HomeMy WebLinkAbout08/13/1996 Regular Council Meeting MinutesMI~I 'I'ES {H: RI'~(:UI..tIR ( OI.;~CII. Ml'if~'l'l.,~'i .............
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t;RII'D,'ANCE liI:ARIN(;
.~t.'(;UST I~, 1996
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Marana Developmem Center August 13, 1996
By Mayor Honea at 6:00 p.m.
1I. PLEDGE OF ALLEGIANCE
Led by Mayor Honea
COUNCIL
Ed Honea Mayor
Sharon Price Vice-Mayor excused
Tom Clark Council Member
Ora Mae Ham Council Member
Sherry Millner Council Member
Herb Kal Council Member
Bobby Sutton, Jr. Cotmcil Member
STAFF
Hurvie Davis Town Manager
Dan Hochuli Town Attorney
Sandra Groseclose Town Clerk
IV. APPROVAL OF AGENDA
A motion was made by Ora Harn, seconded by Bobby Sutton, Jr. and carried unanimously to
approve the Agenda as written.
V. R F
Administrative Hearing Pursuant to the Marana Personnel Policies Manual to review
Disciplinary Action Taken by Judge Diilow Against Victor Paz.
Ed Honea: This will be an informal meeting. If anyone who might disagree or have a question
please write it down. We will give several chances for people to respond and give us the information.
We will start with Judge Dillow and ask him to present his portion of the case.
Judge Dillow: We are here of the result of a court action against Victor Paz for actions taken by
Mr. Paz performing his work duties. Mr. Paz has been with the court since November I, 1995 and
since that time we have had eleven (I1) complaints against Mr. Paz. Some were substantiated and
some were not. Some of the complaints ranged anywhere from rifling mail boxes, pulling a gun on a
defendant, unwarranted back-up on officers, unauthorized use of the Marshall's vehicle, and speeding
in Town. Each time we get a complaint we call. For example, we did have an allegation that Vic
was speeding in Town and a written complaint was submitted to the Marana Police Department. I
called the individual who wrote the complaint. He never responded to my phone calls and I left
numerous messages. That would be one that was never substantiated. The complaint we are here
tonight started April 1, 1996. The Court received a letter from Bank One written by Deena Schunk,
bank manager and dated March 28, 1996. It is the eighth document. She stated Victor was at the
bank using the phone with permission but his conversation was profane and his conversation
improper. I called Ms. Schunk and asked her what the basis of her complaint was. She advised me
that when Vic goes to the bank to make the deposits for the Court and the Town he would use the
phone with their permission but his conversation was loud and of a personal nature, This one
conversation allegedly took place on March 7, 1996, three (3) weeks before the letter. Ms. Schunk
advised me that her two clerks on March 7 told her Victor used the phone and he was overheard
talking to somebody and his comments were, and I apologize if we offend anybody, "the Chief was
banging someone's wife". ........ or someone is banging the Chief's wife. I wanted to know if it was
true and if Victor was the individual who made the phone call. Because other agencies use that same
bank. I sent Nancy to the bank on May 1 to interview. There is some time delay due to audits at the
bank and vacations. The tellers told Nancy that they were fearful of Vic and they did not want him at
the bank and were thinking of getting a restraining order. Nancy questioned the tellers as to whether
it was Vic, if he used the phone, among other questions. The tellers clearly heard what Victor said
on the phone. Victor told me he had spoken to Officer Cassell regarding this matter. I called Officer
Cassell from the Tucson Police Department. He said he didn't talk to Vic about any gangs, banging.
He didn't know where Vic was calling from and he didn't know what day he called. He did support
Vic, and the most profane statement he ever made was "how the hell are you". He has known Vic
from the academy and he is not the profane type. After talking with the two tellers who identified
Vic, there were couple of clients in the bank at the time who overheard the conversation; the
interview with Nancy, and even though Vic denied it, I made the decision to give Vic a written
reprimand and a day off without pay.
Ed Honea: 1 want to clear up a couple of questions. Were the couple of clients in the bank who
heard the conversation contacted?
Judge Dillow: No, the tellers did not know who they were.
Tom Clark: Did these customers tell the clerks that they overheard the conversation or did they tell
Ms. Reynolds?
Judge Dillow: Emma and Robin (the bank tellers) told me they heard Vic say it and the two people
they waited on heard it, too.
Tom Clark: They confirmed it with the tellers that they heard it?
Judge Dillow: I don't know. They could have made a speculation that the customers heard it. No
one knew who they were.
Bobby Sutton, Jr. What were the tellers fearful of?.
Nancy Reynolds: The tellers conveyed to me in the very beginning and all throughout the time 1 was
with them. That they were just very fearful of him. It goes back to his demeanor every time he goes
into the bank, not just that one time.
Ora Harn: When he was in the bank, was this his own time?
Judge Dillow: No, he was making a deposit for the Court and the Town.
Ora Ham: The calls he was making at the bank were personal calls?
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Ed Honea: Does Vic have a cell phone?
Judge Dillow: At the time he did not. He does now.
Ed Honea: The Court did not provide a phone for returning beeper messages or anything else other
than using another (inaudible). And where was the call placed from in the bank?
Judge Dillow: He goes behind the teller.
Ed Honea: Behind the teller? I find that unusual, l just want to verify that. Victor Paz why don't
you give us your side of the story.
Victor Paz: (Makes an opening statement) You have the opportunity to correct this injustice. I
would like to express my thanks for this opportunity and I have given each of you an information
packet. I will briefly introduce myself to you and give you some background. This is basically
intended as my own character reference. I am a retired professional soldier with 23 years of service
to my country, along with numerous awards and decorations. 1 retired at an E-7. One of the awards
I received was a good conduct ribbon with 5 oak leaf clusters. I am a college honor graduate from
Pima Community College with A.A. in Liberal Arts and A.S. in Criminal Justice and will be
graduating from Park College next November. I have served the Town of Marana since February of
1992. 1 was first a reserve officer. While on the Marana Police Department I received six (6) letters
of Commendation for the performance of my duties in an exceptional manner. I never received a
Letter of Reprimand or a suspension. The issue at hand is whether I violated Town policy; nothing
else is of any consequence. The charges are totally out of character for me. There is no evidence,
just probable cause. There is a difference between opinion and fact. I am controversial and out
spoken. We are all different. I have been given numerous phychology tests. I am not here because
of the relationship between me and the Judge. He is a fair man, When that letter was written by the
bank they basically damaged my reputation, which cost me a day off of work, cost me one day of
salary, a Letter of Reprimand in my file, which I did not have until then. When they sent that
letter to my supervisor it affected me, it affected my family, it affected my life. Deena Schunk was
not even there at the time. It was only her opinion. I don't use the Town phone for personal calls. I
never used the phone behind the tellers. There is a desk to the right of the water cooler which I used.
They would not allow me behind the tellers' cage. A misconception. There is a problem with the
time table. What have I done to make people fearful of me? What does that mean my demeanor? 1
have dealt with many of the Council on various issues. I never had any complaints from prisoners.
what is their perception of police officers?
The first time I was confronted about this was in the bank a number of days after it happened. I had
gone to make a bank deposit. The manager was standing behind the counter in the tellers' cage. Both
of the tellers' were there and some people behind me. She said to me, "I would like to talk to you
about a complaint that was made by customers.' That was the first time that I was approached. Not
the teller. There was a man sitting at the desk who was making a obscene/profane phone call. My
first reply was, "I don't know who it was, but it certainly was not me" based on what I was told. If
she would have asked me from day one if I would have stepped in her office, there is a problem I
would like to clear up with. Close the door, without the teller or without people behind me and
explain it to me. Just give me the opportunity to explain. If that would have happened, we would not
be sitting here now. There was a question in the letter "Did you hear what he said?" Another
employee said, "It just grossed me that some of the bank customers overheard some of the foul
language." The term banging is not foul language. 1 am sure if Robin did not hear Erma would have
MINUTES O1.' RI'.'GI.:I.AR C(';U.NCII. MEI.~ I'ING
M &R .;,N A TOWN (X }I'NCII.
GRII.;VANCE IIEARIN(-'
AU(;I'ST 13, 1996
Bobby Sutton, Jr. With that I withdraw and go with the Judge's decision now.
Mayor Honea: ls there a second?
Ora Harn: Mr. Mayor, 1 don't think this Council, whatever the decision, is saying that Marshall Paz
isn't a very good employee and a good person. I don't think that's what we are saying here. We are
saying he used poor judgment and took actions that didn't speak for the best interests of this Town.
I move we uphold the decision by Judge Dilinw.
A motion was made by Bobby Sutton, Jr. seconded by Ora Harn and carried unanimously to uphold
the decision by Judge Dilinw.
Mayor Honea adjourned the at 7:45 pm.
AUDIO TAPES OF THE MEETING ARE AVAILABLE AT THE MARANA TOWN HALL
CLERK'S OFHCE.
I hereby certify that the foregoing minutes are the true and correct minutes of the Grievance Hearing of
the Marana Town Council held on August 13, 1996. I further certify that a quorum was present.
eLVOSE, T6-WN CLERK