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HomeMy WebLinkAboutMinutes - Minutes - Personnel Board - Meeting Date: 5/16/2018N MINUTES PERSONNEL BOARD HEARING CITY HALL - ROOM B3 5850 W. GLENDALE AVE. GLENDALE, ARIZONA 85301 MAY 16, 2018 6:00 P.M. 1. CALL TO ORDER Board Chair Davita Solter called the Personnel Board Hearing to order at 6:00 p.m. 2. ROLL CALL Present: Davita Solter, Chair Linda Gomez, Vice Chair Lorenzo Herrera, Board Member Becky Shady, Board Member Ray Strahl, Board Member Also Present: Jim Brown, Human Resources Director Naomi Jackson, Administrator, HR Nancy Mangone, Assistant City Attorney LeJeune Boone, HR Business Partner Kerry Sheward, HR Business Partner Attendees: Donna Terrell, Court Reporter Eric Hirschberg, Appellant Robert Hirschberg, Asst. to Appellant Ron Serio, Deputy Director, Water Svcs Dept. Savannah Gibson, Temp. Lab Technician, Water Svcs Anthony Jones, Water Quality Lab Chemist Jim Williams, Water Quality Lab Manager Heather King, QA Coordinator, Water Svcs Dept. Jon Flatt, Sr. Engineering Inspector, Water Svcs 3. CITIZEN COMMENTS Chair Solter called for citizen comments. No citizens came forward to speak at this meeting. 4. APPROVAL OF MINUTES The minutes of the March 29, 2018 Business Meeting were approved by the Personnel Hearing Board. Motioned by Board Member Becky Shady, seconded by Board Member Ray Strahl AYE: Chair Davita Solter Vice Chair Linda Gomez Board Member Lorenzo Herrera Board Member Becky Shady Board Member Ray Strahl Passed 5. 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 Water Services Laboratory Technician employee, Eric Hirschberg, regarding his termination of employment. On March 1, 2018, this employee was served with a Notice of Intent to Terminate Employment. On March 21, 2018, the employee was service a Notice to Terminate Employment. Mr. Hirschberg's employment with the City of Glendale was terminated on March 22, 2018. Mr. Hirschberg's termination from his position as a Laboratory Technician was based on his violations of City of Glendale Human Resources Policies and Procedures. The City of Glendale Human Resources Department conducted an investigation into allegations against him of unbecoming conduct and workplace harassment. The findings of this investigation substantiated that Mr. Hirschberg engaged in inappropriate behaviors and conversations in the workplace, including those of a sexual nature. Mr. Hirschberg's actions had the effet of creating an intimidating, hostile or offensive work environment and constituted major performance deficiencies in violation of City policy. Further, his actions created a potential liability to the City of Glendale organization. The Respondent, City of Glendale, was represesented by Nancy Mangone, Assistant City Attorney. The Appellant was represented in Propria Persona by Mr. Hirschberg and assisted by his father, Mr. Robert Hirschberg. 6. ORDER OF PROOF The reading of the Order of Proof was conducted by Board Chairman Davita Solter, 7. OPENING STATEMENTS Ms. Mangone gave the City's opening statement. Mr. Hirschberg gave his opening statement. 8. CITY PRESENTATION Ms. Mangone presented the City's case. The following witnesses were called to testify for the City and sworn in: Savannah Gibson, Temporary Laboratory Technician, Glendale Water Services Dept. Anthony Jones, Water Quality Lab Chemist, Glendale Water Services Dept. Kerry Sheward, HR Business Partner, Glendale Human Resources Dept. Ron Serio, Deputy Director, Glendale Water Services Dept. 9. APPELLANT PRESENTATION Mr. Hirschberg presented his case. The following witnesses were called to testify for the Appellant and sworn in: Heather King, QA Coordinator, Glendale Water Services Dept. Jon Flatt, Senior Engineering Inspector, Glendale Water Services Dept. Jim Williams, Water Quality Lab Manager, Glendale Water Services Dept. 10. CLOSING ARGUMENTS The City gave its closing arguments. The Appellant gave its closing arguments. All exhibits initally submitted by the Appellant were admitted into evidence without discussion. However, Ms. Mangone, objected to Mr. Hirschberg's attempts to submit additional exhibits related to an alleged medical condition heretofore not disclosed to the City during his employment. The submission of those exhibits was denied by the Board. 11. DELIBERATIONS AND VOTE Chair Solter called for the Board to deliberate the testimony in Open Session. The Board discusssed the following questions and voted on each one. Question 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. The Board members unanimously voted 'no'- the action of the Appointing Officer was not based on political, religious or racial prejudice. Question 2: Did the City follow its policies and procedures that provide employees with the right to appeal certain disciplinary actions? Board Members Lorenzo Herrera and Ray Strahl initiated discusion on this question. Board Member Herrera stated that he believed the City tried multiple times to provide access to the employee and made sure that city policies were followed. Board Member Strahl stated he believed the City had gone above and beyond regarding their policies and had taken great care in trying to administer it. There was no further discussion by the Board on this question. The Board Members unanimously voted 'yes'- the City did follow its policies and procedures that provide employees with the right to appeal certain disciplinary actions. Question 3: Did the Appointing Officer have just cause to take disciplinary action based on the stated violations to the Human Resources Policies? Board Member Herrera started a discussion on this question. He stated that one of the things that really struck him was the job description for Mr. Hirschberg's former position. He spoke about the importance of the performance of this position because it has an impact on the water supply for thousands of Glendale residents. He admonished Mr. Hirschberg that all of these important duties were in his job description. The Board members unanimously voted 'yes' - that the Appointing Officer did have just cause to take disciplinary action based on the stated violations of the Human Resources Policies. Question 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. The Board Members unaimously voted to sustain the disciplinary action regarding the termination of Mr. Hirschberg. 12. CONCLUSION AND PERSONNEL BOARD RECOMMENDATION Chair Solter concluded in reliance upon the evidence submitted at this hearing, the Board found the specific reasons presented at this hearing did justify the discipline administered in this matter regarding Mr. Hirschberg's termination and therefore all Board Members unaimously voted to recommend the disciplinary action be sustained. 13. NEXT MEETING The next regular meeting of the Personnel Board is to be determined and will be held at 6:00 p.m. at City Hall, located at 5850 W. Glendale Ave., Glendale, Arizona, 85301. 14. ADJOURNMENT The hearing was adjourned at 10:35 p.m. The Personnel Board meeting minutes of May 16, 2018 were submitted and approved this 15th day of May 2019. /s/Jim Brown Jim Brown Recording Secretary