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HomeMy WebLinkAbout1986-05-15 CSB MINUTES• • -·· PRESENT: ABSENT: OTHERS: BOARD OF CAREER SERVICE COMMISSIONERS MAY 15, 1986 REGULAR MEETING Tom Fitzpatrick, Cathy Pokraka, Janet Kerzic, JoEllen Turner None Peter Juenemann, EEA/AFSCME President Gary Kasson, EPBA President Chief Bob Holmes, Police Department Chairperson Cathy Pokraka opened the meeting. A roll call was taken and a quorum was established. The first item on the agenda was the approval of the minutes as follows: January 16, 1986: Commissioner Fitzpatrick moved and Commissioner Kerzic seconded that the minutes be approved as written. The vote was unanimous. March 20, 1986: Commissioner Fitzpatrick moved to the following amendments: Page 2, paragraph three, change they to the, whose to is. Page 3, paragraph three, change unbias to unbiased; comma after Session and semi-colon after Board; paragraph four, add "there should be no problem"; paragraph six, drop comma after Section 1. 5. Page 4, paragraph one, add quotation mark at end of sentence; paragraph five, add quotation mark. Page 5, paragraph five, drop the word on. Page 7, paragraph nine, add "When Board reconvened," and drop last sentence in last paragraph. Commissioner Turner seconded. The vote was unanimous. Commissioner Fitzpatrick moved to accept the minutes with the corrections. Commissioner Kerzic seconded. The vote was unanimous. A~ril 7, 1986: Commissioner Fitzpatrick moved to accept the minutes of the Special Hearing to determine the timeliness and validity of the grievance filed by EPBA. Commissioner Turner seconded. The vote was unanimous. - 1 - //D • • • ~ril 7, 1986: Commissioner Kerzic moved to accept the minutes of the Special hearing to determine the timeliness and action in the Carter appeal. Commissioner Fitzpatrick seconded. The vote was unanimous. April 16 & 17, 1986: Commissioner Fitzpatrick moved to accept the following amendments: Page 1, paragraph three, replace if with is, add a comma after appeal. Commissioner Kerzic seconded. The vote was unanimous. Commissioner Kerzic then moved to accept the minutes with the corrections. Commissioner Turner seconded. The vote was unanimous. April 16, 1986: Commissioner Fitzpatrick moved minutes of the Special Hearing to determine the validity in the grievance filed by John Knoth. Kerzic seconded. The vote was unanimous. to accept the timeliness and Commissioner April 16 and May 6, 1986: Commissioner Fitzpatrick moved to accept the following amendments: Page 2, paragraph three, change meet to met. Commissioner Kerzic seconded. The vote was unanimous . Commissioner Fitzpatrick moved to accept the minutes with the amendments. Commissioner Turner seconded. The vote was unanimous. Commissioner Fitzpatrick moved that the decision for the Special Hearing of John Knoth be read at this time. Commissioner Kerzic seconded. Chairperson Pokraka read the findings and decision as so attached. Commissioner Fitzpatrick moved to sign and initial the following corrections: Page 1, paragraph three, drop comma after sentence one. Page 2, paragraph one, change not to no; paragraph three, change chaneled to channeled and ad to and. Commissioner Fitzpatrick moved to accept the minutes with the corrections. Commissioner Turner seconded. The vote was unanimous. May 6, 1986: Commissioner Fitzpatrick moved to accept the following amendments: Paragraph 4, change their to there . -2 - • • • Commissioner Fitzpatrick moved to accept the minutes with the amendments. Commissioner Kerzic seconded. The vote was unanimous . The next order of business was Association's Choice. Let the record reflect that Peter Juenemann, EEA/AFSCME President had nothing for the Board; Gary Kasson, EPBA President had nothing for the Board; and Michael Gruninger, EFFA President was not present. Under City Manager's Choice, no one was present. The first order of business under Commissioner's Choice was Old Business as follows: Grievance Forms: Searl Brier of the Employee Relations Department sent a message to the Board through Bev Bjugan stating he will send the forms to the Career Service Board, after they have been reviewed by the City Administrator's and the Association President's. Gary Kasson, EPBA President, was present to express concern that the Associations receive and have input into the grievance forms before the final copy is made. He wishes the record to reflect that as of the date of this meeting, they have not been included. Commissioner Pokraka assured him that the final decision will remain with the Board and a meeting will be set up to review and discuss the grievance forms. Commissioner Fitzpatrick moved that a copy of the revised grievance form be sent to the Association President's. Commissioner Kerzic seconded. The vote was unanimous. Chief Holmes addressed the Board regarding the grievance forms and requested caution in identifying whether a grievance is in fact a general or individual complaint. The next order of business was new business. Commissioner Fitzpatrick moved to accept the budget as received. Commissioner Kerzic seconded. The vote was unanimous. The Board thanked the Recording Secretary for the detailed expenditure report and asked that it be provided for each meeting. It was also suggested that a copy of the proposed budget for 1986, out of the budget book, be sent to each Board member. Commissioner Turner moved and Commissioner Fitzpatrick seconded to pay the bill for civil litigation presented by Caplan and Ernest in the amount of $1826.22. The vote was unanimous. Commissioner Turner read a letter received from Caplan and Ernest regarding Motion to Dismiss in the Leyden case. Commissioner Fitzpatrick moved to meet in Executive Session after the meeting - 3 - • • • to discuss the issue further. Commissioner Kerzic seconded. The vote was unanimous . Chairperson Pokraka read the letter of response from Ben Craig regarding the explanation of the 1.7 hours that had been previously billed and questioned. Commissioner Turner moved to pay the .8 hours totaling $68.00 for work done on the 20th and exclude from any further payment all charges after the 21st. Commissioner Fitzpatrick seconded and the vote was unanimous. Commissioner Turner addressed a concern expressed in the public hearing, a few months earlier, regarding appointment and terms of Ordinance 3-2-lH. It is inconsistent with the Charter. For the record, the Board did address this to the City Council. The recommendation was that Charter should prevail and that Council amend or repeal the Ordinance to comply with Charter. Commissioner Turner moved to give a "plaque of appreciation" to Don Weber and Betty Keena. Commissioner Fitzpatrick seconded and it was requested Bev check into this. Bev requested a general discussion on the preparation of the minutes. Commissioner Fitzpatrick moved to adjourn into Executive Session . Commissioner Pokraka Acting Chairperson -4 - Beverly R. B Recording Sec • • • BEFORE THE CAREER SERVICE BOARD OF THE CITY OF ENGLEWOOD, COLORADO IN THE MATTER OF THE GRIEVANCE OF JOHN KNOTH ) ) ) FINDINGS AND DECISIONS This is an appeal from a grievance filed for an alleged violation of Article 22, Section A of the contractual agreement between the City of Englewood and the Englewood Police Benefit Association for 1986 and 1987: "upon mutual agreement of the employee and the Chief of Police, a maximum of five (5) holidays may be cashed out for pay in lieu of time off." This appeal was filed by John Knoth, an officer of the Englewood Police Department. A hearing was held before the Career Service Board on April 16, and May 6, 1986. On April 16, the Employee Relations Director, Mel BeVirt, and appellant, John Knoth, stipulated as to the timeliness of the grievance. The Board, by roll call vote, agreed that this was a grievable matter, i.e., that John Knoth did have the right to file a grievance and that the subject matter of the grievance was included in the contract. The hearing of the content of the grievance was held on May 6, 1986. The City appeared by Mel BeVirt, Employee Relations Director and the Appellant appeared in person. On March 10, 1986, a memo from Chief of Police Robert Holmes advised that due to the current budget situation, the department does not have the funds to allow for the holiday buy back. On March 14, 1986, Officer John Knoth brought this matter to Sgt. Mitchell, informally, per Article 25, step one and the matter was not resolved. This grievance is filed to seek compliance with Article 22, Section A, that was negotiated in good faith as a benefit for the Officers of the Englewood Police Department. Appellant John Knoth felt that the contract language was clear and that he was not disputing this point. He did feel that, as the contract language stated, it did require a "mutual agreement"; however, he felt that agreement had been reached. He called a number of officers who testified that prior to ratification of the contract, specifically on July 29, 1985, the Chief of Police attended an Englewood Police Benefit Association meeting to discuss this issue with the membership. Testimony by these same witnesses was that the Chief agreed to allow this buy back of holiday time at the option of the officer involved as a -1 - • • • benefit in exchange for the Association giving up six biddable slots in the shift bidding process . Employee Relations Director Mel BeVirt, stated the City had complied with the contract of 1986-87. The language was not ambiguous and as stated in the contract, "upon mutual agreement of the employee and the Chief of Police", means that both parties must agree. The language is clear and no further search is needed beyond this point. Mel BeVirt referred the Board to the book, "How Arbitration Works" by Elkouri and Elkouri, Chapter 9, Page 303. The City, after making its statement and being cross-examined, left the hearing and, in so doing, did not dispute any of the testimony given by several witnesses of Officer John Knoth. Because the agreement with the Chief on July 29, 1985 was made during the negotiation period as testified by the witnesses, the contract should have been changed to reflect this language and channeled back through the negotiators. Since this d i d not take place and the contract language remained as it had been, the Board finds the language as stated in the contract is clear and not ambiguous. No documents were presented which disputed the wording of the contract and, therefore, the Board denies the grievance appeal of Officer John Knoth . Jod-ien Turner - 2 -