03/10/1975
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TO:
Chairman and Members of the Civil SCrviC~ n~
II. M. Laursen, Personnel Director 'II'/?; ~P>-
Requested Clarification of Role in Collective Dargatning
/
FROH:
SUBJECT:
COPIES: Picot B. Floyd, City Manager and Appointing Authority
Presidents, Employee Organizations (F.O.P. I.A.F.F., C.E.A.)
,/
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DATE:
March 10, 1975
At the Civil Service Board meeting on February 10, considerable discussion was held as
to the duties of the Personnel Director. This discussion was prompted by a request
for clarification of those duties by the President and Executive Board of the City
Employees' Association who objected to the role of the Personnel Director in advi~ing
them that it was not proper for them to hold a meeting on City time on February 6 in
the City Hall Annex. The C.E.A. President and Executive Board related that they felt
this type of information should have come directly from the City ~tanager or his
Assistants rather .than from the Director. There is no doubt that the Board members
agreed on this mad:er as evidenced by the comments of the Board at the meeting.
Subsequent to the Board meeting and because of uncertainty as to the specific role the
,Director should take in the larger issue of collective bargaining which precipitated
the request of the C.E.A., the Director advised the City Manager that he and his
immediate staff would refrain from participating in the collective bargaining/negotiat-
ing process between the City administration and the City employees.
.!
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It is the belief of. the Director, however, that Civil Service should .!!2!:. be excluded
from the collective bargaining process and that inclusion is consistent with the Civil
Service Act. For this reason) specific direction is requested from the Board as to
what role it desires the Director and his staff to have in the bargaining process.
Some background information appears useful in analyzing why the Director feels Civil
Service should have a role in the negotiations currently in process between manage-
ment and employees.
The provision for Civil Service in the City of Clearwater is contained in the
City Charter and was promulgated as a Special Act by the State Legislature
in the early 1940's. Generally throughout the country, and certainly a
motivating influence loca~ly) Civil Service was enacted - both as a concept
and as a system - to (1) eliminate the evils of the "spoils'; system) (2) to
insure equality of opp~rtunity and treatment, (3) to prevent injustice in
government employment, and (4) to promote efficiency and competence in government.
These purposes ~ere, and are, intended to protect both the general public and the
public employee and to assist management ~n personnel administration. Specifically,
the Clearwater Civil Service Act, in Section 4 (Powers of Board) lists as the
first charge of the Board the duty to "Represent the public interest.!n. the
improvement of personnel administration in the City Civil Service, advise the
appointing aUthorit~ and the director on problems concerning personnel ---
administration, foster the interest of institutions E.! learnin~, and Ei civic)
p,rofessional ~ employee organizations in the improvement of personnel standards
in the City Civil Service." In the same section of the Civil Service Act) under
paragraph (b), are designated certain responsibilities of the Director and these
include in sub~paragraph (12) to "Foster and develop, in cooperation with .
appointing authorities and others, programs for the improvement of employee
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TO:
Chairman and Members of the Civil Service Board
Mo rc h 10, 1975
,~
FROM: H. M. Laursen, Personnel Director
effectiveness including training, safety, health, counseling and welfare"
and in sub-paragraph (13 to "Encourage and c:(crcisc leadership .!n the
d~velopment ~ effective personnel administration withi~ the several
departments in the City Civil Service, and to make available the facilities
of the departmen,t of Civil Service to this end.ll
Our Civil Service system in Clearwater has come to encompass a broad program
of personnel mnnagement, extending beyond the provision that our employees
be recruited, selected and advanced under conditions of political neutrality,
equal opportunity and competition on the basis of merit. Our Rules cover
not only position classification, pay, examination, eligible lists and
certification procedure, but seniority, hours of service, leaves, suspensions
and dismissals, holidays, lay offs, training and employee welfare.
.....;"..,.
In 1974 the Florida Legislature granted collective bargaining rights to !l1
public employees. Collective bargaining may be described as a good faith
process wherein employees and employer sitting as equals, negotiate agreements
(contracts) relating to wages, hours, terms and conditions of employment. The
right of an employee' to join a labor organization of his choice and be
represented by that organization is provided in the Constitution of the State
of Florida as is the right to refrain from joining or to be represented by
an organization. The Florida Collective Bargaining Act provides, in part,
in Section 447.021 (Merit or Civil Service system; applicability) that
. the proviSions of the collective ba'tgaining act shall not be II... cons trued
to repeal, amend, or modify the provisions of any law or ordinance establishing
a merit or civil service system for public employees or the rules and
regulations adopted pursuant thereto; or to prohibit or hinder the establishment
of other, such personnel systems unless the provisions of such merit or civil
service system laws, ordinances or rules and regulations adopted pursuant thereto
are in conflict with the provisions of this part, in which event such laws,
ordinances, or rules and regulations shall not apply, except as provided in
Section 447.006 (3).11 (Section 447.006. (3) relates only to grievances.)
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As Collective Bargaining has been adopted by the State of Florida as public policy,
II... relevant question concerns the proper role of the civil service commission
in a bilateral framework. Should it be completely divorced frotn the negotiating
process, acting only in the capacity of advisor to management? Should it take an
active part as a representative of management, alone or along with other executive
officials1 Should the commission only be involved with merit principle functions,
leaving other personnel management functions of the merit system to a personnel
or industrial relations department directly under the control of the executive?
The answers to these questions will eventually be required if the jurisdictional
conflicts between collective bargaining and civil service are to be resolved."
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Your Director sees complete divorcement from the negotiating process as an abdication
of responsibility to encourage and exercise leadership in the development of effective
personnel administration and to foster and develop programs for the improvement of
employee effectiveness, including training, safety, health, counseling and welfare.
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TO:
Chairman and Members of the Civil Service hoard
March 10, 1975
FROM: 11. M. LAursen. Personnel Director
Under the Collective Bargaining Statute, terms and conditions of employment may be
negotiated by the labor organizations and the City without civil service participation
and to the extent that they consummate an agreement (contract) which conflicts with
civil service law or rules, then the agreement prevails. This means that civil
service can. and will, lose some of its functions. This change will occur not
because employees arc unhappy with the civil sCl~icc program. but because they feel
that Unions can obtain more pay) benefits nnd protection for them.
:)
Your Director believes that because of the Collective Bargaining Law. the labor
relations function will take on great importance in municipal government and will
materially affect personnel administration in the City of Clearwater. While not
advocating that the Civil SerVice/Personnel Department should be responsible for labor
relations, I do feel that participation in some form is necessary to effectively meet
the responsibilities of the Board and the Director under the Civil Service Act. The
Board and the Director have a responsibility to speak to the issues which we have
over the years accepted and made part of our Rules. We should not now abandon those
issues. AdditionallYt to a large degree, ~ expe~tise is the City's expertise in
such areas as the Fair Labor Standards Act. the Equal Opportunity Act of 1972 and
othe~ federal legislation affecting personnel. To remove that expertise from the City
could result in bargaining concessions in negotiations that would be unwise and not
in the public interest.
'"
While participating in the collective bargaining process recently conducted between
the City and the Fraternal Order of Police and between the City and the International
Association of Firefighters, the Director and his Assistant felt that we made
significant contributions to the negotiating process and. in a number of specific
instances, were able to relate specific personnel policies and rules currently
existing that were unclear to one or both parties in the proceedings. enabling a
better and more wor.kable agreement to be achieved. We did not feel that we were
in an anti-employee position and we were not there for that reason. Our purpose was
,only to promote, in the process, effective personnel administration.
We recommend that the Board consider affirmatively the vital role that can be played
.. by this office in the collective bargaining process towards the retention and
improvement of , a quality system of personnel administration, a system that ~e have
been involved in for a number of years and of which we are proud.
Certainly, the. Director and his staff will proceed in any manner "desired and directed
by the Board on this issue but specific direction is hereby requested.
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Proceedings of Civil Service Doard meeting held March 10, 1975.
The Clearwater Civil Service Board met in regular session on Monday evening,
March 10, 1975 at 7:30 P.M. in the Civil Service Office, City Hall Annex.
Members present: Glenn Finkenbinder, Helen Peters, Tom Chenoweth and A. D. Finch
Visitors: Aida Bowen, League of Women Voters, W. F. Bryant, I.A.F.F., Gardner Smith,
Rita Chernick, Mary Drew, Myra McCaskill and Dora Brown
Chairman Glenn Finkenbinder called the meeting to order.
Mrs. Peters moved that the minutes be approved with correction - Page 6,
Paragraph 3, last line to read, "And that selection and/or appointment~,was\ the
responsibility of the Appointing Authority." 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.
Mr. Finch moved that the Board approve the three day suspension of William Mayberry,
Maintenance Worker I, Parks & Recreation Department. Seconded by Mrs. Peters and
motion carried.
Mr. Chenoweth moved that the resignations of Sigurd F. Olsen, Building Inspector,
Building Department, Michael J. Paroby, Central Services Director, Central Services
Department, Doneto C. Riello, Custodial Worker, Central Services Department,
David C. Reese, Recreation Specialist, Parks & Recreation Department, Jill Richardson,
Communications Clerk, Police Department, Ralph J. Vitale,and John Kovaleski,
Sanitation Driver I, Sanitation Division, Utilities Department be accepted. Seconded
by Mr. Finch and motion carried unanimously.
"
1. Mr. ~henoweth moved the Board ratify the Director's action in approving the
establishment of the following positions:
Ran~e Bi-Weekly
1 Community Center Supervisor 43 $276.00 Parks & Recreation
1 AccountantrI 52 342.70 Finance
2 License Inspector 46 296.70 Building
I Clerk Typist II 36 233.45 Building
. Motion seconded by Mr. Finch and carried unanimously.
2. Mr. Finch moved that the Board ratify the Director's action in approving the
abolition of the following positions:
I Clerk Typist II
2 License Inspector
Range
36
46
Bi-Weekly
$233.45
2% .70
Finance
Finance
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- 2 -
Civil Service Board Meeting
March 10) 1975
3. After discussion, Mr. Chenoweth moved that the Board approve recomnlendation by
Director to reclassify the position of Account Clerk'!!, Range 42, Marine
Department to Marine Clerk, Range 47. Seconded by Mrs. Peters. Motion carried
with three votes, Mr. ,Finch abstaining.
4. Mr. Chenoweth moved that the Civil Service Rule, regarding certification from
the Eligible List where numerous applicants have identical grades) should not
be changed. The rule reads, liThe names of two or more eligibles having the
same final grade shall be placed on the list by arranging the names in
alphabetical order in case of a list for original appointment, or by arranging
the names in order of seniority in the case of a list for promotion.u Seconded
by Mr. Finch and motion carried unanimously.
5. There was a general discussion regarding the role of the Civil Service Board
and the Personnel Director in the collective bargaining process. Director
submitted letter to the Board (copy attached) outlining his views on this
subject.
Miss Drew asked that this matter be held in obeyance until she has had a chance
to 'discuss this with her executive Board~ Also, that there be a full Board
present before a vote is taken.
}~. Chenoweth moved that this matter be held over until the April meeting.
Seconded by Mr. Finch and motion carried~
Director's Reports:
1. Director reported on inquiry to City Manager regarding reasons for not making au
appointment from the Eligible List for Housing Project Manager.
Mr. Finch moved that the Director be instructed to route another request to the
City Manager and give him one week to make the appointment or show cause why it
has not been made. Seconded by Mrs. Peters. Motion died with a two to two
vote.
2. Director reported on request to City Manager for clarification of rights of City
employees to meet on City time. He read a letter from the City Manager's
office addressed to Miss Drew, C.E.A. President which stated, "Our Attorney,
Mr. Harrison Thompson has been in touch with Mr. Black (Attorney for,C.E.A.)
and it has been agreed that henceforth correspondence and communications
concerning bargaining between the City and the Clearwater Employees' Association
including the issue of meeting on City time, will be translnitted and handled
through our respective attorneys or during scheduled negotiation meetings
,'between the City and ~he Clearwater Employees' Association. Mr. Chenoweth moved
that'this letter be accepted.'~ Seconded by Mr. Finch. Motion carried unanimously.
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- 3 -
Civil Service'BoardMeeting
March 10, 1975
Miss drew brought up two administrative matters, one of which Telated to denial
of merit increase' and one of which related to overtime payment to an employee.
. The Board took no action.
, . ~
Mr.. Chenoweth moved' the meeting be adJourned.
Approved:
\';c:
Secretary
:.~lenn,Fi~ken~inde~, Chairman
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