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PUBLIC COMMENTS, ANY PUBLIC COMMENTS, HEARING OF CNN? WE'LL MOVE TO
[3. Consider Motion to Approve Agenda.]
AGENDA ITEM THREE.CONSIDER MOTION TO APPROVE THE AGENDA.
HE'S NOT HERE, SO NOT HERE? YEAH.
I WAS ABOUT TO SAY WHETHER WE NEEDED TO AMEND THE AGENDA, BUT THAT'S NOT NECESSARY AT THIS POINT.
SO IF I CAN GET A MOTION TO APPROVE THE AGENDA.
I SECOND MOVED AND SECONDED THAT THE AGENDA BE APPROVED.
OPPOSED? AS NA, THE AGENDA'S APPROVED.
[4. Consider Motion to Approve Minutes from March 25, 2024, meeting.]
IYE FOUR.CONSIDER MOTION TO APPROVE THE MINUTES OF MARCH 25TH, 24.
HOPEFULLY YOU'VE HAD AN OPPORTUNITY TO CONSULT THOSE MINUTES AND IF SO, I'LL MOTION TO ACCEPT.
DO I HAVE A MOTION TO ACCEPT? I MAKE A MOTION TO ACCEPT THE MINUTES.
MOVE BY MR. LEMONS TO HAVE A SECOND.
WHO? WHO DID? MR. THOMAS SECOND BY MR. THOMAS THAT WE APPROVE THE MINUTES OF MARCH 25TH, 2024.
A OPPOSED A, THE MOTION IS ADOPTED.
[5. Consider Motion to Elect New Board Officers.]
A MOTION TO REELECT NEW BOARD OFFICES AS ALL OF YOU ARE AWARE.UH, CHAIRMAN, UH, MR. WILLIAMS RESIGNED AT OUR LAST MEETING.
I HAVE CALLED THIS MEETING TO ORDER AS THE VICE CHAIR AND WE ARE IN NOW A POSITION OF ELECTING A NEW CHAIR AND A NEW VICE CHAIR.
TECHNICALLY NEW CHAIR, TECHNICALLY.
SO THE FLOOR IS OPEN FOR NOMINATIONS OF A CHAIRMAN OF THIS BOARD.
I MOVE TO NOMINATE, UH, MR. PRESS ROBINSON'S CHAIRMAN, MR. ROBINSON, DO YOU ACCEPT? I ACCEPT YOU.
SECOND BY MR. THOMAS THAT, UH, PRESS ROBINSON BECOME THE NEW CHAIR OF THE BOARD.
UH, I'M ASSUMING THAT WE CLOSE THE NOMINATION OF THAT ONE, ONE NOMINATION IN THAT CASE THEN ALL IN FAVOR OF, UH, ROBBING BECOMING CHAIR, SAY AYE.
UM, NOW THAT YOU, OR CONDOLENCES OR CONDOLENCES, HOWEVER YOU WANNA LOOK AT IT.
SO I THINK YOU SHOULD OPEN UP THE FLOOR FOR NOMINATIONS OF A VICE CHAIR.
UM, THANK YOU, SIR, FOR REMINDING ME.
SO, CAN I HAVE A NOMINATION OF A VICE CHAIR OF THE COMMITTEE? I MOVE TO NOMINATE MR. RICKS AS, UH, VICE, UH, CHAIR.
MR. RICKS HAS BEEN NOMINATED BY MR. THOMAS.
I SECOND SECONDED BY MR. LEMONS.
ALL THOSE IN FAVOR OF MR. RICK BECOMING THE VICE CHAIR, SAY AYE.
MR. RICKS, YOU ARE NOW THE VICE CHAIR OF THE COMMITTEE.
AND AS I SAID FOR MYSELF ALL CONDOLENCES.
[6. Consider Motion to Schedule Board Member Training with Office of State Examiner.]
ITEM SIX, CONSIDER A MOTION TO SCHEDULE A BOARD MEMBER TRAINING WITH THE OFFICE OF STATE EXAMINER.MS. UM, WHO WOULD YOU I CAN SPEAK TO IT, BILL.
UM, JUST CONSIDERING WE'VE GOT SEVERAL, UH, NEWER BOARD MEMBERS THOUGHT IT'D BE PROPER TO, UH, REACH OUT TO THE STATE EXAMINER TO SEE IF THERE WOULD BE SOME, UH, TRAINING AVAILABLE.
UH, THEY HAVE INFORMED ME THAT THERE ARE TRAINING OPPORTUNITIES.
SO IF THE BOARD WOULD LIKE TO AVAIL THEMSELVES WITH THAT OPPORTUNITY, UM, MAYBE WE SHOULD CONSIDER, YOU KNOW, A MOTION TO AUTHORIZE MS. SPROUL TO CONTACT THE STATE EXAMINER TO, TO SET UP SOME TYPE OF, UH, NEW BOARD MEMBER TRAINING.
I WAS SPEAKING TO SEVERAL MINUTES PRIOR TO THE MEETING ABOUT
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OUR REQUIRED ETHICS TRAINING, BUT THIS IS NOT THAT TRAINING.THIS IS A DIFFERENT KIND OF TRAINING, SO, UM, BUT IT IS WORLD WORTHWHILE.
SO WHAT'S YOUR PLEASURE? YEAH.
I'LL MOVE TO, UH, TO SCHEDULE, UH, BOARD MEMBER TRAINING.
BACK TO, THANK YOU MR. MS. UH, SCHOOL.
CAN YOU, UH, YOU NEED TO CALL THE VOTE ON IT.
UM, AND WE'LL, WE WILL DECIDE ON A TIME, I GUESS.
WE HAVE A MOTION, UM, BY MR. RICKS SECOND BY MR. LEMON, THAT, UH, MR. SPO WILL ARRANGE A, UH, STATE EXAMINER TYPE TYPE TRADE FOR OUR BOARD MEMBERS.
[7. Consider Motion to Approve or Reject Personnel Action Forms.]
AGENDA ITEM NUMBER SEVEN, CONSIDER MOTION TO APPROVE OR OBJECT PERSONNEL ACTION FORMSUH, MR. LEMON HAS REVIEWED AND APPROVED THE ONES FROM THE FIRE DEPARTMENT AND MR. THOMAS HAS APPROVED THE PERSONNEL ACTION FORMS FROM THE POLICE DEPARTMENT.
THERE ARE SOME THAT HE IS GONNA ASK THAT I RETURN TO THE DEPARTMENT FOR FURTHER EXPLANATION, BUT, AND, AND HE CAN EXPOUND ON THAT FURTHER IF HE'D LIKE TO.
MR. THOMAS, ANY COMMENT ABOUT THOSE? YES, SIR.
THEY HAVE ONE IN THERE THAT, UH, THE PERSON WAS PUT ON ADMIN LEAVE, BUT THEY DON'T STATE EXACTLY WHY.
SO DO WE NEED TO, UH, SPECIFY HOW MANY FIRE POLICE WE HAVE OR JUST IN GLOBAL? IN GLOBAL.
WITH THE EXCEPTION OF THE ONE, THE ONE THAT MR. THOMAS REFERENCING.
SO CAN I GET A MOTION TO THAT EFFECT THAT WE, UH, BEFORE YOU DO THE MOTION, MR. THOMAS, DO YOU REMEMBER THE NAME OF THE PERSON? YES.
SO IN, IN, UM, IN MAKING THAT MOTION, THE EXCEPTION WILL BE THE NAME OF THAT PERSON THAT WE'RE TALKING ABOUT? CORRECT.
SO CAN WE GET YOU TO MAKE THAT MOTION? I MOVED TO APPROVE THE PERSONAL ACTION FORM EXCEPT FOR THIS ONE PERSON RIGHT HERE.
UM, UH, I THINK WE NEED TO NAME THE PERSON, RIGHT? WE NEED TO NAME THE PERSON, UH, JERMAINE J TO WE MORE INFORMATION IS GIVEN.
I HAVE A MOTION BY MR. THOMAS.
IS THAT SECOND? I'LL SECOND THAT.
ALL IN FAVOR OF THE MOTION, SAY AYE.
OPPOSED? IS NAY MOTION IS ADOPTED.
[8. Consider Motion to Review/Accept Test Scores.]
I EIGHT.CONSIDER A MOTION TO REVIEW ACCEPT TEST SCORES.
ANYONE HAS A KNIFE? I CERTAINLY DO NOT.
I'LL GO AND TRY AND GET A LETTER OPENER OR A PAIR OF SCISSORS.
WELL, LET ME, LET ME FOOL WITH HER LITTLE WHILE.
WE HAVE TESCO FOR TWO PERSONS GONNA BE POLICE, CRIMINAL INFORMATION SPECIALIST TWO, AND POLICE CADET.
WE HAVE THREE FOR POLICE CADET, TWO FOR THE POLICE, CRIMINAL PROBATION SPECIALIST.
IT LOOKS LIKE WE HAVE TWO NO-SHOWS AS WELL ON THE, UH, NO.
WELL ACTUALLY NONE OF THE, UM, YEAH, NO ONE SHOWED THAT SHOWED.
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APPROVE.SHOW THAT THERE WERE NO SHOWS.
[9. Consider Motion to Approve/Reject Applications/Test Scores for "Police Communications Officer I."]
NINE, CONSIDER A MOTION TO APPROVE, REJECT THE APPLICATIONS TEST SCORES FOR POLICE COMMUNICATIONS OFFICER ONE.THAT WHAT THAT IS, THAT'S WHAT THAT, YEAH.
I MOVE TO APPROVE THE, UH, TO CONSIDER THE, THE APPLICATION FOR COMMUNICATION OFFICER ONE.
AND THEY ALL MEET SPECIFICATIONS.
ALL IN FAVOR OF THE MOTION, SAY AYE.
POLICE COMMUNICATION OFFICER ONE.
[10. Consider a request from Chief Michael Kimble to call for examinations: Fire Investigator and Assistant Chief Fire Investigator]
I'M 10.CONSIDER A REQUEST FROM CHIEF MICHAEL TIMBLE.
CALL FOR EXAMINATIONS FOR FIRE INVESTIGATOR AND ASSISTANCE FIRE INVESTIGATOR.
I'LL MAKE A MOTION TO CALL FOR AN EXAMINATION FOR A FIRE INVESTIGATOR AND ASSISTANT CHIEF FIRE INVESTIGATOR.
OKAY, SECOND IT BY MR. RICKS MOVED BY MR. LEMONS.
[11. Review and Consider Accepting Petition for Appeal filed by Kyle Flint, formerly with BRFD.]
11, REVIEW AND CONSIDER EXCEPTIONS OF PETITION FOR APPEAL BY KYLE FLINT, FORMERLY WITH THE BATON ROUGE FIRE DEPARTMENT.MR. ATTORNEY, DO YOU HAVE ANY INFORMATION ON THAT? I, WE RECEIVED A, A PETITION FOR APPEAL REGARDING MR. FLINT.
IT SEEMS LIKE IT MEETS, UH, SPECIFICATIONS.
IT WAS THE DATE OF THE, UH, APPEAL LETTER IS APRIL 8TH AND I BELIEVE DETERMINATION WAS MARCH 29TH, 2024.
SO IT MEETS THAT, UM, THAT TIME SPECIFICATION.
SO IT'S JUST A MATTER OF SCHEDULING THE APPEAL AT THIS POINT.
I DON'T KNOW IF, UH, MR. UH, CHIEF KIMBALL HAS A PREFERENCE IN TERMS OF TIMING, BUT WE JUST NEED TO SCHEDULE IT.
CHIEF YOU HAVE A PREFERENCE? NO, SIR.
IN THAT CASE THEN, UM, WHAT IS OUR NEXT AVAILABLE DATE? IT'S ACTUALLY JULY, I THINK WE TENTATIVELY HELD JUNE IN THE CASE THAT, UM, MS. DUCKWORTH'S APPEAL PROCEEDS AND, UM, SO THE NEXT ONE WOULD BE JULY.
IS THAT UM, ACCEPTABLE TO THE, UH, NO, NO.
I WAS TALKING TO
IS THAT ACCEPTABLE TO YOUR ATTORNEYS FOR, FOR BOTH PARTIES TERMINATION AS QUICK AS POSSIBLE.
IT WOULD COST SOMEBODY TO BUMP BACK.
YEAH, BUT WE'RE TRYING TO GO AS QUICKLY AS POSSIBLE.
WOULD Y'ALL LIKE TO SCHEDULE IT TENTATIVELY FOR JULY, FOR JUNE? UH, IN LIGHT OF THE REQUEST, MR. CHAIRMAN, INITIALLY I WASN'T AVAILABLE FOR THE MAY MEETING, BUT, BUT THAT CHANGED AND I AM GONNA BE AVAILABLE FOR MAY.
SO I DON'T KNOW IF YOU WANNA LOOK AT THAT AGAIN.
I KNOW IT'S A HOLIDAY, BUT, UM, OR MAYBE THE, THE PRIOR WEEK TWO, UH, THE NORMAL MEETING.
WHAT, WHAT'S THE PLEASURE OF THE BOARD? DO WE WANNA, DO WE WANNA SCHEDULE A MEETING ON IN JUNE? WELL, HE'S TALKING ABOUT MAY RIGHT NOW.
MAY I SAID YOU, I MOVED TO, UH, UH, SCHEDULE A MEETING FOR MAY THE 20TH.
MAY 20TH NOW JUST FYI MS RULE WILL BE OUT OF TOWN.
I MEAN, WE CAN STILL PROCEED WITH THE MEETING, JUST MEANS WE MIGHT HAVE TO MAKE SOMEONE ON THE BOARD.
TEMPORARY SECRETARY, DO WE WANT DO THAT
IT'S, IT'S, IT'S PRETTY, IT'S PRETTY, UH, IMPORTANT.
I THINK THAT WE GET THE MINUTES OF THE MEETINGS, UH, IMPROPER ORDER.
[00:15:01]
SO NOT HAVING MS. BOOTH HERE.SO SHE, WELL, YEAH, I UNDERSTOOD.
YEAH, SHE CAN STILL DO THE MINUTES.
I, I AGREE WITH CHIEF KIMBLE ON THE TERMINATION.
YOU, YOU NEED TO HEAR THAT SOON.
ALRIGHT, SO MAY 20TH IS THE RECOMMENDATION.
WELL, CHIEF, LET'S CHANGE THAT TO MAY 13TH.
THAT WAY EVERYBODY WILL BE AVAILABLE, UH, IF, IF Y'ALL AVAILABLE.
CAN YOU CHECK WITH MS. DON RIGHT QUICK AND SEE IT SEEMS LIKE THAT MIGHT BE A ISSUE.
LET ME, LEMME CHECK WITH HER AND I'LL GET RIGHT BACK WITH YOU.
OUR REPRESENTATIVE FROM THE PARISH ATTORNEY.
I JUST SPOKE TO DAWN AND SHE SAID WHATEVER DATE IS GOOD FOR CHIEF CAMPBELL, SHE'LL BE AVAILABLE.
SO ARE WE STAYING WITH THE 20TH? ARE WE MOVING TO THE 15TH? I THINK THE, THE LAST MOTION WAS THE 20TH JUDGE.
ALRIGHT, SO THE MOTION IS THAT WE SCHEDULE KYLE FLINT TO APPEAL FOR MAY 13TH.
MOVE BY MR. THOMAS AND SECOND BY MS. LEMON.
AND IS THE SCHEDULE APPEAL HEARING FOR KYLE FLINT? AGENDA ITEM
[12. Consider Motion to Dismiss Appeal of James Naylor, filed by BRFD.]
NUMBER 12, ARE YOU SPEAKING ON THE KYLE FLINT MATTER? NO, SIR.CONSIDER A MOTION TO DISMISS APPEAL OF JAMES
UH, SO I THINK THE, UH, THE APPOINTED AUTHORITY BROUGHT THIS MOTION SO THEY WOULD PRESENT FIRST AND THEY ALSO FILED A MEMORANDUM THAT SHOULD BE IN YOUR BOARD PACKET.
SO DO WE GO TO THE AUDIENCE FIRST? YES.
I THINK THAT THEY'RE OVER THERE.
I'M THE PRESIDENT OF THE BATON ROU PROFESSIONAL FIREFIGHTERS ASSOCIATION.
I JUST REALIZED THAT YOU DID CALL FOR PUBLIC COMMENT AT THE BEGINNING OF THE MEETING.
I DIDN'T REALIZE THAT WAS FOR THE WHOLE AGENDA.
BUT I'M HERE ON BEHALF OF MR. NAER AND HE WOULD LIKE TO SPEAK ON HIS AGENDA ITEM IF YOU'LL ALLOW IT.
WHAT'S, THEY'RE ABOUT TO HAVE AN ARGUMENT ABOUT IT.
SO I MEAN, HE CAN CERTAINLY RESPOND OKAY.
I JUST WANTED TO MAKE SURE THAT WAS LOUD.
OKAY, SO THE FIRE DEPARTMENT PRESENT TO THERE.
GOOD MORNING, I'M ELENA BRANDS.
UH, ON BEHALF OF DON T I'M HERE TO READ, UH, THE MOTION REQUESTING SUMMARY DISMISSAL OF THE APPEAL FOR JAMES.
UH, CONSIDERATION FOR APPEAL FOR JAMES NAOR.
MOTION REQUESTING SUMMARY DISMISSAL MANEUVER.
THE CITY OF BATON ROUGE TO THE BATON ROUGE FIRE DEPARTMENT HEREBY MOVES THAT THE APPEAL OF JAMES NAOR SHALL BE SUMMARILY DISMISSED BASED ON THE FOLLOWING.
NUMBER ONE, NAOR ENTER INTO A WORK AGREEMENT ON OCTOBER 29TH, 2022 IN ORDER TO RESOLVE DISCIPLINE CONCERNING PENDING CRIMINAL CHARGES.
AND THERE WAS AN ATTACHMENT TO THAT.
UM, MOTION NUMBER TWO, THE AGREEMENT SECTION EIGHT STATES EMPLOYEE AGREES THAT ANY FUTURE DISCIPLINE WITH THE BATON ROUGE FIRE DEPARTMENT WILL RESULT IN IMMEDIATE TERMINATION AND THAT THE EMPLOYEE WAIVES ANY RIGHTS HE MAY HAVE TO APPEAL OR OTHERWISE CONTEST THAT ACTION.
NUMBER THREE, SUBSEQUENT TO THIS AGREEMENT, MAIL RECEIVED AND ACCEPTED A 15 DAY SUSPENSION BY ANOTHER WORK AGREEMENT IN AUGUST OF 2023.
NUMBER FOUR IN JANUARY OF 2024, MAILER WAS ARRESTED AND WAS, UM, ON ADMINISTRATIVE LEAVE WITHOUT, UH, UH, AWOL ABSENT WITHOUT LEAVE FOR SEVERAL DAYS.
DURING THE SUBSEQUENT INVESTIGATION, IT WAS DETERMINED THAT HE ENTERED INTO A WORK AGREEMENT IN 2022, AGREEING DETERMINATION IF THERE WAS SUBSEQUENT DISCIPLINE THAT HE HAD IN FACT COMMITTED ACTS, WHICH JUSTIFIED A 15 DAY SUSPENSION IN 2023 AND WAS GIVEN A SECOND CHANCE TO AVOID TERMINATION AND THAT HE HAD THEN BEEN ABSENT WITHOUT LEAVE IN 2024, JUSTIFYING TERMINATION ON ITS OWN MERITS.
THEREFORE, THE CHIEF ENFORCED THE TERMINATION CLAUSE OF THE 2022 AGREEMENT.
NOW, NAER APPEALS THIS DISMISSAL TO THE BOARD A RIGHT OF WHICH HE RELINQUISHED WHEN HE EXECUTED HIS WORK AGREEMENT IN 2022 IN ORDER TO AVOID HARSHER DISCIPLINE.
THE AGREEMENT SPECIFICALLY STATES HE AGREES FUTURE DISCIPLINE WILL BE TERMINATION AND HE AGREES NOT TO APPEAL.
HE ACKNOWLEDGES ESSENTIALLY THAT THIS WAS HIS LAST CHANCE.
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THIS BOARD SHOULD NOT NOW IGNORE SUCH AN ARGU AN AGREEMENT.IF SO, MAILER WOULD BE BENEFITING FROM THE 2022 AGREEMENT WITH NOTHING IN FOR IN RETURN IN ORDER TO EFFICIENTLY DISPOSE OF DISCIPLINE.
WORK AGREEMENTS ARE USED ON A REGULAR BASIS.
BOTH PARTIES GIVE UP RIGHTS TO REACH A COMPROMISE.
IT IS ESSENTIAL TO THIS CIVIL SERVICE SYSTEM, INCLUDING NOT OVERRUNNING THIS BOARD WITH DISCIPLINARY APPEALS FOR THE PARTIES TO BE ABLE TO ENTER INTO CONSENT AGREEMENTS, WHICH INCLUDE TERMS THAT ARE ACCEPTABLE AND ENFORCEABLE BY BOTH PARTIES.
THEREFORE, WE REQUEST THAT THE MOTION TO SUMMARILY DISMISS THIS APPEAL BY FIREFIGHTER NAER IN ACCORDANCE WITH THE TERMS OF THE 2022 AGREEMENT BE GRANTED MOVER REQUESTS THAT IF THE BOARD IS INTERESTED IN MORE DETAILED RESEARCH OR BRIEFINGS, THE PARTIES, UH, BE GIVEN SPECIFIC ISSUES AND ADDITIONAL TIME TO SUBMIT TO THE BOARD ON BEHALF OF BATON ROUGE, UH, FIRE DEPARTMENT DON GIA, ATTORNEY FOR THE EMPLOYER.
MR. KIMBLE, DO YOU HAVE CHIEF KIMBLE? I'M SORRY? DO YOU HAVE ANYTHING YOU'D LIKE TO ADD? NOT AT THIS TIME.
MR. I HAVE A QUESTION, QUESTION FROM THE BOY.
UM, IS THIS, HOW MANY WORK AGREEMENTS ARE CURRENTLY IN PLACE RIGHT NOW IN THE DEPARTMENT? IS THIS THE ONE AND ONLY OR NO, SIR.
WE HAVE NUMEROUS, I CAN'T GIVE YOU A HARD NUMBER ON THAT MR. RIGGS.
BUT WE HAVE, UH, WE, WE DO A LOT OF WORK AGREEMENTS, UH, INTERNAL, WHICH HELPS US NOT HAVE TO COME TO YOU EACH TIME FOR THIS ONE, WE CAN COME TO AN AGREEMENT, UH, ON BOTH SIDES.
I CAN BACK OFF WHAT I'VE WANTED TO DO TO KIND OF KEEP US, UM, OUT OF HERE AT ALL TIMES.
AND, AND MY SECOND QUESTION REAL QUICK IS, SO THE FIRST AGREEMENT WAS PUT IN PLACE IN 2022 AND, AND IT STATED THAT THE NEXT DISCIPLINARY PROBLEM YOU HAD, YOU WERE ABLE TO TERMINATE, RIGHT? THAT IS CORRECT.
AND THEN IN 2023, UH, THERE WAS A, AN ADDITIONAL WORK AGREEMENT PUT IN PLACE FOR, I MEAN, WHAT, WHAT WAS THAT FOR? IN 2022? UH, WE ENTERED TO THIS AGREEMENT THAT WE'RE TALKING ABOUT TODAY.
RIGHT? IN 2023, HE RECEIVED A 15 DAY SUSPENSION FOR SOME, UH, ACTIONS THAT HE TOOK WHILE ON THE, BUT COULD HE HAVE BEEN TERMINATED THEN? YES, SIR.
I DID NOT FEEL THAT THOSE, UH, INFRACTIONS WAS A TERMINATION OFFENSE, SO I WAS NOT GONNA HOLD HIM TO THAT, TO THE T.
SO, SO HE'S HAD MULTIPLE OPPORTUNITIES? YES, SIR.
YOU OKAY? CAN YOU SPEAK NOW, MR. NAOR? OKAY.
AND GENTLEMEN, MY NAME IS JAMES NAYLOR, FORMER BATON ROUGE FIREFIGHTER EMPLOYEE.
UM, FOR THE RECORD, I JUST WANNA SAY THAT I'M HERE ALONE.
I DON'T HAVE AN ATTORNEY BECAUSE MY ATTORNEY WORKS FOR THE ATTORNEY'S PARISH OFFICE AND HE CANNOT REPRESENT ME ON THIS MATTER.
IT WOULD BE A CONFLICT OF INTEREST WITH THEY ARE.
WHAT I WOULD LIKE TO SAY IS WITH THE 15 DAY SUSPENSION THAT HAPPENED, UM, WITH THE WORK AGREEMENT, CAPTAIN WALKER HILL PASSED AWAY IN A LINE OF DUTY.
AND IT WAS ONE OF MY FIRST, I WAS PRESENT ON THE HONOR GUARD AND I REPORTED TO THE CHURCH I WAS DOING FIRE DEPARTMENT DUTIES, AND THEY MARKED ME AS AWOL ON THAT INCIDENT, EVEN THOUGH I WAS REPRESENTING THE FIRE DEPARTMENT DUTIES FOR PASSING OF A PUBLIC FIREFIGHTER CAPTAIN.
THIS LAST INCIDENT WITH THE AWOL INCIDENT, I WAS INCARCERATED.
MY MOTHER CALLED THE FIRE DEPARTMENT EACH DAY THAT I WAS SUPPOSED TO GO TO WORK.
AND THE FIRE DEPARTMENT ADMINISTRATION TOLD HER THAT SHE DID NOT NEED TO CALL AGAIN, THAT THEY WERE AWARE OF WHERE I WAS AT AND TO LET THEM KNOW WHEN I WAS OUT OF JAIL.
THAT'S THE EXTENT OF YOUR STATEMENT, SIR.
THAT'S THE EXTENT OF YOUR STATEMENT.
ANY, ANY, UH, COMMENTS ON BOARD, QUESTIONS ON BOARD MEMBERS? SO WHAT YOU'RE SAYING IS THE FIRE, THE FIRE DEPARTMENT IS NOTIFIED THAT YOU WAS INCARCERATED AT THE TIME AND THAT YOU WOULDN'T BE ATTENDING WORK? YES, SIR.
AND TO MY KNOWLEDGE, ALL I KNOW ABOUT THE FIRE DEPARTMENT WITH THE BATON ROUGE FIRE DEPARTMENT, THERE IS NO AGREEMENT.
THE ONLY THING THAT THEY HAVE IN THE BATON ROUGE FIRE DEPARTMENT IS A DRUG AND ALCOHOL CONTRACT.
I NEVER BROKE ANY OF THOSE ROOFS.
I WAS UNDER THE IMPRESSION THAT THE AGREEMENT THAT I SIGNED WAS THE ONLY THING THAT I WAS, MY, WAS THE ONLY THING THAT I CAN, THAT I COULD DO AT THE TIME.
CHIEF KIMBALL, UH, YOU, YOU HEARD A STATEMENT FROM MR. MAILER? WHAT'S THE FIRE DEPARTMENT'S RESPONSE AND
[00:25:02]
WELL, THE, THE ANSWER THAT HE SPOKE OF, THE ISSUE HE GOT THE TIME OFF FOR, UH, 'CAUSE HE WAS ATTENDING A FUNERAL FOR, UH, CAPTAIN HILL.THERE WAS OTHER ITEMS AS WELL THAT WENT INTO THAT.
THAT WAS NOT THE REASON HE WAS DISCIPLINED.
THERE WAS OTHER ITEMS THAT WAS ADDRESSED IN THAT LETTER.
AND THE ABSENCE DUE IS IN COURT INCARCERATION? YES, SIR.
WE DID RECEIVE, UH, INFORMATION WITHIN 24 HOURS.
UM, AND HE WAS INCARCERATED FOR MANY DAYS AND WAS NOT AT WORK TO HAVE TO SHOW UP TO WORK.
ANY OTHER, UH, QUESTIONS FOR CHIEF OR FOR MR. NEEK? UH, JUST FOR THE BOARD.
SO REMEMBER THE ISSUE BEFORE THE BOARD TODAY IS GONNA BE, UH, THE MOTION TO DISMISS BECAUSE OF THE AGREEMENT, UH, THAT WAS SIGNED.
I THINK YOU ALL HAVE, UH, Y'ALL HAVE THE, THE AGREEMENT IN FRONT OF YOU.
UM, MR. NAER, YOU SAID SOMETHING ABOUT AN ATTORNEY ISSUE THAT KIND OF CONCERNED ME THOUGH.
I HAVE AN ATTORNEY THAT'S REPRESENTING ME ON THE CRIMINAL CHARGES THAT I'M OKAY ON THE CRIMINAL THAT I'M ALLEGED OF RIGHT NOW.
BUT THE ACCUSER HAS DROPPED THOSE CHARGES.
UM, ALSO WHEN CHIEF CAMPBELL WAS STATING ABOUT THE 15 DAY SUSPENSION, IT WAS, NOT ONLY WAS IT THEY CONSIDERED THAT IT WAS BEING AWOL, THAT I WAS REPRESENTING CAPTAIN WALKER HILL, BUT THEY MADE ME TAKE COP TIME AND THEN TURNED AROUND AND WROTE ME UP FOR BEING NOT PRESENT AT WORK, EVEN THOUGH I WAS AT THE CHURCH.
AND WHAT COMP TIME IS IS BASICALLY TIME THAT YOU OCCURRED TO YOU GET IT APPROVED BY YOUR CAPTAIN ALSO, THE CAT SYSTEM WENT DOWN.
THE EMERGENCY 9 1 1 SYSTEM WENT DOWN.
IT WAS MY FIRST TIME ON A SPECIAL ASSIGNMENT IN THE DISPATCH CENTER.
I'VE NEVER WORKED WITH THE CAT SYSTEM BEFORE WHEN THEY GO DOWN.
AND THAT IS WHERE I, I BELIEVE HE IS STATING THAT THERE WAS OTHER DISCIPLINE ACTIONS, BUT NOTHING REALLY WENT FORWARD WITH THAT.
BUT AFTER THEY SAID I WAS AWOL, WELL AFTER THAT THEY SAID THAT I DIDN'T SHOW UP.
THEY TOLD ME USE COMP TIME, WHICH IS TIME THAT YOU HAVE APPROVED, THAT YOU GET APPROVED DURING THE PAY PERIOD.
AND THEN THE SUPERVISOR TURNED AROUND AND WROTE ME UP FOR BEING ABSENT WITHOUT LEAVE.
AND THE TIME THAT I WAS ARRESTED THIS TIME, THE FIRST SHIFT, I WAS ON VACATION.
THE SECOND SHIFT THAT I WAS COMING BACK, MY MOTHER HAD ALREADY CALLED THEM AND THEY TOLD HER THAT SHE DID NOT HAVE TO CALL BACK ANYMORE.
THAT THEY WERE AWARE OF THE SITUATION.
WHEN YOU, WHEN YOU WERE INCARCERATED, DID YOU HAVE TO USE LIKE VACATION TIME OR ANYTHING FOR THAT? NO, SIR.
I WAS ON, SO WHEN I WAS INCARCERATED, I WAS ON VACATION.
AND WITH THE POLICY, YOU HAVE TO NOTIFY THE DEPARTMENT WITHIN 24 HOURS THAT I'M AWARE OF.
MY MOTHER CALLED, EVEN THOUGH I WAS ON VACATION, MY MOTHER CALLED AND I TOLD HER THE NEXT SHIFT, IF I'M NOT OUT HERE BY THEN, CONTINUE TO CALL AT 5:00 AM YOU WERE SUPPOSED TO CALL AT 5:00 AM ON THE FIRST DAY.
ON THE, ON THE LAST DAY THAT SHE CONTINUED TO CALL ONE OF THE CHIEFS STATED TO MY MOTHER THAT SHE DID NOT HAVE TO CALL BACK BECAUSE THEY WERE AWARE OF THE SITUATION.
I, I'M LISTENING THAT YOU KNOW YOUR COMMENT AND I'M WONDERING IF THINGS OCCURRED AS YOU STATE THEY DID.
WHY DID YOU SIGN THE AGREEMENTS? I WAS UNDER THE IMPRESSION THAT'S ALL I COULD DO.
YOU ALREADY HAD THE OPTION TO APPEAL TO THIS BOARD, SIR.
YOU ALREADY HAD THE OPTION TO APPEAL TO THIS BOARD.
I CANNOT PREDICT WHAT SOMEBODY WAS GOING SAY OR DO.
IF I KNEW THIS WAS GONNA HAPPEN, I WOULD'VE NEVER SIGNED THAT.
AND THAT'S THE ISSUE BEFORE THIS BOARD TODAY.
BUT THE ONLY THING THAT I'M AWARE OF WITH THE BATON ROUGE FIRE DEPARTMENT, THERE IS NO, THE ONLY CONTRACT THAT THERE IS WITH THE BATON ROUGE FIRE DEPARTMENT IS A DRUG AND ALCOHOL CONTRACT.
IF I KNEW, I CANNOT PREDICT WHAT SOMEBODY ELSE IS GONNA ACCUSE ME OF OR ALLEGE ME OF DOING.
I HAVE TO STILL FOLLOW THROUGH WITH THE, THE JUDI, THE JUDICIAL SYSTEM TALKING ABOUT.
WHAT WAS YOUR UNDERSTANDING OF, WHAT WAS YOUR UNDERSTANDING OF THE AGREEMENT YOU SIGNED? THAT I WAS UNDER THE IMPRESSION THAT THAT'S ALL I HAD LEFT TO DO.
UM, SPECIFICALLY I'M TALKING ABOUT PARAGRAPH EIGHT WHERE IT SAYS IF YOU GET IN ANY TROUBLE OR SOMETHING TO THAT EFFECT.
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INCIDENTS THAT, DO YOU HAVE IT IN FRONT OF YOU? THE EMPLOYMENT EMPLOYEE AGREEMENT? YES, SIR.AND JUST TELL ME WHAT YOUR UNDERSTANDING OF THAT WAS.
EMPLOYEE AGREES THAT ANY FUTURE DISCIPLINE WITH THE BATON ROUGE FIRE DEPARTMENT WILL RESULT IN IMMEDIATE TERMINATION AND THE EMPLOYEE WAIVES ANY RIGHTS HE MAY HAVE TO APPEAL OTHERWISE CONTEST THAT ACTION.
THIS DID NOT HAVE ANYTHING TO DO WITH THE BATON ROUGE FIRE DEPARTMENT.
IT DID NOT HAVE ANYTHING TO DO WITH ANYTHING IN THE CITY OF BATON ROUGE OR ON THE BATON ROUGE FIRE DEPARTMENT TIME.
I WAS UNDER THE IMPRESSION IF ANYTHING HAPPENED WITH THE FIRE DEPARTMENT ON THE FIRE DEPARTMENT TIME THAT I WOULD BE DISCIPLINED.
NOTHING EVER HAPPENED ON THE FIRE DEPARTMENT TIME.
BUT YOU STILL REPRESENT THE FIRE DEPARTMENT 24 HOURS A DAY.
YOU REPRESENT THE FIRE DEPARTMENT.
MY ONLY QUESTION IS CHIEF KIM, UH, IS HE, IS HE TRULY AWOL? IS IS SOMEONE CALLS IN FOR, I MEAN, IF A PERSON IS IN THE HOSPITAL AND THEIR WIFE CALL IN, THEY SHOULD BE EXCUSED FROM DUTY.
IF A PERSON IS INCARCERATED, IT LOOK LIKE THEY SHOULD BE EXCUSED FROM DUTY ALSO FOR THAT.
SO IF SOMEBODY'S IN THE HOSPITAL, SIR, THEY UM, THEY HAVE A DOCTOR SLIP AND THEY UNDER ON SICK LEAVE.
IN THIS SITUATION HERE, IF A MAN'S NOT, OR LADY IS NOT COMING TO WORK BECAUSE HE'S INCARCERATED, WE STILL HAVE A DUTY TO HAVE A FIREFIGHTER ON, ON ON THE FIRETRUCK.
WHAT TIME DOES HE USE IN THAT SITUATION, UH, APPEAR? HE COULD USE VACATION COMP TIME, UH, NO PAY AT AT THAT POINT? CORRECT.
COULD HE USE ANY OF THE OPTIONS? I'M SURE WE COULD HAVE DISCUSSED THAT, BUT WE DIDN'T.
AND FOR, UH, CLARIFICATION, UH, BACK TO WHAT Y'ALL WAS TALKING ABOUT.
UH, DID HE UNDERSTAND WHAT WAS IN SECTION EIGHT? UH, IN THAT MEETING ALSO? UH, HE HAD UNION REPRESENTATION WITH HIM AND UNDERSTOOD THAT THAT'S WHAT WAS GOING TO MOVE FORWARD WITH.
SO TO SAY THAT THEY DID NOT KNOW THAT WAS THE STIPULATIONS IS NOT ACCURATE.
WHEN YOU SAY UNION REPRESENTATION, DO YOU MEAN LIKE A UNION SPONSORED ATTORNEY OR JUST A UNION REP? A UNION REP.
WHO, WHO WAS THAT UNION REP? I SEE IT CHIEF COREY SHARP.
HE I THOUGHT THAT WAS THE FBI BACK THERE, MAN.
SO COREY, COREY, DURING, DURING THE MEETING, UM, I MEAN, DID YOU, WERE THERE, DID, DID UH, MR. NAOR UNDERSTAND WHAT HE WAS SIGNING AND AND DID YOU RECOMMEND FOR HIM TO SIGN THIS OR, SO THE RECOMMENDATION, I DIDN'T ACTUALLY GIVE HIM A RECOMMENDATION TO SIGN OR NOT TO SIGN.
BUT DID WE HAVE CONVERSATIONS ON WHAT HE WAS AGREEING TO? YES.
SO HE KNEW FULLY, HE WAS FULLY AWARE OF WHAT HE WAS SIGNING? YES, SIR.
I'M IN CORRESPONDENCE WITH DON GI RIGHT NOW AND SHE WANTED ME TO RELAY TO THE BOARD THAT THE CITY PARISH DOES NOT APPROVE LEAVE FOR IND UH, EMPLOYEES IF THEY ARE INCARCERATED.
YOU SAID THEY DO NOT HONOR THE BOARD.
WE, WE HAVE THE OPTION, UH, IF ARGUMENTS IS OVER TO HAVE AN EXECUTIVE SESSION TO DISCUSS THIS MATTER FURTHER.
I MOVE TO GO TO EXECUTIVE SESSION.
SHALL WE GO INTO EXECUTIVE SESSION? I SECOND.
MR. CHAIRMAN, YOU HAVE A COURT.
THIS WAS A UNANIMOUS DECISION.
WE WILL RETIRE FOR THE EXECUTIVE SESSION.
UM, THERE WILL BE NO VOTES TAKEN.
WE WILL RECONVENE ONCE THAT EXECUTIVE SESSION AS ENDED
[00:35:11]
MOTION TO RECONVENE IS IN ORDER.YOU NEED A MOTION TO COME OUT, UH, EXECUTIVE SESSION? YEAH.
I MOVE TO COME OUT EXECUTIVE SESSION.
I'LL SECOND THAT BY MR. RICKS SECOND BY MR. HANSON.
MR. BRANDON RICKS PRESENT SIR JOHN THOMAS.
WE ARE RECONVENING AFTER EXECUTIVE SESSION.
I MEAN NO MOTIONS MADE, NO VOTES TAKEN WHILE IN EXECUTIVE SESSION.
I THINK THE BOARD MEMBERS HAVE SOME ADDITIONAL QUESTIONS FOR THE FIRE DEPARTMENT BOARD MEMBERS.
UM, SECTION EIGHT OF THE EMPLOYMENT AGREEMENT, UM, IS SOMEWHAT CONCERNING IN THAT YOU'RE ASKING AN EMPLOYEE TO WAIVE RIGHTS THAT ARE GRANTED BY STATE LAW.
AND I'M NOT SURE IF THERE'S CASE LAW THAT CAN BACK THAT UP.
CAN THE PARISH ATTORNEY PROVIDE CASE LAW FOR THAT? OR IS THERE CASE LAW THAT ALLOWS THE EMPLOYEE TO DO AWAY WITH HIS DUE PROCESS? I WILL CONTACT DON GIT MOMENTARILY, HOWEVER, UH, AS THE EMPLOYMENT ATTORNEY FOR THE CITY OF BATON ROUGE, NOT INCLUDING FIRE AND POLICE WORK AGREEMENTS HAVE CONSISTENTLY BEEN DONE WHERE THEY EMPLOYEE, UH, WILL WAIVE THOSE RIGHTS OF APPEAL.
I CAN'T PROVIDE CASE LAW RIGHT NOW, BUT IF THE BOARD WISHES OR DESIRES TO, I CAN PROVIDE SOMETHING AT A LATER TIME.
BUT THE WORK AGREEMENTS HAVE BEEN CONSISTENTLY UPHELD WHEREBY WE HAVE SOMEONE THAT MAY, UH, HAVE A POSITIVE FOR DRUGS OR ALCOHOL FOR INSTANCE.
OR WE MAY HAVE SOMEONE THAT HAS RECEIVED, UH, NUMBERS OF DISCIPLINES OR ABSENCES.
AND SO IN DOING THOSE WITH MAYBE THE DEPARTMENT OF PUBLIC WORKS OR ANY OTHER DEPARTMENT, WE HAVE INCLUDED THAT CLAUSE IN THERE AND THEY HAVE NOT BEEN GRANTED APPEAL.
AND I THINK YOU MAY HAVE TOUCHED ON THE QUESTION I WAS GONNA ASK.
WHEN YOU SAY THE WORK AGREEMENTS HAVE BEEN UPHELD, NOT NECESSARILY YOU DO IT AGAIN, WE'RE GONNA TERMINATE YOU, BUT WHAT ABOUT THE, YOU WAIVE YOUR APPEAL RIGHTS.
HAS THAT BEEN CONSISTENTLY UPHELD? UPHELD? UH, WE'VE ACTUALLY HAD NO ONE APPEAL THE WORK AGREEMENTS BEFORE.
WE HAVE HAD SOMEONE, UH, I THINK IT WAS IN THE 19TH JDCA FEW YEARS BACK, BUT IT WAS A TERMINATION BASED ON A SECONDARY OFFENSE.
UM, AND THAT'S ACTUALLY STILL PENDING FOR THE FIRST CIRCUIT ON A NON UNRELATED MATTER.
WHAT'S THE OPINION OF THE VOID MR. RICKS? I MOVE TO HAVE, I MOVE TO HAVE THE PARISH ATTORNEY, UH, LOOK UP CASE LAW AND WE'LL GIVE THEM TILL NEXT MONDAY TO FIND THAT CASE LAW.
I HAVE A MOTION BY MR. RICK, HAVE THE PARISH ATTORNEY CASE LAW TO DO WHAT CASE LAW ON WHAT ISSUE? I GUESS.
ON THE ISSUE OF UH, CAN, CAN EMPLOYEE WAIVE THEIR RIGHT.
AND, AND WE'RE REQUESTING THAT INFORMATION BACK TO US BY MONDAY.
CAN I TAKE A BRIEF BREAK AND CONTACT QUI? IS THAT, IS THAT OKAY WITH THE BOARD? DOES SHE TAKE A BRIEF SURE.
YOU NEED A MOTION TO RECESS FOR FIVE MINUTES? LET'S RECESS FOR FIVE MINUTES.
WE'LL DO IT BY GENERAL AGREEMENT.
I HAVE SPOKEN TO DON GUI AND AT HAND SHE HAS NOT THAT THIS CASE IS IN FRONT OF HER.
SHE HAS, UM, REQUESTED THAT THEY BE GIVEN THE PARISH ATTORNEY'S OFFICE BE GIVEN UNTIL MONDAY.
AND ALSO THAT THE, UM, EMPLOYEE BE GIVEN A CHANCE WITHIN WHICH TO RESPOND AFTER THE SUBMISSION ON MONDAY.
SO IT'S SEVEN DAYS FOR THE EMPLOYEE TO RESPOND IN WRITING.
WE GIVEN THE CITY, UH, A WEEK, WE GET THE EMPLOYEE A WEEK.
SO THE MOTION THEN IS THAT THE FIRE DEPARTMENT WILL PROVIDE THIS BOARD WITH ADDITIONAL INFORMATION AS RELATES TO, UM, THE EMPLOYEE SIGNING WITH HIS
[00:40:01]
RIGHT FOR AN APPEAL BY MONDAY.FOLLOWING THAT, THE EMPLOYEE WILL HAVE A WEEK TO RESPOND TO THAT AND THEN WE'LL COME BACK TO THIS BOARD.
IS THAT YOUR MOTION? I'LL SECOND THAT MOTION.
DO I HAVE A SECOND? I'LL SECOND MR. HANSON.
ANY VOTE? ALL THOSE IN FAVOR OF THE MOTION, LET IT BE KNOW I SAY AYE.
WE HAVE ONE NAY VOTE THE MOTION CARRIED.
WHO VOTED NAY? MR. THOMAS, IF I COULD, CAN I HAVE A MINUTE PLEASE? YES, SIR.
SPEAK ON BEHALF OF THE FIRE DEPARTMENT.
I'M SURE THE CITY POLICE HAS THE SAME ISSUES AND CONCERNS.
IF WE CAN HAVE THESE AGREEMENTS BETWEEN OUR ADMINISTRATIONS AND THE UNIONS AND THE EMPLOYEES TO COME TO A COMMON AGREEMENT.
AND IF YOU'RE SAYING SO, GIVE UP YOUR RIGHTS, WHICH I UNDERSTAND, BUT THEY UNDERSTAND THAT GOING INTO THIS PROCESS, THIS IS JUST GOING TO OPEN UP A DOOR FOR MULTIPLE AND MULTIPLE HEARINGS OVER AND OVER AGAIN THAT WE WAS ABLE TO HANDLE IN-HOUSE.
AND NOW WE'RE GONNA HAVE TO BRING THAT OUT EVERY SINGLE TIME.
WE, WE, WE RECOGNIZE THAT CHIEF AND, BUT WE NEED TO BE ON SOLID GROUND WHEN WE MAKE A DECISION AS A BOARD.
AND THAT'S WHAT WE'RE TRYING TO DO.
WE WANNA BE SURE WHAT WE'RE DOING.
I, I UNDERSTAND MR. PRESS, I JUST WANNA MAKE SURE THAT Y'ALL UNDERSTAND FROM OUR SIDE WHAT THESE AGREEMENTS DO, HOW THEY HELP THE EMPLOYEE AND THE ADMINISTRATION.
WE HAVE TO BE IN AND SEE FOR THE LAW.
MR. PRESS, THE ONLY THING PROBLEMATIC THAT I SAW IS THAT YOU'RE ASKING THEM TO SIGN AWAY THEIR RIGHT TO APPEAL.
OTHERWISE I DON'T THINK THERE'S AN ISSUE.
YEAH, THAT'S THE ONLY THING WE REQUESTED.
AND HONOR BOARD MEMBERS, AS LONG AS I HAVE YOUR UNDIVIDED ATTENTION, I HAVE.
SO, PEN IN REGARDS TO THE MAY 13TH DATE, UM, SHE, I WAS MY UNDERSTANDING THAT SHE WAS AVAILABLE FOR THE NEXT DATE WITH CHIEF KIMBALL, WHICH SHE IS, HOWEVER, IF SHE BELIEVED IT WAS GOING TO BE ON A REGULARLY SCHEDULED, WHICH WAS THE MAY 20TH.
SO, UM, I WANTED TO MAKE NOTE OF THAT AS FAR AS THE DATES ARE CONCERNED.
AND IN ADDITION, SHE UH, INDICATED THAT THE OPPOSING COUNSEL'S ATTORNEY, APPARENTLY THE PERSON'S REPRESENTATIVE, THAT THEY WOULD ALSO NEED TO AGREE TO THE DATE.
SO IS SHE AVAILABLE OR NOT AVAILABLE ON THE 13TH? IT DOES NOT APPEAR THAT SHE WOULD BE AVAILABLE ON A NON-SCHEDULED REGULAR BOARD MEETING DATE, WHICH WOULD BE MAY 13TH.
SHE WOULD BE AVAILABLE ON MAY 20TH.
OH, WHATEVER THE SCHEDULED DATE IS.
I'M TALKING THIRD THURSDAY, MAY 27TH.
BUT THAT'S BEEN, YEAH, THERE IS NO SCHEDULED DATE IN MAY.
THEY CANCELED THE SCHEDULING ON THE 27TH, I BELIEVE IT WAS CORRECT.
SO THE QUESTION IS, IS SHE AVAILABLE ON MAY 20TH? WHY DON'T WE CALL HER
HI DON, I HAVE YOU ON SPEAKER PHONE AND WE'RE TRYING TO FIGURE OUT THE DATE THAT YOU WOULD BE AVAILABLE FOR THE HEARING.
I, I'M OKAY ON THE 13TH AND I HAVE, AFTER WE TALK, I CALLED UM, FLINT'S ATTORNEY AND HE IS AVAILABLE ON THAT DATE.
SO BOTH ATTORNEYS ARE AVAILABLE.
ALRIGHT, SO WE STICK WITH THE 13TH? YES.
[13. Consider Motion to Dismiss Crystal Duckworth's March 14, 2024, appeal filed by BRPD. (Jurisdiction/Right of Action challenge)]
13.CONSIDER A MOTION TO DISMISS CRYSTAL DUCKWORTH MARCH 14TH, 2024 APPEAL FILED BY THE BATON ROUGE POLICE DEPARTMENT.
UH, MOST OF YOU'LL RECALL, UM, THAT WE HAD A PENDING APPEAL OF MS. DUCKWORTH OF CASE ZERO 13 DASH 23 THAT WAS COMING UP HEARING AND AT THE TIME WE ALSO HAD FOUR OTHER PENDING DISCIPLINARY MATTERS FOR HER.
UM, IN THE MIDST OF THOSE CASES BEFORE WE HAD THE PREVIOUS HEARINGS ON THE OTHER FOUR CASES IN CONSULTATION WITH OPPOSING COUNSEL AND MS. DUCKWORTH, WE CAME TO A CONSENT AGREEMENT TO RESOLVE HER CASES.
UM, I I BELIEVE YOU ALL WERE PROVIDED WITH A COPY OF OUR MEMORANDUM AND HAD ATTACHED TO IT THE CONSENT AGREEMENT
[00:45:01]
THAT SHE AGREED TO PART OF HER CONSENT AGREEMENT OF REQUIRED HER TO RESIGN FROM THE DEPARTMENT, WHICH SHE AGREED TO, AND SHE DID RESIGN.UM, A COPY OF HER RESIGNATION LETTER IS ATTACHED TO THE MEMORANDUM AS WELL.
AND THAT WAS, UM, PROVIDED TO US WHEN SHE SIGNED THE CONSENT AGREEMENT.
SHE SIGNED THE CONSENT AGREEMENT ON MARCH 12.
I BELIEVE IT MIGHT HAVE BEEN PROVIDED TO US THE NEXT DAY.
UH, FOLLOWING THAT SHE FOLLOWED AN APPEAL TO THIS BOARD REGARDING SOME CONDUCT THAT HAPPENED RELATED TO THE WEEKEND OF MARCH TWO AND THREE.
UM, WITHOUT GETTING INTO A WHOLE LOT OF DETAIL, THE BASIC STORY THERE IS SHE HAD BEEN ON RESTRICTED DUTY FOR QUITE SOME TIME, I THINK SINCE LAST FALL, RELATED TO ALL OF THESE DISCIPLINE CASES THAT SHE HAD PENDING.
UH, WHILE UNRESTRICTED DUTY, SHE SHOWED UP TO WORK AND CROC SWEATPANTS AND WITHOUT HER SERVICE WEAPON.
UM, WHICH UNDER HER ADMINISTRATIVE, UH, RESTRICTED DUTY LETTER, SHE WAS SUPPOSED TO CARRY A WEAPON CONCEALED, BUT SHE DID NOT HAVE HER WEAPON.
AND IN FACT, SHE HAD TURNED IT INTO THE RANGE.
UM, THE WEEK BEFORE WHEN THEY FOUND OUT HER SUPERIOR FOUND OUT THAT SHE DID NOT HAVE HER WEAPON ON HER, SHE WAS ADVISED THAT SHE NEEDED TO GO HOME AND RETRIEVE HER WEAPON.
UM, SHE COULD NOT RETRIEVE HER WEAPON BECAUSE SHE HAD TURNED IT INTO THE RANGE ACCORDING TO HER.
AND SO THERE WAS A COUPLE OF DAYS WHEN SHE WAS NOT AT WORK.
I THINK SHE WAS CARRIED AS SOME KIND OF NO PAY.
AND THE DISPUTE REALLY IS JUST ABOUT THIS FEW DAYS WHEN SHE WAS CARRIED NO PAY, WHETHER OR NOT SHE SHOULD RECEIVE PAY RELATED TO THOSE DAYS.
UM, HOWEVER, BECAUSE SHE VOLUNTARILY RESIGNED FROM THE DEPARTMENT PURSUANT TO A CONSENT AGREEMENT TO RESOLVE ALL OF HER CASES, SHE HAS WAIVED ANY APPEAL RIGHTS THAT SHE HAS.
UM, WE CITED TO YOU A NUMBER OF CASES DEALING WITH THIS VERY ISSUE WHERE ONCE SOMEBODY VOLUNTARILY RESIGNS FROM THE DEPARTMENT, THEY WAIVE THEIR LOUD MAIL RIGHTS.
SO THERE IS NO LONGER THAT RIGHT TO APPEAL TO THIS DEPARTMENT 'CAUSE YOU ARE NO LONGER A MEMBER OF THE DEPARTMENT.
UM, THE CONSTITUTION OF THIS STATE TALKS ABOUT WHEN IT GIVES POWERS TO BOARDS SUCH AS THIS ONE.
IT SAYS YOU HAVE POWERS RELATED TO OTHER PERSONNEL MATTERS AND TRANSACTIONS.
CASE LAW SAYS THAT THAT'S LIMITED IN SCOPE TO CURRENT EMPLOYEES OR THOSE EMPLOYEES DISCHARGED OR INVOLUNTARILY TERMINATED.
UM, THIS BOARD DOES NOT HAVE JURISDICTION OVER THOSE WHO HAVE VOLUNTARILY RESIGNED BECAUSE THE JURISDICTION ONLY EXTENDS TO PERSONNEL MATTERS AND TRANSACTIONS, UH, WE CITED TO THE MOORE CASE FROM THE FOURTH CIRCUIT.
AND, AND THAT CASE IS, IS SIMILAR.
THIS WAS A SITUATION WHERE AN OFFICER VOLUNTARILY RESIGNED AND LATER FOUND, UH, FOUND OUT WHEN HE TRIED TO GET IN ANOTHER LAW ENFORCEMENT POSITION THAT HIS FILE INDICATED THAT HE HAD RESIGNED UNDER INVESTIGATION.
OKAY? AND SO HE FILED AN APPEAL RELATED TO THAT AND HE WANTED TO HAVE THAT STRICKEN FROM HIS PERSONNEL FILE, IF YOU WILL.
AND THE COURT DETERMINED THAT BECAUSE HE VOLUNTARILY RESIGNED, HE WAIVED THOSE LOUDER MILL RIGHTS.
UH, WE ALSO, UH, CITED TO THE JEROME CASE, JEROME VERSUS DEPARTMENT OF POLICE, WHICH IS BASICALLY THE SAME SCENARIO.
DIFFERENT DEPARTMENT, SAME, SAME THING HAPPENED THERE, EMPLOYEE VOLUNTARILY RESIGNS.
IT'S NOTED AS RESIGNED UNDER INVESTIGATION.
AND THEY APPEAL THAT ISSUE AND IT'S THROWN OUT BECAUSE THEY WAIVED THEIR LOUDER MILL RIGHTS.
SO FOR US, THE ISSUE, IT'S A SHORT BRIEF.
IT'S VERY SIMPLE, VERY STRAIGHTFORWARD.
ONCE YOU VOLUNTARILY RESIGN FROM THE DEPARTMENT, YOU WAIVE YOUR LOUDER AMOUNT RIGHTS.
SO YOU DON'T GET TO BRING UP THINGS THAT HAPPENED, UM, WHILE YOU WERE EMPLOYED.
AND I, I READ THE OPPOSITION BRIEF AND AFTER I READ THE OPPOSITION BRIEF WHERE THEY TRIED TO TALK ABOUT WHAT SOME OF THOSE CASES THAT WE CITED ACTUALLY SAID, I WENT AND READ EVERY SINGLE ONE OF 'EM AGAIN YESTERDAY.
UM, AND FRANKLY WHAT THEY SAY ABOUT THE MEANING OF THOSE CASES IS, IS IT PLAIN JUST FLAT? INCORRECT.
UH, THE MOORE AND THE JEROME CASE WERE NOT ABOUT APPEALING THEIR RESIGNATION.
THEY HAD VOLUNTARILY RESIGNED.
ALL THEY WERE APPEALING WAS THAT DESIGNATION IN THEIR FILE, NOT ABOUT THEIR RESIGNATION BECAUSE THEY WERE TRYING TO DO OTHER THINGS AT THAT POINT.
THEY WEREN'T TRYING TO GET THEIR JOB DONE.
AND IN THIS CASE, UH, MS. DUCKWORTH HAS VOLUNTARILY RESIGNED.
SHE'S NOT TRYING TO GET HER JOB BACK.
UM, ALL SHE IS TRYING TO DO IS DEAL WITH THESE COUPLE OF DAYS OF PAY, WHICH SHE CANNOT, SHE CANNOT APPEAL.
SHE HAS VOLUNTARILY RESIGNED AND LOST THOSE LOUDER MILL RIGHTS.
ANY QUESTIONS FOR MR. RAINS? EXCUSE ME.
SO ANY CONSENT AGREEMENT, MAYBE YOU COULD CLARIFY FOR ME, UM, WHICH WAS SIGNED MARCH 12TH, 2024.
[00:50:03]
RIGHT.UM, HER RESIGNATION LETTER IS DATED FEBRUARY 28TH, BUT IT SHOWS EFFECTIVE MARCH 15TH.
SO IF YOU WANNA CLARIFY THAT FOR ME, I DON'T KNOW WHEN SHE SIGNED IT.
UM, BECAUSE I WAS PROVIDED THAT LETTER FROM HER COUNSEL, UH, WE HAD BEEN NEGOTIATING FOR QUITE SOME TRI TIME TRYING TO GET THE DEAL DONE.
SO IT'S POSSIBLE THAT MAYBE SHE SIGNED IT FRIDAY.
I GUESS WHAT I'M SAYING IS SHE DIDN'T RETIRE ON FEBRUARY 28TH.
AND IN THIS CONSENT AGREEMENT, HER, HER, IT, IT, IT SHOWS THAT HER RETIREMENT WAS EFFECTIVE MARCH 15TH.
SO THAT MAKES HER, UH, A EMPLOYEE EMPLOYEE, CORRECT? OR WELL, SHE'S NOT AN EMPLOYEE TODAY.
SHE WASN'T EMPLOYED UNTIL MARCH 15TH.
I I I THINK THAT'S THE LAST DAY OR THE 14TH OR 15TH IS THE LAST DAY SHE WORKED.
I DON'T KNOW WHICH DAY SHE WORKED WAS THE LAST, I GUESS WHAT I'M TRYING TO SAY YOU IS THAT YOU WERE SAYING THAT, THAT WE SHOULDN'T HEAR THIS CASE 'CAUSE SHE WASN'T A CLASSIFIED EMPLOYEE.
BUT ACCORDING TO THIS CONSENT, SHE WAS, SHE HAS, SHE IS NOW A VOLUNTARILY RESIGNED EMPLOYEE.
THAT SHE WAS EFFECTIVE MARCH 15TH.
AND THAT DOESN'T MATTER BECAUSE SHE IS, THIS IS ABOUT A LOT OF MILL RIGHTS ARE ABOUT PROTECTING YOUR CONTINUED EMPLOYMENT WITH THE DEPARTMENT.
THERE IS NO CONCERN ABOUT HER CONTINUED EMPLOYMENT WITH THE DEPARTMENT BECAUSE SHE VOLUNTARILY RESIGNED.
SO THE FACT THAT SHE DATED IT AND WORKED THROUGH THE 15TH MM-HMM.
UM, ONCE, ONCE SHE TURNED IN THAT RESIGNATION LETTER AND IT'S EFFECTIVE, THEN SHE NO LONGER HAS LOUDER AMOUNT RIGHTS.
SO SHE IS NOW A VOLUNTARILY RESIGNED EMPLOYEE.
AND THAT WAS, THAT WAS MY QUESTION.
SO ONCE SHE TURNED THAT LETTER IN THAT INTO THAT, BUT IT, IT DOESN'T MATTER WHAT HER RETIREMENT DATE WAS ONCE SHE TURNED THAT LETTER IN, THAT WELL, WELL HERE'S WHAT I'M SAYING IS WELL YES, SHE WAIVES IT, BUT IF SHE'S, IF SHE, LET'S SAY HER LAST DAY WAS THE 15TH MM-HMM.
AND SHE TURNED IN HER APPEAL ON THE 14TH MM-HMM.
ONCE HER, ONCE HER EMPLOYMENT IS DONE, WHATEVER DAY YOU CONSIDER IT, WHETHER YOU CONSIDER IT THE 14TH OR THE 15TH.
SHE NO LONGER IS AN EMPLOYEE OF THE DEPARTMENT AND SHE NO LONGER HAS LOUDER MILL RIGHTS.
SO BEFORE YOU, AS WE SIT HERE TODAY, SHE IS NOT AN EMPLOYEE.
SHE DOESN'T, SHE NO LONGER HAS THOSE RIGHTS.
THE CONSTITUTION SAYS YOU DO NOT.
AND IN FACT THIS IS AN EXCEPTION OF SOCIAL MATTER JURISDICTION.
I SHOULD HAVE SAID THAT EARLIER.
SO YOU DO NOT HAVE SUBJECT MATTER JURISDICTION OR SOMEBODY WHO IS NO LONGER AN EMPLOYEE OF THE DEPARTMENT.
THANK YOU FOR CLARIFYING THAT.
ANY FURTHER, ANY FURTHER QUESTIONS, MR. WAYNE? THANK YOU, SIR.
THANK YOU, MR. THANK YOU, MR. CHAIRMAN.
UM, THERE'S A COMMON THEME IN ALL THE CASES CITED BY THE APPOINTING AUTHORITY.
AND THOSE ARE EMPLOYEES WHO RESIGNED AND WERE ATTEMPTING TO APPEAL HOW SOMETHING CONNECTED TO THAT RESIGNATION, HOW IT WAS IT WAS DESIGNATED AND THE NOBD CASES, IT HAD TO DO WITH AN RUI OR RESIGNED UNDER INVESTIGATION.
AND WHAT IF YOU READ THEM AS A WHOLE, WHAT THEY'RE SAYING IS THE ONLY THING TIED TO A RESIGNATION YOU CAN APPEAL TO THE CIVIL SERVICE BOARD IS WHETHER THE RESIGNATION WAS VOLUNTARY.
ISSUE HAS NOTHING TO DO WITH HER RESIGNATION.
IT HAS TO DO WITH BEING SENT HOME FROM HER REGULARLY SCHEDULED WORK DAYS FOR 26 HOURS AGAINST HER WILL.
SHE CONTINUES TO HAVE DUE PROCESS RIGHTS OR, OR DUE PROCESS RIGHTS TO THOSE BENEFITS AND SALARY TIED TO HER EMPLOYMENT.
IT'S JUST NOT YOUR CONTINUED EMPLOYMENT WITH THE DEPARTMENT.
OTHERWISE YOU COULDN'T APPEAL A SUSPENSION.
SO THE, THE CASE MOST ON POINT AND ALSO POINT OUT THAT EVERY CASE CITED BY THE APPOINTING AUTHORITY HAS NO CONTROLLING AUTHORITY OVER THIS BOARD.
NONE OF 'EM ARE THE FIRST CIRCUIT.
NONE OF 'EM ENTERED BY THE SUPREME COURT, THIS STATE.
BUT ONE THAT IS, AND THE INTERESTING ONE IS HAWKINS, WHICH WE CITED IN OUR OPPOSITION, AND YOU GOTTA LOOK AT IT FROM THE REVERSE SIDE
[00:55:01]
HERE.HOW IT HAPPENED IS, IS BEYOND ME.
BUT YOU HAD A CIVIL SERVICE EMPLOYEE.
APPARENTLY IT WAS TIED TO SOME KIND OF TIMEFRAME WHERE SHE WORKED AN EXTRA DAY BEYOND THE TIMEFRAME OF HER EMPLOYMENT AND SHE WANTED TO BE PAID FOR THAT DAY.
SHE SUES IN THE DISTRICT COURT, THE STATE AGENCY, SHE, UH, SHE WORKED FOR, SAID, OH NO, THIS IS A CIVIL SERVICE MATTER.
IT MUST BE HEARD BY A CIVIL SERVICE BOARD.
THE DISTRICT COURT HAS NO JURISDICTION.
THE FIRST CIRCUIT SAYS, OH NO, IT DOES.
AND THIS IS WHY THE CAUSE OF ACTION FOR HER EXTRA DAY OF WORK WAS AFTER HER TERM OF EMPLOYMENT AS A CIVIL SERVICE EMPLOYEE HAD EXPIRED.
THAT'S NOT THE CASE HERE AS YOUR Q AND A WITH, UH, THE COUNSEL FOR APPOINTING AUTHORITY STATED OR, OR REVEALED THIS WAS AN ISSUE ARISING FOR PAY DENIED HER BETWEEN MARCH 2ND AND MARCH 4TH.
SHE DID NOT RESIGN UNTIL EFFECTIVE MARCH 15TH.
LOOK AT THE CONSTITUTION ARTICLES ARTICLE 10, SECTION A.
SHE HAS THE RIGHT TO APPEAL TO THE APPROPRIATE COMMISSION.
SHE HAS A RIGHT TO DEMAND IN WRITING A HEARING AND INVESTIGATION BY THE BOARD.
THIS CAUSE OF ACTION FOR THESE WAGES AROSE DURING HER TERM OF EMPLOYMENT AS A CLASSIFIED EMPLOYEE OF THE BATON ROUGE POLICE DEPARTMENT.
THIS BOARD IS THE ONLY FORUM THIS CAN BE HEARD.
AND THAT ARGUMENT ON TOP OF, I THINK WHAT I SAY A LITTLE BIT MORE CLEARLY IN MY OPPOSITION TO THE MOTION TO DISMISS, UH, WE REST ON THAT.
THANK ANY QUESTIONS FOR MR. I BOARD MEMBERS? QUESTION.
SHE SUBMITTED HER RESIGNATION WHEN AN EFFECTIVE, WHEN ACCORDING TO THE DATE, I, I, MR. RAIN WAS ABSOLUTELY RIGHT.
WE WERE BACK AND FORTH BETWEEN WORDINGS AGREEMENT WHEN IT WAS SUBMITTED.
I DON'T KNOW IT WAS EFFECTIVE THE 15TH.
THIS WAS APPEALED ON THE 14TH.
AND, AND, AND THAT'S PLAYED, I MEAN, DON'T TAKE MY WORD FOR IT.
TAKE TAKE THE WORD OF THE EXHIBITS ATTACHED TO THE APPOINTING AUTHORITIES.
ANY ANY FURTHER QUESTIONS? ANY COMMENTS? MR. JUST ONE QUESTION, MR. IVY, UM, UH, I GUESS MARCH 2ND THROUGH THE FOURTH, WAS THAT COVERED AT, AT ALL IN THE, UH, ACTUAL CONSENT, UH, DISCIPLINE? NO, SIR.
THOSE, THE CONSENT DISCIPLINE SPECIFIED, IT'S GONNA SOUND STUPID SPECIFIED SPECIFICALLY, UH, CERTAIN IA NUMBERS AND A, UH, ONE OF WHICH WAS PENDING BEFORE THIS BOARD.
UH, THREE, MAYBE FOUR, I CAN'T REMEMBER HOW MANY WERE THERE, WERE, UH, HAD YET TO GO TO A PRE-DISCIPLINARY HEARING.
SO NOTHING HAD BEEN EVEN SENT TO THIS BOARD.
THIS MATTER HERE HAD NO IA NUMBER AT ALL.
THERE WAS NO IA INVESTIGATION.
YEAH, I THINK THAT'S THE ISSUE FOR ANOTHER DAY.
I, I'M ANSWERING YOUR QUESTION, SIR.
SO UNDER THE RELIEF SOUGHT, SHE'S ASKING A COMPLETE REVERSAL OF APPOINTING AUTHORITIES TAKEN AGAINST ME, UH, NAMING, TAKING THE SALARY AND BENEFITS FROM OFFICER DUCKWORTH.
HER PAY NEEDS TO BE REINSTATED.
SO BASICALLY FOR HER, IN EFFECT, THIS WAS IN EFFECT A SUSPENSION SHE WAS SENT HOME FROM.
AND AGAIN, WE'RE KIND OF MAYBE GETTING INTO THE MARRIAGE.
SHE WAS SENT HOME FOR 26 OF HER REGULARLY ASSIGNED WORK HOURS.
AND SO, AND THERE AGAIN, THAT'S, THAT'S NOT THE MATTER HERE.
BUT SHE WAS SENT HOME 'CAUSE SHE WASN'T FIT FOR DUTY.
UH, AGAIN, WE'RE GETTING INTO THE ISSUE OF THE MERITS.
SHE WAS GIVEN NOTHING IN WRITING.
THAT THAT'S, THAT WOULD BE A SUBJECT OF ANOTHER MOTION THAT OKAY.
UH, BRIEF REBUTTAL BY MR. RAIN.
I THINK WE AGREE BASED ON WHAT MR. IVY JUST SAID.
THAT, UH, IF, IF WE'RE JU IF WE WERE DEALING WITH AN INVOLUNTARY TERMINATION, THAT IS SOMETHING OVER WHICH YOU HAVE JURISDICTION.
[01:00:01]
THE, THE CASES WHERE THEY WERE TALKING ABOUT SOMEONE WHO INVOL, WHO VOLUNTARILY RESIGNED, BUT THEN WERE THEY WANTED TO UNDO SOMETHING THAT WAS IN THEIR PERSONNEL FILE, THAT WAS SOMETHING THAT THE COURT SAID, YOU'VE LOST YOUR LOUDER MILL RIGHTS.IT'S NOT, THAT'S, IT'S NOT TIED TO WHETHER OR NOT THEY ARE TERMINATED OR VOLUNTARILY RESIGNED.
THEY'RE NOT TRYING TO GET THEIR JOB BACK.
THEY'RE JUST APPEALING THE DECISION OF THE DEPARTMENT TO PUT SOMETHING IN THEIR FILE.
THAT'S WHAT THEY WERE ATTACKING IN THEIR APPEAL.
AND THE COURT SAID YOU RESIGNED.
AND ONCE YOU RESIGNED, YOU NO LONGER HAVE LOUDER MILL RIGHTS.
AND SO THAT'S WHERE WE FALL BACK HERE IS ONCE YOU VOLUNTARILY RESIGNED AND, AND MS. DUCKWORTH VOLUNTARILY RESIGNED.
SHE DID NOT, UH, SHE WAS NOT FORCED OUT.
AND THEY'RE NOT, THEY'RE NOT EVEN ALLEGING THAT SHE WAS, UM, SHE WAS ACTUALLY TERMINATED IN, IN SOME WAY WHEN HE SAID THAT THAT WOULD MAKE, THAT WOULD MAKE YOU LOSE YOUR LOUDER MILL RIGHTS FOR A SUSPENSION.
WELL, THAT'S COMPLETELY UNTRUE.
YOU'RE NOT TERMINATED IN THAT SITUATION.
UM, WHEN WE'RE DEALING WITH SUSPENSIONS, WE'RE DEALING WITH PEOPLE WHO ARE STILL EMPLOYED BY THE DEPARTMENT, NOT SOMEBODY WHO HAS VOLUNTARILY RESIGNED FROM THE DEPARTMENT.
COMPLETELY DIFFERENT SCENARIO.
UH, THEY DON'T CITE ANY CASE THAT SUPPORTS THEIR POSITION.
THE HAWKINS CASE JUST DEALS WITH WHETHER OR NOT A DISTRICT COURT, NOT THIS COURT, BUT WHETHER THE DISTRICT COURT HAS JURISDICTION OVER A WAGE CLAIM WHEN SOMEBODY DIDN'T CLAIMS THAT THEY DIDN'T GET PAID FOR SOMETHING.
THAT'S, THAT'S A DISTRICT COURT JURISDICTION ISSUE.
AND THE COURT FOUND THAT THEY HAD JURISDICTION OVER NO SURPRISE.
BUT THAT IS, DOESN'T DEAL WITH WHETHER OR NOT YOU AS A BOARD HAVE JURISDICTION OVER SOMETHING AFTER SOMEBODY VOLUNTARILY RESIGNED.
THE CASES ARE IN OPPOSITE AND IT'S REALLY IN APPLICABLE TO THIS CASE.
UM, YOU ASKED ABOUT WHY SHE WAS SENT HOME BECAUSE SHE DID NOT HAVE HER GUN AND IT WAS REQUIRED.
I, AGAIN, WE'RE NOT REALLY GETTING INTO THE MERITS, BUT THAT'S, UH, SHE NEEDED TO GET HER GUN, TOLD YOU TO GET HER GUN AND SHE'D COME BACK TO WORK AND SHE DIDN'T, SHE DIDN'T GO GET IT.
UM, AGAIN, THE CASE, CASE LAW HERE IS VERY CLEAR.
UH, THIS BOARD IN THE PAST HAS DEALT WITH THIS EXACT ISSUE AND RULED IN THE DEPARTMENT'S FAVOR.
UM, AND WE WOULD ASK THAT YOU MAINTAIN OUR EXCEPTION.
UH, ANY ADVICE FOR THE BOARD? I'LL SAY I THINK THIS IS DISTINGUISHABLE FROM THE, THE DOSIER MATTER FOR SURE.
I THINK THAT THAT WAS A SITUATION WHERE YOU HAD A FORMER EMPLOYEE WHO AT SOME POINT AFTER HE WAS GONE, REALIZED THAT THERE WAS SOMETHING IN HIS PERSONNEL FILE THAT WAS PUT IN THERE AFTER HE WAS GONE.
BUT I THINK THAT'S A SEPARATE MATTER.
UM, I'M NOT SURE THAT I, I AGREE THAT YOU CAN'T, ONCE YOU RESIGN, IF YOU HAVE A PENDING APPEAL ON ANOTHER MATTER, THAT THAT WOULD BE GONE.
THAT, THAT SEEMS TO BE A STRETCH FOR ME.
UH, I, I DON'T, I DON'T KNOW THAT THE CASES THAT WE'VE, WE'VE LOOKED AT ALL OF THEM DEAL WITH THAT ISSUE.
I DON'T KNOW IF ANY OF THE LAWYERS COULD SPEAK TO THAT.
THE ISSUE OF NOT, NOT TO MR. AVI'S POINT, NOT APPEALING THE RESIGNATION IN AND OF ITSELF OR WHATEVER ACTION MADE YOU A FORMER EMPLOYEE, BUT A SEPARATE PENDING DISCIPLINARY ACTION.
LIKE CAN YOU, DOES THAT AUTOMATICALLY GO AWAY? I DON'T KNOW THAT ANY OF THESE CASES ADDRESS THAT ISSUE.
I DON'T KNOW BO OF Y'ALL KIND OF UNDERSTAND WHERE I'M GOING WITH THIS OR, SO I HAVE A QUESTION.
WAS THERE A DISCIPLINARY ACTION GIVEN FOR THE THREE DAYS OF UNPAID LEAVE? I THINK THAT'S MR. AVI'S ULTIMATE POINT, UM, THAT HE'S GONNA GET TO IN EITHER THE NEXT MOTION OR AT THE, THE APPEAL.
I THINK THAT'S HIS ULTIMATE POINT.
WELL, OF COURSE, UH, IF THIS BOARD DISMISSES THE APPEAL, THEN WE'LL NEVER GET TO THAT POINT.
MAYBE EVENTUALLY
DO WE NEED TO DISCUSS THIS FURTHER IN THE EXECUTIVE SESSION? I WOULD MOVE THAT WE GO TO EXECUTIVE SESSION.
I HAVE A MOTION FROM MR. HANSON AND SECOND IT BY IT MR. THOMAS THAT WE TAKE THIS MATTER UP IN EXECUTIVE SESSION.
ALL THOSE IN FAVOR OF THE MOTION TO SAY AYE.
WELL ACTUALLY I NEED A ROLL CALL.
WE WILL, UH, BE BACK AFTER WE'VE HAD THIS DISCUSSION.
[01:05:09]
WE ARE RETURNING FROM EXECUTIVE SESSION.THERE WERE NO MOTIONS MADE, NO VOTES TAKEN.
AND WE NOW HAVE A ROLL CALL TO RETURN TO REGULAR SESSION.
UM, WE HAVE, UM, IS THERE ANYTHING ELSE THAT THE ATTORNEYS HAVE THAT WE NEED TO BRING BEFORE THE BOARD? NO.
MS. IVY HERE, YOU WANT TO PUT ON THE RECORD? CAN I TALK ABOUT MY MOTION? OH, WE'LL DO THAT AFTER THIS ONE.
WHAT'S, WHAT'S THE, UM, POSITION OF THE VOID? I, I DON'T KNOW IF WE MAKE 'EM.
I DON'T KNOW IF, I DON'T KNOW IF WE MAKE A MOTION ON THIS, BUT, UH, I WOULD MAKE A MOTION TO YES, SIR.
A MOTION IS AN ORDER TO DENY THE, UH, TO DENY THE, UH, DISMISSAL.
I HAVE A MOTION THEN BY MR. JOHANSSON THAT WE, UH, DENY THE DISMISSAL OF THE APPEAL.
ALL THOSE IN FAVOR OF THE MOTION SAY AYE.
[14. Consider Motion for Summary Disposition related to Crystal Duckworth's March 14, 2024, filed by Duckworth. (POBOR challenge)]
14.CONSIDER MOTION FOR SUMMARY DISPOSITION RELATED TO CRYSTAL DUCKWORTH MARCH 14TH, 2024 FILED BY DUCKWORTH.
UM, MS. IVY, UH, UH, AS I SPOKE WITH THE BOARD'S ATTORNEY, UH, BEFORE THE MEETING BEGAN, UH, OPPOSITION RAISES, UH, ARGUABLY ISSUES OF FACT.
UH, AND I THINK THEREFORE THE MOTION FOR SUMMARY DISPOSITION WOULD BE IMPROPER, UH, WOULD WITHDRAW IT AT THIS TIME.
UM, MY ONLY OTHER QUESTION WAS, I THINK, AND EARLIER EMAILS TALKED ABOUT A MAY HEARING DATE.
UH, WHAT WOULD BE THE, IF WE'RE NOT GOING TO USE THAT, WHAT IS THE BOARD'S? JUNE DATE? JUNE, OR WAS IT ONE SECOND.
YEAH, I BELIEVE THAT THAT DATE'S GOOD.
HE SAID HE THINKS IT'LL WORK OUT.
DO WE WANT TO SET ANY DEADLINES OR ARE YOU GONNA REGE THE MOTION FOR SUMMARY DISPOSITION? I MAY, I, I I NEED TO TALK TO SOME FOLKS.
SO WE'RE GONNA DO THE NORMAL 15 DAYS BEFOREHAND FOR LIKE EXHIBITS AND STUFF.
I COULD GO, IT'S NOT GONNA TAKE THAT LONG.
I COULD GO FURTHER BACK IN TIME TO GIVE EVERYBODY ELSE A CHANCE TO RESPOND AND NOBODY'S GETTING SOMETHING THE NIGHT BEFORE, SO, SO IT, OKAY.
SO WE'LL DO 15 DAYS BEFORE THE, UH, THE JUNE 24TH DATE FOR THEM TO TURN IN ALL THEIR EXHIBITS.
SO THE BOAL HAVE, AND DO Y'ALL, ARE Y'ALL CONSENTING TO ALLOWING THE BOARD TO SEE THE EXHIBITS BEFORE THE HEARING? I WITH THAT.
JUST 'CAUSE THEY'RE NOT ENTERED INTO EVIDENCE.
UM, WE'LL GET ALL THAT STUFF TO YOU GUYS.
SO WE ASKING THE BOARD TO, UH, A MOTION TO SCHEDULE, UM, CRYSTAL DUCKWORTH'S APPEAL ON JUNE 24TH WITH A 15 DAY PRIOR, UH, DATE FOR EXHIBIT YEAH.
THE, THE NORMAL STUFF AND WITNESS LIST.
AND I HAVE A MOTION TO THAT EFFECT.
MAY I HAVE A MOTION TO THAT EFFECT? PLEASE GO AHEAD.
MR. RICH, UH, SCHEDULED AN APPEAL FOR CRYSTAL DOUG WORK.
[01:10:02]
OKAY.ALL THOSE IN FAVOR OF THE MOTIONS SAY AYE.
UNLESS SAYS SOME OTHER ISSUE THAT COME BEFORE THE BOARD? YES SIR.
UH, MOVE TO PROVE THAT PERSONAL ACTION PLAN.
UH, PERSONAL PERSONNEL ACTION ON, UH, MR. UH, JERMAINE.
J I'VE SEEN A LETTER ATTACHED TO HIS, HE WAS UNDER INVESTIGATION, IF YOU CALL AREA.
WE, WE DENIED THAT, UH, PERSONNEL ACTION FORM AND MR. THOMAS IS NOW RECOMMENDED THAT WE GO AHEAD AND APPROVE IT.
I THINK PROPERLY Y'ALL NEED TO MAKE A MOTION.
MAKE A MOTION TO AMEND THE AGENDA TO CONSIDER THAT MOTION.
THAT HAS TO BE UNANIMOUS AND THEN HE NEEDS TO REMAKE THAT MOTION.
SO CAN I HAVE A MOTION TO AMEND THE AGENDA TO ADD THAT ONE ITEM I MOVE TO AMEND THE AGENDA TO ADD THAT ITEM.
OPPOSES A THE MOTION CARRIES AND NOT MR. THOMAS YOUR MOTION.
I MOVE TO APPROVE THE PERSONNEL ACTION ON, UH, JERMAINE JB GERMAINE JAMES.
WITH THAT THEN A MOTION TO ADJOURNS AN ORDER.