HomeMy WebLinkAboutMinutes Civil Service Board - 11/29/1999 MINUTES
492nd CIVIL SERVICE BOARD MEETING
1201 LEOPARD ST., CITY HALL
HUMAN RESOURCES CONFERENCE ROOM
November 29, 1999
BOARD MEMBERS PRESENT CITY STAFF PRESENT
Andrew Lehrman, Chair Cynthia C. Garcia,Director
Diana Martinez, Vice-Chairperson Human Resources Department
Rixio E.Med' ember Alex Lopez, Asst. City Attorney
Norbert Hart, Director of HCD
The 4ast Civil Service Board meeting was called to order at 5:33 p.m.
Item# 1: Review and approve the minutes of the 4,9eCivil Service Board meeting
held on September 22, 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 Adalberto
Palacios, Electrical Inspector I.
All witnesses were sworn in.
Employee Representative Wade A. Way, Attorney, invoked the rule.
City Witness Danny Hale, Plumbing &Mechanical Inspector II—Mr. Hale was questions
regarding the incident of 8/13/97. Mr. Hale testified he observed a verbal and pushing
conflict between David Lewis and Adalberto Palacios. Mr. Hale said he separated the
two individuals. Further discussion. Mr. Way questioned Mr. Hale as to the order of
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events of the incident.
Employee Exhibit 11 —Memo dated 8/13/97 to Whom It May Concern from D. Hale, ref:
8/13/97 incident. Further testimony on what Mr. Hale defined as "pushing" (ie: fists,
arms, hands or bodies). Mr. Hale stated that he testified in Municipal Court on a case
between Mr. Palacios and Mr. Lewis. Admitted into evidence.
City Witness David Lewis, Senior Inspector, Electrical Section — Testimony regarding
incident that occurred on 8/13/97
Discussion regarding the incident and order of events of the 8/13/97 incident. Testimony
that there was a physical and verbal altercation between hilmself and Mr. Palacios. Mr.
Lewis testified that he received a four day suspension for the incident. Mr. Way
questioned Mr. Lewis regarding the pushing and shoving. Mr. Lewis testified physical
action and re-action of the incident.
SCANNED
,i`utes of the 492°1 Civil Service Board
November 29,1999
Page 2
City Exhibit 1 — Memo dated 8/12/97 to A. Palacios from D. Lewis. Admitted into
evidence.
Employee Exhibit 8 — Contemplated Disciplinary Action to David Lewis from John
Kendall dated September 17, 1997. Admitted into evidence.
Employee Exhibit 4—Order deferring final disposition. Admitted into evidence.-
Further testimony on timeline. Employee representative stated that disciplinary action
was in retaliation for disciplinary action against Mr. Palacios.
Employee Exhibit 9— Civil Service Board letter issued to David Lewis dated November
17, 1997. Admitted into evidence. Mr .Lewis provided testimony regarding his
statement.
Employee Exhibit 12 — Memo dated 8/13/97 at 8:45 a.m., titled Office Incident
Statement. Admitted into evidence.
Mr. Lopez brought testimony regarding incident on 8/13/97. Clarification from Mr.
Lehrman on disciplinary action to Mr. Lewis and Mr. Palacios.
City Exhibit 2—City withdrew request to admit Exhibit 2.
Recess at 6:50 p.m. and reconvened at 6:55 p.m.
City Witness John Kendall, Plans Examiner III — Testified that in August 1997 he was
acting Building Official. Testimony regarding the incident and rebuttal hearing.
Clarification on Civil Service Board Rules and compliance with rules. Mr. Kendall said
he was acting Building Official at that time. He met with Mr. Palacios and a LULAC
official named Mr. Gamboa.
City Exhibit 3 — Contemplated Board letter issued to Adalberto Palacios from John
Kendall dated November 11, 1997. Admitted into evidence.
City Exhibit 4 — Civil Service Board letter issued to Adalberto Palacios from Norbert
Hart dated December 2, 1997. Admitted into evidence.
Discussion regarding appropriateness of discipline for both Mr. Lewis and Mr. Palacios.
Questions on determination to discipline Mr. Lewis.
Employee Exhibit 2 — Employee Grievance Form dated 10/22/97 by Adalberto Palacios
as grievant. Admitted into evidence only for reason of establishing date (approximate).
that Mr. Palacios returned to work.
Clarification on date Contemplated Disciplinary Action occurred. Mr. Kendall recalled ,
meeting with Mr. Palacios and Mr. Gamboa(LULAC)
mutes of the 492"Civil Service Board
Novemba 29,1999
Page 3
City.Witness Norbert Hart-Testimony regarding Mr. Palacios and Mr. Lewis actions, as
well as the discipline taken. Discussion regarding appropriateness of discipline and Mr.
Hart's responsibility at that time. Mr. Hart testified there was no retaliatory intent at all
with regard to this incident. He testified both disciplines were fair and just.
The City Rests.
Employee Witness Roel Montalvo —Testimony regarding the incident of 8/13/97 and his
factfinding investigation of Mr. Palacios and Mr. Lewis. Mr. Montalvo stated the mix-up
for the slow processing of Mr. Lewis' discipline was due to the lack of a Department
Head at the time. Testimony that Mr. Montalvo remembered that Tom Utter, Assistant
City Manager who was Acting Department Head at that time did not want to suspend Mr.
Lewis. He said Mr. Utter felt only Mr. Palacios should be disciplined. Further
discussion on the question of Mr. Lewis' family connections that may have impacted Mr.
Utter's position on the discipline.
City Exhibit 5 —City Disabililty Review form on Adalberto Palacios.
Testimony regarding three meetings for Mr. Lewis' discipline. One with Johanna
Barnett, one with Tom Utter and one with Jimmy Bray, City Attorney. Mr. Montalvo
stated it was unusual to have meetings with the City Attorney but it was due to Mr. Utter
not wanting to discipline Mr. Lewis.
Employee Witness Adalberto Palacios—Testimony that both Mr. Lewis and Mr. Palacios
were competing for the job that ultimately went to Mr. Lewis. Testimony that Mr.
Palacios filed a grievance as such. He stated that the office did not usually issue written
directives. He testified that he was upset and was verbally abusive to Mr. Lewis, stating
"Are you fucking with me?" He then testified that Mr. Lewis was physically abusive
towards him. Clarification on accuracy of memo from Mr. Lewis to Mr. Palacios.
Further discussion on discipline.
Mr. Lopez requested going off the record to offer explanation of open records request.
The Civil Service Board went into closed session at 8:22 p.m. reconvening at 8:29 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. Chair Lehrman seconded the motion
and it passed.
The Civil Service Board made recommendations to the City regarding thoroughness of
investigations and having clear policies for employees to follow. Further, they instructed
the City that all employees should be treated equally regardless of family connections.
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ith no further business,the Board adjourned at 8:32 p.m.
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-..y , tes of the 492rd Civil Service Board
November 29,1999
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Cynthia C. Garcia, Secretary Andre ehrman, Chairperson
Civil Service Board Civil Service Board
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nezz,Vice-C 1•'('9J sonRixi• , . Medina,Member
Civil Service Board Civil Service Board
CS/1999 CSB/MINUTES 492