HomeMy WebLinkAboutMinutes Civil Service Board - 12/01/1999 MINUTES
494th CIVIL SERVICE BOARD MEETING.
1201 LEOPARD ST., CITY HALL
HUMAN RESOURCES CONFERENCE ROOM
December 1, 1999
BOARD MEMBERS PRESENT CITY STAFF PRESENT
Andrew Lehrman, Chairperson Cynthia C. Garcia,Director
Diana Martinez, Vice-Chairperson Human Resources Department
Rixio E. Medina, Member Alex Lopez, Asst. City Attorney
Dr.Nina Sisley, Director of Public Health
Roger Barker, Asst. Dir. Public Health -
The 494th Civil Service Board meeting was called to order at 5:34 p.m.
Item# 1: Review and approve the minutes of the 492nd Civil Service Board meeting _
held on November 29, 1999. Member Medina made a motion to approve
the minutes as written. Vice-Chairperson Martinez seconded the motion
with two changes. Member Martinez corrected a typographical error in
the minutes on Page 1 and clarified a recommendation by the Board to the
City to adopt an Abusive Language Policy. The minutes were approved as
amended.. Ms. Garcia asked that approval of the minutes for the 493`d
Civil Service Board be suspended until the next meeting because staff did
not have enough time to complete the minutes.
Item#2: Review and consider the appeal of 10-Day Suspension filed by Kenneth
Lease, Assistant Animal Control Supervisor.
The City invoked the rule.
John Alexander introduced himself as Mr. Lease's employee representative. -
All witnesses were sworn in.
The City provided an opening statement.
City Witness Clint Babcock, ACO I —Mr. Babcock recounted the order of events of the
day in question. Testimony that at work, while passing Mr. Lease, he was surprised and
hit in the face area with a bag containing a frozen dead carcass that could have been a bat
or a snake. Further testimony regarding events that occurred later that day. Mr.
Babcock's vehicle stalled out and he called in for backup. Mr. Lease took the call.
Testimony that he was feeling sick to his stomach due to the incident that morning,
however it took ihour to 1 hour and 45 minutes to be relieved. Testimony that he called
in a report to the Police Department that he was assaulted at work. He has not filed
charges. Mr. Alexander cross examined Mr. Babcock. Clarification from the Board.
SCANNED
'- 1of the 494th Civil Service Board
December 1,1999
Page 2
Employee Witness Roger Barker, Assistant Director City-County Public Health —
Clarification on a letter of resignation.
City Witness Jeffrey Rascoe,ACO I—Described incident using similar bag.
City Witness Jeff Beynon. Animal Control Supervisor — Mr. Beynon was asked if he
recognized City Exhibit 1, Driving Rules and Regulations. He stated that he did and . .
further explained the policy.
City Exhibit 1 - City of Corpus Christi, Risk Management Operation of City Vehicles
and Personal Vehicles,Driving Rules and Regulations. Admitted into evidence.
City-_Exhibit 2 — Acknowledgement Form, City of Corpus Christi, Violence in the
Workplace Policy,HR 21.0 signed by Kenneth L.Lease, dated 3/12/97.
Discussion regarding witness statements and Mr. Beynon's participation and awareness
of the incident.
City Exhibit 3 — City Policy — Violence in the Workplace HR 21.0. Admitted into
evidence.
Discussion on underlying tension. Further clarification from the Board on Department
policy for handling animals and carcass's.
City Witness Dr. Nina Mae Sisley, MD, Director of City County Health Department —
Testimony regarding Dr. Sisley's decision to give Mr. Lease a 10-Day Suspension
City Exhibit 4 — Contemplated Disciplinary Action letter issued to Kenneth L. Lease
from Nina M. Sisley, MD dated 3/25/99. Admitted into evidence.
City Exhibit 5 — Letter of reprimand issued to Kenneth L. Lease from Nina M. Sisley
dated 9/29/99.
City Exhibit 6 — Civil Service Board letter issuing a 10-Day suspension to Kenneth L.
Lease dated 4/2/99.
City Exhibit 7—Memo to Dr.Nina Sisley from Kenneth L. Lease dated 3/31/99, Subject:
Response to Allegations of Workplace Violence.
City Exhibit 8—Employee Incident Report on Kenneth L. Lease dated 11/2/98.
Testimony on employee incidents and occurrence of similar incidents.
The City rests.
_As of the 494`h Civil Service Board
December 1,1999
Page 3
The Board took a break at 7:17 p.m. and reconvened at 7:25 p.m.
Employee Witness Robert Rust, ACO I —Testimony regarding vehicle maintenance and
breakdown. Discussion on practice of disposal of dead animals.
Employee Witness Robert Morado, ACO II — Testimony regarding towing vehicles and
dead animal disposal. Discussion regarding tossing of animals and procedure for
handling animals.
Employee Witness Michael Selph ACO I—Testimony regarding Mr. Babcock's behavior
and employee interaction. Described one incident relating to traps and Mr. Babcock.
Employee Witness Tanya Martinez, ACO II — Discussion regarding Mr. Babcock's
condition when he was stranded and the tow truck. Discussion regarding procedure for
disabled vehicles.
Employee Exhibit 1 —Animal Control Log dated 2/25/99 for vehicle 923. Admitted into
evidence.
Employee Witness Raul Galvan, ACO I —Testimony that Mr. Babcock gets upset when
he has to pick up traps.
Employee Witness Kimberly Gardner, ACO II —Testimony regarding events on the day
in question and her recollection of what occurred when the truck broke down.
Employee Exhibit 2—Animal Control Log dated 2/25/99 for vehicle 920. Admitted into
evidence.
Employee Exhibit 3 — Brat, Corp, Inc., DBA Autotown Towing, Office & Storage Lot
receipt dated 2/25/99 for City Service, PO#B77169 for Codes 007.09
Employee Exhibit 4—Wrecker Schedule for December 99.
The employee rests.
The City provided closing statements
The employee representative provided closing statements
The Board went into closed session at 8:10 p.m. and reconvened at 8:20 p.m.
Vice-Chair Martinez made a motion to deny the appeal of 10-Day suspension, Member
Medina seconded the motion and it passed. Vice-Chair Martinez stated that the
suspension is upheld, although the Board did not feel that there was a violation of the
City's Violence in the Workplace Policy nor a violation of the City's policy on vehicles.
The Board action stated that it is the opinion of the Civil Service Board that the
r; ],. .:es of the 494th Civil Service Board
December 1,1999
Page 4
suspension given to Keneneth Lease is upheld based on.# 6, 9, 16, & 31 of the 4/2/99
Board letter. The Board had further recommendations to Mr.Lease regarding his actions.
Ms. Garcia asked to be put on the agenda for the next meeting to discuss the meaning of
the language in the 493rd Civil Service Board hearing for Eugenio S. Talamantes. She
has asked the Board to consider the meaning of the language in Article IV, Section H of
the Rules and Regulations of the Civil Service Board and if necessary, review and modify
the holding in the termination hearing of Mr. Talamantes.
With no further business,the Board adjourned at 8:24 p.m.
' ,
Cyn a C. Garcia, Secretary Andrew Lehrman, Chairperson
Civil Service Board Civil Service Boar•.
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lana Martinez, Vice-C.•' ir1111,111111111111. Rixio E. Medina,Member
Civil Service Board Civil Service Board
CS/1999 CSB/MINUTES 494