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12/14/1999CIVIL SERVICE BOARD CITY OF CLEARWATER December 14, 1999 Present: Colbert Henley Chair Bill Carroza Board Member John Armbruster Board Member Cathy Adams Board Member Paul O’Rourke Human Resources Administrator Leslie Dougall-Sides Assistant City Attorney Brett Gardner Public Works Department Deborah Ford Administrative Analyst Debbie Turner Board Member (arrived at 5:30 p.m.) Chair Henley called the meeting to order at 5:00 p.m. at the Municipal Services Building. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #2 – Approval of Minutes Member Bill Carroza moved to approve the minutes of October 28, 1999. The motion was duly seconded by Cathy Adams and carried unanimously. ITEM #3 - Board Action - Hearing Officer’s Recommended Order In Re: Demotion of Brett Garner. The Board considered the Recommended Order submitted by Hearing Officer Bonita M. Riggens in the demotion of Brett Gardner. Paul O’Rourke, Human Resources Administrator, read the charges and specifications into the record. He also offered into evidence the transcript of the hearing before Ms. Riggens, as well as the exhibits that were admitted during the course of that hearing. Brett Gardner was present to contest the Hearing Officer’s order. Member Bill Carroza moved to establish the time limits for the hearing as ten minutes for each side to make a presentation, five minutes for rebuttal, and five minutes for summations. The motion was duly seconded by John Armbruster and carried unanimously. Mr. Gardner addressed the Board concerning the demotion and stated that he feels there were six employees who conspired against him. Based on the complaint that he made racial slurs and the statements of these employees, he was demoted from his Acting Superintendent position to a Public Service Technician III. Leslie Dougall-Sides, Assistant City Attorney, addressed the Board on behalf of the City. She stated the facts as presented to the Hearing Officer substantiate the City’s action in demoting Mr. Gardner for violating the City’s Discriminatory Conduct Policy. Mr. Gardner received diversity training and was aware of the consequences should a violation of this policy occur. She said case law states that demotion is justified for use of racial slurs. She urged the Board to uphold the Hearing Officer’s order. Mr. O’Rourke also addressed the Board on behalf of the City. He stated that Mr. Gardner’s demotion sent a message that this type of behavior would not be condoned. As a result of his demotion, Mr. Gardner received an $8,000 reduction in pay. Mr. Gardner stated in his rebuttal that he would never take another supervisory position with the City because you do not receive support from upper management. Ms. Dougall-Sides stated that the City could have been sued for discrimination if it failed to take appropriate action in this situation. Mr. Carroza questioned whether or not Mr. Burke from Human Relations performed a thorough investigation. Ms. Dougall-Sides stated that he spoke to other employees in the department besides the six employees in the one unit. Mr. Carroza asked why the other two supervisors were not disciplined for failure to report the incident. Mr. O’Rourke stated that sometimes employees are afraid their jobs may be jeopardized. Member DebbieTurner arrived and the meeting recessed from 5:40 to 5:53 p.m. to allow her to review the file. Mr. Carroza moved to amend the Hearing Officer’s decision to suspend Mr. Gardner for 30 days. He asked what the impact of this would be. Mr. O’Rourke advised he would be reinstated to his position and receive back pay. However, Mr. O’Rourke stated that under the City’s Performance and Behavior Management Program, which has been in effect since September, 1998, suspension is not an option. Ms. Dougall-Sides stated the employee can be put on an action plan, receive a decision-making leave day, be terminated, or demoted. Mr. Gardner stated he was never placed on an action plan. Mr. Carroza withdrew his motion. Member Cathy Adams asked if he could be moved to another mid-level position. Ms. Dougall-Sides stated he was in an acting position but could be moved to the next lower position. Ms. Turner reminded the Board that people have been terminated and left without a job for less severe actions than Mr. Gardner’s behavior. Mr. Carroza asked if Mr. Gardner could be dropped one position. He did not agree with the Hearing Officer’s decision that he receive an $8000 cut in pay. He felt the reduction in pay should be less. Mr. Carroza moved that Mr. Gardner be returned to his position as Acting Superintendent. The motion died for lack of a second. Ms. Turner asked if Mr. Gardner would have an opportunity for advancement in the future and was advised that he would. Mr. O’Rourke stated that Mr. Gardner has been moved to another position and the City is in the process of reclassifying him to this new position. It should be completed within the next 30 to 60 days. Mr. Carroza moved to uphold the Hearing Officer’s Recommended Order. Discussion ensued concerning the options available to the Board. Several members were not comfortable with the Hearing Officer’s recommendation. Mr. O’Rourke suggested they could demote Mr. Gardner to a Public Service Supervisor I. Mr. Gardner again stated he would not accept another supervisory position with the City. After further discussion, Ms. Adams seconded Mr. Carroza’s motion. The motion passed by a vote of 4 to 1. ITEM # 4 – Director’s Reports Mr. O’Rourke stated that at the next meeting he will update the Board on the status of Mr. Gardner’s reclassification. ITEM #5 – Old Business—None. ITEM #6 – Other Items for Board Discussion—None. ITEM #7 – Employees/Citizens to be Heard—None. The meeting was adjourned at 6:20 p.m.