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HomeMy WebLinkAbout1986-05-06 CSB SPECIAL HEARING• • • PRESENT: ABSENT: OTHERS: BOARD OF CAREER SERVICE COMMISSIONERS May 6, 1986 SPECIAL HEARING Tom Fitzpatrick, Janet Kerzic, JoEllen Turner, Cathy Pokraka Don Weber Peter Juenemann, EEA/AFSCME President Michael Gruninger, EFFA President John Knoth Mel BeVirt, Employee Relations Director Gary Kasson, EPBA President Commissioner Pokraka called the meeting to order. A roll call vote was taken and a quorum was established The purpose of the meeting was three-fold. The first item on the agenda was Commissioner's Choice. A letter of resignation from Chairman Don Weber was received. Commissioner Fitzpatrick moved to accept the resignation effective today. Commissioner Kerzic seconded. The vote was unanimous. For the record, Commissioner Pokraka received the letter last Friday evening and it was dated earlier. The letter will be on file with the Recording Secretary and available to anyone who wishes to see it. There was discussion of the selection of a new chairperson. Commissioner Fitzpatrick stated that the Board would be opening the position to any member of the community and a notice would be placed in the Sentinel. Interviews will be conducted at a later date and the majority decision will rule. The requirements are outlined in Charter 138.3 was read. Commissioner Kerzic moved to place an ad in the Sentinel. Commissioner Fitzpatrick seconded and the vote was unanimous. The next order of business was the Carter decision. The formal and written decision was accepted. Commissioner Turner moved and Commissioner Fitzpatrick seconded to accept the written decision as previously read and so attached. The vote was unanimous. Commissioner Kerzic moved to adjourn. The Board conducted further business as noted in other minutes. / " ./ r /~ ".; ./ ' Cathy Pokraka, Vice Chairman BEFORE THE CAREER SERVICE BOARD OF THE CITY OF ENGLEWOOD, COLORADO IN THE MATTER OF THE DISCIPLINARY APPEAL OF JASPER CARTER ) ) ) FINDINGS AND DECISIONS This is an appeal from a disciplinary suspension, transfer of shift and revocation of duty work privileges, imposed on Jasper Carter, Police Officer employed by the City of Englewood. A hearing was held before the career Service Board on April 16, 1986. The City appeared by Police Chief, Robert Holmes and the Appellant appeared in person. On March 14, 1986, Police Chief Robert Holmes imposed three working days suspension from duty without pay, transfer to watch I until further notice and revocation of all off-duty work privileges for 90 days. The disciplinary action was based on an incident, while on duty, which occurred on February 27, 1986, in Englewood, Colorado. The witness, a Sergeant in the Police Department of the City, testified that he came upon Jasper Carter parked in his patrol car by a building in the 2500 block of s. Tejon Street, February 27, 1986, after trying to get Jasper Carter's attention twice, observed that he had been sleeping. The Sergeant then spoke to Jasper Carter in the form of an oral reprimand about the reasons why he had been sleeping on duty. As no time did Carter state that he had not been sleeping on duty. In the charge statement by the City, "It was discovered that on a regular basis you have not been calling out and notifying dispatch when making building checks, and in some cases, you have inappropriately logged business checks on your Daily Field Activity Report." Evidence submitted, Appellant Exhibit B, states, "The Officer must advise radio of his location the concern he has." Testimony from the City sated that in a meeting with Officer Jasper Carter, he was uncooperative and exhibited less than desirable behavior. In the City;'s review of personnel records, no documentation was submitted for incidents referred to in 1981 and 1983. For the other incidents, City Exhibit 2 and Appellant Exhibit c were submitted. • • • .. • • • Officer Jasper Carter admitted that he had fallen asleep on February 27, 1986, and that he had been asleep on two other separate occasions, one of which caused a non-injury traffic accident while driving a police vehicle. In Officer Carter's testimony, he stated that there is some misinterpretation of the business check policy and procedure. In cross-examination of the City's witnesses, Officer Jasper Carter questioned the opinions as to whether he had been uncooperative. On items of review of his personnel file, Officer Carter admitted to their accuracy. In review, the Career Service Board recognizes Jasper carter's concern that he had not received a pink copy of the P.I; testimony did indicate he was, in fact, notified verbally of an investigation being conducted. Officer Carter's testimony showed a great concern for charges and/or statements within the P.I. The City only formally charged him with those which were listed in the findings of fact. The decision of the Career Service Board regarding the disciplinary appeal of Jasper Carter and the letter of charges of March 14, 1986 from Robert R. Holmes, Chief of Police to Officer Jasper Carter is based on Officer Carter's own admission of guilt that these charges were accurate and justified. The Board finds that the City's disciplinary action, though lenient in view of the documentation of progressive disciplinary actions in the past, should be upheld as stated in the letter of charges. Officer Jasper decision to the District Cwc.1 /7 -). c:d-6.,! a/4_ cathyJM. Pokraka Vice Chairperson J <' j 1. / ./7< ~r. L [ U -~, ~~ -[.·"!..--h-<'.-'3..--="' J!?El~en.Turner oomm1ss1oner Carter has the right to appeal this court should he sire to 'so. I ~a.le a.~~ TOm Fitzpatrick '"j ' Commissioner Don Weber (not participating)