Minutes: Civil Service Board 02-21-23

City of Miami

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

Meeting Minutes

Tuesday, February 21, 2023
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 10:27am, 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

Travis Lindsey

Board Member

Present

Adoption of Agenda

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

AYES:                  Jimenez, Cabrera, Garcia, Lindsey

A.        Approving of the Minutes

A.1

Civil Service Board - Regular Meeting - February 7, 2023, 10:00 AM

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

AYES:                  Jimenez, Cabrera, Garcia, Lindsey

B.        Personnel Matters

B.1

Request from Sarah Suarez, HR Generalist, Department of Human Resources, to be placed on the re-employment list for the classification of HR Generalist, pursuant to Civil Service Rule 12, Sec. 12.4, Resignations. (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, Lindsey

C.        Military Leaves of Absence

C.1

Raweewan Andrews, GIS Data Specialist, requests Military Leave without pay from February 15, 2023 through February 14, 2024. Copy of Orders submitted. (DISCUSSION)

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

AYES:                  Jimenez, Cabrera, Garcia, Lindsey

D.        Disciplinary Matters

D.1

Copy of a letter from Chief of Police Manuel A. Morales, Department of Police, notifying Juan Delia, Police Officer, of a 10-hour suspension, effective February 8, 2023. (NOTIFICATION)

D.2

Copy of a letter from Chief of Police Manuel A. Morales, Department of Police, notifying Traci Cox, Crime Scene Investigator I, of a 16-hour suspension, effective February 21, 2023. (NOTIFICATION)

D.3

Copy of a letter from Chief of Police Manuel A. Morales, Department of Police, notifying Matthew Cruz, Police Officer, of a 10-hour suspension, effective February 13, 2023. (NOTIFICATION)

D.4

Copy of a letter from Chief of Police Manuel A. Morales, Department of Police, notifying Brandon Manning, Police Officer, of a 40-hour suspension, effective February 19, 2023. (NOTIFICATION)

D.5

Copy of a letter from Chief of Police Manuel A. Morales, Department of Police, notifying Ashley Arauz, Police Officer, of a 10-hour forfeiture, effective February 7, 2023. (NOTIFICATION)

D.6

Copy of a letter from Chief of Police Manuel A. Morales, Department of Police, notifying Brian Negrete, Police Officer, of a 10-hour forfeiture, effective February 7, 2023. (NOTIFICATION)

D.7

Copy of a letter from Chief of Police Manuel A. Morales, Department of Police, notifying Willians Gonzalez, Police Officer, of a 10-hour forfeiture, effective February 3, 2023. (NOTIFICATION)

D.8

Copy of a letter from Chief of Police Manuel A. Morales, Department of Police, notifying Romeo Scott, Police Officer, of a 40-hour forfeiture, effective February 14, 2023. (NOTIFICATION)

D.9

Copy of a letter from Chief of Police Manuel A. Morales, Department of Police, notifying Tashara Alleyne, Police Sergeant, of a 10-hour forfeiture, effective February 14, 2023. (NOTIFICATION)

E.        General Items

E.1

Notice of withdrawal from Libby H. Navarrete, Attorney on behalf of Marcos Fernandez, et. al. Parks & Recreation Employees, concerning their Grievance Hearing, pursuant to Civil Service Rule 16.1 - Investigation by the Board, 16.2-Complaint by Employee, concerning an Abuse of Power of Richard Rosell, former Senior Ocean Rescue Lifeguard, and alleged violation of Civil Service Rule 14.2 (d), (e), (h), (i), (k), (r), and (u). (NOTIFICATION) Grievance Hearing is scheduled for today February 21, 2023. Grievance Hearing will be closed and removed from the Board's docket.

(Item H.1)

E.2

Copy of a request to continue from Angelo Perry, Sanitation Supervisor, concerning a 40-hour suspension, effective August 8, 2022 (CSB# 22-21D), and Demotion, effective August 23, 2022, (CSB#22-22D). Adanna Ferguson, Assistant City Attorney, expressed no objection. (DISCUSSION)

ITEM ADDITION

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

AYES:                  Jimenez, Cabrera, Garcia, Lindsey

F.         Reports

F.1

Hearings Pending List as of February 21, 2023. (NOTIFICATION)

F.2

Revised Civil Service Board 2023 Calendar. (DISCUSSION)

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

AYES:                  Jimenez, Cabrera, Garcia, Lindsey

G.        Requests for Hearings

H.        Today's Hearings

H.1

Grievance Hearing on behalf of Marcos Fernandez, et.al. Parks & Recreation Employees, relative to Civil Service Rule 16.1 - Investigation by the Board, 16.2-Complaint by Employee, concerning an Abuse of Power of Richard Rosell, former Senior Ocean Rescue Lifeguard, and alleged violation of Civil Service Rule 14.2 (d), (e), (h), (i), (k), (r), and (u).

H.2

Appeal Hearing on behalf of Gregory Jack, Police Sergeant, concerning his 40-hour suspension, effective January 7, 2022.

Adanna Ferguson, Assistant City Attorney, advised the Board of the Department's decision to rescind the 40-hour suspension, effective January 7, 2022.  The Hearing of Appeal is considered withdrawn and will be removed from the Board's docket.

H.3

Grievance Hearing on behalf of Odney Belfort, Police Sergeant, relative to the 2022 Police Lieutenant Promotional Exam, pursuant to Civil Service Rule 16.2- Complaint by Employee, alleging violation of Civil Service Rules 8.2- Certification from Promotional Competitive Registers and 8.5- Certification from Noncompetitive Registers.

Chief Examiner Jimenez called for the Grievance Hearing of Odney Belfort, Police Sergeant, relative to the 2022 Police Lieutenant Promotional Exam, pursuant to Civil Service Rule 16.2- Complaint by Employee, alleging violation of Civil Service Rules 8.2- Certification from Promotional Competitive Registers and 8.5- Certification from Noncompetitive Registers.

Mark Berkowitz, Attorney, appeared on behalf of Odney Belfort, Police Sergeant. ACA Ferguson appeared on behalf of the Department of Police.

The hearing began today, with presentation of the grievant’s case in chief, and due to time constraints will be continued to a future date. The Board heard testimony from the following witnesses:

  1. Chief Manuel Morales, Director, Department of Police. Questions posed by Board Members Lindsey, Jimenez, and Cabrera.

  2. Dr. Eyran Kraus, Testing and Validation Supervisor, Human Resources Department. Questions posed by Board Members Lindsey, Cabrera, Garcia, and Jimenez

  3. Victoria Jarrett, Veterans Preference Coordinator. Questions posed by Board Member Cabrera and Lindsey  

The Minutes from this hearing will be placed, in their entirety upon conclusion of the hearing.

Following discussion, a motion was entered to CONTINUE the hearing to the meeting of March 21, 2023, which resulted as follows:

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

AYES:                  Jimenez, Cabrera, Garcia, Lindsey


ADJOURNMENT:

There being no further business before the Board, a motion was entered to adjourn the meeting at 5:09pm, which resulted as follows:

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

AYES:                  Jimenez, Cabrera, Garcia, Lindsey

SIGNATURE: Troy Sutton, Chairperson

ATTEST:  Tishria L. Mindingall, Executive Secretary