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HomeMy WebLinkAbout1978-07-20 CSB MINUTESPRESENT: ABSENT: / J MINUTES BOARD OF CAREER SERVICE COMMISSIONERS July 20, 1978 Judith Henning, Jo Ellen Turner, Robert Brundage, William Hanson, Edward White. None OTHERS PRESENT: Mel BeVirt, Hugh Brown, Jim Curnes, Richard Edison, Betty Goosman, Chief Robert Holmes, Josetta Canavate. ********** Commissioner Henning called the meeting to order and asked the Board if there were any additions or corrections to the May 25, 1978 minutes. Commissioner Turner moved and Commissioner Brundage seconded that the minutes of the May 25, 1978 meeting be approved as distributed. AYES: NAYS: Henning, Turner, Brundage, Hanson, White None ********** The next item on the agenda was the Employee Associations' Choice. Richard Edison stated that since the Deputy Chief position would be a part of the Bargaining Unit, he felt that the wage should be negotiable. After further discussion concerning this subject, Commissioner Hanson moved that an opinion from the City Attorney be requested to ascertain who has the authority to determine the wage for the position of Deputy Fire Chief. The motion was seconded by Commissioner Brundage. AYES: NAYS: Henning, Turner, Brundage, Hanson, White None ********** Board of Career Service Commissioners Minutes Page 2 The next item on the agenda was the City Manager's Choice. Jim Curnes was not present at the time, but stated later during the meeting that he had nothing to add. ********** The next item on the agenda was the Employee Relations Director's Choice. Mr. BeVirt stated that his first choice was with regard to Malcom Murray, who had verbally requested that his grievance regarding a merit increase which was not made retroactive, be heard by the Board. Mr. BeVirt contended that no such request had been received by the Employee Relations Department in writing and therefore requested the Board's decision as to whether Mr. Murray should be granted a hearing. Mr. BeVirt continued to explain the procedure concerning an employee's dissatisfaction with the City Manager's ruling on a grievance should be made in writing. Mr. BeVirt also made reference to the minutes of the February 16th meeting which stated in part that Mr. Murray had indicated to him that he was undecided as to whether or not to file a griev- ance with reference to his denial, After further discussion between the Board and Mr. BeVirt, it was agreed that no action be taken at this time until a formal written tt request to be heard by the Board was received. Mr. BeVirt stated that his second choice was with regard to Josetta Canavate's appeal of her suspension. Mr. BeVirt recommended that the Board's action be to review the records now to establish if a hearing would be warranted. It was mutually agreed, and Mr. BeVirt proceeded to present the following dates of events. On June 20th, a letter was sent to Ms. Canavate from the City Manager concurring with the recommended 5-day suspension. On June 21st, a notice was sent to Ms. Canavate from the Employee Relations Department advising her of the 5-day appeal procedure. On June 23rd, Ms. Canavate received her right of appeal letter. On June 29th, an appeal was received from Ms. Canavate. Mr. BeVirt pointed out that the Code provides that an employee has five working days from the date of mailing of notice from the Board to appeal. Mr. BeVirt explained that from the date of mailing (6/21), the 28th would be the fifth day. Mr. BeVirt continued to state that if you use the working days in Ms. Canavate's case, it would include 22nd, 23rd, 25th, 26th, and 27th, which meant that two days had elapsed. Mr. BeVirt stated, however, that Ms. Canavate received the notice on the 23rd according to the registered receipt, which would still be five working days. Board of Career Service Commissioners Minutes Page 3 Mr . BeVirt stated that in addition, Ms, Canavate had filed a second grievance alleging that due process had not been followed on her suspension, which was filed on July 19, 1978. Mr. BeVirt stated that the position of the department head and the City is that the first appeal was untimely filed and that the second grievance is not valid. Commissioner Henning asked when the letter advising Ms. Canavate of her right to appeal was actually received. Mr. BeVirt answered that the date of the letter was June 21, 1978 and the secretary to the Board could testify to the actual date that the letter was mailed. The secretary to the Board stated that the letter left the office on June 21, 1978. Commissioner Henning again asked if there was any evidence to establish the actual date that the letter was mailed . Ms. Canavate presented the envelope that had contained the appeal letter and it was marked by the City of Englewood on June 22, 1978. Mr. BeVirt stated that he was not suggesting to the Board that this was a reasonable process and as a matter of fact, the City would like to air this particular grievance and would like to see it at a hearing. We should comply with · Co de Provisio n and if we dis a gree with those, we should request the Council to take appropriate action to modify that provision. Commissioner Henning contended that the Board must follow the Code. It was furhter stated that no matter which days were counted, Ms. Canavate's appeal did not comply with the 5-day stipulation. Commissioner Turner moved and Commissioner Hanson seconded that the appeal be denied because it was untimely filed. AYES: Henning, Turner, Brundage,Hanson NAYS: White After some discussion interpreting "mailing date" and "date received", Commissioner Hennin g mo ved that a letter to City Council indicating a change from "mailing date" to "date of receipt" be recommended; White seconded. AYES: NAYS: Henning, Turner, Brundage, Hanson White None Boa.rd of Ca.:ree.;r;> Serv;i,ce Compjj,q_q~one:r~ Minutes Page 4 Mr. BeVirt stated that another item concerning Canavate is that there was another grievance with regard to due process of the same sus- pension. Mr. BeVirt explained that the issue had already been summarized earlier and the City's position stated. Commissioner White asked when the second grievance was filed, Mr. BeVirt suggested that Chief Holmes could give a more detailed account of events. Chief Holmes gave a brief summary of dates and events, including the actual suspension. After some further dis- cussion, Mr. BeVirt reiterated that the appointing authority has the right to take action and that such action can take place before a hearing, according to provision 5-3-13. Mr. BeVirt further explained that in Canavate's case, she had a review by the depart- ment head and the City Manager, however, the opportunity to be heard by Career Service was not timely filed. After a lengthy discussion, it was decided that there was no possi- bility that the grievance would have been heard by the Board before the action took place and Commissioner Henning suggested that a motion denying the grievance be made. Mr. BeVirt suggested that since the Board's Attorney had walked in, that they break and meet with him. Commissioner Henning concurred. NOTE: After 10 minutes of deliberating, the Board was calle~ back into session by Commissioner Henning. Commissioner Turner moved to reconsider the motion of Canavate's grievance hearing and Commissioner White seconded. AYES: Henning, Turner, Brundage, Hanson, White NAYS: None Commissioner Turner then moved to uphold the right of appeal upon the recommendation of the Attorney; Commissioner White seconded. AYES: Henning, Turner, Brundage, Hanson, White NAYS: None Commissioner Henning requested that a hearing date be established for Canavate. After discussion between the Board, the City, and Canavate, it was agreed to extend the date of the hearing beyond the normal 30-day limitation, and August 10th at 7:00 p.m. was mutually agreed upon. Board of Career Service Commissioners Minutes Page 5 Mr. BeVirt indicated that there was one more item to be discussed which was in regard to the Municipal Court reorganization. Judge Parkinson had requested that the Board be addressed this evening, but due to the number of items on the agenda, it is requested that the Board establish a meeting date to discuss the reorganization of Municipal Court. It was agreed that the Board, Mr. BeVirt and Judge Parkinson would meet on July 25th at 7:00 p.m, ********** The next item on the agenda was the Commissioner's Choice. Commis- sioner Brundage requested to review the eligibility lists before the Board approved them. It was decided that the eligibility lists would be approved at the July 25th meeting. Commissioner White commented that some time ago there was a recommen- dation by the Board on standby time for the Streets or Water Depart- ment. He requested to see the minutes where the Board approved the standby time. NOTE: Commissioner Henning had to leave ~ Commissioner Turner continued the meeting as follows: Commissioner Turner suggested that a meeting with Phil Oliver on the Benchmark classification be scheduled in the near future because the last meeting was too brief, The Board members agreed that such a meeting was desirable, ********** The next item on the agenda was the approval of the eligibility lists. Commissioner Brundage moved to delay the approval until Tuesday, July 25, 1978 at the scheduled meeting for Municipal Court; Commissioner Hanson seconded, AYES: Turner, Brundage, Hanson, White NAYS: None ********** The next item on the agenda was the Declaration of Vacancies. Commissioner Turner stated that the Declaration of Vacancies included Wastewater Apprentice Operator (Wastewater), Jr, Account Clerk (Finance), Engineering Inspection Supervisor (Engineering), Mechanic (Public Works), Traffic Engineer (Public Works), and Police Officer (Police). Mr, BeVirt explained that there were four Police Officer vacancies with the Police Department instead of one. Commissioner White moved and Commissioner Hanson seconded to accept the Declaration of Vacancies. Board of Career Service Commissioners Minutes Page 6 AYES: Turner, Brundage, Hanson, White NAYS: None ********** The next item on the agenda was the approval of the Personnel Actions. Commissioner Turner commented that she had never noticed the temporary appointment to acting status actions, Mr, BeVirt pointed out that there were more than usual being approved at this meeting. Commissioner Brundage inquired about Canavate's Personnel Action. Mr. BeVirt explained that either the Personnel Action could be accepted as is and make all necessary adjustments or corrections later; or a motion could be made to hold off on her Personnel Action until the hearing was final. Commissioner White moved to hold off on Canavate's Personnel Action until hearing is final and to approve the remaining Personnel Actions; Commissioner Brundage seconded, AYES: Turner, Brundage, Hanson, White NAYS: None ********** Mr. BeVirt stated that there was one more item with regard to the promotional procedure with the Police Department positions. Chief Holmes stated that in order to get promotions under way for two vacant positions, the testing procedures needed the Board's approval. Chief Holmes made the following recommendations for approval: That one Captain instead of two be on the oral board for Lieutenant and Sergeant positions; The oral board for Lieutenant be extended to seven instead of five; and that a psychologist be present on each oral board if possible. Commissioner White moved and Commissioner Hanson seconded to approve the recommendations of Chief Holmes with regard to oral board. AYES: Turner, Brundage, Hanson, White NAYS: None ********** Board of Career Service Commissioners Minutes Page 7 Commissioner Turner called for a motion to adjourn, Commissioner Brundage moved and Commissioner White seconded that the meeting be adjourned, AYES: Turner, Brundage, Hanson, White NAYS: None PERSONNEL ACTIONS NEW PROBATIONARY EMPLOYEES; Dady, Lester J. Cheuvront, James D. Hollister, Donald W. Houpt, Kenneth D. Love, Richard A. Salas, Kenneth Snyder, Cynthia A. Straight, Bonnie Mechanicts Helper 3-A, Effective 6/26/78 Mechanic's Helper 3-A, Effective 5/28/78 Maintenanceworker/Operator Trainee, 2-A, Effective 7/16/78 Maintenanceworker 2-A, Effective 6/5/78 Assistant Director of Community Development 11-A, Effective 6/1/78 Maintenanceworker 2-A, Effective 6/21/78 PBX Operator 1-A, Effective 6/22/78 Law Enforcement Aide 3-A, Effective 6/19/78 Board of Career Service Commissioners Minutes Page 8 PROBATIONARY TO PERMANENT STATUS WITH INCREASE: Baresel, David F. Brandsma, Gregory Carr, Willis E. Cummings, Ronald L. French, Robert L. Galasso, Kenneth W. Horner, Charles J. Houston, David B. Lawler, John Medlock, James Nelson, Sandra L. Pittman, Gary Wardlaw, Arnold A. Whittaker, Gordon Zwibecker, Benjamin Water Plant Operator 6-E, Effective 6/1/78 Po l ice Officer -3rd Class Effective 6/6/78 Apprentice Plant Operator 5-C, Effective 8/1/78 Chief Mechanic 7-B, Effective 6/16/78 Maintenanceworker/Operator Trainee, 2-B, Effective 5/1/78 Police Officer -3rd Class Effective 6/9/78 Mechanic's Helper 3-B, Effective 6/16/78 Police Officer -3rd Class Effective 6/10/78 Animal Warden 3-B, Effective 5/16/78 Maintenanceworker 2-B, Effective 5/16/78 Junior Account Clerk 1-B, Effective 6/1/78 Chief Code Enforcement Officer 10-B, Effective 6/16/78 Police Officer -3rd Class Effective 6/9/78 Lab Technician 6-B , Effective 6/1/78 Inspector-Troubleshooter 2-B, Effective ·7/1/78 Board of Career Service Co mmissioners Minutes Page 9 PROBATIONARY TO PERMANENT STATUS WITHOUT INCREASE: Faubion, Wayne A. Stanley, Allan F. ANNIVERSARY INCREASES: Barton, Edwin Edison, Richard William Egri, George Kasson, Gary L. Laufert, Corinee Murray, Malco l m R. Phelps, Jerry Reynolds, Ro bert Upton, Charles Equipment Operator I 4-E, Effective 5/16/78 Lieutenant Effective 6/9/78 Maintenanceworker 2-C, Effective 8/1/78 Firefighter -1st Class Eff e ctive 7/3/78 Police Officer -1st Class Effective 6/1/78 Police Officer -2nd Class Effective 7/1/78 Library Aide 2-D, Effective 6/16/78 Bui l ding Inspector 7-D, Effective 5/1/78 Lab Technician 8-C, Effective 4/12/78 Custodian 1-C, Effective 5/1/78 Animal Control Officer 3~D, Effective 6/16/78 Board of Career Service Commissioners Minutes Page 10 TEMPORARY APPOINTMENT TO ACTING STATUS: Fessenden, Alice French, Robert L. Helfer, Joseph C. Horner, Charles J. Medlock, James Nelson, Sandra L. PROBATION EXTENSION: Shicora, Sheryl L. MATERNITY LEAVE: O'Steen, Loretta RETURN FROM MATERNITY LEAVE: O'Steen, Loretta Acting Assistant Director 11-A, Effective 5/2/78 Acting Apprentice Operator 5-A, Effective 5/16/78 Acting Sergeant Effective 6/9/78 Acting Mechanic 6-A, Effective 6/23/78 Acting Apprentice Operator 5-A, Effective 5/16/78 Acting Clerk Steno 2-B, Effective 6/1/78 Police Officer -4th Class Effective 6/6/78 (Extended to 9/6/78) Secretary 3-E, Effective 6/5/78 Secretary 3-E, Effective 7/1/78 RETURN FROM TEMPORARY ACTING STATUS TO PERMANENT STATUS: Fessenden, Alice Associate Housing Coordinator 8-C, Effective 6/1/78 Board of Career Service Commissioners Minutes Page 11 TERMINATIONS: Akins, William Schuster, Robert LEAVE WITHOUT PAY: DeLia, Thomas SUSPENSIONS: Canavate, Josetta Lawler, Francis J. RESIGNATIONS: Abalos, Clarita C. Hall, Robert House, F. Steven · Meshefski, James R. Selby, Clifford Tucker, Michael Wilks, Kenneth Operator Trainee 2-A, Effective 6/2/78 Mechanic 6-C, Effective 6/2/78 (Disability dismissal) Bookmobile Driver 3-B, Effective 6/21/78 Emergency Communicator 4-D, Effective 7/9/78 Police Officer -1st Class Effective 7/5/78 Junior Account Clerk 1-A, Effective 7/3/78 Captain Effective 6/30/78 Associate Planner 8-E, Effective 5/31/78 Mechanic's Helper 3-A, Effective 6/23/78 Lieutenant Effective 7/3/78 Maintenanceworker 2-A, Effective 5/19/78 Police Officer -1st Class Effective 5/31/78 Board of Career Service Commissioners Minutes. Page 12 PROMOTIONS: Boettger, Carolyne French, Robert L. Medlock, James Winstanley, Arthur DEMOTIONS: (Voluntary) Patrone, Patrice DECLARATION OF VACANCIES: Court Administrator 7-A, Effective 6/6/78 Apprentice Operator 5-A, Effective 7/16/78 Apprentice Operator 5~A, Effective 7/16/78 Apprentice Operator 5-A, Effective 7/16/78 Intermediate Clerk Typist 1-A, Effective 6/16/78 1. Wastewater Apprentice Operator (Wastewater) 2. Junior Account Clerk (Finance) 3. Engineering Inspection Supervisor (Engineering) 4. Mechanic (Public Works) 5. Servicenter Superintendent (Public Works) 6. Traffic Engineer (Public Works) 7, Police Officer (Police) Respectfully Submitted, CJ~tCL~ Chonita Hollins Recording Secretary Approved, Judith B. Henning, Chairperson