HomeMy WebLinkAboutMinutes Civil Service Board - 11/13/2009 RECEIVED
MINUTES JAN
545th CIVIL SERVICE BOARD HEARING 2 7 2011
1201 LEOPARD ST.,CITY HALL
BASEMENT TRAINING ROOM CITY SECRETARY'S OFFICE
November 13,2009
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,
Deanna Galan,H.R. Analyst
Chairperson Silvas called the 544th Civil Service Board hearing to order at 9:03 a.m. and
passes on Item#1.
ITEM #1: Review and approve the minutes of the 541St, 542nd 543`d, and 544th Civil Service
Board hearing held on April 9, 2009, August 18, 2009, September 3, 2009, and October 26,
2009.
ITEM #2: Review and consider the 2 day suspension of Miguel Rivera, Street Maintenance
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. Knox-Walker objected to witnesses listed pasted the deadline. Member
Bonilla states the rules do not specify a specific timeframe in which they need to be listed,
allowed witnesses.
Opening statements were made by Asst. City Attorney Jennifer Knox-Walker, Asst. City
Attorney. Mr. Rivera was suspended for engaging in discriminatory and harassing conduct.
towards employees working under his supervision.
Charles Smith,representative for Mr.Rivera, gave opening statement.
The city called Christopher Jones as first witness. Mr. Jones testified he worked for Street
department as a sr. equipment operator.
The city called Surleslie Hall as their next witness. Mr. Hall was a temporary employee for the
Street department.
The city called Andy Leal as their next witness. Mr. Leal is the Asst. Director of Stormwater
and Street Services.
SCANNED
The city called Valerie Gray as their next witness. Ms. Gray is the Director of Stormwater and
Street Services.
The city called Bridgette Dorsey as their next witness. Ms. Dorsey is an equipment operator.
The city called Corina Saenz as their next witness. Mrs. Saenz worked in Human Resources
and investigated the allegations against Mr.Rivera.
The City exhibits entered as evidence:
#1 —Contemplated Disciplinary Action letter
#2--Civil Service Board letter
#3 —Org chart
#4—Job Description
#5—Investigation Report
#6—City Policy HR 26.0 Harassment Complaint Policy
#7—Acknowledgement form from HR 26.0
#8—City Policy HR 27.0 Discrimination and Retaliation Complaint Policy
#9—Acknowledgment form for HR 27.0
#10—Training Summary
•
The city rests. Asst. City Attorney Knox-Walker asked for a break at 1:57. The hearing
resumed at 2:38 p.m.
Charles Smith called Carl Miniex. City objects to testimony, Mrs. Knox-Walker states
employee wasn't working for street department and he testimony isn't relevant. Charles Smith
states Mr. Miniex will testify to Mr. Rivera's character. Chairperson Silvas allows testimony.
Carl Miniex testified to Mr. Rivera's testimony and the number of years he's known Mr.
Rivera.
C. Smith called Hector Moreno as next witness. Mr. Moreno states he worked at the Street
department as a laborer and has worked with Mr. Rivera.
C. Smith called Mario Rivera as next witness. Mr. Rivera stated he worked as a laborer at the
Street department and Mr. Rivera is his supervisor.
C. Smith called Mike Schneider as next witness. Mr. Schneider worked at the Street
department as a Sr. Street Foreman.
C. Smith called Richard De Leon as next witness. Mr. De Leon worked at the Street
department as a Sr. Street Foreman.
C. Smith called Miguel Rivera as next witness. Mr. Rivera worked at the Street department as a
Junior Foreman.
Employee exhibits entered as evidence:
#1 -Employee Performance Appraisal
Asst. City Attorney Knox-Walker called Andy Leal on rebuttal. Mr. Leal testified to dates
when Mr. Rivera was promoted to Street Maintenance Foreman and testified to the job duties
Mr. Rivera would have undertaken.
Asst. City Attorney Knox-Walker gave city's closing statement.
Mr. Smith gave closing statement for Miguel Rivera.
Chairperson Silvas stated it was 4:16 p.m. and the board went into closed session.
Chairperson Silvas stated it was 4:40 p.m. and the board returned from closed session. Member
Bonilla made a motion to overturn the suspension of Miguel Rivera and compensate him.
Chairperson Silvas second the motion.
Andy Leal asked the board why the suspension was overturned. Chairperson Silvas stated the
board didn't think the city proved beyond what they consider to be reasonable doubt that he
was guilty of what he was charged with.
Chairperson Silvas stated the remaining item to review(minutes) will be put off until the three
board members are all present.
Chairperson Silvas adjourned the meeting at 4:42 pm.
John P. Silvas,Chairperson Eileen Butler,Vice-Chairperson
Civil Service Board Civil Service Board
Susanne Bonilla, Member Cy6144:->eles
a C. Garcia, Secretary
Civil Service Board Civil Service Board