Commission sustains rejection of yard‑attendant applicant after department cites pending correctional charges

The Milwaukee Board of City Service Commissioners on May 20 upheld the Department of Employee Relations' rejection of Rafael Gomez’s application for a yard attendant position after hearing staff describe pending criminal charges that the department said were substantially related to the job.

What the commission decided: Commissioners voted to reject Gomez’s appeal of the department’s March 7 rejection and leave his application on hold pending adjudication of the pending charges. The commission’s vote was recorded as yes by Commissioners Miller, Smith and Cleary.

Why the department opposed the application: DER staff told the commission Gomez met the minimum qualifications and passed the written exam but that his application was withheld because of pending felony charges filed in September 2024 alleging misconduct and abuse while he worked as a correctional sergeant. Jamie Hever, an HR representative for the Department of Employee Relations, told commissioners the department considered those charges substantially related to yard attendant duties — including dealing independently with residents, assessing loads, taking payments and maintaining accurate records — and recommended denying the appeal until final adjudication.

Makeisha Porter, from the Department of Public Works’ operations division, described the on-the-ground duties for yard attendants at the city’s self-help yards and why staff consider de-escalation and precise recordkeeping important. “The scenarios in the yard could become stressful,” Porter said. “They need to remain polite, composed and diplomatic in every interaction.”

Gomez argued he is presumed innocent until proven guilty and told the commission he was advised not to discuss pending criminal proceedings: “I walk around as an innocent man,” he said. Commissioners and staff noted that if charges are dismissed or result in a not-guilty finding, Gomez may notify DER and be placed back on the eligible list.

Next steps and recordkeeping: The commission’s action leaves the DER decision in place and the applicant’s status subject to change if court outcomes remove the legal basis for rejection. The commission recorded that Commissioner Cleary seconded the motion to uphold the department; the record notes the appeal was rejected “subject to review upon final adjudication.”

Context: DER and the commission referenced Wisconsin law and the department’s internal hiring policies in discussing when criminal convictions or pending charges may be considered job-related. Commissioners said they have addressed similar cases previously and treated this matter consistent with past practice.