OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Board of City Service Commissioners Meeting – March 10, 2026

Common CouncilTuesday, March 10, 2026
BodyMilwaukee, Wisconsin
SessionCommon Council
DateTuesday, March 10, 2026
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:01

My name is Frank Bach, and I'm serving as the current president of the Board of City Service Commissioners.

0:11

The first item on today's agenda is a call to order.

0:15

This March 10th meeting of the Board of City Service Commissioners is called to order.

0:21

The next item is a roll call.

0:23

Would the executive secretary please call the roll?

0:26

Commissioner Miller.

0:28

Present.

0:29

Commissioner Cleary.

0:31

Present.

0:33

Commissioner Smith.

0:35

Present.

0:36

Commissioner Wicksborough.

0:41

President Black is trying to sign in.

0:42

She's still trying to sign in.

0:44

Okay.

0:46

I'm present.

0:48

Currently, four present.

0:55

The next item, please.

0:58

Item number four is file number two five one nine two seven.

1:03

Communication for the approval of the classification reports as submitted.

1:09

Um it should be next.

1:14

Oh, I'm sorry, you're right.

1:16

You're right.

1:16

I skip item three, file number two five one nine two six.

1:20

Communication for the approval of the March 6, 2026 meeting minutes.

1:25

Commissioners, do you have any comments or questions regarding the proposed minutes?

1:30

Yes.

1:32

Commissioner Cleary.

1:34

Miller.

1:36

Miller.

1:37

Commissioner Miller, sorry.

1:38

Okay.

1:39

Okay.

1:39

For neither motion at the end, are the people who made the motion is second the motion included.

1:47

So for the first motion, it was Smith and Wick Sperrell who made the motion and seconded it.

1:56

And for the second part of the motion, it was Cleary and Miller.

2:01

So Cleary made the motion and Miller seconded it.

2:05

It's not included in the minutes that we were sent.

2:09

So President Bach, the script that is on the meeting minutes is from the city attorney's office.

2:15

Patrick McLean is what we have been using in the past.

2:19

Just an FYI to you.

2:25

I'm sorry.

2:30

Commissioner Miller, are you are you suggesting we don't include who made the motion and who seconded it when we're doing it?

2:38

Not in those meeting minutes, not in this uh meeting minutes script that was given to me by uh attorney Patrick McLean, and that is how the uh meeting minutes look at an appeal hearing.

2:49

Okay, well, I wasn't I thought that they would include that since it's an official motion and second.

2:56

So if it's not supposed to be, then that's fine.

3:02

I think it's just a style matter.

3:04

I think it could go either way uh myself, but that's uh I think today we'll uh we'll live with that as it was written up and uh okay perhaps staff staff can talk to our current attorney uh and see what she might have to say.

3:26

Having said that, is there a motion regarding I move that we accept the minutes from the March second and I credit Maryland for her powers of observation?

3:39

I agree.

3:41

Uh it's been moved and seconded to approve the minutes of the proposed March 6th meeting.

3:46

I'll pull the commissioners.

3:47

Commissioner Miller, yes, commissioner Smith, yes, Commissioner Cleary.

3:54

Yes.

3:57

And just checking whether she's on with us is Commissioner Wix Borrel.

4:03

Yes, she just joined the meeting, President Bob.

4:06

All right.

4:07

Oh, I apologize.

4:09

Sorry.

4:10

That's that's fine.

4:11

The minutes are approved as submitted.

4:13

Next item, please.

4:14

Item four, file number two five one nine two seven.

4:18

Communication for the approval of the classification reports as submitted.

4:23

Do commissioners have any comments or questions.

4:29

No.

4:30

No, I move approval.

4:32

I second.

4:34

Been moved and seconded to approve the report says submitted.

4:37

I'll pull the commissioners.

4:38

Commissioner Miller.

4:40

Yes.

4:40

Commissioner Smith.

4:42

Yes.

4:43

Commissioner Cleary.

4:45

Yes.

4:46

Commissioner Wicksporl.

4:48

Yes.

4:49

The reports are approved.

4:52

The next item concerns staff recommendations regarding probationary periods for the reclassified positions.

5:00

In this case, the reports concern new positions and temporary seasonal positions at the election commission.

5:09

There are no staff recommendations.

5:11

No commission action is required.

5:14

Next item, please.

5:15

Item number six, file number 251929.

5:20

Communication from the Department of Public Works Infrastructure Services Division to extend the probationary period for Jameer Conley for six months from March 31st, 2026 through September 26, 2026.

5:32

Commissioners, prior to the meeting, we received a letter from Kevin Mew, City Engine.

5:37

He explained this employee did not obtain the required CDL until February 25th.

5:44

The extension permits the department to evaluate his performance of the full duties of the job.

5:51

They also provided a job description.

5:56

Do we know if the employee is aware of this request to extend?

6:04

President Bach, this is Andrew Simons, HR Infrastructure HR administrator.

6:10

Yes, the employee is aware of this request.

6:13

Thank you.

6:15

Do commissioners have any comments or questions?

6:19

President Bach.

6:21

Yes, Commissioner.

6:22

Thank you.

6:23

I would just um add or amend that he just obtained his permit in late February.

6:32

He has not yet obtained his license.

6:36

I believe you said he obtained his license.

6:40

Right.

6:40

He's so you are correct that uh he will have to do that as well.

6:46

Uh but the permit at least allows him to operate the equipment.

6:51

Yes, absolutely.

6:53

Thank you.

6:53

So we can evaluate we can evaluate his performance in the field.

6:58

Yes.

7:00

I move approved.

7:01

Is there is there a motion?

7:02

I second.

7:04

It's been moved and seconded to approve the request to extend the probationary period.

7:09

I'll pull the commissioners.

7:10

Commissioner Miller.

7:12

Yes.

7:13

Commissioner Smith.

7:14

Yes.

7:15

Commissioner Cleary.

7:17

Yes.

7:18

Commissioner Wix Farrow.

7:20

Yes.

7:21

Um the request is approved.

7:24

Next item, please.

7:25

Number seven, file number two five one nine three six.

7:28

Communication from the Department of Public Works Administration to re-exempt the operations division director position, pay range one SX.

7:37

Prior to the meeting, Commissioners, we received a letter from Gerald Krushke, Commissioner of Public Works.

7:43

He explains his position oversees snow and ice control operations, supervises 500 employees, and represents the commissioner before council meetings.

7:53

Commission, sorry, meetings of this commission and various other committees and task forces.

8:00

We also received a memo from Kristen Hennessey Urban, human resources manager in support of the request because it is a senior key management position in this department.

8:12

And they provided a job description.

8:15

Do commissioners have any comments or questions?

8:18

No.

8:20

I move with grant approval.

8:22

I second.

8:23

It's been moved and seconded to approve the request to re-exempt the position.

8:27

I'll pull the commissioners.

8:29

Commissioner Miller.

8:31

Yes.

8:32

Commissioner Smith.

8:33

Yes.

8:34

Commissioner Cleary.

8:36

Yes.

8:37

Commissioner Wix Sporl.

8:39

Yes.

8:40

The request is approved.

8:43

Please announce item eight.

8:46

File number 251-937.

8:49

Review of the unstipulated exhibits for the Omar Barbarina discharge appeal case.

8:54

President Bach.

8:57

I'm going to excuse myself since I will not be able to attend the hearing on Friday.

9:03

I don't know that it's valuable for me to go through the unstipulated items.

9:12

Thank you for notifying us.

9:15

So I will be signing off.

9:16

Everyone, Happy St.

9:18

Patrick's Day.

9:20

Same to you.

9:22

Thank you.

9:28

This is the first of two scheduled sessions of this discharge appeal.

9:36

Concerning the discharge of Omar Barbarena.

9:39

The second session is this Friday at 9:30 a.m.

9:44

Today we are going to consider the proposed exhibits which were not stipulated to at the pre-hearing conference.

10:03

I want to check to make sure that the court reporter is with us this afternoon.

10:12

I am here.

10:13

We're on the record, and I do have the exhibits sent to me as well.

10:18

Thank you, President Buck.

10:24

In advance of the hearing, commissioners receive copies of the exhibits, including those that were not stipulated to the stipulated exhibits, there were no joint exhibits.

10:41

The department submitted 15 exhibits which were stipulated to by the appellant.

10:47

Those exhibits have been marked D1 through D15 and are part of the record in this matter.

10:54

The appellant submitted one exhibit, which was stipulated to by the department.

10:59

That exhibit has been marked A1.

11:05

The department proposed 15 additional exhibits, which were not stipulated to.

11:33

Thank you.

11:41

I think they fall into two categories.

11:45

One category are the exhibits relating to the actual use of the computer.

12:00

Is an eight-page exhibit.

12:17

And we are not going to get into those today unless we have time.

12:22

In looking at the various exhibits related to the actual computer use, the principal exhibit appears to be exhibit du 14.

12:50

Ms.

12:50

Reed, do you have that before you?

12:52

I do.

12:53

Mr.

12:53

Barbarina, do you have that before you?

12:55

No, If prior to after receiving this material, uh and prior to today's hearing, uh, I asked staff to let the department know that I wanted whether it would have been this Friday or today, as it turns out, to have the department have a representative to go over the creation of these various exhibits that relate to the computer records for Mr.

13:47

Barbarena's computer.

13:50

And I was told that that would be done.

13:59

I think it's the I would call it a summary exhibit.

14:05

And uh I'd like to know who the department has that uh can speak to the development or creation of exhibit DU 14.

14:21

Yes.

14:21

So uh DU 14 is a summary of information derived from exhibit du three.

14:29

Uh that information and evidence was provided to the department by the ITMD, the City of Milwaukee's IT department here today.

14:39

Uh representing ITMD is Mr.

14:42

Roberto Cerrita.

14:44

Well, could he please join us at the table?

14:53

Uh and for the record, ladies and gentlemen, uh normally during the course of our hearings.

15:00

And for the record, ladies and gentlemen, uh normally during the course of our hearings, I uh tell the parties that at every step in the process, the department goes first, the appellant goes second.

15:11

Uh but in the case of the umstipulated exhibits, it's been my practice to take the lead myself and get comments, of course, from from the parties.

15:26

Um, and then I'll I'll make a ruling as to whether we're going to include the particular document or not.

15:34

Um we have a court reporter, and uh Mr.

15:39

Serena's been identified as the person who from ITMD who uh was instrumental in developing the data that's before us today, uh such as DU 14.

15:56

And I would ask the court reporter to put to please uh uh swear him in after he's identified himself by name and job title.

16:09

Yes.

16:10

Um name is Roberto Sarita.

16:13

I am the information services manager in ITMD.

16:20

Sir, could you raise your right hand, please?

16:23

In the testimony you're about to give under the pains and penalties of perjury of the state of Wisconsin.

16:28

Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?

16:32

I do.

16:34

Thank you.

17:10

I do.

17:11

Okay.

17:19

How long have you worked for the city?

17:22

Um I've been with the city of Milwaukee for seven years.

17:32

Do you know who Mary Reed is?

17:35

Yes.

17:37

In 2025, did you have contact with the Department of Administration regarding a concern about Mr.

17:49

Barbarena's computer?

17:53

Um I believe it was January 2nd when of 2026 when I began talking with Mayor.

18:01

Okay.

18:05

At that time.

18:09

Was this department now a separate agency?

18:13

If you know, separate from the department of administration.

18:20

I'm not sure how to answer that.

18:22

I'm sorry.

18:22

Oh, that's fine.

18:26

Did you receive a request from the department to provide information concerning the computer usage of an employee named Omar Barberino?

18:37

Yes, I did.

18:39

I would like you to look at exhibit D14.

18:44

Did you prepare exhibit D14?

18:48

I provided the information for D14.

18:54

At the top on the left-hand side of page one, there's a title sample, Barbarena Browsing Activity, and then it gives lists of three-month span from October 10th to January 2nd.

19:11

Is the data contained in this exhibit from one computer over that three months period?

19:18

Yes, one computer.

19:20

And if you know, is that computer the one assigned to Mr.

19:24

Barbarino?

19:25

Yes, it is.

19:27

Just below that title, there's a summary titled Sample Week, December 8th through 12th, 2025.

19:38

Did you create that or prepare the data or provide the data, pardon me, for that summary?

19:45

Yes, I did.

19:49

Below the title and the summary, there's a list titled Job Searches, 37 plus occurrences.

19:58

Do you see that list?

19:59

Yes, I do.

20:01

Is that job search information from Mr.

20:04

Barbarena's computer?

20:08

Yes, it is.

20:10

The next list is Facebook 17,179 occurrences.

20:19

Did you or someone at your direction sum up the number of Facebook items during that period from Mr.

20:29

Barbarena's computer?

20:32

I did not sum up those numbers.

20:36

Well, we'll find out from we'll be asking the department in a moment before we go to Mr.

20:42

Barbarena.

20:49

On page four of this exhibit, there's another list titled Craig list 220 occurrences.

21:00

Do you see that?

21:01

Yes, I do.

21:03

On page four through 10 of the proposed exhibit, there are 220 specific citations of Craigslist items.

21:15

Is that Craigslist information from Mr.

21:19

Barbarena's computer?

21:21

Yes, it is.

21:23

Did you provide this information to Ms.

21:26

Reed?

21:26

I did.

21:29

Okay.

21:33

Now I'm going to go to Mr.

21:35

Barbarena.

21:37

Uh we might or the witnesses identified that he provided the information in exhibit DU 14.

21:49

What is your objection to this proposed exhibit?

21:53

Uh well, when there's no time specific in any of these instances, you know, when he says here that I used uh so much time out of my work time, you know.

22:08

Um I would like to see uh specifics of the times that it's been used, and also whether it was just open, but not necessarily in uh actively using them.

22:25

No, um and that's my objection to it at these times.

22:37

Is your concern the at the top of page one on the left hand side?

22:43

Are you concerned about the or are you raising an issue regarding number of hours?

22:49

Yes, okay.

22:51

Yes, that would appear that I'm not uh using my time to work.

22:57

Well, um we'll get into that in the hearing, of course.

23:03

What it what it shows, I think what it shows is that your computer was on to these other activities for those that period of time.

23:18

I don't mean to mean to make a fine point of it, but it uh you had your computer turned on, and that's what that's what the report is saying, and that when it was turned on, it was turned on to all this other stuff.

23:35

Now, I don't know if you are going to say that, and that's why we're gonna have a hearing on Friday, sure.

23:42

Uh, that you were doing work, although the computer was on to the 200 Craigslist, for example, 200 items.

23:55

I don't know what your explanation's gonna be, but I'm Mr.

24:03

Serta is saying that this information is from your computer, and that in the case of job searches, there were 37 occurrences during this time period, and the report does list at the very top, it does list the time frame that they looked up the information, so that it's it's in the context of October 10th, 25 to January 2nd, 26.

24:39

So it's over that period of time that there were allegedly 28,000 links of non work related internet browsing activity, and then there's a sample, and we I don't know yet uh who prepared it, but I think we're gonna ask Swear in Ms.

25:01

Reed and ask her uh for the sample week of December 8th through the 12th, there's a summary of uh how many hours uh during that week the computer was on to these various uh what I'll call them because they appear to be non-work related so uh I think I think there is in fact a time frame here, and there is uh testimony under oath that this that these many occurrences came off of your computer uh the one that's the least clear is that sample week information, and I think you raised a reasonable question.

26:03

Um I'm gonna go back to Mr.

26:08

Sarita, make sure I understood um for the sample week information that was assembled there.

26:18

You did you assemble that or not?

26:20

I did not.

26:21

Okay.

26:23

Um the rest of the material, you did provide the data for, is that correct?

26:31

Yes.

26:32

Okay.

26:34

Um I think uh I think the objection by Mr.

26:45

Barberina has um raises a question about one piece of the information, and ums reed.

26:55

I assume you're going to be the presenter for the department, but I'm gonna also ask you to be sworn in and to talk so that I can ask you questions about that time summary for the sample week before we make a ruling would the uh would the court reporter please get Ms.

27:24

Reed to identify herself with her title and then swear her in, please.

27:34

Ms.

27:34

Reed, you could you raise your right hand, please?

27:38

In the testimony you're about to give under the pains and penalties of perjury of the state of Wisconsin.

27:42

Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?

27:46

I do.

27:48

Thank you.

27:50

Ms.

27:51

Reed, do you have exhibit du 14 in front of you?

27:54

Yes.

27:55

In the upper left-hand corner, do you see a box called with it's it has a heading sample week, December 8th through 12th?

28:04

Yes.

28:05

Um, do you know who or how that was prepared?

28:10

I prepared that box and I prepared the entirety of DU 14.

28:16

Okay.

28:17

That information was taken directly from exhibit DU3.

28:28

And I'm sorry, this is the court reporter.

28:29

Ms.

28:30

Reed, I didn't give you an opportunity to identify yourself and your title.

28:33

If you want to put that on the record, please.

28:35

Yes, Mary Reed, director of compliance and engagement for the Department of Compliance and Engagement, City of Milwaukee.

28:49

Just cannot make a point just because we're on the record.

28:52

You make sure you say temporary.

28:56

Yeah, just because it's not official yet.

28:58

Thank you.

28:58

I appreciate that.

29:00

Read.

29:00

Yeah, please.

29:01

Okay.

29:01

Uh Mary Reed, uh temporary interim director of the Department of Compliance Engage.

29:08

There we go.

29:11

But in any case, for our purposes, you were involved in the in the creation of the box of information.

29:19

Yes.

29:20

And uh from the reference that were provided by ITMD.

29:26

Yes.

29:27

Okay.

29:28

Uh having heard that further explanation, Mr.

29:34

Barberina.

29:36

Do you object to this exhibit?

29:43

Uh yes, I do.

29:46

And what's your objection?

29:48

Again, for the specific I'm sorry.

29:51

For for uh for what appears to be that I'm not doing any work whatsoever during that time.

30:07

But you're you're not saying this isn't from your computer.

30:11

No, no, I'm not saying that it is and uh how it's interpreted.

30:18

You're going to have an opportunity.

30:20

Well, and the department will have an opportunity both in opening statements and in closing statements, and when you testify, and when Ms.

30:31

Reed testifies, uh there will be a chance to raise questions that either side may have.

30:40

Uh, but this information goes directly towards the uh decision to issue the discharge notice, and uh it's been testified that it came came from your computer, and on that basis, I'm going to admit it into the record.

31:07

We already have I believe it's 15 exhibits.

31:15

Uh so this what had been du 14 is now D 16.

31:49

Uh I'm gonna go back to Mr.

31:52

Sarita because I have a question for him that I don't know the answer to, but I'm gonna find out in a moment.

31:59

Um on the list of the of unstipulated exhibits, there are two exhibits, and we'll start with du two, uh, pardon me, we'll start with du three, which was cited by uh Ms.

32:16

Reed.

32:18

It's called Edge URLs, an Excel sheet.

32:27

Mr.

32:28

Sarita, can you tell me a little bit about that?

32:32

Sure.

32:34

Um the uh city utilizes several um internet browsers, one being Microsoft Edge, and the other being Microsoft Chrome.

32:48

And the these um uh details came from the history file in each of those um uh browser browser in e from from each of those browsers.

33:04

So du three is a uh is a history file available on the city's computer, and would that include Mr.

33:16

Barbarina's computer?

33:18

Yes, okay.

33:21

Uh Mr.

33:22

Barberino.

33:24

We're now dealing with du three.

33:28

Um the edge, and it's described as an Excel sheet.

33:34

Next, I'm familiar with Excel is a simple accounting style program that's available or routinely available to people, including departments.

33:46

Um what is your objection to du three?

33:53

Is that three?

33:59

Is that the DU4?

34:05

Oh, so the the actual one because it's multiple pages is not here.

34:09

I can show you.

34:11

Well, we we did not receive a full listing of those because it's voluminous, but it's uh it's awesome.

34:42

Oh that's what they did, right?

34:46

But it this is a computer, it is a file, a history file of the computer of um actions from your computer.

35:02

I believe it's been used by the department to develop the reports we've received, but it has not been provided.

35:12

The details have not been provided to the commissioners.

35:17

I think the I think the reports can stand by themselves.

35:24

For example, DU 14.

35:26

It is what it is.

35:29

And you can make arguments about what it means or how accurate you think it is, but we have admitted it.

35:48

I'm going to admit DU3 as an exhibit, but the department can refer to it as a source for the information of the various reports, such as DU 14.

36:05

So I think it's sort of a background worksheet, if you will, but it is not actually a document in front of the commissioners.

36:42

And then you are naming it.

36:44

Okay.

36:45

No, I am not admitting it.

36:47

DU3 will not be admitted as an exhibit.

36:50

Okay.

36:51

We I am acknowledging that it is uh it's information that was provided to the department.

37:00

Uh and it can be referred to.

37:03

But we took that information and produced certain reports, such as such as du 14.

37:11

Right.

37:11

And it's DU 14 is what the commission will be operating off of here at this hearing.

37:17

Okay.

37:18

Ms.

37:19

Reed, did you have a question?

37:20

Yeah, I just wanted to add that uh DU14, the summary page, it is just a sample of information taken from DU3.

37:30

It is not in whole cover all of the information gathered from DU3.

37:37

Well, uh, you can ex you can or you or someone else can explain it on Friday in terms of your testimony, and uh you're free to cite the fact that you received, I'm gonna call it raw data in the form of du three.

37:55

Uh but we don't have all those details in front of us, and we're not going to take hundreds of pages of stuff when what it was the operational decision was made when we put someone in management.

38:13

This is my assumption, looked at this and said, well, this is this was off the computer for this man.

38:22

Uh these are not work-related, so I'm taking this action.

38:27

Uh, so that's we're gonna go with that.

38:31

Uh, because I think that's what happened now.

38:44

Uh we're gonna we're gonna go to a couple more of these exhibits.

38:51

Uh we're gonna go to DU one.

38:55

This is an eight-page exhibit.

38:58

The exhibit consists of screenshots of YouTube material.

39:04

Uh, did uh do you know how the department uh received this or who it received DU1 from?

39:19

Yes, so from the raw data provided in DU3, I took a sample of the links uh searched and browsed, and I entered them into uh I received a loaner device from the city of Milwaukee, and I entered those links from the raw data into an internet browser, and this is the material that surfaced from those links.

40:26

Barbarino what is your objection to DU one I just think is irrelevant for what uh everything else that uh that I do I mean these are just things that pop up you know uh you know you have uh your computer open all when you look for other things that pertains to uh the job that I do I mean I don't think that's got nothing to do with with uh what is already been presented well are you you're not disputing that du one came off of your computer no no I'm not disputed uh and how relevant it is or is not to your the job you held with the division uh that's for discussion okay on Friday but uh I uh and the department feels this is not this is not work related and you can argue about how much time was involved in other words you're hinting that it was brief um but that's that's for the future but that's future discussion on Friday but this material it is from your computer and it is something the department considered and your use of the computer which they deemed inappropriate is the reason they major reason they took action so uh du one will be admitted as D17 in this in this matter we've we've talked about du three but this I'm gonna I'm gonna assume that the same same logic that I applied to du three would apply to do two that this is a history file so to speak that's it was available to the department uh we didn't get all kinds of sheets of paper to back it up but I don't know that we need them uh that can be covered in testimony by the department witnesses and can be disputed by you and your testimony so do two and three are not going to be admitted we will deal with Mr.

43:27

President can I clarify something Mr Smith that we received updated DU2 and DU3 uh information I spent quite a bit of time going through particularly uh du three um so I can see that that extensive information is not admitted but you did say it could still be referred to by the appellant in the department is that right as a source of information yes okay very good thank you and we've and du four and five are emails which we'll consider on Friday du six is a 10 page exhibit staff title this exhibit Facebook images the exhibits consist of screenshots from Facebook for example photos that they don't appear to be work related uh mr barberino what is your objection to this are allegedly off of your computer whether they came from my computer I mean no I don't know that they that the images were on your computer there were not what do you mean by on my computer I mean that it was click on yeah I had no no no objection du six is now exhibit D eighteen du7 is a 12 page exhibit

45:00

No, that they that the images were on your computer.

45:05

There were not.

45:07

What do you mean by on my computer?

45:09

I mean that it was click.

45:11

Right.

45:13

Yeah, I had no objection.

45:18

DU six is now exhibit D eighteen.

45:27

Du seven is a twelve-page exhibit.

45:30

Staff titled the exhibit YouTube browsing.

45:37

The exhibit consists of screenshots from YouTube, which do not appear to be work-related.

45:46

Do you have objection to that to this exhibit, Mr.

45:50

Barberino?

45:57

Uh no.

46:02

All right.

46:03

And VU seven becomes D 19.

46:11

DU eight is a uh emails, which we'll deal with on Friday.

46:19

DU nine is a forty-four-page exhibit staff titled at YouTube browsing.

46:29

The exhibit consists of screenshots from YouTube, which I'm going to characterize as uh not work-related.

46:43

Do you have and I would point out that in this instance?

47:01

Some of the uh pages are blank, the ones at least that I received, but they mr.

47:19

Barberino, do you object to DU9?

47:41

Object that whether it came from my computer?

47:44

Yes.

47:46

Uh no.

47:47

Okay.

47:49

In that case, that becomes D twenty DU ten is a seven-page exhibit.

48:07

Staff title this exhibit job searches.

48:25

One page, I'll call them job announcement sheets for lack of a better uh phrase about various employment opportunities.

48:38

Uh I don't know.

48:47

I'm not going to characterize this as being job related or not.

48:53

I'm gonna let the uh the testimony on Friday determine uh that my question, Mr.

49:02

Barberina is uh do you dispute that du ten that those are screenshots that appeared on your computer at work?

49:12

No.

49:13

All right, then that becomes D twenty-one.

49:18

And uh the I assume that both parties can will argue about this on Friday and pull me in on whether this is or not, why this is part of the uh part of the case du eleven and twelve are M thirteen are emails which will be dealt with on Friday DU 14 is a uh is that 10-page exhibit, which we've already talked about and admitted as D16 DU 15 is a one-page exhibit.

50:28

It is a uh email, and that we will deal with on Friday.

50:36

Uh now I get to ask uh question of both parties at uh I'll start with the department we we've gone through all of the exhibits there were a number that were admitted at the outset at the pre-hearing conference.

51:10

We've now done the ones related to the computerized database that was uh Mr.

51:19

Sarita provided information to the department about we've gone gone through those um and there are emails here that between the parties that we will deal with first thing on Friday morning.

51:44

Does the department have any additional exhibits that it plans to introduce Friday morning at the commission?

51:56

No, Mr.

51:58

Barberina.

52:00

Do you have any additional exhibits which you plan to introduce to the commission at the beginning of the hearing on Friday morning?

52:11

I do not okay.

52:13

Well, that's on behalf of the other commissioners and myself.

52:19

I'm glad there are no additional exhibits.

52:22

Uh that's appreciated.

52:26

I uh I was informed by staff that we had uh we had a one hour because the room has been reserved for another group, and their meeting starts at three o'clock.

52:44

So I am not going to get into the emails with five minutes left on the uh the clock.

52:50

Uh I appreciate the parties for coming in.

52:54

Mr.

52:54

Sarita, I appreciate you for being here and uh providing us a background on the uh computer, the collection of the computerized data related to this case.

53:08

Uh Mr.

53:12

President, yes, Commissioner Smith.

53:15

Unless I have it misidentified, uh the appellant had one unstipulated item, AU1.

53:22

Right, except a AU one is a copy of the discharge notice.

53:27

Yes.

53:27

Am I am I correct?

53:29

Yes.

53:29

And you you will notice that the discharge notice was accepted as an exhibit earlier in the process.

53:38

It's um I don't have it right.

53:44

Well, we're covered with that then.

53:45

Thank you.

53:46

Let me let me let me give the citation for the record D10 discharge notice.

53:56

I would like to add to the unstipulated exhibit that the appellant put forward, the department did uh not stipulate that exhibit because it is not the final discharge notice that the appellant received.

54:15

In other words, it was a uh a copy or draft.

54:19

Yeah, it was it was a uh first version of it, the time was changed, and so we reissued the appellant the final discharge notice.

54:28

Which is not the same, which is the one that's marked D10.

54:32

I do not believe so.

54:33

I believe what was submitted was the uh the pre the the first version of the notice.

54:41

Well, what we have on the record is D 10, and D 10.

54:46

I don't know.

54:51

Okay.

54:53

In that case, D10 is accurate.

54:55

My apologies.

54:56

All right.

54:57

Well, uh, Mr.

55:00

Barberina, uh D10 is the is the document that caused you to be discharged, and that's in the record.

55:07

Are you still asking that AU1 be part of the record?

55:11

You're talking about the the one that I received uh initially.

55:15

Yes.

55:16

Yes, because I was there was no indication for me to, I mean, to me that it was a uh a draft, a draft.

55:26

All right.

55:27

Um as I think uh I think it's been acknowledged.

55:33

I mean it's implied that that was also prepared by the department, and uh was um given to Mr.

55:44

Barberina, and then is subsequently he was given what's marked D2 10.

55:50

Uh we're going to in that case.

55:53

Uh I'm gonna rule on that now and say that that can be a to that his the exhibit that is AU1 will be A2 uh because it was given to and received one is reed, you or one of the other witnesses will explain what was changed between the two documents, whether it was just cosmetics, like a date, or whether it was substantively in the body of the discharge notice.

56:35

We'll want to know that.

56:37

But uh we are we are going to admit that as a as a document because it was actually part of what went on here between the parties with that uh I I would entertain a motion to adjourn from my fellow commissioners with the understanding that item eight, the last item on the agenda will resume uh Friday morning at 9 30.

57:11

Is there a motion?

57:16

I move that we adjourn.

57:20

I second, it's been moved and adjourned.

57:23

Uh pardon me, it's been moved and seconded to adjourn this meeting of the Board of City Service Commissioners.

57:29

Excuse me.

57:31

I'll pull the commissioners.

57:33

Commissioner Miller.

57:34

Yes, Commissioner Smith, yes.

57:38

Commissioner Cleary.

57:41

Oh, she's uh she excused herself, pardon me.

57:45

Commissioner Heidi Sparrow, uh uh Wicksborough.

57:49

Yes.

57:50

All right, the uh commissioners vote voted to adjourn the meeting.

57:55

We'll see the parties for item eight.

57:57

We'll see you on Friday morning at 9 30.

58:00

Thank you.

Discussion Breakdown — Share of Meeting
Pending Litigation█████████████████████████████████████████████75%
Procedural██████████16%
Personnel Matters████6%
Technology and Innovation██3%
Summary of Proceedings

Board of City Service Commissioners Meeting – March 10, 2026

The Board of City Service Commissioners met on March 10, 2026, at 7:45 PM (Central Time) to approve routine agenda items and conduct a pre-hearing review of exhibits for the discharge appeal of Omar Barbarena. The meeting was adjourned with the understanding that the appeal hearing would continue on Friday, March 13, 2026, at 9:30 AM.

Consent Calendar

  • Approval of March 6, 2026 Meeting Minutes – Approved unanimously (4-0). Commissioner Miller noted that the minutes did not include the names of members who made and seconded motions; the board accepted the minutes as prepared by the city attorney's office.
  • Approval of Classification Reports (File #251927) – Approved unanimously (4-0).
  • Extension of Probationary Period for Jameer Conley (File #251929) – Approved unanimously (4-0). The extension runs from March 31, 2026, through September 26, 2026, to allow evaluation of the employee’s performance after obtaining a CDL permit (license not yet obtained).
  • Re‑exemption of Operations Division Director Position (File #251936) – Approved unanimously (4-0). The position oversees snow/ice control, supervises 500 employees, and represents the commissioner before meetings.

Discussion Items

  • Staff Recommendations on Probationary Periods for Reclassified Positions – No action required; the item concerned new and temporary seasonal positions at the Election Commission.
  • Review of Unstipulated Exhibits for Omar Barbarena Discharge Appeal (File #251937) – The board reviewed 15 proposed exhibits from the Department of Public Works (DPW) and one from the appellant. ITMD Information Services Manager Roberto Sarita testified that the data in Exhibit DU14 (Browsing Activity Summary) came from Mr. Barbarena’s assigned computer. Mary Reed, temporary interim director of the Department of Compliance and Engagement, stated she prepared the sample week summary and the entirety of DU14 from raw data (Exhibit DU3). Mr. Barbarena objected to several exhibits, arguing that the data lacked specific time stamps and that the computer may have been open but not actively used. The board ruled as follows:
    • DU14 (summary of browsing activity) admitted as D16.
    • DU1 (YouTube screenshots) admitted as D17.
    • DU2 and DU3 (raw data/history files) not admitted as exhibits, but parties may refer to them as source information.
    • DU6 (Facebook images) admitted as D18.
    • DU7 (YouTube browsing) admitted as D19.
    • DU9 (44-page YouTube browsing) admitted as D20.
    • DU10 (job search screenshots) admitted as D21.
    • AU1 (initial discharge notice, submitted by appellant) admitted as A2, with the department to explain differences between it and the final notice (D10).
    • Emails (DU4, DU5, DU8, DU11, DU12, DU13, DU15) were deferred to the Friday hearing.

Key Outcomes

  • Votes – All consent calendar items and the exhibit rulings were approved by a 4-0 vote (Commissioners Miller, Smith, Cleary, and Wicksborough; President Bach recused himself from the appeal hearing).
  • Admitted Exhibits – D16 (browsing summary), D17 (YouTube screenshots), D18 (Facebook images), D19 (YouTube browsing), D20 (44-page YouTube browsing), D21 (job search screenshots), and A2 (initial discharge notice).
  • Next Steps – The appeal hearing will resume on Friday, March 13, 2026, at 9:30 AM to hear testimony, address the deferred email exhibits, and receive opening/closing statements.

Meeting Transcript

My name is Frank Bach, and I'm serving as the current president of the Board of City Service Commissioners. The first item on today's agenda is a call to order. This March 10th meeting of the Board of City Service Commissioners is called to order. The next item is a roll call. Would the executive secretary please call the roll? Commissioner Miller. Present. Commissioner Cleary. Present. Commissioner Smith. Present. Commissioner Wicksborough. President Black is trying to sign in. She's still trying to sign in. Okay. I'm present. Currently, four present. The next item, please. Item number four is file number two five one nine two seven. Communication for the approval of the classification reports as submitted. Um it should be next. Oh, I'm sorry, you're right. You're right. I skip item three, file number two five one nine two six. Communication for the approval of the March 6, 2026 meeting minutes. Commissioners, do you have any comments or questions regarding the proposed minutes? Yes. Commissioner Cleary. Miller. Miller. Commissioner Miller, sorry. Okay. Okay. For neither motion at the end, are the people who made the motion is second the motion included. So for the first motion, it was Smith and Wick Sperrell who made the motion and seconded it. And for the second part of the motion, it was Cleary and Miller. So Cleary made the motion and Miller seconded it. It's not included in the minutes that we were sent. So President Bach, the script that is on the meeting minutes is from the city attorney's office. Patrick McLean is what we have been using in the past. Just an FYI to you. I'm sorry. Commissioner Miller, are you are you suggesting we don't include who made the motion and who seconded it when we're doing it? Not in those meeting minutes, not in this uh meeting minutes script that was given to me by uh attorney Patrick McLean, and that is how the uh meeting minutes look at an appeal hearing. Okay, well, I wasn't I thought that they would include that since it's an official motion and second. So if it's not supposed to be, then that's fine. I think it's just a style matter. I think it could go either way uh myself, but that's uh I think today we'll uh we'll live with that as it was written up and uh okay perhaps staff staff can talk to our current attorney uh and see what she might have to say. Having said that, is there a motion regarding I move that we accept the minutes from the March second and I credit Maryland for her powers of observation? I agree.

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