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LTC 054-2018 Response to Miami New Tmes Article on Parks and RecOFFICE OF THE CITY MANAGER NO. LTC# 054-2018 LETTER TO COMMISSION TO: Mayor Dan Gelber and Members of t e City Com ( ission FROM: Jimmy L. Morales, City Manager DATE: February 8, 2018 SUBJECT: RESPONSE TO MIAMI NEW TIMES ARTICLE ON PARKS AND RECREATION DEPARTMENT Yesterday, an article appeared in the Miami New Times which paints a distressing picture of the Parks and Recreation Department as a workplace. Although, as detailed below, I believe most of the information in the article is inaccurate, I have nonetheless tasked our Human Resources Director with investigating the allegations. As you may recall, these same allegations were made via letters that were recently sent to you by former Parks Superintendents James Vincent Muia and Douglas Tripodo. Both individuals were discharged for not meeting performance expectations, along with other improprieties. The two employees interviewed according to the article, Ida Smart and Lee Holmes, have also both contacted members of the City Commission with unfounded allegations. Ms. Smart also filed a charge with the Florida Commission on Human Rights ( "FCHR ") in 2017 which last month was determined, by the FCHR, to have no reasonable cause that an unlawful practice occurred. The Parks and Recreation Department Before addressing the specific allegations made in the article, I think it is important to talk about our Parks and Recreation Department generally. The City of Miami Beach is committed to providing a workplace that is free of harassment and discrimination in every form. The Parks and Recreation Department is a large and diverse department. The department currently consists of 250 employees with a demographic of 33 white -not Hispanic, 137 Hispanic, 79 black -not Hispanic and 1 American Indian. The Parks and Recreation workforce is very representative of Miami -Dade County's ethnic make -up. The Division in question (Operations) currently has seven supervisors. The demographics of the supervisors are three white - not Hispanic, three black - not Hispanic and one Hispanic. The Parks and Recreation Department has a very open and active relationship with its labor unions. Over the last several months numerous communications both written and spoken have taken place between union representatives and administration. At no point has the union raised concerns of discrimination or hostility within the Parks and Recreation Department. In fact, the Operations Division received only one employee grievance in about a year and a half, and it was not of significance, as it related to posting overtime rosters at a park. The Allegations You all know that as a general matter, I do not like to discuss personnel matters publicly out of respect to the employee(s) involved. But, in this case, where disgruntled current and former employees have chosen to publicly make false allegations, I believe it is my duty to defend the City and set the record straight. It is important to address the obvious motivation of Mr. Muia and Mr. Tripodo, both white, not Hispanic individuals. The following is a synopsis of Mr. Muia and Mr. Tripodo's tenure with the City of Miami Beach, ultimately leading to their separation. James Vincent Muia Mr. Muia was hired by the City in February 2016, as a Parks Superintendent. Early into his tenure, his shortcomings began to surface. Mr. Muia displayed an inappropriate demeanor, often using derogatory language toward subordinates, coworkers and vendors. One such example was during a Miami Beach Fashion Week event at Collins Park, when he failed to turn off the irrigation system. As a result of his negligence, the sprinkler system was activated and caused thousands of dollars in damage. Rather than immediately remedying the situation, Mr. Muia advised the event host that he had more important matters to address, making it clear that he (Muia) did not care about the damage caused through his negligence. According to the event host, Mr. Muia used profanity and conducted himself in a deplorable way (Exhibit 1). Additional complaints were received both in writing and over the telephone, regarding Mr. Muia's behavior. The complaints ranged from a subordinate employee alleging Mr. Muia was discussing personal medical information with another subordinate in a way to categorize the complainant as mentally unfit (Exhibit 2), to one of the City's vendors expressing serious concern over his aggressive demeanor, including threats (Exhibit 3). On two separate occasions, Mr. Muia had to be physically held back from engaging in physical altercations with a subordinate employee over workplace disagreements. In addition to the above, a complaint was filed with the Parks & Recreation Department's Administration that Mr. Muia was engaged in questionable financial transactions utilizing City funds. The Administration's investigation revealed that Mr. Muia performed multiple unauthorized transactions with Pristine Irrigation, a company that was not a vendor to the City. In furtherance of the investigation, when asked who the vendor used for a given project was, Mr. Muia provided the name of another vendor, not Pristine Irrigation. He was untruthful, as the invoice and credit card statement clearly showed Pristine Irrigation as the vendor paid for the work (Exhibit 4). The most egregious of these examples was the payment for alleged palm removals in November 2016. A physical inspection of the sites revealed the palm removals never took place. Making the matter worse, the payment was made by Mr. Muia utilizing a subordinate employee's City issued credit card while he (the subordinate) was on continuous extended leave. The credit card transaction was made on November 18, 2016; the subordinate employee was off and did not report to work from November 1, 2016 through December 11, 2016. All of the supporting documents are included herein as (Exhibit 5.) When confronted with the above evidence, Mr. Muia opted to resign (Exhibit 6). In addition to what is mentioned herein, there are numerous other performance deficiencies and complaints that took place during Mr. Muia's tenure. Before Mr. Tripodo's termination and subsequent letter to City elected officials, Mr. Muia had not been heard of since his resignation. Douglas Tripodo Douglas Tripodo was hired by the Parks and Recreation Department on August 28, 2017. After two months of working for the department, his performance was not up to expectations. Mr. del Risco held a counseling meeting with Mr. Tripodo to go over deficiencies (Exhibit 7). Mr. Tripodo was not happy with the meeting and immediately reached out to Mr. Rebar to request a separate meeting. Mr. Rebar obliged and met with Mr. Tripodo. Mr. Tripodo expressed dissatisfaction with Mr. del Risco questioning his ability to do his job. Mr. Rebar began to independently monitor Mr. Tripodo's activities and quickly realized that he (Tripodo) was not performing well in his role. As time went on, Mr. Tripodo's performance continued to decline and his dishonesty increased. It was to the point that everything Mr. Tripodo stated had to be verified by personal inspection, as he (Tripodo) would blatantly lie on the simplest of matters. Mr. Tripodo always shifted blame for his poor performance on everyone but himself. Some of the examples of his performance deficiencies are as follows: - Tripodo requested an increase in the amount of $160,000 for the purchase orders awarded to the contractors performing hurricane recovery work. When Mr. del Risco inquired as to the balances on existing purchase orders, Tripodo admitted he (Tripodo) allowed the contractors to work beyond their authorized purchase order balances. In fact, as of that day, the contractors had already incurred over $136,000 in unauthorized work, which was in violation of the City's procurement policy and law. When asked for supporting documents showing his tracking of the hours worked by the contractors' employees, Tripodo failed to provide any support, contrary to the mandate he received from Mr. del Risco months earlier. When Mr. del Risco stressed the gravity of his infraction, Tripodo shrugged it off as "not a big deal." (Exhibit 8) - Emails were sent by Mr. Rebar and Mr. del Risco on separate occasions to staff advising Art Basel preparations were paramount and parks, especially those with event activations, needed to be in immaculate condition as Art Basel is one of the most important events in the entire region. Even after daily inspections and very prescriptive direction from Mr. del Risco, Mr. Tripodo delivered Collins Park in a terrible condition for Art Basel. The park contained barren areas without sod, areas without mulch, holes, dirt piles, muddy tire marks on sod and pavers, etc. Tripodo's response in was that the park did not look in terrible condition. Tripodo later stated during a walkthrough that the park was fine for Art Basel. Attached are photographs of the deplorable conditions at Collins Park as Art Basel was opening. (Exhibit 9) - Tripodo ensured the Administration that Belle Isle Park was ready and "going to pop" at Menorah lighting. Attached are the photographs depicting the horrible conditions at the park during the ceremony. The park contained missing sod, dead plants, mud pits, etc. (Exhibit 10) - On one particular occasion, Tripodo provided cost estimates that were off by thousands of dollars ($70,000 +) due to his failure to contact vendors or at least use historical expenses. When asked, he had no basis or explanation for the figures; he essentially made the figures up. He had previously been made aware of the importance of the estimates, as they were to be provided to the City Commission. Tripodo made similar baseless estimations on other projects. - Email to Tripodo from Rebar requesting the addition of mulch at the playground at North Shore Park Youth Center. Tripodo advised it was completed. The mulch was not present at the time of his separation. (Exhibit 11) - Email from Tripodo stating downed trees were being taken care of that day, (November 21, 2017); however, a week later, the trees were still not addressed (November 27, 2017). In between both dates, Tripodo had verbally advised Rebar and del Risco that the trees were all taken care of. When the City Manager brought to light the work was not done, Tripodo blamed employees from other divisions for providing an incorrect map of the park and another for not responding to his requests. At this point, Rebar reported to the park every morning to ensure work was completed. The trees were in the middle of the park. The "map" in question is still a mystery. Due to Tripodo's dishonesty, Rebar provided incorrect information to the City Manager. (Exhibit 12) - Contrary to the clear direction given by Rebar and del Risco during a meeting to discuss reorganization, Tripodo conducted behind the scenes meetings with classified employees advising them where he was going to move them and that they were no longer going to work weekends or nights. He further promised direct appointment to a classified position without a competitive process, which is in violation of City rules. (see Exhibit 20) - Email between Tripodo and del Risco about the departmental reorganization and staffing. There are no problems mentioned and Tripodo thanks del Risco for his support. (Exhibit 13) On December 11, 2017, del Risco with the witness of Javier Fulgueira met with Tripodo to discuss his performance and termination. At the time of the conversation Tripodo stated that it was fine that he was being let go because he was quitting the following day because he had another job. The above are only some examples of the incompetent and deceitful actions employed by Mr. Tripodo during his short three -month tenure with the City. Ida Smart Ms. Smart has filed numerous complaints against the City since 2012, at which time she had a negative exchange with a coworker. The coworker, who is also African - American, used inappropriate language when speaking with her. According to the coworker, the two were friends prior to the incident and would often use less than professional language when communicating with each other. However, on that day, Ms. Smart took serious offense to his comment. According to the investigation conducted at the time, both Ms. Smart and the coworker engaged in the use of inappropriate language during the exchange in question. As a result, neither employee was disciplined (Exhibit 14). Ms. Smart has expressed her dissatisfaction with the Administration's response to the incident, as she deemed discipline should have been imposed upon her coworker. Since that day, Ms. Smart has filed numerous complaints against the City for discrimination, which all have been deemed to be baseless and lacking evidence to support them. As previously stated, her most recent complaint with the Florida Commission on Human Rights in 2017, was found to have no reasonable cause that an unlawful practice occurred (Exhibit 15). Lee Holmes Mr. Holmes' chief complaint is that he has been denied the privilege of driving a City vehicle because he was involved in a very serious incident in May 2014 when he ran over and then backed over a citizen in Lummus Park, nearly resulting in the individual's death (the New Times article euphemistically refers to it as "inadvertently running a city vehicle into a sleeping homeless woman "). The citizen was critically injured and the City expended in excess of $250,000 to end the legal actions that followed. Mr. Holmes was terminated for his negligence leading to the incident, excessive absenteeism, as well as engaging in a physical altercation with his former supervisor (now retired) who Holmes also claimed discriminated against him. Mr. Holmes appealed the decision in accordance with the City's procedures and he was later afforded an opportunity to retain his employment through a last chance agreement extended to him by John Rebar, Director of Parks & Recreation and Jose del Risco, then Assistant Director of Human Resources. At the time, Mr. Holmes had forty -eight prior administrative actions against him for violations of City policies, including three suspensions (Exhibit 16). Mr. Holmes has also filed 28 claims for work related accidents between 1997 and 2017, further bringing into question his credibility and commitment to safety in the workplace. Mr. Holmes claims the decision of the Human Resources Director to not allow him to drive a City vehicle is preventing him from promotional opportunities, as those positions require driving. The decision of the Human Resources Director to not let Mr. Holmes drive a City vehicle is a prudent action and not discriminatory in nature, as Mr. Holmes describes it. Frankly, Mr. Holmes is fortunate to still have a job with the City in light of his past performance and it would be negligent to allow him to drive a city vehicle at this point. Mr. Holmes also made completely false representations in the article about his transfer out of North Shore Open Space Park. As explained in the attached statements from his managers (Exhibit 17), Mr. Holmes was moved to another work location after his supervisor, also an African - American male, requested he be transferred elsewhere as he (Holmes) was creating tension with coworkers. Tensions grew to the extent that police action was later involved. In addition, serious complaints were made by a park patron regarding Mr. Holmes' continued harassment and other inappropriate behavior toward her, including making derogatory remarks toward her such as referring to her as a "bitch" and driving by her making a "gun sign" using his fingers (Exhibit 18). He was ultimately moved to another facility where he was accommodated at the direction of Mr. del Risco, with a better schedule, consisting of work hours from 7:30 am to 4:00 pm, with Saturday and Sunday off, in order to assist with his family constraints. He was also offered assistance with transporting his child between City facilities in order to further assist with his family needs. Mr. Holmes was never disciplined for any of the allegations made against him by his coworkers and the previously mentioned park patron. Mr. Holmes recently made a social media posting regarding discrimination within the Parks & Recreation Department. Immediately upon receiving a copy of the posting, Mr. del Risco and Mr. Fulgueira met with Mr. Holmes in order to inquire if anyone was mistreating him in any way. It was explained to Mr. Holmes that there is no place for discrimination of any kind in the workplace and that it is the Administration's duty to ensure all employees are afforded equal opportunity and treated with the respect and dignity they deserve. During the meeting, Mr. Holmes commenced the conversation by stating he was upset because the City was not allowing him to drive, which was preventing him from being promoted. He referenced a meeting that took place with the Human Resources Director, wherein he was advised he would not be able to drive a City vehicle. Mr. Holmes stated that he was not being mistreated and that discrimination does not exist within the department. He admitted having been upset and frustrated about not being allowed to drive, which is why he made the post. Yvonne Sepulveda The allegation that Yvonne Sepulveda was forced to resign her position is untrue and contradicted by evidence, including her retirement letter wherein she gives thanks to Mr. del Risco and Jeremy Hinkle, Parks Operations Supervisor, for what she referred to as great experiences (Exhibit 19). As recently as last week, January 3091, Ms. Sepulveda has remained in contact with Mr. del Risco. Further, during her exit interview conducted by the Human Resources Department, Ms. Sepulveda never raised any such issues. For the record, the Human Resources Director has reviewed all the evidence and concluded that the complaints of Ms. Smart, Mr. Holmes and Ms. Sepulveda are not based on factual information and are therefore meritless. One other note, we looked at the petition on change.org in an effort to identify if in fact our employees are expressing concerns. Sadly, few of the names on the petition are public, so we cannot verify. But we did note that of the few names that were public, none of them were employees of the Parks Department. CONCLUSION The irony in all of this is that prior to Mr. Tripodo's tenure with the department, operations were running smoothly and no complaints of this nature were received. The catalyst for these baseless allegations was, as noted earlier, Mr. Tripodo's unauthorized communication with classified employees, wherein he made deceitful promises relating to their future work assignments, schedules and locations, in direct violation of existing collective bargaining agreement and City rules. Nothing of what he promised those employees was previously approved by the Administration. In fact, he promised employees work schedules that would entail no work on weekends, evenings or holidays, which happen to be the busiest times for park systems anywhere. As evidenced in the attached email from Mr. Fulgueira, news of proposed changes were started to spread through the organization creating an environment of turmoil (Exhibit 20). The Human Resources Department has thoroughly investigated these allegations. There is no evidence to support any claim of discrimination or any other type of inappropriate or illicit behavior conducted by John Rebar, Director of Parks & Recreation, or Jose del Risco, Assistant Director of Parks & Recreation. Said allegations are unfounded and lack any merit. Further, the terminations of the two former Park Superintendents, Muia and Tripodo were for reasonable causes and were in the best interests of the City. JLM /EC /MS Attachment Exhibits Rebar, John From: Winick, Graham <GrahamWinick @miamibeachfl.gov> Sent: Tuesday, July 12, 2016 3:13 PM To: Rebar, John; Casanova, Cynthia Subject RE: ABSOLUTLEY UNACCEPTABLE - NOT SOLVED Heard the same.; nbsp; Thank you. (MIAMI BEA( Graham Winick, Film and Event Production Manager TOURISM, CULTURAL AND ECONOMIC DEVELOPMENT 1700 Convention Center Drive, Miami Beach, FL 33139 (mailing address) 1755 Meridian Avenue, 5`" FL (physical address) Tel: 305.673.7577 x65971 Cell: 786.402.11151 www,miamibeachfl.00v Film line: 305.676.7070 Twitter, MiamiBeachNews 1 Facebook: Citv of Miami Beach YouTube: CitvofMiamiBeach 1 Scribd: MiamiBeachNews 1 Flickr. Citv of Miami Beach We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. From: Rebar, John Sent: Tuesday, July 12, 2016 10:57 AM To: Winick, Graham; Casanova, Cynthia Subject: RE: ABSOLUTLEY UNACCEPTABLE - NOT SOLVED Graham — Please let me know if you hear any other complaints. Javier is the new point of contact in order to peacefully get through this event. All reports I received are all is taken care of and well. Thanks, John. M1AMl BEACH John Rebar, Director Parks & Recreation Department 1701 Meridian Avenue, Suite 401, Miami Beach, FL 33139 Tel: 305.673 -7730 / Fax: 786-394-4363/ www.miamibeachft.00v We are committed to proviaing excellent public service and safety to all who live, work end play in our vibrant, tropical, historic community. From: Winick, Graham Sent: Monday, July 11, 2016 11:45 AM To: Rebar, John; Casanova, Cynthia Subject: FW: ABSOLUTLEY UNACCEPTABLE NOT SOLVED Hi guys. Bringing you into the below exchange as it seems to be getting worse. 1 Exhibit 1 MIAMI B Graham Wlnick, Film and Event Production Manager TOURISM, CULTURAL AND ECONOMIC DEVELOPMENT 1700 Convention Center Drive, Miami Beach, FL 33139 (mailing address) 1755 Meridian Avenue, 5t° FL (physical address) Tel: 305.673.7577 x6597 I Cell: 786.402.1115 www.miamibeachfl.gov Film line: 305.676.7070 Twitter: MiamiBeachNews I Facebook; City of Miami Beach YouTube: CitvofMiamiBeach 1 Scribd: MiamiBeachNews I Flickr: City of Miami Beach We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. From: Sate Stojanovic Cmailto:saleCalfunkshion,com] Sent: Monday, July 11, 2016 11:43 AM To: Sklar, Max Cc: Brown, Lavoris; Morgan, Mark; Muia, Vince; McFadden, Millie; Knowles, Rodney; Alain private Perez; Sanchez, Manuel O.; Nodarse, Linette; Winick, Graham Subject: ABSOLUTLEY UNACCEPTABLE - NOT SOLVED I am not sure if this is fixed as Vince walked away from me. He came to the tent to introduce himself and I wis with one of the designers from fashion week. I said to him that his attitude is not acceptable and walked away, told his guys "pack everything I dont care about this guy... #157; and left. The designer and his team witnessed all this and I am not sure that this is the good representation of the city and his workers. Bobby the person that works with him is a very nice guy and tried to help me but Vince ordered that they all leave, he shut the door of the water controll cabinet in front of his guys and told them to leave. That said I have no idea if he fixed the problem. I really do not understand his attitude. As you all know I've been working in this City for about 20 years and done major events and never experianced anything like this. In this park alone I worked with Millie and Lavoris for years and had nothing but great experience. Both of them were always pleasant, very responsive and problem solvers. This person should not be a part of this City. I also sit on Production Industry Council as I REALLY REALLY care about this City. I live on Miami Beach, my kids go to school in Miami Beach and I am proud to say I live here. But this person.... Attached are the images of water and my floor bubbling, water inside, Bobby trying to fix it and sprinlders on. As I mentioned before I invested in a lot of money to make MIAMI BEACH FASHION WEEK look the best it can and now I have no idea how to make this floor, first and formost, not being a tripping hazard. It was glued over the weekend and water is now making glue not sticking to wood. I used proffesional carpet instaellrs for this job to make sure its done correct. In addition to flooring we have ton of electrical equipment and spraying it is a HAZARD by itself. I really need this person to come back here, show me what was done and make sure that this will not happen. The solution here is not to turn off ALL THE WATER in Bass museum park as it will make ALL the grass dry. I can not take responsibility for that. There are zones and we know EXACTLY which zones are the ones around and under the Tent and those were off for 2 days but are back on. Just these zones need to be off as it was in previous two days. 2 Aleksander Safe Stojanovic FUNKSHION 1935 West Ave. #206 Miami Beach, FL 33139 t. 305 +673 +2756 f. 305 +695 +1172 in €o @funkshion.com www.funkshion.com On Jul 11, 2016, at 11:15 AM, Muia, Vince <VinceMuia @miamibeachfl.gov> wrote: All I am sorry for the confusion regarding the irrigation at Collins Park. I have fixed the clock issue. If there are any other concerns going forward please let me know. I am sorry for the inconvenience. <image001.jpg> 7 Vince Muia, MAL, CSFM, Parks Superintendent Parks & Recreation Department 1701 Meridian Avenue, Suite 401, Miami Beach, FL 33139 Tel: 305 - 673 -7730, Ext. 23841 www.miamibeachparks.com We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. From: Sale Stojanovic [mailto:saletafunkshion.com) Sent: Monday, July 11, 2016 10:17 AM To: Sklar, Max Cc: Muia, Vince; Brown, Lavoris; Morgan, Mark; McFadden, Millie; Knowles, Rodney; Alain private Perez; Sanchez, Manuel 0.; Nodarse, Linette; Winick, Graham Subject: ABSOLUTLEY UNACCEPTABLE Importance: High Dear Max, I have a huge issue with VINCE MUTA. The whole Last week I was trying to figure out the sprinkler situation in Collins Park by Bass Museum. On Wednesday they (Bobby and another person from his team) came out and we went through it and then next morning we got spray on. I called them back they came back and we found issue that there was a second cycle that was not shut off. I got lot of electronics sprayed on. Then they said it will be all good and then this morning I got sprayed again and now I have a huge problem as we did floring yestrday and now its all bubble up. I called Vince to advise him and see what we can do and he told me QUOTE ... #157;I do not give a rats... #157; and "listen I do not care about anything you are saying I have two big emergencies and I will do this when 1 do it... #157; THIS IS ABSOLUTLY UNACCEPTABLE by VINCE MUTA and I want to file a official complaint about him. At the same time I have to have this solved asap. I spent $16,000 on flaring that is going bad as we speak due to INCOMPETENCE of VINCE MUTA and his people. I will also send a not to the mayor and commissioners about his unacceptable behavior. I have all documented on when they came, sprinklers going on that were not suppose to go with date stamps. Aleksander Sale Stojanovic FUNKSHION 1935 West Ave. #206 Miami Beach, FL 33139 t. 305 +673 +2756 f. 305 +695 +1172 info uefunkshion.com www.funkshion.com 8 Del Risco, Jose From: Sent: To: Subject Good morning Del Risco, Jose Friday, September 23, 2016 8:08 AM Re: Discrimination You are a valued member of the team and I am very grateful for your knowledge and service to the City. These allegations are serious in nature and I assure you that I will thoroughly investigate. As always, I am here for you and all members of the department, you know you can count on me to do what's right and fair. Jose MIAMIBEACH Jose del Risco, Assistant Director Department of Parks and Recreation On Sep 23, 2016, at 8:01 AM, rniamibeachfl.gov> wrote: Good Morning Jose: As per our conversation on September 22, 2016 this email is in reference to the incident on yesterday. On September 22, 2016 Park Superintendent Vince Muia may a discriminatory remark regarding my Disability. The unprofessional remark that was made to Yvonne Sepulveda was think he has problems with PTSD He has not seen anything yet while making this statement other personnel were there. There are as follows Eugene Newton Jeremy Hinkle and others who heard the conversation. How does he know about my situation with PTSD ? This action by my Upper manage is unacceptable behavior. Even if he knew I have PTSD he should not be discussing this with other employees. This is a violation of My Hippa Rights. Mr. Muia is creating an hostile working environment by continuing to interfere with my work Performance at the jobsite. 1. First incident was at Flamingo Park when Mr. Muia stated that I must answer to him Yes sir and No Sir when given instruction. rd Instructing Operational Supervisor Jeremy Hinkle on how to score my evaluation. 3. Last week at Flamingo Baseball Field he showed up at my work site screaming At me again that he was the boss. He kept asking me Who's your boss. Jose I find these acts of aggression to be unnerving to me . In Personnel Rule X Section 2 (3) Has been guilty of conduct unbecoming of an employee. Under 7 Has engaged in any of the following (10) Has been offensive in conduct or language toward The public, City Officers Superiors or towards other employees. (20) Has been antagonistic in attitude towards superiors or other employees, criticizes orders or Rules issued and policies adopted by superiors or interferes with the proper coordination of the City's employee to the detriment of efficient public service. 1 Exhibit 2 Jose as much as I am being harassed I promise and guarantee you that I will not violate any rules or retaliate in an aggressive and violent manner. Jose I love and enjoy working the City of Miami Beach and would like to continue my service with the city until I retire under peaceful work situations. Thank you for caring and helping me to address and have this situation resolved. <image001.jpg> City of Miami Beach Parks & Recreation Department Parks Maintenance Division Office Te. 2 Del Risco, Jose From: Del Risco, Jose Sent: Wednesday, January 11, 2017 5:23 PM To: 'Betty Gerdts' Cc: Orlando Otero Subject: RE: Vince Muia Hi Betty, I am sorry to hear of the unfortunate encounter earlier today. Please give me some time to investigate, I will be reaching out to you soon. If anything else comes up, please let me know immediately, As always, you can call me on the cell at any time. Regards, Jose From: Betty Gerdts [ mailto :BGerdtsCasuperiorlandscaping .cam] Sent: Wednesday, January 11, 2017 5:19 PM To: Del Risco, Jose Cc: Orlando Otero Subject: Vince Muia Good Afternoon Jose, I hope you are having a wonderful afternoon and that you are doing well. As you know I had a walk thru with Vince, Jeremy and Siul this morning which it's still very concerning to us. Upon arriving at Soundscape Park and saying good morning to each other Vince proceeded to threaten with cancelling the contract and sending out notices to cure. I stopped him and asked him not to say this comment again. I cannot stress enough how many times he threatens Siul and I with this negative comment. I expressed to him this is not the way to start a meeting where at the very least I am trying to work with him. He said that he was going to send many notices to cure so they could cancel our contract. To make a long story short we walked a total of four parks and his complaints were minor such as incomplete edging and the bougainvilleas that need to be tied down. After I thought we had come to terms and I expressed to him that we will remedy these issues within the next couple of days to my surprise he sent a text message to Siul Letting him know that he thought the contract was ending soon but indeed it finishes in 2018, where he said he would shoot himself if he had to continue dealing with us. Now, it has become even more concerning due to the fact that I feel he might be discriminating against us and I personally feel uncomfortable dealing with such an unprofessional man. Please call me so we can discuss this matter or if you want to have a meeting with Orlando, Siul and myself. Regards, Betty Gerdts Maintenance Department Manager Exhibit 3 1/9/2017 On Tuesday, December 20, 2016, Mr. Jose Del Risco, Parks and Recreation Assistant Director, came into my office and asked me, Mrs. Vianca Peron - Sellan, to listen in on a conversation that he was having with Mr. Vince Muia, Parks Superintendent, that needed my attention. When Mr. Del Risco returned to his office I stood outside this door and heard him ask Mr. Muia what vendor had completed the Soundscape Park wild peanut landscaping project. Mr. Muia responded that it was Doug Ingram & Sons Nursey. They then proceed to discuss other projects. On the same day I had received the SunTrust P -Card Statements to review from Mr. Muia's staff and I saw the actual vendor that was used for the Soundscape Park project he was referring to was not Doug Ingram & Sons Nursey, but a new vendor I had not seen before called Pristine Irrigation & Lawn Maintenance. The invoice number was # 002 and they charge for the "Soundscape Peanut Grass & Installation" was $2,000. This was charged to Jeremy Hinkle's P -Card on 11/29/2016 to the supplier named Sq *tati2084 @hotmail.com. Since that day, I have been monitoring P -Card charges on this vendor. The vendor has already exceeded the $5,000 threshold and quotes have not been provided. Card Holder: Eugene Newton Transaction Date: 11/18/16 (Invoice #1) Supplier: tati2084 @hotmail.com Amount: $1,000 Card Holder: Jeremy Hinkle Transaction Date: 11/29/2016 (Invoice # 2) Supplier: tati2084 @hotmail.com Amount: $2,000 Card Holder: James Muia Transaction Date: 12/19/2016 (Invoice # 3) Supplier: tati2084 @hotmail.com Amount: $2,000 Card Holder: Eugene Newton Transaction Date: 12/19/2016 (Invoice # 4) Supplier: tati2084 @hotmail.com Amount: $1,100 Total to date with supplier: tati2084 @hotmail.com (Pristine Irrigation & Lawn Maintenance) is $6,100. Vianca Peron - Sellan 1/9/2017 Administrative Services Manager Parks & Recreation Exhibit 4 Pur'cIrasin4 Card S UNTRUST VISA Eugene Newton 1700 Convention Center Dr Mt3ms Beach FL 33139 -1519 TRANSACTION POSTING DATE SUPPLIER NAME DATE MONTHLY ACCOUNT STATEMENT Account Number XXXX - XXXX -XXXX -3160 Closing Dace Amount Due 12/15/2015 50.00 Payment Address SunTrust Bank P.O. Box 791250 Baltimore, MD 21279-1250 SUPPLIER CITY SUPPLIER STATE AMOUNT Fund Department Object Code Project Employee Work Order /Mist 11/17 11/18 Pro - Grounds Product Inc 011 0940 000343 3Y3 - y1 Pro's cat 'L ;z I r,v n 00(0 . /Pa& /° -t'ttI 305 - 235 -5101 FL $ 1,038.00 9999999999 043755 99999999999 $ 1,038.00 11/18 11/20 Sq *tati2084 @hotmail.Com Miami Beach FL $ 1,000.00 011 0940 000343 9999999999 043755 99999999999 $ 1,000.00 k-)4.3 I/3 - / SC tUAai . ?! 2 - I rc°_ Yit4 rim i}i3t) . dot eve 12!9Jrk TY I-8 ? G,LJ _ 11/21 11/23 The Home Depot #6378 Hialeah FL 011 0940 000343 9999999999 043755 99999999999 3'/ 3 - 341 Lace/ rrt stS - 1 i -L<•I-tr,,,.,. J c,crr.,t.d.e,1 11/21 11/23 The Home Depot #6378 Hialeah ��// 011 0940 000343 9999999999 043755 3 3 - 3 9 i' — F f J t- rh3lii Lu. ( -(AL itctr U tip %umrr us $ 239.13 $ 239.13 FL $ -34.22 99999999999 $ -34.22 11/23 The Home Depot #6378 011 0940 000343 - •?V3 -39 TC i -�cncc 11/21 11/23 The Home Depot #6378 011 0940 000343 Comments: Hialeah FL $ -34.18 9999999999 043755 919999999999 $ -34.18 / Hialeah FL $ 206.88 9999999999 043755 99999999999 $ 206.88 Y3- ,39 Lu.vlYlu5- trt�ti 11 11 1 111 11 Page 1 of 2 111 11 Y 11 11 11 Exhibit 5 Date: 11/18/2015 INVOICE Invoice # 001 PRISTINE IRRIGATION & LAWN MAINTENANCE To: CITY OF MIAMI BEACH 3391 SE 5T" STREET 1700 CONVENTION CENTER DR. HOMESTEAD, FL 33033 MIAMI BEACH FL 33139 786 -269 -4577 VINCEMUTA @MIAMIBEACHFL.GOV PRISTINEMAINTENANCEI @GMAIL.COM Customer ID: 003 IlUgq @hGLt'CuL. CO ri\ alp ai Salesperson i Job Payment Due Date Tercets PRISTINE IRRIGATION & LAWN SERVICE PALM TREE CREDIT 11/18/2016 REMOVAL CARD Description SOUNDSCAPE PARK — DEAD PALM TREE REMOVAL QTY 1 Unit Line Total Price . $250 $250 FLAMINGO PARK — DEAD PALM TREE REMOVAL 1 $250 $250 1 MARJORIE PARK — DEAD PALM TREE REMOVAL 2 $250 $500 i • 04. of -N . . TOTAL $1000.00 Thank you for your business! t _ SUNTRUST Eugene Newton 1700 Convention Center Dr Miami Beach FL 33139 -1819 TRANSACTION POSTING DATE SUPPLIER NAME DATE ?f,egieCOCu II,c, f 17 . Parc(irising Card iq //•7 -, o: cna jISA MONTHLY ACCOUNT STATEMENT Account Number XXXX - XXXX -XXXX -3160 Closing Date 01/15/2017 Amount Due $ 0.00 Payment Address SunTrust Bank P.O. Box 791250 Baltimore, MD 21279 -1250 SUPPLIER CITY SUPPLIER STATE AMOUNT Fund Department Object Code Project Employee Work Order /Misc 12/19 12/20 Paypal *everglades 402 -935 -7733 CA 011 0940 00034 -3 342. 9999999999 043755 99999999999 4y,2- Li lI ,T,449 . t ,aayci�._.14F.F'j'Sh .. e@le14 . $ 460.26 $ 460.26 12/19 12/20 Sq *tat12084 @hotmai Miami Beach FL $ 1,100.00 011 0940 000343 9999999999 043755 99999999999 $ 1,100.00 Comments: 319 - Lane /?a, - Dry /9x /..0acc- ,fak- hv�nesnsi . I3etc,E Sly ai 11 9� IIE 11 158243160 -3160- 170115 Page 1orI Date: 12/09/2016 INVOICE Invoice # 004 PRISTINE IRRIGATION & LAWN MAINTENANCE To: CITY OF MIAMI BEACH 3391 SE 5TH STREET 1700 CONVENTION CENTER DR. HOMESTEAD, FL 33033 MIAMI BEACH FL 33139 786- 269 -4577 VINCEMUTA @MIAMIBEACHFL.GOV PRISTINEMAINTENANCEI@GMAIL.COM Customer ID: 003 sq It Mt-1).168g e, horytx. Salesperson Job Payment j DueDate Terms I i PRISTINE IRRIGATION & LAWN SERVICE. 1 PALM TREE 1 1REMOVAL CREDIT ' 12/19/2016 CARD `i' Description QTY 1 UnitPr ice $1,100.00 LineTotal $1,100.00 ELLE ISLE PARK — DWARF FAKAHATCHEE GRASS AND RAILROAD VINE GROUND COVER INSTALLATION TOTAL $1,100.00 Thank you for your business! CO 19'61- --P X44' • 3/2- i SUNTRUST James Muia 1700 Convention Center Dr Miami Beach FL 33139 'urcIiasing Card o� 0607 r 0..504m VISA • MONTHLY ACCOUNT STATEMENT Account Number XXXX - XXXX -XXXX -6109 TRANSACTION POSTING DATE SUPPLIER NAME DATE 3 Closing Date 01/15/2017 Amount Due $ 0.00 Payment Address SunTrust Bank P.O. Box 791250 Baltimore, MD 21279 -1250 SUPPLIER CITY SUPPLIER STATE AMOUNT Fund Department Object Code Project Employee Work Order /Mlsc 12/19 12/21 Ace Hardware - Miami B Miami Beach FL 011 0950 000343 9999999999 053004 9999999999 3y.3 - Li NE Sq?— 5410-64 70064S/441042, i. Lw A Pry $ 65.79 $ 65.79 12/19 12/20 Paypal *everglades 402- 935 -7733 CA $ 1,800.00 011 0950 000343 312- 9999999999 053004 9999999999 $ 1,800.00 31Z - tine /% - vini & we oa seitid - pm - RA() s ...... . . 12/19 12/20 Paypal *everglades 402- 935 -7733 CA $ 903.39 011 0950 00033 312- 9999999999 053004 9999999999 $ 903.39 312- L4'ne / ?I - 2epL. oPEr. 's & ns ( iudie �rctigcs . 12/19 12/20 Sq *tat12084@hotmai Homestead FL 011 0950 000343 i-)A 9999999999 053004 9999999999 gai. 31/3 - UriiE A - Peanua gram ground atel -,tau 12/20 12/22 Ace Hardware - Miami B Miami Beach FL 011 0950 00034 Y12. 9999999999 053004 9999999999 3 ya - W u I - Too 5 fat. 9-0/A.1T Mt / z.Q.Cc -- Comments: 11 i Ell f� 11111111 210626109 -6109 170115 Page 1of1 111 II1I1N $ 2,000.00 $ E0.00 $ 199.99 $ 199.99 INVOICE PRISTINE IRRIGATION & LAWN MAINTENANCE 3391 SE 5TH STREET 1700 HOMESTEAD, FL 33033 786- 269 -4577 VINCEMUTA PRISTINEMAINTENANCEI@ GMAIL.COM .s M std' 20 8q e.k ri rant Salesperson I Jab Date: 12/09/2016 Invoice # 003 To: CITY OF MIAMI BEACH CONVENTION CENTER DR. MIAMI BEACH FL 33139 @MIAMIBEACHFL.GOV Customer ID: 003 Payment Uuepate Terms PRISTINE IRRIGATION & LAWN SERVICE 1 PALM TREE REMOVAL CREDIT CARD 12/19/2016 Description J QTY UnitPr lice LineTatal $2,000.00 E'/ SOUNDSCAPE PARK — PEANUT GRASS GROUND COVER INSTALLATION 1 $2,000.00 ./ TOTAL - $2,000.00 Thank you for your business! / iet 109. V- rchasing Card SUNTRUST VISA E oPY JEREMY HINKLE 1700 Convention Center Dr hliam4 Beach FL 33139 -1919 TRANSACTION POSTING DATE SUPPLIER NAME DATE MONTHLY ACCOUNT STATEMENT Account Number XXXX- XXXX - XXXX -4462 Closing Date Amount Due 12/15/2016 $ 0.00 Payment Address SunTrust Bank P.O. Box 791250 Baltimore, MO 21279 -1250 SUPPLIER CITY SUPPLIER STATE AMOUNT Fund Department Object Code Project Employee Work Order /Mist 11/29 11/30 Sq *tati2084 @hotmail.Com Miami Beach FL $ 2,000.00 011 0950 000343 9999999999 049631 9999999999 $ 2,000.00 IPA- 3Y3 -/ P(cn1 claiTuayA scuds &.Q . 11/30 12/01 American Plumbing Miami Beach FL $ 175.10 011 0950 000v331Z 9999999999 049631 9999999999 $ 175.10 31(a - /I - LLtrri viu4 �"7z/z4,j )e c t-0ced s(? ft, . j'. 11/30 11/30 Readyrefresh By Nestle 800 -274 -5282 CA $ 19.99 011 0950 0003.43' -355 9999999999 049631 9999999999 $ 19.99 3 5 .5- y — A.) .5 D %' lw.g2 (d'z v-cf N) 12/09 12/11 Sunpass *acc19082192 888 - 865 -5352 FL $ 10.00 011 0950 000343 9999999999 049631 9999999999 $ 10.00 ..?t3 - `f 7 - ct npcvo cisi9 the Comments: 1I R 11 1 rz //g /16 . hill 177914462- 4462 - 161215 Page 1 oi' I 11111 11 i d INVOICE PRISTINE IRRIGATION & LAWN MAINTENANCE 3391 SE 5" STREET HOMESTEAD, FL 33033 786 - 269 -4577 PRISTINEMAINTENANCEl @GMAIL.COM rP ? Ail e k tna.e L . 61 aLip bow . PRISTINE IRRIGATION & LAWN SERVICE Date: 11/29/2016 Invoice # 002 To: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DR. MIAMI BEACH FL 33139 VINCEMUTA@MIAMIBEACHFLGOV Customer ID: 003 Payment DueDate Terms PALM TREE CREDIT REMOVAL CARD 11/29/2016 SOUNDSCAPE PARK — PEANUT GRASS GROUND COVER INSTALLATION 1 $2,000.00 $2,000.00 kfi v3 - 1 fict.6L7 d Lit s s . -0 TT j &•c_ in C/ 0 19CaAd TOTAL $2,000.00 0) A 4 , Thank you for your business! Human Resource - Attendance Review CITY OF MIAMI BEACH 10/01/2016 - 02/28/2017 [151 days] Report Dale: 02/07/2018 Report Time: 4:10:26 PM 15824 [NEWTON, EUGENE] Count HrsIMin 31 245 hrs 10 4 32 hrs N 0 CI CO M N r V r N V 0 N Newton, Eugene 401 [Park - Hourly] Friday Count HrslMin 6 44 hrs 9 N L co N 3 20 hrs 1 1 8 hrs 1 8 hrs Thursday Count Hrs /Min 6 48 hrs 11 1 8 hrs 4 28 hrs 10 f 1 8 hrs co (0 to L M ` = 00 Wednesday 0 N LL 3 U 1 1 8 hrs 1 1 8 hrs L co Tuesday Count Hrs /Min 6 48 hrs 13 5 40 hrs 0 v: LL 2 16 hrs 1 1 8 hrs t0 Ts 0 O 2 Count Hrs /Min 7 56 hrs 28 1 8hrs 3 24 hrs c0 r 1 8 hrs .¢ C 3 co U N u. U Full Name Pay Policy By Category 0 [WKHR] 0 Q N Y U C7 5 [ADMH] 7 (MAP] _ 30 [FSIC1 77 [TERM] 3 J 0 S O O G < > U > 15824 l 2 [Flsa Eligible] CO O < .__ y 3 3 3 < 3 U < 15 j C > r 0 < Badge Number Pay Type Holiday Rule 3 3 3 3 O 1 3 0 < > < > Z < U 0 15824 [ Park Opts Supervisor LL g a '7 0 co to co O V 0 << C.) < 0 cn `Q 0 N K w s3 U i U. w 1- 0 CC w 3 > K F 0 < > U t%) LL cC w ~ U < > U N LL October 2016 November 2016 December 2016 January 2017 Employee 10 Job Title] Shift Number Totals Count HrsIMin 31 245 hrs 10 4 32 hrs 20 152 hrs 11 1 8 hrs L Co 2 11 hrs 50 l 7 56 hrs Saturday Count Hrs /Min Friday Count HrslMin 6 44 hrs 9 N L co N 3 20 hrs 1 1 8 hrs 1 8 hrs Thursday Count Hrs /Min 6 48 hrs 11 1 8 hrs 4 28 hrs 10 f 1 8 hrs co (0 to L M ` = 00 Wednesday Count Hrs /Min 6 48 hrs 9 5 40 hrs 1 1 8 hrs 1 1 8 hrs L co Tuesday Count Hrs /Min 6 48 hrs 13 5 40 hrs 2 16 hrs 1 1 8 hrs t0 Ts 0 O 2 Count Hrs /Min 7 56 hrs 28 1 8hrs 3 24 hrs c0 r 1 8 hrs .¢ C 3 co unt Hrs /Min 1 By Category 0 [WKHR] O Q N Y U C7 5 [ADMH] 7 (MAP] _ 30 [FSIC1 77 [TERM] N O Human Resource - Attendance Review CITY OF MIAMI BEACH 10101/2016 - 02/26/2017 [151 days] END OF REPORT Human Resource - Attendance Review Vince Muia 3410 Coral Way Apt. 807 Coral Gables, FL 33145 January 16, 2017 Dear Jose Del Risco, I regret to inform you that I will be resigning my position as Parks Superintendent for the City of Miami Beach. This letter will serve as my two weeks' notice and my last day will be January 27 "', 2017. Thank you for the opportunity for letting be a part of a-great city. Sincerely Vince Muia /74;€;x'Alit Exhibit 6 MIAMIBEACH PARKS AND RECREATION DEPARTMENT November 3, 2017 RE: NOTES FROM MEETING WITH DOUGLAS TRIPODO REGARDING PERFOMANCE DEFICIENCIES • Gave Lucy /Housing wrong dates in reference to opening of North Shore Open Space Park. • Provided wrong numbers for Miami Beach High's field renovation. • Everglades went over their PO amount. • Told Derrick he was already on site reviewing sod at Lummus Park, when Derrick called him after we got off the phone. • Have to follow up on each item, otherwise nothing gets done. • Asked numerous times for an incident report when he approved $20k+ in work that was never done. • Assured me Collins Park would be done. • Approved sod work at Buoy without notifying anyone. • Altos Del Mar was not taken care after it was explained to him that direction came from City Manager. • Spoke with candidate about a classified position and advised him he had the job without interviewing him. • Never turned off irrigation at NSPYC. • Was not out in field during hurricane. Had no idea where Everglades Superior dump trucks were. • Never followed up on Collins Park to ensure job was completed Sunday. • Laid sod before coquina at North Shore Park and damaged it. • Moved sand to North Shore Open Space Park and park maintenance yard without approval from Environmental. JDR Exhibit 7 Peron - Sellan, Vianca From: Sepulveda, Yvonne Sent: Wednesday, November 29, 2017 8:34 AM To: Peron - Sellan, Vianca Cc: Tripodo, Douglas Subject: Friendly Reminder - Change Orders - Today is last day to submit as per Procurement? Importance: High Dear Vianca: We have two Change Orders Pending: Hurricane Irma — CLEAN -UP PARKS - Purchase Order 20172131— Everglades — Amount to increase: $ 120k — We submitted request to you on November 6, 2017. Hurricane Irma — CLEAN -UP PARKS - Purchase Order 20172151— Superior — Amount to increase: $ 40K — We submitted request to you November 6, 2017. Can you please let us know status? We have some Invoices to pay under the above (two) to PO's. Thanks and Happy Wednesday! iA RfACH Yvonne Welcker Sepulveda PARKS MAINTENANCE DIVISION PARKS AND RECREATION DEPARTMENT 2100 Meridian Avenue, Miami Beach, FL 33139 Tel: 305.673.7000 ext 2615 1 www.miamibeachfl.gov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community 1 Exhibit 8 MIAMIBEACH 9 EM REQ # - LOG # CODE DEPARTMENT OF EMERGENCY MANAGEMENT REQUISITION WORKSHEET Parks and Recreation 02/07/2018 Initiator: Date: Project Tracking #: F.O.B.: Del. Date: 20172131 Posted on: Payment Reference (P -card or PO #): 011- 0950- 000325 93,810.00 G/L Account No: AMOUNT: $ Everglades Environmental Care, Inc. 12818 Vendor Name: Vendor #: P.O. Box 297200 Suite #: Address: Pembroke Pines FL 33029 City: State: Zip Code: Phone: CATALOG # UNIT DESCRIPTION UNIT PRICE QTY TOTAL Invoice 16109 Hurricane Irma Cleanup 0.00 10/5/17, 10/6/17, 10/7/17, 10/11/17, 0.00 10/12/17, 10/13/17, and 10/14/17 57,535.00 1 57,535.00 0.00 0.00 Invoice 16188 Hurricane Irma Cleanup 0.00 10/23/17, 10/24/17, 10 /25/17, 10/26/17, 0.00 10/27/17, 10/30/17, 10/31/17, 11 /1 /17, 0.00 11/2/17 and 11/3/17 36,275.00 1 36,275.00 0.00 0.00 0.00 Shipping 0.00 Tax * EXEMPT 0.00 Total 93,810.00 JUSTIFICATION Requesting a Change Order to PO # 20172131 in order to pay pending invoices for additional Hurricane Irma Cleanup services. These services were found needed as vendor performed approved work throughout various parks. The Parks Superintendent at the time approved the additional work as outlined above. The invoices remained unpaid since the Parks and Recreation Department was unable to identify funding for the change order. The vendor is informed of the delay. Parks and Recreation Department has been working with OBPt to identify funding and is now requesting a change order to pay these pending invoices. SIGNATURES: ice of the Director / Date Date: 917 Finance /Logistics Manager / Date Please attach all back -up documentation, receipts, invoices, etc. Scan and submit hardcopy in the mailbox located at the Finance Section (ext. 6572) for processing. * ATTACHMENTS SHOULD NOT HAVE SALES TAX, USE FEDERAL ID #59- 6000372 TAX EXEMPT #85- 8012621639 -9 * Code: AD: Administration; CU: Communications (CWP /PSCU); FI: Finance; HS: Homeland Security/Safety; LG: Logistics; MR: Mitigation /Recovery; OD: Office of the Director; OP: Operations; PL: Planning MIAMIBEACH DEPARTMENT OF EMERGENCY MANAGEMENT EM REQ # 9 LOG # CODE REQUISITION WORKSHEET Parks and Recreation 02/07/2018 Initiator: Date: Project Tracking #: F.O.B.: Del. Date: 20172151 Posted on: Payment Reference (P -card or PO #): 011- 0950- 000325 43,168.75 G/L Account No: AMOUNT: $ Superior Landscaping & Lawn Services 16192 Vendor Name: Vendor #: Suite #: Address: P.O. Box 35 -0095 33135 City: Miami State: FL Zip Code: Phone: CATALOG # UNIT DESCRIPTION UNIT PRICE QTY TOTAL Invoice 50236 Hurricane Irma Cleanup 9/12/17 4,440.00 1 4,440.00 0.00 Invoice 50229 Hurricane Irma Cleanup 9/19/17 4,625.00 1 4,625.00 0.00 Invoice 50296 Hurricane Irma Cleanup 0.00 9/20/17, 9/21/17, 9/22/17, 9/23/17, 0.00 9/24/17, 9/25/17, 9/26/17, 9/27/17, 0.00 9/28/17, 9/29/17, 9/30/17, 10/01/17, 0.00 10/02/17, 10/03/17, 10/04/17, and 10/05/17 34,103.75 1 34,103.75 0.00 0.00 0.00 Shipping 0.00 Tax * EXEMPT 0.00 Total 43,168.75 JUSTIFICATION Requesting a Change Order to PO # 20172151 in order to pay pending invoices for additional Hurricane Irma Cleanup services. These services were found needed as vendor performed approved work throughout various parks. The Parks Superintendent at the time approved the additional work as outlined above. The invoices remained unpaid since the Parks and Recreation Department was unable to identify funding for the change order. The vendor is informed of the delay. Parks and Recreation Department has been working with OBPI to identify funding and is now requesting a change order to pay these pending invoices. SIGNATURES: Initiator: Ulanc.ci Percx).-Setictr1 ffice of the Director / Date Date: a� -i� 1$ Finance /Logistics Manager / Date Please attach all back -up documentation, receipts, invoices, etc. Scan and submit hardcopy in the mailbox located at the Finance Section (ext. 6572) for processing. • ATTACHMENTS SHOULD NOT HAVE SALES TAX, USE FEDERAL ID #59- 6000372 TAX EXEMPT #85- 80126216390 -9 * Code: AD: Administration; CU: Communications (CWP /PSCU); FI: Finance; HS: Homeland Security/Safety; LG: Logistics; MR: Mitigation /Recovery; OD: Office of the Director; OP: Operations; PL: Planning Rebar, John From: JoseDelRisco @miamibeachfl.gov Sent: Monday, November 20, 2017 5:58 PM To: Rebar, John Subject: FW: Art Basel FYI sir. From: Del Risco, Jose Sent: Saturday, November 18, 2017 10:05 AM To: Fulgueira, Javier; Plotkin, Andrew; DaCruz, Carlos; Cummins, Brett; Tripodo, Douglas; Torres, Alexander; Harris, William Subject: Art Basel Good morning gentlemen, Art Basel is right around the corner. Since this is one of the most important events for the City, we have to ensure our parks look their absolute best. Particular emphasis has to be placed on Soundscape, Collins, Lummus, South Pointe, and any site where event activation will take place. If you deem last minute special projects are needed to get us where we want to be for Basel, send the requests my way by Monday to get the ball rolling. These are our parks and we will be held 100% responsible for their condition. Have a nice weekend. Jose MIAMIBEACH Jose del Risco, Assistant Director DEPARTMENT OF PARKS & RECREATION 1701 Meridian Avenue. Suite 401 Miami Beach. FL 33139 Tel: 305 -673 -7000, Extension 6276 Fax: 786 - 394 -4448 www. miamibeachtl. gov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. 1 Exhibit 9 Rebar, John From: DouglasTripodo @miamibeachfl.gov Sent: Monday, November 20, 2017 4:35 PM To: Rebar, John Subject: Re: Special Event Permit - ART BASEL IN MIAMI BEACH 2017 Attachments: image002.jpg; image004 jpg Hi John, I do not, but myself and Jeremy have been working with Dana Thompson to get everything ready leading up to the event. We are trimming this week and prepping with superior. Douglas Tripodo Superintendent of Parks City of Miami Beach 1701 Meridian Ave Suite 401 Miami Beach Fl 33139 On Nov 20, 2017, at 4:11 PM, Rebar, John <iohnRebar@miamibeachfl.gov> wrote: Ho Doug not sure if you get these. Basel is one of our "Super Bowls" we need to shine. Thanks, John [Cropped- fox -E- signature- MiamiBeachLogo_Green250pxj John Rebar, Director Parks & Recreation Department 1701 Meridian Avenue, Suite 401, Miami Beach, FL 33139 Tel: 305 - 673 -7730 / Fax: 786 -394 -4363/ www.miamibeachtlgov<http://www.miamibeachfl.gov/> We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. From: Winick, Graham Sent: Friday, November 17, 2017 5:31 PM To: Nodarse, Linette; Alex Perez; Beltran, Monica; Berthier, Melissa; Brito, Maybel; Brooks, Kathie; Canosa, Vincent; Carballo, Amanda; Cardeno, Hernan; Carpenter, Eric; Casanova, Cynthia; Claire Thomlin; Clark, Michael; Clements, Rick; CODE_SUPERVISORS; Correa, Nelida; Couso, Marcel; Curitore, Thomas; Daniels, Tonya; De La Espriella, David; Dike, Charles; Ferrer, Josiel; Fink, Jay; Fire Special Events; Firtel, Lauren; Fontani, Diana; Frances, Saul; Fulgueira, Javier; Gil, Tony; Gonzalez, Antonio; Gonzalez, Jose R.; Guerrero, Samir; Hall, Borinquen; Joy Martin; Linares, Jorge; Lipner, Shari; Lucas, Jennifer; Majstorovic, Milos; Martinez, Dayanes; Meizoso, Juan; Mejia, Valeria; Melissa Castillo; Mestas, Juan; Milisits, Mark; Monserrat, Marcia; Morales, Adrian; Mowry, Bruce; Osbourne, Carey; Peacock, Althea; Plotkin, Andrew; Price, Charlton; Rebar, John; Reddick, Brandi; Richard Kenny; Ripple, John; 1 Ritchey, Alfonso; Rivera, Michael; Rodriguez, Otniel; Rogers, Christine; Rosario, Juan; Saba, Daphne; Santos, Alicia; Schoenfeld, Mark; Silverstein, Eva; Simon, Doug; Smith, Rouselind; Sosa, Ariel; Steve Sider (sidernmiamidade.gov); Taxis, Mark; Tear, Charles; Varela, Kenneth; Vargas, Ellen; Ventura, Alberto; Wells, Margarita; Wheaton, Elizabeth; Wong, Luis; Zamora, Alberto Cc: Guerrero, Sarnir Subject: Special Event Permit - ART BASEL IN MIAMI BEACH 2017 Hello everyone, Please find attached the Special Event permits for Art Basel in Miami Beach, reflecting the following activations outside of the MBCC, which begins load in Monday, November 20, 2017. Collins Park — Art Public Soundscape — Public Sector/ Video Botanical Garden Washington Avenue — entry elements Convention Center Drive Should anyone have any questions, please do not hesitate to call Graham Winick at 786 -402- 1115 or Linette Nodarse at 786 -402 -1146. Thank you, [Cropped- for -E- signature- MiamiBeachLogo_Green250px] Graham Winick, Film and Event Production Manager TOURISM, CULTURE & ECONOMIC DEVELOPMENT 1700 Convention Center Drive, Miami Beach, FL 33139 (mailing address) 1755 Meridian Avenue, 5th FL (physical address) Tel: 305.673.7577 x6597 I Cell: 786.402.1115 1 www. miamibeachfl. gov <http: / /www.miam.ibeachfl.gov /> Film line: 305.676.7070 Twitter: MiamiBeachNews<http://twitter.com/miamibeachnews>IFacebook: City of Miami Beach <http:// www .facebook.com /cityofmiamibeach> YouTube: CityofMiamiBeach< http:// www .youtube.com/cityofiniamibeach> 1 Scribd: MiamiBeachNews<http://www.scribd.com/MiamiBeachNews>1Flicicr: City of Miami Beach <http: / /www.flickr.com /photos /cityofiniamibeach> We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. 2 <1■FOTouG Art Basel in Miami Beach (CP, BG, SP & Washington Ave )_2017 -11- 17_16 -58- 07.pdf> <image002 jpg> <image004 jpg> 3 Del Risco, Jose From: Tripodo, Douglas Sent Friday, December 08, 2017 8:12 AM To: Del Risco, Jose Subject: Re: Collins Park Attachments: IMG 0964JPG; IMG_0966.JPG; IMG_0967.JPG; IMG 0973.JPG; IMG 0978JPG Follow Up Flag: Follow up Flag Status: Flagged Jose, I agree there are some spots and we are addressing them this morning. But to use the general tern the park looks terrible you are just wrong on that. This park is 7 acres and with your opening statement you are implying the whole park. I will be onsite all day if you would like we can walk it together. Thanks Doug Douglas Tripodo Superintendent of Parks City of Miami Beach 1701 Meridian Ave Suite 401 Miami Beach Fl 33139 CeII 786 -570 -3470 On Dec 7, 2017, at 8:54 PM, Del Risco, Jose <JoseDelRisco@miamibeachfl.gov> wrote: Doug, The park is in terrible condition for Basel. None of the issues that we discussed during the walkthrough on Monday morning have been corrected, with the exception of the deep irrigation hole being filled (improperly). The pictures below are only some of the items, there are too many to fit in the email. At this point, it's so late in the game, that not much can be corrected. If anything can be fixed, it has to be tomorrow morning between 3 am and no later than 9. I will pass by tomorrow again. Thanks, Jose 2 MIAMIBEACH Jose del Risco, Assistant Director DEPARTMENT OF PARKS & RECREATION 1701 Meridian Avenue, Suite 401 Miami Beach, FL 33139 Tel: 305- 673 -7000, Extension 6276 Fax: 786 - 394 -4448 www.miamibeachfl.gov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. 4 Del Risco, Jose From: Sent: To: Del Risco, Jose Thursday, December 14, 2017 8:02 PM Rebar, John L cL "-2. Er -2frvzct.'► (-'e`.P 47, t1 Vt r. t2 e lam. r2 . 1 MIAMIBEACH Jose del Risco, Assistant Director DEPARTMENT OF PARKS & RECREATION 3 1701 Meridian Avenue, Suite 401 Miami Beach, FL 33139 Tel: 305 - 673 -7000, Extension 6276 Fax: 786-394-4448 www.miamibeachfl.gov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. 4 Del Risco, Jose From: Sent: To: Del Risco, Jose Thursday, December 14, 2017 8:03 PM Reber, John MIAMIBEACH Jose del Risco, Assistant Director DEPARTMENT OF PARKS & RECREATION 1701 Meridian Avenue, Suite 401 Miami Beach, FL 33139 Tel: 305- 673 -7000, Extension 6276 Fax: 786- 394 -4448 www.miamibeachfl.gov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. 3 Del Risco, Jose From: Sent: To: • " •e- ••".- • f.•,* • ;.•-• Del Risco, Jose Thursday, December 14, 2017 8:00 PM Rebar, John -511-4; •••• *•,-^st•"% •*•‘-•••• ;L. .7• •X 4•3 • t^ • • . • Of& • ,• c 'Z. :)," • • -.at:. ". = i-^i1••••• •-• , • *&.‘•?1.!!,•*t.i. • - , '• •••T- • • 117.7,10W ,,,.. • NI • •tr. t • z•••• Ind •■• •1I••-••••,, AtA too tr, vv. 144 rir ,+51 ir' 2 MIAMIBEACH Jose del Risco, Assistant Director DEPARTMENT OF PARKS & RECREATION 1701 Meridian Avenue. Suite 401 Miami Beach, FL 33139 Tel: 305 -673 -7000, Extension 6276 Fax: 786 - 394 -4448 www.miamibeachfl.gov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. 3 Del Risco, Jose From: Sent: To: Del Risco, Jose Thursday, December 14, 2017 8:04 PM Rebar, John a • ..,11.14,yea�11s a ■4 r::;11: i''lli�iS3�l ` �f1�� ` 1s � i! 1l)i�..iEl9� a111�i!i�t Pad Exhibit 10 2 MIAMIBEACH Jose del Risco, Assistant Director DEPARTMENT OF PARKS & RECREATION 3 1701 Meridian Avenue, Suite 401 Miami Beach. FL 33139 Tel: 305- 673 -7000, Extension 6276 Fax: 786-394-4448 www.miamibeachfl.gov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. 4 Del Risco, Jose From: Sent: To: Del Risco, Jose Thursday, December 14, 2017 8:05 PM Rebar, John 1 MIAMIBEACH Jose del Risco, Assistant Director DEPARTMENT OF PARKS & RECREATION 3 1701 Meridian Avenue, Suite 401 Miami Beach, FL 33139 Tel: 305- 673 -7000, Extension 6276 Fax: 786- 394 -4448 www.miamibeachtl.gov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. 4 Rebar, John From: Rebar, John Sent: Wednesday, November 01, 2017 8:54 PM To: Tripodo, Douglas Subject: Re: More Mulch? Thanks! On Nov 1, 2017 7:24 PM, "Tripodo, Douglas" <DouglasTripodo @miamibeachfl.gov> wrote: John We will take care of this tomorrow. Doug Sent from my iPhone On Nov 1, 2017, at 8:58 AM, Rebar, John <JohnRebar @miamibeachfl.gov> wrote: NSPYC Playground. Could we get more mulch? Thanks, John e iimage003.jpg> John Rebar, Director P acks & Recreation Department 1701 Meridian Avenue, Suite 401, Miami Beach, FL 33139 Tel: 305- 673 -7730 / Fax: 786-394-4363/ www.miamibeachtl.gov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant tropical, historic community. <20171030_082831.jpg> 1 Exhibit 11 Reber, John From: Rebar, John <JohnRebar @miamibeachfl.gov> Sent: Tuesday, November 21, 2017 12:09 PM To: Tripodo, Douglas Subject: RE: Vandalized trees at Altos Thank you t' AiAivo BEACH John Reber, Director Parks & Recreation Department 1701 Meridian Avenue, Suite 401, Miami Beach, FL 33139 Tel: 305 - 673 -7730 / Fax: 786 - 394 -4363/ www.miamibeachfl.gov We are committed to providing excellent public service and safety to all who five, work and play in our vibrant. tropical, historic community. From: Tripodo, Douglas Sent: Tuesday, November 21, 2017 12:04 PM To: Rebar, John Subject: FW: Vandalized trees at Altos FYI Ric is working up there this afternoon on this. Doug MIAM BEACH DOUGLAS TRIPODO SUPERINTENDENT OF PARKS PARKS AND RECREATION DEPARTMENT 1701 Meridian Avenue Suite 401 Miami Beach, FL 33139 Cell: 786 - 570 -3470 Tei: 305.673.7000 ext 2615 j www.miamibeachfl.gov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. From: Hinkle, Jeremy Sent: Tuesday, November 21, 2017 10:03 AM To: Tripodo, Douglas Subject: Vandalized trees at Altos Doug, Here are pies of the trees that were unnecessarily cut up at Altos. 1. Exhibit 12 Sent from my iPhone Jeremy Hinkle, Parks Operations Supervisor ISA- FL5611A, FNGLA- H346418, FLORIDA 0/T- PB9697 PARKS MAINTENANCE DIVISION PARKS AND RECREATION DEPARTMENT 1701 Meridian Ave ,suite 401 Miami Beach, FL 33139 Tel: 305.673.7000 ext 2601/ Cell: 786-412-1742/1 www.miamibeachfl.gov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. 4 Rebar, John From: DouglasTripodo @miamibeachfl.gov Sent: Monday, November 27, 2017 9:29 AM To: Rebar, John Subject: RE: Altos Del Mar Park Thanks, I am glad you sent me this so I have an idea of what's coming. Mike's map apparently is an old one that why its shows up as greenspace area. I will confirm with you later when it is done. „4 ! B EAc H DOUGLAS TRIPODO SUPERINTENDENT OF PARKS PARKS AND RECREATION DEPARTMENT 1701 Meridian Avenue Suite 401 Miami Beach, FL 33139 Cell: 786 - 570 -3470 Tel: 305.673.7000 ext 2615 I www.miamibeachfl.nov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. From Rebar, John Sent: Monday, November 27, 2017 9:22 AM To: Tripodo, Douglas Subject: RE: Altos Del Mar Park This may have been tweaked since going to HPB but this gives you an idea of the park area. This is a big file, you may want to save it and remove from email so it doesn't fill up you inbox. Thanks, John ^AiAA!!1 P AC John Rebar, Director Parks & Recreation Department 1701 Meridian Avenue, Suite 401, Miami Beach, FL 33139 Tel: 305- 673 -7730 / Fax: 786-394-4363/ www.miamibeachfl.gov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community From: Tripodo, Douglas Sent: Monday, November 27, 2017 8:26 AM To: Rebar, John Subject: RE: Altos Del Mar Park Mike Atkins who returned from vacation today informed they are in the greenspace swail area. He told me he will have a crew remove them this afternoon and continue with removal tomorrow. So I will follow up with him later and send you a progress. I have to say I am awaiting many answers from Omar and it is becoming problematic. 1 DOUGLAS TRIPODO SUPERINTENDENT OF PARKS PARKS AND RECREATION DEPARTMENT 1701 Meridian Avenue Suite 401 Miami Beach, FL 33139 Cell: 786 - 570 -3470 Tel: 305.673.7000 ext 2615i vwwv.miamibeachfl.aov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. From Rebar, John Sent: Monday, November 27, 2017 8:21 AM To: Tripodo, Douglas Cc: Del Risco, Jose Subject: Re: Altos Del Mar Park Hi Doug. If I give the green light could you address today? On Nov 27, 2017 6:58 AM, "Tripodo, Douglas" < DouglasTripodo @miamibeachfl.gov> wrote: He did the ones in the front the sea grapes they are talking about are way in the back by the dunes I reached out to Omar last week who has been unresponsive for removal sign off as they are dry and should not be stood back Douglas Tripodo Superintendent of Parks City of Miami Beach 1701 Meridian Ave Suite 401 Miami Beach Fl 33139 On Nov 26, 2017, at 9:33 PM, Del Risco, Jose <JoseDelRiscol7miamibeachfl.gov> wrote: Hi Doug, Rick didn't take care of them? If not, let's get them out tomorrow. Thanks MIAMIBEACH Jose del Risco, Assistant Director DEPARTMENT OF PARKS & RECREATION 1701 Meridian Avenue, Suite 401 Miami Beach, FL 33139 Tel: 305- 673 -7000, Extension 6276 Fax: 786 - 394 -4448 www.miamibeachfl.gov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. Begin forwarded message: From: "Rebar, John" <JohnRebar @miamibeachtl.gov> Date: November 26, 2017 at 4:10:19 PM EST To: "Del Risco, Jose" < JoseDelRisco@miamibeachfl.gov> Subject: Fwd: Altos Del Mar Park 2 Forwarded message From: "Morales, Jimmy" <JimmyMorales @miamibeachfl.gov> Date: Nov 26, 2017 3:19 PM Subject: Altos Del. Mar Park To: "Rebar, John" <JohnRebar@miamibeachfl.gov >, "Casanova, Cynthia" < CynthiaCasanova @miamibeachfl.gov >, "Knowles, Rodney" < rodneyknowles @miamibeachfl.gov >, "Martinez, David - CIP" <DavidMartinez @niamibeachfl. gov> Cc: "Monserrat, Marcia" < MarciaMonserrat @,miamibeachfl.gov> The downed sea grape trees need to be removed or stood up. I saw at least 3. They are creating hidden havens for the homeless and crooks. Let's get on this. Thanks. Jimmy Sent from my iPhone 3 Del Risco, Jose From: Tripodo, Douglas Sent: Friday, December 01, 2017 6:48 PM To: Del Risco, Jose Subject: Re: Emergency Services Clause No problem and thank you for your support on the Reorg. I think we can make this work with the proper thought with Personel. We are meeting on Monday to talk about the staff and I will send you over the final on our end for your comments and approval. Thanks Doug Douglas Tripodo Superintendent of Parks City of Miami Beach 1701 Meridian Ave Suite 401 Miami Beach FI 33139 Cell 786 - 570 -3470 On Dec 1, 2017, at 6:45 PM, Del Risco, Jose <JoseDelRisco@miamibeachf.gov> wrote: Thanks sir From: Tripodo, Douglas Sent: Friday, December 01, 2017 6 :41 PM To: Del Risco, Jose Subject: Re: Emergency Services Clause Great I will call them on Monday and let them know we are both on the same page. From their if I feel they are not responsive then I think you will have to step in. I will brief you after the call Douglas Tripodo Superintendent of Parks City of Miami Beach 1701 Meridian Ave Suite 401 Miami Beach FI 33139 Cell 786 - 570 -3470 On Dec 1, 2017, at 6:33 PM, Del Risco, Jose <JoseDelRisco @miamibeachfl.gov> wrote: Share your proposed language with Superior and Everglades and explain we plan on renewing for one more year. Let me know if you want me present; otherwise, let me know the outcome. We need to get the renewal going. 1 Exhibit 13 Meeting, January 10, 2013 between Ida Smart and On January 10, 2013 a meeting was held at 21g Recreation Center at 11:00 AM. Attendees included . s, Ida Smart, Julio Magrisso, Ellen Vargas, and AFSME Union Stewards: John Thompson, Perm Terry, and Evette Phillips. The purpose of the meeting was to discuss the incident(s) that occurred between and Ida Smart while at work at the Scott Rakow Youth Center. Each party was given an opportunity to present their side of the story on what occurred on that day, and show us any documentation they felt we should be aware of. After hearing both sides, both management and the union agreed the actions and inappropriate comments that occurred between Ida Smart and was a result of a their former friendship and was not work related, although everyone acknowledged it happened at work. Management has chosen not to discipline either employee, and the Union has agreed with this determination. Everyone agreed these statements will be placed in their employee files with the understanding that any future incidents would result in employee discipline. Both and Ida Smart agreed with our determination and future actions. hOlkj Vcr2 Exhibit 14 Statement by ,... ...... _..s 1/10/2013 This statement was read at the meeting 1/10/2013. In attendance was myself, Ellen Vargas, Julio Magrisso, Ida Smart, Yvette Phillips, John Thomas, and Perm. I want to say thank you to everyone for finally meeting to resolve this issue with Ida and myself. It has been about 5 months now and several attempts to resolve. I did not think this situation could have happened at such an inopportune time, our facility, community and country has been experiencing so many other sad and heartfelt tragedies. That hopefully we can focus on those that need our help and attention but I do understand that this situation which is very personal to Ida and I both carries its own weight. I sincerely apologized to Ida and Ms. Vargas after the event took place and again I apologize because Ms. Vargas you are a great supervisor and fair to all you supervise. Ida you hurt me, used me, and cared only about yourself which I never felt that way until all this happen. And I apologize to you for disrespecting you, since I thought you were my friend, but you made it clear to me that "You were never my mother - fucking friend!" during our dispute. Ida, me never your friend, WOW!!! Since you started working here we have gone and done so many things that I felt made me believe we were friends: shopping, grocery store, laundry mat, family events, lunch, parties, clubs, we shared very personal stories and information, joking each other and helping each other during difficult personal struggles, and I'm not your friend ? ?? That hurt... To AFSCME: I feel so.betrayed as a member not to have you come to me and hear my side of what happened on the day in question. You treated me only as a supervisor who you think did something wrong to an employee and should be dealt with, not as a fellow AFSME member. On the day in question, I was at the control desk helping a customer, Ida walked passed and shared with me that the patio area was a mess. I told her to look at the lunch schedule to see what group was last in the area and have them clean the area up. Ida went out to the patio and approached Coach Vivian and they apparently exchanged words about cleaning the area. Ida came back to me at the control desk very upset that Coach Vivian had got upset first about the patio area being dirty. I told Ida that you shouldn't be mad or expect Coach Vivian to clean up if she didn't make the mess. Ida began disrespectfully waving her hands at me as she walked away saying that "I should have known that you wouldn't understand me and take her side." I said to Ida "girl you need Jesus." Ida proceeded to enter the elevator and yelled back at me "your momma needs Jesus" as the elevator doors closed. I said excuse me to the customer and I then walked up stairs to speak to Ida. As I entered the game room two kids were entering the media room with their group. I walked towards the end of the game room (not in ear view of the children) and approached Ida who was opening the storage room closet. I told her "bitch don't say shit else to me again." She said to me "what did you say ?" I said "bitch don't say shit else to me." She said "oh come on" and went to tell Ms. Vargas. I didn't follow her I went back down stairs and continued to help the customer. Shortly after, Ms. Vargas called me up to her office. Ellen called for Darlene to come to her office, and attend the meeting with Ida and me. Ellen then listened to both sides of the story and counseled us both. Darlene had commented on how we had to communicate with each other better. At that time I thought it was over but then the gossip started and now we are here. In response to Ida's claim that I called her a whore and continually call her names and disrespected her as her supervisor. This is my side of the story: Ida and continually have gone to lunch and we joke and tease each other. On another day I said something inappropriate was when Yolanda, Ida and I were about to go to lunch together. I was called up to the office for something and not even two minutes later realized that they had gone to lunch without me. I called them on the phone and asked where they were? She replied laughing we left, I replied "ya'll hoes left me" and that was it. It was said in a friendly way that's all. Several weeks past and I realized that Ida was being different to me. I asked her what was up she said that she was fine. Several staff approached me asking what I had done to her. l had no idea that it was because of the hoe situation because so much time had passed. I asked Yolanda why Ida was acting funny to me she expressed that it was because of that hoe situation and I then went to her along with Darlene and we talked about it. We hashed it out, we both apologized and 1 thought it was over. Also, I never threaten, yelled, and or rushed her, like she said. She continually bullies staff. We both have said things to each other jokingly or inappropriately as friends but never work related. / `/o l /4 OF %w' `. - 14 /10 414 -. i . fir► ; o '''''.7910S4 .._— % '`' is , > ,. g., -" _6h,49 A Ate ' 87" 614/ Q24 /64m2/14 44,4tAi , • , li 1 _ A. ,, /j , , l / 1 / . / ' " / • 1 h'4e 1 i 7 // at I 10A 5-4 4 / II''. 1 497z. A fi A J 1 1 1 Rick Scott rna Stale of 31orida Florida Commission on Human Relations an equal Opportunity employer • 2 fJirmaliue ✓lion Employer FCHR No. 201700326 EEOC No. 15D201700241 Ms. Ida M. Smart 1205 N.W. 103rd Street Miami, FL 33147 4075 Esplanade Way • Room 110. Tallahassee, Florida 32399 -7020 Rebecca w Steele (850) 48&7082 / FAX: (850) 487 -1007 mat. httoJffchr cra +p a ,l Michelle United in One Goof: Equal Wilson 4 Opportunity and Mutual Respect Eutaw rilircck. COMPLAINANT City of Miami Beach c/o Ms. Lana Remand RESPONDENT Hernandez, Labor Relations Specialist 1700 Convention Drive 3rd Floor Miami Reach, FL 33139 NOTICE OF DETERMINATION. NO REASONABLE CAUSE The Florida Commission on Human Relations has determined that there is no reasonable cause to believe that an unlawful practice occurred. A copy of the determination is attached. Complainant may request an administrative bearing with the Division of Administrative Hearings by filing a Petition for Relief within 35 days of the date the determination was signed by the Executive Director. A blank Petition for Relief form is enclosed with Complainant's notice. It may be beneficial for Complainant to seek assistance from legal counsel prior to filing the petition. This determination of no reasonable cause will become final if Complainant does not file a Petition for Relief within 35 days, and the Commission will dismiss the complaint. The parties named in the determination may inspect the records and documents, in the custody of the Commission, which pertain to the determination. Please contact the Commission's Customer Service Office if you wish to request copies. 1 HEREBY CERTIFY that a copy of the foregoing Notice of Determination was mailed to the above -named addressees this dar •f # yl .fit , 20_IL pp ml ,, by U.S. Mail. Clerk of the Conunission COMMISSIONERS Derirk r. D•nicl DDcana Elam Tallahassee Mario Gans Dianne Goldenberg Tony Jenkins, Vice Chair Pon Richey Tampa Lake Worrh take Mary Latanya Peterson Jay Piebard Gilbert Singer Fleming Island Tallahassee B Rena Steele, Chair Sandra Turner Tampa Jacksonville Oviedo Exhibit 15 Rick Scott ema State of jl ori>da Florida Commission on Human Relations an Equal Ors"" fun employer • ./ f imraiiur ...Rdias Employer 4075 Esplanade Way • Room 110 • Tallahassee, Florida 32399 -7020 (850) 488 -7082 / FAX: (850) 487 -1007 ht te:l/fchr.state.n.us United In One Goal: Equal Opportunity, and Mutual Respect FCHR No. 201700326 EEOC No. 15D201700241 Ms. Ida M. Smart 1205 N.W. 103rd Street Miami, FL 33147 City of Miami Beach do Ms. Lana Hernandez, Labor eons Specialist 1700 Convention Drive 3rd Floor Miami Beach, FL 33139 COMPLAINANT RESPONDENT r, Rebecca Steele Qmir Michelle Wilson Eze i a Turda- .a= N rJ r- DETERMINATION. NO REASONABLE CAUSE t filed a complaint of discrimination alleging that Respondent violated the Florida Civil Rights 1992. The Florida Commission on Human Relations has completed its investigation of this matter. Act of subjected t worked for Respondent, a city agency, as a Municipal Service Worker ill. She alleged that she was disparate treatment based on her race and sex. Complainant fails to rove a Complainant claimed that she was not given opportunities to work overtime, while employees p� fade case. class worked overtime on a reegular basis n outside her protecten twelve occasions while an Respondent's records indicate that Complainant worked overtime on twelve on employes outside her protected class worked overtime on only two occasions. Complainant admitted that she turned down opportunities to work overtime due to personal reasons. Therefore, Complainant failed to provide evidence of similarly situated comparators outside her protected class who were treated more favorably or any other evidence of discrimination. Also, Complainant alleged that Respondent retaliated against her for filing a complaint with the EEOC. Complainant fails to prove a prima facie case because the evidence did not show that she suffered an adverse action. On the basis of the report from the Commission's Office of Employment Investigations and recommendation from the Commission's Office of General Counsel, pursuant to the authority delegated to me as Executive Director of the Florida Commission on Human Relations, I have determined that no reasonable cause exists to believe that an unlawful practice occurred. Michell Executive Director Dertek Qaatd Dr. Doane Elam Tallahassee Port Richey Lataoya Peterson Jay Pickard Fleming island Tallahassee Dated: COMMISSIONERS Mario Garza Tampa Gilbert Singer Tampa Dianne Gokteabere Lake Worth Rebecca Steele, Chair Jacksonville Tony Jenkins, Vice Chair Lake Mary Sandra Turner Oviedo °CITY OF MIAMI BEACH, FLORIDA HUMAN RESOURCES DEPARTMENT FINAL ACTION TO TERMINATE TO: LEE HOLMES Page 1 of 6 DATE: SEPTEMBER 11, 2014 Pursuant to the notice of intent to terminate issued by the City of Miami Beach and served upon you on August 19, 2014, attached hereto and incorporated herein as "Attachment 1," a pre - determination hearing was held on August 27, 2014. It has thus been determined that you will be removed from your position, as provided below. Suspension [ ] Name: Lee Holmes, #15930 Reduction in Pay [ ] Address: 9221 N.W. 17 Avenue Miami, FL 33147 Reduction in Class [ ] Classification: Municipal Service Worker II Removal [X] Status: Regular DISCIPLINARY ACTION: Pursuant to and in violation of the charges listed below, you are hereby terminated from your position with the City of Miami Beach. In accordance with Personnel Rule X, Section 2(a), any Appointing Officer may remove an employee in the Classified Service at any time for any cause which will promote the efficiency of the service. CHARGES: CHARGE I, CITY OF MIAMI BEACH WORK RULES, "ATTENDANCE ": Excessive absenteeism- ten (10) incidents or ten (10) days in a twelve (12) month period. CHARGE II, PERSONNEL RULE X, SECTION 2(b)15: Has been excessively absent. CHARGE III, PERSONNEL RULE X, SECTION 2(b)17: That he /she is antagonistic in his /her attitude toward his /her superiors or fellow employees, criticizing orders or rules issued and policies adopted by his /her superiors, or so conducts him /herself as to interfere with the proper coordination of the employees of the city to the detriment of efficient public service. CHARGE IV, PERSONNEL RULE X, SECTION 2(b)21: Has been guilty of gross negligence or gross inefficiency in the performance or his/her duties, where such negligence or inefficiency has or might result in loss or injury to the city, the public, or to persons or property affected thereby. CHARGE V, Prevention of Workplace Violence Policy: To promote and maintain a safe work environment for employees free from aggression, threats and violence, effectively manage critical workplace incidents dealing with actual or potential violence, and provide a coordinated and rapid response to such incidents.... The city prohibits any comments or behavior that could be perceived by a reasonable person as threatening or indicating possible violence. This may include but is not limited to verbal threats or gestures, abusive language, harassment, intimidation and physical altercation (e.g., shoving or fist fighting).... Violence, or the threat of violence, by or against any city employee or other person is unacceptable and contrary to city policy, and will subject the perpetrator to disciplinary action, up to and including dismissal and possible criminal charges. Distribution: Original: -Human Resources Department Copies: - Employee - Department Exhibit 16 `CITY OF MIAMI BEACH, FLORIDA HUMAN RESOURCES DEPARTMENT FINAL ACTION TO TERMINATE TO: LEE HOLMES SPECIFICATIONS: Page 2 of 6 DATE: SEPTEMBER 11, 2014 You are employed by the City of Miami Beach Parks and Recreation Department, Greenspace Management Division, as a Municipal Service Worker II. Under general supervision, your position requires you to operate maintenance equipment or drive a truck, perform advanced manual labor duties of a skilled and semi - skilled nature (Exhibit 1). As a city employee, you are required to comply with all city policies. A review of your personnel records reflects that on January 5, 2002, you received and signed for the City of Miami Beach policies, including but not limited to the work rules, attendance policy, city vehicles and equipment policy, and prevention of workplace violence policy. (Exhibit 2) A review of your personnel records reflects poor work habits. Your lack of commitment toward your job has negatively impacted the overall operation of your work unit. In a twelve month period, from May 5, 2013 to May 5, 2014, you have accumulated twenty -five (25) incidents, thirty -four (34) days of non - approved leave and sick leave. The twenty -five (25) incidents are as follows: June 14, 2013; June 27 & 28, 2013; July 1 & 2, 2013; July 12, 2013; August 1 & 2, 2013; August 14 & 15, 2013; September 5, 6 & 9, 2013; September 17, 2013; September 20, 2013; September 25, 2013(November 19, 2013; December 2, 2013; December 24, 2013; December 27, 2013; December 31, 2013; January 24, 2014; February 6 & 7, 2014; February 18 & 19, 2014; February 25, 2014; February 27 & 28, 2014; March 10, 2014; March 24, 2014; March 26, 2014; April 10, 2014; and April 18, 2014. (Exhibit 3) On October 28, 2013, you were issued a two (2) day suspension (16 hours) for excessive absenteeism for the following incidents: January 3 & 7, 2013; January 25 & 28, 2013; February 27 & 28, 2013; March 8, 2013; March 26 & 27, 2013; June 14, 2013; June 27, 2013 - July 1 & 2, 2013; July 12, 2013; August 1 & 2, 2013; August 14, 2013; September 5 & 9, 2013; and September 17, 2013. At that time, you were advised that your next absence would result in your termination. (Exhibit 4) On September 13, 2013, you received a supervisory review & counseling for failure to clock out. (Exhibit 5) On September 12, 2013, you were issued a written warning for excessive absenteeism for the following incidents: January 3, 4, & 7, 2013; January 25 & 28, 2013; February 27 & 28, 2013; March 8, 2013; March 26 & 27, 2013; June 14, 2013; June 27 & 28, 2013, July 1 & 2, 2013; July 12, 2013; and August 1 & 2, 2013. This written warning placed you on notice that your next incident would result in a three (3) day suspension. (Exhibit 6) On August 15, 2013, you were issued a verbal warning for excessive absenteeism for the following incidents: January 3, 4, & 7, 2013; January 25 & 28, 2013; February 27 & 28, 2013; March 8, 2013; March 26 & 27, 2013; June 14, 2013; June 27 & 28, 2013; and July 1 & 2, 2013. This verbal warning placed you on notice that your next incident would result in a written warning. (Exhibit 7) On July 10, 2013, you were issued a written warning for excessive absenteeism for the following incidents: August 1 & 2, 2012; August 6 & 7, 2012; August 16, 2012; August 20, 2012; January 3, 4, & 7, 2013; January 25 & 28, 2013; February 27 & 28, 2013; March 8, 2013; March 26 & 27, 2013; June 14, 2013; June 27 & 28, 2013; and July 1, 2013. This written warning placed you on notice that your next incident would result in a three (3) day suspension. (Exhibit 8) Distribution: Original: -Human Resources Department Copies: - Employee - Department CITY OF MIAMI BEACH, FLORIDA HUMAN RESOURCES DEPARTMENT FINAL ACTION TO TERMINATE TO: LEE HOLMES Page 3 of 6 DATE: SEPTEMBER 11, 2014 On June 19, 2013, you were issued a verbal warning for excessive absenteeism for the following incidents: August 1 & 2, 2012; August 6 & 7, 2012; August 16, 2012; August 20, 2012; January 3, 4, & 7, 2013; January 25 & 28, 2013; February 27 & 28, 2013; March 8, 2013; and March 26 & 27, 2013. This verbal warning placed you on notice that your next incident would result in a written warning. (Exhibit 9) Despite the aforementioned warnings issued to you on June 19, 2013, July 10, 2013, August 15, 2013 and September 12, 2013, you continued to be absent, knowingly violating the personnel rules, and attendance policy. During all of the instances you were provided with a copy of these rules and policies. They were also reviewed and discussed with you. In addition to your unacceptable pattern of absenteeism, you have also demonstrated a serious lack of judgment. On Monday, May 5, 2014, you were driving southeast in the 1400 block of Lummus Park. At the same time, civilian Loida Diaz was lying down on the park's grass approximately 10 -20 feet from the travel path of the vehicle you were driving. As you drove, you carelessly struck Ms. Diaz in the abdomen area with the right front tire. Although you immediately reversed the vehicle off the pedestrian and stayed on the scene to report the accident to a Miami Beach Police Officer, Ms. Diaz sustained life- threatening internal injuries and was transported to Jackson Memorial Hospital. (Exhibit 10) Additionally, your unwillingness to support a safe work environment free from aggression and threats was clearly demonstrated on Tuesday, May 6, 2014, shortly after 7:30 AM, when you reported to work at the Greenspace Management Division, located at 2100 Meridian Avenue. Witnesses' statements indicate that at around 8:00 AM, you were standing by the island table of the Operations Office filling out an incident report for the aforementioned accident. At that time, Parks Superintendent Domingo Macias walked in through the office door, he was very happy and smiling while recalling a song that he was listening in his vehicle. Mr. Macias reported that you appeared to be extremely agitated and began yelling at him across the office. You confronted him in an aggressive manner and asked him: "What are you looking at? What are you laughing at? What do you think is funny ?" As you repeated, "What do you think is funny ?" you walked toward Mr. Macias' direction in an attempt to attack him. You stopped within six (6) inches from his face. Superintendent Macias stated that you were agitated and loud. Mr. Macias felt threatened, so he stepped back and almost lost his balance. Mr. Macias proceeded to put his hands up in front of him to keep you from pushing him over with your chest. Subsequently, you leaned forward again and you walked into his hands that he had up. You immediately screamed out "Oh, you're in for it now! You touched me first! "....The commotion continued to the point that three (3) Park Operations Supervisors came out of their offices, Lavoris Brown, Eugene Newton, and Jeremy Hinkle. Supervisor Brown got in between you and Superintendent Macias to avoid you from physically assaulting Superintendent Macias. Supervisor Hinkle repeatedly asked Heavy Equipment Operator II Richard Martinez to take you outside. Furthermore, Supervisor Brown asked Park Supervisor Albert Knight to take you to the office in the other building to avoid a physical attack. Despite the efforts from the different witnesses to keep you away, you continued coming in and out of the area where the incident took place. (Exhibit 11) Distribution: Original: -Human Resources Department Copies: •Employee - Department CITY OF MIAMI BEACH, FLORIDA HUMAN RESOURCES DEPARTMENT FINAL ACTION TO TERMINATE TO: LEE HOLMES CONCLUSION: Page 4 of 6 DATE: SEPTEMBER 11, 2014 Be advised that your termination was warranted on the sixteenth (16) incident of absence, as per the personnel rules, work rules, and the attendance policy. Throughout your career with the City of Miami Beach, you have been given numerous opportunities to correct your poor attendance habits. Notwithstanding previous warnings and progressive discipline, you have continued to be absent and have failed to achieve and sustain an acceptable level of attendance. A thorough review of your personnel records revealed that from May 5, 2013, to May 5, 2014, you accumulated a total of twenty -five (25) separate incidents away from your regular duties, a total of thirty -four (34) days. It is the policy of the City of Miami Beach to provide and promote a productive work environment. The city requires its employees to report to work as scheduled to provide public services as expected. Productivity is jeopardized when you do not report to work. Attendance is imperative of your performance, since when you are absent, your co- workers have to carry the burden of performing extra duties. In your position as a public servant, you are required to comply with all city personnel rules and policies; especially when you are operating a city vehicle. You are further responsible to adhere to the city's mission to provide excellent public service and safety to all those who live, work and play in the city. On May 5, 2014, you failed to operate your assigned truck in a safe manner and struck a woman while lying down on the grass. Your careless actions resulted in life threatening injuries to the woman and she was taken to the hospital for treatment. This incident is the ultimate reflection of inefficiency and carelessness in the performance of your duties, placing the city in a liable position. On May 6, 2014, you compromised the city's commitment to promote and maintain a safe work environment for employees free of aggression, threats and violence. You engaged in an antagonistic behavior when you confronted Parks Superintendent Macias in a loud and threatening manner. It took the intervention of several staff members to deescalate the verbal altercation thus avoiding a physical altercation. This type of behavior is unacceptable and will not be tolerated in the workplace. Your blatant disregard of the attendance policy combined with your carelessness and disregard for basic safety measures when operating a work vehicle, and your aggressive behavior in the workplace, not only compromises the city's delivery of services to the public, but also interferes with the city's ability to provide a safe work environment for those around you. Your actions merit your termination from your employment with the city. PRIOR DISCIPLINE: (Exhibit 12) A review of your personnel records revealed a total of 48 separate administrative actions, including three (3) disciplinary suspensions. This is a clear reflection of your lack of commitment and responsibility toward your job. To wit: 10/28/13: Three -day suspension for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 09/13/13: Supervisory Review & Counseling for violation of Personnel Rule X, Section 2(b)4. Violation of Reasonable Regulation Distribution: Original: -Human Resources Department Copies: - Employee - Department 'CITY OF MIAMI BEACH, FLORIDA HUMAN RESOURCES DEPARTMENT FINAL ACTION TO TERMINATE T0: LEE HOLMES Page 5 of 6 DATE: SEPTEMBER 11, 2014 09/12/13: Written Warning for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 08/15/13: Verbal Warning for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 07/10/13: Written Warning for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 06/19/13: Verbal Warning for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 04/12/13: Verbal Warning for violation of Personnel Rule X, Section 2(b)4, Violation of Reasonable Regulation 04/04/13: Written Warning for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 03/25/13: Verbal Warning for violation of Personnel Rule X, Section 2(b)21, Gross Negligence Section 2(b)4, Violation of Reasonable Regulation 01/30/13: Verbal Warning for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 04/06/12: Three -day Suspension for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 12/21/11: Written Warning for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 12/14/11: Verbal Warning for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 12/01/11: Supervisory Review & Counseling for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 10/26/11: Verbal Warning for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 10/03/11: Supervisory Review & Counseling for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 09/07/11: Verbal Waming for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 08/19/11: Supervisory Review & Counseling for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 06/27/11: Supervisory Review & Counseling for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 12/07/10: Verbal Warning for violation of Personnel Rule X, Section 2(b)4, Violation of Reasonable Regulation 10/12/10: Verbal Warning for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 09/08/10: Supervisory Review & Counseling for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 02/18/10: Written Waming for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 12/02/09: Supervisory Review & Counseling for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 08/10/09: Written Warning for violation of Personnel Rule X, Section 2(b)4, Violation of Reasonable Regulation 07/20/09: Verbal Waming for violation of Personnel Rule X, Section 2(b)4, Violation of Reasonable Regulation Distribution: Original: -Human Resources Department Copies: - Employee - Department CITY OF MIAMI BEACH, FLORIDA Page6of6 HUMAN RESOURCES DEPARTMENT FINAL ACTION TO TERMINATE TO: LEE HOLMES DATE: SEPTEMBER 11, 2014 06/18/09: Supervisory Review & Counseling for violation of Personnel Rule X, Section 2(b)4, Violation of Reasonable Regulation 05/29/09: Verbal Warning for violation of Personnel Rule X, Section 2(b)4, Violation of Reasonable Regulation 05/22/09: Supervisory Review & Counseling for violation of Personnel Rule X, Section 2(b)4, Violation of Reasonable Regulation 04/30/09: Supervisory Review & Counseling for violation of Personnel Rule X, Section 2(b)4, Violation of Reasonable Regulation 03/09/09: Written Warning for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 11/24/08: Verbal Waming for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 09/17/08: Verbal Warning for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 09/02/08: Supervisory Review & Counseling for violation of Personnel Rule, Section 2(b)4, Violation of Reasonable Regulation 08/06/08: Supervisory Review & Counseling for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 04/17/08: Written Warning for violation of Personnel Rule X, Section 2(b)4, Violation of Reasonable Regulation 09/21/07: Three -day Suspension for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 07/13/07: Written Warning for violation of Personnel Rule, Section 2(b)15, Excessive Absences 03/15/07: Verbal Warning for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 09/21/04: Written Warning for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 05/15/03: Written Warning for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 03/17/03: Verbal Warning for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 10/03/00: Written Waming for violation of AWOL policy 12/17/99: Written Waming for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 12/01/99: Verbal Warning for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 08/25/98: Written Warning for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 05/07/98: Written Warning for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 12/31 /97: Verbal Warning for violation of Personnel Rule X, Section 2(b)15, Excessive Absences THEREFORE, BASED ON THE ABOVE CHARGES AND SPECIFICATIONS, YOU ARE HEREBY REMOVED FROM YOUR POSITION WITH THE CITY OF MIAMI BEACH. Employee's signature: Date: Lee Holmes, MSW II Distribution: Original: -Human Resources Department Copies: - Employee - Department CITY OF MIAMI BEACH, FLORIDA Page6of6 HUMAN RESOURCES DEPARTMENT FINAL ACTION TO TERMINATE TO: LEE HOLMES DATE: SEPTEMBER 11, 2014 06/18/09: Supervisory Review & Counseling for violation of Personnel Rule X, Section 2(b)4, Violation of Reasonable Regulation 05/29/09: Verbal Warning for violation of Personnel Rule X, Section 2(b)4, Violation of Reasonable Regulation 05/22/09: Supervisory Review & Counseling for violation of Personnel Rule X, Section 2(b)4, Violation of Reasonable Regulation 04/30/09: Supervisory Review & Counseling for violation of Personnel Rule X, Section 2(b)4, Violation of Reasonable Regulation 03/09/09: Written Warning for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 11/24/08: Verbal Waming for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 09/17/08: Verbal Warning for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 09/02/08: Supervisory Review & Counseling for violation of Personnel Rule, Section 2(b)4, Violation of Reasonable Regulation 08/06/08: Supervisory Review & Counseling for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 04/17/08: Written Waming for violation of Personnel Rule X, Section 2(b)4, Violation of Reasonable Regulation 09/21/07: Three -day Suspension for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 07/13/07: Written Warning for violation of Personnel Rule, Section 2(b)15, Excessive Absences 03/15/07: Verbal Warning for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 09/21/04: Written Warning for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 05/15/03: Written Waming for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 03/17/03: Verbal Waming for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 10/03/00: Written Warning for violation of AWOL policy 12/17/99: Written Warning for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 12/01/99: Verbal Waming for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 08/25/98: Written Warning for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 05/07/98: Written Warning for violation of Personnel Rule X, Section 2(b)15, Excessive Absences 12/31/97: Verbal Warning for violation of Personnel Rule X, Section 2(b)15, Excessive Absences THEREFORE, BASED ON THE ABO E CHARGES AND SPECIFICATIONS, YOU ARE HEREBY REMOVED FROM YOUR PQSITIO WI H THE CITY OF MIAMI BEACH. Employee's signature( �(_ �� Date: 9• /7-/,( v Le H Id mes MSW II Distribution: Original: -Human Resources Department Copies: •Employee - Department CITY OF MIAMI BEACH BARGAINING UNIT GRIEVANCE PROCEDURE FORM UNION GRIEVANCE 0: LH1 LABOR RELATIONS GRIEVANCE th dabs. .. DLj — lnsbvcdons: Spaces4-8should be•typed so- that -d .. ame•lnforrnation appaarret ell stepr.7he lowerposldon lrt8 SE dbhTplEtdala(eaelai p. — " - -- 1. Bargaining Unit (check one only): FRATERNAL ORDER OFPOUCE (FOP) INTERNAUONAL ASSOCIATION OF FIREFIGHTERS (IAFF) XR AMERICAN FEDERATION OF STATE, COMMUNICATIONS WORKERS OF AMERICA (CWA) COUNTY 8 MUNICIPAL EMPLOYEES (AFSCME) GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA (GSAF) 2. Date of Occurrence: 09/19114 3. Employee's Name & Classification: Lee Holmes MSW U 4. Employee's DepartmentrDlvlslon & Telephone Ext. (7730) Parks and Recreation 5. Employee's Immediate Supervisor 8 Telephone ExL (7730 ) Albert knight e. Statement/Nature of Grievance: Employee terminated on September 19..2014 for alleged violations of city policies and personnel rules, Employee Is charged with the following rules: Charge 1 City of Miami Beach Work Rules. Charge 11 Personnel Rule X Section 2(b)15. Charge III Personnel Rule X Section 2(b)17. Charge N. Personnel Rule X Section 2(b)21. Charge V Prevention of Workplace Violence. Ns C m .r > N 2 M 1. Contract Arttcie(s) Alleged Violated: Section: 4.7 (Dm And all other appicabie sections of this contract but not limited to �.= ... C' C7 I 0 8. Suggested Adjustment To Make Subject Whole. . There shag be no discrimination, interference, restraint, or coercion by management against any employee because of differences. e.� G! sty �._.7 af�uIL/ .....ice' ,rE Employee Signature [lhdo / Union Representative's Signature Date TO 85 COMPLETED AND PRESENTED AT EACH STEP ., ; �' $ Received by (signature/title): Step 1- Presented by (signature/tit' if Date: J L Date: STEP 1 RESPONSE (FROM Grievance Dsnled (Mato why): DIVISION TO PRESENTER) Date: Grievance RoCONad (state how): (signature/title) Received by (signature/title): Date: uStep 2- Presented by (signatureldtle) Date: STEP 2 RESPONSE (FROM DIVISION TO PRESENTER) Grievance Denied (state why): Grievance Resolved (state how): (signature/title) Date: Received by (signature/title): 1 Step3- Presentedby(al Ue) Oate9 h/ I/ ' 'ii Date: i't.'iii See Attached Reply to Step 3 from City Manager's Designee/Labor Relations Received by (signature/title): ARBITRATION REQUEST/Presented by (signature/Otte) Date: Data: AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES AFSCME LOCAL 1554 ELECTION OF REMEDY FORM Grievance No. (If applicable) w1 This form must be completed and signed prior to the second step of the grievance procedure, or at the time when appeal to Personnel Board Is filed. Employee must elect, sign, and date only one of the two following choices: 1. x L 1 � I/We elect to utilize the Grievance Procedure contained In the current Contract between the City of Miami Beach, Florida, and AFSCME Local 1554. 2. x / Sig atuCe Date I/We elect to utilize another forum for my /our grievance, and in doing so, Uwe permanateiy waive my /our contractual right to the Grievance Procedure contained in the current Labor Contract between the City of Miami Beach, Florida, and AFSCME Local 1554. Signature Date if Number 1 Is elected, sign If you wish to authorize the following: I/We hereby authorize AFSCME Local 1554 to process the attached grievance on my /our behalf. X i ! � q 2 5//44 Signs re Date AFSCME - 38 Lee Holmes Beginning April 2016, Park Supervisor, Emmanuel Pierre - Georges verbally requested to me that a change be made at North Shore Open Space Park with one of his current employees Lee Holmes. Emmanuel Pierre - Georges requested moving Lee Holmes from Open Space Park because he felt some tensions were beginning to grow between Lee Holmes and some of the other employees in the park. Prior to this request, in March 2016, a park patron, Ms. ;, had some serious issues with Lee Holmes. He was allegedly harassing her. In May /June 2017, Lee Holmes and employee John Thompson were having personality conflict that seemed to be escalating and not deescalating after conversations from me and Assistant Director, Jose del Risco, with Lee Holmes and John Thompson. At this point it was determined that it was in Lee Holmes best interest to move him to the South Region. In July 2017, Ms. s called Parks and Recreation Assistant Director, Jose Del Risco, with a list of complaints about Lee Holmes and also spoke with Daphne Saba in the Parks and Recreation office. Mr. Holmes was subsequently moved and schedule adjusted to benefit Mr. Holmes personal situation. In fact, at his request, his work schedule improved by going from working on Saturdays to having both Saturday and Sunday off and was offered work time frames that were convenient for his son's camp /school and after care schedule. After Mr. Holmes was moved to the South Region, he showed up a couple times at North Shore Open Space Park prior to his reporting time in the South. One occasion, Lee Holmes got into a loud serious conversation with employee John Thompson. Second occasion, John Thompson saw him in the park and called the Miami Beach Police. Mr. Holmes was spoken to about showing up to North Shore Open Space Park by Assistant Director, Jose del Risco and Park Facilities Manager, Javier Fulgueira. Lee Holmes has not returned to North Shore Open Space Park since. Andrew Plotkin 2/2/18 Exhibit 17 Del Risco, Jose From: Fulgueira. Javier Sent: Friday, February 02, 2018 10:24 AM To: Del Risco, Jose Subject: Lee Holmes Good morning Jose, Lee Holmes was transferred to the south region after having multiple issues with coworkers and residents at North Shore Open Space Park where he had been assigned to work. The reason for the move was to prevent matters from escalating, as the complaints continued to worsened. Lee was initially moved to South Pointe and Lummus Park to which he was required to work weekends. After working there a few days, he said his schedule and location were a problem because of his family situation. After those concerns were brought up Jose Del Risco and I met with him and moved him to the Scott Rakow Youth Center, in order for him to be provided a Monday through Friday 7:30am -4pm schedule to help him with his personal situation. I recall at that point Andy and Jose spoke to Lee about the possibility of bussing his child from North Shore Park Youth Center to the Scott Rakow Youth Center in order to further assist with his family constraints. Thanks... JF Javier Fulgueira, AFO, CPRP Park Facilities Manager PARKS & RECREATION DEPARTMENT 999 11 Street. Miami Beach. FL 33139 305.673.7000 ext. 6814 / Fax: 786.394.5406 jfulgueirakamiamibeachfl.gov / %vww.miamibeachparks.com We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. i Saba, Daphne From: Saba, Daphne Sent: Friday, July 21, 2017 5:55 PM To: Plotkin, Andrew Cc: Del Risco, Jose Subject: FW: Complaint at North Shore Open Space Park Attachments: Complaint.docx Hi Andy, Just wanted to let you know that I spoke with a Ms. ; today regarding a harassment complaint against Lee Holmes. I wrote notes as we spoke (attached). Jose asked me to let you know, since this is something that both of you also dealt with today. Best, M MIAMISEACH Daphne Saba Office Associate V PARKS AND RECREATION DEPARTMENT 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7000 ext. 6516 / Fax: 786 -394 -4146 / ittp /www.miamibeochfl gQv We are committed to providing excellent public service and safety to all who live, work and ploy in our vibrant, tropical, historic community. From: De Pinedo, Naima Sent: Friday, July 21, 2017 1:09 PM To: Saba, Daphne Cc: Peacock, Althea; Rebar, John Subject: RE: Complaint at North Shore Open Space Park Hi Daphne, Ms. Thanks. ailed again. Can you please give her a call to look into this matter. From: De Pinedo, Naima Sent: Friday, July 21, 2017 12 :04 PM To: Rebar, John Cc: Saba, Daphne; Peacock, Althea Subject: Complaint at North Shore Open Space Park Good Afternoon John, The Manager received a call from , a resident who is complaining that an employee at North Shore Open Space Park has been calling her names for 2 years regarding her service dog. She is a disabled vet with PTSD and requires the service dog to be with her since she experiences seizures. She has showed the dog's I.D. to the worker and states that the worker called the police because of the dog. Please contact her at 786- Thanks. Exhibit 18 MIAtv1IBEACH Naima De Pined*, Office Manager OFFICE OF THE CITY MANAGER 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305 - 673 -7010 / Fax: 305 -673 -7782 / www.miamibeachfl.gov We are committed to providing excellent public service to all who live, work and play in our vibrant, tropical, historic community. Constant lowly remarks from an employee — Lee Holmes. Over 60 — choreographer & yoga instructor; Vet with PTSD. After complaining, she went to his supervisor Manny. She sent him an email a year ago. Manny told her to get in touch with Mr. Andy Plotkin. She had a meeting in reference to Lee Holmes with Andy and Manny then. She tells him, "Stay away from me." He runs off women. She informed him to stoop. He passes her with the sign of a gun. He calls the on her police for everything. She needs the dog and he harasses her about it. He comes past her and other women and calls them bitches. She has video of him. She said he's been a thorn at a side. He's told her, "I know you can do something with that, even though you might be old." She sees him drive a child in the city vehicle and also play with a child at the park. She says his supervisors know and they are not doing anything. She bought an employee who has mental disabilitiesa birthday cake and he started to harass her about it. So much so that Ms. Jaime & Ms. Laura had to get involved. She got a $50 ticket because of him. She says he harasses her every day. She is going to city manager's office. Yvonne Welcker- Sepulveda 12717 SW 68 Terrace, Miami, FL 33183 Home: 305 - 752 -1614 / Cell: 786- 320 -1674 / Fax: 30S- 382 -S034 / email: yvonnewelcker@beilsouth.net January 16, 2018 Dear Mr. Del Risco: I would like to inform you that I am officially resigning and retiring from my position as Customer Service Representative at Parks Maintenance Yard, City of Miami Beach Parks & Recreation Department effective as soon as City of Miami Beach Human Resources, Benefits .& Pension Departments mace the necessary exit interviews prepare my Pension documents this week. e � b 7 1ij ! 4, 201$ I have enjoyed a productive and rewarding career with City of Miami Beach for nearly 14 years. However, I must tender my resignation to retire and focus on current health- related issues requiring my immediate attention. I appreciate all the great experiences I had while working with former City of Miami Beach Mayor and concluding with Parks & Rec Maintenance working with you and Jeremy Hinkle. If I can be of any help during this transitional time, please let me know. I am always available. Thank you again for understan , and I wish you all the best. Sincerely, Yvonne Welcker- Sepulveda CMB Employee# 18320 Customer Serv. Rep P &R Dep. Pks. Maint. Original: Jose Del Risco, Assistant Parks Director CC: Jeremy Hinkle, Parks Ops. Sup / Jannet Harris, Payroll Coordinator /HR /Pension Deps. Exhibit 19 Rebar, John From: Fulgueira, Javier Sent: Thursday, December 07, 2017 10:15 AM To: Rebar, John Cc: Del Risco, Jose Subject: Rumors Going Around About the Reorganization Good Morning John, I just want to give you a heads up, I just received a call from Keith Simmons asking me what is going on with rumors that everyone is getting moved. He stated that the union contacted him that we are moving all the African Americans back to yard. Also Derrick Jenkins asked me yesterday about getting moved back to the yard. He said he was with an employee from Greenspace and that's what the employee told him. I told Derrick that we are looking to maybe reorganize to be more efficient but that no decisions have been made yet. I am not positive where these rumors /leaks are coming from but I believe it is already being openly discussed at the yard at 2100. Just wanted to make you aware of the situation. JF Javier Fulgueira, AFO, CPRP Park Facilities Manager PARKS & RECREATION DEPARTMENT 999 11 Street, Miami Beach, FL. 33139 305.673.7000 ext. 6814 / Fax: 786.394.5406 jfulgueira @miamibeachfl.go■ / www.miamibeachparks.com We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. 1 Exhibit 20