documents: 49

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rowid docid page_count pdf_db_path pdf_db_id pdf_db_content_hash txt_db_path txt_db_id txt_db_content_hash hrg_type year month day dt_source hrg_no accused matched_uid hrg_text title agency
49 11550d8e 3 /PPACT/meeting-minutes-extraction/export/pdf/11550d8e.pdf id:8ceKnrnmgi0AAAAAAAAqnw 754f6a53ab105b8b7bf22abc138ce6534e40353a2efe5e03718c5b0eb8161780 /PPACT/meeting-minutes-extraction/export/txt/11550d8e.txt id:8ceKnrnmgi0AAAAAAAAr6Q 71b327ff8d577c1526ad8fab8ebe97a23ffcbd244871d885424951c8c2d20b48 police         1 HEARING OF   HEARING OF APPEAL BY: POLICE OFFICER PHILIP GIOIELLO Appellant is employed by the Kenner Police Department as a permanent police officer. By personnel action form dated September 9, 2010, with an effective date of September 14, 2010, he was notified that he was receiving a fifteen- (15) day suspension. Specifically the personnel action form states: Member was found in violation of Department Regulation 60-2 Article IIl — Physical Fitness Assessment Program — and member is hereby suspended without pay for fifteen (15) calendar days, beginning Tuesday, September 14, 2010. Appellant filed a timely appeal within 15 days of receipt of the personnel action form. A public hearing was held at 5:30 p.m. on January 10, 2011. Sergeant Michael Glaser was present as a representative of the Police Department with Philip J Boudousque’, Attorney for the Police Department. Police Officer Gioiello was present without counsel. All parties were sworn in by Mr. Gremillion. KENNER POLICE DEPARTMENT’S EXHIBITS EXHIBIT DESCRIPTION 1 Physical Fitness Assessment Program (PFAP) 2 IAD Item Number 201008033 OFFICER GIOIELLO’S EXHIBITS EXHIBIT DESCRIPTION A Certification of Sgt. Bellanger from the Institute for Aerobics Research B KPD Operations Manual: (PFAP) — Counseling and Exercise Prescription; Goal setting; Weight Control Policy; Letter from Officer Gioiello to Sgt. Bellanger C Voluntary Fitness Program Memorandum D Notice of Examination E Employee Evaluations for Officer Gioiello F Officer Gioiello’s disciplinary record G Letters of Recognition for Officer Gioiello H Certifications for Officer Gioiello I Subpoena for books and papers J PFAP results chart K KPD Operations Manual: (PFAP) — Pre-Employment Testing Standards & Procedures L KPD Operations Manual: (PFAP) — Phase |. Notification of Scheduled Participation; Medical Examination M PFAP results for Officer Gioiello N The Cooper Institute: One Mile Walk Test O The Cooper Institute: Questions Regarding the Fitness Tests P Day for Day Standards; how much time was lost due to suspensions Philip Gioiello Finding of Fact January 10, 2011 Page | of 3 FINDING OF FACT The Physical Fitness Assessment Program (PFAP) was established within the Kenner Police Department in 1993. The PFAP has been given annually since that time to all classified employees and must be passed. It consists of six events. lf an employee fails his or her annual PFAP then he or she will have a 6- month interim re-assessment. The disciplinary actions taken against employees that fail the PFAP are outlined as follow: First annual assessment failed: Written Reprimand 6-month interim re-assessment failed: 1-day suspension Second consecutive annual assessment failed: 5-day suspension 6-month interim re-assessment failed: 5-day suspension Third consecutive annual assessment failed: 10-day suspension 6-month interim re-assessment failed: 10-day suspension Fourth consecutive annual assessment failed: 15-day suspension 6-month interim re-assessment failed: 15-day suspension Fifth consecutive annual assessment failed: Consideration for removal from service Officer Gioiello has failed his last 4 consecutive annual assessments, as well as all 6-month interim re-assessments. Officer Gioiello has an upcoming 6-month interim re-assessment in February. There is a gym accessible by members of the Kenner Police Department 24/7 which is located at 1939 3 Street, Kenner, Louisiana 70062 DECISION OF THE BOARD The evidence and testimony presented to the Civil Service Board established that the disciplinary actions carried out by the Kenner Police Department were in fact warranted. A motion was made by Dominick Impastato and seconded by David Desforges to sustain the actions of the Police Department, as the Chief of Police acted in good faith and for just cause in the issuance of the disciplinary action. Philip Gioiello Finding of Fact January 10, 2011 Page 2 of 3 Votes were cast as follows: Those in Favor: eer At 2 4 J6hn Schnauder DS Dominick Impastato Those Opposed: None Those Absent: None Those Abstained: None Motion Carries. A copy of these findings will become a permanent part of Police Officer Philip Gioiello’s Civil Service Employee File. DECISION RENDERED ON JANUARY 10, 2011 AND SIGNED fe SL? Ee ff Ld a 7a f ON_/ . MAE LA Lb, LE |. Philip Gioiello Finding of Fact January 10, 2011 Page 3 of 3 Appeal hearing: HEARING OF on (unknown) kenner-pd