Minutes: Civil Service Board Tuesday, September 17, 2019

City of Miami
3500 Pan American Drive
Miami, FL  33133
www.miamigov.com

Meeting Minutes

Tuesday, September 17, 2019
10:00 AM
Commission Chambers

Civil Service Board
Troy Sutton, Chairperson
Michael Dames, Chief Examiner
Rafael Cabrera, Board Member
Ulysses Garcia, Board Member
Wilbur Jackson, Jr., Board Member

Pledge of Allegiance

The meeting was called to order at 10:16 am, with the Pledge of Allegiance.  At commencement of the meeting, attendance was as follows:

Attendee Name

Title

Status

Troy Sutton

Chairperson

Present

Michael Dames

Chief Examiner

Present

Rafael Cabrera

Board Member

Present

Ulysses Garcia

Board Member

Present

Wilbur M. Jackson, Jr.

Board Member

Present

Adoption of Agenda

Chair Sutton asked if there were any revisions to the Agenda.  Hearing none, a motion to adopt the Agenda as printed was considered and resulted as follows:

Motion by Board Member Jackson, Jr., seconded by Board Member Garcia, that this matter be Approved, passed by the following vote:

AYES:                  Sutton, Dames, Cabrera, Garcia, Jackson, Jr.

 

A.        Approving of the Minutes

A.1

Civil Service Board - Regular Meeting - August 20, 2019

 

A motion was entered to approve the Minutes as presented, which resulted as follows:

Motion by Board Member Jackson, Jr., seconded by Board Member Garcia, that this matter be Approved, passed by the following vote:

AYES:                  Sutton, Dames, Cabrera, Garcia, Jackson, Jr.

B.        Personnel Matters

B.1

Copy of a memorandum from Chief Jorge R. Colina, Director, Department of Police, requesting an extension of probationary period of Katherine Triana Vasquez, Police Officer, for three (3) additional months beyond October 3, 2019. (DISCUSSION)

 

The employee is on military leave; therefore, not able to attend. A motion to GRANT the request of the department was considered and resulted as follows:

Motion by Board Member Jackson, Jr., seconded by Board Member Garcia, that this matter be Approved, passed by the following vote:

AYES:                  Sutton, Dames, Cabrera, Garcia, Jackson, Jr.

C.        Military Leaves of Absence

C.1

Juan Ortega, Police Officer, requests extension of Active Duty, Military Leave without pay effective July 27, 2019 through September 30, 2019. Records reflect his previous approved request for Military Leave was through July 26, 2019. Copy of Orders submitted. (DISCUSSION)

 

The Board entered a motion to approve the extended leave as requested, and thanked the employee for his service.

Motion by Board Member Jackson, Jr., seconded by Board Member Garcia, that this matter be Approved, passed by the following vote:

AYES:                  Sutton, Dames, Cabrera, Garcia, Jackson, Jr.

C.2

Andres Holguin, Police Officer, requests Active Duty Military Leave, effective October 11, 2019 for a period of 400 days. (DISCUSSION)

 

The Board entered a motion to approve the leave as requested, and thanked the employee for his service.

Motion by Board Member Jackson, Jr., seconded by Board Member Garcia, that this matter be Approved, passed by the following vote:

AYES:                  Sutton, Dames, Cabrera, Garcia, Jackson, Jr.

C.3

James Klein, Police Officer, requests re-employment as a Police Officer following his return from Military Leave. Copy of his Military Release Letter indicating Honorable Discharge submitted. (DISCUSSION)

 

The Board entered a motion to approve the re-employment as requested, and thanked the employee for his service.

Motion by Board Member Jackson, Jr., seconded by Board Member Garcia, that this matter be Approved, passed by the following vote:

AYES:                  Sutton, Dames, Cabrera, Garcia, Jackson, Jr.

C.4

Notification from Mario Nuñez, Director, Solid Waste Department, notifying the Board of Kirk Gilliland-Rodriguez, Safety Specialist, leave without pay pursuant to Civil Service Rule 15.6. (NOTIFICATION)

 

D.        Disciplinary Matters

D.1

Copy of a letter from Chief Jorge R. Colina, Director, Department of Police, notifying Juan D'Elia, Police Officer, of a 10-hour suspension, effective September 4, 2019. (NOTIFICATION)

 

D.2

Copy of a letter from Victoria Mendez, City Attorney, Law Department, notifying Monique Griffin, Legal Assistant, of a 3-day suspension, effective August 21, 2019, and a copy of a request to appeal from Osnat K. Rind, Attorney, on behalf of Ms. Griffin. A hearing has been scheduled for October 15, 2019. (NOTIFICATION)

 

D.3

Copy of a letter from Chief Jorge R. Colina, Director, Department of Police, notifying Surain Wong, Police Officer, of a 10-hour forfeiture, effective August 17, 2019. (NOTIFICATION)

 

D.4

Copy of a letter from Chief Jorge R. Colina, Director, Department of Police, notifying Laurent Nabut, Crime Scene Investigator I, of a 10-hour forfeiture, effective August 17, 2019. (NOTIFICATION)

 

D.5

Copy of a letter from Chief Jorge R. Colina, Director, Department of Police, notifying Ismaelia Castillo, Police Officer, of a 10-hour suspension, effective August 21, 2019. (NOTIFICATION)

 

D.6

Copy of a letter from Chief Jorge R. Colina, Director, Department of Police, notifying Noslen Boo Moreno, Police Officer, of a 10-hour suspension, effective August 21, 2019. (NOTIFICATION)

 

D.7

Copy of a letter from Chief Jorge R. Colina, Director, Department of Police, notifying Carolyn Griffin, Property Specialist I, of a 40-hour suspension, effective September 16, 2019. (NOTIFICATION)

 

E.        General Items

E.1

Copy of Findings of Fact concerning the Hearing of Appeal on behalf of Schonton Harris, former Police Officer concerning her Termination, effective November 16, 2018. (DISCUSSION)

 

Following review, the Board entered a motion to approve the Findings and Recommendations as presented, which resulted as follows:

Motion by Board Member Cabrera, seconded by Board Member Jackson, Jr., that this matter be Approved, passed by the following vote:

AYES:                  Sutton, Dames, Cabrera, Garcia, Jackson, Jr.

E.2

Copy of Findings of Fact concerning the hearing of Appeal on behalf of Adrian Cabello, Police Officer, concerning his 100-hour suspension, effective November 12, 2018. (DISCUSSION)

 

Motion by Board Member Jackson, Jr., seconded by Board Member Garcia, that this matter be Approved, passed by the following vote:

AYES:                  Sutton, Dames, Cabrera, Garcia, Jackson, Jr.

E.3

Copy of a Settlement Agreement between the City of Miami and Vincent Miller, Police Officer, concerning his Appeal hearing, relative to a 40-hour suspension, effective January 22, 2018 (CSB#18-04D). (NOTIFICATION)

Hearing of Appeal will be close and removed from the Board's docket.

 

E.4

Copy of a Request to Continue from Adanna Ferguson, Assistant City Attorney, concerning the Appeal hearing of Rony Rodriguez, Police Officer, as it relates to his 120-hour suspension, effective, November 06, 2018. Attorney Gibbons express no objection to the request. (DISCUSSION)

Hearing scheduled for today.

 

Adanna Ferguson, Assistant City Attorney, appeared on behalf of the Department and confirmed her request for a Continuance in this matter and advised that opposing counsel Eugene Gibbons, Attorney, on behalf Rony Rodriguez, Police Officer, expressed no objection to the request. She went on to explain that additional time is needed to present her case.

Following discussion, the Board considered a motion to GRANT the Department's request for a continuance, which resulted as follows:

Motion by Board Member Jackson, Jr., seconded by Board Member Cabrera, that this matter Approved, passed by the following vote:

AYES:                  Sutton, Dames, Cabrera, Garcia, Jackson, Jr.

E.5

Copy of a Request to Continue from Adanna Ferguson, Assistant City Attorney, concerning the Grievance hearing of Frances Walters, Sanitation Inspector II, as it relates to Civil Service Rule 16.2, concerning an alleged violation of Civil Service Rules 5.4 - Disqualification and 6.3 - Contents of Examination, relative to her ineligibility determination in the April 2018 recruitment for Sanitation Supervisor. Attorney Jackson express no objection to the request. (DISCUSSION)

Grievance hearing is scheduled for October 01, 2019.

 

Adanna Ferguson, Assistant City Attorney, appeared on behalf of the Department and confirmed her request for a Continuance in this matter and advised the opposing counsel Nnamdi Jackson, Attorney, on behalf Frances Walters, Sanitation Inspector II, expressed no objection to the request.

Following discussion, the Board considered a motion to GRANT the Department's request for a continuance, which resulted as follows:

Motion by Board Member Jackson, Jr., seconded by Board Member Cabrera, that this matter be Approved, passed by the following vote:

AYES:                  Sutton, Dames, Cabrera, Garcia, Jackson, Jr.

E.6

Copy of a Request to Continue from Adanna Ferguson, Assistant City Attorney, concerning the Appeal hearing of Alan Perez, Police Officer, as it relates to his 40-hour suspension, effective November 9, 2018. Officer Perez expressed no objection to the request. (DISCUSSION) Hearing of Appeal is scheduled for October 01, 2019.

 

Adanna Ferguson, Assistant City Attorney, appeared on behalf of the Department and confirmed her request for a Continuance in this matter. She advised the Appellant, Alan Perez, Police Officer, expressed no objection to the request for continuance.

Following discussion, the Board considered a motion to GRANT the Department's request for a continuance, which resulted as follows:

Motion by Board Member Jackson, Jr., seconded by Board Member Cabrera, that this matter be Approved, passed by the following vote:

AYES:                  Sutton, Dames, Cabrera, Garcia, Jackson, Jr.

F.         Reports

F.1

Copy of a Report to the City Manager, relative to the Grievance hearing on behalf of Jeovanny Herbello, Police Officer, concerning the examination process for the 2017 Police Sergeant, pursuant to Civil Service Rule 16.2 - Complaint by Employee, alleging a violation of the Americans with Disabilities Act, and Civil Service Rules 5.1- Announcement, 5.2- Application Forms, 6.2- Promotional Examinations and 17.1- Prohibited Practices. (DISCUSSION)

 

Motion by Board Member Dames, seconded by Board Member Jackson, Jr., that this matter be Approved, passed by the following vote:

AYES:                  Sutton, Dames, Cabrera, Garcia, Jackson, Jr.

F.2

Hearings Pending List as of September 17, 2019. (NOTIFICATION)

 

The Executive Secretary reminded the Board of its’ upcoming schedule for October and the Special meetings are scheduled to begin at 9am. Chair Sutton advised the Board the hearings scheduled for October 1, 2019 were either settled or continued and as it stands, the Board will have a meeting October 3, 2019 to finish Gomez's Grievance hearing

Following discussion, a motion was entered to CANCEL the regular meeting of October 1, 2019, which resulted as follows:

Motion by Board Member Jackson Jr., seconded by Board Member Cabrera, that this matter be Approved, passed by the following vote:

AYES:                  Sutton, Dames, Cabrera, Garcia, Jackson, Jr.

G.        Requests for Hearings

H.        Today's Hearings

H.1

Hearing of Appeal on behalf of Richard Robinson, Communication Repair Worker, concerning his 40-hour suspension, effective October 24, 2018.

 

Adanna Ferguson, Assistant City Attorney, appeared before the Board and advised that there is a settlement agreement between the respective parties and they are in the process of drafting the agreement. She went on and requested a continuance in this matter.

 

Following discussion, the Board considered a motion to GRANT the Department's request for a continuance, which resulted as follows:

Motion by Board Member Jackson, Jr., seconded by Board Member Cabrera, that this matter be Approved, passed by the following vote:

AYES:                  Sutton, Dames, Cabrera, Garcia, Jackson, Jr.

H.2

Hearing of Appeal on behalf of Richard Robinson, Communication Repair Worker, concerning his 8-hour suspension, effective April 4, 2019.

 

Adanna Ferguson, Assistant City Attorney, advised the Board that the discipline has been rescinded. The documents will be forwarded to the appropriate personnel to return the 8-hours of pay back to the employee. Case will be closed and removed from the Board's docket.

H.3

Hearing of Appeal on behalf of Rony Rodriguez, Police Officer, concerning his 120-hour suspension, effective November 6, 2018.

 

Continuance granted at today's meeting.

ADJOURNMENT:

There being no further business before the Board, a motion was entered to adjourn the meeting at 10:34 am, which resulted as follows:

Motion by Board Member Jackson, seconded by Board Member Garcia, that this matter be Approved, passed by the following vote:

AYES:               Sutton, Cabrera, Garcia, Jackson, Jr.

NO:                    Dames

SIGNATURE:

Troy Sutton, Chairperson



ATTEST:

Tishria L. Mindingall, Executive Secretary