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HomeMy WebLinkAbout1978-08-17 CSB MINUTESj I , MINUTES BOARD OF CAREER SERVICE COMMISSIONERS PRESENT: ABSENT: OTHERS PRESENT: August 17, 1978 Judith Henning, Jo Ellen Turner, Robert Brundage, William Hanson, Edward White None Mel BeVirt, Hugh Brown, Jim Curnes, Chief Robert Holmes, Al Rhoades, Judge Parkinson, Carolyn Boettger, Patrice Patrone, Linda Cuthriell, Sandy Nelson, Barbara Penny. ********** Commissioner Henning called the meeting to order and asked the Board if there were any additions or corrections to the July 20, 1978 minutes. Commissioner Brundage pointed out that on the third page of the July 20th minutes at the bottom of the page it reflected that Commissioner Henning "moved". Commissioner Brundage stated that he had made the motion. Commissioner Brundage moved and Commissioner Hanson seconded that the minutes of the July 20, 1978 meeting be approved as corrected. AYES: NAYS: Henning, Turner, Brundage, Hanson White None *********** Commissioner Henning asked the Board if there or corrections to the July 26, 1978 minutes. moved and Commissioner Brundage seconded that 26, 1978 meeting be approved as distributed. were any additions Commissioner Hanson the minutes of July AYES: NAYS: Henning, Turner, Brundage, Hanson White. None ********** Board of Career Service Commissioners Minutes Page Two The next item on the agenda was the Employee Associations' Choice. Al Rhoades stated that he had nothing to report. ********** The next item on the agenda was the City Manager's Choice. Jim Curnes stated he had nothing to report. ********** The next item on the agenda was the Employee Relations Director's Choice. Mr. BeVirt passed out a memo from the City Attorney, as requested by the Board, regarding the status of Municipal Court with the Career Service System. (Whether or not the employees of Municipal Court should be covered under Career Service.) In addition, Mr. BeVirt stated that the City Attorney's response to Commissioner Brundage's question regarding a possible conflict between the Court Administrator position and the Chief Court Clerk was that he speculated no conflict. Commissioner Brundage requested that the City Attorney's opinion be submitted in writing for the record. Mr. BeVirt then asked the Board to refer to the July 20th minutes, page 4, third paragraph on Josetta Canavate's grievance of due process. Mr. BeVirt stated that a motion was suggested by Commis- sioner Henning, but that no action was taken because David Goodman had walked in. Mr. BeVirt recommended a formal motion on the issue. Commissioner Turner moved that the Board deny Canavate's second grievance concerning due process because the Code clearly speels out that a Board hearing will be held after the action of the appoint- ing authority. Commissioner Hanson seconded the motion. AYES: NAYS: Henning, Turner, Brundage, Hanson, White None Mr. BeVirt stated that his next item of concern was a request for consideration for the promotional examination of Sereant that was received from Officer Carson. Mr. BeVirt explained that the request was received on August 17th and the deadline for submitting requests was August 16th. Mr. BeVirt suggested that Chief Holmes relate the details surrounding the matter. Board of Career Service Commissioners Minutes Page Three Chief Holmes stated that Lt. Stanley had contacted Officer Carson to clarify what time the request was turned in. Lt. Stanley had relayed to Chief Holmes that Officer Carson stated he had turned in his request on August 16, 1978 to the Records Division after 3:00 p.m. Mr. BeVirt added that notices were sent out outlining that requests should be submitted in writing no later than August 16th. BeVirt also stated that the office mail between the Police Department and City Hall is picked up before noon and brought to the departments. BeVirt contended that Mr. Carson's intent was made on the proper day, but it was not received until a day late. After further discussion, Mr, BeVirt recommended that the Board accept Carson's application~ Howeve~, Mr~ BeV1~~ ~tated there is a concern that if the Board does accept Mr. Carson's application, that there may be grievances filed by others to accept their application. After several questions were raised and answered, Commissioner Brundage moved to deny Officer Carson's application because it was not received in a timely fashion. Commissioner Turner seconded. AYES: Turner, Brundage NAYS: Henning, White, Hanson Commissioner Henning stated that the motion failed and therefore requested a motion to accept OfficerCarson's intent. Commissioner Hanson moved and Commissioner White seconded to accept the intent of Officer Carson to participate in the Sergeant's examination. AYES: Henning, White,Hanson NAYS: Turner Brundage Mr. BeVirt's next choice was with regard to Craig Nelson's grievance of July 16, 1978. Mr. BeVirt explained that the City did not respond to the grievance in writing within the specified ten-day limit. Chief Holmes admitted that Mr. Nelson's complaint regarding leave without pay was answered in a memo on July 11, 1978. However on July 16, 1978, Mr. Nelson filed a formal grievance and in a meeting on July 18th or 19th, Mr. Nelson was informed verbally that the grievance was being denied. Mr. Nelson is contending that his copy of the signed grievance was not returned to him within the ten-day limit and that he was there- fore requesting pay for the eighteen hours charged to leave without pay. Board of Career Service Commissioners Minutes Page Four Commissioner Henning asked Chief Holmes if his memo of ·July 11th would have been an attachment to the grievance, to which Chief Holmes answered yes. Commissioner Henning therefore insisted that the grievance process had been followed informally with the July 11th memo. Chief Holmes reiterated that the grievance had not been formally filed on July 11, 1978. Mr. BeVirt stated that the intent of the grievance procedure was followed in that a decision had been made and given to the employee. Even though the written decision was not extended to the employee, the employee still had knowledge of the decision in a timely fashion. Chief Holmes stated that Mr. Nelson wasn't satisfied with the decision and that Mr. Nelson had indicated he would appeal it. Commissioner Henning pointed out that a technical violation is not sufficient enough to overturn the intent of the procedure. After a lenghty discussion on time limitations, Commissioner Turner moved and Commissioner Brundage seconded that Officer Nelson had a right to a written denial of his grievance and the record shows he did not receive one in a timely fashion, therefore his remedy sought be awarded by default. AYES: Turner, Brundage, White NAYS: Henning, Hanson Mr. BeVirt stated that his last choice was the job descriptions of Violations Bureau Clerk and Deputy Court Clerk. Mr. BeVirt asked that the Board accept the job description of Violations Bureau Clerk at grade level 1 and the Deputy Court Clerk job description at grade level 2; that vacancies be declared; and examinations be held for purposes of filing the two vacancies of Deputy Court Clerk. Mr. BeVirt also recommended that Linda Cuthriell, who is occupying a postion and performing the duties of Violations Bureau Clerk, not be required to take the examination for the Violations Bureau Clerk and that the part-time employee, who is also performing the duties of Violations Bureau Clerk, be required to take the examination if interested. Mr. BeVirt explained that the grade levels were determined by process- ing the job descriptions through the current classification plan and not through the Benchmark Classification System. Board of Career Service Commissioners Minutes Page Five Mr. BeVirt added that the eligibility list for Intermediate Clerk Typist for Municipal Court would be abolished, upon approval, so that specific testing for the Violations Bureau Clerk position could be accomplished. Judge Parkinson stated that he did agree with the job descriptions. Commissioner Brundage moved and Commissioner White seconded. to approve the job description of Violations Bureau Clerk at grade level 1. AYES: NAYS: Henning,Turner, Brundage, Hanson, White None Commissioner White then moved to approve the exemption of Linda Cuthriell from the required testing for the Violations Bureau Clerk position, since she had transferred from a like position and class; Commissioner Hanson eeconded. AYES: NAYS: Henning, Turner, Brundage, Hanson White None Commissioner White moved to approve the Deputy Court Clerk job description at grade level 2; Commissioner Turner seconded. Commissioner Henning asked if there was any further discussion, to which Judge Parkinson replied that there was a difference between Mr. BeVirt's recommendation and that of the Court's regarding the grade level of Deputy Court Clerk. Judge Parkinson therefore recommended separate motions for the job description and the grade level of Deputy Court Clerk. Mr. BeVirt pointed out that the position was evaluated from the current classification with the possibility and understanding that from the Benchmark review, the position would be upgraded from grade level 2 to grade level 3. After discussion and explanation of the current classification process, Commissioner Henning asked if the Board wanted to separate the grade level and the job description in the motion of Deputy Court Clerk. Commissioner Brundage contended that the Benchmark Classification System was not being utilized at the present time and therefore Commissioner Brundage recommended both issues be addressed in one motion. Board of Career Service Commissioners Minutes Page Six Judge Parkinson responded that from 138.3 of the Charter, that it is the power and the duty of the Board to conduct a hearing on all matters subject to Career Service approval. Mr. BeVirt then pointed out that from 5-5-1 of the Code, that the Board has the authority to establish a position and set the wage under its present classification plan and that the Board was functioning in that capacity. Commissioner White moved to approve the job description of Deputy Court Clerk as presented and Conunissioner Turner seconded. AYES : NAYS: Henning, Turner, Brundage, Hanson White None Commissioner Turner then moved that the Deputy Court Clerk position be established at grade level 2 and Commissioner Brundage seconded. Commissioner Henning asked if there was any discussion on the motion and Judge Parkinson contended that there was no documents of the results of the survey that Mr. BeVirt conducted presented to the Court for examination. Commissioner Henning suggested that Mr. BeVir~ ~ make available for the review of Municipal CoLlrt the point system ~ used to establish the grade level of Deputy Court Clerk. AYES: NAYS: Henning, Turner, Brundage, Hanson White None Mr. BeVirt recommended that upon City Council approval of the recommendation made by the Board, one vacancy be declared in the Violations Bureau Clerk position and two vacancies in the Deputy Court Clerk position. ' Commissioner Brundage moved and Commissioner Turner seconded that pending City Council approval on September 5, 1978 of these job descriptions, that the Board declare one vacancy to exist in the Violations Bureau Clerk position and two vacancies to exist in the Deputy Court Clerk position. When Commissioner Henning asked if there was any further discussion, Judge Parkinson recommended to the Board that vacancies not be de- clared in the Deputy Court Clerk position be c a u se people presently occupy those positions who have performed the duties for over a year. Judge Parkinson also stated that it was h is po sition that a reclassi-~ fication process instead of a promotional process was the issue. ~ Board of Career Service Commissioners Minutes Page Seven After further discussion, Commissioner Brundage moved to postpone indefinitely any declaration of vacancies of Deputy Court Clerk and Violations Bureau Clerk; Commissioner Hanson seconded. AYES: NAYS: Henning, Turner, Brundage, Hanson White None Mr. BeVirt stated that the dispute was with the Deputy Court Clerk position and that since there was no .dispute concerning the Viola- tions Bureau Clerk position, could the Board proceed with granting a vacancy in the Violations Bureau Clerk position upon approval of Council. NOTE: Commissioner Henning took a leave of absence and Commissioner Turner continued the meeting as follows: Commissioner White moved and Commissioner Brundage seconded to amend the previous motion and declare one vacancy in the Violations Bureau Clerk position, pending City Council approval. AYES: Turner~ Brundage, Hanson, White NAYS: None Commissioner Turner then called for a recess; Commissioner Henning called the Board back in session, Mr. BeVirt recommended and Commissioner Brundage moved for an opinion from the City Attorney regarding reclassification as opposed to promotion upon the establishment of a new position with the question being whether incumbent employees would have to go through promotional examinations if the grade level on the new position is higher thanthe one they possess or can it be done by simply reclassifying the employee; Commissioner Hanson seconded. AYES: NAYS: Turner, Brundage, Hanson, White, Henning None Board of Career Service Commissioners Minutes Page Eight Chief Robert Holmes then requested to address the Board. Chief Holmes requested that since the Board moved to accept Officer Carson's intent, that the Board direct him where to place Officer Carson on the established interview list. Chief Holmes advised the Board that there could possibly be dissatisfaction among the other applicants due to preferences of interview times~ After a lenghty discussion, the Board recommended that Officer Carson be placed on the last interview of the fourth day. ********** The next item on the agenda was the Commissioners' Choice, Commis- sioner Turner suggested that a meeting with Phil Oliver be established and asked when Mr. Oliver would be in town. Mr. BeVirt agreed to report to the Board regarding Mr. Oliver's schedule. Commissioner Henning presented a letter addressed to Al Rhoades in response to his letter to the Board. Commissioner Henning asked if the letter could be delivered to Mr. Rhoades tomorrow, since he had left the meeting earlier. Commissioner Henning also requested that the letter be attached to the minutes. Commissioner Brundage then stated that he had also prepared a state- ment in response to Al Rhoades' letter, Commissioner Brundage read his statement of dissatisfaction of the accusations made by the Employees Association. Commissioner Brundage requested that his statement be typed and attached to the minutes of this meeting. Commissioner Brundage also requested that a copy be sent to Al Rhoades, President of Englewood Employees Association. Commissioner White requested to rescind the motion regarding Officer Carson and revote on it. Commissioner Henning advised Commissioner White that the vote was 3 to 2 and that if he voted on the prevailing side, that he could ask for a reconsideration of the motion. The record was checked and Commissioner White moved to reconsider the motion allowing Officer Carson to take the promotional examination; Commissioner Hanson seconded. AYES: Turner, Brundage, Hanson, White NAYS: Henning Commissioner White then made a new motion that the Board refuse to accept Officer Carson's intent to take the examination of Sergeant and Commissioner Brundage seconded, AYES: Turner, Brundage, Hanson, White NAYS: Henning Board of Career Service Commissioners Minutes Page Nine Judge Parkinson made a final statement which included an apology to Commissioner Henning. Judge Parkinson stated that there was no bias to any member of the Board or to the City Manager's staff. Judge Parkinson emphasized that his efforts have been solely to maintain the independence of Municipal Court to make its own decisions. Commissioner Henning assured Judge Parkinson there was no personal animosity flowing in any direction, but that there was a strong difference of opinion. ********** The next item on the agenda was the approval of the eligibility lists. Commissioner White moved and Commissioner Brundage seconded to approve the following eligibility lists: Engineering Inspection Supervisor (Engineering) Mechanic (Public Works) Maintenanceworker (Parks) Junior Account Clerk (Finance-Purchasing) AYES: NAYS: Henning, Turner, Brundage, Hanson White None ********** The next item on the agenda was the Declaration of Vacancies. The vacancies of Engineering Aide II (Engineering), Maintenanceworker (Parks), Sergeant (Police), Traffic Engineer (Public Works), Lieu- tenant (Police), Captain (Police), Emergency Communicator (Police), Intermediate Clerk Typist (Fire), Administrative Assistant (Housing), and Plumbing and Mechanical Inspector (Community Development) were declared. Commissioner Brundage moved and Commissioner Hanson seconded the approval of the vacancies. AYES: NAYS: Henning, Turner, Brundage, Hanson White None ********** The next item on the agenda was the approval of the Personnel Actions, Commissioner White moved and Commissioner Turner seconded that the list of personnel actions be approved. AYES: NAYS: Henning, Turner, Brundage, Hanson White None ********** Board of Career Service Commissioners Minutes Page Ten Commissioner Henning called for a motion to adjourn the meeting. Commissioner White moved and Commissioner Hanson seconded to adjourn the meeting. AYES: NAYS: NEW PROBATIONARY EMPLOYEES: Quinn, Glenn A. Seitz, Robert Trevithick, Terry A. RESIGNATIONS: Bradley, Pelham C. Cranford, Lois L. Durant, Henry J. Ferguson, Paul Hand, J. Beth Lowry, Mary Lou Murray, Malcolm TERMINATIONS: Houpt, Kenneth Henning, Turner, Brundage, Hanson White None ********** Apprentice Operator/Trainee 2-A, Effective 8/21/78 Firefighter -4th Class Effective 7/17/78 Jr. Account Clerk .1-A, Effective 8/10/78 Police Officer-1st Class Effective 7/23/78 Junior Account Clerk 1-A, Effective 8/18/78 Engineering Inspection Supervisor 7-E, Effective 8/11/78 Superintendent 10-D, Effective 8/25/7S Recreation Supervisor 8-A, Effective 10/31/78 Emergency Communicator 4-E, Effective 7/19/78 Building Inspector 7-D, Effective 8/11/78 Maintenanceworker 2-A, Effective 8/1/78 '. 'I Bnard of Career Service Commissio~ers Minutes 0 Page Eleven PROBATIONARY TO PERMANENT WITH INCREASE: Hansen, Susan D. Jacinto, Martin Miller, Galen Vandemark, Albert G. Woempner, Stanley Woodard, Kenneth B. ANNIVERSARY INCREASES: Atkins, Malcolm Brown, Hugh H. Kelley, Karen Livergood, Patricia Robinson, Martin Siegel, Craig Slater, Ellis MERIT INCREASE: Patrone, Patrice Law Enforcement Aide 3-B, Effective 7/1/78 Plant Operator 6-B, Effective 8/1/78 Firefighter -3rd Class Effective 8/1/78 Housing and Rehabilitation Technician 7-B, Effective 8/16/78 Electro-Mechanical Technician 6-B, Effective 8/1/78 Plant Operator 6-B, Effective 8/1/78 Electrical Inspector 7-E, Effective 8/16/78 Administrative Assistant Effective 8/1/78 Childrens Librarian 8-C, Effective 8/1/78 Sales Tax Auditor 7-E, Effective 7/16/78 Mechanic 6-C, Effective 8/16/78 Maintenanceworker 2-E, Effective 7/1/78 Maintenanceworker 2-E , Effective 8/1/78 Intermediate Clerk-Typist 1-B, Effective 6/16/78 Board of Career Service Commissioner Minutes Page Twelve PROMOTIONS: Bueno, Isadore LATERAL TRANSFERS: Cuthriell, Linda Fessenden, Alice TEMPORARY UPGRADE: Brantley, Karen L. APPROVAL OF ELIGIBILITY LISTS: Engineering Inspection Supervisor 7-B, Effective 8/14/78 Intermediate Clerk Typist 1-D, Effective 7/17/78 Associate Planner 8-C, Effective 8/1/78 Computer Programmer/Systems Analyst 7-B, Effective 6/15/78 1. Engineering Inspection Supervisor (Engineering) 2. Mechanic (Public Works) 3. Maintenanceworker (Parks) 4. Junior Account Clerk (Finance-Purchasing) DECLARATION OF VACANCIES: 1. Engineering Aide II (Engineering) 2. Maintenanceworker (Parks) 3. Sergeant (Police) 4. Traffic Engineer (Public Works) 5. Lieutenant (Police) 6. Captain (Police) 7, Emergency Communicator (Police) 8. Intermediate Clerk Typist (Fire) 9. Administrative Assistant (Housing) 10. Plumbing and Mechanical Inspector (Community Development) Respectfully Submitted, . .. I' ri ~ . 3Lu . 'li;l\.J-Cl.J~ l W\.-V Chonita Hollins, Recording Secretary Approved, Judith B. Henning, Chairperson