Minutes: Civil Service Board 05-16-23

City of Miami

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

Meeting Minutes

Tuesday, May 16, 2023
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 10:20 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

Wilbur M. Jackson, Jr.

Board Member

Present

Chair Sutton congratulated newly elected Board Member Wilbur Jackson Jr. and reelected Board Member Ulysses Garcia on their positions and continued with order of the day.  

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, Jackson Jr.

A.        Approving of the Minutes

A.1

Civil Service Board - Regular Meeting - April 18, 2023 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, Jackson Jr.

B.        Personnel Matters

B.1

Copy of a memorandum from Chief of Police Manuel A. Morales, Director, Department of Police, requesting an extension of probationary period of Dora Chavarria, Police Officer, for one (1) additional month beyond June 8, 2023. (DISCUSSION)

Following an appearance by Dora Chavarria, Police Officer, the Board entered a motion to GRANT the extension as requested, which resulted as follows:

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

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

C.        Military Leaves of Absence

C.1

Matthew Conway, Firefighter, requests Active Duty Military Leave without pay from April 9, 2023 through May 24, 2023. 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: Sutton, Jimenez, Cabrera, Garcia, Jackson Jr.

C.2

Mariela C. del Rio, GIS Supervisor, requests Active Duty Military Leave without pay from March 5, 2023 through April 1, 2023. 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: Sutton, Jimenez, Cabrera, Garcia, Jackson Jr.

C.3

Daniel Quintana. Stable Attendant, requests Active Duty Military Leave without pay from May 16, 2023 through October 20, 2023. Copy of Orders submitted. (DISCUSSION)

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

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

C.4

Alejandro Cuervo, Fire Lieutenant, requests Active Duty Military Leave extension from May 15, 2023 through November 10, 2023. Copy of Orders extending leave submitted. (DISCUSSION)

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

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

D.        Disciplinary Matters

D.1

Copy of a letter from Chief of Police Manuel A. Morales, Department of Police, notifying Llilian Berrios, Police Officer, of a 10-hour forfeiture, effective April 21, 2023. (NOTIFICATION)

E.        General Items

E.1

Findings of Fact concerning the Whistleblower Hearing on behalf of Brandon Lanier, Commander & Wanda Jean Baptiste, Police Officer, in accordance with Florida Statute 112.3187. (DISCUSSION)

Chair Sutton asked for the status of the Findings in this matter. Attorney Griska Mena, Staff Counsel, appeared on behalf of the Appellants. Stephanie Panoff, Senior Assistant City Attorney, City Attorney’s Office appeared on behalf of the Department. Special Counsel Clyne thanked the Board for allowing additional time for all parties to discuss the Findings of Fact as presented from the Board’s Special Counsel, at today’s meeting.

Following discussion, the Board entered a motion to ADOPT the Findings of Fact presented by Special Counsel, which resulted as follows:

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

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

E.2

Copy of a Judgment from Arthur Noriega, V., City Manager, concerning the Appeal Hearing on behalf of Alfredo Matias, former Police Officer, relative to his Termination, effective January 27, 2022. (NOTIFICATION)

E.3

Copy of a "Motion for Protective Order" from Stephanie K. Panoff, Senior Assistant City Attorney, on behalf of elected officials Manolo Reyes, Joe Carollo and Alex Diaz de La Portilla, Commissioners, concerning the Whistleblower Hearing of Heather Morris, former Deputy Chief of Police, regarding her Termination, effective October 4, 2023. (DISCUSSION)

Stephanie Panoff, Senior Assistant City Attorney, City Attorney Office, appeared before the Board to request the “Motion for Protective Order,” to be approved. Mathew Sarelson, Attorney, appeared on behalf of his client via Zoom.

Following discussion, the Board entered a motion to GRANT, which resulted as follows:

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

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

E.4

Settlement Agreement and Release between the City of Miami and Lourdes Blanco, former Executive Director of the Miami Sports & Exhibition Authority, regarding her Whistleblower Hearing (CSB#18-23I). (NOTIFICATION)

Hearing will be closed and removed from the Board's docket.

ITEM ADDITION

F.         Reports

F.1

Hearings Pending List as of May 16, 2023. (NOTIFICATION)

Member Cabrera advised the Board he will not be available June 13, 2023. The Board was reminded, the Whistleblower hearing of Heather Morris is scheduled for June 13, 2023. Chair Sutton asked Attorney Sarelson will he be available July 25, 2023, and he responded in the affirmative; however, he will check with his client to see if she will be available. Following discussion, the Board agreed to tentatively reschedule the Whistleblower hearing to July 25, 2023, pending Attorney Sarelson’s response.

G.        Requests for Hearings

G.1

Copy of an Investigation Hearing from Griska Mena, Staff Counsel, on behalf of Weslyne Lewis Francois, Lieutenant, pursuant to Civil Service Rule 16.1- Abuse of Power. (DISCUSSION)

Griska Mena, Staff Counsel, appeared before the Board to request a hearing on behalf of her client. ACA Panoff expressed no objection to the request for hearing. Following discussion, the Board entered a motion to GRANT a hearing, 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: Sutton, Jimenez, Cabrera, Garcia, Jackson Jr.

H.        Today's Hearings

  N/A

ADJOURNMENT:

There being no further business before the Board, a motion was entered to adjourn the meeting at 1:47 am, which resulted as follows:

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

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

SIGNATURE:  Troy Sutton, Board Chairperson

ATTEST:  Tishria L. Mindingall, Executive Secretary