HomeMy WebLinkAboutMinutes Civil Service Board - 09/08/1999 MINUTE
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4901 CIVIL SERVICE BOARD MEETING
1201 LEOPARD ST., CITY HALL
HUMAN RESOURCES CONFERENCE ROOM
September 8, 1999
BOARD MEMBERS PRESENT CITY STAFF PRESENT
Diana Martinez, Vice-Chairperson Cynthia C. Garcia, Director
Rixio E. Medina, Member Human Resources Department
Alex Lopez, Asst. City Attorney
The 490th Civil Service Board meeting was called to order at 8:33 a.m.
Item# 1: Review and approve the minutes of the 489th Civil Service Board meeting
held on July 23, 1999. Member Medina made a motion that the minutes
be approved. Vice-Chair Martinez seconded the motion and it passed.
Item#2: Review and consider the appeal of 3 day suspension filed by Michael
Ward, Laborer.
All witnesses were sworn in. Vice-Chair Martinez asked Mr. Lopez if he was going to
invoke the rule. Mr. Lopez declined.
Mr. Lopez made opening statements for the City.
Michael Ward made his opening statements.
City Witness Joe Saenz, Equipment Operator—Testimony regarding incident on 8/10/99.
City Exhibit 1 —Joe Saenz' Incident Statement dated 8/10/99—admitted into evidence.
City Exhibit 2 —Joe Saenz' Incident Statement dated 8/12/99—admitted into evidence.
Further testimony concerning discussion andverbal altercation between Hector Martinez
and Michael Ward.
City Witness Phillip Reed, Laborer—Testimony regarding incident on 8/10/99.
City Exhibit 3 —Phillip Reed's Incident Statement (no date)—admitted into evidence.
City Witness Ernest Ramirez, Laborer(Crewleader)—Testimony regarding incident on
8/10/99.
SCANNED
'r iviinutes of the 490th Civil Service Board
September 8,1999
Page 2
City Exhibit 4-Ernest Ramirez' Incident Statement dated 8/13/99 admitted into
evidence.
Testimony regarding interaction between Hector Martinez and Michael Ward. Mr.
Ramirez witnessed hand gestures and a verbal altercation between the two employees.
Mr. Ramirez recalled incidents that occurred on the date in question as well as other
similar incidents in the field.
City Witness Hector Martinez, Foreman- Testimony regarding incident on 8/10/99.
•
City Exhibit 5 - Hector Martinez Incident Statement dated 8/13/99 - admitted into
evidence.
The Civil Service Board recessed at 9:25 a.m. and reconvened at 9:30 am
Mr. Hector Martinez gave testimony regarding incident on 8/13/99 He provided a
clarification of events and expressed concern about his personal safety and Mr. Ward's
hand gestures during the incident. Mr. Martinez recounted Mr. Wards cursing at him
during the incident.
Mr. Ward questioned Mr. Martinez' supervisory skills and his personal drinking habits.
He asked for clarification regarding the events.
City Witness Valerie Gray, Storm Water Superintendent- Ms. Gray provided testimony
regarding the City's process for internal investigations, as well as her role in the
department. She expressed concern that Mr. Ward had made numerous verbal
accusations against employees of the City regarding violations, but had never put any
complaint forward in writing. Further, she explained that his accusations were always in
the context of justification for his actions for a given incident. She made her decision to
suspend Mr. Ward based on prior disciplinary history as well as the numerous Incident
Statements provided to her by the employees that witnessed the events in the field.
City Exhibit 6 - Contemplated Letter issued to Michael Ward from Valerie Gray dated
12/3/99 - admitted into evidence. Mr. Lopez noted a correction on the dates on the
Employee Contemplated Letter.
City Exhibit 7--Acknowledgement Form for Michael Ward-Violence in the Workplace
Policy dated 4/11/96-admitted into evidence.
City Exhibit 8 - City Policy HR 21.0 Violence in the Workplace Policy dated 2/8/96 -
admitted into evidence.
City Exhibit 9 - Civil Service Board Letter issued to Michael Ward for a 1 Day
Suspension dated 6/8/98-admitted into evidence.
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minutes of the 490th Civil Service Board
September 8,1999
Page 3
Ms. Gray stated that Mr. Ward refuted the allegations, but did not provide any response
in writing. Further clarification from Ms. Gray about the incident.
City Exhibit 10 — Civil Service Board 3 Day Suspension to Michael Ward dated 12/9/98
—admitted into evidence.
Ms. Gray outlined her expectation of employees and her department's responsibility for
training and performance.
Michael Ward, appellant gave testimony regarding his service to the City.
Mr. Lopez questioned Mr. Ward regarding his testimony.
The City gave a closing statement.
Mr. Ward gave a closing statement.
The Civil Service Board recessed into closed session at 11:03 a.m. and reconvened at
11:11 a.m.
Member Medina made a motion to deny Michael Ward's appeal of his 3 Day Suspension.
Vice-Chair Martinez seconded the motion and it passed.
With no further business,the Board adjourned at 11:13 a.m.
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C thia C. Garcia, Secretary Andrei Lehrman, Chairperson
Civil Service Board Civil Service Board
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D • • •r Inez, Vice-C ►-rson Rixio ; Medina, Member
Civil Service Board Civil Service Board
CS/1999 CSB/MINUTES 490