Minutes: Civil Service Board 06-15-21

A.1

Civil Service Board - Regular Meeting - Jun 1, 2021 10:00 AM

B.1

Copy of a memorandum from Chief Joseph E. Zahralban, Director, Department of Fire Rescue, requesting an extension of probationary period of Sabrina Sanchez, Emergency Dispatcher, six (6) additional months beyond June 29, 2021. (DISCUSSION)

C.1

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

C.2

Alain Etienne, Police Officer, requests re-employment as a Police Officer following his return from Military Leave. Copy of his DD214 indicating Honorable Discharge from the Army submitted. (DISCUSSION)

C.3

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

C.4

Jimmy Rodriguez, Police Officer, requests extension of Active Duty Military Leave without pay through July 30, 2021. Records reflect his original request for Military Leave was through May 20, 2021. Copy of Orders extending leave submitted. (DISCUSSION)

C.5

Katherine Triana Vasquez, Police Officer, requests extension of Active Duty Military Leave without pay through July 31, 2021. Records reflect her previous approved extension request for Military Leave was through May 10, 2021. Copy of Orders extending leave submitted. (DISCUSSION)

D.1

Copy of a letter from Chief Joseph F. Zahralban, Director, Department of Fire Rescue, notifying Luis Martinez, Firefighter, of a 24-hour forfeiture, effective March 29, 2021. (NOTIFICATION)

E.1

Copy of a Motion from Adanna Ferguson, Assistant City Attorney, regarding the Chief Examiners' Investigation, concerning the Investigation hearing pursuant to Civil Service Rule 16.2- Complaint by Employee, Abuse of Power of Nelso Garcia, Superintendent of Property Maintenance in GSA, and Civil Service Rule 14.2 (h), (I), (k), and (r). (DISCUSSION)

E.2

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)

F.1

Hearings Pending List as of June 15, 2021. (NOTIFICATION)

G.1

Copy of a request for a Grievance hearing from Nerly Papier, NET Commander, pursuant Civil Service Rule 16.2 - Complaint by Employee, alleging a violation of Civil Service Rule 8.13 - Change of Status to Unclassified Service. (DISCUSSION)

Chair Sutton indicated in all fairness, although both items G.1 and G.2 is concerning the same issue and discussion will be the same, the Board will treat each matter separately.

Eugene Gibbons, Attorney, appeared before the Board on behalf of Nerly Papier, NET Commander, seeking a hearing pursuant to Civil Service Rule 16.2 – Complaint by Employee, alleging a violation of Civil Service Rule 8.13 – Change of Status to Unclassified Service and Sec. 40-94 of the City Code.

Attorney Gibbons, explained to the Board pursuant to Rule 8.13, Commander Papier, submitted a request to voluntary return to her previous classified position in accordance with the Rule which states the following, “Any employee of the City of Miami who holds permanent Civil Service status and is appointed or assigned as a Director of a Department or to any other position in the unclassified service, shall be returned to the rank from which said employee has been promoted under personal request of the employee or when said unclassified service employment ceases, or when said employee is removed from said unclassified service employment. Seniority credits in the permanent Civil Service classification held by such employees shall accrue…….”Attorney Gibbons went on to say that Commander Papier made the request several times and the City has refused to recognize her Civil Service rights to return to her former classification. Attorney Gibbons asked the Board to make a Finding today, pursuant to Rule 16 and submit a report to the City Manager.

Chair Sutton asked for the department’s response. ACA Ferguson replied that the City’s position is that the employee is not entitled to a hearing and objects to the requests before the Board. She went on to explain that as an unclassified employee Commander Papier is not entitled to a hearing. ACA Ferguson asked that the requests be denied.

Questions were posed by Member Cabrera, Member Jimenez, Member Lindsey and Member Garcia.

In response, Attorney Gibbons advised the Board that no discipline has been issued; therefore, his clients shall be returned to their former classification, effective May 24, 2021, the date in which the request was initially made. A copy of said request was provided to Board members.

ACA Ferguson reiterated the City’s position, adding that Commander Papier was relieved of duty and she has no entitlement. She went on to explain that the requests were made because there is an intent to issue discipline and [therefore, she is not entitled to return due to] Section 1.15 of the Civil Service Rules, which states “Return to Former Classification is a reversion to a classification in which the employee held status prior to promotion, advancement, change in classification, or appointment to the unclassified service, due to voluntary request or other reason not involving discipline”. She continued that Commander Nerly Papier became aware of Internal Affairs recommendation and at that point submitted the request pursuant to 8.13.

Attorney Gibbons responded that Section 1.15 is a definition and is totally inapplicable. ACA Ferguson informed the Board that Commander Papier was served with a discipline in the form of “relief of duty,” on May 18, 2021.

Reginald Clyne, Special Counsel, opined that under Rule 16.1, the Board has a right to investigate and make a report thereof to the Director of the Department and the City Manager. He added that under Rule 16.2, based upon the Board’s investigative function, the Board has a right to conduct a preliminary investigation on the “same day,” if it was noticed.

Having reviewed the request and argument of counsel, the Board considered a motion to grant the requests and confirmed the rights of the employees under Rule 8.13 and Code Sec. 40-94, to return to their former classes as requested. The motion resulted as follows:

G.2

Copy of a request for a Grievance hearing from Ronald L. Papier, Deputy Chief of Police, pursuant Civil Service Rule 16.2 - Complaint by Employee, alleging a violation of Civil Service Rule 8.13 - Change of Status to Unclassified Service. (DISCUSSION)

Eugene Gibbons, Attorney, appeared before the Board on behalf of Ronald L. Papier, Deputy Chief of Police, seeking a hearing pursuant to Civil Service Rule 16.2 – Complaint by Employee, alleging a violation of Civil Service Rule 8.13 – Change of Status to Unclassified Service and Sec. 40-94.

Attorney Gibbons, explained to the Board pursuant to Rule 8.13, Deputy ChiefPapier, submitted a request to voluntary return to his previous classified position in accordance with the Rule which states the following, “Any employee of the City of Miami who holds permanent Civil Service status and is appointed or assigned as a Director of a Department or to any other position in the unclassified service, shall be returned to the rank from which said employee has been promoted under personal request of the employee or when said unclassified service employment ceases, or when said employee is removed from said unclassified service employment. Seniority credits in the permanent Civil Service classification held by such employees shall accrue…….”Attorney Gibbons went on to say that Deputy Chief Papier made the request several times and the City has refused to recognize his Civil Service rights to return to his former classification. Attorney Gibbons asked the Board to make a Finding today, pursuant to Rule 16 and submit a report to the City Manager.

Chair Sutton asked for the department’s response. ACA Ferguson replied that the City’s position is that the employee is not entitled to a hearing and objects to the requests before the Board. She went on to explain that as an unclassified employee Deputy Chief Papier is not entitled to a hearing. ACA Ferguson asked that the requests be denied.

Questions were posed by Member Cabrera, Member Jimenez, Member Lindsey and Member Garcia.

In response, Attorney Gibbons advised the Board that no discipline has been issued; therefore, his clients shall be returned to their former classification, effective May 24, 2021, the date in which the request was initially made. A copy of said request was provided to Board members.

ACA Ferguson reiterated the City’s position, adding that Deputy Chief Papier was relieved of duty and he has no entitlement. She went on to explain that the requests were made because there is an intent to issue discipline and [therefore, he is not entitled to return due to] Section 1.15 of the Civil Service Rules, which states “Return to Former Classification is a reversion to a classification in which the employee held status prior to promotion, advancement, change in classification, or appointment to the unclassified service, due to voluntary request or other reason not involving discipline”. She continued that Deputy Chief Papier became aware of Internal Affairs recommendation and at that point submitted the request pursuant to 8.13.

Attorney Gibbons responded that Section 1.15 is a definition and is totally inapplicable.ACA Ferguson informed the Board that Deputy Chief Papier was served with a discipline in the form of “relief of duty,” on May 18, 2021.

Reginald Clyne, Special Counsel, opined that under Rule 16.1, the Board has a right to investigate and make a report thereof to the Director of the Department and the City Manager. He added that under Rule 16.2, based upon the Board’s investigative function, the Board has a right to conduct a preliminary investigation on the “same day,” if it was noticed.

Having reviewed the request and argument of counsel, the Board considered a motion to grant the requests and confirmed the rights of the employees under Rule 8.13 and Code Sec. 40-94, to return to their former classes as requested. The motion resulted as follows:

H.1

Hearing of Appeal on behalf of Intiraymi Figueroa, Police Sergeant, concerning his 160-hour suspension, effective June 25, 2020.

The Board entered into the scheduled Appeal hearing on behalf of Intiraymi Figueroa, Police Sergeant. The Appellant represented himself. The Department of Police was represented by Adanna Ferguson, Assistant City Attorney (ACA), Office of the City Attorney.

Reginald Clyne, Special Counsel, Civil Service Board, provided instructions on the hearing process.

ACA Ferguson provided opening statements. Sergeant Figueroa provided opening statements.Each party provided copies of their exhibits to the other and the Board for review. Questions were posed by Member Jiménez and Member Garcia.

Prior to calling witnesses, the parties took a break to meet. Upon return from the break, ACA Ferguson advised the Board that the parties reached an amicable resolution and the settlement agreement will be drafted and sent to Sergeant Figueroa for his signature. She advised that once finalized, a copy of the executed agreement will be forwarded to the Civil Service Board Office.