At 9:04 A.M. the Board convened into Closed Session and the Hearing on the Appeal began. Present on behalf of Appointing Authority was Deputy City Attorney III, Brian Velez and Assistant Director of Transportation, Joe Vargas. Present on behalf of the Appellant was Business Representative - IUOE, Local 39, Terri Hauschel and the Appellant. Exhibits of evidence were presented during testimony and was filed and moved into the record.

At 12:07 P.M. following summaries and closing remarks from the parties, The Board convened into Executive Session to deliberate the matter. At 12:51 P.M. the Board reconvened into Closed Session and voted on the charges as read by Board Counsel, James McCann. Present for report of Decision from the Board on behalf of Appointing Authority was Deputy City Attorney III, Brian Velez and Assistant Director of Transportation, Joe Vargas. Present on behalf of the Appellant was Business Representative - IUOE, Local 39, Terri Hauschel and the Appellant. Also present were Board Counsel, James McCann and Acting Secretary Designee, Brooke Anderson. The Board proposed action on a motion by Vice Chair Tracy, seconded by Member Moreno, that the Order of Removal be upheld.

The motion carried by the following vote: Aye: Chairperson McDonald, Vice Chair Tracy, and Board Member Cregar The charge of violation of Fresno Municipal Code, Section 3-286(a) as set forth in the order: Sustained: Chairperson McDonald, Vice Chair Tracy, and Board Member Cregar The charge of violation of Fresno Municipal Code, Section 3-286(b) as set forth in the order: Sustained: Chairperson McDonald, Vice Chair Tracy, and Board Member Cregar The charge of violation of Local 39 Memorandum of Understanding, Attendance Policy as set forth in the order: Sustained: Chairperson McDonald, Vice Chair Tracy, and Board Member Cregar At 12:53 P.M. the Board reconvened into Open Session.