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Civil Service Commission Minutes - 06/28/1982n 016, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MEETING OF THE FIREMAN'S AND POLICEMAN'S CIVIL SERVICE COMMISSION A meeting of the Fireman's and Policeman's Civil Service Commission was held on June 28, 1982, at 1:00 n.m. in Room 500, Municipal Auditorium, Wichita Falls, Wichita County, Texas. IN RE: Lawrence Butler A P P E A R A PJ C E S: Mr. Glynn Purtle, Chairman Mr. Moises Garcia Mrs. Shirley Woods Mrs. Janet Hardegree 2 1 2 3 4 5 6 7 8 9 10 1 12 13 14 15 16 17 18 19 20 21 22 1 23 1 24 25 MR. CHAIRMAN: The record will show that all members of the Fireman's and Policeman's Civil Service Commission are present. Mr. Butler, are you represented by counsel? MR. BUTLER: No, I am not. MR. CHAIRMAN: And the City of Wichita Falls is present and represented by .Mr. Morrison. MR. MORRISON: Yes, sir. MR. CHAIRMAN: And Chief Jameson is present. MR. JAMESON: Yes, sir. MR. CHAIRMAN: Are you ready to proceed? MR. MORRISON: Yes, sir. MR. CHAIRMAN: Do you have an opening statement or anything you want to make? MR. MORRISON: No, sir, I'll just sum it up at the end. MR. CHAIRMAN: Do you have witnesses to produce at this time? MR. MORRISON: Yes, sir. MR. CHAIRMAN: Okay. Go aheac 3 2 3 4 M 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 1 24 25 MR. MORRISON: First, I'd like to call Mr. Butler as the other party in this suit so we can start with him. LAWRENCE EUGENE BUTLER, having first been duly cautioned and sworn to testify the truth, the whole truth and nothing but the truth, testified on his oath as follows: DIRECT EXAMINATION BY MR. MORRISON: Q. Please state your name. A. Lawrence Eugene Butler. Q. And your residence? 1813 Grant. Q, Okay. And you are a -- were a firefighter classified as a firefighter for the City of Wichita Falls Fire Department; is that correct? A. Yes. Q. And that employment was terminated on the 7th of June of this year? A. Yes. Q. And you're here because you appealed that suspension? A. Yes. Q. Are you the same Lawrence Butler that was suspended in January, 1982, by Chief Johnson? 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Yes . Q. And you were suspended at that time for absence without authority? A. Right. Q. And you were suspended for three shifts? A. (Witness nods head up and down.) Q. When did you -- MR. CHAIRMAN: Excuse me. What was the date again that he was suspended? MR. MORRISON: In January of this year. A. January the loth. Q. Through January the 19th as I recall -- yes, until January the 19th. (At which time City's Exhibit: 1 and 2 were marked for identification and hereby made a part of this proceedinc Q. Could you look at what has been marked C-1 and C-2 and tell me if you remember having received those two documents at separate times? One of them is a letter of January 7, 1982, and C-2 is a letter of June 7, 1982. A. Yes. 0. Do you remember both of these letters? A. Yes. 5 2 3 4 M 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. MORRISON: I would intro- duce these as letters of suspension showing the suspensions and times of suspension. MR. CHAIRMAN: Admitted. Q. Mr. Butler, when were you appointed and began the academy, about the 17th of September, 1979? A. Yes. Q. You were employed just shortly before that, a few days before that when you were interviewed and did tests -- A. My date of -- first day of the academy was my first day of employment. Q. Were you advised either in your interview procedure or during the academy training of the rules and regulations of the City of Wichita Falls Fire Department? A. Yes, I was given a booklet the first day of the academy of the rules and regulations. Q. Were you also advised personally and with others that attendance and being on time was a matter that the Fire Department was extremely concerned about? A. (Witness nods head up and down.) Q. Do you know about how many times that you were not present for duty at 8:00 in the morning when you G 2 3 4 5 6 7 8 9 10 11 12 13 14 II'I 15 16 17 18 19 20 21 22 23 24 25 were supposed to be there? A. I'm not sure, but I think it's four. Q. Okay. Four times? A. I think so. Q. Were you present and on duty at 8:00 a.m. on the morning for which you were suspended this time? A. No, I wasn't. Q. June the 6th, I believe it was, 1982, that you were not on duty at that time? A. Yeah. Q. And you, as I read this, you called the station, which was number one? A. One. Q. At about a quarter of ten that morning? A. Well, first I called station one and the Chief wasn't there and I got to station six and I think it was about 9:45. Q. Do you remember when you called? A. That was when I was calling in. Q. Are you telling me that you called them at 9:30 and it took ten or fifteen minutes to get back together? A. I called the station one first and he wasn't there and I talked to one of the guys on duty that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 morning and found out where he was at. Q. You talked to Lieutenant Blocker? A. No, I didn't, I talked to McBur.ly. He answered the phone and he told me that the Chief was at station six and when I finally got in touch with him, that's when I talked to him. Q. You were also, I believe -- going back -- you were also, of course, suspended in January of this year for being late and you were suspended for six working days or three shifts; is that right? A. Yes, but it -- Q. You were late then? A. It wasn't for being late. See, I had -- there was a man that was supposed to work for me on that shift and we got crossed up and didn't work for me that day. Q. It says absent without authority. A. That's right. See, we had, I think, three different changes of officers. There was an appointed officer for that shift -- no, the third shift before that and I never had got a chance to ask anybody. He was supposed to work for me. I didn't get authority for him to work for me and when I didn't show up that morning -- he works on the shift before me, shift three, and I didn't say I took off and when I got to I. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 work at 11:00 and because I had him work half a shift -- Q. He was supposed to work for you to noon? A. Yes. Q. And he didn't? A. Right. Q. But, you didn't appeal that hearing at the time back in January and bring all that out so You could try then to show why you might have had a good reason to be late. You accepted that and went on without appealing and now you're appealing this one. You were also suspended -- you were also suspended in June of 1981; is that correct? A. I'm not sure. (At which time City's Exhibit No. 3 was marked for identi- fication and hereby made a Dart of this proceeding.) Q. I hand you what's been marked C-3, a letter concerning a disciplinary suspension, June 22, 1981, an< ask you if you recall that incident? A. Yes, sir. Q, You do? A. (Witness nods head up and down.) Q, So, this, you would say you were suspended in June of 1981, for four working days or two shifts? A. Right. 01 1 2 3 4 5 time? 6 7 8 9 10 13 14 15 16 20 21 22 23 24 25 MR. MORRISON: I offer this into evidence. MR. CHAIRMAN: Admitted. Q. Okay. So that's twice and this is the third A. Right. Q. Was the fourth time that you were eluding to the 28th of May of 1982, when you had -- when you went, I believe, it was Lawton. You called in and said you had to go to Lawton? A. No, I had got permission from the Chief that day. I called in. Q. When did you call? A. At 7:30 and I asked him -- I -- my mother's house had caught on fire and I needed to help her get her stuff together. He said well, do you have somebody working for you. I said no and I asked him would it be all right if I take the shift off. He said okay. He didn't know how he was going to write it up. Q. That's not the time you're talking about. Was it perhaps the loth of -- let's see, what day would that be. If I can find it here. Was it perhaps the 19th of September, 1979? A. Yes . Q. Okay. And on that you were late for the 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 second day of your training; correct? A. Right. Q. And you were counselled -- formally counselled by your supervisor who was Battalion Chief Howard in the presence of Captain Davis. Captain Bud Davis was present at the time? A. At the time he counselled me, it was me and Chief Howard in the room and Captain Davis came in later on while he was talking to me. Q. He was present during part of it, at least? A. Yes. Q. And this explanation, basically, says that you were told to always be at work on time and you should leave early in case something happens, you can make it to work. A. During the time I didn't have a car. I was running from the Eastside getting to work each morning and my pace was slow that morning. Q. But you were late the second day you came to work? A. Right. Q. From this, I take it, you're not including the fact that you were late for your interview -- to interview for the fire department and you're not counting the fact that you were late in appearing for 11 1 2 3 4 5 6 7 8 9 10 14 15 16 17 18 19 20 21 22 23 24 25 your physical agility test, the day before you came on duty? A. Like I said, I didn't have a car and I was running from the bus station out onto the old Burk Road and I didn't make it on time. Q. Okay. Could you have mentioned that you were having car trouble and discussing the fact that you were trying to get your car fixed and couldn't get it fixed that morning and had to reschedule for later on in the afternoon? A. I caught the bus down here. I had a car, but I was fixing on it and I caught the bus down here and by the time I found out where the physical agility test was -- where I was suppose to go. Q. No, I'm talking about the interview right now. A. Interview? Q. You were suppose to interview for the job at 9:00 in the morning, originally, and you were living in Lawton at that time? A. Right. MR. CHAIRMAN: I don't think you should go into that, prior to him being employed. Q. Are there any other times that you can remembe 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that you were late, say more than four or five minutes late which could be the difference in clocks or watches -- more than four or five minutes late any other time? A. Well, I just remember four -- those were the four times I remember. 0. And those four times were the second day of your training and then in June of 1981 when you were suspended for two shifts and January of 1982 when you were suspended for three shifts and then again in June of 1982 when you were indefinitely suspended? A. Right. Q. No other times that you can remember that you were late more than a couple of minutes? A. N o . 0. Were you counselled these times that you were late and told that you needed to be on time? A. Yes. MR. MORRISON: I don't have any further questions, Mr. Chairman. MR. CHAIRMAN: Mr. Butler, you understand that since you don't have an attorney, you are free to tell me, yourself, as to anything you wish to tell the Commission about this matter just as if you were your own witness being called or you can wait until 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mr. Morrison is through presenting his case and then you can testify if that's your desire. MR. BUTLER: I'll wait. MR. MORRISON: Okay. Come back and take your seat for a minute. Next I'd call Fire Equipment Operator Shelton. BILL SHELTON, having first been duly cautioned and sworn to testify the truth, the whole truth and nothing but the truth, testified on his oath as follows: DIRECT EXAMINATION BY MR. MORRISON: Q. Would you state your name, occupation and station? A. Bill Shelton, Fire Equipment Operator, station number five on Fillmore Street. Q. Have you been assigned to the number five fire station for more than three years? A. Yes, sir, approximately four years. Q, And as such, were you on the same shift as Firefighter Butler? A. Yes, sir. Q. And in your opinion, was Firefighter Butler a competent firefighter when it came to fighting fires? A. Yes, sir. When we were at the fires, he did 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 his duties and was good at what he did. Q. You don't hold a grudge against him, do you? A. No, sir. Q. Are you aware of the procedure to follow if you are sick or unexpectedly to be absent during -- just before a shift? A. If, you know, during the night you become ill or the next day, you call the district Chief on duty between 7:00 and 7:30. If you can't get ahold of him, call the station Captain or Lieutenant or what- ever at that station and then if for some unknown reason your car won't start, you try to get ahold of them as quick as you can or if you are on the way to work and you have an emergency or a flat, still they want you to let them know as quickly as you can because people are waiting to be released in the position you're going to be filling. Q. Mr. Shelton, you previously related to me a couple of things that I'm going to ask you about, one of which is -- to your recollection how many times was Firefighter Butler absent at or about 8:00 in the morning? A. Okay. I worked with Lawrence from, I believe, December of 1980 until January of 1982 and in this time, he was absent between four and five times that 15 1 � 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I can remember. Q. okay. I need to try to pin you down a little bit as to dates so we can see if they are the same dates that Mr. Butler has talked about. When was the first time that you recollect he was late? A. I can't really pinpoint the dates, but I was noticing, listening to the testimony when he was suspended in June -- between the time he came there until his suspension in June, I know of two times that he was late because I was sent to his house. He lived on Avenue I and I was sent by the station Captain to get him at his house and this was between 8:00 and 8 : 3 0 . Q. Between 8:00 and 8:30 in the morning when he was late. When you arrived at his house, was he in uniform and headed for the station? A. N o . Q. Was he in uniform? A. N o . Q. Did he make a comment of any sort to you when you arrived at his house? A. He just overslept or his -- one time he said his clock didn't go off, the reason he overslept. Q. This was between the time he arrived at your station and the time he was first suspended? 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Right. Q. This was probably -- you know it was twice? A. Right. Yes, sir. Q. There may have been another time, but you're here testifying it was twice? A. I know of twice. Q. And then, were you aware before the day of his suspension in June of 1981? A. Yes, sir, I was at the station with him when he was suspended on that. Q. Was there a time that you can recollect between June of 1981 and January of 1982 that he was absent? A. Yes, sir, one time. I'm not for sure if he got a suspension. He called and said he was coming back from Lawton and a radiator hose burst on him and it was between 9:00 and 10:00 in the morning when that happened. Q. Might that have been the December 6 of 1981 for which he was suspended in January or do you think it was another time or just not know? A. I would say -- I don't really know. I'm not for sure on that, but I remember him being late for that reason. Q. Do you remember him being suspended twice when 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 he was at your station? A. Right, I think it was twice. Q. Are you here testifying that in addition to those two times, he was late two or three more times? A. Yes, sir. Q. For which he was not suspended? A. No, he was not suspended for those times. Q. And you didn't know if he was counselled or not? A. No, just that he talked to the station Captain and where it went from there, I don't know. Q. Now, was it -- you said twice, it was like 8:30 in the morning? A. Yes, sir. Q. And once, it was closer to 10:00 in the morning when he came in? A. Right. Q. Do you recall if Mr. Butler had a telephone or did he not have a telephone so you had to go get him? A. The times I went to get him in the fire truck, he didn't have a phone at that time. questions. MR. MORRISON: No further MR. CHAIRMAN: Do you have and Ulm 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 questions you want to question this witness? CROSS EXAMINATION BY MR. BUTLER: Q. Mr. Shelton, when I was living on Avenue J, I did have a telephone at that time and I don't know if -- Captain Graham made sure I had one. He kept asking me for the number when it changed. MR. CHAIRMAN: Excuse me. You'll need to ask him questions. You can testify later. MR. BUTLER: I guess I don't have any questions. MR. CHAIRMAN: Okay. Thank you. Is a record made at the station if a party is absent or tardy or clocked in and recorded or -- CHIEF JAMESON: There is a station log kept on the days that they're -- now, a lot of them make it an exception, though, writing it down if there's a legitimate excuse or this type of thing. There's not always a record kept. All the suspensions -- this and disciplinary forms are kept. MR. CHAIRMAN: Okay. Go 19 1 2 3 4 5 6 7 8 9 10 13 14 15 16 17 18 19 20 21 22 23 24 25 ahead. MR. MORRISON: I'll call Captain Davis. CAPTAIN L. M. (BUD) DAVIS having first been duly cautioned and sworn to testify the truth, the whole truth and nothing but the truth, testified on his oath as follows: DIRECT EXAMINATION BY MR. MORRISON: Q. Captain Davis, please state your name, occupation, and station. A. Luther M. Davis, Bud Davis, Captain at number one, first station. Q. Have you been captain there for more than three years? A. N o . Q. When did you become captain? A. Assigned to the station -- you're going to put me on the spot -- either December or January. I was previously working in training and made some changes. Q. You were at number one in January of this year when Firefighter Davis was transferred from number five to number one; is that correct? A. Butler was. 20 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Butler, excuse me. And when he came, did you discuss with him the necessity of being on duty on time along with all the other rules and regulations? A. Yes, I did. Q. Reviewed all those? A. Sir? Q. You reviewed the rules and regulations with him to some extent? A. The one pertaining to this. Q. Okay. And -- was there any particular reason for that -- because you had heard of something and wanted to make sure -- A. Well, yes. It was all over the department -- which again is heresay -- I had no knowledge of the being late except for suspension and this I had knowledge of. He came off of suspension when he was assigned to my shift and the reason for the suspension at that time -- I was acting Battalion Chief and I had foreknowledge of the time he didn't show up and that they suspended him for. Q. So, you knew he had just been suspended for being absent without authority and so you wanted to make sure that he was aware of the rules and how you would enforce it? A. I wanted him to know that I was going to enforc 21 1 2 3 4 5 1 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the rule and apparently, not like the officer he previously had been under. Q. You let him know you were going to enforce the rule? A. Yes . Q. And he was aware of that? A. He should have been aware of it, yes. Q. were you at a fire or at several fires where Firefighter Butler worked? A. Yes. Q. would you say that he was an average to competent firefighter? A. Lawrence, in the part of extinguishing fires and fire control, yes, he was competent. Q. He is a good employee? A. Sir? Q. As firefighting ability, he was a good employee? A. That portion of it, yes. Q. Are you, as captain of number one -- how many times are you aware of was he absent at 8:00 in the morning on days he was to report? A. Personally? Q. Other than being sick. A. One time and -- you said when I was there -- 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 now, I happened to have another guy filling in and was on vacation in the last incident. I was aware of the time he went to Oklahoma. He called me and -- and talked to Chief Marshall. In fact, we talked about that when he came in and I looked into it for him and talked to people in Lawton and they said there was no fire in Lawton, and he wrote an explanation and asked that it be taken off as a vacation day. I was on vacation and the Battalion Chief called to see if I had given Butler permission to be off on this date and I said I had not. Q. This was the June 6th that -- for which he's being suspended this time? A. Yes. Q. So this was -- he was not otherwise absent from your -- A. Not while on my shift since January when he came off suspension. Q. Were you assigned to station one the first time that Mr. Butler was there in 1979 and '80? A. I was assigned to training during that period of time. Q. You were at and around number one occasionally' A. Yes. MR. MORRISON: I don't have 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 any further questions. MR. CHAIRMAN: Mr. Butler, do you wish to question the witness? MR. BUTLER: No, sir. MR. MORRISON: My final witness would be Chief Jameson, acting Chief. having first been duly cautioned and sworn to testify the truth, the whole truth and nothing but the truth, testified on his oath as follows: DIRECT EXAMINATION BY MR. MORRISON: Q. Please state your name, occupation, and how long you've been with the force? A. J. A. Jameson, acting Fire Chief. I've been on the fire department twenty-eight years. Q. You're the one that was the one that wrote C-2 letter and gave it to Firefighter Butler? A. Yes. Q. You did personally hand it to him? A. Yes, sir. Q. In your review and determination of possible penalty or discipline for this incident, did you con- sider his prior work record, essentially, and the factthat he had received t`a('se two prior disciplinary 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 P*M 23 24 25 suspensions, C-1 and C-3? A. Yes, sir, I took his whole record into con- sideration. Q, And _you were aware of -- were you aware of the other absences that Fire Equipment Operator Shelton has discussed this afternoon? A. I heard them, but actually from hearing the evidence of it, not until I investigated it. Q. You heard a rumor, but you didn't know? A. This wasn't considered. The evidence that you're talking about. I went strictly to what was in his file that was documented. MR. MORRISON: No further questions. MR. CHAIRMAN: Mr. Butler, do you wish to question this witness? MR. BUTLER: No, sir. MR. MORRISON: That's all the witnesses that the City has. MR. CHAIRMAN: Mr. Butler, now is the time for you to put on evidence that you wish -- do you wish to testify? MR. BUTLER: Yes, I do. I just want to say that during this time, Shelton did come to my house and pick me up. 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Also during the time that I was having personal problems. I had a son down here, a two month old son I was trying to take care of him at the same time and it was a little too much for me. I didn't know what to do except keep trying. MR. CHAIRMAN: What was your living conditions -- by yourself? MR. BUTLER: Yes, I had a girlfriend that was living with me and my son and she was babysitting. She wasn't reliable. Sometimes she would be there and sometimes she wouldn't. I had a father down here, but we're not close. During that time, I was having trouble and I explained it to the Captain and stuff and I understood at the time and he said that -- well, Lawrence, you can't keep coming in late like that. I said, well, I understood that, you know, but like I said it was being a little much for me. At the time that I was suspended in January of 1982, I talked to Chief Johnson and explained to him that since I had took my son back then and I told him, I think, now I could get to work on time and wouldn't 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 have any more trouble. MR. CHAIRMAN: That was in January? MR. BUTLER: Yes. Well, it was in December that year, but I didn't get the suspension until January, though. MR. CHAIRMAN: What about June? What was happening in June? What was the difficulty in June when you got this suspension that you're now facing? MR. BUTLER: Oh, this right here, like I said, I was having trouble with my mother. Her house caught on fire. I would go up there everyday when I was off work, and none of the other family members were around. Just recently, my brother from California came down and he's been helping her and it hasn't been so much that -- I had been worried about it so much, but I came home -- at the time I came home from Lawton and I got here, I guess about 1:00 and I went to sleep and I woke un and that morning my alarm went off about 6:00 and I said, I don't work today, and went back to sleep and when I did get up, I called the Chief. I just forgot 27 1 2 3 4 5 1 6 7 8 9 10 1 13 14 15 16 17 18 19 20 21 22 23 24 25 I was supposed to work today. It's the truth, exactly what happened. It's a dumb mistake. It did make a lot of sense at the time, but like I said, I was under that pressure -- I don't know. I guess that's about all I have to say, but other than that, that's all I've got to say. MR. MORRISON: No questions. MR. CHAIRMAN: Now, firemen come on shifts and work what, 24-hour shifts? MR. BUTLER: Yes. MR. CHAIRMAN: And then you're off, 48? MR. BUTLER: Forty-eight, yes, sir. MR. CHAIRMAN: When did you last work before this day? MR. BUTLER: Two shifts, two days before that, I worked. MR. CHAIRMAN: All right. What I'm trying to understand, how could you have woke up and thought you didn't need to go to work? MR. BUTLER: I had been going back and forth all week to Lawton. I guess I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 had just run myself down, more or less. That morning, I woke up, I had left from Lawton that night and something tells me, you don't work today -- MR. CHAIRMAN: Excuse me. Do you generally set your alarm when you don't have to go to work? MR. BUTLER: Everyday. MR. CHAIRMAN: Even if you don't work? MR. BUTLER: Yes, sir. MR. CHAIRMAN: Do you have anything further you want to say? MR. BUTLER: Yes. If the Commission rules for me in this, I think I can take care of my job a whole lot better than I have in the past. I guess that's all I have to say. MR. MORRISON: Can I say something? MR. CHAIRMAN: Do you want to ask him something? MR. MORRISON: No, I would like to speak to the Commission before -- prior to making a -- 29 1 2 3 4 6 7 8 9 10 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. CHAIRMAN: Let's close the evidence first. If you have anything further to say, I'll give each of you an opportunity to make any statement you want to make. MR. MORRISON: Mr. Chairman, and members of the Commission, it's just the City's viewpoint that firefighters as police officers must be on time or call in because in this instance, without -- with him not being there and not calling, there is no opportunity to man that truck which can take a truck out of service. Without him being there and with him not calling, it means that we're shorter than ever at the station and in the fire department, it's the _feeling of the Chief_ and, as you will notice, the suspension letters are written by three separate people. He was suspended by an acting Chief first, suspended by Chief Johnson second and the last time by acting Chief Jameson. It's the City's viewpoint that we have given him all we can. He's been absent officially without authority three times and Fire Equipment Operator 30 1 2 3 4 5 1 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Shelton has testified that he was absent for approximately 30 minutes at least twice more and had to be gone after by Fire Equipment Operator Shelton to get him to the station so the station would be manned fully and we are unable to continue allowing this to occur because one, it prevents him from being there, prevents the station from being manned and detrimental to the moral of the other people, not only at that station, but other stations who recognize that this man has already had four opportunities to be late and that's just too many times to be late in two and a half years. Actually, he's had more like seven opportunities to be late in two and a half years. MR. CHAIRMAN: Did I take correct notes? Two official suspensions, one in June of 1981 and four working days, and January of this year, six working days? MR. MORRISON: Yes, sir. I had rather stated he had been suspended as many as twice before he was given the indefinite suspension. MR. CHAIRMAN: I mean prior 31 E 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to this? MR. MORRISON: Prior to this, yes. MR. CHAIRMAN: Go ahead. MR. MORRISON: And the contention of the City is we have to have someone who can be there and who's working record shows they will be there by 8:00 in the morning or that they will have called in in time to get a replacement so that the truck and position will be manned so if there is a need that he or someone will be there, and the City would prefer it would be someone else that hopefully will be there on time because this man has shown that he can't be there on time. MRS. WOODS: Earlier you stated that in terms of when they are in late CHIEF JAMESON: When a fire- fighter is late for duty, there is a log kept of that. MRS. WOODS: Yes, sir. When they are late with unexcused absences, they fill out a report with the Battalion Chief 32 1 2 3 4 4= 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and the report is documented? CHIEF JAMESON: Yes ma'am. MRS. WOODS: So, if it's excused, it's not documented. It may or may not be documented? CHIEF JAMESON: If a man has an excused absence -- I'm talking about if on the way to work he gets sick or something like this, it's an excused absence as long as he calls in and lets us know that they're going to be late. That's the thing, that's the key to the whole thing, calling in and letting us know. MR. MORRISON: He never called in. Never, after the twice that he was excused for being late. He might have had an excuse the two times before, but he never called in this time. He called in at 9:30 in the morning. MR. CHAIRMAN: Do you have anything further? Mr. Butler, you may make any statements you wish to make now that you don't feel you've actually covered in your testimony by way of argument or otherwise. 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. BUTLER: He brought up I didn't call in on the suspension. I called in at 8:30 after the time I was suppose to call. Before I was suppose to call between 7:00 and 7:30. I called in after 8:00, but I did call and explained, you know, explained to him that I was late. MRS . WOODS: And you are suppose to be on duty at 8:00? MR. BUTLER: Yes. MR. GARCIA: Are you saying you called two times? MR. BUTLER: I called in, but I was late calling in. MR. GARCIA: You were late in calling in? MR. BUTLER: Yes. MR. CHAIRMAN: Do you have anything further? MR. BUTLER: No, sir. MR. CHAIRMAN: Okay. I guess the Commission will be recessed here until we decide our decision. (At which time a short recess was taken, after which the following proceedings were had.) 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. CHAIRMAN: Okay. It's the finding and ruling of the Civil Service Commission that the indefinite suspension will be upheld and that Mr. Butler will be permanently suspended from the department of the Wichita Falls Fire Department. Thank you. (END OF PROCEEDINGS) 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (CITY'S EXHIBIT NO. 1) ° L;,WIC_ H_ ITA.FALLS�TEXAS,76307 -Mill 11, it [ [I P.O. Box 1431 January 7, 1982 Firemen's and Policemen's Civil Service Commission RE: Disciplinary Suspension of Firefighter Lawrence Butler Gentlemen: In accordance with Section 20 of the Firemen's and Policemen's Civil Service Act, Article 1269m, as amended, VACS, you are hereby notified that I am suspending Firefighter Lawrence Butler for six (6) working days, three (3) shifts, effective at 8:00 a.m., Sunday, January 10, 1982 until 8:00 a.m., Tuesday, January 19, 1982. The reason for this disciplinary suspension is that Firefighter Butler violated certain provisions of Rule XIV, INDEFINITE SUSPENSION AND REMOVAL: Section 31., Grounds for Indefinite Suspension; of the Civil Service Rules which read, in part: , (J) Absence without authority The acts of Firefighter Butler which constitute violations of the above rule are as follows: On Saturday, December 26, 1981, Firefighter Butler failed to report to work and/or call by 8 a.m. He did not arrive at the station until 12 noon of the same day. On this occasion, I am suspending Firefighter Lawrence Butler as noted above. He will be counseled for his action and advised of the suspension. He w.i13 have ten (10) days from this date to file a written appeal to the Civil Service Commission, City of Wichita Falls, Texas. Hurshel Johnson ire Chief HJ/ch cc: Stuart A. Bach, City Manager H.P. Hodge, City Attorney Lawrence Butler, Firefighter 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (CITY'S EXHIBIT NO. 2) i WICHITA FALLS, TEXAS 76307 P.O. Box 1431 June 7, 1982 Firemen's and Policemen's Civil Service Commission RE: Indefinite Suspension of Lawrence Butler Gentlemen: III . IIIIII III' In accordance with Section 16 of the Firemen's and Policemen's Civil Service Act, Article 1269m, as amended, VACS, you are hereby notified that I am placing Firefighter Lawrence Butler on indefinite suspension for violation of Rule XIV (Indefinite Suspension and Removal; Section 31 rule J. Absence without authoritv). The reason for this suspension is that Lawrence Butler failed to report for duty June 6, 1982 at 0800 as required. He called the Battalion Chief on duty (Chief Grady Marshall) at 9:45 a.m. and stated he had 'forgotten' that he was supposed to work that day. Mr. Butler has been counciled several times about his failure to report for duty on time. Mr. Butler received a six (6) working day suspension on January 10, 1982 for failure to report for duty or call in by 0800. By this order of Suspension, Lawrence Butler is advised that he has ten (10) days after receipt of this copy, within which to file a written appeal with the Wichita Falls Civil Service Commission, City of Wichita Falls. Jameson cting Fire Chief JJ:ch cc: Stuart A. Bach, City Manager H.P. Hodge, City Attorney Lawrence Butler, Firefighter Grady Marshall, Battalion Chief 37 fl 2 3 4 -mI 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (CITY'S EXHIBIT NO. 3) y f ; II I I ❑ 1 WICHITA FALLS, TEXAS 76307 P.O. Box 1431 — June 22, 1981 Firemen's and Policemen's Civil Service Commission RE: Disciplinary Suspension of Lawrence Butler Gentlemen: in accordance with Section 20 of the Firemen's and Policemen's Civil Service Act, Article 1269m, as amended, VACS, you are hereby notified that I am suspending Fire Fighter Lawrence Butler for four (4) working days (2 shifts) effective at 8:00 A.M., June 14, 1981, until 8:00 A.M., June 20, 1981. The reason for the suspension of Fire Fighter Lawrence Butler is as follows: On Sunday, June 14, 1981, at approximately 8:30 A.M. Firefighter Lawrence Butler called Captain Bill Graham to explain he had overslept and would be late. F.F. Butler has been late on a number of other occasions and has been told he would be suspended if it happened again. Capt. Graham. told F.F. Butler to remain at home. On this occasion, I am suspending Fire Fighter Lawrence Butler as noted above. He will be counseled for his action and advised of the suspension. He will have ten (10) days from this date to file a written appeal to the Civil Service Commission, City of wiuhita Falls, Texas. Bobby HowaCd Acting Fire Chief BH:ch cc: Stuart A. Bach, City Manager H.P. Hodge, City Attorney Lawrence Butler, Fire Fighter 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE STATE OF TEXAS X COUNTY OF WICHITA X I. Linda Compton, a Shorthand Reporter and Notary Public within and for the State of Texas, do hereby certify that the above proceedings of the Fireman's and Policeman's Civil Service Commission was by me correctly taken stenographically and was thereafter transcribed; and that same was taken beginning at 1:00 p.m. on June 28, 1982, in Room 500, Municipal Auditorium, Wichita Falls, Wichita County, Texas; and that I am not attorney for nor relative of any of said parties nor otherwise interested in the event of said action. IN WITNESS WHEREOF, I have hereunto set my hand and official seal this day of July, 1982. n LINDA COMPTON, NO ARY PUBLIC FOR THE STATE OF TEXAS My Commission Expires: 1-6-85'