Civil Service Board upholds employee removal and schedules multiple appeals | Fresno | The Common News

Summary

Civil Service Board upholds employee removal and schedules multiple appeals

FresnoSep 17, 20242 min read

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At its September 17, 2024 meeting the City of Fresno Civil Service Board approved minutes, scheduled two public employee discipline appeal hearings (Jan 28–29, 2025 and Feb 25–26, 2025), dismissed or denied several applicant/appeal matters for lack of presence or on motion, approved multiple hearing officer findings, and after an in‑depth closed hearing (ID 24-1070) voted 4-0 to uphold an order of removal and sustain violations including Fresno Municipal Code §3-286(a), 49 C.F.R. §§382.213(b) and 382.215, and FMCSA DOT Prohibited Substances policy. The meeting was adjourned at 4:21 p.m.

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Civil Service Board

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Labor

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Key decisions

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Approved meeting minutes (May 7, 2024).
Scheduled discipline appeal hearings: January 28–29, 2025 at 9:00 a.m. (ID 24-1153) and February 25–26, 2025 at 9:00 a.m. (ID 24-1066).
Motion to dismiss a Rejection of Examination appeal carried due to appellant absence (ID 24-1065).
Denied appellant's request in Removal of Eligibility List appeal (ID 24-1154).
Approved Findings presented by appointing authority (ID 24-1067).
Approved Hearing Officer Findings as presented (ID 24-1068).
Denied Hearing Officer recommendations following review (ID 24-1069); vote 3-1 (Nay: Chair McDonald).
Granted motion to dismiss appeal for lack of appellant representation (ID 24-1225).
Following a closed hearing (ID 24-1070), upheld the order of removal and sustained charges: Fresno Municipal Code §3-286(a); 49 C.F.R. §382.213(b); 49 C.F.R. §382.215; and FMCSA DOT 'Prohibited Substances' policy — motion carried 4-0.

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Meeting information

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Civil Service Board

Sep 17, 2024, 12:00 AMCity Hall, First Floor Meeting Room CH1S-1040 (Inside of Personnel Services Dept.)scheduled

Regular Meeting

Agenda

The meeting room is accessible to the physically disabled. If you require special assistance to participate in the meeting, notify the Personnel Services Director at 621-6963 at least three business days prior to the meeting.
8:57 A.M. ROLL CALL
APPROVAL OF MINUTES
NEW BUSINESS
OLD BUSINESS
Agenda Item
At 9:00 a.m. the Board convened into Closed Session
At 10:33 a.m. The Board convened into Closed Session and the Hearing on the Appeal began. Present on behalf of Appointing Authority was Deputy City Attorney II, Virginia Madrid-Salazar and Director of Public Utilities, Brock Buche. The Appellant was present with Attorney At Law, Edward C. Valdez. Witnesses were sequestered and the reading of the Order was waived and moved into the record. Exhibits of evidence were presented during testimony and they were filed and moved into the record. At 3:54 p.m., following the summaries and closing remarks from the parties, the Board convened into Executive Session to deliberate the matter. At 4:15 p.m., the Board reconvened into Closed Session and voted on the charges as read by Brittany Silva, Acting Secretary Designee. Present for report of Decision from the Board on behalf of the Appointing Authority were Deputy City Attorney II, Virginia Madrid-Salazar and Department of Public Utilities Director, Brock Buche. Appellant was present on behalf of representation Edward C. Valdez. Also present were Board Counsel, James McCann, Acting Secretary Designee Brittany Silva, Assistant Director of Personnel, Jennifer Misner, Deputy City Attorney III Brian Velez, and Paralegal, Valerie Lehn-Belerique. The Board proposed action on a motion by Member Hardie, seconded by Vice Chair Tracy, that the order of removal be upheld. The motion carried by the following vote: Aye:4 Board Member Hardie, Vice Chair Tracy, Member Cregar, Chair McDonald 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 Title 49, Code of Federal Regulation Sections 382.213 (b) as set forth in the Order was SUSTAINED with a 4-0 vote. The charge of violation of Title 49, Code of Federal Regulation Sections 382.215 as set forth in the Order was SUSTAINED with a 4-0 vote. The charge of violation of FMCSA DOT Policy Section "Prohibited Substances" as set forth in the Order was SUSTAINED with a 4-0 vote. At 4:20p.m. the Board convened into Open Session.
Senior Deputy City Attorney I Mao Lee was present on behalf of Appointing Authority for Assistant City Attorney Jennifer DeRousi. The Hearing on Appeal was scheduled for February 25, 2025 and February 26, 2025 at 9:00 a.m.
HEARING ON APPEAL
Senior Deputy City Attorney I Mao Lee was present on behalf of the Appointing Authority. Appellant and representation were not present. The Hearing on Appeal was scheduled for January 28, 2025 and January 29, 2025 at 9:00 a.m.
UNSCHEDULED COMMUNICATION
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.
ADJOURNMENT
Present on behalf of Appointing Authority was Deputy City Attorney III Brian Velez. Appellant was present with no representation. Deputy City Attorney III Brian Velez presented a motion to deny Appellants request. The motion carried the following vote: Aye: Chairperson McDonald, Vice Chair Tracy, Member Cregar, Member Hardie
Present on behalf of Appointing Authority was Deputy City Attorney II, Virginia Madrid-Salazar. Appellant was not present. Deputy City Attorney II Virginia Madrid-Salazar presented a motion to Approve Findings. The motion carried the following vote: Aye: Chairperson McDonald, Vice Chair Tracy, Member Cregar, Member Hardie
Presented on behalf of Appointing Authority Senior Deputy City Attorney I, Mao Lee for Assistant City Attorney Jennifer DeRuosi. Request for approval of Hearing Officer Findings. Motion to approve by Member Hardie, seconded by Vice Chair Tracy. The motion carried the following vote: Aye: Chairperson McDonald, Vice Chair Tracy, Member Cregar, Member Hardie
Present on behalf of Appointing Authority was Attorney at Law, Joseph Rubin who accepted the Findings, Decision and Order After Review as presented. A motion was made by Member Hardie to deny the Hearing Officers Recommendations. The vote was upheld 3-1. The motion carried the following vote: Aye: Vice Chair Tracy, Member Cregar, Member Hardie Nay: Chairperson McDonald
There being no further business to come before the Board, the meeting was adjourned at 4:21p.m.
Aye: Chairperson McDonald, Vice Chair Tracy, Board Member Hardie, Board Member Cregar
Present on behalf of Appointing Authority was Deputy City Attorney III Brian Velez. Appellant was not present. Deputy City Attorney III Brian Velez presented a motion to dismiss the Appointment due to the absence and no response from the Appellant. The motion carried the following vote: Aye: Chairperson McDonald, Vice Chair Tracy, Member Cregar, Member Hardie
Present on behalf of Appointing Authority was Attorney at Law, Joseph Rubin who presents with motion to dismiss the case. Appellant has not submitted representation. . The motion carried the following vote: Aye: Chairperson McDonald, Vice Chair Tracy, Member Cregar, Member Hardie

Documents from this meeting

Agendahttps://legistar2.granicus.com/fresno/meetings/2024/9/3938_A_Civil_Service_Board_24-09-17_Commission_Agenda_%28no_veto_language%29.pdf
Minuteshttps://legistar2.granicus.com/fresno/meetings/2024/9/3938_M_Civil_Service_Board_24-09-17_Action_Summary.pdf

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