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HomeMy WebLinkAbout1978-11-16 CSB MINUTESPRESENT: ABSENT: OTHERS PRESENT: MINUTES BOARD OF CAREER SERVICE COMMISSIONERS November 16, 1978 Thursday Judith Henning, Jo Ellen Turner, Robert Brundage, Edward White William Hanson Hugh Brown, Judge Parkinson, Carolyn Boettger, Linda Cuthriell, Chief Beeson, Rich Edison, Mr. Bob Newton, Homer Richard, Chief Hamilton, Rick DeWitt ********** Commissioner Henning called the meeting to order and asked the Board if there were any additions or corrections to the October 19, 1978 minutes. Commissioner White then moved and Commissioner Brundage seconded to accept the minutes of the October 19, 1978 minutes as distributed. AYES: Henning, Turner, Brundage, White NAYS: None ********** The next item on the agenda was the Employee Associations' Choice. Rich Edison had nothing to report. There were no other representa- tives present. ********** The next item on the agenda was the City Manager's Choice. There were no representatives present. (Andy Mccown and Jim Curnes were attending a meeting.) However, Hugh Brown did state that the City Manager's Office had nothing to report. ********** The next item on the agenda was the Employee Relations Director's Choice. Hugh Brown stated that he would pass, pending another item on the agenda. ********** Board of Career Service Commissioners Minutes Page Two The next item on the agenda was the Commissioners' Choice. The Commissioners had nothing to report. ********** The next item on the agenda was Homer Richard's grievance. Mr. Brown stated that the last correspondence with Mr. Richard's attorney informed him that the grievance would be reviewed after the regular meeting and therefore, neither Mr. Richard nor his attorney were present yet. Commissioner Henning suggested, with the permission of the other Board members, holding off on Mr. Richard's grievance. ********** The next item on the agenda was Fire Department testing. Chief Beeson stated that his proposal consisted of two recommendations. 1) The promotional examinations for Driver/Operator/Engineer (DOE), Lieutenant, and Captain be approved as outlined in a memo to Mr. BeVirt, which explained how the Fire Department would like to con- duct these examinations. (NOTE: The memo outlining the promotional examinations had been presented to the Board prior to this meeting which was reviewed in a study session.) And 2) That the job descriptions submitted in the Benchmark format be approved. Chief Beeson further explained the he was requesting that the order of Firefighter level be reversed to probationary firefighter, fire- figher 1st class, firefighter 2nd class and then to firefighter 3rd class. Chief Beeson stated that this process would align the fire- fighter positions or levels to the national standard, and also help to establish a criteria to evaluate employees at each level. After further discussion, Commissioner White moved and Commissioner Turner seconded to accept the recommendations of Chief Beeson on the changes in the promotional examinations for D.O.E., Lieutenant, and Captain as contained in the memorandum dated November 10, 1978. Commissioner Henning asked if there was any discussion on the motion, to which Commissioner Brundage replied that this process was a vast improvement over the previous method of examinati o n. AYES: Henning, Turner, Brundage, White NAYS: None Commissioner Henning then asked for a motion on the Fire Department job descriptions. Board of Career s ·ervice Commissioners Minutes Page Three Commissioner Turner moved and Commissioner White seconded to accept the new job descriptions as attached in the memorandum of November 10, 1978 from Chief Beeson of D.O.E., Lieutenant, and Captain, and also the four levels of firefighter. AYES: Henning, Turner, Brundage, White NA YS: None ********** It was then agreed to take action on the reclassification issue of the Deputy Court Clerk positions before proceeding to the next item on the agenda. Commissioner Brundage pointed out that 5-3-8, paragraph c of the Municipal Code states, "The reclassification of a position occupied by a permanent employee in the classified service shall not be con- sidered as a promotion". Commissioner Brundage also cited paragraph d which states "Any permanent employee in a classified service, upon being promoted to a new position in the Career Service System, shall have probationary status as set out above in any position to which he was promoted, but shall retain permanent status in his previous classification and may transfer back or be returned to that previous classification at any time during the probationary period." Commissioner Brundage stated that he felt the two paragraphs had some bearing on what the Board was trying to determine. Commissioner Henning stated that the question being delt with was whether the Board was going to treat the Deputy Court Clerk positions in Municipal Court as a reclassification or a promotion. Commissioner Henning then called for a motion. Commissioner White moved and Commissioner Brundage seconded to accept the recommendations of the City Attorney outlined in his memorandum dated October 19, 1978, that in this case, and this case only, would the Deputy Court Clerk position in the Municipal Court be treated as a reclassification to a grade 2 and not a promotion. AYES: Henning, Turner, Brundage, White NAYS: None ********** The next item on the agenda was the Declaration of Vacancies. The vacancies of Violations Bureau Clerk (Municipal Court)-1 vacancy, Plant Operator (Wastewater)-2 vacancies, and Electro/Mechanical Technician (Wastewater)-2 vacancies were declared. Commissioner White moved and Commissioner Turner seconded to approve the decla- ration of vacancies. Board of Career Service Commissioners Minutes Page Four AYES: Henning, Turner, Brundage, White NAYS: None ********** The next item on the agenda was the approval of the eligibility lists. Commissioner Turner moved and Commissioner White seconded to approve the following eligibility lists: Traffic Engineer (Public Works) Custodian (Public Works) Maintenanceworker (Public Works) Plumbing and Mechanical Inspector (Comm. Dev.) Ditch Rider (Utilities) Recreation Leader-Aquatics (Parks & Recreation) Recreation Leader-Sports & Public Relations (Parks) Maintenanceworker/Operator/Trainee (Wastewater) AYES: Henning, Turner, Brundage, White NAYS: None ********** The next item on the agenda was the Acceptance of the Personnel Actions. Mr. Brown stated there was one deletion under the section of resignations. Mr. Brown explained that Al Vandemark had withdrawn his resignation prior to th e effective date. Commissioner Brundage then moved and Commissioner White seconded to accept the personnel actions with the deletion of Al Vandemark's resignation. AYES: Henning, Turner, Brundage, White NAYS; None ********** The next item discussed was Homer Richard's grievance, which had been postponed earlier in the meeting due to the absence of Mr. Richard and his attorney, Mr. Bob Newton. Mr. Newton introduced himself and proceeded to summarize the events which led to Mr. Richard's grievance as follows: , Board of Caree r Service Commissioners Minutes Page Five In the early part of 1976 Mr. Richard was top on the eligibility list for the position of Driver/Operator/Engineer with the Fire Department. In the Spring of 1976, Durrel Bates, also a Fire Department employee, requested that he be granted a medical disability retirement fr om t he Pension Board. The Board denied Mr. Bates' request whic h r esulted in litig ation. In the early part of 1978 Judge Foote of the Arapahoe County District Court indicated that the decision of the Pension Board was contrary to the law. At that time, Judge Foote overturned the decision of the Pension Board and indicated that Mr. Bates should have received his pension and should have received it at the time he applied for it. Mr. Newton explained that if the Pension Board had acted in a legal, nonarbitrary and noncapricious manner, Mr. Richard would have then been appointed off the eligibility list to the position of Driver/ Operator/Engineer. Mr. Newton further explained that as a result of the action of the Pension Board and l ater litigation, Mr. Richard was not able to ~ sustain his placement on the eligibility list. Commissioner Henning then asked Mr. Newton the date of the Court's decision to which Mr. Newton replied there were two decisions. Mr. Newton stated that Judge Foote, by order dated January 6, 1978, in- dicated that the Board of Trustees of the Fire Pension Board had abused the discretion, and for that reason, Judge Foote overturned the decision as it relat e d to the specifics of Mr. Bates' pension. However, Mr. Newton explained, Jud g e Foote also indicated in that order that the order was stayed until the matter was ultimately con- cluded. Mr. Newton stated that on August 23, 1978 Judge Foote entered the final order from which the parties were capable of appeal. Commissioner Henning pointed out that the grievance was filed on August 4, 1978 which was pri o r to Judge Foote's final judgement of August 23, 197 8 , and therefore Mr. Newton was acting on the basis of the January 6, 1978 decision. Mr. Newton explained that he and Mr. Richard filed the grievance ahead of when they thought the Bates' case would be ultimately settled, and that the Bates' case was scheduled for a final hearing sometime in August, 1978. Mr. Newton further explained that he and his client had simply filed the grievance early. Assistant Ci ty Attorne y , Rick DeWitt, contended that it was decided on January 6 , 1 9 78 t hat Durrel Bates was entitled to his retirement. Board of Career Service Commissioners Minutes Page Six Mr. Newton stated that if the January 6th decision was an important issue, that he could bring in the parties involved to substantiate that even after the January 6th decision, Mr. Bates was not paid. Mr . Newton continued to state that the City's position was by virtue of the fact that Judge Foote's order was stayed until a final deter- mination of the denial of the planiff's (Mr. Bates') application for an additional 20% benefits, that they (the City) were not bound to pay Mr. Bates until the order was final. Mr. Newton further stated that it was inconsistant of the City to say on one hand that the order was not final and then to come back and say that apparently it was final. Mr. DeWitt asserted that the problem with that position was that they were dealing with two different situations and that the Career Service Board should not be bound by the Retirement Board's actions. Mr. DeWitt went on to say that in this particular case, the Career Service Board filled the vacancy of Driver/Operator/Engineer in February of 1978, the decision of Judge Foote was made in January of 1978, and therefore, the grievance was not timely filed. Mr. Newton then stated ''whatever this Board determines is ~bviously the decision of this Board.11 Mr. Newton continued to state that he was there to argue a case for Mr. Richard and that Mr. Richard was available on the date that the Pension Board made a decision, which was later overturned. Mr. Newton also stated that Mr. Richard should have had the Driver/Operator/Engineer position and that any case of failure to act in a proper fashion, is ultimately determined by the Court. After further discussion with the submission of Exhibit A (a copy of Judge Foote's January 6, 1978 order) and Exhibit B (a copy of Judge Foote's August 23, 1978 order), Commissioner White moved and Commis- sioner Turner seconded to deny the grievance of Homer Richard on the basis that it was not filed in a timely fashion, being that Mr. Richard's grievance was dated August 4, 1978 and the action being grieved was February 7, 1978 (date of Driver/Operator/Engineer appoint- ment). Commissioner Henning then asked if there was any discussion, to which Commissioner Brundage replied that he didn't think the Career Service Board had any other alternative but to vote against this grievance and that it was a very unfortunate set of circumstances to which he offered his sympathy. AYES; NAYS: Henning, Turner, Brundage, White None ·Board of Career Service Commissioners Minutes Page Seven Commissioner Henning then stated she was going to make a ruling from the Chair, which could be appealed by any Board member, that the Board would not hear any testimony on the grievance itself. ********** There was a short discussion of the progress of the Benchmark reclas- sification process and the satisfying presentation given by Mr. Phil Oliver. Commissioner Henning called for a motion to adjourn the meeting. Commissioner Brundage moved and Commissioner White seconded to adjourn the meeting. AYES: Henning, Turner, Brundage, White NAYS: None ********** PERSONNEL ACTIONS NEW PROBATIONARY EMPLOYEES: Pickrel, Randall G. Pokraka, Catherine M. Plizga, Joseph B. Trifunac, Petar Hvizdak, Evan D. Coy, Richard Collins, John M. Johnson, Kenneth L. Firefighter-4th Class Effective 10/24/78 Insurance Claims Clerk 2-A, Effective 11/6/78 Traffic Engineer 11-B, Effective 10/27/78 Ditch Rider 3-A, Effective 11/13/78 Police Officer-4th Class Effective 11/7/78 Maintenanceworker 2-A, Effective 11/6/78 Police Officer-4th Class Effective 11/1/78 Emergency Communicator 4-A, Effective 10/17/78 Board of Career Service Commissioners Minutes Page Eight NEW PROBATIONARY EMPLOYEES (Continued) Armstrong, Mary H. Peerboom, Lloyd C. Doolittle, William D. Baudien, Kenneth RESIGNATIONS: Reynolds, Carolyn Barger, Donald Woempner, Stanley Tune, John Vandemark, Albert G. VanAlphen, John R. Recreation Leader-Aquatics 4~A, Effective 11/15/78 Plumbing & Mechanical Inspector 7-A, Effective 11/8/78 Meintenanceworker 2-A, Effective 11/1/78 Custodian 1-A, Effective 11/6/78 Insurance Claims Clerk 2-A, Effective 11/3/78 Plant Operator 6-B, Effective 10/25/78 Electro~Mechanical Technician 6-B, Effective 11/15/78 Leadworker 5-B, Effective 11/15/78 Housing & Rehab. Technician 7-B, Effective 11/15/78 Police Officer -4th Class Effective 10/25/78 PROBATIONARY TO PERMANENT STATUS WITH INCREASE; Ch risty, Valerie Mickelson, Lu Anne Zinn, William Aultman, J, Dale Secretary 3-B, Effective 10/16/78 Sr. Recreation Supervisor 8-B, Effective 10/16/78 Mechanic's Helper 3-B, Effective 11/1/78 Mechanic's Helper 3-B, Effective 11/1/78 Board of Career Service Commissioners Minutes Page Nine ANNIVERSARY INCREASES: Bruns, Brian Frank, Karen Firefighter-1st Class Effective 11/16/78 Emergency Communicator 4-C, Effective 10/16/78 TEMPORARY APPOINTMENTS TO ACTING STATUS; Wood, Richard A. Holland, John K. Trunck, Stephen P. Lockwood, Keith RETURN TO NORMAL STATUS: Gough, Wallace K. Wood, Richard A. Holland, John K. Lockwood, Keith E. TITLE CHANGE: Cuthriell, Linda Acting Lieutenant Effective 8/22/78 (retro) Acting D.O.E. Effective 8/22/78 (retro) Acting D.O.E. Effective 7/1/78 (retro) Acting D.O.E . Effective 7/21/78 (retro) Driver/Operator/Engineer Effective 9/17/78 Driver/Operator/Engineer Effective 10/1/78 Firefighter -1st Class Effective 10/1/78 Firefighter -1st Class Effective 9/8/78 Violations Bureau Clerk 1-D, Effective 9/5/7a Board of Career Service Commissioners Minutes Page Ten DECLARATION OF VACANCIES: 1. Violations Bureau Clerk (Municipal Court) 1 vacancy 2. Plant Operator (Wastewater) 2 vacancies 3. Electro/Mechanical Technician (Wastewater) 2 vacancies APPROVAL OF ELIGIBILITY LISTS: 1. Traffic Engineer (Public Works) 2. Custodian (Public Works) 3. Maintenanceworker (Public Works) 4. Plumbing and Mechanical Inspector (Community Development) 5. Ditch Rider (Utilities) 6. Recreation Leader-Aquatics (Parks and Recreation) 7. Recreation Leader-Sports & Public Relations (Parks and Recreation) 8. Maintenanceworker/Operator/Trainee (Wastewater) Respectfully submitted, Chonita Hollins, Recording Secretary Approved: ydith B. Henning, G irperson