Civil Service Board

City of Fresno City Hall 2600 Fresno Street Fresno, CA 93721 559-621-6950 Meeting Minutes - Final Tuesday, March 21, 2023 9:00 AM Regular Meeting City Hall, Second Floor Meeting Room A (2165N) Civil Service Board Chairperson Michael McDonald Vice Chair Jack Tracy Boardmember Linda Moreno Boardmember Marina Magdaleno Boardmember Todd L Cregar Boardmember Vacant Civil Service Board Meeting Minutes - Final March 21, 2023 The meeting was called to order at 9:00 am. 1. 9:00 a.m. ROLL CALL Present 4 - Chairperson Michael McDonald, Vice Chair Jack Tracy, Board Member Linda Moreno, and Board Member Todd L. Cregar Board Counsel James McCann , was present and represented the Board. Also present were Acting Secretary Designee Michael Torosian, Supervising Deputy City Attorney Jennifer DeRuosi , Deputy City Attorney lll Mao Lee, Deputy City Attorney lll Laura Davila and Assistant Director of Personnel Jennifer Misner At 9:02 am the Board convened into Closed Session. 2. APPROVAL OF MINUTES A. ID 23-408 February 13, 2023 On motion of Vice Chair Tracy , seconded by Board Member Moreno, the above Action Item hereby be APPROVED. The motion duly carried, RESOLVED by a unanimous vote. 3. OLD BUSINESS A. ID 23-409 Closed Session- Government Code Section 54957- Continued Public Employee Discipline/Dismissal/Release - Review of Findings [Pursuant to Fresno Municipal Code Section 3-283] B. ID 23-452 Closed Session- Government Code Section 54957 Continued Public Employee Discipline/Dismissal/Release - Hearing Officer Findings [Pursuant to Fresno Municipal Code Section 3-283] On motion of Vice Chair Tracy, seconded by Board Member Moreno, that the Hearing Officer's findings, upholding the dismissal of Transit Supervisor l, be approved. Aye: 4 - Chairperson McDonald, Vice Chair Tracy, Board Member Moreno and Board Member Cregar Excused: 1 - Magdaleno 4. NEW BUSINESS A. ID 23-410 Closed Session- Government Code Section 54957 - Continued City of Fresno ***Subject to Mayoral Veto Page 2 Civil Service Board Meeting Minutes - Final March 21, 2023 Public Employee Discipline/Dismissal/Release - Joint Stipulation and Order to Vacate Hearing Dates [Pursuant to Fresno Municipal Code Section 3-283] B. ID 23-417 Closed session - Government Code Section 54957 Public Employee Discipline/Dismissal/Release -Schedule Meeting(s) to Conduct Appeal Hearing [Pursuant to Fresno Municipal Code Section 3-284] 5. HEARING ON APPEAL A. ID 23-411 Closed session - Government Code Section 54957 Public Employee Discipline/Dismissal/Release [Pursuant to Fresno Municipal Code Section 3-284] Present on behalf of the Appointing Authority were: Deputy City Attorney lll Mao Lee and Department of Transportation Assistant Director Joe Vargas. Present for the Appellant were : Labor Representative Terri Hauschel 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 12:35 PM, following summaries and closing remarks from the parties, the Board convened into Executive Session to deliberate the matter. At 1:08 PM, the Board reconvened into Closed Session and voted on the charges as read by Michael Torosian , Acting Secretary Designee. City of Fresno ***Subject to Mayoral Veto Page 3 Civil Service Board Meeting Minutes - Final March 21, 2023 Present for report of Decision from the Board on behalf of the Appointing Authority were Deputy City Attorney lll Laura Davila and Department of Transportation Assistant Director Joe Vargas. Appellant was present and Labor Representative Terri Hauschel. Also present were Board Counsel, James McCann , Acting Secretary Designee Michael Torosian. The Board proposed action on a motion by Vice Chair Tracy , seconded by Board Member Cregar , that the Order of Removal be Upheld.The motion carried by the following vote: Aye: 4 Board Member Moreno, Board Member Creger, Vice Chair Tracy and Chairperson McDonald No: 0 The charge of violation of Fresno Municipal Code Section 3-286(a) as set forth in the Order was Sustained by the following vote: Sustained : 4 Board Member Moreno, Board Member Creger, Vice Chair Tracy and Chairperson McDonald Not Sustained : 0 The charge of violation of Fresno Municipal Code Section 3-286(b)(8) as set forth in the Order was Sustained by the following vote: Sustained : 4 Board Member Moreno, Board Member Creger, Vice Chair Tracy and Chairperson McDonald Not Sustained : 0 The charge of violation of California Vehicle Code Section 23123.5(a) Operation of Motor Vehicle - Use of Wireless device as set forth in the Order was Sustained by the following vote: Sustained : 4 Board Member Moreno, Board Member Creger, Vice Chair Tracy and Chairperson McDonald Not Sustained : 0 The charge of violation of Transportation Department Policy: P7-10(2) Personal Communication Devices as set forth in the Order was Sustained by the following City of Fresno ***Subject to Mayoral Veto Page 4 Civil Service Board Meeting Minutes - Final March 21, 2023 vote: Sustained : 4 Board Member Moreno, Board Member Creger, Vice Chair Tracy and Chairperson McDonald Not Sustained : 0 6. UNSCHEDULED COMMUNICATION None 7. ADJOURNMENT There being no further business to come before the Board, the meeting was adjourned at 1:13 pm. City of Fresno ***Subject to Mayoral Veto Page 5