02/10/1975
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Proceedings of Civil Service Board meeting held February 10, 1975.
The Clearwater Civil Serv~ce Board met in regular session on Monday evening~
February IO~ 1975 at 7:30 P.M. in the Civil Service Office~ City Hall Annex.
Members present: Glenn Finkenbinder, Helen Peters, Carroll NaIl, Tom Chenoweth
and A. D. "Finch
Visitors: Aida W. Bowen, League of Women Voters, Stanley Szuba, Sr., Joseph Allen
Gerald Weim~r~ Gardner Smith, R. Gene Weiler~ Snowden Baxter,
Herbert McLendon, Anthony Wilhelmi, H. Douglas, Harold Borst, Frazier Floyd,
Nancy Burgarella, John Anthony, Joan Blue~ Paul Kane, Joseph Verdi
Robert Jarrell~ Alice Drain and Sarah Brown
Acting Chairman~ Glenn Finkenbinder called the meeting to order and stated that the
first order of business would be to elect a new chairman.
Mr. Chenoweth moved that Mr. Finkenbinder be given the unanimous vote. Seconded by
Mr. Finch and motion carried unanimously.
Mrs. Peters moved that the minutes of the meeting of January 13, 1975 be approved.
Seconded by Mr. Chenoweth and motion carried.
Director reported on assembled examinations conducted.
Director reported on Certifications and Appointments.
Director reported on Emergency Appointments.
Director reported on Lay-Offs and Dismissals.
Director advised the Board that Virginia Leahy, Secretary I, whose position in the
Housing and Redevelopment Department was to be abolished, had been placed in the
Detective Division of the Police Department as a Secretary I with no loss of payor
benefits.
Mr. Chenoweth moved that the resignations of Virginia C. Blutau, Clerk Typist II,
Bldg. & Maintenance Division~ Centr~l Services Department~ Marilyn Tippett, Maintenance
Worker I, 'Parks & Recreation Department ~ John Lundy ~ Donna J. Airey and Brian Cullen
Maintenance Worker I, Parks & Recreation Department, Carl J. Bloom and Patrick Kavanagh,
Custodial Worker, Parks & Recreation Department, Lawrence E. Hicks, Maintenance Worker I,
Public Service Department and Gloria Chillura~ Customer Service Representative III,
Utilities Department be accepted. Seconded by Mrs. Peters and motion carried
unanimously.
1. ~. Chenoweth moved that the .Board approve City Manager1s request to establish one
~~sition of Clerk Typist I, Range 32 in the Utility Accounts Division, Utilities
Department and to abolish one position of Meter Reader I (after promotional
,examination and appointment of Meter Reader II). Seconded by Mr. NaIl and motion
c;il i:carried.
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- 2 -
Civil Service Board Meeting
February 10, 1975
"
2. Mr. Finch moved that the Board approve City Manager's request to abolish one
position of Secretary I and one position of Clerk Typist I in the 1I0usf.ng and
Redevelopment Department. Seconded by Mr. Chenoweth nnd motion carried
unanimous ly .
J. Mrs. Peters moved that the Board approve request of Mrs. Bonnie Purcell,
Clerk Typist I, Parks & Recreation Department for maternity leave effective
March 17, 1975 and returning September IS, 1975. Seconded by Mr. NaIl and
motion carried unanimously.
4. Mr. Chenoweth moved that the Board approve Director's recommendation that the
economic benefits that were provided in the contract between the City and the
F.O.P. and the City and the I.A.F.F. be granted to Managerial Employees in the
Police and Fire Departments subject ta the City Manager's approval. This should
be included in the Civil Service Rules under Rule 22 which provides special rules
for the Police and Fire Departments. Seconded by Mr. NaIl and motion carried
with Mr. Finch voting llnOn.
5. Director inquired as to the Board's feeling on amending the job classification for
Fire Captain to permit Fire Prevention Inspectors to be eligible to take the
promotional Fire Captain Examination.
Mr. Che.nowe.th moved that the job description not be changed.
offered by Mr. Finch requesting that the Director contact the
the purpose of determining the Fire Chief's~racommendation on
amendment was accepted and the motion seconded by Mrs. Peters
unanimously.
Amendment was
Fire Chief for
this question.
and carried
The
Director passed out newly prepared Pay and Classification Manuals and Civil Service
Rules to the Board Members.
Chairman recognized Miss Drew and asked her to speak. She said she would like for
the Board to clarify the position of the Personnel Director as to what are his.duties
and does he take orders from the Manager's Department~ Miss Drew then read a letter
(copy attached). .
Board members discussed the matter which prompted the letter read by Miss Drew.
.Mr. Finch questianed His6 Drew as to whether anyone had prevented her from doing what
she had a legal right to do. Miss Drew responded affirmatively relating that
. Mr. Laursen had done so on Thursday (February 6, 1975) when a C.E.A. group attempted
to have a meeting. She further related that it was not a negotiating meeting, that
Clt. was a meeting as the C.B.A. has ah~ays had in the past. She concluded that, "We
have received no written statement from the Manager's office saying that we couldn't
meet except from }~. Laursen at the City Hall Annex Auditorium when Mr. Laursen and
Mr. Harper were there telling US we could not meet and that if we did, we would be
docked.\!
The. Director related that he advised this particular group that it was not proper for
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- 3 -
Civil Service Uoard Moeting
February 10, 1975
them to meet on City time and he requested that the employee8 there return to their
jobs -- in effect so they would nat be docked u and that thia information was
transmitted from the Managor's Office after counsel with Mr. Thompson (the City's
Labor Relations Attorney); it was merely a relay of a message. He further stated
that he had advised Miss Drew the day before the meeting (We.dnesday) that it was not
proper to hold this meeting an City time.
Several Board Members questioned whether thin was the proper role for the Personnel
Director.
At the request of the Chairman, Mr. Weimer spoke and related that he did ask the
Director if he would convey the information to the C.E.A. group that it was not
proper for them to meet and noted that if it is the desire of the Board, in the
future, n\~e will convey that information. II He commented that it was his interpreta-
tion that Section 9 of the Agreement between the City and the C.E.A. is very plain
as to what can and can't be done as far as bargaining is concerned and H...contrary
to what may have been said, what they were doing was preparing for negotiations and
that is not included in the Agreement... ~" and that the Agreement limits the number
to ten, not 25 or 26 or 24 but to ten."
Mr. .~Finch questioned IIWhy does Mr. Thompson attack the employe.es of this City by
throwing in the fact that they made 700 copies of the memO addressed to the C.B.A.
run off illegally on a City duplicating machine -- and what business is it of
Mr. Thampson's to try to color the story and attack a group of City employees when
the City gave them permission to do this years ago.1I
Joe Allen was then recognized by the Chairman and related that he wanted to respond to
Mr. Weimer's comments which he stated were in error. He stated that, "We were not
there to negotiate in any form. We were there to discuss the C.E.A. program that we
were going to try to work out. That is the reason we were trying to meet as far as
I am concerned. That'was the information that came to me in my notice from Miss Drew
"and not for negotiating purposes at alL... 11,
Judy ,Adriance then related that the C.E.A. had been through the problem of heresay
and rumor with the City and thought the problem was resolved but apparently this is not
the case. She stated that, 'We have been negotiating with the City, the officers, on
good terms since the 1950's. We have never had this problem before. In the last year)
year and one-half, this has been coming to a head. We did not even want to hire an
attorney but the City told us we must. We must do this formally - we must go to the .
expense, the City must go to the expense, of hiring an attorney. We must do this and
its getting out of proportion... "
At this point, Mr~, Finch &sked why, "'.'..Mr. Thompson wants to jump this group and why
the Director of Civil Service would say you can't lneet on City time and if you do,
you're docked....1t Mr. Weimer replied that, "I think the Agreement spells out very
\. prec:l'sely...." Mr. Finch then Btated, "This spells out one thing Gerald ~ you should
have gone to Mary, the President of the Employees' Association, and in one short
telephone call - any time within a week - and you could have faund out what it was all
about andtnen contacted the; eight or ten attorneys hired by the City to tell you what
to do and then you would've had the facts straight.1I
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M 4 -
Civil Service Bonru Meeting
February 10, 1975
. ,
Mias Drew asked to speak nga.in and related that after the employees met in the parking
lot to disband, Mr. Weimer cnme up to her and stnted that ".....If it in in the
Agreement....that we could go ahead and have our meeting, but I told Mr. Weimer it
was too late and that one of the things we were deeply upset abaut was the fact that
the Personnel Director, who according to the Civil Service policy, takes his order
from the Civil Service Board only nnd not the Manager's staff, barred us from having
al'meeting and that we were upset and we were gaing to clarify the duties of the
Personnel Director...
Chairman recognized Mr. Bob Jarrell of the Planning Department. Mr. Jarrell said
"...1 think tonight rather than continue on with a lot of who did what to who, we ought
to settle down to saying, 'Okay folka, look, we are one big happy family.' I have
heard nothing but good comments from many people who have ~orked for the City for
years in regard to the relationship between employees, The Civil Service Board and
management. I see no reason why this should go down in the dirt due to a misunder-
standing...! think this has been caused all through a misunderstanding, a dirty rap
in the papers towards certain individuals which was uncalled for, etc. etc. I'd
like to see it resolved and as the old saying goes, 'Forgive and forget' and start
fresh. II
Mr. Chenoweth noted that, apparently in the past the City Employees' Association
had been allowed ta meet on City time without management present and this was the
first time that the procedure had been changed. He noted to the C.E.A. "...Now that
you have taken on bargaining status maybe that ought to be changed, but if it ought
to be changed, it ought to be done and you ought to be advised of it ahead of time...
I don't believe that now you're taking on bargaining status that you should have
your 'Union' meetings on City time, on City property. He suggested to the Chairman
that someone should clarify the fact that the three unions now dealing with the City
should have their meetings to which management is excluded on other than City time."
'1
Mr. Finch questioned whether this was the business of the Civil Service Board, i.e.
to clarify the employees' right to meet on City time. He also said that with respect
ta the issue of the meeting, "...It's over with, and what I'm saying is let's don't
" let it happen again. And the Director knows that he takes orders from the Board and
no one else. He didn't have any business there barring the door."
Mr. Chenoweth offered a motion regarding some clarification of the rights of employees
'to lneet but the motion was not completed.
Paul Kane then was recognized to speak. He began, "I'm a City employee also a
Department Head. This thing that has come up here - the City Employees' Association
are doing what Management requested them to da - is to organize to keep the Union out.
Now this is what they were trying to do. The meeting that they called is no different
than hundreds of meetings they have had since 1952. The then Management allowed them
to have their committee meetings and their Director meetings during work hours. Their
, general meeting which would include some seven hundred employees, they do not have on
City time. They take their own time to hold them, but during working hours is the
only time they can get the representatives. Now people who wanted to attend that
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.5-
Civil Service Board Meeting
February 10, 1975
meeting were representatives from different work areas and departments 90 that each
department was represented and what they wanted to do there was to get a bargaining
team so that they could go ahead with the negotiations which Management's office
requosted them to do and all they wanted to do was get the number of people, the
stipulation that Thompson wrote, so that they could meet with him. Now they have
held numerous meetings with management about these things -. they even met at the
Marina several times with both attorneys present. There was nothing wrong with
that meeting and by gosh it was on City time, while all of a Budden they can't have
the meeting on City time. Now I'll admit if they were going to bring 700 members in
to meet on City time they would have been wrong but they were doing the same thing
that back years ago when I was a part of the Officers of the Employees' Association,
we did the same thing that this group tried to do the other day and were stopped from
doing. Nothing from Management to tell them they couldn't meet, not in any written
form. They used the City's printing press, if you want to call it that, and on
Employee stationery. And this is what happened, that somebody got the idea to stop
them from having a meeting because they are now Union, but I say, the Employees'
Association is not Union and if Management wants Union, I would suggest the Employees'
Association disband and let a Union come in and then hell would be the place.
Mr. Weimer asked to respond to Mr. Kane's remarks and said the following:
"I want to correct the records. Mr. Kane stated that the City has been in league
with the employees to keep the Union out. I want it fully understoad that the City
has not, is not, and will not be a party to having a wedding with employees to keep
Unions out of here. Now that is against the Law and we are not going to break the Law
in that respect. I think it is very clear when you read that Agreement under Section 9,
and Mr. Kane apelledit . right out for you, he said exactly what they were doing there.
The Agreement said that they will only meet when they are negotiating and w~en you
are negotiating you are setting across the table negotiating with management people.
So we are in a brand new ball game when this Agreement was drawn up."
After ,some comments by Mr. Gardner Smith as to last minute disruption of the C.E.A.
meeting, Mr. Chenoweth restated the motion he began earlier, as follows: "That this
Board recommend to 'the City Manager that he clarify the conditions under which
,~employee groups or Unions may meet on City time.
Mr. Nall related that this incident should not have happ~ned and that it was unfortunate
and steps should be taken to see that it doesn't happen again. He also asked whether
the Personnel Director is subject to any instruction from the City Manager. The
Director acknowledged that there is no question in his mind that the Boar.d is his
Appointing Authority but noted that his action was not anything more than relaying a
message from the Manager's Office to the Employee group the same as he would do in
relaying information from. the Pension Advisory Committee to an employee.
After continued discussion, Mr. Chenoweth restated his motion as follows:
"That the Board .reconnnend to the City Manager that he clarify the rights of the City
employees to meet on City time. Motion was seconded by Mr. NaIl. Mr. Finch related
that a motion was not necessary and that the only matter that needed clearing up
tonight is. that. fI . . . the Direc tor doesn't get himsel f in the middle anymore. t~e are
looking, through the Director, as protecting every City employee's rights - and
Management's rights - and it's up to Management to set policy and then we as Board
Members feel it arbitrary or unr,easonable then we can speak to Hanagement about that...1l
\i
M 6 _
Civil Service Doard Meeting
February 10. 1975
Chairman called for a vote on the motion which carried with Mr. Finch voting against
the motion.
The matter of appointment of Housing Project Managers was brought before the. Civil
Service Board by President of .the City Employees' Association.
The Personnel Director related that, at the Board's meeting in January. this subject
was discussed and the Board felt that no action was required on its part because it
had already performed those functions required by the Civil Service Act) i.e.
classification) .recruitment, examination and certification; and that selection.was .,
the responsibility of the Appointing Authority.
It was related by the President of the C.E.A. that a contract employee who had not
passed the Civil SerVice examinRtion for Housing Project Manager was still in that
position and appointments have not yet been made from the Civil Service certification.
. After discussion, a motion was made by Mr. Finch that the Director request the City
'HBhager~s Office. to. provide this office with the reasons why the appointments from
t~e Eligible List of two Housing Project Managers as classified and authorized through
. Civil Service' have not been made. Seconded by Mr. Chenoweth and motion carried. .
. Mr. Chenoweth moved the meeting be adjourned.
. Approve~ '; ,
Respectfully ,
d'T!7
H. M. Laursen
Personnel Dir ctor & Secretary
.-I::'
"
..Glenn Finkenbinder, Chairman