05/12/1975
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Proceedings of Civil Service Board meeting held May 12, 1975.
TIle'Clearwater Civil Service Board met in regular session on Monday evening,
May 1'2, 1975 at 7: 30 P.M. in the Civil Service Office, City Hall Annex.
Members present: Glenn Finkenbinder. Helen Peters, Tom Chenoweth and Carroll Nall
Visitors: Bill Bryant, Gerry Bryant, Bob Jarrell, Virginia Leahy, Myra McCaskill
James Moore, Gardner Smith and Attorney Black
Chairman Finkenbinder called the meeting to order.
Mrs. Peters moved the minutes of April 14, 1915 be approved. Seconded by
Mr. Chenoweth and motion carried.
Director reported on assembled examinations conducted.
Director reported, on Certifications and Appointments.
Director reported on Lay-Offs, Suspensions and Dismi"ssals.
Mr. Chenoweth moved that the resignations of Lyle G. DeTalent, Mechanic I,
Garage Division, Central Services Department, John Campbell, Rodman, Engineering
Division, Public Works Department, Katherine A. Terlaak, Police Officer, Police
Department, 'Ruth L. Sailaity, Switchboard Operator, Police Department,
Ernest E. Bailey, Maintenance Worker I~ Public Service Department, Ephriam J. Hyatt,
Maintenance Worker I, Public ~ervice Department, Mark R. Anderson) Maintenance
Worker I), Water Division, Utilities Department, Sidney B. Webb, Jr., Dist.,
Serviceman I) Water Division, Utilities Department and Francis Johnson,
Serviceman II, Utilities Department. Seconded by Mr. NaIl and motion carried
unanimously.
1. Director discussed with the Board his request for clarification of Civil Service
Rule 9 and Rule 14 as related to an employee's right of appeal of a demotion
during a probationary period following promotion. He also read letter from the
City Attorney giving his opinion as follows..... "It is my opinion that the
subject individual is not entitled to appeal to the Board his demotion from the
position from which he was promoted to.
This opinion is predicated upon the fact that he had not satisfactorily served
the required six months' probationary period in the position to which he was
promoted prior to being demoted from said position by the Appointing Authority."
After listening to the Attorney's opinion, Mr. Chenoweth moved that the Board
take no action with respect to clarification of the'Rule. Seconded by
Mrs. Peters and motion carried unanimously.
2. 'Director read letter from George Stiers requesting a hearing regarding a
demotion notice served to him. Mr. Chenoweth moved that since the City
Attorney's opinion was that he was not entitled to appeal, the Board
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- 2 -
Civil Service Board Meeting
May 12, 1975
take no action and that a letter be sent to Mr. Stiers ~egarding the Attorney's
opinion. Seconded by Mr. Nall and motion carried unanimously.
3.
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Director advised the Board that Mr. Riendeau had been in to see him and he has
determined in his own mind that he will not return to work and is going to
apply for pension. He asked that his request to return from Leave of Absence
be withdrawn from the Agenda and in effect he will remain on Leave of Absence
until accepted by the Pension Board. He is currently receiving a temporary
disability pension and after appropriate action by the Committee and Trustees
this will be converted to a permanent disability pension.
4.
Director passed out copies of the Civil Service Board Annual Report for 1974.
After the Director discussed the report with Board Members, Mrs. Peters moved
the report be accepted and submitted to the City Commission as the report of
the Board as provided by the Act. Seconded by Mr. Chenoweth and motion carried.
5.
Director discussed with the Board his recommendations for Pay Plan revisions
in the police classifications. This is the initial phase of a multi-phase
review currently in progress. Other phases will include analyses of the fire
classification, analyses of the Executive Pay Pian and review of the basic
Pay Plan where surveys indicate the City may be below competitive rates.
Mr. Bryant, President of the I.A.F.F., advised the Board that his group did not
want to take any action to delay the proposed adjustments but desires that the
action of the Board in considering phase 1 (relating to police salaries) not
,necessarily establisb the criteria for phase 2 (relating to fire salaries). It
was also noted that Fire Lieutenants are under Union Contract. Director
ack~owledged that there' could very well be problems because of (1) the premium
pay for special duties in the Fire Department which do not exist in the Police
Department and (2) the Union situation.
With respect to the pay proposals for the Police Department, the Director advised
that the proposal has complete concurrence by the City Manager and the Police
Department (Chief thr~ugh Sergeants).
Mrs~ Peters moved that the recommendations he accepted.
and motion carried unanimously.
Seconded by Mr. Chenoweth
6.
There was a general discussion on the Consultant's (Geo. Cody & Associates)
report on Personnel Department Review Bnd Consolidation. Director informed
Board that he had just received an unsigned letter from the City Employees'
Association Executive Board and stated the letter said essentially that after
reading the Cody Report, the Executive Board felt that if the Personnel Director
.carries out all of the duties as spelled out in the Civil Service Law, he will
have his hands full without taking on any additional duties. Director advised
the Board that copies of the report were 'being sent to Department Directors for
,their comments.
7.
Director stated it was his understanding that the City Manager had submitted.
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- 3 -
Civil Service Board Meeting
May 12, 1975
to the members of the various Boards of the City a memo prepared by the
City Attorney of Hollywood with reference to the Sunshine Law. This item
was listed on the Agenda so that, after reading the memo, the Board
Members could give their comments or any suggested changes in our Agenda,
our Minutes, proper notice of our meetings, how we should conduct the meetings,
etc. No suggested changes were offered at this time.
8. Director informed Board that he had been visited by two representatives from
the Department of Community Affairs in Tallahassee for the purpose of providing
technical assistance on our Affirmative Action Program. Mr. Chenoweth moved
that the Board direct the Director to analyze the reconnnendations of the
Program Specialist, State of Florida Department of Community Affairs and
furnish this Board with his recommendations concerning the report. Seconded
by Mr. Nall and motion carried unanimously.
9. Director reported on Bargaining between the City and Clearwater Employees'
Association. He stated that substantial progress had been made on non-economic
iasues such as recognition, management rights, no strike grievances, association
representation, association rights, etc. A general understanding has been
reached on most of these issues. The next meeting is to be scheduled as soon
as the City is ready to present its economic proposal. Director advised Board
that he had told both parties at the Bargaining Session that he had been directed
to be present at the sessions as a neutral and observer and that he would answer
questions of fact where he could on the Pay Plan and Job ClaSSifications, etc.
as requested by either side. Mr. Chenoweth moved the Board accept the Director1s
report. Seconded by Mrs. Peters and motion carried unanimously.
10. Mrs. Peters moved the Board approve recommendation of Personnel Director, as
approved by the City Manager, to reclassify position of Clerk Typist I in the
Planning Department to Clerk Typist II and abolish the position of Clerk Typist I.
Seconded by Mr. NaIl and motion carried unanimously.
11. Mr. Weimer, Assistant City Manager, said he would like to present a request from
the City Commission, but would firat like to g~ve a background on the matter of
Housing Project Manager and the contract with the Housing Authority. He stated
that in April when the City staff took to the City Commission the amended contract
between Clearwater Housing Authority and the City of Clearwater, the Commission
approved the amendment to the contract "(Project Manager and Assistant Project
Manager positions would be taken out from under the exempt class as stated on
the original Agreement and would then become, according to the employees'
contractst classified employees of the City of Clearwater). When this was
approved by the City CommiSSion, the following motion was made - ttConunissioner
DeBlaker moved to ask the Civil Service Board to reconsider their stand that
these few employees must pass the examination. Commissioner Martin seconded
the motion which carried unanimously.1I Mr. Weimer advised th~ Board that the
Housing Authority also had approved the amendment to the contract and that they
also made a request that the Civil Service Board grandfather-in the Project
Managers.
Gardner Smith, Vice President of the City of Clearwater Employees1 Association
stated he would like to make a comment on Item #11. "It seems like since
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- 4 -
Civil Service Board Mee~ing
May 12, 1975
January we have asked for an. answer from the City Manager and we still have
no'definite answer, so at this,time, I would like to turn it over to our
Attorney."
\,
At this point, Attorney Larry Black~ CEA attorney, requested that the Board
defer action at least until the present litigation is settled to see whether
Civil Service can be ,enforced at all.
Mr. Jarrell and Mrs. Leahy, applicants who passed the examination for Housing
Project Manager, both spoke regarding their eligibility for the position of .
Housing'~roject Manager.
Mr. Chenoweth moved that the Board re-affirm its action and asked the City
Manager ,to'make an appointment from the eligible list as soon as practicable.
Seconded'by Mr. NaIl. Motion carried unanimously.
Mr. :Nall moved the meeting be adjourned. Seconded by Hrs. Peters.
,Ap'proved:
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Director
Glenn ~inkenbinder)Chairma~'
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