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HomeMy WebLinkAboutMinutes - Minutes - Personnel Board - Meeting Date: 7/24/2013 CITY OF GLENDALE PERSONNEL BOARD HEARING GREGORY DOMINGUEZ July 24,2013 @ 6:00 pm OPEN SESSION MEMBERS PRESENT: Richard Westby, Chairperson Herbert Haley, Vice Chairperson Bud Zomok,Board Member Stephen Gilman,Board Member STAFF PRESENT: Jim Brown,HR&Risk Mgmt. Executive Director Naomi Jackson,Human Resources Administrator Karen Doncovio,Human Resources Generalist LeJeune Boone,Human Resources Generalist WITNESSES: • Gregory Dominguez,Appellant Neil Landeen,Attorney for the Appellant Debora Black,Police Chief Nick DiPiazza, Acting City Attorney Kimberly Dominguez,Police Sergeant Preston Becker,Retired GPD Asst. Police Chief Joseph LeDuc,Police Lieutenant, SPD OTHERS PRESENT: Richard Bradshaw, Police Officer Bethany Bradshaw,Appellant's Friend Chris Bradshaw, Observer Janan Dominguez, Appellant's Daughter Dave Courter,Appellant's Brother-In-Law Rhonda Savoia, Observer Michael Savoia, Observer Marcia Zientek,Management Assistant , Christina Parry,Assistant City Attorney Justin Harris, Police Officer Mark Campbell,Manager Brandon Keefer, Officer Dan Rincon, Police Sergeant, SPD Julie Pendergast, Police Officer Mark Craig, Observer Jay O'Neil,Police Sergeant Lorena Sanchez, Human Resources Generalist Wence Arevalo,Police Sergeant Jim Mann,Executive Director,AZFOP Gregory Dominguez Personnel Board Hearing Minutes August 2,2012 Page 2 Janneth Washington,Police Support Svcs. Spvr. April Wallace,Police Sergeant Michael Dominguez,Appellant's Son Cameron M. Bitner,Appellant's Friend Wendy Gleason, Observer David Lebowitz, Observer Joseph Harris, Police Union Observer Pat Nasworthy, Observer Donna Ford Terrell, RPR, RMR, RDR, CRR, Certified Court Reporter #50250, documented the record of the hearing. CALL TO ORDER AND ROLL CALL (Pages 4-8) Richard Westby, Chairperson, called the Personnel Board Hearing to order at 6:11 p.m. on Wednesday, July 24, 2013. Roll call was taken. The Appellant was represented by Attorney Neil Landeen of Yen Pilch Komadina&Flemming, P.C. Nick DiPiazza,Acting City Attorney,represented the Respondent, City of Glendale. SWEARING IN OF BOARD MEMBER(Pag_es 4 -6) Richard Westby, Chairperson, administered the Board and Commission Oath to Mr. Stephen Gilman,who was newly appointed to the Personnel Board. ORDER OF PROOF(Page 9) The reading of the Order of Proof was waived by the Attorneys representing 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 Police Commander Gregory Dominguez regarding his involuntary demotion and suspension of employment. On April 18, 2013 this employee was served with a Notice of Intent to Involuntarily Demote and Suspend without Pay for Forty (40) Work Hours. On May 1, 2013,the employee was served a Notice of Involuntary Demotion and Suspension without Pay for Forty(40)Work Hours. Mr. Dominguez' involuntary demotion and suspension from his position as Assistant Police Chief was based on his violation of City of Glendale Human Resources Policies and Procedures and Glendale Police Department General Orders. Specifically, the Glendale Police Department conducted an Administrative Investigation (2013-007) into allegations that Mr. Dominguez made threats against a business and one of their employees. The findings of the investigation sustained the allegations made against Mr. Dominguez. His actions constituted major performance deficiencies in violation of City policy. -2- Gregory Dominguez Personnel Board Hearing Minutes August 2,2012 Page 3 BACKGROUND On February 11, 2013 Mr. Dominguez went to Spanky's Smoke Shop,walked around the shop, and spoke to an employee, asking if they had Spice. The employee told him they do not sell Spice. He then asked the employee if he knew his son and told him not to sell to him again. Mr. Dominguez stated that his son comes to the shop all the time and that he did not want him in there again. Mr. Dominguez then threatened to burn the store down if the employee continued to sell items to his son. On February 17, 2013 Mr. Dominguez drove to the smoke shop a second time and waited until the shop closed. He again contacted the same employee as he came out of the shop. Again, he told him to stop selling Spice to his son. Mr. Dominguez told the employee if he ever sold Spice to his son again,he would kill him. While confronting the employee in the parking lot,the employee was going to call the Peoria Police Department. However he said Mr. Dominguez stated, "Those are all my boys." The employee stated, ". . . .He's probably right. I just hung up." The employee then attempted to call his boss on his cell phone. The call went to voicemail and Mr. Dominguez' voice can be heard in the background stating, "You sell spice to my son again, that's a fucking problem." During the employee's interview he indicated that he felt threatened by Mr. Dominguez on the second occasion, due to the way he "came at him." The employee's concern caused the store owner to schedule additional staff to work with the employee during his shift. During Mr. Dominguez' interview he stated that he could have made the statement, but he could not remember specifically. When asked, Mr. Dominguez said the threat was conditional. He said he was scared and you didn't know what was going to happen to his son. When asked if he contacted Peoria Police to report the activities of the smoke shop, he indicated that he had not. Mr. Dominguez stated, "If I thought, um, doing that would have - would save my son, I would have done it." He further explained, based on his 27 years of experience that he knew the response would not be immediate if he called police. Mr. Dominguez said he needed them to stop selling to his son immediately. When asked if he ever had any intent to carry out the threat if the employee continued to sell Spice to his son, Mr. Dominguez replied, "Absolutely not." Mr. Dominguez was asked what was the purpose in telling the employee he would kill him if he continued to sell Spice to his son. He said it was to save his son's life. The smoke shop owner became aware of what occurred and contacted Peoria Police Department. He also later contacted the Glendale Police Department's Professional Standards Unit. The smoke shop owner called Glendale to report the incident, and he threatened to contact the media if his concerns were not addressed. The Peoria Police Department documented what was reported in the "CAD Narrative"; however, no formal report was taken and no charges were filed because the victim did not desire prosecution. Through the course of the investigation, video from the smoke shop was provided to the Department. Mr. Dominguez was observed on the footage from February 11, 2013. He -3- Gregory Dominguez Personnel Board Hearing Minutes August 2,2012 Page 4 was seen conversing with an employee and walking around the store. On February 17, 2013, his voice was heard, in the background, of a voicemail message that came from the employee's cell phone. During a subsequent interview, Mr. Dominguez confirmed that he was present for both aforementioned incidents, although he could not remember the specific dates. Mr. Dominguez' actions caused a negative impact on the professional image of this Department and could have potentially affected the public's confidence in the Department's ability to operate efficiently and provide the services necessary to the citizens of Glendale. Mr. Dominguez' actions also constituted off-duty conduct that may bring discredit to employees of the City. PERFORMANCE AND PREVIOUS DISCIPLINARY HISTORY On July 19, 2011, you received a Letter of Counsel, for a motor vehicle collision, Departmental Investigation 2011-076. POLICY VIOLATIONS Your conduct demonstrates major performance deficiencies and is in violation of the following City of Glendale Human Resources Policies and Procedures: No. 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. Employees should maintain the utmost standards of personal integrity, truthfulness, honesty, and fairness in carrying out their public duties, avoid any improprieties in their roles as public employees, and never use their City position or power for improper personal gain. All employees are expected to respect and comply with all federal, state, and local laws, including all municipal policies, rules, regulations, directives, and procedures. No.513—Disciplinary System,Section II.E.2 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. • Conduct unbecoming of a City employee o Abusive attitude, language or conduct,toward the public o Off duty conduct which may bring discredit to employees of the City -4- Gregory Dominguez Personnel Board Hearing Minutes August 2,2012 Page 5 Your conduct is also in violation of the following Glendale Police Department General Orders: General Order 22.040 Unbecoming Conduct A. Unbecoming conduct is any conduct that adversely affects either the public confidence in the ability of the Department to provide necessary services to the community, or the morale and/or efficient operation of the Department. Sanction: G.O.22.040.B B. In the event an incident(s) of unbecoming conduct is not specifically addressed in this directive, the discipline an employee may receive will depend on the severity of the conduct, with aggravating and mitigating circumstances being considered. The discipline may range from counseling to termination. General Order 22.045 Criminal Offenses/Detrimental Conduct A. The commission of any criminal offense shall subject the employee to disciplinary action except when authorized by a supervisor and performed for law enforcement purposes. Sanction: General Order 22.045.D.1 1. Employees involved in the commission of a misdemeanor: The discipline an employee may receive will depend on the severity of the crime, with aggravating and mitigating circumstances being considered. The discipline may range from suspension to termination. CITY'S OPENING STATEMENT (Pages 10 - 15) Nick DiPiazza, Acting City Attorney, representing the Respondent, gave the City's opening statement. APPELLANT'S OPENING STATEMENT (Page 15 - 16) Neil Landeen,Attorney, gave the opening statement for the Appellant. CITY PRESENTATION (Pages 16 - 32, 42 — 43, 45 — 66, 71 — 73, 76 — 78, 93 — 96, 127-147) Nick DiPiazza, Acting City Attorney, representing the Respondent, presented the City's case. The following witnesses were called to testify for the City and sworn in: -5 - Gregory Dominguez Personnel Board Hearing Minutes August 2,2012 Page 6 Debora Black, Police Chief, Glendale Police Department(Pages 17—46) Joseph LeDuc,Lieutenant, Scottsdale Police Department(Pages 46—77) APPELLANT'S PRESENTATION(Pages 32 -42, 66—71, 74—75,78—93,96—127, 147-149, 152—154) Neil Landeen,Attorney,presented the Appellant's case. The following witnesses were called to testify for the Appellant and sworn in: Kimberly Dominguez,Police Sergeant, Glendale Police Department(Pages 78—89) Preston Becker,Former Asst. Police Chief, Glendale Police Department(Pages 89 - 96) Gregory Dominguez, Appellant(Pages 96— 160) CITY CLOSING ARGUMENTS (Pages 160 - 173) APPELLANT CLOSING ARGUMENTS (Pages 174 - 181) CITY FINAL ARGUMENTS (Pages 181 - 182) EXHIBITS Attorney DiPiazza, representing the Respondent, and Attorney Landeen, representing the Appellant, both stipulated that all of the exhibits provided by the City and all of the exhibits provided by the Appellant, be admitted into evidence without objection from either side and without the formality of offering those individual items into evidence throughout the proceedings. PERSONNEL BOARD RECOMMENDATIONS The Personnel Board deliberated the testimony and voted in Open Session. Question No. 1 (Pages 183) Richard Westby, Chairperson, 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 183) Richard Westby, Chairperson, 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? -6- Gregory Dominguez Personnel Board Hearing Minutes August 2,2012 Page 7 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 184- 185) Richard Westby, Chairperson, 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. 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 185- 190) Richard Westby, Chairperson, 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? Discussion was held by all Board members regarding this question. Board Member Haley stated it was disheartening to have someone that has served the community for so long in so many different functions to find himself going through some difficult times. He stated both he and Mr. Dominguez understood he acted inappropriately. Mr. Haley stated his recommendation would not be for a demotion, but he could certainly see where a five-day suspension would be appropriate,based on the two occurrences of the incidents at the smoke shop. Board Member Zomok commented after his review of the video tape it did not appear that Mr. Dominguez was angry or that he slammed the door when he walked out of the smoke shop. Mr. Zomok also stated based on the comments of the employee at the smoke shop his actions did not match with the victim mentality presented during the hearing. He stated he believed the demotion was harsh and the suspension was adequate. Board Member Gilman stated he believed the demotion was too harsh,but the suspension was adequate. Mr. Gilman did not believe the criteria for an involuntary demotion was met in accordance with policy. Board Chairperson Westby began his comments by acknowledging this was a difficult hearing. However,he stated he had to forget the emotional aspect of this situation and be more pragmatic. He stated Commander Dominguez violated City policy and departmental guidelines. He stated the higher in rank you are,the higher the standard that needs to be met. He stated there is a difference between being an Assistant Police Chief and a Sergeant or Patrolman. Mr. Westby stated he voted to sustain both the reduction in grade and also the five day suspension without pay. -7 - Gregory Dominguez Personnel Board Hearing Minutes August 2,2012 Page 8 All members present voted to sustain the disciplinary action regarding the suspension of employment of Mr. Dominguez. The Board voted 3 to 1 not to sustain the involuntary demotion of Mr. Dominguez. CONCLUSION BY THE CHAIR(Page 190) Richard Westby, Chairperson,concluded the Board found the specific evidence presented at this hearing did not justify the discipline administered in this matter in regard to Mr. Dominguez' involuntary demotion and therefore voted to recommend the disciplinary action not be sustained. In regard to the suspension of Mr. Dominguez' employment, the Board voted to recommend the disciplinary action be sustained. The hearing adjourned at 10:28 p.m. Submitted by: 't Jim Brown ;Human Resources&Risk Management Executive Director -8 -