Minutes: Civil Service Board 01-25-22

City of Miami

3500 Pan American Drive
Miami, FL  33133
www.miamigov.com


Meeting Minutes

Tuesday, January 25, 2022
10:00 AM
Commission Chambers


Civil Service Board

Troy Sutton, Chairperson
Rodrigo Jimenez, Chief Examiner
Rafael Cabrera, Board Member
Ulysses Garcia, Board Member
Travis Lindsey, Board Member


Pledge of Allegiance

The meeting was called to order at 10:15 am, with the Pledge of Allegiance.  At commencement of the meeting, attendance was as follows:

Attendee Name

Title

Status

Troy Sutton

Chairperson

Present

Rodrigo Jimenez

Chief Examiner

Present

Rafael Cabrera

Board Member

Present

Ulysses Garcia

Board Member

Present

Travis Lindsey

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

AYES:                  Sutton, Jimenez, Cabrera, Garcia, Lindsey

A.        Approving of the Minutes

A.1

Civil Service Board - Regular Meeting - January 11, 2022, 10:00 AM

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

AYES:                  Sutton, Jimenez, Cabrera, Garcia, Lindsey

B.        Personnel Matters

B.1

Copy of a memorandum from Robert Santos-Alborna, Director, Code Compliance Department, requesting an extension of probationary period of Lizaida Carpio, Administrative Aide I, for six (6) additional months beyond February 2, 2022. (DISCUSSION)

Following an appearance by Ms. Carpio, Administrative Aide I, the Board entered a motion to GRANT the extension as requested, which resulted as follows:

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

AYES:                  Sutton, Jimenez, Cabrera, Garcia, Lindsey

C.        Military Leaves of Absence

C.1

Adrian Talania, Police Officer, requests re-employment as a Police Officer, following his return from Military Leave. Copy of his DD214 from the Army indicating Honorable Discharge submitted. (DISCUSSION)

The Board entered a motion to approve the re-employment as requested and thanked the employee for his service.

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

AYES:                  Sutton, Jimenez, Cabrera, Garcia, Lindsey

D.        Disciplinary Matters

            None

E.        General Items

            None

F.         Reports

F.1

Hearings Pending List as of January 25, 2022. (NOTIFICATION)


G.        Requests for Hearings

NONE

 

H.        Today's Hearings

H.1

Appeal Hearing on behalf Ronald Quintanilla, former Property Specialist I, concerning his Termination, effective August 6, 2021.

The Board entered into the scheduled Appeal hearing on behalf of Ronald Quintanilla, former Property Specialist I. The Appellant represented himself. The Miami Police Department was represented by Adanna Ferguson, Assistant City Attorney (ACA), Office of the City Attorney.

Chair Sutton asked Special Counsel to explain to the Appellant the hearing process.  Special Counsel Clyne responded and further clarified the hearing process. Chair Sutton asked each side for the number of witnesses they would call, in an effort to determine how much time would be needed for the chambers today.

Opening statements were made by ACA Ferguson and Mr. Quintanilla, and both sides submitted exhibits.

The Department called Mr. Quintanilla as a witness.

Witnesses testifying on behalf of the Appellant appeared in the following order:

  1. Ava Gardner, Police Property Specialist II

  2. Michael Ramos, Police Staffing Specialist

Both sides rested. Closing arguments were provided by Assistant City Attorney Ferguson and Mr. Quintanilla.    

Following review of exhibits, consideration of testimony, and arguments on both sides, the Board entered into deliberations.

Member Lindsey said that he saw several discrepancies with the reprimand, and he believed those charges should be removed. ACA Ferguson responded and withdrew two (2) charges: 11.6.17.7 Conduct unbecoming a police officer and 11.6.53 Truthfulness. The Executive Secretary also advised that one of the charges is actually a section title and would also not be considered.  Additional comments were made by Member Sutton and Jimenez.

Following discussion, the Board entered a motion to rule on the remaining charges at once, rather than individually, which resulted as follows:

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

AYES:                  Sutton, Jimenez, Cabrera, Garcia, Lindsey

The Board entered a motion to find the appellant GUILTY on all charges, which resulted as follows:

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

AYES:                  Sutton, Jimenez, Cabrera, Garcia, Lindsey

PENALTY DISCUSSION:

Having ruled on the charges, the Board entered into the Penalty phase of the hearing.

After reviewing the employee’s disciplinary profile, a motion to recommend that the City Manager SUSTAIN the penalty imposed by the department director, was considered by the Board and resulted as follows:

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

AYES:                  Sutton, Jimenez, Cabrera, Garcia, Lindsey

ADJOURNMENT:

A break was taken at: 12:00pm – 12:07pm.

There being no further business before the Board, a motion was entered to adjourn the meeting at 12:45 pm, which resulted as follows:

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

AYES:                  Sutton, Jimenez, Cabrera, Garcia, Lindsey

 

SIGNATURE:   Troy Sutton, Board Chairperson

ATTEST:   Tishria L. Mindingall, Executive Secretary