Minutes: Civil Service Board - April 8, 2024

City of Miami

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

Meeting Minutes

Monday, April 08, 2024
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 special meeting was called to order at 10:11 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

Late

Ulysses Garcia

Board Member

Present

Wilbur M. Jackson, Jr.

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

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

A.        Today's Hearings

A.1

Continuation of the Hearing Appeal on behalf of Andre F. Perez, Senior Building Inspector, concerning his 3-day suspension, effective August 22, 2023.

Day 2: The Minutes from Day 1 of this hearing are found in the Minutes from the March 19, 2024 Civil Service Board meeting.

The Chairman called for the continuation of the hearing on behalf of Andre F. Perez, Senior Building Inspector, concerning his 3-day suspension, effective August 22, 2024.

The Board resumed the Appeal hearing of Andre F. Perez, Senior Building Inspector. The Appellant was represented by Robert Pelier, Attorney, Robert Pelier, PA. The Building Department was represented by Jazmine Preston-O’Neil, Assistant City Attorney, Office of the City Attorney.

Chair Sutton called for a break to allow Member Cabrera to be present and asked if the parties wished to meet again to see if an amicable resolution could be reached prior to continuing the hearing. The parties responded in the affirmative. Member Cabrera arrived at 10:17am.

Upon return from the break, ACA Preston O’Neil advised the Board that the parties were unable to reach an agreement, to which Attorney Pelier concurred.

Chair Sutton reminded both parties that Member Jackson Jr. was not present for the last meeting; however, he was here today and wished to partake in the hearing. He further stated that Member Jackson was able to review the recording of Day 1 and will be able to make a fair decision concerning this matter. Chair Sutton asked Attorney Pelier and Assistant City Attorney Preston O’Neill if they had any objections to Member Jackson participating in the hearing, and both responded in the negative.

The Board proceeded with the hearing scheduled for today. Attorney Pelier raised a procedural issue as to whether he entered exhibits into the record and the Executive Secretary responded in the affirmative. He also raised the issue of making sure the witnesses were reminded not to view and or discuss the hearing outside of the chambers. Chair Sutton reiterated that the Rule was invoked, and all witnesses must not view and/or discuss the hearing.

Direct examination continued with the following witness:

  1. Andre Perez, Senior Building Inspector. Questions and comments were posed by Chair Sutton, Member Jackson Jr, and Member Jimenez.

Following lunch, Chair Sutton asked both counsel if they would be amenable to take another break and see if they could reach a possible resolution. The parties agreed.

Following a break, ACA Preston O’Neill informed the Board that the parties settled the matter, and briefly listed the tenants of the agreement. She went on to say that the agreement will be drafted, signed and forwarded to the Executive Secretary for the Board. Chair Sutton thanked everyone for working out a resolution and released the witnesses.

No further discussion took place regarding this matter.

ADJOURNMENT:

Breaks were taken at: 10:14am – 11:06am; 12:28pm – 1:47pm (lunch); 1:52pm – 2:25pm.

There being no further business before the Board, a motion was entered to adjourn the meeting at 2:30pm, which resulted as follows:

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

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

SIGNATURE: Troy Sutton, Chairperson

ATTEST: Tishria L. Mindingall, Executive Secretary