The URL can be used to link to this page

Home My WebLink AboutMinutes Civil Service Board - 06/27/2008 MINUTES RECEIVED 539TH CIVIL SERVICE BOARD MEETING 1201 LEOPARD ST.,CITY HALL FEB 1 2010 HUMAN RESOURCES DEPARTMENT June 27, 2008 CITY SECRETARY'S OFFICE BOARD MEMBERS PRESENT CITY STAFF PRESENT John P. Silvas,Member Cynthia C. Garcia,Director of Eileen Butler,Member Human Resources Jennifer Knox-Walker,Asst. City Attorney Debbie Marroquin,Director of Gas Operations Deanna Galan,Human Resources Analyst Chairperson Silvas states it is 9:03 a.m., and calls the 539th hearing to order. Two, items on the agenda: Item#1 Review and approve the minutes of the 538th Civil Service Board hearing held on May 14,2008. Vice -Chairperson Butler makes motion to accept the minutes. Chairperson Silvas seconds motion. Chairperson Silvas reads the next item on the agenda: Item#2 Review and consider the 5 day suspension of Maria Gonzalez, Gas Construction Technician, Gas Department. Ms. Knox-Walker asks that the rule be invoked. Chairperson Silvas explains what this means and invokes the rule. Ms. Knox-Walker states this involves a offensive conduct and/or offensive conduct. Ms. Gonzalez was issued a 5 day suspension on January 28,2008 for violating the Civil Service Board Rules and Regulations. On or about 10/11/07, Ms. Gonzalez was working at the Gas Department. Co-worker Nora Najera asked Ms. Gonzalez to clean and organize the cab of the city vehicle. Ms. Gonzalez didn't respond to Ms. Najera who then supervisor, Martin Villagomez told about her concerns. Ms. Gonzalez then went to Ms. Najera and stood about 2 %feet from her and pointed her finger about 5 inches from her face.Ms. Gonzalez stated Ms.Najera wasn't her boss and could not tell her what to do as her spit hit Ms. Najera in the face. Mr. Villagomez intervened. Ms. Najera stated she felt threatened.This is not the first incident where Ms. Gonzalez was disciplined for offensive conduct. On or about 1/8/99, Ms. Gonzalez received 2 letters of counseling, 9/12/03 received letter of reprimand, 11/22/04 issued 3 day suspension. Maria Gonzalez states she wasn't interviewed for this latest discipline. Representative Dionicio Torres asks what Nora's position was that day on the crew. Jennifer states she was a co-worker and states this is opening. Chairperson Silvas states this is the time for opening statements. City witness#1: Nora Najera Ms.Najera:works at CC Depot. Worked at Gas department with Maria Gonzalez. SCANNED . Ms. Knox-Walker—City exhibit#1 Ms.Najera—statement from incident on 10/11/07. • 1 Exhibit entered as evidence Ms.Najera—states the mess in the truck and had safety concerns and states she tried to ask Ms. Gonzalez to clean the mess she made. States she asked Martin to handle the situation. States Ms. Gonzalez's finger was very close to her face. States Ms. Gonzalez displayed offensive conduct toward her on 10/11/07. D.Torres—Asks how long Ms.Najera worked for the City and if she was a full time employee on 10/11/08. Ms.Najera states Joe Garana was also there working on the back hoe and that Martin heard the conversation. Ms.Naj era states she never had arguments with Maria before that day. Stated she had a conflict with Orlando Herrera for sexual harassment. Chairperson Silvas states if information D. Torres has information to present that didn't happen on 10/11/08,the Board will not accept it. D. Torres—states this woman attacked Ms. Gonzalez.Asks Ms.Najera asked who made the mess. Ms.Najera states she did not make the mess and offers to take a polygraph. Ms. Knox-Walker—asks Ms.Naj era if it was after she asked Ms. Gonzalez to clean the mess then went to ask for help from Martin. Ms.Najera said yes. Ms.Najera is excused. City witness#2: Martin Villagomez Mr. Villagomez:worked with city for 5 years. Supervised Nora and Maria and was working on 10/11/07 and is familiar with incident on that day,witnessed the incident and was present during entire incident and wrote statement. Ms. Knox-Walker—City exhibit#2 Mr. Villagomez—statement from incident on 10/11/07. Exhibit entered as evidence Mr. Villagomez states Maria was aggressive and instigated the incident, standing close, about 2 feet from Ms.Najera and Maria's finger was near her face. Ms. Gonzalez's actions were threatening and Ms. Najera did not order Ms. Gonzalez to clean the truck. Joe Garana was there but was not a witness to the incident. Ms. Gonzalez as trying to intimidate and he felt he had to intervene. He thought it would be best to separate. States Ms. Gonzalez's conduct interfered with operations. Ms. Gonzalez's conduct caused him concern,didn't want anyone to get hurt. States it is constantly happening. D. Tones—asks Villagomez how far he was from beginning.Villagomez states from beginning he was 20 ft away but knows Ms. Gonzalez started the situation. Ms. Gonzalez approached both Villagomez and Najera as Najera brought up the situation to him. Gonzalez overheard them talking. Villagomez states he was the one who told Maria to clean up the mess. Villagomez states Gonzalez came to him and Najera when they were talking.Villagomez states Gonzalez stated Najera is not her boss, do not tell her what to do,pointing her finger in Najera's face. D. Torres—no further questions. Knox-Walker—no further questions. —City witness#3: Debbie Marroquin Debbie Marroquin–4225 S.Port,worked for city over 23 years. Ms.Knox-Walker–City exhibit#4 Exhibit entered as evidence Debbie Marroquin – Contemplated Disciplinary Action letter for Maria Gonzalez. Ms. Gonzalez and Ms. Najera were at the job site and had a confrontation, Marty Villagomez was there. Ms. Gonzalez was given the opportunity to meet with me. Ms. Knox-Walker-City exhibit#5 Exhibit entered as evidence Debbie Marroquin– Letter to Civil Service Board– 5 day suspension for Maria Gonzalez. States the Gas dept. utilizes the city's progressive discipline and Ms. Gonzalez has been previously discipline. City exhibit#6 City exhibit#7 Exhibit entered as evidence Debbie Marroquin–2 letters of counseling. States Ms. Gonzalez's conduct interferes with the Gas department operations and states her conduct violated the rules and regulations and the 5 day suspension is justified. D.Torres--on incident was an investigation reported, 10/11/08. Ms. Marroquin–statements were gathered,prior history, contemplated letter,rebuttal hearing,and decided to proceed with discipline. D. Torres–did anyone call Maria for information before she was disciplined? Ms.Marroquin–states she read the statements,didn't talk to Maria. D.Torres–were there any complaints about Nora? Ms. Marroquin–no complaints about Nora about offensive remarks to Maria. D. Torres–states statements were submitted to HR about the ongoing problems with Nora. Cynthia Garcia– states we'll ask Corina about statements because she would have knowledge if she ever saw these statements. Ms. Gonzalez–states she was never called for a statement about the incident with HR. Chairperson Silvas–the purpose of these letters from D. Torres? D.Torres–states Ms. Gonzalez was being attacked by Nora on a daily basis. Chairperson Silvas –will wait on admitting the evidence presented by D. Torres to see if HR has any information. Ms.Knox Walker—City exhibit#10 Entered as evidence Ms. Marroquin — rebuttal hearing statement on 1/9/08 received information from Ms. Gonzalez that contained prior allegations. City witness#4: Corina Saenz Corina Saenz — worked for 22 %2 years. Conducted investigation of Ms. Gonzalez. Finding was incident had happened between Ms. Gonzalez& Ms. Najera. States Ms. Gonzalez wasn't called to meet with her because the statement was sufficient for the investigation. Ms.Knox-Walker—shows exhibit#10,rebuttal statement from Ms. Gonzalez Corina Saenz—states she hasn't conducted any investigations on Ms.Najera. D. Torres — asks why she didn't talk to Ms. Gonzalez and only 2 other people (Najera & Villagomez). Ms. Saenz— states she looks at the information available and if it's sufficient she doesn't need to talk to anyone else. City exhibit#11 Entered as evidence Ms. Saenz - this is the document involving Ms. Gonzalez's statement, dated 10/11/07. States the } statement was enough for investigation. City rests. D. Tomes—Ms. Gonzalez will be only witness. Ms. Gonzalez—states only she and Ms. Najera were there, not Villagomez. Ms.Najera was loud and told her to clean the truck. States everyone is supposed to clean the truck in the morning. The driver checks the fluids and everyone else cleans the truck and supplies the truck in the morning. D. Torres—states they do not argue what happened that day. States there were other incidents that happened that weren't addressed. States incidents were reported to her supervisor. Ms. Gonzalez—states Ms.Najera ordered her to clean the truck and used vulgar language. States when she talks sometimes she spits,but not on purpose,there was no way in could reach her. Ms. Knox-Walker—closing arguments. D. Torres—states there were no witnesses,Ms. Gonzalez did not spit in her face or was not threatening and was never called to explain the incident during the investigation. Chairperson Silvas, 11:02 am—closed session. 1 Chairperson Silvas, 11:58 am—Back from closed session. , . Vice-chairperson Butler makes motion that suspension be reduced to written reprimand to document the incident did occur. Chairperson Silvas seconds the motion. •\ Jo t P. Silvas, airperson Eileen Butler,Vice-Chairperson Civil Service Board Civil Service Board Cynthia C. Garcia, Secretary Civil Service Board )