HomeMy WebLinkAboutMinutes Civil Service Board - 11/30/1999 MINUTES
493rd CIVIL SERVICE BOARD MEETING
1201 LEOPARD ST., CITY HALL
HUMAN RESOURCES CONFERENCE ROOM
November 30, 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
Debbie Marroquin, Gas Superintendent
The 493`d Civil Service Board meeting was called to order at 8:34 a.m.
Item# 1: Review and approve the minutes of the 492nd Civil Service Board meeting
held on November 29, 1999. Ms. Garcia asked that approval of the
minutes be suspended until the next meeting because the 492nd meeting
did not adjourn until late in the evening yesterday.
Item#2: Review and consider the. appeal of termination filed by Eugenio S.
Talamantes,Equipment Operator I.
Cindy Wilson,Attorney, and employee representative invoked the rule.
All witnesses were sworn in.
The City provided an opening statement.
The employee representative provided an opening statement.
City Witness Douglas P. Rush, Sr.Police Officer—Questioned regarding facts of the case-
and recollection of the incident.
City Exhibit 1 — CCPD Offense Report dated 11/9/98, case 98-069616, suspect Eugene
Talamantes. Admitted into evidence.
Officer Rush stated he investigated the alleged theft of asphalt from the City of Corpus
Christi Gas Department.
City Exhibit 2 — CCPD Voluntary Statement signed on 11/24/98 by Elias G. Lopez.
Admitted into evidence.
City Exhibit 3 — CCPD Supplementary Narrative Report, case 98-069616 dated 11/9/98.
Admitted into evidence
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City Exhibit 4—.CCPD Supplementary Narrative Report, case 98-069616 dated 11/9/98.
Admitted into evidence.
City Exhibit 5 — Copy of photograph, CCPD ID. Copy of offense card, case 98-069616.
Admitted into evidence.
City Exhibit 6 - Copy of photograph of two homes and a driveway (with asphalt).
Admitted into evidence.
City Exhibit 7—Copy of photograph of asphalt driveway. Admitted into evidence.
City Exhibit 8—Copy of photograph of front of two homes. Admitted into evidence.
City Exhibit 9—Copy of photograph of front of home. Admitted into evidence.
City Exhibit 10 — Copy of photograph of asphalt driveway with a car. Testimony
regarding photographs and, discussion relating to location of driveway and asphalt.
Admitted into evidence.
City Exhibit 11 — CCPD Voluntary statement — Offense # 98-069616 by Eugenio S.
Talamantes dated 11/20/98. Admitted into evidence.
City.Exhibit 12—CCPD Voluntary Statement—Offense # 98-069616 by Luis E. Medina
dated 11/20/98. Admitted into evidence
City Exhibit 13 — CCPD Voluntary Statement — Offense # 98-069616 by Teofilo
Cardona, Jr. dated 11/24/98. Admitted into evidence
City Exhibit 14 - Material Collection List for CCPD dated 10/28/98, pickup by Luis
Medina. Admitted into evidence.
City Exhibit 15 — Material Collection List for CCPD dated 10/29/98, pickup by Luis
Medina. Admitted into evidence.
Testimony from Officer Rush that he believed a theft occurred. Officer Rush stated that
hisinvestigation determined that Mr. Talamantes made this exchange on City time but
did not use City equipment to spread the asphalt.
The Board recessed and reconvened at 10:30 a.m.
Ms. Wilson cross examined Officer Rush. Clarification on statements that they did or did
not discuss trade or trailer for asphalt. Questioning regarding order of events. Discussion
regarding Officer Rush' investigation.
City Witness Paul Fuentes., Sr. Foreman — Testimony regarding day of incident in
question and his recollection of events.
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City Exhibit 16 — Statement signed by Paul Fuentes dated 11/3/98. Admitted into
evidence.
City Exhibit 17 = City map (copy) of Driscoll Drive and Longview. Admitted into
evidence.
City Exhibit 18 — 239. Gas Department log, top date 9/23/98, by P. Fuentes. Admitted
into evidence.
Further discussion on excavation of the street and the gas leak repair. Testimony on Mr.
Fuentes' recollection of events on the day in question. Mr. Fuentes stated that he would
not authorize laying out City asphalt on a private home. He stated they only lay out
"spoil"which is fill that was used.
City Witness Charles Harvey — Testimony regarding events on the day of the incident.
Mr. Harvey testifies that asphalt was dumped on customers driveway.
City Witness Jake Pena—Testimony regarding events on day of incident.
City Exhibit 19—Charles Harvey statement. Admitted into evidence.
City Exhibit 20 Jake H. Pena statement, dated 11/2/98. Admitted into evidence.
Further testimony regarding events of 10/28/98 and 10/29/98. Also, clarification on
statement and his contention that the incident was theft.
The Board took a break at 11:30 a.m. and reconvened at 11:40 a.m.
City Witness Luis Medina— Mr. Medinatestified he dropped asphalt on private citizens
driveway at Mr. Talamantes request. Further testimony regarding why Mr. Medina
complied with Mr. Talamantes' request. Discussion regarding events on the two day of
the incident in question:
City Exhibit 21 —Statement by Luis Medina dated 11/3/98. Admitted into evidence.
City Witness Santiago Salinas—Mr. Salinas gave testimony regarding his supervision of
Mr. Talamantes. Testimony regarding the practice of the disposition of excess asphalt or
caliche within the department.
The Board took a break at 12:10 p.m. and reconvened at 1:15 p.m.
City Witness Ted Cardona — Testimony regarding events on the day of the incident.
Discussion regarding similar incidents. -
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City Exhibit 22 — Copy of photograph of asphalt driveway [driveway is 68 feet by 10
feet]. Admitted into evidence.
Discussion that two Grade 19's, Bruno Cavazos and Luis Medina were in authority on
the days in question. Further testimony on decisions made and judgement calls
City Witness Debbie Marroquin — Testimony regarding contemplated letter issued to
Eugenio S. Talamantes and information related to the rebuttal hearing.
City Exhibit 23 - Contemplated Disciplinary Action letter issued to Eugenio S.
Talamantes, dated 5/3/99. Admitted into evidence.
City Exhibit 24—Memo regarding rebuttal hearing to Eugenio Talamantes from Deborah
Marroquin, dated 5/4/99. Admitted into evidence.
Correction to Contemplated letter, that dates should be "on or about October 28, 1998
and October 29, 1998."
City Exhibit 25 — Civil Service Board letter of termination issued to Eugenio S.
Talamantes dated 5/6/99. Admitted into evidence.
City Exhibit 26—Memo to City Hall, Gas Department, DebbieM(Marroquin).from Frans
Gericke, dated 11/2/98,titled/subject 271 Longview. Admitted into evidence.
Discussion regarding information dissemination in the department and Ms. Marroquin's
administration and communication of City Policy. Testimony by Ms. Marroquin
regarding Mr. Talamantes personality and his behavior towards fellow employees. Ms.
Wilson cross examined Ms. Marroquin. Extensive interchange between Ms. Wilson and
Ms. Marroquin regarding policy and Gas Department procedures.
The City rests.
The Board took a break at 2:00 p.m. and reconvened at 2:15 p.m.
Employee Witness (apellant) Eugenio S. Talamantes — His recollection of events that
occurred on 10/28/98. Testimony regarding his discussion with Mr. Lopez regarding the
purchase of the trailer. Further testimony regarding his actions on the events of the day
in question. Testimony that he was not told that spreading excess asphalt or materials
was theft or against City policy.
City Exhibit 27 — Statement signed by Eugenio S. Talamantes dated 11/3/98. Admitted
into evidence.
Employee Exhibit 1 — Polaroid photograph of 371.8 Baldwin & Shawnee (behind
Buccanneer Cleaners) of a caliche driveway area.
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Employee Witness Elias Lopez—Interpreter L.-David Ramos—Mr. Lopez was sworn in
in Spanish. Testimony regarding his participation in the sale and exchange of the trailer.
Discussion regarding the events on the day of the incident in question. Mr. Lopez stated
he was a renter and the home does not belong to him. He remembers very vaguely, but
states that his statement to the Police Department one month after the incident should be
the most accurate.
Employee Witness John Vargas — Questioning regarding procedure on dumping /
removal of excess materials. Discussion of excess materials and procedure crews use
when disposing of spoil and excess.
Employee Witness David Sifuentes—Discussion regarding procedure on removal of spoil
and or excess materials.
Employee Witness Juan Ramon Canales-Discussion regarding procedure on removal of
spoil and or excess materials.
Employee Witness Bruno Cavazos—Discussion regarding procedure on removal of spoil
and or excess materials.
Employee Witness Arnulfo Gutierrez Sr.—Discussion regarding procedure on removal of
spoil and or excess materials.
Employee Witness Lino A. Garcia—Discussion regarding procedure on removal of spoil
and or excess materials.
• The following employee witness were called in at once. The were asked two
questions. The first question was if they had a load of asphalt, would they dump it or
leave it? The second question was how much is too much to dump?
Joe Albert Guzman— Stated it depends, but usually would leave asphalt and take spoil.
He would try to spread it. Too much is not much, but it also depended on the size of the
hole. He would sometimes take it in.
John Chavez—He wouldn't leave it there on the road, but has left some on the side of a
house. He would probably take the leftovers in to the yard.
Rolando Torres—Customers sometimes ask for leftover asphalt. He has complied if it is
a small amount. He usually loads up the leftover and takes it in.
Adolph Robles — He would spread out asphalt if he could. He usually loads up the
leftover asphalt and takes it into the yard.
Robert Valdez—He sometimes puts it in a pile and flags it off. If it is a small amount of
asphalt he will spread it out. If it is a large amount he will pick it up and take it in.
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Stephen Hinojosa — He has seen it left and if it is /2 bucket (of the scooper), he would
leave it in. If it is a larger amount,he would load it up.
The employee rests.
Testimony from Ms. Marroquin on how the Gas Department responds when a customer
complains, compared to when an employee initiates the complaint.
The City provided a closing statement.
The employee representative provided a closing statement.
The Civil Service Board went into closed session at 4:40 p.m. reconvening at 5:20 p.m
Vice-Chairperson Martinez made a motion to reinstate Mr. Talamantes with no backpay
and to demote him one grade, effective 12/1/99. Member Medina seconded the motion
and it passed.
With no further business, the Board adjourned at 5:23 p.m.
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Cyn! 'a C. Garcia, Secretary Andrew Lehrman, Chairperson
Civil Service Board 'vil Service Board
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.. ,._ artinez, V ce hdi •erso Rixio :. Medina,Member
Civil Service Board Civil Service Board
CS/1999 CSBI IINUTES 493