Minutes: Civil Service Board, May 14, 2024

City of Miami

3500 Pan American Drive
Miami, FL  33133

www.miamigov.com

  

Meeting Minutes

 

Tuesday, May 14, 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 10:13 am, with the Pledge of Allegiance.  At commencement of the meeting, attendance was as follows:

 

Attendee Name

Title

Status

Troy Sutton

Chairperson

Absent

Rodrigo Jimenez

Chief Examiner

Present

Rafael Cabrera

Board Member

Present

Ulysses Garcia

Board Member

Present

Wilbur M. Jackson, Jr.

Board Member

Present

 

Adoption of Agenda

Chief Examiner Jimenez 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 Jackson, Jr., that this matter be Approved, passed by the following vote:

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

 

A.        Approving of the Minutes

A.1

Civil Service Board - Regular Meeting - April 30, 2024

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

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

B.        Personnel Matters

C.        Military Leaves of Absence

C.1

Raweewan Andrews. GIS Data Specialist, request Military Leave extension without pay from February 15, 2024 through October 2, 2024. Copy or Orders extending leave submitted. (DISCUSSION)

 

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

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

 

 

 

 

C.2

 

 

 

 

Giovani Marks, Administrative Aide II, requests re-employment as an Administrative Aide II, following his return from Military Leave. Copy of his DD214 from the Air Force indicating Honorable Discharge submitted. (DISCUSSION)

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

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

 

C.3

 

John Romero, Police Officer, requests re-employment as a Police Officer, following his return from Military Leave. Copy of memorandum from the Air Force Department indicating Honorable Discharge submitted. (DISCUSSION)

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

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

 

C.4

 

John Romero, Police Officer, requests Military Leave without pay from April 29, 2024 through September 30, 2024. Copy of Orders submitted. (DISCUSSION)

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

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

 

D.        Disciplinary Matters

E.        General Items

E.1

Copy of a Judgment from Arthur Noriega, V., City Manager, concerning the Appeal Hearing on behalf of Angelo Perry, former Sanitation Supervisor, concerning his 40-hour suspension, effective August 8, 2022. (NOTIFICATION)

E.2

Copy of a Judgment from Arthur Noriega, V., City Manager, concerning the Appeal Hearing on behalf of Angelo Perry, Waste Equipment Operator, concerning his Demotion, effective August 23, 2022. (NOTIFICATION)

E.3

Copy of an email from Stephanie Panoff, Chief of Labor & Employment Division, City Attorney's Office, notifying the Board of the withdrawal of the charges pursuant to Civil Service Rule 14.6, concerning Edwin Gomez, former Police Sergeant, as it relates to his 160-hour suspension, effective February 24, 2020. (NOTIFICATION)

Stephanie Panoff, Chief of Labor Division, City Attorney's Office, explained that the Department withdrew the charges pursuant to Civil Service Rule 14.6, rendering the Appeal before the Board settled.

F.         Reports

F.1

Hearings Pending List as of May 14, 2024. (NOTIFICATION)

 

G.        Requests for Hearings

 

H.        Today's Hearings

H.1

Appeal Hearing on behalf of Hector Macia De Coro, former Grounds Tender, concerning his Termination, effective September 11, 2023.

 

Acting Chair Jimenez called for the Hearing of Appeal on behalf of Hector Macia De Coro, former Grounds Tender and asked if he was present. The Executive Secretary responded in the negative.

 

The Executive Secretary advised the Board how she notified Mr. Macia De Coro of his hearing today. She disclosed that a scheduling letter was mailed via both regular and certified USPS, and an email was sent to the address provided by Mr. Macia De Coro. She went on to say at the onset of the appeal, the employee was represented by Attorney Osnat K. Rind; however, Attorney Rind provided the office with a Notice of Withdrawal.  She continued that a follow-up email was sent to Mr. Macia De Coro to confirm the Office’s receipt of Ms. Rind’s notice, and to inquire whether replacement counsel had been acquired.

 

Stephanie Panoff, Chief of Labor Division, Assistant City Attorney’s Office advised the Board she was ready to proceed in accordance with Civil Service Rule 14.7 – Failure of Parties to Appear.

 

Opening statements were made by Assistant City Attorney Panoff. Hector Macia De Coro (Appellant), failed to appear and had no legal representation.

 

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

 

  1. Lazaro Garcia, Superintendent of Park Operations & Maintenance, Department of Parks and Recreation. Questions and comments were posed by Member Jackson.

 

The Department entered exhibits, then rested. No testimony nor exhibits were provided by the Appellant.

 

The Board entered a motion to rule on all charges at once, rather than individually, which resulted as follows:

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

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

 

The Board reviewed and discussed the testimony and exhibits. The Board then entered a motion to find appellant GUILTY of all charges, which resulted as follows:

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

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

 

 

PENALTY PHASE:

 

Having found Appellant guilty of all charges, the Board entered into deliberations regarding the recommended penalty. Following, discussion, a motion was made to recommend that the City Manager SUSTAIN the action of the Department, and accept the employee’s resignation in accordance with the labor agreement, 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:                  Jimenez, Cabrera, Garcia, Jackson, Jr.

 

 

ADJOURNMENT:

 

There being no further business before the Board, a motion was entered to adjourn the meeting at 10:38 am, 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:                  Jimenez, Cabrera, Garcia, Jackson, Jr.

 

 

 

 

SIGNATURE:

Troy Sutton, Chairperson

 

 

 

ATTEST:

Tishria L. Mindingall, Executive Secretary