Civil Service Board

City of Fresno City Hall 2600 Fresno Street Fresno, CA 93721 Meeting Minutes - Final 559-621-6950 Civil Service Board Chairperson Michael McDonald Vice Chair Jack Tracy Boardmember Linda Moreno Boardmember Julian Montalvo Vacant Friday, December 4, 2020 9:00 AM Join online via ZOOM: https://zoom.us/j/955588493 99 Regular Meeting 1. Roll Call Present 3 - Vice Chair Jack Tracy, Board Member Julian Montalvo, and Board Member Linda Moreno Absent 1 - Chair Michael McDonald Board Counsel, Dan McCloskey, was present and represented the Board. Also present were Acting Secretary Designee, Yvonne Teixeira, Court Reporter, Gail Loquaci-Weber, Paralegal, Paul Coleman, Attorney At Law, James Betts, Attorney at Law, E. Marshall Hodgkins and Appellant. At 9:01 AM the Board convened into Closed Session. 2. Old Business A. ID Closed Session - Continued Public Employee 20-001591 Discipline/Dismissal/Release [Pursuant to Government Code Section 54954] On motion of Board Member Moreno, seconded by Board Member Montalvo, that the Board uphold the decision of the Appointing Authority. The motion carried by the following vote: Aye: 3 - Vice Chair Tracy, Board Member Montalvo and Board Member Moreno Absent: 1 - Chair McDonald City of Fresno ***Subject to Mayoral Veto Page 1 Civil Service Board Meeting Minutes - Final December 4, 2020 Attorney at Law, James Betts and Paralegal, Paul Coleman were present on behalf of the Appointing Authority. Present on behalf of the Appellant were Attorney at Law, E. Marshall Hodgkins and the Appellant. Witnesses were sequestered. Exhibits of Evidence were filed and moved into the record. At 12:58 PM, following closing remarks from the parties, the Board convened into Executive Session to deliberate the matter. At 2:00 PM, the Board reconvened into Closed Session and voted on the charges as read by Yvonne Teixeira, Acting Secretary Designee. The charge of violation of FMC 3-286(a) as set forth in the Order was sustained with a 3-0 vote. The charge of violation of FMC 3-286(b)(4) as set forth in the Order was sustained with a 3-0 vote. The charge of violation of Fresno Police Department Procedure 300(A) Reasonable of Force as set forth in the Order was sustained with a 3-0 vote. The charge of violation of Fresno Police Department Procedure 300(D) Reportable Force Defined as set forth in the Order was sustained with a 3-0 vote. The charge of violation of Fresno Police Department Policy 341.4 Discretion as set forth in the Order was sustained with a 3-0 vote. At 2:07 PM, the Board reconvened into Open Session and the decisions of the Board were announced in accordance with the Brown Act. Present for report of the Decision from the Board, on behalf of the Appointing Authority, was Attorney at Law, James Betts. Present on behalf of the Appellant was Attorney at Law, E. Marshall Hodgkins. Also present were Board Counsel Dan McCloskey, Acting Secretary Designee, Yvonne Teixeira, and Court Reporter, Gail Loquaci-Weber. 3. Unscheduled Public Communications None 4. Adjournment City of Fresno ***Subject to Mayoral Veto Page 2 Civil Service Board Meeting Minutes - Final December 4, 2020 There being no further business to come before the Board, the meeting was adjourned at 2:08 PM. City of Fresno ***Subject to Mayoral Veto Page 3