Minutes: Civil Service Board, April 30, 2024

City of Miami

3500 Pan American Drive
Miami, FL  33133

www.miamigov.com

  

Meeting Minutes

 

Tuesday, April 30, 2024

 

10:00 AM

 

Commission Chambers

 

 

 

 

 

 

Civil Service Board

 

Troy Sutton, Chairperson

Rodrigo Jimenez, Chief Examiner

Rafael Cabrera, Board Member

Ulysses Garcia, Board Member

Wilbur Jackson Jr., Board Member


 

Pledge of Allegiance

The meeting was called to order at 10:19 am, with the Pledge of Allegiance.  At commencement of the meeting, attendance was as follows:

 

Attendee Name

Title

Status

Arrived

Troy Sutton

Chairperson

Present

 

Rodrigo Jimenez

Chief Examiner

Present

10:23 AM

Rafael Cabrera

Board Member

Present

 

Ulysses Garcia

Board Member

Present

 

Wilbur M. Jackson, Jr.

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

AYES:                  Sutton, Jimenez, Garcia, Jackson, Jr.

 

A.        Approving of the Minutes

A.1

Civil Service Board - Regular Meeting - April 16, 2024

Motion by Board Member Jackson, Jr., seconded by Board Member Garcia, that this matter be Approved, passed by the following vote:

AYES:                  Sutton, Jimenez, Garcia, Jackson, Jr.

 

B.        Personnel Matters

B.1

Copy of a memorandum from Chief Manuel A. Morales, Director, Department of Police, requesting an extension of probationary period of Jacqueline Banks, Police Officer, for twelve (12) additional months beyond May 26, 2024. (DISCUSSION)

 

Following an appearance by Jacqueline Banks, Police Officer, Department of Police, the Board entered a motion to GRANT the extension as requested, which resulted as follows:

 

Motion by Board Member Jackson, Jr., seconded by Board Member Garcia, that this matter be Approved, passed by the following vote:

AYES:                  Sutton, Jimenez, Cabrera, Garcia, Jackson, Jr.

 

B.2

 

Copy of a memorandum from Chief Manuel A. Morales, Director, Department of Police, requesting an extension of probationary period of George Valdez, Police Officer, for one (1) additional month beyond July 19, 2024. (DISCUSSION)

 

Following an appearance by George Valdez, Police Officer, Department of Police, the Board entered a motion to GRANT the extension as requested, which resulted as follows:

Motion by Board Member Jackson, Jr., seconded by Board Member Garcia, that this matter be Approved, passed by the following vote:

AYES:                  Sutton, Jimenez, Cabrera, Garcia, Jackson, Jr.

 

C.        Military Leaves of Absence

C.1

Steven Miro, Special Advisor, requests Military Leave without pay from April 27, 2024 through May 31, 2024. Copy of Orders submitted. (DISCUSSION)

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

AYES:                  Sutton, Jimenez, Cabrera, Garcia, Jackson, Jr.

 

C.2

 

Alfredo Soler, Assistant Supervisor of Payroll, requests re-employment as an Assistant Supervisor of Payroll, following his return from Military Leave. Copy of his Discharge Orders submitted. (DISCUSSION)

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

AYES:                  Sutton, Jimenez, Cabrera, Garcia, Jackson, Jr.

 

D.        Disciplinary Matters

D.1

Copy of a letter from Robert Santos-Alborna, Director, Code Compliance Department, notifying LaSonya Bailey, Code Compliance Inspector, of a 40-hour suspension, effective April 10, 2024 and a request to Appeal from Inspector LaSonya Bailey. (NOTIFICATION)

 

D.2

Copy of a letter from Chief Joseph F. Zahralban, Director, Department of Fire Rescue, notifying Alberto Hoyos, Fire Captain, of 24-hour forfeiture, effective November 20, 2023. (NOTIFICATION)

 

E.        General Items

E.1

Status update concerning the Appeal Hearing of Hector Macias De Coro, former Grounds Tender (DISCUSSION)Hearing of Appeal is scheduled for May 14, 2024.

The Executive Secretary advised the Board of an email received from Stephanie Panoff, Chief of Labor Division, City Attorney’s Office, notifying the Board that she will proceed with the hearing of Hector Macias De Coro; however, she will have to leave early. The Board made a note of it.

 

F.         Reports

F.1

Hearings Pending List as of April 30, 2024. (NOTIFICATION)

 

G.        Requests for Hearings

            None

H.        Today's Hearings

H.1

Unsatisfactory Service Rating Hearing of Tashara Alleyne, Police Sergeant, relative to Civil Service Rule 13.2, concerning her Annual Evaluation period ending September 19, 2023.

Jasmine Preston O'Neil, Assistant City Attorney, advised the Board of a joint request for continuance concerning the Unsatisfactory Service Rating hearing of Tashara Alleyne, Police Officer. Griska Mena, Attorney on behalf of the employee, previously expressed concurrence with the request.

Following discussion, the Board made a motion to GRANT the joint continuance, which resulted as follows:

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

AYES:                  Sutton, Jimenez, Cabrera, Garcia, Jackson, Jr.

 

 

H.2

 

 

Appeal Hearing on behalf of Lizlinda Bremer, Police Sergeant, concerning her 10-hour suspension, effective March 19, 2023.

Jasmine Preston O'Neil, Assistant City Attorney, advised the Board of a request for continuance concerning the Appeal hearing of Lizlinda Bremer, Police Officer. Eugene Gibbons, Attorney, appeared via Zoom and expressed no objection to the continuance request.

Following discussion, the Board made a motion to GRANT the department's continuance, which resulted as follows:

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

AYES:                  Sutton, Jimenez, Cabrera, Garcia, Jackson, Jr.

 

H.3

 

Appeal Hearing on behalf of Richard Abraham, former Waste Collector Operator I, concerning his two Terminations, effective June 9, 2023.

Chair Sutton called for the Hearing of Appeal on behalf of Richard Abraham, former Waste Collector Operator I and asked if he was present. The Executive Secretary responded in the negative.

Chair Sutton asked the Executive Secretary to put on record how the Board notified Mr. Abraham of his hearing today The Executive Secretary responded that a scheduling letter was mailed both regular and certified, an email was sent to the address provided by Mr. Abraham and staff called the phone number he listed on his Request for Hearing Form.

Chair Sutton advised that both Appeals are scheduled for today and in accordance with Civil Service Rule 14.7 – Failure of Parties to Appear, the hearing will proceed.

 

Jasmine Preston O’Neil, Assistant City Attorney represented the Department. In an effort of efficiency, ACA Preston O’Neil requested to consolidate the testimony of the witnesses as it relates to the Appellant’s termination hearings (CSB #23-13D-a and #23-13D-b). Following discussion, the Board entered a motion to consolidate the testimony and exhibits for both appeals and to separate the rulings and Findings for each appeal, which resulted as follows:

 

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

AYES:                  Sutton, Jimenez, Cabrera, Garcia, Jackson, Jr.

 

HEARING PHASE:

 

Opening statements were made by ACA Preston O’Neil. Richard Abraham (Appellant), failed to appear for the hearings.

 

The following witnesses appeared at the request of the Department, were sworn in, and provided testimony:

 

  1. Katie Grate, Assistant Director, Department of Solid Waste. Questions and comments were posed by Chair Sutton, Member Jackson Jr, Member Garcia.
  2. Darryl Gunder, Sanitation Supervisor, Department of Solid Waste.

 

The Department rested. Following review of testimony and exhibits, the Board entered into deliberations.

 

Following discussion, the Board entered a motion to find that Mr. Abraham received sufficient notice to appear, which resulted as follows:

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

AYES:                  Sutton, Jimenez, Cabrera, Garcia, Jackson, Jr.

 

 

The Board entered a motion to rule on the charges at once, rather than one at a time as it relates to CSB #23-13D-a, which resulted as follows:

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

AYES:                  Sutton, Jimenez, Cabrera, Garcia, Jackson, Jr.

 

Having combined the charges, the Board entered a motion to find appellant GUILTY of all charges as cited in the charging document concerning CSB #23-13D-a, which resulted as follows:

Motion by Board Member Jackson Jr., seconded by Board Member Garcia, that this matter be Approved, passed by the following vote:

AYES:                  Sutton, Jimenez, Cabrera, Garcia, Jackson, Jr.

 

Following discussion, the Board entered a motion to rule on the charges at once, rather than one at a time as it relates to CSB #23-13D-b, which resulted as follows:

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

AYES:                  Sutton, Jimenez, Cabrera, Garcia, Jackson, Jr.

 

Having combined the charges, the Board entered a motion to find appellant GUILTY of all charges as cited in the charging document concerning CSB #23-13D-b, which resulted as follows:

Motion by Board Member Jackson Jr., seconded by Board Member Garcia, that this matter be Approved, passed by the following vote:

AYES:                  Sutton, Jimenez, Cabrera, Garcia, Jackson, Jr.

 

 

PENALTY PHASE:

 

Having found Appellant guilty of all the charges, the Board entered into deliberations regarding the recommended penalty. Following, discussion, a motion was made to recommend that the City Manager SUSTAIN both Terminations concerning CSB #23-13D-a and 23-13D-b, imposed by the department director, which resulted as follows:

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

AYES:                  Sutton, Jimenez, Cabrera, Garcia, Jackson, Jr.

 

 

 

ADJOURNMENT:

 

A break was taken at: 10:30 am – 10:40 am 

 

There being no further business before the Board, a motion was entered to adjourn the meeting at 11:22 am, which resulted as follows:

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

AYES:                  Sutton, Jimenez, Cabrera, Garcia, Jackson, Jr.

 

 

 

 

SIGNATURE:

Troy Sutton, Chairperson

 

 

 

ATTEST:

Tishria L. Mindingall, Executive Secretary