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HomeMy WebLinkAbout1978-07-26 CSB MINUTESPRESENT: ABSENT: MINUTES BOARD OF CAREER SERVICE COMMISSIONERS July 26, 1978 (Special Meeting) Judith Henning, Jo Ellen Turner, Robert Brundage. William Hanson, Edward White OTHERS PRESENT: Mel BeVirt, Hugh Brown, Jim Curnes, Judge Parkinson, Carolyn Boettger, Chief Gerald Beeson ********** Commissioner Henning called the special meeting to order. There were no minutes to approve. ********** The first item to be discussed was the reorganization of the Fire Department. Mel BeVirt explained that the City Attorney, upon his request, had written a memo to the effect that the Board did have the authority to establish a wage for the Deputy Chief position, but that it also falls within the coverage of the Bargaining Unit. Mr. BeVirt continued to explain that there was no encumbent presently holding that capacity and that it would be a newly created position. Mr. BeVirt passed out job descriptions of the Deputy Chief position and further explained that the salary of $1902/month was based upon a salary survey of Aurora, Thornton and Lakewood, and also based upon the firefighter schedule. Chief Beeson recommended a r eorganization of the Fire Department as follows: He stated that in the past there were four Battalion Chiefs; three worked in fire suppression and one rotated in admin- istrative slots. He continued to explain that under the new reorganization he recommends five Battalion Chiefs; three working in fire suppression with one in charge of each shift, one working with Fire Prevention -Fire Marshal, and one working in the Training Division. Board of Career Service Commissioners Minutes Page Two Mr. BeVirt stated that as a result of the reorganization and changes in responsibilities, that a new Battalion Chief job description needed approval by the Board. He pointed out that the Benchmark format was followed for both the Deputy Chief and Battalion Chief descriptions. Mr. BeVirt explained that supervisors and managers fall under the Career Service Board System and at the same time included in the rank and file Bargaining Unit. Commissioner Henning asked if Chief Beeson concurred with the job descriptions that were presented to which Chief Beeson replied yes. Mr. BeVirt assured Commissioner Henning that the Deputy Chief position would shift over well with Benchmark. After discussing the job descriptions and salary, Commissioner Henning called for a motion. Commissioner Brundage moved to establish the position of Deputy Chief and approve the job description of Deputy Chief as submitted; Commissioner Turner seconded. AYES: Henning, Turner, Brundage NAYS: None Commissioner Turner then moved to declare a vacancy for the position of Deputy Chief and Commissioner Brundage seconded, AYES: Henning, Turner, Brundage NAYS: None After reviewing the Battalion Chief job description and recognizing the Battalion Chief position would be a rank below Deputy Chief, Commissioner Brundage moved and Commissioner Turner seconded to approve the job description of Battalion Chief and declare two vacancies for that position. AYES: Henning, Turner, Brundage NAYS: None ********** The next item that was discussed was the establishment of a hearing date for Mr. Malcolm Murray. Mr. BeVirt added that Mr. Murray had since resigned and wanted a hearing before his last working day. Board of Career Service Commissioners Minutes Page Three Mr. BeVirt explained to the Board that in February, 1978 an action to withhold a merit increase was processed, The increase was then approved in April, 1978. Mr. Murray filed a grievance that he didn't receive retroactive pay for the three-month postponement. Mr. BeVirt stated that there was never any promises that Mr. Murray would re- ceive retroactive pay and that there are no provisions or rules that pertain to retroactive merit increases in this case. Mr. BeVirt stated that there is a question as to whether the grievance is based upon the original denial of his merit increase or the retro- activity to determine if the grievance was timely filed, Mr. BeVirt pointed out that if Mr, Murray was going to grieve, he should have done so when the merit increase was denied in February, 1978. Commissioner Brundage stipulated that Mr. Murray had not earned the merit increase in February, 1978 and should not be granted retro- active pay to that date. Commissioner Henning stated that from her interpretation of the Code, merit increases were at the discretion of the appointing authority and are not automatic. Therefore, she didn't see that the Board had any jurisdiction over the matter. Commissioner Turner moved to deny Mr. Murray a hearing on the basis that it was not timely filed; Brundage seconded, AYES: Henning, Turner, Brundage NAYS: None ********** The next item to be discussed was Municipal Court employee reorgani- zation. Judge Parkinson stated that if an authority issue was re- solved it could possibly expedite the other matters to be discussed. Judge Parkinson stated that it was his interpretation of the minutes of last Career Service Board meeting that the Court Administrator had no standing to appear before the Board, and that all requests should come from the City Manager. Judge Parkinson went on to say that since the City Manager has no direct power over Municipal Court, then he should likewise have no direct power to approve or disapprove any actions requested by the Court. Commissioner Henning responded that the Board has never denied any employee to speak before the Board, and that Judge Parkinson's interpretation of the minutes was incorrect. Commissioner Henning added that classification issues are usually brought before the Board by the Department Head or operating through the Employee Relations Director, Board of Career Service Commissioners Minutes Page Four Judge Parkinson contended that, as Court Administrator, Carolyn Botteger, was capable of addressing the Board. Mr. BeVirt clarified that Jim Curnes, City Manager, had questioned Carolyn Botteger if she she was representing the Court or the Employees' Association. No implication was made that she had no right to address the Board. Mr. Curnes added that at the time, Ms. Botteger was not Court Administrator, but in a clerical position. Judge Parkinson stated that in addition, no action had been taken on his memo dated March 24, 1978 concerning job descriptions for Municipal Court employees. It had been discussed that the descrip- tions could be included in Benchmark system in July, but due to the fact Benchmark can not go into operation prior to January, 1979, he was renewing his original request that the Board act upon the reorganization of Municipal Court. Judge Parkinson recommended that his memo of March 24, 1978 be included in the minutes of this meeting, Commissioner Henning concurred. Judge Parkinson explained that he didn't feel it was necessary to test and establish eligibility lists because the Court has employees in the capacity of positions discussed that are quali- fied and that the testing procedures and qualifications didn't match the skills of these positions, After a lenghty discussion, Commissioner Henning summarized Judge Parkinson's recommendations as follows: Court Administrator -new job description has been approved; it was a new position; it has been tested; and the vacancy filled, Chief Court Clerk -old job description of Municipal Court Clerk; grade 5. Deputy Court Clerk -no job description; request new job descrip- tion at grade 3 to establish position. Violations Bureau Clerk -new job description approved; present encumbent (Clerk Typist) be hired in that position .. Commissioner Henning insisted to Judge Parkinson that if a new position is established and a job description, that means that we will post, test, and hire, and there's not going to be any moving encumbents. Board of Career Service Commissioners Minutes Page Five Commissioner Henning called for a motion. Commissioner Brundage moved and Commissioner Turner seconded that the Employee Relations Director prepare a job description and establish a grade level of the new position of Deputy Court Clerk under the current classifi- cation system by August 17, 1978 at the next regular meeting, AYES: Henning, Turner, Brundage NAYS: None Commissioner Henning called for a separate motion on the Violations Bureau Clerk. Commissioner Turner moved that the Employee Relations Director prepare a job description by August 17, 1978 for the new position of Violations Bureau Clerk and a grade level; Corrunissioner Brundage seconded, AYES: Henning, Turner, Brundage NAYS: None Commissioner Brundage then moved that a clarification by City Attorney be requested on the definition of Municipal Court Clerk as contained in City Charter vs. the newly established position of Court Administrator as to the status of a possible conflict between the two positions, Commissioner Turner seconded that motion. AYES: Henning, Turner, Brundage NAYS: None Judge Parkinson closed with the following comments. He stated that the Employee Relations Director serves under the pleasure of the City Manager, and the Court's position is that recommendations are not what City Manager tells us to do. He also stated that the Employee Relations Director wears two hats; one as designee of the City Manager and one as an expert adviser to this Commission, Judge Parkinson inquired which hat does Mr. BeVirt actually wear during his function now? Mr. BeVirt responded that with reference to 5-2-7 of the City Code, that he is acting as an aide in giving assistance to the Board in the performance of their duties, Board of Career Service Commissioners Minutes Page Six After further discussion, Commissioner Henning stated that as far as it applies to Career Service, classification of employees, setting grades, etc., the appointing authority for Municipal Court is the City Manager and until a challenge is made and a direction which would remove Municipal Court employees from Career Service System, there is no way the Career Service Board can operate in any other fashion. ********** The next item was the approval of the eligibility lists. Commissioner Brundage moved and Commissioner Turner seconded that the eligibility list for PBX Operator (Finance) be approved, AYES: Henning, Turner, Brundage NAYS: None Commissioner Turner moved and Commissioner Brundage seconded that the eligibility list for Assistant Director of Community Development be approved. AYES; Henning, Turner, Brundage NAYS: None Commissioner Brundage moved and Commissioner Turner seconded that the Intermediate Clerk Typist (Municipal Court) eligibility list be postponed until August 17, 1978 due to ~eorganization of the Court, AYES: Henning, Turner, Brundage NAYS: None Commissioner Turner moved and Commissioner Brundage seconded that the eligibility list of Firefighter (Fire) be approved. AYES: Henning, Turner, Brundage NAYS: None Commissioner Brundage moved and Commissioner Turner seconded that the eligibility list of Law Enforcement Aide (Police) be approved. AYES: Henning, Turner, Brundage NAYS: None Board of Career Service Co mmissioners Minutes Page Seven Commissioner Turner moved and Commissioner Brundage seconded that the eligibility list of Court Administrator (Municipal Court) be approved. I AYES: Henning, Turner, Brundage NAYS: None Commissioner Brundage moved and Commissioner Turner seconded that the eligibility list of Maintenanceworker Operator/Trainee (Waste- water) be approved, AYES: Henning, Turner, Brundage NAYS: None Commissioner Turner moved and Commissioner Brundage seconded that the eligibility list of Maintenanceworker (Utilities) be approved, AYES: Henning, Turner, Brundage NAYS: None Commissioner Brundage moved and Commissioner Turner seconded that the eligibility list of Appr e ntice Operator (Wastewater) be approved. AYES: Henning, Turner, Brundage ********** Commissioner Henning called for a motion to adjourn, Commissioner Brundage moved and Commissioner Turner seconded that the meeting be adjourned. APPROVAL OF ELIBILITY LISTS: 1. PBX Operator (Finance) 2. Assistant Director of Community Development 3. Firefighter (Fire Department) 4. Law Enforcement Aide (Police) 5. Court Administrator (Municipal Court) 6. Maintenanceworker Operator/Trainee (Wastewater) 7. Maintenanceworker (Utilities) 8. Apprentice Operator (Wastewater) Board of Career Service Commissioners Minutes Page Eight Approved: Respectfully Submitted, Chonita Hollins Recording Secretary Judith B. Henning, Chairperson