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HomeMy WebLinkAbout1982-12-16 CSB MINUTESPRESENT: ABSENT: OTHERS PRESENT: // 6 BOARD OF CAREER SERVICE COMM I SSIONERS DECEMBER 16, 1982 MINUTES SF Jo Ellen Turner, Catherine Pokraka, Janet Kerzic, Betty Keena, Donald Weber None Benjamin Craig, Career Service Boa r d Attorney P eter Vargas. Assistant City Manager Will Carr , E.E.A. President Rick Welbourne, E.P.B.A. President Randy Pickrel, E.F.F.A. President Michael Grunninger, Firefighter Chairman Weber c a lled the meeting to order . CoIIUllissioner Kerzic to approve the November word November on page 3 to correctly read Conunissioner Keena moved, seconded by 18, 1982 minutes with the correction of the December as requested by Counnissioner Pokraka. AYE S : Turner, Pokraka, Kerzic, Keena, Weber NAYS: None Item three on the agenda was the Association's Choice. Will Carr, E.E.A. President and Rick Welbourne, E.P.B.A. President had nothing to present. Randy Pickrel, E.F.F.A. President requested a copy of the Board's packet of Administrative Procedures recounnen- dations which had been forwarded to Council. Item four on the agenda was the City Manager's Choice. Peter Vargas. Assistant City Manager stated that City Council may wish to schedule a joint meeting with the Board to discuss the Administrative Procedures; and asked if the Conunissioners would be interested in such a meeting. Chairman Weber stated that the Board members would be interested and advised Mr. Vargas that the Board would be available at any time. Additionally, Mr. Vargas stated that the Council is in receipt of letters from both the Police and Fire Associations indicating that the Council had not received the Board's reconnnendations on the Ad~inistrative Procedures until after the 10th of December. Mr. Vargas stated that for clarification, the Council did receive the Board's packet on December 2nd. Will Carr, E.E.A. President asked if it would be appropriate for association representa-· tives to attend the joint meeting between the C.S.Board and Council and if it would be permissable to give input regarding their recommendations. Mr. Vargas stated that he would transmit the request to Council and inform the associations of their respon,se. Item five on the agenda was the Conunissioners' Choice. Chairman Weber apologized to those in attendance last Thursday night for the meeting which was not held. Chairman Weber stated that the Board was in receipt of a letter on Decemb er 7, 198'.: from the E. E .A.; the subject being the Career Service Board hearing scheduled for : >ecember 9. Chairman Weber read the letter requesting withdrawal of the Association's petition to determine whether or not the Board has the authority to issue bargaining orders and asking the Board to drop the case. Chairman Weber stated that the Board acknowledged receipt of the letter and granted the withdrawal. Chairman Weber stated that future study sessions held by the Board will be posted to inform all interested parties who wish to attend and that everyone is welcome. There was a brief discussion of the loc?tions for posting such notices. Commissioner Keena opened a discussion regarding the content of the Board's Agenda. Commissioner Keena stated that the Board's agenda has not reflected matters of discussion which were known about prior to the preparation of the Agenda. Commissioner Keena explained that matters for the Board's consideration should be listed on the Agenda so that all interested parties may attend and proper preparation may be made. All agenda items should be submitted to the Recording Secretary by the second Friday of each month(one prior to the meeting). Further, emergency items which arise after that time may still be brought before the Board the night of the regularly scheduled meeting. Commissioner Pokraka moved that the Board should acknowledge the receipt of the letter from City Council in response to the articles in the Englewood Sentinel that was addressed to Randy Pickrel, E.F.F.A. fresident and Rick Welbourne, E.P.B.A. President and that the letter be made a part of the minutes. Chairman Weber seconded the motion. AYES: Turner, Pokraka, Kerzic, Keena, Weber NAYS: ~one. Chairman Weber asked that the City Council's letter to the Career Service Board concerning the setting of a hearing to determine if the Board has the power to issue bargaining orders, be included as part of the Npvember 18, 1982 minutes. This was so moved and seconded and all Commissioners were in the affirmative. Commissioner Weber also stated that the Board was in receipt of letters from Randy Pickrel and Rick Welbourne in response to the City Council's letter and felt these should be made part of the minutes as well. After discussion of why letters should be made part of the minutes, the Board members directed that the letters be included. Commissioner Turner asked that the packet of the Career Service Board's recommendations on the Administrative Procedures that is to be given to Randy Pickrel also have their cover letter and the associations' recommendations. Commissioner Pokraka asked Mr. Vargas to formally notify the Board when the Administrative Procedures go to Council for first reading. ** ** ** ** ** There being no further business before the Board, Chairman Weber adjourned the meeting at 8:45 p.m. <j)--~ JJr_(JJ- Donald M. Weber, Chairman Valerie Christy, tary December 10, 1982 Mr. Randy Pi~krel, President Englewood Firefighters Association and Mr. Richard Welbourne, President Englewood Police Benefit Association This letter is in response to an ad placed by your associations in the December 8 issue of the Englewood Sentinel concerning the proposed administrative procedures as submitted by the staff in accordance with the City Charter. This City Council wants both of you and the members of your respective associations to know that, to a person, we are highly outraged and insulted by this action. We feel that the placing of such an ad with its highly inflammatory language is very unethical on your part. Further, it causes us to sincerely question your· t·nw motives in this matter. This Council has always been very supportive of the Police and Fire Departments of this City. We have tried, within th~ limitations of our city budget, to provide you with the proper manpower and equipment to perform your duties. Your salaries and fringe benefit levels have been kept at a rate commensurate with other departments in the metropolitan area. In addition we have always tried to conduct ourselves in an honorable fashion with you, allowing you the opportunity to be heard on issues that affect you. Apparently that feeling of respect is not mutual on your part as you seem to be stating rather plainly that you have no intention of working witl1 staff and Council on this matter but rather will revert to political pressure. In closing, we want you to know that the sentiments expressed in this lcttcc arc ouL·s and were not prompted by staff. In fact, some of us wanted tc respond in a much more vehement or direct fashion than this and were persuaded not to do so. Please be perfectly clear, however, that continued actions of this n,.ture on your part will lead to actions on our part that will not be as favorable to you and your membership as in the past. We would strongly suggest to you that if you want to be treated with dignity and respect, that you treat others in the same way. Sinc~rely, . . . ~pc'c<' lf l£,ud_ EUGtNE L. OTIS M~2i -~ / /, ·%0111tt4 x -:_Jd /2?-i-/c-1~ THOMAS R.FITZPATRICK i ~em1P,;f-·;~ -;· ? -~--r P _t10/( T B. ST Council Member ~"'&~~- BEVERLY J. BRADSHAW or Pro Tem .· f D ---Y ai2_ ( 'f( !) . /lf? JOHN D. NEAL Council Member cc: Andy Mccown, City Manager James Broman, Fire Chief Robert Holmes, Police Chief v"'Board of Career Service Commissioners Will Carr, President, Englewood Employees Association f.. ") ,) /? -/ ,. -0',..,.~ "' ~-c~"' ~ JOSEPH V. BILO, JR. ;z:,~~: Z'J~ 1Q JAMES L. H?:n1'':'1f-:/' Council Member Englewood Firefighters Association LOCAL 1736 · A.F.L. -C.1.0. Englewood, Colorado 80110 President Randall G. Pickrel Secretary Reynolds P. Finch Address 555 West Jefferson Avenue Address same City Englewood, Colorado 80110 Mayor Eugene Otis & The Englewood City Council c/o Mayor Eugen• Otis 4493 South Cherokee Street Englewood, Colorado 80110 Mayor Otis and City Council Members, City We appreciate your prompt response to the editorial ad of 12/8/82 in the Sentinel. We regret however, not to have received a response/ reply to our cover letter attached to the suggested revisions we submitted to you through the Career Service Board on 12/2/82. These revisions reflect in print what you Mayor Otis, and Councilman Fitzpatrick heard on 11/16/82 at the public hearing before the Career Service Board. We regret also that the Council was insulted by our advertisement. Our intent was not to insult, but rather to inform both the public and the Council of our intense interest in the proposed procedures. Be assured we are cognizant of your cooperative efforts to maintain both the Police and Fire Departments and at the same time manage a budget. Our concern at this time is not directed at saleries or benefits, but the fair and equitable treatment of city emplyees. As touching our desire to cooperate with the staff and Council, I believe our motives were displayed when the origional City Charter change went through in March of 1981. After the valuable, cooper- ative, and combined efforts of the Board, Staff, and Employee associations; and upon appeal from the Board for what they felt to be a much needed change, the Assoc~ations agreed to assume a neutral posture throughout the election. Councilman Bilo acknowledged at a .Car~er Service Board meeting that our neutral ~osition played a key part in the passage of the Charter changes. \.Jt• dc11y l(W llC.t'USllllon Of turning thl8 lnlo II 11 pollllc11l l:1:•11t•," 111 11s 111uch Ml ordln11nc.e 8 and laws nre involved, the V(~ry 1111l11n• ol Lite lssuc ltself is politlcul, and therefore can and :d1n11ld h1• 11ddrc~wl'd Lhroug,h the political process. Be assured, w<• :111· q11lt1 • O(H'n lo lrnving 11 study session with the CouncU Lo lurlh<'r l'Xpl11l11 our poidllon und 11nswcr any queslion1:1 that you 11111y h11v1•. I.<' t 1111• :my l h111 we n re somcwha t supritied n t your will i11g1wss lo p11l l11to prl11l wl111t we perceive to be threats to nw selectively, 1111.J lo our /\ssocl11LJ011 collt•cllvcly. We hope our perceptions 1tr<-' wrn11~~. /\t lhl' tl111e or th.Ls wrillng, it hos come lo ouT attention that .•.;i•v1·r11l fllclors 11wy huve contributed to the response on your p111·t lo our nd. First, we undenitood the Career Service Board w11s Lo sub111l l lts recommend1ttions (including ours) to Council by 12/2/H2. We understund you did not receive them until 12/10/82? /\l:w w1• Wl'ro 11ot nwarc t.hnt the First and Second Readings would 11111st llkl•ly llt' In .lnnuary when our nd went to print. Thirdly, 01 1r 11m11lng of Cou11c1 I wns due strictly to your sole authority to adopt, reject, or revise the proposed ordinunces. lt was not our intent to 11111 l i ~11 you 11or nny member of the City Counci 1. Mnyor Olis, we consider these proposed procedures to be cx- Ln'111ely important and will be very glad to work with the City Council or do whatever is necessary to revise them. cc: Andy McGown, City Mgr. James Broman, Fire Chief Robert llolmes, Police Chief ,S~c~/el,y' 7 1 ~,/' . -/;/: ~ ~v _I ) ·r:i.Yt/#kj Randall G. Pickrel President Englewood FirefightFrs AssoG. Board of Career Service Commissioners Will Carr, President, Englewood Employees Assoc. 'fO: ENGLEWOOD CI'!'Y COUNCIL DATE: DECEMBER,13,1982 SUBJF.C.:' ! LETTER DATED DECEMBER 10, 1982 This letter is in response to your letter dated December 10,1982, regarding the ad placed in the December 8,1982 issue of the Englewood Sentinel by both the Englewood Police Benefit Association and the Englewood Firefighters Association, concerning the proposed administrative procedures. To begin with, I certainly questio~ your knowledge of the meaning of ethical conduct .. May I ask, what is unethical about a person or a group of persons voicing their opinions publicly about issues which directly affect their future employment and rights as employees of the City of Englewood? The Freedom of Speech is the fitst basic right of every citizen of the United St•tes .. How ethical i~ it then, for the entire City Council of the City of Englewood, to threaten an employee, employee association, or anyone · for that matter, "with further action on our part.,", should we continue to exercioise this basic right? I interpret the City Manager's response to the ad as, that at first he wanted to terminate the employment of those responsible for the ad. I wonder if this was your intent in your statement,"In fact, some of us wanted to respond in a much more vehement or direct fashion than this and were persuaded not to do so.11 • I must assure each and every one of you that I am in no way intimidated by your letter. I am however, very disappointed in what I consider great overreaction from both the City Council and the City Manager. I cannot argue with your statement that our salaries and fringe benefits are now commensurate with other departments of the metropolitan area, however, this has not always been the case, and is the result of long and tedious collective bargaining agreements, negotiated for by the Associations. We are well aware and very appreciative of Councils efforts to maintain both the Police and Fire Departments and at the same time manage a budget. Our ad did not concern salaries and benefits, but voiced our concerns with fair and equitable treatment for city employees under the proposed administrative procedure,. All Associations have worked with City Council and City Staff, both on the Charter Ammendment and on th~ proposed administrative procedures. In regards to the administrative procedures, we have been given answers of maybe, could be, and possibly , by Staff representatives, in response to many of our questions and concerns. We have also been told that City Council will consider our recomnendations, .. but does not n~cessarily have to make any changes in themo We realize that this is a City ·Council 6ecision 0 Our ad was not intended to insult City Council, but only to inform the citizens of Englewood of our grave concern and interest in these proposed procedureso The reason City Council was even mentioned was that it is Councils' sole responsibility to arrmend or enact proposed ordinances. It was our understanding that Council was to have received our reconmendations on December 2 ,1982. I now understand that you did not receive them until December 10,l982. It has been suggested to me by many members of my association, that perhaps the reason City Council has reacted the way it has to our ad, is that, Council does not wish the citizens of Englewood to know our side and concerns about the proposed procedurese We all sincerely hope that this is not the true reason. In closing,! would extend our wish to work with Council, Staff, and all factions :t.n the City, on this matter and any other which may affect us. When feelings are hurt and emotions run high, clear thinking is difficult and little can be accomplished. cc: Andy McCow:ii ,City Manager Board of Carrer Service Commissioners R.· Holmes, Pol Ice Chief James Broman, Fire Chief Sincerely, /w~u:l1dMt~tJi,{_ Richard Wo Welbourne President EoP~B.A. Randy Pickrel, President, Englewood Firfightcrs Association Wi I I Carr, President, Englewood Employees Association !l , - "" . I L J ' ~ ~ ., 1·k -;J -!d m .:o IS d, a a of ~d 1g et d. .0 ·d i a l IC ~ M ...._ .... j . [ .n 1·- 0 l. ....... iO - -<:-:· td ;o I'- l l :\ '' !•t199i!i;i(iJ .. !lft··- . ,'.'' ·; '.:;i;· n ::)- ;I ·c n .n 1C p '[ . c IC r- g 'o ....................... j i i I I if> ;i,:~t '; :;;j;;;.:D( •n ·c ·r /- 0 . ;::;.' ,. -::~:·:[ .:·~; IO e, ~s II is Jf ~e IO IC i.....-----ad •d 9, 1e OTICE: ENGLEWOOD CITIZENS This December, the Englewood City Council will attempt to diminish the authority of the Englewood Career Service Board. · The Career Service Board consists of five (5) members, all city residents who possess the in tegrity and impartiality to protect the public interest as well as the interest of the city and its full-time permanent employees. Last year the Care~r Service Board initiated the original charter change to better effectuate their function. City management, however has taken this opportunity to diminish the boards jurisdiction and authority. The Englewood Emi;irgency and Non-Emergency Associations are opposed to these changes and feel the citizens of Englewood need to be aware of these changes that will effect the quality of the services that they pay for and expect. #1 Qrd. 5-26-3 Outside Employment: This change attempts to d ictate to employees, the right to off-time activities, by allowing the city manager to arbitrprily restrict or prohibit part-time employment. This is not in keeping with dignified treatment of ·~mployees and could be'used as selectiye discipline, #2 Ord. 5-15-31 Eligibility Lists: This would permit promptional selection other than by highest score .. This does not provide the city with the best candidate, and opens the way for selective, subjective and prejudicial promotion . The City's desire to change this ordinance is not consistent with its rlecruitment Ordinance #5-14-1, hiring applicants with highest score to nnsure the highest quality of service to the public . tl3 Ord. 5-25-8 Complaint Procedures: These _are an added and cumbersome set of steps, intended to complicate and circumvent the current merit appeal procedure. This complaint proci:edure should only apply to area's not related to contractual i ems with non-bargaining unit employees. f4 Ord. 5-20-1 Research and Experiment Clause: Allow:; city to set up employment programs that do not have to conform to city ordinance. The programs may conflict with provisions of the careE;)r service system administration procedure and may operate in lieu of those provisions during the trial period . The purpose of ordinances and the Career Service Board is to protect the public interest. This clause is a deliberate attempt to undermine the Career Service Board by allowing the city to hire personnel that could conflict with positions within the career service system . #5 Ord. 5-24 Corrective Action: It is the intent of the city council to put into ordinance, administration of oral and written reprimands, not considered disciplinary action, that would become a permanent p~rt of an employees record, that the employee would not be able to appeaJ. This to, could subjectively be used against an employee during promotions . .' The Englewood Emergency and Non-Emergency Asso~iations feel that the people of Englewood deserve the quality of serviGe that they have enjoyed in the past and are paying f@r to insure their future. These ordinance changes proposed by the city council and the council's determina~ion to diminish the usefulness of the Career Service Soard are inconsistent with the previous standards for services in Englewood . The citizens of Englewood are encouraged to write th eir city coun- cilman and voice their opinion on these and other issues that will effect the quality of living in Englewood . YOU STILL HAVE A VOICE IN · YOUR COMMUNITY!! Paid for by The Englewood Firefighters Assn. The Englewood Police Benefit Assn . For further information contact ~-~-ndy ~kerel -~inger 781 .. 7218 973-1516 '. t · .,..,...,,..,.,.,-...,.'f., .......... ,,.. ... :-·:- 1::;:~1;im~:~;:::: ;~~ _1·¥r~~T;f \~.-t~~l.~t ~~+·\~~t~ . dti•\tt!~~~~~ i jl --"·-~-··...__ .. ~17'.':.,_, 'i j:::. '. l!'.'1 !·· h:j~! ''.i I ~'.~! '.'.' '