documents: 77

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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
77	1a2d43fb	5	/PPACT/meeting-minutes-extraction/export/pdf/1a2d43fb.pdf	id:8ceKnrnmgi0AAAAAAABM3w	d63a6e7f092aa996a4c618c7b1c53aae51f9984d288d273c444fc6344db5b79d	/PPACT/meeting-minutes-extraction/export/txt/1a2d43fb.txt	id:8ceKnrnmgi0AAAAAAABM4A	802e6e7ba52037245d0e6e1e8f4ecd70eb8c5e5e6d45318ecd6fc1dd094a24f9	fire	2000	2	3	scraped	1	DAX MONTALDO	cfa0ee028238a036b7fe3c287307f421	APPEAL HEARING FOR DAX MONTALDO (FIRE DEPARTMENT) Iris Allgood - Assistant Parish Attorney will be the attorney representing the Fire Department and Chad Major, Union representative, will be representing Mr. Montaldo. . Witnesses sworn in were: Chief Hurst Chief Hicks Dax Montaldo Brett Lane Iris Allgood stated that the employee, Dax Montaldo, was on sick leave and they intended to prove that the employee was working while on sick leave and that the suspension was warranted. Chief Hurst On 4/16/99, Chief Hurst went home and saw Dax Montaldo next door at his neighbor’s house with a large black container. He emptied the dirt into the flower bed. Chief Hurst went inside his house and called headquarters to check if Dax was still on sick leave with a knee related injury. When Chief Hurst called Dax in to his office and questioned him about working while on sick leave, Dax did not perceive himself to be working. He stated that he was out there only because he had the delivery truck follow him out to the jobsite. 1 Chief Hurst stated that his neighbor had contacted him and he had referred the job to Dax’s brother, Brett Lane, who works with Dax. He was hired by the neighbor and was paid for the job. Exhibit #1 was introduced - Memo to Chief Bizette from Chief Robin Hurst Memo states that Chief Hurst witnessed F irefighter Dax Montaldo overseeing a landscape operation next door to his home and Firefighter Montaldo was on sick leave at that time due to an off the job injury. , Exhibit #2 - Copy of Sick Leave Policy Baton Rouge Fire Department and Police Officers have 52 weeks sick leave and they would like to protect these benefits. Employee has to call in before taking sick leave whether it is the flu or sickness. For this type of sickness you are allowed to go to the drugstore or to the doctor’s office, but you must call in before 6:00 AM. An injury is not restricted as much. They are allowed to go and visit away from home. All periods of time longer than three . hours away from home must be reported to Deputy Chief before employee leaves home. Dax Montaldo had called in and told them that he was going to run an errand. Chief Hurst testified that Dax had called from his house (Chief Hurst’s house) at 10:45. Chief Hurst saw him at 11:45 next door. Exhibit #3 - Suspension Letter for % day and a copy of the Personnel Action Form. Exhibit #5 - Copy of transcript of Discipline Hearing held 6/16/99 Chief Hurst issued a % Day Suspension. Chief James Hicks Chief Hicks was Assistant Chief on 4/16/99. He received a call at 10:25. The call came from Chief Hurst’s house. Dax stated that he was running errands. Exhibit #4 - Copy of Assistant Chief’s log of employee calls. Dax Montaldo On 4/16 he woke up and left the house to go to client’s house. He had forgotten to call in so he went next door to Chief Hurst’s house and called in to report that he was running errands. He told the neighbor that he could not physically do the work, but his brother could do the landscape work. He goes and discusses jobs, develops plans and has client approve all terms of job. He was the contractor, as such. The job would be using his license. After hiring on at the Fire Dept, he did not contract jobs. He only did an occasional job. The check was made out to him as an individual. He was diagnosed with tendon problems. He was put on 14 to 16 weeks of physical therapy. He thought that he would be released by the time that this job was scheduled to be done. The job was estimated at $1450 for plants, labor and delivery. The plants were $800. He paid his brother $350 and the contractor, Larry Carter $300 and he had $50 left. He used that’ $50 to pay for his gas since he lived 90 miles away from his job. He testified that the black bucket was almost empty. He emptied several clumps into the ditch so he could have bucket for personal use and he put it in truck. Dax stated that he left home around 8:30 or 9:00. He lives in Maurepas. He forgot to call the Assistant Chief, so he called him about 10:45 from Chief Hurst’s home. When he arrived home around 3 or 4, he was told to call Chief Hicks. He was told to report to Chief Hurst’s office. He stated that his injury was an off-the-job injury. Brett Lane He works at the Department of Agriculture and Dax Montaldo is his brother. They do alittle landscaping. Brett does physical work. Lawrence Carter worked with him on job in question. He does not know if his brother has a license. Dax picked out plants at nursery previously. He received about $650. Out of that, he paid Larry Carter $300. He testified that Dax did not help unload plants. He worked until 6 in the evening and he wished that Dax could have helped with the physical work. He stated that Dax came out to show him where to plant the plants. Brett does not feel that his brother intended to do any work. He does not know what the Bluffs regulations are or if they require a license.. He could have done job without Dax. Chief Hurst Chief Hurst stated that it is very important to enforce the % day suspension because it is very important to protect sick leave. The Fire Department has people who are contractors. If they are off on sick leave, they should not be out there on the job. The previous Chief gave a 90 day suspension to an employee who was caught working, so he feels that he was very lenient with only a % day suspension. He considers contracting a job. When he picks out plants, uses his license, uses his expertise, brings delivery truck to the job and pays the contractor to do the job. Yes, Chief Hurst considers this working. Chief Hurst stated that The Bluffs have rigid rules. Only contractors with a license are allowed to do the landscape jobs. Chad Major - Closing Dax told you what happened. He has received several merits with the Fire Department. People have Internet businesses. Dax did something stupid. He went out there to help his brother and not to make money. His brother could not have done the job without using Dax’s license. He did not do the job to make money. He asks the Board to reduce this suspension. Iris Allgood - Closing We have an employee who did violate the sick leave policy. She feels like she has presented the whole truth. She has a contractor doing work at her home right now. She gives contractor the money and the contractor gives the money to the subcontractors. Without his license, this job could not have been done. He used his expertise in picking out the plants and his expertise in where to place them. Chief Hurst was lenient with only a % day suspension. The Chief cannot allow sick leave abuse. She asks the Board to uphold the suspension. Daryl Edgens If you own grocery store, employee can contract from home. If you order supplies from home while you are off injured, then you still receive profits from the business. You cannot stop the business. Motion to drop it to Letter of Reprimand. Seconded by Lyle Johnson. Vote: Henry Clark No Daryl Edgens Yes Johnny Johnson No Lyle Johnson Yes Cynthia Wilkinson No Motion failed. Motion for Board to uphold Chief made by Chief Johnston and seconded by Cynthia Wilkinson. Vote: Henry Clark Yes Daryl Edgens No Johnny Johnston Yes Lyle Johnson No Cynthia Wilkinson Yes Motion passed to uphold the % day suspension issued by Chief Hurst. Henry Clark made a motion to adjourn and Cynthia Wilkinson seconded this motion. Meeting adjourned. hich Chief G. L. John ston (Ret.), Chairman Cel G. I Fire ast Police Civil Service Board February 3, 2000	Appeal hearing: DAX MONTALDO on 2000-2-3