can use cards at both courses, the punch card and monthly at either.
Driving range cannot because there is no range at Oso.
No further questions.
Chairperson Farrar states it is 3:15pm and the Board will go in to closed session.
Chairperson Farrar states it is 4:05pm and the Board is out of closed session.
Item #2 on agenda: Review and consider termination on Scot Davison, Parks &
Recreation Department, Asst. Golf Professional.
After careful review of the testimony that has been presented, I find evidence of failure to
collect fees that implies serious impropriety in carrying out job duties. I feel that the time
that has been spent unemployed is punishment enough. Therefore, I move that Scot
Davison be reinstated without back pay. I recommend that the City consider reassigning
Mr. Davisoin to the OSO golf course to offer him a fresh start.
Chairperson Farrar: do I hear a second?
Member Silvas: I second.
Chairperson Farrar: all in favor? Silvas: I. Farrar: I. Moncada: I.
Item #3 on agenda: Discuss proposal to set Civil Service Hearings on a regular
basis.
Mr. Perkins states they will excuse themselves and get back with their decision.
Ms. Knox states the City needs clarification.
Sally states he will start tomorrow.
Chairperson Farrar addresses Item#3.
Cynthia recommends we do so. The Civil Service hearing
Sally states Scot needs to report to Gabe for the rest of the week and start at Oso next
week.
Cynthia states the Civil Service Hearing Rules states we need to hear them within 20
days of filing appeal. If there is a set date each month, it will already be on schedule.
Ms. Knox proposes 2nd or 3rd Thursday of the month.
Cynthia asks board to think about a date. It will be put on the next agenda.
Member Silvas states he will check schedule.
Chairperson Farrar adjourns.
Cynt a C. Garcia, Secretary Cydney F. Chair
Civil Service Board Civil Service Boar
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Jose Moncada, Member Jo 4'. Silvas, Memb
Civil Service Board Ci , Service Board