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CSB ag & mins & Misc 1990�J • • IN THE MATTER OF THE HEARING OF THE CIVIL SERVICE BOARD, CITY OF SANFORD, FLORIDA PERTAINING TO WILLIAM RICHARDSON. THIS CAUSE COMING TO BE HEARD PURSUANT TO APPLICATION FOR HEARING FILED WITH THE CIVIL SERVICE BOARD OF THE CITY OF SANFORD, FLORIDA BY WILLIAM RICHARDSON, AND AFTER DUE NOTICE BEING GIVEN IN ACCORDANCE WITH THE LAW, RULES AND REGULATIONS OF THE CIVIL SERVICE BOARD OF SANFORD, FLORIDA, AND A PUBLIC HEARING HAVING BEEN HELD, AND THE CIVIL SERVICE BOARD HEARING ALL EVIDENCE, AND TESTIMONY AND LAWS PRESENTED IN BEHALF OF THE PARTIES, AND THE CIVIL SERVICE BOARD BEING FULLY ADVISED IN THE PREMISE, AND AFTER CAREFUL CONSIDERATION AND DELIBERATION; IT IS THEREFORE THE JUDGEMENT AND ORDER OF THE CIVIL SERVICE BOARD THAT THE DISMISSAL ACTION OF WILLIAM RICHARDSON BE OVERRULED AND INSTEAD HE BE PLACED ON THIRTY (30) DAY SUSPENSION WITHOUT PAY EFFECTIVE MAY 4, 1990 THRU JUNE 2, 1990. AND THAT MR. RICHARDSON BE PLACED ON ONE YEAR PROBATION EFFECTIVE MAY 4, 1990 THRU MAY 3, 1991 FOR VIOLATION OF PERSONNEL RULES AND REGULATIONS 11.7 (A), (6), (8), (13), (15) AND (17). IN ADDITION, IT IS ORDERED THAT WILLIAM RICHARDSON FILE A WRITTEN APOLOGY TO MR. LLOYD STRINE AND MR. BILL HORN FOR HIS ACTS OF INSUBORDINATION. DONE AND ORDERED BY UNANIMOUS VOTE OF THE CIVIL SERVICE BOARD AT 8:40 P.M., ON THE TWENTY- FOURTH DAY OF MAY, A.D. 1990, CITY COMMISSION CHAMBERS, ROOM #117, CITY HALL, SANFORD, SEMINOLE COUNTY, FLORIDA. ATTEST: JOHN F. DARBY, WILLIAM MCQUATTERS GEORGE RUFAS Ccv ERNEST'�CA� THOMAS GREENE ATTEST (Notary) REBECCA E. LAYMAN -WISE CIVIL SERVICE SECRETARY I HEREBY CERTIFY THAT A TRUE COPY THEREOF HAS THIS / $ DAY OF 2ete� 1990, BEEN FURNISHED TO: ALL CIVIL SERVICE BOARD MEMBERS PERSONNEL FILE CITY MANAGER, FRANK A. FAISON CITY ATTORNEY EMPLOYEE DEPARTMENT /DIVISION w EQUAL PROTECTION CIVIL SERVICE 130>ARD OF THE CITY OF SANFORD P.O. BOX 1778 SANFORD, FLORIDA 32772 -1778 EMPLOYER - EMPLOYEE Telephone: 407- 322-3161, Ext. 207 Job Line: 407 - 322 -3161, Ext. 208 FOR BULLETIN BOARD POSTING APPEALS HEARING NOTICE THURSDAY, MAY 24, 1990, 6:30 P.M. CITY COMMISSION CHAMBERS, ROOM #117 FOR • WILLIAM RICHARDSON U DR. JOHN F. DARBY CHAIRMAN ERNEST A.CAVALLARO THOMAS GREENE BILL McOUATTERS GEORGE A. RUFAS ADVICE TO THE PUBLIC: IF A PERSON DECIDES TO APPEAL A DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THE ABOVE MEETING, OR HEARING, HE MAY NEED A VERBATIM RECORD OF THE PROCEEDINGS, INCLUDING, THE TESTIMONY AND EVIDENCE, WHICH RECORD IS NOT PROVIDED BY THE CITY OF SANFORD. (FS 286.0105) EQUAL PROTECTION CIVIL SERVICE 130ARD OF THE CITY OF SANFORD P.O. BOX 1778 SANFORD, FLORIDA 32772 -1778 EMPLOYER - EMPLOYEE Telephone: 407- 322 -3161, Ext. 207 Job Line. 407 - 322 -3161, Ext. 208 FOR BULLETIN BOARD POSTING APPEALS HEARING NOTICE WEDNESDAY, MAY 16, 1990, 6:30 P.M. CITY COMMISSION CHAMBERS ROOM #117 FOR • ROBERT B. RIPLEY DR. JOHN F. DARBY CHAIRMAN ERNEST A.CAVALLARO THOMAS GREENE BILL McOUATTERS GEORGE A. RUFAS ADVISE TO THE PUBLIC: IF A PERSON DECIDES TO APPEAL A DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THE ABOVE MEETING, OR HEARING, HE MAY NEED A VERBATIM RECORD OF THE PROCEEDINGS, INCLUDING, THE TESTIMONY AND EVIDENCE, WHICH RECORD IS NOT PROVIDED BY THE CITY OF SANFORD. (FS 286.0105) / ' 2 | | 3 4 i 5| 6 7| 8 9� 10 ll 12 ` )3 — 14 /5 /a /7 U )8 19 20 2/ 22 23 24 25 PUBLIC HEARING IN RE: Appeal of Termination of R ROBET RIPLEY, as an Employee of The City of Sanford, Sanford` Florida BEFORE �HE ` CIVIL SERVICE BOARD ASSOCIATED COURT REPORTERS �01 West Fu]ton Street Sanfcrd, Florida 32771 Tel.: (407) 323-0808 or 644-8840 21 0 l 2 3 4 5 6 7 8 Y lO 1 12 13 14 15 16 \7 18 19 20 21 22 23 24 25 Page 2 17 28 54 57 59 60 65 69 70 93 100 101 122 128 132 134 143 146 152 157 161 INDEX TRANSCRIPT OF PROCEEDINGS Civil Service hearing held May 16, 1990 OPENING BY MR. GRAY TESTIMONY OF TIM McCAULEY Direct Examination By Mr. Gray Cross Examination by Ms. Madden TESTIMONY OF JOHNNIE BLAKE Direct Examination by Mr. Gray Cross Examination by Ms. Madden Redirect Examination by Mr. Gray Recross Examination by Ms. Madden Redirect Examination by Mr. Gray TESTIMONY OF RUDY ENCARNACION Direct Examination by Mr. Gray Cross Examination by Ms. Madden Recross Examination by Ms. Madden TESTIMONY OF ROBERT RIPLEY Direct Examination by Mr. Gray Cross Examination by Ms. Madden Redirect Examination by Mr. Gray Recross Examination by Ms. Madden TESTIMONY OF CHERYLE BROWN Direct Examination by Ms. Madden Cross Examination by Mr. Gray Redirect Examination by Ms. Madden Recross Examination by Mr. Gray Recross Examination by Mr. Gray Redirect Examination by Ms. Madden TESTIMONY OF CARMEN COSTELLO Direct Examination by Ms. Madden Cross Examination by Mr. Gray Redirect Examination by Ms. Madden TESTIMONY OF SAM WILLIAMS Page 2 17 28 54 57 59 60 65 69 70 93 100 101 122 128 132 134 143 146 152 157 161 ) 2 J 4 5 h 7 8 Y |O ll 12 |3 15 76 17 18 19 20 21 22 23 2* | 25 | �age 3 Direct Examination by Ms. Madden 161 Cross Examination by Mr. Gray 164 CLOSING BY MS. MADDEN 167 CLOSING BY MR. GRAY 178 CLOSING BY MS. MADDEN 185 RULING BY THE BOARD 196 CERTIFICATE OF REPORTER 197 0- l 2 3 4 5 d 7 8 9 0 I 12 13 14 15 16 17 \8 /9 ZO 2| 22 23 24 25 Page 3 WHEREUPON: The following proceedings were had: MR. DARBY: This meeting is called to order at six thirty-eight, thereabouts. Is the City ready -- MR. GRAY: Yes, sir, we are. MR. DARBY: -- to proceed? Is the attorney for Mr. Ripley ready? MS. MADDEN: Yes, Your Honor, we are. MR. DARBY: The City will proceed. MR. GRAY: Thank you, Mr. Chairman. I'll make a brief opening statement, if I may, and then present testimony. MR. DARBY: That will be all right. MR. GRAY: Mr. Chairman and members of the Civil Service Board. On March the 6th of this year, Mr. Ripley, who is the appellant here tonight, an employee of the City of Sanford Utility Department, Sewer Division, returned to work with the City of Sanford fit for light duty only. Mr. Ripley had reported an injury, I believe, in December of 1989, and had had some difficulties from that date up to March the 6th and working. On March the 14th or thereabouts, Mr. Ripley advised his supervisor, Mr. Johnnie Blake` as well as l 2 3 4 5 6 7 8 y 0 /l 12 lJ 14 15 16 17 WA |Y JO 21 22 23 24 25 � ,age i his immediate superior, Mr. Rudy Encarnacion, that he was scheduled for surgery on the 28th day of March of this year, and that he would have blood work-up and pre-operative procedures on March the 23rd of this year. Two days later, on March the 16th, Mr. Ripley, who had been assigned some light duty, reported that he was unable to accomplish that light duty, that he was suffering from some nausea or dizziness and, as I recall, this was as a result of the medication that he was on, those symptoms were visiting upon him. At that time a decision was made by his supervisor and the department head that Mr. Ripley could go home, he would not be required to work until his pre-operative and operative procedures had been completed. The testimony at this point will become a bit contradictory as it relates to the specific direction that was given to Mr. Ripley. It will be the City's position that Mr. Ripley was directed to call in on a daily basis to keep his supervisor advised of his status. Other testimony may indicate that he was only called on to advise the City on a weekly basis of his progress and status. But there will be no doubt that the testimony from both sides, I believe, will show that Mr. Ripley was advised that he was to keep the City informed of his statutes and of any changes. 0 l 2 ] 4 5 h 7 8 9 0 l| 12 13 14 15 16 17 )8 19 20 21 22 23 24 25 On March the 23rd, the day which was scheduled for the pre-operative procedures, Mr. Ripley came into the City offices that morning and picked up his paycheck. Later that day the Utility Department received a call from the laboratory who was to do the pre-operative work, advising that Mr. Ripley had not shown for his pre-operative work. Mr. Ripley does not have a telephone, so the City did not have the ability to attempt to contact him on that date. There were no further calls that day from the testing laboratory and the matter was not pursued. On March the 28th of this year, there was a further phone call from the operating surgeon, Dr. Fonsea's office, inquiring as to the whereabouts of Mr. Ripley, who had not shown for his operation. Again, the City didn*t have a telephone to call Mr. Ripley, however on the next day, Superintendent Blake and a public director . . . Personnel Director McCauley, went to the home of Mr. Ripley, to inquire as to what was happening. When they arrived, they observed Mr. Ripley mowing his yard. Upon inquiry, Mr. Ripley advised that his surgery had been cancelled on the 23rd day of March, but that he was scheduled for a second opinion, and all of this had been at the direction of his lawyer. F�11 0 l 2 J 4 5 h 7 8 9 10 ll 72 )] 14 15 lh |7 lO 79 20 21 22 23 2* 25 �age 6 It is the position of the City that Mr. Ripley has violated the personnel policy as it relates to absenteeism, the policy that requires that if one is going to be absent for more than twenty-four hours he must do so upon an approved explanation and excuse; that his conduct has been disgraceful; and that he has been less than candid and honest with the City, his employer. We will present testimony to that effect. We will call as our first witness, Mr. Tim McCauley. Mr. Chairman, we have set up -- MR. DARBY: Do you want to give an opening remark? MS. MADDEN: I would reserve my opening remarks until we present our case, if it is your pleasure. MR. DARBY: Okay. MR. GRAY: Mr. Chairman, we set up a chair right over here for witnesses, if that's acceptable? MR. DARBY: Okay. Would you swear him in? TIM McCAULEY having been first duly sworn, was examined and testified as follows: DIRECT EXAMINATION BY MR. GRAY: Q Would you state your name, sir. is l 2 3 4 5 6 7 8 9 lO 7l 12 13 14 15 16 17 |8 19 20 21 22 23 24 25 page 7 A Timothy McCauley. Q Mr. McCauley, are you employed by the City of Sanford? A Yes. Q In what position? A Personnel Director. Q And how long have you been employed by the City of Sanford as Personnel Director? A Two years. Q Were you Personnel Director during the calendar years 1989 and up to the present time? A Yes. Q Are you familiar with the City's policy as it relates to absenteeism, Mr. McCauley? A Yes. Q Are you able today to tell me what that policy is? And I notice you're referring to apparently some printed matter. Would you identify that printed matter? A Yes. One document is the Personnel Rules and Regulations manual, and the other one is the copy of the Employee Handbook,, Q If you will, please, sir, from the Employee Handbook, is there a statement of policy regarding absenteeism which is applicable to this case? A Yes. 2 0 l 2 3 EN 5 6 7 8 9 lU 7l 12 13 14 15 |6 |7 18 19 20 21 22 23 24 25 - page S Q And what is that, sir? MS. MADDEN: Counsel, may I ask what page? 0 Please give page and item number. A Page eleven of the Employee Handbook, under section nineteen. The applicable part would be the second sentence, "An absence in excess of twenty-four hours without an approved explanation shall be considered a reason for dismissal. supervisor. In the Personnel Rules and Regulations document, MS. MADDEN: I'm sorry, which document are you reading from at this point? And what page did you say? MR. McCAULEY: Page eleven. MS. MADDEN: Item what number? MR. McCAULEY: Section nineteen, top of the page. MS. MADDEN: Okay. MR. McCAULEY: Second sentence. MS. MADDEN: Second sentence. I'm sorry, I thought you said second paragraph. Go ahead. A The other applicable part of that rule would be the very bottom paragraph which states, "Automatic discharge will be effected if employees have been absent for one calendar week and fail to report their absence to the supervisor. In the Personnel Rules and Regulations document, l 2 3 4 5 h 7 V 9 l0 l7 12 )3 14 15 lb |7 l8 19 20 2! 22 23 24 25 logo 9 on page ten, section 6.1A, also refers to absences in excess of twenty-four hours without approved explanation shall be considered a reason for dismissal. On page eleven of that same document, item H, automatic discharge will be effected if an employee has been absent for one work week without proper notification to the supervisor, Q Are each of those documents to which you are referring the current policy statement of the City of Sanford? A Yes, sir. The Employee Handbook, Revised Edition is dated August 30th of 1989. The copy of the Rules and Regulations in effect are dated April 19, 1989. Q Are you familiar with the personnel records of Mr. Ripley? A Yes. Q Do you have any knowledge as to whether or not Mr. Ripley was provided a copy of either or both of those documents? A Yes- He received a copy of the pocket policy manual, according to my records, on October 24th of 1980. He was given a copy of the personnel rules and regulations, Civil Service rules and regulations, on July 7th of 1989. Q Mr. McCauley, is that an accurate copy of the receipt which you have in your file? 0 ) 2 3 4 5 h 7 8 Y 0 ll 12 13 W 15 lh |7 |R 19 20 21 22 23 2* 25 A Yes. Q Thank you. MR. GRAY: I'd submit the receipt into the record, Mr. Chairman. Q Mr. McCauley, you've indicated that you're familiar with the personnel records of Mr. Ripley. Are you familiar with any prior occasions that he has been advised of the absenteeism policy? A Yes. On May of 1989, Mr. Ripley received a written reprimand, and I would just quote what is stated on there. "If you're going to be absent for more than twenty-four hours -- MS. MADDEN: Excuse me. I would object. I don't believe Mr. McCauley is the one who prepared or involved in handling the matter of this document. MR. GRAY: Mr. Chairman, I would respond that as you're aware the rules of evidence are not strictly adhered to in hearings of this nature. Mr. McCauley, though, is the Personnel Director, he is the custodian of the personnel records, and I believe would be qualified to testify. MR. DARBY: I didn't hear the objection. MS. MADDEN: My objection is that it's hearsay, that Mr. McCauley is not the person who prepared this document, or is he a signature of this document and, 0 ) 2 J 4 5 h 7 8 9 lO ll |2 ll l* 15 16 |7 18 /p 28 21 22 23 24 25 therefore, the contents of this document would not be subject to his knowledge. MR. DARBY: This is a quasi judicial body and I'll overrule the objection. A Okay. The document I'm referring to is in his file, it's dated May 11th, 1989, it's from Superintendent Blake to Robert Ripley, regarding absence without permission. If you'd like, I'll read the whole thing for the record, if you wish me to. Q No. If I may ask you to, Mr. McCauley, just the pertinent portion that relates to the policy we're discussing. A Quote, if you're going to be absent for more than twenty-four hours, you need to call in every day and let your supervisor know when to expect you back. Please do not let this happen again. If it does, further disciplinary action will be taken. Q Mr. McCauley, is this an accurate copy of that letter which is in the file? A Yes. MR. GRAY: I submit the copy of the letter into evidence, Mr. Chairman. Q Mr. McCauley, have you had occasion or did you have occasion in the month of March of this year to visit the home of Mr. Ripley? E�] l 2 3 mn 5 6 7 8 Y lO 7l 12 13 lu 15 lh 17 0 lY 28 21 22 23 24 � 25 Page l2 A Yes, Q What was the reason for that visit? A That was on I believe the date was March 29th, after Bobby had not shown for the pre-op. Q Mr. McCauley, when you say Bobby, you're referring to Mr. Ripley? A Mr. Ripley. Q Thank you. A Had not shown for either the pre-op surgery or the scheduled surgery, and we were concerned, we didn't now what was going on, so we, Superintendent Blake and myself, went out to Mr. Ripley's home. That was approximately eleven o'clock a.m.. And when we pulled up, we saw Mr. Ripley mowing his lawn. There were several other people there, but I don't know who they were. Q Did you have any discussions with Mr. Ripley? A Yes. Q And what was that discussion, sir? A Well, to the best of my recollection, we were trying to find out what had happened, why he didn't show up for the surgery, ah, that type of thing. And Bobby, Mr. Ripley, kept referring to that his lawyers had cancelled these appointments. When we questioned Mr. Ripley as to why he had not let anybody know, and I believe his response was simply that 0 8 9 0 7l 12 )J 14 15 lh 17 18 /9 20 21 22 23 24 25 he had assumed his lawyers were handling that. i-) Mr. McCauley, were you present on April the 3rd of this year for the predisciplinary hearing for Mr. Ripley? A Yes. Q Do you recall who else was present at that day? A The Hearing Officer was Chief Tom Hickson, Mr. Ripley was present, Paul Moore, Johnnie Blake, myself and Rebecca Lehman, Q Mr. McCauley, you've had an opportunity to review the transcription that was prepared after that hearing? A Yes. Q Do you find that transcription to be an accurate representation, as you recall what was said on that date? A Yes. Q Have you had an opportunity to compare it to the tape recording that was made that date? A Yes. Q Is it accurate in comparison to the tape? A Yes, sir. Q Now, Mr. McCauley, you've assisted, I believe, in the preparation of the disciplinary action record; is that correct? A Yes. Q And did you assist in the specifications of those portions of the personnel policy that were deemed to have r,711 0 l 2 J 4 5 h 7 8 Y 0 7/ 12 )3 W 15 lb 17 18 19 20 21 22 23 2* 25 been violated? A Yes. Q And what were those portions of the policy that were set forth in the note to Mr. Ripley as the violations? A The violations having to do with Section 6.1A, 11.7A-4, 11.7A-6, 11.7A-8, 11.7A-15, 11.7A-16. Q Section 6.1A, is that the section you previously read regarding absentee policy for more than twenty-four hours? A Yes. Q What is the policy that's set forth in 11.7A-4? A The employee has willfully violated any lawful official regulation, order or policy, or failed to obey any proper direction made and given by a superior officer or supervisor. Q Are you aware of any proper direction that was made by a supervisor or superior officer to Mr. Ripley which led to his termination? A Yes. Q And what would that be, sir? A The instructions issued by Superintendent Blake to Mr. Ripley to keep him advised as to any changes and what was going on with the surgery or pre-surgery, or his absence in general. Q As it relates to the policy set forth in 11.7A-16, 0 l 2 J 4 5 h 7 8 9 0 ll 12 13 14 15 lh 17 18 lv 20 2! 22 23 %4 25 page 15 would you tell us what that policy is, please? MS. MADDEN: Counsel, I'm sorry, I want to object to the previous comments, since stating hearsay what he's been told, what Mr. Blake said, since he was not present when Mr. Blake presented or made known to Mr. Ripley. MR. DARBY: Sustained. Q 11.7A-16, please, sir. A The employee has failed to maintain a satisfactory attendance record. Proper use of sick leave shall not constitute grounds for any disciplinary action. Q Are you aware of the position of the City of- Sanford as to whether or not Mr. Ripley was properly using sick leave in these circumstances? A Yes. Q And what is the position of the City of Sanford? A The position is that we contend from the period of March, roughly March the 16th through March the 29th, whenever it was that the situation changed with Mr. Ripley, that negated any permission that was given to him by his supervisor or superintendent to go home. Because the plan had changed. MR. GRAY: I have no further questions of this witness, Mr. Chairman. MR. DARBY: Okay. Would you like to question the El 3 4 5 h 7 8 P lO l7 |2 13 )4 |5 lh 17 lR � 19 20 2| 22 23 24 25 | witness? MS. MADDEN: Yes. CROSS EXAMINATION BY MS. MADDEN- Q Mr. McCauley, you cite 11.7A -- MR. DARBY: Do you have a mike? MS. MADDEN: Oh, I'm sorry. That's why you were sitting. Q You were citing 11.7A-16, and you state "proper- use of sick leave," what is the definition of sick leave? A Authorized sick leave would be that you're out on an authorized medical absence. It doesn't necessarily mean you're under doctor's care, it could mean you're out with a cold or the flu or, you know, something like that, but you had advised your department what was going on and they granted you permission to stay home. Q Is sick leave used also as a term to cover absences due to Workers' Compensation claims? A It can supplement a Worker Comp claim. Q When you speak of sick leave and it may supplement a Workmen's Compensation claim, are you speaking specifically in terms of sick leave as compensation received by the employee from the City for being out sick or sick days? A Yes, it's compensation in lieu of regular hours 0 is 8 9 lO l| 12 13 l* 75 lh \7 18 lv 28 2l 22 23 24 25 ----------1 age n7 I war k. Q Did Mr. Ripley receive sick leave pay on March 16th or any time after that, through March 29th? A I would not be in a position to testify to that. I don't know. Q Would anyone else here tonight be in a better position to testify than yourself? A Yes, I believe Mr. Moore has researched that. MS. MADDEN: Thank you. I have no further questions. MR. GRAY: Nothing further, Mr. Chairman. MR. DARBY: You may be excused. MR. GRAY: Mr. Chairman, at this time we'd call Mr. John Blake. JOHNNIE BLAKE having been first duly sworn, was examined and testified as follows: DIRECT EXAMINATION BY MR. GRAY: Q Mr. Blake, I'll ask you to speak up, please sir, so the microphone will pick up. Would you state your name, please, for the record? A Johnnie L. Blake. Q Mr. Blake, where are you employed? A City of Sanford. FL71 0 l 2 3 4 5 6 7 8 y m I 12 13 14 15 lh 17 18 lY 20 21 22 23 24 25 � Page 18 Q And what is your position with the City of Sanford, sir? A Sewer Superintendent. Q And how long have you held that position? A As Sewer Superintendent, I believe five years. Q All right, sir. And you were the Sewer Superintendent for the year 1989 and 1990, to date? A Yes. Q Are you acquainted with Mr. Robert Ripley? A Yes. Q Was he one of the personnel that you supervised? A Yes. � And was he one of those persons during the year 1989 and 1990? A Yes. Q Was Mr. Ripley a full-time active employee for you during the year 1990? A Yes. Q Did there come a time that he was not able to perform on a full-time active basis? A Yes. Q Do you recall that he was out due to an injury that was purported to have occurred in December? A Yes. Q Do you have any recollection of Mr. Ripley 0 l 2 J 4 5 6 7 8 9 0 l| 72 13 14 15 lb 17 18 19 20 21 22 23 24 25 returning back to work on a less than full status level? A Yes. sir? Q Do you recall when he returned back to work? A I believe it was March the 6th. Q Of this year? A Yes. Q All right, sir. And when he returned, what sort of work was he doing? A He was basically doing light duty type work. Q Was he able to perform that work? A Yes. Q Did there come a time that he had difficulty performing the light duty work? A Yes. Q And do you recall when that was, sir? A Yes. I believe it was sometime during the week prior to the 16th of March. Q And what kind of difficulty was he having, sir? A He had stated to me that he was taking medication and that it was affecting him. � Did there come a time that Mr. Ripley was released to go home from work? A Yes. Q And when was that, sir? A I believe that was after the 16th. L7-1 l 2 3 4 5 0 7 8 9 lO 77 12 ll 14 15 16 |7 18 � lY 20 21 22 22 24 25 | Q Did you have any discussions with Mr. Ripley on that day? A Yes. Q And what were those discussions, sir? A I advised him that we was going to allow him to go home, but he need to communicate with us ever day in reference to his situation. Q Who was present when you had that conversation with Mr. Ripley? A I believe his immediate supervisor, Rudy Encarnacion. Q Where did that conversation take place? A In my office. Q And where is your office, Mr. Blake? A The Utility building, 412 West Fourteenth Street. Q All right, sir. Mr. Encarnacion was present; is that correct? A Yes. Q Mr. Ripley present? A Yes. Q And yourself? A Correct. Q Was there anyone else present? A No. Q Are you able to close the door to your office? 12 9 is l � 2 � 3 4 5 6 7 8 y lO l7 12 13 14 15 lh 17 18 lv 20 21 22 23 24 25 A Yes, sir. Q Do you recall whether or not the door was closed at that time? A Yes, sir. It was closed. Q Are you able to see outside of your office through any windows or doors? A No, sir. Q Okay. At any time in the past, Mr. Blake, has Mr. Ripley been out for extended periods of time? A Yes. Q What -- During any of those past extended periods of time, has he been given any direction on whether or not he should stay in contact with yourself or Mr. Encarnacion? A Yes, sir. Q What was that direction in the past? A I feel I have to elaborate on that to really get it across to you. Mr. Ripley stated that he didn't have a telephone and he was having problems communicating with me, so he asked me would it be okay for him to communication with me on Friday when he picked up his paycheck. I advised Mr. Ripley that we will go ahead on and try that, but it came to be a problem, whereas, even on Friday sometimes, I didn't get a chance to see him, so I advised him prior to the 16th that we would have to change that and 1 needed for him to 0 l 2 3 * 5 6 7 8 9 lO ll )2 lJ l* 15 16 17 18 19 20 21 22 23 24 25 page 22 communicate with me on a daily basis. Q All right, sir. Now the time period during which you permitted this Friday contact, was that the period of time from March the 16th until he was terminated, or was that some prior period? A That was before March the 16th. Q Okay. Do you recall when it was, sir? A I couldn't recall the precise date, but I know it was the time between December and before March. And he had went to the doctor and I knowed he was going to be out for a long period of time and that's why I allowed him to do what he did. Q All right, sir. Now prior to Mr. Ripley being permitted to go home on March the 16th of this year, was there any discussion you had with him regarding any surgery? A Yes, sir. Q Do you recall when that discussion took place? A Yes, sir. Q And what is your recollection, sir, of when that discussion took place? A I believe that was March the 16th. Q Might it have been as early as the 15th or the 14th? A 1 believe it was sometime during the 16th. l 2 3 mm 5 h 7 8 y 0 l7 12 13 14 15 lh 17 18 )v 20 21 22 � 23 24 25 � page 23 Q All right, sir. Now do you recall what, if anything, Mr. Ripley advised you regarding the surgery? A Yes. Q What did he tell you? A He stated that he had to go to pre-op on the 23rd of March, and he was supposed to be scheduled for surgery on the 28th of March. Q Did he provide you any documentation to show that he actually had those procedures scheduled? A Yes, sir. Q Mr. Blake, let me show you these two sheets. Do you recognize them? A Yes, sir. Q !.')o they appear to be the sheets that were given to You, by Mr. Ripley on the 20th . . . or the 16th? A Yes, sir. Q Thank you. MR. GRAY: Mr. Chairman, I'll submit those into the record. Thank you. Q Do you know if Mr. Ripley had the pre-operative procedures that he indicated that he was gozng to have on March the 23rd? A No, sir. Q You don 't know? 771 0 0 J 4 5� � 6 7 8 y 0 ll |2 13 14 15 lh \7 18 /9 20 21 22 23 2* 25 Oage TZ A I know he didn't have them. the morning, szr/ Q How is it that you know, sir? morning. Q A Basically we went out to his house on the 29th of March and he advised me that he didn't go through with it. Q All right, sir. Do you know if he had the surgery on the 28th? A No, he didn't have that either. Q ` Did Mr. Ripley communicate with you at all after March the 23rd of 1990? A No, sir. Q When you arrived at Mr. Ripley's home, what did you observe on the 29th of March? A Mr. Ripley was cutting his yard. MS. MADDEN: I'm sorry, could you speak up just a little bit, Mr. Blake, I'm having trouble hearing you. A Mr. Ripley was outside cutting his yard. Q Do you recall what time of day it was? | A I believe it was approximately about eleven o'clock Q In the morning, szr/ A In the morning. Q And was anyone accompanying you? A Yes, sir. Q Who was with you? A Mr. McCauley. F2 is l 2 3 4 5 6 7 8 9 lO I 12 13 14 15 lb 17 18 lv 20 21 22 23 24 25 29th. MS. MADDEN: I'm sorry. Maybe I misunderstood Q Did you have any discussion with Mr. Ripley that day as to why he had not gone ahead with his surgery? A Yes, sir. Q And what was the substance of the discussion you had with Mr. Ripley? A Mr. Ripley stated at that time that he had went to a Dr. Toby, I believe his name was, to get a second opinion, and after getting the second opinion he decided not to go through with it. Q And did he advise you that he had told anyone with the City of Sanford of that decision? A No, sir. Q Thank you. MS. MADDEN: I sorry. I couldn't -- I hate to interrupt, I could not hear what date Mr. Ripley saw Mr. Toby? MR. BLAKE: I didn't hear her. MS. MADDEN: Did you ask, I could not hear you, did you indicate a date when Mr. Ripley . . . on which Mr. Ripley told you he saw Dr. Toby? MR. BLAKE: When we went out to his house on the 29th. MS. MADDEN: I'm sorry. Maybe I misunderstood L--] ) 2 3 4 5 h 7 8 9 0 ll D 13 14 15 lh \7 18 19 20 21 22 23 2* 25 sage 26 Did you indicate a date on which he said he saw Dr. Toby? Do you know what date he had seen Dr. Toby? I couldn't hear your response previously? MR. BLAKE: I wouldn't know the date. I can only tell you what he told me. MS. MADDEN: What did he tell you? MR. BLAKE: He told me that he went to see Dr. Toby to get a second opinion. BY MR. GRAY: Q And he told you that on the 29th, was that your testimony? A Yes. He told me that on the 29th. I don't know what date he went. MS. MADDEN: Thank you. Q Mr. Blake, you heard the statement of policy by Mr. McCauley just a moment ago as it relates to absenteeism? A Yes, sir. Q Did you give any specific direction to Mr. Ripley on the 16th as to the terms under which he would be permitted to stay at home? A Yes, sir. Q And what was that direction, sir? A Mr. Ripley led me to believe that he was going to have surgery done on the thumb, so that was the term allowing him to have the time off. �� l 2 3 4 � � 5 6 7 8 9 0 l| 12 lJ 14 15 lb 17 is 19 20 21 22 23 24 25 Q And did you advise him the manner or the frequency with which he was to contact you or other representatives of the City? A Every day. Q Thank you. When you stated that policy to Mr. Ripley, did you form an opinion as to whether or not he understood what you were telling him? A I don't have no doubt about Mr. Ripley understanding me. I know that he understood what I told him. I can probably reiterate the fact that he had those documents that he showed previously and we had advised him at that time that we didn't know anything about that surgery. That's why I know that I brung that point across to him to make sure that he let me know every day of his absence. Q Other than March the 16th of 1990, had you discussed this policy with Mr. Ripley in the past? A Repeat that? Q Other than the discussion that you had with Mr. Ripley on March the 16th of this year, had you discussed the policy of that absenteeism with Mr. Ripley in the past? A Yes, sir. Q Do you recall any specific occasions? A I think it was sometime in '89, whereas, I had to 2� l 2 J 4 5 h 7 8 9 10 11 12 l% 14 75 16 17 18 19 20 21 22 23 24 25 Vage 28 give him a written reprimand for being absent without permission. Q Can I see that letter, May the 11th? Mr. Blake, Let me show you this letter which is dated May 11th, 1989, do you recognize it? A Yes, sir. Q Did you dictate that letter? A Yes, sir. Q Are those your initials on the right of where it says from Johnnie Blake, Sewer Superintendent? A Yes, sir. Q Were you present when the signature at the bottom was applied? A Yes, sir. Q Whose signature was that? A Mr. Ripley. Q All right. And may I ask you, sir, if this recites the policy you have just discussed with us? A Yes, sir. Q Thank you. MR. GRAY: Thank you, Mr. Chairman. Nothing further from this witness, Mr. Chairman. MR. DARBY: Do you have some questions? MS. MADDEN: Yes, I do. CROSS EXAMINATION is l 2 J M 5 6 7 8 9 10 7l 12 13 14 15 lb |7 18 /v 20 21 22 23 24 25 Page 29 BY MS. MADDEN: Q Mr. Blake, I believe you've already testified here tonight that although you discussed this policy with Mr. Ripley on May 11th, 1989, that you did have a different understanding with him in relation to his absenteeism for his Workers' Compensation injury to his thumb during the period . . . at least during the first part of 1990 or from the period of his accident on 12-89; is that not what you testified earlier? A That's correct. Q So even though this policy was written and addressed to him in May, he certainly had a different understanding from you at a later date. A Well, I tried to -- Q Well, let me ask you the question. All right. You've indicated that you told him -- Let me refer back to your -- Let me ask you first, Mr. Blake, were you present in the offices of the City of Sanford on May 7th, when your deposition taken? A Yes. Q And do you recall at that time that I asked you . . . that I told you I was going to ask you questions, and that if you did not understand the questions, to let me know, and that otherwise we'd assume that your answers that I_-] l 2 J EN 5 6 7 8 9 10 7l 12 13 14 |5 lh |7 N 19 20 21 22 23 24 25 were taken under oath were true to the best of your memory? A To the best of my memory. Q Okay. Excuse me one moment, I need to refer to page and line for you and this deposition was lengthy. Mr. Blake, your memory seems to have improved tonight over our deposition time. Have you worked on your deposition, or your testimony tonight with anyone connected to or working for the City of Sanford? A Yes. Q May I ask who you worked with? A Mr. McCauley. Q And anyone else? A No,, MS. MADDEN: Okay. If I may refer you, counselor, to Mr. Blake's deposition, to page eleven and page twelve of his deposition. In fact, I'll take you back to page ten where Mr. Blake is referring to conversations that he had with Mr. Ripley on March 16th. MR. GRAY: Do you have a line? MS. MADDEN: Yes. The most pertinent line -- Let me start you at a good point so that it's clear. Originally on page eleven, line eight. Question, line -- I'm sorry, line six. Question: -- Prior to that, if T may just capsulize, Mr. Blake l 2 ] 4 5 6 7 8 9 10 ll 12 |3 14 15 lh 17 18 1p 20 21 22 23 2* 25 Pane had been discussing the fact, as he's testified here earlier today, that Mr. Ripley indicated that he was dizzy during his medication. I then asked Mr. Blake, "Okay. Did you have any other discussion with him at all that date, at any time?" Answer, "The only discussion I had with Mr. Ripley, he stated that he was . . . had a problem resting that night because of medication, came in claiming to work, but stayed at work for one hour, picked up his check and then left." "And you don't recall any other conversation you had with him that day?" "No." The answer is no. "Do you recall any discussion with Mr. Ripley about when he was to come back to work?" "Repeat that," was the answer. Question, "Do you recall any discussion you had with Mr. Ripley regarding when he was to come back to work?" A . . . Answer, "Okay." Question, "After that day?" Answer, "There was a time whereas he called me and stated to me that he was supposed to go in for pre-surgery and he asked me if he could come pick up his check early at City Hall." Q Now, Mr. Blake, nowhere in that conversation do you indicate any memory of the specifics of your discussions with Mr. Ripley on March 16th, and yet you testified tonight here that you remember it clearly. Could I ask you which testimony under oath was correct, that on March 16th or that IL7� �� l 2 3 4 5 h 7 8 9 0 11 12 13 14 15 16 17 18 19 20 21 22 | 23 24 25 | Page 32 tonight? And how, Mr. Blake, are we to know which day you were telling the truth on? A I don't understand what you're saying. MR. GRAY: Mr. Chairman, if I can interpose an objection. First of all, this body doesn't have before it the deposition, and there has been a characterization that there is a difference between his testimony tonight and when the deposition as taken on May the 7th. I don't believe that is accurate. If we're going to do this, I think this body needs to have before it that portion of the deposition. Because we don't think the categorization is accurate, that he was incorrect on inconsistent. I have a copy which I can submit, if counsel doesn't have an objection to that particular -- MS. MADDEN: I have no objection. MR. GRAY: I'm sorry I only have one copy. If I may ask counsel again to recite, I think we were looking at page eleven, commencing on line six? MS. MADDEN: That's correct. MR. GRAY: Thank you. And I believe you read through line twenty-five. MS. MADDEN: That's correct. MR. GRAY: I would also request, Mr. Chairman, if the witness is going to be asked about testimony that 7LE 0 is ) 2 J * 5 h 7| 8 9� 0 I 12 O 14 15 lh \7 18 19 20 21 22 23 2* 25 he gave on May the 7th, that he have opportunity to see the deposition to refresh his memory as to what he said on May the 7th. MS. MADDEN: Counsel, I think the question here is the change in memory. MR. GRAY: Well, I don't believe there has been any showing that there is a change in memory. MS. MADDEN: I would ask the witness to answer the question and then we can go from there and perceive if there has been a change. MR. DARBY: I didn't hear you. MS. MADDEN: I would ask that we proceed with the questioning and see if there has been a change in memory. The Civil Service Committee has a copy of the deposition in front of them and can judge for themselves. MR. DARBY: Let me poll the Board on this. What is your opinion of this, Mr. Greene? MR. GREENE: If the witness i5 to be impeached by a prior inconsistent statement, the basis of that prior inconsistent statement must be established. If it is through a deposition, the witness should be allowed to review the deposition and, after reviewing the deposition, see if that refreshes his memory and then give him an opportunity to either change his testimony FL-] l 2 J u 5 6 7 8 Y 0 ll |2 13 14 15 lh 17 18 )v ZO 21 22 23 24 25 �age 3� or explain his testimony. And if he still does not want to change his testimony after reading his deposition, then he may be impeached. MR. DARBY: Anyone else have an opinion? MR. RUFAS: Same opinion as Tom has. MR. DARBY: Would you -- The objection, then, was should -- What should we do about the objection? MS. MADDEN: Counsel, if I may, the deposition has been read to him. He has been apprised of his previous statement. I have no problem. He's been read the statement, the statement has been provided to him, as his comments in Court. MR. GREENE: I think we ought to sustain the City's objection as improper impeachment of the witness, unless the witness is allowed to read his deposition and refresh his memory. MR. McQUATTERS: Is that something that can be accomplished in a conference here in a few minutes? MS. MADDEN: He should be permitted to do that here. MR. GREENE: Mr. Blake can read it. Talking about one specific page? MS. MADDEN: There will be more, but I will be glad to pinpoint those by line and number, and I certainly would not agree to letting him leave the room 0 ) 2 J 4 5� � 6 7 8 9 0 ll 72 13 14 15 lb \7 18 }9 20 21 22 23 24 25 �age 35 and reviewino the whole document. questioning. MS. MADDEN: I'll give him a moment to read. MR. DARBY: Okay. MS. MADDEN: Counsel, I would ask you -- Nevermind. I'm sorry. Go ahead. BY MS. MADDEN: Q Mr. Blake, have you had time to read that page? Mr. Blake, have you had an opportunity to read page eleven? A Yes, Q And, Mr. Blake, on that page, I believe I read it correctly, that your . . . the question was, "And you don't recall any other conversation you had -- I'm sorry. Go back to page seven. If you have copies, I won't repeat it line MR. GREENE: No. MR. DARBY: What shall we do? Give the witness the only copy we have and let him proceed? MR. GRAY: Mr. Chairman, I think I can resolve that dilemma. I've got a copy here, if I can look over his shoulder, I don't mind giving him this one to read. Six through twenty-five. MS. MADDEN: Yes. Page eleven, six through twenty-five. MR. DARBY: You may continue with your questioning. MS. MADDEN: I'll give him a moment to read. MR. DARBY: Okay. MS. MADDEN: Counsel, I would ask you -- Nevermind. I'm sorry. Go ahead. BY MS. MADDEN: Q Mr. Blake, have you had time to read that page? Mr. Blake, have you had an opportunity to read page eleven? A Yes, Q And, Mr. Blake, on that page, I believe I read it correctly, that your . . . the question was, "And you don't recall any other conversation you had -- I'm sorry. Go back to page seven. If you have copies, I won't repeat it line l 2 3 4 5 h 7 8 9 lO I 12 13 14 75 lh 17 18 lv 20 21 22 23 24 25 page 36 for line. Mr. Blake, your memory of that day's testimony, or that question, is different today. Could you please tell me which testimony was correct, that you gave tonight, or the testimony you gave on May 7th? MR. GRAY: Mr. Chairman, I'll again object to the form of the question. I don't think there has been any showing of any difference between the testimony. MS. MADDEN: All right. Q Mr. Blake, let me restate the question. Tonight you have testified that you remember very specifically what you stated to Mr. Ripley on March 16, about the terms under which he was to communicate with you. And I believe you testimony, if I'm wrong please correct me by the record of the Court Reporter, that you testified that you told him to communicate with you every day. A That's correct. Q Now on page eleven, beginning at line six, you state that you do not recall any other conversation you had with him that day. Other than the conversation you have already repeated was you had about his status about having to have. Let me also address your attention, to complete that statement, to page twelve, and give you an opportunity to read that page. And, if 1 may address the Commission -- 2-1 0 9 l 2 3 4 5 h 7 8 Y lO ll |2 l] 14 15 16 17 l8 M 20 21 22 23 24 25 Page 37 A I haven't finished reading yet. Q I'm just going to address the Commission's attention also to page twelve, they have a copy there, specifically looking through lines one through twenty-fjve. One through twenty-four. Mr. Blake, on page twelve, beginning at line ten, prior to that we discussed, again, whether you knew if he'd come in that day on the 16th and again you -- I'm sorry. -- you again state what -- I'm sorry. Back up a question. On the previous page, there was a time when Mr. Ripley called in and said to me he had to have pre-surgery and could he come in and pick his check up early. I think you . . . That refers to March 23rd. When you say earlier -- When you say early, that means early in the day, or early in the week? Early in the day. Early in the day? Yes. I know he came in, he came up to City Hall, picking up his check. And the reason he go in to pick up his check, he had to go to pre-surgery. Okay. Did you have any other discussion that morning? Yes, I told Mr. Ripley to keep me informed of the situation. Do you remember the day of the week that was? Friday. Do you recall anything else that morning? I don't recall anything. Question, so, so far as you remember, you told me everything you remember about your conversation with Mr. Ripley on March 16th and everything you remember of your conversation; is that correct? Best I got." F�11 0 0 ) 2 3 4 5 h 7 8 y lU 11 12 )J \4 15 lh |7 iB 19 20 21 22 23 24 25 �age 3S That was your best memory on May 7th, is that correct? I know what I said to A I can't recall May the 7th. I have a problem with remembering every date. know it better Q And you -- Was Mr. McCauley present during your deposition on May 7th? A For a little while. I remember that. Q And you say you have prepared for tonight with Mr. McCauley, since May 7th; is that correct? A Correct. Q And your memory is now better tonight than it was on May, 7th; is that correct? Is that your testimony? A I basically had an opportunity to read over it. Q Read over what? A I still can't remember everything that happened on that particular day. Q Are you indicating, Mr. Blake, that your memory of the specific details that you testified earlier tonight may not be the correct memory of what actually was said that day? A I know what I said to Mr. Ripley. Q How do you know it better tonight than you knew it on May 7th? A I remember that. Q What do you remember, Mr. Blake? Pli l 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 lv 20 27 22 23 2* 25 rage 39 A I told you that previously. Q What did you tell me, Mr. Blake? A What are you questioning now? Q Why do you remember better tonight what you said on May 16th than you did on May 27th, which is closer? A I had an opportunity to go over it again. Q What did you go over again? A What I -- Q Did you have written notes, Mr. Blake, of your conversation on May 16th? A No, I didn't. Q Did you have written notes of your conversation with Mr. Ripley on May 23rd? A No, I didn't. Q What did you go over again to refresh your memory, Mr. Blake? A The conversation that I had on the 16th with Mr. Ripley when he came in my office. I went over that with myself, in my mind. Q And your memory is now better tonight than it was on May 7th; is that correct? A Well, I can remember some things now that I couldn't remember May the 7th. I can't remember everything that happened in one day. You can't do that. Q But it's your testimony that you believe you can 21 0 l 2 J 4 5 6 7 8 P lO l| O 13 14 15 }b \7 18 lv ZO 21 22 23 24 25 Page �0 remember better tonight than you did earlier in time? A Some things. Q Was your memory assisted, Mr. Blake, by going over your testimony with Mr. McCauley? A I don't understand your question. Q Was your memory assisted by going over your testimony with Mr. McCauley? A Somewhat. MS. MADDEN: Thank you, Mr. Blake. MS. MADDEN: Gentlemen, I would proffer that the . . . Mr. Blake's testimony as to his memory tonight and his memory on the 16th . . . the 7th, is called into question, since his testimony differs from one time to the other and he's intending to repeat to you that his testimony is better tonight, after he's had an opportunity to prepare his testimony for tonight with Mr. McCauley, as opposed to his testimony that he gave on May 7th. MR. BLAKE: May I say something? MR. DARBY: If, after she gets through questioning, after she gets through questioning you, you may. We have some questions for you also. Q Mr. Blake, you testified earlier, I believe, that you had seen documents that Mr. Ripley had presented to you regarding his proposed surgery and his pre-op appointment; PLI ) 2 ] 4 5 6 7 8 9 10 ll |2 13 14 15 16 17 18 19 20 21 22 23 24 25 Page Q. is that correct? A Yes. Q Are you familiar with the date on that document? A Yes. Q And what is the date on that document? A I believe it's March the 14th. Q And so Mr. Ripley talked with you sometime before, between March 14th and 16th about that surgery; is that correct? A I believe so. Q Would you agree that Mr. Ripley was timely in telling you about that surgery, if the document, the earliest he had, was March 14th? A Yes. Q It's difficult not working with two hands. One hand is difficult. Mr. Blake, you testified earlier that Mr. Ripley had been out sick previous, during previous periods of 1990. Was it your opinion that Mr. Blake . . . Mr. Ripley was taking advantage of his Workers' Compensation injury to stay home? MR. GRAY: Mr. Chairman, I'm going to object to any such line of questioning. This is not a hearing tonight regarding Workmen's Compensation, and it's irrelevant whether or not Mr. Blake has an opinion as L71 0 l 2 J 4 5| h 7 8 y 10 7l 12 13 14 15 16 17 10 19 20 21 22 23 24 25 to whether or not Mr. Blake has an opinion as to the authenticity or seriousness of any preceding injuries. We're here tonight regarding a problem with absenteeism and I don't believe it's appropriate to present that testimony. MS. MADDEN: If I may. MR. DARBY: Yes. MS. MADDEN: Mr. Chairman, Mr. Blake, according to his own testimony, is the gentleman who prepared the forms indicating the grounds for Mr. Ripley's termination and dismissal. I think it is relevant to that testimony, should it be shown that Mr. Blake had attitudes or views about Mr. Ripley that were in existence that were above and beyond those grounds documented in writing and that those also form a part of his reasons for terminating Mr. Blake, and I do think that's relevant and I think the question should be permitted. I think the Commission needs to have a full view of the circumstances of his termination. MR. GRAY: Mr. Chairman, if I can respond to that. I believe it might be a pertinent or appropriate or proper question to inquire as to the basis upon which Mr. Blake prepared or assisted in preparation of disciplinary documents, but to fish all over on irrelevant matters I think is improper and certainly 0 6 7 8 Y lO 11 12 )3 /4 15 |h \7 18 19 28 21 22 23 24 25 Page 43 could inflame this body, it could confuse this body, and it is not within the scope of this hearing this evening. MS. MADDEN: Again, I would disagree, that it is within the scope of the degree of this body since it is related to the grounds or basis or the attitude behind Mr. Blake's determination of termination of Mr. Ripley. MR. DARBY: Yes. We'll poll the Board on that The question is shall we sustain the City and do not allow any reference to Workmen's Comp, or shall we permit Mr. Ripley's attorney to continue the line of questioning involving Workmen's Comp. MS. MADDEN: May I correct the characterization of the question. The question related to time off prior to -- It happened that time off was related to his Workers' Comp injury, but my question is two-fold: One is, was he out sick before that time; and two, did Mr. Blake have a prior formed impression of Mr. Ripley's use of that time off? I think that's very clearly relevant to his attitude that set up the termination. MR. GRAY: Mr. Chairman, I believe we now have four questions before the witness, and I would ask that the Court Reporter read back the original question to which 1 rendered my objection. �1 0 l 2 J * 5 h 7 8 9 lO ll )Z 13 }4 15 lh |7 lR 19 20 21 22 23 24 25 �age 44 MR. DARBY: Will you do that, please. (Question read by Reporter) MR. DARBY: Was there an answer? THE REPORTER: No. MR. GRAY: That is the question to which I objected, Mr. Chairman. MR. McQUATTERS: Dr. Darby? MR. DARBY: Yes. MR. McQLATTERS: It seems originally the City presented a narrow focus for us to search carefully; that is, of absenteeism and the facts of whether or not policy, City policy, was followed by not reporting an absenteeism. And we haven't heard from Ms. Madden yet about what she sees the case as, but I see as if we go far afield hither and yond of not being as productive as focusing in on the facts that show up in the personnel record as to why it is that he was fired. I think it would be more productive to try to get as clear a picture of his attendance and what was said about his attendance and whether or not he followed all the rules that he could and focus more narrowly on just those things, rather than possibly personal bias on the part of anyone. That's my opinion. And we ought to stay more closely focused on the particular behavior of absenteeism. 7" 0 ) 2 3 4 5 h 7 8 9 l0 l7 12 13 14 15 16 17 \8 )p 20 21 22 23 24 25 �age �5 MS. MADDEN: I believe also, if I can bring your attention, gentlemen, that counsel -- MR. McQUATTERS: Excuse me. MS. MADDEN: -- for the City brought this back up MR. McQUATTERS: Aren't you going to listen to all of us first? MR. DARBY: Yes. MS. MADDEN: I'm sorry. I just wanted to bring you -- MR. DARBY: Just a minute. Mr. Cavellaro? MR. CAVELLARO: I agree with that thought process, primarily because I don't feel like we have enough documents up here. I don't see any Workers' Compensation accident report as it relates to a thumb, or a hand, or a finger, or anything else, to even support time off. I was, of course, going to, as you originally said, we're primarily looking at absenteeism and that happens to be one particular document in this file dated 12-30-88 that refers to Workers' Compensation claim to a bruised foot or something, but there is no documentation to follow that up. I'm not too sure I'm prepared to review that. MR. DARBY: Mr. Lucas? LP-11 0 l 2 3 * 5 6 7 8 9 10 l/ 12 lJ 14 75 lh 17 |8 19 20 2/ 22 23 24 | 25 | Oage 46 MR. RUFAS: It's not a . . . It's not a Workers' Comp case. MR. DARBY: Mr. Greene? MR. GREENE: I'm going to have to disagree with all four of you. The reason I'm doing that, I believe Mr. Blake's recollection or testimony concerning what he told Mr. Ripley as far as whether he was supposed to report back to the City and advise them of his medical progress is part of the action here tonight. MR. McQUATTERS: I don't question that. MR. GREENE: And therefore any motive -- I'm not saying Mr. Blake has any motive -- but any motive, possible motives or possible biases he may have against Mr. Ripley should be allowed to be brought out by Mr. Ripley, through his counsel, and in an attempt to show possibly Mr. Blake's recollection or whatever is not completely correct. Therefore, I think the question should be allowed to be asked and I will overrule the City's objection, since we're dealing with not only the absenteeism, but also failure to keep the City advised of his medical progress. That would be my position. MR. DARBY: Either one of you have any further comments? MS. MADDEN: I would only mention that it was brought up on direct question by other counsel 0 l 2 J * 5 0 7 8 9 0 I 12 |3 14 15 lh |7 18 lY 20 21 22 23 24 25 questioning about Mr. Ripley's absenteeism prior to March 16th, and the information or the communications which Mr. Blake has alleged that he made to Mr. Ripley prior to March 16th through the 29th, then I certainly think it comes within my cross examination to cover that period also. MR. GRAY: Mr. Chairman, just to respond. That is correct, I did inquire about previous time for the specific purpose of putting on testimony that Mr. Ripley had been advised of the policy on previous occasion. What my specific objection would be is to any testimony from this witness as to his opinion of any authenticity of illness for which Workmen's Compensation was claimed. That's my specific objection. And I think that was part of the question, what is his opinion of this man's Workmen's Comp claim, and that's just not relevant. MS. MADDEN: The question was in this man's opinion relative to his absenteeism for Workers' Compensation claim, I believe, as read back by the Court Reporter. MR. GRAY: If the question is your opinion as to whether or not he was appropriately absent, I'll withdraw my objection. If it is as to the authenticity of Workmen's Comp, my objection stands. FLr-11 0 l 2 3 4 5 6 7 8 9 10 11 12 13 l* |5 76 17 18 lY 28 2/ 22 23 24 25 Page 49 MS. MADDEN: My question is to his opinion as to whether or not he felt that Mr. Ripley took advantage and misused his absenteeism for his Workers' Compensation injury. That was my question, as stated, I believe, as close as I can recall repeating at this point, which I'm beginning to lose track of that, to be quite honest with you. That's as close as I can get right now. MR. DARBY: I'll permit Mr. Blake to answer your first question. MR. BLAKE: It's been so long, gentlemen, I don't know if I can remember. MR. DARBY: Repeat the question, please. MS. MADDEN: I would ask the Court Reporter to re-read it, because I don't want to open myself to more objections because I did not restate it the same fashion. (Question read by Reporter.) A In my opinion, yes. MS. MADDEN: Thank you. MR. BLAKE: You want an opinion. I gave you my opznIon" MR. DARBY: You may proceed. BY MS. MADDEN: Q Mr. Blake, this question may sound the same to l 2 3 4 5 6 7 8 9 0 7l 12 13 14 15 }b 17 l8 /9 JU � 21 22 | 23 2* 25| you, it's somewhat different. I want to be sure you to understand the difference. I asked you previously the question you just answered, and I'd like to also ask you -- MR. DARBY: Would you speak up. Q -- in your opinion, did you feel Mr. Blake was out and had too many absences prior to March 16th? A It sound like you call my name. Q I'm sorry, I may have. Mr. Blake, did you feel that Mr. Ripley was having too many absences, was out too many times prior to March 16th? A Yes. Q I'm sorry, Mr. Blake, I couldn't hear your answer. A Yes. Q Thank you. Mr. Blake, you have testified, as I understand it, that prior to March 16th it was your understanding with Mr. Ripley that he only had to call you on Fridays; is that correct? A Correct. Q Do you know what . . . with what frequency he called in prior to March 16th, when he was out? A No. Q Who would know what . . . when Mr. Ripley called in when he called in to say he was out? 711 1-1 l 2 J 4 5 6 7 8 9 )O ll 12 13 14 15 16 17 18 19 20 2l 22 23 24 25 page 50 A He would call his immediate supervisor, Mr. Rudy Encarnacion. Q Would Mr. Encarnacion be the best testifier when and how often Mr. Ripley would call in when he was out absent? A Yes. Q Mr. Blake, you have testified that you helped prepare the form requiring the termination or stating the grounds for the termination of Mr. Ripley. MS. MADDEN: I -- I'm sorry. Does he have a copy of that form up there? I believe you carried one up there. MR. GRAY: Disciplinary action record? MS. MADDEN: Yes, I'm referring to the -- Yes, dated 3-30-90. MR. GRAY: I don't think I have provided a copy. Do you have an extra copy? MS. MADDEN: I only have the one copy. MR. GRAY: I think I have one. Q Mr. Blake, if I may call your attention to item 11.7A-4, and ask you what action of Mr. Ripley you felt constitutes a violation about procedure. A I made a direct order to Mr. Ripley in reference to call me on a daily basis and he failed to do that. MS. MADDEN: I'm sorry. Could the Court Reporter l 2 2| 4 5� )O ll 12 13 l* 15 lh \7 18 19 20 21 22 23 24 25 read the last statement, I didn't hear. (Answer read by Reporter) Q On the date of exit? A % a daily basis. Q Daily basis. And when did you give him that communication? A Here we go with dates again. From my recollection, I talked to Mr. Ripley on the 16th and again on the 23rd in reference to that particular statement. Q Mr. Blake, if I can refer you to page thirty-one of your deposition, line fifteen, -- I'm sorry, start with line eleven. Am I -- Let me give you a chance to review that page. A Review what? Q Page thirty-one of your deposition. A I don't have that. Q Oh, I'm sorry. MR. GRAY: Thirty-one? Q I'm sorry. If I may refer you further up to give you full opportunity, if you will start with line four. A Okay. Q Mr. Blake, if I may cite those sections for the record, line four, page thirty-one begins, What actions, in your opinion -- Question on my part. What actions, in your :rl 0 l 2 3 4 5 6 7 8 9 0 ll 12 13 14 15 16 \7 18 19 20 21 22 � 23 24 25 | �age 52 opinion, constitute a violation of the next rule down there 11.7A-4? Answer, well, he was basically told to keep me informed of the situation and he failed to do it. Question, and what specifically did you tell him to do about keeping you informed? Answer, repeat that. Question, well what you say he was supposed to keep you informed, how was he supposed to keep you informed? Answer, well, he was supposed to have been scheduled for surgery and everything. Question, uh-huh. -- My poor answer, gentlemen. -- Answer, and he supposed, when he went to the doctor for the pre-surgery arrangements, he supposed to let me know what was happening and whether or not he was going to go on with it or not. Question, Okay. Did you specifically ask him to tell you that? Answer, sure. Question, When did you tell him this? On our telephone conversation that same morning. Question, you told him that morning to call you after he went to the pre-surgery testing? Answer, well, I basically told him to keep me informed, you know. These rules and regulations, like we state, this guy had been with us a long time, he knows the rules and regulations. Mr. Blake, nothing in that conversation on your deposition on May 7th says that you specifically told him to report to you daily. Could you clarify for me your testimony tonight where you state that you did and your testimony on May 7th, and tell me which testimony is C) 0 l 2 3 4 5 h 7 8 9 |O l| 12 13 14 15 lb |7 18 lv 20 21 22 2] 24 25 correct? A Well, as you can relate to lire thirteen, whereas, line thirteen, my answer, well, he supposed to have beer scheduled for surgery and everything. You know. Q Mr. Blake, specifically my question was about the testimony on what you specifically told him about reporting daily. On those pages in your deposition of May 7th, you did not state that you told him specifically to report daily. That is my question. A Well, I may not have told you that -- Q But you testified -- Go ahead, I'm sorry. A I may not have told you that, but I know that I told him that. Q Mr. Blake, may I ask you why, when you were under oath on May 7th and I asked you on more than one occasion tc tell me specifically everything you told hiT on that day, that you did not tell me that? A Basically because how I feel right now. Tense, nervous. I can't remember everything' Q I'm asking you about your statement on -- Nevermind, strike that. MS. MADDEN: I have no further questions of this witness. MR. DARBY: Thank you. Do you have any more questions? l 2 3 4 5 6 7 8 Y lO I lZ l] 14 15 16 |7 18 /9 20 2| 22 23 24 25 MR. GRAY: Yes, sir^ just a couple. REDIRECT EXAMINATION BY MR. GRAY: Q Mr. Blake, after the deposition on May the 7th, did you have an opportunity to read the typed up transcription of your deposition? A Yes, sir. Q Did it in any way assist in refreshing your recollection 1990� of what had occurred during the month of March, A Yes, MR. sir. GRAY: Nothing further. MR. DARBY: Is there any questions f-om any member of the Board of the witness? MR. McQUATTERS: Before I ask Mr. Blake a question, I'd like to clarify my own understanding. Ms. Madden, my own personal understanding of the reason for your questioning or what, I believe, or inquiring in my mind, you want us to see is two-fold: One, I believe are �rying to illustrate to us that you Mr. Blake does not remember things very well, and therefore we shouldn't put much credence in what he says tonight; or that somehow he's been coached about what to say tonight so he'd may the right things in favor of the City. Are those two things generally what 0 l 2 3 4 5 6 7 8 Y 0 I 12 |3 14 15 |h |7 lR 19 28 21 22 2] 24 25 you've illustrated, or tried to illustrate with your questions? MS. MADDEN: I think my main point is his . . . that his memo~y, for whatever reason, has been different on two occasions and primarily he does not remember clearly what was stated or said on a specific date or occasion and �hat his testimony tonight nay have been assisted bv other documentation or other items to improve i�, but it certainly has changed from his testimony on May 7th. MR. McOUATTERS: So are you agreeing wi�h what . . . my statement? MS. MADDEN: I thirk basically I'm agreeing with what you're saying. I think the main focus is the fact that I think primarily, �hatever his need or motivation is, it may sim�ly be nothing more than he does not remember clearly, that Mr. Blake does not remember clearly what was said speci�ically on the da/s in question when he was communicating with Mr. 9ipley. MR. McQUATTERS: Thank you. Mr. Blake, I can certainly relate to yoo about being nervous. You're certainly not under questjon here. �peaking for myself, and I feel competent the Board, all we want to know is what the truth is. What went on. Want to know what to do, being fair and EA] 9 l 2 3 4 5 h 7 8 9 lO I |2 }3 |4 15 lb 17 18 19 30 2) 22 23 24 25 right. And I believe from your comment, you said, -- Let me get �o my first question. Excuse me. About toc many absences, as you said, Mr. Blake had to many absences. Is that your job as supervisor, to monitor City employees who don't worx enough, who have too many absences, to know about that, and are you charged, as super"isor, to take corrective action when you observe those kinds of things going on? MR. BLAKE: Yes, sir. MR. McQUATTERS: The information you've given us here tonight here has been t pretty specific. Is hat what went on to the best of what you know? You seem �retty . . . pretty sure that Mr. Ripley knew what he was supposed to do so far as reportirg. MR. BLAKE: Yes, sir. MR. �cQUATTERS: Are you sure of c7. in your own mind? MR. BLAKE: Yes, sir. MR. McQUATTERS: No other questions just now. MR. DARBY: Mr. Cavellaro? MR. CAVELLARO: Mr. Blake, whose idea was it to go out and find out when you found Mr. Ripley cutting the lawn or mowing the lawn, what prompted that? MR. BL4KE: Well, I haven't heard anything from Mr. Ripley since the 23rd and my supervisors asked me 2 0 0 ) 2 3 4 5 6 7 8 Y 10 ll D )3 14 15 lb � 17 � 18 � 19 20 ll 22 | 23 24 | 25 1 questions in reference to him and I supposed to answer, so I had to find out. So, he wouldn't call me, so I had to go out to his house. MR. DARBY: That was on the 29th? MR. BLAKE: Yes, sir. MR. CAVELL two O: How long was Mr. Ripley absent-" MR. BLAKE: Probably a week. MR. CAVELLARO: One week? MR. BLAKE: Yes, sir. MR. CAYELLARO: Thank you, MR. DARBY: Mr. Lucas? MR. RUFAS: Rufas. R-u., MR. DARBY: Rufas, excuse me. MR. RUFAS: I have no questions. MR. DARBY: Mr. Greene? MR. GREENE: No questions. MS. MADDEN: Gentlemen, I wasn't giver an opportunity for recross after Mr. Gray's redirect, May I ask one or two more questions of Mr. Blake? May I ask one or two more questions of Mr. Blake? MR. DARBY: Yes. RECROSS EXAMINATION BY MS. MADDEN: Q Mr. Blake, forgive me if I'm repeating earlier questions, but it's . . . is it my understanding that you DI 0 0 l 2 3 4 5 6 7 V 9 10 I 12 13 14 15 }6 |7 \8 19 20 21 22 23 24 25 did speak with Mr. Blake . . . Mr. Ripley on March 16th regarding his status when he . . . and then tnat you again did talk with him on March 23rd? A What do you mean by status? Q Well, just -- I'm sorry. May I just ask a question. Is my understanding correct that you spoke with him on the 16th and that you again talked to him on the 23rd, that was the next time you spoke with him was on March 23rd? A On the 23rd I talked to Mr. Ri,�e� on the phone. Q And there had been a week's period between the 16th and the 23rd; is that correct? A I'm talking to him a week period between the 23rd and the 29th. � My question is, was there a week's Jeriod between your conversation with him on the 16th and the 23rd? A I don't remember. Q Do you remember talking with him at any other time between March 16th and March 23rd? A No. Q Assuming that it was a week period from Friday to Friday, I understand -- it my understanding, then, that although it's your position tonight that you t im to call every day, that you didn't call him between the 16th l 2 3 * 5 6 7 8 9 10 I 12 |3 14 15 lh |7 18 19 20 21 22 23 24 25 and the 23rd to see why he wasn't calling every day; is that correct? A He called his immediate supervisor. Q Are you personally aware of his conversation with his immediate supervisor during the week between the 16th and the 23rd? A No. But & there's a problem, my foreman would inform me of it. Q But you don't know, you weren t personally present when he talked to Mr. Encarnacion; is that correct? A Correct. Q Then you spoke with him on the 23rd and the next time you communicated with him was when you visited on . . . his nouse on the 29th; is that correct` A Correct. MS. MADDEN: I have no further questions. MR. GRAY: One., MR. DARBY: Yes. REDIRECT EXAMINATION 9 0 l 2 3 4 5 6 7 8 n 0 I l% 13 \* 15 lb |7 18 lv ZO 21 22 23 24 25 � MR. DARBY: Anybody up here have further questions? O MR. GREENE: No. your name, please, MR. DARBY: You may be excused, Mr. Blake. MR. BLAKE: Thank you. MR. GRAY: Mr. Chairman, if we may, we would call Mr. Rudy Encarnacion. your -- Are you employed MR. GFEENE: Raise your right hand, please. RUDY ENCARNACION having been first duly sworr, was examined and testified as follows: DIRECT EXAMINATION BY MR. GRAY: O Would you state your name, please, sir. A My name is Rudy Encarnacion,, Q Mr. Encarnacion, what is your -- Are you employed by the City of Sanford? A Q Yes. And o how long have you been employ` by the City? A Six and a half years. Q What was your job position with the City during the year 1989 and at present? A Sewer Foreman,, Q Are you acquainted with . . . acquainted with Robert Ripley? T r- ",J 0 l 2 3 4 5 h 7 8 9 l0 7l |2 |3 14 15 lh 17 18 19 20 21 22 23 24 25 A Yes. Q Was he one of the people under your direct supervision? A Yes. Q And was he under your direct supervision in the year 1989 and 1990? A Yes. Q Mr. Encarnacion, have you had occasion in the past to discuss Sanford? with Mr. Ripley the absentee policy of the City of A Yes, I did. Q All right. You've heard the testimony this evening regarding that testimony, are you -- or that policy, are you familiar with it, Mr. Encarnacion? A Yes. O Let me show to you the Employee Handbook which has been previously referred to, and again referring to page eleven, item nineteen, under attendance and absences, are familiar with this you policy? A Yes. Q Absences in excess of twenty-four hours wi�hout approved explanation shall e considered reason for dismissal? A Yes, Q Have you discussed that particular policy with Mr. 0 0 ) 2 3 '4 5 6 7 R 9 lO |l |Z \3 14 15 lh 17 \8 |9 ZO 21 2] 23 24 25 Ripley, or did you prior to March the 16th of this year A No, l did not. Did you discuss Q You didn't discuss that with him prior to the 16th? A Not prior to the 16th. Q Did you discuss it with him on the 16th? A Yes. Q Who was present when you had that discussion? A Mr. Blake. Q Was anyone else present? A No. O Where did this con�ersation take place? A In Mr. Bl&ke's office. Q Do you recall who, if anyone, recited that vol icy? A Could you ask the question again? Q Who discussed that policy? MS. MADDEN: Counsel, I object -- A Mr. Blake. MS. MADDEN: -- to the question. I object. I was coing to object to the question, it was leading and there had been no testimony zrom Mr. Encarnacion that, indeed, that policy had been discussed. MR. DARBY: We hear can't you. MR. McQUATTERS: Ms. Madden, you have to use that l 2 3 4 5 6 7 8 9 10 I 12 13 14 15 lb 17 18 19 20 2| 22 23 24 25 ��� MS. MADDEN: I'm sorr>'. I keep forgetting it's lying down here on the table. I could use a stand. My objection was going to be on the basis that Mr. Encarnacion . . . the question was leading and rr. Encarnacion had not testify, nor had he been asked, if that statement had been made. MR. GRAY: I believe he had. I'll clear it up. MR. DARBY: Okay. Will you do that. BY MR. GRAY: Q Mr. Encarnacion, I don't know if the policy you just read on page eleven, item nineteen of the Employees Handbook, was that policy discussed on the 16th day of March? A Yes. O And was it discussed at the meetirg you just previously referred to where you, Mr. Blake and Mr' Ripley were present? A Yes. Q Who stated the policy on that date? A Mr. Blake. So am I. Q Both of you did? A Yes,, Q You heard Mr. Blake's testimony that Mr. Rioley was advised to call in daily. Did you hear that testimony? l 2 3 4 5 6 7 8 9 lO |l lZ l] 14 15 16 |7 18 19 28 2| 22 23 24 25 A I did heard what he told him to call in, call and keep in touch with him, but daily, I cannot recall if he did use that term. Q Okay. Was there anyone else present that dayr A No. Q You said this conversation took place in the office of Mr. Blake? A Q Yes. All right. Is there a door to that office? A There's a door. There's a front doDr and there's a back door. Q Do you recall if those doors were closed? A Q Yes, Is it your testimony that they were closed? A Q Yes. Thank yow. After March the 16th of 1990, did you have any further conversations with Mr. Ripley up and until the date that he A was terminated No. by the City? Q Did he at any time call you on the phone and talk to you during that time period from March the 16th until March the 30th? A No. I can't recall talking with him. Q Did anyone else call on his behalf and advise of 0 0 l 2 2 Em 5U Thank you. 6 7 8 9 10 7l 12 13 14 15 16 17 18 19 ZO 21 22 23 24 25 CROSS E�AMINATION BY MS. MADDEN: Q Mr. Encarnacion, you have testified that no one called in for Mr. Ripley from the period M�rch 16t� through to March 23rd? A Q No. May I ask then, did why did you not you you . , . discuss with Mr. Ripley his failure to call in during that period? A Never get contact with him after the 16th. Q I'm sorry, I coul�n't hear your answer. did hold him the 16th' A I never get of after Q Did you make any ef�ort to get a hold of him between March 16th and March 23rd? A No. Q How long have you been Mr. Ripley's supervisor? A For three years. O Has Mr. Ripley been out absent prior to March A Yes, he have. 0 l 2 3 4 5 b 7 R 9 10 1 lZ )3 14 |5 lh 17 18 19 20 2| 22 23 24 25 Q During those previous absences, did he call if every day? A Well, one time he used to call in, and just befors the 16th, he used to call or either his mother call. Call one day, skip the other, but not every day. Q Did you ever discuss with him the fact that before March 16th when he was out that he or his mother or someone did not necessarily call in for him every single day7 A No. Q Mr. Encarnacion, when you were present with the discussion on March 16th between Mr. Blake and Mr. Ripley, what was your understanding as to how long Mr. Ripley was going to be out? Was it yo'', understanding that he was going to returr to work the following Monday? A No. Q What was your understan�ing as to how long he would be out? A Well, he was sipposed to be out due to the surgery, so I really couldn't say how long he was going to be out, Q So you did not have any specific understanding with Mr. Ripley as to the precise date he would return to work; is that correct? A Correct,, MS. MADDEN: I have no further questions. 1) 0 l 2 3 4 5 6 7 8 Y 10 I 12 13 14 15 lb 17 lD 19 ZO 2| 22 23 24 25 MR. GRAY: Nothing further, Mr. Chairman. MR. DARBY: Anvbody have any questions? Bill? MR. McQUATTERS: Mr, Carnacion, on that 16th when the three of you were having the conversation about calling in every day, was it related what the consequences for not calling in would do to Mr. Ripley's jobr Such as, you'll lose your job if you don't call in every day? Was that mentioned? MR. He was -- He was told to call just to let us know what was taking place in his surgery. And he suppose] to call because that's the policy. MR. McQUATTERS: Does he feel like he knew the policy, that you are suppose to call every day� MR. ENCARNACION: Yes. MR. McQUATTERS: And but during those to the best the conversations, of your recollection, consequences of not doing that were not stated; am I correct in that, p]ease? In other words, I'll makp it 0 l 2 3 4 5 h 7 8 9 lO |l |2 13 14 15 lb 17 18 19 20 2| 22 23 24 25 voice, that type of statement. MR. McQUATTERS: Okay. MR. ENCARNACION: We just was concerned about his operation and we just wanted him to call and let us know how he was doing. MR. McQUATTERS: Do other employees Saithfully call in every day when they are out for two or three days? MR. ENCARNACION: Well, we have had situations like this before and a guy sick one day and don't call and come into work following day, we remind him about it, you're suppose to call as part of policy. MR. McQUATTERS: Thank you' MR. CAVELLARO: Mr. Chairman, I do have one question. MR. DARBY: Yes. MR. CAVELLARO: Were you present during the evaluations for Mr. Ripley for the years 1986, 1987 and 1988? [ F- I 21 0 l 2 J 4 5 6 7 8 Y lU |l lZ 13 14 15 16 |7 lR 19 20 21 22 23 24 25 His job performance is excellent, we have no problem with him as a worwr, but his sttendance has been pretty bad. MR. CAVELLARO: Thank you. MR. DARBY: George? MR. MR. RUFAS: No questions. DARBY: Tom? MR, GREENE: Nu questions. MR. DARBY: Yoc be may excused. MS. MADnEN: May I just ask -- MR. DARBY: Oh, excuse me. MR. MADDEN: Excuse me, I'm sorry. I'm not accustomed to your procedure. It's rare in court to have the judge ask questions. May I ask him another question as to y'all's here? questioning MR, DARBY: You certainly may. MS. MADDEN: Thank you. RECROSS EXAMINATION BY MS. MADDEN: Q Mr. Encarnacion, on the previous times when Mr. Ripley, and say his attendance, his absences were bad, you was it your impression or opinion that he was not out sick in 1990 when he said he was cut sick? 4 No, I wouldn't say that. I wouldn't say that. I 0 0 l 2 3 4 5 6 7 8 n lO l| |2 |3 14 /5 16 |7 18 19 20 21 22 23 2* 25 didn't receive bad impressior about him. He was sick, he was injured, according to him, and he had to go through surgery, that was the reason why he was out of work, but not because he wanted to be out on his own. MS. MADDEN: Thank you. No further questions. MR. DARBY: Thank you. You may be excused. MR. ENCARNACION: Thank your MR. GRAY: We would call Mr. Ripley. 1900 MR. DARBY: Mr. Ripley. Avenue- cc Be sworn. you are MR. GREENE: Raise your right hand. you've asked ROBERT RIPLEY before having been first duly sworn, was examined and testified as follows: DIRECT EXAMINATION BY MR. GRAY: Q Mr, Ripley, for the record, would you just state your name and address, please. A Robert Ripley, 1900 South Oregon Avenue- cc And, Mr. Ripley, you are the Appellant here tonight, you've asked for an appeal before this Boards is that correct? Q Q Yes, Mr. sir. Rinley, how long have neen employed uo you March 30th this the City of Sanford? until of year with L) l 2 3 4 5 h 7 8 Y 10 I 12 }J 14 15 16 17 18 79 20 21 22 23 24 25 A Nine and a half years. Q And so for the period of 1989 and 1990, what was your position with the City? A Heavy equipment operator. Q Mr. Ripley, have you previously been provided a copy of the Employees Handbook and the Personnel Rules and Regulations of the City of Sanford? A Yes, I've. Q Do you recall when the last time you got a copy of these two documents? A Not right offhand, no, l don't. MR. GRAY: Mr. Chairman, I believe you have -- MR. DARBY MR. GRAY: Yes. -- an acknowledgement dated 7-7-B9? MR. DARBY: Yes. Q Mr. Ripley, let ne show you a copy of what the Board already has. It's a . . . purports to be a receipt of the Rules and Regulations and policies of the City, dated 7-7-89, is this your signature? A Yes. Q Okay. Does that help you refresh your memory as to the last time you got a copy of the rules and regulations? A Yes. Q Did you read those rules and regulations, Mr. 11 �� l 2 3 4 5 6 7 8 9 10 l7 |2 13 14 15 16 |7 18 /9 20 27 22 23 24 %5 Ripley? A Well� if want the truth, they hand you a book you and say, sign the paper. Q Did you read those rules and regulations, Mr. Ripley? A Not at that time, I hadn't, not Q Were you familiar with those rules? A Yes, I am. Q Mr. Ripley, the Board has a copy of a letter dated May the 11th, 1989. Have you seen that letter before? A Q Yes, Is that Yes, your I have. signature on the bottom? A Yes, it is. Q Did read this letter before signed it? you you A Yes, sir, I did. Q Did read the last oaragraph, Mr. Ripley, which you advised the policy as to absenteeism and reporting in? A Yes, I did. Q All right. Thank you. Mr. Ripley, you suffered an injury sometime in December of 1989, -- A Q Yes. -- and as a result of that you missed some work; am I correct? A Yes, sir' 0 0 ) 2 3 4 5 6 7 8 9 lO I |2 |3 14 15 lh 17 |8 19 20 21 22 23 24 25 Q All right, sir. Did there come a time that you were able to report back to work on a light duty status? A Yes, sir. � And do you recall when that was, sir? A No, sir. Q From the disciplinary action record which there has been testifying from today, there's e statement that you returned back March the 6th, 1990; does that refresh your recollection? A Yes, that's about right. Q All right. Mr. Ripley, did there come a time that had discussion with Mr. Blake or any others at the City you of Sanford regarding some anticipated surgery? A Yes. Q TO you understand my question? A Not I didn't. Q Do you recall -- Let me rephrase it for you. Do you recall having discussion with any of yoLr supervisory personnel anticipated at the during City of Sanford the month regarding some of March, 19907' surgery you A Yes. I gave them the paperwork on March 16th. Q You gave paperwork to whom on March 16th? A I guess it was I gave it to Johnnie Blake and Rudy Encarnacion. Q Mr. Ripley, the Board previously has been provided Di 9 0 l 2 3 4 5 h 7 8 9 0 1 12 |J 14 15 lh \7 18 /9 20 21 22 23 24 35 a copy of a two sheet exhibit, first sheet is the pre-operative patient instructions, second page is the rapid in and out surgery form. Do you recognize those two documents? A Yes, sir, I do. Q Is this a copy of the documents you gave Mr. Blake and Mr. Encarnacion? A Yes. They made copies of them. Q I believe you said that was on the 16th you provided it to them. A Yes, I think it was the 16th, yes. Q Now, to clarify, you anticipated some pre-operative procedures on March the 23rd; is that correct? A I don't understand your question. Q Like blood work and Lhat sort of thing? A Yes. I was scheduled for that, yes. Q And then your surgery was scheduled for March the 28th? A Yes. Q Okay. And are those the facts that you represented A to On the Mr. Blake 16th, and Mr. Encarnacion? Q All yes. right, sir. Now, on the 16th, were you able to complete your work schedule? 3 4 5 h 7 8 P 10 |l |2 )3 14 }5 16 17 18 lv ZO 21 22 23 24 25 A No, sir, I wasn't. Q What occurred on that date? A I was out in the sun painting a sign with my right hand and I was getting dizzy and I was . . . it was hurting my hand. Q And what? A I was painting a sign with my right hand and it started bothering my hand and I was dizzy because of my medication and the sun. Q Did you have a discussion with Mr. Blake or Mr. Encarnacion about your difficulty in work? A Yes, I did. Q Where did that discussion take �lace? A In the foreman's office. Q Is that Mr. Blake's office? A Wel1, it's right there in the same office. Q Mr. Blake's and Mr. Encarnacion's? A Well, there's only one sliding door separating it. Q I see. You've heard the description of this office by Mr. Encarnacion and by Mr. Blake tonight, now, have you not? A Excuse me? Q Have you heard the description of the office by Mr. B]ake A and Mr. Encarnacion Yes. tonight? [Al 9 0 l 2 J 4 5 6 7 8 y 70 1 \3 13 |* 15 lh 17 18 19 20 21 22 23 24 25 Q Is their testimon� description of that and office accurate'` Blake that there A To a point, A Well, there was o�her people present. Q Well, what difference would you have, sir, as relates to their And the testimony? Mr. Blake and Mr. Encarnacion that the A Well, closed is incorrect? there was more than just them in the office and the office door was not closed. Q Who else door do you allege to have been present in the office of Mr. Blake? on that date that Mr. Blake A I know Mr. Costello was in there sitting at his desk, that's m to right him behind Mr. Blake's know what desk, and there was also somebody else situa�ion? in the room, but I can't recall who it Q Then t�e testimon� of Mr. Encarnacion and Mr. Blake that there was no one else present is incorrect� A Well, there was o�her people present. Q And the testimony of Mr. Blake and Mr. Encarnacion that the doors was . . . were closed is incorrect? A Well, the two outside doors was . . . were closed. The sliding door was not closed. Q Now is it not true on that date that Mr. Blake advised you to keep in touch with him to keep infored, m to call him to let him know what was going on with your surgery, your medical situa�ion? A I was told to keep him advised, but I was not told on a daily basis. In other words, he said I was to go home l 2 3 4 5 6 7| R y 0 I � |2 � l3 \4 � 15 lb � � |7 Sm lv 28 21 22 23 24 25 until I got everything resolved. Q And was this the same day, now, you discussed the pre-op procedure on the 23rd and the surgery on the 28th? A Yes, sir, the 16th when I was . . . went home. Q Do I understand your previous testimony that Mr. Blake said you go home for . . . because you're having an- Operation, pre-operative and you keep me informed? MS. MADDEN: Counsel, I object to you restating Mr. Ripley's testimony. He's testified just prior to that to what he said, or what was said to him. MR. GRAY: Mr. Chairman, I don't believe that Mr. Ripley's response was entirely responsive to my question and I'm just trying to understand what his answer to me was. MR. DARBY: We didn't hear the objection. MS. MADDEN: My objection -- My objection was to the fact that counsel was misstating Mr. Ripley's prior response in which Mr. Ripley testified to what was said to him and I objected to counsel misstating Mr. Ripley's Ripley. response in formulating a question to Mr. MR. GRAY: Mr. Chairman, again, I'm just trying to understand his answer. Let me back up, I'll try to break it down. MR. DARBY: Okay. Back up. rA-1 9 l 2 3 mm 5 6 7 8 9 lO I |2 |3 14 15 16 17 18 lY 20 21 22 23 24 25 BY MR. GRAY: Q You advised Mr. Blake and Mr' Encarnacion t�at yoo were ill on the 16th? A Yes. Q That you could not perform light duty; is that correct? A That's correct. O And am I correct that you ir'formed Mr. Blake and Mr. Encarnacior you had pre-operative �rocedures scheduled for March 23r�? A Q Yes. Am I co rrect you advised k Mr. Blae an Mr. d Encarnacion that you had surgery scheduled for the 28th? A Yes. Q Am I correct that you were �ermitted to go home and to stay home based upon those facts presented? A Yes. Q Okay. Mr. Ripley, did you make any contact with Mr' Encarnacion, Mr' Blake or any ot�er persons in an official capacity with the City of Sanford between March 16, 1990 and March 23rd, 1990? A No, I did not. Q What is the next contact you had with Mr. Blake or Mr. Encarnacion? A I went to City Hall to pick up my check on the E r- -I 9 3 4 5 h 7 8 9 0 I 12 |J 14 15 16 |7 |g /p 20 2} 22 23 24 25 23rd, from Mr. Blake. Q Do you recall what time of day or night that was? A It was approximately about ten o'clock in the morning, maybe nine thirty. Q Did you have a conversation with Mr. Blake that morning? A Yes, I did. O And what was that conversation? A He asked me if I was still scheduled for blood work and surgery, I said I was scheduled for blood work and a second opinior. That's all that was said. Q And you picked up your paycheck, as I understand? A Q Yes, Is sir. that the only conversation that you had had with Mr. Blake or Mr. Encarnacion since March the 16th of 1990? A Yes, it is. MR. GRAY: May I have a moment, Mr. Chairman. MR. DARBY: Yes,, Q Mr. Ripley, let me refer your attention to page eight, line one, of the deposition that was taken of you on May the 7th of this year. Do you recall having sat for that deposition? A Yes, sir, I do, Q Let me ask you, if you would, please, sir, to take 2 0 0 l 2 3 4 5 h 7 8 9 |0 |l 12 |] |4 }5 16 17 !8 |p ZO 21 � � � 22 � � 23 � � 24 � 25 � a look at page eight. MR. GRAY: Ms. Madden, I'm going to start on line twenty-three and ask him to read the remainder of page eight through the top of nine, page nine, line seven. A How far you want me to read? MR. DARBY: Would you speak into the microphone. A I asked him how far he wanted me to read. Q Line seven. A Okay. Q Now, Mr. Ripley, let me ask, has reading that. helped to refresh your recollection? A Refresh it to what? Q How many times did you speak with Mr. Blake between March the 16th of 1990 and March 23rd, 1990? A The phone and in person, which is the same day, which is the 23rd. Q So you called him on the 23rdr A Yes. Q And then you talked to him on the 23rd7' A And I came in, yes, sir. Q So your previous testimony was incorrect, that you only talked to him on the one time? A I was stating the same day. Q Okay. Thank you. I appreciate you clarifying that. 49 l 2 3 4 5 6 7 8 9 10 7l |2 )3 14 15 W 17 \8 19 20 21 22 23 24 25 | pTr7 M1 ��� M .==, =^. . Q Okay. Let me ask you, Mr. Ripley, do recall you the 23rd of March? A Yes, sir, I do. Q Do you recall it clearly? A Yes, Q What time did you get up that morning? A It was probably about -- I take my wife to work, usually, I didn't that morning, about six thirty, probably quarter to seven. O You did not take your wife to work? A Not that morning, no. Q What did you do that morning? A I got up, sat around the house, my mother and father come out to pick me up to go pick up my van. Q Did you go pick up your van? A Yes, after calling City Hall to talk to Mr. Blake on the phone, yes, sir, I did, to come get my check. L r | | l 2 3 4 5 6 7 8 9 )O ll |2 lJ 14 15 16 17 lG |9 ZO � 21 22 23 24 25 | Q Where did you call Mr. Blake from? A My mother's home. Q How did you get to your mother's home? A I told you, my mother came and got me. My mother and father came and got me. Q Came and got you and then took you to their house and then you went to get your van? A Went and got my van and went back to my mother's house, that's what I did. Q So your mother didn't take you to her house, she took you to the van and then you went to her house? A No. I first I went to her house, went to get my van and came back to my mother's house. Q When did you first make the call? A The first time [ was there, to see if I could pick my check Ap early. Q to Thank you. I I want to make it very clear, I want make sure understand. When you saw Mr. Blake that morning at nine to nine thirty, nine thirty I think was your testimony, you said, "I'm A scheduled Yes, sir. for pre-op and a second opinion"r Q Okay. Thank After you left you.: City Hall that morning of the 23rd, where did yoc go? 0 l 2 3 4 5 b 7 8 9 10 I 12 13 14 15 16 \7 )8 /7 JO 2/ � 22 � 23 24 25 � A Back to my mother's house, after cashing my creck. Q Did you have any conversations with anyone regarding your medical procedure while you were at your mother's house--' A Yes, from the attorney's office. Q Whom did you speak with, sir? A The secretary; Cheryle. Q And what was your conversation with Cheryle? A That m/ blood work and surgery was to be cancelled and I have a schedule for a second opinion. Q Your blood work and your surgery was cancelled? A Right. Q And you had a second opinion� A That they were scheduling me for a second opinion. Q And that was your . . . in your discussion with � 0 | ���� | / �w� l 2 3 4 5 h 7 8 9 10 |l | lZ 13 14 lJ lh |7 18 |9 20 21 22 23 24 25 Q Have you had an opportunity to review the transcription of that heari`g, the copy was provided to your attorney. A No, I haven't. Q You haven't had a chance. Okay. MR. GRAY: Mr. Chairman, may I take a moment anH give him a copy to review? MR. DARBy: Yes, sir. MR. GRAY: It's ncL that long. Q I think, if T could, if I might shorten the matter, you could just initially turn over to page two. And in the left-hand A column, Yes, you'll see Ripley. Q sir. And read your statements there, please. Are you ready, Mr. Ripley? A Q Yes, After having read that, do you have an opinion as to whether or not this accurately reflects the statements that you made on that date? A Could you repeat that again? O After having had an opportunity to review this transcription -- MS. MADDEN: Counsel, I'm sorry, I believe he only read page two; is that the page you're referring to? 0 � � �m� l " 2 3 4 5 6 7 8 9 lO I 12 )3 14 15 lh \7 18 |p 20 21 22 23 24 25 � --1 MR. GRAY: Thank you. I will rephrase my Question. Q After having had an opportunity to read what is purported to be your remarks on page two, do you have ar opinion as to whether or not this accurately reflects what you sai d on that date? A Yes, this is what I said, Yes. Q Okay. When you went to your mother's house, you a call from whomr got A The Fisher law firm. Q And who was it? A Chervle. I don't know her last name. Q All right. Now, in the transcription you have just provided . . . or you �ust read, about -- Let me show you where I'm referring to. MS. MADDEN: Uh-huh. That's fine. Q I'm going to read a sentence to you and ask you tc . . . or ask you a question about it, please" Mr. Ripley. A Q Okay. The only thing I was going for was blood work on that Friday morning, comma, but he said he had cancelled the operation. Were you referring to your lawyer there? A Secretary. Q Is it a male secretary? A Yes, sir' --1 DI 0 l 2 3 4 5 b 7 8 9 lO ll lZ 13 14 15 lh |7 18 19 20 21 22 23 24 25 Q What is the male secretary's name? A I mear, excuse me, female. Q Female. A Yes. I'm sorry. Q k! ell, who is "he"? A I used my lawyer, you know, that law firm. I refer it to him. He's the lawyer. Q Am I correct that on the 3rd you made the statement before the predisciplinary hearing April 3rd that your lawyer had cancelled the hearing? He cancelled, excuse me, the operation? A I was rsferring at . . . of the law firn, like I said. Q You learned that you were having a second opinion, as opposed to an operation, after you spoke with Mr. Blake on the 23rdr A Yes. Q What time did the telephone call come in; do you have a recollection? A It was after, about a little after ten. Q A little after ten. Mr. Ripley, can you tell me how it is that you told Mr. Blake at nine thirty in the morning that you were scheduled for blood work and a second opinicn, when you didn't learn that you had a second opinion scheduled until IrLI l 2 J 4 5 6 7 8 9 lU 1 }2 |3 14 15 lh 17 18 lv 20 21 22 23 24 25 ten or ten thirty'.* A Yes, becaise I was going to go for a second opinion on my own. Q Had you, on your own, scheduled a second opinion? A No, I hadn't. Q Did you advise Mr. Blake at nine thirty "I personally have decided not to have an operation, I personally have decided to have a second ooinion"? A I didn't say it like that, no, I didn't. Q Had you requested your law firm to set up a second opinion, as opposed to an operation? A Yes, sir. Q Okay. And had they advised you at any time prior to ten thirty on March the 23rd that you had a second cpinion and therefore ycur operation was cancelled? A No, but they were going to get me a second 0 ) 2 l 4 5 h 7 8 9 lO 1 lZ |3 14 15 \b \7 18 19 20 21 22 23 24 25 one, but I didn't know when it was going to be. Q When did they tell you that they were setting qp A It was prior to the 23rd, I can't remember the date. Q Page eighteen, line twenty. Mr' Ripley, let me draw your attention to the transcription of the deposition taken on May the 7th, and, in particular. I'm referring to page eighteer, line twenty. Would read that, sir, through the end of the you please, page? Now, Mr. Ripley, is it not correct, sir, that the first time you knew of a second opinion being scheduled for ycu was after you had talked with Johnnie Blake at nine thirty on the morning of the 23rd? MS. MADDEN: I object to counsel's question because he's misstating both the deposition testimony and Mr. Ripley's previous testimony at the hearing, in that the deposition states that he was first notified of a specific doctor on that date, it does not reference whether he was informed that he would have a second opinion with someone -- MR. DARBY: Will you repeat the Question to which she's objecting" MR. GRAY: Mr. Chairman, I'd ask it be read back 0 PA 3 4 5 h 7 8 Y lO I |2 |3 14 15 16 17 lR lY 20 2| 22 23 24 25 opinion coming. A I knew l was going to go for one. Q How is it, sir, that you knew that? A Because the law firm was going to set me up one. Q Did you speak to your lawyer about that? A Just to the secretary. Q Well, my question w, did you speak to the lawyer? A No, sir, I did non. Q Am I then, sir, that told the correct, you secretary, "Let's check into a second opinion"? A Yes, sir. Q And did the law firm ever call back and say, you "Yes, sir, you've got a second opinion" prior to ten or ten thirty on March 23rd, 1990? ) 2 3 4 5 01 7 8 n |0 I 12 |3 14 15 lh 17 18 /p 20 Jl � 22 � 23 24| 25 1 A No. That's when I was told, on the 23rd, that I had a second opinion. Q Okay. After you spoke to Johnnie Blake? A Yes, sir. Q Okay. Did you have any conversations with anyone at the law firm between February, I think when you first went there, and March the 23rd, regarding second opinion? A Yes, I called them a couple times. Yes, I had. Q And what was the substance of those conversations? A I believe I called twice, just to see if it had been set up yet, and it hadn't been set up. Q And it never had been set up? A Not yet, no. Q Any of those phone calls between March the 16th of 1990 and February 23rd, 1990? A There Nas -- I don't remember really dates that I called them, No, I don't remember that. Q Well, let me ask you this: Do you recall discussing a second opinion with your lawyer's firm prior to leaving work on February . . . or March the 16th? A It was after that. Q It was after that that you discussed second opinion? A Yes, sir. Q Now, Mr. Ripley, you read just a moment ago the 0 3 4 5 6 7 8 9 10 I 12 }J 14 |5 lh 17 |8 19 20 21 22 23 24 25 absence policy here in the Handbook. A Yes, sir. Q What was the approved explanation for which yo_i were sent home on March the 16th? A I was told I could go home and stay off until I everything resolved. got Q And did you advise Mr. Blake and Mr. Encarnacion that one of those things was a pre-operative procedure and the up for the 23rd and 28th of another was surgery set March? A Repeat that again? MR. GRAY: Would you read it back? (Question read by Reporter.) A Yes, that was on the 16th. Q Would yzu agree with me, sir, that the explanation which was approved was the pre-op and the surgery? A Well, like I say, l stated that I was told to g� home until I got everything resolved. Q And were Khose things that you had to get resolvel were your pre-operative procedure and your surgery? A Yes. Q And Mr. Blake and Mr. Encarnacion approved that explanation? A Mr. Blake did. He was the one who told me I could go home. l 2 3 4 5 6 7 8 9 10 I 12 }3 \4 15 lO 17 19 20 21 22 23 24 25 Q And you provided him written documentation Lo prove that you had those two things scheduled? A Yes, sir. Q And that circumstance changed, didn't it? A Yes, it did. Q And it changed on March the 23rd? A Yes, sir. Q And when did you advise the City t�at you weren't having the pre-op and you weren't having the surgery? A I didn't. I was under the impression that the law firm was going to do it. Q Mr. Ripley, had the law firm ever made any contacts with the City to do your call in for you in the past? A Not that I know of. Q Whose obligation is it to call in and advise �hen you're going to be absent more than twenty-four hours? A It depends on the time. Sometimes he told you I ain't got to cal] him, next time you got to call in. Q You call jn? A I've called in, my mother's called in. I've had my wife call in before. Q Mr. Ripley, at ten thirty on March 23rd, you found out that there would be no pre-op, no surgery? A Yes. ) 2 3 4 5 h 7 8 P 10 l| 12 )2 14 75 16 17 18 lv 20 21 22 23 24 25 Q that out? And you were at your mother's house when you found A Yes. Q And she had a telephone? A Yes, sir, she does. Q You didn't call the City that day? A No, sir, I didn't. Q And you didn't call the next day, or the next day, or the next day; is that correct? A No, not after I picked up my check on the 23rd and had a discussion that, no. with Johnnie Blake, no, I didn't call after MR. GRAY: Nothing further. CROSS EXAMINATION rA71 0 9 l 2 3 4 5 6 7 8 9 10 I 12 |3 14 15 lh |7 l8 |9 20 2| 2] 23 24 25 Q What was your understanding of the procedures vou were to follow as far as reporting in and the frequency cf that reporting in when you last were at work on March 16th and allowed to go home? A I was informed to keep them informed what was going on on every Friday when I picked up my check. Q Were you told that day to call them every day? A No, I was not. Q Were you told on that day to call them every day or you would be fired? A No, I was not. Q Did you call in on March 17th? A No, I did not. Q Did you call in on any day until March 23rd, from the time of March 16th? A Q No, Did anyone call from the City to tell you that you you should have been calling in daily? A Q No. So it was your understanding the procedure that you were following was correct, that you would talk to them on the Friday when you picked up your paycheck; is that correct? A That's ccrrect. Q You were scheduled for surgery with Dr. Fonsea. 0 I-] l 2 3 4 5 h 7 8 9 10 l7 12 )] W 15 lh 17 18 19 20 21 22 23 24 25 Had he operated on you previously? A No, he had not. Q When you asked for -- Why were you seeking a second opinion? A Because I'd been operated on a few times and when I went to his office he didn't even take no x-rays or nothing, he was just going to cut it open. Q Was it your concern to determine whether second surgery A was To actually necessarf? see if they needed to take a nerve from my leg to put in my hand, yes. Q Was it your assumption that some form of surgery would be necessary? A Yes. O Your concern was the type of surgeryj is that correct? A Yes, it was. CO !Have you since gotten a second opinion? A Yes, I have. Q What was the date of that second opinion? A It was March 28th. Q What time of the day did you -- Strike that. How -- Who did you see for that second opinion? A Dr. Toby. Q What was the result of Dr. Toby's examination; Ell 9 [-.-Jl l 2 3 4 5 6 7 8 Y 0 1 12 13 14 15 lo |7 /8 )9 20 2| 22 23 2* 25 � what did he recommend for you? A He recommended that tne tendon needed to be �laced against the bone again, but the nerve did not need to be messed with unless he opened it up seeing that it was tore apart, but I did have some feeling, so he didn't see how he needed to take a nerve from my leg to put in the hand. Q So it's your testimony he recommended a different type of surgery than Dr. 7onsea? A Yes. Q Are you planning to have that surgery done? A Hopefully, yes. Q Is there delay in that surgery? a A Yes. Q Do you know why there's a delay in that surgery? A I don't have the money to pay for it. Q Is it your understanding Workers' Compersation has not yet authorized that surgery? A Evidently it hasn't. Q When you saw Dr, Toty, what time of day did you leave his office on the 28th? A It was approximately about four thirty, quarter to Q Did you call anyone at that time to tell them of his . . . the results of his examination and his recommendations? 0 \ 2 3 4 5 h 7 8 9 0 l| |Z 13 14 15 lh 17 lR /9 20 2/ 22 23 24 25 A No. Q Why did you not call at that time? A It was too late to call anybody. Q Why did you not call on March 29th? A I had planned on it when my wife come home fro� lunch with my van, to come in to let them know what was going on, but they came to my house before I had a chance to go there. Q Did you call your attorney's office on March 28th after you A saw Dr. Yes, I called Toby? the lawyer's office. Q After you saw Dr. Toby on March 28th, is the time I'm asking you about. A Q Yes. Yes. Did you talk to anyone at your attorney's office after you saw Dr. Toby on March 28th? A Yes. I believe I talked to the secretary and told her that there was a different type surgery needed to be done, that Dr. Toby was going to get with the lawyer. Q Okay. Did you talk to anyone in the City that ED 9 ) 2 3 4 5 h 7 8 9 10 7l 12 )3 14 15 |6 17 18 lv JO 21 22 23 24 25 under the shade trees. Q Were you still taking your medication at that ill? A No, I stopped -- I ran out of it and I just never called to get no more. hand is injured? Q You say you were walking behind a self-propelled you were lawn mower? the lawn mower, what A Q Yes. Did that law mower require any effort on your part with your hand to operate it? A No. I just hold it with one hand and walk behind it. Q Which hand did you use with your lawn mower? Al My left hand. Q Which hand is injured? A My right hand. Q When you were walking behind the lawn mower, what type of lawn mower is it? A It's a Ward's, twenty-two inch self-propelled mower. 0 l 2 3 4 5 6 7 8 P lO 11 lZ )3 14 15 16 \7 18 lY ZO Zl 22 23 24 25 Q Is it gas, electric, or Have what type? heavy work with your hand A It's gasoline. since March 16th� Q Who had started the lawn mower for you that day? A Sam Williams, a friend of mine. Q Had you done any work around McCauley your house on March 29th, other than walking behind the self-propelled ask lawn why you had not called the City? A Yes, mower? had. Q Have you done any heavy work with your hand at home since March 16th� A No, I haven't. Q When Mr. McCauley and Mr. Blake arrived at your home, did they ask you why you had not called the City? A Yes, they had. Q What did you tell them? A I told them that I was under the impression that the law firm, the lawyer's office . . . that he was going to have taken care of it. Q Did you tell them on that day the results, tha� you had seen a doctor for a second opinion? A I believe I did, yes. l 2 3 4 5 h 7 8 Y 10 l7 12 lJ 14 15 16 \7 18 lv ZO 21 22 23 24 25 Q On that day did they ask if your hand was hurting"'., A No. Q Was your hand bothering you on March 29th7 A It hurts all the time. MS. MADDEN: I have no further questions at this point, but reserve the right to call Mr. Ripley as my witness in my case in chief. MR. DARBY: Okay. MR. GRAY: Just a couple, Mr. Chairman, if I may? REDIRECT EXAMINATION BV MR. GRAY- 0 Mr. Ripley, you testified on previous occasions ycu had been approved to stay home from work; is that correct? Is that right? A Yes. Q On any of those occasions in the past, did the reason that yon were permitted to stay home at any time changed? A Repeat that, please. Q Yes, sir, I will. On any of those previous occasions, did the reason or the approved explanation why you were allowed to go home change? A No. If I had a doctor's excuse, usually that's how long you stayed off and you never had to call or 0 | 2 3 4 5 h 7 8 9 lO 77 12 13 14 15 16 17 \8 19 20 21 22 23 2* 25 nothing. I have. Q Have Q But the reason Mr. for you being excused didn't :hang,---- on those circumstances . . . on those -- get his A No, sir. A Telephone book. On the standby Q -- times, did it? Mr. Encarnacion at home? A No, I have not. No. Q Do you A No. calling Mr. Blake at home7 A No. Q Okay. You've indicated MR. that you really weren't sure what the policy was; is that right? EXAMINATION A Yes. Q All right. But you did read that letter dated May 11th that I showed you a minute ago, did you not? A Yes, I did. Q And you had read your Personnel manual, had you A Yes, I have. Q Have you ever call Mr. Blake at home? A I think I have, yes. Q How did you get his phone number? A Telephone book. On the standby sheet. Q Did you ever call Mr. Encarnacion at home? A No, I have not. No. Q Do you have any trouble calling Mr. Blake at home7 A No. MR. GRAY: Thank you, sir. RECROSS EXAMINATION Ell L 1 2 3 C■ 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 0 Pi l 2 3 4 5 6 7 8 y 0 ll 12 )3 14 15 lb 17 18 19 20 21 22 23 24 25 were sent home on March 16th, as to how long you were tc be out? A I was to be out until everything was resol/ed. Q And, in your opinion, what did that "everything to be resolved" mean"' A Until MS. I got MADDEN: my thumb No further taken care questions. of. MR. GRAY: Nothing further, Mr. Chairman. MR. DARBY: Any questions from the Board? MR. GREENE: Do you want to ask him now or do you want to wait until her case is over with. You know, YOU may want to ask some questions that she may answer- in her case. Whatever y'all want to do. MR. DARBY: Before we dismiss a witness, we open for questions from the Board. MR. SREENE: Okayt, MR. DARBY: If there are further questions from either appellant or City, we'll permit it. MR. GREENE: I've got some questions, t5en. Mr. Ripley, the second opinior ny Dr. Toby that you've testified that you went to his office on the 28th of March, -- MR. RIPLEY: Yes, sir. MR. GREENE: -- who made that appointment? MR. RIPLEY: Mr. Fisher's office. [11 9 l 2 3 4 5 6 7 8 9 lO I 12 |3 |4 15 16 17 |8 lY 20 2) 22 23 24 25 MR. GREENE: Okay. Do you know when they nade that appointment? MR. RIPLEY: I don't know when they made it, no' MR. GREENE: Okay. How did find out that you you were supposed to go to Dr. Toby's office on the 28th of March? MR. RIPLEY: I was called by the attorney's office. MR. GREENE: Okay. And do you remember when you were called or when you were given the message? MR. RIPLEY: That I think it -- I'm not was, was for sure on the date, no. MR. GREENE: Was it the 23rd, the same day you were told that the other . . . the pre-op and the surgery was cancelled? MR. RIpLEY: Yes, I believe it was. MR. GREENE: The same day? MR. RIPLEY: Yes, sir. MR. SREENE: Now you've indicated that at ten thirty when you got this call from your attorney's office, that they told you the pre-op and the surgery was cancelled. MR. RIPLEY: Uh-huh. MR. GREENE: It's testimony that the second your opinion was schedcled with Dr. Toby, -- 0 l 2 2 4 5 0 7 8 9 10 1 /2 |3 14 15 lh 17 18 19 78 2! 22 23 24 25 MR. RIPLEY: Yes, sir. MR. GREENE: -- which you went to. MR. RIPLEy: Yes, sir. MR. GREENE: Now do you know why your attorney's office did not call the lab and tell them you were not going to be there at eleven o'clock, I believe it is? MR. RIPLEY: Eleven forty-five. MR, GREENE: Whatever it was? MR. RIPLEY: No, sir, I don't know why they didn't call them, no. MR, GREENE: Okay. And do you know why they didn't call the other doctor who was scheduled . . . who had you scheduled for surgery on the 29th- MR. RIPLEY: No, sir, I don't. MR. GREENE: Okay. But you assumed that your attorney was also going to call the lab and the other doctor, since they told you it was cancelled? MR. RIPLEY: Yes, sir. MR. GREENE: Now on the second opinion that you've discussed, is it your testimony that when you talked to Mr. Blake on the 23rd that you told him that you were scheduled for the lab work that day? MR. RIPLEY: Yes, sir. MR. MR, GREENE: RIPLEy: And Yes. a second opinion7 0 l 2 3 4 5 b 7 8 9 0 1 12 |] 14 15 lb 17 1p 20 21 22 23 24 25 MR. GREENE: Okay. Now, when you say secold opinion, is this something you had decided in your cwn mind that you were going to get a second opinion? MR. RIPLEY: Yes, sir. MR. GREENE; Before you went to the surgery ' MR. RIPLEY: Yes, sir. MR. GREENE: And that's why you told him that? MR. RIPLEY: Yes, sir. MR, GREENE: Okay. But you did not know about a . . . obviously, about a second opinion? MR. RIPLEY: No, sir, I did nor. MR. GREENE: Because one had not been scheduled. MR. RIPLEY: Not at that time, one had not been scheduled. MR. GREENE: Now also testified that were you you going to contact the City on the 29th when your wife came home with the van -- MR. RIPLEY: Yes, sir. MR. GREENE: -- to tell them about Dr' Toby's second opinion. MR. RIPLEY: Yes, sir. MR. GREENE: But you were unable to do that because Mr. Blake and Mr. McCauley came out to your house before then. MR. RIPLEY: Yes, sir. 0 l 2 3 4 5 h 7 8 v iO 77 12 }3 14 75 lb \7 |R lv 20 21 22 23 24 25 MR. GREENE: When was the next time that you were supposed to pick up a paycheck? The 30th? MR. RIPLEY: Yes, sir. MR. GREENE; Okay. Ard if you had not contacted them the 29th, have then to on would you said something them on the 300h when you picked up your paycheck? MR. RIPLEY: Yes, but I had planned on talking to them on the 29th, MR. GREENE: 29rh. Okay. And the 23rd was also on a Friday? MR. RIPLEY: Yes, sir. MR. GREENE: And the 16th Friday? was also on a MR. RIPLEY: Yes, sir. MR. GREENE: Are you aware or do you contend that there is any bias or ill will toward you by any of your supervisors? MR. RIPLEY: Would you explain that a little bit better, please. MR. GREENE: Well, do feel that has you someone something against you or does not like you that could cause them to recommend your termination in this case? MR. RIPLEY: You want my opinion? MR. GREENE: Yes, that's what I'm asking. MR. RIPLEY: Yes, I have the feeling. MR. GREENE: What is the basis for that? 0 l 2 3 4 5 b 7 8 P lO 7l |2 )3 l* 15 lb \7 18 |9 ZO 21 22 23 24 25 MR.RIPLEY: Well, just one time when we was handed a check one time for a back pay and stuff where ttey had lost time cards and stuff, I kind of had the impression I was told we didn't deserve them, but the� had to give them to us anyway, you know, and things go like that. And then another case come up where some away with stuff and others can't. people can get There's difference of feelings, in my opinion. MR. GREENE: Anything else specifically that you feelings that have that can tell me about any you you're being terminated for some other reason other than what we've heard today? MR. RIPLEY: No, MR. GREENE: I have nothing further. MR. DARBY: Do you have any? MR. RUFAS: Bobby, -- MR. RIPLEY: Yes, sir. MR. RUFAS: -- when did you get hurt? MR. RIPLEY: When did I get hurt? MR.RUFAS: Yeah. MR. RIPLEY: First time or second time? MR. RUFAS: All this leading up to the same thing? MR. RIPLEY: Well, I re-injured my hand on December 6, 1989. MR. RUFAS: This is the one with the bad nerve? l 2 3 4 5 h 7 8 Y lO l| 12 |3 14 15 lb 17 18 19 28 21 22 23 2* 25 MR. RIPLEY! Probably two, three months, yes, sir. MR. RUFAS: And were how many months? you out MR. RIPLEY: Excuse me? MR. RUFAQ How long were you out then? MR. RIPLEY: I was out quite a while. MR. RUFAS: How many months? MR. RIPLEY: I'm not sure. I'm really not sure. MR. RUFAS: Do you know, Tim? MR. McCAULEY: No, sir, I don't. Not off the top of my head. MR. RUFAS: The question I have is the same thing. You have bias about this thing or not? If he had a hard time getting service or getting his hand fixed or anything the other way. You missed a lot of time from work -- MR. RIPLEY: Yes. MR. RUFAS: -- because of your hand. THE CLERK: Could you speak into the microphone? MR. R1 Yes, where is the mike? Only thing I want to establish is, is the fact maybe you get bitter against the City, maybe you did , Ell 9 ) 2 3 4 5 0 7 8 9 10 ll |2 )3 14 15 lh 17 18 19 20 21 22 23 24 25 this on purpose, maybe you didn't, to bring it to a head or not. Do you understand what I'm saying? MR. RIPLEY: To tell you the truth, I got nine-and-a-half years in here, I don't want to lose it. I have no -- MR. RUFAS: A lot of vested time, is what I'm concerned MR. about. RIPLEY: Excuse me? MR. RUFAS: That's a lot of vested time. MR. RIPLEY: Yes, sir, a lot of vested time. And I hate to lose it. MR. RUFAS: Don't you think you could have come to work or MR. called in RIPLEY: more often? Well, I wasn't told to, that's why I didn't do it. MR. RUFAS: You keep saying this, but what you're saying today they told you to call in when when it was resolved. MR. RIPLEY: When I got everything resolved. MR. RUFAS: Yes. MR. RIPLEY: I was under the opinion the law firm called and that's why I didn't. I was going to call in every Friday, MR. RUFAS: You think you have free gratis until they got through with your hand, you didn't have to 0 Is l 2 3 4 5 6 7 8 Y lO l| lZ )3 \* 15 )6 17 18 19 ZO 21 22 23 24 25 call in or nothing? MR. RIPLEY: Yes, sir, that's what I was told to MR. RUFAS: No further questions. MR. DARBY: Questions? MR. McQUATTERS: Yes. Mr. Ripley, March 16th is a Friday, and that was the day that you went home from work dizzy; do I have that right? MR. RIPLEY: Yes, sir. MR. McOUATTERS: Okay. And then the next week, March 23rd, that was a Friday, that's the date �ou picked up your paycheck. MR. RIPLEY: Yes, sir. MR. McQUATTERS: And then the next Wednesday vas the 28th, those three days there. During that time that Friday, the next five days and then the following three days, did you have occasion to talk to your law Ti-m at all during that period of time? MR. RIPLEY: Yes, I talked to them. I frequently called them on the phone, yes, I did. MR. McQUATTERS: So from the time, just so I'm understanding, from the time you were dizzy and wen� home and the next Friday when you picked up your paycheck and the next Wednesday when you were finding 9 l 2 3 4 5 6 7 8 Y |0 1 12 lJ l* 15 lh \7 18 lv 20 21 22 23 24 25 out about the second opinions and all, you talkeo to them several times, three or four? MR. RIPLEY: About two, maybe three. McQUATTERS: Two, three times? MR. MR. RIPLEY: Yes, sir. MR. McQUATTERS: On March 6th, you had returned to work as well; is that correct? MR. RIPLEY: Yes, sir. MR. McQUATTERS: Okay. And the notion of wanting to get a second opinion, do you think that that was in your mind or do you remember if that was in your mind as early as March 6th, when you came back? MR. RIPLEY: No, sir. MR. McQUATTERS: When do you think that -- When did you start thinking to yourself, you know, I know I want to get a second opinion about the surgery; when did that come about? MR. RIPLEY: I don't remember the date. It was right after I seen Dr. Fonsea. MR. McQUATTERS: Okay. If we can put that in perspective of the day you went home dizzy, was it- before that day or after that day, do you think? MR. RIPLEYr I believe it was before that day, because I brought paperwork on the 16th. So before. MR. McQUATTERS: So right after you saw the first 0 9 l 2 3 4 5 6 7 8 Y 10 I 12 13 14 15 16 V \8 19 20 2| 22 23 24 25 doctor you're thinking to yourself, "Well. I'm goirg to get a second opinion"? MR. RIPLEY: I was thinking to myself, yes. MR. McQUATTERS: Who made the appointment with the first doctor? MR. RIPLEY: Ah, Althea Parish. MR. McQUATTERS: I don't know Althea. Does she work with the City? MR. RIPLEY: She's Utility Director's secretary. MR. McQUATTERS: So the City made your first appointment? MR. RIPLEY: Yes, sir. Yes, sir. MR. McQUATTERS: I see. Now, what I've heard this evening, is that it was your impression you're going to call the City every pa/ day. That's every Friday; is that right? MR. RIPLEY: Yes, sir. MR. McQUATTERS: A minute ago, I believe I remember you saying that the 29th, that's a Thursday, the day that you were walking behind your lawn mower and two of the City employees came out, you were going to call them that day when your wife got home from lunch. MR. RIPLEY: Yes, sir. MR. McQUATTERS: What was going to make you call 0 5 h 7 8 9 lO ll lJ 13 14 15 lb 17 18 19 20 2} 22 23 24 25 them earlier instead of waiting until the next day, until pay day, and you said you were going to see then every pay day, how come this week you were going to call in early? MR. RIPLEY: Because I had went to the doctor the 28th for a second opinion and I was going to let them know what was going on. MR. McQUATTERS: Okay. So when things change, then you were going to call your boss and tell them that things changed? MR. RIPLEY: Yes, sir. MR. McQUATTERS: So you know that when you're concerned about your job that you keep informed with your supervisors and let them know what's going on as they change? MR. RIPLEY: Yes, MR. McQUATTERS: We'll probably chat again later. Thank you. I appreciate your answers. MR. DARBY: Mr. . . . Ervin? MR. CAVELLARO: Mr. Ripley, in years 1986, 19871 1988 and 1990, total sick days totaled sixty-four. your In 1988 there are twenty-three, in 1989 there were twenty-one. Can you, for me, just give me some idea of what's happened with procedure as far as calling in to the City, to call or have or what would prompt you you~ I # 0 t 7 8 9 |O ll |2 )3 14 15 16 |7 18 19 20 21 22 23 24 25 mother or have your wife call on some occasions, and not all or none� requirement, why would you attempt MR. RIPLEY: Well, like I said, I stated that the policy and the rules change for each person. MR. RIPL�Y: Excuse me? I MR. CAVELLARO: But for you, did you interpret the rules to be that yoc did not need to call? MR. RIPLEY: Yes. in? MR. CAVELLARO: But you stated earlier that there were times that you were going to be absent, either your mother or your wife would call. Okay. Does MR. RIPLEY: Yes. MR. CAYELLARO: Why would they do that for you? MR. RIPLEY: I call in ever� so often. If I was going to be off one day at a time, s�mething like that, I would have �yself call in or somebodv else call for MR. CAVELLARO: But if it wasn't an understood requirement, why would you attempt to call in or have somebody else call in? MR. RIPL�Y: Excuse me? I didn't hear. MR. CAVELLARO: If it wasn't a requirement as far as the Job is concerned, why would you have someone in? call MR. RIPLEY: Urgent. MR. CAVELLARO: Okay. Does your lawn mower have a 0 l 2 3� � 4 5 h 7 8 Y lO |l 12 )J |4 15 lh |7 \8 lv JO 21 22 23 24 25 bagger? MR. RIPLEY: No, sir, it doesn't. MR. CAVELLARO: What kind of grass you got? MR, RIPLEY: Balia. MR. CAVELLARO: With one hand -- I can understand the self-propelled mower, having one myself, but I have a little turning it with one hand. problem MR. RIPLEY: Well, -- MR. CAVELLARO: How -- MR. RIPLEY: -- it's pretty easy, really. MR. CAVELLARO: Okay. You ran out of your prescription for your medication on what date? MR. RIPLEY: I'm not sure of the date. It was a be+ore the 29th. few days MR. CAVELLARO: Three days, four days? MR. RIPLEY: About four, probably, yes. MR. CAVELLARO: And you didn't renew the prescription for what reason? MR. RIPLEY: I just didn't renew it. I didn't call the doctor to get no more. MR. CAVELLARO: Was your hand hurting you? MR. RIPLEY: Oh, yeah. MR. CAVELLARO: If there's an emergency at your house, how would . . . what means would you have to get to a telephone to call someone, even if it's a 911? 72 l 2 3 * 5 t 7 8 y 10 I |2 13 14 15 lb 17 |8 |9 20 21 22 23 24 25 MR. RIPLEY: Walk. MR. CAVELLARO: Where? MR. RIPLEY: Pay phone. MR. CAVELLARO: How far is that? MR. RIPLEY: Approximately a mile. MR. CAVELLARO: You have nextdoor neighbors? MR. RIPLEY: Yes, I do. MR. CAVELLARO: They have a telephone? MR. RIPLEY: The one -- One does not and the other one does, but they got dogs and they got a fence around the yard, I've never been up there. MR. CAVELLARO: Thank you. MR. DARBY: Any further questions from the Board? Do you know what -- you said the medication made you dizzy? MR. RIPLEY: Yes, sir, it did. MR. DARBY: What -- Do you remember what it was? MR. RIPLEY: Yes, sir, I do, Lora Tab 7, it's a narcotic MR. drug. DARBY: You mentioned that you were mowing underneath a shade tree? MR, RIPLEY: Yes, that's all. MR. DARBY: Bahia doesn't grow underneath a shade tree very well. MR. RIPLEY: You're more than welcome to look. I | | | | rAJ l 2 3 4 5 6 7 8 n 10 l| 12 |3 14 15 16 |7 18 }Y 20 2| 22 23 24 25 mean, it's there. MR. DARBY: I don't have any further questions. MR. RUFAS: You don't know how long you had been hurt, your hand hurt? MR. RIPLEYg Since the last injury or the first? MR. RUFAS: Both of them. MR. RIPLEY: It's been hurt ever since it was hurt. MR. RUFAS: Ever since the first one? MR. RIPLEY: Yes, sir. MR. RUFAS: Nine months? MR. RIPLEY: It eased up a while and then I repulled it loose. MR. DARBY: Any other? MR. RUFAS: No further. MR. DARABY: You're excused. Wait a minute. Wait a minute. Wait a minute. Ts there any other? MS. MADDEN: Not at this time. MR. GRAY: No. MR. DARBY: You're excused. This to have would be a good time, I think, for a motion a MR. recess. McQUATTERS: Mr. Chairman, I move for five minute recess. 0 l Z 3 4 5 h 7 8 y 10 ll lZ l] 14 15 16 \7 lD )9 20 21 22 23 24 25 MR. DARBYg Is there a second? MR. GREENE: Second. MR. DARBY: All those in favor, say aye. ALL: Aye, (Whereupon there was a recess.) MR. DARBY: We'll begin if the both parties . . . are ready. MS. MADDEN: We are ready, Your Honor. MR. GRAY: Ready, Mr. Chairman. MS. MADDEN, Mr. Chairman, I guess by Your Honor, I hope it's acceptable, I'm so accustomed to having a judge sitting there. I'm sure that doesn't offend you. MR. DARBY: No, it doesn't. But I can't hear you half the time anyways. MS. MADDEN: I forgot. I'm sorry. I'm havirg a hard time remembering that this microphone is not sitting on a stand like everybody else's, and I apologize for that, but it's a little difficult to remember that I've got to hold it. MR. GRAY: Mr. Chairman, that completes our case. MR. DARBY: Do you have any more? MS. MADDEN: Yes. Mr. Chairman, I'm going to call one witness slightly out of order, because the young lady's here, her mother is visiting her for the first time in two-and-a-half years, and I'd like to put her 0 l 2 3 * 5 6 7 8 9 lO ll lZ 13 l* 15 16 17 18 |9 20 21 22 23 24 25 on first and let her go. I'd like to call Ms. Cheryle Brown. MR. McQUATTERS: Mr. Chairman, could we please ask that Ms. Madden give as an overview of what she intends to cover this evening? MS. MADDEN: Yes, be happy to. MR. DARBY: Yes. MS. MADDEN: It is the position of Mr. Ripley, that all though there are procedures in the book that have been read to him, and tonight, that state that you will call in every day when you're out for more than twenty-four hours, that those procedures have been altered for him in the past and were altered for him under this circumstance, and that he was given the understanding and did call in on Fridays to let them know of his status, that no one advised him that he was not following the correct procedure on the 23rd when he called in and did not call in between the 16th and 23rd, that he called in as he understood on the 23rd, and it is also our position that he did have the understanding that our law firm was going to call the City. We also will show that Ms. Brown does not recall whether she told him that or not, and we will not stipu . . . we will not try to prove that she absolutely told l 2 3 4 5 h 7 8 9 10 lZ )3 14 15 16 |7 18 /» 20 21 22 23 24 25 him that he was going to tell him that, but he mEv well have had that understanding from her. That he did not know of his specific appointment with Dr. Toby until the 23rd, that he had asked for a second opinion pricr to the 23rd; on March AN he had asked for a secord opinion, that our office had made that appointment for him, he did not make it himself. doctor was going to do the surgery, but that his understanding waE from Mr. Blake that he was to stay off work until the surgery was taken care of. It is our position that we're going to show, again as I said, that though the procedures state daily call in, that not only did Mr. Ripley not call in every day in the past, and that was accepted, that also that other employees had not called in every day and that has been accepted. That, therefore, the written procedures, as stated, are not followed consistently under all circumstances and that under the circumstances under which Mr. Ripley was allowed to go home on the 16th, that he was understandably operating l 2 3 4 5 6 7 8 y 10 I |Z 13 14 15 16 17 18 19 20 Zl 22 23 24 25 under procedures that he thought complied with Ve wishes of the It is our City. position that Mr. Blake did not tell him on the 16th to call daily. It is our position and we will present testimony there was another witness to Oat conversation, and it is our position that Mr. Blake does not recall clearly what directions or instructions he gave to Mr. Ripley. And it's our position that, as you've heard earlier, that Mr. Encarnacion did not hear any discussion with Mr. Ripley by Mr. Blake that he should call daily or that he would be fired if he did not follow through on those proceedings. So our summary of our position is Mr. Ripley followed the procedures as he understood and that, therefore, he did not knowingly violate the City's rules and regulations. I would call now at this time Ms. Cheryle Brown. MR. DARBY: Would you be sworn in, please. CHERYLE BROWN having been first duly sworn, was examined and testified as follows: DIRECT EXAMINATION BY MS. MADDEN- to Would you please state your full name. 0 PA 3 4 5 b 7 8 Y |8 1 O lJ 14 15 16 17 |8 !9 ZO 21 22 � 23 24 | 25 1 firm? A I'm no longer with that firm. Q What was the last day of your employment with that Q How do know Mr. Ri�ley? you A He was one of a hundred or more clients of Mr. Fisher's which I handled. Q Were you Mr. Fisher's secretary? 4 For about two months. Q Do you remember a conversation with Mr. Ripley on March 2 -- or, I'm sorry. -- during the week of March 20th through the 21st, 22nd, 23rd? A I vaguely remember a couple conversations, but vaguely. 0 l 2 3| 4 5 b � 7� � 8 9 iO lZ )3 /4 15 16 \7 18 19 20 Z) 22 23 24 25 Q Do you recall whether Mr. Ripley asked you ebcut getting a second opinion for his surgery? A Yes, we talked about a second opinion. Q Vid you make arrangements for Mr. Ripley to get a second opinion? A I certainly did. Q Who did you arrange for him to have an appointment for a second opinion with? A He wanted it with the Jewett Clinic. The Jewett Clinic is in Orange County and his injury was in Seminole. Consequently, I called to find out who worked outside of the Jewett Clinic in Seminole County, I found out that Dr. Toby did. I, therefore, made an appointment with him, after clearing it. Q When did you notify Mr. Ripley that he had a specific appointment with Mr. . . . with Dr. Toby? A When I called the mother's office . . . or mother's home, excuse me, when I called the mother's home, I generally would leave a message for him to call. Whether or- not I left more than just for him to call, or, call. I have the appointment, or, I found a doctor that works out of Orange County, those things are very vague to me as to dates and specific words. Q Do, you remember specifically talking to Mr. Ri�ley himself on March 23rd? I'm not asking you do you remember 0 l 2 3 4 5 h 7 8 y lO 11 12 )J 14 15 16 \7 18 |7 20 2\ 22 Z] 24 25 the contents of the conversation, but just do you remember talking with him? A Q Yes. Do remember if told him on that date that you you he had an appointment with Dr. Toby? That would have been the last day were employed at Fisher, Matthews and you Madden. MR. GRAY: Let me object to the form of the question. Leading the witness. MS. MADDEN: I'll restate the question a withdraw. Q Do you recall specifically talking with Mr. Ripley on March 23rd7 A Q Yes. Do you remember whether -- Strike that. Do you remember discussing with him a doctor's appointment? A Yes. O What did you tell him about the doctor's appointment on that day? A What I tell him is generally followed up with a letter, address, doctor's name, time. Q Okay. MS. MADDEN: What I'm showing counsel is letters written from the firm of Fisher. Matthews and Madden, one to a Dr. Bruce Toby and one to Mr. Ripley, dated March 23rd. 10 l/ |2 )] 14 15 lh }7 18 /9 20 21 22 23 2* 25 If I may share that with the panel. Q Ms. Brown, allow me to show you these letters. Do the letter dated to to Dr. Toby, dated you recognize . . . March 23rd? A Yes. Q How do you recognize that letter? A I remember a conversation with Mr. Fisher about it. And it does have my initials as having typed it. Q And those initials? what are A C.B., Q Where they located the letter? are on A Right after the gentleman who dictates the letter. Q Who in this case was who? A That was James C. Fisher, as the senior partner in the law firm of Fisher, Matthews and Madden. Q What does that letter state? A It advises Dr. Toby that we have made an appointment with him for our client to be examined March 28th at one thirty' We enclose medical records to date, we ]et him know Ripley to with any we're advising supply you x-rays he might have of any prior appointments and we ask him we would appreciate a report of his findings, and enclosed a medial release. Q Okay. And what date was that letter typed? A That was March 23rd. 0 l 2 3 4 5 6 7 8 9 lO |l lZ |3 14 |5 lh 17 18 |9 20 21 22 23 24 25| Q Was that the same day talked to Mr. RWley you about that appointment? A Yes. Q Let me show you a second letter written to Mr. Robert Ripley. What date was that letter dated? A March 23rd. Q How do you recognize that letter? It has A also my initials. Q And where are those initials located? A Fisher. Right after the dictator of the document, James C. Q Could you just summarize the contents of that letter for us? A It's a basic format letter to a client informing him that we have gotten them an opinion with another doctor, the date, time, a phone numoer in case they have difficulty locating the office, advising them to be on time, the doctor- request, you bring x-rays. Q Was that -- What date was it typed? A March 23rd. Q Again, is that the same date you spoke with Mr. Ripley about his appointment with Dr. Toby? A Yes. O Were -- Strike that. you Did you or do you recall any further details of 0 9 l 2 J 4 5 6 7 8 9 10 l7 12 13 14 15 16 17 18 19 20 21 22 23 24 25 time. BY MR. GRAY: Q Ms. Brown, these two letters, I think you said the way this occurred was Mr. Fisher dictated, you typed them, is that right? A Well, in all actuality, we have a standard form letter when we have a client come in and ask for a second opinion and/or its a format letter, he told me the format, I changed the client's name, the doctor's name. Q So he didn't dictate these letters. A Verbatim into a dictaphone, no. Q Well, did he in some way dictate them? A He's always apprised and informed constantly of what's going on, yes. Q Do you have specific recollection that your took Mr. Ripley March the 23rd, conversation place with on 9 �� l 2 3 4 5 b 7 8 Y |0 77 lJ lI 14 15 lb 17 \8 lv 20 21 22 23 � 24 25 � or do you presume that because of the date of these letters? A Generally the date -- What am I going to say, ninety-nine point five percent of the time, you know, I make an appointment, I type the letters, everything goes out the same date. If you're consistent with things, that's just a practice. Q I understand that, Ms. Brown. A Yes. Q But my question is, do you, without these letters, specifically remember that on the 23rd day of March you ha..--.' this conversation with Mr. Ripley, or is your memory refreshed or void because you see you typed this letter on the 23rd, as that's generally what you did? A It was not a highlight I my life to call a client, one of a hundred or more, excuse the phrase. Q Sure. A But, I would say, yes, I did call the gentleman the same day I did those letters. Q Do you have a specific recollection that that was March the 23rd? A Yes, sir. Q Do you have specific recollection of your phone conversation wito Mr. Ripley? A Not verbatim. I mean, or any . . . Not verbatim. Q Do you remember the names of any other clients LIJ l 2 J 4 5 6 7 8 Y 0 I 12 )3 14 15 lb |7 18 |9 20 2) 22 23 24 25 that you spoke with on March the 23rd? A Ah, . . . Well, not right offhand. Q But your recollection is that you spoke with Mr. Ripley, ycu made an appointment for a second opinion, and you typed these letters and that's all you remember about the Ripley matter? A l remember having had a previous conversation with having found the doctor, that he could still see someone with the Jewett Clinic, so I do recall that I had had more than one conversation with the gentleman. Q Do you recall whether or not that conversation you just referred to was in the month of February or March? A Well, ah, it was more than likely -- Q Do you remember whether or not it was in the month of February or the month of March? A I March. would say Q Do you remember if it was on March the 23rd or the 20th, or the 19th, or the 1st, or the 2nd or any particular date in March? A I cannot pinpoint the date as to the first conversation with regard to the Dr. Toby appointment, no. Q Approximately how many phone calls from clients do you handle on a daily basis? A It depended. It just depended on the day and the time of month. 9 l 2 3 4 5 h 7 8 9 lV I 12 13 }4 15 16 17 18 /9 20 2| 22 23 24 25 Q Give me an average day. That A Okay. An average day, forty people, maybe. would be a maximum, I would think- 9 Forty clients? A I would say that would be a maximum. Q Then for each of those forty client conferences would you have Lo make other phone calls to schedule appointments or that sort of thing? A lot just felt like A No, not at all. of clients they wanted to call in and be reassured and/or something or. another. Q So you only spoke with clients? A Excuse me? Q Well, you talked with clients on an average of forty times a day, I think that was your testimony. A Eight plus hour day, that's not very many. Q Okay. Did make other calls to doctor you phone offices, to court reporter's offices, to the judge's office? A I made other phone calls, yes. Q So you made more than forty phone calls a day? A I picked up the phone and conversed with somebody more than forty times a day. MR. GRAY: Thank you. Nothing further. MS. MADDEN: What I'm showing counsel is a memo from our file from Mr. Ripley, which I would show to is l 2 ] 4 5 6 7 8 y lO 7l lZ 13 |4 15 lb 17 m 19 ZO 21 22 23 24 25 the Commission and to Ms. Brown. This is a memo that I believe which Ms. Brown will identify that she prepared ir the position of Mr. Fisher's secretary. You note the date is dated . . . It's dated March 21st. MR. DARBY: This was in Mr. Ripley's file? MS. MADDEN: Yes. MR. DARBY: That's dated March 21st? MS. MADDEN: Yes, sir. REDIRECT EXAMINATION BY MS. MADDEN: Q Ms. Brown, let me show you this memo and ask do you recognize or recall that memo? A I recognize the memo. Q Do you know who prepared that memo? Do you recall who prepared that memo? A I typed this memo to go in file. Q And whose file did it go in? A This is a . . . on our client, Robert Ripley. Q What is the date of this memo? A March 21. O Would that have been the date that you typed the ��� A Yes' Q Would that have been the date that the l 2 3 mm 5 h 7 8 9 0 I 12 13 \4 15 lh 17 18 }9 20 21 22 � 23 24 25 � A Oh, I'm sorry. You want me to start at the beginning here? Q Go ahead, read the whole paragraph. A Mr. Ripley called today. He complained of pain and has been off work since Friday. Tried to go back in on light duty, swinging a mop . , . a broom and mopping, but is unable to work due to pain in hand. The Carrier has scheduled an operation. This would be Fonsea's third attempt to repair thumb. Operation date is the 28th of March, seven days from today, with Mr. Ripley going in hospital one day prior for blood work-up' U�-] 0 0 1 2 3 4| 5 6 7 8 y � � lO |l 12 |] |4 15 lb 17 18 lv 20 21 22 22 24 25 Qa7- !T^ Q And then is there any further reference about a second opinion in that memo'' A We nave claim and application for hearing on the adjustment of A.W.W. and a second opinion by Dr. Toby. MS. MADDEN: Thank you. I have no further questions. MR. GRAY: May I see the memo? RECROSS EXAMINATION BY MR. GRAY: Q Ms. Brown, do you have any recollection of the Mr. Ripley on March the 21st7 phone conversation with A Q Just What vaguely, do you recall about that phone conversation? A I remember that I had tried to find a doctor for him from the Jewett Clinic, he generated the phone call I, think, as the note says that he had called. important only to Things that I think are not verbally get across or to talk with to the lawyer, I also annotate for the file. Q Let �e ask you what something means here. You've got two short paragraphs here at the top. A Q Uh-huh. That kind of recaps the phone co�versation, [ suspect? A A bit. r] l 2 3 4 5 6 7 8 v 0 I 12 |2 14 15 16 17 18 lv 20 21 22 23 2* 25 Q Now what does the dotted line here mean? A Nothing in particular, really. Q Nothing? A It's just a couple of capsules of thought and then it's . . . it's the same as going into a new paragraph, except this is per+inent to his salary. I cannot especially say why I put some dots there. Q Okay. Now again tell me what you advised Mr. Ripley of on this date. A Well, he called in and the things he told me are annotated on that piece of paper. Q okay. A And at that point I had not made a time and date, I had just located a doctor. So I guess that was about it, was that he was talking to me and I thought it was necessary to make a permanent note of having the conversation. Q You hadn't set up anything on the second opinion, you just A found a Exactly. doctor? Q Okay. MR. GRAY: Thank you. That's it. Thank you. MS. MADDEN: Do you have any more questions of MR. GRAY: No further. MS. MADDEN: I have no further questions of her. | 0 3 4 5 6 7 8 V lO 7/ |2 13 14 15 lh 17 18 |9 20 21 22 23 24 25 MR. DARBY: Does any member of the Board have a question? MR. McQUATTERS: Dne please. MR. DARBY: Okay. Voluntary basis. MR. McQUATTERS: Ms. Brown, who called who on the 23rd7 I lost track. Mr. Ripley call you or did you call him on that Friday, your last day of work? MS. BROWN: Well, my best recollection is that he called back. In honesty, who generates a phone call when a client doesn't have a phone, and like I said, one of so many conversations and two months ago, ah, who the call I cannot exactly say. generated MR. McQUATTERS: But we are sure of two calls in that week, a Wednesday call and a Friday call. MS. BROWN: Uh-huh. MR. McQUATTERS: In that same week, or maybe the week can you recall other telephone prior, conversations with Mr. Ripley, regardless of who made them? [ -11 0 ) 2 2 4 5 h 7 R 9 |0 ll lZ 13 14 15 lh 17 18 19 20 Zl 22 2% 24 25 retained, MS. sir. That's part of the client file. his average MR. CAVELLARO: Uh-401. In the year 1990 or prior to 1990? MS. MS. BROWN: You could ask Ms. Madden exactly what the date might be. his feeling he was being paid insufficient amount MS. MADDEN: He was retained -- CAVELLARO: I Now I buried it. but you don't . . . you don't remember on the He was retained Mr. Ripley on February the 26th. MS. MR. CAVELLARO: happened February the 26th. And do you happen to know what the purpose was for? MS. MADDEN: The initial claim was an adjustment to his A.W.W., his average weekly wage. MR. CAVELLAR : As it relates to Workers' Compensation. MS. MADDEN: Yes, as it relates to Workers' Comp. It was his feeling he was being paid insufficient amount of his comp rate. MR. CAVELLARO: I think we've al,eady covered this, but you don't . . . you don't remember on the 23rd whether Mr. Ripley called in or you called his mother? MS. BROWN: If I called and he would have happened to have been at the house at that timer or then he called back. In all honesty, as I stated, I don't 72 0 l 2 2 4 5 6 7 8 Y lO l| lZ )3 14 15 lh 17 18 1p 20 21 22 23 24 25 � recall who generated that phone call. MR. CAYELLARO: Okay. Just one question. If I can direct a question tc Mr. McCauley and then back to MR. DARPY: Sure, that's okay. MR. CA�ELLARO: When are paychecks available? MR. McCAULEY: For Mr. Ripley? MR. CAVELLARO: For someone to pick up a paycheck at City Hall, when are checks available? MR. McCAULEY: Different for different people. In Mr. Ripley's case, he's oaid weekly. MR. CAyELLARO: Okay. And on Friday, he's paid on Friday, what time are checks availabler MR. McCAULEY: Generally about nine o'clock in the morning. Sometimes earlier, sometimes eight thirty. MR. CAVELLARO: Can you say that the letter on the 23rd, the letter dated on the 23rd to Mr. Ripley, was mailed on the 23rd? MS. BROWN: All mail goes out from the law Office on the same date that it's typed ant stamped, sir. MR. CAVELLARO: Okay. Thank you. MR. DARBY: Mr. Greene? MR. GREENE: Yeah, I've got a couple questions. Ms. Brown, when you talked to Mr. Ripley on the 21st of March, you were aware that he had a pre-op l 2 3 4 5 h 7 8 9 lO 1 12 ll 14 15 lh !7 \8 19 20 21 22 23 24 25 appointment on the 23rd and an appointment for sc-�ery on the 28th7 MS. BROWN: Yes. MR. TREENE: Okay. When you called him or he called you on the 23rd, we don't know for sure what happened, did you indicats to Mr. Ripley that you were going to cancel the pre-op and cancel the surgery because of the second opinion? MS. BROWN: Ah, that is the part of the conversation I honestly don't recall. And every client is different, every instance, when it comes to how you handle who's going to cancel the appointments and things of that nature. But I always did schedule second opinions. So in answer to your question, I don't recall. MR. GREENE: Okay. Would you have told Mr' Ripley or would you have, yourself, cancelled the appointment; what was the procedure? MS. BROWN: There *as no procedure, as I just stated. Each client was different. Maybe fifty percent of them across the board I cancelled, maybe fifty percent the other fifty percent the clients said they would cancel or already had cancelled, or, you know, was just . . . I can't say one way or the other, I have no recollection. 0 l 2 3 4 5 h 7 8 Y lO I 12 l] 14 15 16 17 18 19 ZO 21 22 23 24 25 MR. GREENE: Because in this the evidently case lab was not notified of the cancellation and the doctor was not notified that there was no surgery on the 28th. MS. BROWN: What I don't understand is why someone from the lab would not have notified the doctor that he had had his Did the doctor not pre-op appointment. think he was going to have an operation without having a pre-op? So there was obviously some lack of communication there. MR. GREENE: Okay. And indicated that the you memo dated March 21st was typed by you? MS. 9ROWN: Yes, I did. MR. GREENE: And your testimony here today is that that was typed on March 21st -- MS. BROWN: Yes. MR. GREENE: -- 19907 And the two letters which you typed that are dated the 23rd of March, you indicated that those were typed by you on March 23rd7 MS. BROWN: Yes, sir. MR. GREENE: Your last day there? MS. BROWN: Yes, sir. MP. GREENE: Does this case have anything to do with leaving the law firm? you MS. RROWN: Not at all, l 2 3 4 5 d 7 8 9 /0 l| lJ lJ |4 15 16 17 18 19 20 21 22 23 24 25 | MR. I have GREEN: Okay. Thank you. rothing further. MR. DARBY: Anybody else? MR. McQUATTE99: One quick follow-up question, please, ma'am. doing I relate to what you're saying about something routinely, such as always typing on the same day of the conversation. always mailing on the same day typing, that don't have to recall specifics, way you you just know that's the system and if it's got that date on it, it happened. So there's no need for notes on things that are done by system such as that. On the case though where every client is different about, like say cancelling the appointment, when things are always different, would that not be the time for the memo to the file tc whose going to cancel them? Could explain why, know, there is this lack of you you information? MS. BR�WN: Certainly. That's a small detail. If the client says that they are going to cancel the appointmer+, then why make a note of it? If I say I m to cancel the appointment, then that wouldn t going necessarily have been something that I would write in the file for permanent record, it might just be a little that I desk I have sticky put on my and when a 9 l 2 2 4 5 6 7 8 o lO |l 12 13 14 15 lh 17 18 19 20 21 22 23 24 25 few minutes I call up and do it. MR, McQUATTERS: Thank you. MR. DARBY: Ma'am? MS. MADDEN: I would just want to provide this, too. This is a copy of the memo, and I would like to submit it as our exhibit. And I would be happy to submit copies of the letters, too, but unfortunately -- MR. DARGY: This is the 21st? MS. MADDEN: Yeah, that's the 21st, can have y'all that for your review. I'll be happy to submit copies of the 23rd if someone me a copy back. Unfortunately, my gives secretary failed to put a copy of that in mv file. I'd also like to submit those. Also to counsel. MR. DARBY: I think the City, we don't have copies of those letters, do wer MS. MADDEN: Can we get copies made of these? I apologize, it's very unappropriate and unprofessional I don't have copies, my secretary apparently forgot them. I need copies of these back, for too, my file, because they are our only copies. But I would like to submit those to you. MR. DARBY: Ms. Clerk, could you make those? THE CLERK: Yes. I have to go upstairs. 31 0 | 2 3 4 5 6 7 8 n /O 1 |2 |3 14 15 16 17 18 |9 20 2/ 22 23 24 25 MR. DARBY: While we're waiting, now, Ms. 9rown, it was -- was -- were yow under the impression that Mr. Ripley would make . . . would cancel the appointments that he had; do you recall? MS. BROWN: I don't recall an impression either way. It's not part of mv recollection, it was . . . I'm sorry. MR. DARBY: Thank you. MS. MADDEN: I have no further questions of Ms. BY MR. 0 l 2 3 4 5 6 7 8 9 lO l| |2 |J \4 15 lh \7 l8 |9 ZO 21 22 23 24 25 proceeding why she was terminated, since it's not related to Mr. Ripley's case, as she stated earlier' MR. GRAY: l'll respond Mr. Chairman. I think it is relevant because there has been testimony as to following procedures, what is normally done. You're being asked to rely upon several memos to file which were purportedly prepared by Ms. Brown and the question of her competence is certainly relevant for you to be able to assess credibility of this witness. MR. DARBY: Overruled, you may proceed. MR. GRAY: Would you read back my last question. (Question read by Reporter.) A I was laid off. O Were you given a reason for being laid off? A I would like to state a couple sentences here. I was with the law firm for a bit over a year. I had asked for a promotion, having not been a personal secretary to a lawyer. I had worked as a back-up to the junior partner. At any rate, our senior partner had had a couple different secretaries come and during the time go that I was there. I had an opportunity to ask him, ouite having had less than one of in a prematurely, year practice law firm and only administrative positions before that, but it wasn't a matter of competency, it was a matter of being expedient. 0 0 3 4 5 h 7 R 9 |0 1 12 13 � 14 � 15 }h |7 18 � 19 20 21 22 23 24 | 25 | | For example, something that a legal secretary might ha"e done with eight or ten years of experience, had just done just like that, I had to go find examples of .... d and/or things feeling, of that and I understood, nature. It was with a on my termination very go on the 23rd. Q Ms. Brown, do I understand your answer to be that you were not terminated for incompetence? A Yes, sir. MR. GRAY: Page ten, line fourteen. MS. MADDEN: Counsel, may I ask to see what you're showing Ms. Brown? MR. GRAY: Page ten. MS. MADDEN: Of what, counsel? Of what? MR. GRAY: Of a deposition. Q May I ask you to 'ead, please -- MS. MADDEN: May I also ask if this is a deposition which Ms. Brown has previously seen or taken part in? MR. GRAY No. MS. MADDEN: Then I object to the presentation of Ms. Brown, since this is not her testimony, nor was she present at that deposition and I fail to know the purpose of your presentation to her of that deposition. MR. GRAY: Mr. Chairman, I have a statement on the record by counsel for Mr. Ripley, in the deposition of | 0 1-1 l 2 3 4 5 6 7 8 9 0 1 12 13 l* 15 lh |7 18 19 20 21 22 23 24 25 Mr. Ripley. Counsel for Mr. Ripley is in the same la� firm to which Ms. Brown is now referring to that she employed by. Ms. Madden states on the was previously record the purpose or the basis for the termination of Ms. Brown, MS. MADDEN: Again, I object to this being addressed to Ms. Brown, since she was not present at that deposition. It's not a question of her testimony. MR. GRAY: I'll be happy to recite -- Q Ms. Brown, Ms. Madden stated on the record that you were terminated for incompetence; is that incorrect? A It belief. was not my MS. MADDEN: Counsel, I'd also ask -- MR. GRAY: Thank you. MS. MADDEN: -- since asked that -- you I'm sorry. Are you finished, counsel? MR. GRAY: Yes. REDIRECT EXAMINATION :1 l 2 3 * 5 b 7 8 9 0 I 12 )3 � 14 15 16 |7 18 )9 20 2\ 22 | 23 24 25 | Q Thank you. MR. GRAY: Mr. Chairman, you know, I don't want to beat this horse, because I certainly have no reason to �ant to embarrass Ms. Brown. But, if necessary. I'l] call Ms. Madden to testify and ask her if that was her statement on behalf of the firm on May the 7th. I believe this Board has the obligation -- MS. MADDEN: I was -- MR. SRAY: -- to understand whether or not this lady is testifying from a level of competence as a legal secretary. I think that's important, because you're being asked to consider what she did in that scope. And if there is reason to believe that her competence may have not been sufficient, then I think that affects the weight of her testimony. That's all I'm trying to do. MS. MADDEN: I'll be happy to stipulate that Ms. Brown was, as in my terminology, was terminated so-ry Cheryle -- on the basis of incompetence. MR. GRAY: That's all that I ask this Board consider. MS. MADDEN: T do not -- I do not -- I will further state that I think her testimony should be accepted on the basis of what she recalls of that day. She's already testified she doesn't remember all the 0 l 2 ] 4 5 6 7 8 9 lO 12 13 14 15 |h 17 18 19 ZO 21 22 23 24 25 conversations that day and that may, indeed, be part o+ her problem, but what she has stated that she remembers, I've never given any statements or made any statement to the fact that she does not remember that testimony or that date, as to the conversation she had with Mr. Ripley rega-ding his appointment with Dr. Toby, which is the only statement she testified. MR. DARBY: I didn't get your last statement. M5. MADDEN: As to her testimony she made the appointmert and talked to Mr. Ripley on that day about his appointment with Mr. . . . with Dr. Toby, and I do not think she's testified to anything further, that she remembers anything further than that. MR. DARBY: Okay. MR. GRAY: Nothing further, Mr. Chairman. MR. DARBY: Any member of the Board have a question. MR. GREENE: No, but I'd like to clarify for the record what . . . what counsel has agreed to here, so we can understand this a little bit better. My understanding -- MR. DARBY: You're too far away from the mike. MR. GREENE: My understanding is Mr. Gray sought to impeach Ms. Brown on the point of whether Ms. Brown was terminated as Ms. Brown indicated, by being !aid E-11 0 0 l 2 3 4 5 h 7 H 9 0 I 12 )] 14 |5 16 17 18 19 20 21 22 23 24 25 off, or whether she was incompetent or not. I oelieve Ms. Madden has stipulated that she would agree that she did make the statement she was terminated because she was incompetent. MS. MADDEN: I agree I made this statement. I think, indeed, Ms. Brown has further stated, and I think have to clarify what all of us consider you incompetent, that one of the grounds for her terTination was she was not up to the speed of an experienced legal secretary, as far as that's what she stated. MR. SREENE: My concern is, obviously, is the issue of whether was competent or incompetent, is something that we should be concerned about, to allow a witness to be impeached or not. MS. MADDEN: Counsel, if you would like me to testify -- MR. GREENE: Let us discuss -- MS. MADDEN: -- as to her credibility' MR. GREENE: If feel that there may be the you potential for falsification of the record or other problems, then we might want to develop that. If you feel that this is a side issue, her competency or incompetency, ar'd it's not for our concern, I think we can be satisfied with the stipulation. Otherwise, we l 2 3 4 5 h 7 8 9 lO 1 12 13 14 15 lb \7 18 lv ZD 21 22 23 24 25 may want to ask or allow Mr. Gray to call Ms. Madden and have her testify. MR. CAVELLARO: It's my opinion it's a side issue. MR. McQUATTERS: It's my opinion it's a side issue, similar to what was going on in reverse about impeaching Mr. Blake, the credibility of his statement. MR. DARBY: Agree. MR. RUFAS: I agree, too. MR. GREENE: We do not desire any further testimony on the issue. We feel it was impeachment of a collateral issue and, therefore, is not really relevant. MS. MADDEN: I have no further questions. MR. GRAY: Nothing further. MR. DARBY: Anything further from either -- Do you have one more question? MS. MADDEN: No. MR. McQUATTERS: Thank you, Mrs. Brown. MS. BROWN: Am I excused? MR. DARBY: You're excused. MS. MADDEN: Gentlemen, the documents I have in my hand now which I'd like to present to the Commission is simply verification of the fact Mr. Ripley did have a second opinion and that second opinion did concur he needed additional surgery. Counsel agreed previously 0 ) 2 3 4 5 h 7 8 9 lO 11 |2 |] 14 15 16 |7 18 19 28 21 22 23 24 25 he would stipulate to admission and I present it to you for your information. MR. GRAY: I'm sorry, we had a misunderstanding as to our stipulation. I have no problem Aith stipulating to the fact that he did, in fact, have a second opinion. MS. MADDEN: Will you stipulate that second opinion MR. stated he needed GRAY: Yes. additional surgery? MS. MADDEN: Gentlemen, if he doesn't want you to see the doctor report, I'm not going to push the point. I to hand it to for further was simply going you your information. You I'm sorry, counsel. are also stipulating also to the date of that second opinion and the doctor's name? having been first duly sworn, was examined and testified as follows: El Ll l 2 3 4 5 h 7 8 9 lO I |2 13 14 15 lb 17 18 19 20 21 22 23 2* 25 DIRECT EXAMINATION Division, Q Sanford? A Q A Q A Q A Q Sanford? A Q Blake? A Q A Q And how long have you worked for the City of Yes, I have. Mr. Costello, were you -- Do you know Mr. Johnnie r6l 0 0 3 4 5 h 7 8 Y lO l} 12 13 14 15 16 17 SA 19 20 2| 22 23 24 25 A Through my work. Q Were you present on March 16th at a conversation between Mr. Blake and Mr. Ripley? A I wasn't actually in the room, but I was in the same of;ice area. Q Could you explain or describe that office location where you were in relation to where they were? A Well, our offices are joined together and there is a wall, sliding well petition between them. Q What type of petition is that? A It's like a folding vinyl type wall. Q Is it an opaque petition? A I don't understand that term. Q Is it a petition you cannot see through? A No, you cannot see through it. hear through? Q Is it a petition you can A Yes, you can hear through it. I'm Q How close -- Oh, sorry. Were you present in that office that day? A Q Yes, How close I was. were you to Mr. Blake's desk? A Ah, roughly our desks are probably ten feet apart. Q Did you hear a conversation between Mr. Blake and Mr. Ripley? A Yes, I did. 0 IE l 2 J mm 5 h 7 8 V lO 1 12 }3 14 15 }h |7 18 19 28 21 22 23 24 25 Q Could you relate to me your memory of the contents of that conversation? A Well, Bobby come into the office to report to work, Johnnie told him he would like to see him in his office, and he had told Bobby to go ahead and not to come to work that day, to go ahead and take the time off until he gets his situa+ion resolved with his thumb. Q A Were Basically, those his specific words you recall hearing? Q Did you yes. hear any discussions between Mr. Blake and Mr. Ripley about how often Mr. Ripley was to report back int� work? A No, I didn't. Q Did you hear Mr. Blake tell Mr. Ripley to report in dailv? � ) 2 3 4 5 6 7 D 9 10 I| |3 |l 14 15 lh \7 lR � |9 20 21 22 23 24 | 25 1 ' every day� 3 4 5 6 7 8 9 lV 7/ lZ |3 14 15 16 !7 18 lv 20 21 22 23 24 25 Q So it's testimony that not every employee who your is out for more than cne day calls in every day; is that correct? A Q To my knowledge, Was Mr. Encarnacion yes. in the building the present day they had the conversation between Mr. Blake and Mr. Ripley? A Well, at the time I was in the office, he was at his desk, which is separate from Johnnie's office. � How far was he from Mr. Blake? A His desk is the furthest away, he's back in the far corner, approximately twenty feet away. Q Could he also hear Mr. Blake's and Mr. Ripley's conversation at that point? not very clearly. Because, like I said, my desk is right behind his. MS. MADDEN: I have no further questions. A The door was not t-" alI the way, it was only part �ay closed. O When you speak of the door, are ycu speaking -- A The sliding petition. Q Sliding petition. A � Yes. Are �here any other walls or doors in that Ell l 2 3 4 5 h 7 8 9 lO l7 12 13 14 15 16 |7 18 19 20 21 22 23 24 25 A There's a front door and a back door, b�t they are separate from the sliding dc'or. Q Is there any other petition that would block Of Mr. from Blake's wt-ere office, you were as located? far as conversation is concerned, A Q No. Did you have any trcuble hearing his conversation while you were in the office? A No. Actually, I was looking right at Bobby when the conversation was going on. The have further part I heard. MS. MADDEN: MR. DARBY: The I no City have any questions. questions? MR. GRAY: Yes, just a couple, Ar. Chairman' CROSS EXAMINATION BY MR. GRAY: Q Mr. Costello, -- A ] Yes. -- I think you indicated that if somebody brings ir a doctor's excuse they're going to be out a week, then you don't have a reason for them to call each day; is that right? A Right. Right. someone Q Well, is comes in with it your a practice, medical problem Mr. Costello, when say, go away and back WE I don't care how long it come on when cured, 2 0 1] l 2 3 4 5 h� 7 8 Y lO 11 |Z l] 14 15 lh 17 \8 19 ZO 21 22 23 24 25 takes? A Generally, I don't kandle that aspect of it, Mr, Blake takes care of that. Q Would you expect that would be the policy of the City of Sanford, just go away and come back when it's cured? A Ah, not in that term, no. no, Q Okay. Thank you. Now you didn't hear any conversation which related to a specific time to call in or check in, did you.'' A Not that morning, no. Q All right, sir. Thank you. And K Mr. Ripley testified that now previously Mr. Blake and Mr. Encarnacion were present for that conversation on March the 16th, is he incorrect? A Well, at the time I was in the office, he would be rA71 1-1 h 7 8 Y 0 I /2 l] 14 15 |h |7 )8 19 20 Zl 22 23 24 25 ' Q Not on Friday? A No. Q Not on every day, not once a month, not anything? A Nothing to in. pertaining calling Q How about checking in? How about keeping me advised? Did you hear anything of that nature? A I didn't hear Lhat part either. Q Okay. Did vou have a crew in the field working that day? A Ah, that morning we weren't, we didn't leave yet as of that time, we hadn't left out of the building. Q What time of day did this conversation take place? A Ah, it was roughly right at seven o'clock when we 1E] KI l 2 3 4 5 6 7 V 9 lO || |2 )3 14 15 16 \7 18 /v 20 21 22 � 23 24 25 | was wrong. A I was here for the entire testimony tonight. Q Did hear Mr. Ripley say that he'd been in you out the sun painting witn his hand and he dizzy? got A That's not the same day we're speaking of, though. Q Not March the 16th? A The day I'm speaking of is the day that the . . . last day that he attended work and they told him to go on home Jntil they could get it resolved. Q What day was that? A I'm not sure what the exact date that was, that was the last day he came to work. O So if Mr. Ripley previously testified this evening that he was working that day, dizzy and was he got painting, was wrong. r6� I l 2 3 4 5 6 7 8 9 0 l7 12 )2 |4 15 16 |7 18 19 20 2) 22 23 24 25 REDIRECT EXAMINATION BY MS. MADDEN: Q Do you remember what day of the week that was? A That he came in and they sent him home? Q (Nods head.) A Ah, well, it was the last day he reported to work. Tim might know that, or Johnnie would know that. Q Okay. That's fine. You don't remember what day of the week it was? A No, I don't, no. MS. MADDEN: No further questions. MR. DARBY: Any questions? MR. GREENE: No questions. MR. DARBY: You may be excused, sir. Thank you. MS. MADDEN: I will call . . . would call Mr. Sam Williams. SAM WILLIAMS having been first duly sworn, was examined and testified as follows: DIRECT EXAMINATION 72 0 l 2 ] 4 5 h 7 8 9 0 |l (2 \3 14 }5 lh 17 18 19 ZO Zl 22 23 24 25 Q Mr. Williams, do you know Robert Ripley? A Yes. Q Were you present on at Mr. Ripley's house on March 29th? 0) 0 8 9 0 I 12 l] 14 15 \6 )7 |8 19 20 Zl 22 23 24 25 Q Why did you do that for Mr. Ripley? A He asked me to. � Have you been ansisting Mr. Ripley in other- matters? A Yes, I was out there helping him clean his yard up. Q Why were you helping him? A Because his yard was real messed up and had a lot of trash in it. Q Why wasn't he doing the work himself? A His hand . . . he said his hand was botherirg him, that he had hurt it at work. Q Did he do any heavy work with his hand while you were there? A Q No. How long had been there that morning? you A For about an hour. Q Did you overhear a conversation between Mr. Ripley and Mr. Blake or Mr. McCauley? A Yes, they first drove I think Mr. Blake when up, he Mr. Ripley he hadn't been in said that . . . asked why Pouch with him for his light duty, and that Mr. McCauley said that it didn't look good for him for not getting in touch. Q Did they ask Mr. Blake . . . Mr. Ripley any other l 2 3 4 5 h 7 8 y 10 ll 12 13 14 15 lb \7 18 19 20 21 22 23 24 25 questions that you overheard? how did you get to Mr. Ripley's house that day? A No, I then kept picking up trash and stuff and I moved away from where they were standing at. Q Did hear Mr. Ripley say why he did not call you friend stay with you7 your them or contact them? A Yes he did. A He said he didn't have a ride that morning. vehicle? A Yes, we did. Q That morning being the morning of the 29th? A Yes, ma'am. Q Did he say anything further about when he was to contact them? going A I think he said whenever his wife brought the van or at lunch, or something like that. MS. MADDEN: I have no further questions. CROSS EXAMINATION ���� Q Mr. Williams, how did you get to Mr. Ripley's house that day? A A friend of mine brought me out there. Q Did your friend stay? A Pardon me? Q Did friend stay with you7 your A Yes he did. Q Did y'all come in a vehicle? A Yes, we did. Q Who else was there besides you and your friend and I* ) 2 3 4 5 6 7 R v )0 I 12 13 14 15 16 l7 18 | 1p 20 21 22 23 24 25 | Mr. Ripley? A His stepdaughter Donna, I don't know her !as- MR. CAVELLARO: I have a question. MS. MADDEN: Oh, I'm sorry. Do ycu know how old she is? A I think she's nineteen, twenty. Q Does she na"e an automobile? A No, she doesn't. Q Anyone o-her than your friend bring their automobile there? A No. Q Mr. Ripley -- A Well, wait a minute, There Mr. Blake yes. was drove up, he had a vehicle. I Prior to that. A No. Q Okay' Mr. Ripley ever ask you, or did see Mr. you Ripley ask A your friend �o. if he would take him to a telephone? Q Thank you. MS. MADDEN; I have no further questions. MR' CAVELLARO: May I proceed? MS. MADDEN: That will be Mr. Williams, all, thank MR. CAVELLARO: I have a question. MS. MADDEN: Oh, I'm sorry. 2 3 4 5 6 7 R y lO |l 12 13 15 }6 17 lO 1p 20 21 22 23 24 25 � � 0 MR. CAVELLARO: And at this particular time during the day, what are working hours? your MR, WILLIAMS: Well, they to are usually seven three thirty. MR. CAVELLARO: And that particular day? MR. WILLIAMS: We didn't work. We were out of work almost that whole month. We build houses for Catalina Homes, and they have sold out to another company, and they stopped all the building for a month or so. We have just started back to work with them. MR. CAVELLARO: Okay. Thank you. MR. DARBY: Questions? MR. McQUATTERS: No. MR. RUFAS: No. MR. GREENE: No,, MR. DARBY: Thank you. You're excused. MS. MADDEN: May I just have ore moment? �- | � 9 i ���� | ` �m� l 2 3| 4 5 � � b 7 8 Y 0 I 12 13 14 15 W |7 /8 19 20 21 22 23 24 25 MR. DARBY: Yes. MS. MADDEN: I have no further questions, no further witnesses. MR. GRAY: No rebuttal, Mr. Chairman. MR. DARBY: No rebuttal. Does the appellant have a reouttal? MS. MADDEN: I have no rebuttal. I would like to make a closing statement. MR. DARBY: Okay. MS. MPDDEN: Gentlemen, if Y'all would excuse me, sometimes I feel better standing when I talk. I in this Mr, Ripley has been for think case out sickness for a period of time. He returned to work, at his doctor's directions, he did not not return when his doctor told him he was released to light duty work. He he during that came back or March 6th, worked period of time until on March 16th he expressed the problem that he was having working in the sun with his medication and his hanc was hurting. Prior to being back at work on March 6th, he nad been to work . . . been out of work for the same related injury. And during that time he had called in on some days and not on others. He had his mother call in, but as your own employees testified, Mr. Encarnacion, re did not call in on every day and no one [I l 2 3 4 5 6 7 8 Y /O I lZ )] 14 }5 16 17 18 19 20 21 22 23 24 25 ever addressed that issue with you . . . with him, as Mr. Enca,nacion, his supervisor, testified. Mr. Blake has testified that at least sometime during that period, though it's not entirely clear which periods Mr. Blake is testifying about, that he had an understanding with Mr. Ripley that he did not have to report in every day, that he could report in pn Friday and that mould be sufficient' Ncw Mr. Blake says that was before March 16th. There is no other testimony that was before March 16th, and I think it's been clearly demonstrated, as Mr. Blake himself stated, that his memory of times and dates is confused. I think Mr. Blake also has indicated that he was concerned about Mr. Rioley's absences due . previously . . related to this same injury, his Workers' Compensation injury, I think that suggests that Mr. Blake at least had a preconceived idea or a prenotior, in his mind about Mr. Ripley's handling of his absences to this injury. in regard In addition, although Mr. Blake has testified here tonight that he specifically remembers Mr. Ripley and telling Mr. Pipley on Ma-:4 16th to reoort in every day, Mr. Encarnacion, who said he was present for that conversation, does not recall that discussion, that he does not recall any statement to Mr. Ripley that ycu 0 0 3 4 5 h 7 D Y 10 1 |2 }J 14 15 lb |7 18 }9 20 2/ 22 23 24 25 should report every day on the 16th, and this is t�e day when they sent him back home to have his sur�ery, nor does Mr. Costello remember any conversation. And though I concede Mr. Costello was not in the will office for the entire conversation, he does remember the conversation that Mr. Ripley reported, which is that he was told to home until the matter wit� his go he had hand was resolved. Mr. Encarnscion said also the understanding that Mr. Ripley was to gc home and take care of his thumb. I think the case is that there was . . . was, niscommunication in a number of quite conceivably, instances here. 8ut I think it happened on both sides. I think that Mr. Ri�ley was legitimately under the impression that he could rep�rt in on Friday. lndeed, that is what he has done . . . he had done. He was there on the 16th, he was sent home, allowed to go home to have his hand taken care of, and he was reporting back in on the 23rd. And no one felt concerned about that week's span of time from Friday to Friday, no one tried to reach him or leave a message at his mother's, and they had her number, no one tried to contact hi� or go out to his house that week to determine why he had not reported back in every day. So apparent�y, from all evidencc, it was acceptable to Mr, Blake and Mr. [I 0 | 2 3 4 5 6 7 H Y lO l7 lJ |l 14 15 \h 17 18 � 19 20 21 22 | 23 24 | 25 1 McCauley and the City of Sanford that Mr. Ripley not report back anti] he picked up his Paycheck on March 23rd. If that was not acceptable to them, certainty n'� indication of that nop-acceptability was ever provided to M~. Ripley that week. Mr. Ripley did receive a confirmation that he had a second opinion, which he had reauested somewhere around March 21st, based on the testimony of Ms. Grown and the notes contained in our file from Mr. Ripley's WorAers' Compensation case. So whether or not you accept Ms. Brown's memory today, she had identified that paper, and it as typed and in our file. At that time, on the 23rd, a letter went to Dr. Toby from our office and a letter went to Mr. Ripley, confirming the fact that an appoi7tment had been made for him et that tine. It's Mr. Ripley's testimony, anJ there's no testimony to refute him from Ms. Brown, that she didn't talk Po him on that day about D~. Toby s second opinion. And W. Ripley s position is that he didn't know for sure when he had his second cpinion, the specific date, until Lfter he already talked to Mr. Blake that morning. He said he did talk to Mr. Blake that morning and indicated that he for blood was going work and that he was going for a second opinion. Mr. Blake does remember that part of the conversation t,at ) 2 3 4 5 b 7 8 p 10 7l 12 )3 |4 15 lh |7 |8 � |9 20 21 22 23 24 | 25 1 he talked about going for blood work. So there is no contradiction in testimony there. Whether Mr. Ripley or Ms. Brown had agreed, or hcw they agreed who would cancel what, was there a misunderstanding between the twr of them, I cannot tell you that. I cannot Produce testimony one way or the other. Ms. Brown does not recall, Mr. Ripley has one renembrance of that conversation, there's no one to contradict his memory of that conversation, and I don't think there's any evidence that Mr' Ripley has intentional]y lied to anyone here tonight. His hestimony has been consistent from hearing to deposition to hearing. The few incidents that Mr' Gray tried to Oromote as being . . . showing discrepancies, did not. A hearing statemEnt has the lawyFr, he -- An� Mr. Ripley admitted he calls and he's done in previnus conversations and testimony here, he refers to his lawyer's office as the lawyer. I don t thirk there is any evidence that his statement orb crsdibility is erroneous. He's admitted that he did nct call ii. It was his understanding that someone would do it for him. he's had people call in for him before. I do not think there's any evidence here that he willfully or intentionall\ did not follow the Cit�'s procedures as, by practice, he was accustomed to them. C11 9 0 l 2 3 4 5 h 7 R 9 10 I 12 |} 14 15 16 |7 18 |9 20 2! 22 23 24 25 That your written procedures are different, we admit! that different procedures had been permitted to be followed in the past is clear from the testimony c'f your own employees. That different Drocedures had been followed by Mr. Ripley in relation to this particLlar time frame is very clear, even by Mr. Blake's testimony, though he's not sure what time frame that was in and he may remember it being prior to the 16th, Mr. Ripley did practice that procedure after the 16th and no one called him on nhat. He went and got a second opinion, he was still in the impression that he was going to have surgery, he simply wanted a second opinion as to the type of surgery he was questioned or going to have. raised that I don't it was unreasonable think anyone's of him to seek a second opinion. I think the issue here, as I understand it, tell everyone is should he about the second have called ooinior? in earlier to Did he call on he 23rd himself? No, we admit that he did not. Again, though, I do not think that's a sign of willful disobedience" and I do not think that time he was under the onus to have to call in daily' He had called and been in that morning, he had made contact on the 23rd. The question is, that he did not call back in the second time that day. l 2 3� 4� 5 6 7 8 9 10 7l 12 13 14 15 lh \7 18 1p 20 21 22 23 24 25 I think there has been miscommunication. I think there mav have been -- I can only -- I can't ever- .address that. DiN Mr. Blake miscommunicate to him about what he expected from him? The testimony would seem to irdicate that at least Mr. Blake's discussion with him not clear from and consistent from one time period to another. Mr. Blake went out to visit Mr. Ripley on May 25th. Mr. Ripley, under the previous directions he understood from Mr. Blake, was not really responsible to call in again until that Friday the 30th. His testimony is that he was going to go in nhat day, the 29th, but he really, under the previous proceedings, would 4&,e beeq just as cleared and covered, I think, by following the procedures previously laid down to him repertirg in on the 301h. I think an unfortunate sequence of miscommunication, perhaps, on all parties, occurred. Again, I do not think of all those points laid cut -- Well, let me address them briefly' He's accused of violating A.K. Employee shall not absence themselves from work without authorized permission. He had permission to not be at work and to leave work rarch 16th. He had permission to leave work until his surgery was taken care of. We apparently have a �� l 2 3 4 5 h 7 8 9 10 I 12 13 14 15 16 17 18 |V 20 21 22 23 24 25 different interpretation on the parties about wiat that it Mr. Ripley's that urril he meant. was understanding had the surgery done, and he was going to have the done, his doctor was surgery question was which going to do what type of procedure, that he was not to come back to work. W. Encarnacion and Mr. Blake both testified that they sent him home to have the surgery taken care of. Absences in excess of twenty-four hours withont shall be considered a reason for approved explanation dismissal. Though it's a writleo procedure, as I discussed previously and as testimony has shown, it's not always followed by the [ity of San%rd in relation to its employees. And specifically in this case, it was Mr. Ripley's directions and there's no testimony other than that of Mr. Blake that he told him to report ir daily, by two other people who witnessed or heard at least part or all of the conversation, and Mr. Encarnacior did not -- I don't know if I'm bleeding into Wall or not -- did not recall hearirg that, and he clains he was there for the entire conversation with Mr. Blake and Mr. Ripley, and he did not hear him tell him to report in daily. 11.7A-4, the employee has willfully violated any "' l 2 3 4 5 h 7 8 9 0 77 12 13 14 |5 lh |7 lR 19 20 21 22 23 24 25 lawful official regulation or order or policy, or failed to obey any proper direction. I do not think there's any evidence here that he willfully disobeyed. That he may have unintentionall\ disobeyed by thinking or assuming that someone else would communicate, or that he was entitled to wait the Friday to talk to that until someone and may not have been Mr. Blake's :nderstanding in Mr. Slake's mind, that I think you're asking Mr. Ripley to read Mr. Blake's mind sioce he followed the directions Mr. Blake had given him verbally. I think 11.7A-6 soleaks to the same issue, guilty of insubordination. And it s my assumption that relates to previous testimc'ny from previous testimony to the same type that he did not follow through on the orders to report in. 11.7A-85 again relates to the same matter, responsible for intentional act or course of conduct. I do not think there is any evidence here tonight that Mr. Ripley intentionally violated the City rules of the City of Sanford, as they had been given to him Pr practice during the course of this particular illness. T don't think anyone Kay disputed that Mr. Ripley was ill, The that his employee hand has engaged was injured. in outside activity, 1) l 2 3 4 5 b 7 8 9 lO l7 lZ }J 14 15 16 |7 N lY 20 21 22 23 24 | 25 | 11.7A-15, on governmental time, or has used Citv of Sa7ford p-operty for nersonal gain. I don't believe the last of that is at issue here tonight. I part am not sure I have heard no evidence here that he engaged in outside activities on gcvernmental time, since the time he was off on this time he was on Workers' Compensation, and I see the word "governmental time there has been no testimony to indicate that he was being paid by the City of Sanford durirg the time that he was off work. "he sa�i�factory 11.7A-16, attendance employee has failed reccrd. Proper to maintain Ase of a sic: leave shall not constitute grounds for any disc"plinar� action,: There has been no testimony here, with one exception, that of Mr. Blake's, that Mr. Ripley was not sick and out on sick leave *hen he said he was sick. Neither belore the 16th nor after, It is not refutec! here Ly any testimony that nis hand in not hurt. I think the testimony that he was using a lawn mower would sound so damaging ir his initial termination notice has been rather clear that he was using a self-propelle" lawn nower. And I dor't thKk anvone expected hiY to go home and sit and do absolutely nothing. He wasr't told that. He didr't do anv work ' 0 l 2 3 4 5 6 7 8 9 10 I |2 )3 14 |5 lh |7 18 |9 ZO 21 22 22 24 25 -- The type of work he was doing, walking behind a self-propelled lawn mower, certainly is not the saTe do or with a broom o' using work you painting sweeping your hands in that fashion. I would ask you to consider that Mr. Ripley has a long history of employment with the City of Sanford. And, as Mr. Encarnacion testified, his work has always been That Mr. Blake feels that Mr. Ripley excellent. has misused his sick leave in the the only past, testimony to his misusing his sick leave was Mr. elake's. Mr. Encarnacion testified that he believed that when Mr. Ripley was out sick in the past even, not time but in the just this recent past also, was legitimate, he was out sick, that Mr. Encarnacion had no reason to believe he was not using his sick le�ve properly. And Mr. Blake gave nc testimory as to what he based his assunpticn that he was misusing his sick leave on 4e gave no indication he had ever investigated hefore to find out if Mr. Ripley was out To- any untoward reason, so there is no evidence here that Mr. Ripley did abuse his sick leave. I don't understand the It's not issue to be my understanding here. that any of these items cover the fact that Mr. Ripley was sick too much, it's these to the fact to my understanding charges all go 0 0 l 2 J 4 5 h 7 8 p |0 1 !2 |J 14 15 16 17 18 lv 20 21 22 23 24 25 whether or not he was absent when he should not have been because he was not sick. I think that in view of his long history with the City, his loyalty o" work IT the City, and the fact that his work has always been considered excellent, that the miscommunication that may have occurred between the various parties, both those for whom he worked and if if you wish to take the position . . . that he misunderstood his directions, I don't think those misunderstandings were intentional and I think he followed through in the best faith he could to do what he thought he was being told to do to report to the City on his absences. And I would ask that you consider all these matters and that you reinstate Mr. Ripley to his job with the City of Sanford, since, indeed, it's been indicated he's been a profitable and It is in file and cf valuable employee. your part y�or record, his personnel file, and I think it indicates he has received rumerous merits and promotions and merit increases "Iime; wKile with the City. Thank you for yonr 0 l 2 3 4 5 6 7 8 g lO ll 12 \3 14 15 16 17 }0 19 20 21 22 22 2* 25 The appellant is a nine-and-a-half year em�lnyee of this City. I purposefully started out my comments to you tonight asking yo`' to recognize the focus of ,/hat the City is bringing to you. The has tried to bring appellant a number of issues in, Workmen's Compensation, and what was said on what day, whether or not Mr. Ripley was suppose to call in daily or every other day. An issue was made of t�e fact that the City supervisory personnel djdn't try to City's contact Mr, Ripley. It's not the supervisory personnel's obligation to contact Mr. Ripley when he's away from work, it's his obligation to keep this City, his employee° and his supervisors, advised of his status when he's out. There is no doubt that the testimony showed that Mr. Ripley was out for more than twenty-four hou-s. Mr. Ripley was out for a specific �ur�ose, and that purpose has been presented to the City in writing in the form of the pre-operative and ooerative instructions that were submitted to Mr. Bleke and Mr. Encarnacior on the 16th day of March. What you have, in my humble opinion, this evening, is an �ssue of the witnesses that have been before c-edibility of you, because the basic facts are not in dispute. Initially what Mr. Ripley is asking you tc believe 0 ! 2 3 mn 5 6 7 8 Y 0 l7 |2 13 14 15 16 17 18 /v ZO 2\ 22 23 24 25 is that the City, through its supervisory staff, gays E blank check to Mr. Ripley, said go home and whenever it that come or bacx. might be you resolve your problem, l don't believe that the City supervisory personnel would take such a blatent action. The testimony does it. Both his immediate supervisors have not support of stated to you, under oath, that he was advised at a minimum, keep is informed. Let's accept for a moment, just for discussion, that there may have been some confusion as to whether or not you call in every day, or every other day, or every third day, as the testimony showed might have occurred in the past. There is no dispute that Mr. "Keep informed Ripley was told us of vour circumstances." And he was permitted to go home for a specific let reason. our employees It is carte incomprehensible blanche that take off, and we would whenever you get your problem resolved, come on back. And, by the way, if you shift your plans any number of times, don't worry about it, your job will be here. We'd have a lot of empty space around here if that was the policy of the City of Sanford. Mr. Ripley 's credibility must be questioned as it relates to his testimony of what occurred on March the 23rd. Now, he tells us tha� he came in to see Mr. L) 0 l 2 3 * 5 0 7 8 Y 0 I )Z 13 |4 15 16 17 lV 1p 20 21 22 23 24 25 Blake on the earlv morning of the 23rd day of Marcr aqd he said, "I told Mr. Blake that I was going for blood work and a second opinion." Now, Mr. Ripley has been around the medical community a bit here in the last couple of years. He certainly understards that you don't need a pre-operative laboratory work-up to go for a second He testi2i?d that he did not know that he had opi:ion. L second opinion scheduled until he went home and had a phone conversation with his law office. Now, at the predisciplinary hearing, he said that he talked to his lawyer about it. Tonight and in deposition, he said, no, I talked to Cheryle Brown about it. Cheryle Brown has no recollection, no specific recollection. She remembers that letter, but she she had a phone doesn't remember call because the she phone call. wrote a Mr. Ripley then asked us to believe that on the 23rd when he was sitting there by the phone, that he presumed that his law firm would cal7 any advise the City of the change in circumstances. Mr. Blake didn't CAI the Fisher Matthews law firm and say, "I'm letting Robert Ripley go home, but if things change, yzu guys let us know." Mr. Blake and Mr. Encarnacion told him, "Robert, it's job, it's responsibility, to your your tell us what's going on." That did not occur. DI 0 �� l 2 3 4 5 6 7 R 9 }O |l |Z 13 |4 15 16 |7 18 19 20 Zl 22 2] 24 25 The laboratory work didn't get cancelled. Tre operation didn't get cancelled. There is a questi:n, I believe, that you must ask whether or not credibility of the witnesses as it relates to who was goilg to tell the City is sufficient for you. I don't believe it should be. Mr. Ripley that he the law firm says relied upor on the 23rd day of March to call and tell the City, but he wasn't to rely upon the law firm on March the going 280h when he went and got his seLond opinion. Now why noes he rely upon one time and not rely on another time. Even though he has just finished talking to his law firm on March 28th after his second opinion telling them what occurred, he didn't ask them, or he didn't say that he did, "Will y'all call the City and tell them?" No, he said he was going to call on Thursday, the 29th, when previously he said "all I got to do is check in on Friday." Well, why not wait 'til Friday? if he recognizes an ooligation on the 29t4, or 28t4, to call the City, then that same recognition should occur on March 23rd, 1990. The grounds that have been submitted to you are set forth in 6.1A. And there are a couple of important aspects of that rule. Employees shall not absen� themselves from work without authorized permjsaion. l 2 3 4 5 6 7 8 9 lO |l 12 l] 14 15 16 17 18 lv 20 21 22 23 24 25 Absences in excess of twenty-four hours without an approved explanation shall be considered a reason for dismissal. On the 16th day of March, Mr. Ripley's supsrvisors approved his absence based upon his presentation of a set of facts. And that set of facts was on the 16th on the 23rd I'm getting a pre-operative checkout by the laboratory and on the 21th I'm going to have surgery. Those were the facts upon which his absence was approved. Now his testimony is that he knew before the 23rd that those facts had changed. In fact, I think he, in response to one of you gentlemen's questions, said four or five days before the 23rd he decided he was going for a second opinion. He's not going to get that surgery. He didn't have any confidence in Fonsea. Well, the circumstances under which he was approved to be absent, based on his testimony, changed three or four or five days before the 23rd. After they changed, it's his obligation to make sure that his absence at that point in time was based upon an approved set of facts, and he didn't do so. Mr. Blake and Mr. Encarmacion testified there tonight that he was given specific direction` "You keep us informed." Mr. Blake says it was supposed to be done rA-1 0 0 l 2 3 4 5 6 7 R y 0 l| |2 13 14 15 lb 17 19 Zn 21 22 23 24 25 every day. Mr. ENcarnacion had some testimony that, zut quite frankly, is not concrete a hundred percent, there's no doubt that Mr. Blake gave him Uat direction, and he didn't comply with it and therefore he violated 11.7A-4. The City takes the position that his conduct not only in failinc to note or keep the City involved, but the engaging 29th day, in activities disgraceful. sucv as mowing the lawn Not that mowing the on lawn is are disgraceful, but the fact that you are away from your approved work based upon a certain set of facts that no longer exist, and you're Sut mowing the yard, if you can do light duty at home, gentlemen, you can do light duty at work. 11.7A-15 is, frankly, not applicable here. There is no testimony that he was utilizing City property or making an improper gain. And that ground is withdrawn. 11.7A-161 the employee has failed to maintain a satisfactory attendance record. Proper use of sick leave shall not constitute grounds for disciplinary action. Well, I must ask you, gentlemen, does improper use of sick leave constitute grounds for disciplinary action? We believe that it does. And we believe that home leave based if you're sent on sicn upon a certain E r- -I 0 \ 2 3 * 5 6 7 8 y 10 I 12 )3 14 15 lh |7 18 |9 20 21 22 23 24 25 set of facts and those facts change and you don't tell anybody, then that's improper use of the sick leave, and we believe that's grounds for dismissal. This nine-and-a-half year employee, on a couple of occasions, was told of the policy, was given the policy in writing, received it each and every year, says that he has read, althongh it be quick reading, well, that's not anyone's fault but iis own, but he unde~stood this policy and he just failed to abjde by it. And that's that be tolerated by the City something just cannot of Sanford where you have a number of employees who lived by this set of rules, and it applies to each and every one of them. We ask you uphold the action of the City. Thank you for MS. MADDEN: your time. Gentleman, may I make two, three quick remarks in rebuttal. Very quick remarks. MR. DARBY: Yes, MS. MADDEN: One, no one stated it was the township's responsibility, or the town's the City's to responsibility, or responsibility contact Mr. Ripley at home tc find out where he was. It was, however, the testimony of the township employees that employees who were not following procedures were counseled to follow the proper procedures, and it was clear that Mr. Ripley reported in weekly after the 01 0 l 2 3 4 5 6 7 O y m ll 12 lJ 14 15 |6 17 18 )9 20 21 22 23 24 25 16th` and it certainly was the procedure that was followed, according to Mr Blake, even before tvat' And there's no testimDny to show other than Mr. Blake's that he ever changed those directions to Mr. Ripley. And Mr. Blake's testimony is contradicted by his own �ehavior after the 16th when he didn't check to see if Mr. Ripley -- If he had told him to call in every day. then I would assume that he checked to see that �e in every day and he did not, so Mr. Fipley was called proceeding under procedu'es, though '=ntrary to written proceedings, were the ones that it was his understanding in the information that he was prDvided on the 16th that was the proper procedures for him to do follow. You may 3ave written procedures, but if you not follow them at all times and you allow exceptions to them, then you can expect and you have to exPect that exceptions are going to occur. And to all of a sudden turn around and change the rules when Mr. Ripley's not at work is, I think, discriminatory. You have applied exceptions to those rules before. It was his understanding he was working under that he had before. exception now, as Secondly, he did keep the City informed. Hs came he told W on the 16th and he came in on the 23rd, and Mr. Blake that he was getting blood wo-k and a secor'd ) 2 3 4 5 h 7 8 p 70 I |2 ll 14 15 |b 17 |8 19 20 21 22 23 24 25 opinion. And Mr. Blake did not testify tonight t�at Mr. Ripley did not tell him about the second opinion. Again, I think Mr. Ripley has done what the City asked him to do. That Mr. Gray is talking about what the standards of the City are and what the procedures of the City are indicated they should be, I'm not arguing wiLh him that that . . . those written the City's interest procedures may well better protect than the ones that were followed in this case, but I that in this the would state Lo you very clearly case supervisory personnel, by their own testimony, have changed the procedures at times, and I do not think that you should hold Mr. Ripley responsible for the by that fact that he was given a change of procedures supervisory personnel. If you have a complaint about exceptions being made, then you should take them u�:-: with the supervisory who made those personnel exceptions in the past and Mr. Ripley should not lose the benefit of his nine-and-a-half years employment with the City because of the fact that your only cther employee, the supervisory emplc'yees, have, indeed, made exceptions to the rules in the past. He kept them informed within his understanding of the procedures applicable to him at that time. Those procedures were altered by your supervisory employee 21 r-I 0 l 2 ] 4 5 6 7 8 9 |0 7| |J lJ 14 15 W 17 18 19 20 21 22 23 2* 25 | and he folloved through with those proceedings. He was told to have the surgery, he is going to have the surgery. No one has indicated that he felt he had carte blanche to stay away foreveri that he misunderstood how far that staying off work would happen. Surgery to him was surgery. I still do not think that's a reflection on his credibility. And, again, he was goi"g to inform the City and di'j inform the City he was getting a second opir�on and he was �repared been scheduled, to inform 0e Fity had been achieved that the second and that coinicn he was had seeking surgery from a diffe'ert docto'. He had been allowed a week between reporting in before, and the statement he says here that reporting in for more than a week is a reason for dismissal, obviously did not get him dismissed before and he was simply following procedures that the City had let him follow before, that as far as he knew was acceptable to the City. Exceptions were made, and exceptior were made in this circumstance, and it is apparently Mr. Gray's position that though exceptions are made by supervis�ry personnel, Mr. Ripley should be hold responsible fs� that and personnel's not the -esponsible supervisory for resPonsibility the exceptiwns. . . . 7" 0 ) 2 3 4 5 h 7 8 9 10 I 12 13 l* 15 lb 17 |R 19 20 21 22 23 24 25 MR. DARBY: You may have rebuttal, if any. MR. GRAY: No rebuttal, Mr. Chairman. Tha,k you' MR. DARBY: Thank you. It's now time for the Board to come up with an answer' And we'll begin on a voluntary basis. Does anyone want to start? MR. RUFAS: Start on that end' You always start on that end. MR. DARBY: Beg your �ardon? MR. RUFAS: Start on that end. MR. DARBY: Okay. MR. CAVELLARO: Having been in this position many, many times, as far as management is concerned, and ooeration and administration of duties between em�loyees and employers" its always understood that the employee has the responsibility to not only the employer, but other employees. Attendance is always a tough issue *he�her . , . whethe� it's hurt or sick leave or whether it's vacation. Many times even ,acations will disrupt an organization's operation, because most organizations, including the City, just don'� have the de�th or a�thority of more t�an one person to hand]e the day-to-day responsibility. So if is there, it someone not adds addition�l responsibility on other employees and ��s kind of a domino effect a]l Ell 0 l 2 3 4 5 6 7 8 Y lO l7 |2 lJ 7* 15 16 |7 \8 � 19 JO 2| 22 23 24 25 | the way throcgh the organization. What -- Whether ths rules are followed by M, Ripley and the Ciry of Sanford with regard to spec&ic daily conversation e'e^y time you're out, I think it s nice to have personnel policy man�a]s, but, ouite frankly, it's awiully hard to administer them exactly the same we� to all employees all the time. I think personnel policy responsibilities maruals that is a statement the employer of these has and the benefits offered tc enployees. I don't think it's right to justify every . . . justify every line item in the policy manual saying we're administerirg we policy exactly to the inth degree to all situations for al1 employees. I do have a problem with the laKn cutting only because I have riding mower and out many also a lawn on self-Dropelled my own, both mower, and on a I don'� consider myself very week, but I know J have E hard time cutting my wit! a self-propelled mower` grass which I have, with my left hand. Especially wher I'm right-harded, and I'm not even sure yoA are. I just feel that if you can cut the grass you can do Aght duty. Whether you advise your emyloyer of that is immaterial, but I uphold the City the fact Y remains you Sanford's dec�sioi. can dn light duty. 0 l 2 J| «n 5 6 7� R y� 10 � � |l � lZ � |3 14 � }5 lh � \7 18 19 20 21 22 23 24 25 MR. McQUATTERS: I like to take up where he left It's been importaot to off and talk about absences. this Board in the past, always been important to t�is Board in the past to tyke the total work history K coming up with ar enswer. We're focussed in on some foundation for that, specifics this evening, but as a you know, in any work sjL�anion, assuming that every 6bsence is atsclutely oalid, taking that as a basis, how much absence is too puch absence over a nine-and-a-half year period of time. You recapped large numbers of days. And so I think in considering our decision building on what we on the same foundation re focussed in tonight, that we have in we're the �ast with, The is this a pattern? next comment that I wrote down for rur consideratio- is it appears to me that early on in consideration, Cr predisoosition to a second opinion long before one was actually set up, is reason to believe that Mr. Ripley knew the situation was going to change. What I understood in the sense of what was going on that I got was that for various reasons do the ±he And first doctor this was was not going known early to operation. on. And that the situatior quite Mr, Ripley's Vitua401, tie authorized purpose for Ki�i being out was going to change. h 7 8 9 lO I 12 |3 14 15 16 \7 18 19 ZO 21 22 22 24 25 I think the testimony we heard was policy was followed consistently depending upon the circumstances. The reasonable prudent snpervisor would not have someone cel] in every day i" they saw a doctor's report that said they are going to be off for three days. Well, cmming yo, just told me three back, I'll see von days, there's on the fourth no chance day. It may Sr may not be reasonable for Mr. Ripley to call in once a week, but certainly I believe the reasonable prudent employee would keep his emr]oyer apprised of any in changes ard call reg'Jarly. I disturbed by tne feeling I that Mr. was got Ripley could be in touch with his law firm as often as he felt necessary and on a more regular basis than the if City. And I think it's -easonable to assume that he can keep in contact with the law firm that often, he can contact the City that often. He was at a phone at that time, he could have made two calls at the same time. That important to to think was me about. 0 0 l Z 3 4 5 6 7 8 9 10 l| 12 13 14 15 |6 |7 18 )9 70 Zl 22 23 24 25 | Agair, I wrote down about if you can mow the lawn there's something that the City needs done that's equally as I have assertive empatly as mowing the lawn. for the situation, but I thir� enough abience is enough, that Mr. Ripley didn't do what a reasonable pr�d'snt employee Aould do insofar as Wapping informed abzut changes. I think once a week is probably Vten e',ough to call in when you're that serious!; ill, but if it changes, you can mow the lawn, you'-e going to a diffe'ent doctor, yo'/ stop taking medicine, a ]ot of thing happened the City didn't know aboot. And depending on what you other three gentlemen say at this point, I'm leaning toward upholding the City's termination of Mr. Ripley. MR. DARBY: Mr. Rufas? MR, RWFAS: I'm concerned abcut the fact Mr. Blake, he ragulations claimed be changed. or didn't allow the Bohby knows rules and the rules and regu1ations, 44e rules he and ~sgulations. signed the papers saying He s been he understood with the City nine-and-a-hi]f years. I'm not going to believe that any superviso~ can sit on his butt and let a man lay cut for a week without doing something about it. Yet it's happened right here. And I agree, also, 9obby had plenty of opport�njty to call and make al] the phone 11 ) 2 3 4 5 6 7 8 V lO |l lZ 13 14 15 16 |7 18 19 20 2) 22 23 24 25 calls he needed to, he called everybody else in tne world excect the City. I've got tc go along with -e City on this MR. one. DARBY: Mr. S~eere? MR. GREENE: I don't want to be too narrow, but I want to address some of the points. I don't think that City that Mr. Ripley the has established was required to call in every day in this particular case. MR. MR. McQUATTER5: GREEN: I I think agree. Mr. Blake was flexible and realized Mr. Ripley did not have a telephone, so I do not think that Mr. RiFley should be terminated for not calling the City every day. And the lawn mowing incident, that does not offend me, personally. '�evious because I he do not was mowing fee] that was the yard. dishonest I don't or think that because he was out that he'd be required to sit in front of a television set and just do nothing. Now` I do have a problem with t:e fact that tne City was in a qosition where they received a call from the lab saving that Mr. Ripley did not show up and the City received a call from the doctor saying he didn't have the surgery. That's a problem. But that's not a that Mr. Ripley did, in real problem when we realize fact, go to another doctor and did, in fact, get a :1 0 1�1 l 2 3 4 5 6 7 8 9 0 l7 12 \3 14 15 lh 17 18 19 Zn 21 22 23 24 25 second opinion, and he did that on March 28th. Thst'� establjshed, there's no . . . there's no contradictio­ to that at all. And I have heard nothing, and I do not believe that there is any reason for us not to believe that Mr. Ripley was not going to tell the City on the 29th or he his that he did the 30th wnen picked up paycheck, get a second opinion. And based upon that, I do not feel that Mr. Ripley violated the requirements of keeping the CiQ informed his condition. I think about what has happened here is that either himself or his attorney did . . . failed to make a few phone calls that they should have made. In a perfect situation, those calls should have been miscommunication made. But I do between not feel him and that based his attorney upon that he should be terminated and I would reverse . . . recommend reversing the Ripley. situatior he's in now and reinstating MR. DARBY: Mr. I can't understand why Mr. Riplev wasn't obeying the City rules and regulations to the letter because he retained an attorney in February. And anybody who retains him an attorney knows that that he had the City better is observing obey the rules very to the closely letter' and 7A I* �� `- l 2 3 4 5 6 7 8 Y lO I 12 |3 |4 |5 lb 17 18 19 20 21 JZ 23 24 25 The ouestion of mowing the grass, I agree wiLh Mr. Greene that that's the that not a violation, problem bothers me is that he got dizzy while in the sun and he said he was mowing the grass in the shade. I uohold the action of the City. Is there a need for a vote? the All those in favor of upholding the action of City, sustain the acticn of the City, say aye. MR. CAVELLARO: Aye., MR. McQUATTERO Aye, MR. RUFASr Aye. MR. DARBY: Aye. All those that are omposed, say aye. MR. GREEN: Aye. MR. DARBY: Four to one. By a vote of {our to one, the action of the City is sustained. (Whereupon the foregoing proceecings were terminated at 11:10 p.m.) � 2 2 4 5 h � 0 CERTIFICATE CF REPORTER U STATE OF FLORIDA COUNTY OF SEMINOLE I, DIANNE GAGNON, C.S.R, and Notary Public, do hereby certify that I reported the foregoing proceedings at the time and place herein cesignated; that my notes were thereafter reduced to typewritten form, under My supervision, and that the foregoing pages numbered 3 thrcugh 196, inclusive, constitute a true and correct record Of the aforesaid proceedings. I FURTHER CERTIFY that I am not a relative, employee, attorney or counsel of any 00 the parties, nor relative or employee of such attorney or COMM!, nor financially interested in the foregoing action. Notary Public ASSOCIATED COURT REPORTERS 101 West Fulton Street Sanford, Florida 32771 MEMORANDUM • May 8, 1990 TO: CITY CLERK VIA: CITY MANAGER FROM: CIVIL SERVICE SECRETARY; SUBJECT: CITY COMMISSION APPOINTMENT TO CIVIL SERVICE BOARD The purpose of this memorandum is to request an agenda item at the appropriate City Commission Meeting for appointment of a Civil Service Board Member. The current board member whose term is to expire on June 30, 1990 is Mr. Ernest Cavallaro, 402 South Winsome Court, Lake Mary, FL 32746. As recorded in the Minutes of the Civil Service Board Meeting of May 3, 1990; Mr. Cavallaro has expressed interest in serving another two (2) year term. Thank you for your consideration in this matter. /r cc. . Personnel Director r� EQUAL PROTECTION EMPLOYER- EMPLOYEE CIVIL SERVICE 130ARD OF THE CITY OF SANFORD P.O. BOX 1778 SANFORD. FLORIDA 32772 -1778 Telephone: 407 - 322 -3161, Ext. 207 Job Line: 407- 322 -3161, Ext. 208 FOR BULLETIN BOARD POSTING A G E N D A for May 3, 1990 at 8:00 P.M., City Commission Conference Room. DR. JOHN F. DARBY CHAIRMAN ERNEST A.CAVALLARO THOMAS GREENE BILL MCOUATTERS GEORGE A. RUFAS I. Acceptance of minutes of Civil Service Board meeting of February 8, 1990 • II. Discussion of Terms of Office of Board Members III. Appointment of Election Committee IV. Discussion of Civil Service Board proposed "Meeting Time" change V. Other Business ADVICE TO THE PUBLIC: IF A PERSON DECIDES TO APPEAL A DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THE ABOVE MEETING, OR HEARING, HE MAY NEED A VERBATIM RECORD OF THE PROCEEDINGS, INCLUDING, THE TESTIMONY AND EVIDENCE, WHICH RECORD IS NOT PROVIDED BY THE CITY OF SANFORD. (FS 286.0105) � 0 EQUAL PROTECTION ezi EMPLOYER- EMPLOYEE CIVIL SERVICE 130ARD OF THE CITY OF SANFORD P.O. BOX 1778 SANFORD, FLORIDA 32772 -1778 Telephone: 407 - 322 -3161, Ext. 207 Job Line: 407 - 322 -3161, Ext. 208 MINUTES OF MEETING OF THE CIVIL SERVICE BOARD MAY 3, 1990 MEMBERS PRESENT: Chairman, Dr. John F. Darby Bill McQuatters Thomas Greene Ernie Cavallaro George Rufus DR. JOHN F. DARBY CHAIRMAN ERNEST A.CAVALLARO THOMAS GREENE BILL McOUATTERS GEORGE A.RUFAS ALSO ATTENDING: Tim McCauley, Personnel Director Joyce Randall, Secretary Chairman, Dr. Darby opened the meeting at 8:00 P.M., Thursday May 3, 1990. The meeting was held in the City Commission Conference Room. The Minutes of the Civil Service • 1990 were accepted and approved. First order of business was "Terms inquired of the following members, and Mr. Greene on their willingness elected. All agreed that they wo if re- elected. go Board Meeting of February 8, of Office ". Mr. McCauley Mr. Cavallaro, Mr. McQuatters to serve another term if re- ald be "interested" in serving Discussion was then directed to the appointment of the "Election Committee" It was the consensus of the Board to elect Gloria Whitehurst, Evelyn Bennett, Charlie Turner as "Inspectors" and Marion Anderson as "Clerk". It was proposed that the Civil Service Board meeting time be changed from 8:00 P.M. to 6:30 P.M. Discussion ensued concerning this change. It was the consensus of the Board to keep the meeting time as is. Dr. Darby requested an update from Mr. McCauley regarding Mr. Ripley's upcoming hearing. Mr. McCauley stated that they would be going in for depositions on Monday, May 7th. There being no further business the meeting of the Civil Service Board adjourned. C-4 } C4 P. 0 d K • rat Imo-' m o m x o \ P. :J w \ \ N O H 0 ro ro n rt. rt \ m v \ \ coo \ coo m m a H N OD O rt Ok w 1D � 00 H 0 m m 0 W W m o rt, rt H H 0 W d 7C N• H :3 O w H rt Wp m 'D H w w n Er K 0 w PV w m 0 ~ m w i 9 m rt ° o fD k K m O o H C1 w o O per, W b 8 O 0I m W fD 0 • 2 H m H H H x �d OD O W Cpl H H O H xx C1 H x N CD t'� H H �O O H x [i1 N P. n O m rat Imo-' m O m \ \ N \ \ \ N O H 0 ro ro n rt. rt \ m v \ \ coo \ coo m coo H N OD O w Ok O 1D � 00 2 H m H H H x �d OD O W Cpl H H O H xx C1 H x N CD t'� H H �O O H x [i1 N P. n O m rat Imo-' m O m m w o n n 0 ro ro n rt. rt rt m rw+ ro " � w r � H. H 0 m m 0 W W m H rt H H W d 7C N• H :3 O H Q Wp m 'D H p a K w w rt o K H C1 b K m 0 r'h K 2 H m H H H x �d OD O W Cpl H H O H xx C1 H x N CD t'� H H �O O H x [i1 J • April 6, 1990 City of Sanford Fire Department Chief Hickson 1303 S. French Av. Sanford, FL 32771 RE: Resignation of Employment Chief Hickson: This is notification of my resignation as clerk typist effective at 4:30 P.M. on Friday, April 20, 1990. My six years employment with the City of Sanford will be terminated. On February 20, 1989 I voluntarily asv:ed for a demotion of Secretary I in the Parks and Recreation Department to a Clerk Typist in the Fire Department. Since that rime I have been constantly ridiculed and harassed. I was assured by you that this would not be tolerated at the fire department. This was an • incorrect assumrtion. You have been fully aware of the problems for quite some time. When you changed the organizational chart making Cindy Harrison my supervisor you must have realized she had never held this capacity before am that Some type of training waS i -1 Order. This never occurred. N3) training or education of any sort- was aver attempted. When she openly admitted that She resented me from the SLC.t 1 soon realized my existence at the fire department was a :st a matter of rime. I resent my privacy hai11CJ invaded. Not only was my p�.one number and address give to the general public, but my evaluation was discussed openly -,�7ith fellow employees. D u r J ng my JEou e e ,- S_ck _=a%,e I heard not :lord -rom anyone . I- wasn't until ---he1 _~c _lve- f notif; _'a- 1-4 t at my physician wOLl_i.l not r °i =aSe me -01" aIi ai.iditiOn.�.s. _'j7= wFeJi:' rile_ I 'ties ral_ed. _ f �' __ aLer �- 'iluSi }incw the -eas_ n my ..,=dic?1 a 'e onal n �' a-_.re an 1 „e .a ttla� _�:plal at- ic,.. v,; .­ __o} e__n=L-_t e,„ ,3, '':afi :�,� .? ± ?7 =',r_ L_ be ?:lad t wo j lysicianS was cu_r_._t__- ti` =inn. was _ c)t g(- - j1_.. il� Gila t.1= _L -4-- 4 T -Y ....: l 0 Page 2 I feel great sadness in leaving the City. I have been a faithful, dedicated employee who has a great loyalty to the City. I have made it a part of my life for six years. Not only will I lose one of my main sources of income, but will be leaving a city to which I feel a sense of commitment. It is my understai?di?:g that the City, through its various beneficial programs, attempts to retain valuable employes and attempts to help an employee who has a drug or alcohol related problem, but seems to ignore the inter- departmental problems an employee may have on the job due to inadequate training and poor leadership. in addition, today I received a phone call at my home from Tim McCauley inquiring as to -,.ii en he would receive my cfificial resignation and seemed quite delighted that I would deliver it to his hands by 5:00 P.M. th_s 7inet.hical. As a professional is �o _epresent the employees. I feel I have a professional that in the future T will be with these aualities. • R� pectfully, Den-se Bridle afternoon. This, in my opinion, is p ;rsr_ >nnel director he is uppo.sed attitude and capabilities and trust able to serve the City of Sanford c Maycr Bettye D. Smith Frank Faison, City Manager city Commission Civil Service B-ard Personnel M E M 0 R A N D U M April 12, 1990 TO: CIVIL SERVICE BOARD MEMBERS FROM: CIVIL SERVICE SECRETARY It SUBJECT: CIVIL SERVICE MEETING FOR MAY 1990 The purpose of this memorandum is to confirm our phone conversations of this date. The May meeting of the Civil Service Board is scheduled for May 3, 1990 at 8:00 p.m. in the City Commission Conference Room #109. I will mail out agendas on Monday, April 30, 1990 upon my return. Should you not be able to attend this meeting, please contact Tim McCauley at 330 -5626. Thank you for your cooperation. REL /r cc: Personnel Director • EQUAL PROTECTION CIVIL SERVICE BOARD OF THE • CITY OF SANFORD P.O. BOX 1778 SANFORD, FLORIDA 32772 -1778 EMPLOYER - EMPLOYEE Telephone: 407 - 322 -3161, Ext. 207 Job Line: 407 - 322 -3161, Ext. 208 FOR BULLETIN BOARD POSTING APPEALS HEARING NOTICE WEDNESDAY, APRIL 11, 1990, 6:30 P.M. CITY COMMISSION CONFERENCE ROOM FOR • ROBERT B. RIPLEY I[] DR. JOHN F. DARBY CHAIRMAN ERNEST A.CAVALLARO THOMAS GREENE BILL MCOUATTERS GEORGE A. RUFAS ADVICE TO THE PUBLIC: IF A PERSON DECIDES TO APPEAL A DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THE ABOVE MEETING, OR HEARING, HE MAY NEED A VERBATIM RECORD OF THE PROCEEDINGS, INCLUDING, THE TESTIMONY AND EVIDENCE, WHICH RECORD IS NOT PROVIDED BY THE CITY OF SANFORD. (FS 286.0105) EQUAL PROTECTION CIVIL SERVICE [30API) OF THE • CITY OF SANFORD P.O. BOX 1778 SANFORD, FLORIDA 32772 -1778 EMPLOYER- EMPLOYEE Telephone: 407- 322 -3161, Ext. 207 Job Line: 407 - 322 -3161, Ext. 208 MINUTES OF CIVIL SERVICE BOARD HEARING FOR ROBERT B. RIPLEY ON APRIL 11, 1990 MEMBERS PRESENT: Chairman, Dr. John F. Darby Secretary, William McQuatters George Rufas Ernest Cavallaro Thomas Greene ALSO ATTENDING: Tim McCauley, Personnel Director Rebecca Layman, Civil Service Secretary • Mike Gray, City Attorney Tricia Madden, Attorney Robert B. Ripley Paul Moore, Utility Director Johnnie Blake, Sewer Superintendent Rudy Encarnacion, Sewer Supervisor Carmen Costello, Sewer Supervisor Althea Parrish, Utility Secretary Rick Cooper Sam Williams DR. JOHN F. DARBY CHAIRMAN ERNEST A.CAVALLARO THOMAS GREENE BILL McOUATTERS GEORGE A. RUFAS Chairman, Dr. Darby brought the hearing to order at 6:37 p.m. Wednesday, April 11,1990. The meeting was held in the City Commission Conference Room, #109, Sanford City Hall. The following is a verbatim transcript of this meeting. Dr.. Darby - Call to order the Civil Service Hearing at 6:36 or 7, the uh, 'the hearing is to hear Mr. Ripley uh, appeal for reinstatement and the uh the City, is the City ready to proceed? McCauley - yes • Gray - The City is ready. Darby - You may proceed. • Madden - I think it might be appropriate first to put a statement in the record in to be asking if the defense is ready to proceed and the answer is no and I'd like to state why. Darby - Alright, excuse me. Madden - The uh, Mr. Ripley was uh out on a workers compensation injury which he was injured on December the sixth, 1989, he returned to work for the first time, as I understand it, on March 16, at which time due to the combination of his limitations and restrictions to light duty and the effect of sun on his medications, he was sent home and told that he should report back when he picked up his paycheck and let them know the status because he was scheduled at that time for surgery to be held on around March 29th. uh, as a result the events of which we are probably here to discuss, I say probably because we do not feel that we have been given adequate time to prepare for this matter, uh, Mr. Ripley was then fired on March 30th. He requested a hearing pursuant to the directions given to him by the Personnel Head of the City. That same day he had the hearing on April 3rd. On April 3rd he requested an appeal again pursuant to the directions given to him by City Staff. And believe it or not, in my opinion, he was served that afternoon, on April the 3rd at 4:30 p.m. with notice that the hearing was being held today, the eleventh. I wish everything in City Government and County Government worked that fast. He attempted to contact • us, the next day, which he did, If he had not had attorneys retained to represent him in his workers compensation case, he would not have been able to get in touch with and an appointment with an attorney that rapidly. He came to us on the fourth late in the evening, which is the first time we could work him into our calendars. By the time we finished talking to him and realized what was going on, the City offices were closed. We called the City office on the fifth, the morning of the fifth, and asked for an extension of time for this hearing in order that we might either prepare to represent Mr. Ripley, or that we might direct him to appropriate counsel who might be more experienced in these matters than we are. We are strictly personal injury /wrongful death /workers compensation lawyers and we make no pretense to be other than that. Unfortunately, since extension was denied, I was unable to obtain other counsel who was willing to represent him on such short notice of this matter. And we are hear tonight, and I'll put it on the record, that I do not feel that he has been given accurate, adequate opportunity to secure adequate representation. When you are talking about him, the matter with him that in effect derives, deprives him of property is 2 • Madden - rights. I presume this proceeding and the whole set up of the (cont.) Civil Service Board in the City of Sanford is designed to produce a form of due process protection. If that is the case, I think that holding this hearing tonight with such short notice to Mr. Ripley and short notice of time to prepare is giving only a token compliance with due process. That he is being railroaded out of his job with the City of Sanford, and that we are here to represent him so that he has some representation but we are on the record saying that we are not fully prepared; we have not had time to subpoena documents, we have not had time to review his personnel file; we have were told on Friday we had to have the names of witnesses before this board, for subpoena purposes by Friday. No attorney could prepare a case in less than a day. Maybe some of the great ones, like , I think they can, I doubt they can, and I certainly do not claim to be able to prepare adequately in the time frame in the time frame that you people have provided us. Since we obviously have other calendar schedule matters on our file before this matter ever came up. So we will proceed as best we can to protect him, but, I think anything on this record today will not hold up in front of any further additional judicial proceeding or labor relations proceeding or any other matter that may come up after this, if we proceed tonight under these circumstances. Darby - Is there any question that any member of the Board has for the Attorney? • Greene - Uh, I do. • Darby - yes Greene - okay, what exactly do you need more time for? Madden - Um, Mr. Greene, we have had barely time to even talk to Mr. Ripley and his witnesses, because the time frame in which we have been able to manage this thing from a Friday, we haven't time even trouble getting in touch with the witnesses because they do not have home phones, we have not had an opportunity because I have court schedules and hearings already set for this week, to come in and take a look at his personnel file or even examine it. It is simply not been time in three days matter to prepare for a hearing. Greene - When did Mr. Ripley contact you in reference to this case? Madden - I just relayed that. He contacted us initially on April the 4th. He got his notice of this appeal on April the 3rd at 4:30 p.m. our offices close at 5:00. Cavallaro - I have a question. Darby - yes Cavallaro - Do you envision this to be um, this particular type of hearing as out of your scope of practice, did you envision this to be a workers compensation hearing? Madden - No your honor, oh your honor, see I think I'm talking to a judge, be your honor, No we did not, it's just that we have not been able to obtain other counsel to represent him who is comfortable in this area of law because no one would take him on such short notice. It is very difficult to be perfectly honest, to find attorneys in this town or Orange County even who will represent the employee. And they, and I did talk to one of them and he said he simply could not do it in such short time frame and that he considered the whole proceeding tonight a farce if it went on. Cavallaro - Are you talking about a labor attorney? Madden - yes. Cavallaro - Was it your intent to get a labor attorney? Madden - He needs an attorney who is at least prepared or if qualified. I is don't know if, we might be able to come prepared if we had adequate time to look into his file, to find out what this whole matter is totally about. U Cavallaro - You will find out tonight. Darby - Yes? McCauley - I'd just like to state for the record that a simple phone call from counsel, I would have furnished you a complete copy of Mr. Ripley's record, if you so wanted. Madden - Well a simple phone call to you Thursday morning, resulted in a denial in extension which is unusual proceeding, I must say in the least, for these type of hearings to not, or any type of hearing that I'm aware of, to not, with two days with such a short time of notice to not get an extension. So we did not see any indication of cooperation, and I will tell you quite honestly, we were involved in other trials. We extended that as a reason for wanting extension, that we had commitments otherwise. He came to us because we were the only attorneys he could reach in such short notice, because we are already representing him in the matter, 4 • Madden - which is really at the root bottom of the firing which is the (cont.) workers compensation matter. If he hadn't been out on comp, he'd have been at work; this never would have come up, and he would not have had us even able to reach us. Only because we do try to get back with our clients as promptly as possible, was he able to get in to see us as fast as he did. A new client could not get in to see us that fast. Cavallaro - um -hm Darby - Does the City Attorney have a response? Gray - Mr. Darby, I would um advise you that the notice provisions that are provided under your policies and procedures have been complied with. I will not respond to the statements of advocacy as to the basis of this hearing tonight but it would appear that counsel's statement of date and time for notice is accurate. The record would show, I think, that the notice of hearing was sent by mail, dated April the uh, initially April the 3rd, received on the fourth, the second notice on the fourth received apparently on April the 7th. Darby - um -um Gray - Uh, I believe it is within this Board's discretion to determine whether or not this matter should be postponed for any period of time, to allow counsel to prepare, um, I would want to state for the record, that this is not a workman's comp issue. Uh, there, the workers comp issue or the injury was not the basis for the termination, as the record will reveal. I just wanted to cover that bit. But we have met our procedure the question I think for this Board is to exercise its discretion as to whether or not you believe that Mr. Ripley has had a chance to prepare, or if you want to give him more time. Darby - I don't think there was anything in the personnel file here concerning workers comp? McCauley - No sir Darby - No reference at all? McCauley - No Darby - It's a complete surprise to us, about the workers comp part. Greene - Dr. Darby, I have one more question, 5 • Darby - yes Greene - Ma'am, I didn't catch your name, I'm sorry. Madden - That's ok, it's Tricia Madden. Greene - ok Madden- m - a - d - d - e - n Greene - ok, Ms. Madden, um how much time do you think you need to adequately prepare for Mr. Ripley's case? Madden - I think that in light of my schedule, at this point, that I even, to adequately represent him, I even need to consider obtaining a different representation for him. And that may take a couple of weeks. Well, a week, several days to reach somebody to represent him and then I'm sure they are going to want a couple of weeks at least to prepare. I have two appellate briefs due April the 23rd and 24th, which I must prepare and obviously come ahead because they were already in my stable of responsibilities. So I think we would need at least a month to prepare for this. Greene - Thank you. Darby - Uh, Does any member of the Board have a motion they want to put • before us and then discuss it? Greene - I have one more question. Darby - okay. Greene - Mr. Gray, how many witnesses have we subpoenaed for the hearing tonight? Gray - Uh, let me count here Mr. Greene. I think there were seven or eight witnesses totally who were subpoenaed and we would intend to call to testify, four witnesses, excluding Mr. Ripley, who we would ask testify. So I think there were nine that were actually subpoenaed. Did you all subpoena any witnesses? Madden - We subpoenaed three witnesses on Friday, as we were instructed before we had to provide those names to by Friday. I don't know, we probably may need more, and we may not. We have not had time to talk to anyone to discern that... Gray - It looks like it's six r: .2 • Madden - ...We have also had time to even take, obviously no time to take depositions or questions or anything of the witnesses called by the City since I first received notice of these witnesses tonight. Greene - I have no further questions. Darby - Any other discussion Greene - I'd like to make the Motion that we continue the hearing for fifteen days for Mr. Ripley and his counsel, Ms. Madden to adequately prepare for the hearing. I say adequately, I do not mean to insinuate that by not allowing this hearing tonight it would a farce or anything close to that but since there seems to be a large amount of witnesses and we're going to have to spend a considerable amount of time if in fact eleven witnesses are called. I think we need to um, probably have a better hearing place or something anyway. So that would be my motion anyway. Rufas - There is nothing mandatory that says we have to use this room. Darby - I beg your pardon Rufas - Is that right Tim? McCauley - Pardon? is Rufas - We can use the Commission Room over there? McCauley - Certainly. Madden - Tim, If I may just inject one... Darby - Yes Madden - ...point, I appreciate the motion, in light of the fact that in a two, in a fifteen day period, if we were to try to set depositions with these people I would be quite open with you that he is going to have to obtain other counsel, because I will not have the time to review that within my schedule with court hearing and appellate briefs to do that, I think fifteen days is still inadequate for him. I would appreciate you all considering if the intent hear is to give him a fair hearing to schedule it for a month from tonight. I don't know what rush it is to kick him out that fast without adequate hearing. Greene - Well, I don't think it's a question of rushing. Before I was elected by the employees of the City to sit on this Board, I represented several employees before this board. and 7 • Darby - Very adequately, too, I must say Greene - I was forced to comply with these time constraints. Any attorney that handles a case knows what the time constraints are. Madden - I would agree Mr. Greene and I told you first for the record this is not our area of law, and I think it is probably more appropriate to seek alternative counsel. We are here simply because of this time frame he could not obtain such Greene - I understand that and I am sure Madden - And I don't know, I am not familiar with the time procedures. Greene - Well I am sure that Mr. Ripley can find an attorney that would be more than happy to represent him. And I think he needs to have his day in court so to speak. This is not a court. Quickly, but giving him time to be adequately prepared. And I think fifteen days is more than sufficient. And that would be my motion. Darby - Is there a second to that Motion? Rufas - I second it. Darby - It's been moved, and seconded that... • McQuatters - Could I ask a question before we take a vote please? Darby - yes McQuatters - I'd like to ask Mr. Ripley, if you think you can get ready in fifteen days, and find somebody. What's your opinion? Ripley - And be prepared, probably not. McQuatters - What do you base that you can't be prepared in fifteen days on? Ripley - Finding another lawyer to take it. Cause she says she doesn't have the time in that time to do it. Madden - I think um, gentlemen, that for the record, there is a real logistical problem finding an attorney who will represent him because he is on workers comp and has limited resources at this time. It's going to take a little work to find someone who will, I assume, I understand most attorneys who handle this area probably do it on an hourly basis. I may be wrong, but Mr. Greene would know more C] • Madden - about that than I do. We are going to have to find someone who (cont.) willing to take it on a "you'll get paid if something happens" type case basis and that's not going to be every attorney in town. McQuatters - Well, certainly we have, the little history that I have been with the Board, always been concerned first and foremost about what is fair and right in all hearings. If everyone, wh, and that so, you know I am not opposed to having it tonight. I am not sure what the time element of it is. We have a lot of opinions batting around, uh this is not the last uh, appeal process, probably, uh, if I am correct, the appeal process past this is uh, is a true court room, legal type process... Rufas - Civil Court McQuatters - Civil court, and this is meant to be a group of very interested, and dedicated people to listen to reason and try to make a quick and immediate judgement. uh, I would see some advantage in proceeding tonight if fifteen days is not enough, probably thirty days or forty -five days. You know, if uh, if it wants to go to a full, uh, legal process rather than a Civil Service Board, then it may be months. So, uh, I see some advantages if fifteen days is not enough, in even proceeding this evening. • Cavallaro - I, just thinking about the same thing for your benefit. uh, If, If we go through the hearing and you find that uh, for some reason that you don't have a chance, for whatever reason that is, then you go out and hire an attorney, or you get an attorney, you are going to end up spending money, and loose any way. I guess I am not quite sure, you know, your position as far as how firmly you believe that something has been a wrong here. uh, you know, and I, we have all worked with attorneys and they're expensive. You go out there and try to get an attorney, and start putting retainers up, and then you know, you'd be beating you head against the wall and your going to loose any way. I'm just sharing that with you. You know, for your own benefit and from just understanding, fifteen days or thirty days even going to be worth the effort, if um, if you can't get an attorney, or can't afford one in the first place. And then come to find out you still don't have a job with the City of Sanford. • Darby - The motion before the Board is that we extend the time of the hearing for fifteen days and there has been a seconded, it has been seconded. And we are in a discussion period now. I, before we take a vote on a fifteen day extension. Is there any other discussions? 9 • Greene - Well, I would just, Bill to you, I think you are right. I think we need to make sure Mr. Ripley has an attorney, and his position is properly brought before this board. The question is how much time is that going to take. And, you know, If he can't hire an attorney, or he can't get one here, how long do we need to delay this hearing for that purpose? And as you pointed out this is quasi -civil proceeding, not a criminal proceeding. He does not have the right to have an attorney appointed. So I think it is up to the Board to arbitrarily pick a number. I suggested fifteen days, but if the Board doesn't feel that is enough time, I'll you know, I don't have any problem giving him more time. Darby - We are discussing it now to determine if we need to extend it further than fifteen days. McQuatters - I'm a little discomforted with the fifteen days, I'm really ready to go ahead this evening or more like thirty days. Based on the attorney Madden's comments and Ripley's comments. I'm not sure what the right time is, but if we want to take a balance between wants and desires and unreasonableness as well. I'm leaning more towards approximately thirty days, than fifteen, personally. Darby - Is there any other comments before we vote on the motion? And that is to extend it to fifteen days. How about the City? What do you feel about it, about an extension? • Gray - I don't think thirty days would be unreasonable in this circumstance. I don't think it would take a counselor, uh, much more than uh, a week to ten days frankly, to prepare the case. But it may take him a couple of weeks to get an appointment and get a lawyer. The case is not that complicated, as you know, you have reviewed the record before you. It's not the preparation, it's getting a lawyer that may take some time. • Madden - And again gentlemen, I will have seen the record, I would like to, I am not a labor lawyer and I (garble) that, um, If we were going, if he is unable to get any other counseling, we felt with his full understanding of our position, if he wants us to continue I just cannot do it in the next two few weeks. As I am sure as Mr. Greene knows, when you have appellate briefs due; you do not argue with them about getting them in. And I have trials set in that same time frame, so if there is no other resource for Mr. Ripley or not, we might come back. But we certainly are not prepared to do it in this short time, because this is a an area of law that we would have to become more proficient in, just to properly present him here. 10 . Greene - This is not a labor law question. Madden - I understand that. This is a Civil Service Board. I am just a little out of my element tonight. Greene - You know, um, I mean any attorney can appear before our Board and do a very competent job. It doesn't have to be a specialist. Madden - I have a feeling that given enough time to prepare; even we could do that. It's just that the time Greene - I am, I feel confident that you can. I just don't want you to let Mr. Ripley believe that Madden - No Greene - he has to go out and hire a labor attorney. Madden - We could end up having to come back with him. But I just, in this particular time frame we cannot adequately represent him and it is not going to help me much more in two weeks, because I have such a combined practice right now. Darby - Are we ready for a vote on the motion which is to extend fifteen days. All those in favor say aye. • Darby - All those opposed, same sign. Darby - Aye U Greene - Aye Rufas - Aye McQuatters - Aye Cavallaro - Aye Darby - Is there another motion, that uh, would you like to submit another motion? Greene - I'll make another motion, that we continue this hearing for thirty days, to give Mr. Ripley an opportunity to adequately prepare his case and hire an attorney. McQuatters - Second Darby - It's been moved and seconded to extend it thirty days. 11 • Gray - Mr. Darby, may I recommend that we identify a specific date and time as part of the motion and ask Mr. Ripley to waive further written notice of that hearing date. Darby - Do you have a date thirty days from now which is, which would be suitable? (At this point the recorder was accidently unplugged by movement of witnesses to get a calendar. This was not realized until after the vote. The following is a synopsis of what happened from this point) The date of May 10, 1990 was discussed, however Mr. George Rufas was aware he would be out of town until the 15th of May. From that time May 17, 1990 was agreed upon by all there and the time of 6:30 was also added to the Motion. Dr. Darby called for a vote. "All in favor of the motion to hold the hearing thirty days from now on May 17, 1990 at 6:30 p.m. in the City Commission Chambers (contingent upon availability of the meeting place). There is also waived the necessity of written notice to Mr. Ripley, if the room is available. Darby - aye • Greene - aye Rufas - aye • Cavallaro - aye McQuatters - aye Darby - The motion carries unanimously. The meeting is now adjourned at 7:03 p.m. 12 EQUAL PROTECTION OZI EMPLOYER - EMPLOYEE 0 r� lJ CIVIL SERVICE 130APD OF THE CITY OF SANFORD P.O. BOX 1778 SANFORD, FLORIDA 32772 -1778 Telephone: 407 - 322 -3161, Ext. 207 Job Line: 407 - 322 -3161, Ext. 208 FOR BULLETIN BOARD POSTING THERE WILL BE NO MEETING OF THE CIVIL SERVICE BOARD FOR THE MONTH OF APRIL 1990 DR. JOHN F. DARBY CHAIRMAN ERNEST A.CAVALLARO THOMAS GREENE BILL MCOUATTERS GEORGE A. RUFAS EQUAL PROTECTION ezi EMPLOYER - EMPLOYEE • � 40 CIVIL SERVICE BOARD OF THE CITY OF SANFORD P.O. BOX 1778 SANFORD, FLORIDA 32772 -1778 Telephone: 407 - 322 -3161, Ext. 207 Job Line: 407 - 322 -3161, Ext. 208 FOR BULLETIN BOARD POSTING DR. JOHN F. DARBY CHAIRMAN ERNEST A.CAVALLARO THOMAS GREENE BILL MCOUATTERS GEORGE A. RUFAS THERE WILL BE NO MEETING OF THE CIVIL SERVICE BOARD FOR MARCH 1990 EQUAL PROTECTION • EMPLOYER- EMPLOYEE • � 0 CIVIL SERVICE 13CAPD OF THE CITY OF SANFORD P.O. BOX 1778 SANFORD, FLORIDA 32772 -1778 Telephone: 407 - 322 -3161, Ext. 207 Job Line: 407 - 322 -3161, Ext. 208 FOP BULLETIN BOARD POSTING A G E N D A for February S. 1990 DR. JOHN F. DARBY CHAIRMAN ERNEST A.CAVALLARO THOMAS GREENE BILL McOUATTERS GEORGE A. RUFAS at 8:00 P.M., City Commission Conference Room. I. Acceptance of minutes of Civil Service Board meeting of November 21, 1989. 11. Status of Civil Service Act Revisions. III. Status of Department of Motor Vehicle Reports. IV. Other Business ADVICE TO THE PUBLIC: IF A PERSON DECIDES TO APPEAL A DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THE ABOVE MEETING, OR HEARING, HE MAY NEED A VERBATIM RECORD OF THE PROCEEDINGS, INCLUDING, THE TESTIMONY AND EVIDENCE, WHICH RECORD IS NOT PROVIDED BY THE CITY OF SANFORD. (FS 286.0105) EQUAL PROTECTION EMPLOYER- EMPLOYEE CIVIL SERVICE 13CARD OF THE CITY OF SANFORD P.O. BOX 1778 SANFORD, FLORIDA 32772 -1778 Telephone: 407 - 322 -3161, Ext. 207 Job Line: 407 - 322 -3161, Ext. 208 MINUTES OF THE MEETING OF THE CIVIL SERVICE BOARD ON FEBRUARY 8, 1990 MEMBERS PRESENT: Chairman, Dr. John F. Darby Secretary, William McQuatters George Rufas Ernest Cavallaro Thomas Greene ALSO ATTENDING: Tim McCauley, Personnel Director Rebecca Layman, Civil Service Secretary Richard Cohen, Fire Marshall DR. JOHN F. DARBY CHAIRMAN ERNEST A.CAVALLARO THOMAS GREENE BILL MCOUATTERS GEORGE A.RUFAS Chairman, Dr. Darby brought the meeting to order at 8:00 p.m. Thursday, February • 8, 1990. The meeting was held in the City Commission Conference Room, #109, Sanford City Hall, with a full quorum present. Dr. Darby called for the acceptance of the Minutes of the Meeting of November 21, 1989. Ernie Cavallaro made the following Motion: MOTION: "I make the motion to accept and approve the Minutes of the Civil Service Board Meeting of November 21, 1989 as written." MOTION SECONDED BY: Bill McQuatters MOTION CARRIED UNANIMOUSLY Tim McCauley then briefed the Board on the status of the Civil Service Act. McCauley explained the Act had been presented to the Seminole County Legislative Delegation. The Delegation had requested a revision be made to the Act to provide that future amendments be made by ordinance, provided it is unanimously approved by the City Commission. McCauley further explained that this would not include any revisions which would adversely effect the vested rights of members of the civil service system. McCauley presented the Board with a letter from the City Attorney dated February 1, 1990 explaining the revision and introduced the revision as Section 48. McCauley explained the Act would be re- presented to the Delegation with the revision within the following few weeks. McCauley explained . the reason for the amendment was due to the cost to the State for passing legislation. McCauley continued by explaining that it was his understanding the Act would be approved and become effective in July of 1990. • The Board then directed its attention to the third item on the agenda, the status of the Department of Motor Vehicle Reports. McCauley explained that DMV's were done on all City employees. He explained that staff had found a way to run the DMV's with no cost to the City and that roughly 5% of the employees had had a "problem" with their license. However, all "problems" had been taken care of. McCauley further explained that all new employees were going to have this check run on them and that Personnel Staff would perform these checks on all employees twice a year. Mr. Greene then questioned Section 48 of the Civil Service Act. The Board requested for the record that in the future any and all changes that were made to the Act would be presented to the City Attorney for verification that such changes were within the legal limitations of Section 48, as well as such amendments would not affect any vested rights of current members within the system. McCauley assured the Board this would be the case. Richard Cohen, Fire Marshall, then presented the Board with a request to change the Job Description of the Fire Investigator /Inspector. Cohen explained this was a newly created position for this budget year and that the position had not been filled at this time. The problem with the job description was within the requirements section of the descriptions. Cohen explained the current requirements were for a certified firefighter and the actual need for the position was for a certified police officer with arrest powers and authority to conduct investigations. The Board voiced concerns about promotional availability for the person filling this position, since the requirements for the next step up • would include the firefighter certificate as well as EMT certification. Cohen explained that if the person had aspirations of promotion; he /she could obtain these certificates. • Ernie Cavallaro made the following Motion: MOTION: "I make the motion to approve the omission of the State of Florida Fire Standards and Training Certificate and the State of Florida EMT Certificate for the job classification of Fire Investigator /Inspector. MOTION SECONDED BY: Bill McQuatters MOTION CARRIED UNANIMOUSLY There being no further business before the Board the meeting was adjourned at 8:49 p.m. 2 4 • C� CJ STENSTROM, MCINTOSH, JULIAN, COLBERT, WHIGHAM & SIMMONS, P.A. DOUGLAS STENSTROM KENNETH W. MCINTOSH NED N. JULIAN, JR. WILLIAM L COLBERT FRANK C. WHIGHAM CLAYTON D. SIMMONS THOMAS E. WHIGHAM ROBERT K. McINTOSH MICHAEL E. GRAY February 1, 1990 ATTORNEYS AND COUNSELLORS AT LAW -4� FEB o'5 1 {/990' AiC✓n Cif WSAniFORD Mr. Frank Faison City Manager, City of Sanford P.O. Box 1778 Sanford, Florida 32772 -1778 i Re: Civil Service Act Dear Frank: SUN BANK • SUITE 22 200 WEST FIRST STREET POST OFFICE BOX 1330 SANFORD, FLORIDA 32772 -1330 SANFORD (407) 322 -2171 ORLANDO (407) 834-5119 FAX (407) 330 -2379 Pursuant to the request of the Seminole County Legislative Delegation, we have prepared a revision to the proposed draft of the Civil Service Act amendments. The revision appears as new Section 48. Basically, it provides that future amendments to the Civil Service Act can be made by ordinance provided it is unamiously approved by the City Commission and does not adversely effect the vested rights of members of the civil service system. The Delegation wanted this provision to eliminate the time, energy and expense involved in future routine amendments to the Act. They do not mind addressing major issues, but feel "housekeeping chores" are better left to local officials. Please advise me of the Civil Service Board's and City Commission's position regarding this matter. The next delegation hearing is February 13, 1990. I need to report to them at that time. In addition, I am enclosing an economic impact statement that needs to be filled out and returned to me for filing with the Delegation. As always, if you have questions, please call. Sincerely, STENSTROM, McINTOSH, JULIAN COLBER WHIGHAM & SIMMONS P.A. Wi am WL.Colbert jeb enclosures u i AN ACT amending Chapter 61 -2791, Laws of Florida, the Civil • Service System and the Civil Service Board-- bf the City of Sanford, Seminole County to abolish the Civil Service System and the Civil Service Board of Sanford, and to create the Civil Service System and the Civil Service Board of Sanford, Seminole County as its successor, providing for organization of the Civil Service Board; establishing meetings; providing for employment of a secretary; deleting all references to "Chief Examiner ", "Examinations ", "Assistant Examiners ", "Notice of Examinations ", "Eligible Registers ", "Nature of Examinations ", "Examination Grades" and the examination process; providing for delivery of copy of changes to Code of Rules and certificates of receipt of acknowledgment; providing effective date of amendments or changes to rules and regulations; providing for amendments to the Civil Service Act; providing for succession of interests; conflicts and effective date. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF FLORIDA: Section 1. The present Civil Service System and Civil Service Board of the City of Sanford, Seminole County, is hereby abolished. Section 2. Civil Service System Established. There is hereby established a Civil Service System for the . City of Sanford, Seminole County, which shall embrace all employees of the city, except temporary employees, provisional employees, part -time employees, all officers elected by the people, members of any Commission or Board, the City Attorney, practicing Attorneys -at -Law retained or employed by the city, the City Manager, and the City Physician. Section 3. Civil Service Board. (1) ESTABLISHMENT. There is hereby established for the City of Sanford a Civil Service Board composed of five (5) members, who are residents of Seminole County. Two (2) members of the board shall be appointed by the City Commission, two (2) elected by the members of the civil service, and one (1) elected by the four (4) members provided for above. The present members of the Civil Service Board shall continue to hold office and discharge their duties thereunder for the same terms and upon the same conditions as at the time of their respective election or appointment when this act becomes a law. (2) QUALIFICATION OF BOARD MEMBERS. All of the members of the Civil Service Board shall be residents of Seminole County, shall be persons of different vocations, and shall not be employed by the municipality in any other capacity, official or otherwise. 40 r Section 48. Amendments to Civil Service Act. t y The City of Sanford may, by unanimous vote of the City Commission, adopt by ordinance amendments to section or sections of this Act except the City Commission shall not adopt any amendment which adversely affects existing vested rights of members of the Civil Service System. Upon adoption of an amendment to this Act by ordinance, the City of Sanford shall have said amendment incorporated into the Act and shall file the revised Act with the Department of State at which time the revised Act shall take effect. Section 49. Repeal of Contradictory Laws. All laws or parts of laws in conflict herewith are repealed. Section 50. This act shall take effect on July 1, 1990. Became a law without the Governor's approval. 0 • • • Office Memorandum To: Fire Chief 19� From: Fire Marshal Date: 2/6/90 Subject Job Qualifications for Fire Investigator /Inspector AMEND TO READ UALIFICATIONS TRAINING AND EXPERIENCE City of Sanford Fire Department High school graduate or equivalent and a minimum of three (3) years experience in fire and arson investigation. SPECIAL REQUIREMENTS Possession of a valid Florida Chauffeur's Class Driver's License; a certificate of Police Officer Standards and Training. Must possess or obtain within a six month period State of Florida Municipal Fire Safety Inspector Certification. I am proposing to omit Fire Standards and Training Certification and Emergency Medical Technician Certification from the special requirements. These requirements are not applicable to the duties this person will be required to perform. RAC: cIh R.A.Cohen Fire Marshal . EQUAL PROTECTION • EMPLOYER- EMPLOYEE • • CIVIL SERVICE 130ARD OF THE CITY OF SANFORD P.O. BOX 1778 SANFORD, FLORIDA 32772 -1778 Telephone: 407 - 322 -3161, Ext. 207 Job Line: 407 - 322 -3161, Ext. 208 DR. JOHN F. DARBY CHAIRMAN ERNEST A. CAVALLARO THOMAS GREENE BILL MCOUATTERS GEORGE A. RUFAS F O R BULLETIN B O A R D P O S T I N G THERE WILL BE NO MEETING OF THE CIVIL SERVICE BOARD FOR THE MONTH OF JANUARY 1990