Minutes: Civil Service Board 05-04-21

City of Miami

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

Meeting Minutes

Tuesday, March 09, 2021
10:00 AM
Commission Chambers

Civil Service Board

Troy Sutton, Chairperson
Rafael Cabrera, Board Member
Rodrigo Jimenez, Board Member

Pledge of Allegiance

The meeting was called to order at 10:11 am, with the Pledge of Allegiance. At commencement of the meeting, attendance was as follows:

Attendee Name

Title

Status

Troy Sutton

Chairperson

Present

Rafael Cabrera

Board Member

Present

Rodrigo Jimenez

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

AYES:                  Sutton, Cabrera, Jimenez

A.        Approving of the Minutes

A.1

Civil Service Board - Regular Meeting - February 23, 2021 10:00 AM

 

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

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

AYES:                  Sutton, Cabrera, Jimenez,

A.2

Civil Service Board - Special Meeting - Mar 2, 2021 9:30 AM

 

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

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

AYES:                  Sutton, Cabrera, Jimenez

B.        Personnel Matters

C.        Military Leaves of Absence

C.1

Michael Rivera, Police Officer, requests re-employment as a Police Officer, following his return from Military Leave. Copy of memorandum from the Army indicating Honorable Discharge submitted. (DISCUSSION)

 

The Board entered a motion to approve the return as a Police Officer as requested and thanked the employee for his service.

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

AYES:                  Sutton, Cabrera, Jimenez

C.2

Matthew Conway, Firefighter, requests re-employment as a Firefighter following his return from Military Leave. Copy of memorandum from the Army submitted. (DISCUSSION)

 

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

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

AYES:                  Sutton, Cabrera, Jimenez,

C.3

Michelangelo Rojas, Police Lieutenant, requests extension of Active Duty Military Leave without pay through August 16, 2021. Records reflect his original request for Military Leave was through March 10, 2021. Copy of Orders extending leave were submitted. (DISCUSSION)

 

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

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

AYES:                  Sutton, Cabrera, Jimenez

C.4

Gabino Soto, Fire Lieutenant, requests Active Duty Military Leave without pay from June 20, 2020 for a period of 365 days. Copy of Orders submitted. (DISCUSSION)

 

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

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

AYES:                  Sutton, Cabrera, Jimenez

D.        Disciplinary Matters

D.1

Copy of a letter from Chief Jorge R. Colina, Director, Department of Police, notifying Leandro Abad Jr., Police Officer, of a 20-hour suspension, effective March 7, 2021. (NOTIFICATION)

 

D.2

Copy of a letter from Chief Jorge R. Colina, Director, Department of Police, notifying Imani Davis, Police Officer, of a 10-hour suspension, effective March 14, 2021. (NOTIFICATION)

 

E.        General Items

F.         Reports

F.1

Hearings Pending List as of March 9, 2021. (NOTIFICATION)

 

G.        Requests for Hearings

H.        Today's Hearings

H.1

Hearing of Appeal on behalf of Xiao-Wen Michelle Choi, Principal Staff Analyst, concerning her demotion, effective November 14, 2017. Continued from the meeting of March 2, 2021.

 

Day 9: March 9, 2021

The Board resumed the hearing of appeal on behalf of Xio-Wen Michelle Choi, Principal Staff Analyst, concerning her demotion, effective November 14, 2017.

The Appellant was represented by Charles Mays, Attorney, Charles Mays, P.A. The Miami Police Department was represented by Adanna Ferguson, Assistant City Attorney, Office of the City Attorney. 

Witnesses testifying at the request of the Department appeared in the following order:

  1. Continuation of direct examination of Xio-Wen Michelle Choi, Principal Staff Analyst. Questions were posed by Members Cabrera, Jimenez, and Sutton.

  2. Erica Pascual-Darling, Director, Department of Finance (appeared via telephone).

Appellant rested.

Due to the lateness of the day, the Board agreed to schedule closing arguments for March 23, 2021.

ADJOURNMENT:

Breaks were taken at: 11:35am – 11:48am; 1:38pm – 1:52pm; 4:01pm – 4:08pm

Lunch was taken at: 11:53am – 12:43pm

There being no further business before the Board, a motion was entered to adjourn the meeting at 2:00 pm, which resulted as follows:

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

AYES:                  Sutton, Cabrera, Jimenez

SIGNATURE: Troy Sutton, Chairperson

ATTEST: Tishria L. Mindingall, Executive Secretary