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Proceedings of Civil Service Board meeting held June 14, 1976.
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The Clearwater Civil Service Board met in regular session on Monday cvening~/
June 14, 1976 at 7:30 P.M. in the Civil Service Office, City Hall Annex.
Members present:
Joseph P. Verdi, Tom Chenoweth, A. D. Finch, Paul Hatchett
and Robert F. Krause
Visitors:
(As Signed in)
Paul Kane, Mary Drew Kane, Ed Sulek, Jack F. White, Jr.,
Stanley Szuba, Jr., Bill Bryant, Gardner Smith, Fay Beachler,
Richard Olsen, Nathaniel Golden, John C. Pitts, Orrin Beadle,
Anthony Wilhelmi, Ellwood E. White, Peter Kanaris, Angela
Kanaris, George Kanaris, Rousso P. Kanaris and Mr. and Mrs.
Larkins
1. Mr. Hatchett moved the Minutes 'of the meeting of May 10, 1976 be approved.
Seconded by Mr. Krause and motion carried. Mr. Finch abstained from voting
as he did not attend the meeting.
2. Mr. Chenoweth moved that the resignations of Barbara Wilson, Clerk Typist I,
Data Processing Division, Central Services Department, Grace Smith, Keypunch
Verifier/Operator, Data Processing Division, Central Services Department,
Claudia T. Condon, Secretary I, Community Relations Division, City Manager
Department, Donna R. McGlamery, Field Representative 1, Community Relations
Division, City Manager Department, Joan Simpson, Clerk Typist I, Housing &
Redevelopment Department, Bonnie-Jean King, Library,eAssistant 1, Libraries
Department, Elliott Hardaway, Library Director, Libraries Department, Joyce E.
Kuykendall, Secretary II, Libraries Department, Joseph H. Thibadeau, }mrine
Attend~nt I, Marine Deparbnent, John F. Dunmead, Marine Attendant III, Marine
Department, Alma Kattine, Recreation Assistant, Parks & Recreation Department,
Constance L. Coade, Secretary II, Parks & Recreation Department, Charles W.
Wisman, Custodial Worker, Parks & Recreation Department, Jacques W. Rutler,
. Police Communications Operator, Police Department, Bruce A. Taylor, Police
Communications Operator, Police Department, Paul A. Remmie, Police Officer,
Police Depar~ent, Vilma V. Pomeroy, Clerk Typist I, Police Department,
Terry J. Harvey, Clerk Typist I, Traffic Engineering Department, Jeffrey
'Guillemette, Night Watchman, Gas Division, Utilities Department, Terry Cherry,
Distribution Serviceman I, Gas Division, Utilities Department and Nelson
Caswell, W.P.C. Attendant, W.P.C. Division, Utilities Department, be approved.
Seconded by Mr. Hatchett and motion carried.
3. 'The request of Board Member Robert Krause regarding a proposed change in
Rule 14, Section 1 (i) was presented. Discussion was held on the proposal
as submitted, the response of the City Manager, a request from the Board to
the City Attorney for assistance in proper wording in line with the Board's
intent relative to the proposed change, and an.alternative proposal offered
by the Director.
Mr. Krause moved that the Board table the proposal until a response from the
City Attorney is received. Seconded by Mr. Chenoweth and motion carried
unanimously.
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1\
Civil Service Board Meeting
June 14. 1976
Mr. Finch moved that the
the problem on or before
not receive the opinion,
change. Seconded by Mr.
City Attorney be requested to render an opinion on
the next meeting and. in the event the Board does
that the Board make the decision on the proposed
Krause and motion carried unanimously.
4. The request of Chief Assistant City Attorney Frank Kowalski regarding Findings
of Fact by the Board in the case of Michael Gillespie vs. the City of Clear-
water was presented.
Mr. Chenoweth moved that the request of the Chief Assistant City Attorney be
accepted. Motion was seconded by Mr. Krause for purposes of discussion.
Following discussion by the Members. the motion and second were withdrawn.
Mr. Finch expressed the belief that while the Board had not made detailed
findings of fact such as suggested by Mr. Kowalski. that the findings it had
made were sufficient in law and that if the Court deemed them not to be
sufficient it would remand the issue back to them.
Mr. Krause moved that the Board deny the request of the Chief Assistant City
Attorney and let the actual record stand as the Board's finding of fact.
Seconded by Mr. Finch and motion carried with Mr. Chenoweth voting nay.
5. Director presented a Summary of Job Audit progress(current job audits) which
had previously been forwarded to Board Members. Some audits were in the
initial stage of review. some had been referred to the City Manager for his
input. and some were ready for Board action. He asked for clarification by
the Board of the Rules on audit and reclassification procedure and for direc-
tion by the Board as to the manner in which job audits and recommendations
should be initiated and processed if the Board felt the current process was
not being properly applied.
Mr. Chenoweth ~oved that the Board delay action with respect to job audits
until the next meeting to give Members time to study what the Director has
provided them with respect to the joh audit questions. Seconded by Mr. Krause.
Director asked that the Board particularly review Section 7(b) of Rule 4 to
determine whether reclassif~cations required that the incumbents be subjected
to the examination process. In continued discussion it was brought to the
attention of the Board that Mr. Fred Bolton. an Electronics Technician>> ques-
tioned his classification and felt that he had received a demotion in 1973
when pay parity was broken between his classification and that of Electricians.
Director noted that this was not a demotion. but merely an instance where pay
increases were not identical because of labor market conditions and/or other
factors. Motion was passed with Mr. Finch voting nay.
6. The recommendation of the Director for Board adoption of an Employee Perfor-
mance and Development Review Program was discussed. Copies of the Program
had been forwarded to Departments. Employee Unions and others in April. 1976.
although Mr. Bryant, President of the International Association of Firefighters
Local 1158 stated he had not received a copy. Mr. Bryant also asked why the
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- 3 -
Civil Service Board Meeting
June 14, 1976
Program did not provide for appeal from ratings through procedures estab-
lished in the union contract and stated that the system could be turned to
paternalism and he was leary of the whole procedure. Mr. Harper) Assistant
Personnel Director, advised Mr. Bryant and Members of the Board that the
Board had previously directed that this Office remain neut~a1 in labor rela-
tions activities and therefore the Program was structured only within the
context of civil service. He also reminded the Board that this Program had
been forwarded to the various city deparbments, employee unions, etc. and
comments requested on the Program, however, only limited verbal responses
had been received from the employee unions.
Mr. Finch inquired as to why this Program had been initiated and when did the
Board actually direct involvement in this matter? Director read from the Civil
Service Act which prescribes in Section 4 under duties and responsibilities of
the Director that, among other charges, it shall be his duty to lIEstablish
records of performance and a system of service ratings to be used in deter-
mining promotions, the order of lay offs and re-employment, and for other pur-
poses." Director related that the Board had not specifically directed him or
the department to develop a performance rating program.
Mr. Finch moved that Employee Performance and Development Review Program be
placed on the Board's Agenda for the next meeting to be discussed by the Mem-
bers of the Board, and after a vote for or against the Program, then to pro-
ceed. Seconded by Mr. Hatchett and motion carried unanimously.
7. The request of the City Manager to establish a new classification of Circula-
tion Librarian, Pay Range 63, Salary $449.65 bi-weekly in the Libraries Depart-
ment was discussed. Motion was made by Mr. Chenoweth that this request be
approved. Seconded by Mr. Hatchett for-purposes of discussion. Following
discussion in which Director advised Members that this is a proposed new
classification evolving from a job audit, the Board rejected the motion on
a 1-4 vote with Mr. Chenoweth voting for the motion.
Mr. Hatchett moved that the City Manager's request to establish a new classi-
fication of Circulation Librarian be tabled until the next meeting consistent
with the action previously taken by the Board in regard to job audits. Seconded
by Mr. Krause. Motion carried 3-2 with Mr. Finch and Mr. Cheno~..,eth voting nay.
8. Director presented recommendation of the Fire Chief and the City Manager for
five percent meritorious pay increases for Fire Prevention Inspectors Joseph
Molnar and Elmer Richa.
Mr. Chenoweth moved that t~ie meritorious pay increases for Fire Prevention
Inspectors Molnar and Richa be approved aa recommended. Seconded by Mr. Finch
for the purposed of discussion. A discussion followed during which Fire Chief
John ,Pitts further expounded upon his written recommendation and Anthony
Wilhelmi, Sanitation Driver in the Utilities Department voiced objection to
the meritorious pay increase policy. Mr. Finch questioned whether there was
a rule for meritorious pay increases. Director advised the Members that the
Board had approved) approximately six months earlier, the current procedure
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- 4 -
Civil Service Board Meeting
June 14, 1916
which provides for such increases by advancing the employee in the step
progression. The earlier policy gave the employee an amount supplemental
to his step pay, which supplemental amount was continuously paid to the
employee during his tenure with the City. Director read from the Minutes
of the Board's November 10, 1975 meeting, as follows: "Direc.tor presented
two plans for a meritorious increase policy and after discussion Mr. Verdi
moved that the Board accept the plan which states, 'Meritorious Pay increase
shall be effected by advancing the employee's step placement in accordance
with the amount of the meritorious increase and changing the anniversary
date in accordance with date of meritorious pay increase. r Seconded by
Mr. Hatchett and motion carried unanimously.u Question was moved and
motion to approve the recommendations was passed with four affirmative
votes and Mr. Finch abstaining.
9. Board considered the request of William Dixon regarding a grievance. Upon
a call from the Chaionan if Mr. Dixon was present, Mr. Larry Black, Attorney,
indicated that he represented the Clearwater Employees' Association and one
William Dixon, a member of the Association. Mr. Black stated that his pur~
pose was to request that the Appointing Authority abide by the Civil Service
Rules in not voiding a promotion in that he does not have the authority to
do so.'. He stated that the facts of the case were that Mr. Dixon took an
examination for advancement to Equipment Operator II on July 15, 1975 and
on October 27th of that year, corning from a list of certified applicants,
was .appointed to the position. On June 1, 1976 he received a Memo from
the City Manager voiding his promotion. Mr. Black advocated that the City
Manager had authori~ under the Rules to demote employees for certain causes
and to discipline employees, but nowhere in the Rules does he have the right
to void promotions, particularly where the employee himself has not been
accused.of wrongdoing. He stated that the allegation that certain defects
had occured in the appointment process had been raised, but that such defects
were 'not on the part of the employee and the demotion injures the employee
and denies him due process because management apparently made an error. He
asked that the Board reinstate or reaffirm Mr. Dixon's appointment at this'
time.
Mr. Verdi read a Memo from the City Manager which had just been received
prior to this meeting. The memo related that it had been brought to the
attention of the City Manager that Mr. William Dixon had requested to be
placed on the Board's Agenda for June 14, 1976 to submit a grievance and
that it was his understanding that Rule 15 (Grievance Rule) had not been
complied with; therefore, that it would be inappropriate and contrary to
law for the Board to consider the grievance.
Mr. Chenoweth pointed out that the Director had advised the Board that
there was a question of properly following the grievance procedure in his
Memo of June 9th.
Mr. Verdi then recited Rule 15, and upon the request of Mr. Black, Section 8
of Rule 14. After discussion, the Board indicated that Rule 15 applied and
that Section 8 of Rule 14 did not apply in this case.
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- 5 -
Civil Service Board Meeting
June 14, 1976
Mr. Chenoweth asked the Director who made the original mistake? Director
advised that this Office did in permitting Mr. Dixon to take an examination
that had not been properly advertised. When this error was discovered and
the Director notified, he immediately advised Mr. Kane of the situation and
explained that Mr. Dixon would not have to take the examination since he
had already done so through no fault of his own and that to permit him to
re-take it would give him an unfair advantage over other candidates, i.e.
he would have had practice on the test. The exam was held in early August;
three candidates took the exwnination and two passed. Thereafter, three
persons were certified to Mr. Kane, being Mr. Dixon, who had taken the
exam in error, and those two who passed the examination when subsequently
administered. The exams were given in late July and early August, certifi-
cation rendered in early August and an official appointment was not nmde
until October 27th.
Mr. Verdi then recognized Mr. Jack White, Attorney. Mr. White indicated
that he represented Mr. Kane and that Mr. Kane was here to clarifY the back~
ground of this situation. lie stated it was Mr. Kane's position that all
three employees were certified before he ma.de his appointment. He further
noted that the City Manager was under the erroneous impression that only
~~. Dixon was certified to Mr. Kane at the time the appointment was made.
Mr. Kane was recognized by the Chairman. He stated that Mr. Dixon did not
have a grievance with his immediate supervisor or with h~Belf; that his
grievance was with the City Manager, because the City Manager was the one
who voided the promotion. He related that Mr. Dixon had come to him in
July and inquired how one gets a promotion. Mr. Kane advised him that it
was through competitive examination and advised him to go to Civil Service
to find out. Mr. Dixon went to the Civil Service Office and was permitted
to take the examination on July 15th. Mr. Kane took no action at that time
except to proceed to train Mr. Dixon on the street sweeper. He questioned
the veracity of the Personnel Director with relation to the meeting the
Director stated he had with Mr. Kane after the test was given in error,
stating there was no such meeting. Mr. Kane stated he received an exami-
nation announcement for Equipment Operator II, dated July 22. He took no
action. On August 5th, three men took the advertised exam and Mr. Turner
and 'Mr. Washington passed with identical scores. He heard nothing from
Mr. Laursen and took no action, kept training'Mr. Dixon,' and a day or bWO
before October 27th, was advised by Superintendent Jesse Jackson that he
would like to promote Mr. Dixon. He accepted this recQmmendation and
turned in the appropriate personnel sheets promoting Mr. Dixon. He heard
nothing further until Mr. Gerald Weimer came into his office sometime in
late November with a letter signed by Mr. Turner. Mr. Weimer asked him if
there was any objection to it being publis~ed in the newspaper. Mr. Kane
told him there was none. He heard nothing further until sometime in January,
when E. J. Robinson came into his office and the situation was discussed.
Mr. Turner was called in and Mr. Kane explained his attitude, i.e. a man
was already in training for the job previous to the Civil Service advertiseN
ment for the position. Mr. Kane also related to the Board that this was
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.. 6 -
Civil Service Board Meeting
June 14, 1976
apparently tho only advertisement for Equipment Operator between December
1973 and December 1975, and that previous Street Sweeper Operator candidates
simply went down to Civil Service and took the respective examination.
The Personnel Director advised the Board that the classification of Equip-
ment Operator II did not exist until late 1973, therefore no examinations
for that class would have been previously advertised. In late 1973, the
Street Sweeper classification was merged into a classification entitled
Equipment Operator II which included the street sweepers Bnd other types
of equipment operation found in the Water' Division. Prior to the establish-
ment of Equipment Operator II, the Street Sweeper classification was an entry
level classification and was on continuous recruitment and examination sched-
ule. I' After its inclusion in the Equipment Operator II classification, it was
effectively part of a job series for which promotional exams on an assembled
basis were given.
Mr. Verdi asked the Director if there were no irregularities with this pro-
motion at any time, and if it was done under the Rules and the Act as preM
scribed by law? Director stated he could only speak to the fact that an
examination was administered, originally in error to Mr. Dixon, followed
up with a duly advertised examination and that Mr. Dixon was permitted to
be certified. Certification was made in August after the exam. (Mr. Kane
acknowledged that he received a certification of three men for the position
on August 6th.) That certification is the notice that an examination has
been given and that the names thereon are the not more than five eligibles
from which you may make an appointment. That was as far as this Office pro-
ceeded. Director said Mr. Kane went through a process to which the Director
could not speak as he had no involvement in it, nor had he seen any of the
reports that Mr. Robinson came up with. He related that, beyond the point
of certification, he could not speak to whether the process was proper.
Mr. Verdi asked if the Board had approved the promotion, in that such cer-
tification and appoinonents are brought before the Board as being ~ecommended
by the Appointing Authority and the Director and was it certified and approved
by the Board? Director stated that promotions, appoinbments, etc. are
reported on the Agenda. There was Board discussion as to whether such
items are listed on the Agenda for approval and/or information.
Mr. Verdi asked why the City,Manager was trying to void something they
already did, on what basis are they trying to void what they did them-
selves? Mr. Finch stated that it was obvious why this was being done,
because of the complaint filed. He didn't take time to tell the fellow
he'd already OK'd this, everything was normal. Mr. Verdi stated that the
point was he is trying to void what he did with no reason.
The Board discussed the application of Rule 15 to the grievance of Mr. Dixon.
It was stated that he had followed Rule 15, he had his meeting with the
Appointing Authority, he'd been denied his grievance on the basis that they
have the right to void what they did before without any proper reasons.
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.. 7 -
Civil Sorvice Board Meeting
June 14, 1976
Mr. Chenoweth brought up the Director's position reflected in his Memo to
Mr. Dixon that Rule 15 relates the proper grievance procedure to be fol-
lowed. Consensus of the Board ~as that the Rule had already been followed.
Director stated that, with respect to the meeting that Mr. Dixon had with
representatives of the City Manager, the purpose of that meeting was not
for Mr. Dixon to present his grievance to the Appointing Authority but for
those persons interviewing Mr. Dixon to determine who should have received
the appointment.
Mr. Finch questioned the right of the City Manager to appoint a committee
to hear anyone. Mrs. Kane stated that Mr. Kane had followed the procedures
by the law and by the rules.
Members discussed whether there had been any violations. TIle general con-
sensus was that no violations were evident. Mr. Chenoweth referred to the
legal opinion of the City Attorney which differed from that consensus.
Mr. Finch moved that William Dixon, listed. in our records as Equipment Oper-
atorell, Public Service Department, who the Manager recently attempt~d to
void his promotion as such, be reinstated to the position of Equipment Oper-
ator II, Public Service Department, and that the action of the Board be
delivered personally to the Manager tomorrow morning and if we get any inter-
ference from the City Manager of any sort that legal action by the Civil Ser-
vice Board to carry out the Rules be taken to prohibit any interference by
the Manager. . Since everything was done legally, there is no room under
Rule 15 or 14 for the action attempted by the Manager. Seconded by Mr. Hat-
chett and motion carried 4-1 with Mr. Chenoweth voting nay.
Director's Reports:
1.
Director presented a report summarizing the procedures followed for pro-
motional examinations. This report included the process that is utilized
in giving orals as a portion of examinations. Director advised Members
that. an Oral Exam was scheduled for twenty-eight candidates for Field
Representative I in the Community Relations Division on Monday and Fri.
day and invited their attendance as raters or observers.
Some discussion ~antered on whether Orals should be given in all promo-
tional examinations and whether the Rules or Act permitted Orals to be
given. Director advised Members that the Act specified that competitive
tests be adminlstered and the Rules permitted tests to be assembled, unas-
sembled. written, oral, physical or performance or a combination thereof.
Mr. Chenoweth moved that the Board receive the Director's report.
by Mr. Hatchett and motion carried 4-1 with Mr. Finch voting nay.
Seconded
2.
Director presented report on the Oral Diction Test recently tmplemented
for dispatching personnel. Director related that he had discussed the
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- 8 -
Civil Se~vice Board Meeting
June 14, 1976
test with Police Chief Frank Daniels, Fire Chief John Pitts, and Police
Sergeant Robert Kennedy and his report included a Memorandum from Chief
Daniels which indicated he was pleased with the test.
Mr. Krause moved that the Board receive the Director's report. Motion
seconded by Mr. Hatchett. Motion passed 4-0 with Mr. Finch abstaining.
Mr. Krause moved that the Director discuss the Oral Diction Test with the
Police and Fire Chiefs to consider its use in testing for any Police and
Fire Department personnel who utilize the radio communications system.
Seconded by Mr. Hatchett and motion passed 4-1 with Mr. Chenoweth voting
nay.
3. Director presented the response of the City Manager to the Board's request
that Mr. Maurice Kimbrough of Public Administration Services appear before
the Board.
Discussion centered around the impartiality of the PAS Report and whether
it reflected the current thinking of the National Civil Service League and/or
the International City Managers' Association. The question was raised as to
whether the Civil Service Board has a budget of monies of its own to spend
on bringing Mr. Kimbrough before the Board. Director related that there is
a deparbnental budget but that item does not appear therin. He further
stated that he'doubted if Mr. Kimbrough would appear in any event as his
firm's report was to the City rather than the Board. Members consensus of
opinion was that any change in civil service would require a referendum and
the democratic process would address the question.
Mr. Chenoweth moved that the Board receive the Director's report. Seconded
by Mr. Krause and motion carried unanimous ly.
Mr. Krause moved that the Board discuss the PAS Report. Seconded by
Mr. Finch and motion carried unanimously.
4. Director presented material relative to an Employee Agreement and Elec-
tion Procedure for Civil Service Board Members.
"
Mr. Chenoweth moved that the Board accept the report. Seconded by
Mr. Krause and motion carried 4-0 with Mr. Finch abstaining.
5. Director presented Report on Legal Opinion Request and Response of City
Attorney regarding the voiding of promotion of William Dixon.
Mr. Chenoweth moved that the Board receive the Director's report. Seconded
by Mr. Hatchett and motion carried unanimously.
6. Director presented report on Motions filed by Chief Assistant City Attorney
Frank Kowalski in the matter of Gillespie vs. the City of Clearwater.
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- 9 -
Civil Service Board Meeting
June 14 t 1976
Board discussed whether it was properly a party to the litigation.
Mr. Chenoweth moved that the Board receive the Director's report.
Seconded by Mr. Hatchett and motion carried unanimously.
Mr. Krause brought up a questioa which he Btated was related to Agenda Item #9,
i.e. was the original complaint and discrimination charge brought by Mr. Turner
ever handled by the Affirmative Action Council in Clearwater in any way, manner
or form? Director advised that the complaint was made by the employee to the
Affirmative Action Officer, Mr. E. 3. Robinson. Mr. Krause asked if Mr. Robin-
son had a Council? Director related that there is a Committee which works with
the Affirmative Action Officer in terms of the total affirmative action program,
but they have no input or knowledge of the complaint other than a report that is
ultimately made. to them of the disposition of the Officer's recommendation. He
further stated that he believed that the' Committee got concerned because they
were aware of a complaint and requested to find out what was happening because
of the time-consuming process.
Mr. Krause asked the Director how Mr. Kane fared through this matter? Director
related that Mr. Kane received a written reprimand from the City Manager. Mr.
Krause asked why? Director related that it was for violating the procedures
in terms of interviewing policy and for training one employee certified as
eligible for a position and not giving an opportunity to the others. There
was a question as to whether he interviewed the other candidates and our policy
is that every candidate certified should be interviewed.
Mr. Hatchett inquired as to reasons for the dismissals of Robin Carey and
Charles Sizemore. Director cited the reasons as excessive absenteeism and
absent without leave as the respective causes. Mr. Hatchett then inquired
as to whether we were complying with B.E.O.C. in personnel, training, pro-
motion;; and was documentation kept in this regard? Director said we tried
to comp~y but in some areas we roay have different interpretation than E.E.O.C.
or may not be doing some things B.B.O.C. felt we should be doing, in those
areas we might not have documentation, as to what we do, documentation is
available. Mr. Hatchett asked if we gave minorities in certain positions the
opportunity to train in proportion to their percentage in the population.
Director advised that we have just hired a new Training Officer and he will
, work with the Affirmative Action Program in this and other areas. Mr. Finch
concurred with the comments of Mr. Hatchett and said that's what brought about
the Dixon episode. He stated we don't need to do affirmative action because
we want to, but because we should.
Mr. Finch asked what the Board was going to do about Mr. Willie Rhone who
apparently has received several suspensions. Director related that the
suspension was for reporting to duty in a condition unfit to work and that
if Mr. Rhone had received more than one suspension in a year's time he had
the right to appeal. Mr. Finch suggested the Director contact Mr. Rhone and
advise him of his right to appeal.
,'.
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.
.. 10 -
Civil Service Board Meeting
June 14. 1976
Mr. Finch made an observation that the paperwork was too great and tho Board
should establish a system of operating the business 'of the City as far as per-
sonnel was concerned. Mr. Verdi asked Mr. Finch for suggestions in this regard
'and received his response that the Board give this need. some time. Mr. Krause
suggested a Special Meeting for this purpose. Mr. Hatchett Buggested a work
session would be appropriate.
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Mr.. Hatchett moved for adjournment. seconded by Mr. Krause and motion carried
. unanimously. "
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;' APPR9VED:
Respectfully
It .
H. M?'1.aurs n 11'--'
Personnel Director & Secretary
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. Joseph: p~ eVerdi, Chairman
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