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Civil Service Board

Regular Meeting

Fresno, CA · September 29, 2020

AgendaMinutes

Minutes

City of Fresno City Hall 2600 Fresno Street Fresno, CA 93721 Meeting Minutes 559-621-6950 Civil Service Board Chairperson Michael McDonald Vice Chair Jack Tracy Boardmember Linda Moreno Boardmember Julian Montalvo Vacant Tuesday, September 29, 2020 9:00 AM City Hall, Second Floor Council Chambers via ZOOM at: https://zoom.us/j/927290621 50 Regular Meeting The meeting room was called to Order at 9:00 AM. 1. Roll Call Present 4 - Vice Chair Jack Tracy, Chair Michael McDonald, Board Member Julian Montalvo, and Board Member Linda Moreno Board Counsel, Dan McCloskey, was present and represented the Board. Also present was Acting Secretary Designee, Karnell Grijalva. 2. Approval of Minutes A. September 14, 2020 and September 15, 2020 On motion of Vice Chair Tracy, seconded by Board Member Moreno, that the above Minutes be approved. The motion carried by the following vote: Aye: 4 - Vice Chair Tracy, Chair McDonald, Board Member Montalvo and Board Member Moreno The Board convened into Closed Session at 9:02 AM. 3. New Business A. Closed Session - Findings of Review of Director’s Action City of Fresno ***Subject to Mayoral Veto Page 1 Civil Service Board Meeting Minutes September 29, 2020 Removal From Eligibility List [Pursuant to Fresno Municipal Code Section 3-249] On motion of Vice Chair Tracy, seconded by Board Member Moreno, that the above Action Item be Approved and Returned Signed. The motion carried by the following vote: Aye: 4 - Vice Chair Tracy, Chair McDonald, Board Member Montalvo and Board Member Moreno B. Closed Session - Findings of Director Decision Review of Applicant Disqualification Appeal [Pursuant to Fresno Municipal Code Section 3-249] On motion of Vice Chair Tracy, seconded by Board Member Moreno, that the above Action Item be Approved and Returned Signed. The motion carried by the following vote: Aye: 4 - Vice Chair Tracy, Chair McDonald, Board Member Montalvo and Board Member Moreno C. Closed Session - Inquiry of Director Review Applicant Disqualification Appeal [Pursuant to Fresno Municipal Code Section 3-249] On motion of Vice Chair Tracy, seconded by Board Member Montalvo, that the Decision of the Director be upheld. The motion carried by the following vote: Aye: 4 - Vice Chair Tracy, Chair McDonald, Board Member Montalvo and Board Member Moreno The Inquiry of Director Review Applicant Disqualification began at 9:11 AM. Present on behalf of the City was Personnel Director, Jeffrey Cardell. The Applicant was also present. Following party summaries and responses to questions posed by the Board, the Board convened into Executive Session to deliberate the matter at 9:35 AM. At 9:40 AM the Board reconvened into Closed Session and the decision of the Board was announced. 9:30 A.M. City of Fresno ***Subject to Mayoral Veto Page 2 Civil Service Board Meeting Minutes September 29, 2020 4. Old Business A. Closed Session - Continued Public Employee Discipline/Dismissal/Release [Pursuant to Government Code Section 54954] On motion of Vice Chair Tracy, seconded by Board Member Montalvo, that the decision of the Appointing Authority be upheld. The motion carried by the following vote: Aye: 4 - Vice Chair Tracy, Chair McDonald, Board Member Montalvo and Board Member Moreno City of Fresno ***Subject to Mayoral Veto Page 3 Civil Service Board Meeting Minutes September 29, 2020 The Hearing on Appeal commenced at 9:45 AM. Present on behalf of the Appointing Authority were Deputy City Attorney III, Jennifer DeRuosi, and periodically during the meeting virtually was the City's Finance Controller, Michael Lima, and Administrative Manager, Yvonne Dedmore. Present on behalf of the Appellant were Attorney at Law, Rafael Ruano, Labor Representative, Tony Silva, and the Appellant. Witnesses were sequestered and the reading of the Order was waived by the parties. Exhibits of evidence were presented during testimony and they were filed and moved into the Record. At 3:03 PM, following summaries and closing remarks from the parties, the Board convened into Executive Session to deliberate the matter. The charge of violation of Fresno Municipal Code Section 3-286(a) as set forth in the Order was sustained with a 4-0 vote. The charge of violation of Fresno Municipal Code Section 3-286(b)(3) as set forth in the Order was sustained with a 4-0 vote. The charge of violation of Fresno Municipal Code Section 3-286(b)(4) as set forth in the Order was sustained with a 4-0 vote. The charge of violation of Fresno Municipal Code Section 3-286(b)(8) as set forth in the Order was sustained with a 4-0 vote. At 3:34 PM the Board reconvened into Open Session and the decisions of the Board were announced in accordance with the Brown Act. 5. Unscheduled Public Communications None 6. Adjournment There being no further business to come before the Board, the meeting was adjourned at 3:36 PM. City of Fresno ***Subject to Mayoral Veto Page 4

Agenda

City of Fresno City Hall 2600 Fresno Street Fresno, CA 93721 Meeting Agenda - Final-revised 559-621-6950 Civil Service Board Chairperson Michael McDonald Vice Chair Jack Tracy Boardmember Linda Moreno Boardmember Julian Montalvo Vacant Tuesday, September 29, 2020 9:00 AM City Hall, Second Floor Council Chambers via ZOOM at: https://zoom.us/j/92729062150 Regular Meeting The meeting room is accessible for the physically disabled. If you require special assistance to participate in the meeting, notify the Personnel Services Director at 621-6966 at least three business days prior to the meeting. 1. Roll Call 2. Approval of Minutes A. ID 20-001254 September 14, 2020 and September 15, 2020 3. New Business A. ID 20-001294 Closed Session - Findings of Review of Director’s Action Removal From Eligibility List [Pursuant to Fresno Municipal Code Section 3-249] B. ID 20-001295 Closed Session - Findings of Director Decision Review of Applicant Disqualification Appeal [Pursuant to Fresno Municipal Code Section 3-249] C. ID 20-001255 Closed Session - Inquiry of Director Review Applicant Disqualification Appeal [Pursuant to Fresno Municipal Code Section 3-249] 9:30 A.M. 4. Old Business City of Fresno ***Subject to Mayoral Veto Page 1 Civil Service Board Meeting Agenda - September 29, 2020 Final-revised A. ID 20-001095 Closed Session - Continued Public Employee Discipline/Dismissal/Release [Pursuant to Government Code Section 54954] 5. Unscheduled Public Communications Members of the public may address the Civil Service Board regarding items that are not listed on the Agenda and within the subject matter jurisdiction of the Board. Each person is limited to a three (3) minute presentation. Board action on unscheduled items, if any, shall be limited to referring the item to staff for a report and possible scheduling on a future Civil Service Board agenda. 6. Adjournment City of Fresno ***Subject to Mayoral Veto Page 2

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