HomeMy WebLinkAbout1986-04-16 CSB SPECIAL HEARING [2]•
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PRESENT:
ABSENT:
OTHERS:
BOARD OF CAREER SERVICE COMMISSIONERS
APRIL 16 & 17, 1986
SPECIAL HEARING
Torn Fitzpatrick, Janet Kerzic, JoEllen Turner,
Cathy Pokraka
Don Weber
Peter Juenemann, EEA/AFSCME President
Michael Gruninger, EFFA President
Jasper Carter
Mel BeVirt, Employee Relations Director
Gary Kasson, EPBA President
Robert Holmes, Chief of Police
Commissioner Pokraka called the meeting to order. Roll call was
taken and a quorum was established.
The purpose of the meeting was to hear the disciplinary appeal of
Jasper Carter.
Commissioner Pokraka asked the record to reflect she did listen
to the tape of the April 7, 1986 meeting with Carter. In
addition, she made note that "in employment situations where
disciplinary action is required under the Career Service System,
the appointing authority is charged with the responsibility of
providing the employee with l)notice of action being taken; 2)
reasons for the action and sufficient detail for understanding;
3) notice of the employees right of appeal and 4) the manner in
which the appeal may be initiated. This is not an option but a
requirement of Ordinance 3-1N-9D. Stipulation by both parties as
to timeliness may be more convenient and possibly is the valid
method of determining timeliness but in cases where there. is a
dispute on the time frames of an appeal, lack of this document
could jeopardize the City's argument since the ordinance further
states 'failure of the appointing authority to give timely notice
shall have the effect of delaying action until proper notice is
given, but shall not invalidate the action•. In the matter of
the disciplinary appeal of Jasper Carter, the letter from Robert
Holmes, Chief of Police, written on March 19, 1986, does not meet
the appeal notification as required by Ordinance 3-1N-9D of the
City of Englewood."
Commissioner Pokraka then asked the Board whether they felt the
timeliness has been met, since she has some concern that it was
not handled correctly. Officer Carter waived his right to proper
notice of appeal and therefore due process was granted.
Commissioner Fitzpatrick moved to continue with the hearing.
Jasper Carter presented his own case. He stated that his
allegation is filed because he was not notified that a police
investigation was taking place. According to Department
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procedure, an allegation form should be given to the employee
before the investigation takes place.
Carter introduced exhibits as well as personal testimony as
evidence of ''assumptions versus fact" in the P.I. He asked the
Board's consideration in the action claiming that it was too
severe for the one incident of sleeping on the job. In cross
examination, Carter admitted that he had fallen asleep.
The City requested a recess and then presented its case. Several
witnesses were called to show that Carter was found asleep, and
on two previous cases fell asleep and one caused a traffic
accident; that he was informed that an investigation was being
conducted. In closing, the City suggested that based on Carter's
admission to the allegation their action be upheld.
The Board then set April 17, 1986 at 6:15 p.m. to render a
decision, waiving the receipt of any written document until a
later date.
Commissioner Fitzpatrick moved to adjourn into Executive session.
The Board reconvened on April 17, 1986 at 6:15 p.m. with all
Members present. The purpose of the meeting was to render a
verbal decision in the Jasper Carter grievance and a written
document at a later date was agreed to by both parties.
Com.missioner Kerzic moved to uphold the disciplinary action taken
by the City. Com.missioner Fitzpatrick seconded. A roll call
vote was taken and it was unanimous.
Com.missioner Kerzic moved to adjourn.
Cathy Pokraka, Vice Chairman
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