HomeMy WebLinkAbout1982-10-21 CSB MINUTESPRESENT:
ABSENT:
OTHERS
PRESENT:
/6
BOARD OF CAREER SERVICE COMMISSIONERS
OCTOBER 21, 1982
MINUTES
Jo Ellen Turner , Catherine Pokraka, Janet Kerzic,
Betty Keena, Donald Weber
None
Benjamin Craig, Career Service Board Attorney
Peter Varg~s, Assistant City Manager
Tom Holland, Assistant City Attorney
Mel BeVirt, Employee Relations Director
John Criswell, E.E.A. Attorney
Randy Pickrel, E.F.F.A. President
Richard Welbourne, E.P.B.A. President
Will Carr, E.E.A. President
* * * * * * * *
Chairman Weber called the meeting to order. Commissioner Turner
moved, seconded by Commissioner Pokraka to approve the September
16, 1982 minutes.
AYES:
NAYS:
ABSTAIN:
Turner, Pokraka, Kerzic , Weber
None
Keena
* * * * * * * *
Item three on the Agenda was the Associations' Choice. Randy Pickrel,
F.F.A. President and Richard Welbourne, E.P.B.A. President had no
business to present to the Board. Will Carr, E.E.A. President,
presented the question of whether or not the contribution to the
pension plan is a subject for manadatory negotiatio~s under the
Charter. He further explained that the contribution level to the
employees pension plan had been reduced by the City and asked if
the Association has the right to negotiate the matter. The Board
opened an informal hearing to receive both the Association's position,
presented by John Criswell, Attorney, and the City~s position,
presented by Mel BeVirt, Employee Relations Director and Tom Holland,
Assistant City Manager. After further discussion of the matter,
Chairman Weber asked both parties to caucus and present the Board
with a written statement of the issue that both could agree upon
f0r the Bo~rd~s clarification. Aiter ·a brief recess, the Board
received both parties ' in t erpretations o f the issue. The Board
then recessed once again t o consider the facts and c ircumstances
presented to determine whether the City's contribution level to
the pension plan is a mandatory subject for bargaining. Upon the
Board's return , Chairman Weber reopened the hearing for discussion
by the Board. Commissioner Keena referred to paragraph 137:5 (a)
Mandatory Subjects of the City Charter and stated that contribution
levels are listed in that paragragh and are therefore are a
mandatory subject for bargaining .
Commissioner Turner moved , seconded by Commissioner Kerzic, that
the contribution level of the employee pension plan is a mandatory
subject for bargaining.
AYES :
NAYS :
Turner, Pokraka, Kerzic, Keena, Weber
None.
Chairman Weber addressed Attorney Criswell and the Employees
Association and stated that the Board has determined that the
City's contribvtion level to the pension plan is a mandatory
subject for bargaining, and asked what further action they
required of the Board. Mr : Criswell asked that the Board determine
if the City has violated that duty in this particular instance.
Chairman Weber stated that the Board would set a hearing date to
determine if it has the power to issue a bargaining order and
that representatives of both parties should present briefs on
the matter to the Board by November 9 , 1982. The Board established
November 18, 1982 at 6:30 p.m. in the Council Chambers as the
hearing date to determine the matter.
* * * * * * *
The Board wished that the minutes of the Special Hearing of
September 16, 1982 regarding the Miles Kubly Appeal be revised
to include the Board's reasoning for its determinat ion. Approval
will be determined at the next regular meeting.
* * * * * * *
The forth item on the Agenda was the City Manager 's Choice .
Peter Vargas, Assistant City Manager offered the services of the
Administration in giving a presentation on the Administrative
Procedures recently prov~ded to the Board. The Board set a
date of November 3, 1982 at 5 :00 p.m. to meet with the City staff.
* * * * * * *
The Career Service Board directed t hat the legal notice of the
Public Hearing on the Administra t ive Procedures be published in
the Englewood Sentinel on October 27 , 1982 . The Board then
established the Public Hearing date for Tuesday, November 16, 1982
at 7:00 p.m. in the Ernie Anderson Room at the Police/Fire Complex
at 3650 So . Elati Street.
The fifth item on the Agenda was the Commissioners 1 Choice.
Commissioner Pokraka requested a clar i fication of the transmittal
letter which accompanied the Administrative Procedures as to
the separability clause which will be added to the document prior
to enactment. Mr. Vargas explained that a separability clause
provides that if any segment of the document is found to be
unconstitutional, it doe~ not rule that the entire document is
unconstitutional. Mr. Vargas further stated that this addition
would be forwarded to the Board prior to the public hearing as
well as page four of Chapter ·23 : which was missing from the Board's
packets.
Commissioner Pokraka stated that upon the completion of both her
and Commissioner Turner's review of the Charter, the only descrepancy
they found of any substance was the "Strike" p~ovision which differs
from the published copy in the Sentinel. Commissioner Pokraka
also mentioned an error in section C-45(b) of the word "falls" whicn
reads "fails". The Board requested that the City attempt to correct
the printed versions of the Home Rule Charter.
Commissioner Turner asked if there were additional copies of the
Administrative Procedures for all interested parties. Mr. BeVirt
explained that there is not an ample supply but the City would
provided copies to the Association Presidents.
* * * * * * * *
There being no unscheduled visitors, Chairman Weber adjourned
the October 21, 1982 regular meeting of the Board of Career
Service Commissioners at 8?45 p.m.
Valerie Christy, Recor ing Secretary