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HomeMy WebLinkAbout1977-03-03 CSB MINUTESPRESENT: ABSENT: AI.SO PRESEt'JT : I J MINUI'ES Board of Career Service Commissioners March 3, 1977 H. R. Hosanna, Jo Ellen Turner, William Hanson, Bob Brundage and Eg White None Karl Nollenberger, Richard Lorig, Bernard Berardini, Hugh Brown, Margaret Freeman, Andrea Mikesell, Karen Brantley, Martin Miller and Bill James. * * * * * * 'Ihe first item on the agenda being to decide if the grievance of Andrea Mikesell was grievable, Mr. Hosanna asked if the City was represented. Mr. Martin Miller, Attorney at Law, stated that he was representing the City of Englewood in this natter, and introduced a motion to dismiss the grievance. (See Exhibit "A"). He stated that the issue is whether or not it is a legal complaint. He was not questioning whether the Career Service Board has jurisdiction to interpret ordinances related to the employees of the City of Englewood, but that the issue is the fundamental principal ofwrether or not the city manager has the authority to choose from a list of eligible candidates whom he wants to hire. He stated that recently the question of what authority does the Career Service Board have to review a decision by the City Manager has been adjudicated. He cited the case of City and County of Denver -vs-Board of Commissioners of Denver (or Career Service Board of Denver). 'Ihe issue was whether the Career Service Board could review the selection of an individual for promotion to Police Captain. 'Ihe question is the same as the cited case, and that we are dealing with the rule of three. He stated that the Career Service Board would be overriding the authority of the City Council if they decide that the matter is grievable, since the Council, according to the ordinance, has given the City Manager the power to use his own discretion when hiring. He stressed that if the Career Service Board is unhappy with this practice then it is up to them to go to the Council and try to change it by having Council rrake an ordinance arnendrrent . Andrea Mikesell, who was not represented by Council spoke on her own behalf. She stressed to the Career Service Board members that they indeed do have the jurisdiction to decide on issues dealing with unfair practices toward employees. She stressed the fact that the ordinance states that when city employees are under consideration for positions, that their seniority will be taken into account and that at no time during the examination which she underwent, was this done. She stated that the oral examination was designed so that experience was not a factor involved in the practice. She questioned the discretion of the City Manager stating that many times he does not even know the employee, but must rely on the recornrendations of his department heads. She stated that she did have the recorrrnendation of her departrrent head, but 305 that the City Manager chose Dan Houston because of his race, to satisfy the Affirmative Action Program. Mr . Miller rebutted by stressing again that the Career Service Board does not have the jurisdiction to question the authority of the City M:l..nager , which is stated in the ordinances legislated by the governing body for the City of Englewood. He continued that if indeed Mrs. Mikesell has a discrimination grievance, than it should be heard by the proper body, and that she has already filed with the Civil Rights Comnission and Equal EnI>loyment Opportunity Commission, who do indeed have the right to hear it. Mrs. Mikesell ended by stressing again that the ordinance gave the Career Service Board the power to hear any grievance related to unfair practices toward errployees, and that she felt that she had a grievable matter because she was treated unfairly since her seniority with the City was at no t:i.rre taken into account. Both sides being heard, Mr. Hosanna referred to the letter of Andrea Mikesell which each board rrember received, and asked that it be entered into the record of the hearing. (See Exhibit "B"). With no further cornrrEnts from either side, Chairman Hosanna asked the Board to adjourn to discuss the matter and arrive at a decision . Tne Board returned after twenty minutes and Chairman Hosanna called the hearing to order. He stated that the Board had made a decision. Before hearing the Board's decision, the Chairman asked if the City would like a formal copy of the proceedings or if they would accept the decision as stated in the Minutes . They stated that ~ they would accept the minutes. Mr. Hosanna, Chairman, asked Andrea Mikesell if she W would accept the decision as stated in the Minutes of ir she wanted a formal copy of the proceedings of the hearing. She stated that she wanted a finding of facts and possibly a transcript. Mr. Hosanna asked Mr. Berardini to relate the Board's decision . Mr. Berardini stated that they could understand the errployee's unhapiness at not getting the position that she wanted, but that because the ordinances of the City of Engelwood as set by the City Council, gave the City Manager the discretion to choose whom to hire with the rule of three, and also because of the case cited by Mr. Miller of City of Denver -vs-Board of Corrnnissioners of Denver, the Board did not have the jurisdiction to question the decision made by the City Ms.nager and thus they had decided to dismiss the matter . Mr. Hosanna asked for a motion to dismiss the matter of the grievability of Mrs. ~ilkesell 's grievance. COMMISSIOi\J"ER BRUNDAGE· fv'DVED AND COMMISSIONER TURNER SECONDED, THAT THE GRIEVANCE OF ANDREA MIKESELL BE DISMISSED. Ayes: Nays: The :rr:otion carried. Hosanna, Turner, Hanson, Brundage, White None The hearing ended and the Board continued with the regular session a~er a five- minute recess . 306 * * * * * * Mr. Hosanna asked the Board to approve the minutes of the February 10th meeting as mailed. COMMISSICNER WHI'IE fvDVED Al\lD COMMISSIONER HANSON SECONDED THAT THE MINUIES OF THE FEBRUARY 10, 1977 MEETING BE APPROVED AS MAILED. Ayes: Nays: Hosanna, Turner, Hanson, Brundage, White None ****** Mr. Richard I.orig, Personnel Director, infonred the Board of the need to add two (2) new job descriptions to the Classification Plan; being the following: Golf Professional Golf Course Grounds Supervisor He explained that these positions are budgeted for the new golf course, and are the only two permanent positions which have been budgeted. The rest of the positions will be on a part-time basis. He indicated that the Golf Professional ended up in a Grade 10 position and the Golf Course Grounds Supervisor a Grade 7. To add validity to the description, classification was done according to the current rrethod and the method of the proposed revision, and it came out to be the same grade level in both cases. He explained that the Golf Course Grounds Supervisor will be responsible for handl- ing the grounds maintenance and for the individuals assigned to him to help take care of the gruunds itself. The Golf Professional will be responsible for giving golf lessons, handling the pro shop, etc . They are rroving forward with a Career Service classification so it can be entered into the pay plan as a starting point for hiring. Chairman Hosanna asked for corrnnents from the Board on either of the positions. Commissioner Brundage stated that he wondered if a golf professional could be classified as a City errployee. Bernard Berardini, City Attorney, stated that the golf pro would be a city errployee, but it is not the type of situation th8.t could be classified. He suggested to Mr. I.orig that the matter be reviewed to see if a contract arrangement could be made on a terrporary basis with a golf pro. He indicated that he didn't think it was one of those jobs which could be classified. Mr. I.orig stated that this was a consideration, but that the only reason for this was because of the time element. Mr. Berardini suggested that we declare the position open and test for it. Karl Nollenberger, Assistant City IVBnager, stated that at this point they are not sure how they want to handle it. He stated that the City has two alternatives: 1) Hire an errployee for the City that will be running the place and being paid a monthly salary and benefits; or 2) Hire an individual who is not a true city errployee, but who would sign a contract to operate the golf course and who would have the responsibility for lessons, golf shop, food, etc. He stated that they may want to go this route, but that in order to test the market they must have a 307 starting point. Once they have tested the market they will be able to decipher the feasibility of going on a contract basis. He indicated that with nine holes ~ it may not be a feasible proposition, but that by 1981 when we have an 18-hole ,_,, course, a contract basis may be definitely the way to go. He indicated that the City is at this time asking for the position to be classified because they need a pro in-house on April 1 and the decision will go to the Council meeting on IVbnday so that they can get things together such as the clubhouse, golf carts, etc. They want to proceed as soon as possible, and would like to have the position in the Classification Plan. Commissioner White suggested changing the name of golf professional . Karl Nollenberger stated that it is sometimes called golf superintendent, but the modern form of golf pro is not only a professional golfer , but also a business administrator. He stated that the City's preference is to go ahead with the classification so that they will have the ability to move forward as soon as possible. Richard 1.Drig stated that the golf pro is just a comm::m title, and indicated that it was the original recommendation of the Parks and Recreation I:Bpartment. COMMISSIONER HANSON MJVED AND ·~COIVJl\'lISSIONER WHTIE SECONDED TO ACCEPT THE JOB DESCRIPTIOi'JS FOR GOLF PROFESSIONAL AND GOLF COURSE GROUNDS SUPERVISOR lN'ID THE CITY CLASSIFICATION PLAN. eyes: Nays: 11he motion carried. Hosanna, Turner, Hanson, Brundage, White None * * * * * * Mr. Lorig stated that according to the Code, on an appeal basis, the Board has to na.ke a decision in a 30-day time period a~er the Letter of Appeal has been received. He indicated, however, that in the past they have gone ahead outside the limit when it has been agreeable to both parties involved. He stated that Mr. Henry O'Dell has agreed to the fact that he would agree to extend the period of time. * * * * * * Richard 1.Drig indicated that he had talked with the new fifth member of the Board toady and discussed the next meeting date with her . Unfortunately she was not able to attend the meeting tonight because of a prior committment, but Mrs. Heming had indicated that March 24th would be better. At that regular meeting the Board could also hold the appeal hearing. Mr. Hosanna asked for a motion to change the regular meeting from March 17, 1977, to March 24, 1977. COMMISSIONER TURNER MJVED AND COMMISSIONER HANSON SECONDED 'ID CHANGE THE REGULARLY SCHEDULED MEETING FROM MARCH 17th to MARCH 24, 1977 at 7:00 p.m., AND TO HEAR THE APPEAL OF HENRY ODELL ON THE SAME NIGHT. The motion carried. Ayes : Hosanna, Turner, Hanson , Brundage , White Nays: None ~08 * * * * * * Richard Lorig, Personnel Director, asked if it would be possible that at the rreet:ing on the 24th he could receive from the rrembers of the Board, dates when they would be available to hear specialists in regard to classification plans. He stated that when we receive the open dates from the Board members we can set up these study sessions. He :indicated that Mr. Phil Oliver, who ir'eceived the grant from the federal government to work on Benchmark classification, is ready to speak to us. He asked the Board to send us a calendar of meeting tirres that would be available and he would get back to them with dates and times. * * * * * * Chairman Hosanna stated that there are two positions to be certified; that of Equipment Operator (the candidates whom are Jrures Hoffbauer, Christopher Heelis, Dennis Cooper , Karl Ferguson, Douglas IVIcBee, and Richard Clark); and Law Enforcement Aide (the candidates be:ing Betty Forsberg and Kathleen Waesche). BRUNDAGE MJVED AND HANSON SECONDED 'ID ACCEPT THE ELIGIBILITY LISTS AS PRESEN'IED. Ayes: Nays: The motion carried. Hosanna, Turner, Hanson, Brundage, White None There being no further bus:iness to discuss, Chainnan Hosanna asked for a motion to adjourn. COMMISSIONER BRUNDAGE MJVED AND WHI'IE SECOJ.'JDED 'ID ADJOURN THE MEETING. Ayes: Nays: Hosanna, Turner, Hanson, Brundage , White None The motion carried and the meeting was adjourned. Herbert R. Hosanna Chairman 309 RESOLUTION NO. , SERIFS 1977 --- A RESOLUTION 'ID ADD 'IHE POSITION OF GOLF PROFESSIONAL 'ID 'lliE CLASSIFICATION PLAN. WHEREAS, the Board of Career Service Commissioners, in their rreeting of March 3, 1977, recornm2nded that the Job Description for the position of Golf Professional be added to the Classification Plan, NOW, 'IHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 'lliE CITY OF ENGLEWOOD, 'That the following Job Description be added to the Classification Plan: DEPARTMENT POSITION TITLE GRADE Parks & Recreation Golf Professional 10 ADOP'IED AND APPROVED THIS day of , 1977.. ----------~ Mayor ATI'EST: ex-officio City Clerk-Treasurer I, William Jarres, ex-officio City Clerk of the City of Englewood, State of Colorado, hereby certify that the above is a true, accurate and corrplete copy of Resolution No. , Series of 1977. ex-officio City Clerk-Treasurer