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HomeMy WebLinkAboutMinutes Civil Service Board - 10/08/2021MINUTES 585th CIVIL SERVICE BOARD HEARING 1201 LEOPARD ST., CITY HALL HUMAN RESOURCES CONFERENCE ROOM October 8, 2021 BOARD MEMBERS PRESENT: Dr. Beth Rauhaus, Chairperson Dr. Deborah Sibila, Member Gerald Avila, Member CITY STAFF PRESENT: Eyvon McHaney, HR Director Alexander Garcia, Attorney II DeAnna Galan, Administrative Manager Sherri Eldridge, HR Manager Monica Saenz, Sr. HR Analyst Dr. Beth Rauhaus called the 5 85th Civil Service Board hearing to order at 9:20 am. Item #1:Review and approve the minutes of the 5 84th Civil Service Board hearing held on August 20, 2021. Item #2:Review and consider the appeal filed by Michael Chavarria, Utility Technician I, on his termination. Ms. McHaney moves to approve Item #1. Mr. Avila makes motion to approve. Dr. Sibila seconds the motion. Dr. Rauhaus moves to Item #2, and Dr. Rauhaus reads. Dr. Rauhaus swears in the witnesses. Mr. Garcia does not invoke the rule. Assistant City Attorney Alexander Garcia makes his opening statement. On July 7th, 2017, Michael Chavarria was terminated from the City's Water Utilities department where he worked as a Utility Technician. There are three points of interest regarding this proceeding. Mr. Chavarria is subject to random drug testing, he was randomly selected to provide a test, and he failed the test by testing positive for an illegal substance. Termination was not only relevant but mandated according to the drug and alcohol policy. In appealing his termination, Mr. Chavarria is demanding that the City prove the charge against him is true. He tested positive for an illegal substance. I do not believe that Mr. Chavarria will be able to disprove that he had the substance in his system nor could he. I believe, instead, that he will try to explain the presence of this drug with a story meant to sway your emotions and gain your sympathies. City policy regarding the use of illegal substances is clear. There is only one possible mitigating circumstance to avoid automatic and mandatory termination which is the existence of a legitimate medical explanation. The City's Medical Review Officer made the determination that he did not meet the requisite for such an exception, therefore the City had no choice but to terminate. Mr. Chavarria is not present to present his case. The city calls Deanna Galan as a witness for the City. Mr. Garcia asks Ms. Galan to state her name and position for the record, then goes on to question the witness. Ms. Galan vaguely remembers Mr. Chavarria but did assist with disciplinary action at the time of termination. Reviewed exhibits A & B and was considered custodian of records. Explained exhibit A, the Contemplated Letter, and explains violations of policy and that the intent of the document is to explain what the department is considering as far as discipline. Reads violation regarding what happens if an employee fails a drug test. Ms. Galan does not remember meeting with Mr. Chavarria but did review email history regarding his termination. Mr. Chavarria was randomly selected for drug testing for CDL drivers. She receives notifications of employees selected to submit for random testing and notifies the supervisors, supervisor then informs the employee. Reviewed exhibit B, Letter issued to the Civil Service Board stating that the employee was terminated. No further questions of the witness. Mr. Chavarria is not present to question the witness. Mr. Garcia calls Sherri Eldridge as the next witness for the city. Mr. Garcia asks Mrs. Eldridge to state her name and position for the record, then goes on to question the witness. Reviewed exhibits C-G and verified they are kept in the regular course of business within the Human Resource department. Turns to exhibit E, the Drug & Alcohol policy for CDL drivers. Every CDL diver acknowledges and signs this policy, including Mr. Chavarria. Reads page 14 regarding violations and consequences and explains automatic and mandatory termination is the outcome of positive drug testing. Mr. Garcia asked if Directors have the discretion to keep an employee if they fail the drug test, Mrs. Eldridge answers no, the policy states after the first offense termination is mandatory. Asked if there is a way for the employee to be rehired, Mrs. Eldridge answers yes, there is a substance abuse program they can elect to take part in. Once they complete the program, they need to show proof and re-apply for employment. Once they return, they are subject to 12 months of random drug testing. Reviewed exhibit D, chain of custody form and explained the results indicated the drug test was positive for an illegal substance. Reads Medical Review Officer verification which states the employee did not have a prescription or medical explanation for the positive result. Mr. Chavarria did request a split specimen but did not want to pay the required fee. Reviews exhibit C, the random list from the CPA firm that produced lists at that time. There are no further questions for Mrs. Eldridge. Mr. Chavarria is not present to question the witness. Mr. Garcia gives his closing statement for the city. Mr. Chavarria was a CDL diver for the City of Corpus Christi who acknowledged, read, and signed the Drug & Alcohol policy. He was aware that he would be subject to random drug and alcohol testing. He was aware that he would be subject to random testing. He had an opportunity to request a split specimen and did not. I am asking the Board to uphold this termination because of his positive test result, and he is a liability to the City of Corpus Christi. Mr. Chavarria is not present to give his closing statement. Dr. Rauhaus calls for closed session at 9:42 am. 585th Civil Service Board hearing is called back in session at 9:44 am. Motion was made to uphold the termination of Michael Chavarria. The 585th Civil Service Board hearing is adjourned at 9:45 am. Dr. Beth Raühaus, Chair Civil ervice Boad Dr. Deb.Sibila, Member Civil Service Board Gerald vila, Member Civil Service Board Eyvon McHnjy, Secretary Civil ServiceBoard