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Record of Proceedings

City Service Commission Discharge Appeal Hearing for Deshon L. Smith - March 10, 2026

Common Council — Tuesday, March 10, 2026
BodyMilwaukee, Wisconsin
SessionCommon Council
DateTuesday, March 10, 2026
StatusFILED
Video Record
0:00 / 4:52:37

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it
0:00

My name is Frank Bach and I serve as the President of the City Service Commission.

0:06

Ms.

0:06

Moore informs me that we are only recording on teams and not on Granica's.

0:15

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

0:19

This March 6, 2026 meeting of the Board of City Service Commissioners is called to order.

0:26

The next item is the roll call.

0:28

Will the executive secretary please call the roll?

0:33

Vice President Miller.

0:34

President.

0:35

Commissioner Cleary.

0:36

Present.

0:37

Commissioner Smith.

0:38

Present.

0:38

Commissioner Wittsburne.

0:39

Present.

0:40

President Bach.

0:41

Present.

0:42

Five present.

0:43

Thank you.

0:46

Next item, please.

0:49

Item three, file number 251-741.

0:53

Communication for the approval of the February 24th, 2026 meeting minutes.

0:59

Do commissioners have any comments or questions concerning the proposed minutes?

1:05

No.

1:06

No, no.

1:11

It's been moved and seconded to approve the proposed minutes of the February 24th meeting.

1:16

I'll poll the commissioners.

1:18

Commissioner Miller.

1:20

Yes.

1:20

Commissioner Smith.

1:22

Yes.

1:22

Commissioner Cleary.

1:24

Yes.

1:25

Commissioner Wicksparl.

1:27

Yes.

1:27

The minutes are approved as submitted.

1:31

Please announce the next item.

1:33

Item number four, file number 251742, the discharge appeal of Deshaun L.

1:39

Smith, Electrical Worker, Department of Public Works.

1:47

State statute and our rules allow a city employee to appeal a discharge action.

1:54

Today we're hearing an appeal from Deshaun Smith concerning his discharge, which was signed on December 23rd, 2025.

2:05

The commission will decide whether or not the department had cause to discipline the appellant.

2:11

If we find they did have cause, the commission will decide the appropriateness of the penalty.

2:17

The court reporter will swear in witnesses just prior to their testimony.

2:23

I want to remind everyone that only one person can talk at a time because the reporter has to be able to hear the speaker in order to make a record of the hearing.

2:35

The parties have stipulated to certain exhibits and other matters, including the fact that Mr.

2:43

Smith filed a timely appeal.

2:50

This hearing will be conducted as follows.

2:54

First, we'll consider the exhibits.

2:57

Second, we'll have opening statements from each of the parties.

3:02

Third, we will have testimony from the witnesses.

3:06

Each witness will be subject to questions from the commissioners and cross-examination by the other party.

3:14

Fourth, we'll have closing statements by each of the parties.

3:18

And finally, the commission will deliberate on the matter.

3:22

Typically, our deliberations are conducted in closed session, and then we announce our decision in open session.

3:32

At each step in the process, the department goes first and the appellant second.

3:38

There'll be a lunch break at noon.

3:41

If the hearing were not completed by 4:30, staff will work with the parties to select an additional hearing date.

4:03

Yes, sir.

4:04

I have.

Discussion Breakdown — Share of Meeting
Pending Litigation███████████████████19%
Procedural███████████████15%
Personnel Matters███████████████15%
Public Safety██████████10%
Workforce Development█████████9%
Public Works███████7%
FMLA Policy██████6%
Vehicle Registration██████6%
Substance Abuse Policy█████5%
Summary of Proceedings

Board of City Service Commissioners Discharge Appeal Hearing - March 10, 2026

The Board of City Service Commissioners convened on March 10, 2026, to hear the discharge appeal of Deshon L. Smith, an Electrical Worker with the Department of Public Works (DPW). After a full day of testimony and deliberation, the commission unanimously upheld the discharge, finding that the department had just cause to discipline and discharge the appellant.

Consent Calendar

  • The commission approved the minutes of the February 24, 2026 meeting by a 5-0 vote.

Public Comments & Testimony

  • No public comments were made.

Discussion Items

  • The hearing focused on two alleged violations of DPW's drug and alcohol policy: a refusal to submit to an observed collection on July 9, 2024, and a refusal to submit to a required follow-up test on December 19, 2025. The department presented witnesses including safety supervisor Donald Laster, who testified that the appellant was informed that a second violation would result in discharge. The department also introduced evidence that the appellant's Substance Abuse Professional (SAP) was his mother, which the department argued created a conflict of interest. The appellant testified that he refused the December test because he believed he had completed all required tests based on the testing schedule provided by his mother, the SAP. The commission heard from expert witness Joseph Glassman, who stated that employees do not have the right to refuse a test under these circumstances and that testing schedules are confidential and should not be shared with employees. The hearing lasted from 9:09 AM to 3:55 PM, including a lunch break and a closed session for deliberation.

Key Outcomes

  • The commission voted 5-0 to find that the department had just cause to discipline the appellant.
  • The commission voted 5-0 to uphold the discharge action, affirming that the penalty of discharge was appropriate.

Meeting Transcript

My name is Frank Bach and I serve as the President of the City Service Commission. Ms. Moore informs me that we are only recording on teams and not on Granica's. The first item on today's agenda is a call to order. This March 6, 2026 meeting of the Board of City Service Commissioners is called to order. The next item is the roll call. Will the executive secretary please call the roll? Vice President Miller. President. Commissioner Cleary. Present. Commissioner Smith. Present. Commissioner Wittsburne. Present. President Bach. Present. Five present. Thank you. Next item, please. Item three, file number 251-741. Communication for the approval of the February 24th, 2026 meeting minutes. Do commissioners have any comments or questions concerning the proposed minutes? No. No, no. It's been moved and seconded to approve the proposed minutes of the February 24th meeting. I'll poll the commissioners. Commissioner Miller. Yes. Commissioner Smith. Yes. Commissioner Cleary. Yes. Commissioner Wicksparl. Yes. The minutes are approved as submitted. Please announce the next item. Item number four, file number 251742, the discharge appeal of Deshaun L. Smith, Electrical Worker, Department of Public Works. State statute and our rules allow a city employee to appeal a discharge action. Today we're hearing an appeal from Deshaun Smith concerning his discharge, which was signed on December 23rd, 2025. The commission will decide whether or not the department had cause to discipline the appellant. If we find they did have cause, the commission will decide the appropriateness of the penalty. The court reporter will swear in witnesses just prior to their testimony. I want to remind everyone that only one person can talk at a time because the reporter has to be able to hear the speaker in order to make a record of the hearing. The parties have stipulated to certain exhibits and other matters, including the fact that Mr. Smith filed a timely appeal. This hearing will be conducted as follows. First, we'll consider the exhibits. Second, we'll have opening statements from each of the parties.

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