Minutes: Civil Service Board - March 19, 2024

City of Miami

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

Meeting Minutes

Tuesday, March 19, 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 meeting was called to order at 10:12 am, with the Pledge of Allegiance.  At commencement of the meeting, attendance was as follows:

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 Garcia, that this matter be Approved, passed by the following vote:

A.        Approving of the Minutes

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

B.        Personnel Matters

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

Mr. Suau and Asael Marrero, Director, Department of Building, appeared before the Board. Chair Sutton asked the employee if he understood and agreed with the request. Mr. Suau responded in the affirmative. Director Marrero advised the Board that the employee recently passed a portion of the exam and is scheduled to take the final portion within a few months. He added that should Mr. Suau pass the exam, he will be made permanent prior to the end of the extension.

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

C.        Military Leaves of Absence

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

D.        Disciplinary Matters

E.        General Items

Special Clyne advised the Board of his proposed amendment adding Civil Service Rule 16.3 to the Civil Service Rules and Regulations pursuant to the Board's request. ACA Preston-O'Neil expressed an objection to the proposed amendment. Following discussion, the Board agreed to table this item to the meeting of April 16, 2024.

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

F.         Reports

Member Cabrera brought the Board's attention to the meeting of April 2, 2024, noting that no hearings were scheduled and made a motion to cancel the meeting. Following discussion, the Board made a motion to cancel the regular Civil Service Board meeting of April 2, 2024, which resulted as follows:

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

G.        Requests for Hearings

H.        Today's Hearings

ACA Preston-O'Neil requested a continuance and reset to a date certain to a future meeting due to another hearing scheduled by the Board. Attorney Riback and Nicole Tyler, former Police Officer, appeared via Zoom and expressed no objection to the continuance request; however, wished to have a date certain as well. Following discussion, the Board made a motion to grant a Board’s continuance and reschedule the appeal hearing of Nicole Tyler, former Police Officer, to May 28, 2024, which resulted as follows:

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

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

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

Chair Sutton asked if the parties wished to take a break prior to the start of the hearing to see if an amicable resolution could be reached prior to continuing the hearing. The parties responded in the affirmative.  Upon return from break, ACA Preston O’Neil advised the Board that the parties were unable to reach an agreement, to which Attorney Pelier concurred.

Both ACA Preston O’Neil and Attorney Pelier provided opening statements.  Attorney Pelier invoked the rule of witnesses.

The following witnesses appeared at the request of the Department, were sworn in and provided testimony:

1. Luis Torres III, Assistant Director/Building Official, Building Department. Questions and comments were posed by Chair Sutton.

2. Asael Marrero, Director, Building Department. Questions and comments were posed by Chair Sutton.

   The Department rested.

   The following witness appeared at the request of the employee, were sworn in  and provided testimony:

3. Paula Osborne-Vasquez, Administrative Assistant II, Building Department. Questions and comments were posed by Chair Sutton.

4. Andre Perez, Senior Building Inspector, Building Department. Questions and concerns were posed Member Garcia, Member Cabrera

Attorney Pelier asked that the subpoenas served at his request remain in effect, so that those persons could return when the hearing was continued. The Board proceeded to enter into review of the testimony and exhibits.

Due to the lateness of the day, the Chair announced that continuation of the hearing will be scheduled for a Special meeting on Monday April 8, 2024.

ADJOURNMENT:

Breaks were taken at: 12:40am – 1:30am (lunch); 2:20pm – 2:25pm

There being no further business before the Board, a motion was entered to adjourn the meeting at 3:45pm, which resulted as follows:

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

SIGNATURE: Troy Sutton, Chairperson

ATTEST: Tishria L. Mindingall, Executive Secretary