HomeMy WebLinkAboutMinutes Civil Service Board - 12/15/1999 MINUTES
495th CIVIL SERVICE BOARD MEETING
1201 LEOPARD ST., CITY HALL
HUMAN RESOURCES CONFERENCE ROOM
December 15, 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
Ed Garana, Water Superintendent
The 494thCivil Service Board meeting was called to order at 8:55 a.m.
Item# 1: Review and approve the minutes of the 494th Civil Service_ Board meeting held on
December 1, 1999: Member Medina made a motion to approve the minutes as written.
Vice-Chairperson Martis secondedthe motion and it passed.
Item#2: Review and approve the minutes. of the 493`d Civil Service Board meeting held on
November 30, 1999: "Member Medina madea motion to approve the- minutes as
written: Vice-Chairperson Martinez seconded the motion and it passed.
Item#3: Review and consider the appeal of termination filed by Gregory L.Peck, Tradeshelper:
All witnesses were sworn in.
The.City invoked the rule.
City Witness Cynthia Ann Papageorge, Disability Review Coordinator and Human Resources Analyst
—Ms. Papageorge-gave a brief overview of her responsibilities as DRC Coordinator.
City Exhibit #1 City Policy—Limited Duty Program and Reasonable Accommodation.for Disabled
Employees. No: G-16.0,dated 12/22/93. Admitted into,evidence.
City Exhibit #2 — Memo to Gregory`Peck from Cynthia Papageorge dated 3/17/98,.subject Limited
Duty and Reasonable Accommodation Policy. Admitted into evidence.
Testimony regarding the City's Limited Duty program with an outline of the time frame and how the
clock time runs out. Further testimony on Mr.. Peck's dates and otuline of when he.started on Limited
Duty policy and when his 6 months,.9 months and.FMLA leave was initiated.. Discussion of alternate
positions offered to Mr..Peck.
City Exhibit#3 —letter.to Gregory Peck dated April 6, 1999 from.Cynthia C. Papageorge. 'Admitted
into evidence.
Further discussion. on City's DRC process and. Ms. Papageorge's responsibility to. the policy.
Discussion regarding Mr. Peck's injury and his efforts to find alternate employment. Questions
regarding-Mr. Peck's condition and jobs-within the City that he applied for ' CARNEtilig Mr.
Peck's ability to work.
Minutes of the 495ih Civil Service Board
December 1S,1999
Page 2
Employee Exhibit#1 —Apple Dental Center,Inc. memo signed by the dentist stating that Mr. Peck had
a surgical extraction performed and that he needs 48 hours bed rest. Admitted into evidence.
Employee Exhibit*2 U.S. Department-of Education; Physician's Certification of Borrower's Total
and.Permanent Disability on Gregory Louis:Peck as borrower. Admitted into evidence.
Employee Exhibit #3 - City of Corpus Christi Risk Management and Spohn Occupational Medicine
Work Status Form.on.Gregory Peck dated 7/21/98. Admitted into.evidence.
Employee Exhibit #4 - City of Corpus Christi Risk Management and Spohn Occupational Medicine
Work Status Form on Gregory Peck dated3/17/99. Admitted into evidence.
Employee Exhibit.#5—Civil Service Boardletter of termination.for Gregory Peck,.Tradeshelper,dated
April30, 1999
Further discussion regarding employee exhibits.
The.Board took a break at 10:00 a.m.and reconvened.at 10:15 a.m.
City Witness Viola Gonzales Lopez; Vocational Rehabilitation Counselor—Discussion regarding Ms.
Lopez's involvement with Mr. Peck's rehabilitation and her actions with this.case. She outlined her
meetings with Mr. Peck and her role-in his rehabilitation. Further discussion on all the°process and her
efforts to assist Mr..Peck in placement and rehabilitation.
City Witness Eduardo Garana, Water Superintendent — Testimony regarding, Mr: Garana's
responsibility and.the.process.he.followed in this case.
City Exhibit:#4 — Contemplated. Termination Action to Gregory Peck, dated.4/16/99 from Eduardo
Garana,P.E. Admitted into evidence.
City Exhibit,#5 — Internal office note/memo dated 4/23/99 at.9:41 a.m. Eduardo Garana, Eduardo.
Garcia and Gregory Peck present. Admitted into evidence. . . ,
City Exhibit #6—Civil Service Board letter dated 4/30/99 reference Gregory Peck.. Not admitted into
evidence as it has'already been introduced into evidence.
The City-rests.
Employee Witness Steve Emerson — Questioning regarding Mr. Peck's job duties and performance
while assigned to Mr.Emerson on light duty.
The Board took a break at 11:00 a.m. and reconvened at 11:10 a.m. .
Employee Witness Manuel Castillo -Questioning regarding Mr. Castillos' limited duty status and his
understanding of the City's process in the limited duty program. Questioning regading any knowledge
Mr. Castillo hadoftemporary employeesand job assignments. .
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Minutes of the 495th Civil Service Board
December 15,1999
Page 3
Employee Witness Georgina Gonzales — Discussion regarding Mr. Peck's job duties and his
performance while working with Ms. Gonzales. Discussion regarding clocking in and out and if
requirement is equal for all employees. Further testimony on training and assistance afforded to
employees on limited duty..
Employee Witness (apellant) Gregory Peck—Mr. Peck took the oath. Mr. Peck outlined his previous
experience, allegations of safety violations,by Mr. Peck and a.rendering of his limited duty,experience.
The Board went into closed session at 12:00 noon and reconvened at 12:12 p.m.
Member Medina Made a motion to deny the appeal of termination of Gregory Peck. Vice-Chairperson
Martinez seconded the motion and it passed.
Item#4: Discuss and determine the meaning of the language in Article IV, Section H of the
Rules and Regulations of the Civil Service Board.
Item# 5: Review and modify, if necessary, the holding in the termination hearing of Eugenio
Talamantes held on December 1, 1999.
Ms. Garcia explained that the Board may have exceeded their authority in their decision in the Eugenio
Talamantes hearing. She asked that they review Article IV, Section H of the Rules and Regulations of
the Civil Service Board to make a determination. Vice-Chair Martinez stated that she would prefer a
full board presentto address that issue.. Member Medina,concurred so the issue was tabled.
With no further business,the Board adjourned at 12:15 p.m.
Cynthia C. Garcia, Secretary Andrew Lehrman, Chairperson
Civil Service Board Civil Service Board
Diana Martinez, Vice-Chairperson Rixio E. Medina, Member
Civil Service Board Civil Service-Board
CS/1999 CSB/MINUTES-495