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HomeMy WebLinkAboutMinutes - Minutes - Personnel Board - Meeting Date: 1/18/2012 CITY OF GLENDALE PERSONNEL BOARD HEARING BRIAN LORANCE January 18,2012 @ 6:00 pm OPEN SESSION MEMBERS PRESENT: Al Lennox, Chairperson Ferne Ridley,Vice Chairperson Herbert Haley, Board Member Roberta Podzius, Board Member Richard Westby, Board Member STAFF PRESENT: Jim Brown,Acting Human Resources Director Naomi Jackson, Human Resources Administrator Lorena Sanchez-Zumph, Human Resources Generalist Adrianne Ward, Human Resources Generalist WITNESSES: Brian Lorance, Appellant Frank Lomeli, Deputy Director Field Operations Anthony Figueroa, Field Ops Equipment Operator OTHERS PRESENT: Nick DiPiazza, Chief Deputy City Attorney Stuart Kent, Executive Director Public Works Michelle Woytenko, Deputy Director Field Operations Bill Sterling, Superintendant Field Operations Eddie Enriquez, Field Ops Supervisor Zbigniew(Robert) Sikorski, Field Ops Supervisor Ronnie Keshishian, Field Ops Crewleader Frank Badilla, Field Ops Crewleader Steve Carrizoza, Field Ops Equipment Mechanic I Diedra Lorance, Appellant's Spouse Donna Ford Terrell, RPR, RMR, RDR, CRR, Certified Court Reporter #50250, documented the record of the hearing. CALL TO ORDER AND ROLL CALL (Pages 4 -6) Al Lennox, Chairperson, called the Personnel Board Hearing to order at 6:00 p.m. on Wednesday, January 18, 2012. Roll call was taken. The Appellant, Brian Lorance, was represented in Propria Persona. Frank Lomeli, Deputy Director Field Operations, represented the Respondent, City of Glendale. Brian Lorance Personnel Board Hearing Minutes January 18,2012 Page 2 ORDER OF PROOF (Page 7) The reading of the Order of Proof was waived by the Appellant and the Respondent. PURPOSE OF HEARING The purpose of the hearing was to take testimony in the matter of the disciplinary appeal requested by Brian Lorance, Equipment Operator, regarding his suspension. On July 28, 2011 Mr. Lorance was served with a Notice of Intent to Suspend without Pay for Two (2) Working Days. On September 13, 2011 Mr. Lorance received his Notice of Suspension. Mr. Lorance's suspension from his position as an Equipment Operator was based on his violation of City of Glendale Human Resources Policies and Procedures. Specifically,he continued to demonstrate a pattern of conduct unbecoming of a City employee, negligent and careless job performance and failed to exercise safety practices in the performance of his job responsibilities. Mr. Lorance also continued to be involved in vehicle accidents in which he has been deemed to be negligent and at fault. His actions constituted major performance deficiencies in violation of City policy and negatively impact his department's operations. BACKGROUND Mr. Lorance, despite receiving previous disciplinary actions, continued to display an inability or unwillingness to correct his overall poor job performance. Below are the details of his ongoing performance deficiencies: Quality and Quantity of Work: Incident 1 On June 29, 2011, Mr. Lorance missed ten (10) homes on Kristal Way between 75th Avenue to 76th Avenue on his route. Incident 2 On May 09, 2011, Mr. Lorance received his Performance Management Program Core Competency Initial Review. At that time, it was communicated to him that during the rating period he had four (4) incidents of missed streets on his routes. In addition, in the Goal of Quality & Quantity, he received an "Improvement Needed" for the number of missed streets. Since receipt of his review, Mr. Lorance had three (3) more incidents of missed streets. On May 09, 2011, Mr. Lorance missed seven (7) homes in the cul-de-sac at 64th Avenue and Diana Avenue. Incident 3 On May 04, 2011, Mr. Lorance missed nine (9) dots on Route 7 which resulted in ninety seven (97) containers being missed. This caused an impact to the division due to the fact a truck had to be sent to the areas of service missed, thus incurring the costs of time and fuel. Mr. Lorance's actions have negatively affected the level of customer service the -2 - Brian Lorance Personnel Board Hearing Minutes January 18,2012 Page 3 Field Operations' department provides, as well as the services residents expect from the city. This has caused a great inconvenience not only to the division but also to the residents served. Safety: Incident 1 On March 29, 2011, Mr. Lorance was assigned side load truck #6272D65 for the day. While servicing the container at 5215 W. Voltaire Drive, he tried to separate the refuse container and recycling container with the truck's grippers, causing the refuse container to be pushed back hitting the border wall causing damage to it. In accordance with the training he received, Mr. Lorance should have gotten out of his truck to move the containers away from each other prior to servicing them. This may have avoided damage to the property. All Equipment Operators, including Mr. Lorance, have been repeatedly reminded to be aware of their surroundings when operating equipment. However, Mr. Lorance failed to operate his assigned equipment in a safe manner, demonstrating negligence and carelessness in his assigned duties. As a result of Mr. Lorance's negligent and careless job performance and unsafe operation of his vehicle, he created a liability to the City of Glendale in the amount of$270.60 to repair the damage to the wall. April 13, 2011,the Public Works Group Safety Committee deemed this accident preventable. POLICY VIOLATIONS Mr. Lorance's actions demonstrated major performance deficiencies in violation of the following Human Resources Policies & Procedures, as well as Glendale City Court Policies&Procedures. HR Policy#504—Employee Conduct Employees shall at all times conduct themselves in a way that reflects favorably on the public they serve. The City upholds,promotes and demands the highest standards of ethics from all of its employees. All employees are expected to respect and comply with all federal, state and local laws, including all municipal policies, rules,regulations, directives and procedures. HR Policies and Procedures #513—Disciplinary Policy Major Deficiencies: These are acts that involve questions of trust or honesty, constitute a threat to the orderly City operations or pose a threat to the health, welfare or safety of employees or other individuals. • Continued performance deficiencies after previous disciplinary action • Conduct unbecoming of a City employee • Major Insubordination ➢ Neglect or carelessness resulting in injury or damage -3 - Brian Lorance Personnel Board Hearing Minutes January 18,2012 Page 4 • Violation of safety laws,regulations, or guidelines • Negligence or careless job performance • Negligence with or loss of City property or equipment CITY'S OPENING STATEMENT (Pages 7- 10) Frank Lomeli, Deputy Director Field Operations, representing the Respondent, gave the City's opening statement. APPELLANT'S OPENING STATEMENT (Page 11) Brian Lorance, in Propria Persona, gave the opening statement for the Appellant. CITY PRESENTATION (Pages 11 -36, 61 —67,85) Frank Lomeli, Deputy Director Field Operations, representing the Respondent, presented the City's case. The following witnesses were called to testify for the City. All witnesses were sworn in. Frank Lomeli, Deputy Director Field Operations (Pages 12—37) APPELLANT'S PRESENTATION (Pages 36 - 61, 67—86) Brian Lorance, in Propria Persona,presented the Appellant's case. The following witnesses were called to testify for the Appellant. All witnesses were sworn in. Brian Lorance,Appellant(Pages 38 - 67) Anthony Figueroa, Equipment Operator(Pages 68—86) CITY CLOSING ARGUMENTS (Pages 87-94) APPELLANT CLOSING ARGUMENTS (Pages 94-96) CITY FINAL ARGUMENTS (Pages 96 -97) EXHIBITS Frank Lomeli, Deputy Director Field Operations, representing the Respondent, requested all exhibits relevant to this hearing be admitted into evidence. One additional exhibit,the Post Trip Inspection for March 29, 2011, was also entered into evidence without objection. PERSONNEL BOARD RECOMMENDATIONS The Personnel Board deliberated the testimony and voted in Open Session. -4- Brian Lorance Personnel Board Hearing Minutes January 18,2012 Page 5 Question No. 1 (Pages 97- 98) Chairperson Al Lennox called to entertain discussion and called for a vote on item number one (1): Was the action of the Appointing Officer based on political, religious or racial prejudice? No discussion was held by the Board regarding this question. All members present voted no--The action of the Appointing Officer was not based on political, religious or racial prejudice. Question No. 2 (Page 98) Chairperson Al Lennox called to entertain discussion and called for a vote on item number two (2): Did the City follow its policies and procedures that provide employees with the right to appeal certain disciplinary actions? No discussion was held by the Board regarding this question. All members present voted yes--The City did follow its policies and procedures that provide employees with the right to appeal certain disciplinary actions. Question No. 3 (Pages 98 -99) Chairperson Al Lennox called to entertain discussion and called for a vote on item number three (3): Did the Appointing Officer have just cause to take disciplinary action based on the stated violations of the Human Resources Policy? No discussion was held by the Board regarding this question. However, Board Member Podzius stated she had a few comments she would like to reserve for after the vote. All members present voted yes--The Appointing Officer did have just cause to take disciplinary action based on the stated violations of the Human Resources Policy. Question No. 4 (Pages 99 - 100) Chairperson Al Lennox called to entertain discussion and called for a vote on item number four (4): Does the Board sustain or not sustain the action of the Appointing Officer, based on the facts and information presented to the Board? No discussion was held by the Board regarding this question. Chairperson Al Lennox called for a vote. The question was voted upon and passed unanimously. All members present voted to sustain the disciplinary action of the Appointing Officer, based on the facts and information presented to the Board. Chairperson Lennox provided Board Member Podzius an opportunity to make comments per her request. Ms. Podzius stated when the Board meets theyalways tryto look at other qwa Y opportunities for process improvement. She stated maybe the potential exists to regionalize in smaller sections so floaters can have more time to work within certain areas to become more knowledgeable of the area in an effort to avoid missed houses or streets. -5 - Brian Lorance Personnel Board Hearing Minutes January 18,2012 Page 6 She stated she also found the maps confusing and recommended that a review of the maps be made. Board Member Podzius also communicated if employees notice a problem, they should document it and follow proper protocol. She stated she saw an opportunity for improvement here with both parties. CONCLUSION BY THE CHAIR(Page 100) Chairperson Al Lennox concluded the Board found the specific evidence presented at this hearing justifies the discipline administered in this matter and therefore voted to recommend the disciplinary action be sustained. The hearing adjourned at 8:01 p.m. Submitted by: Jim Brown Acting Human Resources Director -6-