Minutes: Civil Service Board 03-08-22

City of Miami

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

Meeting Minutes

Tuesday, March 08, 2022
10:00 AM
Commission Chambers

Civil Service Board

Troy Sutton, Chairperson
Rodrigo Jimenez, Chief Examiner
Rafael Cabrera, Board Member
Ulysses Garcia, Board Member
Travis Lindsey, Board Member

Pledge of Allegiance

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

Attendee Name

Title

Status

Troy Sutton

Chairperson

Present

Rodrigo Jimenez

Chief Examiner

Present

Rafael Cabrera

Board Member

Present

Ulysses Garcia

Board Member

Present

Travis Lindsey

Board Member

Present

Adoption of Agenda

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

AYES:                  Sutton, Jimenez, Cabrera, Garcia, Lindsey

A.        Approving of the Minutes

A.1

Civil Service Board - Regular Meeting - February 22, 2022

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

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

AYES:                  Sutton, Jimenez, Cabrera, Garcia, Lindsey

B.        Personnel Matters

            NONE

C.        Military Leaves of Absence

C.1

Jermaine Latimore, Police Officer, requests extension of Active Duty Military Leave without pay through March 15, 2022. The first extension request was through March 1, 2022. Copy of Orders extending leave submitted. (DISCUSSION)

On behalf of the Board, the Chair thanked Officer Latimore for his service, then entertained a motion to approve the extension, which resulted as follows:

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

AYES:                  Sutton, Jimenez, Cabrera, Garcia, Lindsey

D.        Disciplinary Matters

            NONE

E.        General Items

E.1

Copy of a Judgment from Art Noriega V., City Manager, concerning the Appeal Hearing on behalf of Ronald Quintanilla, concerning his Termination, effective August 6, 2021. (NOTIFICATION)

Hearing will be closed and removed from the Board's docket.

E.2

Copy of a Judgment from Art Noriega V., City Manager, concerning the Appeal Hearing and Whistleblower Hearing on behalf of Suzann Nicholson, former Building Services Assistant IV, concerning her Termination, effective May 21, 2021. (NOTIFICATION)

Hearing will be closed and removed from the Board's docket.

E.3

Notification from Chief Manuel Morales, Director, Department of Police, notifying Jermaine Douglas, Police Officer, of the Department's decision to reduce the 10-hour suspension to a Reprimand (CSB#21-01D). (NOTIFICATION)

Hearing will be closed and removed from the Board's docket.

E.4

Copy of a Joint Request to Continue from Zachary L. Riback, Attorney, and Adanna Ferguson, Assistant City Attorney, concerning the Appeal hearing of Nicole Tyler, former Police Officer, as it relates to her Termination, effective February 5, 2020 (CSB#20-03D). (DISCUSSION)

Adanna Ferguson, Assistant City Attorney, appeared on behalf of the Department of Police, stating the reasons for the joint request. Following discussion, the Board granted a joint continuance, which resulted as follows:

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

AYES:                  Sutton, Jimenez, Cabrera, Garcia, Lindsey

F.         Reports

F.1

Hearings Pending List as of March 8, 2022. (NOTIFICATION)

G.        Requests for Hearings

G.1

Copy of a request from David J. Winker, Attorney, on behalf of Suzanne Hollander, former Director of DREAM, concerning an Appeal, Investigation, and Grievance Hearing, pursuant to Civil Service Rules 14, 16.1 and 16.2 Whistleblower (Florida Statue 112.3187), concerning her Termination, effective February 25, 2022. (DISCUSSION)

The Executive Secretary advised the Board of the Attorney Winker’s emailed request to defer the item to next month. Chair Sutton directed the Executive Secretary to reschedule the matter. The item will be rescheduled for the regular Civil Service Board meeting of April 5, 2022.

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

AYES:                  Sutton, Jimenez, Cabrera, Garcia, Lindsey

H.        Today's Hearings

H.1

Appeal Hearing on behalf of Jose A. Hernandez, Beach Operations Supervisor, concerning his 7-day suspension, effective October 14, 2021.


Assistant City Attorney (ACA) Adanna Ferguson appeared before the Board on behalf of the Department.  Libby Navarette, Attorney, Phillips, Richard & Rind, P.A., appeared virtually on behalf of her client, Jose A. Hernandez, Beach Operations Supervisor.

ACA Ferguson advised the Board that the parties in the matter had reached a settlement, and Attorney Naverette concurred. ACA Ferguson advised that once the parties sign an agreement, she will forward a copy to the office.

Following discussion, the Board granted a joint continuance pending settlement, which resulted as follows:

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

AYES:                  Sutton, Jimenez, Cabrera, Garcia, Lindsey


ADJOURNMENT:

There being no further business before the Board, a motion was entered to adjourn the meeting at 10:19 am, which resulted as follows:

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

AYES:                  Sutton, Jimenez, Cabrera, Garcia, Lindsey

 

SIGNATURE: Troy Sutton, Board Chairperson

ATTEST:    Tishria L. Mindingall, Executive Secretary