Minutes: Civil Service Board 9-19-23

A.1

Civil Service Board - Regular Meeting - September 5, 2023

C.1

Matthew Conway, Firefighter, requests Active Duty Military Leave without pay from September 5, 2023 through September 30, 2023. Copy of Orders submitted. (DISCUSSION)

C.2

Marvin J. Bravo, Police Lieutenant, requests Active Duty Military Leave without pay from August 29, 2023 to September 1, 2023, and a re-employment as Police Lieutenant. Copy of Orders and memorandum from the Department of Military Affairs submitted. (NOTIFICATION)

C.3

Ryan Decker, Police Officer, requests Active Duty Military Leave without pay from August 29, 2023 to September 1, 2023, and a request for re-employment as Police Officer. Copy of Orders and memorandum from the Department of Military Affairs submitted. (NOTIFICATION)

C.4

Roselyn Paz, Police Officer, requests re-employment as a Police Officer following her return from Military leave on August 15, 2023. Copy of her DD214 from the Army submitted. (DISCUSSION)

D.1

Copy of a letter from Chief of Police Manuel A. Morales, Department of Police, notifying Michael Aguilera, Police Officer, of a 10-hour suspension, effective September 16, 2023. (NOTIFICATION)

E.1

Status update concerning the Hearing Appeal on behalf of Rodolfo Diaz, Police Officer, relative to his 220-hour suspension, effective October 10, 2022. (DISCUSSION)

ACA Ferguson advised the Board that as of today’s date, she does not have a copy of the executed agreement; however, upon receipt she will have a copy of the settlement agreement forwarded to the Civil Service Board Office.

The Executive Secretary advised the Board this matter will be rescheduled in accordance with the continuance policy.

E.2

A copy of a “Motion to Recuse Chair Sutton and Board Member Jackson” from Stephanie Panoff, Sr. Assistant City Attorney, City Attorney’s Office, concerning the Grievance Hearings relative to the 2022 Police Lieutenant Promotional Exam. Hearings scheduled for today. (DISCUSSION)

Stephanie Panoff, Sr. Assistant City Attorney appeared before the Board and explained her request for the “City of Miami’s Motion for Recusal of Two (2) Board Members.

Member Cabrera expressed that he strongly opposed the request to recuse his fellow colleagues from today’s hearing. He went on to say he believed if they had a conflict, they would voluntarily recuse themselves. He remarked that he has the upmost respect for their character and combined has more than 30 years of experience and dedication to the City of Miami.

Special Counsel Clyne added that he spoke with both Board Members, and both have stated they can be neutral and impartial. He went on to say, that he didn’t think the statements that were made on September 5, 2023, by the Board members in question, do not indicate they prejudged the matter.

Chair Sutton and Member Jackson were asked directly by Special Counsel if they can make an impartial decision, and each responded in the affirmative and expressed for the record they will not be recusing themselves.

Following further discussion, the Board voted to DENY the motion, which resulted as follows:

F.1

Hearings Pending List as of September 19, 2023. (NOTIFICATION)

H.1

Grievance Hearing on behalf of Lizlinda Bremer, et. al. Police Sergeants, pursuant to Civil Service Rules 6.3-Contents of Examination; 6.5-Method of Rating; 6.6- Rating of Examination Results, and 6.7-Seniority, in reference to the 2022 Police Lieutenant Promotional Exam.

Attorney Eugene Gibbons, Fraternal Order of Police, appeared on behalf of Lizlinda Bremer, Surami Kelly, Ariel Perez, and David Bernat (CSB #22-30G-A), Police Sergeants, (“Bremer, et al.”), andAttorney Teri Guttman-Valdes appeared on behalf of Maximiliano Valdes, Raul Delgado, and Robert Perez, (CSB #22-30G-B), Police Sergeants, (Valdes, et al.”), as it relates to the 2022 Police Lieutenant Promotional Examination.

Adanna Ferguson, Assistant City Attorney, appeared on behalf of the Department of Human Resources.

Prior to the start of the Hearing, Attorney Gibbons requested to consolidate both cases. ACA Ferguson expressed no objection. Attorney Gibbons went on to explain to the Board that per his request, subpoenas were issued; however, he did not see his witnesses and received notification that the Director of Human Resources is unavailable. Member Cabrera wanted to put on record that he recalled a similar situation that was brought to the Board’s attention when employees were summoned to appear and the subpoena was not served; however, in this case the witness is unavailable. He went on to say when City of Miami employees are summoned to appear, they need to show up. He asked the Chair to take a break to see if the Director of Human Resources could appear via Zoom. Special Counsel opined the Grievants have a right for due process.

Day 1: September 19, 2023

Following a break, the Board entered the Grievance Hearing on behalf of Lizlinda Bremer, et. al. and Valdes, et al., Police Sergeants, pursuant to Civil Service Rules 6.3-Contents of Examination; 6.5-Method of Rating; 6.6-Rating of Examination Results, 6.7-Seniority, and 6.3-Contents of Examination; 6.5-Method of Rating; 6.6- Rating of Examination Results, and 6.7-Seniority.

The Rule of Witnesses was invoked, and witnesses were cautioned not to discuss their testimony with anyone. Opening statements were provided by Eugene Gibbons, Attorney.

The hearing began today with presentation of the Grievant’s case in chief, and due to other hearings taking place at the next meeting, this matter will be continued at the regular meeting of the Civil Service Board on October 17, 2023. The Board heard testimony from the Grievant’s witnesses, appearing in the following order:

1. Angela Roberts, Director, City of Miami Department of Human Resources. Questions were posed by Members Cabrera, Jackson, Sutton, and Jimenez.

2. Eyran Kraus, Testing and Validation Supervisor, City of Miami Department of Human Resources.

Due to time constraints, the testimony of Eyran Kraus, Testing and Validation Supervisor, will continue at the regular meeting of October 17, 2023.

During Member Cabrera’s questioning of Witness Kraus, he was asked to submit to the Civil Service Board Office the contact information of the representative from Talogy Testing Company and the subject matter expert in the Miami Police Department he communicated with, so that they could be subpoenaed for the hearing.

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

H.2

Grievance Hearing on behalf of Maximiliano Valdes, Raul Delgado & Robert Perez, Police Sergeants, pursuant to Civil Service Rules 6.3-Contents of Examination; 6.5-Method of Rating; 6.6- Rating of Examination Results, and 6.7-Seniority, in reference to the 2022 Police Lieutenant Promotional Exam.