Civil Service Board
TL;DR
The Civil Service Board held a closed hearing to review disciplinary charges against a bus operator involving safety violations. After careful review of evidence and testimony, the board unanimously sustained multiple charges related to traffic and safety regulations, ultimately approving a reduction in the original disciplinary action.
Key Decisions
- Violation of City Traffic Regulations Sustained (3-0)
- Vehicle Code Violation Sustained (3-0)
- Transportation Department Safety Rule Violation Sustained (3-0)
- Disciplinary Action Modification Approved Reduction of Original Discipline (3-0)
Agenda
- At 9:01 AM. After roll call, the Board went into Closed Session to approve item ID 25-1378, motion was made by Chair McDonald, 1st by Vice Chair Cregar and 2nd by Member Hardie to approve the signed findings with no corrections.
- Present on behalf of Appointing Authority was Assistant City Attorney Jennifer DeRuosi. Motion was made by Vice Chair Cregar, 1st by Chair McDonald and 2nd by Member Hardie to approve and move forward with sign findings for item 25-1379
- Present on behalf of Appointing Authority was Attorney at Law, Joe Rubin. Motion was made by Vice Chair Cregar, 1st by Chair McDonald and 2nd by Member Hardie to approve and move forward with sign findings for item 25-1306
- The board went into executive session at 9:05AM to discuss legal matters with Board Counsel, James McCann At 9:31AM the Board was out of Executive Session and went into closed session to proceed with the hearing on appeal
- At 9:31 AM The Board convened into Closed Session and the Hearing on Appeal began. Present on behalf of Representation for City of Fresno was Deputy City Attorney III; Virgina Madrid Salazar and present on behalf of Appointing Authority was Director of Transportation; Gregory Barfield. The appellant was present with representative, Attorney at Law Roger Wilson. Witnesses were sequestered and the reading of the Order was waived and moved into the record. Exhibits of evidence were presented during testimony and they were filed and moved into the record. Opening statements began with Virgina Madrid Salazar for the City of Fresno, followed by Appellants Representative, Attorney, Roger Wilson. The City’s first witness was called and sworn in at 9:52 A.M. and cross examinations occurred. The City’s second witness was called and sworn in at 11:15 A.M. and cross examination continued. The City rested at 11:44 A.M. and the opposing counsel called the appellant to testify. The appellant was sworn in and crossed examined. At 12:34 P.M., following the summaries and closing remarks from the parties, the board convened into executive session to deliberate this matter. At 1:10 P.M., the Board reconvened into Closed session and voted on the charges. The charge of violation of FMC 3-286 (a) as set forth in the Order was SUSTAINED with a 3-0 vote. The charge of California Vehicle Code, Section 21453 Chapter 2 Traffic Signs, Signals, and Markings as set forth in the Order was SUSTAINED with a 3-0 vote. The charge of Transportation Departments General Rules for Bus Operators Section 3, Safety (D) Accident Prevention (1), as set forth in the Order, was SUSTAINED with a 3-0 vote. The charge of Administrative Order 2-32: Drivers Standards Policy (in relevant part) Drivers Responsibilities (1) as set forth in the Order was SUSTAINED with a 3-0 vote and was approved to reduce the original served discipline. At 1:12 P.M. the Board convened into Open Session. There being no further business to come before the Board, the meeting was adjourned at 1:12 P.M.
- The meeting room is accessible to the physically disabled. If you require special assistance to participate in the meeting, notify the Personnel Services Director at 621-6963 at least three business days prior to the meeting.
- 9:00 A.M. ROLL CALL Board Counsel; James McCann was present and represented the Board. Also present was Acting Secretary Designee; Brittany Blanco, Assistant Director Jennifer Misner, Assistant City Attorney; Jennifer DeRuosi, Deputy City Attorney III; Virgina Madrid-Salazar, Director of Transportation; Gregory Barfield, Attorney Joe Rubin, Board Member Diana Martinez-Cano was present but not on record for voting.
- APPROVAL OF MINUTES
- OLD BUSINESS
- NEW BUSINESS
- HEARING ON APPEAL
- UNSCHEDULED COMMUNICATION
- Members of the public may address the Civil Service Board regarding items that are not listed on the Agenda and within the subject matter jurisdiction of the Board. Each person is limited to a three (3) minute presentation. Board action on unscheduled items, if any, shall be limited to referring the item to staff for a report and possible scheduling on a future Civil Service Board agenda.
- ADJOURNMENT