HomeMy WebLinkAboutMinutes Civil Service Board - 09/22/1999 MINUTES
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4911 CIVIL SERVICE BOARD MEETING
1201 LEOPARD ST., CITY HALL
HUMAN RESOURCES CONFERENCE ROOM
September 22, 1999
BOARD MEMBERS PRESENT CITY STAFF PRESENT
Andrew Lehrman, Chair Cynthia C. Garcia, Director
Diana Martinez, Vice-Chairperson Human Resources Department
Rixio E. Medina,Member Alex Lopez,Asst. City Attorney
The 491st Civil Service Board meeting was called to order at 8:35 a.m.
Item# 1: Review and approve the minutes of the 490th Civil Service Board meeting
held on September 8, 1999. Vice-Chair Martinez made a motion that the
minutes be approved. Member Medina seconded the motion and it passed.
Item#2: Review and consider the appeal of 3 day suspension filed by Ralph Cantu,
Street Foreman
All witnesses were sworn in.
Employee Representative Buck Sosa invoked the rule.
Employee Representative Buck Sosa asked for copies of the Civil Service Board Rules &
Regulations, the City's Violence in the Workplace policy and the Whistleblowers Act.
- The City provided copies of the Civil Service Board Rules and Regulations and the City's
Violence in the Workplace policy.
Alex Lopez, Assistant City Attorney made opening statements on behalf of the City.
Employee Representative Buck Sosa made opening statements on behalf of Ralph Cantu,
Street Foreman.
City Witness Enrique Elizondo, Laborer - Mr. Elizondo requested an interpreter. The
City provided Rosina Vega, Human Resources Technician.
City Exhibit#1 —Employee Incident Report— Oral statement of Enrique Elizondo as told
to Nick Lopez, admitted into evidence.
Ms. Vega interpreted City Exhibit 1 for Mr. Elizondo. Mr. Elizondo gave his testimony
and it was interpreted by Ms. Vega. Discussion on interpretation of curse words and the
meaning of verbal interaction. Mr. Sosa asked for a translation of the verbal interaction
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between Mr. Cantu and Mr. Elizondo. Further questions regarding the incident that
occurred on the radio by Mr. Elizondo and which Mr. Cantu reported. Testimony
regarding the relationship between Mr. Elizondo and Mr. Cantu,to include past incidents.
Employee Exhibit #1 — Use of Offensive Language on Two-Way Radio memorandum
from Joe Obregon to Street Operations Supervisors dated May 5, 1998, admitted into
evidence.
Mr. Sosa asked for a clarification that Mr. Cantu issued the incident report for offensive
language to Mr. Elizondo the day prior to the incident in question.
Mr. Lopez was questioned as to if he was disciplined.
City Exhibit #2 (A) — Letter of Reprimand to Enrique Elizondo from Barbara Stover
dated March 17, 1999. Exhibit was withdrawn and later was admitted into evidence.
Discussion regarding discipline issued to Mr. Elizondo. Ms. Martinez asked what time of
day incident occurred. Mr. Elizondo responded that it occurred at about 7:30 a.m. Mr.
Lehrman asked for clarification on offensive language cited in Mr. Cantu's Contemplated
Disciplinary Action dated 3/17/99. Ms. Vega had trouble interpreting offensive
language. Cynthia C. Garcia, Director of Human Resources interpreted the offensive
language.
City Witness Humberto Cabrera — Testimony regarding incident on 2/4/99 and a
language interpretation to include a definition of various curse words. Mr. Cabrera stated
there was a verbal interaction between Mr. Elizondo and Mr. Cantu and that he heard
verbal curse words both ways. Mr. Cabrera testified that Mr. Nick Lopez asked him to
write his statement. Mr. Lehrman asked for clarification on the date the incident
occurred. The two exhibits state 2/3/99 and the Contemplated Letter states 2/4/99.
City Exhibit 2 (B) Witness statement written by Humberto Cabrera referrencing
February 3, 1999, admitted into evidence.
City Witness Ovidio Leal—Testimony regarding incident. The ladies present were asked
to leave the room so the witness could testify as to the curse words. Discussion on the
incident and the verbal altercation between Mr. Elizondo and Mr. Cantu. Testimony that
Mr. Leal heard Mr. Cantu curse but did not hear Mr. Elizondo.
City Exhibit #3 — Typewritten statement made by Ovidio Leal as told to Nick Lopez,
dated February 11, 1999, admitted into evidence.
City Witness Nicanor Lopez, Sr. Foreman, Acting Safety Coordinator, Street Department
—Testimony regarding Mr. Elizondo's incident on cursing on two-way radio, reported by
Mr. Cantu. Told Mr. Elizondo not to discuss or speak with Mr. Cantu. He was told that
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September 22,1999
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Mr. Cantu and Mr. Elizondo had a verbal altercation in the yard. Testimony that the
radio incident occurred 2/3/99 and the cursing incident occurred 2/4/99.
Employee Exhibit#2—Dated 2/3/99, "Attention Nick Lopez"by R.M. Cantu
City Exhibit#4—Dated 2/3/99, "Attention Nick Lopez"by RM. Cantu
Mr. Lopez had additional testimony regarding conflicts between Mr. Elizondo and Mr.
Cantu.
Employee Exhibit#3 —City Violence in the Workplace Policy, HR21.0.
Both sides admitted that a statute of the Whistleblowers Act exists and stipulated as such.
Mr. Sosa stated that an employee who "blows the whistle" should have all protections
and guidance of management. Mr. Lopez said he received Employee Exhibit#2, not City
Exhibit#4.
City Witness Barbara Stover, Wastewater Collection Systems Superintendent — At time
of incident, Ms. Stover was the Acting Street Superintendent. — Discussion regarding
contemplated rebuttal hearing that had to be rescheduled because Mr. Cantu had a
representative and Ms. Stover clarified-appropriateness of representative at rebuttal
hearings.
City Exhibit#5 —Contemplated Disciplinary Action to Ralph Cantu from Barbara Stover
dated 3/17/99.
City Exhibit #6 — Civil Service Board letter suspending for 3 days, Ralph Cantu, dated
March 23, 1999, admitted into evidence.
Discussion regarding rebuttal hearing. Testimony regarding difference of discipline for
Mr. Elizondo and Mr. Cantu. Ms. Stover explained she recommended 3 day for Mr.
Cantu because he is a supervisor and he is expected to set an example to the employees
and not engage in this behavior.
Mr. Sosa questioned if the City policy on Violence in the Workplace, the Department
policy on Offensive Language on Two-Way Radios and the Whistleblowers Act were
used in determining the discipline. Testimony regarding incident and reasons for the
level of discipline.
Employee Exhibit #4 — Ralph Cantu Incident Report. - City objected and Lehrman
sustained and it was not admitted into evidence.
The City Rests.
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September 22,1999
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Employee Witness Max Serrata— Testimony regarding Max Serrata's knowledge of the
incident. Mr. Serrata stated he was not aware of the prior incident. Mr. Serrata stated he
does not discuss reprimands with employees.
Employee Witness Raphael M. (aka: Ralph) Cantu - Employee apellant — Testimony
regarding his version of events that occurred on or about 2/3/99. Mr. Cantu testified that
Mr. Elizondo cursed him and initiated the verbal altercation. He stated the incident report
was rephrased and now read as if he was the culprit. Mr. Cantu stated that Mr. Elizondo
struck at him (not with the intention tostrike) and that he closed his arms and did not
react to the verbal assault.
Employee Exhibit #5 — Employee Incident Report, Enrique Elizondo dated 2/3/99,
admitted into evidence.
Employee Exhibit#6—objection, sustained, not admitted into evidence.
The Employee Rests.
Alex Lopez, Assistant City Attorney, gave a closing statement for the City. Buck Sosa,
representative, gave a closing statement for Ralph Cantu.
The Civil Service Board recessed into closed session at 12:29 p.m. and reconvened at
12:38 p.m
Vice-Chairperson Martinez made a motion to uphold the suspension, but to reduce it
from a 3-Day suspension to a %2 Day suspension. Member Medina seconded the motion
and it passed.
The Civil Service Board instructed the City to investigate their cases thoroughly and
recommends the City better address issuesof sensitivity. The employeeclarified re-
payment of his lost wages. The Board instructed the City to reimburse Mr. Cantu for two
and one half(2 %2 days wages).
With no further business,the Board adjourned at 12:43 p.m.
Cynthia C. Garcia, Secretary Andrew Lehrman, Chairperson
Civil Service Board Civil Service Board
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Civil Servic- Board • Civil Service Board
CS/1999 CSB/MINUTES 491