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Home My WebLink AboutMinutes - Minutes - Personnel Board - Meeting Date: 10/16/2013 CITY OF GLENDALE PERSONNEL BOARD HEARING DONALD BOLTON October 16,2013 @ 6:00 pm OPEN SESSION MEMBERS PRESENT: Richard Westby, Chairperson Herbert Haley,Vice Chairperson Bud Zomok, Board Member STAFF PRESENT: Jim Brown, HR& Risk Mgmt. Executive Director Naomi Jackson, Human Resources Administrator Karen Doncovio, Human Resources Generalist Dianne Shoemake, Risk Manager Katie Douglas, Human Resources Generalist Lorenz Sanchez, HR& Risk Management Sr. Analyst CITY WITNESSES: Michael D. Moberly, Esq., Respondent Attorney John Fry, Esq., Respondent Attorney Brenda S. Fischer, ICMA-CM, City Manager APPELLANT WITNESSES: Tod F. Schleier, Esq., Appellant Attorney Donald Bolton, Appellant OTHERS PRESENT: Nicholas DiPiazza, Chief Deputy City Attorney Julie Frisoni, Interim Assistant City Manager Paul Giblin, Reporter, AZ Republic Don Johnsen Vicki Bolton Horatio Skeete Becky Shady 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) Richard Westby, Chairperson, called the Personnel Board Hearing to order at 6:00 p.m. on Wednesday, October 16, 2013. Roll call was taken. The Appellant was represented Donald Bolton Personnel Board Hearing Minutes October 16,2013 Page 2 by Attorney Tod F. Schleier of Schleier Law Offices, P.C. Attorney Michael D. Moberly of Ryley Carlock& Applewhite represented the Respondent, City of Glendale. ORDER OF PROOF (Page 6) 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 a City of Glendale Financial Services employee regarding his termination. On August 22, 2013 this employee was served with a Notice of Intent to Terminate Employment. On August 30, 2013, the employee was served a Notice of Termination of Employment. BACKGROUND Mr. Bolton's termination from his position as Chief Budget Officer was based on his violation of City of Glendale Human Resources Policies and Procedures. Specifically,the results of an external audit indicated Mr. Bolton was dishonest and misleading in providing information to the Glendale City Council on numerous occasions. His actions constituted major performance deficiencies in violation of City policy, including conduct unbecoming of a City employee and conduct which is a violation of public policy or trust. POLICY VIOLATIONS Mr. Bolton's actions/performance were in violation of the following Human Resources Policies & Procedures: No. 504—Employee Conduct Section I 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. • No. 513—Disciplinary Policy Major Deficiencies These acts 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 ➢ On or off duty conduct which may bring discredit to employees of the City -2 - Donald Bolton Personnel Board Hearing Minutes October 16,2013 Page 3 • Conduct involving dishonesty or untruthfulness • Willful, knowing or reckless falsification or omission of records, reports, forms, information, or any other document submitted by an employee • Conduct which is a violation of public policy or trust. CITY'S OPENING STATEMENT (Page 8-13) Attorney Michael D. Moberly of Ryley Carlock & Applewhite represented the Respondent, City of Glendale. APPELLANT'S OPENING STATEMENT (Page 13 -22) The Appellant was represented by Attorney Tod F. Schleier of Schleier Law Offices, P.C. CITY PRESENTATION (Pages 22 —69, 92, 129 - 159) Attorney Michael D. Moberly representing the Respondent,presented the City's case. The following witness was called to testify for the City and sworn in: Brenda S. Fischer, ICMA-CM, City Manager(Pages 23—91) APPELLANT'S PRESENTATION (Pages 69—91, 92— 129) Attorney Tod F. Schleier of Schleier Law Offices, P.C., representing the Appellant, presented Mr. Bolton's case. The following witness was called to testify for the Appellant and sworn in: Donald Bolton, Appellant (Pages 93 - 159) CITY CLOSING ARGUMENTS (Pages 159 - 162) APPELLANT CLOSING ARGUMENTS (Pages 163 - 172) CITY FINAL ARGUMENTS (Pages 172 - 175) EXHIBITS All exhibits provided by the City and by the Appellant were admitted into evidence without discussion. PERSONNEL BOARD RECOMMENDATIONS The Personnel Board deliberated the testimony and voted in Open Session. Question No. 1 (Pages 175 - 176) - 3 - Donald Bolton Personnel Board Hearing Minutes October 16,2013 Page 4 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 176) 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? Vice Chair Haley commented that he did have some reservations regarding the NOI that was served and the specifics outlined in the memo. However, he stated based on the testimony, he believed Mr. Bolton did know and did understand exactly what the charges against him were for and what they were about. 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 (Page 177) 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 (Page 177) 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? No discussion was held by the Board regarding this question. All members present voted yes, to sustain the action of the Appointing Officer, based on the facts and information presented to the Board. CONCLUSION BY THE CHAIR(Page 178) Richard Westby, Chairperson, concluded the Board found the specific evidence presented at this hearing justified the discipline administered in this matter in regard to Mr. Bolton's termination and therefore voted to recommend the disciplinary action be sustained. -4 - Donald Bolton Personnel Board Hearing Minutes October 16,2013 Page 5 The hearing adjourned at 9:32 p.m. Submitted by: im Brown uman Resources & Risk Management Executive Director -5 -