Civil Service Board
TL;DR
The Civil Service Board held a closed disciplinary hearing regarding a Transportation Department employee who was appealing their removal from an eligibility list. After a full day of testimony and deliberation, the Board unanimously voted to uphold the original decision to remove the employee, sustaining all charges against them.
Key Decisions
- Employee Removal from Eligibility List Upheld (4-0)
- Violation of Municipal Code Section 3-286(a) Sustained (4-0)
- Violation of Administrative Order 2-27 Sustained (4-0)
- Violation of Last Chance Agreement Sustained (4-0)
Agenda
- 8:57 A.M. ROLL CALL
- APPROVAL OF MINUTES
- ID 24-1703 September 17, 2024Action Item
- OLD BUSINESS
- NEW BUSINESS
- ID 25-39 Closed Session -Government Code Section 54957 - Review of Hearing Officer Findings. [Pursuant to Fresno Municipal Code Section 3-283]Action ItemAction: APPROVED Passed
On motion of Board Member Cregar, seconded by Vice Chair Tracy, that the above Action Item be APPROVED. The motion carried by the following vote:
- ID 25-62 Closed session - Government Code Section 54957 Public Employee Discipline/Dismissal/Release [Pursuant to Fresno Municipal Code Section 3-284]Action Item
- HEARING ON DISCIPLINARY APPEAL
- ID 25-41 Closed Session- Government Code Section 54957- Continued Public Employee Discipline/Dismissal/Release - Review of Findings [Pursuant to Fresno Municipal Code Section 3-283]Action Item
- UNSCHEDULED COMMUNICATION
- ADJOURNMENT
- Board Counsel; James McCann was present and represented the Board. Also present were Acting Secretary Designee; Brittany Silva, Assistant Director of Personnel; Jennifer Misner, Assistant Director of Personnel; Sandra Chavez-Martin, HR Manager; Marissa Barnett, Assistant City Attorney; Jennifer DeRousi, Deputy City Attorney II; Virginia Madrid-Salazar, Senior Deputy City Attorney I Mao Lee, Director of Transportation; Gregory Barfield
- 8:57 A.M. ROLL CALL
On motion that the above be . The motion carried by the following vote:
- 14 APPROVAL OF MINUTESAction: APPROVED Passed
On motion the above hereby be APPROVED. The motion duly carried, RESOLVED by a unanimous vote.
Roll Call (4 votes)
- Michael McDonald Aye
- Jack Tracy Aye
- Todd L. Cregar Aye
- Brad Hardie Aye
- Item ID 25-62 was heard out of order and was the first new business item to be heard.
- Untitled item
- Present on behalf of Appointing Authority was Assistant City Attorney; Jennifer DeRuosi. Also present was the Appellant, with no representation. The Appointing Authority proposed to uphold the Directors Decision of removal from the Eligibility list. Member Cregar ,motioned to approve, seconded by member Hardie.
- There being no further business to come before the Board, the meeting was adjourned at 3:21P.M.
- Untitled item
- ID 25-41 Closed Session- Government Code Section 54957- Continued Public Employee Discipline/Dismissal/Release - Review of Findings [Pursuant to Fresno Municipal Code Section 3-283]Action Item
- At 9:33 A.M, the Board convened into Closed Session and the Hearing on Appeal began. Present of behalf of Appointing Authority was Senior Deputy City Attorney I, Mao Lee and Director of Transportation, Gregory Barfield. Present on behalf of the Appellant was Attorney at Law, Ann Bennett, the Appellant and the support person of the Appellant. Witnesses were sequestered and the reading of Order was waived and moved into the record. Exhibits of evidence were presented during testimony and was filed and moved into the record. At 2:58 P.M. following the summaries and closing remarks from the parties, the board convened into Executive Session to deliberate the matter. At 3:15 P.M the Board reconvened into Closed Session and voted on the charges as read by Brittany Silva, Acting Secretary Designee. Present for report of decision from the Board on behalf of Appointing Authority was Senior Deputy City Attorney I; Mao Lee and Director of Transportation, Gregory Barfield. Present on behalf of the Appellant was Attorney at Law, Ann Bennett and the Appellant. Also present were Board Counsel, James McCann, Acting Secretary Designee, Brittany Silva, Assistant Director of Personnel, Jennifer Misner, Deputy City Attorney II, Virginia Madrid-Salazar The Board proposed action on a motion by Chair McDonald, seconded by Member Cregar, that the order of removal be upheld. The motion carried by the following vote: Aye: 4-0 vote, Board Member Hardie, Member Cregar, Vice Chair Tracy, Chair McDonald The charge of violation of Fresno Municipal Code Section 3-286 (a) as set forth in the order was sustained by the following vote: Aye: 4-0 vote, Board Member Hardie, Member Cregar, Vice Chair Tracy, Chair McDonald The charge of violation pf Administrative Order 2-27 Procedures A, #2 & #3 as set forth in the order was sustained by the following vote: Aye: 4-0 vote, Board Member Hardie, Member Cregar, Vice Chair Tracy, Chair McDonald The charge of violation of Violations of Last Chance Agreement as set forth in the order was sustained by the following vote: Aye: 4-0 vote, Board Member Hardie, Member Cregar, Vice Chair Tracy, Chair McDonald
- Present on behalf of Appointing Authority was Deputy City Attorney II; Virginia Madrid-Salazar. Present on behalf of the Appellant was Attorney at Law, David Garcia and Appellant. Hearing on Appeal was scheduled for two days; April 29, 2025 and April 30, 2025.
- Present on behalf of the appellant was representative, Joe Rubin.
- At 8:59 A.M. The board convened into closed session.