4-17-2026 MERIT BOARD MINUTES - APPROVED.PDF
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Minutes
Tempe Merit System Board
April 17, 2026
Minutes of the Merit System Board meeting held at Tempe Council Chambers located at 31 E. 6th Street Tempe,
AZ 85281 on Friday, April 17, 2026 at 8:00 a.m.
Boardmembers Present:
City Staff Present:
Jim Foley
Kathleen Broman, Human Resources Manager
Lori Messer
De Ana Hand, HR Technician
Bill Munch
Sarah Jenkins, Administrative Supervisor
Kara Stanek, Sr. Assistant City Attorney
Board Members Absent:
None
Mike Atkinson, Deputy Fire Chief – Fire Medical Rescue
Department
Others Present:
Witnesses Present:
Daniel Hernandez, Appellant
James Van Wickler, Fire Captain-Medic
Cassidy Bacon, Appellant’s Legal Counsel
Mike Scheidt, Fire Engineer/Union President
Rochelle Dobbins, Court Reporter
Victor Garcia, Deputy Fire Chief
Lesli Sorensen, Board’s Legal Counsel
Scott Ferrara, Emergency Paramedic
Cody Welch, Fire Captain-Medic
Danel Hernandez, Appellant
Kyle Carman, Interim Fire Chief
Mike Atkinson, Deputy Fire Chief
Dustin Preston, Deputy Fire Chief
Rebecca Strisko, HR Director
Darrell Duty, Assistant Fire Chief
Tim Burch, Community Health & Human Services Director
Chair Lori Messer called the meeting to order at 8:05 a.m.
Chair Messer asked Acting Board Secretary Kathleen Broman to address staff in attendance. Ms. Broman said
that Employees who are currently on work hours should only be attending this hearing on scheduled breaks.
Employees are not permitted to use work time to observe the hearing. Please also remember that while this is a
public hearing, comments from the public are not allowed as part of the hearing process.
1. Consideration of Meeting Minutes
Motion by Bill Munch to approve the August 18, 2025 Merit System Board Meeting Minutes; Second by Jim Foley.
Motion passed on a voice vote 3-0.
Ayes: Chair Messer; Boardmembers Foley and Munch
Nays: None
Absent: None
Merit System Board Meeting Minutes - April 17, 2026
2
Motion by Jim Foley to approve the October 29, 2025 Merit System Board Meeting Minutes as well as the October
29, 2025 Executive Session Meeting Minutes; second by Lori Messer. Motion passed on a voice vote 2-0.
Ayes: Chair Messer; Boardmembers Foley
Nays: None
Absent: None
Abstain: Boardmember Munch
2. Motion to Adjourn to Executive Session, if necessary
Motion by Bill Munch to adjourn to Executive Session for the purpose of obtaining legal advice from the Board’s Legal
Counsel and to discuss confidential records by law; second by Jim Foley. Motion passed on a voice vote 3-0.
Ayes: Chair Messer; Boardmembers Foley and Munch
Nays: None
Absent: None
The Board adjourned to Executive Session at 4:59 p.m. The Board reconvened at 5:55 p.m.
3. Hearing on Appeal of Daniel Hernandez, including discussion and consideration of personnel
matters
Chair Messer said that the City of Tempe Merit System Board is convened today to conduct a hearing and to make a
recommendation regarding Daniel Hernandez’s appeal of a disciplinary action. At the point of deliberation, the Board
will adjourn to Executive Session. The Board will reconvene in public when it is ready to make its recommendation.
The City of Tempe filed three pre-hearing motions.
•
Motion one was granted, and the parties came to an agreement to abide by the HIPPA laws protecting
medical records to the extent practicable during the hearing.
•
Motion two was a request in limine to exclude evidence or testimony regarding the analyst’s reassignment,
filed by the City on April 1, 2026.
o A response received from Ms. Bacon on April 3, 2026.
o After reviewing, as Chair I denied the motion. The Board is permitted to receive any evidence that
reasonably helps it decide the case and without the benefit of understanding what the evidence is,
will not exclude it in advance. During the hearing, the Board will exclude evidence that is irrelevant,
immaterial, etc. if the evidence does not meaningfully assist fact-finding or unfairly distracts or
prejudices the Board. The Parties may object to evidence as it is presented.
•
Motion three was granted, allowing the City to offer evidence from the five years prior to the discipline
without waiving the Appellant’s right to object during the hearing, including on the basis that the evidence
was not timely disclosed.
The purpose of today’s hearing is to review evidence, take testimony and make a recommendation to the City
Manager as to the appropriateness of the disciplinary action taken against Daniel Hernandez. Mr. Hernandez was
given a Part I Disciplinary Action on November 19, 2025. Mr. Hernandez responded to these allegations in his Part II
response dated December 4, 2025, and after the Fire Medical Rescue Department considered his response, he was
given a Part III notice of demotion dated December 26, 2025. Mr. Hernandez requested an Administrative Review,
which was conducted by Tim Burch, Community Health & Human Services Director, on January 30, 2026. Mr. Burch
supported the recommendation of demotion after meeting with Mr. Hernandez, reviewing information provided by the
City, as well as additional information provided by Mr. Hernandez.
Mr. Hernandez was demoted effective January 30, 2026 for violation of the following Personnel Rules & Regulations:
1. 406.C.1 – exhibited a lack of sufficient competency or efficiency to perform assigned duties and
responsibilities.
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2. 406.C.2 – acted negligently, recklessly, or carelessly in performing their duties during a specific incident
or incidents.
3. 406.C.5 -violated an applicable safety rule, policy or directive.
4. 406.C.12 – engaged in conduct, on or off duty, that is of such a nature that it causes discredit to the
City of Tempe.
5. 406.C.14 – knowingly been dishonest by deceiving, lying, omitting, misleading, misrepresenting or
falsifying any statements, facts, documents, or reports in the course of performing their job duties
and/or during a City investigation or official inquiry.
6. 406.C.36 – failed to adhere to Tempe Fire Medical Rescue department policies and procedures.
7. 406.C.39 – been involved in any other conduct of equal gravity to the reasons enumerated in this
section.
Chair Messer said that the discipline document referenced a violation of “406.C.36,” which appears to be a typo
as the description is for a violation of “406.C.38.” The Board will consider the violation under Rule 406.C.38, as
there appears to be no prejudice in doing so and Mr. Hernandez, by responding and not addressing the
discrepancy, has waived that issue.
In addition, Mr. Hernandez violated the following Tempe Fire Medical Rescue Department Policies & Procedures
101.00 Mission and Values Statement:
1. We value the faith and trust of the community and continually work to deserve that confidence through
our attitude, conduct and accomplishments.
2. All members of the public are entitled to our best efforts
As well as Tempe Fire Medical Rescue Department Policies & Procedures 103.00 Code of Conduct:
•
Article 1 which states every member is expected to conduct themselves in a highly self-disciplined
manner on and off duty and be responsible for regulating their conduct in a positive, cooperative and
professional fashion.
•
Article 2 which states all members, while on duty, shall devote their entire time and attention to the
service of the Fire Medical Rescue Department. They shall execute the duties contained within their job
description and perform necessary tasks as ordered by a supervisor.
•
Article 4 which states members shall work competently in their positions to facilitate the effective and
efficient operation of department programs.
•
Article 8 – members shall use their training and capabilities to protect the public at all times, both on
and off duty.
•
Article 24 – members will not knowingly falsify any department record. They are expected to be truthful
in all official communications.
While this hearing is an informal fact-finding process, all parties are expected to conduct themselves with respect and
consideration for one another. The Board is not bound by strict rules of evidence or procedure. As Chair, I will rule on
objections, and I have the discretion to disallow evidence or testimony that is irrelevant, immaterial, incompetent or
unduly repetitive.
The Board has the following responsibilities:
1. To determine whether there was sufficient evidence to support the City’s findings that the Appellant violated
rules or performed unsatisfactorily. If we determine that the evidence does not support the City’s findings,
we will recommend revocation of the disciplinary action.
2. To determine whether the City gave due consideration to relevant facts and circumstances surrounding the
acts which led to the discipline. If we find that the charges were supported by evidence, but that other
mitigating facts and circumstances were not considered, we may recommend a modified disciplinary action.
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Under provisions of City of Tempe Personnel Rules, Section 407 F.1, the appealing employee has the burden of
proof and will make the first presentation.
Each party shall have 3.5 hours to present its case. That time includes opening statements, examination and cross
examination of witnesses and presentation of closing arguments. Time devoted to the Board’s questioning of
witnesses will not be charged to either party. Either party may request a time check at any time. Breaks will be
provided as needed. The hearing will recess for lunch at approximately 11:30 am for a period of one (1) hour.
At the end of testimony and closing arguments, the Board will go into deliberations. Although this is a public hearing,
comments from the public are not allowed. Please respect the process of the hearing and its’ participants by
remaining silent. The hearing will begin with the appellant’s opening statement
Cassidy Bacon, counsel for the appellant, presented an opening statement to the Board.
Kara Stanek, counsel for the City of Tempe, presented an opening statement to the Board.
Ms. Bacon called James Van Wickler as a witness to testify. After being placed under oath, Mr. Van Wickler was
examined by Ms. Bacon and cross-examined by Ms. Stanek.
•
Ms. Bacon objected to Ms. Stanek’s line of questioning regarding whether Mr. Van Wickler had been on
a call with Mr. Hernandez stating that it was outside the scope of redirect. Chair Messer sustained the
objection.
•
Ms. Bacon objected to Ms. Stanek’s line of questioning regarding the decision to take a patient to the
closest hospital, stating that it called for speculation. Chair Messer overruled the objection.
•
Boardmember Foley asked questions of Mr. Van Wickler.
Ms. Bacon called Daniel Hernandez as a witness to testify. After being placed under oath, Mr. Hernandez was
examined by Ms. Bacon and cross-examined by Ms. Stanek.
•
Ms. Bacon objected to Ms. Stanek’s line of questioning regarding timing of the performance
improvement plan, stating that counsel was testifying. Chair Messer overruled the objection.
•
Chair Messer and Boardmember Foley asked questions of Mr. Hernandez.
Ms. Bacon called Mike Scheidt as a witness to testify. After being placed under oath, Mr. Scheidt was examined
by Ms. Bacon and cross-examined by Ms. Stanek.
•
Chair Messer and Boardmember Foley asked questions of Mr. Scheidt.
Ms. Bacon called Victor Garcia as a witness to testify. After being placed under oath, Mr. Garcia was examined
by Ms. Bacon and cross-examined by Ms. Stanek.
•
Ms. Bacon objected to Ms. Stanek’s line of questioning regarding prior discipline received by Mr. Garcia,
stating that it was irrelevant to the violations being discussed. Chair Messer sustained the objection.
Ms. Bacon called Scott Ferrara as a witness to testify. After being placed under oath, Mr. Ferrara was examined
by Ms. Bacon and cross-examined by Ms. Stanek.
•
Boardmember Foley asked questions of Mr. Ferrara.
Ms. Bacon called Cody Welch as a witness to testify. After being placed under oath, Mr. Welch was examined by
Ms. Bacon and cross-examined by Ms. Stanek.
•
Chair Messer and Boardmembers Foley and Munch asked questions of Mr. Welch.
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Ms. Stanek called Kyle Carman as a witness to testify. After being placed under oath, Mr. Carman was examined
by Ms. Stanek and cross-examined by Ms. Bacon.
•
Chair Messer and Boardmembers Foley and Munch asked questions of Mr. Carman.
Ms. Stanek called Dustin Preston as a witness to testify. After being placed under oath, Mr. Preston was
examined by Ms. Stanek and cross-examined by Ms. Bacon.
•
Ms. Bacon objected to Ms. Stanek’s line of questioning regarding whether Mr. Preston was surprised
that the patient coded, stating that it was speculation. Chair Messer overruled the objection.
•
Chair Messer and Boardmember Foley asked questions of Mr. Preston.
Ms. Stanek called Rebecca Strisko as a witness to testify. After being placed under oath, Ms. Strisko was
examined by Ms. Stanek and cross-examined by Ms. Bacon.
Ms. Stanek called Darrell Duty as a witness to testify. After being placed under oath, Mr. Duty was examined by
Ms. Stanek and cross-examined by Ms. Bacon.
•
Chair Messer asked questions of Mr. Duty.
Ms. Stanek called Mike Atkinson as a witness to testify. After being placed under oath, Mr. Atkinson was
examined by Ms. Stanek and cross-examined by Ms. Bacon.
•
Chair Messer and Boardmembers Foley and Munch asked questions of Mr. Atkinson.
Ms. Stanek called Tim Burch as a witness to testify. After being placed under oath, Mr. Burch was examined by
Ms. Stanek and cross-examined by Ms. Bacon.
•
Boardmember Foley asked questions of Mr. Burch.
Ms. Bacon presented a closing argument on behalf of the appellant.
Ms. Stanek presented a closing argument on behalf of the City.
The Board adjourned to Executive Session at 4:59 p.m. The Board reconvened at 5:55 p.m.
A transcript of the hearing is available.
Motion by Bill Munch that after due consideration of all the evidence in totality, I move that the Board find
that there was sufficient evidence to sustain the City’s findings of a violation of Personnel Rules 406.C.2
and C.38 and Tempe Fire Medical Rescue Department Policies & Procedures 101.00 Mission and Values
Statement regarding all members of the public are entitled to our best efforts, and 103.00 Articles 2, 4,
and 8.
There was not sufficient evidence to sustain the allegations of violations of:
• Personnel Rules 406.C.1, C.5, C.12, C.12, and C.39
• Tempe Fire Medical Rescue Department Policies & Procedures 101.00 Mission and Values
Statement regarding valuing the faith and trust of the community and continually work to
deserve that confidence through our attitude, conduct and accomplishments.
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The Board also finds that the City did not give all facts and circumstances in issuing the discipline.
Given the sustained charges, as well as consideration of the past disciplinary record, I move that we
recommend that the City Manager modify the disciplinary demotion of Mr. Hernandez, institute a
disciplinary action of a 56-hour suspension, and reinstate Mr. Hernandez to the position of Fire
Captain-Paramedic. Second by Jim Foley. Motion passed unanimously on a voice vote 3-0.
Ayes: Chair Munch, Boardmembers Foley and Messer
Nays: None
Absent: None
Adjournment
Motion to adjourn by Jim Foley; second by Bill Munch. Motion passed on a voice vote 3-0.
Ayes: Chair Munch, Boardmembers Foley and Messer
Nays: None
Absent: None
The meeting adjourned at 5:58 p.m.