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Home My WebLink About1988-07-21 CSB MINUTES' ~) • • PRESENT: ABSENT: OTHERS: BOARD OF CAREER SERVICE COMMISSIONERS July 21, 1988 REGULAR MEETING Carla Davidson, William Belt, Janet Kerzic, JoEllen Turner, Harry Fleenor, Jr. None Michael Gruninger, President EFFA Chairperson Harry Fleenor opened the meeting. A roll call was taken and a quorum was established. Commissioner Turner moved to approve the minutes of May 19, 1988 with corrections to the last paragraph. Commissioner Belt secon- ded. The motion carried. Commissioner Belt moved to approve the minutes of the Kasson hearing held on May 26, 1988. Commissioner Kerzic seconded. The motion carried. Commissioner Belt moved to approve the minutes of the Molloy hearing held on May 26, 1988. Commissioner Turner seconded. The motion carried • Commissioner Belt moved to approve the minutes of the Molloy hearing held on June 2, 1988. Commissioner Kerzic seconded. The motion carried. Commissioner Kerzic moved to approve the minutes of the Kasson hearing held on June 9, 1988. Commissioner Belt seconded. The motion carried. Commissioner Kerzic moved to approve the minutes of the Molloy hearing held on June 9, 1988. Commissioner Turner seconded. The motion carried. Commissioner Turner moved to approve the minutes of the hearing held on June 30, 1988. Commissioner Kerzic seconded. The motion carried. Next item on the agenda was Association's Choice. Peter Juene- mann, EEA/AFSCME President and Gordon Madonna, President EPBA, were absent. Michael Gruninger, EFFA President, was present and questioned the Board concerning the Career Service Board's role in submitting suggestions to the council for ordinance changes. He was specifi- cally concerned about 3-10-3 and 3-10-5 regarding outside employ- ment and conflict of interest. The Board suggested he return to the Board with suggested changes and they will review them. It • • • was also suggested the process would be much quicker if he went directly to the City Council • The next order of business was City Manager's Choice. No busi- ness was brought before the Board. Under Commissioner's Choice, Old Business, Chairman Fleenor opened the floor for nominations for Vice President. Commis- sioner Turner seconded the motion nominating Commissioner Kerzic. Commissioner Kerzic nominated Commissioner Belt due to the short- ness of her term. There was a nomination for Commissioner Kerzic until March, so Commissioner Kerzic withdrew her nomination for commissioner Belt. The vote for nominating Commissioner Kerzic was as follows: Carla Davidson Janet Kerzic JoEllen Turner William Belt Harry Fleenor The motion carried. Aye Na ye Aye Aye Aye A letter received from EPBA protesting the Motion for recon- sideration filed by the City on June 20, 1988 was read into the record. Under new business, Chairman Fleenor read a letter received from Molloy formally dropping the grievance he filed against the City . The budget for April, May, and June was reviewed. The Board re- quested the Recording Secretary to check on charges under account #32213, tuition refund and #13111, social security. Commissioner Kerzic moved and Commissioner Turner seconded to pay $7,371.43 on the Damas and Smith bill. The vote was unanimous. Chairman Turner moved and Commissioner Belt seconded to pay $1,300.75 on the Caplan and Earnest bill. The vote was unanimous. The Recording Secretary presented a letter from Acting City Man- ager Peter Vargas requesting Board minutes· be submitted to the City Manager's office before approval. Commissioner Belt moved that the Board withhold minutes of all hearings and meetings un- til the Board moves to accept them. Commissioner Kerzic secon- ded. The motion carried. Since there were no unscheduled visitors, the meeting was adjourned. , I I I Jr. • • • BEFORE THE ENGLEWOOD CAREER SERVICE BOARD IN THE MATTER OF THE GRIEVANCE OF RON BECK FINDINGS, DECISION AND ORDER Introduction and Statement of the Case This is a grievance appeal which comes to the Career Service Board under Article 37, Grievance Procedure, of the contract between the City of Englewood and the Englewood Police Benefit Association for the period January 1, 1988 through December 31, 1990. Pursuant to Step 4 of the Article, the Career Service Board is vested with the authority to hear and determine grievances that are unresolved through the prior steps of the grievance procedure. All parties agree that the prior steps of the grievance procedure had been complied with and that it was procedurally appropriate for the matter to be before the Board. This grievance was filed on August 10, 1988. The employees filing the grievance includes Ron Beck, Clay Forington and Steve Cron of the Englewood Police Department. The hearing was held on August 31, 1988. Officer Ron Beck contends under Article 8, Special Assignments, that a firearms instructor is a special assignment and not exclusive of the special assignments listed. Special assignments listed are, Crime Scene Investigation; Motorcycle Officer; Special Weapons and Tactics (SWAT); Detective and Field Training Officer . • • Article 8 of the contract states, "effective January 1, 1988, the Department will establish a written process for selection and service including performance of employees for special assignments as identified below. The Police Chief will consult with the Association regarding any future changes to the selection process". (Then it lists the special assignments as stated prior). The City pointed out under Article 8, that "for special assignments as identified below", firearms instructor is not listed. The City feels the language is unambiguous, points out specifically those special assignments included and the City cannot deviate from this. Officer Beck and others feel the list in Article 8 is not the complete list and should include, PR-24 Instructor; Koga Instructor; Firearms Instructor; Intoxializer Instructor and others. Reason being that special assignments are desirable as Epglewood Police Department has limited assignments. It was determined there was no process for selecting special assignments other than those listed in Article 8 of the contract. The negotiating team for the Englewood Police Benefit Association agreed with the five (5) listed special assignments in Article 8. It is clear law in the State of Colorado that an unambiguous contract is enforced according to its terms without relying on parole evidence about intent. In Re Bar C Cross Farms • & Ranches, Inc., 48 B.R. 976 (D. Colo. 1985); Geralnes B.V. v. City of Greenwood Village, Colorado, 583 F. Supp 830 (D. Colo • 1984); Radiology Professional Corp v. Trinidad Area Health Ass'n., Inc., 577 p. 2d 748 (Colo. S. Ct. 1978); Thompson v. Sweet, 17 P.2d 308 (Colo. S.Ct. 1932); Three G Corp. v. Daddis, 714 P.2d 1333 (Colo. App. 1986); In Re Marriage of Blair, 649 P.2d 344 (Colo. App. 1982). The 1988-90 Agreement is clear that • • only the special assignments identified will be considered by the City. The language of the contract is plain. "Effective January 1, 1988, the Department will establish a written process for selection and service including performance of employees for special assignments as identified below". Had the parties intended something different, they could easily have said so. Thus, it is inappropriate to consider non-written testimony regarding the intent of the agreement. DECISION AND ORDER The Englewood Career Service Board hereby finds that the language of the 1988-90 contract, Article 8 is not ambiguous, that only the special assignments listed under Article 8 will have written process for selection and service. The Englewood Police Benefit Association will need to negotiate with the city of Englewood at the next contract negotiations, if they wish to add any other special assignments to the contract . • THE ENGLEWOOD CAREER SERVICE BOARD SEPTEMBER 15, 1988 William G. Belt ' CQ_,~l ~ Carla Davidson • •