Civil Service Board

City of Fresno City Hall 2600 Fresno Street Fresno, CA 93721 559-621-6950 Meeting Minutes - Final Thursday, December 9, 2021 9:00 AM Regular Meeting Electronic Meeting Only Civil Service Board Chairperson Michael McDonald Vice Chair Jack Tracy Boardmember Linda Moreno Boardmember Vacant Boardmember Vacant Civil Service Board Meeting Minutes - Final December 9, 2021 At 9:02AM the meeting was called to Order. 1. 9:00 A.M. ROLL CALL Present 3 - Chairperson Michael McDonald, Vice Chair Jack Tracy, and Board Member Linda Moreno Board Counsel, Jim Sanchez was present and represented the Board. Also present were: Acting Secretary Designee, Yvonne Teixeira, Senior Deputy Attorney I, Jennifer DeRuosi, and Assistant Director, Marissa Gonzales. 2. APPROVAL OF MINUTES A. ID 21-1001 October 29, 2021 On motion of Vice Chair Tracy, seconded by Board Member Moreno, that the above Action Item be approved. The motion carried by the following vote: Aye: 3 - Chairperson McDonald, Vice Chair Tracy and Board Member Moreno 3. OLD BUSINESS The Board convened into Closed Session at 9:08AM. A. ID 21-1002 Closed Session - Continued Public Discipline/Dismissal/Release [Pursuant to Government Code Section 54954] Present on behalf of the City were Jim Betts, Attorney at Law, Paul Coleman, Paralegal, Jennifer DeRuosi, Senior Deputy Attorney I, Jennifer DeRuosi. The rescission of discipline and the modified discipline were adopted. The Findings were not approved and both parties agreed to table until January 2022 allowing time to review and to make revisions. The revised Findings will be brought forth to the Board at that time. B. ID 21-1003 Closed Session - Findings of Review of Director’s Action 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. The motion carried by the following vote: City of Fresno ***Subject to Mayoral Veto Page 2 Civil Service Board Meeting Minutes - Final December 9, 2021 Aye: 3 - Chairperson McDonald, Vice Chair Tracy and Board Member Moreno C. ID 21-1004 Closed Session - Findings of Review of Director’s Action 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. The motion carried by the following vote: Aye: 3 - Chairperson McDonald, Vice Chair Tracy and Board Member Moreno 4. HEARING ON APPEAL A. ID 21-1005 Closed Session - Continued Public Employee Discipline/Dismissal/Release [Pursuant to Government Code Section 54954] City of Fresno ***Subject to Mayoral Veto Page 3 Civil Service Board Meeting Minutes - Final December 9, 2021 The Hearing On Appeal commenced at 9:33AM. Present on behalf of the Appointing Authority were: Attorney at Law, Jim Betts, Senior Deputy Attorney I, Jennifer DeRuosi, Deputy City Attorney II, Mao Lee, Paralegal, Paul Coleman, Assistant Personnel Director, Marissa Gonzales. Also, present was Personnel Manager, Teresa Sanchez and Court Reporter Lisa McKinney. Present on behalf of the Appellant was Attorney at Law, Ann Bennett and the Appellant. 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 2:59, following summaries and closing remarks from the parties, the Board convened into Executive Session to deliberate the matter. At 3:28PM, the Board reconvened into Closed Session and voted on the charges as read by Yvonne Teixeira, Acting Secretary. Present for the report of Decision from the Board on behalf of the Appointing Authority were Attorney at Law, Jim Betts, Senior Deputy Attorney I, Jennifer DeRuosi, Deputy City Attorney II, Mao Lee, , Paralegal, Paul Coleman, Assistant Personnel Director, Marissa Gonzales. Present on behalf of the Appellant were Ann Bennett, Attorney at Law and Appellant. Also present were Board Counsel Jim Sanchez, Acting Secretary Designee, Yvonne Teixeira, Personnel Manager, Teresa Sanchez and Court Reporter Lisa McKinney. The charge of violation of Fresno Municipal Code Section 3-286(a) as set forth in the Order was sustained with a 3-0 vote. The charges of violations of Fresno Municipal Code Sections 3-286(b)(3)(4)(8) as set forth in the Order was sustained with a 3-0 vote. The charges of violations of Street Maintenance Division Policies and Procedures and Work Place Conduct Section 1, Paragraphs 4,5,6,8,15 and 17 as set forth in the Order was sustained with a 3-0 vote. City of Fresno ***Subject to Mayoral Veto Page 4 Civil Service Board Meeting Minutes - Final December 9, 2021 At 3:33PM, the Board reconvened into Open Session and the decisions were announced in accordance with the Brown Act. 5. UNSCHEDULED COMMUNICATION None 6. ADJOURNMENT There being no further business to discuss before the Board, the meeting was adjourned at 3:35PM City of Fresno ***Subject to Mayoral Veto Page 5