City of Miami
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Meeting Minutes
Tuesday, June 28, 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 10:12 am, with the Pledge of Allegiance. At commencement of the meeting, attendance was as follows:
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Attendee Name
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Title
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Status
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Troy Sutton
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Chairperson
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Present
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Rodrigo Jimenez
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Chief Examiner
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Remote
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Rafael Cabrera
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Board Member
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Present
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Ulysses Garcia
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Board Member
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Absent
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Travis Lindsey
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Board Member
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Present
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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 Lindsey, seconded by Board Member Cabrera, that this matter be Approved, passed by the following vote:
AYES: Sutton, Jimenez, Cabrera, Lindsey
A. Approving of the Minutes
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A.1
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Civil Service Board - Regular Meeting - June 14, 2022, 10:00 AM
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AYES: Sutton, Jimenez, Cabrera, Lindsey
B. Personnel Matters
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B.1
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Copy of a memorandum from Chief of Police Manuel A. Morales, Director, Department of Police, requesting an extension of probationary period of Yasmine Garate, Emergency Dispatcher Supervisor, for one (1) additional month beyond July 3, 2022. (DISCUSSION)
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Following appearance of the employee and discussion, the Board made a motion to GRANT the request for a continuance, 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, Jimenez, Cabrera, Lindsey
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B.2
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Copy of a memorandum from Chief of Police Manuel A. Morales, Director, Department of Police, requesting an extension of probationary period of Jose Davila Jr., Communications Records Custodian, for one (1) additional month beyond August 18, 2022. (DISCUSSION)
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Following appearance by the employee and discussion, the Board made a motion to GRANT the request for a 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, Lindsey
C. Military Leaves of Absence
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C.1
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Marvin Bravo, Police Sergeant, requests re-employment as a Police Sergeant, following his return from Active Duty Military Leave. Copy of a DD214 from the Army, indicating Honorable Discharge submitted. (DISCUSSION)
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The Board thanked the employee for his service and entered a motion to approve the re-employment as requested, 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, Lindsey
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C.2
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Jose Almeida, Fire Lieutenant, requests re-employment as a Fire Lieutenant, following his return from Active Duty Military Leave. Copy of a memorandum from the Air Force, indicating Honorable Discharge submitted. (DISCUSSION)
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The Board thanked the employee for his service and entered a motion to approve the re-employment as requested, 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, Lindsey
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C.3
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Matthew Conway, Firefighter, requests re-employment as a firefighter following his return from Active Duty Military Leave. Copy of DD214 from the Army, indicating Honorable Discharge submitted. (DISCUSSION)
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The Board thanked the employee for his service and entered a motion to approve the re-employment as requested, 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, Lindsey
D. Disciplinary Matters
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D.1
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Copy of a letter from Chief of Police Manuel A. Morales, Department of Police, notifying Thomas Murray, Police Sergeant, of an 80-hour suspension, effective July 18, 2022. (NOTIFICATION)
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D.2
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Copy of a letter from Chief of Police Manuel A. Morales, Department of Police, notifying Marcel Jackson, Police Sergeant, of a 10-hour suspension, effective June 17, 2022. (NOTIFICATION)
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D.3
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Copy of a letter from Chief of Police Jorge R. Colina, Department of Police, notifying Marvin Bravo, Police Sergeant, of a 20-hour forfeiture, effective June 17, 2022. (NOTIFICATION)
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E. General Items
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E.1
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Copy of a request to continue from Adanna Ferguson, Assistant City Attorney, concerning the Grievance Hearing of Daniel Diaz, Firefighter, pursuant to Civil Service Rule 16.1 - Investigation by the Board, Abuse of Power and 16.2-Complaint by Employee. Daniel Diaz has no objection to the request, (CSB#21-25G). (DISCUSSION). Hearing is scheduled for today.
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Adanna Ferguson, Assistant City Attorney (ACA), appeared on behalf of the Department. Daniel Diaz, Firefighter, appeared on his own behalf. Mr. Diaz advised the Board of his amended request that was submitted which clarifies the grievance he is bringing forth to the Board, versus those issues that are being addressed through arbitration via the IAFF Collective Bargaining Agreement. ACA Ferguson advised the Board that Mr. Diaz elected to bring forth his grievance through Civil Service and believes the issues are interrelated. ACA Ferguson also asked if the hearing could be rescheduled for July 12, 2022. Following discussion, a motion was made to GRANT the department’s continuance, which resulted as follows:
Motion by Board Member Cabrera, seconded by Board Member Lindsey, that this matter be Approved, passed by the following vote:
AYES: Sutton, Jimenez, Cabrera, Lindsey
F. Reports
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F.1
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Hearings Pending List as of June 28, 2022. (NOTIFICATION)
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G. Requests for Hearings
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G.1
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Copy of a request from Griska Mena, Attorney, on behalf of Brandon Lanier, Commander and Wanda Jean-Baptiste, Police Officer, concerning an Investigation Hearing pursuant Civil Service Rule 16.1 and 16.2 Whistleblower in accordance with Florida Statute 112.3187, relative to an ongoing Corruption Involving Miami Police Chief Manuel Morales. (DISCUSSION)
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Attorney Mena appeared before the Board and reiterated her request on behalf of the employees. Assistant City Attorney Adanna Ferguson appeared on behalf of the Department and confirmed that the City does not object to the request based on the provisions of the Statute. Following discussion, a motion was made to GRANT the request, which resulted as follows:
Motion by Board Member Cabrera, seconded by Board Member Lindsey, that this matter be Approved, passed by the following vote:
AYES: Sutton, Jimenez, Cabrera, Lindsey
H. Today's Hearings
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H.1
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Grievance Hearing on behalf of Daniel Diaz, Firefighter, pursuant to Civil Service Rule 16.1- Investigation by the Board, Abuse of Power and 16.2-Complaint by Employee.
Hearing of Appeal was continued at today’s meeting (refer to Item E.1)
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H.2
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Appeal Hearing on behalf of Ryan Michel, Police Officer, concerning a 10-hour suspension, effective September 27, 2021.
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Adanna Ferguson, Assistant City Attorney, advised the Board that since she is unable to appear in person, she is requesting a continuance in this matter. Griska Mena, Attorney, on behalf of Ryan Michel, Police Officer, expressed no objection to the continuance request.
Following discussion, the Board made a motion to GRANT the request for a continuance, 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, Jimenez, Cabrera, Lindsey
ADJOURNMENT:
There being no further business before the Board, a motion was entered to adjourn the meeting at 10:29 am, 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, Lindsey, Garcia
SIGNATURE: Troy Sutton, Chairperson
ATTEST: Tishria L. Mindingall, Executive Secretary