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CAUSE NO. 2012-CI-8758 2012 C 108 7A 00034 FILED IN IN THE DISTRICT4th COURT COURTOF APPEALS CARMELLA GUERRERO, § SAN ANTONIO, TEXAS0' ) Plaintiff, § " 11/17/2015 7:02:43 PM VS. § 2-25 TH JUDICIAL DISTRICT KEITH E. HOTTLE Clerk § BEXAR COUNTY CIVIL SERVICE § COMMISSION, § Defendant § OF BEXAR COUNTY, TEXAS NOTICE OF FILING OF ORIGINAL RECORD AND HEARING TRANSCRIPT Defendant, Bexar County Civil Service Commission files the attached reporter's record and clerk's original record per Texas Local Government Code 158.0122(a) Respectfully submitted, Clarkson F. Brown State Bar No. 00798082 Assistant Criminal District Attorney - Civil Section 300 Dolorosa, Suite 5049 San Antonio, Texas 78205-3030 Telephone: (210) 335-3918 Telecopier: (210) 335-2151 cbrown(ZIbexar.org A11TORNEY FOR DEFENDANT A]. fl d Ba ES:I ci UI P4VI KOZ fl AlNiiUJ
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N U) in in in in in in in in in in in in in in in in in in in in in in in in in in H0000000.0000000 0000011) to - 0 tO to to to to to to toto to to to to to to to to to N ID to C en en en en en en en en en en en en CV) en en in in en en en H LI) 0) 0) 0) 0) 0) 0) 0) (n 0) a C) C) 0) C) 0) 0) 0) 0) 0) 't 00 00 E H 00 to 0) 00 H 00 0 00 00 en 0 00 00 LI), 0 - 00 en 0 m0• Hor4oNoNNo1oHr4oNorenNoNrn N IN H H N N en en LI) LI) to to N N 00 00 0) 0) 0) 0 H H H UJHH0000000000000000000HHHH 0 0 0 H H H H H H H H H H H H H H H H H H H H H H 000000000000000 0000000000 CNNNNNrN NrN NNN >00) NO U) C) NC) U) H LI).0) U) 0) H LI) C) U) 0).to 0 U) 0) ' (5rn0NN0N0NHNoroNNoHoNHeor HNNHHNNenen U,U)tO-toNN0000C)C)00HH UI H H H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 H H H H - OOHHHHHHHHHHHHH HHHHHr4HH HH H H H H H H H H 0 H H H H H H H H H H H H H H H H °000000000000000 0000000000 NNNNNNNNNNNNNNNNNNC%JNN O LI) 0 q H U) 03 LI) H 4 0) en H U) 0 LI) 0) U) H U) 0 4 H U) 0 U) > HenHCflHNr1rnH• NHenHenHN• HeflHHHflH (5 N N H H N CS en en U) U) to to N N 00 00 C) C) 0 0 H H N 0. H H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 H H H H H 0. HNenLI)toN00C)oHNenLrtaNO3C)oHNm > H H H H H H H H H H N N N N N 0. TR-0082 NO. 1 O-BCCS-022 IN THE MATTER OF CARMELLA BEXAR COUNTY CIVIL SERVICE GUERRERO RELATIVE TO COMMISSION, BEXAR cOuNTY; TEXAS EMPLOYMENT IN THE BEXAR COUNTY INFORMATION TECHNOLOGY DEPARTMENT, BEXAR COUNTY, TEXAS ORDER On the 26th day of April, 2012, came onto be heard the case of Carmella Guerrero vs Bexar County Information Technology Department (1 0-BCCS-022) before the Bexar County Civil Service Commission. Chairman Gina M. Elliott presided. Commissioner Ruben L. Cortez and Commissioner Joe Gimblet were also in attendance. Carmella Guerrero attended in person and was represented by her attorney Orlando Lopez: The Bexar County Information Technology Department appeared through Catherine Maras, Chief Information Officer, and was represented by Clark Brown, Assistant Criminal District Attorney, Civil Sectipn. Also present were: Tina Singh, Contract Employee, Bexar County Information Technology Department; Gilbert Louis Sanchez, Technical Support Manager, Bexar County Information Technology Department; Robert Hampel, Deputy Chief Information Officer, Bexar County Information Technology Department; David Mandujano, Former Technical Support Manager, Bexar County Information Technology Department; Chauncey Spencer, Former Jail Administrator, Bexar County Sheriffs Office; Andrea San Miguel, Director for the Commission; and Nelda Tanaka, Office Assistant III, Bexar County Civil Service Commission. After listening to testimony and reviewing the evidence submitted by both parties in this case, and after deliberating, the Commission, by unanimous decision, has determined that the demotion of Carmella Guerrero should be overturned and that Ms. Guerrero should be granted back pay and TR-0083 CASE #10-BCCS-022 CARMELLA GUERRERO VS BEXAR COUNTY INFORMATION TECHNOLOGY DEPARTMENT benefits for the difference in pay at the rate of pay when she was demoted until the position was eliminated in the budget on October 1, 2011. Ms. Guerrero will remain in her current position of Technology Business Analyst at her current salary. IT IS HEREBY ORDERED that the demotion of Carmella Guerrero is overturned and that Ms. Guerrero will be granted back pay and benefits for the difference in pay at the rate of pay when she was demoted until the position was eliminated in the budget on October 1, 2011. IT IS FURTHER ORDERED that Ms. Guerrero will remain in her current position of Technology Business Analyst at her current salary. IT IS FURTHER ORDERED that pursuant to Local Government Code, Chapter 158, Subchapter A., County Civil Service System, Section 158.0123 (a) the Commission shall require a party who appeals a final decision to pay one-half of the cost of preparation of the original or a certified copy of the record of the Commission proceeding that is required to be sent to the reviewing court. SIGNED AND ENTERED this the 26th day of April, 2012. THE BEXAR COUNTY CIVIL SERVICE COMMISSION LINA . ELLIOTT, CHAIRMAN RUBEN L. CORZ, COMMISSI9NR TR-0084 CASE #10BCCS022 CARMELLA GIJERRERO VS BEXAR COUNTY INFORMATION TECHNOLOGY DEPARTMENT benefits for the difference in pay at the rate of pay when she was demoted until the position was eliminated in the budget on October 1, 2011. Ms. Guerrero will remain in her current position of Technology Business Analyst at her current salary. IT IS HEREBY ORDERED that the demotion of Carmella Guerrero is overturned and that Ms. Guerrero will be granted back pay and benefits for the difference in pay at the rate of pay when she was demoted until the position was eliminated in the budget on October 1, 2011. IT IS FURTHER ORDERED that Ms. Guerrero will remain in her current position of Technology Business Analyst at her current salary. IT IS FURTHER ORDERED that pursuant to Local Government Code, Chapter 158, Subchapter A., County Civil Service System, Section 158.0123 (a) the Commission shall require a party who appeals a final decision to pay one-half of the cost 'of preparation of the original or a certified copy of the record of the Commission proceeding that is required to be sent to the reviewing court. SIGNED AND ENTERED this the 26th day of April, 2012. THE BEXAR COUNTY CIVIL SERVICE COMMISSION 4INA . ELLIOTT, CHAIRMAN Z' RUBEN L. CORtEZ, COMMlSSlyiyR ACKNOWLEDGED RECEIPT: DATE: TR-0085 • -- - ---- - ----- - : - -. 'a K •Lflç 0 24 -- - - - 0) I (iD - -J - - F. -- - --- - - - - -- - - I r ko C TC --H- - —S to NJ ' S. o NJ (.0 I o ne uj z i.e r Iclo o in Li] LL il : Ok-.IQ C L -J Z U 1J c NM F- ct NLU Zr4 C N 03 Ui N, H C H 0: :>< z - -o I- C C): 0: ct-CC 4, I 0 LI, C N C (.D (t 0 ru S I 5.. 4J a 02 - C C -OC - C) JI- ør_CU 0)0 nil I nil fli C .1--I N - u,LL. 1- q tO z H 0 n I9EL:A Co U) • •. - 0 U-I e 5921 9EL1 t000 OTSO 200k I- At, NW LU 2 CY > uJ to — -o ao cQ¼ :;z cc5 to LU C NCO Lu Z3"H TR-0086 C Provided) ::ii -E - Postage $ F'- - Certified Fee • - 1. - .-q Return Receipt Fee - . a (Endorsement Required) • • . Restricted Delivery Fee - Required) (Endorsement a TotS Postage&Feee ............. _lU, - - •. Sent To . - Mr. Orlando Ill Street Apt No C orPOBoxNo. 719 S4 San! lrJatzma:f.I.ecrnAyaS I' • Completeitemsl,2,and3.Alsocompiete I C Agent -;. item 4 If Restricted Delivery Is desired. • Rint your name and address on the reverse x WV C Addressee' sothatwecanretumthecaizltoyou. DatsofDelwery • Attachthlscazdtothebackofthemailplece, IL. . oronthefrontifspacepenWts. I I D Is doltveiy address different fran, kern 1? D 'Yes I M-tic4e Addressed to C No if YES enter dellvesy address below. Mr. Orlando Lopez Attorney-at-Law 719 S. Flores Street, Suite 100 San Antonio, TX 78204 3 lib Certified MaJI CExpressMafl Case #10-BCCS-002 Carmella E3 Registwed DReturnRecetptforMsethwidlesj Guerrero vs Bexar County QlnswedMsfl OCOD Information Technology Departrnenl 4 ResttictedDeiiveryll'ExtmFos) Dyes 2 ntsS 700 0510 0001 1736 6272 PS Form 3811 • February 2004 Domestic Return Receipt 102596.024&1540 TR-0087 Bexar County Civil Service Commission Hearing Case #10-BCCS-022 Carmella Guerrero vs Bexar County Information Technology Department Thursday, April 26, 2012 OfficeiDepartment Exhibits Appellant! Exhibit Exhibit Exhibit Grievant Number Admitted Objection e-mail 7/23/10 from Carmefla Guerrero to Tina Singh regarding D-i parking Yes No Letter to Cathy Maras dated October 6,2010 regarding Incident 0-2 on October 4, 2010 from Carmella Guerrero Yes No e-mail 9/1/10 from Carmella Guerrero to Gilbert Sanchez D-3 regarding parking Yes No AppellantiGrievant Exhibits Office! Exhibit Exhibit Exhibit Department Number Admitted Objection Carmella Guerrero's Performance Reviews, Chacter References, Commending Emails, Commendations, Pre-Demotion, Post- A-i Demotion, Promotion, and Resume and Certificates Yes No TR-0088 From: Guerrero, Carmella Sent: Wednesday, September 01, 2010 4:23 PM To: Sanchez, Gilbert Subject: FW: In & Out Parking Do all of these people still qualify? Carmella T. Guerrero Planning & Technical Services Manager Bexar County Information Services (210)335-0225 From: Talamantes, Raul Sent Friday, August 06, 2010 3:43 PM To: Guerrero, Camiella Subject: RE: In & Out Parking Toby Ullevig Monty Breaux Pete Martinez Raul Sanchez Eric Rodriguez Hediin Rico Pat Ayala Carl Buckert Joseph Sound Palmer Walker Dan Gonzalez Jose Fernandez From: Guerrero, Carrnella Sent: Friday, August 06, 2010 3:24 PM To: Talamantes, Raul Subject: In & Out Parking David Mandujano and Joe Yebra are both gone and I do not have a curren parking in the Garage. Can you provide one? Carmella T Guerrero Planning & Technical Services Manager Bexar County Information Services (210)335-0225 7*3 TR-0089 BEXAR COUNTY INFORMATION TECHNOLOGY 203W. Nueva, Suite 200 San Antonio, Texas 78207-4507 (210)335-0200 October 6, 2010 TO: Cathy Maras, CEO SUBJ: Incident on October 4, 2010 I am writing this letter regarding the incident that occurred in your office on Monday, 10/41 10. 1 went .back and forth as to whether putting this in writing was the best way to go, however 1 was concerned that another discussion would result in another altercation. It is important to me that you know my feelings on this matter. Beginning early Monday morning, you inquired about parking at the annex and directed me to do several things including asking Tina Singh to find parking elsewhere and to pay for said parking. I immediately came upstairs to notify Ms. Singh and you were already telling her. Your tone towards me.was rude and accusatory in front of Ms. Singh. Throughout the day while we were working out the issues on BCIT parking, you were abrupt with me and in my opinion accusatory that David and I were utilizing the parking situation to our advantage. One example was the "wink-wink" you gave me in the meeting with 03 1 Lulu and Linda and your reference to the fact that only David and I had these privileges. This is not true. I have been following County policy regarding parking since the policy inception in 1999. After, spending a good majority of my day trying to fulfill your directive to find out who was parking in what spaces, I felt that you were growing angrier and angrier. At the end of the day, I went to provide you a copy of the policy for review and discussion at managers meeting. Again, you raised your voice, slapping the policy in your hand and accusing me of wrong doing and notifying me that you were taking me out of the loop. I turned to leave your office and made this comment: "I was just giving you a copy of the policy, I don't understand why you have been ugly to mell day". You raised your voice at me, jumped out of your chair, got up in my face, pointed your finger six times yelling "sit down", proceeded to the door and slammed it shut You continued to yell at me saying that you are the CO and it was your right to act like this. You yelled several times that I had a bad attitude and inappropriate mannerisms and that you were not going to stand for it. You directed to "fix" it. You also shouted that I was making you look like an "a-hole". The majority of the employees on the 2 Id floor heard this outburst and were very concerned. When I was in your office, I was afraid of you. In thirty years of my professional career, I have never been treated like this. I feel embarrassed and degraded in front of the employees of BCIT. Since this occurred, I have been approached by several staff asking if! was ok. TR-0090 Whether or not employees like me, I feel that they respect me and you have damaged that respect, at least in my eyes. I have worked in BCIT for the passed 12 years and in the County for 18 years and have never been in trouble with any employer for any reason nor have I been treated the way you treated me. I believe that we have to work together and for the most part, I feel we are a good team. You become stressed as do I and you have a different way of handling that than I do. However, mutual respect for each other as human beings is imperative for me to move forward. I want to go on record saying that I will work on my body language, faces, and mannerisms as you have asked me to do. I believe my attitude at work is good and my working relationships with co-workers, business partners and employees have never been challenged to date. I also feel that in order to move forward, you owe me an apology for the yelling and screaming and slamming the door that catsed intimidation, humiliation and embarrassment to me. I am certain that we can move passed this if you agree. I did not want to leave on my vacation until we resolved the matter. I am available until 12:00 noon today if you want to discuss it with me. Cannella Guerrero IT Services Manager TR-0091 I Singh, Tina From: Guerrero, Carrnella Sent: Friday, July 23, 2010 3:23 PM To: Singh, Tina Subject: RE: Parking Follow Up Flag: Follow up Flag Status: CompletS awesome news .... come see me when you have a chance Carmella T. (Juerrero Planning & Technical Services Manager Bexar County Information Services (210)335-0225 From: Singh, Tina Sent: Thursday, July 22, 2010 3:35 PM To: Guerrero, Carmella Subject: RE: Parking Hi Carmelia, Thank you for email, I appreciate your efforts. Note- I received a blank call from you at 2.48, I could hear background sounds only, is it something you need from me. Thanks Tina 'flint Sing!; IkcJnucaL Virc'ctor Fi;;n,zci,zI Syste;;z 1nipk'riw; tatw;t &xar County !;ifon;mtto;; Services 210-335-0243 (0); (210) 382-3349 (Ge!!) From: Guerrero, carniella Sent: Thursday, July 22, 2010 1:08 PM / To: Singh, Tina Subject: RE: Parking How about if I ask if you can park at Heritage in one of their spots? I was not successful getting you parking here as you are not a County employee and the waiting list for County employees is 3 years long. Carmella T. Guerrëro Planning & Technical Services Manager Bexar County Information Services (210)335-0225 1 atCd%4.O £7cKW 1 TR-0092 Singh, Tina From: Singh, Tina Sent: Tuesday, July 27, 2010 1:40 PM To: Sanchez, Gilbert Cc: Guerrero, Carmella Subject: RE: Hi Hi Gilbert, Thanks for the information, Tina Tiia Singh Tcchukal Director Finrqjc'jnl Systeiu Iris plesnesitativil Bc tar Cost n h (sift yl;jjI( son Services 210-335-0243 (0); (210) 382-3349 (cell) From: Sanchez, Gilbert Sent: Tuesday, July 27, 2010 12:59 PM To: Singh, Tina Cc: Guerrero, Carmella Subject: RE: Hi I believe the spot number is 7 From: Singh, Tlna Sent: Tuesday, July 27, 2010 12:37 PM To: Sanchez, Gilbert Cc: Guerrero, Carmella Subject: HI Hi Gilbert, I have been trying to contact you, please send me the number of spot you currently park in. Thanks Tina 1111(1Sing/s 1 ec/usica! 1)/rector Financial Syst':n hsiplenscntation Dex ar County 111JiwinaHosi Services 2 I0-3350243 (0); (210) 382-3349 (Cell) 1 TR-0093 San Miguel, Andrea From: San Miguel, Andrea Sent Monday, April 23, 2012 4:40 PM To: Orlando Lopez Cc: Natalie Bell Subject: Case #10-BCCS-022 Carmella Guerrero vs Information Technology Attachments: loCGuerreroAdmin Leave.022.pdf, lOCGuerreroLetter Regarding Incident.022.pdf; lOCGuérreroResporise.022.pdf; 10CGuerreroAppeal.022.pdf; 10CGuerrero.022.pdf; 10CGuerreroDeptRespForm.022.pdf Importance: High Mr. Lopez, Attached are the documents that were filed in Case #1 O-BCCS-022 Carmella Guerrero vs Information Technology. If you have any questions, you may contact me at (210) 335-2688. Andrea San Mlgu!l Civil Service Director Bexar County Civil Service Commission 211 S. Flores Street San Antonio, TX 78204-1 012 (210) 335-2688 Phone (210) 335-2686 Fax (210) 335-6333 Job Line asanmipuelbexar.org TR-0094 San Miguel, Andrea From: San Miguel, Andrea Sent Friday, April 20, 2012 12:33 PM To: Brown, Clark Cc: Gina M. Elliott; Ruben Cortez; Joe Gimblet; Tanaka, Nelda Subject: Witness List for Case #10-BCCS-022 Carmella Guerrero vs Information Technology Department Attachments: lOCGuerreroWitnessList.022.pdf Importance: High Clark, Attached is the witness list that I received from Orlando Lopez, Ms. Guerrerô's attorney, for Case #10-BCCS-022 Carmella Guerrero vslnformation Technology Department for her hearing on Thursday, April26, 2012 at 9:00 a.m. Andrea San Miguel Civil Service Director Bexar County Civil Service Commission 211 S. Flores Street San Antonio, TX 78204-1012 (210) 335-2688 Phone (210) 335-2686 Fax (210) 335-6333 Job Line asa nm ig ue l bexa r. org TR-0095 To: Andrea San Miguel @210-335-2686 From: Orlando Lopez 139 1/104/19/1210:03310 RECEIVED APR 192012 THE LOPEZ LAW FIRM BEXARCOUP4TY )NA PROFESSIONAL CORPORATION CIVIL SERVICE COMMISSIO Send to: Andrea San Miguel From: Orlando R. Lopez Bexar County Civil Service Commission Carmella Guerrero v. Betar County Office Information Technology Department; location: Before the Benr County Civil Services Commission;_Case No,_10-BCCS-022 Office location: Date: 4.19.12 Fax number: 210.335.2686 Phone number: 210.472.2100 0 URGENT RRPLYASAP PLEASE COMMENT 0 PLEASE REVIEW 0 FOR YOUR INFORMATION 1 TOTAL PAGES, INCLUDING COVER: MESSAGE: Ms. San Miguel I represent Carmefla Guerrero in the referenced matter. I write to request a copy of (1) Ms. Guerrero's complete personnel file with Bexar County, and ( a complete copy of all documents filed in this cause with the Bexar County Civil Service Commission. If you will provide me the cost for the copies, we will have the copy charges paid as soon as possible. If you have any questions, please do not hesitate to contact me. Thanks. The information transmitted with this sheet is private and confidential arid may be protected by various legal privileges. The information transmitted with this sheet is intended solely for the individual or entity designated above. If the recipient of this information is not the intended fePen; or the employee or agent of the intended recipient responsible for delivering it to such person, you are hereby notified that any disdosure, copying, distribution, or the taking of any action in reliance on the contents of the information contained herein is strictly prohibited. The transmission of any information contained herein should in no way be considered to he a waiver of any legal privilege unless expressly stated. If you have received this fax in error, please notify us immediately by telephone and mail the contents to us at our letterhead address above. 719 S. PLORItç Sunit 100' SAN ANToNIO, TEXAS 79204' 210.472.2100 TnLnPrroNri '210.472.2101 TTtLTtCOPIER 4 TR-0096 U: Andrea 5am MIguel 0 210-335-2688 From: Orlando Lopez Pg V 3 04/19/12 4:22 pm RECEIVED APR 192012 BEFORE THE BEXAR COUNTY CIVIL SERVICE COMMISSION BEXAR COUNTY CIVIL SERVICE COMMISSION CARMELLA GU.ERRERO ¼1. ? § § V. § CASE NO. 10-BCcS-022 § BEXAR COUNTY INFORMAIJON § TECHNOLOGY DEPARTMENT § EMPLOYEE'S WITNESS UST TO THE HONORABLE COMMISSION: Employee, Carniella Guerrero, attaches as Exhibit "As a list of the witnesses she may call at the hearing on. her appeni in conmection with the. above styled and xuj.u,bered. cause. Respectfully submitted, Tiit LOPEZ LAW FrnM, P.C. 7195. Notes, SuIte 100 San Antonio, Texas 78204 TeJephone 210.472.2100 Telecopiet 210.472.2101. O14 ,q ORI.ANDOR.I.C) STATE BAR No. 24010196 ATTORNEYS POREMPLOYtE Pane 1012 TR-0097 fl: Andrea San Miguel @ 210-335-2686 From: Orlando Lopez Pg 3/ 3 04/19/12 4:22 pm p I certify that a copy of this document has been forwarded to the following counsel of record via 1acsImie on this 1911 day of April, 2012: Clarksort F. Btciwn Bexar County District Attorney Civil Section 300 Dolorosa, Suite 5059 Sm Antonio, Toxns 78204 oa40 ORLANDO K. LVVEZ 1, Curmelia Cuerrero 4707 Traflwood Egn Antonio, Texas 78228 Raxanne Arellano 807 Antler Post San Antonio, Tens 78245 David Mandujano 86120 Taylor Walk San Antonib, Texas 78023 Jacque Callenan 203 W. Nueva, Suite 300 San Antonio, Texas 78207 Chauncey Spencer 13831 Sienna Court San Antonio, Texas 749 Pup 2 of 2 TR-0098 1W: Rndrea San Miguel @ 210-335-2686 From: Orlando Lopez Pg 1/ 3 04/19/12 4:22 pm RECEIVED APR 192012 THE LOPEZ LAW FIRM BEXAR COUNTY A PROFESSIONAL CoRPoRATION CIVIL SERVICE COMMISSION 4:fl.o-.. a,k_ Send to: Andrea San Miguel . From: Orlando it Lopez Benz County Civil Service Commission Ru: Carmefla Guerrero v. Benz County Office Informadon technology Deparftnent location: Before the Bexar County Civil Services Commission; Case No, 10-BCCS-022 Office locadon: Date: 4.19.12 Fax numbers 210335.2686 Phone number: 210.472.2100 0 URGENT 0 REPLY AMP 0 .E COMIaNt [JPLEASEREVIEW 0 POE YOUR DJPORMAFION TOTAL PAGES, INCLUDING COVE1t MESSAGE: The Information transmitted with this shcetis private and confidential and may he protected by va4ous legal privileges. The information transmitted with this sheet is intended solely for the Individual or entity designated above. If the recipient of this information is not the intended recipient, or the employee or agent of the intended recipient responsible for delivering It to such penon, you are hereby notified that any disclosure, copying, distribution, or the thing of any action in reliance on the contents of the information contained herein Is.stxicdy prohibited. The transnthslon of any infi,rmadon contained herein should in no way he considered to be a waiver of any legal privilege unless expressly stated. If you have received this fax In cnn; please notify us immediately by tqlephone and mall the contents to us at our letterhead address above. 719 S. Ronn; Strrn IOU' SAX ANIONiC, TnXAS 79204' 210.472.2100 ThLTIPJIONE • 210.472.2101 TELItCOPIER' TR-0099 C $tE Ofr BEXAR QOUNTY HUMAN RESOURCES 2115. FLORES STREET SAN ANTONIO, TEXAS 78204-1012 HR MAIN #: (210) 335-2545 - Web Site: www.bexar.org April 12, 2012 Ms. Carmella Guerrero 4707 Traiiwood San Antonio, TX 78228 Dear Ms. Guerrero: RE: Hearing - Case #10-BCCS-022 Carmella Guerrero vs Information Technology Department The appeal in the aforementioned cause has been scheduled for Thursday, April 26,2012, at 9:00 a.m., in the Bexar County Civil Service Commission Conference Room, 211 S. Flores Street, San Antonio, TX 78204. It is requested by the Civil Service Commissioners that you bring any and all witnesses you believe are necessary to the hearing that can substantiate your statements. You are advised that you have the right to have counsel. It is most imperative that you be present at the hearing. If an emergency arises and you are unable to attend, you must submit a written request for postponement to me no later than one week prior to the hearing stating the reasons for the requested postponement. If you do not submit this written request prior to one week, you will have to appear and request the postponement at that time before the Civil Service Commissioners and show just cause for the postponement and the reasons for failing to give notice less than one week prior to the scheduled hearing. The Commission will determine whether the postponement will be granted at that time. Failure to appear at the appointed time will result in outright dismissal of your grievance for failure to prosecute. Sincerely, Andrea San Miguel Civil Service Director ASMInt cc: Bexar County Civil Service Commissioners Ms. Catherine Maras, Chief Information Officer of Bexar County Information Technology Mr. Clark Brown, Assistant Criminal District Attorney, Civil Section Mr. Orlando Lopez, Attorney-at-Law CERTIFIED MAIL TR-0100 d 01 100 or.'l L•) e- a: 0 ! o ,1 Nr ('7 q 0 - • IE IZ I - iii C (I) —: 0 3 a UQO N 0km. a zu -—: t3 Z OHO = Er 0 ) i_ co (N ____ o C II) Dx ("I F- N DDO N az_I F- Id g 0 = .1 , —: oloo tr CD = LI rq LClCW Co 14 (1 U C N g Lili.. :•• 0' Eo co 0 LL 0 C we4 ll'1'uicatI 0 —fl I ESE9 9691, h000 OETE 200L x -' w> I– — . I 0(3 0 LU CN CY -'i: ø:d! EZ z LL2 c 8uwnr zjni o a< H TR-0101 U.S. Postal ServiceTM CERTIFIED MAILM RECEIPT (Domestic Mall Only; No Insurance Coverage ! For delivery informnflnn ujeit ...... PS Førm 3800, June 2002 See Reverse br Instructions SENDEIR: COMPLETE THIS SECTION TR-0102 .j$E 0, BEXAR COUNTY HUMAN RESOURCES 2115. FLORES STREET SAN ANTONIO, TEXAS 78204-1012 HR MAIN #: (210) 335-2545_ Web Site: www.bexar.org April 12, 2012 Ms. Catherine Maras Chief Information Officer Bexar County Information Technology 200 W. Nueva, Suite 200 San Antonio, TX 78207-4507 Dear Ms. Maras: RE: Hearing - Case #1 0-BCCS-022 Carmella Guerrero vs Information Technology Department The appeal in the aforementioned cause has been scheduled forThursday, April 26,2012, at 9:00 a.m., in the Bexar County Civil Service Commission Conference Room, 211 S. Flores Street, San Antonio, TX 78204. It is requested by the Civil Service Commissioners that you bring any and all witnesses you believe are necessary to the hearing that can substantiate your statements. You are advised that you have the right to have counSel. It is most imperative that you be present at the hearing. If an emergency arises and you are unable to attend, you must submit a written request for postponement to me no later than one week prior to the hearing stating the reasons for the requested postponement. If you do not submit this written request prior to one week, you will have to appear and request the postponement at that time before the Civil Service Commissioners and show just cause for the postponement and the reasons for failing to give notice less than one week prior to the scheduled hearing. The Commission will determine whether the postponement will be granted at that time. Failure to appear at the appointed time will result in outright dismissal of your grievance for failure to prosecute. Sincerely, a3j Andrea San Miguel Civil Service Director ASM/nt cc: Bexar County Civil Service Commissioners Ms. Carrnella Guerrero Mr. Clark Brown, Assistant Criminal District Attorney, Civil Section Mr. Orlando Lopez, Attorney-at-Law HAND DELIVERED TR-0103 BEXARCOUNTY CML SERVICE COMMISSION RECEVED DEPARTMENT RESPONSE FORM JAN 4 2011 BEXAR COUNTY BACKGROUND DATA . CIVIL SERVICE COMMISSION CASE NUMBER 10-BCCS-022 Carmella Guerrero vs Information Technoloqy Department APPELLANT: Carmella GüerrerO TITLEIPOSITION: Technology Business Analyst E05_____________________________________ DEPARTMENT: Bexar County information Technology_________________________________ DMSION: . IMMEDIATE SUPERVISOR Sherry Ascolese_____________________________________ DEPARTMENT SUPERVISOR Linda E. Perez____________________________________ DIVISION. SUPERVISOR Catherine. Mans._____________________________________ GRIEVANCE SYSTEM PRÔCEDURES COMPLETED? YES: X NO: GRIEVANCE SYSTEM DECISION: Demotion OFFENSE Ben! COunty Civil Service Rules and Regulations Policy Number 1.6.09 b, a, &j 1. SPECIFIC RULE/POLICY VIOLATED Bexar County Civil Service Commission Rules and Regulations Disciplinary Actions DISCIPUNARY ACTION Demotion FACT SUMMARY (Allegedactionthatcaused theneedfordlsclpline).(Be.spoclflcandlnclude names of persons, witnesses, dates, places, results of any investigations and other relevant Information.) See attached Notice of Proposed Disciplinary Action dated Oct 21, 2010. 4. COMPLAINING WITNESSES (if any) CaFLc fl4ae&> Catherine Mans (USE ATTACHMENT IF NECESSARY) TR-0104 SanMiauel. Andrea From: Perez, Linda Sent: Tuesday, January 04, 2011 7:47 AM To: SanMiguel, Andrea Cc: Maras, Catherine; Perez, Linda Subject: BCCSC Department Response Forms Attachments: Carmella Guerrero Department Response Form (2).pdf; MH Department Response Form.pdf Andrea, Please find attached the Department Response forms due for Carmella Guerrero and Mike Harris. Please let me know if there is anything else due for these cases. What are our next steps? Thanks AndreA. . lep . Linda E. Perez 2splications Development Manager Sear County Information Services Office (210) 335-0213 FAX (310) 335-0299 lperez@bexar.org 1 TR-0105 SanMiauel. Andrea From: SanMiguel, Andrea Sent: Tuesday, December 21, 2010 11:35 PM To: Maras, Catherine Cc: Schweninger, Edward; Cortez, Frances; Tanaka, Nelda Subject: Department Response Form for Case #1 0-BCCS-022 Carmella Guerrero vs Information Technology Department Attachments: 1 OCGuerrero.022.pdf; 1 OCGuerreroAppeal.022.pdf; 1 OcGuerreroResponse.022.pdf; loCGuerreroAdmin Leave.022.pdf; lOCGuerreroLetter Regarding lncident.022.pdf; 7.6.14 Suspension Demotion Termination -- Appeal and Hearing.pdf; BCCSDeptResponseForm.doc lmortance: High Ms. Maras, Attached is a copy of an appeal filed by Carmella Guerrero requesting a hearing before the Bexar County Civil Service Commission for her demotion. A copy was also provided to the Civil Section of the District Attorhey's Office, The Bexar County Civil Service Commission Rules and Regulations, Policy 7.6.14 Suspension, Demotion or Termination - Appeal and Hearing and the Department Response Form are also attached. Please complete the Department Response Form and return it to me within ten (10) business days from the date of receipt. .• After receipt of the Department Response Form, a hearing will be.scheduled. If you have any questions, you may contact me at 335-2688. Andrea San MIguel CMI Service Direótor Boxer County Civil Service Commission Heritage Plaza Building 400 S. Main San Antonio, TX 78204-1114 (210) 335-2688 Phone (210) 335-2686 Fax (210) 335-6333 Job Line pspnmipuel@bexar.org TR-0106 BEXAR COUNTY CIVIL SERVICE bOMMISSION HERITAGE PLAZA BUILDING 400 S. MAIN SAN ANTONIO, TEXAS 78204-1114 Job Line: (210) 3354333 ,Web Site: www.bexar.org TO: Ms. Catherine Maras Chief Information Officer FROM: Andrea San Miguel iJ.o' Civil Service Director DATE: December 21, 2010 SUBJECT: Department Response Form for Case #1 0-BCCS-022 Carmella Guerrero vs Information Technology Department Attached is a copy of an appeal filed by Carmella Guerrero requesting a hearing before the Bexar County Civil Service Commission for her demotion. A copy was also provided to the Civil Section of the District Attorneys Office. The Bexar County Civil Service Commission Rules and RegulationS, Policy 7.6.14 Suspension, Demotion or Termination - Appeal and Hearing and the Department Response Form are also attached. Please complete the Department Response Form and return it to me within ten (10) business days from the date of receipt. After receipt of the Department Response Form, a hearing will be scheduled. If you have any questions, you may contact me at 335-2688. nw; cc: Mr. Ed Schweninger, Civil Section Chief Attachments TR-0107 BEXAR COUNTY CIVIL SERVICE COMI EMPLOYEE'S APPEAL FORM NAME OF EMPLOYEE: Carmella Guerrero JOB TITLE: Technology Business Analyst ADDRESS: 4707 Trailwood. DEPARTMENT: information Technology CITY/STATEIZIP CODE: San Antonio, TX 78228 DIVISION: Planning & Technical Services HOME PHONE:210435-2879 WORK PHONE: 210-335-0229 E-MAIL ADDRESS: carmeIIaguerSrobexar.org CELL PHONE: 210-633-7529 IMMEDIATE SUPERVISOR: Sherry Asèolese PHONE NUMBER: 335-0239 DEPARTMENT SUPERVISOR: CatherineMass PHONE NUMBER: 335-0207 DIVISION SUPERVISOR: LindaPerez _ PHONE NUMBER: 335-0213 GRIEVANCE SYSTEM PROCEDURES COMPLETED? YES: XNO: GRIEVANCE SYSTEM DEC!SION: Demotion fromGradeE-11to GradeE-5 EXPLAIN NATURE OF APPEAL (INCLUDING NAME OF PERSONS(S), DATE(S), PLACE(S) INVOLVED AND LIST WITNESS(ES): ACTION APPEALED: Demotlo DATE OF INCIDENT: October 4._2010 PLACE OF INCIDENT: Office of CatherineMaras.CIO _BCIT INCIDENT (FACTUAL STATEMENT): On Monday October 4, 2010, Catherine Maras, the ChIef Information Officer, questioned me concerning the county's parking policies and privileges and my involvoment on behalf of the department in connectIon with parking. I answered the questions to the best of my knowledge and emailed Ms. Maras additional information regarding parking. At approximately 4:00 P.M., I went to Ms. Mans' office to talk about my email response and provide her with a copy of the Bexar County Parking Policy. Ms. Maras yelIed at me and slammed the door shut. I did not raise my voice during this visit to her office. On October 13,2010, Ms. Mans called me and asked me to report to her office. I reported immediately. Ms. Mans handed me a letter placing me on administrative leave for ten business days. Ms. Mans informed me that an Investigation was pending regarding the October 4, 2010 IncIdent. Ms. Mans demanded that I relinquish my badge, my keys, my cellular phone, and my laptop. On October 27, 2010, Ms. Maras asked me to report to her office. Ms. Mans served me with a proposed demotion to a Technology Business Analyst position at a Grade EMS. I provided my response to her proposed demotion on November 10, 2010. Ms. Maras served me with her decision to demote me to a Technology Business Analyst Grade EMS on November 29, 2010 and directed me to report to work on November 30, 2010 at 9:00 A.M. WITNESSES: Witness names will be provided. SPECIFIC RULE YOU WERE CHARGED WITH VIOLATING; Insubordlnation-7.6.09(b) Dlshonesty 7 7.6.09(c) Failure to perform Job responsibilities-7.6.09(i) TR-0108 REASON YOU ARE APPEALING: I have been a recognized and valued employee of Bexar County since 1993. I have worked my way up the system with a tireless work ethic, loyalty and professionalism. My work record with Bexar County is spotless and I have receIved numerous commendations,, raises, and promotions due to my accomplishments over the last seventeen and a half years. I have established an excellent rapport with my employees, co-workers, supervisors, business partners Including elected officials and department heads. My performance evaluations have been exceptional to date. Until the incident at issue, I have never been admonished or disciplined as a Bexar County employee. I believe there is no basis for the proposed sli-grade demotion and the $21,000 pay cut, because there are no grounds for disciplining me In this matter. While an employee of Bexar County, I have never been accused of insubordInation, dishonesty and/or failure to perform my Job responsibilities. In fact, Ms. Mares just promoted me to an IT Services Manageron Octoberi, 2010. I am appealing the proposed demotion, and am seeking a reinstatement of my former position and back pay. I have attached to this appeal the following: Proposed Demotion Letter Dated October 27, 2010; Employee Response Letter Dated November 10, 2010; Final Demotion Letter Dated November 29, 2010; Employee EvaluatIons; Employee Resume; Employee Character References. SIGNATURE OF EMPLOYEE DATE OF APPEAL RECEIVED BY: TIME: REPRESENTED BY: (Please include name, address, phone number and e-mail address) TR-0109 LRECEVED nEC 10 2010 ;4 e' BEXAR COUNTY CV[L SERVICj C JaMI3;pj 3:Stpfl BEXAR COUNTY INFORMATION TECHNOLOGY 203W. NUEVA, SU!TE 200 SAN ANTONIO, TEXAS 78207-4507 (210) 335-0200 October 27, 2010 Carmella Guerrero Bexar County Information Technology Reference: Notice of Proposed Disciplinary Action Ms. Guerrero: Under the provisions of Bexar County Civil Service Commission Rules and Regulations, Policy Number 7.6.11, DIsciplinary Actions, you are hereby advised that the action proposed is demotion to Technology Business Analyst Grade E-05 at an annual salary of $58,140. A demotion is applicable when the office or department determines that a violation of a rule or policy is serious enough to warrant a demotion without prior use of less severe discipline. The reasons for this proposed action are due to violations of the Bexar County Civil Service Rules and Regulations, as listed in Policy Number 7.6.09, Reasons for Discipline: Insubordination - unwilling to follow orders of a supervIsor or higher level of authorIty; Dishonesty-characterized by lack of trust, honesty or truthfulness; J. Failure to perform Job requirements as directed by manager. The specific reasons for this action: On Monday, October 4, 2010 as I walked back from the Fire Marshal's office after a meeting, I noticed a black Mercedes 300 (Mercedes) automobile parked In a Bexar County Information Technology (BCIT) designated space located in back of our Annex building along with other vehicles. This was the first time that I walked In back of the Annex and discovered the BCIT parking signs; therefore, I was not aware of the seven designated parking spaces in back of the Annex building for BCIT employees. As I approached the entrance of our building, I noticed that you were outside smoking a cigarette so I inquired about the Mercedes and who posted the BCIT parking signs. You stated that Infrastructure Services must have posted the parking signs, and you did not know who owned the Mercedes. I surmised that the owner of the vehicle was Tina Singh (Ms. Slngh), our Lawson Technical Director, who is an outside contractor since you approached me a few months ago about providing her a free parking space. When you asked me about providing a free parking space for Ms. Singh, I replied no. You then retorted that Ms. Slngh wanted to pay for the parking spot, but I informed you If we have available parking we need to provide this convenience to BCIT employees who have scheduled meetings across the county on a daily basis. I further relayed to you that It was not our duty or part of our contract with Ms. Singh to provide her free parking. TR-0110 Since you denied any knowledge about the owner of the Mercedes,! entered the building in order to ask Ms. Singh if she owned the Mercedes. Ms. Singh stated that she was the owner of the vehicle, and that you provided her with the authorization to park in the BCIT designated spot In back of our building. In addition, you approached Gilbert Sanchez, the interim Technical Support Manager, (Mr. Sanchez) about a week after David Mandujano resigned in early August, and requested that he park In the County garage, because you wanted Ms. Singh to park in his old spot in back of our building. You then provided him with a parking garage card key in order to park In the County garage the next day. Mr. Sanchez told me that he obeyed your directive, because he stated that you have been handling employee parking for many years and the practice has been to coordinate all parking issues with you. Moreover, you designed a placard for BCIT vendors to use at County facilities. The placard reads: If you have any questions, please call Carmella Guerrero at 335-0225. Therefore, the practice within BCIT was to follow your orders, even though you informed memany times on October 4, 2010 that infrastructure Services handles parking and you told me about Administrative PolIcy 4.6. and that you were never in charge of employee parking. Accordingly, on October 4, 2010, you stated multiple times throughout the day that you were working with Infrastructure Services to determine the names of the BçIT employees parking either behind the Annex building or in the County garage. You told me that you were not in charge of parking and at about 4pm you came unannounced to my office and provided me with the Administrative Policy No. 4.6 document. I again asked you the same question: how many designated parking spots does BCIT have in addition to the in and out ones? At that time, you became very frustrated, and you began to raise your voice to me about why do I keep asking me about parking. I am not in charge of parking-Infrastructure Services handles it, and you stated that you did reach out to Infrastructure Services on Monday, October 4, 2010 on my behalf trying to fulfill my directive. However, you sent an e-mail to Infrastructure Services on Friday, AuEust 6, 2010 requestIng a current list of employees using the in and out parking privileges in the County garage after both David Mandujano and Joe Yebra resigned. You reached out to Infrastructure Services over two months ago to validate the list of employees who possess parking privileges. Later in the day, you also stated that I provided authorization for Ms. Singh to park in a spot behind our building until you could work out providing Ms. Singh free parking with Susan Yeatts, the County Auditor located at Heritage Plaza. I never provided you with the authorization. I Informed you that Ms. Singh should pay for parking at Heritage Plaza, but you countered that parking is free, because the County receives five parking spaces as part of the rental agreement. I stated that the County is indirectly paying for those parking spaces through the rental agreement, and, thus, the parking spaces are not free. It Is incumbent upon you to provide me with truthful and concise answers to questions that I ask you, even when you do not agree with my approach. It is important that you understand that this is a proposed action and'that you have a right to reply, either orally or In writing, and to submit any evidence which supports your position. Any such oral or written statements will be duly considered before a final decision is reached. Any reply you wish to make will be addressed to: Catherine Maras, Chief Information Officer, Bexar County Information Services Department, 203 W. Nueva, Suite 200, San Antonio,Texas 78207-4507. You must reply to this letter within ten (10) business days from the date of receipt, and you will remain on Administrative Leave until a final decision is made. The day of receipt of the Notice of Proposed Disciplinary Action does not count against the ten (10) business day deadline. TR-0111 You are ftirther advised that a final decision will be made regarding this proposed action within ten (10) business days from receipt of your response, unless the parties agree to extend the ten (10) business day deadline. You will be notified promptly of this decision no later than the time the action will be made effective. 4a /a Catherine Maras Chief information Officer I acknowledge receipt of this document: Carmeila Guerrero Date Cc: BCIT Personnel File V Clark Brown, District Attorney's Office Andrea San Miguel, Civil Service Office TR-0112 RECEVED THE LOPEZ LAW FIRM DEC 102010 A PROFESSIONAL CORPORATION BEXAR COUNTY CIVIL SEF(VIC.E C DM7ISS!uN a:58r_ November 10, 2010 VIA HAND DEL WERY Catherine Maras Chief Information Officer Bexar County Information Technology 203 W. Nueva, Suite 200 San Antonio, Texas 78207-4507 RE: Employee Policy No. 7.6.11 Response Dear Ms. Ma±as: This law firm represents Carmella Guerrero. On or about October 27, 2010, you provided Ms. Guerrero a Notice of Proposed Disciplinary Action purporting to demote Ms. Guerrero to a Technology Business Analyst Grade E-05. In accordance with Policy No. 7.6.11, Ms. Guerrero provides this response to your proposed disciplinary action. Record of Achievement Ms. Guerrero has been a valued employee with Bexar County since 1993. Ms. Guerrero began her career with Bexar County as an administrator in the Bexar County Sheriff's Department. Ms. Guerrero held several positions with the sheriff's department and was ceremoniously promoted in the department until she became the Jail Support Services Manager in 1997. In 1998, Ms. Guerrero transferred to the Bexar County Information Services Department, and served as a contract coordinator. While an employee of the information services department, Ms. Guerrero was promoted three times until she finally was promoted to second in cothmand of the information services department where she served as the department's IT Services Department Manager. Ms. Guerrero has had a distinguished career with Bexar County, and has worked her way up the system with her tireless work ethic, loyalty, and professionalism. Ms. Guerrero's work record with Bexar County is spotless, and she has received numerous raises and promotions due to her accomplishments. Ms. Guerrero has been a proven leader, an ideal employee, and exceptional colleague to her many coworkers within Bexar County for almost two decades. Until your recent proposed disciplinary action, Ms. Guerrero has never been admonished or disciplined as a Bexar County employee. • PIRSTNATIONAL BANK TOWER • 6243 J. H. lOWEST, SUITE 205 • SAN ANTONIO, TEXAS 78201• 210.472.2100TiEPuoNE• 210.472.2101 TEI.ECOPIER• TR-0113 In fad, you promoted Ms. Guerrero to her current pàsition after you took over the department in 2009. Specific Reply to Grounds for Demotion It is apparent from the record that your decision to demote Ms. Guerrero is based on simple miscommunication and personality differences. There is no evidence, however, that Ms. Guerrero was insubordinate, was dishonest, or failed in carrying out the requirements of her job. Your reasons for Ms. Guerrero's proposed demotion seem to be that (1) Ms. Guerrero misled you about her authority to direct parking for the department, and (2) Ms. Guerrero disregarded your directive that Tina Singh pay for parking. We do not believe the facts support these reasons for the proposed demotion. 1. Ms. Cuerrero did not mislead you about her authority to assian parking. Bexar County Administrative Policy No. 4.6, the relevant parking policy for the county, is clear that the Parking Garage Division of Infrastructure Services Department is responsible for administering the county's parking faci1ities. Additionally, the Infrastructure Services Department ("ISD") is responsible for the assignment of parking privileges within the county's parking facilities. The plain language of the policy is clear that ISD is responsible for the assignment of parking privileges; and, not Ms. Guerrero. Of course, over time, Ms. Guerrero has assisted your department in coordinating with ISD to determine which employees qualified for certain parking privileges, and even corresponded with ISD to track certain parking assignments. Ms. Guerrero's work in this regard, however, did not rise to the level of making Ms. Guerrero ultimately responsible for overseeing all of the parking in your department. As you know, Ms. Guerrero has many more pressing and important responsibilities in connection with the county's IT department. Instead, the person r?sponsible for assigning parking spaces for ISD was David Mandujuano, whom Ms. Guerrero communicated with after you instructed Ms. Guerrero to obtain a list of who had privileges to park in the designated spaces at issue. In fact, Ms. GuerrerO had to email ISD to determine the hierarchy for the parking spaces at issue because Ms. Guerrero was not responsible for making those assignments. Simply put, it seems that you intend to demote Ms. Guerrero because she told you that she was not in charge of parking when you believe the practice is the department was for Ms. Guerrero to assist in some ,of those tasks. Ms. Guerrero by virtue of her position within your department does not have any authority to assign parking. Ms. Guerrero was clear with you that she did not have the authority you claim she did have. To the extent that either you or persons within your department believed that Ms. Guerrero was responsible for making parking assignments, such belief is misplaced and most likely a result of miscommunication. Ms. Guerrero has always been honest with you about her job and her job responsibilities, and she would have no reason to mislead you about what she can and canrot do in regards to parking. Moreover Administrative Policy No. 4.6 is clear as to who is responsible for assigning parking spaces—ISD. Ms. Guerrero was equally dear with you that it was ISD that assigned parking and not her. • FIRST NATIoNAl. BANK TOWER • 62431. H. 10 WEsT, Suim 205 • SAN ANTONIO, TEXAS 78201• 210.472.2I00TEI.EPH0NE • 210.472.2101 TEIk:COl'IER' TR-0114 2. Ms. Guerrero followed your directive regarding Ms. Singh's parking. Ms. Singh is a contract vendor for the county, and sometimes must attend early morning meetings at Heritage Plaza. Ms. Guerrero was under the belief that you authorized Ms. Singh to utilize the designated space at issue on mornings that Ms. Singh had early meetings; otherwise, you instructed Ms. Singh that she would make arrangements to pay for her parking. To that end, Ms. Guerrero informed Ms. Singh by email that she could only park in the designated space for the early morning meetings, and that Ms. Singh would need to coordinate with ISD for a permanent parking space and that she would be required to pay for the parking. Ms. Singh confirmed the parking instructions with Ms. Guerrero and Ms. Singh was referred to ISD. Since October 4, 2010, Ms. Singh has related to Ms. Guerrero that she should not have been parking in the space at issue. We believe the record is dear that Ms. Guerrero followed the instructions you gave her regarding Ms. Singh's parking. We believe it was Ms. Singh's responsibility to cooiclinate with ISD and! or the auditor's office and make arrangements to pay for her parking privileges. Ms. Guerrero did what was asked of her in this regard, and to the extent Ms. Singh was parking in the space at issue, it was an oversight on Ms. Singh's part because Ms. Guerrero was clear with Ms. Singh about the requirement that Ms. Singh coordinate and pay for her own parking with ISD. Miscommunication may have played a role in this situation as well. Conclusion Ms. Maras, Ms. Guerrero has been a valued employee for Bexar County for almost two decades. Her dedication to the county, her job, and to your department is unquestioned. You have worked with Ms. Guerrero for over twelve months, and you should know that Ms. Guerrero is not the type of person that will skirt her responsibilities; and certainly, you should know that Ms. Guerrero would not he to you or be dishonest, as you have suggested. Ms. Guerrero is not responsible for the parking assignments as she attempted to inform you. She was not trying to mislead you or hide from any of her responsibilities. Additionally, Ms. Guerrero did her part to inform Ms. Singh that Ms. Singh had only limited parking privileges at the designated parking space and that she would need to make arrangements to pay for her parking as you instructed Ms. Guerrero. It does not seem fair to punish Ms. Guerrero if Ms. Singh did not follow those instructions. Finally, Ms. Guerrero is an important part of our team and Bexar County, and she very much wishes to continue in her current position. If there was an exchange for words that caused this matter to escalate unnecessarily, we are certain measures can be taken, such as counseling, to avoid such exchanges in the future. Under Administrative Policy No. 7.6.11, we also do not believe Ms. Guerrero's alleged conduct was serious enough to warrant your proposed demotion without prior use of less severe discipline. We understand that did you did not even attempt to impose any type of less severe discipline. • FIRST NATIONAl. BANK TOWER • 62431. H. 10 WEST, SuITE 205 • SAN ANTONIO, TIxAS 78201• 210.472.2100Tm.EpI•I0NE • 210.472.2101 TELECOPIER• TR-0115 Accordingly, we believe your proposed demotion is unreasonable under these circumstances, and respectfully request that you not proceed with the proposed demotion. Thank you for your time and attention. Very truly yours, /C Orlando R. Lopez cc: Carmella Cuerrero FIRST NATIONAl. BANK TOWER • 62431. H. 10 WEST, Sum 205 • SAN ANTONIO, TExAS 78201 210.472.210orELEPHONE • 210.4722101 TEm.Ec0PIER• TR-0116 RECEIVED nrc 102010 I3EXAR COUNTY I:..Lç4Sfl t:i C[V!L SERVICE CTh2MIssk)N BEXAR COUNTY INFORMATION TEOINOLOGY 203W. NUEVA, SUITE 200 SAN ANTON IO,TEX.AS 782074507 (210) 335-0200 November 29, 2010 Carmella Guerrero Bexar County Information Technology Reference: Notice of Disciplinary Action Decision Ms. Guerrero: Reference is made to the letter of October 27, 2010 to you concerning the proposed disciplinary action and your response received November 10, 2010. Under the provisions of Bexar County Civil Service Commission Rules and Regulations, Policy Number 7.6.11, DIsciplinary Actions, you are hereby advised of your demotion to Technology Business Analyst Grade E-05 at an annual salary of $58,140, effective November 30, 2010. You are to report to work on November 30, 2010 at 9am. Attached is a copy of the job description for this position. The reasons for this action are due to violations of the Bexar County Civil Service Rules and Regulations, as listed in Policy Number 7.6.09, Reasons for Discipline: Insubordination - unwilling to follow orders of a supervisor or higher level of authoritç Dishonesty-characterized by lack of tmst, honesty ortruthfulness; J. Failure to perform job requirements as directed by manager. The specific reasons for this action: On Monday, October 4, 2010 as 1 walked back from the Fire Marshal's office after a meeting, I noticed a black Mercedes 300 (Mercedes) automobile parked in a Bexar County Information Technology (BUt) designated space located In back of our Annex building along with other vehicles. Thiswas the first time that I walked in back of the Annex and discovered the BCIT parking signs; therefore, I was not aware of the seven designated parking spaces in back of the Annex building for BCIT employees. As I approached the entrance of our building, I noticed that you were outside smoking a cigarette so I inquired about the Mercedes and who posted the BCIT parking signs. You stated that Infrastructure Services must have posted the parking signs, and you did not know who owned the Mercedes. I surmised that the owner of the vehicle was Tina Singh (Ms. Singh), our Lawson Technical Director, who is an outside contractor since you approached me a few months ago about providing her a free parking space. When you asked me about providing a free parking space for Ms. Singh, I replied no. You then retorted that Ms. Singh wanted to pay for the parking spot, but I informed you if we have available parking we need to provide this convenience to BCIT employees who have scheduled meetings aaoss the county on a daily basis. I further relayed to you that it was not our duty or part of our contract with Ms. Singh to provide her free parking. 1 TR-0117 Since you denied any knowledge about the owner of the Mercedes, I entered the building in order to ask Ms. Singh if she owned the Mercedes. Ms. Singh stated that she was the owner of the vehicle, and that you provided her with the authorization to park in the SCIT designated spot in back of our building. In addition, you approached Gilbert Sanchez, the interim Technical Support Manager, and (Mr. Sanchez) about a week after David Mandujano resigned in early August, and requested that he park in the County garage, because you wanted Ms. Singh to park • in his old spot in back of our building. You then provided him with a parking garage card key in order to park in the County garage the next day. Mr. Sanchez told me that he obeyed your directive, because he stated that you have been handling employee parking for many years and the practice has been to coordinate all parking issues with you. Moreover, you designed a placard for BCIT vendors to use at County facilities. The placard reads: If you have any questions, please call Carme!la Guerrero at 335-0225. Therefore, the practice within BCIT was to follow your orders, even though you informed me many times on October 4, 2010 that Infrastructure Services handles parking and you told me about Administrative Policy 4.6. and that you were never in charge of employee parking. Accordingly, on October 4, 2010, you stated multiple times throughout the day that you were working with Infrastructure Services to determine the names of the BCIT employees parking either behind the Annex building or in the County garage. You told me that you were not in charge of parking and at about 4pm you came unannounced to my office and provided me with the Administrative Polièy No. 4.6 document I again asked you the same question; how many designated parking spots does BCIT have in addition to the in and out ones? At that time, you became very frustrated, and you began to raise your voice to me about why do I keep asking me about parking. I am not in charge of parking-Infrastructure Services handles it, and you stated that you did reach out to Infrastructure Services onMonday, October 4, 2010 on my behalf trying to fulfill my directive. However, you sent an e-mail to Infrastructure Services on Friday, August 6, 2010 requesting a current list of employees using the in and out parking privileges in the County garage after both David Mandujano and Joe Yebra resigned. You reached out to Infrastructure Services over two months ago to validate the list of çrnployees who possess parking privileges. Later in the day, you also stated that I provided authorization for Ms. Singh to park in a spot behind our building until you could work out providing Ms. Singh free parking with Susan Yeatts, the County Auditor located at Heritage Plaza. I never provided you with the authorization. I informed you that Ms. Singh should pay for parking at Heritage Plaza, but you countered that parkIng is free, because the County receives five parking spaces as part of the rental agreement I stated that the County is indirectly paying for those parking spaces through the rental agreement, and, thus, the parking spaces are not free. It is incumbent upon you to provide me with truthful and concise answers to questions that I ask you, even when you do not agree with my approach. You have the right to appeal this disciplinary action. Any appeal by you must be made directly with Andrea San Miguel, Civil Service Director, Bexar County Civil Service Commission Office, Heritage Plaza Building, 400 S. Main, San Antonio, Texas, 78204, within ten (10) business days from the date of this letter. The day of receipt of the Notice of Disciplinary Action does not count against the ten (10) business day deadline. You may obtain additional information concerning your appeal rights from the Civil Service Commission Office if you so desire. OL : tJ Catherine Maras Chief Information Officer 2 TR-0118 I acknowledge receipt of this document: /1- zQ-/o Carnnella Guerrero. Date Cc: BCIT Personnel File Clark Brown, District Attorney's Office Andrea San Mjguel, Civil Service Office TR-0119 RECEVED. PFfl 102010 CONFIDENTIAL BEXAR COUNTY COUNTY OF BEXAR CIVIL SERVICEDMMl5SIoN EMPLOYEE PERFORMANCE APPRAISAL 3;ç3pn.. ?4 NAME: Carmella Guerrero JOB TITLEPlanning & Technical Services Manager DEPARTMENT Information Services APPRAISAL DATE: November21, 2007 DIVISION: Planning&TechnicalServices LAST APPRAISAL DATE: .December8,2006 EMPLOYMENT/ PROMOTION DAT] October. 2005 APPRAISAL PERIOD FROM:Oct-06. TO: Oct-07 REASON FOR APPRAISAL: tZkNNUAL o END OF PROBATION 06 MONTH Dolt EMPLOYEE'S OVERALL RATING: 2] Distinguished 4.51-5.00 0 Needs Improvement . 1.51 -2.59 0 Commendable 3.51 -4.50 0 Unacceptable 1.50 or below - -. 0 Meets Expectations 2.60-3.50 o This emj,loyee hal been involved in a disciplinary action during this evaluation period, the significance of which is not evident in the appraisal dimensions (disciplinary action documentation is available in the employee's personnel file. DOther . WEIGET SCORE RATING APPLICATION OF JOB KNOWLEDGE 0.20 X 4.75 0.95 PUBLIC CONTACT 0.10 X 4.75 0.48 EMPLOYEE RELATIONS 0.05 X 4.75 0.24 INTflATIYE 0.15 X 4.75 0.71 QUALITY OF WORK 0.10 X 4.75 0.48 QUANTITY OF WORK 0.05 X 4.75 0.24 COMMUNICATION SKILLS 0.05 X 4.75 0.24 AITENDANCE & PUNCTUALITY 0.00 X 0.00 0.00 -, OPERATION & CARE OF EQUIPMENT 0.00 X . 0.00 0.00 CONCERN FOR SAFETY 0.00 X 0.00 0.00 BUDGETING 0.00 0.00 0.00 SUPERVISORY DIMENSIONS: I.EADERSHIP SKILLS 0.10 X 4.75 0.48 HUMAN RESOURCE MANAGEMENT . 0.10 X 5.00 0.50 FISCALMANAGEMENT 0.10 X 5.00 0.50 1.00 OVEMLL PERFORMANCE RATING TOTAL: 4.80 Whenever a score in the range a of 5, 2 or 1 is given, supporting details must be provided. Attach additional paper if needed. DIMENSION COJ.flsIENTS Please see the attached Performance Plan TR-0120 GOAL EVALUATION AND GOAL SETTING: Progress achieved in attaining goals set in previous appraisal period: 1.) Please see the attached Performance Plan for Accomplishments Goals and Objectives for next appraisal period: (Developed jointly by the Evaluator and Employee) the attached Perforniane Plan for Goals Evaluator Comments; V c- 4S ner ot £r4eL-' 4ii'1ad Evahiatofs Signature: Date: am excited about the opportunities this past rating period to get involved in Communications/telephony, CMAG coordination and :ity/County Radio project I have learned a tremendous amount of information and have been able to utilize this information to assist ounty users. I take my responsibilities seriously and continually look for opportunities of improvement. I appreciate the support I get from 'r. Morgan and the other managers. However, I give most of the credit to my sixteen emplolyees, who sfrive every day to to make the Lannini & Technical Services Division excel. certify that this performance appraisal has been discussed with me. agree [7J I disagree 0 with the scores on this evaluation. wish I do not wish to appeal this appraisal rating and will submit my written appeal in ,accordance with the office or department guidelines. Date: Administrative Review. Date: TR-0121 RECEVED EC 10 2010 CONFiDENTIAL BEXAR COUNTY COUNTY OFBEXAR CML SERVICE C31M!SSIOfl EMPLOYEE PERFORMANCE APPRAISAL flQ f4- NAME: Canndlla Guerrero JOB TiTLE Planning & Technical Services Manager DEPARTMENT:Bexar County Information Services APPRAISAL DATE: December 8, 2006 DIVISION: Fiscal & Administrative Services LAST APPRAISAL DATE: October 23, 2003 EMPLOYMENT DATE; November 23, 1998 APPRAISAL PERIOD FROM:Oct-03 TO: Oct-06 REASON FOR APPRAISAL: 2] ANNUAL 0 END OF PROBATION 06 MONTH 2] OTHER Skipped a year due to new responsibilities EMPLOYEE'S OVERALL RATING: 2] Distinguished 4.51 -5.00 0 Needs Improvement 1.51 -2.59 o Commendable 3.51 -4.50 0 Unacceptable 1.50 or below o Competent 2.60-3.50 Q This employee has been involved in a disciplinary action during this evaluation period, the significance of which is not evident in the appraisal dimensions (disciplinary action documentation is available in the employee's personnel file. DOther WEIGHT SCORE RATING APPLICATION OF JOB KNOWLEDGE 0.20 X 4.75 0.95 PUBLIC CONTACT 0.10 X 4.75 0.48 EMPLOYEE RELATIONS 0.05 X 4.75 0.24 INITIATIVE 0.15 X 4.99 0.75 QUALITY OF WORK 0.10 X 4.75 0.48 QUANTITY OF WORK 0.05 X 4.75 0.24 COMMUNICATION SKILLS 0.05 X 4.50 0.23 ATTENDANCE & PUNCTUALITY 0.00 X 0.00 0.00 OPERATION & CARE OF EQUIPMENT 0.00 X 0.00 0.00 CONCERN FOR SAFETY 0.00 X 0.00 0.00 BUDGETING - 0.00 0.00 0.00 SUPERVISORY DIMENSIONS: LEADERSHIP SKILLS 0.10 X 4.75 0.48 HUMAN RESOURCE MANAGEMENT 0.10 X 4.75 0.48 FISCAL MANAGEMENT 0.10 X 4.99 0.50 1.00 OVERALL PERFORMANCE RATING TOTAL: 4.80 Whenever a score of 5, 2 or 1 Is given, supporting details must be provided. Attach additional paper If needed. DIMENSION- COMMENTS #4 Please see attached Performance Plan #14 Please see attached Performance Plan TR-0122 COMMENTS: Over the last two years! have had the opportunity to gain additional responsibilities and have been challenged to expand my knowledge in the technical field. I have Rained the responsibility of county-wide communications, city-count radio project issues and technical training. COMMENTS: Evaluator's Signature: Date: it/L2/2004 Department Authority or Designee's Signature: Date: employee is appealing certifr that this performance appraisal has been discussed with me and I agree 0 disagree o with the scores. wish to appeal this appraisal and I will submit a written request for appropriate action. Signature: Date: kxar County Civil Service Rules Temporary Chapter )C, Personal Grievances. For Employees Covered Under Bent County Civil Service Rules) have been provided a copy of the rules (Employee's initials) acknowledge the employee will pursue the appropriate appeal process. Signature: Date: GOAL EVALUATION AND GOAL SEflING: Progress achieved in attaining goals set in previous appraisal period: Please see attached Performance flan and StrateRic Plan Worksheet Goals and Objectives for next appraisal peiioth (Developed jointly by the Evaluator and Employee) Plese see attached Performance Plan and Strategic Plan Worksheet TR-0123 RECEVED DEC 102010 CONFIDENTIAL BEXAR COUNTY COUNTY OFBEXAR CiVIL SERVICE COISSIQN 5 g' jj- EMPLOYEE PERFORMANCE APPRAISAL NAME: Carmella Guerrero JOB TITLEFiscal and Administrative Services Manager DEPARTMENT: Bear County Information Services APPRAISAL DATE: October 23,2003 DIVISION: Fiscal & Administrative Services LAST APPRAISAL DATE: October 30, 2002 EMPLOYMENT DATE: November 23,1998 APPRAISAL PERIOD FROM: Oct-02 TO: Oct-03 REASON FOR APPRAISAL: EANNUAL o END OF PROBATION D 6 MONTH Q OTHER EMPLOYEE'S OVERALL RATING: Distinguished 4.51-5.00 Q Needs Improvement 1.51 -2.59 o Commendable 3.51 -4.50 o Unacceptable 1.50 orbelow o Competent 2.60-3.50. o This employee has been involved in a disciplinary action during this evaluation period, the significance of which is not evident in the appraisal dimensions (disciplinary action documentation is available in the employee's personnel file. 0 Other WEIGHT SCORE RATING APPLICATION OF JOB KNOWLEDGE 0.20 X 4.75 0.95 PUBLIC CONTACT 0.10 X 4.75 0.48 EMPLOYEE RELATIONS 0.05 X 4.75 0.24 INITIATIVE 0.15 X 5.00 0.75 QUALITY OF WORK 0.10 X 4.75 0.48 QUANTITY OF WORK 0.05 X 4.50 0.23 COMMUNICATION SKILLS 0.05 X 4.50 0.23 ATTENDANCE & PUNCTUALITY 0.00 X 0.00 0.00 OPERATION & CARE OF EQUIPMENT 000 X 0.00 0.00 CONCERN FOR SAFETY 0.00 X 0.00 0.00 BUDGETING 0.00 0.00 0.00 SUPERVISORY DIMENSIONS: LEADERSHIP SKILLS 0.10 X 4.75 0.48 HUMAN RESOURCE MANAGEMENT 0.10 X 5.00 0.50 FISCALMANAGEMENT 0.10 X 4.75 0.48 1.00 OVERALL PERFORMANCE RATING TOTAL: 4.79 Whenever a score of 5, 2 or 1 is given, supporting details must be provided. Attach additional paper if needed. DIMENSION COMMENTS #4 Please see attached Performance Plan #11 Please see attached Performance Plan #13 Please see attached Perthnnance Plan TR-0124 COMMENTS: This fiscal year has been challenging in all aspects. I believe the creation of the Chief Operating Officer was a very positive move for BCIS. In addition, we were successful at cutting posed budget by the required 5% and reorganizing management I believe that I was instrumental in the sucess of the latter tvy6 chan es 1within ECIS and will continue to strive towards future improvements within the Employee's Signature: Date: COMMENTS: L Evaluator's Signature: Date: Department Authority or Designee's Signature: Date:(/ W4 if employee Is appealing this certify that this performance appraisal has been discussed with me and I agree Q disagree o with the scores. wish to appeal this appraisal and I will submit a written request for appropriate action. Signature: Date: lexar County Civil Service Rules, Temporary Chapterx, Personal Grievances. For Employees Covered Under Bexar County Civil Service Rules) have been provided a copy of the rules (Employee's initials) acknowledge the employee will pursue the appropriate appeal process. Signature: Date: GOAL EVALUATION AND GOAL SEllING: Progress achieved in attaining goals set in previous appraisal period: Please see attached Performance Plan and Strategic Plan Worksheet Goals and Objectives for next appraisal period: (Developed jointly by the Evaluator and Employee) Pleae set attached Perthnnance Plan and Strategic Plan Worksheet TR-0125 RECEVED Ad1- 0 2010 nc" CONFIDENTIAL COUNTY OF BEXAR BEXAR COUNTY EMPLOYEE PERFORMANCE APPRAISAL CJLERVI2? CDMYUSSION NAME JOB TITLE Fiscal & Administrative Services Manaaer DEPARTMENT Information Services APPRAISAL DATE 10/30/02 DIVISION Fiscal & Administrative Services DMsion LAST APPRAISAL DATE 7/19/01 EMPLOYMENT DATE 11/23/98 APPRAISAL PERIOD FROM 7/01 TO 7102 REASON FOR APPRAISAL: [X] Annual End of Probation f)6 Month I lOther EMPLOYEE'S OVERALL RATING: IX] Distinguished 4.51 -5.00 3 Needs Improvement .. 1.51 -2.59 [3 Commendable 3.51 -4.50 [1 Unacceptable 1.50 or below Competent 2.60 -3.50 3 This employee has been involved In a disciplinary action during this evaluation period, the significance of which is not evident in the appraisal dimensions (disciplinanj action documentation is available In the employee's personnel file). [3 Other. WEIGHT SCORE RATING APPLICATION OF JOB KNOWLEDGE .20 x 4.50 .90 PUBLIC CONtACT .10 x 4.75 .48 EMPLOYEE RELATIONS ;05 X 4.50 .23 INItIATIVE . .15 x 4.90 .74 QUALITY OF WORK .10 x 4.75 .48 QUANTITY OF WORK' . .05 x 4.90 .25 COMMUNICATION SKILLS .05 x 4.50 .23 ATTENDANCE & PUNCTUALITY NA x NA N/A OPERATION & CARE OF EQUIPMENT NA x NA NA CONCERN FOR SAFETY NA x NA NA BUDGETING NA x NA NA SUPERVISORY DIMENSIONS: LEADERSHIP SKILLS .10 x 4.75 .46 HUMAN RESOURCE MANAGEMENT .10 x 4.50 .45 FISCAL MANAGEMENT .10 x 4.75 .48 1.00 OVERALL PERFORMANCE RATING TOTAL 472 Whenever a score of 5, 2 or I Is given, supporting details must provIded. Attach additIonal paper If needed. DIMENSION COMMENTS A FIscal & AdmInistrative Services Performance Plan inclusIve of achievements for this rating period as well as goals for the next rating period is attached as part of this evaluation. TR-0126 Comments: Employee's Signature: Date: Comments: Evaluator's Signature: Date: 11/1,16 Comments: Department Authority or Designee's Signature: Date: /1/i/o 2- APPEAL SECTION (used only If employee Is appealing this performance appraIsal) I certify that this performance appraisal has been discussed with me and I agree _____ disagree with the scores. I wish to appeal this appraisal and I will submit a written requestfor appropriate action. Employee's Signature: Date: Bexar County Civil Service Rules, Temporary Chapter X, Personal Grievances. (For Employees Covered Under Bexar County Clvii Service Rules.) I have been provided a copy of the rules (Employee's initials) I acknowledge the employee will pursue the appropriate appeal process. Evaluators Signature: Date: GOAL EVALUATION AND GOAL SETTING: (if additional space is needed, please use separate sheet) Pro9ress achieved in attaining goals set in previous appraisal period: Goals and Objectives for next appraisal period: (Developed jointly by the Evaluator and Employee) TR-0127 RECEVED nEC 102010 CONFIDENTIAL - COUNTY OF BEXAR BEXPLR COUNTY EMPLOYEE PERFORMANCE APPRAISAL C[VQ S flRVICE C3Mt'ilSSl3J NAMECarmella Guerrero JOB TITLE Business Services Manager DEPARTMENT Information Services APPRAISAL DATE 7/19/01 DIVISION Business Services Division LAST APPRAISAL DATE 02128/01 EMPLOYMENT DATE_ ,j,5J23/98 APPRAISAL PERIOD FROM2/00 TO 7/01 REASON FOR APPRAISAL: X] Annual [J End of Probation )6Month ( Other EMPLOYEE'S OVERALL RATING: EX] Distinguihed 4.51 -5.00 ) Needs Improvement 1.51 -2.59 [1 Commendable 3.51 -4.50 1] Unacceptable 1.50 or below []Competent 2.60 -3.50 This employS has been Involved in a disciplinary action during this evaluation period, the significance of which is not evident in the appraisal dimensions (disciplinary action documentation Is available In the employee's personnel file). () Other WEIGHT SCORE RATING APPLICATION OF JOB KNOWLEDGE .20 x 4.50 .90 PUBLIC CONTACT .10 x 4.50 .45 EMPLOYEE RELATIONS .05 x 4.50 .23 INITIATIVE .15 x 4.90 .74 QUALITY OF WORK .10 x 4.75 .48 QUANTITY OF WORK .05 x 4.90 .25 COMMUNICATION SKILLS .05 x 4.50 .23 ATTENDANCE & PUNCTUALITY NA x NA N/A OPERATIONS CAR.E OF EQUIPMENT NA x NA NA CONCERN FOR SAFETY NA x NA NA BUDGETING NA x NA NA SUPERVISORY DIMENSIONS: LEADERSHIP SKILLS .10 x 4.75 .48 HUMAN RESOURCE MANAGEMENT .10 x 4.50 .45 FISCAL MANAGEMENT .10 x 4.50 .45 1.00, OVERALL PERFORMANCE RATING TOTAL 4.66 Whenever a score of 5, 2 or I is given, supporting details must provided. Attach additional paper If needed. DIMENSION COMMENTS A Business Services Performance Plan inclusive of achievements for this rating period as well as goals for the next rating period is attached as part of this evaluation. TR-0128 Comments: Comments: Evaluator's Signature: Date: 7-z4-2-00I Department Authority or Designee's Signature: Date: APPEAL SECTION (used only If employee Is appealing this performance appraisal) I certify that this performance appraisal has been discussed with me and I agree disagree with the scores. I wish to appeal this appraisal and I will submit a written request for appropriate action. Employee's Signature: Date: Bexar County Civil Service Rules, Temporary Chapter X, Personal Grievances. (For Employees Covered Under Bexar County Civil ServIce Rules,) I have been provided a copy of the rules (Employee's initials) I acknowledge the employee will pursue the appropriate appeal process. Evaluators Signature: Date: GOAL EVALUATION AND GOAL SETTING: (If additional space is needed, please use separate sheet) Progress achieved in attaining goals set in previous appraisal period: Please see attached Performance Plan. February. 2001 Goals and Objectives for next appraisal period: (Developed jointly by the Evaluator and Employee) Please see attached Performance Plan, July, 2001 TR-0129 CONFIDENTIAL COUNTYOF BEXAR EMPLOYEE PERFORMANCE APPRAISAL E C El" crc' ' '' NAME _Carrriella Guerrero JOB TITLE Business Services MdWeR 0 2010 DEPARTMENT Information Services - APPRAISAL DATE 2128101CIV1L CCRVlCEUSI0N DIVISION Business Services Division AST APPRAISAL DATE 01131/00 EMPLOYMENT DATE_1 1 'PRAISAL PERIOD FROM_1/00 TO 2.01 REASON FOR APPR\ Thd of Probation 2ther Special for Merit \ o, 4Y-\ EMPLOYEE'S OVERALL [Xl Distinguished ,) s Improvement 1.51 -2.59 Commendable , leptable 1.50 or below Competent \.\ This employee has been id \ the significance of which is not evident in the appraisal dimensions (disciplinary acts file). H Other____________ WEIGHT SCORE RATING APPLICATION OF JOB 14 _.-cE15GE .20 x 4.50 .90 PUBLIC CONTACT .10 x 4.75 .48 EMPLOYEE RELATIONS .05 x 4.50 .23 INITIATIVE .15 x 4.75 .71 QUALITY OF WORK .10 x 4.75 .48 QUANTITY OF WORK .05 x 5.00 .25 COMMUNICATION SKILLS .05 x 4.50 .23 ATTENDANCE & PUNCTUALITY NA x NA N/A OPERATION & CARE OF EQUIPMENT NA x NA NA CONCERN FOR SAFETY NA x NA NA BUDGETING NA x NA NA LEADERSHIP SKILLS .10 x 4.75 .48 HUMAN RESOURCE MANAGEMENT .10 x 5.00 .50 FISCAL MANAGEMENT .10 x 4,50 .45 1.00 OVERALL PERFORMANCE RATING TOTAL 4.72 Whenever a score of 5, 2 or us given, supporting details must provIded. Attach additional paper if needed. DIMENSION COMMENTS. A Business Services Performance Plan Inclusive of achievements for this rating period as well as goals for the next rating period is attached as part of this evaluation. TR-0130 Employee's Signature: Comments: Evaluators Signature: Date: Comments: I Department Authority or Designee's Signature: Date: APPEAL SECTION (used only if employee is this performance appraisal) I certify that this performance appraisal has been discussed with me and I agree _____ disagree with the scores. I wish to appeal this appraisal and I will submit a written request for appropriate action. Employee's Signature: Date: Bexar County Civil Service Rules, Temporary Chapter X, Personal Grievances. (For Employees Covered Under Bexar County Civil Service Rules.) I have been provided a copy of the rules (Employee's initials) I acknowledge the employee will pursue the appropriate appeal process. Evaluators Signature: Date: GOAL EVALUATION AND GOAL SETTING: (If additional space is needed, please use separate sheet) Progress achieved in attaining goals set in prevIous appraisal period: Goals and Objectives for next appraisal period: (Developed jointly by the Evaluator and Employee) 1 01 CKII TR-0131 Cqmments: ji1'/tt £%L -4-z4 -A i2J4..ai1i c(si. Ak, a çk &zi Employee's Signature: £IZ444c14? M.€AA4.AcP Date: f,J3/i/ CO Comments: Evaluator's Signature: Date: / zi coo Comments: Department Authority or Designee's Signature: Date: I certify that this performance appraisal has been discussed with me and I agree disagree with the scores. I wish to appeal this appraisal and will submit a written request for appropriate action. Employee's Signature: Date: Bexar County Civil Service Rules, Temporary Chapter X, Personal Grievances. I have been pëovided a copy of the rules (Employee Initials) (For Employees Covered Under Bexar County Civil Service Rules.) I acknowledge the employee will pursue the appropriate appeal process. Evaluator's Signature: Date: GOAL EVALUATION AND GOAL SETTING; (If additional space is needed, please use separate sheet) Progress achieved in attaining goals set in previous appraisal period: Successful completion of '(2K project goals. COMPLETED Enhance Computer literacy skills & IS business processes & practices. CONTINUAL LEARNING PROCESS Goals and Objectives for next appraisal period; (Developed jointly by the Evaluator and Employee) TR-0132 NUISSIWI'lOO 301AN38 hAlO AJ.NOOD Mal CONFIDENTIAL COUNTY OF BEXAR OIOZ 01 330 EMPLOYEE PERFORMANCE APPRAISAL 3AI333 NAME _Carmella Guerrero JOB TITLE _Year 2000 Contract Coordinator__________ DEPARTMENTInformation Services APPRAISAL DATE May 27. 1999 DIVISION Year 200p Prolect Office LAST APPRAISAL DATE n/a EMPLOYMENT DATE _1 1/23/1998 APPRAISAL PERIOD FROM_I 111998_ TO _05/1 999_ REASON FOR APPRAISAL: Annual End of Probation 6 Month X Other EMPLOYEE'S OVERALL RATING: Distinguished 4.51 - 5.00 Needs Improvement 1.51 -2.59 Commendable 3.51 - 4.50 Unacceptable 1.50 or below Competent 2.60 - 3.50 This employee has been Involved in a disciplinary action during this evaluation period, the significance of which Is not evident In the appraisal dimensions (disciplinary action documentation Is available In the employee's personnel file). - Other. PERFORMANCE DIMENSIONS: WEIGHT SCORE RATING 1. APPLICATION OF JOB KNOWLEDGE 25._ x 4 _1.00 2. PUBLiC CONTACT .05 x 4 _.20_ — 3. EMPLOYEE RELATIONS ....flL_. x _4_._ 4. INITIATiVE .15 x 5. QUALITY OF WORK ..45 t.. x _5____ 6. QUANTITY OF WORK ..45 _. x _5____ 7. COMMUNICATION SKILLS _.10 x _4 _.40_ 8. ATTENDANCE & PUNCTUALITY QL_ x _5____ 9. OPERATION & CARE OF EQUIPMENT j_ x nla _nIa_ 10. CONCERN FOR SAFETY x n/a 11. BUDGETING _Q&.__ x 5 * .._25. SUPERViSORY DIMENSIONS: 12. LEADERSHIP SKILLS nla x _n(a n/a 13. HUMAN RESOURCE MANAGEMENT ....nLt.... x i/a n/a 14. FISCAL MANAGEMENT .Jilt_. X fl/s _nla 1.00 OVERALL PERFORMANCE RATING TOTAL - 455_ Whenever a score of 5, 2 or us given, supporting details must be provided. Attach additional paper if needed. DIMENSION TR-0133 7117/9? omments II L19it}.uA lii d4 çwtw 9111 2,ke thot ,Jgtd ic/al - bfl 94bV272U/ pme Employee's Signature: jflífl//a 43'?YTM/t_2't0 Date: j r4 Ynt Evaluators Signature: LW-i F Date: ____ 4 ommens:. j4, Ibcç'ro i, vaq 1 '4I 741€- Eo&w' ç' 'c Wtflq s o )epadment Authority or Designee's Signature: Date: 12 It'll ¶ certI, that this performance appraisal has been discussed with me and I agree disagree with the scores. I ish to appeal this appraisal and will submit a written request for appropriate action. ployee's Signature: Date: xar County Civil Service Rules, Temporary Chapter X, Personal Grievances. ave been provided a copy of the rules (Employee Initials) or Employees Covered Under Bexar County Civil ServIce Rules.) a cknowledge the employee will pursue the appropriate appeal process. aluator's Signature: Date: _____________________ TR-0134 RECEIVED DEC 10 2010 BEXAR COUNTY CIVIL SERVICE COMMISSIO] 3:ç$8 - CARMELLA GUERRERO YEAR 2000 CONTRACT COORDINATOR EMPLOYEE PERFORMANCE APPRAISAL TuNE 1, 1999 FOR THE PERIOD NOVEMBER 1998 - MAY 1999 PERFORMANCE DIMENSIONS: SUPPORTING DETAILS 4. INITIATIVE Ms. Guerrero's initiative in all aspects of her job performance is superb. She serves as a role model for others who work with and around her. Ms. GuelTero's participation in Greater San Antonio Year 2000 Coalition activities brings praise to her personally, and is a very positive reflection on the County. Carmelia is known as a person who gets things don; and that has earned her the respect of her peers both within and outside the County. Ms. GuelTero also has an aptitude for detail wo& which serves herwell in her duties as a Year 2000 Contracts Coordinator. Over the course of her projects, She frequently recognizes minute traces of probleths and is keen to examine the trail of e idence seeking a full understanding and an effective and timely solution. For example, Ms. Guerrero has been fully involved in various projects associated with Year 2000 and the County's radio systems. She identified potential problems (not directly related to the Year 2000) and worked to inform the affected offices and departments. In the execution of her primary duties as a Y2K Contract Coordinator, Ms. Guerrero recognized the need for timely progress on the Embedded Systems inventory efforts. In order to expedite the process, Ms. Guen-ero took the initiative to form a Year 2000 Task Force, and tasked the task force members with the preliminary inventory. This effort conserved the Year 2000 project's valuable resources in avoiding the cost of a contractor-staffed preliminary inventory. In addition with the preliminary inventory essentially complete, the County was in a better positiSn to negotiate the Embedded Systems assessment and remediation contract. The original estimates ranged to $1 Million dollars. The preliminary, contract cost was estimated at $750,000. The final negotiated contact cost is $667,000. These cost management efforts were due in large part to the information Ms. Guerrero quickly and accurately compiled through the effective use of the Task Porte. 5. QUALITY OP WORK Ms. Guerrero has a keen eye for detail in her work product, and an aggressive attitude towards completing any projects to which she assign&L Her productivity in tents of the volume of work produced is easily matched by the quality of those work products. Mi Guen-ero is a good listener; a wonderful asset in avoiding simple mistakes. However, she also brings her own style to a projct arid isn't afraid to ask questions or to offer suggestions if something about the assignment seems unclear. These attributes enable Ms. Guerrem to "get it right the first time" almost every time. TR-0135 Ms. Guerrero's work is professional and timely, with relatively few errors of any kind. Her work products are seen by many outside the County, and their cpnsistently high quality serve to enhance the County's overall public image. Ms. Guerrero's oral presentations are also well done, and have the same effect of enhancing the County's public profile, as well as her own. Since her arrival in the Year 2000 Project Office, Ms. Guerrero has enhanced many of the essential skills and abilities she needs to exceL Her proficiency in use of the computer; her specific knowledge in the area of Year 2000 and embedded systems, and; her general knowledge of County government operations and processes have all increased. These serve to increase the overall quality of her work output. 6. QUANTITY OP WORK It is difficult to communicate the volume of Ms. Guerrero work using only words, because so many other work products are intangible. Ms. Guerrero is a leader in defining the processes and procedures that help direct the Year 2000 project The final results are visible in the timelines and inventory spreadsheets she uses to track and manage her projects. What is less visible is the amount of work saved through the efficiency and effectiveness of Ms. Guerrero's work habits. The key to the quantity of work Ms. Guerrero produces is this: she is always prepared for the next day's work She doesn't lose time because her part of a project remains to be done. On the contrary, most of her peers and co-workers know they had better get on board, or risk missing the train. While many workers can appear to be very busy while producing very little, Ms. Guerrero is a consistent producer of high quality work. She mnnges her time very well, balancing her mandatory work duties with other work-related responsibilities she seeks and accepts. Her participation in Year 2000 projects for the Greater San Antonio Y2K Coalition, as well as at the State level further indicate the workload Ms. Guerrero is capable of handling. Yet, each of these projects receives her full attention with no reduction in the quality of the work produced. One way Ms. Guedero handles the tremendous workload she shoulders is byworking longer hours than required. She frequently takes a briefcase full of work home to complez and rarely misses a day of work All of these things combine to make Ms. Guerrero a consistently high producer. The attached list of accomplishments documents her efforts. 8. ATTENDANCE AND PUNCTUALITY Ms. Guerrero is a very punctual and reliable employee. She consistently avoids missing workdays, regardless of the cause. Ms. Guerrero sets a standard in her personal accountability, and it is very evident that she takes her attendance andpunctuality very seriously. Ms. Guerrero is prompt in returning telephone ca]s and pages. This is not only an example of her professional courtesy, but of the high regard in which she holds punctuality. Her promptness and attitude hold for non-Couny events and meetings as well, serving as a very positive reflection on the County. 2 TR-0136 11. BUDGETING The development and preparation of the Department's FY 1999-2000 budget was complicated by the numerous proposed changes initiated as a part of the departmental reorganization. Aithough not directly a part of her job duties, Ms. Guerrero was instrumental in negotiating the niad requirements necessazy for submitting the proposed changes. She successfully mediated between opposing perspectives hel4 by the Department's managers. Ms. Guerrero guided and coached the budget and development work to avoid unnecessaxy work, and to make the submission as concise and clear as possible. Department managcrs - staff alike have come to rely on her budget process Ms. Guentro is also a careful steward of the Year 2000 Project budget category for which she is responsibk embedded systems. As previously mentioned, she "stretched the dollars" through a more efficient and equally effective prelinin y inventory process using County employees and staff. This effort caine about because of her budget anas and projections indicating the embedded systems funding category would require a tight fist and careful execution to avoid potential ovemins. Even in executing the Year 2000 Project Office's internal budget, Ms. Guentro carefully monitors expenditures to ensure a sufficient cash flow throughout the budget y ear She recommended several changes to the original office equipment requests, and even coordinated with the County's Jail Industries program to ref,zrbish existing desks, avoiding the cost of purchasing new ones. This is indicative of Ms. Guerrero's careful, conservative and skilled approach to budget development and execution. TR-0137 Carmolla Guorrero 4707 Trailwood San Antonio, TX 78228 AT SUMMARY OF IJUALIRCA'HONS DEC 10 2010 BEXARCOUNTV I Over 20 years management experience CIVIL SERV!CE COMMISSION I Over.l7yearsinBexarCountyGovernment 2bJ.. I Pros'S experience in business administration, budget development/oversight, resource management and inventory control I Proven experience in contract negotiations, development and oversight I Proven leadership skills, team building, and strategic planning experience I Proven customer service and public relations skills WORK HISTORY Oct 2010 to Present iT Services Manager - Bexar County Information Services Reclassification to this position occurred in October of this year. The position description was drafted and not fully implemented to present. r Aug2006— Sept 2010 Planning & Technical Services Manage - Bexar County Information Services Manages and oversees information technology strategic planning goals and objectives for technology business analysis, communications, technology training and audio/video communications; acts as the representative to County Offices and Departments, Elected Officials, Commissioners Court and outside agencies; manages the development and maintenance of the BCIT departmental budget; estimates funding for staft equipment, materials and supplies and directs the monitoring and approval of expenditures; oversees execution of the procurement process for internal BCIT funds and the Countywide Technology Fund; responsible for the County voice and video network infrastructure; oversees vendor services/products for cellular, voice, data, and video equipment; coordinates with the Sheriff's Office for all City/County Radio Project issues; manages the negotiation, processing and preparation of external service contracts, RFP's and maintenance agreements; oversees all personnel functions including high level personnel issues involving management; oversees supervision, Iraining and evaluation of Senior Technology Business Analysts, Video Teleconference Manager, Office/Contracts.Supervisor, Communications Coordinator and Senior Training & Support Specialists. Oct2001 - Aug2006 Fiscal & Administrative Services Manager - Bexar County Information Services Supervised, trained and evaluated professional and administrative stafi managed department budget development and execution of all budget processes. Managed and coordinated negotiation, processing and preparation of internal and external service contracts, RFP's, and service/maintenance agreements; responsible for EEC) plan to maintain workforce utilization; managed all personnel functions; developed and maintained all departmental policies and procedures including activity based costing, billing processes and management activities; represented BUT on task forces, internal and external committees and Countywide meetings; oversight of all Commissioners Court items; managed department assets; managed accounts payable and receivable for BCIT. July 1999-Sept 2001 Business Services Manager - Bexar County Information Services TR-0138 Managed all administrative and business functions in SCIT; supervised, trained and evaluated administrative and clerical staff, managed all vendor and client service contracts; developed and monitored overall department budget; managed departmental business functions and coordinated all special projects; responsible for personnel administration; managed BCJT facility assets. Nov 1998-July 1999 Year 2000 Contract Coordinator - Bexar County Information Services Planned, organized and developed strategies and milestones for new computer systems; identified remediation requirements; planned, organized and developed strategies for projects; acquired contractor services and monitored such services; coordinated specification compliance and achievement of milestones; provided technical assistance to County users; drafted system documentation; developed Y2K Task Force; developed and staffed RFP processes; and developed embedded systems inventory and remediation plan for the entire County. Jan 1997-Nov 1998 Jail Support Services Manager -Bern, County Sherj[fs Office Managed jail support operations in the Adult Detention Division, inclusive of Human Services, Clothing/Property, Laundry, Inmate Grievance and Jail Industries; supervised professional and adnilnistrative stafi investigated support operational problems; analyzed data; recommended solutions; monitored outside contra ts such as the food sçrvices contract and the inmate phone system for the Adult Detention System; developed and monitored the annual budget for the Adult Detention Division; received, researched and prepared responses for the Sheriff and Jail Administrator on issues of citizen complaints; assisted the Jail Administrator with special projects such as development of programs and services and preparation of Commissioners Court items; coordinated and participated in various problem solving meetings and committees related with the Adult Detention Center. RElEVANT EXPER!ENCE June 1995-Jan1997 Special Assistant to the Jail Administrator, Bexar County Sher(fl's Office Nov 1994-June 1995 Program Manager Human Services, Bexar County Sheriff's Office Oct 1993-Nov 1994 MATCH/PATCH Coordinator Assistant, Bexar County Sheriff's Office Dec 1992-April 1993 Administrative Assistant, New Mexico Children, Youth & Families May 1991-Oct 1992 Psychological Technician Supervisor, New Mexico Department ofHealth May 1991-Oct 1992 StaffDevelopment Specialiit, New Mexico Department ofHealth Sept 1990-May 1991 Psychological Technician H, New Mexico Department ofHealth June 1998-Sept 1990 Job Development/Placement Specialist, Albuquerque Job Corps Center May 1985-May 1990 HospitalAdvocate and Speaker, Albuquerque Rape Crisis Center EDUCATION 124 hours towards Bachelor of Science/Criminal Justice Associate of Arts - Police Science University of Albuquerque, Albuquerque, New Mexico TR-0139 RECEIVED DEC 10 2010 BEXAR COUNTY CIVIL SERVIC December 10, 2010 To Whom It May Concern: I am writing this letter of recommendation for Ms. Carmella Guerrero whom I have known and worked with throughout my years as District Clerk. Camiella has demonstrated an amazing ability to keep up with a myriad of job responsibilities while providing support to a diverse group of people. She conducts herself in a positive, earnest and professional manner. Her consideration for others has made her an indispensable part of BCIT and the County. Carmella has always led by example. Her strong work ethic, her loyalty to the County and ECIT and her staunch support of her staff is admired by all who have been fortunate enough to work with her. She is a well respected professional who has been recognized for her dedication and leadership on many occasions. Margaret 0. Montemayor Bexar County District Clerk mgm/ea BEXAR COUNTY COURTHOUSE * 100 DOLOROSA * SAN ANTONIO, TEXAS 78205-3002 * (210) 335-2113 TR-0140 i*I*IYI*a DEC I'll BEXAR COUNTY ELECTIONS DEPARTMENT To Whom It May Concern: It is with great pleasure that I write this lçtter of reference for Ms. Carmella Guerrero whom I have had the privilege of knowing for many years. Ms. Guerrero has worked for me in the capacity of a Regional Sending Site Manager for many years. Her dedication and work ethic have earned her the trust and respect of the Elections Judges and my Elections staff. The Regional Sending Site is a critical component of the election process. Ms. Guerrero' s exceptional skills and attention to detail with regard to her work have made every election she has worked a success. She always maintains composure in difficult and stressful situations and works eagerly to resolve any situation which may arise. Her site is always managed well as evidenced by her "no error" rate for each election. My department is a customer to the Information Technology Department. All my dealings with Ms. Guerrero in the many positions she has held in the IT Department have been positive. I believe her years of experience in the County have equipped her with the skills to work effectively with a diverse group of people. She has proven he±self to be a capable leader and is an asset to this County. Ms Guerrero has been invaluable in assisting me in the workings of the Civil Service issues from this department. I have relied on her expertise in understanding the process. Finally, Ms. Guerrero is always willing to offer assistance whether it is volunteering for an election or helping to resolve technical issue. She has always followed through to ensure that any issues are resolved in a professional and timely manner. ' )quelyn F. Callanen Bexar County Elections Administrator - - - -- - . - -- - . . . -- TR-0141 en ,r,en.,,r,yrn'r (neon' In..... (fllA\ )C (Y)11 RECEIVED DEC 10 2010 BEXAR COUNTY CIVIL SERVICE COMMISSIYJ 3:578 ..fl BEXAR COUNTY PURCHASING DEPARTMENT Vista Verde Plaza 233 N. Pecos. Suite 320 * San Antonio. Texas * 78207-3178 DANIEL R. GARZA County Purchasing Agent December 9, 2010 RE: Character Statement on Ms. Cannella Guerrero To whom it may concern: I had the privilege of working with Ms. Carmella Guerrero on several procurement projects. Ms. Guerrero has always conducted herself in the utmost professional manner. An example is a project we worked on that called for an annual forec st procurement of Dell computers for County staff. This procurement was conducted through a Cooperative Agreement through Department of Information Resources (DiR) exceeding one million dollars. Considering the dollar threshold, Purchasing collaborated with Ms. Guerrero to prepare a Commissioners Court Agenda Item, which was subsequently approved. This step was used as a model for all Cooperative Procurements involving thresholds and Commissioners Court approval. Ms. Guerrero has also been instrumental in the employment process for the Purchasing Department's management staff. Ms. Guerrero was on the interview panel for one of the Assistant Purchasing Agent positions to include involvement in the interview process for the County Purchasing Agent position. I personally obtained managerial advice from Ms. Guerrero on staff disciplinary issues. Ms. Guerrero provided me with disciplinary process letter templates, which were approved by Civil Service. Ms. Guerrero has been a great colleague and confidant throughout my career with the County. Please feel free contacting me for further information. Best regards, Daniel R. Garza County Purchasing Agent TR-0142 RECEIVED DEC 102010 BEXARCouTy JVILSERVICEC MMISSJON CRIMINAL DISTRICT COURT ADMINISTRATION CADENA-REEVES JUSTICE CENTER TOWER 300 DOLOROSA, SUITE 301 SAN ANTONIO, TEXAS 78205 (210) 335-2544 FAX: (210) 335-2252 MELISSA BARLOW FESCRER GENERAL ADMINISTRATIVE COUNSEL December 8, 2010 RE: CARMELLA GUERRERO To Whom it May Concern: I am happy to act as a character reference for Carmella Guerrero, and I do so without hesitation. I have known Carmella for almost 12 yeais, working with her on various projects through the years starting with the county's plan to be ready for Y2K in 1999. I would see her at least a couple of times a month, sometimes more, in committee meetings concerning issues of importance to our county and county employees. She was usually there representing BCIT, and I was there representing the Criminal District Courts. Early on I came to recognize her value to these committees. She always had thoughtful insight and I appreciated her ability to express her ideas and opinions in a respectful, professional manner. You can always count on Carmella to tell you what she thinks, and even if you may disagree on occasion, you will understand the logic behind her thoughts. She is very intelligent, charming, friendly, and I have thoroughly enjoyed working with her these past 12 years. I highly recommend Carmella for any position she is applying for, and will stand as a character reference for her whenever necessary. I am available at (210) 335-3474 or on my cell at (210) 215-0479 to answer any questions. Please do not hesitate to call. Meli a Barlow Fischer TR-0143 THE DISTRICT COURTS OF BEXAR COUNTY RECEIVED, DEC 10 2010 BEXAR COUNTY CIVIL SERVICE COMMISSliXI BEXAR COUNTY COURTHOUSE IOU DOLOROSA SAN ANTONIO, TEXAS 78205 December 9,2010 TO WHOM IT MAY CONCERN: Re: Carmella Guerrero I serve as General Administrative Counsel for Civil District Courts Administration that provides legal, administrative and liaison support to the 14 Civil District Courts, 2 Child Support Associate Judges and '2 Children's Court Associate Judges. During my nine and one-half years as General Counsel, I have had the pleasure of working with Ms. Carmella Guenero in her former capacity in the Information Technology Department. Ms. Guerrero has always provided excellent support to our Department. She presents herself in a professional manner. Her knowledge of BCIT procedures and procurement processes has been an asset to me and the Judges I serve. Over the past few years, Ms. Guerrero and her staff supported technology improvements in the area of audio/visual and video teleconferencing in the 37 0 ', 131s, 150th, 285th and 407th District Courts, as well at the Child Support Court and the Children's Court. She worked diligently to assure that finding was in place and that her staff had the support to complete the work. It is obvious that Ms. Guenero takes pride in her work. Her responsiveness, to the County's technology needs, is commendable. Sincerely, Gary W. Hutton General Administrative Counsel Bexar County Civil District Courts OFFICE OF CIVIL DISTRICT COURTS ADMINISTRATION • ROOM 302 • PHONE (210) 335-2300 FAX (210) 335-2843 TR-0144 RECEIVED REC 10 2010 BEXAR BEXAR COUNTY CIVIL SERVICE COMMISSLO?! MARGARET G. MONTEMAYOR DISTRICT CLERK December 10, 2010 To Whom It May Concern: I had the pleasure of meeting Carmella Guerrero eight (8) years ago. She has always shown great professionalism in whatever endeavor she sets her mind to accomplish. Carrnella has always been the go to person; whenever you have a problem, she always manages to resolve whatever issue you bring to her. Carmella always interacts well with the public. She can always be counted on to work with others in a pleasant matter. Carmella is extremely cooperative and professional with anyone that she comes in contact with. Sincerely, lva Abundis-Esparza Chief Deputy, District Clerk's Office Rfl AR rot INTY rot rRTgohJsv * 100 TR-0145 DOLOROSA * SAN ANTONIO. TEXAS 78205-3002 * (2I0) 335-2113 RECEIVED flEC 102010 BEXAR COUNTY CIVIL S RVICE coMMlsslo:i JUSTICE COURT, PRECINCT 3 TELEPHONE: (210) 335-4700 8918 TESORO DRIVE, SUITE 300 FACSIMILE: (210) 335-4705 SAN ANTONIO, TEXAS 78217-6238 KEITH BAKER JUSTICE OF THE PEACE December 8, 2010 To Whom It May Concern: Please accept this letter as a formal character reference for Ms. Carmella Guerrero, formerly the IT Services Manager for Bexar County Information Services. I have had the pleasure of knowing Ms. Guerrero in her professional capacity in the IT department for many years. My experiepces with Ms. Guerrero have been pleasant and professional. As Court Manager for Justice of the Peace, Precinct 3, 1 have called on Ms. Guerrero many times for assistance with technology purchases and IT services. She is responsive, professional and always gets the job done in record time, Ms. Guerrero, on several occasions, has had to coordinate between five Court Administrators with different Elected Judges and always seems to get consensus to assure our projects are brought to fruition. I have also had the pleasure of serving with Ms. Guerrero on County-wide committees. The knowledge on County-wide issues she brings to the table has always amazed me. She is an asset to her Department and to the County as a whole. Janet Miller Justice Court Manager, Pd. 3 (210) 335-4707 TR-0146 RECEUVED DEC 102010 BEXAR COUNTY December 9, 2010 CIVIL SERVICEOMMISSIC- To Whom It May Concern: I am happy to provide this brief letter attesting to the many talents of .Ms Caimella Guerrero. I had the good fortune of having her as part of my staff while serving as the Jail Administrator of the Bexar County Jail. My first major crisis as Jail Administrator was a scheduled jail inspection by the jai standards commission. Ms Guerrero volunteered to assist in preparing the jail and all its mand$ory programming into compliance and was recognized by the inspectors. We eventually promoted her to Jail Support Services Manager. I had the upmost respect and confidence in her abilities because I knew the she would do the due diligence necessary to provide me with the best options. During the time that she was on my staff there was never an issue that a questionable course of action was taken that she didn't come to me and say "Chief, I blew it". Ms. Guerrero was/is a hard worker dedicated to the mission assigned not just to he, but to all members of the unit. Equally impressive is her dogged determiiation to the best in the job she is responsible for. If there were projects or other functions assigned to her that were not her forte she would pick your brain, research the topic and in no time one would not know this was all new to her. One such project that demonstrates how well she was respected was the assemblage of a team sent to Colorado to review hard core criminals in selecting those we could bring back to Bexar County to help fill our jail and delay the privatization of our jail operations-and at the same time put money into the County coffers. Ms. Guerrero headed up that delegation without one single glitch. Ms. Guerrero, as I'm sure she does now, coordinated the entire operation and assisted in screening the prisoner's records. I was the one who recommended Ms. Guerrero to Dr. David Morgan, the previous CIO, when he took the County job. Feedback from him was nothing but laudatory. Within months Ms. Guerrero was David's go to girl, passing more and more duties and responsibilities to her. From my many visits to the court or operations within the jail --- Ms. Guerrero was the go to person in the department. She was the ideal employee. She came to work on time and stayed as late as needed to get the project done. A good manager should want employees who are strong in their beliefs and are allowed to provide their input. Ms. Guerrero will argue her point but when you say "no-this is the way I want it done --- she becomes your strongest advocate". They ,don't come much better than her. Z 2ist!!t? orB!C.S.O. TR-0147 THE LOPEZ LAW FIRM A PROFESSIONAL CORPORATION RECEIVED NOV 16 2010 BEXAR COUNTY November 10, 2010 CIVIL SERVICE COMMISSION :30 fr(r%. a.,a,., VIA HAND DEL WERY Catherine Maras Chief Information Officer Bexar County Information Technology 203 W. Nueva, Suite 200 San Antonio, Texas 78207-4507 RE: Employee Policy No. 7.6.11 Response Dear Ms. Maras: This law firm represents Carmella Guerrero. On or about October 27, 2010, you provided Ms. Guerrero a Notice of Proposed Disciplinary Action purporting to demote Ms. Guerrero to a Technology Business Analyst Grade E-05. In accordance with Policy No. 7.6.11, Ms. Guerrero provides this response to your proposed disciplinary action. Record of Achievement Ms. Guerrero has been a valued employee with Bexar County since 1993. Ms. Guerrero began her career with Bexar County as an administrator in the Bexar County Sheriff's Department. Ms. Guerrero held several positions with the sheriffs department and was ceremoniously promoted in the department until she became the Jail Support Services Manager in 1997. In 1998, Ms. Cuerrero transferred to the IBexar County Information Services Department, and served as a contract coordinator. While an employee of the information services department Ms. Guerrero was promoted three times until she finally was promoted to second in cothmand of the information services department where she served as the department's IT Services Department Manager. Ms. Guextero has had a distinguished career with Bexar County, and has worked her way up the system with her tireless work ethic, loyalty, and professionalism. Ms. Guerrero's work record with Bexar County is spoil ess, and she has received numerous raises and promotions due to her accomplishments. Ms. Guerrero has been a proven leader, an ideal employee, and exceptional colleague to her many coworkers within Bexar County for almost two decades. Until your recent proposed disciplinary action, Ms. Guerrero has never been admonished or disciplined as a Bexar County employee. • FIRST NATIONAL BANK TowER • 6243 LR lOWEsT, SUTFE 205 • SAN ANTONIO, TEXAS 78201• 210.472.2100 TaEvHo 210.472.2101 TELECOPIER' TR-0148 In fact, you promoted Ms. Guerrero to her current position after you took over the department in 2009. Specific Reply to Grounds for Demotion It is apparent from the record that your decision to demote Ms. Guerrero is based on simple miscommurdcation and personality differences. There is no evidence, however, that Ms. Guerrero was insubordinate, was dishonest, or failed in carrying out the requirements of her job. Your reasons for Ms. Guerrero's proposed demotion seem to be that (1) Ms. Guerrero misled you about her authority to direct parking for the department, and (2) Ms. Guerrero disregarded your directive that Tina Singh pay for parking. We do not believe the facts support these reasons for the proposed demotion. 1. Ms. Guerrero did not mislead you about her authority to assign parking. Bexar County Administrative Policy No. 4.6, the relevant parking policy for the county, is dear that the Parking Garage Division of Infrastructure Services Department is responsible for administering the county's parking facilities. Additionally, the Infrastructure Services Department ("ISD") is responsible for the assignment of parking privileges within the county's parking facilities. The plain language of the policy is dear that ISD is responsible for the assignment of parking privileges; and, not Ms. Guerrero. Of course, over time, Ms. Guerrero has assisted your department in coordinating with ISO to determine which employees qualified for certain parking privileges, and even corresponded with ISO to track certain parking assignments. Ms. Guerrero's work in this regard, however, did not rise to the level of making Ms. Guerrero ultimately responsible for overseeing all of the parking in your department. As you know, Ms. Guerrero has many more pressing and important responsibilities in connection with the county's IT department. Instead, the person responsible for assigning parking spaces for ISO was David Mandujuano, whom Ms. Guerrero communicated with after you instructed Ms. Guerrero to obtain a list of who had privileges to park in the designated aces at issue. In fact, Ms. Guerrero had to email ISO to determine the hierarchy for T parking spaces at issue because Ms. Guerrero was not responsible for making those assignments. Simply put, it seems that you intend to demote Ms. Guerrero because she told you that she was not in charge of parking when you believe the practice is the department was for Ms. Guerrero to assist in some of those tasks. Ms. Guerrero by virtue of her position within your department does' not have any authority to assign parking. Ms. Guerrero was dear with you that she did not have the authority you daim she did have. To the extent that either you or persons within your department believed that Ms. Guerrero was responsible for making parking assignments, such belief is misplaced and most likely a result of misconimunication. Ms. Guerrero has always been honest with you about her job and her job responsibilities, and she would have no reason to mislead you about what she can and cannot do in regards to parking. Moreover Administrative Policy No. 4.6 is dear as to who is responsible for assigning parking spaces—IS]). Ms. Guerrero was equally dear with you that it was ISO that assigned parking and not her. FIRST NATIONAL BANiC TowER • 62431. H. 10 WEST, Suim 205 -SAN ANtoNIo, TEXAS 78201• •210.472.2100 TELEPHONE 210 472 2101 TELECOPIER' TR-0149 2. Ms. Guerrero followed your directive regarding Ms. Singh's parking. Ms. Singh is a contract vendor for the county, and sometimes must attend early morning meetings at Heritage Plaza. Ms. Guerrero was under the belief that you authorized Ms. Singh to utilize the designated space at issue on mornings that Ms. Singh had early meetings; otherwise, you instructed Ms. Singh that she would make arrangements to pay for her parking. To that end, Ms. Guerrero informed Ms. Singh by email that she could only park in the designated space for the early morning meetings, and that Ms. Singh would need to coordinate with 3D for a permanent parking space and that she would be required to pay for the parking. Ms. Singh confirmed the parking instructions with Ms. Guerrero and Ms. Singh was referred to IS]). Since October 4, 2010, Ms. Singh has related to Ms. Guerrero that she should not have been parking in the space at issue. We believe the record is dear that Ms. Guerrero followed the instructions you gave her regarding Ms. Singh's parking. We believe it was Ms. Singh's responsibility to coordinate with IS]) and/or the auditor's office and make arrangements to pay for her parking privileges. Ms. Guerrero did what was asked of her in this regard, and to the extent Ms. Singh was parking in the space at issue, it Was an oversight on Ms. Singh's part because Ms. Guerrero was dear with Ms. Singh about the requirement that Ms. Singh coordinate and pay for her own parking with IS]). Miscommunication may have played a role in this situation as well. Conclusion Ms. Maras, Ms. Guerrero has been a valued employee for Bexar County for almost two decades. Her dedication to the county, her job, and to your department is unquestioned. You have worked with Ms. Guerrero for over twelve months, and you should know that Ms. Guerrero is not the type of person that will skirt her responsibilities; and certainly, you should know that Ms. Guerrero would not he to you or be dishonest, as you have suggested. Ms. Guerrero is not responsible for the parking assignments as she attempted to inform you. She was not trying to mislead you or hide from any of her responsibilities. Additionally, Ms. Guerrero did her part to inform Ms. Singh that Ms. Singh had only limited parking privileges at the designated parking space and that she would need to make arrangements to pay for her parking as you instructed Ms. Guerrero. It does not seem fair to punish Ms. Guerrero if Ms. Singh did not follow those instructions. Finally, Ms. Guerrero is an important part of our team and Bexar County, and she very much wishes to continue in her current position. If there was an exchange for words that caused this matter to escalate unnecessarily, we are certain measures can be taken, such as counseling, to avoid such exchanges in the future. Under Administrative Policy No. 7.6.11, we also do not believe Ms. Guerrero's alleged conduct was serious enough to warrant your proposed demotion without prior use of less severe discipline. We understand that did you did not even attempt tompose any type of less severe discipline. • FIRST NATIONAL BANK TOWER • 62431. H. 10 WEsT, SuITE 205 • SAN ANTONIO, TEXAS 78201 •210.472.2100 TELEPHONE • 210.472.2101 TnsconER' TR-0150 Accordingly, we believe your proposed demotion is unreasonable under these circumstances, and respectfully request that you not proceed with the proposed demotion. Thank you for your time and attention. Very truly yours, o1-S4 XLycc Orlando R. Lopez cc: Carmella Guerrero • FIRST NATIONAL BANIC ToWER• 62431. H. 10 WEsT, Sun-s 205 • SAN ANToNIO, TExAs 78201 •210.472.2100 TELEPHONE • 210.472.2101 TELECOPIER• TR-0151 BEXAR COUNTY INFORMATION TECHNOLOGY 203W. Nueva, Suite 200 San Antonio, Texas 78207-4507 (210) 335-0200 RECEIVED October 6, 2010 OCT 15 2010 BEXAR COUNTY CIVIL SERVICE COMMISSION TO: Cathy Maras, CR) 51183: Incident on October 4, 2010 I am writing this letter regarding the incident that occurred in your office on Monday, 10/4/10. I went back and forth as to whether putting this in writing was the best way to go, however I was concerned that another discussion would result in another altercation. It is important to me that you know my feelings on this matter. Beginning early Monday morning, you inquired about parking at the annex and directed me to do sôveial things including asking Tina Singh to find parking elsewhere and to pay for said parking. I immediately came upstairs to notii Ms. Singh and you were thready telling her. Your tone towards me was rude and accusatory in front of Ms. Singh. Throughout the day while we were working out the issues on BC1T parking, you were abrupt with me and in my opinion accusatory that David and I were utilizing the parking situation to our advantage. One example was the "wink-wink" you gave me in the meeting with OS, Lulu and Linda and your reference to the fhct that only David and I had these privileges. This is not true. I have been following County policy regarding parking since the policy inception in 1999. After, spending a good majority of my day trying to fidflll your directive to find out who was parking in what spaces,! felt that you were growing angrier and angrier. At the end of the day, I went to provide you a copy of the policy for review and discussion at managers meeting. Again, you raised yout voice, slapping the policy in your hand and accusing me of wrong doing and noti'ing me that you were taking me out of the 1oop.i turned to leave your office and made this comment "I was just giving you a copy of the policy, I don't undentand why you have been ugly to me 01 day". You raised your voice atm; jumped out of your chair, got up in my face, pointed your finger six times yelling "sit down", proceeded to the door and slammed it shut. You continued to yell at me saying that you are the dO and it was your right to act like this. You yelled several times that I had a bad attitude and inappropriate mannerisms and that you were not going to stand for it. You directed to "fix" it You also shouted that I was making you look like an "a-hole". The majority of the employees on the 2nd floor heard this outburst and were very concerned. When I was in your office, I was afraid of you. In thirty years of my professional career, I have never been treated like this. I feel embarrassed and degraded in front of the employees of BCIT. Since this occurred, I have been appmached by several staff asking if! was ot TR-0152 Whether or not employees like me, I feel that they respect me and you have damaged that respect, at least in my eyes. I have worke4 in BCIT for the passed 12 years and in the County for 18 years and have never been in trouble with any employer for any reason nor have I been treated the way you treated me. r believe that we have to work together and for the most part, I feel we are a good team. You become stressed as do I and you have a different way of handling that than I do. However, mutual respect for each other as human beings is imperative for me to move forward. I want to go on record saying that I will work on my body language, faces; and mannerisms as you have asked me to do. I believe my attitude at work is good and my working relationships with co-workers, business partners and employees have never been challenged to date. I also feel that in order to move forward, you owe me an apology for the yelling and screaming and slamming the door that caused intimidation, humiliation and embarrassment to me. I am certain that we can move passed this if you agree. I did not want to leave on my vacation until we resolved the matter. I am available until 12:00 noon today if you want to discuss it with me. Carmella Guerrero IT Services Manager TR-0153 October 13, 2010 Ms. Carmella Guerrero RECEIVED 4707 Trailwood San Antonio, Texas 78228 OCT 13 2010 BEXAR COUNTY CIVIL SERVICE COMMISSION Dear Ms. Guerrero: 12:55-,,,, SUBJECT: Order of Administrative Leave Effective October 13, 2010, you are being placed on Administrative Leave with pay for a period often business days pursuant to Bexar County Human Resources Policy 7.4.04 AdmInistrative Leave. During the period you are on Administrative Leave, you are asked to limit your communication, during working hours, to either me or county Human Resources. In addition, you must be available torepoft, In person, to me if necessary during your Leave. Sincerely, (44L4t m- Catherine Mans CC: Bexar County Civil Service Commission document I, - Employee Signature Date TR-0154 FILED 9/24/2014 12:37:01 PM Donna Kay McKinney Bexar County District Clerk Accepted By: Consuelo Gomez CAUSE&NO.&2012-CI-8758& & CARMELLA&GUERRERO& & & & §& & IN&THE&DISTRICT&COURT& & & & & & & §& & & & & & & §& VS.& & & & & & & §& & 225TH&JUDICIAL&DISTRICT& & & & & & & & §& & & & & & & & §& BEXAR&COUNTY&CIVIL&SERVICE& & §& COMMISSION& & & & & §& & BEXAR&COUNTY,&TEXAS& & & & & & & & & & NOTICE'OF'FILING'OF'THE'BEXAR'COUNTY' CIVIL'SERVICE'COMMISSION'RECORD' ' & & Plaintiff,&Carmella&Guerrero,&provides&her&Notice&of&Filing&of&the&Bexar&County& Civil&Service&Commission&Record.&&In&support,&Plaintiff&shows&as&follows:& && & On& or& about& August& 21,& 2014,& the& Bexar& County& Civil& Service& Commission& conducted& a& hearing& in& the& referenced& matter.& & Plaintiff& attaches& as& Exhibit& “A”& the& record& of& such& proceeding& in& accordance& with& the& Texas& Rules& of& Civil& Procedure& and& the&Texas&Local&Government&Code.&& Respectfully&submitted,& & & & & & & & & LOPEZ&SCOTT,&L.L.C.&& & & & & & & & & & 719&S.&Flores,&Suite&100& & & & & & & & & San&Antonio,&Texas&78215& & & & & & & & & Telephone:& 210.472.2100& & & & & & & & & Telecopier:& 210.472.2101& & & & & & & & & & & /s/&Orlando&R.&Lopez& & & & & & & & & _____________________________& & & & & & & & & ORLANDO&R.&LOPEZ& & & & & & & & & State&Bar&No.&24010196& & ATTORNEYS&FOR&PLAINTIFF&& & Page 1 of 2 TR-0155 CERTIFICATE'OF'SERVICE& I& certify& that& a& copy& of& this& document& has& been& forwarded& to& the& following& counsel&of&record&via&electronic&mail&on&this&&24th&day&of&September,&2014:& Clarkson&F.&Brown& Bexar&County&District&Attorney&Civil&Section& 300&Dolorosa,&Suite&5059& San&Antonio,&Texas&78204& & & & & & & & & /s/&Orlando&R.&Lopez& & & & & & & & __________________________& ORLANDO&R.&LOPEZ& & Page 2 of 2 TR-0156 1 1 CAUSE NO. 2012-CI-08758 2 CARMELLA GUERRERO, ) IN THE DISTRICT COURT Plaintiff ) 3 ) ) 225th JUDICIAL DISTRICT 4 vs. ) ) 5 INFORMATION TECHNOLOGY ) DEPARTMENT, ) 6 BEXAR COUNTY, TEXAS, ) Defendant ) BEXAR COUNTY, TEXAS 7 * * * * * * * * * * * 8 NO. 10-BCCS-002 9 CARMELLA GUERRERO, ) Employee ) 10 ) BEXAR COUNTY ) CIVIL SERVICE COMMISSION 11 vs. ) ) BEXAR COUNTY, TEXAS 12 INFORMATION TECHNOLOGY ) DEPARTMENT, ) 13 BEXAR COUNTY, TEXAS, ) Department. ) 14 15 TRANSCRIPT OF AUDIO RECORDED PROCEEDINGS 16 EVIDENTIARY HEARING OF CARMELLA GUERRERO AUGUST 21, 2014 17 HELD BEFORE THE BEXAR COUNTY CIVIL SERVICE COMMISSION 18 CHAIRMAN GINA M. ELLIOTT, PRESIDING 19 20 21 22 23 24 DAWN FLIPPIN, CSR 200 Alcalde Moreno 25 San Antonio, Texas 78232 TR-0157 2 1 APPEARANCES 2 FOR THE PLAINTIFF: 3 Mr. Orlando R. Lopez The Lopez Law Firm 4 719 S. Flores, Suite 100 San Antonio, TX 78215 5 210-472-2100 6 FOR THE DEFENDANT: 7 Mr. Clark Brown 8 Bexar County District Attorney's Office - Civil Division 300 Dolorosa Street, Suite 5049 9 San Antonio, Texas 78205 (210) 335-3918 10 11 ALSO PRESENT: 12 Commissioner Elliott 13 Commissioner Gimblet Commissioner Arriaga 14 Ms. Carmella Guerrero, Employee Bob Hampel, County Representative 15 16 17 18 19 20 21 22 23 24 25 TR-0158 3 1 INDEX Page 2 County Opening Statement 8 3 Employee Opening Statement 17 4 ************** 5 WITNESS: HENRY REYES 6 Direct Examination By Mr. Lopez 25 7 Cross Examination By Mr. Brown 42 8 Redirect Examination by Mr. Lopez 49 9 WITNESS: ELVA ABUNDIS 10 Direct Examination By Mr. Lopez 50 11 Cross Examination By Mr. Brown 56 12 Redirect Examination by Mr. Lopez 65 13 Recross Examination by Mr. Brown 66 14 WITNESS: ANDREA SAN MIGUEL 15 Direct Examination By Mr. Lopez 67 16 Cross Examination By Mr. Brown 78 17 Redirect Examination by Mr. Lopez 84 18 Recross Examination by Mr. Brown 86 19 WITNESS: CARMELLA GUERRERO 20 Direct Examination By Mr. Lopez 88 21 Cross Examination By Mr. Brown 105 22 23 24 25 TR-0159 4 1 INDEX Page 2 Plaintiff Closing Statement 107 3 Defendant Closing Statement 114 4 Commission's Decision 121 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TR-0160 5 1 PROCEEDINGS: 2 CHAIRPERSON ELLIOTT: Good morning. Today is 3 August 21st. It is now 9:02. 4 Call to order the Bexar County Civil Service 5 Commission meeting. Present are Commissioners Gloria Arriaga, 6 Joe Gimblet and myself, Gina Elliott. 7 MALE VOICE: Item number 3 is going to be 8 evidentiary hearing concerning Case Number 20-BCCS-022, 9 Carmella Guerrero versus Information Technology Department 10 pursuant to the 225th Judicial District Court of Bexar County, 11 Texas, Cause Number 2012-CI-08758. 12 We received a notice from Ms. Guerrero's 13 attorney, Mr. Orlando Lopez, indicating that a court order was 14 issued regarding Case Number 10-BCCS-022 to -- as an 15 evidentiary hearing to introduce additional evidence. This is 16 an open hearing and all parties are present. 17 If we can go ahead and get everyone sworn in 18 for the remaining cases of the day. Anyone that is going to 19 be testifying today as a witness we'd ask that you go ahead 20 and stand and raise your right hand to be sworn in. 21 (Witnesses sworn). 22 CHAIRPERSON ELLIOTT: Thank you. 23 MS. BOWEN: Commissioners, if I may, my name is 24 Susan Bowen. I'm with the Bexar County District Attorney's 25 Office. I'm here for the second two cases that are going to TR-0161 6 1 be heard. May we just step out into one of the conference 2 rooms while you're having Ms. Guerrero's hearing? 3 CHAIRPERSON ELLIOTT: Yes. 4 MS. BOWEN: Thank you very much. 5 CHAIRPERSON ELLIOTT: Okay. We want to go 6 ahead and get started if you all wanted to make an opening 7 statement. 8 MR. LOPEZ: Certainly. 9 MR. BROWN: Are you going to invoke the Rule? 10 MR. LOPEZ: I wasn't planning on it. 11 MR. BROWN: The County would. 12 CHAIRPERSON ELLIOTT: Like to invoke the Rule? 13 At this time we have a request by the County to 14 invoke the Rule. What that means is that only those who are 15 testifying at the moment will be present in this room during 16 the hearing. So we would ask -- it also requires that anyone 17 that is going to testify not have a discussion outside of this 18 hearing room. 19 So we will ask -- I don't know who's coming 20 first. 21 MR. LOPEZ: Yes, ma'am. We'd ask Henry Reyes, 22 Elva Abundis and Andrea San Miguel to -- to be excused. 23 CHAIRPERSON ELLIOTT: Okay. All right. 24 MALE VOICE: Appellant, witnesses will be in 25 the training room right across the hall. Amy Reyes will be TR-0162 7 1 right outside the hallway here escorting the officers to the 2 site. 3 CHAIRPERSON ELLIOTT: Thank you. 4 MR. BROWN: One other matter. Are you going to 5 flash up the affidavit in this hearing? 6 MR. LOPEZ: He's going here -- he's going to be 7 here to adopt it. I'm not going to flash it up until he 8 adopts it. 9 MR. BROWN: Okay. 10 CHAIRPERSON ELLIOTT: Okay. Are you ready? 11 MR. LOPEZ: Yes, ma'am. 12 I represent Carmella Guerrero. As Mr. Gimblet 13 and you know, we were here on April the 26th of 2012, and we 14 had a full-day evidentiary hearing. Ms. Arriaga, I am going 15 to do my best to make a special presentation since you are new 16 to the Commission and you were not part of the proceeding and 17 the decision that was made on April 26th of 2012. 18 Ms. Guerrero is a long-time Bexar County 19 employee. Over 20 years. She started off as a file clerk and 20 she moved her way up all the way to an E11 where she was the 21 IT Services manager for the Bexar County Information 22 Technology Department. She had at that time when she was at 23 her E11 position, she was being paid at approximately 24 $80,000.00 a year. 25 She was selected for that position by the Chief TR-0163 8 1 Information Officer. Catherine Mares promoted her to that 2 position. Thought so much about her when she came to take 3 over the IT Department that she placed her in one of the top, 4 if not the top, nontechnical packing positions within the 5 Information Technology Department. 6 In 2010 in the fall, Ms. Mares and Ms. Guerrero 7 became involved in a dispute regarding some trivial parking 8 issues. And Ms. Mares, based on the dispute concerning the 9 parking, demoted Ms. Guerrero from an E11 all the way down to 10 an E5. She was an E11, answered only to the Chief Information 11 Officer, had her own office, had responsibilities galore for 12 the Information Technology Department. Because of a dispute 13 over parking that was trivial, she demoted her six grades, 14 downgraded her salary from approximately $80,000.00 to the mid 15 fifties. She lost responsibilities, she lost rank. 16 Ms. Guerrero filed an appeal with the Bexar 17 County Civil Service Commission because she believed that she 18 was unlawfully demoted. So on or about November 29th, 2010, 19 Ms. Guerrero is demoted. On April 26th, 2012 the Bexar County 20 Civil Service Commission heard Ms. Guerrero's appeal. 21 Basically, this parking issue, Ms. Arriaga, 22 Mr. Gimblet, Ms. Elliott was a he said/she said. Ms. Mares 23 accused Ms. Guerrero of being a liar, being dishonest, being 24 insubordinate. We had an all-day trial before this 25 Commission. At the conclusion of this Commission, Ms. TR-0164 9 1 Arriaga, these Commissioners unanimously determined that her 2 demotion should be overturned. 3 Had we stopped there, we wouldn't be here 4 today, Ms. Arriaga, because what had happened is -- and I'll 5 go back for this time line -- that Ms. Guerrero was demoted in 6 November of 2010. In 2011 in October, BCIT, the department 7 and the County eliminated her position. Basically just wiped 8 it from the books and said we're no longer going to have an IT 9 services manager. So when the Commissioners overturned her 10 demotion, they said by their own words that there was no 11 evidence that she had -- that she should have been demoted. 12 Instead she was a great employee, had worked hard, and there 13 was no basis in law and fact for her to have been demoted. 14 The Commissioners were attempting to right a 15 wrong that had been done to Ms. Guerrero by Ms. Mares. The 16 situation that they were in was that they believed that they 17 could not reinstate her to a position that had been deleted. 18 And so what they did was they overturned it, saying this 19 employee should not have been demoted, but they kept her in 20 her E5 position. 21 So Ms. Guerrero gets her day in court on April 22 26th, 2012. She's vindicated. She's able to put on evidence 23 that has been accepted by this Commission that she's not a 24 liar, that she's not insubordinate and that she's not 25 dishonest. All she did was just clear her name, because since TR-0165 10 1 that date, she has still been doing her E5 work and she's 2 still been getting paid in the mid fifty range as opposed to 3 the eighty or nine-some-odd thousand that we believe she's 4 entitled to had the County not eliminated her position. 5 After the hearing, Ms. Guerrero was 6 dissatisfied with still being at her demoted position. So we 7 filed a lawsuit in District Court. And we alleged that the 8 Commission made a mistake in terms of leaving her in her 9 demoted position. The County took the position in District 10 Court that there's nothing that the County could do for 11 Ms. Guerrero. Sure, she was overturned, sure, she was 12 vindicated, but there's no position to reinstate her to. We 13 can't put her in a position that no longer exists. 14 Mr. Clark has advanced that argument before 15 this Commission, many hearings in front of the trial court, 16 and, in fact, he made that argument to Judge Littlejohn. 17 Judge Littlejohn initially dismissed Ms. Guerrero's lawsuit 18 saying there wasn't any jurisdiction for this case. We 19 appealed the case to the Fourth Court, and the Fourth Court 20 reversed Judge Littlejohn's decision, and said Ms. Guerrero 21 has a right to sue the County in District Court because she 22 was still demoted after her hearing here. 23 The Fourth Court in rendering their opinion 24 that the dismissal should not have been made, pointed out 25 exactly the reason we are here, and why it is -- why it is TR-0166 11 1 that it is unfair that Ms. Guerrero was still in her demoted 2 position. Because we argued to them. We said that just 3 smacks of unfairness, it smacks of not being equitable with 4 your employees. And the Fourth Court in their holding when 5 they decided that her lawsuit could go forward made this 6 holding in their last statement. They said: Allowing a 7 County employee -- allowing Carmella Guerrero to pursue her 8 right to judicial review unaffected by subsequent budgetary 9 actions is a just and reasonable result. 10 That's what the Fourth Court said about 11 Ms. Guerrero's case. The County told the Fourth Court we 12 eliminated your position through a normal budget action. We 13 were doing a reduction in force, we wanted to make our budget, 14 we wanted to make our employee force smaller so that we could 15 change with the times; that's why we deleted your position. 16 And we disagree. We believe that the position was deleted 17 intentionally because BCIT and the County did not want 18 Ms. Guerrero back at her position. 19 We get back to the trial court before Judge 20 Sakai. We asked Judge Sakai for the opportunity to come to 21 you to give you additional evidence of why she should be 22 reinstated to her E11 position and why she should get her full 23 back pay and her former E11 position with any raises that she 24 would have been entitled to. And here's the rule we had to -- 25 we had to accommodate for when we were before Judge Sakai. It TR-0167 12 1 says: A party -- that's Ms. Guerrero -- may apply to the 2 Court to present additional evidence. What we had to do is we 3 had to -- the second part of that rule says: If the Court is 4 satisfied that additional evidence is material and there's 5 good causes for reason of the failure to present, the Court 6 may order that the additional evidence be taken before the 7 Commission. What's real important in this part of the rule is 8 material. 9 Now, we believe that there are at least three 10 reasons why you have the authority and you must reinstate her 11 to her E11 position and give her her back pay and give her her 12 full benefits. 13 Reason number one, we believe that the County 14 intentionally -- and you're going to hear from our 15 witnesses -- intentionally deleted that position so that 16 Carmella would not be able to get her position back if she was 17 successful and prevailed here. We think it was a pretext, we 18 think it was underhanded, we think it was some form of some 19 type of cahoots or conspiracy to oust Ms. Guerrero if she won 20 here before the Civil Service Commission. 21 Number two, when the County -- and you'll hear 22 Mr. Brown. There is nothing we can do for you. We eliminated 23 your position. You know, our hands are tied. We'd love to 24 help you, but, you know, your job is gone and that's tough. 25 That's just not true. The County has a multibillion dollar TR-0168 13 1 budget with almost 4,000 employees. You're going to hear from 2 our witnesses that are going to testify that many employees 3 just like Carmella, just like Ms. Guerrero, have been treated 4 differently. Employees whose position has been deleted have 5 been moved around. Employees who have been disgruntled at 6 their jobs have either come to the Commission and been moved 7 to different sections; we have employees that were ousted by 8 elected officials and demoted to like an E1 and still getting 9 paid as an E11. 10 So we believe the evidence is going to show 11 that when the County says we can't do anything, it's flat 12 wrong. They're being untruthful. Because they're the County. 13 They got a multibillion dollar budget. They have 4,000 14 employees. If you've got that many employees, you're going to 15 have situations where an accommodation can be made and should 16 be made for Ms. Guerrero. 17 Number three -- and we're going to get to the 18 policy -- your own policies of Human Resources in the Civil 19 Service Commission say that if you reinstate her and she goes 20 back to try to get her job and Ms. Mares says no, your own 21 policies dictate that she should still receive her E11 salary. 22 So those are the three reasons and that's the 23 evidence that we suggested to Peter Sakai. We said they 24 intentionally deleted her position, we know they treated 25 employees differently, and we know that the County's policies TR-0169 14 1 allow for her to get her salary at worst if they decide not to 2 take her back into her position. 3 So what we had to convince Judge Sakai is is 4 that evidence material, okay? Otherwise, we wouldn't be able 5 to come to you. And so under this rule it says that the 6 Commission -- that's you three -- may change their findings by 7 reason of the additional evidence and shall file the 8 additional evidence with the Court. So under this rule, we're 9 here to give you some additional evidence, material evidence. 10 And why that's important is what Judge Sakai was saying with 11 his order was what is material? Judge Sakai is telling us, 12 telling you, telling the record that something is material if 13 it is of real importance or consequence, being such would 14 affect or taken into consideration by a reasonable person in 15 acting or making a decision. 16 Here is the rule that Judge Sakai was being 17 guided by. And he said, Mr. Lopez, what is your additional 18 evidence? And I said well, we know they deleted her position 19 intentionally, we know they've treated other employees 20 differently, and we know that their own policies allow for 21 reinstatement even under these circumstances. Judge Sakai 22 heard that argument, he looked at the rule and said that's 23 important, that's material; the Commission needs to hear that 24 evidence. 25 And Judge Sakai -- and here's the policy that TR-0170 15 1 we're talking about. Policy 7.6.14 says that in number 17 -- 2 and it's in your evidence packet as Number 5. It says: 3 Should the office or department refuse to reinstate the 4 employee as ordered by the Commission, the employee shall be 5 entitled to their full salary just as though they had been 6 reinstated as before. Those are your rules. Those are your 7 policies. 8 So Judge Sakai said I'm looking at this rule, 9 Mr. Lopez has suggested and proven to me that he has important 10 material evidence to show the Commission and including this 11 policy that says you could put her back even if they deleted 12 her position. And that's what -- as Mr. Leos said -- that's 13 what Judge Sakai said in a written order on the record that is 14 governing this case that as referenced by Mr. Leos that says 15 Ms. Guerrero and only Ms. Guerrero is entitled to present to 16 you additional evidence, and that you have the power, you have 17 the authority under Judge Sakai's Order that says you may 18 change your findings. 19 So we're here today and you're going to hear 20 from witnesses that are going to prove three things. Number 21 one, that the County intentionally deleted her position while 22 she was on appeal. Number two, that the County treats 23 employees differently and has done that in the past. And that 24 based on those situations, you have the power to make it right 25 for Ms. Guerrero. And then number three, if you don't believe TR-0171 16 1 anything else, your policies say if they don't want to 2 reinstate her, at least give her her money back. 3 And you will hear from our witnesses, and we 4 believe after the conclusion of this evidence and this hearing 5 that you will have ample evidence to change your finding, 6 reinstate her to her E11 position, give her her back pay, and 7 give her all her full benefits and salary raises and cost of 8 living allowances that she should have been entitled to had 9 she not wrongfully been demoted back in 2010. 10 Thank you. 11 CHAIRPERSON ELLIOTT: Thank you, Mr. Lopez. 12 Mr. Brown? 13 MR. BROWN: Yes. Thank you. Good morning. 14 CHAIRPERSON ELLIOTT: Good morning. 15 MR. BROWN: I have a brief. 16 We know where the case was and where it is now. 17 We're back here because Judge Sakai punted a decision that he 18 didn't want to make back to you all. And that's essentially 19 what happened. 20 The procedural history of this issue, you 21 issued your order, you explicitly overturned the discipline 22 and you put her in the only thing you could, the position that 23 she held, because you cannot create or put a person in a 24 position that doesn't exist. That is solely the County 25 Commissioners. The court can't do it and you can't do it. TR-0172 17 1 Unsatisfied with that decision, Ms. Guerrero 2 appealed. The appeal went. The District Court where we filed 3 a motion before Judge Littlejohn saying we don't feel you have 4 jurisdiction because we feel the Commissioners gave all the 5 relief they could, she didn't rule one way or the other on 6 what relief she could grant. She just simply said I agree I 7 don't have jurisdiction and dismissed the case. 8 They then appealed it to the Fourth Court. 9 Again, the Fourth Court looked at it and said she's an 10 employee, she at least gets to go to court and make her 11 argument that you all might have the power to reinstate 12 someone to an eliminated position. They made no ruling, they 13 made nothing to say yes, you can do that. No court has yet 14 said you can do that. They simply said she gets her chance to 15 go argue that in front of the District Court. So they sent it 16 back down to the District Court. 17 It got back down to the District Court, and one 18 thing Ms. Lopez left out was that Ms. Guerrero then filed a 19 Motion for Summary Judgment asking Judge Sakai for all the 20 relief he's asking you to provide. Judge Sakai, reading all 21 the arguments they made, including 7.6.14, including the 22 argument that you had the power to reinstate her, and they 23 asked the judge to do what you didn't do. Judge Sakai 24 explicitly denied all that relief. He did not find that he 25 could put her in a position that the County Commissioners TR-0173 18 1 hadn't created. He didn't find you could do it. He found 2 that your ruling would stand, because he's not going to go 3 with what she wants. And he had it stamped. 4 Again, they weren't satisfied because again 5 nobody had said you can do anything to help her to pur her in 6 a position, because only County Commissioners can do that. 7 Unsatisfied with that, they went back to Judge 8 Sakai and said give us one more bite at the apple, please. 9 Here's our last resort. Our last remedy is we can find this 10 obscure provision, and we can tell you we have material 11 evidence, and let us go back to Commissioners Court. Well, 12 being a judge, he didn't judge. He said all right, I'll just 13 send you back and you all can just keep doing this and don't 14 make me decide. You all go decide and have the Commissioners 15 hear some more evidence. And if they're convinced that they 16 can do what many, many courts have said they can't do, and 17 that's create a position that only County Commissioners can 18 create, let them find evidence they can do that, find support 19 in the law. And if they feel they need to change their 20 original order -- which every court that's looked at it has 21 said your original order was fine -- then we're going to give 22 them one more chance to do that. And he didn't indicate 23 either way whether you should or you shouldn't; he just said 24 you-all go back and talk to them and see what they say. 25 So when he sends you back under the rule that TR-0174 19 1 was on the wall, which is the one that has the rehearing, and 2 it states that you may change your decision, you may have 3 additional evidence; it likewise means that you don't have to 4 do anything. You don't have to change your ruling. You can 5 stand by your ruling. 6 And the rest of this brief talks about why you 7 can't order her into a position that the Commissioners Court 8 eliminated, and in case after case after case citing how only 9 the Commissioners Court can create or eliminate positions. 10 And you can't do it, and a court can't do it. Only the 11 five -- four Commissioners and County Judge Nelson Wolff can 12 do it. And they have the full prerogative to do it in any 13 budget year they want, and that's what they did in this year. 14 There were six -- fifteen or sixteen frozen 15 positions. The only one -- none of them were filled at the 16 time they were eliminated. The whole County was going through 17 a recession. Every department where a position was empty 18 became frozen. And that frozen position was then eliminated 19 if possible because the County needed to save money. It was 20 during the worst time in this County in many years. This was 21 one of the positions they eliminated. Had she been in the 22 position, they simply would have eliminated it and she 23 wouldn't have been there. She would have just had no job. 24 Instead she has a job at the County because of your decision 25 to keep her in that position. TR-0175 20 1 So even if she goes back to her old job and you 2 order it created and we get down the road in a couple of years 3 and some court finally says yes, all this law from all these 4 years way, way back is wrong, and Civil Service can override 5 County Commissioners and you can order her back to that 6 position, the next day the County Commissioners could say that 7 we don't need that position. We haven't needed it for all 8 these years. It's eliminated. We don't need it in the County 9 Budget. 10 And that's why the County controls the budget. 11 They need to make those decisions as to how many bodies we 12 need, how much money we have, and what we're going to do with 13 it. And that's what this case law says throughout the end of 14 this brief. That's the only people that can make that 15 decision. So no matter what is put on here, it shouldn't 16 change your decision in the end that you provided all the 17 relief that you had the authority to provide. 18 If she want to get to a court and some court 19 says you're wrong, I'm wrong, and 100 years of cases are 20 wrong, then let's do that. But I still find no authority and 21 they cannot present to you any authority that you have the 22 authority to do anything more than you did in your original 23 hearing. 24 And the fact that we're back here doesn't mean 25 any judge thought your original order was wrong. If a judge TR-0176 21 1 did, he could have ruled himself. They don't have to send it 2 back here. Judge Sakai could have ruled on their Summary 3 Judgment and given them all the relief they asked there that 4 they now ask here. He looked at it and he said no, I'm not 5 giving you that relief. All I'm giving you is another bite at 6 the apple to go back to the Civil Service. 7 So we feel that no matter what evidence is 8 presented in good faith, bad faith, it doesn't change the fact 9 that you can't order the Commissioners to create a position 10 out of their budget, and your original order should stand. 11 And then this matter will go back to court and we'll see where 12 it goes from there. 13 But I think it would be strange for this 14 Commission to all of a sudden start changing budgets around. 15 Because each year the Commissioners Court would then be 16 forced, knowing that if you eliminate positions, then every 17 Civil Service employee that doesn't like what we've done is 18 going to run over here you say you did it in one case; just 19 order them to put me back to work. You have the authority. 20 You now control the County manning powers. And you've taken 21 that position from the County Commissioners. We're going to 22 end all up in a big fight over your authority and their 23 authority, and there has been plenty of case law that says you 24 don't have that authority and no District Court has that 25 authority. TR-0177 22 1 And I think you understood your restraints on 2 that in the first place. I know Ms. Carmella understood that; 3 she testified to it. And so we would ask at the end of the 4 day, no matter what testimony you hear, to uphold your 5 original finding. And we'll send the finding back to the 6 District Court. And if the District Court wants to change the 7 law, let them do it. But I don't think we should start 8 changing law at a Civil Service level. We would ask that you 9 uphold your original hearing and that you should make no 10 changes to your original order. 11 CHAIRPERSON ELLIOTT: Thank you, Mr. Brown. 12 Now, did you want to -- do you have any 13 witnesses? Does the County have any that they wanted to ... 14 MR. BROWN: I think the way this has to work is 15 they go first, because they've come back as the plaintiff to 16 put on more evidence. 17 CHAIRPERSON ELLIOTT: Okay. 18 MR. BROWN: Because I think you have the burden 19 on it, and now that we're back here, it's not an original 20 hearing. 21 MR. LOPEZ: I was not -- I was not anticipating 22 that the County would be calling their own witnesses, but. 23 MR. BROWN: We'd only call witnesses to rebut. 24 CHAIRPERSON ELLIOTT: That rebuttal. 25 MR. LOPEZ: I want to make a quick rebuttal, TR-0178 23 1 because what Mr. Brown is doing -- and he's tried to do this 2 at every hearing -- he's trying to suggest that you are 3 ordering the creation of a job. That's not what you're doing, 4 and that's not what we're asking you to do. We're not asking 5 you to create a new job in the budget for Ms. Guerrero. All 6 we're asking you to do is to follow your own rules that say 7 should the office or department refuse to reinstate the 8 employee, under that rule if you reinstated her, she goes 9 back, she gets her briefcase, she goes up to Ms. Mares and 10 says Ms. Mares, the Commissioners at Civil Service Commission 11 gave me my job back so I'm here to start working. Ms. Mares 12 is going to say your job is deleted, and she can refuse to put 13 her back in her job because it has been deleted. But even if 14 she does, she's still entitled to her full salary just as she 15 had never been demoted. 16 So we're not asking you to play Judge Wolff or 17 County Commissioner Wolff and, you know, create a budget, make 18 a budget, make a job, any of the things that Mr. Brown said. 19 We're not asking you to do anything like that. All we're 20 saying is look at the evidence. Was she entitled to 21 reinstatement, not counting -- it doesn't matter about the 22 deletion of a position -- was she entitled to be reinstated? 23 You already said that. You said yes. Because 24 you said that she was not -- she was not warranted a demotion. 25 She should not have been demoted. So you've said already on TR-0179 24 1 your own words she should be reinstated. And if she can't be 2 reinstated because her job has been deleted, she still gets 3 her money. That's your rule. That's what you-all are here to 4 do. But we're not asking you to go up there and make a 5 multimillion dollar budget and, you know, do all the things 6 that Mr. Brown says about creating a job. We're not asking 7 for any of that. 8 Madam Elliott, we call Hank Flores -- Henry 9 Flores -- Henry Reyes. I'm sorry. 10 CHAIRPERSON ELLIOTT: Okay. Mr. Reyes? 11 Hello. Good morning. 12 MR. REYES: Good morning. 13 MR. LOPEZ: May I proceed? 14 CHAIRPERSON ELLIOTT: Yes, please. 15 HENRY FLORES, 16 having been sworn to tell the truth, testified as follows: 17 DIRECT EXAMINATION BY PLAINTIFF 18 BY MR. LOPEZ: 19 Q Can you please state your name for the record, sir? 20 A For the record my name is Hank Reyes. 21 Q And you're also known as Henry Reyes? 22 A I am. 23 Q Can you tell the Commissioners what your job is now? 24 A I am the director of finance with the Fiesta 25 Commission. TR-0180 25 1 Q And before you were the director of finance for the 2 Fiesta Commission, what was your job? 3 A I was the budget director for Bexar County. 4 Q Can you explain to the Commissioners, Mr. Reyes, 5 what your job responsibilities and duties were as the budget 6 director for the County? 7 A In a nutshell, it was putting together a $1.6 8 billion budget for the entire County. It was looking at 9 program changes, doing analyses, projecting how much that we 10 anticipate spending for current fiscal years and projecting 11 forward fiscal years, not only for operating budgets but as 12 debt service as well. 13 Q And how would you go about putting together a 14 budget? 15 A It was a bottom up process to an extent. But we 16 would get feedback from all of the offices and departments. 17 We would ask them what their needs were, and we do evaluations 18 on those. 19 Q And would that entail meeting with department heads 20 and personnel? 21 A Extensively, yes. 22 Q And what portions of the budget were you responsible 23 for? 24 A All of them. 25 Q The entire budget? TR-0181 26 1 A Yes. 2 Q And so you would have been responsible for compiling 3 and formulating the budget for the IT Department? 4 A Yes. 5 Q Which we have referred in this hearing as BCIT, 6 Bexar County Information -- 7 A That's correct. 8 Q And did you have discussions -- who did you discuss 9 the budget while you were working as the budget director with 10 IT? 11 A Primarily I would have discussions not only with the 12 executive director for BCIT, with any of their managers, as 13 well as with my budget analysts and ultimately with the County 14 Manager. 15 Q Now, you're the budget director or you were the 16 budget director. Did you have a staff of your own? 17 A Yes. 18 Q And how many staffers did you have? 19 A Approximately six budget analysts. 20 Q And your team was responsible for doing the entire 21 budget, right? 22 A Correct. 23 Q And who did you answer to at the County? 24 A The County Manager. 25 Q And who is that? TR-0182 27 1 A David Smith. 2 Q So while you were with the County, you answered to 3 David Smith which was the County Manager? 4 A Yes. 5 Q Okay. I want to take you to a time during the 2011 6 budget period. Do you remember that time? 7 A Yes. 8 Q Okay. Do you remember giving my office a statement, 9 Mr. Reyes, which I've identified as Exhibit Number 7? 10 A I do. 11 Q And is that your signature -- 12 A It is. 13 Q -- on page two? 14 A It is. 15 Q And it's a notarized affidavit? 16 A It is. 17 Q And in your affidavit -- well, tell the 18 Commissioners, in the affidavit you just testified to exactly 19 your responsibilities that you did in your affidavit, right? 20 A That's correct. 21 Q And you also have -- in paragraph number four you 22 have described the 2011 budget process? 23 A Yes, I have. 24 Q Okay. And then in paragraphs five, six and seven 25 you discuss certain portions of the facts that happened during TR-0183 28 1 that time as related to IT and Ms. Guerrero, right? 2 A That is correct. 3 Q Okay. Tell the Commission -- 4 MR. BROWN: Commissioners, at this point I'm 5 going to object to that affidavit. The way I read it -- and 6 he can correct me if I'm wrong -- he wasn't involved in the 7 conversations he referred to in the affidavit. It was relayed 8 to him by someone else. What you have is hearsay, which is 9 inadmissible in these hearings. He has no firsthand knowledge 10 of what he's purportedly telling you there. 11 CHAIRPERSON ELLIOTT: How do you respond to 12 that, Mr. Lopez? 13 MR. LOPEZ: I would respond, if you will allow 14 me just a few more questions, he does have personal knowledge 15 and it is not hearsay. And I can clear that up if it is a 16 question. 17 CHAIRPERSON ELLIOTT: We'll allow it for right 18 now. 19 MR. LOPEZ: Okay. 20 CHAIRPERSON ELLIOTT: See if it's hearsay or 21 not. 22 Q (By Mr. Lopez) Mr. Reyes, tell the Commissioners 23 the communications that you had concerning the IT Department 24 in 2011 as it relates to Ms. Guerrero's E11 position. 25 A It came specifically from David Smith where he's TR-0184 29 1 declared that he had discussions with Ms. Mares about this 2 issue of whether he was in error in what he was telling me. I 3 don't feel that it's -- it's relevant, because I was given 4 directions regarding Ms. Guerrero's position. 5 Q Let's be a little more specific, Mr. Reyes. Tell 6 the Commissioners what Mr. Smith told you about her position 7 and how he went about doing it. 8 A It had become an issue with the County and with BCIT 9 specifically. And one of the easiest ways to rectify the 10 issue was to eliminate the position. 11 Q And by issue, you mean that Mr. Smith told you that 12 there was a problem at BCIT with Ms. Guerrero and Ms. Mares? 13 A Correct. 14 Q Now, you heard Mr. Brown testify that you did -- 15 that this is hearsay. You met with Mr. Smith, right? 16 A That's right. 17 Q In his office? 18 A That's correct. 19 Q And during that meeting while you were putting the 20 budget together, he told you we've got a problem with 21 Ms. Guerrero? 22 A That's his direction. 23 Q And that he told you to do what? 24 A Eliminate the position. 25 Q Now, did he tell you to eliminate Ms. Guerrero's TR-0185 30 1 position because he thought that Ms. Guerrero wasn't doing a 2 good job? 3 A No. 4 Q Did he give you any reason that that position should 5 be eliminated? 6 A Other than it had become an issue for BCIT. 7 Q But in terms of did he say hey, we need to save some 8 money, so that's why we need to get rid of it? Was there 9 anything budgetary about his meeting and discussions with you? 10 A It affected the County Budget. 11 Q Okay. But in terms of, you know, he didn't give you 12 any other legitimate reasons of why he should have that 13 position eliminated, right? 14 A If you're asking whether it was an efficiency issue, 15 whether it was a cost saving issue, no. 16 Q It was simply because she had become a problem? 17 A Yes. 18 Q And did you understand that problem to be because 19 she had her appeal ongoing here? 20 A I understood that problem to be because she and 21 Ms. Mares had a falling out. 22 Q And at the time when you gave this affidavit and at 23 the time in 2011, you were fully aware that she was appealing 24 her demotion, right? 25 A Yes. TR-0186 31 1 Q And that based on orders that you got, you helped 2 the County eliminate her position, right? 3 A Yes. 4 Q With no questions asked, you did that, right? 5 A Yes. 6 Q And in your affidavit where you say that 7 Ms. Guerrero had become a problem and they wanted to get rid 8 of it, that's the exact testimony that you're giving the 9 Commission? 10 A Yes, it is. 11 Q Based on a conversation with David Smith, your boss, 12 right? 13 A Yes. 14 Q Who was the County Manager at the time, right? 15 A Yes. 16 Q And oversaw the entire County, correct? 17 A Yes. Well ... 18 Q Pardon me? 19 A He oversaw the departments under the purview of 20 Commissioners Court. 21 Q Okay. Mr. Reyes, one of the things that the County 22 has been trying to say is we eliminated Ms. Guerrero's 23 position and we eliminated a bunch of other positions too. We 24 weren't singling out Ms. Guerrero. We've had that discussion, 25 right? TR-0187 32 1 A Yes, sir. 2 Q That we were getting rid of 16 or 17 other 3 positions, right? 4 A Correct. 5 Q I'm going to show you what we've marked as Exhibit 6 Number 8. Do you recognize Exhibit Number 8? 7 A Yes, I do. 8 Q What is Exhibit Number 8? 9 A It is the information technology section of the 10 effective budget. 11 Q Is that your handiwork? 12 A Yes, it is. 13 Q That's the documents that you would put together to 14 form the budget? 15 A Yes, it is. 16 Q And, in fact, can you tell the Commissioners whether 17 that's a true and correct copy of the IT budget for budget 18 year 2011? 19 A It is. 20 Q Okay. 21 MR. LOPEZ: I move for the introduction of 22 Number 8 so that I can show it on the screen. 23 Q (By Mr. Lopez) So this is the IT budget, correct? 24 A It is. 25 Q Okay. Now, we've got some mission statements and TR-0188 33 1 things that don't relate to numbers, right? 2 A Correct. 3 Q Okay. But if we go down to the bottom of the second 4 page -- I'm sorry, the bottom of the fourth page, what is -- 5 for the Commissioners -- what is program change number three? 6 What are we doing here? 7 A We are eliminating positions. 8 Q Okay. So when the County says hey, we eliminated 9 Ms. Guerrero's position with a bunch of others, right, this is 10 the part -- the portion of the budget that they're talking 11 about, right? 12 A Yes, it is. 13 Q And it goes for two pages here? 14 A Yes, it does. 15 Q Okay. Now, for the Commission's sake here, tell us 16 here what these numbers mean. Like it says here the deletion 17 of 16 positions for a total general fund savings of 559,043 18 bucks, right? 19 A Yes. 20 Q Okay. Now, there's a list of all the positions that 21 were deleted, right? 22 A Correct. 23 Q Now, the County has suggested that a bunch of other 24 people had lost their job just like Ms. Guerrero, that 15 25 other positions and jobs were lost with hers. Because TR-0189 34 1 that's -- that's what it says, right, 16 positions are 2 deleted, right? 3 A 16 positions are deleted. 4 Q So if I read that, I'm thinking that could be 16 5 people that are out of a job, right? That's one way of 6 looking at it, right? 7 A Yes. 8 Q That's not true though, right? 9 A No. 10 Q It's not true because tell us what the number under 11 the position means? 12 A Each position within the Bexar County system is 13 issued a number. Each position is unique with that specific 14 number so that we can identify whether a position is 15 eligible -- eligible to be filled. 16 Q And then we have a position title that just tells us 17 what that person does, right? 18 A Yes. 19 Q Now, most important, tell us what these numbers are 20 here in the budget, FRO 0511. 21 A Those indicate that those positions were vacant and 22 frozen, not eligible to be filled but not yet eliminated. 23 Q So just to be real simple, was there a living body 24 in any position that says frozen? 25 A No. TR-0190 35 1 Q So if there is a designation that says frozen, there 2 was nobody there, right? 3 A Correct. 4 Q So Analyst Programmer One, nobody in it, right? 5 A No. 6 Q Nobody in Analyst Programmer Two, right? 7 A No. 8 Q If I just went straight down every one of these, 9 there was not a person in the job, right? 10 A Frozen positions are vacant. 11 Q Let's look at the very top one up here, IT services 12 manager; who is that -- who was that? 13 A It was Ms. Guerrero. 14 Q Okay. So her job gets eliminated through this 15 budget action, right? 16 A Correct. 17 Q She was the only one that had any rights in that 18 job, right? 19 A Yes. 20 Q Because she had filed an appeal, correct? 21 A Yes. 22 Q And she was waiting to get before the Commissioners 23 to give her the evi -- give them the evidence, right? 24 A Correct. 25 Q And so would you agree with me that it is untrue TR-0191 36 1 that her job was eliminated as a regular course in regular 2 reduction in force, right? 3 A That's true. 4 Q That with your help with David Smith, you-all 5 eliminated a problem for BCIT by getting rid of her because 6 they didn't want her back because of her appeal here, right? 7 A That's correct. 8 Q Now, Mr. Reyes, how long were you in the budget 9 office? 10 A I was in the budget office over 15 years. 11 Q And so how long were you the budget director? 12 A I was the budget director for at least seven of 13 those years. 14 Q Now, would you agree with me that the County has had 15 situations like Ms. Guerrero's in the past, right? 16 A Yes. 17 Q Where the County has moved employees or transferred 18 them, right? 19 A Yes. 20 Q For being disgruntled or being demoted or being 21 promoted, right? 22 A Yes. 23 Q That with 4,000 employees at the County, these 24 things happen and the County has the power to make it right, 25 correct? Yes or no. TR-0192 37 1 A Yes. 2 Q Okay. In your -- in your job as the budget 3 director, have you seen instances where somebody in 4 Ms. Guerrero's position, you know, has been afforded an 5 accommodation, you know, even when positions have been 6 deleted, right? 7 A Correct. 8 Q And how is that handled at the County? 9 A The first stroke of a pen. It is under Mr. Smith's 10 purview to create positions. 11 Q For instance, do you know who Elva Abundis is? 12 A I do. 13 Q She used to work for the Bexar County District 14 Clerk, right? 15 A Correct. 16 Q And when Mrs. Montemayor was no longer in office and 17 the new District Clerk came in, can you tell the Commissioners 18 what happened? 19 A She was demoted. 20 Q Okay. But she had Civil Service rights, correct? 21 A Correct. 22 Q And so in the budget office there was an 23 accommodation made, correct? 24 A The accommodation for her was to allow her to keep 25 her pay. TR-0193 38 1 Q So you're saying that with Ms. Abundis' case, she 2 was an E11 before she got demoted by the new District Clerk, 3 right? 4 A Correct. 5 Q So they demoted her down to an E1, right? 6 A I believe so. 7 Q Was she paid as an E1? 8 A No. 9 Q She was paid at her E11 position, right? 10 A Correct. 11 Q Okay. Are there any other situations like 12 Ms. Abundis' and Ms. Guerrero's that you remember the 13 County -- 14 A I -- I do know of several instances where the 15 executive director or the powers that be no longer got along 16 with certain employees, so they were moved and afforded 17 another position. 18 Q Now, when Mr. Brown suggested to the Commission that 19 jobs just can't be created, that the Commissioners Court are 20 the only ones that can do that; is that true? 21 A Mr. Smith can create positions. It is up to 22 Commissioners Court to approve those positions. 23 Q Okay. So it's not really the Commissioners Court 24 that's creating this job; it's -- 25 A Correct. TR-0194 39 1 Q There's a structure by which these jobs can be made, 2 right? 3 A Yes. 4 Q And that allowances be made for their salaries, 5 right? 6 A Correct. 7 Q And the transfers that we're talking about, right? 8 A Yes. 9 Q Does the name Brian Menges come to -- ring a bell? 10 A Yes. 11 Q Tell the Commissioners what happened to him. 12 A He was in pretrial services. There was an issue 13 that he fell into in pretrial services. So he was allowed to 14 retire from the County. However, a position was created by 15 the County in resource management for him the position. 16 Q So he was in a similar spot; they treated him 17 differently than they treated Ms. Guerrero, right? 18 A Correct. 19 Q What about Bob Hampel; is that one that rings a 20 bell? 21 A Yes. 22 Q Tell the Commissioners what happened to him. 23 A He was moved to BCIT. 24 Q Why? 25 A There was an issue between him and Mr. Smith. TR-0195 40 1 Q And so he was just moved in the -- in the BCIT 2 under -- under maybe even an accommodation that we're asking 3 for for Ms. Guerrero, right? 4 A Yes, sir. 5 Q Who is Seth Mitchell? 6 A He formerly worked for the County Judge in Civil. 7 Q What happened to him? 8 A There was an issue in Commissioners Court, so he was 9 moved. 10 Q Just with the stroke of a pen like you're talking 11 about? 12 A Yes, sir. 13 Q So you're telling these Commissioners that they have 14 the power, the County has the power to be able to reinstate 15 her to her former salary, correct? 16 A Yes. 17 Q That all they have to do is reinstate her and the 18 County has the ability to do it even without the Commissioners 19 Court making a new job, right? 20 A Correct. 21 Q I'm going to go back to our policy here, Mr. Reyes. 22 Under number 17 it says: Should the office or department 23 refuse to reinstate the employee as ordered by the Commission, 24 the employee shall be entitled to their full salary just as if 25 they had been reinstated as ordered, right? Did I read that TR-0196 41 1 correctly? 2 A (No audible response). 3 Q Now, that's the -- that's the basis of some of the 4 testimony that you've been providing the Commissioners, right? 5 A That is an adopted policy, yes. 6 Q That says that if they don't take her back for any 7 reason, if the position has been deleted, she still gets the 8 money that she should have been making, right? 9 A Right. 10 Q And that's precisely what we're talking about in 11 number 17, right? 12 A It is. 13 Q And that's a County policy while you were with the 14 County, right? 15 A It is. 16 Q One that you had to use in the budget to accommodate 17 for these types of situations, right? 18 A It is. 19 MR. LOPEZ: Madam Elliott, I pass the witness. 20 CHAIRPERSON ELLIOTT: Mr. Brown, do you have 21 questions? 22 CROSS EXAMINATION BY DEFENDANT 23 BY MR. BROWN: 24 Q In regards to the positions being frozen, the 25 implication is that Ms. Guerrero was in the position when it TR-0197 42 1 was frozen and then eliminated. She wasn't in that position, 2 was she? 3 A She was not. 4 Q So no one was in that position when it was -- 5 A (Inaudible). 6 Q May I finish? 7 A Please. 8 Q No one was in that position when it was eliminated, 9 correct? 10 A Correct. 11 Q So along with the others, it was eliminated the 12 exact same way the other 15 or 16 were eliminated, an empty 13 position was eliminated in the budget process, correct? 14 A According to the budget book, yes. 15 Q And you stated that the Commissioners have the final 16 say on approving or disapproving a position, creation of a 17 position, right, or the elimination? 18 A Correct. 19 Q So David Smith can do whatever he wants -- 20 A Yes. 21 Q -- come up with a plan and bring it to the 22 Commissioners, and they have to say yes or no, correct? 23 A They do. 24 Q So in the end it is only the Commissioners that can 25 create or delete a position? TR-0198 43 1 A Ultimately. 2 Q Right. David Smith only makes suggestions, correct? 3 A Yes. 4 Q And in Elva's position do you know the facts behind 5 why she was -- a deal was given to Elva after she was demoted? 6 A No, I do not know -- do not know specifically why 7 she was demoted. I was just given my walking orders to make 8 it happen. 9 Q Do you know if the Civil Service ordered that she be 10 put back in -- 11 A I do not know. 12 Q -- in the other position? 13 A I do not know. 14 Q So do you know if the Civil Service in that case had 15 the power or felt they had the power to order the 16 Commissioners to do something and ordered it? 17 A That would be speculation. 18 Q So you don't know that? 19 A I don't. 20 Q So you don't know if her position is at all similar 21 to Carmella Guerrero's situation? 22 A I do know that I was given orders just as in the 23 case of Carmella to make this happen. 24 Q And as far as you know or don't know, the 25 Commissioners may have been the ones to approve that, correct? TR-0199 44 1 A I don't know. 2 Q Not David Smith? 3 A From discussions with him, it would sound like it's 4 his idea, but again -- 5 Q But eventually approved by the Commissioners? 6 A Yes. 7 Q So, again, it has to be the Commissioners that make 8 the final decision? 9 A It would. 10 Q Now, as far as Brian Menges, do you know his 11 situation why he left the County? 12 A Yes. 13 Q What were those? 14 A He had a falling out with trial services. 15 Q What was the falling out? 16 A He was showing favoritism to a specific employee. 17 Q And had there been any allegations against him? 18 A No, sir. 19 Q No allegations? 20 A It was taken care of. 21 Q What does that mean? 22 A Just as in this situation, he was promptly moved -- 23 removed from that situation and another position was created 24 for him. 25 Q And did he -- does he, in fact, work for the County TR-0200 45 1 full time now? 2 A I do not know. I have not been with the County for 3 over a year. 4 Q So you don't know that he's a temp or a part-time 5 employee? 6 A I don't know. 7 Q Do you know if the Civil Service ordered him back to 8 the position that he had left? 9 A I do not know that. 10 Q All right. Seth Mitchell; what was his situation? 11 A There was an issue with him and one of the 12 Commissioners. 13 Q Was he Civil Service protected? 14 A No. 15 Q So Civil Service had nothing to do with his 16 reinstatement, correct? 17 A Not him. 18 Q So they didn't order the Commissioners Court to 19 create a position for him then, correct? 20 A No. That would have been David Smith. 21 Q So at the end of the day, all these people, none of 22 them came through Commissioners Court to have this done. 23 So in your experience, do you have anybody you can point to 24 where this Commissioners Court ordered a position created to 25 put someone in -- TR-0201 46 1 A Where this Commissioners Court? 2 Q I'm sorry. The Civil Service ordered the 3 Commissioners Court to put a position in a position [sic] and 4 the Commissioners Court created it based on an order of the 5 Civil Service? 6 A Not from the Civil Service, no. 7 Q Correct. Only Commissioners Court can do that? 8 A With the recommendation of David Smith. 9 Q Sure. They take recommendations from staff and they 10 say yea or nay, right? 11 A Correct. 12 Q Okay. And why did you leave the County? 13 A I was -- I no longer agreed with the direction that 14 the County was going in. 15 Q And did you have disagreements that had to do with 16 David Smith? 17 A Face to face, no. 18 Q Are they back to back? 19 A Back to back. He's not (inaudible). 20 Q You said face to face. I don't know, any way -- did 21 you have some kind of -- 22 A He never told me that I -- there was an issue with 23 my position. I never told him that there was an issue. 24 Q So you just had an issue with how the County was 25 being run? TR-0202 47 1 A Correct. 2 Q Nothing specific? 3 A Specifically the way he ran the County. 4 Q Okay. So you didn't like the way David Smith ran 5 the County? 6 A It wasn't the way that he ran the County; it was a 7 lot of these deals that were going on. 8 Q You didn't feel were on the up and up or what? 9 A No. 10 Q Okay. So you disapproved of David Smith's handling 11 of County matters? 12 A In certain circumstances, yes. 13 Q Okay. So you're not here as a big supporter of 14 David Smith, are you? 15 A I don't think that's of any relevance. 16 Q Relevant to your motives to testify today. 17 MR. BROWN: I don't have anything else. 18 MR. LOPEZ: I'll object to the side bar. 19 MR. BROWN: It wasn't a side bar. It was a 20 statement. 21 MR. LOPEZ: It wasn't a question. 22 MR. BROWN: Whatever you say. 23 MR. LOPEZ: I'll put my objection on the 24 record, Your Honor. 25 CHAIRPERSON ELLIOTT: Objection noted. TR-0203 48 1 MR. LOPEZ: I've just got a couple more. 2 CHAIRPERSON ELLIOTT: Any others, Mr. Brown? 3 MR. BROWN: No. 4 REDIRECT EXAMINATION BY PLAINTIFF 5 BY MR. LOPEZ: 6 Q Are you being honest today with the Commissioners? 7 A Absolutely. 8 Q So any disagreement you had with the direction of 9 the way the County was going, that's not affecting your -- 10 A It totally has nothing to do with why I'm here. 11 Q You're telling the truth -- 12 A I am currently the director of finance for the 13 Fiesta Commission. It's a really nice job. I have no 14 problems there or looking back on my past career, no issues. 15 Q Mr. Reyes, Mr. Clark asked you some questions about 16 these individual employees that we were talking about. You're 17 not suggesting to the Commission -- Commissioners that you 18 know everything about what their situation was, right? 19 A No. 20 Q You're basically just saying as the budget officer, 21 you had to make accommodations for them, right? 22 A I was given my marching orders and I followed 23 through. 24 Q Find a new spot, find money, get this person in 25 another job, right? TR-0204 49 1 A That's right. 2 MR. LOPEZ: I pass the witness, Your Honor. 3 CHAIRPERSON ELLIOTT: Anything further, 4 Mr. Brown? 5 MR. BROWN: Nothing here. 6 CHAIRPERSON ELLIOTT: Okay. Mr. Reyes, you are 7 excused. Thank you. 8 MR. LOPEZ: Ms. Guerrero calls Elva Abundis. 9 CHAIRPERSON ELLIOTT: Good morning. 10 MS. ABUNDIS: Good morning. 11 ELVA ABUNDIS, 12 having been sworn to tell the truth, testified as follows: 13 DIRECT EXAMINATION BY PLAINTIFF 14 BY MR. LOPEZ: 15 Q Can you state your name for the record, ma'am? 16 A Elva Abundis Esparza. 17 Q Can I call you Ms. Abundis? 18 A Yes. 19 Q Ms. Abundis, can you tell the Commissioners how 20 you're employed? 21 A I'm employed with the City of San Antonio for City 22 Councilwoman Shirley Gonzales, District 5. 23 Q At some point before you went to work with 24 Councilwoman Gonzales, did you work for the County? 25 A Yes. TR-0205 50 1 Q How long did you work for the County? 2 A 11 years. 3 Q And what was your -- what were your jobs with the 4 County? 5 A In 2003 when I came to the County, I was an aid to 6 the District Clerk. And then from there, I moved up to Chief 7 of Administration Public Information, and then to Chief 8 Deputy. 9 Q So you were the Chief Deputy for the District 10 Clerk's Office? 11 A For Margaret Montemayor. Former District Clerk, 12 Margaret Montemayor. 13 Q And so she was -- do you remember from what years 14 she was the -- 15 A From two thou -- January of 2003 to December 31st of 16 2010. 17 Q So from '03 to 2010 you worked for the District 18 Clerk's Office? 19 A Former District Clerk, Margaret Montemayor. 20 Q Okay. And for the last period of your time you were 21 the Chief Deputy? 22 A Aid to the District Clerk, and then Chief of 23 Administration, and then the Chief Deputy. In 2006 I think I 24 was promoted to Chief Deputy. 25 Q Chief Deputy, that's sounds real important. TR-0206 51 1 A It's the second in command to head up the 2 department. 3 Q So you were the highest ranking nonelected official 4 person in the District Clerk's Office? 5 A Yes. 6 Q So you answered only to Ms. Montemayor? 7 A Yes. 8 Q What happened in 2010? 9 A In November 2010 Ms. Montemayor lost her reelection. 10 And so in November of -- I think it was maybe at the end of 11 November, I didn't know if I was going to have a job or 12 anything. I had interviewed with the new District Clerk, 13 Donna Kay McKinney, and she said that she didn't know if she 14 was going to keep me. I did mention to her well, I'm 15 grandfathered in, so -- Civil Service protected grandfathered 16 in. And she says I know that, but I don't know if I'm going 17 to keep you. 18 And so I just went ahead and just started 19 making phone calls. Within just one day out of the blue -- 20 and I remember it was right before Christmas, I get a call 21 from Bob Hooper who was the Human Resources employee 22 representative. And he says Elva, I've known you for quite 23 some time, I have a working relationship with you, and I just 24 want to let you know what's going on. And I said what's going 25 on? And he said the Human Resources is trying to say that TR-0207 52 1 because they don't have an open position comparable to where 2 you're grandfathered in, they don't have to keep you. He says 3 I suggest that you get a lawyer. And I said why? He goes 4 because they're going to let you go. He goes I've already 5 told them that they can't do that to you, that your Civil 6 Service protected and they have to find a job comparable to 7 your position. And I said oh, wow. 8 So I went out and got a lawyer right away. And 9 he was able to save my job by talking to Ms. McKinney; 10 although, Ms. McKinney then took it upon herself and demoted 11 me to a 1. Although I was able to keep my salary, which was 12 my Civil Service protected salary of $61,500.00, she still 13 demoted me to a 1. And then she started me off as a Criminal 14 Court Clerk for nine months. And I did my job, I loved my 15 job. I came to work every day, never missed a day. 16 And then nine months after that, she moved me 17 to records department, and I was scanning files for a year and 18 a half. And I didn't mind doing that, because I loved my job 19 and I needed a job, and I was still getting paid the 20 $61,500.00. 21 And then January 7th of 2013 she moved me to 22 the warehouse. And I was climbing ladders, taking files down, 23 standing -- 24 Q Let me interrupt you for a quick second, 25 Ms. Abundis. TR-0208 53 1 A Uh-huh. 2 Q So that we're clear, you're saying that when you 3 were the Chief Deputy, what was your rank? 4 A I believe it was a -- 5 Q E11? 6 A -- E11 I believe. I'm not really sure. Yeah. 7 Q And you were making approximately what? 8 A $81,000.00. 9 Q And so you're telling the Commissioners that when 10 the new District Clerk came in, she said she didn't want to 11 keep you at this E11 anymore, right? 12 A Well, she didn't have to, because that -- that 13 position, it's mandatory. But -- it's mandated. I'm sorry. 14 But I was still supposed to stay, because I was grandfathered 15 in in my previous position as an E10. 16 Q Okay. So you're telling the Commissioners that you 17 were making $81,000.00 as an E11, second in command of the 18 entire District Clerk's Office, right? 19 A Yes. 20 Q And that as a result of your protections in your 21 Civil Service, they demoted you to a what? 22 A An E10. 23 Q I'm sorry. 24 A Oh, a nonexempt 1. 25 Q Okay. So you were doing E11 jobs, right? Or job TR-0209 54 1 responsibilities for -- 2 A Uh-huh. 3 Q -- Ms. Montemayor? 4 A Uh-huh. 5 Q And then for the new District Clerk she bumped you 6 all the way down to responsibilities of an E1, right? 7 A Right. 8 Q So that's what you're saying to the Commissioners 9 that you were scanning, you were climbing ladders, you were 10 doing -- 11 A Uh-huh. 12 Q -- you know, E1 work as opposed to E11 work, right? 13 A Right. Right. 14 Q The County, were they paying you under E1 money? 15 A No. They were paying me under E10 which was 16 $61,500. 17 Q So they paid -- even though you were doing E1 work, 18 you were getting E10 money, right? 19 A Yes. 20 Q And basically just like this policy that we're 21 talking about today, you were -- you were able to be paid just 22 as if you were still in your old job, right? 23 A Uh-huh. 24 Q Okay. 25 A My -- the -- not my old job, but the job that I was TR-0210 55 1 Civil Service protected. 2 Q So regardless in your situation with the County, you 3 were doing an E1 -- and not to slight an E1 job. You were 4 doing E1 work and being paid -- 5 A I was doing non -- nonexempt 1 work. 6 Q And so the County made that accommodation for you, 7 right? 8 A Yes. 9 Q Kept you at your promoted position even though you 10 were doing E1 work, right? 11 A Yes. 12 MR. LOPEZ: Madam Commissioner, I pass the 13 witness. 14 CROSS EXAMINATION BY DEFENDANT 15 BY MR. BROWN: 16 Q Elva. 17 A Yes. 18 Q May I call you Elva? 19 A Yes. 20 Q I've never called you anything else. 21 So you were -- at the time you were demoted, 22 you were working for a newly elected official. 23 A Yes. 24 Q Correct? And that elected official controls their 25 office, correct? TR-0211 56 1 A Yes. 2 Q So this doesn't come under David Smith's purview to 3 control that office? 4 A I -- not that I know. 5 Q I mean Ms. Montemayor controlled her office, her 6 personnel? 7 A Yes. 8 Q David Smith couldn't come in and say no, Margaret, 9 you're not doing that; you're doing this? 10 A Well, he could if he wanted to. It was up to 11 Mrs. Montemayor if she'd do it. 12 Q Right. She had the final say then? 13 A Yes. 14 Q Not David Smith? 15 A No. 16 Q And when you were -- 17 A She had the final say on her positions, her exempt 18 positions, but not her nonexempt positions. 19 Q Correct. And you were an exempt position? 20 A Uh-huh. 21 Q And so when you -- when a newly elected official 22 comes in, as commonly happens, they bring in a new Chief 23 Deputy and their higher staff, correct? 24 A Uh-huh. 25 Q Higher level. And that's what happened? TR-0212 57 1 A Uh-huh. 2 Q And you learned they were going to try to terminate 3 you; is that correct? 4 A Uh-huh. 5 Q And so you fought that. And how -- did you fight 6 that through Civil Service? 7 A I -- well, what happened was, yes, I did file a 8 grievance with Civil Service. But when Bob Hooper called me 9 and told me that for me to get an attorney because H.R. was 10 saying that -- not Civil Service. Civil Service was saying 11 that they had to keep me because I was grandfathered in. But 12 H.R. was saying that they didn't have to keep me, because 13 there was not a position comparable to my Civil Service 14 protected position of the E10. And so since they didn't have 15 one, that they were going to let me go. 16 And he suggested I get an attorney. And I said 17 okay. And so that's when I went and I -- I talked to my son 18 who was an attorney. And my son got me an attorney here in 19 San Antonio who's an attorney in Houston. And so they got me 20 an attorney, but the attorney, all he did was come and talk to 21 Ms. McKinney. And Ms. McKinney's reaction to that was oh, I 22 don't know what she's crying about. I have to keep her 23 anyway, because she's Civil Service protected. 24 But I never received the letters at all that 25 were saying that they were going to keep me. It wasn't until TR-0213 58 1 one day at Commissioners Court that Commissioner Rodriguez 2 comes out and asks -- and I believe you were there 3 Mr. Hampel -- he comes out and he asks Ms. McKinney because 4 Ms. McKinney was there doing a presentation. And when she 5 turned around he says oh, by the way, Ms. McKinney, I'd like 6 to know what's going to happen with Elva Abundis. And she 7 goes well, I don't know. It's -- it's up to H.R. Ask Bob 8 Hampel. And Mr. Hampel got up and he said well, I've been 9 trying to, you know, talk to you, Ms. McKinney, but you won't 10 talk to me. 11 Well, then Commissioner Rodriguez tells them I 12 want a letter sent to Elva by Friday letting her know her pay 13 and that -- what is she going to be doing. And so I received 14 my letter that I was going to be earning $61,500.00. They 15 didn't tell me what I was going to be doing. And then 16 Ms. McKinney, the following week, places me in the courts. 17 And -- and which that was an actual E4, but I had a position 18 number of an E1. 19 And I didn't mind. I had a job and I enjoyed 20 my job. And I enjoyed when they put me scanning. I enjoyed 21 when they sent me to the warehouse to work with all the men. 22 I was the only woman there. I had a job. 23 And on the day that I was fired, the minute 24 they left, I called Commissioner Rodriguez, and I said I was 25 fired. And he said yes, I was trying to get ahold of you, but TR-0214 59 1 I couldn't reach you because there's no phones. And when it 2 happened was on January 7 when I was placed in that position 3 at the warehouse. Ms. McKinney's staff came in and took all 4 the phones. No one was allowed to have a phone out there, 5 because they didn't want to have me having interaction with 6 anybody at the courthouse. 7 So we didn't have phones. So Commissioner 8 Rodriguez was not able to reach me to let -- to let me know 9 that I was being let go. And then he said I wanted to call 10 you and tell you that you were going to be let go, because 11 Commissioner Wolff -- I ran into Commissioner Wolff, yes, last 12 night, and he said they're going to let go of Elva, because 13 Ms. McKinney says Elva is campaigning against her, which was 14 not true. I would still be working there under her, and I 15 would have been loyal to her just like I was loyal to 16 Ms. Montemayor for eight years. Whether she had me as a 1, a 17 2, a 3, a 3, I was doing my job. I loved my job, and ... 18 Q You hadn't decided to run against her at this -- 19 A No. I -- 20 Q -- point? 21 A No. At that point, no. I would have never run 22 against her. And I had even told Ms. McKinney I don't want 23 you to feel that I'm going to run against you. I'll never run 24 against you. I love my job. 25 Q So did the Commission, Civil Service Commission ever TR-0215 60 1 get involved in your case and order anything? 2 A No, never. Because I filed my grievance which till 3 today hasn't been heard. 4 Q Okay. But your original. Not -- your grievance 5 about getting terminated; is that what you're talking about? 6 A Uh-huh. 7 Q Okay. The original position of moving you out of 8 your Chief Deputy position to a clerk position, that never 9 came through Civil Service, right? 10 A No, because -- 11 Q Civil Service never ordered the Commissioners to do 12 anything on your behalf? 13 A No, because it was resolved in Commissioners Court 14 by Commissioner Rodriguez. 15 Q By one Commissioner? 16 A Uh-huh. 17 Q Correct? 18 A Uh-huh. 19 Q Not by a vote of all five Commissioners? 20 A Huh-uh. 21 Q And when you were let go, your position was 22 eliminated, correct? 23 A Right. 24 Q So you were let go because your position was 25 deleted? TR-0216 61 1 A Well, okay. Well, and you got to remember I was the 2 Chief Deputy, so I know the -- the ropes around. And when I 3 was placed in that position, Ms. McKinney eliminated all the 4 civil assignment clerks positions which were E1s. They kept 5 one open, one position open. And they stuck me in their one 6 position. So I knew eventually I was going to be let go. 7 Because there was -- out of those 11 civil assignment clerk 8 positions that we had, they only kept one open, because they 9 needed a position number to stick me in, and they stick me in 10 that position number. Even though I didn't work as a civil 11 assignment clerk; I worked as a Criminal Court Clerk, I worked 12 as a scanning clerk, they moved me around. 13 And like I said I didn't care. I loved my job. 14 I had a paycheck. 15 Q Okay. Technically, you lost your job due to the 16 elimination -- 17 A Right. 18 Q -- of the position, correct? 19 A Exactly. Because they eliminated that position 20 years before. They eliminated it in 2011. But in 2013 they 21 chose to now eliminate the last position number 1. 22 Q And was that through the budget process? 23 A No. 24 Q How was that done? 25 A I -- it was just done on March 15th, because she got TR-0217 62 1 wind that I was campaigning against her. That's -- that's the 2 excuse she used. She -- she told Kevin Wolff, Commissioner 3 Kevin Wolff that they were going to let me go because I was 4 campaigning against her. And which was not true. I would 5 have never run against her. I would have -- I loved my job. 6 And I respected her. 7 Every time she moved me, I never complained. I 8 did my work, I came to work on time, and I even excelled. I 9 was the employee that was always getting certificates for best 10 scanner, best everything. 11 Q And in your job as Chief Deputy when the budget 12 would come up, you would submit creations or eliminations of 13 positions to the County, correct? 14 A In the eight years that I was there at the District 15 Clerk's Office, we only eliminated one position the entire 16 eight years. And that was the administrative aid only because 17 Ms. Montemayor had promoted me to Chief of Administration. In 18 the eight years that I was there, we never fired other than 19 for cause. And I can honestly tell you the eight years we 20 might have filed maybe -- fired maybe five -- five, six 21 employees, and it was for good cause. 22 Q And if you needed to create a position or delete a 23 position, whether you did or not, your knowledge would be that 24 you would submit that in the budget process, correct? 25 A Yes. TR-0218 63 1 Q And the Commissioners would decide whether to 2 approve that? 3 A Yes. But mine was never -- because my position -- 4 Q I know. Not your -- 5 A -- was done -- 6 Q -- position. 7 A -- in the middle of -- of a budget. And when I 8 called over here to Civil Service, Andrea San Miguel told me 9 they can't -- when I told her that they had let me go -- she 10 said they can't do that. We're -- we're not in the budget. I 11 said well, they did it. 12 Q Okay. Now, your situation was different than 13 Ms. Guerrero's? 14 A I don't know Mrs. Guerrero's situation. I just -- I 15 know a little bit of it. But I -- I can't say that hers is no 16 different than mine. We were both terminated. 17 Q Technically she's never been terminated. 18 A Okay. Well, I -- 19 Q You were ter -- you were eliminated -- 20 A Eliminated. 21 Q -- during the budget process? 22 A Because of a budget process of which of a position 23 that had been eliminated since 2011, but they only kept one 24 position open, because they needed that position number to 25 stick me into. So I knew when I saw the budget -- because the TR-0219 64 1 budget is public information -- and I saw that I was the only 2 one civil criminal assignment clerk, I knew one day I was 3 going to be fired. And the day came March 15, 2013. 4 Q Okay. 5 MR. BROWN: That's all I have. 6 MR. LOPEZ: Just a couple quick questions, 7 Ms. Elliott. 8 REDIRECT EXAMINATION BY PLAINTIFF 9 BY MR. LOPEZ: 10 Q Mr. Clark asked you about your situation versus 11 Ms. Guerrero's situation. All we're trying to figure out for 12 the Commissioners is that there was a time you were making 13 $81,000.00 as the Chief Deputy, right? 14 A Yes. 15 Q And that you were going to get demoted or your job 16 may have been in jeopardy, correct? 17 A Right. 18 Q But then they put you in an E1 job, right? 19 A An E1. 20 Q And E1. And then they -- even though you were doing 21 reduced activities at that lower level, you were still getting 22 the E11 money, right? 23 A The E10. 24 Q The E10 money, right? 25 A $61,500.00. TR-0220 65 1 Q You were getting much more than what an E1 was -- 2 A Oh, yeah. 3 Q -- was getting, right? 4 A An E1, yes. 5 MR. LOPEZ: Nothing further. 6 RECROSS EXAMINATION BY DEFENDANT 7 BY MR. BROWN: 8 Q Now, you were not paid pursuant to an order of the 9 Civil Service, correct? 10 A No. 11 Q You were paid under a Human Resources rule or a 12 Civil Service rule, correct? 13 A A Civil Service rule. 14 Q Not this rule? 15 A I don't know about that rule. 16 Q This rule relates to when they order something. 17 They never ordered anything on your behalf, correct? 18 A No, I -- I never ... 19 Q So the payment you got wasn't as a result of a 20 ruling under this provision by this Civil Service, right? 21 A No. 22 MR. BROWN: Thank you. 23 MR. LOPEZ: Nothing further. 24 CHAIRPERSON ELLIOTT: Ms. Abundis, Thank you -- 25 MS. ABUNDIS: You're welcome. TR-0221 66 1 CHAIRPERSON ELLIOTT: -- very much. 2 At this time it is 10:13. We will recess. 3 Let's come back right at 10:30. Okay. Thank you. 4 (Brief recess). 5 CHAIRPERSON ELLIOTT: Okay. The time is 10:30 6 and the Commission meeting is reconvened. 7 Mr. Lopez? 8 MR. LOPEZ: Yes, ma'am. Ms. Guerrero calls 9 Andrea San Miguel. 10 ANDREA SAN MIGUEL, 11 having been sworn to tell the truth, testified as follows: 12 DIRECT EXAMINATION BY PLAINTIFF 13 BY MR. LOPEZ: 14 Q Can you state your name for the record? 15 A Andrea San Miguel. 16 Q Ms. San Miguel, is this place familiar to you? 17 A Yes. It sure is. 18 Q Can you tell the Commissioners why? 19 A Because I was the -- I'm the retired Civil Service 20 Director. I worked here for 39 years and 3 months. I just 21 retired at the end of January of this year. 22 Q Ms. San Miguel, my mother would kill me if she heard 23 me trying to age you at all, but you've been here almost since 24 the Civil Service Commission was created, right? 25 A A little bit after it started. It started in 1971, TR-0222 67 1 and I started October 14th, 1974. 2 Q So almost through the entire life of the Bexar 3 County Civil Service Commission you've been work -- you worked 4 at the Commission up until now, right? 5 A Yes. 6 Q And what were your job responsibilities? 7 A I started as the secretary. And then I moved up to 8 what they called Chief Clerk, and then they changed the title 9 to Civil Service Director. And it was handling all the Civil 10 Service appeals and grievances for the Bexar County Civil 11 Service and also the Sheriff's Civil Service. I also did 12 recruitment, and I assisted employees and the departments on 13 the procedures for Civil Service hearings. 14 Q Now, Ms. San Miguel, other than the Commissioners, 15 with your last position were you the highest ranking official 16 at the Civil Service Commission? 17 A In the section -- in the section, yes. But there 18 was the H.R. Director and the H.R. Manager over the whole H.R. 19 department. 20 Q But for lack of better words, you ran the Civil 21 Service Commission, right? 22 A Yes. 23 Q As its Director? 24 A Yes. 25 Q You were responsible for handling or administrating TR-0223 68 1 hearings and grievances? 2 A That's correct. 3 Q And in that job did you become familiar with the 4 Commission's policies? 5 A Yes. 6 Q I'm going to show you what we've marked as Exhibit 7 Number 5. Can you tell the Commissioners what Exhibit Number 8 5 is? 9 A This is the Bexar County Civil Service Commission 10 Rules and Regulations, Policy 7.6.14, suspension, demotion or 11 termination appeal and hearing. And this was effective March 12 16th, 2007. These are the current rules on the -- the 13 Commission's policy on that. 14 Q Ms. San Miguel, you were the Director of the 15 Commission when Ms. Guerrero began her appeal here, right? 16 A That's correct. 17 Q And, in fact, you were the Director back on April 18 26th, 2012 when we had the hearing and trial where her 19 demotion was overturned, correct? 20 A Yes. 21 Q And Policy 7.6.14 is the policy that would be 22 applied and is binding on the Commissioners as well as 23 Ms. Guerrero, right? 24 A Yes. 25 Q Okay. And you're familiar with this policy, right? TR-0224 69 1 A Yes. 2 Q Now, am I correct in saying that this policy governs 3 the entire process by which someone can appeal their demotion, 4 right? 5 A Yes. 6 Q Now, if we look at number 16, it tells us that if an 7 executive session is held, the Commission shall reconvene an 8 open session and make a decision. Did I read that correctly? 9 A Yes. 10 Q That means that after the Commissioners hear the 11 evidence, they have the opportunity to go into executive 12 session and make a decision on this case, right? 13 A That's correct. 14 Q And the Commission or the Commissioners, they are -- 15 they're limited on the three things they can do, right? And 16 that's spelled out in the policy, right? 17 A Yes. 18 Q They can choose to deny the appeal, right? 19 A That's correct. 20 Q And so if they chose to deny the appeal, basically 21 they would be saying in Ms. Guerrero's case that the demotion 22 was warranted and that she should have been demoted, right? 23 A That's correct. 24 Q That's one of the things the Commissioners could 25 have done on April 26th. They didn't do that, right? TR-0225 70 1 A No. 2 Q They decided that the appeal of the demotion or the 3 department's decision on the demotion, what Ms. Mares did to 4 her, they didn't uphold that, right? 5 A That's correct. 6 Q Okay. The second thing they can do is they can 7 impose a lesser penalty, right? 8 A Yes. 9 Q That means, you know -- well, you're the former 10 Director. Tell them what that means. 11 A That means if -- if a person -- in this case if a 12 person is terminated, they can reduce that to a suspension or 13 demotion or reprimand or counseling. Anything lower than the 14 penalty that was imposed. 15 Q They didn't do that in Ms. Guerrero's case either, 16 right? 17 A No. 18 Q So the only other thing that the Commissioners could 19 do is to -- let's go to the next page here -- is to reverse 20 the discipline, right? 21 A They can overturn the disciplinary action, yes. 22 Q I'm calling it reverse, but overturn, right? 23 A Uh-huh. 24 Q And that's what they did in this case, right? 25 A That's correct. TR-0226 71 1 Q They -- they decided that the demotion was not 2 warranted, so they overturned her demotion, right? 3 A Yes. 4 Q Okay. Now, if we go to number 17, this policy 5 says -- and I've highlighted it -- it says: Should the office 6 or department refuse to reinstate the employee as ordered by 7 the Commission, the employee shall be entitled to their full 8 salary just as though they had been reinstated as ordered. 9 Did I read that correctly? 10 A Yes. 11 Q You're familiar with paragraph number 17, right? 12 A Yes. 13 Q Can you tell the Commissioners how it came to be 14 that number 17 became a part of Policy 7.6.14? 15 A This had been back from the seventies where we had 16 some of the elected officials at times when the Commission 17 would reinstate an employee and they refused to take the 18 employee back. And so the Commission adopted a policy, and it 19 was probably -- it also was from the previous Civil Service 20 Rules -- that if the elected official or department head 21 refused to take the employee back and the Commission had 22 ordered them reinstated, that they would have to pay that 23 employee even though they weren't -- they didn't want them at 24 the job. 25 Q Okay. So you're telling the Commissioners that TR-0227 72 1 number 17 was a safety provision for employees, right? 2 A Yes. 3 Q That it was a safety provision for these 4 Commissioners, right? 5 A Yes. 6 Q Basically you're telling the Commissioners that you 7 were a part of the process that put this rule into place. And 8 that the reason it was put into place was because 9 Commissioners like these respectful folks were issuing orders 10 of reinstatement, and elected officials, County Commissioners, 11 whomever they are, were saying we don't have to listen to you; 12 we're not going to reinstate them. Is that what you're 13 telling them? 14 A Yes. 15 Q So this rule was put in place so that these people 16 could have some power to govern over these types of 17 proceedings, right? 18 A Yes. 19 Q And so you're telling us if in Ms. Guerrero's case, 20 if they reinstated her and they issued her an order of 21 reinstatement, they signed it, said that she gets her back pay 22 and she gets reinstated, and Ms. Guerrero takes that to 23 Ms. Mares and Ms. Mares says I'm not going to take you back 24 because we deleted the position, what would happen under this 25 rule? TR-0228 73 1 A What the Commission ordered, they ordered her 2 reinstated, but they only ordered the reinstatement up through 3 when the position was deleted. 4 Q Let me rephrase my question, because I don't think I 5 asked it very well. 6 Under this policy, if the Commissioners 7 today -- today, not back in 2012 -- if today they issued an 8 order of reinstatement and that order was refused by BCIT, 9 what would happen under Policy 7.6.14? 10 A If it was refused, she would continue to get her 11 pay. 12 Q At her former position number before she was 13 demoted, correct? 14 A Right. 15 Q So based on this policy, the Commissioners have the 16 power to reinstate her, correct? 17 A (No audible response). 18 Q Or under Policy 7.6.14, they have the power to 19 reinstate her, right? 20 A Yes, they do. 21 Q And if that reinstatement is refused by Ms. Mares 22 because the position is deleted, she would still be entitled 23 to her back pay and her former salary even as if she was 24 ordered to be re -- or they took her back, right? 25 A This -- it's different. This is the first time in TR-0229 74 1 any of the cases that I had where we had a position being -- 2 that was deleted before while there was an appeal pending. So 3 I'm not sure how to answer that, because I don't know -- I 4 mean as far as -- 5 Q All we -- all we can do is look at the policy, 6 right? 7 A Yeah. I mean if she -- if the position was there 8 and she was -- and they refused to take her back, she gets her 9 pay. 10 Q That's not what the policy says though, right? The 11 policy says if she's refused reinstatement. 12 A If she's refused reinstatement, then she's entitled 13 to the full salary as though it had been reinstated as ordered 14 by the Commission. 15 Q Okay. Now, you said, Ms. San Miguel, that in all of 16 your years at the County that you've never seen a situation 17 like Ms. Guerrero's, right? 18 A Not where the position was eliminated while there 19 was an appeal pending. 20 Q Do you think that's unfair to have been done? 21 A I think they should have waited until the appeal was 22 done. 23 Q Otherwise, what is the importance of your office as 24 a Director or these Commissioners, right? 25 A It affects their decision, yes. TR-0230 75 1 Q These Commissioners were appointed to make sure that 2 the County ran their business fairly and treated their 3 employees fairly, correct? 4 A Yes. 5 Q And that's why we have rules of why Ms. Guerrero 6 gets the opportunity to come here and give her side of the 7 case, right? 8 A Right. 9 Q And you would agree with me that it is extremely 10 unfair to have deleted her position before she got her day in 11 court here, right? 12 A Yes, because it does have an impact on her -- on her 13 position. 14 Q Because it -- 15 A Or her appeal. 16 Q Because it could be said that we were going to -- 17 we're going to get rid of Ms. Guerrero either by demoting her 18 because we think we've got cause; and even if we don't, we're 19 going to, you know, do an end run and delete her position even 20 while it's on appeal, right? 21 A Yes. 22 Q If they could do that all the time, what would we 23 need these Commissioners for, right? 24 A That's correct. 25 Q Why would we need to file things up here, right? TR-0231 76 1 A Yes. 2 Q What would these policies be -- you know, why would 3 we need these policies, right? 4 A That's correct. 5 Q You spent 40 years in this office, right? 6 A 39. 7 Q I'm sorry. 8 A And three months. 9 Q You tell me that their work is important, right? 10 A It is -- 11 Q To make -- 12 A -- very. 13 Q To make sure that the County is run fairly, right? 14 A That's correct. 15 Q So that employees shouldn't be demoted just because 16 somebody, you know, gets upset, right? 17 A They have the right to challenge anything that's -- 18 any action that's taken against them. 19 Q Under these Commission's policies she has some 20 rights, correct? 21 A Yes. 22 Q And they have the power to be able to reinstate her 23 under these policies, right? 24 A Yes. 25 MR. LOPEZ: Nothing further. TR-0232 77 1 CROSS EXAMINATION BY DEFENDANT 2 BY MR. BROWN: 3 Q Andrea, hi. 4 A Hi. 5 Q You and I have talked about this situation numerous 6 times. And your advice to me has always been in my agreement 7 they cannot reinstate someone to a budgeted eliminated 8 position. 9 A The Civil Service policies state that the Commission 10 has no authority over budgetary matters. 11 Q And creation and elimination of positions -- 12 A Correct. 13 Q -- are budgetary matters; is that correct? 14 A That's up to Commissioners Court. 15 Q And solely Commissioners Court, correct? 16 A For creating positions, yes. 17 Q And eliminating positions, right? 18 A Yes. The Commission doesn't eliminate positions. 19 Q Right. And they can't create them via order either, 20 correct? 21 A They don't create the positions, no. 22 Q So if a position has been eliminated by the 23 budget -- and this is the exact same situation we have here 24 that you and I discussed -- when an elimination has occurred 25 prior to the hearing being resolved, if the position is no TR-0233 78 1 longer in existence, the most the Commissioners can do is 2 reinstate that person to the position they had up until the 3 time it was eliminated, award them back pay up until the time 4 it was eliminated, and then make other findings as they see 5 fit within the positions that are available; is that correct? 6 A When a position is eliminated -- if a position is 7 eliminated, the employee doesn't have any appeal rights to 8 that. 9 Q To that position? 10 A To that -- to file an appeal. If it's -- if it's 11 eliminated by the court, the employees cannot appeal that 12 position. 13 Q Right. And in a situation where it's eliminated 14 during the pendency of an appeal -- 15 A This is the only time that's happened. 16 Q Correct. So Mr. Lopez stating that this would just 17 ruin the County, we wouldn't need Civil Service, this would go 18 on all the time, that's not the fact, right? It was never 19 used this way before, was it? 20 A Not until this case. 21 Q For one case. So it's not that the Civil Service 22 isn't needed because this is rampant around the County, 23 correct? It's only happened once? 24 A It's only happened once. And -- 25 Q And your -- TR-0234 79 1 A -- this is the only time. 2 Q -- opinion at the time was that you expressed to me 3 that the most they could do when a position is eliminated is 4 exactly what they did, give her back pay up until the time the 5 position was eliminated and reverse the demotion. But they 6 couldn't say she also gets put in a non -- in a position that 7 doesn't exist? 8 A They can't -- they cannot create a position. 9 Q Okay. So do you feel as you felt back then that 10 they gave her the most relief they could? 11 A Based on what -- based on what they had and what 12 I've been told as far as positions being created, the 13 Commission -- I was told the Commission cannot create 14 positions. So if they can't create positions and they 15 eliminate it, the Commission ruled that she gets her back pay 16 up through that point. 17 Q And they can't order her into a position that 18 doesn't exist, correct? 19 A They -- not on -- not based on this rule. But based 20 on the County Policy that they can't create positions, they 21 can't put her -- they can't create something that they don't 22 have. 23 Q So this rule never comes into play. If the 24 Commission can't order her into a position that doesn't exist, 25 the department could never refuse to reinstate her, because TR-0235 80 1 they cannot in the first place order her into an exempt -- or 2 an eliminated position, correct? Because to order her into an 3 eliminated position would require the creation of that 4 position. 5 A They can't create anything. 6 Q But the fact of -- 7 A As -- 8 Q If they say you're ordered -- 9 MR. LOPEZ: I'd ask that she be allowed to 10 finish her question. 11 A They can't create a position. They cannot create a 12 position. This rule says they get their pay whether 13 they're -- they're -- if they're refused reinstated. Again, 14 this is the first time we've ever had this. 15 The reason the Commission ruled that way is 16 because the position was no longer in place or they felt okay, 17 we can't create a position and we're going to give her the 18 back pay up through when it was eliminated. 19 Q (By Mr. Brown) Because at the time it was 20 eliminated, if she had been in the position, she simply 21 wouldn't have had a job, right? 22 A Right. If she -- 23 Q Because she had no appellate rights? 24 A If she was in the position and they eliminate it, 25 then she has no appeal rights. TR-0236 81 1 Q And certainly by coming to Civil Service, she can't 2 have greater rights now than she would have had the 3 position -- had she never been demoted; does that make sense? 4 A In other words, she can't -- she can't challenge 5 anything over that amount is what you're saying? 6 Q She can't -- had the position been eliminated by 7 Commissioners Court as it was in the budget and she was in 8 it -- 9 A She would -- if she was in it and the position was 10 eliminated, she has no appeal rights at that time. 11 Q Right. So it doesn't make sense that she could come 12 in, pull one sentence out of the rules and say that this 13 somehow allows the Commissioners to recreate the position that 14 was eliminated, put her back in it, thus put her in a better 15 position than she had been in had she never been demoted. 16 That can't be what this rule was meant to be, right? 17 A This was when the department refused to reinstate 18 them. 19 Q Into an existing position? 20 A And the elected official refused to pay them, they 21 were going to get paid whether they worked or not. 22 Q Right. But that's under the assumption again that 23 the position still existed? 24 A That this never had -- we never had this case 25 before. We've never had anything like this where they TR-0237 82 1 eliminated it prior to the -- while an appeal was pending. 2 Q Well, Mr. Lopez asked you about the mean -- why this 3 was put into place. When it was put into place, it wasn't put 4 into place so that Civil Service now had the power to order 5 positions be recreated, right? 6 A It was -- it was on current positions that they were 7 placing them back in. Like I said, this had never -- they had 8 never eliminated a position prior to that time. Prior -- 9 while an appeal was pending. 10 Q Correct. And nothing says they can't, correct? 11 A No. Usually they're done during the budget year in 12 the past. Commission -- the Commissioners Court would 13 eliminate budgets -- positions during budget year. This was 14 when the person had an appeal at any time of the year and they 15 didn't take them back, they would put them back in place. 16 Q But there's nothing precluding Commissioners from 17 eliminating positions while an appeal is pending, correct? 18 A There is nothing in the Civil Service Rules. I 19 don't know what the pol -- if there is anything in the 20 Commissioners Court, what their policy is, I don't know. 21 Q But you're not aware of any policy or rule? 22 A Not in the Civil Service. 23 Q Okay. 24 MR. BROWN: That's all I have. 25 TR-0238 83 1 REDIRECT EXAMINATION BY PLAINTIFF 2 BY MR. LOPEZ: 3 Q Ms. San Miguel, we're looking at number 17 here. It 4 says: Should the office or department refuse to reinstate the 5 employee as ordered by the Commission, the employee shall be 6 entitled to their full salary just as though they had been 7 reinstated as ordered. Is there anything in that sentence 8 that says anything about creating a job? 9 A No. 10 Q Okay. So when he's asking you questions about 11 whether the Commissioners are creating a job, this rule talks 12 nothing about creating jobs, right? 13 A No, because the Commission doesn't have authority to 14 create. 15 Q We're talking just about money, right? We're not 16 talking about eliminated positions or current positions; we're 17 just talking about money under number 17, right? 18 A It's just talking about, yeah, reinstating them to a 19 position. 20 Q And so if we go back to why the rule was put into 21 place, a Commissioner would say I'm not taking Orlando back. 22 I don't care what the Commission says; I'm not taking him 23 back. This rule was put into place so that if I wasn't taken 24 back, then I'd still get the money that I was entitled to, 25 right? TR-0239 84 1 A Right. 2 Q And so the Commissioners could tell me or the 3 elected official could tell me for any reason they're not 4 taking me back, right? They could say -- they could say, 5 isn't it true, that yes, Commissioners, you said that 6 Mr. Lopez should be reinstated, but County -- Judge Wolff 7 could say I'm not taking back Mr. Lopez, right? 8 A Right. 9 Q And he could give me any reason why he doesn't want 10 to take me back, right? 11 A Right. 12 Q Too short, too ugly, too dumb, whatever it is, 13 right? The rule doesn't talk about having to give a reason of 14 why they're not reinstated, right? 15 A No, it doesn't say. 16 Q It just says if you don't reinstate them, they still 17 get their money, right? 18 A Yes. 19 Q That's how the policy was written, right? 20 A Yes. 21 Q To protect employees such as Ms. Guerrero, right? 22 A Yes. 23 MR. LOPEZ: Nothing further. 24 25 TR-0240 85 1 RECROSS EXAMINATION BY DEFENDANT 2 BY MR. BROWN: 3 Q Andrea, go with me on this one or listen 4 (inaudible). 5 A Okay. 6 Q This can only come into place as written if the 7 elected official refuses to put the person back in to the 8 position they had, but that has to assume the position still 9 exists, correct? 10 A If they were reinstated, then they're supposed to 11 get the back pay. 12 Q Right. But they can only be reinstated to existing 13 positions, correct? 14 A Again, that's something that -- this is the only 15 time we've had that, so it didn't address that because we've 16 never had an issue where they abolished them. This was 17 usually where the positions were available; they refused, and 18 they put them back. 19 Q Right. 20 A We've never address -- we've never had anything like 21 this where they abolished it while the appeal was pending. 22 Q So there has never been a ruling or a decision that 23 this one sentence allows this Commission to order the County 24 Commissioners to recreate an abolished position so that they 25 can then put them in that position and receive that back pay? TR-0241 86 1 A It doesn't talk about recreation; it just says 2 ordered as reinstated by the Commission, but it doesn't say -- 3 Q But you would agree that -- 4 A -- anything about re-creation or abolishment. 5 Q You would agree that if a position had been 6 eliminated, only the Commissioners can recreate that position, 7 correct? 8 A Only the Commissioners can recreate it. 9 Q Okay. 10 MR. BROWN: Thank you. 11 FURTHER REDIRECT EXAMINATION BY PLAINTIFF 12 MR. LOPEZ: 13 Q Ms. San Miguel, we're looking at the policy. The 14 people who put this policy together, they could have fixed 15 that real easy, right? Because they -- it says right now: 16 Should the office or department refuse to reinstate the 17 employee. 18 Now, what's missing here where I've got this 19 red dot, what's missing, would you agree with me, that refuses 20 to reinstate the employee to a current or existing position. 21 It doesn't say that, right? 22 A No, it doesn't say that. 23 Q It could have been included, right? 24 A Probably could have been included, yes. 25 Q But it wasn't, right? TR-0242 87 1 A No. 2 Q So we just have this rule, right? 3 A This is the only rule we have. 4 Q And it doesn't say anything that you can only be 5 reinstated with money to a current or existing position, 6 right? It doesn't say that, right? 7 A No. It just says refuse to reinstate the employee 8 as ordered by the Commission. 9 MR. LOPEZ: Thank you, Ms. San Miguel. 10 CHAIRPERSON ELLIOTT: Thank you. 11 MR. LOPEZ: The employee calls Carmella 12 Guerrero, Madam Elliott. 13 CHAIRPERSON ELLIOTT: All right. 14 CARMELLA GUERRERO, 15 having been sworn to tell the truth, testified as follows: 16 EXAMINATION BY PLAINTIFF 17 BY MR. LOPEZ: 18 Q Ms. Guerrero, for the benefit of Madam Arriaga, can 19 you tell her how long you've been with the County? 20 A I'm going on 21 years. Just short a couple of 21 months. 22 Q How did you start with the County? 23 A I was hired by the Bexar County Sheriff's Office way 24 back when, working in the mothers and their children and 25 fathers and their children program. Very kind of low level TR-0243 88 1 technician type person. At that time it was a brand new 2 program. 3 Q And you worked your way all the way up to the ... 4 A Yes. When I left the jail when I left the Sheriff's 5 Office, I was the jail program's manager. So I was 6 responsible for all jail programs. Had 52 employees under me, 7 officers and civilians. We ran all GED classes, laundry 8 services, food services, all those types of programs within 9 the jail. 10 Q Ms. Guerrero, at some point you came to work for 11 BCIT, and you were promoted all the way to an E11, right? 12 A Yes. 13 Q By Mares, right? 14 A Yes. 15 Q And then there was a dispute that arose over some 16 parking? 17 A Yes. 18 Q And Ms. Mares demoted you from an E11 to E5? 19 A Yes. 20 Q And isn't it true, Ms. Guerrero, that Ms. Mares 21 cited some pretty nasty reasons of why you should be demoted, 22 right? 23 A Yes, she did. 24 Q She called you a liar? 25 A Yes. TR-0244 89 1 Q Said you were dishonest? 2 A Yes. 3 Q Said that you were insubordinate? 4 A Yes. 5 Q Basically that you don't do what you're told, what 6 you're supposed to, right? 7 A Yes, ma'am. I mean sir. Yes, sir. 8 Q That doesn't seem to make sense, does it? 9 A No. 10 Q How you get promoted over 21 years with the County, 11 that doesn't make sense, right? 12 A No. 13 Q Do you -- would you agree with me and to the 14 Commissioners that, you know, liars and dishonest people and 15 the people that don't do the things they're supposed to don't 16 get promoted all the way to E11s, right? 17 A No, I do not believe they do. 18 Q We had your day in court on April 26th. You got to 19 take the stand, we presented evidence. And this fine 20 Commission overturned your demotion, right? 21 A Yes, they did. 22 Q They did leave you in your E5 spot, right? 23 A Yes. 24 Q And so for another two years have you been doing E11 25 work or E5 work? TR-0245 90 1 A E5 work. Well, a little bit of your -- no, just 2 kidding. E5 work. 3 Q So after April 26th, you walked back into your 4 office, you know, and you were able to hold your head high 5 because you were able to tell your employ -- your fellow 6 employees that you're not a liar or dishonest or don't do what 7 you're supposed to, right? 8 A Yes. 9 Q And it's been over two years since that date, right? 10 A Yes. 11 Q And you're still doing E5 work, right? 12 A Yes. 13 Q You've kept your head up and done the exact work 14 that you've been paid to do? 15 A Yes, sir. 16 Q However, you've still been advancing the argument 17 that you think that you're entitled to additional relief, 18 right? 19 A Yes. 20 Q Why is it that -- why would somebody who was called 21 a liar, dishonest, doesn't do what they're supposed to, you 22 know, it would occur to me that most people wouldn't do that. 23 Most people once they were vindicated, I wouldn't suspect that 24 they'd go back to doing the lowly job that they were demoted 25 for unfairly. Why do you do it? TR-0246 91 1 A I love my job. And I knew eventually -- I thought 2 eventually this would work itself out. I -- when I went back, 3 it was very humbling when I went back the day that I was 4 demoted, because the employees that worked for me I now worked 5 for. One of my employees was now my new supervisor. 6 That was difficult for me, but I also felt that 7 there was something wrong with the way the policy was written. 8 There was something wrong with the way the County was doing 9 business if they could eliminate my position in the pendency 10 of appeal so that I could not get the relief that I felt I was 11 entitled to after 20 years of excellent service, what I 12 believe is excellent service. And so I feel like I've held 13 on. I went to work, I held my head high for my fellow 14 employees and I think for all Bexar County employees. 15 Since I've been back which is over -- well, 16 it's been three and a half years since the actual demotion -- 17 I've received several commendations. Ms. Mares and Mr. Hampel 18 have given me big projects. I think they have a lot of 19 confidence in me. I haven't let anybody down. I don't get in 20 trouble. I really love my job. I plan to be here another 10 21 years. And I don't think that I need to be, you know, 22 reinstated to a position that was eliminated being Ms. Mares' 23 right-hand man. I feel I'm just as valuable in any other 24 position they put me in. 25 However, I also feel that it took me 21 years TR-0247 92 1 to get where I was, and, you know, just in one day, you know, 2 I lost $22,000.00 in salary, and it's been very difficult for 3 me to try to catch up. And so I continue to do a good job and 4 I go to work every day, but I still feel like somehow the 5 policy needs to be rewritten for other employees that this 6 might happen to. And I also feel that I should be compensated 7 at the level that I was at, because I was vindicated because 8 they said I didn't do anything wrong. But I didn't get what 9 I -- took me 21 years to earn back. 10 Q And basically you're saying you just want this 11 policy enforced and applied to you, right? 12 A Yes. 13 Q That if Ms. Mares doesn't take you back because she 14 deleted your position, you're still entitled to your former 15 salary, right? 16 A Yes. 17 Q And you think that was approximately $22,000.00 a 18 year that you've lost? 19 A Yes. 20 Q Do you have a family? 21 A Yes. 22 Q Do you have kids? 23 A Yes. 24 Q Has that demotion of salary, has it affected you? 25 A Very much. TR-0248 93 1 Q And so all you're saying is if Ms. Mares can't put 2 you back into a deleted position when they order you 3 reinstated, that you just want to get paid the way that you 4 should have been, right? 5 A Yes, sir. 6 Q Ms. Guerrero, have you done an analysis of how much 7 you think that you're entitled to as a salary today? 8 A Yes, I did. 9 Q Okay. And did you prepare something? 10 A Yes, I did. 11 Q Okay. And is that what we have marked in the 12 exhibit packet as Number 9? 13 A Yes. 14 Q Can you explain to the Commission what Exhibit 15 Number 9 is? 16 A Basically the first part of the chart talks about 17 the -- I was -- you may or may not remember and Ms. Arriaga, I 18 know you were not here -- but I had been promoted. I was an 19 E10 manager when Ms. Mares came in. I spent about a year 20 working with her, training her, catching her up to speed on 21 County business. Right before the budget process, she 22 promoted me to an E11. So I went from the salary of 23 $79,224.00 to $80,616.00. I only held that salary for a month 24 when Ms. Mares demoted me. So basically I was demoted six 25 grade levels to a 5 -- to an E5 at $58,140.00. TR-0249 94 1 The second part of the chart -- and I believe 2 it's County rules, so I'm not testifying that I know what all 3 the rules are for H.R. But when an employee gets demoted that 4 much, they have to keep them at the maximum of the salary. 5 They can't -- they can't, you know -- they have to, when you 6 get demoted that much, there's some kind of range of 7 penetration that says you're paid the max. So I am at the max 8 of the grade 5. So I can never get any other raises in the 9 position I'm in no matter how well I do. If the County gets a 10 raise, I get a one-time check. I don't -- there's nothing 11 ever added to my salary. I will make that much until I go 12 somewhere else. 13 So the second part of the chart basically takes 14 the raises that the County got and that were awarded by 15 Commissioners Court and that are in the County Budget approved 16 by Commissioners Court, and it takes me -- the actual salary 17 that I have when the County got the first raise of two 18 percent, which is a cost of living increase. And I got a 19 one-time check of $1,162.00. If I had been making $80,616.00, 20 I would have received a two percent cost of living increase on 21 that, which would have taken my salary to $82,228.00. 22 That same fiscal year all of the BCIT managers 23 received an eight percent increase in pay. Because I had just 24 recently been demoted, I was not afforded that eight percent 25 increase, but all the rest of the managers did get it. That TR-0250 95 1 is also published in the -- in the budget book. So at the 2 $82,000.00 if I apply an eight percent increase on that, my 3 salary would have gone up to $88,806.00. 4 That next fiscal year Commissioners Court 5 approved a three percent cost of living increase. I got a 6 one-time check of $1,700.00. My salary still remained 7 $58,140.00, but if I had been applied to my salary like they 8 applied it everybody else in the County that is not at their 9 maximum, then my pay would have been $91,470.00. 10 Subsequently in the last fiscal year, 11 Commissioners Court approved a three percent COLA. Again, I 12 got a one-time check. And -- and if it had been applied to my 13 salary, then I would be making $94,214.00. 14 Q Now, I'm an Aggie, so my math is not always the 15 best, okay? Where did you come up with like you're saying 16 that you would have got a two percent COLA raise, eight 17 percent raise, three percent, three percent. Did you just -- 18 did you make those numbers up? 19 A No, sir. 20 Q Okay. Let me see here. Is this the IT budget? 21 A Yes, it is. 22 Q Number 11? 23 A Yes, it is. 24 Q And I'm clicking here. Help me. 25 A It goes above that I think. Program change number TR-0251 96 1 two; is that what you're looking for? 2 Q Yes. So when we look at program number two -- 3 program change number two -- and we're looking at the IT 4 budget, which is Number 8 in the book -- you're saying that 5 here is the eight percent that you would have been entitled to 6 as part of the budget, right? 7 A Yes. 8 Q And these are for all the managers? 9 A Yes. 10 Q And that's how you included that in your chart. 11 A Yes. 12 Q Right? Okay. 13 Now, you also say that you were entitled to 14 another two percent. And that's in your booklet on Number 10, 15 right? 16 A Uh-huh, yes, sir. 17 Q So this is -- we've got the full copy in the booklet 18 on Number 10. This is the contingencies and this is where -- 19 this is right out of the Bexar County Budget, right? 20 A Yes, sir. 21 Q Where it says you would have gotten a two percent 22 cost of living adjustment for all active regular full-time and 23 part-time employees not covered by collective bargaining? 24 A Yes, sir. 25 Q That's where you got the two percent, right? TR-0252 97 1 A Yes, sir. 2 Q So then you're saying there's another two percent, 3 right? I'm sorry that's the 2010 two percent? 4 A Yes. 5 Q And then was there another three percent that you're 6 talking about? 7 A Yes. 8 Q And this was out of the next year's budget? 9 A Yes. 10 Q So that's how you got to the three percent cost of 11 living in your chart, right? 12 A Yes. 13 Q And then there was one more for '13 and '14? 14 A Yes. 15 Q So the numbers in your chart where you talk about 16 your raises, two percent, eight percent, three percent, three 17 percent, those were right out -- straight out of the budget 18 book, right? 19 A Yes. 20 Q Okay. And those are, in fact, what was awarded, 21 right? 22 A Yes. 23 Q So you're telling the Commission how much do you 24 believe your current salary should be based on those raises 25 and cost of living adjustments? TR-0253 98 1 A $94,214.00. 2 Q Okay. Did you also run an analysis, Ms. Guerrero, 3 of what you believe you're entitled to in back pay? 4 A Yes. 5 Q Can you explain to the -- to the Commissioners what 6 that is? 7 A So basically when the Commission awarded my back 8 pay, they awarded it up until the time the position was 9 eliminated. And so basically I took into account that back 10 pay that was already awarded to me. So I didn't start this 11 chart until post the day that I did receive back pay for, 12 because I did get 10 months of back pay in the original order. 13 So -- excuse me. So I started the chart at that time. 14 And basically I took the salary that I should 15 have been earning at an E11, which is $80,616.00 and added the 16 increases in salary to that. So the eight percent that the 17 managers received and the two percent COLA that were issued, 18 then my salary would have gone up to -- so basically I did it 19 on a monthly basis so that you could see that my actual salary 20 stayed $4,885.00 a month, but my -- my salary should have been 21 increasing as the COLAs and the increases were added. 22 So I did that on a monthly basis going all the 23 way down. So I have included the eight percent, the two 24 percent, the three percent, and the three percent on a monthly 25 basis from the time that I was awarded the original back pay TR-0254 99 1 to present time. 2 Q And so you came up with a figure? 3 A Yes, I did. 4 Q What is the amount that you believe that you're 5 entitled to through back pay? 6 A Well, I realized that I already received several 7 one-time checks, so I subtracted that amount from the total. 8 I obviously don't -- 9 Q Is that the -- 10 A -- want to get paid twice. 11 Q Is that the 4,644 bucks? 12 A Yes, it is. Yes, it is. 13 Q So that gets you to $91,273.00? 14 A Yes. And then the next one is as a County manager, 15 you're allowed a privilege I guess of parking free in the 16 County parking garage by County policy. So I was parking free 17 up until the day I was demoted. And so in the first -- in the 18 first back pay settlement -- or not settlement -- but in the 19 first back pay, they did award me what it would have cost for 20 parking if I had still been a manager. So I did get that up 21 until that date. And so the second figure there is what I 22 have had to pay for parking. 23 Q So the 1,925 bucks is a parking reimbursement? 24 A Yes. 25 Q That you would have received had you still been a TR-0255 100 1 manager? 2 A I wouldn't have received it. 3 Q I'm sorry. You would have been parking for free? 4 A Yes. 5 Q So you got thrown in a cube by Ms. Mares and then 6 she took away your parking as a result too? 7 A Yes. 8 Q And so that grand total is -- is that the amount 9 that's correct? 10 A Yes, sir. 11 Q And if we go to the next page, this is the back up 12 for your parking privileges, right? 13 A Yes, sir. 14 Q Okay. Now, you understand that the County has taken 15 the position that there is nothing they could do for you 16 because your position had been eliminated, right? 17 A Yes, sir. 18 Q Now, do you agree that there's nothing that the 19 County can do for you in your situation? 20 A No, I do not. 21 Q You believe that the County has the ability and the 22 power to give you your back pay and your salary if they order 23 you reinstated? 24 A Yes, I do. 25 Q Based on the policy that we discussed all morning, TR-0256 101 1 right? 2 A Yes. 3 Q And the one that you testified to, right? 4 A Yes. 5 Q Now, do you remember sitting down with the County on 6 July the 29th? 7 A Yes, I do. 8 Q What happened on July the 29th? 9 A The County and -- and us decided to go to mediation 10 to try to settle the case. It's been very trying on 11 everybody, my family, County officials, employees. It's -- 12 it's been three and a half years of a lot of turmoil. I am 13 ready. I was ready to kind of put this to rest and move 14 forward. 15 So we agreed to a settlement and set the day of 16 mediation with the County, and I believe it went really well. 17 We settled I think very fairly and so did the County, and we 18 all walked away happy. So I thought it was over. I was very 19 relieved. 20 Q So you tried to settle this case, right? 21 A Yes. 22 Q And, in fact, if we look at Exhibit Number 13 in the 23 pamphlet, is that the Mediated Settlement Agreement? 24 A Number 13. I'm sorry. 25 Q Take a look at Number 13 and tell the Commissioners TR-0257 102 1 what 13 is. 2 A Yes, this is the -- the agreement that we came up 3 with, the District Attorney's Office, using an agreed upon 4 mediator for my case. 5 Q And, in fact, despite the County taking the position 6 that there is nothing they could do for you, they made an 7 agreement with you, right? 8 A Yes, they did. 9 Q And what does that agreement entail? 10 A It entailed that I would be reinstated to a category 11 E9, which is a couple of grades lower than I was, but I felt I 12 don't have to be deputy in chief in charge of anything. I 13 just really wanted to go back to work. And the second part of 14 that was that they would reinstate my salary to $81,500.00 a 15 year, and that I would be allotted $66,000.00 in back pay. 16 Q So despite the fact that the County has taken the 17 position we can't do anything for you, the position has been 18 deleted, we can't move you, we can't do anything, they agreed 19 at a mediation to do that, right? 20 A Yes, they did. 21 Q And, in fact, do you remember at that mediation was 22 there another -- was there an additional agreement that the 23 County agreed to? 24 A Yes. They said they were going to do everything in 25 their power to create a position for me outside of BCIT so TR-0258 103 1 that it wouldn't be an issue for Ms. Mares. 2 Q So we have the County saying they can't do anything 3 for you, but on July 29th they made an agreement with you that 4 you should -- or that they would agree to give you back pay 5 and give you your former salary, right? 6 A Yes. 7 Q This agreement was rejected by Commissioners Court? 8 A I believe so. I'm not -- I do not understand how 9 that happened. They went into executive session and nothing 10 happened, so. 11 Q Is there anything else you'd like to tell the 12 Commissioners before I turn you over to Mr. Brown? 13 A No. I think I've kind of said it all. I really 14 appreciate the work you all do for the County. I think it is 15 amazing that we employees are afforded the opportunity to be 16 heard, whether we're right or wrong, by an outside third-party 17 Commission as yourselves. 18 I do think that somehow even if I'm the first, 19 maybe there's a first for a reason. I think that if -- if the 20 case is that the County can eliminate a position that is in 21 pendency of appeal because it's going to cause a problem for 22 somebody else, that that should not be allowable either by law 23 or by policy, that the employee should have a right to appeal 24 a position all the way to the end without fear of it just 25 being a budget action or oh, we don't like Carmella anymore; TR-0259 104 1 let's just get rid of that position. I don't think that's 2 fair and it should not be legal. 3 And so I hope moving forward that, you know, 4 some changes can come out of this. And I hope to continue 5 working in the County as long as possible doing the good job 6 that I'm doing right now. I've got since my demotion 32 7 commendations that I feel very proud of, and I continue to 8 work that hard every day so that I can continue to feel good 9 about myself. 10 MR. LOPEZ: Madam Elliott, I'll pass the 11 witness. 12 CROSS EXAMINATION BY DEFENDANT 13 BY MR. BROWN: 14 Q The day of this mediation, I was the one who 15 negotiated for the County, wasn't I? 16 A Yes, sir. 17 Q And no County personnel was there, correct? 18 A No, sir. 19 Q And as you see throughout this, it states a number 20 of times that it's subject to the express approval of the 21 Bexar County Commissioners Court, correct? 22 A Yes, sir. 23 Q So it was clear that the power yet again all rested 24 with the Bexar County Commissioners Court? 25 A Yes, sir. TR-0260 105 1 Q So we drew up something to offer, and the ultimate 2 power decided not to accept it, correct? 3 A That's correct. 4 Q And that's the power they retain in creating and 5 deleting positions as people testified to here. They held 6 that same power in deciding how the County's money is to be 7 spent, and they decided not to accept what we drafted, 8 correct? 9 A Yes, I believe so. Yes. 10 MR. BROWN: That's all I have. 11 MR. LOPEZ: Nothing further, Your Honor. 12 CHAIRPERSON ELLIOTT: Ms. Guerrero, thank you. 13 MS. GUERRERO: Thank you. 14 MR. LOPEZ: Madam Elliott, the employee rests. 15 CHAIRPERSON ELLIOTT: Okay. 16 MR. LOPEZ: I'd like to reserve the opportunity 17 for a closing argument. 18 CHAIRPERSON ELLIOTT: Okay. Mr. Brown? 19 MR. BROWN: Oh, I'm sorry. 20 CHAIRPERSON ELLIOTT: We're going to go to 21 closing arguments at this time. 22 So Mr. Lopez? 23 MR. LOPEZ: Certainly. I'm going to hand you 24 guys -- guys -- I apologize. I'm going to hand you -- 25 CHAIRPERSON ELLIOTT: The team. TR-0261 106 1 MS. ARRIAGA: Thank you. 2 MR. LOPEZ: The Bexar County Commissioners -- 3 Bexar County Civil Service Commission is a very, very 4 important tribunal. It was created years ago so that 5 employees could have the ability to not be fired, demoted or 6 take disciplinary action against them for no reason. 7 And there's cases that talk about exactly what 8 Mr. Brown has been talking about. This case -- and I've 9 highlighted on the copy that I've given you -- what it talks 10 about is there it says that -- and this was a case with the 11 City, but it's the same rules. And it says that when a 12 municipal corporation under the charter has the power to 13 create an ordinance, an office, it has the power to abolish it 14 of course. That's what Clark -- Mr. Brown has been saying all 15 day. They have the power to create. Nobody else has the 16 power to create but Commissioners Court. 17 But it says: When Civil Service veterans and 18 preference laws are involved, the action of City Council must 19 be taken in good faith to affect an economy in the operations 20 or betterment of municipal service as there is no real 21 fundamental distinction between a lawful abolition of an 22 unnecessary position and discharge of a faithful employee in 23 violation of the rights secured to him by statute, and that 24 the latter cannot be concealed. 25 And it goes further down and it says: If the TR-0262 107 1 attempt to abolish an office is merely coverable and the real 2 objective is to legislate one out of office or a service 3 position, the courts are not bound by the apparent form of 4 action, but will disregard the pretense and be governed by the 5 substance of the action. Tenure office of Civil Service laws 6 cannot be evaded by a sham or pretended abolishment of a 7 position. 8 Our courts -- this is a court that -- a case 9 that involves the City of San Antonio, right here in Bexar 10 County. Somebody at the City was doing similar shenanigans, 11 adopted -- abolishing a position and saying we had the power 12 when they went to Civil Service. But this case is exactly the 13 power that you have as a Commission. It says yeah, 14 Commissioners Court makes jobs, creates jobs. They have the 15 ultimate power like Mr. Brown has said. But even that power 16 is not absolute. They're not God. No matter how much they 17 may think they are. 18 Our laws, your commit -- you were appointed 19 precisely what this case says is that you have the ability to 20 look into why somebody is doing it. Was it done unfairly? 21 Was it done for a pretense as a sham? Or was it done, you 22 know, for a legitimate purpose? And so when the County says, 23 you know, there's nothing you can do because Commissioners 24 Court is the only one that can do it, case law says 25 differently. It says you have the power to review that TR-0263 108 1 decision and come up to a different decision. 2 Now, I'm going to hand you another case here. 3 This is an opinion from the Texas Attorney General's Office. 4 And it's a good illustration of why you're necessary. This is 5 the case of the Attorney General Opinion JC-0529. Here is the 6 number. Here's what's important here is that why was the 7 Civil Service Commission and the legislation that established 8 the Civil Service Commissions put into place? And this is the 9 legislative history and the reports of the legislature when 10 they put this rule and this law into place. 11 And it says in here -- and I'm reading right in 12 the middle -- is that: The prospect of losing a job if the 13 department head loses an election inevitably discourages 14 prospective employees. The County and the legislature wanted 15 good, valuable skillful employees to come work for the County, 16 such as Ms. Guerrero. 21 years of service. 17 The County is a big corporation. They're a 18 big -- they're a big ticket entity, and they want to be run 19 and they want to be employing good people. But good people 20 don't want to come work for the County if somebody loses an 21 election or you're going to be having to rely on Commissioners 22 Court to make political decisions. You can't attract good 23 talent that way. And the legislature determined that we need 24 to find a way that we can bring good people and they won't be 25 discouraged from working there because a department head or an TR-0264 109 1 elected official is going to single them out and not take 2 action. 3 That is the entire reason why the Commission, 4 why you were put into place. And that is you have the power 5 to referee this type of dispute. They want good people, they 6 have good people, and they should not be able to go out there 7 and eliminate her position just because she's got an appeal 8 going or if they don't want her. Our rules say that she has 9 to only be demoted or fired for cause. And that's what the 10 Commission and the legislature was intended to do is you step 11 in and protect good employees from political action or action 12 that is unlawful and does not have any merit. 13 Precisely the evidence that you heard today 14 that you heard from Mr. Reyes. He told you that it was 15 engineered that her position be deleted while her appeal was 16 pending before you. They didn't give any budget reason. It 17 wasn't numbers. It wasn't, you know, a reduction in force. 18 It was Mr. Smith came and said hey, we got a problem with 19 Ms. Carmella; get rid of the job. He didn't ask one question 20 and he helped do it. 21 You also heard him testify about the way the 22 reduction in force happened. She was the only one that had 23 any rights to the position; everybody else was frozen. So 24 when the County says this was just a normal reduction in 25 force, this is a normal budget trying to save some money, it TR-0265 110 1 wasn't. That was not the case. There was nobody in any of 2 the 15 other positions. She was the only one that had a 3 right. She had an appeal pending before you, and they 4 eliminated that job while she had that appeal coming forward. 5 So you heard from Mr. Reyes that it was a pretext, that they 6 did it on purpose because she had this appeal going. 7 We heard Mr. Reyes testify as the budget 8 officer that there was countless other situations where the 9 County has taken steps to accommodate somebody, move them 10 around, pay them more, promoted them, transferred them, 11 brought them out of retirement. So when the County says we 12 can't do anything because it's only Commissioners Court, it's 13 just not true. It's just not true. The County can do just 14 about anything they want. 15 And, in fact, you know, we looked at the 16 Settlement Agreement. The County was going to move her to 17 another level of promotion, was going to give her a bunch of 18 back pay, was going to give her, you know, a salary that she 19 was at. So when the County says we can't do nothing, that's 20 just wrong. They did. 21 More importantly, and you heard from Ms. San 22 Miguel and you heard from Ms. Guerrero that if we're not going 23 to follow the Commissions rules, then we've got to ask why do 24 we even have them? And we believe that under this policy that 25 Ms. Guerrero has the ability to get relief from you. You can TR-0266 111 1 reinstate her, award her her back pay, put her at her former 2 salary. And if when she goes with that order to Ms. Mares and 3 Ms. Mares says can't do it, Carmella; we deleted your 4 position, then this policy takes effect. Even if you cannot 5 put her in a position that has been deleted, she still should 6 get her salary just like you ordered. 7 Now, it was interesting the history of this 8 Number 17. Basically, Ms. San Miguel said that people like 9 you were sitting donating your time to service on this 10 Commission, were spending your days when you could be working 11 legislating and making decisions over these employees. And 12 when you ordered something, that basically what the department 13 heads and the Commissioners Court were doing they're saying 14 Ms. Elliott, here's your order of reinstatement, we don't have 15 to listen to it. We're Commissioners Court; we can do 16 anything we want. This policy was put into place precisely 17 for that reason. Because what you do is important, it has 18 meaning and it should be binding, and the department heads 19 should not be able to just put those orders in the trash and 20 disregard what you're doing. 21 We believe that the evidence is clear that 22 she's entitled to her back pay. We believe that she's 23 entitled to her former salary with all of the raises. We 24 believe that she's entitled to that whether or not Ms. Mares 25 takes her back into her position because the policy so allows. TR-0267 112 1 So we're asking you to reinstate her to her E11 2 position with full back pay and salary, salary of $94,214.00. 3 You saw how she calculated it. We believe that she's entitled 4 to an additional $93,198.00 in back pay because she put 5 straight through how she calculated in those amounts. And if 6 Ms. Mares says I can't take you back because I deleted that 7 job, she's still fully entitled to those amounts and to 8 continue to do whatever job. Just like Ms. Abundis. She 9 could stay in her E5 job, because that's what the policy says; 10 she just needs to be paid at that amount and be put that 11 amount in the back pay. 12 You have the power. We're here on a unique 13 case. We've given you a lot of legal arguments and we've 14 cited a bunch of rules. I've given you case law and sound 15 somewhat like a lawyer. But you don't need to be a lawyer to 16 really look at this case and to come up with any other 17 decision other than this is unfair. This is -- this is not 18 how the County -- how anybody should treat a 21-year veteran 19 at a company or an organization or the County. Demote them 20 for no good reason, delete that job while she has an appeal. 21 It's just unfair. 22 I think that if we went outside, you know, with 23 a, you know, with an i-phone and we interviewed 100 people, I 24 think 101 of those 100 people would say this is wrong, this is 25 unfair, and it should not be allowed. If you allow that to TR-0268 113 1 happen to Ms. Guerrero, the power and the ability of employees 2 to be able to rely on the Commission for their day in court is 3 going to be weakened if not fatally, fatally taken away. 4 Thank you. 5 CHAIRPERSON ELLIOTT: Mr. Brown. 6 MR. BROWN: Well, we are bound by rules and we 7 are bound by the law and we are bound by court cases that say 8 only the Commissioners Court can create a position. We had 9 witnesses come in here one after the other. Henry Reyes who 10 obviously had a bone to pick with David Smith. That's why he 11 left immediately. He had no testimony that this Civil Service 12 Commission has ever ordered someone put into an eliminated 13 position. He testified that things have happened where David 14 Smith has recommended yeah, we move this person here for one 15 reason, we do this to that person. But at the end, his 16 testimony was those are only recommendations, and the only 17 people that can do it are the Commissioners Court. He never 18 testified that you had ordered it or that he had not 19 unilaterally ordered -- David Smith had not unilaterally. At 20 the end of the day, he said only the Commissioners Court can 21 create or delete a position. 22 Ms. Abundis, she testified she never even got 23 before this Commission to have the position where Ms. Guerrero 24 was in for you to order her back to her position. So her 25 facts aren't even remotely similar to this one. TR-0269 114 1 We have Andrea San Miguel who came in and was 2 hesitant, but she admitted that this Commission has never 3 been -- has never created a position or they ordered someone 4 back into an eliminated position. And she agreed that only 5 the Commissioners Court can create or eliminate a position. 6 She said this situation is unique because it hasn't happened 7 before, but she didn't say it couldn't happen; just that it's 8 only come up one time. 9 She also agreed that if Ms. Guerrero was put in 10 the position that you put her in at the end of the last 11 hearing, but if you hadn't taken the one step and say and 12 she's back in her -- to an E5 position, she would have no job 13 today, because that position is gone, and the County would 14 have found perfect grounds to say okay, you're reinstated to 15 an eliminated position. Thank you for working for us; you 16 don't have a job anymore. And you would not have the power to 17 go against the Commissioners Court and say no, you need to 18 recreate a position for her even though you eliminated it. 19 And all this stuff about how well, they 20 eliminated one position to get her, and the other 15 didn't 21 have people in them. Her position didn't have a person in it. 22 It was eliminated and it was just as empty as the other 23 positions. So your original order actually gave more relief 24 than she was probably entitled to by ordering that she stay an 25 E5. The order that should have been entered or can be entered TR-0270 115 1 now is the most relief you could have given was you get your 2 back pay because we don't think you should have been demoted, 3 you get your back pay up to the date that position was 4 eliminated, and you're in the position you would have been in 5 the day the position was eliminated, which means you don't 6 have a job anymore. Instead you gave her a job because you 7 knew you couldn't create a position that had been eliminated. 8 They rely on Rule 7.6.14 which has absolutely 9 zero applicability here. That rule is in the instance where 10 it has to be where a job exists to put a person in, because 11 you go back to the other rule in my brief of all the cases 12 that say you can't create a position. 7.6.14 has to work in 13 unison with the other rules that say you can't create 14 positions, but if there's no position there, you can't 15 reinstate her to one that doesn't exist. Those work together. 16 And so when they say well, ignore the fact that 17 the position is gone; you just order her back to somewhere 18 that doesn't exist and make Ms. Mares pay her all the money 19 she would have been paid, that makes no sense and it would 20 be -- it would make no sense for the County to operate that 21 way. For any employee that loses a job through attrition or 22 through eliminated positions to be able to come in here and 23 come up with some grievance and say well, the true reason was 24 they didn't like me, and have this Commission be able to say 25 yep, Commissioners Court, we're going to order her back. You TR-0271 116 1 may not have a position. You need to create one and you need 2 to keep paying her at the salary she had. That is well beyond 3 the power of this Commission or the court. 4 And as I said, they brought this to Judge 5 Sakai. And they thought that this -- they brought a Summary 6 Judgment to Judge Sakai. Judge Sakai looked at every issue 7 they've talked about here today. He looked at 7.6.14, he 8 looked at whether they can create jobs and give her her 9 position back, he looked at the County Commissioners and 10 whether they have the sole authority to create jobs, and he 11 looked at whether you have the authority to create jobs and 12 order her back to a position that's been eliminated. They 13 filed that in their Summary Judgment. 14 He reviewed it, he denied it entirely. He 15 found nothing that they argued was something that would 16 support him changing the decision you made. The only relief 17 he gave her was to send her back here and have another bite at 18 the apple to try to convince you that you can do something 19 that you can't. And there's been no evidence presented that 20 shows that you should change that original position. Other 21 than -- if you're going to change that original order, it 22 should be ordered that she's now back in her eliminated 23 position and she no longer has a job at Bexar County. 24 And it's -- oh, and the final thing they bring 25 up is this settlement. The settlement emphasizes beyond TR-0272 117 1 anything that the Commissioners control what we do. We 2 negotiated a settlement, we went to the Commissioners and we 3 said here's a settlement we've come up with. We're bringing 4 it to you because only you can decide. No one else can decide 5 whether to accept this and create a position or transfer her 6 to an old position. They would have had to create a position, 7 Commissioners Court, accept our offer to pay her back pay and 8 attorney's fees. They looked at it, they reviewed it in 9 executive session, and they said no, we're not doing that. We 10 have the power to and we're not exercising that power. We 11 have the sole power to do that and we're not exercising that 12 power. And so the Commissioners have all along stuck by your 13 ruling and haven't challenged that. They've upheld what you 14 ruled the first time as has every judge that's looked at it. 15 So we would ask that you uphold your original 16 ruling, you find nothing here has changed your mind. The law 17 certainly hasn't changed in three or four or for a hundred 18 years. And that you either reinstate your original ruling or 19 reinstate -- or instate a ruling that says we reverse your 20 demotion, you got your back pay to when your position was 21 eliminated, and erase the part that she remains at an E5 22 position, and simply let her be in a position she would have 23 been in had the eliminated position existed. 24 So I think those are the only two options you 25 have. You opted for the lesser of the two the first time. TR-0273 118 1 But I think those are the only two options and orders you can 2 make based on the law and what's been presented to you today. 3 MR. LOPEZ: I've just got one brief response is 4 we were set for trial before Judge Sakai. We hadn't had -- we 5 had not had a trial before Judge Sakai. So any talk of a 6 Summary Judgment Motion is just -- is just nonsense. You 7 know, and shouldn't bear on anything, because Peter Sakai -- 8 Judge Peter Sakai was going to have a trial on this. However, 9 Judge Sakai determined that hearing the evidence that we 10 presented, he said this needs to go back to the Commission, 11 because, Ms. Guerrero, you have material, important evidence 12 that would allow them to change their minds to change their 13 order -- because -- 14 MR. BROWN: Are you representing that you 15 didn't file a Summary Judgment, I didn't respond to it and the 16 judge denied -- did not issue an order denying it? 17 MR. LOPEZ: Ms. Elliott, I would ask that I be 18 allowed to -- 19 MR. BROWN: Speak the truth? 20 MR. LOPEZ: -- to finish -- to finish without 21 Mr. Brown interrupting me. 22 I didn't say we didn't file a Motion for 23 Summary Judgment. I'm saying that we had -- we had a trial 24 setting, and before that trial setting, Judge Sakai -- 25 MR. BROWN: Ruled on it. TR-0274 119 1 MR. LOPEZ: -- sent us back here. 2 MR. BROWN: No. That's a misrepresentation. 3 MR. LOPEZ: That is not true. 4 CHAIRPERSON ELLIOTT: Gentlemen, if you all 5 will address Commission. 6 Mr. Lopez, if you'll be brief. 7 MR. LOPEZ: Certainly. This case before it 8 came to you was still set for trial. There was a Motion for 9 Summary Judgment that was filed, but before we had a trial 10 before a judge, he sent it back to you because he found that 11 there was material evidence that you heard that could be a 12 basis for you to change your mind. 13 And we're asking you that after that evidence 14 and the unfairness of this case that you should change and 15 reward the relief that Ms. Guerrero is entitled to. 16 MR. BROWN: If I could respond the truth. An 17 order deny -- it's in my package. Order Denying Plaintiff's 18 Motion for Summary Judgment, April 17th, 2014. He doesn't say 19 I'm not ruling; he absolutely denies the whole thing. He did 20 not send us back here before that ruling. He sent us back 21 here after they asked for it following denial of the Motion 22 for Summary Judgment. He sent us back here on May 17th, 2014. 23 So that representation is 100 percent false. 24 MR. LOPEZ: You need to stop pointing at me. 25 MR. BROWN: No, I don't. TR-0275 120 1 CHAIRPERSON ELLIOTT: Gentlemen -- 2 MR. BROWN: Absolutely false. 3 CHAIRPERSON ELLIOTT: -- at this time we will 4 stop with the closing arguments. 5 It is now 11:35. At this time we will go into 6 executive session pursuant to Chapter 551 of the Texas 7 Government Code. 8 Thank you. We ask all the parties to exit at 9 this time and we will reconvene when we are done with 10 executive session. 11 MR. LOPEZ: Thank you, ma'am. 12 CHAIRPERSON ELLIOTT: Thank you. 13 (Short break). 14 CHAIRPERSON ELLIOTT: Okay. At this time it is 15 now 11:55, and we are returning from executive session. 16 At this time I'll ask that we call for a 17 motion. 18 COMMISSIONER GIMBLET: By unanimous decision, 19 the Civil Service Board has decided to uphold the decision 20 ordered on April 26th, 2012 in connection with Case Number 21 10-BCCS-022. 22 CHAIRPERSON ELLIOTT: Do we have a second? 23 COMMISSIONER ARRIAGA: And I second that 24 motion. 25 CHAIRPERSON ELLIOTT: And we'll vote. All TR-0276 121 1 those in favor of this decision vote yes by saying aye. 2 COMMISSIONER GIMBLET: Aye. 3 COMMISSIONER ARRIAGA: Aye. 4 CHAIRPERSON ELLIOTT: Okay. Time is now 5 12:57 -- 11:57. Excuse me. 6 I appreciate both parties going through this 7 process. 8 Ms. Guerrero we continue to wish you well. 9 MS. GUERRERO: Thank you. 10 END OF PROCEEDINGS. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TR-0277 122 1 CAUSE NO. 2012-CI-08758 2 CARMELLA GUERRERO, ) IN THE DISTRICT COURT Plaintiff ) 3 ) ) 225th JUDICIAL DISTRICT 4 vs. ) ) 5 INFORMATION TECHNOLOGY ) DEPARTMENT, ) 6 BEXAR COUNTY, TEXAS, ) Defendant ) BEXAR COUNTY, TEXAS 7 * * * * * * * * * * * 8 NO. 10-BCCS-002 9 CARMELLA GUERRERO, ) Employee ) 10 ) BEXAR COUNTY ) CIVIL SERVICE COMMISSION 11 vs. ) ) BEXAR COUNTY, TEXAS 12 INFORMATION TECHNOLOGY ) DEPARTMENT, ) 13 BEXAR COUNTY, TEXAS, ) Department. ) 14 15 REPORTER'S CERTIFICATE 16 STATE OF TEXAS ) 17 COUNTY OF BEXAR ) 18 I, DAWN FLIPPIN, Certified Shorthand Reporter in and for 19 the State of Texas, do hereby certify that the above and 20 foregoing transcript contains a true and correct transcription 21 of an audio recorded Bexar County Civil Service Commission 22 hearing held on August 21, 2014 in Cause Number 2012-CI-08758, 23 which recording was transcribed by me by stenographic means to 24 typewritten form to the best of my ability. 25 TR-0278 123 1 I further certify that I am neither counsel for, related 2 to, nor employed by any of the parties or attorneys in the 3 action in which this proceeding was taken, and further that I 4 am not financially or otherwise interested in the outcome of 5 the action. 6 Sworn to by me this 17th day of September, 2014. 7 8 9 10 _____________________________ 11 DAWN FLIPPIN, CSR #4045 Expiration Date: 12-31-15 12 DAWN FLIPPIN, CSR 13 200 Alcalde Moreno San Antonio, Texas 78232 14 210.383.2290 df-fiorino1046@att.net 15 16 17 18 19 20 21 22 23 24 25 TR-0279 TR-0280 TR-0281 TR-0282 TR-0283 TR-0284 TR-0285 TR-0286 TR-0287 TR-0288 TR-0289 TR-0290 TR-0291 TR-0292 TR-0293 TR-0294 TR-0295 TR-0296 TR-0297 TR-0298 TR-0299 TR-0300 TR-0301 TR-0302 TR-0303 TR-0304 TR-0305 TR-0306 TR-0307 TR-0308 TR-0309 TR-0310 TR-0311 TR-0312 TR-0313 TR-0314 TR-0315 TR-0316 TR-0317 TR-0318 TR-0319 TR-0320 TR-0321 TR-0322 TR-0323 TR-0324 TR-0325 TR-0326 TR-0327 TR-0328 TR-0329 TR-0330 TR-0331 TR-0332 TR-0333 TR-0334 TR-0335 TR-0336 TR-0337 TR-0338 TR-0339 TR-0340 TR-0341 TR-0342 TR-0343 TR-0344 TR-0345 FILED 9/2/2014 1:52:57 PM Donna Kay McKinney Bexar County District Clerk Accepted By: Brenda Carrillo 2012CI08758 CAUSE NO. 2012-CI-8758 CARMELLA GUERRERO, § IN THE DISTRICT COURT Plaintiff, § § VS. § 225TH JUDICIAL DISTRICT § BEXAR COUNTY CIVIL SERVICE § COMMISSION, § Defendant. § OF BEXAR COUNTY, TEXAS NOTICE OF FILING OF BEXAR COUNTY CIVIL SERVICE COMMISSION ORDER Defendant, Bexar County Civil Service Commission files the attached Order of the Commission per the Order issued May 7, 2014 by the Honorable Peter Sakai. Respectfully submitted, /s/Clarkson F. Brown Clarkson F. Brown State Bar No. 00798082 Assistant Criminal District Attorney - Civil Division 300 Dolorosa, Suite 5049 San Antonio, Texas 78205-3030 Telephone: (210) 335-3918 Telecopier: (210) 335-2151 cbrown@bexar.org ATTORNEY FOR DEFENDANT TR-0346 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing instrument has been filed electronically on September 2, 2014 and service on the following will be made by the filing system via email: Orlando R. Lopez The Lopez Law Firm 719 S. Flores, Suite 100 San Antonio, TX 78215 210-472-2100 210-472-2101 fax olopez@lopezscott.com Attorney for Plaintiff /s/Clarkson F. Brown Clarkson F. Brown 2 TR-0347 TR-0348 TR-0349 TR-0350 TR-0351 Exhibit'“C*1” Human Resources Policies Table of Contents 7.0 Introduction 7.1 Employment 7.1.01 Equal Employment Opportunity 7.1.02 Pre-employment Screening 7.1.03 In-Processing New Employees 7.1.04 County Identification Cards 7.1.05 Nepotism 7.1.06 Out-Processing Exiting Employees 7.1.07 Americans with Disabilities Act (ADA) 7.2 Compensation 7.2.01 Paydays 7.2.02 FLSA, Compensatory and Discretionary Time 7.2.03 Creating Positions 7.2.04 Position Descriptions 7.2.05 Filling Vacancies 7.2.06 Promotions and Temporary Promotions 7.2.07 Position Classifications and Requests for Changes 7.2.08 Transfers 7.2.09 Personnel Status Change Request (Status Form) 7.2.10 Longevity Pay 7.2.11 Demotion 1 ! TR-0352 7.3 Benefits Policies 7.3.01 Benefits Programs 7.3.02 Retirement 7.3.03 Family and Medical Leave Act 7.3.04 Worker’s Compensation 7.3.05 Modified Duty 7.3.06 Voluntary Reduced Time Schedules 7.3.07 Employee Assistance Program 7.3.08 Flexible Spending Accounts 7.3.09 VIA Transport Program 7.4 Employment Leave Benefits 7.4.01 Administering Leave 7.4.02 Vacation or Annual Leave 7.4.03 Sick Leave 7.4.04 Administrative Leave 7.4.05 Bereavement (Funeral Leave) 7.4.06 Military Leave 7.4.07 Jury and Witness Duty Leave 7.4.08 Unauthorized Absence 7.4.09 County Holidays 7.4.10 Sick Leave Pool 7.5 Employee Conduct 7.5.01 General Conduct 7.5.02 Sexual Harassment 7.5.03 Drug and Alcohol-Free Workplace 7.5.04 Confidentiality 7.5.05 Political Activity 7.5.06 Use of Government Property 2 ! TR-0353 7.6 Civil Service Commission Rules and Regulations 7.6.01 Introduction 7.6.02 Application of Civil Service Rules 7.6.03 Office and Department Policies 7.6.04 Sensitive and Excluded Positions 7.6.05 Change in Civil Service Status 7.6.06 Probation Periods 7.6.07 Posting Requirements for Vacancies 7.6.08 Certification of Position Descriptions 7.6.09 Reasons for Discipline 7.6.10 Progressive Discipline 7.6.11 Disciplinary Actions 7.6.12 Investigative Administrative Leave 7.6.13 Personal Grievances 7.6.14 Suspension, Demotion, Termination – Appeal and Hearing 7.6.15 Fitness for Duty Evaluation 7.7 Workforce Development 7.7.01 Performance Appraisal 7.7.02 Training and Development Program 7.7.03 Tuition Reimbursement 3 ! TR-0354 Introduction Policy Number: 7.0.0 Effective Date: January 1, 2007 The Human Resources Policies and Procedures contained herein summarize the personnel policies and procedures for all employees of Bexar County. Nothing in these Policies and Procedures is intended to create a contract, either expressed or implied, between Bexar County and its employees for either employment or any benefit. All of the Policies and Procedures herein are subject to the continuing approval of Bexar County Commissioners Court. If any ambiguity arises as to the meaning or interpretation of these Policies and Procedures, the ambiguity is resolved in favor of the County. The Policies and Procedures shall apply to all pertinent situations from the time of its adoption. Commissioners Court may alter, eliminate, or add to any of the provisions of the Policies and Procedures at any time and for any reason, and such alterations, eliminations, or additions shall apply to all pertinent situations from the time of their inception. For those offices and departments that may be governed by a separate board or appointed authority, these Policies and Procedures will serve as a guideline unless the appropriate authority elects to bind its employees to these policies. The Policies and Procedures will be available to all employees on the Bexar County Intranet, and a printed copy of the Policies and Procedures will be maintained by the Human Resources Division. 4 ! TR-0355 ! BEXAR COUNTY DEPARTMENT OF HUMAN RESOURCES Employment Policies 7.6.01 Equal Employment Opportunities 7.6.02 Pre-Employment Screening 7.6.03 In-Processing New Employees 7.6.04 County Identification Cards 7.6.05 Nepotism 7.6.06 Out-Processing Exiting Employees 7.6.07 Americans with Disabilities Act (ADA) 5 ! TR-0356 Policy No. 7.1.01 Equal Employment Opportunities Effective Date: September 1, 2009 Bexar County provides equal employment opportunities (EEO) to all employees and applicants for employment without regard to race, color, ethnicity, national origin, citizenship, gender, age, religion, political affiliation or beliefs, physical or mental disability, pregnancy status, veteran status, or any non-merit factor (except where such is a bona fide occupational qualification) in accordance with applicable federal, state, and local laws governing non-discrimination in employment. This policy applies to all terms and conditions of employment, including, but not limited to, recruitment, hiring, selection, placement, promotion, demotion, termination, layoff, rehire, benefits, transfer, leaves of absences, compensation, and training. Bexar County expressly prohibits any form of unlawful employee harassment based on race, color, religion, gender, national origin, age, disability, pregnancy status, or veteran status. Improper interference with the ability of County employees to perform their expected job duties is absolutely not tolerated. The County’s designated person for issues concerning Equal Employment Opportunity is the HR Manager. The HR Manager can be contacted at 211 S. Flores Street San Antonio, TX. 78204, (210) 335-2545. A Workforce Report and an Equal Employment Opportunity Plan and Policy are completed by the Human Resource Department staff biannually. A copy of the report is issued to offices and departments along with appropriate guidelines to assist hiring authorities in reaffirming the County’s commitment to providing equal opportunity to all employees and applicants. 6 ! TR-0357 ! Policy No. 7.1.02 Pre-Employment Screening Effective Date: January 1, 2007 In order to create a safe and secure workplace and to ensure that Bexar County employees are qualified to perform the jobs for which the County hires them, the County will conduct pre- employment screening for all employees. Verification of Eligibility to Work in the United States (Immigration Reform & Control Act of 1986) The County requires the verification of eligibility for all employees to work in the United States. All new employees must complete an I-9 Form and provide proof of employment eligibility. Human Resources will ensure that all new employees complete an I-9 Form and provide proof of employment eligibility as required by the I-9 Form. Acceptable forms of proof of employment eligibility are provided on the I-9 Form and include birth certificate, social security card, driver’s license or student identification card. Failure to Provide Proof of Employment Eligibility If an employee cannot present proof of eligibility to Human Resources on the employee’s first day of employment or within three (3) days of employment, then proof of application for the documents must be presented to Human Resources within three (3) working days. If an employee submits proof of application, the grace period will be extended to 90 days. At the end of 90 days, proof of eligibility must be presented. If not, failure to provide the documentation as required under the Immigration Reform & Control Act of 1986 will result in immediate dismissal. Any material misrepresentation of facts or failure to report pertinent data on the application form will also result in immediate dismissal. Pre-Employment Physical Prior to beginning employment, all employees must be scheduled for a pre-employment physical. Offices and departments must contact the Human Resources Division to schedule pre- employment physicals for all employees. Pre-employment physicals are conducted through an external agency. An employee who does not successfully complete the pre-employment physical may not continue with in-processing procedures. 7 ! TR-0358 Professional License and Educational Checks When a position requires an employee to have a professional license or certification in order to perform the job, Human Resources is available to assist in verifying such license or certification at the request of the hiring office or department. Mandatory Drug Screening for Safety-Sensitive Positions Employees filling safety-sensitive positions are required to submit to a controlled substance test and alcohol test prior to filling the position. Safety-sensitive positions are identified as such on the applicable position description for each office and department. The hiring office or department must inform applicants and employees if they are being considered for a safety- sensitive position. Any applicant for a safety-sensitive position who refuses to submit to a drug screening is disqualified from employment with Bexar County. Other Pre-Screening Checks Any other pre-screening checks, such as a criminal background check or a motor vehicle record check, will be conducted at the discretion of the hiring office or department. 8 ! TR-0359 Policy No. 7.1.03 In-Processing New Employees Effective Date: January 1, 2007 Bexar County wants to ensure that all newly hired and re-employed individuals are promptly informed about the County’s benefits program and human resources policies and procedures. To avoid any unnecessary delay in signing up for benefits and providing all required payroll information, the hiring office or department must ensure that all new employees report to Human Resources on their first day of work. The hiring office or department must ensure that the employee presents the original status form to Human Resources on their first day of work. During in-processing, Human Resources will provide the employee with information relating to the County’s benefits programs and insurance enrollment forms, as well as payroll information regarding retirement, social security, withholding taxes and other related information. The employee’s photograph will be taken at that time to be placed in the employee’s file maintained by Human Resources and used for a County Identification Card, unless the hiring office or department produces a separate Identification Card. The hiring office or department should inform the employee if there are additional in-processing procedures that will take place within the office or department. Employee Orientation The County expects that all offices and departments will encourage new employees to attend Employee Orientation provided by Human Resources. At Orientation, employees will learn about the history of Bexar County, County personnel policies and procedures, applicable state and federal laws, safety and security awareness, computer security policies, and other employee programs offered by the County. Enrollment for insurance coverage will also take place during employee orientation to ensure that new employees do not lose their opportunity to enroll in insurance programs. An orientation date will be provided to the employee at the time of in-processing. Offices and departments m ust contact Human Resources to schedule employees for orientation. 9 ! TR-0360 Policy No. 7.1.04 County Identification Cards Effective Date: January 1, 2007 In order to create a safe and secure workplace, Bexar County provides photo identification cards for all employees. Each employee is required to carry their County Identification Card (“ID card”) and have it readily available during working hours for presentation at security check points or when asked to produce identification. ! Employees shall not give or lend this card to another individual. ! It is a violation of policy to use this ID card to allow another person entry or exit from County buildings or other County property. ID cards are furnished by Human Resources. Human Resources will photograph all new employees and prepare the ID cards. A copy of the photograph will be kept in their personnel file maintained by Human Resources. Office and departments which provide their own identification cards shall notify Human Resources to prevent duplicate cards from being made and issued. Replacing Lost/Damages Cards A new ID card will be issued at no cost when the original card is damaged and returned. A fee will be charged to replace lost or stolen ID cards. If a new ID card is issued and the old card is recovered, the old card must be surrendered to the Human Resources Division. 10 ! TR-0361 Policy No. 7.1.05 Nepotism Effective Date: January 1, 2007 No person may work in an office or department where he or she would be related to the department head, elected/appointed official or supervisor within the second degree of affinity (marriage) or within the third degree of consanguinity (blood relation) who will be directly or indirectly under his/her supervision. This paragraph is consistent with the standards set out by Texas State law (V.T.C.A. Government Code Chapter 573 “Degrees of Relationship: Nepotism Prohibitions”). An employee’s relative in the first degree includes parents and children. An employee’s relative within the second degree includes brothers, sisters, grandparents and grandchildren. An employee’s relative within the third degree includes great-grandparents, great-grandchild, an aunt who is a sister of a parent of the employee, an uncle who is a brother of a parent of the employee, a nephew who is a child of a brother or sister of the employee, or a niece who is a child of a brother or sister of the employee Each individual office and department will be responsible for addressing violations of nepotism and preventing occurrences. ! 11 ! TR-0362 Policy No. 7.1.06 Out-Processing Exiting Employees Effective Date: January 1, 2007 Upon separation from employment with Bexar County under any circumstance, offices and departments shall ensure that employees turn in all County property and equipment (e.g., keys, car, cellular phone, computer, pager, radio, identification cards, etc.) that they have in their custody before receiving their final pay. If applicable, the property and equipment collected shall be returned to the office or department from which it was issued. The County will take all necessary steps to collect any money owed by the employee and to obtain the return of County property and equipment. Exit Survey Upon separating from employment with Bexar County, offices and departments may direct their employees to the Human Resources Division to conduct an exit survey. Information obtained from the exit survey is used to improve working conditions and retain employees. 12 ! TR-0363 Policy No. 7.1.07 Americans with Disabilities Act (ADA) Effective Date: September 1, 2009 It is the policy of Bexar County to abide by all provisions of the Americans with Disabilities Act. Bexar County will not discriminate against any individual who satisfies the skill, experience, education, and other job-related requirements of the position sought or held, and can perform the primary job tasks of the position, with or without reasonable accommodation. No mental or physical disability will be considered as a factor in satisfactorily performing a job/task except for those which are critical to the performance of such task. The County Human Resource Manager acts as the ADA Coordinator for all employment related (Title I) ADA issues. The ADA Coordinator can be contacted at 211 S. Flores Street, San Antonio, Texas 78204, (210)335-2545. ADA issues related to public access (Title II) are addressed in Bexar County Administrative Policy 2.7.01, ADA Notice and Complaint Procedure. ! 13 ! TR-0364 ! BEXAR COUNTY DEPARTMENT OF HUMAN RESOURCES Compensation Policies 7.2.01 Paydays 7.2.02 FLSA, Compensatory and Discretionary Time 7.2.03 Creating Positions 7.2.04 Position Descriptions 7.2.05 Filling Vacancies 7.2.06 Promotion and Temporary Promotion 7.2.07 Position Classifications and Requests for Changes 7.2.08 Transfers 7.2.09 Personnel Status Change Request (Status Forms) 7.2.10 Longevity Pay 7.2.11 Demotion 14 ! TR-0365 ! Policy No. 7.2.01 Paydays Effective Date: January 1, 2007 Pay checks or Notifications of Deposit (for those with direct bank deposit) for employees are distributed to the offices and departments on the 15th and the last day of each month. If the 15th or the last day of the month falls in a Saturday, Sunday or County holiday, pay checks or notifications of deposit will be distributed on the last workday prior to that day. For example, if the 15th falls on a Saturday, them the payday will be on Friday, the 14th. If the last day of the month falls on a Monday which is a County holiday, then the payday is the previous Friday. Changes to Pay, Withholding Exemptions, Direct Deposit Employees are required to immediately report any error of underpayment or overpayment in their pay to the County Auditor’s Office. Any changes in federal withholding exemptions or direct deposit information should be made with the County Auditor’s Office. 15 ! TR-0366 ! Policy No. 7.2.02 FLSA, Compensation & Discretionary Time Effective Date: January 1, 2007 (Revised July 10, 2007) The Fair Labor Standards Act (FLSA) is administered by the Department of Labor to prescribe standards for the basic minimum wage and overtime pay. Definitions Non-Exempt Positions- Positions that do not meet the criteria under the FLSA standard exemption test to be determined an exempt position. Exempt Positions – Positions determined to be a bona fide Executive, Professional, Administrative or Computer position as determined by the FLSA exemption tests. FLSA time- For employees in non-exempt positions, overtime hours for each period of time actually worked in excess of forty (40) hours in a workweek. Compensatory time – For employees in non-exempt positions, overtime hours in a workweek that do not exceed forty (40) hours actually worked for that week. Discretionary time – For employees in exempt positions, overtime hours worked in excess of the scheduled number of hours for that workweek. Non-Exempt Positions-FLSA and Compensatory Time All full-time regular employees are required to work no more than 40 hours a week except in cases of emergency as determined by each office and department. The FLSA considers all positions non-exempt unless the position is exempted by an FLSA exemption test. The Planning and Resource Management Department (PRM) determines the FLSA status following the FLSA standard exemption tests for each position. Overtime hours are calculated according to the exemption status. For employees in non-exempt positions, time shall be calculated as follows. ! Time and one half (1 ½) for each period of time actually worked in excess of forty (40) hours in a workweek. This time is accrued as FLSA time. Example: An employee in a non-exempt position works 42 hours in a 40 hour workweek. The two additional hours will be adjusted by 1 ½ for a total of three hours, or, three hours FLSA time. ! Any overtime hours worked in a workweek that do not exceed 40 hours actually worked will be calculated on an hour-for-hour basis and is accrued as Compensatory time. 16 ! TR-0367 Example: An employee in a non-exempt position works an additional hour on Monday for a total of nine hours that day. The employee works eight hour days on Tuesday, Wednesday and Thursday for a total of 33 hours Monday through Thursday. The employee utilizes available accrued leave on Friday. The overtime worked on Monday is credited as one hour compensatory time. It does not qualify as FLSA time since actual hours worked in the week was less than 40 hours. Maximum Accrual The maximum accrual of FLSA time for employees in non-exempt positions is 240 hours (160 overtime hours worked). Employees in non-exempt public safety positions may accrue up to 480 hours of FLSA time (320 overtime hours worked). Employees with FLSA time over the maximum accrual are eligible for payment of the excess amount. Reporting FLSA Accruals In order to assess the number of non-exempt employees approaching the maximum FLSA accrual limit, each month an FLSA report will be submitted to Commissioners Court identifying non-exempt employees with accrued FLSA balances between 199 and 240 hours for non-public safety positions and balances between 439 and 480 hours for public safety positions. Offices and departments with employees approaching the maximum FLSA limits are encouraged to take appropriate action to reduce such balances. Separation- Employees in Non-Exempt Positions Employees in non-exempt positions who retire, resign or otherwise separate employment with Bexar County are eligible to be paid for their FLSA and Compensatory time at the time of separation. Employees in non-exempt positions may request to use their FLSA time and compensatory time balances, upon notice of separation, immediately prior to their last day of employment if approved by the office or department , but in no event will more than 240 hours of accrued FLSA and compensatory time be permitted to be used at separation. Exempt Position and Discretionary Time The Human Resource department determines the FLSA status following the FLSA standard exemption tests for each position. Employees in exempt positions are not eligible to earn compensatory or FLSA time. Time actually worked in excess of the scheduled number of hours per workweek by an employee in an exempt position is called discretionary time and is earned on an hour-for-hour basis. For employees in exempt positions, time shall be calculated as follows: 17 ! TR-0368 ! Any overtime hours worked in excess of the scheduled number of hours for that workweek will be calculated on an hour-for-hour basis and accrued as Discretionary time. Maximum Accrual The maximum annual accrual of discretionary time for employees in exempt positions is 240 hours. Any discretionary time earned in excess of 240 hours will be forfeited on June 1st of every year. Balances in Excess of Maximum Accrual The maximum annual accrual for employees in exempt positions with a discretionary time balance in excess of 240 hours on the effective date of this policy is that higher amount. Any discretionary time earned in excess of that higher maximum will be forfeited on June 1st of every year, beginning June 1, 2007. These individual maximums will be reduced if a lower discretionary time balance exists on June 1st of every year until the remaining balance is at or below 240 hours, at which time the 240-maximum shall apply. Example: Jim is in an exempt position with a discretionary time balance of 400 hours on the effective date of this policy. He is permitted to have a maximum annual accrual of 400 hours on the following June 1st. Jim may continue to accrue discretionary time during the year, but on June 1, 2007 his balance will be reduced to 400 hours. If, on June 1, 2008 Jim’s discretionary time balance is 300 hours, this becomes his new maximum annual accrual amount. Continuing with the example, if Jim subsequently earns over 300 hours of discretionary time, on June 1, 2009 his discretionary time balance will continue to be reduced to 300 hours. This process of reducing the maximum annual accrual amount will continue for every employee in an exempt position with current accruals over 240 hours until all employees in exempt positions have a discretionary time balance at or below 240 hours. Separation-Employees in Exempt Positions Employees in exempt positions who retire, resign or otherwise separate employment with Bexar County are not eligible to be paid for discretionary time at time of separation. However, employees in exempt positions may request to use their discretionary time balances, upon notice of separation, immediately prior to their last day of employment if approved by the office or department, but in no event will more than 240 hours of accrued discretionary time be permitted to be used at separation. Compensable Time (Work Time) 1. Work Week The County work week is normally seven consecutive days beginning at 12:00 a.m. on Saturday and ending at 11:59 p.m. on Friday.!The typical schedule for regular full-time employees consists of eight-hour shifts from 8:00 a.m. to 5:00 p.m. on Monday through 18 ! TR-0369 Friday. Any exceptions to this policy must be approved by the individual office or department and must remain in accordance with the Fair Labor Standards Act. 2. Lunch and Breaks The County provides full-time employees with a one-hour unpaid lunch. Two paid 15 minute breaks daily may be scheduled at the discretion of the office or department based on business necessity. Lunch and breaks for part-time employees is determined by the office or department. 3. Training Time When an office or department requires or permits an employee to attend training during the employee’s regular work hours, the time is compensable time. If the training is outside of regular working hours, voluntary, and not directly related to the employee’s job, then the time is not considered compensable time. 4. Travel Time ! Travel during the work day. The employee commute to and from the work site is not considered compensable under travel time. ! Out of County travel - single day. Travel time for an out-of-County trip for a single day is considered hours worked (except for meal periods or time spent traveling from home to mode of public transportation, if applicable). ! Overnight travel. For travel time which involves an overnight stay, employees will only be compensated for their regular work hours, and not for overnight hours. Travel time on an airplane, train, bus or automobile outside of regular working hours is not counted as work hours. ! Overnight out-of-town travel is compensable time when it cuts across the employee’s workday. This is true for hours worked on regular working days during normal working hours and during the corresponding hours on nonworking days. For example, an employee regularly works from 8 a.m. to 5 p.m. from Monday through Friday. The employee travels on business to a location that requires two hours of travel time. The employee leaves Friday at 8 a.m., works the remainder of Friday and Saturday morning, and returns on Saturday at 2 p.m. The two hours of travel time on Friday and the two hours of travel time on Saturday are compensable time. 5. On-Call Any time spent responding to calls while on-call is hours worked. Hours spent by employees “engaged to wait” is considered compensable time. ”Engaged 19 ! TR-0370 to wait” means that the employee is required to stay on County premises or in close proximity so that the employee is not free to pursue their own interests. Hours spent by employees “waiting to be engaged” is not considered compensable time. “Waiting to be engaged” means that the employee is on-call and may use time for their own purposes but is accessible by phone or pager. Procedures Employee Responsibility 1. Employees must request and receive approval from their office or department to work hours over 40 hours per week or to earn compensatory or discretionary time. 2. Employees must request and receive approval from their office or department in order to use FLSA, compensatory or discretionary time. Requests must be in one hour increments. Office or Department Responsibility 1. Offices and departments must ensure that employees get pre-approval to work more than 40 hours per week. 2. Offices and departments must ensure that all compensatory or discretionary work time is approved. 3. Offices and departments must ensure that employees are being compensated according to FLSA provisions. 4. Offices and departments shall grant all employees the opportunity to use accrued FLSA, compensatory or discretionary time within a reasonable period of time provided it does not unduly disrupt the operation of work within the office or department. 5. Offices and departments must ensure that proper time records for all employees are being maintained. Time-keeping records are subject to audit by the County Auditor and the U.S. Department of Labor. 20 ! TR-0371 Accrual Chart Status Type Accrual Paid Maximum Annual Rate Accrual Non- FLSA 1:1.5 Yes, at separation or if 240 max is exceeded Exempt (more than 40 hours per week) Comp 1:1 Yes, at separation none (more than normal workday) Non- FLSA 1:1.5 Yes, at separation or if 480 max is exceeded Exempt (more than 40 hours per week) - Comp 1:1 Yes, at separation none Public (more than normal Safety workday) Exempt Discretionary 1:1 No 240 FLSA and Compensatory Payments The Fair Labor Standards Act (FLSA) allows public employers to elect to make overtime payments at any time and not affect the subsequent granting of compensatory time off in future workweeks. This section is not applicable to members of the collective bargaining unit. Buy Out – Change in Employment Exemption Status Employees moving from a non-exempt position to an exempt position will be paid for all accrued FLSA and compensatory hours upon the effective date of the status change. If the move involves a change in office or department, the exiting office or department will be charged for the amount of the payment of overtime accruals. 21 ! TR-0372 Buy Out – Movement to a New Office or Department Employees moving to a new office or department will be paid for all accrued FLSA and compensatory hours upon the effective date of the status change. The exiting office or department will be charged for the amount of the payment of overtime accruals. Buy Down – Exempt Employees For offices and departments with exempt employees with FLSA and compensatory balances, the offices and departments shall, during the month of June each year, submit a status form to the Auditor’s Office requesting payment to buy down the FLSA and compensatory balances. The offices and departments shall submit requests sufficient to bring balances to their lowest point but not to exceed 200 hours per eligible employee. The Auditor’s Office will pay the combined FLSA and compensatory time balances up to 200 hours per exempt employee per fiscal year. Once the payment has been made, the Auditor’s Office will inform Human Resources so that corresponding adjustments to the employee’s FLSA and compensatory time balances are made. Procedures for FLSA and Compensatory Payments Office or Department Responsibility 1. To reduce FLSA and compensatory balances, offices and departments may schedule employees to use or take accrued FLSA or compensatory time at specified times as directed to reduce account balances. 2. Offices and departments may require that FLSA time will be utilized first, compensatory time second and discretionary time third prior to utilizing any vacation leave. 3. Offices and departments must notify employees that their FLSA time earned as a non- exempt employee will be utilized first and compensatory time second prior to utilizing any discretionary time earned as an exempt employee. 4. Offices and departments with an employee moving from a non-exempt position to an exempt position must submit a status form to the Auditor’s Office listing all FLSA and compensatory time balances for payment, effective the date of change. Payment will be deducted from the existing office or department’s budget. 5. Offices and departments with an employee moving to a new office or department must submit a status form to the Auditor’s Office listing all FLSA and compensatory time balances for payment, effective the date of the change. Payment will be deducted from the exiting office or department’s budget. 22 ! TR-0373 ! Policy No. 7.2.03 Creating Positions Effective Date: January 1, 2007 A request from an office or department to create a position that does not currently exist in the County may be made during the annual budget process and by exception during the year. Commissioners Court must approve all positions authorized in the Bexar County Budget documents, or amendments to that document, including grant-funded positions. Types of Positions Regular - A position authorized by Commissioners Court as either full-time or part-time. Full-time positions are scheduled to work at least 32 hours per week and Part-time positions are schedules to work less than 32 hours per week. Temporary – A position paid for from temporary funds authorized by Commissioners Court during the annual budget process and not generally listed individually in the budget document. Temporary positions may either be full-time or part-time. Full-time positions are schedules to work at least 32 hours per week and part-time positions are schedules to work less than 32 hours per week. Individuals who occupy temporary positions may not work more than 900 hours per calendar year. Individuals filling temporary positions may not occupy the position for more than a twelve-month period. Job Share - A single position filled by two employees who each work half the scheduled hours per month of a regular full-time position. Commissioners Court must authorize the conversion of a regular full-time position into a job share position and must authorize the conversion of the job share position back into a regular part-time position. Procedures During the Annual Budget Process Offices and departments shall complete budget forms, Schedule D and Schedule E. These forms are available on the intranet site or by contacting Human resources. Completed Schedules must be submitted to Human Resources for review and analysis. The Human Resouse staff will classify the position, provide a cost estimate and draft a position description that will be forwarded to the office or department for review and approval. If Schedule D and Schedule E are submitted during the annual budget process, no further action is required and the request will proceed under the budget process. See Budget Manual for more details. 23 ! TR-0374 New positions approved during the budget process will be created in the County’s Human Resources Information System (CHRIS system) as soon as possible. Outside the Annual Budget Process If Schedule D and Schedule E are submitted outside of the annual budget process, Budget staff will notify the office or department of the recommendations and an agenda item must be prepared by the office or department for separate consideration by Commissioners Court. Grant positions must be presented to the Grant Review Committee after analysis and prior to Commissioners Court approval. Upon Commissioners Court approval, staff will have five (5) business days to create the position in the CHRIS system. Civil Service Designation Any newly created position in an office or department that is covered by Civil Service will have Civil Service status unless the office or department requests that Commissioners Court designate the position as sensitive. If Commissioners Court designates a position as sensitive, the office or department must submit a request to the Civil Service Commission that the position be exempted from Civil Service. 24 ! TR-0375 ! Policy No. 7.2.04 Position Description Effective Date: January 1, 2007 New Position descriptions or changes to existing positions descriptions for positions authorized by Commissioners Court require approval by Human resources.Position description for positions covered by civil service also require certification by the Civil Service Commission. Proposed Position Descriptions Each office or department must prepare a proposed written description of the duties and responsibilities for each position that is established or changed within their office or department. The proposed position description should be forwarded to the Compensation Section of Human Resources who will prepare the final Positions Descriptions. Contents of a Position Description A position Description consists of the following: ! Primary duties of the position ranked in order of the most important and most frequently performed to the least important and the least frequently performed. ! Responsibilities of the position which will affect the qualifications required to perform the work. ! Qualification requirements which will in part be determined by the responsibilities and duties; and ! The level of discretion and independent judgment with respect to matter of significance required to perform the duties of the position. While offices and departments may provide recommendations in these categories, final determination will be made by the Compensation Section of Human Resources. Maintenance or Accurate Descriptions Offices and departments are requires to maintain and review all position descriptions periodically to help ensure that the proper classification of positions is maintained. If the duties of positions or the mission of an office or department change, position descriptions should be changed to reflect current operations. All proposed changes must be reviews and approved by the Compensation section. Positions covered by Civil Service will also require approval by the Civil Service Commission. 25 ! TR-0376 ! Policy No. 7.2.05 Filling Vacancies Effective Date: January 1, 2007 Bexar County encourages all offices and departments to fill vacancies through competitive procedures. Regardless of civil service status, an office or department has the authority to determine the manner in which a vacancy will be filled. The office or department may rehire a qualified person with rehire eligibility based on civil service status, may promote a qualified employee, choose to demote an employee; select from a certified list of eligible persons provided by the Civil Service Commission or fill the position by reassignment or transfer of a qualified County employee. The office or department may recruit internally within the office or department or choose to recruit outside the office or department. Posting requirements and procedures for civil service positions are listed in Policy Number 7.6.07. Any office or department that is filling a vacancy, regardless of civil service status, may request to use the same posting procedures and screening process used by Civil Service. 26 ! TR-0377 ! Policy No. 7.2.06 Promotions and Temporary Promotions Effective Date: January 1, 2007 Promotion A promotion is defined as the movement of an employee from one classification to another classification with a higher pay grade. If movement is from one pay table to another pay table and the midpoint of the new grade is at least 8% higher, the movement is also considered a promotion. Determining Basic Eligibility All candidates who meet the minimum qualifications may be eligible for promotion. Qualifications for a position may not be modified after the promotion process has begun unless an inappropriate standard has been used through error or a revised standard of the position description requirements has been approved by the appropriate authority. Increase in Pay Promoted employees are eligible to receive an increase in base pay. The increase would affect the employee’s pay in one of the following ways to be determined by the hiring authority: 1. Promoting to Minimum New Pay Grade or 8% Increase Increase employee’s base pay to minimum of the new pay grade or increase base pay by an amount of 8% of their current salary, whichever is greater; 2. Promoting Above Minimum The employee exceeds the minimum requirements for the position if the candidate selected for promotion has additional education, experience or certification/skills to warrant a higher starting salary. “Hiring/Promoting above the Minimum” Forms must be completed with a copy submitted to the Compensation Section. a. Minimum to discretion Point. An office or department has the authority to set the salary for the candidate selected for promotion at any point between the minimum of the pay grade and the “discretion point,” without prior approval by Human Resources. b. Midpoint. With Human Resources approval, the office or department may set the salary for the candidate selected for promotion as high as the midpoint of the pay grade. 27 ! TR-0378 c. Available funds. The office or department must have funds available to set a salary above the minimum of the pay range. Temporary Promotions An office or department may make a temporary promotion. Temporary promotions are generally the most appropriate means of meeting a situation requiring the temporary service of an employee in a higher-grade position and typically used when a position is in a long-term vacancy status such as unpaid leave of absence or extended military leave. Temporary promotions are not appropriate, however, primarily for training or evaluating an employee in a higher-grade position. Duration A temporary promotion may end at any time at the discretion of the office or department. A temporary promotion that is expected to last more than 120 days must follow policy 7.2.05 Filling Vacancies, and thereafter may be extended to one year with a two year maximum, if circumstances require; if policy 7.2.05 Filling Vacancies is not used, a temporary promotion is limited to 120 days or less. If additional time is needed for a temporary promotion, a request may be submitted to Commissioners Court or the Civil Service Commission, as appropriate, for approval. Notice and Documentation The office or department must notify the employee in advance and in writing that the promotion is a temporary promotion, the reasons that make it a temporary promotion and that the employee will be returned to their regular position one the temporary probation period had expired. Status Form The office or department must complete and submit an original status form reflecting any promotion to the Auditor’s Office with copy to be provided to the Human Resource Division, 28 ! TR-0379 ! Policy No. 7.2.07 Position Classification and Request for Changes ! Effective Date: January 1, 2007 Bexar County has a classification system for sorting positions according to similarities and differences in duties, responsibilities and qualification requirement. Under this classification system, positions are first sorted into occupational groups and each of these groups is divided into series of classes. Each series is then divided into classes and each class placed in it appropriate grade. ! Classification is defined as the process of comparing the duties and qualifications of a position And assigning the position to the appropriate category (job), title (position) and pay grade (level). ! Grade is defined as all classes of positions which are sufficiently equivalent in level of difficulty and responsibility, and level of qualification requirements of work. Human Resources are responsible for maintaining the classification system and for recommending any changes to the classification or grade of a position. Request for Changes A change in the grade of a position is called a Re-Grade and a change in a position due to new and fundamentally changed duties being performed is called a Reclassification. All Re-Grades and Reclassifications must be approved by Commissioners Court. Re-Grades Positions may be re-graded on a County-wide basis based on the results of market studies conducted by Human Resources. While re-grade request may be submitted at any time, they are generally considered only during the budget process unless an immediate business necessity exists. Offices or departments must submit a request to Human Resources to re-grade a position. Such as the uniqueness of the position and the current market conditions. Human Resources will coordinate and notify offices and departments regarding analysis and recommendations of proposed re-grades to a position. ! 29 ! TR-0380 Reclassifications Positions reclassifications may occur when fundamental changes in the position duties have occurred over time and are the result of planned business changes, organizational restructuring or changes in a program mission. Reclassifications will only occur when a position’s job responsibilities have changed significantly in level and/or scope over an extended period of time compared to the duties listed on the position description. Offices and departments may submit reclassification requests at any time during the year but will be considered for approval during the annual budget process. The reclassification request should be made by completing a Schedule F (available through Human Resources) and submit the completed schedule along with any supporting documentation to the Compensation Section of Human Resources. The Compensation Section may Contact the office or department to conduct a position audit with the incumbent employee. If the Compensation Section determines that a reclassification is merited, they will calculate the employee’s new salary based on the current method of range penetration and perform a cost analysis and determine funding for the recommended action. Status Form The office or department must complete and submit an original status form reflecting any changes in grade or classification of an employee’s position to the Auditor’s Office with a copy to be provided to the Human Resources. 30 ! TR-0381 ! Policy No. 7.2.08 Transfers Effective Date: January 1, 2007 A transfer is defined as the lateral movement of an employee from one classification to another classification with the same pay grade, or when the difference between the current midpoint and the midpoint of the new position is less than*%. The employee selected for the vacancy must meet the minimum qualifications of the position. ! Transfers between offices and departments require adherence to Policy 7.2.05 Filling Vacancies. ! Transfers within an office or department do not require adherence to Policy 7.2.05 Filling Vacancies. Transfers are not disciplinary actions and are to be done at the discretion of the office or department according to their business needs. Status Form The office or department must complete an original status form reflecting any transfer to the Auditor’s Office with a copy provided to the Human Resource Division. 31 ! TR-0382 ! Policy No. 7.2.09 Personnel Status Change Request Effective Date: January 1, 2007 A personnel status change refers to any change that affects the title, table, grade, salary, or fund of a position and an employee. All personnel status changes must be submitted to the Auditor’s Office on a Status Form. All original Status Forms are submitted to the Auditor’s Office for processing, with a copy provided to Human Resources. Future Changes Only Status changes are effective on the first day of the pay period in which the Status Form is submitted to the Auditor’s Office or for a future pay period. Status Forms may not be effective retroactively for prior pay periods. Employee Movement between Offices and Departments Any Employee who moves from their current office or department to a new office or department in the County must notify the existing office and the incoming office or department of the employee’s current position and the future position. Either offices or departments should coordinate regarding a transfer date. Existing office or department is responsible for notating on a Status Form that the employee is transferring to another County office or department and that the employee must be removed from their payroll. Incoming office or department is responsible for submitting a Status Form placing the employee into their new position with the correct position information and salary. Failure to Complete a Status Form Failure to timely submit a Status Form may result in an employee’s loss of benefits for 60 days, the premature payment of leave balances which then zeroes out those balances, and the loss of seniority benefits accrual. 32 ! TR-0383 ! Policy No. 7.2.10 Longevity Pay Effective Date: January 1, 2007 Bexar County has established Longevity Pay to recognize employees for their continued service with the County. Longevity Pay is awarded monthly to all regular, full-time employees, excluding Elected Officials, in the amount of $60 per year, for each full year of continuous employment as of September 30th up to a maximum of 25 years. Increases are effective on the first payday in November. Temporary employment with the County will be credited if there is no break in service prior to becoming a regular, full-time employee. Forfeiting Longevity Time Employees who voluntarily terminate their employment with the County but return at a later date forfeit all longevity time previously credited and will commence as a new employee except as described below. Reinstating Longevity Time Involuntary Termination Longevity time will be reinstated when the break in service is within five (5) years and the result of involuntary termination was caused by a change in administration or loss of funding for a program, department or office. Voluntary Termination Longevity time will be reinstated when the break in service was voluntary and the employee returns within sixty (60) days, provided that the employee resigned in good standing. 33 ! TR-0384 ! Policy No. 7.2.11 Demotion Effective Date: January 1, 2007 A demotion is defined as the movement of an employee from one classification to another classification with a lower pay grade. If movement is from one pay table to another pay table and the midpoint of the new grade is at least 8% lower, the movement is also considered a demotion. A demotion may be voluntary, involuntary, or the result of disciplinary action. Decrease in Pay Demoted employees will receive a decrease in base pay. The decrease will be determined by the hiring authority, and the employee’s new base pay will be either 8% less than their current salary or the maximum of the new grade, whichever is lower. Notice of Demotion The office or department must notify the employee of the demotion in writing prior to the effective date. The letter should include the employee’s new position description, notification that their base salary will be decreasing and the date it will be decreasing. Involuntary Demotion An involuntary demotion is not initiated by the employee and may be the result of changes to the organizational structure. Employees demoted as a result of an organization restructure will maintain their current pay at the time of the demotion for one year. After one year, the new base pay will be reduced by either 8% less than their current salary or the maximum of the new grade, whichever is lower. If an employee is involuntarily demoted as a result of a disciplinary action, refer to Policy 7.6.11 Disciplinary Actions. The Auditor’s Office should contact Human Resource for the calculation of the new salary. Human Resources will notify the office or department regarding the new salary, and the office or department must notify the employee of the new salary. Voluntary Demotion A voluntary demotion is initiated by an employee who applies for or requests to fill a position in a lower grade and is selected. Employees who are selected for a position in a lower grade will have their base salary reduced to either 8% less than their current salary or the maximum of the new grade, whichever is lower. Status Form The office or department must complete and submit an original status form reflecting any demotion to the Auditor’s Office with a copy to be provided to the Human Resources Division. 34 ! TR-0385 ! BEXAR COUNTY DEPARTMENT OF HUMAN RESOURCES Benefits Policies 7.3.01 Benefits Programs 7.3.02 Retirement 7.3.03 Family and Medical Leave Act 7.3.04 Worker’s Compensation 7.3.05 Modified Duty 7.3.06 Voluntary Reduced Time Schedules 7.3.07 Employee Assistance Program 7.3.08 Flexible Spending Accounts 7.3.09 VIA Transport Program 35 ! TR-0386 Policy No. 7.3.01 Benefits Programs Effective Date: January 1, 2007 The County offers Group Insurance Programs on a voluntary basis to eligible employees, retirees, and their dependents. While it is expected that benefits will continue, Commissioners Court reserves the right to change the insurance programs or discontinue them at any time. Determination of eligibility and details of the Group Insurance Programs may be obtained by contacting Human Resources at 335-2545. Group insurance programs offered include: ! Health insurance ! Dental insurance ! Vision care insurance Enrollment Offices and departments shall ensure that all newly hired or rehired regular employees attend New Employee Orientation at their first opportunity following their first day of employment. An overview of the insurance programs offered to employees is discussed at that time. New Employee Orientation is held at the Bexar County Training Center, located at 232 Iowa Street. Offices and departments must contact Human Resources to schedule employees for orientation. All regular full-time employees working a minimum of 32 hours per week are eligible to enroll in the group insurance program of their choice. Eligible employees must enroll in the group insurance programs of their choice within 31days of hire. Employees in a job-share program are also eligible to enroll in the group insurance program of their choice but must contact Human Resources to determine cost for each person in the job share. Enrollment in group insurance programs of their choice must be made within 31 days of hire. ! Employees with 30 days of continuous service in a part-time or temporary position immediately prior to becoming a full-time regular employee are eligible to enroll in the group insurance program of their choice on the date of the status change. The effective date for group insurance coverage for newly hired, rehired and newly eligible regular employees, including elected and appointed officials, will be the first day of the calendar month following 30 days of employment, provided that enrollment materials have been properly completed and submitted to Human Resources. 36 ! TR-0387 ! If an elected or appointed official was insured by the County as an active employee or retiree on the day prior to the first day of the official's term or the official's first day in office, coverage will begin on the first day in office. The effective date for dependents is as follows: ! The date the employee or retiree is eligible for coverage, if he or she has dependents who are also eligible for coverage on that date; or ! The date of the employee's marriage for any dependent acquired on that date; or ! The date of birth of the employee's natural-born child; or ! The date a child is placed for adoption under the employee's legal guardianship, or the date which the employee incurs a legal obligation for total or partial support in anticipation of adoption; or ! The date a covered employee's child is determined to be eligible as an alternate recipient under the terms of a medical child support order. The coverage selected will remain in force until the next open enrollment period. Employees may not change their coverage before that time, unless their family situations change by means of marriage, divorce, death of a spouse or child, birth, adoption or change in dependent status of a child, or a change in spousal employment. Consequently, employees may not add or delete dependents or change insurance coverage, except during open enrollment or as outlined above. Coordination of Benefits Employees and eligible dependents who are insured with any Bexar County Medical Plan must complete and submit a Coordination of Benefits Form to the insurance carrier or contact their customer service department with information regarding any other medical coverage information. This will prevent duplication of coverage, which may result in cost increases for medical coverage. Coordination of Benefits is coordinated with benefits provided by other plans under which you or your dependent are also covered and does not apply to any individual policies. Additional information can be obtained in Human Resources or in your Summary Plan Description for your medical plan. Double Coverage Prohibited No individual may be simultaneously covered as both an employee or a retiree and a dependent. If both parents are eligible for coverage, only one may enroll for dependent coverage. 37 ! TR-0388 Benefits Continuation The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) provides for continuation of medical, vision and dental coverage for covered participants should a qualifying employee or dependents covered under the plan become ineligible for coverage as a result of the employee's termination or death, a divorce or legal separation of employee and spouse, or the employee's dependent child ceases to be a dependent child under the applicable requirements of the plan. Regular full-time employees may continue their participation in group insurance programs during an approved leave of absence, providing arrangements are made in advance with Human Resources. Employees in an unpaid status are responsible for paying the County’s portion as well as the employee portion in order to continue coverage. If the employee is in an FMLA status or receiving Worker’s Compensation benefits, only the employee premium is required to continue coverage. Employees who retire in accordance with the provisions of the Texas County & District Retirement System and who were covered as active employees under a group insurance program in effect at the time of retirement are eligible to retain certain insurance coverage. Additional Benefits Employees may enroll in supplemental insurance plans such as Cancer, Critical Illness, Personal Accident, Short and Long Term Disability Insurance and additional Life Insurance. Life Insurance Bexar County offers life insurance to regular full-time and part-time employees at 1 times the employee’s salary up to $200,000. IRS regulation requires the County to include the cost of life insurance coverage above $50,000 as taxable income to the employee. Employees can also purchase additional life insurance policies through the County. Procedures Employee Responsibility 1. Employees are responsible for paying required premium contributions for themselves and dependents. 2. Employees who are on approved periods of unpaid leave are responsible for making all premium payments directly to the County. Unless the employee is out on workers compensation or Family and Medical Leave (FLMA), the employee is responsible for paying both the employee premium and the County’s contribution. If unpaid, coverage will end on the first of the month following 30 days of no payment. 38 ! TR-0389 3. Employees are responsible for making coverage changes during annual enrollment periods. 4. Employees must submit a Benefits Change Form along with the appropriate documentation to Human Resources within 31 days of the qualifying change in family status event. Retiree Responsibility 1. Retirees are responsible for paying required premium contributions for themselves and dependents directly to the County. If unpaid, coverage will end on the first of the month following 30 days of no payment. 2. Retirees may only maintain coverage in the insurance plan in which they were enrolled at the time of retirement. Once removed from an insurance program, a retiree may not re- enroll. 3. Retirees may drop dependents at any time. 4. During an open enrollment period, retirees may only change benefit plan selections. Office and Department Responsibility 1. Offices and departments should be familiar with and be able to refer employees to current Summary Plan Documents for details regarding all benefits plan offered to employees. Summary Plan Documents are available from Human Resources and the County’s Intranet website. 2. Offices and departments are required to ensure that newly hired or re-hired regular employees attend New Employee Orientation. An overview of the County and the benefits offered to employees are discussed at that time. Fraud or Misrepresentation Employees, retirees, and dependents who commit fraud or misrepresentation with regard to the use of group insurance plans could lose coverage as outlined in the respective benefit plan documents. In addition, the County will report all suspected cases of fraud to the District Attorney and seek appropriate action. 39 ! TR-0390 Policy No. 7.3.02 Retirement Effective Date: January 1, 2007 The Texas County and District Retirement System (TCDRS) provides pension benefits for regular full-time and part-time County employees. Effective upon employment, County employees are automatically enrolled in TCDRS and contribute a mandatory seven percent (7%) of their annual salary to TCDRS. The County provides matching contributions at a 2 to1 ratio. Retirement eligibility can occur when one of the following requirements are met: ! Age of 60 with 8 years of service ! Rule of 75 (age plus years of service equals 75) ! Any age with 20 years of service Other benefits of the Bexar County Retirement Plan include a Survivor Annuity Death Benefit, a Military Service Benefit, and a Partial Lump Sum Payment Benefit. Information regarding retirement benefits can be obtained by contacting the Human Resources Division or attending a retirement seminar offered by the County Auditor’s Office. Deferred Compensation Retirement Programs Employees may register for additional 457 deferred compensation retirement programs any time during the year. Information regarding 457 deferred compensation retirement programs and providers is available from Human Resources. ! 40 ! TR-0391 Policy No. 7.3.03 Family and Medical Leave Act Effective Date: January 1, 2007 (Revised January 26, 2010) All FMLA Forms (PDF) Listing of Individual Forms Bexar County (the County) is committed to providing Family and Medical Leave to eligible employees in accordance with the Family and Medical Leave Act (FMLA) of 1993 (as amended). The FMLA prohibits any Bexar County employee, office, or department from: (a) interfering with, restraining, or denying the exercise of any right provided under the FMLA; and (b) discharging or discriminating against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA. This policy is intended to explain benefits available to eligible employees under the FMLA. It is not intended to create any rights to leave beyond those created by the FMLA. If an employee would like additional information on the FMLA, please contact your office/department’s HR representative or HR Central. Under federal law, this policy applies to all County offices and departments. If this policy deviates from federal law, the law supersedes this policy. This policy is intended to serve as a general guide for the employee, supervisor, and office/department’s HR representative. Definitions and supplemental documents begin on page 7. This policy and all forms are available on the internet at http://www.bexar.org I. FMLA Job Protections The use of Family and Medical Leave shall not be considered negatively or held against the employee as it relates to performance appraisals, promotional considerations, or any other employment facts. Offices/departments shall not interfere with, restrain, or deny employees their rights under this policy; nor shall an employee be discharged or discriminated against based on the employee’s use of FMLA or the filing of a grievance or charge related to this policy and the Family and Medical Leave Act. Offices/departments shall apply this policy equally to all employees and shall not grant greater leave benefits to one employee over another. II. Eligibility An employee is eligible for Family and Medical Leave if they have been employed by the County for at least 12 months and have worked at least 1,250 service hours at the County over the previous 12 month period preceding the commencement of the leave. 41 ! TR-0392 III. Qualifying Reasons Under the FMLA, eligible employees may take up to 12 weeks of unpaid leave (paid leave must be taken concurrently when paid leave balances are available) within the designated 12 month period (see anniversary date/year definition) for any of the following: 1. For incapacity due to pregnancy, prenatal medical care, or child birth; 2. To care for the employee’s child after birth or placement (for adoption or foster care); 3. To care for the employee’s spouse, child, or parent, who has a serious health condition; 4. For a serious health condition that makes the employee unable to perform his or her job; or 5. For a qualifying exigency. Eligible employees may take up to 26 weeks of unpaid leave (paid leave must be taken concurrently when paid leave balances are available) in the designated 12 month period (see anniversary date/year definition) for the following: 6. To care for a covered service member with a serious injury or illness (if the employee is the spouse, child, parent, or next of kin of the service member) and/or 7. To care for a veteran who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness, who was a member of the Armed Forces (including members of the National Guard and Reserves) at any time during the 5 years preceding the date of treatment, recuperation, or therapy, and who is a the employee’s spouse, child, parent, or the service member’s next of kin. IV. Procedures Request for Leave Requests for Family and Medical Leave must be made to the employee’s immediate supervisor, providing as much notice as practicable. A Request for Family and Medical Leave form (Form A; attached) must be completed for each request for FMLA leave. Whenever leave is foreseeable or planned, an employee must notify his/her office/department and submit a Request for Family and Medical Leave form (Form A) 30 calendar days in advance of the effective date of the leave. For exigencies, unforeseeable, and/or emergency situations, an employee must comply with their office/department’s normal call-in procedures and the Family and Medical Leave Request form (Form A) should be submitted as soon as practicable. The employee and the office/department shall communicate and coordinate all matters involving an FMLA occurrence with each other. 42 ! TR-0393 Designating FMLA Leave It is the responsibility of the supervisor to preliminarily designate an employee’s leave as FMLA qualifying and to give verbal notice of this preliminary designation to the employee. The supervisor may confer with HR Central, if necessary, in making this determination. The Request for Family and Medical Leave form (Form A) and a Certification of Health Care Provider (Form B or Form C; attached) may be sent to the employee to help provide sufficient information when designating FMLA leave. Preliminary FMLA designation must be based on information provided on the Request for Family and Medical Leave form (Form A), from information provided by the employee (written or verbal), or the employee’s spokesperson if the employee is incapacitated (such as his/her spouse, adult relative, or doctor). Offices/departments have the right to designate an eligible employee’s Family and Medical Leave qualifying absences as part of an employee’s 12 week entitlement of FMLA in the absence of direct employee communication. The employee must be notified by the office/department that he/she has been placed on FMLA by the office/department. In certain circumstances, the supervisor may require additional information to make the determination that a leave qualifies as FMLA. Supervisors should not contact medical staff directly, but should coordinate through the office/department’s HR contact or HR Central. HR Central may be contacted for additional assistance/information as needed. It is also the responsibility of the supervisor to verbally notify the employee or the employee’s spokesperson within five business days of the employee's request for leave that paid leave will be provisionally designated as FMLA leave. The supervisor should notify the office/department’s timekeeper once this verbal notice has been provided. The office/department will mail written notification to the employee's address of record. This written notification should be sent to the employee within 7 calendar days of the employee’s request for leave. The employee's supervisor may require the employee to contact him/her on a periodic basis regarding the employee's status and intention to return to work. The employee must be notified of such requirement in writing when the employee provides notice of the need for FMLA leave or when the employee is placed on FMLA by the County for a known FMLA qualifying reason. Emergency Situations Employees who have the sudden onset of a serious health condition for themselves, spouse, child, or parent and are not available to complete the necessary paperwork will have the absence automatically designated as FMLA leave. A notification letter and a Certification of Health Care Provider (Form B or Form C) will be mailed to employee’s address of record within seven ( 7) calendar days of the FMLA leave designation. The Certification of Health Care Provider (Form B or Form C) must be completed by the employee’s or family member’s physician and 43 ! TR-0394 returned to the office/department’s HR contact within 15 calendar days. Supervisors are responsible for notifying the office/department’s HR contact of these emergency situations. If an employee receives an “invitational travel order” (ITO) or “invitational travel authorization” (ITA) because of the immediate need for the employee to be at a covered service member’s bedside, the submission of the ITO or ITA, in lieu of the Certification of Health Care Provider is sufficient certification for FMLA leave during the time period designated in the ITO or ITA. If the covered service member’s need for care extends beyond the expiration date specified in the ITO or ITA, the employee must provide a Certification of Health Care Provider (Form C) for the remainder of the leave period. Medical Certification Employees shall be required to provide medical certification to their office/department designated representative as soon as practicable to support a request for FMLA leave. A Certification of Health Care Provider (Form B or Form C) may be used. Certification must support the need for the leave and set forth the beginning and expected ending dates of the leave. The certification must include: 1. a summary of medical facts pertaining to the qualifying family or medical event, 2. an estimate of the amount of leave time necessary to provide care or the anticipated schedule for medical treatments, and 3. an identification of the essential functions the employee is unable to perform due to the qualifying family or medical event. A Certification of Health Care Provider (Form B or Form C) is not required when the serious health condition is due to a work-related injury. Employees have up to 15 calendar days from the date of the initial request to submit the medical certification. Employees may request additional time to provide the medical certification due to special circumstances with proper and timely notice to the office/department. If an employee fails to provide any required certification within 15 calendar days, the County may deny leave until the certification is provided. If certification is submitted, but it is incomplete, the employee will be given seven calendar days to correct. If additional information is needed, the office/department’s designated representative (not the supervisor) may contact a health care provider to authenticate a medical certification. If requested, the employee must give permission for HR Central to contact the health care provider for clarification or to authenticate the certification, or the employee will forfeit their FMLA rights. The County may require the employee to obtain a second opinion for medical certification except for certifications for covered service members. If a second opinion is requested, the County will cover the costs. Pending receipt of the second opinion, the employee will be provisionally entitled 44 ! TR-0395 to FMLA leave. In addition, the second opinion must be provided by a health care provider not employed on a regular basis by Bexar County. If the initial and second opinions conflict, the County may request a third and final opinion. This opinion is final and binding and at the County's expense. The third opinion must be provided by a health care provider approved jointly by HR Central and the employee. An employee may be required to submit subsequent certifications no more frequently than every 30 calendar days unless an extension or modification of leave is requested, changed circumstances occur regarding the serious health condition or information arises that questions the validity of the earlier certification. A new certification must be submitted every designation year. If an employee requests to take FMLA leave in order to care for a family member, the employee may be required to provide reasonable documentation confirming a qualifying family relationship. If the employee does not provide the requested medical certification within the identified timelines, FMLA job protections may be invalidated in accordance with the FMLA rules and this policy. Duration of Leave Eligible employees are entitled for up to a maximum of 12 work weeks (26 weeks for the care of a covered service member) during the 12 month period for a FMLA qualifying event. The 12 month period is defined by the anniversary date/year. Multiple reasons for FMLA leave within the same 12 month period are not eligible for additional 12 week entitlement. An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered service member shall be entitled to a total of 26 weeks of leave during a 12 month period to care for the service member. The employee shall only be entitled to a total of 26 weeks for all FMLA qualifying events in any one 12 month period (see anniversary date/year). Eligible employees scheduled to work 40 hour work weeks will be eligible for 480 hours (1040 hours for the care of a covered service member) of FMLA leave each 12 month period. Eligible part-time employees will receive the 12 week entitlement calculated on a proportional basis. For example, if an employee normally works 24 hours per week, the employee is entitled to 24 hours per week for 12 weeks (288 hours) of FMLA leave each 12 month period. When both spouses are employed by Bexar County, they are entitled to a combined maximum total of 12 work weeks of leave for the birth and/or care of a newborn child of the employee or placement with the employee of a son or daughter for adoption or foster care, which requires an absence from work. Leave for birth or placement for adoption or foster care must conclude within 12 months of the birth or placement. When both spouses are employed by Bexar County, they are entitled to a combined total of 26 weeks of leave, if the leave is to care for a covered service member with a serious injury or illness. 45 ! TR-0396 Use of Accrued Paid Leave Hours Bexar County requires the concurrent use of accrued and available paid leaves in conjunction with FMLA leave. This concurrent use of available leave must be taken in the following order: sick, vacation, holiday, FLSA time, compensatory time, and discretionary time. When and if the employee’s accrued paid leaves are exhausted, the employee may take the remainder of their FMLA entitlement on an unpaid status. Benefits during Leave The employee’s use of FMLA leave will not result in the loss of any privilege or benefit provided by the County or office/department policy or established practice that occurred or accrued prior to the start of the employee’s leave. However, benefit accruals such as vacation, holiday, and sick leave will be suspended during any unpaid leave. Bexar County will continue to pay its portion of any group health insurance benefits during FMLA leave on the same terms as if the employee had continued to work. Insurance coverage is subject to the specific provisions of each insurance policy/plan. The employee will be responsible for payment of employee’s portion of premiums, if applicable. Non-payment of premiums will result in cancellation of any health and insurance plans. If the employee has accrued leave balances to cover his/her FMLA leave, the employee will continue to accrue paid leave benefits including sick, vacation, and holiday leave. If the employee does not have the necessary accrued leave balances, the employee will be placed in an unpaid leave status. During an unpaid leave of absence, employee payroll deductions and employer contributions for the deferred compensation plans and the Texas County and District Retirement System (TCDRS) will stop. Employee contributions to TCDRS made on the basis of temporary income benefits received through Workers' Compensation will still be deducted. Return to Work Offices/departments shall reinstate an employee who returns to work on or before the expiration of FMLA leave to their position or a comparable position at a pay rate not less than the former pay rate. In cases of the employee’s own serious health condition, the employee may be required on or before the date he/she returns to work to provide a certification from a health care provider confirming the employee is able to return to work and perform the essential functions of his/her position. If an employee is unable to perform the essential functions of his/her job or work, he/she may be placed in a modified or light duty capacity as defined in Modified Duty Program Policy 7.3.05. 46 ! TR-0397 Intermittent or Reduced Leave Schedule FMLA leave may be taken intermittently or on a reduced leave schedule only if medically necessary, to address qualifying exigencies, to care for a covered service member, or for other reasons with County approval. There must be a medical need for intermittent/reduced leave and the need must be such that it can best be accommodated through an intermittent/reduced leave schedule. If leave is requested on an intermittent or reduced basis for planned medical treatment, the County may require the employee to transfer temporarily to an available alternate or part-time position (with equivalent pay and benefits that better accommodates the employee’s intermittent/reduced leave schedule) or a schedule which better accommodates intermittent or reduced periods of absence. Employees on an intermittent leave schedule must follow regular leave procedures found in Employee Leave Benefits policies and the standard leave requirements of the office/department. In the case of a request for intermittent or reduced leave schedule which is medically necessary, an employee shall advise his/her supervisor of the reasons for the request and of the schedule for treatment if applicable. Employees requesting intermittent leave or reduced leave schedule must make a reasonable effort to schedule medical treatments and appointments to cause the least disruption to the office/department’s work schedule. FLSA exempt employees who work intermittent or reduced schedules under this policy, and use unpaid leave hours to cover the balance of their FMLA leave period, will not be paid for hours not worked. Under these circumstances, the exempt employee’s regular salary will be reduced when partial days are taken off or for working on an intermittent schedule without affecting their exempt status. Exempt employees do not lose their exempt status under the Fair Labor Standards Act by using any unpaid FMLA leave. Repayment of Insurance Premiums If an employee does not return from FMLA leave, the County can require reimbursement of health premiums paid by the County for employee coverage when an employee is on an unpaid leave status. However, if an employee is unable to return to work due to the continuation, recurrence, or onset of a serious health condition, or a situation beyond the employee's control, reimbursement will not be required. Medical certification is required under such circumstances. V. Recordkeeping Forms The following forms are available to assist in obtaining Family and Medical Leave. These forms are attached and may also be obtained from HR Central. A. Requests for Family and Medical Leave 47 ! TR-0398 B. Certification of Health Care Provider (WH-380-E) for Employee’s Serious Health Condition C. Certification of Health Care Provider (WH-380-F) for Family Member’s Serious Health Condition D. Certification of Qualifying Exigency for Military Family Leave (WH-384) E. Permission to Contact Health Care Provider and Authorization for Release of Medical Information form Procedures Offices/departments are responsible for maintaining any documents pertaining to Family and Medical Leave, separate from an employee’s personnel file, for at least three years, to include, but not limited to: A. Requests for Family and Medical Leave B. Certification of Health Care Provider (WH-380-E) for Employee’s Serious Health Condition C. Certification of Health Care Provider (WH-380-F) for Family Member’s Serious Health Condition D. Certification of Qualifying Exigency for Military Family Leave (WH-384) E. Permission to Contact Health Care Provider and Authorization for Release of Medical Information form F. FMLA Designated Hours ! VI. Additional Information When an employee gives notice of FMLA leave, the employee will be given additional information as to his/her rights and responsibilities under the FMLA. In addition, employees may contact HR Central and/or the nearest office of the U.S. Department of Labor’s Wage & Hour Division for more information. VII. Definitions 48 ! TR-0399 Active Duty – military duty under a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of Title 10, United States Code. Anniversary Date/Year – the 12 month period following the first calendar day of the first FMLA absence. This date is used to determine leave balances. Child, Son, or Daughter – a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing “in loco parentis,” who is under age 18 or age 18 or older and incapable of self-care because of a mental or physical disability. An employee’s child is one for whom the employee has actual day-to-day responsibilities for care. Contingency Operation – from section 101(a) (13) of Title 10, United States Code “The contingency operation means a military operation that: (A) is designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or (B) Results in the call or order to, or retention on, active duty of members of the uniformed services under section 688, 12301(a), 12302, 12304, 12305, or 12406 of this title, chapter 15 of this title, or any other provision of law during a war or during a national emergency declared by the President or Congress.” Continuing Treatment – includes two or more visits to a health care provider, two or more treatments by a health care practitioner on referral from, or under the direction of a health care provider, a single visit to a health care provider that results in a regimen of continuing treatment, or, in the case of a serious, long-term or chronic condition or disability that cannot be cured, being under the continuing supervision of, but not necessarily being actively treated by, a health care provider. Covered Service member – a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness incurred in the line of duty while on active duty. Designation year - the 12 month period following the first calendar day of the FMLA designation. This date is used to determine when recertification is needed. Exigency – see Qualifying Exigency FMLA (Family Medical Leave Act) Leave – family and medical leave as defined in this policy, which is unpaid except when other paid leave balances are available and used concurrently as outlined in this policy. FLSA – the Fair Labor Standards Act (29 U.S.C. 201 et seq.) 49 ! TR-0400 FMLA Designated Hours – actual hours not worked where leave hours are taken for Family and Medical Leave Health Care Provider – a doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the State in which the doctor practices as well as podiatrists, dentists, clinical psychologists, optometrists, chiropractors, nurse practitioners, nurse mid-wives, and clinical social workers. HR Central – HR Central is a division of Planning and Resource Management. HR Central may be contacted at: Human Resources 211 Flores Street San Antonio, TX 78204 (210) 335-2545 Immediate Family Member – includes spouse, child, or parent. Step relationships are included; in-laws and unmarried domestic partners are not included. Incapacity – Inability to work, attend school, or perform other regular daily activities due to a serious health condition, treatment thereof, or recovery there from. ! Intermittent Leave – leave taken in separate blocks of time due to a single qualifying reason. Invitational Travel Authorizations/Orders (ITAs)/ (ITOs) - government orders that can authorize up to three family members of a soldier to travel to the medical facility providing care. Leave Year - Bexar County uses an anniversary date/year for purposes of calculating leave availability. “Needed to Care for”–medical condition provision which encompasses both physical and psychological care. Next of Kin – the nearest blood relative other than the covered service member’s spouse, parent, son, or daughter, unless the covered service member has specifically designated an individual as “next of kin” for military caregiver leave purposes. Outpatient Status – the status of a member of the Armed Forces assigned to either a military medical treatment facility as an outpatient or a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients. Parent – a biological, adoptive, step, or foster parent or an individual who stands or stood “in loco parentis” to an employee when the employee was a child. This term does not include parents-in-law. Persons who are “in loco parentis” include those with day-to-day responsibilities to care for and financially support a child, or in the case of an employee, who had such 50 ! TR-0401 responsibility for the employee when the employee was a child. A biological or legal relationship is not necessary. Qualifying Exigency – when an employee’s spouse, son, daughter, or parent is called to active military services and the employee is needed to assist service members’ families in managing their affairs while the covered service member is on active duty. This provision only applies to a federal, not a state, call to active military duty unless the state call is ordered by the President. The following circumstances qualify as an exigency: 1. Short-term deployment (seven or less calendar days prior to the date of deployment); 2. .Military events and related activities in advance of and during deployment, including family support or assistance programs and informational briefings that are related to the active duty or call to active duty of a covered military member; 3. Childcare and school activities arising from the active duty or call to active duty status of a covered service member such as arranging for alternative childcare, providing childcare on a non-routine, urgent, immediate-need basis or to attending meetings at a school or daycare facility if they are necessary due to circumstances arising from the active duty or call to active duty of the covered military member; 4. Financial and legal arrangements to address a covered service member’s absence; 5. Counseling provided by someone other than a health care provider for oneself, the covered military member, or the child of the covered military member, the need for which arises from the active duty or call to active duty status of the covered service member.; 6. Taking up to five business days of leave to spend time with a covered service member who is on short-term temporary, rest, and recuperation leave during deployment; and 7. Post-deployment activities including attending arrival ceremonies, reintegration briefings and events, and other official ceremonies or programs sponsored by the military for a period of ninety (90) calendar days following the termination of the covered service member’s active duty status, and addressing issues arising from the death of a covered service member. Reduced Leave Schedule – leave schedule that reduces an employee’s usual number of working hours per work week or per workday. 51 ! TR-0402 Serious Health Condition – an illness, injury (including work related injuries), impairment, or physical or mental condition that involves in-patient care or continuing treatment by a health care provider. The following conditions are generally not considered to be serious health conditions unless complications arise: the common cold, the flu, earaches, upset stomachs, minor ulcers, headaches other than migraines, routine dental or orthodontia problems, and periodontal disease. In addition to these conditions, an absence caused by an employee’s abuse of a substance, rather than for treatment for the problem, does not qualify for FMLA leave, and is not considered a serious illness. Serious Injury or Illness – an illness, injury impairment, or a physical or mental condition that involves: 1. Inpatient care; or 2. Any period of incapacity requiring absence from work for more than three consecutive, full calendar days and that involves continuing treatment by a health care provider; or 3. Continuing treatment by a health care provider for a chronic or long-term health condition that is incurable or which, if left untreated, would likely result in a period of incapacity of more than three consecutive calendar days; or 4. Prenatal care by a health care provider; or 5. An injury or illness incurred by a covered service member in the line of duty on active duty that may render the service member medically unfit to perform the duties of the member's office, grade, rank, or rating. a. Covered family members (employee’s spouse, child, or parent) are eligible for 26 weeks of leave to care for veterans who are undergoing medical treatment, recuperation, or therapy for a serious injury or illness and who were members of the Armed Forces (including members of the National Guard or Reserves) at any time during the 5 years preceding the date of treatment, recuperation, or therapy. Service Hours – actual hours worked not to include paid time-off such as vacation leave, sick leave, or bereavement/funeral leave. Spouse – a husband or wife as defined or recognized under Texas law for purposes of marriage, including common law marriages. Former spouses and in-laws do not qualify as spouses or parents for the purposes of Family and Medical Leave. Twelve (12) Month Period – see Leave Year. 52 ! TR-0403 “Unable to Perform the Essential Functions of the Position” – situation where a health care provider finds that the employee is unable to work at all or is unable to perform the essential functions of the employee’s position within the meaning of the American with Disabilities Act (ADA). FMLA Forms PDF Format • All FMLA Forms • FMLA Request Form • FMLA Release Form • Certification of Qualifying Exigency for Military Family Leave • Certification for Serious Injury/Illness of Covered Servicemember for Military Family Leave • Designation Notice (FMLA) • Certification of Health Care Provider for Employee's Serious Health Condition • Certification of Health Care Provider for Family Member's Serious Health Condition • Notice of Eligibility and Rights & Responsibilities 53 ! TR-0404 Policy No. 7.3.04 Worker’s Compensation Effective Date: January 1, 2007 Bexar County provides self-insured Workers’ Compensation benefit coverage for accidents; illnesses or injuries employees sustain in the course and scope of employment in accordance with Texas Worker’s Compensation laws. Reporting Procedures Employees should report any on-the-job injury to their office or department within 24 hours of the incident but no later than thirty (30) days after the date of injury. Employees should submit an Incident Report (Form 75) along with a signed Authorization for Medical Records to their office or department. Failure to do so may result in the lack of coverage. Offices and departments should have an Incident Report (Form 75) readily available and should report all on-the job injuries to Human Resources within 24 hours of the incident. The completed Form 75 should be signed by the employee and forwarded to Human Resources with the Authorization for Medical Records within three days of the incident. Medical Treatment If required, employees can seek medical treatment from a County authorized medical facility or a doctor of their choice. The office or department should have available the list of medical facilities that are available through Bexar County and provide the injured employee with the list of available medical facilities. The list can be requested from Human Resources. Texas Workers Compensation Commission Form (TWCC 73) In order to be released to full duty with no restrictions, the employee must obtain Texas Workers’ Compensation Commission Form (TWCC 73) and have it signed by their treating doctor and submit it to their office or department. ! Texas Workers’ Compensation Commission Form (TWCC 73) is available from Human Resources. A copy of the completed Texas Workers’ Compensation Commission Form (TWCC 73), signed by the doctor, shall be forwarded by the office or department to Human Resources when the employee is released to full duty with no restrictions. ! All offices and departments should have current Workers’ Compensation laws available in their department. A copy can be requested from Human Resources. 54 ! TR-0405 Status Forms The office or department is responsible for submitting any required status forms to ensure that no employee is underpaid or overpaid following an on-the-job injury. Payment under Worker’s Compensation Employees covered under Workers’ Compensation will begin receiving payment after the employee has been out of work for seven (7) days due to illness or injury sustained in the course and scope of employment. Payment begins on the eighth day. The office or department can apply the employee’s sick leave, vacation leave, FLSA, compensatory, or discretionary time for pay during the first seven (7) days of lost time from a compensable injury at the request of the employee. After leave time is exhausted, the office or department should place the employee on leave without pay status, and the injured employee should receive weekly compensation benefits in accordance with Workers’ Compensation Law. In no event may an employee receive more than 100% of their base pay. 55 ! TR-0406 Policy No. 7.3.05 Modified Duty Program Effective Date: January 1, 2007 Bexar County offers eligible employees, where practicable, the opportunity to work under a Modified Duty Program after an illness or injury of three or more days, thereby promoting a more speedy recovery and enabling employees to maintain continuous pay without interruption. Participation Each office or department has the discretion whether to offer modified duty assignments. Modified duty assignments are not automatic nor are they a right of employment. Participation is based on available positions within the office or department, the regular job duties of the employee and the limitations or restrictions imposed by the treating physician. The denial or discontinuance of a modified duty assignment does not in any way interfere with the ability of the office or department to proceed with the normal termination process if an employee has exhausted all leave benefits and is unable to return to work. Eligible Employees Eligible employees for modified duty are those employees who have sustained an on-the-job injury. Other employees who are recuperating from an off-the-job injury or illness may participate in the Modified Duty Program depending on the injury and the available positions that can accommodate the restrictions imposed by the doctor. First priority by the office or department should be given to employees injured on the job. Employees are eligible for modified duty if that employee has been released to modified or light duty by their attending physician. Modified duty assignments are for a limited period of six weeks for on-the-job injuries. Modified duty assignments are limited to thirty (30) days, or the expected duration of the temporary restriction or limitation, whichever is shorter, for off-the-job injuries and thirty days for off-the-job injuries. Employees must have a re-evaluation every three weeks after initial participation in the program and submit a medical certification to the office or department. Failure to submit a re-evaluation may result in removal from the program. An employee who requests to work a modified duty assignment must certify to the office or department that no outside employment is being worked during the period of modified duty. 56 ! TR-0407 Criteria for Modified Duty Assignment Offices or departments should use the following criteria in evaluating whether to provide modified duty assignment authorization to an eligible employee: 1. Are the employee’s medical restrictions or physical limitations conducive to a modified duty assignment? 2. Will the modified duty assignment permit the employee to perform many of the employee’s regular position tasks while keeping within the restrictions or limitations ordered by the physician? 3. Does a vacant position exist in the office or department which meets the employee’s limitations and qualifications? 4. Can a modified duty assignment be structured to allow the employee to perform tasks generally associated with other positions in order to alleviate work backlog situations? Extension of Modified Duty Period Extension of a modified duty assignment may only be granted by the office or department when there is a continuing business need. An employee may request an extension of the modified duty assignment by timely submitting a request to the office or department along with medical certification from their treating physician which supports the continued medical need for a modified duty assignment. Benefits While on Modified Duty Employees in a modified duty assignment shall receive their regular rate of pay and accrue seniority, sick leave and vacation time according to applicable Bexar County policies and procedures. Employees in a modified duty assignment are still eligible to compete for other County employment opportunities for which they are qualified through the competitive process with proper notice to their office or department. Completion of Modified Duty Modified duty eligibility under the Bexar County Modified Duty Program will end when one of the following actions occur: 1. The employee receives a medical release to resume the essential functions of their regularly assigned position without restriction. 2. Completion of six weeks in an on-the-job injury 57 ! TR-0408 3. Completion of 30 days in an off-the-job injury modified duty assignment. 4. Withdrawal of authorization for the modified duty assignment by the office or department based on bona fide business necessity or the employee’s failure to comply with the program. Procedures Employee Responsibility 1. An employee must request a modified duty assignment from their office or department and provide a medical certification completed by their attending physician which authorizes a release to modified or light duty. 2. Once a modified duty assignment is approved, an employee must have a reevaluation every three weeks after initial participation in the program and submit a medical certification indicating a continuance of modified duty or a release to full duty. 3. Any employee who encounters difficulties performing up to the standards imposed by their physician may request to be removed from the program or may request an assignment change. Any request for changes must be supported by a report from the treating physician who initially approved a return to duty in a modified duty status. Office or Department Responsibility 1. The office or department is responsible for reviewing and authorizing each modified duty request using the certification submitted by the treating physician, the restrictions and limitations placed on the employee, the regular position tasks of the employee and the business needs of the office or department. 2. The office or department shall provide the employee with a written decision approving or denying the request for modified duty assignment as soon as possible. 3. If approved for a modified duty assignment, a bona fide job offer must be made describing the terms and duties of the modified assignment and accepted by the employee. 4. The office or department shall ensure upon reaching the three week period for re- evaluation, that the employee submits a new medical certificate from their treating physician indicating a continuance of the modified duty or a release to full duty. 5. The office or department may adjust the daily assignments on modified duty to reflect the organization’s business needs and/or the employee’s improved conditions and expanded 58 ! TR-0409 medical capabilities based on re-certification information received. 6. If the modified duty assignment is to be discontinued, the office or department should notify the employee as soon as possible. 7. When an extension of the modified duty assignment is requested by the employee and treating physician supports a release for continued modified duty, the office or department should review the criteria and shall provide the employee with a written decision approving or denying the request for extension of the modified duty assignment as soon as possible. 59 ! TR-0410 Policy No. 7.3.06 Voluntary Reduced Time Schedule Policy Number: 7.3.06 Effective Date: January 1, 2007 Voluntary Reduced Time Schedule Bexar County allows a Voluntary Reduced Time Schedule as a flexible time schedule that may be offered at the discretion of the office or department to provide employees with an opportunity to maintain their full-time status while working a reduced time schedule due to personal needs, operational needs or to meet an office or departmental budget need. Eligibility All regular full-time employees are eligible to participate in a Voluntary Reduced Time Schedule subject to the approval of the office or department and subject to operational or budgetary needs. Maximum Reductions Allowed In order to maintain full-time status, the agreed reductions allowed are a 10 % reduction to a 36- hour work week or a 20% reduction to a 32-hour work week. The salary received would be based on the actual number of hours worked. Voluntary Reduced Time Schedule Agreement A Voluntary Reduced Time Schedule Agreement must be completed and signed by the office or department and the employee. The Agreement should describe the hours, pay, benefits and length of the Agreement. The initial Agreement will generally be for a period of six months to one year and may be renewable if approved by the office or department. When the Agreement expires, the employee will return to a 40-hour work week. Any change in operational or budgetary needs may allow the Agreement to be withdrawn. The Agreement may also be withdrawn based upon the employee’s performance. Employee Responsibilities When the need for a reduced time schedule arises, the employee must assist the office or department in completing a Voluntary Reduced Time Schedule Agreement. A signature of the employee is required on the Agreement. Office or Department Responsibilities 60 ! TR-0411 The office or department is responsible for developing a Voluntary Reduced Time Schedule Agreement with the employee. The Agreement must describe the hours, pay and benefits, an effective and expiration date, and both the employee’s and the office or department authorized representative signature. The office or department must contact the Human Resources Department to insure the proper calculation of pay and benefits. An Agreement Form may be obtained from Human Resources. The office or department is required to submit a copy of the Agreement and a completed status form to both the Auditor’s Office and the applicable Budget Analyst in the Human Resources Department within ten (10) days. Participating Employee Termination If a participating employee terminates employment, the office or department may elect to fill the vacant position with another employee under a Voluntary Reduced Time Schedule Agreement, or the office or department may elect to fill the vacancy with a full-time employee, provided there are sufficient dollars available in the authorized budget for that fiscal year. ! Before filling the reduced-time vacancy with a full-time employee, the office or department should determine whether that action will lead to a negative budgetary impact. Additional funding is not automatically allocated in the approved budgets of offices or departments to support increasing the hours of a reduced position to a full-time position. The office/department should consult with their Budget Analyst in the Human Resources Department to verify and determine budgetary compliance. A noncompliant office or department may face a budget reduction in the following year. 61 ! TR-0412 Policy No. 7.3.07 Employee Assistance Program Effective Date: January 1, 2007 Bexar County has established the Employee Assistance Program to provide free, voluntary, confidential and professional counseling assistance to all regular employees and their dependents regardless of their location or choice of medical insurance plan. Both male and female counselors are available. Appointments may be made during work hours, after work, or on Saturdays. Employees must utilize their leave accounts for appointments made during work hours. EAP services may address a variety of issues including: ! Marital Conflict ! Family Problems ! Alcohol/Drug Problems ! Legal/Financial Problems More information regarding the EAP program is available from Human Resources. 62 ! TR-0413 Policy No. 7.3.08 Flexible Spending Accounts Effective Date: January 1, 2007 Bexar County offers pre-tax benefit programs to help employees save for certain out-of-pocket costs while increasing spendable income. The Health Care Flexible Spending Account, the Dependent Care Flexible Spending Account, and the Parking and Mass Transit Pre-Tax Benefits allow employees to contribute pre-tax dollars to an account from which employees can be reimbursed for eligible expenses up to the amount of the elected annual contribution. All regular full-time employees working at least 32 hours per week are eligible to participate. Participation in a flexible spending account does not automatically continue from one year to the next. Participation must be renewed every year in order to continue enrollment. A previous year’s election does not automatically carry forward. Employees choose the amount of annual contribution which is deducted from their paychecks and seek reimbursement from the account. Health Care FSA In order to participate, employees must enroll during the annual Open Enrollment period. No exceptions will be made unless the employee has a qualified status change. The Health Care FSA allows the employee to be reimbursed for eligible expenses up to the amount elected for annual contribution. If the employee submits an eligible expense for health care received during the year that is greater than the year-to-date contributions at that time, they will be reimbursed for the entire amount, as long as the total expense submitted is not greater than the annual elected contribution amount. Semi-monthly deductions from the employee’s paycheck will continue to be made for the remainder of the calendar year. Dependent Care FSA In order to participate, employees must enroll during the annual Open Enrollment period. No exceptions will be made unless the employee has a qualified status change. With the Dependent Care FSA, employees are reimbursed for monthly eligible day care expenses up to the monthly contribution amount only. Semi-monthly deductions are taken from the employee’s paycheck in the amount elected during Open Enrollment. 63 ! TR-0414 Pre-Tax Parking and Mass Transit Bexar County offers employees the opportunity to set aside a portion of their salary, on a pre-tax basis, to pay for certain transportation expenses. Employees will not be taxed on the amounts that are set aside and used for qualified expenses. All regular County employees who are currently receiving benefits are eligible to use this program. Employees can set aside up to $195 per month in pre-tax dollars to be used to pay eligible parking expenses and up to $105 per month to be used to pay mass transit expenses. Parking expenses, daily or monthly, which are paid or reimbursed by the county, are not eligible. Contract Garage Parking Employees that have a contract with Bexar County to park in the County Garage must enroll each year to authorize a pre-taxed parking fee payroll deduction. The deduction can then be taken on a pre-tax basis. Because this is a pre-tax payroll deduction, employees are not reimbursed for this expense but the pre-tax savings are still realized. Contact the Human Resources Division for additional information regarding Flexible spending accounts and eligible expenses. 64 ! TR-0415 Policy No. 7.3.09 VIA Transportation Program Effective Date: January 1, 2007 To help employees save money on transportation expenses and to decrease the number of private vehicle trips resulting in a demand for parking at or near County facilities, Bexar County has coordinated with VIA to offer Bexar County employees free bus rides and a monthly subsidy for utilizing VIA’s Vanpool Service. Bus Ride Employees must present their Bexar County identification card to the bus operator in order to ride for free. The free bus pass includes the use of all VIA Metropolitan Park and Ride facilities and the downtown Trolley. Exclusions include Special Events, VIA trans or Starlight Services. Vanpool Employees are eligible to receive a $25 monthly subsidy for participating in VIA’s Vanpool Service. Vanpool requires the rental of a van through VIA, fuel cost and at least six people to share their ride to work. One member of the group must drive and maintain the van in return for riding free. For additional information, contact Human Resources at 210-335-2545. 65 ! TR-0416 ! BEXAR COUNTY DEPARTMENT OF HUMAN RESOURCES Employee Leave Benefits Policies 7.4.01 Administering Leave 7.4.02 Vacation or Annual Leave 7.4.03 Sick Leave 7.4.04 Administrative Leave 7.4.05 Bereavement (Funeral Leave) 7.4.06 Military Leave 7.4.07 Jury and Witness Duty Leave 7.4.08 Unauthorized Absence 7.4.09 County Holidays 7.4.10 Sick Leave Pool 66 ! TR-0417 Policy No. 7.4.01 Administering Leave Effective Date: January 1, 2007 Bexar County provides leave for all of its employees as outlined in these Employee Leave Benefits Policies. It is the responsibility of offices and departments to administer leave benefits in accordance with these policies. Authority to approve leave requests is accompanied by the responsibility for verifying that leave granted is available, legal and justifiable. Responding to Leave Requests Each office and department should establish reasonable rules for employees to request and schedule leave. Each employee should receive a copy of all leave rules in writing with a signed copy of acknowledgment maintained in the employee’s personnel file within their office or department. The office or department should respond to each request for leave within a reasonable time not to exceed seven business days. Leave requests shall be charged a minimum of one hour. Each office and department should designate a timekeeper to accurately record leave requests, authorizations and designations. Leave balances can be requested from the timekeeper in the office or department so that employees and supervisors can affirmatively verify the accuracy of the current leave information and take appropriate action to update the system. ! 67 ! TR-0418 Policy No. 7.4.02 Vacation or Annual Leave Effective Date: January 1, 2007 Bexar County provides annual vacation leave to regular full time and part time employees for rest and recreation and to provide periods of time off for personal and emergency purposes. Vacation or annual leave accrues automatically except for any period when an employee is on leave without pay or workers’ compensation. Vacation leave cannot be taken during the first six months of initial employment with the County. Sheriff’s Office employees may not take vacation during the first year of initial employment. Vacation or annual leave requests shall be approved according to the needs of the office or department. However, all reasonable accommodation should be given to the employee in determining when vacation leave may be taken. Earning Rates All regular employees accrue annual vacation leave on a semi-monthly basis. Regular employees who work less than 40 hours per week earn vacation leave on a pro-rata basis, provided they work at least one day each week. A regular employee who worked as a temporary employee immediately prior with no break in service will be credited for service for their time with the County and their earning rate set accordingly. The annual accrual and semi-monthly accrual rates for regular full-time employees are as follows: Tenure! Annual!Accrual! Semi.monthly!Accrual! 1#4!years! 10!days! 3!hours,!20!minutes! ! 5#9!years! 12!days! 4!hours! ! 10#14!years! 15!days! 5!hours! 15+!years! 18!days! 6!hours! 68 ! TR-0419 ! Maximum Accrual Employees may not carry more than 30 days (240 hours) of annual leave from one fiscal year to the next. Any vacation time accrued in excess of 30 days (240 hours) will be lost on October 1 of each year. All offices and departments should insure that, whenever possible, annual or vacation leave will be scheduled for use by an employee to prevent any loss of accrued annual leave at the end of the fiscal year. Offices and departments should provide each employee with an accounting of the employee’s leave balances by August 31 of each year. Payments of Unused Leave at Separation Upon separation from employment, any employee who has completed at least six months of employment with the County will be paid for annual vacation leave hours accrued but not taken up to a maximum of 30 days (240 hours). Any amount above this maximum will be lost at time of separation or may be donated to the Sick Leave Pool. Break in Service Vacation accrual rates may change for employees who separate from the County and return at a later date. Forfeiting Vacation Accrual Rates Employees who voluntarily terminate their employment with the County but return at a later date forfeit their vacation accrual rate at the time of separation and accrue as a new employee except as described below Reinstating Vacation Accrual Rates Involuntary Termination Annual vacation accrual rates will be reinstated when the break in service is within five years and was the result of involuntary termination caused by a change in administration or loss of funding for a program, department or office. Voluntary Termination Annual vacation accrual rates will be reinstated within sixty (60) days when the break in service was voluntary and the employee resigned in good standing. 69 ! TR-0420 Policy No. 7.4.03 Sick Leave Effective Date: January 1, 2007 Bexar County provides employees with sick leave to be granted when they are unable to perform their duties for health-related reasons or it may be used for a medical or dental appointment. Sick leave may be granted for health related reasons of an employee or for the care of an employee’s immediate family members. Sick Leave – Employee Illness or Injury Eligible employees may be granted sick leave when they are unable to perform duties because of 1) illness, injury, pregnancy, childbirth, or related medical conditions or 2) when absent for the purpose of obtaining health-related services not available outside of regular working hours, such as medical or dental appointments. Offices and departments may request employees to apply in advance for sick leave for prearranged doctor’s appointments, whenever possible. Sick Leave – Employee’s Immediate Family An eligible employee may be granted sick leave when a member of the employee’s immediate family is ill or for other health-related reasons, such as a medical or dental appointment, and the employee’s presence is required. Immediate Family Immediate family includes the employee's spouse, children, stepchildren, foster children legally placed by a State agency, an adult who raised the employee in the absence or death of the employee’s parents, father, stepfather, mother, stepmother, brother, stepbrother, sister, stepsister, grandparent, grandchild, parents of the employee's spouse, spouses of the employee's children, brother of the employee’s spouse, sister of the employee’s spouse, and grandparent of the employee’s spouse. Earning Rates for Regular Employees All regular employees accrue sick leave on a semi-monthly basis at the rate of four hours each pay period. Sick leave is earned from the first full pay period of employment. There is no qualifying period for the earning of sick leave and it may be used as it is accrued. The maximum accrual amount for sick leave is 90 days (720 hours). Regular employees who are scheduled to work less than 40 hours per week will earn sick leave on a pro-rata basis. Payment of Unused Sick Leave at Separation 70 ! TR-0421 Upon separation from employment with the County, an employee who has completed at least five consecutive years of employment is eligible to be paid for one-half of their available sick leave hours. The maximum amount that will be paid is 30 days (240 hours). Sick Leave – Family and Medical Leave (FMLA) (see Policy No. 7.3.03) During any period of Family and Medical Leave, eligible employees must use accrued sick leave and other available leave in accordance with Policy 7.3.03, FMLA. Request for Physician’s Statement An employee who is absent on or requests Sick Leave for three or more consecutive workdays or 24 consecutive work hours must provide the office or department with a physician's statement indicating the onset and duration of the illness before the office or department may post the third day or 17th hour as Sick Leave. Employees who do not submit physician's statements in a timely manner may not be granted sick leave for that period. For absences less than three days, if a pattern of sick leave abuse is established, the office or department may require the employee to provide proof of illness, medical or dental appointment. Inappropriate Use of Sick Leave In the event that a legitimate need for the use of sick leave cannot be established to the satisfaction of the office or department, any unauthorized leave time taken shall be deducted from another available leave account or the employee’s salary should be adjusted for the time taken if no other leave is available. Sick Leave Designated as Personal Leave Employees will earn 40 hours of Personal leave at the beginning of each fiscal year and are eligible to use up to 40 hours of Sick Leave as Personal Leave every fiscal year. Personal Leave is taken from the employee’s available sick leave account and is not considered additional accrued leave. Personal Leave may be granted to any employee for any reason in accordance with the established policy by the Elected/Appointed Official or Department Head. Any unused Personal Leave may be carried over into the next fiscal year but may not exceed a total of 120 hours. Because Sick Leave must be available in order to utilize any available Personal Leave, it is not considered additional leave. As such, any unused Personal Leave balances remaining at time of separation will not be paid to the employee. 71 ! TR-0422 Policy No. 7.4.04 Administrative Leave Effective Date: January 1, 2007 Revised: May 1, 2009! In accordance with Texas Local Government Code (LGC) 157.021, in a county with a population of 355,000 or more, the Commissioners Court may adopt and enforce uniform rules on the hours of work of department heads, assistants, deputies, and other employees whose compensation is set or approved by the Court. The intent of this policy is to administer time off, with pay, for purposes approved by Commissioners Court as listed below. All regular employees may be granted administrative leave in accordance with this policy. Each office and department is responsible for developing policies that are consistent with and do not interfere with County policies and Commissioners' Court orders. Examples of Administrative Leave include the following: 1. Situations which require the office/department to immediately remove an employee from a work location and before any adverse action has been initiated (this includes situations where there is an immediate threat to County property or the well-being of the employee, a co-worker, or the public); 2. During investigations into employee wrongdoing when it is in the best interest of the County to have the employee off the job; 3. Blood donation during a County-wide blood drive; 4. Brief absences (less than one hour); 5. Examinations relating to the employee's job; 6. Work related conferences, training and development, and for conventions; 7. Registration to vote and for voting; 8. Participation in activities which are encouraged by the County; 9. An official funeral. 72 ! TR-0423 Work time designated as Administrative Leave should not be included as hours worked for the purposes of overtime calculations. Administrative Leave is not intended to extend an employee's unearned (not accrued) leave. Administrative Leave may not be used by an office or department to designate a holiday leave or extend holiday leave. Administrative Leave is to provide for suspension of normal operations of an office or department of the County no longer than four hours in duration. Any deviation from this policy must be approved by Commissioners Court. Termination Administrative leave may not be used as severance pay nor used as a means to extend an effective date in cases of employee termination. Emergency Situations There may be occasions for employees to be granted leave for reasons directly resulting from severe weather conditions, emergencies involving facilities, or other unexpected reasons. In cases where notification has been issued Countywide for employees to arrive at a specified later time or not to report to work, administrative leave will be used to designate such absences. In cases where notification has not been issued and employees miss work without supervisor approval, the employee will have their salary adjusted for the lost time if no paid time is available. 73 ! TR-0424 Policy No. 7.4.05 Bereavement (Funeral Leave) Effective Date: January 1, 2007 Bexar County provides employees with bereavement leave or funeral leave to be granted in the occurrence of the death of an employee’s immediate family member. An employee may be granted Funeral Leave for a period not to exceed three days (24 hours) consecutively scheduled per occurrence. ! An employee who is on an unpaid status is not eligible for Funeral Leave and will remain in an unpaid status. ! An employee who is on annual leave may be granted Funeral Leave if a death occurs during the employee's scheduled vacation. ! The office or department may grant additional time off to employees if other appropriate leave time is available. At the discretion of the office or department, an employee may be required to provide proof of death and/or family relationship. Immediate Family Immediate family includes the employee's spouse, children, stepchildren, foster children legally placed by a State agency, an adult who raised the employee in the absence or death of the employee’s parents, father, stepfather, mother, stepmother, brother, stepbrother, sister, stepsister, grandparent, grandchild, parents of the employee's spouse, spouses of the employee's children, brother of the employee’s spouse, sister of the employee’s spouse, and grandparent of the employee’s spouse. 74 ! TR-0425 Policy No. 7.4.06 Military Leave Effective Date: January 1, 2007 Bexar County is committed to providing Military Leave in accordance with the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Reservists Every employee who is an actively participating reservist of the U.S. Armed Forces or member of the National Guard is entitled to a leave of absence from duties, without loss of pay, time or efficiency rating for not more than fifteen (15) working days in any fiscal year, for active duty service or for training. This does not include activities such as: 1. Summer training as members of a Reserve Officers’ Corps organization. 2. Duty with the Temporary Coast Guard Reserve. 3. Participation in parades organized by a State National Guard. 4. Training with a State guard or other state military organization 5. Service with the Civil Air Patrol. Military leave will be charged only to regular work days. Non-work days, during a period of military leave do not count against the total allowable military leave. Extended Active Duty Military Leave Employees who are placed on extended active duty with the U.S. Armed Forces or the National Guard shall be placed on a leave without pay status in a manner consistent with USERRA. The office or department can apply the employee’s vacation leave, FLSA, compensatory, or discretionary time for pay during this time at the request of the employee. Employees shall present active duty orders with any request for such leave. An employee on Extended Active Duty Military Leave shall not accrue sick or vacation leave or other benefits, but the period of active duty shall represent continuous service so long as the military service conforms to provisions as specified by the Veterans' Reemployment Act. Return to Employment An employee who has Veterans' reemployment rights shall be returned to the former position held or a comparable position at a comparable rate of pay, contingent upon the availability of funds, unless circumstances make it impossible or unreasonable to do so. An office or department so affected will be able to hire temporary employees or move a current employee into the position for a temporary time period to fill those positions during the absence. 75 ! TR-0426 Policy No. 7.4.07 Jury and Witness Duty Leave Effective Date: January 1, 2007 Offices and departments shall grant an employee’s request for leave for jury duty and witness duty under the following circumstances: 1. The employee is appointed to serve on a grand jury or required by court order to appear as a prospective juror in a federal, state, county, or municipal court on a day and during the hours that the employee is normally scheduled to work; or 2. The employee is required by subpoena or court order to appear as a prospective witness in a federal, state, county, or municipal court on a day and during the hours that the employee is normally scheduled to work. Offices and departments shall verify and obtain a copy of the employee’s summons to appear as a potential juror or a copy of the employee’s subpoena to appear as a potential witness. An employee serving for Jury or Witness Duty will only be compensated for up to eight hours per day. Return to Work An employee released early from jury duty or witness duty must return to work for the remainder of the day. The time the employee spends driving from the courthouse or other location directly to their worksite is compensated as Jury or Witness Duty. Any employee who does not return to work as required shall have their leave accounts or pay adjusted for the amount of time absent from work. Witness Regarding Official Acts Employees of the County who provide testimony in connection with the performance of an official act shall count the time spent as Hours Actually Worked and may not receive any form of compensation from any source other than the County for their services. Funds received from outside sources for those services shall be turned in to the office or department for appropriate deposit with the County. Refusal to do so may result in adverse disciplinary action. 76 ! TR-0427 Policy No. 7.4.08 Unauthorized Absence Effective Date: January 1, 2007 An unauthorized absence from work is an absence that is not approved. An employee will receive no pay nor will the employee’s leave account be credited during any period of unauthorized absence. The office or department may excuse an absence with appropriate adjustments to pay and credits of leave time upon receiving adequate documentation of the circumstances surrounding the employee’s unauthorized absence. An employee who takes unauthorized leave will be subject to disciplinary action, which may include termination. Any unauthorized leave that continues for three consecutive work days will be considered an automatic resignation. When that occurs, the office or department shall send written notice of automatic resignation to the last known address of the employee on file. 77 ! TR-0428 Policy No. 7.4.09 County Holidays Effective Date: January 1, 2007 Bexar County Commissioners Court grants time off from work with pay for each holiday. Designated holidays which fall on a Saturday will normally be observed on Friday and designated holidays which fall on a Sunday will normally be observed on Monday. The annual Holiday Calendar is approved as part of the Budget process and can found in the Budget Manual each year and on the County Intranet site. Twelve (12) holidays are normally designated each year and typically include: New Year’s Day Independence Day Martin Luther King Day Labor Day President’s Day Veteran’s Day Good Friday Thanksgiving and following Friday Battle of Flowers Christmas Day Memorial Day Employees in positions required to maintain a 24-hour operation (shift work) will be credited for eight hours of holiday time regardless of whether or not they are actually scheduled to work on the holiday. Employees shall not be paid for holidays occurring during a leave of absence without pay. Employees paid on an hourly basis are not entitled to holiday pay. Holidays occurring during paid absences shall not be charged against any leave account. ! 78 ! TR-0429 Policy No. 7.4.10 Sick Leave Pool Effective Date: January 1, 2007 Bexar County has established a Sick Leave Pool pursuant to Texas Local Government Code, Chapter 157. The Sick Leave Pool program provides a source of additional paid leave to an employee if a catastrophic illness or injury forces an employee to exhaust all earned leave time and go into a non-pay status. Catastrophic Illness or Injury A catastrophic illness or injury is defined as a severe condition or combination of conditions affecting the mental or physical health of the employee which has resulted in a life threatening condition and/or has had a major impact on life functions. Such life-functions shall include, but are not limited to, the loss of physical senses, the loss of physiological processes, or the loss of limb. Types of catastrophic illnesses or injuries may include surgery to remove kidney/lung, emergency cardiac surgery, amputation of a limb, transplant surgery and cancer. Eligibility for Leave Request Requests for leave will be considered on a first-come, first-served basis. In order for an employee to be considered eligible to receive leave from the Pool, a request for leave must be made by a regular employee with a qualifying illness or injury who meets all of the following criteria: ! The requesting employee must have donated a minimum of eight hours to the pool within 12 months preceding the date of the request; ! The employee must be out of work for thirty days due to a catastrophic illness or injury; ! The employee may not have any accrued paid leave available, including time accrued while participating in the Sick Leave Pool; ! The employee must be continuously employed with Bexar County for at least 12 months; ! The employee’s catastrophic illness or injury may not be as a result of activity that is in the course of employment with Bexar County or from any other employment; and ! The employee must not be receiving Worker’s Compensation benefits. 79 ! TR-0430 Procedures for Leave Requests Employee Responsibility 1. To request leave from the Pool, an employee (or their representative) must complete the County Sick Leave Pool Leave form and turn it in to Human Resources. 2. An employee must obtain a Medical Certification of Catastrophic Illness or Injury from a medical care provider. The forms are available from Human Resources. If a current medical certification has been submitted for purposes of Family and Medical Leave and it covers the period of requested Pool leave, a copy of that certification may be used. Supervisor Responsibility 1. Offices and departments must verify eligibility by signing a Bexar County Sick Leave Pool Contribution form that has been completed and signed by the employee. Sick Leave Pool Administrator 1. The Sick Leave Pool Administrator will notify the employee in writing if the request for Pool leave has been approved or denied, and a copy will be sent to the office or department. 2. The Sick Leave Pool Administrator will process all requests for leave within five days from the time they are received. 3. If a request is denied, the reason(s) for denying the request will be included in the notification sent to the employee with a copy sent to the office or department. Disbursements Any annual and sick leave contributed to the County Sick Leave Pool becomes the property of the County and can only be withdrawn by eligible employees as defined by this policy. The maximum amount of Pool leave that can be disbursed to and used by an employee in one fiscal year shall not exceed 720 hours. However, at no time may an employee be granted more than one-third of the balance of hours in the Pool at the time of the request. An employee may request to use the Pool for each catastrophic illness until the employee uses the maximum amount of 720 for the fiscal year. Any unused Pool leave disbursed to the employee will revert to the Pool under any of the following conditions: ! The employee returns to work in a full-duty, light-duty or modified duty status; ! The employee is no longer disabled; ! The employee resigns or otherwise terminates employment, including retirement; or ! The employee is deceased. 80 ! TR-0431 Under no circumstances will disbursed sick leave be eligible for monetary pay out if an employee who has been awarded leave from the Pool is unable to use the disbursed sick leave. The estate of a deceased employee is not entitled to payment for unused sick leave acquired by that employee from the sick leave pool. Contributions to the Pool Any regular employee is eligible to donate leave to the Sick Leave Pool. Donations can only be made to the Pool and cannot be made to a specific employee. ! Donations can be made by filling out and turning in to Human Resources the County Sick Leave Pool Leave form for contributions. ! An employee may contribute up to five business days or forty (40) hours of accrued annual or sick leave to the Pool each fiscal year, in increments of eight hours. ! Contributions must be submitted to the Sick Leave Pool Administrator in Human Resources within ten business days from the date of the employee’s signature. ! A separating employee may donate sick and vacation leave to the Pool in any amount as long as the contribution does not exceed the forty hour maximum for the fiscal year and the contribution is received by the Sick Leave Pool Administrator within ten business days from the date the employee signed their contribution form. ! Once a contribution is approved, the Sick Leave Pool Administrator will notify the office or department to ensure that the employee’s appropriate account is deducted for the amount of the contribution and will ensure that the Sick Leave Pool is credited with the contribution. ! Contributions placed in the system by the Sick Leave Pool Administrator may not be rescinded. 81 ! TR-0432 ! BEXAR COUNTY DEPARTMENT OF HUMAN RESOURCES Employee Conduct Policies 7.5.01 General Conduct 7.5.02 Sexual Harassment 7.5.03 Drug and Alcohol-Free Workplace 7.5.04 Confidentiality 7.5.05 Political Activity 7.5.06 Use of Government Property 82 ! TR-0433 Policy No. 7.5.01 General Conduct Effective Date: January 1, 2007 In order to maintain the confidence and respect of its citizens, Bexar County offices and departments should develop, maintain and communicate clear standards of conduct for their own office or department. Office and department specific standards for conduct must at least include information from this Chapter and any Government legal statutes that may relate to their operation. Ready, Willing, and Able to Work Bexar County expects all employees to be ready, willing, and able to work. If an office or department determines that an employee is not ready, willing, and able to work, the employee may be asked to leave work for up to the remainder of the workday and the appropriate leave will be charged, excluding Administrative Leave. If leave is not available, the employee will be placed on leave without pay status. This type of action is not a disciplinary action. However, disciplinary action may be taken against an employee who repeatedly fails to appear ready, willing, and able to work. Dress Code Employees shall dress with emphasis on professionalism, neatness and safety. An appropriate image shall include good grooming and hygiene with attire properly reflecting the type of work in which the employee regularly engages. Each office and department should adopt a standard for dress code. The dress code shall be distributed and communicated to each employee. Gifts, Entertainment, Financial Interests and Favors Employees are prohibited from soliciting or accepting, directly or indirectly, any gift, favor, entertainment, loan or any type of monetary value from a person who has, or is seeking to obtain, contractual or other business or financial relations with the County or where official duties of the County will affect that person’s business. Each office and department is responsible for developing a system for disclosing conflicts or apparent conflicts of interest. An employee may not receive any salary or anything of monetary value from a private source as pay for their services to the County. 83 ! TR-0434 Office Donations Managers may not force employees or make them feel obligated to contribute or make donations to any fund or collection. The Elected Official or Department Head must first be notified and approve any office collection. Outside Employment Policy County employees are permitted to hold secondary non-County employment; however, managers must obtain the duties and details of the outside job, including the name and address of the employer from the employee. Offices and departments shall evaluate the duties of the outside employment and determine if there is a conflict that would prevent the employee from holding both positions. All outside employment, including self-employment, must be approved by an office or department manager in writing. It is the responsibility of each office and to maintain all records regarding outside employment. Gambling, Betting and Lotteries Employees are prohibited from participating while on County-owned or leased property or while on duty for the County, in any gambling activity including the operation of a gambling device, in conducting a lottery or pool, in a game for money or property, or in selling or purchasing a numbers slip or ticket. 84 ! TR-0435 Policy No. 7.5.02 Sexual Harassment Effective Date: January 1, 2007 It is the policy of the County and the responsibility of every manager and supervisor to provide and maintain a work environment that is free of sexual harassment, sexual exploitation, intimidation and retaliation from reports of sexual harassment. This harassment-free protection applies to all persons employed by the County or working as a volunteer in the County. Sexual harassment is a form of sex discrimination and is a violation of Federal Law Section 703 of Title VII of the Civil Rights Act of 1964 (as amended). “Sexual Harassment” is defined as unwelcome sexual advances, requests for sexual favors or other physical or verbal conduct of a sexual nature, 1. that creates a hostile, intimidating or offensive working environment; 2. the submission to which is made either implicitly or explicitly a term or condition of a person’s employment; or 3. The submission to, or rejection of which is used as a basis for an employment decision affecting the harassed employee. It is illegal and against County policy for any employee to sexually harass another employee or to create a hostile working environment by either committing or encouraging: 1. physical assaults on another employee; or 2. intentional physical contact that is sexual in nature, including but not limited to, touching, pinching, patting or brushing up against another employee’s body; or 3. unwanted sexual advances, propositions or sexual comments, including gestures, jokes or comments made in the presence of any employee who has indicated in any way that such conduct in his or her presence is unwelcome; or 4. posting or displaying pictures, posters, calendars, graffiti, objects or other materials that are sexual in nature or pornographic. Actions that arise out of a personal or social relationship and that are not intended to have a discriminatory employment effect might not be viewed as sexual harassment. Procedures for Reporting an Incident Employees filing a sexual harassment claim are required by federal law to report the incident no later than 180 days after the alleged incident occurred. Bexar County highly encourages employees to report any claim of sexual harassment immediately. 1. If an employee is either subjected to or witnesses sexual harassment, the employee should notify their immediate supervisor or the Human Resources Division as soon as 85 ! TR-0436 possible. Supervisors will not disregard any complaint of sexual harassment. All claims of harassment shall remain confidential in compliance with State and Federal laws. 2. If the employee’s immediate supervisor is the source of the alleged harassment, the employee should report the claim directly to the next level of supervision or may report it to the Human Resources Division. The supervisor receiving the claim is responsible for immediately reporting it to the next level of supervision and may also report it to the Human Resources Division. The Human Resources Division is available at any stage of the process to receive complaints of sexual harassment. The incident must be reported even if the employee does not want action taken Investigation and Findings Procedures The Human Resources staff will investigate all claims and reports of sexual harassment immediately and present their findings to the office or department from which the complaint was made and to the District Attorney’s Office. The Elected Official or Department Head, with consultation from the District Attorney’s Office will determine the appropriate action, including disciplinary action. The parties directly involved in the sexual harassment claim must be notified of the final outcome. While the County cannot control the actions of outside parties, such as County vendors or patrons, employees who believe they have witnessed or been the subject of discrimination by an outside party, including sexual harassment or retaliation, must report the alleged act(s) as required by this policy. All sexual harassment cases are taken very seriously. An employee who knowingly files a false sexual harassment complaint is subject to discipline, up to and including termination. 86 ! TR-0437 Policy No. 7.5.03 Drug and Alcohol-Free Workplace Effective Date: January 1, 2007 Bexar County is committed to ensuring the health, safety, well-being and satisfactory work performance of all employees. The use, exchange or presence of alcohol, illegal drugs, and the misuse of legal drugs by County employees in any County facility, work site or County vehicle is prohibited. Employees are required to refrain from: ! the unlawful use, manufacture, procurement, distribution, sale, and dispensing of illegal or legal drugs ! the misuse of legal drugs while on duty and for a sufficient time prior to the performance of duty so that none of the effects of the misuse of legal drugs remain during job performance ! the use of alcohol while on duty and for a sufficient time prior to the performance of duty so that none of the effects of the use of alcohol remain during job performance ! the misuse of substances and materials available in the workplace that may result in physical or mental impairment Mandatory Drug Testing for Safety-Sensitive Positions Mandatory drug testing is required for all employees in safety-sensitive positions, as identified on the position description, as follows: 1. Random Testing. All employees in safety-sensitive positions are subject to controlled substance and alcohol testing on a random basis. The office/department is responsible for scheduling random tests so that safety sensitive employees will have an equal chance of being selected each time a random selection is made. 2. Post-Accident Testing. A controlled substance test and an alcohol concentration test are required after an accident. An “accident” is defined as a County employee operating a County motor vehicle which involves any one of the 7.5.03 Drug 2 Free Workplace following: a) A fatality. b) Injury requiring medical treatment within two hours. 87 ! TR-0438 c) Property damage to a vehicle requiring it to be towed. d) Property damage estimated to be equal or greater than $500. e) A violation of federal or state law, city ordinance or County rule. Employees who are seriously injured and unable to provide a specimen at the time of the accident, or who are otherwise unable to comply with controlled substance and alcohol concentration testing, shall provide the necessary authorization for the office/department to obtain medical records, law enforcement reports and other documents that may indicate the presence of controlled substances or alcohol concentration. Removal from Duty Employees shall be placed on administrative leave and not allowed to remain on duty in a safety-sensitive position if that employee found to use, manufacture, distribute, procure, sell, dispense or possess illegal drugs or is found to use alcohol when its effects will remain during job performance. Return to Duty If an employee’s test results are found to be negative, the employee shall return to duty in a sensitive position if it is determined that this action would not pose a danger to public health or safety. Following the return to work, the employee will be subject to at least six unannounced tests over the next 12 months and unannounced tests may continue for not more than 60 months following the return to work. Testing Based on Reasonable Cause A controlled substance test and an alcohol concentration test are required if there is reasonable cause to believe an employee is under the influence of drugs or alcohol. “Reasonable cause” exists when an employee exhibits behavior which suggests impairment from drug or alcohol use or when job performance or safety is affected. ! Offices and departments shall place in writing their observations and any other supporting documentation for their reasonable cause. ! Offices and departments shall refer such an employee to an authorized testing facility. Refusal to Test Employees who refuse to submit to drug and alcohol testing will be subject to disciplinary action up to and including termination. Employees who refuse to Free Workplace submit to post- accident drug and alcohol testing after being involved in a fatal accident will be disqualified from driving a County vehicle for one year and subject to disciplinary action up to and including termination. 88 ! TR-0439 A “refusal” by an employee to submit to a controlled substance and alcohol test includes any of the following: 1. Refusal to take the test. 2. Inability to provide sufficient quantities of breath or urine to be tested without a valid medical explanation. 3. Tampering with or attempting to adulterate the specimen or collection procedure. 4. Not reporting to the collection site in the time allotted. 5. Leaving the scene of an accident without a valid reason before the tests has been conducted. Testing Facilities If an employee is required to submit to drug and alcohol testing, testing will occur at facilities authorized by Commissioners Court. Offices/departments should contact Human Resources for a list of current testing facilities authorized by Commissioners Court. Whenever available, Bexar County will accept the results from drug and alcohol tests conducted by law enforcement officers pursuant to the Texas Penal Code and Texas Code of Criminal Procedure. Notification to Supervisor of Conviction An employee convicted of a violation of a criminal statute relating to illegal drugs or alcohol shall notify their office/department no later than five days after the conviction. Reporting Requirements to Outside Agencies Positive drug and alcohol testing may be reported to outside agencies and licensing authorities as required by law. 89 ! TR-0440 Policy No. 7.5.04 Confidentiality Effective Date: January 1, 2007 All information concerning County business must be held in strict confidence and must not be discussed with others on or off the job except for purposes of necessary County business. An employee is prohibited from directly or indirectly using or allowing the use of official information obtained through or in connection with their position in the County for the purpose of furthering a private interest. ! 90 ! TR-0441 Policy No. 7.5.05 Political Activity Effective Date: January 1, 2007 Bexar County employees are encouraged to vote during elections for the person or party of their choice. No employee shall be required to support, work for, make financial contribution to, or otherwise do campaign work for any candidate for political office. Employees may voluntarily participate in political activities provided that it is a voluntary action on their part and they do not engage in such activities while on duty, in uniform, or while using County property. No employee may be discharged, demoted, denied promotion, transferred or subjected to any type of personnel action because they did or did not participate in political activities. 91 ! TR-0442 Policy No. 7.5.06 Use of Government Property Effective Date: January 1, 2007 County property of any kind, including property leased to the County, is prohibited for use for unofficial County business. All employees have the duty to protect and conserve government property, including equipment, supplies and other property entrusted or issued to them. Policies regarding the use of technology equipment such as desktop computers, laptops and cellular phones can be requested through the Bexar County Information Services Department or Administrative Policy 5.4. Employees shall not participate in the bidding of County equipment sales, unless required by the employee’s position. 92 ! TR-0443 ! BEXAR COUNTY DEPARTMENT OF HUMAN RESOURCES Civil Service Commission Rules and Regulations ! 7.6.01 Introduction 7.6.02 Application of Civil Services Rules 7.6.03 Office and Department Policies 7.6.04 Criteria for Declaring a Position Sensitive and Exempt 7.6.05 Changes in Civil Service Status 7.6.06 Probation Periods 7.6.07 Posting Requirements for Vacancies 7.6.08 Certification of Position Descriptions 7.6.09 Reasons for Discipline 7.6.10 Progressive Discipline 7.6.11 Disciplinary Actions 7.6.12 Investigative Administrative Leave 7.6.13 Personal Grievances 7.6.14 Suspension, Demotion, Termination - Appeal and Hearing 7.6.15 Fitness for Duty Evaluation Adopted March 15, 2007; Effective March 16, 2007 Revised: Adopted May 24, 2012; Effective June 8, 2012 93 ! TR-0444 Policy No. 7.6.01 Introduction Effective Date: March 16, 2007 Revised: Adopted May 24, 2012 Effective June 8, 2012 Civil Service Commission Chapter 7.6 contains the Rules and Regulations of the Bexar County Civil Service Commission (“the Civil Service Rules and Regulations”). The Bexar County Civil Service Commission (“the Commission”) was established September 15, 1971 pursuant to chapter 158 of the Texas Local Government Code for the purpose of developing and enforcing rules regarding the selection and employment of Bexar County employees. The Civil Service Rules and Regulations apply to employees of all Bexar County offices and departments that are not specifically excluded by statute or by the Commission. The Civil Service Rules and Regulations shall apply from the time of its adoption in all instances in which the Commission has jurisdiction. Any changes, deletions or additions to the Civil Service Rules and Regulations may be made by the Commission in accordance with its rule-changing provisions. The Commission is responsible for interpreting its rules consistent with applicable law. The Civil Service Rules and Regulations will be available to all employees on the Bexar County Intranet and Internet, and a printed copy of the Rules and Regulations will be maintained by Human Resources. Change of Rules These rules may be amended, repealed or supplemented by the Commission at any time and new rules may be adopted. Notice of such action shall be issued ten (10) business days prior to any action by the Commission to amend, repeal, or supplement any of these rules or to adopt new rules. The notice will include the time and place for the public hearing on the proposed actions. Copies of the notice and of the proposed changes or new rules shall be posted in Human Resources, and elsewhere as the Commission deems advisable. Copies of the notice and proposed actions shall be forwarded to County offices or departments, associations/unions upon request, and made available to the public for inspection upon request. The Commission, after public hearing, may take action on the proposed changes or new rules and such changes or new rules may be adopted by a majority vote. The Commission has the discretion to adopt new rules and proposed amendments, postpone adoption until further review and/or changes, or decline to add or amend rules. All rules and amendments adopted shall become effective the next business day following approval by the Commission. 94 ! TR-0445 ! Policy No. 7.6.02 Application of Civil Service Rules and Regulations Effective Date: March 16, 2007 Revised: Adopted May 24, 2012 Effective June 8, 2012 The rules and regulations in this Chapter are established pursuant to Chapter 158 of the Texas Local Government Code and apply to all County employees who are designated by state law with civil service status. While the Civil Service Rules and Regulations do not apply to employees in positions that are not covered by state law or positions specifically excluded by the Commission, these rules may serve as guidelines in developing individual discipline and conduct policies and procedures. Coverage for Deputy Constables. Deputy Constables are covered under these Rules and Regulations. Temporary positions. Employees filling temporary positions within the County do not obtain civil service status. Positions Not Covered By Law The following employees are not covered under the Civil Service Commission, pursuant to Chapter 158 of the Texas Local Government Code: Employees of the Criminal District Attorney’s Office The Official Shorthand Reporter of a court Elected or appointed officer under the constitution Employees of the Bexar County Auditor’s Office Employees of the Juvenile Probation Department The following employees are also not covered by law under the Civil Service Commission Employees of the Central Jury Office Employees of the Civil District Court Administration Employees of the Criminal District Court Administration Employees of the Juvenile District Court Administration Employees of the County Courts-at-Law District Court Administration 95 ! TR-0446 Positions Excluded by Civil Service A number of positions have been declared sensitive by Commissioners Court and thereafter excluded from Civil Service coverage by the Commission. Complete listings of these positions will be maintained by the Civil Service Director and are available at Human Resources. 96 ! TR-0447 Policy No. 7.6.03 Office and Department Policies Effective March 16, 2007 The Commission recognizes that offices and departments may need to supplement the Civil Service Rules and Regulations with more specific policies and procedures for each individual office or department. The office or department covered by civil service must prepare and submit the proposed department policies and procedures to the Commission for review and approval to assure that they do not conflict with any established rules or regulations of the Commission. The office or department policies and procedures are effective only after approval by the Commission during open session in accordance with the Texas Open Meeting Act. After Commission approval, each office or department shall furnish each employee a copy of the appropriate approved policies and procedures. The appropriate approved policies and procedures shall also be provided to each new employee. The Commission requires that office or department policies and procedures include notice that a violation of the policies and procedures by an employee may be cause for appropriate disciplinary action, and that any disciplinary action taken may be in addition to any penalties prescribed by law. 97 ! TR-0448 ! Policy No. 7.6.04 Sensitive and Excluded Positions Effective Date: March 16, 2007 Revised: Adopted May 24, 2012; Effective June 8, 2012 An office or department may seek to declare a position sensitive and then have the position excluded from civil service coverage. This requires the following two-step process: 1. Commissioners Court and the County Manager may declare a position sensitive. Therefore, the office or department must first provide to Commissioners Court or to the County Manager a request to designate a position sensitive along with supporting written justification based on the applicable criteria as outlined below. 2. If approved by Commissioners Court or the County Manager, the office or department must then present their request to the Commission for approval to exclude the sensitive position from civil service coverage, citing the applicable criteria as outlined below. Criteria for Declaring a Position Sensitive Commissioners Court1 has adopted the following criteria for considering whether a position should be declared sensitive: 1. The position reports directly to a board, elected or appointed official, or department head. 2. The position acts autonomously and operates on a regular basis with a minimum of supervision, based on direction from a board, elected or appointed official, or department head. 3. The position is responsible for a division within a department or a department within an office. 4. Discretion in decision-making is vital on a regular and constant basis. 5. The board, elected/appointed official or department head holds this position to a higher level of trust and confidentiality because of the involvement in various aspects of their administration, including but not limited to: policy development and implementation, delivery of service to the citizens of Bexar County or long range vision and planning. !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 1 !The!Criteria!for!Declaring!a!Position!sensitive!and!excluded!from!Civil!Service!was!adopted!by!the!Bexar!County! Civil!Service!Commission!on!April!30,!2001!and!by!Commissioners!Court!on!January!29,!2002.! 98 ! TR-0449 Positions Typically Qualified To Be Excluded From Civil Service The Commission has typically identified Executive and Manager Positions with the following job duties to be excluded: Executive ! Reports directly to elected or appointed official(s) or a board. ! May lead an office or department with multiple divisions. ! Develops strategies and long range plans. ! Sets policies and administers resources. ! Executives in Bexar County who assist elected or appointed officials in shaping the County’s vision and mission. ! Executives who are responsible to the elected or appointed official for carrying out the office or department’s overall strategic vision and mission. Manager ! Reports to an Executive, not in an administrative capacity. ! Responsible for a division or a department within an office. ! Discretion in decision making. ! High level of resources responsibility. ! Managers in Bexar County reporting directly to the executive and responsible for developing and implementing specific programs consistent with County and departmental strategies. ! Managers whose responsibility is to ensure that operations are consistent with the strategic direction of the County and the office or department. 99 ! TR-0450 Policy No. 7.6.05 Change in Civil Service Status Effective Date: March 16, 2007 Revised: Adopted May 24, 2012 Effective June 8, 2012 Retaining Civil Service Status If a current employee with civil service status voluntarily remains in a position that has been changed from covered under civil service to exclude from civil service, pursuant to Policy No. 7.6.04, Sensitive and Excluded Positions, the employee retains civil service status in the excluded position. Accepting a Non-Covered or Excluded Position If an employee with civil service status voluntarily changes positions and accepts a non-covered or excluded position, the employee does not retain civil service coverage in the non-covered or excluded position. For example, when an employee with civil service status accepts a position in the Auditor’s office, an office not covered by civil service, the employee does not retain civil service status. For a complete listing of non-covered offices and departments, and non-covered or excluded positions, please refer to Policy No. 7.06.02, Application of Civil Service Rules or contact Human Resources. !! 100 ! TR-0451 Policy No. 7.6.06 Probation Periods ! Effective Date: March 16, 2007 All new and re-employed regular employees are placed on probationary status for six (6) months, except law enforcement employees who serve a one year probationary period. Time spent as a temporary employee does not fulfill the probation requirements. During the probation period, the office or department has a right to terminate employment at any time for any reason that does not violate public policy. There is no right to appeal. An employee who is promoted during the probation period is continued on probation for the remainder of probation period. No new probation period is required if one is completed before the promotion. Voluntary Transfer An employee who voluntarily transfers from one office or department to another serves an initial six months’ probation in the new office or department. Involuntarily transfers or transfers for business needs are not subject to additional probation periods. 101 ! TR-0452 Policy No. 7.6.07 Posting Requirements for Vacancies ! Effective Date: March 16, 2007 Revised: Adopted May 24, 2012 Effective June 8, 2012 The office or department may recruit internally within the office or department or choose to recruit outside the office or department. If the position is filled through an internal transfer, no posting is required. For all other manners of filling a vacancy, posting is requires either internally or externally. Internal Posting Procedures Internal postings are done by the office or department for a minimum of three (3) business days. The posting should include the position description, any special requirements or preferred qualifications and where applications are being received. Applicants must meet the minimum job requirements of the posted position. External Posting Procedures A vacancy that the office or department chooses to recruit for externally must be posted for a minimum of five (5) business days by the Commission. All position postings should include the position description as well as special requirements or preferred qualifications. The office or department should complete and submit the Job Announcement Request Form to Human Resources for posting. Posting requests will be processed three (3) business days. The vacancy will be posted on the Bexar County website for a minimum of five (5) business days unless the office or department requests an additional period. A position may be posted “Open until Filled” at the request of the office or department. The office or department should notify Human Resources as soon as possible when the posting should be removed from the web site. Once the posting has closed all applications for applicants who have passed all the required screening test will be forwarded to the hiring office or department. Once a list of candidates has been selected for further review and/or for interviews, the hiring office or department will forward that list to the Civil Service Director. The Civil Service Director will certify that the final candidates meet the minimum qualifications for the position being filled and inform the hiring office/department in five (5) business days. 102 ! TR-0453 Upon receipt of certification of eligible candidates, the hiring office or department should proceed through a competitive process to select a candidate who is best- suited for the position. Testing Any required testing identified on the position description such as typing tests and logic tests will be administered through the Commission or through the Texas Workforce Commission. Logic Test Only those applicants that meet the qualifying score of 70 on the Bexar County logic test will be sent to the office or department. The logic tests are valid for one (1) year from the date of the test for external applicants. Typing Test Only those applicants that meet the required typing test score for the position will be sent to the office or department. The typing test scores for external candidates are valid for one (1) year from the test and for three (3) years for internal candidates. ! 103 ! TR-0454 Policy No. 7.6.08 Certification of Position Descriptions ! Effective Date: March 16, 2007 Revised: Adopted May 24, 2012 Effective June 8, 2012 New position descriptions or changes to existing position descriptions require approval by the Office of the County Manager and certification by the Commission. See guidelines set out in Human Resources Policy 7.2.04 Position Descriptions. ! 104 ! TR-0455 Policy No. 7.6.09 Reasons for Discipline Effective Date: March 16, 2007 In addition to violation of office or department policies and procedures, an office or department many take disciplinary action against an employee if it is determined that the employee has committed any of the following violations, to include but not be limited to: a. Poor attendance - excessive absences and/or tardiness. b. Insubordination – unwilling to follow orders of a supervisor or higher level of authority. c. Dishonesty – characterized by a lack of trust, honesty, or truthfulness. d. Failure to provide notice of absence. e. Misuse of leave. f. Unauthorized absence – absence from duty which is not authorized or for which a request for leave has been denied. g. Fighting or otherwise disrupting relations between employees during normal duty hours. h. Failure to accept a transfer, either lateral or to an uncovered position, failure to report to a different duty location or failure to report to a different position for rotation of job duties. Failing to report to or choosing not to accept a new assignment may result in termination. i. Failure to perform the job requirements. j. Being in possession and/or under the influence of intoxicating beverages or substances or illegal controlled substances while on duty. k. Sexual harassment. l. Poor job performance. m. Physical or verbal abuse of fellow employees, supervisors or the public. n. Fraud or misrepresentation in the selection process, discovered within five years. If the employee is not qualified or not suitable for the position, the Commission may direct the removal of the employee on the basis of intentional fraud misrepresentation. o. Perjury. p. Violation of any statute, Civil Service Rule or Regulation, or any duty authorized office department rule or policy. q. Knowingly creating and submitting false and/or slanderous reports and/or gossip regarding fellow employees, supervisors or subordinates. r. Conduct or actions that seriously impair the employee’s job effectiveness. s. Conduct which is detrimental to or has an adverse effect on the office or department. 105 ! TR-0456 t. Failure to obtain and maintain any position qualifications, licenses or certifications required by the employee’s position description. u. Exhaustion of leave in excess of the allowable maximum period authorized by federal, state, county or local laws and rules. v. Conviction of a felony offense, class B or above misdemeanor, or any crime involving moral turpitude which relate to job functions. w. Failure to satisfactorily complete, obtain or maintain the required physical and/or psychological fitness for duty test. x. Solicitation or acceptance, directly or indirectly, of any gift, favor, entertainment loan or other thing which has monetary value in exchange for some action of the employee in the employee’s official duties for the County. This includes solicitation between employees for gifts for superiors. y. Accepting gifts from contractors, vendors or other persons who are employed by persons/entities who are dealing with or attempting to deal with the County. These rules do not apply to calendars and similar articles that bear the donor’s advertising. z. Outside employment that conflicts with an employee’s duties for the County. An employee shall not receive additional compensation from a source other than the County for work performed for the County. An employee may not conduct outside employment on County time. Further, an employee shall not utilize sick leave in order to appear for outside employment. All outside employment will be approved according to each office or department’s rules. aa. Financial interests that conflict with an employee’s employment with the County. bb. Misuse or allowing the misuse of County property, directly or indirectly. cc. Release of confidential information or misuse of information obtained through employment with the County. dd. Gambling or betting while on County time. ee. Failure to maintain current address and/or telephone number with the office or department. ff. Forcing co-workers to donate to an office fund or collection. gg. Conduct that occurs off duty that negates the effectiveness of the employee or the office or department. hh. Bidding on County equipment sales, unless required by the employee’s position. 106 ! TR-0457 Policy No. 7.6.10 Progressive Discipline Effective Date: March 16, 2007 Revised: Adopted May 24, 2012 Effective June 8, 2012 Bexar County subscribes to a policy of systematic progressive discipline, when possible, to permit an employee who violates policies or exhibits unsatisfactory job performance an opportunity to comply with office or department requirements and correct his or her actions. Bexar County employees are expected to conduct themselves responsibly and with propriety in their work and are expected to abide by all policies and regulations of the County. To enable them to do this, each office or department should develop clear and reasonable policies and performance expectations, investigate the circumstances of apparent policy or rule violations or unsatisfactory performance before taking disciplinary action, and ensure that prompt, consistent disciplinary action is administered. No disciplinary action may be taken against an employee based on race, color, sex, national origin, age, disability, religion, political affiliation/association or for any other discriminatory reason. Levels of Disciplinary Action Each office or department has the authority and responsibility to take disciplinary actions against an employee for cause misconduct or for poor work performance. The levels of disciplinary action include: 1. Oral Counseling 2. Written Reprimand 3. Suspension 4. Demotion 5. Termination In determining the level of discipline to impose, the office or department should consider factors that it deems relevant on a case-by-case basis, including but not limited to the following: 1. The seriousness of the employee’s offense; 2. The position the employee holds; 107 ! TR-0458 3. The employees’ employment history, including any previously imposed disciplinary actions which occurred within the pervious twenty-four (24) months, shall be considered; instances of suspensions or demotions which occurred within the previous thirty-six (36) months shall also be considered; 4. Other similar disciplinary actions within the office or department; and 5. The progressiveness of the discipline, where practicable. Resignation in Lieu of Discipline An employee who faces disciplinary action may voluntarily resign prior to the issuance of a disciplinary action. Resignation shall not be forced upon the employee by the office or department. If an employee chooses to resign, they may submit their resignation in writing to their office or department. ! 108 ! TR-0459 Policy No. 7.6.11 Disciplinary Actions Effective!Date:!March!16,!2007! Oral Counseling: An oral counseling is the most common method for assisting the employee to improve work performance or comply with rules and policies. Written Reprimand: A written reprimand should state that it is a “written reprimand” and shall state that further disciplinary action will occur if the employee fails to achieve a satisfactory level of performance. A copy of the written reprimand should be provided to the employee. Suspension: A suspension is the temporary release from duty of an employee for up to thirty calendar days without pay. A suspension is applicable when a prior reprimand does not produce satisfactory results in correcting behavior, or when the office or department determines that a violation of a rule or policy is serious enough to warrant a suspension without prior use of less severe discipline. Forfeit of Leave in Lieu of Release from Duty. In lieu of release from duty, employees may request from their office or department to forfeit time from their available vacation leave, personal leave, FLSA, compensatory, or discretionary time up to a total of five days in one fiscal year. An employee allowed to do so will agree to report to work on those days of the forfeited leave and waive their right to appeal the suspension. The employee must sign an agreement which will be attached to the suspension in the employee’s personnel file. Demotion: A demotion is the involuntary reduction of an employee’s pay grade and classification by the office or department. Demotion is applicable when a prior reprimand or suspension does not produce satisfactory results in correcting behavior, or when the office or department determines that a violation of a rule or policy is serious enough to warrant a demotion without prior use of less severe discipline. 109 ! TR-0460 Termination: A termination is the involuntary discharge of an employee by the office or department. Discharge is applicable when a prior reprimand, suspension, or demotion does not produce satisfactory results in correcting behavior, or when the office or department determines that a violation of a rule or policy is serious enough to warrant a termination without prior use of less severe discipline. Disciplinary Action within 120 Days A disciplinary action cannot be filed against an employee for a non-criminal violation that occurred over 120 days prior to the service of the Notice of Proposed Disciplinary Action or written reprimand, unless it can be shown that the conduct was actively concealed. A disciplinary action for criminal activity can be brought at any time. Notice of Proposed Disciplinary Action and Reply Prior to suspending, demoting or terminating an employee, the office or department shall provide the employee with a notice of proposed disciplinary action and provide a reasonable opportunity for the employee to respond orally or in writing to the charges. The office or department should review and inspect any and all evidence which supports the employee’s position before the proposed disciplinary action takes place. Notice of Proposed Disciplinary Action The office or department shall prepare a Notice of Proposed Disciplinary Action and include the following information. 1. The specific policies or rules violation. 2. The specific details of the violation(s), including names of witnesses, dates and times. 3. Inform the employee that the action is proposed and not a final decision. 4. Inform the employee that they have a right to reply and that the reply will be considered. 5. Inform the employee to whom the reply should be directed. Service of the Notice of Proposed Disciplinary Action The Notice of Proposed Disciplinary Action, if practicable, should be made in person with a written receipt obtained. If personal service is not available, service is deemed complete if the Notice is sent by certified mail to the employee’s last known address. Employee Reply An employee shall have ten (10) business days from the day of receipt of the Notice of Proposed Disciplinary Action to reply as directed to the office or department. An employee shall have five business days to reply if there is reasonable cause to believe that the employee is 110 ! TR-0461 guilty of a crime for which a prison or jail sentence can be imposed. The day of receipt is not counted. If mailed, the reply must be postmarked by the reply date. Notice of Disciplinary Action The office or department has ten (10) business days from the receipt of the employee’s reply to send the employee a written Notice of Disciplinary Action. The day of receipt is not counted. The deadline may be extended by written agreement of the parties. Notice of Disciplinary Action The Notice of Disciplinary Action shall include the following: 1. Inform the employee of the office or department’s decision. 2. The effective date of the disciplinary action, which if not specified in the Notice, is deemed to be one day later than the date of receipt of the Notice by the employee. 3. Identify the reasons for the disciplinary action. 4. Inform the employee of the right to appeal the decision to the Commission. 5. Identify the individual(s) to whom such appeal should be addressed. 6. Identify the person or office from which the employee may obtain any additional information about the employee’s rights. Service of the Notice if Disciplinary Action The Notice of Disciplinary Action, if practicable, should be made in person with a written receipt obtained. If personal service is not available, service is deemed complete if the Notice is sent by certified mail to the employee’s last known address. Copies of Disciplinary Actions A copy of the Notice of Disciplinary Action and Proposed Notice of Disciplinary Action shall be placed in the employee’s personnel file after ten (10) business days if no appeal of the Disciplinary Action has been filed with the Commission. If an appeal of the Disciplinary Action has been filed with the Commission, a copy of the Notice of Disciplinary and Proposed Notice of Disciplinary Action should not be placed in the employee’s personnel file until the appeal is resolved by the Commission or the appeal is withdrawn by the employee. 111 ! TR-0462 Policy No. 7.6.12 Investigative Administrative Leave Effective!Date:!March!16,!2007! Investigative Administrative Leave is the temporary release from duty or job transfer for up to ten (10) days with pay to permit the investigation of a serious violation of office, department or civil service rules and regulations. The office or department shall place an employee on Administrative Leave when the disciplinary action arises from an incident which constitutes a crime against the County. The office or department may place an employee on Administrative Leave if it is in the best interest of the County and there is no lateral position to which the employee may be reassigned. The period of leave may be extended in increments of 10 business days. Upon completion of the investigation, the employee may be returned to work without penalty or disciplinary action may be taken. 112 ! TR-0463 Policy No. 7.6.13 Personal Grievances Effective Date: March 16, 2007 A personal grievance is a written complaint made by an employee concerning a condition of employment and includes grieving a written reprimand. Filing a Grievance within an Office or Department 1. An employee must file a written personal grievance with the elected/appointed official, department head or their immediate supervisor within ten (10) business days from the first date of occurrence or the first date the employee became aware of the occurrence of the incident or condition which is the subject of the grievance. The day of occurrence is not counted. a. Failure to meet the time limit for initial filing acts as a forfeit of the matter grieved. b. The grievance should clearly state “Personal Grievance.” c. An employee cannot grieve an occurrence of incident or conduct that occurred during an employee’s probationary period. d. An employee cannot grieve an oral counseling. 2. The office or department has ten (10) business days to respond in writing to the employee’s personal grievance. The day of receipt is not counted. Failure to meet the time limit does not act as a default or forfeit of the matter grieved. 3. The parties may, by written agreement, extend the deadline to respond. Filing an Appeal with the Commission 1. If the employee is not satisfied with the final written determination from the office or department or if no determination is issued, the employee may appeal to the Commission. The appeal shall be written on the Employee’s Appeal Form available from the Commission and shall be filed within 10 business days of receipt of the final determination or the date the determination was due. The day of receipt or determination due date is not counted. An appeal not on the Employee Appeal Form will not be accepted for filing. 2. Any appeal filed after the deadline is null and void and shall not be accepted for filing by the Commission. Commission staff shall inform the Commission of any appeal that was not accepted. 113 ! TR-0464 3. The Commission has no jurisdiction to hear an appeal regarding budgetary matters, reorganizations, and other matters not specified in Texas Local Government Code, sections 158.001 et. seq., as amended. Hearing Procedures Requesting a Department Response Form The Civil Service Director will request a response from the office or department. A response by the office or department should be made on the Department Response Form and filed in ten (10) business days. The day of receipt is not counted. Setting the Matter for Hearing The Commission will set the matter for hearing. Appeals from personal grievances are the last in the order of priority for hearing settings. Notice of Hearing 1. The employee must keep the Commission informed of their current address. 2. The Commission will notify all parties of the hearing date, time and location. This notice will be provided with at least two weeks prior to the hearing date. A letter mailed to the last known address of the employee will constitute notice. Request for Continuance Any request to re-set a hearing must be made in writing seven (7) days prior to the scheduled hearing, unless an emergency arises. By agreement of the parties, the Commission will cancel and re-set the hearing date. However, the Commission will not re-set a hearing more than twice unless the parties agree. Attendance at the Hearing 1. The employee must be present at the hearing and may represent themselves or be represented by another person. The employee should notify the Commission of the selection of a representative and who the representative will be. Any representative shall act as the spokesperson for the employee during the appeal process. 2. The Commission has the authority to administer oaths to all witnesses. Once sworn, witnesses will be subject to penalties for perjury. 3. At the beginning of the hearing, the reason for the appeal from the personal grievance shall be read including the date of occurrence and the remedy requested by the employee from the Employee’s Appeal Form. 114 ! TR-0465 4. The hearing shall be open to the public unless the employee notified the Commission in writing five (5) days prior to the hearing date that the employee wishes the hearing to be closed. 5. Either party may invoke “The Rule,” Texas Rule of Evidence 613, which means that all witnesses, excluding the office or department representative and the employee, will not be allowed to remain in the hearing, or no witness shall discuss their testimony with other witnesses. 6. The employee will present their appeal to the Commission first and the employee carries the burden of proof. 7. The office or department will have an opportunity to respond. 8. The employee will then be allowed to respond to the office or department. 9. Each side may call witnesses and will be allowed to cross-examine each other’s witnesses. 10. The Commission may ask any questions necessary of any party or witness or recall any witness if necessary for clarification. 11. Any witness may be released by the Commission after giving testimony. 12. Five copies of any documents must be submitted. 13. Each side shall have an opportunity to make a closing statement to the Commission. The employee shall make the first closing statement followed by office or department. The employee may choose to make a short rebuttal after the closing statement of the office or department. 14. The Commission may recess to deliberate in executive session. 15. If an executive session is held, the Commission shall reconvene in open session and make a decision. The Commission may choose to deny the appeal or grant the relief requested, which may include an award of back pay if authorized by statute. 16. If the employee is to receive back pay by order of the Commission, the employee shall receive full compensation at the rate of pay that was provided for their position at the time of their appeal or the amount of compensation considered fair by the Commission. Should the office or department refuse to reinstate the employee as ordered by the Commission, the employee shall be entitled to their full salary just as though they had been reinstated as ordered. 115 ! TR-0466 17. A written order shall be entered which states the Commission’s ruling. Such order shall be signed by the members of the Commission who made the decision and sent to all parties. Copy of the Record A tape recording of all hearings will be on file in the Human Resources Office. A copy will be provided upon request as permitted by law and payment of all costs in advance. 116 ! TR-0467 Policy No. 7.6.14 Suspension, Demotion or Termination - Appeal & Hearing Effective Date: March 16, 2007 1. An employee who wishes to appeal a suspension, demotion or termination may appeal to the Commission. A written appeal on the Employee’s Appeal Form available from the Commission shall be filed within ten (10) business days after receipt of the Notice of Disciplinary Action. The day of receipt is not counted. An appeal not on the Employee Appeal Form will not be accepted for filing. a. An appeal filed after the deadline is null and void and shall not be accepted for filing by the Commission. b. The appeal shall be styled “Employee versus the office or department” and not the elected/appointed official or department head. c. An employee cannot file an appeal of a disciplinary action occurring during an employee’s probationary period. 2. The Civil Service Coordinator will request a response from the office or department. A response by the office or department should be made on the Department Response Form and filed in 10 business days. The day of receipt is not counted. Hearing Procedures Setting the Matter for Hearing 1. The Commission will set the matter for hearing. 2. The order of priority of appeals before the Commission is terminations, demotions and suspensions. Notice of Hearing 1. The employee must keep the Commission informed of their current address. 2. The Commission will notify all parties of the hearing date, time and location. This notice will be given at least two weeks prior to the date of the hearing. A letter sent by certified mail to the last known address of the employee will constitute notice. Attendance at the Hearing 1. The employee must be present at the hearing and may represent themselves or be represented by another person. The employee should notify the Commission of the 117 ! TR-0468 selection of a representative and who the representative will be. Any representative shall act as the spokesperson for the employee during the appeal process. 2. If the employee is not present at the time of hearing, the Commission shall dismiss the appeal and enter a written order to that effect. 3. The office or department must be present through the elected official, department head or representative. Hearing 1. Two Commissioners is a quorum which allows a hearing to proceed. 2. The Commission has the authority to administer oaths to all witnesses. Once sworn, witnesses will be subject to penalties for perjury. 3. At the beginning of the hearing, the disciplinary action shall be read including the date of occurrence and the rule or policy violated from the Department Response Form. 4. The hearing shall be open to the public unless the employee notified the Commission in writing prior to the hearing date that the employee wishes the hearing to be closed. 5. The office or department has the burden of proof and of going forward at the hearing. 6. Either party may invoke “The Rule.” Texas Rule of Evidence 613 which means that all witnesses, excluding the office or department representative and the employee, will not be allowed to remain in the hearing and no witness shall discuss their testimony with other witnesses. 7. Each party may make a brief opening statement to the Commission. The office or department will go first, followed by the employee. 8. The office or department will present their witnesses first and has an opportunity to present rebuttal witnesses. 9. The employee will present their witnesses second and be allowed to respond to the office or department. 10. Each side may call witnesses and will be allowed to cross-examine each other’s witnesses. 11. The Commission may ask any questions necessary of any party or witness or recall any witness if necessary for clarification. 12. Any witness may be released by the Commission after giving testimony. 13. Five copies of any document must be submitted. 14. Each side shall have an opportunity to make a closing statement to the Commission. The office or department shall make the first closing statement followed by the 118 ! TR-0469 employee. The office or department may choose to make a short rebuttal after the closing statement of the employee. 15. The Commission may recess to deliberate in executive session. 16. If an executive session is held, the Commission shall reconvene in open session and make a decision. The Commission may choose to deny the appeal and uphold the disciplinary action, impose a lesser penalty than the one taken by the office or department and may include an award of back pay, or overturn the disciplinary action. The Commission is not limited in the length of time a suspension may last. 17. If the employee is to receive back pay by order of the Commission, the employee shall receive full compensation at the rate of pay that was provided for their position at the time of their appeal or the amount of compensation considered fair by the Commission. Should the office or department refuse to reinstate the employee as ordered by the Commission, the employee shall be entitled to their full salary just as though they had been reinstated as ordered. 18. A written order shall be entered which clearly states whether the action will be upheld, dismissed or reduced. Such order shall be signed by the members of the commission who made the decision and sent to all parties. Copy of the Record A tape recording of all hearings will be on file in the Human Resources office. A copy will be provided upon request as permitted by law and payment of all costs in advance. Appeal to District Court Pursuant to chapter 158 of the Texas Local Government Code, an employee who on final decision by the Commission is demoted, suspended or removed from the employee’s position may appeal the Commission’s decision in district court within 30 days of the date of the decision. 119 ! TR-0470 Policy No. 7.6.15 Fitness for Duty Evaluation Effective Date: March 16, 2007 Revised: Adopted May 24, 2012 Effective June 8, 2012 Offices or departments have authority to direct an employee to take a fitness for duty medical examination when a specific injury, incident, action, or behavior indicates that such an evaluation may be warranted. Written Order and Administrative Leave The office or department shall provide the employee with a written Order for Fitness for Duty Evaluation which provides the reason(s) the evaluation is being ordered. The Order should also include whether the employee will be placed on Administrative Leave, with pay, or retained on duty until a final determination is made. Medical Evaluation The employee should be referred for medical examination with a statement of the particular demands of the position and a statement of how the employee’s performance fails to meet these demands. Evaluations will be conducted either by a physician, psychiatrist or psychologist under contract or employed by the County, as appropriate, at no expense to the employee. A list of doctors may be obtained from Human Resources. Failure to Complete the Evaluation Failure by the employee to complete the evaluation process may result in disciplinary action, including termination. Removal from Duty In the event that the medical evaluation finds the employee not fit for duty, the employee will be removed from their position pursuant to Bexar County Civil Service Rules and Regulations. If the employee has a permanent disability protected under the Americans with Disabilities Act, the employee may be considered for an open position within that office or department. The employee must perform the essential functions of the job in question, with or without reasonable accommodation, and must meet the minimum job requirements. The employee’s salary will depend on the pay range for the open position and will be in accordance with County policy. If there are no open positions or the employee refuses the offer, the office or department will proceed with the termination. 120 ! TR-0471 Appeal Procedures - Fitness for Duty Actions An employee who is suspended, demoted or terminated under this policy may file an appeal under the appeal procedures outlines under Bexar County Civil Service Rules and Regulations. Three Doctor Panel 1. If the aggrieved employee files a timely appeal with the Commission, the Commission will select a panel of three (3) physicians or psychiatrists (depending on the nature of the fitness requirement) and submit the names and addresses of the panel of three (3) doctors to the appealing employee. The list of doctors should be sent by certified mail to the employee’s last known address. 2. The appealing employee has the option of being examined by at least two (2) of the three (3) doctors on the panel to determine the employee’s fitness for duty. All expenses and fees for these medical evaluations by the panel shall be paid for by the County if the employee is found fit for duty by two of the three doctors. If the appealing employee is not found fit for duty by two of the three doctors, all expenses and fees for the medical evaluations shall be paid for by the appealing employee. 3. The evaluations must be conducted and the doctors’ reports submitted to the Commission within thirty (30) business days after receipt of the notification by the Commission. Failure by the appealing employee to schedule the evaluation or have the reports submitted timely will act to forfeit the appeal. 4. In order to aid in the evaluation of the employee, the Commission shall require the office or department, or the physician, psychiatrist or psychologist under contract or employed by the County, to submit the results of the fitness for duty evaluation and any attending medical records or reports to the doctors on the panel selected by the employee. The appealing employee must sign a medical release and will be responsible for any cost for obtaining these records if found not fit for duty by two (2) of the three (3) doctors. Furthermore, the Commission shall require the appealing employee to submit any medical records or reports concerning their condition prepared by their personal physicians or hospitals to the doctors on the panel selected by the employee. 5. The selection of the panel of doctors by the Commission shall be made from a list of eligible physicians or psychiatrists maintained by the Commission for this purpose. Eligibility for any doctor to be appointed to the list shall be determined by the Commission based upon the recommendations of the Bexar County Medical Association. Additionally, none of the appointed doctors on the panel may be employed by the County or under contract to the County or under contract to the County. 6. If two (2) out of three (3) doctors on the panel find that the appellant is fit for duty, the Commission will order the reinstatement of the appealing employee. 121 ! TR-0472 Hearing before the Commission The Commission will not hold an evidentiary hearing concerning Fitness for Duty Evaluation appeals and will not analyze or debate medical findings or evidence. The Commission’s decision will be solely based on the recommendations of the panel. The Commission recognizes that there may be instances where an appealing employee may have been disciplined for conduct or acts which are unlawful or rule infractions which led to their fitness for duty re-evaluation, as well as being demoted, suspended or dismissed for the required fitness for duty. In those cases, the Commission shall resolve the issue of fitness for duty through the above procedures before determining the issue of the conduct or rule or violation If the appealing employee is reinstated on the issue of fitness for duty, the office or department is not prohibited from bringing or maintaining disciplinary action against the employee for any conduct or rule violations which led to the fitness for duty evaluation. Any disciplinary action for such conduct or action shall be severed from the fitness for duty issue and dealt with at a separate evidentiary hearing. 122 ! TR-0473 ! BEXAR COUNTY DEPARTMENT OF HUMAN RESOURCES Workforce Development Policies 7.7.01 Performance Appraisals 7.7.02 Training and Development Program 7.7.03 Tuition Assistance Program 123 ! TR-0474 Policy No. 7.7.01 Performance Appraisals Effective Date: January 1, 2007 Bexar County has adopted a Performance Appraisal process to provide information and feedback about employee job performance to the employee, supervisor and management. Performance Appraisals provide the supervisor and the employee with a means of discussing the employee's job duties and responsibilities along with work circumstances and work environment. Performance Appraisals should be conducted on the employee’s anniversary date in the office/department. Performance Appraisal Forms Employee Performance Appraisal forms and Employee Self-Evaluation forms, as well as an explanation of performance dimensions, can be obtained by contacting the Human Resources Department. Employee Responsibilities Employees can voluntarily complete an Employee Self-Evaluation form which will assist supervisors in completing the Employee Performance Appraisal. Office and Department Responsibilities The office or department should personally inform an employee that a performance appraisal is upcoming and ask the employee to voluntarily complete and submit their Employee Self- Evaluation by a certain date. If submitted, the office/department should meet with the employee and discuss the information from the Employee Self-Evaluation. The office or department should then complete the Employee Performance Appraisal form with any recommended action. The office or department should furnish the completed Employee Performance Appraisal form to the employee and meet again with the employee to review the final appraisal and to obtain the employee's signature. If there are any changes to the final recommendation, the changes should be reviewed with employee as soon as possible and a final copy of the Employee Performance Appraisal should be provided to the employee and maintained in the employee’s personnel file. 124 ! TR-0475 Policy No. 7.7.02 Training and Development Program Effective Date: January 1, 2007 Bexar County has established a Training and Development program which is designed to encourage employees in the development of skills, knowledge and abilities that will assist employees in becoming fully qualified for their current position and enhance their opportunity for advancement. Through this program, quality training is provided at no cost to employees and is available for all County employees. Offices and departments are strongly encouraged to allow employees to participate in the various training events offered throughout the year and to designate an office or department training liaison to work with the Training and Development Specialist in Human Resources. Employees must notify their supervisor for classes they are interested in attending and request approval from the office or department to attend any of these classes. The office or department training liaison will notify the Training and Development Specialist to register interested employees for each class. ! 125 ! TR-0476 Policy No. 7.7.03 Tuition Assistance Program Effective Date: January 1, 2007 Tuition Assistance Request Form (PDF) Bexar County provides a Tuition Assistance Program to encourage eligible employees to continue their education. This program provides tuition assistance for academic and technical courses taken at an accredited college/university or a recognized technical training school. Courses must be related to the employee’s present position or to a position that the employee could reasonably progress to within the County. Courses taken must not interfere with the business needs of the County. Eligibility All full-time, regular employees in positions authorized by Commissioners Court are eligible to participate after they have completed their first six months of employment. The following are ineligible for tuition reimbursement: 1. Part-time employees (those employees who work less than thirty-two (32) hours per week); 2. Contract employees; 3. Employees who have not completed their probationary period; 4. State employees (e.g., employees from Community Supervision and Correction); 5. Temporary employees, including interns; 6. Employees on disability or an approved leave of absence; 7. Programs leading to a doctoral degree (any post-graduate doctoral-level degree, including, but not limited to: Ph.D., Psy.D., MD, JD, Ed.D); 8. Courses for which reimbursement has already been paid; or 9. Courses involving sports, games, or hobbies (unless required as part of a degree program/plan). 126 ! TR-0477 Retention Agreement By participating in this program, the employee agrees to a one-year retention commitment to the County. The employee must remain employed with the County for a minimum of one year from the date on the most recent issued reimbursement check. If the employee terminates his or her employment with the County or if the employee is terminated for cause, the Auditor’s Office will deduct a prorated amount from the employee’s final paycheck to refund the County. If the total amount owed back to the County cannot be recovered in full from the employee’s final paycheck, a balance letter will be mailed to the employee for the remaining balance due. Program Guidelines This program allows an employee to receive a partial reimbursement for tuition and mandatory fee costs (as identified below) at a maximum of two courses per school term as identified below, with a maximum of six courses per fiscal year. A school term is defined as a: a) Fall semester or quarter between August and December; b) Spring semester or quarter between January and May; or c) Summer semester or quarter between May and August. Funding is based on the fiscal year, and reimbursements are paid out on a first-come first-serve basis. Availability of reimbursement is subject to budget limitations. Reimbursement costs include tuition and mandatory fees such as lab fees, library fees, student center fees, automated services and records processing, registration, student services, and identification cards fees. Reimbursement costs do not include internships or supplementary costs, such as books, course supplies, parking, late fees, penalties and orientation fees, applications for graduation, installment fees, or copies of official transcripts or certificates. Prior approval of tuition reimbursement is not a guarantee that the employee will be reimbursed. Reimbursement is contingent upon budget constraints and which employee is first in line to receive reimbursement. Obtaining prior approval to participate in the program serves only to put the department, Human Resources, and the Auditor on notice that reimbursement is requested. 127 ! TR-0478 Amount of Reimbursement The maximum amount of reimbursement for college courses is based upon the prevailing tuition rate set by the University of Texas-San Antonio (UTSA). Non-college courses, pass-fail courses, certificate courses, or professional development courses are paid at the prevailing UTSA rates or the rate the employee paid, whichever is lower. The amount reimbursed is contingent upon the employee’s successful completion of courses as follows: Undergraduate Graduate Graded Non-Graded Pass-Fail Graded Courses Courses Courses Courses 90% - a grade of A 90% - a grade of A 50% - Satisfactory 50% - Pass 80% - a grade of B 80% - a grade of B 0% - non-satisfactory 0% - Fail 50% - a grade of C 50% - a grade of C or below 0% - a grade of D or 0% - a grade of D or below below If the employee received scholarships, grants, or gifts, participate in education assistance, or GI Bill programs to cover all or part of the cost of tuition, that amount will be used to calculate the employee’s tuition reimbursement. Employees are not eligible to receive two types of tuition reimbursement. Student loans are not calculated against tuition reimbursement. Procedures Employee Responsibilities 1. The employee must obtain the approval of their office or department prior to seeking reimbursement for each school term. Courses taken must not interfere with the employee’s duties, responsibilities, or attendance. 2. The employee must be eligible (as outlined above). The employee must be pursuing an associate, undergraduate, master’s degree program or an approved certificate or training program. 3. The employee must fill out and submit the Employee Tuition Assistance Application form to Human Resources within thirty (30) days after the date of registration. A new application form must be submitted for each school term. 4. Human Resources will audit all tuition assistance applications. Human Resources will make the final determination for tuition assistance eligibility and make the final approval of all tuition assistance applications. 128 ! TR-0479 5. Incomplete applications will not be processed. It is the employee’s responsibility to ensure a complete application is submitted to Human Resources within the 30-day application period. a) Human Resources may contact an employee regarding incomplete applications. If an incomplete application is submitted and not completed within the 30-day application period, the application will automatically be denied without further notice to the employee. b) Human Resources may contact an employee regarding denied or rejected applications. It is the responsibility of the employee to check the status of his or her tuition reimbursement application and tuition assistance checks. 6. Within 30 days of the final day of classes (excluding the posted final exam schedule), the employee must submit a verifiable copy of the course grade or certificate of completion to Human Resources. An internet printout of the unofficial transcript with the grades displayed is acceptable. 7. Once the course(s) is complete, the employee must submit to Human Resources a copy of the grade the employee received for the course(s) and the itemized tuition invoice showing tuition, fees, credits, and charges. An internet printout of both documents is acceptable. 8. The employee’s signature on the receipt of the tuition assistance check confirms a one- year retention commitment. A copy of the receipt form will be given to the employee and a copy will be included with the employee’s personnel file. 9. Once the reimbursement check is issued, the Auditor’s Office will notify Human Resources. The employee must pick up the reimbursement check from the Auditor’s Office and must present a valid form of photo identification. Office or Department Responsibilities 1. Offices and departments should refer all employees to Human Resources or to the County intranet to obtain the Employee Tuition Assistance Application form. 2. Only signed Employee Tuition Assistance Application forms should be submitted to Human Resources. Grandfather Clause A completed application on file for the current school term at the time a policy update is adopted will be fulfilled, so long as there is money in the budget to reimburse the employee. A completed application on file for a school term that begins after a policy update is adopted will be subject to any new eligibility and program guidelines set forth in the policy update. 129 ! TR-0480
Document Info
Docket Number： 04-15-00341-CV
Filed Date： 11/17/2015
Precedential Status： Precedential
Modified Date： 4/17/2021