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Home My WebLink About1981-05-28 CSB MINUTES-... PRESENT : ABS ENT: CYIHERS PRF.SENT: //Q OOARD OF CAREER SERVICE CDMMISSIONER'3 May 28, 1981 MINUTF.S Jo Ellen Turne r, Catherine Polrraka , Janet Kerzic , Ix:mald Webe r Robert Brundage Mel BeVi rt , Emp loyee Relations Director Richard Wan ush , Assistant City Manager Paul Kapaun, E .E .A. President and asoociation rnanbers John Wing, E.P .B .A . President and association members Tony Jeffers, E .F.F.A. President and asoociation manbers * * * * * * * * Cha innan IX:>nald Weber called the meeting to order. O::xnnissioner Turne r nnved, seconded by Cbrrmissioner Polrraka to approve the minutes of the April 23, 1981 meeting. AYES: NAYS: Turner, Polrraka, Ke rzic , Weber None * * * * * * * * Item 3 on the Agenda was the Employee Association s ' Choice. Paul Kapaun, E.E.A. President presented the Board with eight job description s and reque sted that the Board determine whether or not they are supe r v ioory positions. Ch a innan Webe r stated that the Board had received the Association's request for clarification but v.o uld have to discuss the matter further and detennine how they will handle the matter. Chainnan Weber stated that the Board "WOuld set forth their detennina- tion in a letter within the next several weeks. John Wing, E.P.B.A. President thanked the Board for their time and effort during t he Sergeant Detennination Hearings. Tony Jeffers, E.F.F.A. President had nothing t o present. * * * * * * * * Itoo 4 on the Agenda was the City Manager's Choice. Richard Wanush, Assistant City Manager presented the Board with a letter containing stipulations between the City and the :Employees Association of thirteen }X)sitions which both parties have agreed to be Supervisory. Mr. Wanush requested that the Board detennine that the positions included in the stipulations be excluded from the bargaining tmit. In addition, he requested that the Board set a hearing date for unit d etennination o the position of Clerical SuperviS)r, which the Ass:>ciation and the City did not come to agreement on. Chairman Weber stated that the Board wo uld also tal(e this matter into consideration and render their decision at a later date. * * * * * * * * !too 5 on the Agenda was the Employee Relations Director's Choice. Mel BeVirt, l'lnr>l oyoo nolations Director expressed his appreciation for the Board's time and patience during the unit detennination hearings. * * * * * * * * !tan 6 on the Agenda was the Conmissioners' Choice. Chainnan Weber read into the record the findings and conclusions in the matter of petitiori of unit detennination for the positions of Police Captain, Lieutenant and Sergeant to be excluded from the Englev.oocl Police Benefit AsS)ciation (See Attached). Chairman Weber stated that the Board's detennination was approved by an unan:ilrous vote on May 23, 1981. Discussion followed the reading oJ the Findings and Conclusions. Chainnan Weber expressed the fuard's concern that the hearing process had becane too legalistic and in an effort to remedy this the Board will be preparing a draft of procedures and guidelines for structured but more infonnal hearings. Chah1nan Weber furth:!rstated that in the fut ure, all decisions rendered by the 13oard wHl be read into the record at the regularly scheduled public meeting. Richard Wanush expressed his concerns about the Board recei Ving additional evidence from the E.F.F. Association after the elose of the unit determination hearings. Chainnan Weber explained that the Board is open to receiving additional inJonnation a:L :my time from all concerned parties j_n an effort to be as fair as possible . Yes 1 the Board w;i:ll take take any information but it.will be duly weighted. The information that was provided to the Board was also provided to the City. At the City's request, any further infonnation that they wanted to provide -that request was also accepted. Carmissioner Turner stated that the Board was in receipt of the Firefighters Association's recanmendations relating to the election process section of the proposed ordinance changes. * * * * * * * e rkem 7 on the Agenda was unscheduled visitors choice. Richard Edison stated that he was representing Reyn o lds Finch who had filed a grievance over ten days ago but had rece ived no response due to both the Police Chief and Reynolds Finch himse lf being on vacation. Chai:rman Weber stated that the Board would be flex ible on the time schedule for the grievance due to the vacation. * * * * * * * There being no further business before the Board, Chairman Weber adjourned the May 28, 1981 regular Career Service Board rreeting. / Y::&r-c "t~( )/J. lt ) ,L-t"-- Donald M. Weber, Chai:rman 0/. • ~ i (. ft.}t,l- Valerie Christy, FINDINGS AND CONCLUSIONS Findings of the Board of Career Service Commissioners, City of Englewood, Colorado, May 23, 1981 in the matter of the petition for unit clarifica- tion, subnitted by the City of Englewood to the Board of Career Service Commissioners, dated April 28, 1981. Such petition read in part1 "through this letter we are officially requesting that the positions of Captain, Lieutenant and Sergeant in the Englewood Police Department be excluded . from the Englewood Police Benefit Association". The Career Service Commissioners findings on the above named petition are as follows: In the matter of Captains in the Englewood Police Department: Testimony clearly indicates that the duties and authority excercised by the position of Captain are performed with sufficient independence of judgement to classify them as supervisory and,managerial personnel and are thereay excluded from the bargaining unit, the Engl wood Police Benefit Asso.:~iation. In the matter of Lieutenants in the Englewood Police Department1 Te::.timony indicates that the duties and authority excercised by the position of Lieutenant are performed with sufficient independence of judgement t) classify them as supervisory and managerial personnel and are therebr excluded from the bargaining illlit, the Englewood Police Benefit Asso~iation. In the matter of Sergeants in the Englewood Police Department: Testinony does indicate that Sergeants excercise many of the functions that deflne "supervisors" in the city charter. Testimony and exhibits also indicate that in theory and on paper Sergeants do provide some first line super- vision. It is also indicated in testimony and exhibits that the duties and authority excercised by Sergeants in theory and in practice are not necessarily cons1stent. The functions performed by Sergeants on a day to day basis such as scheduling, discipline and evaluations are,'1.n most cases, of a routine and clerical nature and not performed with sufficient independence of judgement to exclude them f'rom the bargining unit as supervisors. Moreover Sergeants share a greater community of interest with the Patrol Officers such as; 1) Responds to major crime scenes and accident scenes. 2) Patrols districts to enforce ordinances, statutes and laws and to deter criminal or illegal activities. J) Drives a marked police car., and are" not an integral part of management. It is recognised that the functions performed by Sergeants are different from those of a Patrol Officer but these differences in functions are insufficient for supervisory status. Sergeants therefore are not excluded as supervisors from the bargining unit, the Englewood Police Benifit Association. Jane Kerz c Commi~~sioner r .. . -·. \' -. I ,,-:.-l l, ,..__· J • ...:.V...-•-.....·'\._ () --' .(-;. < L {7 ~-... ~ 11 ,·. .,_/cf /li...;.1 /._<'l. -· Catherine Pokraka C ommi s::.>i oner