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HomeMy WebLinkAbout1978-10-19 CSB MINUTES' PRESENT: ABSENT: OTHERS PRESENT: I MINUTES BOARD OF CAREER SERVICE COMMISSIONERS October 19 , 1 978 Thursday Judith Henning, Jo Ellen Turner , Robert Brundage, William Hanson, Edward White None Mel BeVirt, Hugh Brown, Judge Parkinson, Carolyn Boettger, Chief Robert Holmes, Al Rhoades, Officer John Wing. ********** Commissioner Henning called the meeting to order and asked the Board if there were any additions or corrections to the September 21 , 1978 minutes. Commissioner Hanson moved and Commissioner White seconded to accept the minutes of the September 21 , 1978 minutes as distributed . AYES: NAYS: Henning , Turner, Brundage , Hanson , White None ********** The next item on the agenda was the Employee Association's Choice. Al Rhoades stated he had nothin g to report . ********** The next item on the agenda was the City Manager 's Choice. There were no representatives present . (Andy Mccown and Jim Curnes were attending an ICMA Conference in Cincinnati at the time of this meeting . ) ********** The next item on the agenda was the Employee Relations Director~s Choice. Mr. BeVirt stated that he had just received the City Attorney 's response to the Board's request regarding the reclassi- fication vs. promotion issue within the Municipal Court. After serveral minutes of review and questions, Mr. BeVirt explained that Board of Career Service Commissioners Minutes Page Two from the City Attorney's response, it would appear that incumbents who are occupying the newly created position of Deputy Court Clerk would, through reclassification, be classified as Deputy Court Clerks and it would not require any further testing to acquire that status. Mr. BeVirt further stated that it was his opinion that the City Attorney's response doesn't accurately reflect the situation in the Municipal Court with regard to Deputy Court Clerk and how the position was created. Mr. BeVirt then requested and recommended that before the Board accepts the opinion of the City Attorney regarding reclassification, that a meeting be scheduled with the City Attorney to discuss how he arrived at his opinion, and if that opinion would apply in all cases where employees were upgraded in pay. Mr. BeVirt assured the Board that , pending the outcome of the meeting with the City Attorney, there would be no loss of compensation or permanent status to the two employees in question who are presently acting Deputy Court Clerks and receiving compensation, because the action to permanent status could be made retroactive to the date that they were upgraded in the acting capacity . . Commissioner Henning stated that the question was in reference to "an establishment of a new position " and not just the reclassifi - cation of a position. Mr. BeVirt replied that he felt the City Attorney was referring to a different situation rather than what is present with the Court, and if the Board accepts the City Attorney's opinion, he wanted to make sure that it will apply to the Benchmark Classification Plan and that everyone understood it and could make the necessary adjustments when the Benchmark Classification Plan was adopted . Mr. BeVirt also pointed out to the Board that if a meeting with the City Attorney is held within ten days or before the next Board m~eting, the Board could at that time take action on the matter . Commissioner Henning asked Judge Parkinson if he had any comments to which Judge Parkinson replied that he was opposed to the situa- tion. Judge Parkinson further stated that the Court's recommenda- tion was clear in that the two incumbents are performing the exact duties of the position and therefore he was requesting a motion from the Board to grant these employees permanent status. After further discussion, Judge Parkinson pointed out that, from reviewing Career Service Board minutes, it was revealed that there were similar situations where the Board had simply reclassified or upgraded a position . Mr. BeVirt replied that the Career Service Board minutes should also reflect that none of these positions were newly created. Mr. BeVirt further explained that the positions Municipal Court referred to were reclassified positions and that in this particular case , the City Council had created a new position. Mr. BeVirt also stated that he wasn 't sure if the City could backtrack and rec l assify the ~ncumbent employees into these newly created Board of Career Service Commissioners Minutes Page Three positions. Mr. BeVirt reiterated that a clear opinion from the City Attorney be reviewed before the Board takes any action on this matter. Commissioner Brundage moved that the Board request the City Attorney or his assistant be present when le gal opinions are necessary or when presented to the Board. Commissioner Turner seconded the motion. AYES: NAYS: Henning, Turner, Brundage, Hanson, White None Commissioner Brundage then moved and Commissioner Turner seconded that a meeting be scheduled with the City Attorney within ten days regarding his opinion concerning Municipal Court positions. AYES: Henning, Turner, Brundage, Hanson NAYS : White Judge Parkinson then stated that he wanted the following statements a part of this record. "This brings a strong suspicion to Municipal Court that when a Court action is requested of this Board, it is treated in a different manner. It also brings up the question of why. It seems to us that we've done every- thing we can. #1, the langua ge of the ordinance seems to be unambiguous and clear; #2, We've waited for 60 days even for the receipt by this Board for the Attorney's opinion which the Court feels is unambiguous and clear. We seem to face every meeting with something else has to be done. We requested at this meeting, which was declined by this Board , to at lease make a finding of what these employees should do. Is our representation true or false -that they are doing precisely the same thing before we even made a recommendation and that all we've asked for was a change in the job description to more accurately reflect what they do and the reclassi- fication into the proper grade 1 The record should reflect if it doesn't in the minutes, that that request was denied. The Court itself made a survey as to what similar positions were paid in other metropolitan areas. That record is before the Board. We have a strong feeling that the Court is getting treated differently when it petitions this Board than at any other meetings, and I stand on that statement." Board of Career Service Commissioners Minutes Page Four Commissioner Henning replied that she felt the Board's problem in this matter is that they are faced with the reorganization of a department by legislative action of the Council . Commis- sioner Henning stated that the Board is treading, on what they feel is new ground, and they are relunctant to establish prece- dence on new ground, unless they thoroughly understand what they are doing. ********** The next item on the agenda was the Commissioners' Choice. The Commissioners had nothing to report. ********** The next item on the agenda was John Wing's grievance. Officer John Wing requested that the Board change its decision made last month denying his grievance of working 41 hours a week and only receiving compensation for 40 hours a week. Officer Wing stated that other employees of the department work 8 hours a day and are also granted the half-hour lunch period that the City Manager refers to and are not required to report to work 15 minutes early . Officer Wing further explained that the half-hour lunch is not a half-hour break, but a half-hour that you are relieved from routine patrol. Officer Wing went on to say that the officers are not relieved from duty because they are still on call . Officer Wing suggested that as a relief, an overlapping shift be put into operation. Officer Wing also concluded that the City, from his calculations, was getting two or three additional police officers with no pay. Therefore , Officer Wing was appealing to the Board to reverse their decision and hear his grievance in its entirety. Commissioner Henning asked Officer Wing how long he had been on the force to which Officer Wing replied 8~ years. Commissioner Henning aksed if this had always been the case where officers were required to report to work 15 minutes early. Officer Wing replied no, but that since Chief Holmes had been in office, it had been required. Commissioner Henning then asked Chief Holmes if an officer is docked any pay for missing a roll call or being late for roll call. Chief Holmes replied that they were not docked, but if an officer continued to be late, he could be disciplined for it. Officer Wing contended that detectives, laboratory personnel and communicators work 37~ hours per week and still get paid for 40 hours a week . Board of Career Service Commissioners Minutes Page Five After further discussion and questions , Commissioner Henning asked if the Board wanted to reconsider their motion denying Officer Wing 's grievance. Commissioner Turner stated she didn't feel that they should recon - sider or reopen the grievance. Commissioner Turner suggested that since the grievance was worded poorly , that maybe Officer Wing should file a new grievance. Commissioner Henning then stated that Officer Wing isn't being treated any different than any other officer on the force. Commissioner Henning went on to state that unless the Board Js faced with a grievance from all the officers of the f o rce that working conditions are so bad at this point that some compen- sation has to be made for it, she for one was going to uphold the motion not to hear this grievance . Commissioner Henning reiterated that Officer Wing was not being treated differently than the other officers on the force and therefore she didn't think that its in the jurisdiction of the Board. Commissioner Brundage moved and Commissioner White seconded to reconsider the decision of the Board to deny Officer Wing•s grievance . AYES: White, Hanson NAYS: Hennin g , Turner, Brunda g e ********** The next item on the a g enda was Homer Richard's grievance. Mr . BeVirt stated that Mr. Richard's attorney had phoned earlier to say that he had a previous en g agement and would not be able to attend tonight's Career Service Board meetin g . Mr . BeVirt suggested that the Board reschedule a time and date to meet with both parties. It was mutually agreed to place Homer Richard's grievance on the agenda for the next regular Career Service Board meeting. ********** Board of Career Service Commissioners Minutes Page Six The next item on the agenda was the Declaration of Vacancies. The vacancies of Custodian (Public Works), Recreation Leader-Aquatics, Sports, and Public Relations (Parks), Ditch Rider (Utilities), Maintenanceworker/Operator Trainee (Wastewater), and Maintenance - worker (Public Works) were declared. Commissioner Hanson moved and Commissioner White seconded to approve the declaration of vacancies. AYES: NAYS: Henning, Turner, Brundage, Hanson, White None ********** 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 Aide I (Engineering) Recreation Supervisor (Parks and Recreation) Police Officer -4th Class (Police) Equipment Operator I (Public Works) AYES: NAYS: Henning, Turner, Brundage, Hanson, White None ********** The next item on the agenda was the Acceptance of the Personne l Actions. Mr. BeVirt suggested a motion regarding the reinstatement of Michael Renner . Mr. BeVirt stated that based on Mr. Renner's work record and the recommendations from his supervisor, City Man- ager and himself, that he be reinstated. Commissioner White and Commissioner Hanson seconded to reinstate Michael Renner with his former status not being disturbed. AYES: NAYS: Henning, Turner, Brundage, Hanson, White None Board of Caree r Se r vice Comm i ss i oners Mi n utes Page Seven Commissioner Hanson then moved and Commissioner T u rner secon ded that the r emaining list of personnel actions be accepted . AYES: NAYS: Henning , Turner , Brundage , Hanson , White None ********** Comm i ssion er He n ning called for a motion to adjo urn the meet i ng . Commissioner White moved and Commissioner Hanson seconded to adjourn the meet i ng . AYES : NAYS: NEW PROBATIONARY EMPLOYEES : Beck , Ronald H . Chatman , Alec P . Cloyd , Roger J . Kasch , Lynn Edward McHale , Joseph C. Mille r, John E . Morris , Toni A . Osieczanek , Cynthia M. Smaldone , John G. Tracy , Carolyn Henning , Turner, Brundage , Hanson , White None ********** Police Office r -4th Class Effective 10/1 0/78 Mechanic 's Helper 3 -A , Effective 9/18/78 Pol i ce Officer -4th Cl ass Effective 10/23/7 8 Firefighter -4th Class Effective 9/26/78 Police Officer -4th Class Effective 10/12/78 Engineering Aide I 3 -B, Effective 10/16/78 Administrative Assistant -Housing 8 -A, Effective 10/11/78 Law Enforcement Aide 3 -A, Effective 10/1/78 Mechanic 's Helper 3 -A, Effective 10/2/78 Recreation Supervisor 8 -A , Effective 1 0/23/78 Board of Career Service Commissioners Minutes Page Eight RESIGNATIONS : Armstrong , Donald Dolan, Sherri Hoover , Brett C . Renner, Michael F . Reynolds , Charles J . DISMISSALS : Holl ister, Donald W. Stuart , John M. RETIREMENTS -NORMAL Milner , Gerald I Travis , Albert L. RETIREMENTS -DISABILITY Taylor , Brooks H. REINSTATEMENT Renner , Michael F . Maintenanceworker 2 -A, Effective 10/6/78 Emergency Communicator 4-A, Effective 10/16/78 Maintenanceworker 2 -E, Effective 10/13/78 Maintenanceworker 2 -D , Effective 9/22/78 Police Officer -1st Class Effective 10/17/78 Maintenanceworker Operator/Trainee 2 -A , Effective 9/18/78 Drive r /Operator/Engineer Effec tive 9/25/78 Mechanic 6 -E , Effect i ve 10/1/78 Ditch Rider 3 -E , Effective 9/29/7 8 Traffic Engineer 11-E, Effective 8/1/78 Maintenanceworker 2 -D, Effective 10/23/78 Board of Career Service Commiss i oners Minutes Pa g e Nine PROBATIONARY TO PERMANENT WITH INCREASE : Antero , Gilberto Hall , James Hand , Beth J . Schne i der , Susie M. Tardy , Eugene F . ANNIVERSARY INCREASES : DeLia , Th omas Haselgren , James Havener , Gary L . Tyson , Gary L. PROMOTIONS : Baker , Carol L. Dady , Lester J . S l ater , El lis Trunck , Stephen Equipment Operator I 4 -B , Effective 10/1 /78 Appren t ice Operator/Trainee 2 -B , Effec ti v e 1 0/1/78 Recreation Supervisor 8 -B , Effective 10/1/78 Code Enforcement Officer 7 -C , Effective 10/1/78 Police Officer -3rd Class Effective 10/1/78 Bookmobi l e Driver 3 -C , Effective 10/1/78 Carpen t ry Supervisor 7 -E , Ef f ective 10/16/78 Assistant Director 1 1-D , Effective 11/1/78 Maintenanceworker 2-E, Effective 11/16/78 Emergency Communicator 4-B , Effective 9/16/78 Mechanic 6 -A , Effective 10/2/78 Equipment Operator I 4 -D , Effective 10/16/78 Driver/Operator/Engineer Effective 9/26/78 TEMPORARY APPOINTMENT TO ACTING STATUS : Goosman , Betty Acting Buyer 6 -C , Eff ec tive 10/1/78 Board of Career Service Commissioners Minutes Page Ten DECLARATION OF VACANCIES: 1. Custodian (Public Works) 2. Recreation Leader-Aquatics, Sports & Public Relations (Parks) 3. Ditch Rider (Utilities) , 4. Maintenanceworker/Operator Trainee (Wastewater) 5. Maintenanceworker (Public Works) APPROVAL OF ELIGIBILITY LISTS; 1. Engineering Aide I (Engineering) 2. Recreation Supervisor (Parks and Recreation) 3. Police Officer -4th Class (Police) 4. Equipment Operator I (Public Works/Streets) Respectfully Submitted , ~~~w Chonita Hollins , Recording Secretary APPROVED :