Minutes: Civil Service Board 004-04-23

City of Miami

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

Meeting Minutes

Tuesday, April 04, 2023
10:00 AM
Commission Chambers

Civil Service Board

Troy Sutton, Chair (At-Large)
Rodrigo Jimenez, Chief Examiner (At-Large)
Rafael Cabrera, Board Member (At-Large)
Ulysses Garcia, Board Member (Elected)
Travis Lindsey, Board Member (Elected)

Pledge of Allegiance

The meeting was called to order at 10:07 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

A.        Approving of the Minutes

A.1

Civil Service Board - Regular Meeting - March 21, 2023, 10:00 AM

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

B.        Personnel Matters

B.1

Copy of a memorandum from Chief of Police Manuel A. Morales, Director, Department of Police, requesting an extension of probationary period of Fernanda Mendoza, Emergency Dispatcher, for nine (9) additional months beyond April 5, 2023. (DISCUSSION)

Following an appearance by Emergency Dispatcher Fernanda Mendoza, Department of Police, the Board entered a motion to GRANT the extension as requested, 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

C.        Military Leaves of Absence

C.1

Sandy Cabana, Police Sergeant, requests extension of Active Duty Military Leave without pay from March 11, 2023 through May 12, 2023. Copy of Orders extending leave submitted. (DISCUSSION)

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

C.2

Matthew Conway, Firefighter, requests re-employment as a Firefighter, following his return from Active Duty Military Leave. Copy of Orders and memorandum from the Army, indicating Honorable Discharge submitted. (DISCUSSION)

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

D.        Disciplinary Matters

E.        General Items

E.1

Findings of Fact concerning the Grievance Hearing of Odney Belfort, Police Sergeant, relative to the 2022 Police Lieutenant Promotional Exam, pursuant to Civil Service Rule 16.2- Complaint by Employee, alleging violation of Civil Service Rules 8.2- Certification from Promotional Competitive Registers and 8.5- Certification from Noncompetitive Registers. (DISCUSSION)

Special Counsel advised the Board, the parties in this matter agreed to the Findings presented today, following discussion the Board entered a motion to APPROVE the Findings, 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

E.2

Copy of a "Motion to Quash Service of Subpoenas," from Theodore A. Avellone, Counsel on behalf of Dionne Richardson and David Roberts, FDOT Employees, concerning the Whistleblower Hearing of Lourdes Blanco, former Executive Director of Miami Sports & Exhibition Authority, regarding her Termination, effective October 25, 2018. (DISCUSSION)

Whistleblower Hearing is scheduled for today.

Ramon Guillen, Attorney, advised the Board he had been in communication with Theodore A. Avellone, Counsel on behalf of Dionne Richardson and David Roberts, FDOT Employees, and request to carry this matter to the meeting of April 5, 2023.

Following discussion, the Board made a motion to TABLE the motion, 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 April 4, 2023. (NOTIFICATION)

G.        Requests for Hearings

H.        Today's Hearings

H.1

Appeal Hearing on behalf of Deontay Parker, Police Officer, concerning his 20-hour suspension, effective November 12, 2021.

ACA Ferguson advised the Board of a request for a continuance submitted via email. Eugene Gibbons, Attorney on behalf of Luis Loureiro, Police Officer, appeared via Zoom.

Following discussion, the Board agreed to GRANT a joint continuance, 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

H.2

Appeal Hearing on behalf of Luis Loureiro, Police Officer, concerning his 20-hour suspension, effective November 12, 2021.

ACA Ferguson advised the Board of a joint request for a continuance. Eugene Gibbons, Attorney on behalf of Luis Loureiro, Police Officer, appeared via Zoom.

Following discussion, the Board agreed to GRANT a joint continuance, 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

H.3

Whistleblower Hearing on behalf of Lourdes Blanco, former Executive Director of the Miami Sports & Exhibition Authority, regarding her Termination, effective October 25, 2018.

Day 1: April 4, 2023

Chair Sutton called for the Whistleblower Hearing on behalf of Lourdes Blanco, former Executive Director of the Miami Arts & Exhibition Authority, regarding a Termination, effective October 25, 2018.

Attorney Ramon Guillen appeared on behalf of Lourdes Blanco, former Executive Director. Adanna Ferguson, Assistant City Attorney appeared on behalf of the City of Miami.

The following witness was sworn in and provided testimony:

  1. Lourdes Blanco, former Executive Director of the Miami Arts & Exhibition Authority

Breaks were taken at: 10:16 am – 10:37 am; 12:41 pm – 1:00 pm

Due to time constraints, the Board recessed for the day.

SIGNATURE: Troy Sutton, Chairperson

ATTEST: Tishria L. Mindingall, Executive Secretary