The Augusta Personnel Board voted Wednesday to uphold the firing of a former Richmond County Correctional Institution employee.
Miguel Rosario was seeking to have his termination stripped from his employment record.
The appeal stemmed from an incident Nov. 3, 2020, in which Rosario, a detail worker serving as a supervisor, refused to work in a location that housed two inmates with COVID-19.
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Rosario, who represented himself at the hearing, told board members he was concerned about the safety of his health if he worked that assignment. He said he told his supervisor, St. Sylvester Giddents, that he would “rather go home.” Giddens said he told Rosario to do whatever he thought he “needed to do.”
Rosario did not call in and did not show up for work the following two days. Rosario claimed that monitoring COVID-19 inmates was beyond the scope of his official job title. His duties typically included taking inmates outside, he said.
City staff attorney Jenise Smith questioned Warden Evan Joseph regarding his recommendation to terminate Rosario’s employment as of Nov. 17.
According to Joseph, Rosario had faced several disciplinary actions between 2017 and 2019 that involved improperly submitting requests for leave and for arguing with a supervisor.
“I looked at his entire history, and in my opinion, I just didn’t feel that Mr. Rosario was salvageable,” Joseph said.
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Smith explained that the city considered Nov. 3 as a no-show because Rosario left before his shift ended. That, she added, met the department’s requirement for termination of employment.
Rosario said that he did not want to be reinstated to his job with RCCI and disputed details of previous incidents. He stated that Giddens gave him permission to go home. He admitted to not calling in and not showing up for work on Nov. 4 and 5 but pointed out that procedure dictated he receive a suspension if he did. He asked the board to expunge the termination status from his record.
“I am not trying to go back to work there. There are a lot of things that go on there that I do not agree with,” he said.
Throughout the hearing, Rosario questioned the board about not being given the opportunity to question some of the city’s witnesses, including Giddens and Administrator Odie Donald.
After a short executive session, the board unanimously voted to uphold the city’s decision to fire Rosario. Rosario had been employed with the department since 2016.
Shellie Smitley is a correspondent for The Augusta Press. Reach her at producers@theaugustapress.com
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