11/01/1976 - Special
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Proceedings of Civil Service Board Special Meeting held on November 1, 1976.
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Visitors: Joe Stebbins, Bill Bryant, Gene Hunt, William C. Dixon, William Neumann,
Bob Clark, Dan Treloar, Mary Drew Kane, Cynthia Haley, Fay Beachler,
Mr. & Mrs. B. L. Garretson & Son, Tony Shoemaker, Edwin Sulek,
William Vierheller, Irene Ditto, Buddy Verdi, Bob Bickerstaffe,
Gardner Smith, Marion Olsen, and Jack White, Jr.
Chairman called meeting to order
p~rtaining to the discrimination
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Members present:
Absent:
at 7:30 P.M. as a Special Meeting and Hearing
charges relative to William Dixon and Edmund Dillon.
Robert Krause, Alex Finch, Paul Hatchett
Tom Chenoweth, George Linder
Chairman asked Director if all letters of invitation had been sent out to parties
requested and to indicate what response was received. Director advised that letters
were sent or handed to Gerald Weimer, E. J. Robinson, Edmund Dillon and James Pettiford.
Each letter contained the following:
You are cordially invited to appear before the Civil Service Board to
state your involvement and role in the discrimination charges alleged
against the Civil Service Boa;d of the City of Clearwater in the cases
of William C. Dixon and Edmund C. Dillon.
, We ask your appearance before the Civil Service Board on
Upon your entrance into the designated place of hearing, kindly report
to the Monitor on duty who will recognize you. The Monitor will be
instructed as to your placement until you are called upon to testify
in the hearing.
Please respond to the Personnel Director by noon, Friday, October 29) 1976)
.if you will attend this meeting. Mr. Laursen may be reached at 442-6131,
Extension 237 by telephone or personally at the City Hall Annex,
10 S. Missouri Avenue, Clearwater.
Sincerely,
" Robert Krause, Chairman
Clearwater Civil Service Board
Director advised the Board that responses were as follows:
1. A telephone message was received from Mr. Weimer at 10:25 A.M.,
'October 29,1976; "I do not plan to attend as it is not proper since
the matter is under litigation at this time.1f
2.
A letter was received from Mr. E. J. Robinson on 10-29-76:
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near Mr. Krause:
Thank you for your letter of October 26, 1976, inviting me to
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~~Wt}i;:"~;:~~ 4. The Personnel Department contacted Mr. Pettiford by telephone and
l~~; verified that he would make every effort to be in attendance.
~t~~~~,t Chairman invited Mr. Pettiford to come before the Board after which he yielded the floor
~m~!~~t~t: . to Mr. Hatchett. Mr. Hatchett expressed his appreciation to Mr. Pettiford for appear-
~ rl~~~?;)tJ ing. Mr. Pe.ttiford identified himself as being employed by the NAACP, 1405 Tampa Park
4~~~f~..Plaza, Tampa and the nature of his job as being a troub1eshooter~ aiding various
~~~t~(~~ branches. throughout the State, doing everything he could to end discrimination and
;t.t\~~;~~:?t.~ assure equa~ employment and affirmative action.
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~t~~:/;~.;: Mr. Pettiford was questioned by Mr. Hatchett. Mr. Pettiford indicated that Mr. Dillon
~~fJ~0R initially contacted him by phone~ stating that he needed to see him. In their face to
f,A!.':'(;".':: face conference, Mr. Dillon said there was a discrimination case and the City Manager
~~{j~(t was going to try to abolish the civil service system and replace it with a merit system.
~~:'~\':-::/,;;"r Mr. Pettiford said Mr. Dillon Bought his help, but that he related that he was not
~~~b~i~l . interested in that but was interested in any case of'discrimination. He next saw
~[~';i,\':~':f'::~ Mr. Dillon when Dillon brought Mr. Turner by his home in Clearwater to show Mr. Turner
~~iiS~Y:.:Y, where he lived. This was apparently during normal work hours and Mr. Turner returned
'(I:/jfz'J/ later to discuss the discrimination situation. Mr. Pettiford said that based on what
tt;:{/JA):..~j Mr. Turner told himJ he felt discrimination was involved and it was at that time the
M;i:,::.;; t~~'{ NAACP became involved.
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Special Meeting of Civil Service Board
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November lJ 1976
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attend the Civil Service Board Meeting on Monday) November IJ 1976
at 7:30 P.M. in the City Hall Annex, Personnel Department Offices.
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I feel I must decline your invitation. My reason for declining
is because of pending litigation and Equal Employment Opportunity
Commission involvement.
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J. A letter was received from Mr. Edmund Dillon on 10-29-76:
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Dear Sir:
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I have received your letter requesting my appearance before the Civil
Service Board, City of Clearwater.
Due to the pending matter with the Equal Employment Opportunity
Commission and other litigation, I will be unable to appear at
this hearing.
Sincerely,
Mr; Pettiford related that he could not say that Mr. Dillon was instructed to seek his
help in doing away with the civil service system) but he felt from the context of
Mr. Dillon's statements that Mr. Dillon had not come of his own volition.
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\t\~;/:4:.:;~ Mr. Hatchett accepted the apology offered by Mr. Pettiford as did the Chainnan.
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$...[.~..{.;,~.:.'..':.~.'.~'".;.::~.,. Mr. Pettiford said that he did not know initially that the Board was unaware that there
~,.;!., .,.'. were illegalities involved.
~~~~~1~\;.<';'.; In response to questions from Mr. Finch) Mr. Pettiford related that Mr. Dillon came to
~n~~;)::~.\i him, not as an individual, but to the NAACP seeking its help.
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t~i~Jt;j~ :;: ~~~i~~~r~h~:l~~e~ei~a~a:em:~~iyt~~l~~:~~gh~;d~~:~edH:o~l:~c~e~:~~~:~i~~;~t~eo:as not
~l;-""'~;' .....:) aware that Mr. Robinson was the Affirmative Action Office of the City and that he thought
Vt1~~;;:~?\~r.~~ Mr. Dillon handled complaints.
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i~':"'::'.~/;..: . Hatchett as ed Mr. Petti or to give acre i i lty statement on Mr. Dil on actions.
~~::ii.:;.;;':>:";'.', Mr. Pettiford said his ac tions were perhaps unprofessional.
1I1!11~ ::~ :::::::::~:::::::::;:::e:::::;::::::~:::::~~::~::::::::~S8:::::-::::.:: :::P:::::.
~~;~:f;:,;;;;'):': that affirmative action and equal employment opportunity be practiced throughout the
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~r1fl:t:E> Mr. Hatchett, in discussing Judge Miller's decision in the Dixon case, asked Mr. Bustin
~3;;!~'I'<~.:, if he worked for the City Connnission or City Hanager. Mr. Bustin stated he works for
t">.,::~,.:' the City Commission. Mr. Hatchett further inquired why the City asked him to serve with
:~p;:.,~:- ': an antiquated Act and then use it agains t him. Mr. Finch said he wanted to go on record
I~~~:.O~! that the Act is not antiquated) the Rule is not bad, and if the Board continues following
~W~.'(...~.') its Rules, they will continue winning in court.
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"~'i;:+:~;.}:;:; ,Mr~' Bryant, President of the I.A.F.F., Loca'l No. 1158, inquired as to the Board's intent
~~~1,:~:.i~?, with respect to the question of sedition which was raised at an earlier meeting of the
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Special Meeting of Civil Service Board
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November 1) 1976
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became apparent that the discrimination was becoming a moot point
between the City and the Civil Service Board. He did not want to
lost in the feuding because) according to the information he had,
of discrimination.
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among the feuding
see the case get
it was a verified case
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Mr. Hatchett asked Mr. Pettiford to explain his statement relating to the Board being
"sandbagged." Mr. Pettiford stated that if the Board had asked Mr. Laursen and the
City Attorney if there were any violations or illegalities involved and they said no, then
they were not being entirely truthful because discrimination is a violation of the Civil
Rights Act of 1964. If they answered there were no illegalities involved, then either
they were ignorant of the fact or intentionally lied to the Board. Mr. Hatchett inquired
as to Mr. Pettiford's reported statement that four members of the Board should be
removed. Mr. Pettiford said that statement was based on information from the complainant,
that both Turner and Washington had been with the City longer and passed the test with a
higher score, and if the Board was aware of that fact then they should be removed. Since
then, Mr. Pettiford said he has found the Board did not know all the facts and he apolo-
gized to the. four members who voted to uphold Mr. Dixon's promotion. He questioned why
the fifth member did not vote likewise.
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- 4 -
Special Meeting of Civil Service Board
November 1, 1976
Board. He said it appeared to him that there is a possibility of person or persons
involved in trying to do away with the Civil Service Board and this could be a
conspiracy to commit sedition. He said he wanted the protection of his Civil Service
Board and wanted the proper agencies to protect his rights. He suggested the Stat~s
Attorney's Office as the proper agency.
Mr. Buddy Verdi asked the Board to refer the entire situation to the States Attorney.
Mr. Hatchett responded that he favored a continuation of the Board's hearing and
investigation. Mr. Finch suggested the Board confine its investigation into Dillon's
action and that area, as the City has an absolute right to appeal Mr. Dixon's case.
Board members discussed the status of ~rr. Dillon's employment situation. Director
advised that Mr. Dillon is an unclassified employee as Administrative Assistant to the
City Manager. Mr. Hatchett asked the Chairman who the E.E.O.C. Field Representative
is for the Tampa Bay area including the City of Clearwater, where his office is located
and how complaints are filed. He stated he had information that the Pinellas
Opportunity Council could answer that question.
Mr. Finch asked for a copy of Mr. Dillon's duties and asked the Director when he
acquired the job description he had just distributed. Director advised that this was
a job description he located in a file marked Community Relations, that it is undated
and was probably written a number of years ago when the City was conducting national
recruitment for this position. He said he could not speak to its being a deacription
of Mr. Dillon's job but it was a description used for that same job in the past.
The Board adjourned for the purpose of locating infromation from the City's administra-
tive directives as to Mr. Dillon's duties.
Upon reconvening, Mr. Hatchett asked the Director if he knew of any meeting in this
, building by the Affirmative Action Committee at approximately 5:00 P.M. today, do they
operate under the Sunshine Law, who was present and what happened? Director responded
that he did not know if they met and in his judgment they do not come under the
Sunshine Law as an internal committee to monitor the Affirmative Action Program.
Mr. Bustin related that he thought it was the policy of the City that all Boards meet
in the Sunshine. Mr. Hatchett said he was interested because these people deal with
touchy,issues such as the Board was charged with and he wants to know what they are
doing - he wants to see their minutes and their agenda - if they come under an
administrative board meeting in the Sunsh:l.ne.
Mr. Hatchett moved that the Director be instructed to include in the Agenda for the
meetinR of November B. 1976, 7:30 P.M.. City Hall Annex to take care of immediate
pertinent personnel department business and that we enter into a continued hearin~ of
the case involving Mr. Dillon, Community Relations Director of the City of Clearwater
and filing a charge against the Civil Service Board as it applies to discrimination.
Hereto sub oena the followin eo Ie to a Ed Dillon and James Pettiford, Field
Director, NAACP. Seconded by Mr. Finch with the suggestion that the motion shou
read, "an alleRed charge of discrimination aRainst the Board by Edmund Dillon who
alleges that he was denied equal terms and conditions of employment," and that Mr. Weimer
be included in the subpoeua list. Mr. Hatchett concurred with M~. Finch's comments and
also added E. J. Robinson, Affirmative Action Officer to those subpoenaed. Motion
carried unanimously.
- 5 -
Special Meeting of Civil Service Board
November It 1976
Mr. Hatchett asked the Director if it would be possible to employ a Court Reporter for
the hearing. Director said he would inquire into the matter. Mr. Verdi asked if the
Legal Department could provide court reporter service. Bill Bryant.speaking for the
employee organizations. offered to pay the appearance fee of a Court Reporter. Board
members declined this offer.
Mr. Shoemakert at the request of the Board provided materials regarding the Community
Relations Office. He stated that he would provide a copy of the general job guidelines
he used in interviewing Mr. Dillon prior to his employment. Mr. Verdi questioned
Mr. Shoemaker as to whether he reviewed Mr. Dillon's background prior to recommending
his employment.
Mr. Hatchett asked whether the report of the Affirmative Action Officer was provided
to the Board and. if so, when. Director advised that it was included in the Agenda
materials provided to the Board for its Special Meeting of June 29, 1976.
Director advised Board he had received a second letter from Mr. Suarez of the E.E.O.C.
on October 29, Charge No. TMM6-2689,. Dillon vs. City of Clearwater. This letter is the
same as the first letter but it contains a different charge number. After discussion,
centering around the various complaints against the Board, Mr. Hatchett asked the
Chairman to call Mr. Suarez and find out what date he released the Charge letter from
. his office and to whom he sent it directly and to get an interpretation of what it
means. He asked also if Mr. Suarez would attest to and did he sign it on the date
it was dated. Mr. Finch suggested that the Chairman should also ask if.it was mailed
through the U.S. Mail.
letter of October 27 from Mr. Carlos Suarez Re: Charge No.
he handle
motion carried unanimously.
Mr. Hatchett moved to adjourn, seconded by Mr. Finch and motion carried.
Respectfully
Approved:
./J~
H. M. Laurs , Personnel Director
and Secretary
'.'.Robert F. Krause, Chairman
Civil Service Board adopted as the Minutes for this meeting, these minutes as written
plus Court Reporter's notes, if any, and tapes of the meeting.
Robert F. Krause, Chairman
'I
,1.