11/26/1976 - Special
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~\t\C>:/::;', Proceedings of Civil Service Board Special Meeting held on November 26, 1976.
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t;:-F:li. Chainnan called meeting to order at 3: 00 P.M. All members were present.
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~r.~~~~W~~ t~. int:~e:~g~:s~~e ~u~t' ~:r th:; are e t~:P"~~~~n;r;:~t;~I~ o~:airm:n e~5~:~t~f the employee
i:~R groups objected to the Board intervening in the suit. Mr. Bill Bryant, President,
'. ~ti~~::5 Clearwater Firefighters I Association, stated his organization had no objection.
~~~~~J"~ ,Mr. Ed Sims, President, Fraternal Order of Police stated his organization had no objection.
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r~;<<{t~~: Mr. Ed Sulek, President, Clearwater Employees' Association stated his organization had
~~rd~~S no ,objection.
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~Et~l~i~ Mr. Hatchett moved that the Civil Service Board intervene into the ensuing lawsuit of
~'~~~1~~t the three employee organizations against the City. Seconded by Mr. Linder. Motion
:~~~~~iM carried with Messrs. Linder, Hatchett, Finch, and Krause voting aye and Mr. Chenoweth
~ tf';iM1~~ voting nay.
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~~i\~~~~~['~~~ Bill Bryant asked Member Chenoweth why he voted agains t the motion since he had taken an
;;1t~~~~~{.:~~ ~:~h t~~ ~~:~~d t~h~n~~~~n~e~i~e s~~~. be:~e~h:~:::h a:~a~~: ~~t~:dn I t believe it proper
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Paul Kane, Russ Britton, Ed Sulek, Mr. Scott, Attorney, Bill Bryant,
Gene Hunt, Charles Finton, Mary Drew Kane, Ed ,Sims, Mrs. Robert Krause
The Civil Service Board met in Special Session on FridaYt November 26, 1976 in the
City Hall Annex (Personnel Department)t regarding intervention in a lawsuit between
the Clearwater Firefighters' Associationt Local 1158, affiliated with the International
Association of Firefighters, et a1, Plaintiffs va. Picot Floyd, et a1, Defendants
and the employment of an attorney.
Chairman made opening remarks in the Special Session summarizing a pending order of
Judge Charles M. Phillips, Jr., regarding the Board's possible intervention in a lawsuit
between three employee organizations and the City and the employment of an attorney .
should ,the Board decide to intervene.
Personnel Director passed out a memorandum received from the City Manager' at mid-day.
The memo cautioned the Board Members of possible personal liability for any legal
expenses incurred by the employment of an attorney without authorization.
Mr. Finch moved that the Personnel Director be directed to advise the City Manager,
Mayor and City ComITidssion this date that the Civil Service Board had decided to intervene
in the suit of Clearwater Firefighters' Association, Local 1158, affiliated with the
International Association of Firefighters, et aI, Plaintiffs vs. Picot Floyd, et aI,
Defendants, and in order to intervene it is necessary that the Board have counsel of
its choice to represent the Board and hereby requests that the City Commission provide
funds for the employment of counsel by the next City Commission meeting, but not later
than December 2, 1976. Seconded by Mr. Hatchett and motion passed unanimously.
Under "Other Board Action," Members discussed the conversation reported between the
Personnel Director and Mr. Carlos Suarez of E.E.O.C., in which Mr. Suarez related he
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~~~:~k,<): Civil Service Board Special Meeting
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~~11>>[~! The Board is unable to settle in the manner suggested to the Personnel
r..r,\j::~.~::<~;.; Director in a phone conversation on November 22, 1976. It would appear
1;"J},~~,,'l ' that such a settlement would require either of two actions: (1) to
~1:;~j:iW)~ establish an unneeded position of Equipment Operator II which lV'ould
B~li~1:~~::"st,~ ~place an unfair burden on City taxpayers, or (2) to remove an existing
~tlj}~n:~ career employee from an Equipment Operator II position. In the latter
~\}-JJl-'.jr~\';1 instance, it should be noted that the Circuit Court has reviewed the
[ti~f~:{~~~;;~ manner of appointment of Equipment Operator II and the District Court
ij~f;.f;.J\ii' :'~, is now reviewing the lower Court decis ion.
i~~f22~t~ts ,Mr. Finch also proposed a summarization of the Board's position for transmittal to
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ttf!. ",". ,il Mr. Suarez.. After discussion as to the two proposals, Mr. Finch moved that the Board
1~k~P~~ advise Mr. Suarez that the Civil Service Board cannot, under the Law and existing Rules
~~1~~~~~} it operates under, entertain nor enter into any agreement concerning Mr. Aaron Turner's
t'~'~r~~ promotion as suggested by you and would appreciate word from you by return mail when
:i~\~~ii~,. you can meet with the Civil Service Board in Clearwater in order that you may hear the
?;(:f~.);i '. Board's side and then fully investigate the alleged charges (Charge TMM6-2689).
.\ , \~vh 'Seconded by Mr. Chenoweth and motion carried unanimously.
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~ .: ':.hr{Y",Me~ers discussed the possibility of fowarding letters to United States Senators
~ " Stone and Childs and Congressman Young regarding the manner in which Mr. Suarez has been
" proceeding on the discrimination issues concerning the Board. Board directed that no
-action'be taken at this time but that this be an item on the Board's agenda for
December 13.
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November 26, 1976
would return to Clearwater on the Aaron Turner discrimination charge if tho Board
to settle the case (settlement involving placement of Mr. Turner in an Equipment
Operator II position and assurances that harassment of Mr. Turner would cease).
wished
After discussion of the matter, Board adjourned for five minutes during which time the
Director attempted to summarize the Board's position. Upon the meeting being reconvened
the Director proposed the io110wing letter be fo~]arded to Mr. Suarcz~
Chairman Krause advised Members that his term would expire in December and directed the
Personnel Director to place the Chainnan's appointment on the Agenda for December 13.
There being no further business and no citizens who expressed a desire to speak, the
meeting was adjourned.
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SUb;:;S-
Respectfully
H. M. Laursen,
';, and Secretary
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