HomeMy WebLinkAboutMinutes Civil Service Board - 10/26/2009 REQEIVED
MINUTES
544th CIVIL SERVICE BOARD HEARING JAN 2 7 2011
1201 LEOPARD ST.,CITY HALL
BASEMENT TRAINING ROOM CITY SECRETARY'S OFFICE
October 26, 2009
BOARD MEMBERS PRESENT: CITY STAFF PRESENT:
John P. Silvas,Chairperson Cynthia C. Garcia, Director of
Susanne Bonilla,Member Human Resources
Jennifer Knox-Walker,Asst. City
Attorney
Valerie Gray,Director,
Sylvia Garcia, H.R. Analyst
Chairperson Silvas called the 54e Civil Service Board hearing to order at 9:04 a.m, and
passes on Item#1.
ITEM #1: Review and approve the minutes of the 541St, 542nd 543rd and Civil Service Board
hearing held on April 9,2009,August 18,2009, and September 3, 2009.
ITEM #2: Review and consider the termination of Richard De Leon, Sr. Street Foreman,
Storm Water and Street Operations.
All witnesses present were given the oath and the meaning of invoking the rule was explained
by Chairperson Silvas.
Opening statements were made by Asst. City Attorney Jennifer Knox-Walker. Mr. De Leon
was terminated for discriminatory conduct towards employees working under his supervision.
Charles Smith represented Mr. Deleon and gave opening statement.
The City called Christopher Jones as first witness. Mr. Jones testified he worked for Street
department as a sr. equipment operator
City exhibit#1-written complaint by Mr. Jones.
(Cannot hear Mr. Smith)
Chairperson Silvas stated hearing will break for lunch 10:28 a.m. and will reconvene at
11:30a.m.
Chairperson Silvas resumed hearing at 11:32 a.m.
SCANNED
1 ,
The City called Bridgette Dorsey as witness. Dorsey worked on Mr. De Leon's crew and was
hired as equipment operator.
The City called Corina Saenz as witness. Ms. Saenz conducted the investigation involving Mr.
• Jones.
(Recording ends abruptly)
Chairperson Silvas resumed hearing at 12:47 p.m. -back from break
Ms. Saenz continued her testimony.
(Mr. Smith states something but it is not clear on the recording)
The city called Valerie Gray as the next witness. Ms. Gray stated she came under direction of
the department after the investigation and she believes the termination was justified.
City exhibits entered as evidence:
#1 --Statement from Christopher Jones
#2—Investigation report
#3—City policy HR 26.0 Harassment Complaint Policy
#4—Acknowledgment form for HR 26.0
#5 —City policy HR 27.0 Discrimination and Retaliation Complaint Policy
#6—Acknowledgment form for HR 27.0
#7—Training summary
#8—Contemplated Disciplinary Action letter
#9—Civil Service Board letter
#10—Job Description
City rest their case.
Mr. Smith called Eddie Moore as a witness. Mr. Moore stated he worked under Mr. De Leon's
supervision.
Mr. Smith called Mike Rivera as a witness.
Mr. Smith called Michael Schneider as a witness. Mr. Schneider stated he was a Sr. Street
Foreman.
Mr. Smith called Richard De Leon as a witness.
Employee exhibits entered as evidence:
#1 —Performance Appraisal form
#2—Performance Appraisal form
Asst. City Attorney Knox-Walker gave closing arguments.
c .
Mr. Smith gave closing arguments.
Chairperson Silvas stated it was 4:52 p.m. and the board went into closed session.
Chairperson Silvas stated it was 5:40 p.m. and the board returned from closed session. Member
Bonilla made a motion to reinstate Richard De Leon without back pay and Chairperson Silvas
second the motion.
Chairperson Silvas stated the remaining item to review(minutes) will be put off until the three
board members are all present.
(Recording ending without hearing time meeting was adjourned)
John P. Silvas, Chairperson Eileen Butler,Vice-Chairperson
Civil Service Board Civil Service Board
Susanne Bonilla, Member Cynt is C. Garcia, Secretary
Civil Service Board Civil Service Board