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HomeMy WebLinkAbout1986-03-20 CSB PUBLIC HEARING. ' • • • PRESENT: ABSENT: OTHERS: BOARD OF CAREER SERVICE COMMISSIONERS MARCH 20, 1986 PUBLIC HEARING Tom Fitzpatrick, Cathy Pokraka, Janet Kerzic, JoEllen Turner, Don Weber None Peter Juenemann, EEA/AFSCME President Michael Gruninger, EFFA President Darlene Gruninger, Police Department Jim Abshire, Data Processing Chairman Don Weber opened the public hearing set to review the Rules and Regulations. Roll call was taken and a quorum was established. · Chairman Weber read the public notice as published in the Sentinel. The Recording Secretary handed out copies of Rules and Regulations to all interested p arties. The Rules and Regulations were reviewed in the following order: Rule 1. Organization of the Board 1.1 Members of the Board. The Career Service Board shall consist of five members. Two members are appointed by the city Council for terms of four years and two members are elected by the full time permanent classified employees of the City for terms of four years. The fifth member shall be selected by a majority vote of the four members so appointed and elected, and shall serve for a term of four years from the date of selection. With initial selection of the fifth member, the Board shall be duly constituted. Commissioner Weber read the rule and brought up a question regarding unfilled terms causing a lapse problem and asked for comments. Commissioner Pokraka referred to City Charter 138.3 which states a Commissioner should serve for the term of four years. Commissioner Weber suggested the exact wording from Charter be used. After discussion amongst the Board members it was suggested that the last sentence read, ''With initial selection of the fifth member, the Board shall be duly constituted in compliance with City Charter 138.3." Commissioner Weber then asked for comments from the Gallery. Michael Gruninger addressed the Board and questioned why that paragraph was a part of the Rules and Regulations of the Board. Chairman Weber explained that the Charter states the Board should effect their own rules and regulations . - 1 - Gary Kasson address the Board and asked for further clarification to indicate how the fifth person is selected and suggests that a few comments be added on to the paragraph to explain that to the average employee or citizen who reads these. Chairman Weber explained that the fifth member is selected by the four other members of the Board and they attempt to find someone who is interested. Kasson expressed concern about the experience level as well as whether the employee can trust or be guaranteed the person on this Board is capable. Chairman Weber explained that it is a lay Board and has always been intended to be so. Legal advice is given by an Attorney, and the Board as a whole votes on contested issues. Kasson also asked whether the Policy and Procedures Manual of the City was used in formulating these Rules and Regulations. Commissioner Weber explained that the Board is a separate entity and those manuals have nothing to do with the Board. Kasson further explained that it is confusing to employees when they read one thing in one document and something else in rules such as these, and an employee does not know what is correct and what isn't unless it is appealed. He would therefore like to have the Board add a section stating that this document supersedes any other procedures, etc. Commissioner Weber again informed Mr. Kasson that this is a quasi-judicial body who has the authority to make their own rules and the Charter takes precedent over ordinance and ordinance takes precedent over these rules and those are the only three documents you need to be concerned with when it comes to the Career Service system. What the Board has is consistent with the City Charter and Ordinance. Michael Gruninger again addressed the Board and stated that there is an inconsistency. City Ordinance 5.1.4, Paragraph G, states two members shall have three year terms. Commissioner Pokraka pointed out this particular Ordinance is inconsistent with Charter. Pokraka suggested the Board have a meeting with City Council concerning this inconsistency. Darlene Gruninger addressed the Board and had a question · regarding the election of the Chairperson. Is there any background check done on the potential Chairperson? Chairman Weber pointed out that most times it is a person who has not been associated with the City and the members look for someone who is acceptable to the City/employee-elected people and who is known in the City as a fair, impartial person . 1.2 Officers of the Board. Officers of the Board are a Chairperson, Vice Chairperson and Recording Secretary. The fifth member of the Board selected as provided in 1.1 hereof, shall serve as its Chairperson for a term of four years from the date of selection. A Vice Chairperson shall be elected by a majority of the members of the Board and shall serve for a term of four years from the date of election or until expiration of his or her term as a member of the Board. The Recording Secretary shall be designated by the city Manager and shall serve at the pleasure of the City Manager. - 2 - • • • . ' • • • Chairperson Weber asked for discussion from the Board Members. There were none. Weber then asked for comments from the Gallery . Jim Abshire, member of the Employees Association requested clarification on the phrase "serve at the pleasure of the City Manager". Chairman Weber explained that the city Manager simply selects that person and the Board has no control over that. Abshire then asked what the procedure would be if that did not happen -and the services of the Recording Secretary would no longer be available? Weber explained that according to Ordinance he must provide the Board with that service. Abshire further explained that the Association has a concern because the Recording Secretary is a full time staff person of the Employee Relations Department and that Department is involved in negotiations and they wondered whether or not there was a bias. Chairman Weber explained that the Recording Secretary does not need to be unbiased, since she isn't involved in the decision making process. She is not privy to Executive Session, deliberations of the Board: she only hears the same information each of you hear. The other concern the Association has is her responsibility to transfer communication of grievanc es to the Board. Weber stated again that as long as they meet the timeline and have the grievance copy stamped, there should be no problem. Abshire requested a revision of the grievance form have the appropriate number of the copies so that one copy can be date stamped. Chairperson Weber stated that later under Rules and Regulations, that will be dealt with. Donna Wood, Englewood Police Officer addressed the Board. Wood questioned the wording of sentence one "Officers of the Board are a Chairperson, Vice Chairperson and Recording Secretary". That gives six people to the Board. Chairperson Weber informed Wood that the Secretary is not a member of the Board, but an Officer. Under Duties of the Board, Section 1.5 explains it further. Michael Gruninger asked for clarification of the Recording Secretary position. According to Charter, how can you be an Officer and not a member? Commissioner Weber explained that an Officer is an appointed or designated member to receive or transact certain types of business for the Board. 1.3 Vacancies. Whenever a vacancy shall occur in the office of Chairperson, the remaining members of the Board shall select a successor within 60 days. Whenever a vacancy shall occur in the off ice of Vice Chairperson, the remaining members of the Board shall elect successor on or before the next regular meeting of the Board to fill the vacancy for the unexpired term. Whenever a vacancy shall occur in the office of Recording Secretary, the City Manager shall appoint a successor within ten days after the vacancy occurs . - 3 - Chairman Weber read the paragraph and called for a change in the reading of sentence two, "Whenever a vacancy shall occur in the off ice of Vice Chairperson, the remaining members of the Board shall elect a successor on or before the next regular meeting of the Board to fill the vacancy for a term of four years from the date of election or until expiration of his/her term as a member of the Board." Chairman Weber asked for comments from the Gallery. Michael Gruninger addressed the Board and asked who the Vice Chairperson is. Weber explained that the Vice Chairperson is the person selected as an Officer of the Board and selected by the majority of the Board. No where in Charter does it call for a Vice Chairperson, but the Board does have a right to select their own. 1.4 Duties of the Chairperson and Vice Chairperson. The Chairperson of the Board shall preside at all meetings of the Board, and, subject to appeal of the entire Board, shall make all rulings on evidentiary matters at hearings before the Board. He shall sign all official documents issued by the Board when so authorized, except that decisions of the Board shall be signed by all members of the Board authorized to participate in such decisions. In the absence or inability of the Chairperson, the Vice Chairperson shall have and perform all of the powers and duties of the Chairperson. Chairman Weber asked for discussion from the Board members. Commissioner Pokraka questioned grammar of sentence one. After discussion from the Board members, it was suggested the sentence remain as written. Chairman Weber asked for comments from the Gallery. Donna Wood addressed the Board and suggested word "an'' be included before word appeal. It was discussed further and the following change was recommended, "The Chairperson of the Board shall preside at all meetings of the Board, and, subject to appeal to the Board members present, shall make all rulings on evidentiary matters at hearings before the Board." 1.5 Duties of the Recording Secretary. The Recording Secretary shall keep a record of all proceedings of the Boards, issue all notices of meetings or hearings required by the City Charter, city Ordinances or these Rules, and shall keep all official files and correspondence of the Board. Chairman Weber asked for discussion from Board members. There being no recommended changes from Board members or Gallery, Weber moved on. Rule 2. MEETINGS OF THE BOARD 2.1 Regular Meetings. Regular meetings of the Career Service Board shall be held on the third Thursday in each of the months of January, March, May, July, September and November in City Hall or other City facility specified in the notice of the meeting. - 4 - '. • • • .. • • • Chairman Weber asked for discussion from Board members. There being no recommended changes from Board members, Weber asked for comments from the Gallery . Gary Kasson addressed the Board and asked that time be designated. Chairman Weber stated the Board wishes to leave time as a variable to give members flexibility. The time will be stated on the notice. 2.2 Order of Business. The order of business at all regular meetings shall be as follows: Roll Call Approval of Minutes Associations' Choice City Manager's Choice Commissioner's Choice Old Business New Business Scheduled Hearings Unscheduled Visitors Adjournment Chairperson Weber asked for discussion from Board members on whether or not scheduled hearings should be separate and not a part of the regular meeting. It was recommended that the word hearings should be replaced with "visitors". Weber asked for comments from the Gallery . Michael Gruninger asked the Board whether or not they can come to the Board and ask questions if they need answers regarding procedure. 2.3 Special Meetings. Special meetings of the Board may be called by the Chairperson, by a majority of the entire board. At any special meeting, no business other than that stated in the notice of said meeting shall be transacted, unless all members are present and shall consent to consider and transact other business. Chairman Weber asked for discussion from the Board members and suggested that the first sentence read, "Special meetings of the Board may be called by the Chairperson, or by a majority of the board." Chairman Weber asked for comments from Gallery. There being none, he moved on. 2.4 Notice of Meetings and Hearing. The Recording Secretary of the Board shall cause written notice of every meeting, whether special or regular, to be mailed .or delivered to the home address of each member of the Board, to the Offices of the City Manager, the City Attorney, the Employee Relations Department, and to the Presidents of exclusively recognized employee organizations, the appellant and the appellant's attorney, if applicable. Notices of meetings shall be posted in City Hall at least 24 hours prior - 5 - to each meeting. The notice of each special meeting shall state the date, time, place, and purpose of the meeting. If the notice is to be delivered, it shall be delivered no later than 24 hours prior to the hour set for the meetings, and if it is to be mailed, it shall be mailed no later than 72 hours prior to the hour set for the meetings. Any member may waive notice of the time, place, and purpose of a meeting at any time before, during, or after such meetings, and attendance thereat shall be deemed to be a waiver. Commissioner Weber asked the President's of the Associations whether receiving notices is a problem. Michael Gruninger stated he does not receive his notices. Darlene Gruninger suggested the notices be sent in separate envelope and addressed to the individual. Commissioner Weber suggested a meeting be set up with Bev to work out this problem. 2.5 Quorum. A majority of the entire Board shall constitute a quorum for the transaction of business. Co~~issioner Weber called for discussion from Board and Gallery. Hearing none he moved on. 2.6 Voting. All voting at any meetings may be by voice vote except that voting at hearings shall be by roll call vote. No motion or questions shall be decided except upon the vote of the majority of the Board members present. Commissioner Weber called for discussion. Commissioner Pokraka suggested wording be changed to read "All voting at any meeting may be by voice vote except that voting at hearings shall be by roll call vote. No motion or question shall be decided except upon the vote of the majority of the Board members present. Commissioner Weber called for discussion from Gallery. Hearing none he proceeded. Rule 3. FILINGS WITH THE BOARD 3.1 All documents of any kind required or permitted to with the Career Service Board shall only be deemed when properly documented with the Recording Secretary at the of Employee Relations in City Hall. be filed filed and Off ice Commissioner Weber and Pokraka suggested change in reading to "All documents of any kind required or permitted to be filed with the Career Service Board shall only be deemed filed when filed and properly documented with the Recording Secretary of the Board. After discussion from the Commissioners and Gallery it was decided the paragraph read: "All documents of any kind required or permitted to be filed with the Career Service Board shall only be deemed filed when filed and properly documented with the Recording Secretary of the Board. Proper documentation shall consist of date and time of filing and signature of Recording - 6 - • • • • • • Secretary or Designee and shall be prima facie evidence of the date and time of filing." 3.2 The Recording Secretary shall immediately date stamp all filings and such date stamp shall be prima facie evidence of the date of filing. After discussion from the Commissioners and Gallery it was decided this rule could be eliminated since it was incorporated into Rule 3.1. Gary Kasson suggested that a statement should be made that if a grievance is filed all copies should have the date stamp and that the person filing the document receive a copy for their records. It was suggested by Commissioner Fitzpatrick that this kind of detail be listed on the form itself and include the directive in the job description of the Recording Secretary. 3.3 The Recording Secretary is to contact the Chairperson or in the absence of the Chairperson, Board Member immediately upon receipt of any notification to ask whether it is essential to send out immediately. Commissioner Weber called for discussion from the Board of this rule. It was suggested that the Rule be renumbered and read: 3.2 "Immediately upon receipt of any notification, the Recording Secretary is to contact the Chairperson or a Board Member to determine disposition." Rule 4. SETTING HEARINGS 4.1 Special Meetings or Hearings. Whenever it appears that a document filed with the Recording Secretary requires the Board to set a hearing or take any other action prior to the next regular meeting of the Board, a special meeting shall be called by the Chairperson or a majority of the Board. Commissioner Weber asked for discussion from the Board and it was decided the Rule should read as follows: "4.1 Hearings. Hearings shall be called by the Chairperson or a majority of the Board." Chairman Weber called for a five minute recess. When the Board reconvened, roll call was taken and all Board members were present. The next order of business was the grievance form. Commissioner Weber asked for comments regarding the form and why it is not working. The Board will take suggestions at this meeting and draft up a form at future meetings . - 7 - Gary Kasson stated that until this hearing the document was unknown to him. He suggested that any form should have multiple copies. Legal size paper is not handy, letter size is easier to work with and file. suggest that there be a note on top explaining that the form covers more complaints, disciplinary and merit appeals. The form should reflect the process that is to be followed. Suggest that only information needed is employee name and phone numbers unless otherwise needed. Michael Gruninger has a problem with one form since it may not apply to all grievances. Also concerned that there is no specific place to make a note of the meeting that might take place through oral discussions. He would suggest that the Grievance Report-General form be revised and used for both grievance and merit appeals because it has all signatures. Darlene Gruninger requested clarification on what is the initial contact. Commissioner Weber informed her that the first time the issue was discussed is the first initial contact. Commissioner Pokraka pointed out that according to Ordinance, Section 3-lN-9, there is no need for the form to be used for Disciplinary appeals, a letter will be adequate and needs to be filed with the Recording Secretary. After discussion was finished, it was suggested the form be revised as follows: - 8 - • • • GRIEVANCE REPORT -INDIVIDUAL OR GENERAL • Employee Name, Address, Phone, Horne/Work Association Name Date Grievance was Observed Representative (narne,address,phone) Date Grievance was Filed Step l. (For Merit Appeal Only) Narrative Statement of Complaint State Relief sought: If additional space is needed, attach separate sheet. Association Representative's Signature Date~~~~ • City Representatives' Signature Date~~~- Date ~~~~~~~~~~~~ ~~~~ Date ~~~~~~~~~~~~ ~~~~ Career Service Chairman's Signature Date ~~~~~~~~~~ ~~~~ Employee's Signature Date.~~~~ • - 9 - Commissioner Pokraka suggested that the Rules and Regulations • include a paragraph stating the Grievance Procedure to help clarify the process for employees. Searl Brier from Employee Relations Department would like to be involved in designing the form and specifying the process. Chairman Weber asked for the form to be ready for the next regular meeting. Since there was no other issues to be discussed, Chairman Weber moved for motion to adjourn. Commissioner Fitzpatrick so moved. Don Weber, Chairman -10 - • •