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Special Civil Service Board Meeting held July 26, 1976.
The Civil Service Board met in special session on July 26>> 1976 in the Personnel
Office at City Hall Annex, beginning at 7:30 P.M. Purpose of the meeting which
was called by Board Members Paul Hatchett and Robert Krause was as follows:
1. To select a new Chairman for the Board for the remainder of this calendar
year.
2. To discuss prior activities and to chart new directions for
Civil Service matters.
Among those present at the meeting were Jack White, Larry Black, Ed Sulek>>
Mr. and Mrs. Paul Kane, Bob Clark, Gardner Smith, Stan Szuba, Jr., Joe Stebbins,
Vernon Kirby, Marion Olsen, Paul Rettig, Mr. & Mrs. Joseph Verdi, Tony Shoemaker,
Karen Martin, Darwin Frank, William Dixon and Susan Grant.
The meeting was called to order by Paul Hatchett who asked Mr. Chenoweth to serve
as temporary Chairman. Mr. Chenoweth stated this was a special meeting and only
two items would be considered, the first one being selection of a new Chairman.
Mr. Hatchett nominated Mr. Robert Krause as Chairman. There being no further
nominations, Mr. Chenoweth declared the nominations closed and unanimous approval
'was given.
Mr. Verdi asked the new Chairman to read a letter he had just handed the Board
Members. Chairman said he felt it was appropriate under the second Agenda item,
i.e. to discuss prior activities and to chart new directions for Civil Service
matters. He then read a letter from 13 employees of the City Engineering
Department thanking the Civil Service Board Members for their service to the
employees arid citizens of Clearwater.
Chairman then related to the Board that this meeting was a composite of ideas of
himself and Mr. Hatchett. He advised members that he was present at the City
Commission Meeting held this morning and was pleased that the Commission decided
to reinstate Mr. Battle as City Engineer and not pursue an appeal. He read a
quotation from Commissioner. DeBlaker in which she expressed concern with the
possible ramifications of the Commission action and that the Board can do what it
wants with unlimited power -- that some control is needed. Chairman expressed his
position that the Board is a duly constituted, statutory Board and that it was so
established to eliminate control over the Board as suggested by Mrs. DeB1aker. He
stated that the Board does not need political, City Manager or City employee
control, that it is a self-contained and self-sustaining unit, duly representative
of the City and employees and no political power should be involved in employee
relations or employee guarantees. Other members had no comment on the statements
made.
Mr. Hatchett asked if the Board Members wanted to continue the hearings with
respect to the Dixon matter or delay them indefinitely and continue with our regular
Civil Service Board Meetings. Mr. Chenoweth said that the Board has had several
meetings on this matter even though it had in its possession on June 14 written
materials from the City Attorney, the Personnel Director and the Appointing
Authority that the Board did not have jurisdiction at the time. The results of
the various meetings have been various suits and charges and he felt that the Board
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Civil Service Board Special ~meting
July 26) 1976
ought to wait until someone files a grievancc_ Mr. Finch said the Board should
discuss prior activities and decide how to operate from this point on. Mr. Verdi,
as a citizen) reminded the Board that grave charges still exist against the Board
and that one Commissioner and the NAACP had nsked that the Board continue its hearing.
Chairman asked Mr. Sulek and Mr. Clark if they had set an election for replacing
Mr. Verdi. Bob Clark stated that a nomination meeting had been scheduled for
Tuesday and election would be held as soon as possible.
Attorney Larry Black asked to make a presentation relative to his written request
for appearance before the Board to discuss the Dixon affair. Chairman advised
Mr. Black that this would be out of order at this Special Meeting. Mr. Black said
his presentation was relevant to Agenda Item #2 and stated that in his view the
case is concluded - the matter was heard~ the Board voted to reinstate Dixon; it was
done on an improper demotion -~ it had nothing to do with discrimination. The question)
he said) was does the Board have the authority to reinstate a man; because since
June 14, Dixon has not been reinstated whatsoever, no discrimination charge has been
. sustained to have him demoted--his demotion is as unlawful today 'as it was then and the
question is one of authority to reinstate. He said the Battle case is not relevant
. because when the Board voted to reinstate Battle the City Attorney appealed to
Circuit Court .- there has been no appeal to Circuit Court in this situation. He
suggested the Board obtain independent legal counsel and go to court to sustain
the Board's order. He asked the Board what it was going to do to see that its
order was upheld. Mr. Chenoweth moved that Mr. Black's letter to appear on our
Agenda be approved for August 9. Sec~nded by Mr. Hatchett. Motion failed with
Mr. Chenoweth and Mr. Hatchett voting aye and Mr. Finch and Mr. Krause voting nay.
Mr. Finch moved for a Special Meeting for next Monday (July 30) pertaining to the
Dixon matter and other items that may come up tonight. Seconded by Mr. Hatchett
for discussion purposes. Director suggested that it might be appropriate to wait
until the election of the fifth Civil Service Board Member ,~as completed.
Mr. Sulek questioned whether a continuation of the Dixon matter should be placed
on the Agenda for a Special Meeting or a regular meeting. He felt a Special
'Meeting would be more appropriate because of the time factor. Notion and second
were withdrawn.
Mr. Chenoweth moved that Mr. Black's letter be considered and placed on the Agenda
of the August 9th meeting. Motion passed with Mr. Chenoweth, Mr. Hatchett
and Mr. Kr.ause voting aye and Mr. Finch voting may.
Mr. Clark, representing the F.D.P., asked that the Board obtain independent legal
counsel. Mr. White, representing Mr. Kane and the F.D.P. suggested the City
Attorneys were in an unethical position and perhaps they should seek, at the
request of the Board, a declaratory judgment from the Circuit Cour~ or the U.S.
District Court as to whether or not they are in an unethical position trying to
represent this Board and the Appointing Authority at the same time.
Frank Kowalski announced he was leaving because he had not been asked for legal
advice which was the purpose of his presence. Board Members requested that he
remain and he did.
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- 3 N
Civil Service Board Special Meeting
July 26, 1976
Mr. Krause and Mr. Chenoweth discussed the reason for the various hearings that had
been held. Mr. Krause said the hearing at the City Commission Chambers wa~ called
for the purpose of getting at the truth of the whole situation up to and including
the charges of discrimination and Sunshine Law violation against the Board.
Mr. Chenoweth said he believed the meetings were not called for that purpose. At
the request of the Chairman, Director read from the subpoenaes issued which stated
as follows: "An investigation into events leading to promotion on October 27, 1975
of William Dixon and subsequent demotion on June 14, 1976 including any hearings,
interviews, investigations, grievances relating to these actions.1I He also read
the purpose for the Board's Special Meeting held on June 29, 1976 as follows:
"Reconsidering the Board's action of June 14,1976...."
Mr. Hatchett said his purpose tonight was to determine whether the Board wanted to
complete the investigation. Mr. Black stated he would like Mr. Dixon's case to be
kept separate from any charge of discrimination because that was confusing the issue
Mr. Dixon's case never had anything to do with discrimination. He said he was
employed by the CEA to represent Mr. Dixon on the way he was fired but they also have
stated that they are not in favor of any fonn of discrimination and would take the
same position if the employee positions were reversed.
Mr. Verdi stated that the investigation Minutes would reflect that Mr. Dixon's name
was nowhere mentioned, that the investigation was~strictly on the basis of charges
made to this Board about being biased against blacks. Nowhere in the investigation
did the Board bring Mr. Dixon's name in it; in fact, somewhere at the beginning it was
mentioned that the Board was not concerned with Mr. Dixon, but were concerned with
charges pressed against the Board and that the investigation was to get at the
ungarnished truth of what happened to Mr. Washington and Mr. Turner and that was all the
Board was interested in at that time. He continued that the investigation should
continue.
The question of validity of previously issued subpoenas was brought up by Mr. Hatchett.
Mr. Kowalski stated that new subpoenas would have to be issued. Director responded
that he would have time to process new subpoenas for August 23rd which was a date
suggested for a Special Hearing.
Mr. Hatchett moved that a Special Meeting be called to continue the hearing on
August 23, 1976 with proper subpoenas being re-issued under the direction of this
Board to Mike Laursen, Personnel Director. Mr. Sulek (C.E.A.) asked why this matter
had to be delayed so"long. Reasons given were to permit a full Board to be available
and that Mr. Dixon's i8sue will come before the Board at a regular meccing on
August 9---the hearing' as suspended will be continued on August 23rd. Chairman
emphasized that the two matters are distinct and separate. At the August 9th regular
meeting Mr. Dixon and his Attorney, Mr. Black, are on the Agenda for discussion of
Mr. Dixon's problem. On August 23--if it is the will of the Board-- the Board will
reconvene in open, public hearing with subpoena power and subpoenas issued to get
to the bottom of the charges of discrimination and Sunshine Law violation against
the Board. Mr. Chenoweth asked if that was the purpose of the investigation and
could it be a part of the motion. Mr. Hatchett said that it was one of the issues.
, Mr. Krause said he felt it was necessary to go back to day one, July 15, and carry
forward. The second to the motion, originally made by Mr. Chenoweth was withdrawn.
Mr. Finch offered a second. He said the purpose of the meeting should be better
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- 4 -
Civil Service Board Special Meeting
July 26 t 1976
defined--the charges made by the Manager. Mr. Dillon and whoever made them of
discrimination by the Board is O.K. for one item. Secondly. the Board should determine
who actually filed the charge against the Bonrd--it appearing that someone just called
Miami and somebody signed a charge against the Chief Executive Officer of the Civil
Service Board charging "disparity" and "terms and conditions." He stated this matter
should be placed on the Agenda for the same meeting and a subpoena issued for
Elizabeth Augusti and. in particular, Edmund Dillon, Jr. and also subpoena duces
tecum for the Director of EEOC to bring with him and disclose all relevant information
concerning this charge. He continued that the Board should also discuss at this
meeting whether the alleged Notice of Violation is sufficient under the law or whether
the Board should move to quash the Notice. Thirdly, he said the Board should find
out through the City Attorney if an employer-employee relationship is an essential
element in order to bring a charge against this Board and whether the Board is an
employer within the meaning of the Civil Rights Act and amendments. Mr. Kowalski
asked' the Board if it would authorize Mr. Finch to write a brief memorandum to the
City Attorney's office stating the question.
After discussion as to the wording of the MOtion. Chairman asked the Director to read
the motion for the members. Director stated he had the motion as Mr. Hatchett moved
for a Special Meeting on August 23, 1976 to continue a special hearing regarding race
discrimination charge with new subpoenaes to be issued by the Personnel Director.
Members added that this would be for 7:30 P.M. at' City Hall if available. MOtion
passed with Mr. Hatchett, Mr. Finch and Mr. Krause voting aye and Mr. Chenowetb voting
nay.
Discussion ensued as to who should besubpeonsedregarding the Notice of Employment
~iscrimination filed by Mr. Dillon. It was the consensus of the Board that this
" idea would be placed on the August 9. 'Agenda.
Mr. Hatchett asked who had been subpoenaed for the previous hearing. Board consensus
was' that the same persons should receive subpoenaes and that additionally Mr. Pettiford
should be included. Other names may be suggested by the Board at the August 9).meeting.
Mr. Finch said he thought the purpose of the meeting was to chart new directions for
Civil Service matters and was the Board going to permit examR to he given in the:
manner ~ theyi,had beep. recently.. He, said that for the meeting of ~utS..tl. !}-,
August 9th it be an Agenda item that the Board discuss prior activities in detail
and chart new directions including examinations, notices of hearings, what should be
on, the Agenda and what shouldn't be on the Agenda, He suggested the Agenda should
include the item. "Employees, Management and Citizens to be Heard," tbat the Board
adopt a policy to take it under advisement, not to make decisions that'night. but to
follow up and render a decision through the Director or at the next meeting. Members
concurred with the suggestion and it is to be discussed at the August 9th meeting.
Mr. Krause' brought up the matter of the City Commission meeting on August 5th to
discuss"draft of new procedures for the Civil Service Board.
'.
Mr. Chenoweth moved to adjourn. seconded by Mr. Hatchett and motion passed with
- 4 -
Civil Service Board Special Meeting
July 26, 1976
defineu--the charges made by the Manager, Mr. Dillon and whoever made them of
discrimination by the Board is O.K. for one item. Secondly, the Board should determine
who actually filed the charge against the Board --it appearing that someone just called
Miami and somebody signed a charge against the Chief Executive Officer of the Civil
Service Board charging "disparityH and "terms and conditions." He stated this matter
should be placed on the Agenda for the same meeting and a subpoena issued for
Elizabeth August! and, in particular, Edmund Dillon, Jr., and also subpoena duces
tecum for the Director of E.E.O.C. to bring with him and disclose all relevant infor-
mation concerning this charge. He continued that the Board should also discuss at
this meeting whether the alleged Notice of Violation is sufficient under the law or
whether the Board should move to quash the Notice. Thirdly, he said the Board should
find out through the City Attorney if an employer-employee relationship is an essential
element in order to bring a charge against this Board and whether the Board is an
employer within the meaning of the Civil Rights Act and amendmet\ts. Mr. Kowalski
asked the Board if it would authorize Mr. Finch to write a brief memorandum to the
City Attorney's office stating the question.
After discussion as to the wording of the Motion, Chairman asked the Director to read
the motion for the members. Director stated he had the motion as Mr. Hatchett moved
for a Special Meeting on August 23, 1976 to continue a special hearing regarding race
discrimination charge with new subpoenaes to be issued by the Personnel Director.
Members added that this would be for 7:30 P.M. at City Hall if available. Motion
passed with Mr. Hatchett, Mr. Finch and Mr. Krause voting aye and Mr. Chenoweth voting
nay.
Discussion ensued as to who should be subpoenaed regarding the Notice of Employment
Discrimination filed by Mr. Dillon. It was the consensus of the Board that this
idea would be placed on the August 9, Agenda.
Mr. Hatchett asked who had been subpoenaed for the previous hearing. Board consensus
was that the same persons should receive subpoenaes and that additionally, Mr. Pettiford
should be included. Other names may be suggested by the Board at the August 9, meeting.
Mr. Finch said he thought the purpose of the meeting was to chart new directions for
Civil Service matters and was the Board going to permit exams to be given in the
manner they had been recently. He said that for the meeting of August 9tht it be an
.,Agenda it'em that the Board discuss prior activities in detail and chart new directions
including' examinations, notices of hearings, what should be on the Agenda and what
shouldn't be on the Agenda. He suggested the Agenda should include the item, "Employees,
Management and Citizens to be Heard," that the Board adopt a policy to take it under
advisement, not to make decisions that night, but to follow up and render a decision
through the Director or at the next meeting. Members concurred with the suggestion
and it is to be discussed at the August 9th meeting.
Mr. Krause brought up the matter of the City Commission meeting on August 5th to
discuss draft of new procedures for the Civil Service Board.
Mr. Chenoweth moved to adjourn, seconded by Mr. Hatchett and motion passed with
I,~. I.. ,~",~., "_~,u.._t
".
5
Civil.Service Board S~eclalMeeting
.July 26. 1976
':1
^~..' {':,.
\~ .
:~ . . 'Mr.. Chenoweth. ,Hatchett' 8'll:d Krause voting
IJ .
'~ .
'.
..
aye and Mr. Finch voting nay.'
"
Respectfully submitted,
.Approve~:
'!I/:n
H. M. Laurse
Personnel Oi ector & Secretary
.:..
Robert~.;~ause, Chairman
.
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