HomeMy WebLinkAboutMinutes Civil Service Board - 04/18/2023MINUTES
590th CIVIL SERVICE BOARD HEARING
1201 LEOPARD ST., CITY HALL
HUMAN RESOURCES CONFERENCE ROOM
April 18, 2023
BOARD MEMBERS PRESENT:
Dr. Beth Rauhaus, Chairperson
Dr. Deborah Sibila, Member
Gerald Avila, Member
CITY STAFF PRESENT:
Eyvon McHaney, Director of Human Resources
Rebecca Castillo, Asst. Director of Human Resources
Adelita Cavada, City Attorney
Ernesto De La Garza, Director of Public Works
Sherri Eldridge, Human Resources Manager
Rita Galvan, Human Resources Analyst
Patricia Villanueva, Human Resources Analyst
Dr. Beth Rauhaus explains the Board meeting process and makes sure it is understood.
Dr. Beth Rauhaus called the 590th Civil Service Board hearing to order at 2:05 P.M
Item #1: Review and approve the minutes of the 589th Civil Service Board
hearing held on December 15,2023.
Item #2: Review and consider the appeal filed by Rene Bosques, Public Works
Technician II with the Public Works Department for his termination.
Ms. Eyvon McHaney moves to approve Item # 1. Dr. Sibila makes a motion to approve. Mr. Avila seconds
the motion.
Dr. Rauhaus moves to Item #2, and Dr. Rauhaus reads.
Dr. Rauhaus swears in the witness Mr. Rene Bosques.
City Attorney Adelita Cavada makes her opening statement.
"We are here today for an appeal for Mr. Rene Bosque's termination. We have two witnesses today. Those
witnesses are going to show that on the very early morning of February 14'h of 2023, he instigated and then
escalated a physical altercation with another employee. They are going to give us information on the history
of threatening and menacing behavior towards his coworkers. You are going to hear about the continued
employment of Mr. Bosquez position to a very hostile work environment that could lead to the city's
liability should his behavior continue to escalate which it has and a loss of good employees, one that has
been with the city for twenty-nine years. Thank you."
Mr. Rene Bosquez makes his opening statement.
Mr. Bosquez thanked The City for the resources that The City has to help the employees. He has been
working for The City for three years. He explains he could move forward if he had to when he had to. He
explained that he has no ills towards his colleagues, who are here and going to characterize him. As far as
his work ethics code is concerned, he believes there are no complaints. He explained that if he had a subject
to complain about, he would take responsibility and initiative, that is his character. He explains that he has
never been forceful. He wants to have the wording on his termination revised because it is important to him
and his character. He has worked two government jobs before and proceeds to talk about his job experiences
in those jobs.
Dr. Rauhaus explains to Mr. Bosquez that he needs to stick to giving a testimony on his termination appeal.
Mr. Bosquez goes back to explaining that he wants the wording on his termination changed.
City Attorney Adelita Cavada calls Carlos Garcia as a witness for the city.
Dr. Rauhaus swears in the witness Carlos Garcia.
Dr Rauhaus asks Carlos Garcia to state his name and position for the record.
Mr. Carlos Garcia states his name and explains his position as a fluid pump operator, which he has done
for three years. He described his job as monitoring the rainfall and stormwater in the downtown area where
he manages the rainfall that comes down to that area. Once the water gets to a certain height he
automatically or manually pumps the water out into the bay.
Attorney Adelita Cavada asks Mr. Garcia if it's an important job for The City and Mr. Garcia says, `Yes, I
would say it's a very important job. Downtown is a flood zone, so if it tends to rain a lot, and we're not
there, monitoring or controlling the situation then it could possibly flood the downtown area."
Attorney Adelita Cavada then asks, "fast forward to February 14', do you remember the events that
happened around midnight? Mr. Garcia explained that usually Mr. Julio Salinas comes in a few minutes
before his shift and waits to clock in. He says that he showed up at about 11:53 pm or so and after clocking
in they, (including himself, Julio Salinas, and Rene Bosquez), usually discussed what has happened with
the prior shift and what needs to be done work wise. Everything went smoothly but then a few minutes after
midnight, that is when everything went differently. Mr. Bosquez brought up the situation about the table
being dirty. He explained that it was not really an incident, it was just more of a comment that Mr. Bosquez
made to Mr. Salinas that escalated reference to the table being dirty. Mr. Garcia remembers Mr. Salinas
cleaning the table the night before in the middle of the shift and it looked fine. Mr. Bosquez told Mr. Salinas
that he needed to clean the table after he uses it, because he cleans it every day. Mr. Garcia explains that
they normally don't use the table because they each eat at their assigned area. Mr. Bosquez is the only one
that uses it more often than the others. Mr. Salinas told Mr. Bosquez if you think it's dirty you clean it. Mr.
Bosquez then got a rag and spray bottle and told Mr. Salinas "Do I need to show you how to clean, come
here and I will show you how to clean." Mr. Garcia claims Mr. Salinas did not move but did tell Mr.
Bosquez he was not going to clean it. Mr. Bosquez proceeded to say things like "You think you scare me;
I'm not scared of you."
Attorney Adelita Cavada shows a copy of Mr. Garcia's statement in which was written the night of the
incident by himself. Mr. Garcia looks at the statement and confirms it is his written statement. Mr. Garcia
proceeds by explaining that Mr. Bosquez would not be quiet about the table and kept egging off with saying
things about Mr. Salinas not cleaning the table, Mr. Salinas then got up and said, "you know what I am just
going to put the table away in the storage." Mr. Bosquez then raised his voice and said, "no you're not!"
Mr. Salinas started walking towards the table, then Mr. Bosquez then got up aggressively and followed Mr.
Salinas." Mr. Garcia states that he heard grunting and arguing and finally heard a table flipping so he finally
got up and saw that there were chairs and a table on the floor and said loudly, "you all better not touch each
other, and walked back to his assigned area. He did get to see them face to face looking at each other. Mr.
Bosquez then came back to his assigned area but as he passed Mr. Garcia, he gave him a grinning face that
bothered Mr. Garcia. Mr. Garcia explains that it takes a lot to upset Mr. Salinas and had never seen him
upset like that and explains that the rest of his shift he was quiet, except after Mr. Salinas put the table and
chairs away, he told Mr. Bosquez, "Why are you such a dumbass man, why?"
Attorney Adelita Cavada asked Mr. Garcia to explain what happened on February 16`i', 2023.
Mr. Garcia came in at 4pm that day and found that no one was there due to a meeting they had with upper
management. As soon as Mr. Bosquez came in out of no where he started saying things like, "I know
nobody likes me here and I didn't win this argument either." Mr. Garcia decided to proceed to work and
ignore hm as he didn't want to have a conversation about what happened. Mr. Garcia explains that he carries
his phone with him, and that Mr. Bosquez often brings up on how he thinks that he is talking or messaging
with Mr. Albert Galvan about Mr. Bosquez, and the situations occurring. Both Mr. Garcia and Mr. Bosquez
went to do yard work at Mckinney, without incident but then they got back and were getting ready to take
lunch, Mr. Garcia took a quick call from his daughter, in which Mr. Bosquez made comments to. Mr.
Bosquez told Mr, Garcia, "you guys are all against me, you Mexicans cant mess with this white boy." Mr.
Garcia explained that his call was with his daughter and not Mr. Galvan. Mr, Garcia also mentioned an
inhouse complaint that he made on May 29, 2021, where Mr. Bosquez was caught going through Mr.
Garcias lunch bag. Mr. Garcia also expressed that since Mr. Bosquez has not been to work there has not
been incidents and everything has been running smoothly.
Dr. Rauhaus gave everyone a Restroom Break at 2:43 P.M.
Dr. Beth Rauhaus called the 590th Civil Service Board hearing back in session at 2:46 P.M.
Mr. Bosquez asked Mr. Garcia what questions he asked him while he was driving to the plant. Mr. Garcia
responded, "I asked if you were good?" Mr. Bosquez asked Mr. Garcia weren't you probing me, asking me
all types of questions. Mr. Garcia replied with, "No you were the one saying that you were tired of that."
Mr. Bosquez interrupted Mr. Garcia as he was answering Mr. Bosquez question.
Dr, Rauhaus interrupted Mr. Bosquez and reminded him that he needs to just asks questions.
Mr. Bosquez asked Mr. Garcia were you probing? Mr. Garcia asked to define probing. Mr. Bosquez
answered, "asking me questions about my employment with The CIty." Mr. Garcia told him, "No you were
the one saying that you were done, that you were going to look for another place." Mr. Bosquez asked Mr.
Garcia if he seemed like a person to go through his things, Mr. Garcia responded, "well you went through
my stuff."
Mr. Garcia was released as a witness.
Dr. Rauhaus swears in the witness Julio Salinas.
Dr Rauhaus asks Julio Salinas to state his name and position for the record.
Mr. Julio Salinas explains he is the Senior Operator whose worked for The CIty for twenty-nine years.
Attorney Adelita Cavado asks to describe the incident on February 14", 2023. Mr. Salinas explained getting to
work and having a conversation with Mr. Garcia then Mr. Bosquez brings up the dirty table. Mr. Salinas explains
that Mr. Bosquez told him that his table was dirty. Mr. Salinas told him, "It's not your table." Mr. Salinas went
back to conversating with Mr. Garcia then, Mr. Bosquez interrupted again and kept going about the dirty table.
Mr. Bosquez then got a rag and spray and told Mr. Salinas, "Let me show you how to clean the table." They both
kept arguing about the table, so Mr. Salinas decided to tell Mr. Bosquez, You know what Rene, Im just going to
put the table up." Mr. Salinas got up to put the table away and Mr. Bosquez followed him and went for the table,
they both were struggling with the table. Mr. Salinas was trying to put it in storage and Mr. Bosquez was trying
to put it where it was. Mr. Bosquez then approached Mr. Salinas and got close to his face, started being louder
about the dirty table then pushed Mr. Salinas. Mr. Bosquez then left: to the other room, that's when Mr. Salinas
put the table away. Mr. Salinas decided to stay in the engine room until Mr. Bosquez left for the night because he
was scared. Mr. Salinas has never been disciplined in his twenty- nine years with The City. Mr. Salinas explains
Mr. Bosquez is a good guy but does have personality changes. Mr. Salinas expresses he would not feel
comfortable if Mr. Bosquez came back to work.
Mr. Bosquez asks if they met at the back of the kitchen as they walked in to put up their lunch, Mr. Salinas said
yes. Mr. Bosques argument is whether Mr. Salinas told him if the table was not Mr. Bosquez's table or the whole
crew's table. Mr. Bosquez was having to be reminded that he needed to ask in a question form. Mr. Bosquez's
questions were not being understood, by Mr. Salinas nor the panel. Mr. Salinas then said to Mr. Bosquez, "Rene
we were struggling with the table, so I put it up." Mr. Bosquez still went on and asked, "Did I leave after we
struggled and left things alone. Did I call and apologize?" Mr. Salinas said he did receive a call but did not accept
his apology.
Dr. Rauhaus swears in the witness Albert Galvan.
Dr Rauhaus asks Albert Galvan to state his name and position for the record.
Mr. Albert Galvan has been with The City for thirty-nine years and currently is a Public Works Foreman.
Attorney Adelita Cavada asks Mr. Galvan to explain what happened on the incident on October of 2022.
Mr. Galvan explained that he was getting ready to punch out and heard Mr. Bosquez saying, "this fax
machine does not work." Mr. Galvan was more focused on making sure all his equipment was shutting
down, but then heard Mr. Bosquez again. Mr. Galvan decide to go see what was going on. Mr. Bosquez
kept going on, about needing to receive a fax. Mr. Galvan told him that he can try to call the person sending
that fax and get them to send an email, but Mr. Bosquez kept going on, on how the fax machine needs to
get fixed, even got a little louder and got on Mr. Galvan's face about it. Mr. Galvan decided to write Mr.
Bosquez up on the situation because even after he was told to leave it alone, Mr. Bosquez attempted to mess
with the fax wiring after pacing back and forth.
Mr. Bosquez again had to be reminded to ask in forms of questions. Questions were based on Mr. Bosquez
needing to use the fax machine to get a fax from his optometrist. Mr. Bosquez explained how he saw Mr.
Galvan on his phone when he was trying to make the fax work and how there was not much room to pace
in there. Mr. Bosquez asked if he was underneath the desk, Mr. Galvan answered yes. Mr. Bosquez asked
if he was an employee that always asked question or a good asset to the department? Mr. Galvan answered
he could be, but he needs to be told several times to do something.
Dr. Rauhaus swears in the witness Ernesto De La Garza.
Dr Rauhaus asks Ernesto De La Garza to state his name and position for the record.
Mr. Ernesto De La Garza states he is Director of Public Works, he explains he has been in the current
position close to six months. Mr. De La Garza was asked to explain the process to where he chose to
terminate Mr. Bosquez. Mr. De La Garza explains how he reviewed the statement from his employees and
had to get with his HR Liaison and Assistant Director from Public Water to decide. After hearing the
situation, reviewing the statements and history on Mr. Bosquez and speaking with Human Resources
Employee Relations reference Policy Rules and Regulations he started the contemplated process due to the
physical altercation. There was a hearing with Mr. Bosquez where several questions were asked to get to
know his person and found out that he does take care of his parents and took a lot of pride in his work and
had a very clean nature which, Mr. De La Garza feels were all aspects. He was asked if he had remorse of
what he did, and Mr. Bosquez said yes. But it was noticed that Mr. Bosquez had a need for his co workers
to see things his way and how he needed them to go about business his way. Mr. De La Garza felt that the
physical altercation was a combination of Mr. Bosquz personality needing to do things his way. Mr. De La
Garza also considered if he let Mr. Bosquez back to work would it create a problem at the workplace and
unsafe environment.
Mr. Bosquez asks if he looked upset and dumbfounded with what was presented to him? Mr. De La Garza
agreed that at the time he did seem upset. Mr. Bosquez apologized and said he was overwhelmed, upset,
and surprised. Mr. Bosquez asked if someone apologized verbally or written is that guilt? Mr. De La Garza
answered not necessarily. Mr. Bosquez brought up questions not relevant to the incident.
Dr. Gerald Avila asked Mr. De La Garza if his employees go through evaluation process on an annual
basis? Mr. De La Garza responded yes; they do. Mr. Avila asked if Mr. De La Garza had an opportunity to
review the evaluations. Mr. De La Garza explained that they were being in process of submitting all the
evaluations for the department when he got hired. Mr. Avila asked if he was familiar with the procedures
of referring an employee to mental evaluation due to mentioning in the testimony that he was questioning
his mental state. Mr. De La Garza did consider it, Mr. Bosquez would have been referred to Human
Resources for direction, which was asked to Mr. Bosquez on the day of the meeting.
Mr. Bosquez thanks for all city resources. He was explained that at this time he could bring up any witnesses
and or asks any questions or explain his side of the incident. Mr. Bosquez had not written any witnesses in
the docket for the hearing. He asked if it was known that he had taken leadership skills, mastering certain
skills for The City. Again, it was explained to Mr. Bosquez that the panel was not his witnesses, that they
were there to discuss his appeal. Mr. Bosquez explained that he has had prior government jobs and never
had a mischaracterization. Mr. Bosquez then explained that he was flabbergasted when he saw the
statements that was shown to him. He explains that he has never told Mr. Garcia anything racial whatsoever.
He did tell Human Resources that he was not Mexican enough but not to his coworkers, but he said this
because what this process was doing to him.
Attorney Adelita Cavada gives her closing statement for The City.
Through the testimony of Mr. Bosquez's coworkers, I think it is very clear what kind of environment that
he created for those who were working with him. He was hired to do a job and instead he is threatening
others and getting in the face of others. There was an incident in which he destroyed government property.
Then a couple of months later it escalates with an incident with Mr. Julio Salinas in which led to a physical
altercation which is not tolerated by The City. If you give the green light to continue his employment, he
will continue to threaten his coworkers instead of just doing his job. So, I would ask that you would uphold
his termination. This is not something that I take lightly, but having someone who is escalating to physical
altercations is a liability to The City and to his coworkers.
Mr. Bosquez gives his closing statement.
Never in my lifetime have I had a physical altercation with anyone, and furthermore there was no altercation
with Mr. Salinas. I am totally surprised. You are holding on to a table and there was tugging, is that a
physical altercation? I never touched him, I never cursed at anyone. Wording is going to be very important,
or ten thousand dollars out of my pocket for a lawyer.
Dr. Rauhaus calls for closed session at 3:31 F. M.
5901" Civil Service Board hearing is called back in session at 3:47 P.M.
Motion was made to uphold the termination of Rene Bosquez.
The 5901h Civil Service Board hearing is adjourned at 3:47 P.M.
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Civil Service Board
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Civil Service Board