City of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Meeting Minutes Tuesday, July 19, 2005 10:00 AM Commission Chambers Civil Service Board Miguel de la, Chairman William J. Scarola, Chief Examiner Jorge L. Garcia, Member Florene L. Nichols, Member Mariano Cruz, Member
PLEDGE F ALLEGIANCE APPRVING THE MINUTES F: Regular Meeting of July 5, 2005. The meeting was called to order at 10:08 a.m. Present: Member Nichols, Member Garcia, Member Cruz, Member Scarola and Chairperson de la PERSNNEL MATTERS MILITARY LEAVE F ABSENCE DISCIPLINARY MATTERS Motion by Member Scarola, seconded by Member Cruz, to APPRVED PASSED by the following vote. D.1 05-00718 DISCUSSIN ITEM Copy of a letter from Chief John F. Timoney, Director, Department of Police, notifying Ricardo Fernandez, Police Sergeant, of a twenty (20) hour suspension, effective June 28, 2005, and copy of a memorandum from Ricardo Fernandez requesting a hearing of appeal relative to his 20-hour suspension. A hearing will be scheduled in accordance with Civil Service Rules and Regulations. RECEIVED AND FILED D.2 05-00719 DISCUSSIN ITEM Copy of a letter from Chief John F. Timoney, Director, Department of Police, notifying Marie H. Angrand, Crime Scene Investigator I, of a forfeiture of eight (8) hours of earned overtime, effective July 8, 2005, and copy of a memorandum from Marie H. Angrand requesting a hearing of appeal relative to her 8-hour forfeiture. A hearing has been scheduled for November 22, 2005. RECEIVED AND FILED D.3 05-00724 DISCUSSIN ITEM Receipt from the Fire-Rescue Department of three (3) Unsatisfactory Service Ratings for the period ending June 2005. Hearings have been scheduled accordingly. RECEIVED AND FILED City of Miami Page 2
GENERAL ITEMS E.1 05-00725 DISCUSSIN ITEM Copy of Findings of Fact concerning the appeal hearing of Gerard Cineus. Motion by Member Scarola, seconded by Member Garcia, that this matter be APPRVED E.2 05-00726 DISCUSSIN ITEM Copy of Findings of Fact concerning the appeal hearing of Jacqueline Mesidor. Motion by Member Scarola, seconded by Member Garcia, that this matter be APPRVED E.3 05-00727 DISCUSSIN ITEM Copy of Findings of Fact concerning the appeal hearing of Ricardo Chavez. The Board approved the Findings of Fact as amended. Motion by Member Scarola, seconded by Member Garcia, that this matter be APPRVED Teri Guttman-Valdes, Attorney at Law on behalf of fficer Ricardo Chavez, appeared before the Board and stated that the Board may recall that her client was found guilty of only one defense and the Board recommended that fficer Chavez' 20-hour suspension be reduced to a written reprimand. She went on to say that in reviewing the Findings of Fact, there was one uncontested fact that she and her client believed should be included in the Board's recommendation to the City Manager. Attorney Guttman-Valdes further stated that at the time fficer Chavez called his supervisor to advise that he would be sick, he had been working for 56 hours and they feel that this is an uncontested, relevant fact that should be included in the Findings for the City Manager's consideration. She stated that she thinks this goes to the reason why this matter was mitigated. Chairman de la asked if anyone wished to make a motion to include the fact into the Findings that was expressed by Attorney Guttman-Valdes. Elsa I. Jaramillo-Velez, Assistant City Attorney, ffice of the City Attorney, appeared before the Board and stated that she wished to say something on the record reference the Findings of Fact. She went on to say that if the Board approves a motion to include Attorney Guttman-Valdes' fact into the Findings, she would ask that the Findings also reflect that fficer Chavez had at least 12 hours to rest from the time he got off from work [6:00 a.m.] until the time he would begin work [some time around 6:00 p.m.]. Chairman de la asked if the City wanted to add into the Findings that fficer Chavez was asked by his superior not to call in "I" [sick]. Assistant City Attorney Jaramillo-Velez stated that she believed this fact was already included in City of Miami Page 3
the Findings. E.4 05-00732 DISCUSSIN ITEM Chairman de la stated that the fact was listed in the charging document, but he did not see it included in the Findings of Fact. Assistant City Attorney Jaramillo-Velez read a portion of the Findings of Fact that she felt related to fficer Chavez' superior asking him not to call in "I". Chairman de la asked Special Counsel Valentine why was there two Findings of Fact sections. Mark A. Valentine, Special Counsel to the Board, responded that there was only one section. He went on to say that what he did in the first portion of the Findings on page 1 was a restatement of the allegations. Chairman de la asked if this was listed as a finding of fact. Special Counsel Valentine responded in the negative. Chairman de la stated that he thought it was a recap. Special Counsel Valentine stated that the first part is just a restatement of the charges. Chairman de la stated that the document indicates "Finding of Fact:" at the top of the page. Special Counsel Valentine stated that it is misleading and should be removed. Chairman de la stated that he thinks that is why Assistant City Attorney Jaramillo-Velez thinks that it is a part of the Findings of Fact and he thought it was not. Special Counsel Valentine stated that on page 1 of the Findings of Fact is a recitation of the actual charges. He went on to say that on page 2, there was an actual finding made by the Board. Assistant City Attorney Jaramillo-Velez stated that she would agree that the language pertaining to fficer Chavez' superior asking him not to call in "I" should be reflected in the findings. Following discussion, Member Cruz made a motion, which was seconded by Member Garcia to include the following three facts into the Findings of Fact: 1) At the time fficer Chavez advised his superior that he would be "I", he had worked 56 hours. 2) fficer Chavez would have had at least 12 hours to sleep prior to returning to duty. 3) fficer Chavez was asked by his superiors not to call in "I". The motion was unanimously (5-0) approved by the Board. Copy of Findings of Fact concerning the appeal hearing of Lashuan Vinson. The Executive Secretary informed the Board that Attorney Ronald J. Cohen sent notice, via letter, that he had no objection to the Findings of Fact concerning his client, fficer Lashaun Vinson. Motion by Member Cruz, seconded by Member Garcia, that this matter be APPRVED City of Miami Page 4
REPRTS F.1 05-00720 REPRT REQUESTS FR HEARINGS TDAY'S HEARINGS Notification of Pending Hearings as of July 19, 2005. PRESENTED H.1 05-00728 HEARINGS Hearing of appeal on behalf of Frank Pichel, Police Sergeant, relative to his 120-hour suspension, effective March 14, 2005. The Board entered into the scheduled hearing of appeal on behalf of Francisco [Frank] Pichel, Police Sergeant, relative to his 120-hour suspension, effective March 14, 2005. Elsa I. Jaramillo-Velez, Assistant City Attorney, ffice of the City Attorney, appeared before the Board and stated that she was ready to proceed with her case today. The Executive Secretary informed the Board that Sgt. Pichel was not present and she did not understandy why. She went on to say that they [?] did have discussion about the investigation that is currently being conducted by the City Manager and whether or not, in that light, continue the hearing, but this would be up to the Board's decision. Chairman de la stated that he had nothing to say on this matter, but he would be glad to mediate or run the hearing. Member Scarola stated that it has been the Board's practice to place Civil Service cases on hold whenever there is an ongoing investigation being conducted by an outside source and once the investigation is completed, the pending case before the Board could be heard. Member Cruz asked if this was the first continuance requested on this case. The Executive Secretary answered in the affirmative. Following discussion, a motion to continue Sgt. Pichel's hearing was adopted by the Board. Motion by Member Scarola, seconded by Member Garcia, that this matter be CNTINUED Votes: Ayes: Member Nichols, Member Garcia, Member Cruz and Member Scarola Abstained: Chairperson de la Following the Board's approved motion to continue Sgt. Pichel's appeal hearing, Assisant City Attorney Jaramillo stated that she thinks the Board should always maintaini its consistency when it decides to continue cases, in particular those cases involving investigations being conducted by entities other than the Board. She went on to say that in the matter of Sgt. Suarez, Police fficers Perera, Baro and Serpa, which deals with Assistant Police Chief Vega's identity theft, the Commission on Ethics and the City were conducting investigations, but the Civil Service Board denied her request for a continuance. Assistant City Attorney Jaramillo-Velez further stated that the City's investigation is complete, but the investigation being conducted by the Commission on Ethics is not. She stated that the Civil Service Board's investigation into the case of Sgt. Roberto Suarez, et.al is scheduled on November 8-9; however, her main concern is that the Board always maintain a consistency of the same ruling when there is another investigation City of Miami Page 5
H.2 05-00729 HEARINGS H.3 05-00730 HEARINGS in process. Assistant City Attorney Jaramillo-Velez further stated that she would ask that a motion be made to continue the case of Sgt. Roberto Suarez, et.al if the Commission on Ethics is not complete with its investigation. Chairman de la suggested that this matter of continuing the case of Sgt. Suarez, et. al be reconsidered at a later date. Hearing on behalf of Anthony Escoto, Fire Fighter, relative to his Unsatisfactory Service Rating for the period ending June 2005. The Board entered into the scheduled hearing on behalf of Anthony Escota, Fire Fighter, relative to his unsatisfactory service rating for the period ending June 2005, Elsa I. Jaramillo-Velez, Assistant City Attorney, represented the City. Anthony Escota, Fire Fighter, represented himself. [Raul Fernandez, Vice President, Fire Fighter Local 587, advised that he was present to represent Fire Fighter Escota; however, it should be noted that the employee can only represent himself or be represented by a licensed, practicing attorney]. Chairman de la asked the City if it had anything to say with regards to Fire Fighter Escota's unsatisfactory service rating. Assistant City Attorney Jaramillo-Velez answered in the negative. She went on to say that the unsatisfactory service rating was based on the Fire-Resue Department's departmental orders which indicates that if an employee receives disciplinary action resulting in a penalty of 96 hours or more that they automatically receive an unsatisfactory service rating. Chairman de la asked if the City was asking for anything in addition to the unsatisfactory service rating. Assistant City Attorney Jaramillo-Velez answered in the negative. Chairman de la asked Fire Fighter Escota if there was something he wished to say on this matter. Fire Fighter Escota answered in the negative. Following discussion, the Board adopted a motion to approve the Unsatisfactory Service Rating of Fire Fighter Escota without futher action. Motion by Member Scarola, seconded by Member Garcia, that this matter be APPRVED Hearing on behalf of Edward Diez, Fire Fighter, relative to his Unsatisfactory Service Rating for the period ending June 2005. The Board entered into the scheduled hearing on behalf of Edward Diez, Fire Fighter, relative to his unsatisfactory service rating for the period ending June 30, 2005. Elsa I. Jaramillo-Velez, Assistant City Attorney, represented the City. City of Miami Page 6
Edward Diez, Fire Fighter, represented himself. Chairman de la asked if the City had anything to say on the matter of Fire Fighter Diez' unsatisfactory service rating. Assistant City Attorney Jaramillo-Velez answered in the negative. She went on to say that this is the same issue of Fire Fighters receiving disciplinary action resulting in a penalty of 96 hours or more that she previously informed the Board about in the case of Fire Fighter Escota. Assistant City Attorney Jaramillo-Velez further stated that because Fire Fighter Diez' disciplinary action resulted in a penalty of 96 hours or more, he automatically received an unsatisfactory service rating, Chairman de la asked Assistant City Attorney Jaramillo-Velez if she was asking for anything else regarding this case. Assistant City Attorney Jaramillo-Velez answered in the negative. Chairman de la asked Fire Fighter Diez if there was anything he wished to say on this matter. Fire Fighter Diez answered in the negative. Following discussion, the Board adopted a motion to approve the unsatisfactory service rating of Fire Fighter Edward Diez without further action. Motion by Member Scarola, seconded by Member Garcia, that this matter be APPRVED ADJURNMENT: The meeting adjourned at 10:18 a.m. Motion by Member Garcia, seconded by Member Cruz, to APPRVED PASSED by the following vote. SIGNATURE: Miguel de la, Chairman ATTEST: Tishria L. Mindingall, Executive Secretary City of Miami Page 7