12/13/1976
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The Clearwater Civil Service Board met in regular session on Monday evening,
December 13, 1976 at 7:30 P.M. in the Civil Service Office, City Hall Annex.
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Visitors: Floyd Carter, Paul R. Rettig, Carol Walther, Paul Kane, Mike Paroby
Nina Burnett, Jim Wills, Kathy Wills ~ Robert Clark, Mrs. J. J. Mackey
Mrs. Jeanne Carter, Vernon Kirby, Charles Finton, Howard Groth, and
David Perez '
Chairman called meeting to order.' All members were present.
1. Mr. Hatchett moved that the Board appoint Mr. Robert Krause for a three year
term on the Civil Service Board. Seconded by Mr. Chenoweth and motion
passed unanimously.
2. Mr. Finch moved that the Board adopt, in addition to the Minutes as written,
Court Reporter notes, if any, and tapes of the meetings in total for the
meetings of November I, 1976, November 8, 1976, November 17, 1976 and
November 26, 1976. Seconded by Mr. Hatchett and motion passed unanimously.
Mr. Hatchett moved that the Director obtain the Affirmative Action Committee
Minutes of all meetings and name of the presiding officer at those meetings.
Seconded by Mr. Finch and motion passed 4-1 with Mr. Chenoweth voting nay.
3.
Mr. 'Chenoweth moved that the Board accept the resignationo of Cynthia Musselwhite,
Clerk'Typist I, Service & Information Division, Central Services Department,
Mildred Adams, Clerk Typist II, Service & Information Division, Central Services
Department, Wallace F. Russell, Systems Analyst/Programmer, Data Processing,
Central Services Department, Francis A. Faucher, Custodial Worker, Central
Services Department, Anie1lo J. Astarita, Custodial Worker, Central Servi~es
Department, Louis Silvestri, Firefighter, Fire Department, James R. Lomax,
Custodial Worker, Marine Department, Wendy Rogers, Library Assistant I,
Libraries Department, Cynthia A. Leon, Senior Beach Guard, Marine Department
Clinton W. Cory, Maintenance Worker I, Parks & Recreation Department,
Richard Brawdy, Custodial Worker, Parks & Recreation Department1
Andrew J. Baker, Recreation Assistant, Parks & Recreation Department
Franklin D. Bush, Community Development Planner, Planning Department,
Richard J. Pfendcr, Custodial Worker, Police Department, David Affleck,
Recreation Assistant, Parks & Recreation Department, Anna S. Strong, Recreation
Leader, Parks & Recreation Department, Robert J. Smith, Maintenance Worker 1,
Public Service Department, John R. Maire, Jr., Signal Technician, Traffic
Engineering Depaxtment, Carol E. Walther, Clerk Typist II, Utilities Department
Levi Waters, W.P.C. Attendant, W.P.C. Division, Utilities Department and
Tony W. Sowell, Distribution Serviceman II, Water Division, Utilities Department
be accepted. Seconded by Mr~ Finch and motion carried unanimously.
4.
Attorney Scott requested that the Board defer the request of Paul Kane that a
letter of reprimand be removed from his personnel file and that an investigation
be made into the actions of the Personnel Director until legal ramifications are
settled in'court. Mr. Chenoweth moved that the Board approve this request.
Motion seconded by Mr. Finch and passed unanimously.
, \
Chairman directed that Mr. Laursen list Mr. Kane's request on the January Agenda.
- 2 -
Civil Service Board Meeting
December 13. 1976
Attorney Scott related that. at the request of Mr. Bill Bryant' and the
International Association of Firefighters, Local 1158, the IAFF recommends to
the Civil Service Board that it consider the Hearing Officer concept advocated
in the proposed Merit System Ordinance.
5. Mr. Finch moved to deny a proposed change of Rule 14, Section 1 (1) as
recommended by Mr. Krause (Proposed change related to a provision for the
Buspen~ion of an employee charged with the commission of a felony or misdemeanor
involving moral turpitude, pending adjudication of th~ charge.) Seconded by
Mr. Chenoweth. Bob Clark, a representative of the Fraternal Order of Police
Lodge No. 10, spoke in favor of changing the Rule. Motion passed 4-1 with
Mr. Krause voting nay.
6. Mr. Chenoweth moved that the Board approve the request of Barbara Anne Malia
for Maternity Leave of Absence from 11-26-76 to 5-2-77. Seconded by Mr. Hatchett
and passed unanimously.
7. Mr. Chenoweth moved that the Board approve the reclassification of Kathy Wills
from Public Information Specialist, Range 49 in the Service and Information .
Division to that of Public Information Supervisor, Range 57 in accordance with
Rule 4, Section 7. Seconded by Mr. Hatchett and motion carried 4-1 with Mr. Finch
voting nay.
8. Mr. Chenoweth moved that the Board approve a title change of Purchasing Director
to that of Purchasing Officer. Seconded by Mr. Hatchett and motion carried
3-2 with Mr. Finch and Mr. Krause voting nay.
.9. Mr. Chenoweth moved that the Board approve the fallowing:
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a. Bi-Iateral transfer of David O. Keyser, Recreation Facilities Superintendent,
Range 68 to Recreation Superintendent, Range 68 in accordance with paragraph
(a), Section 11, Rule 8.
b. Placement of John Long, Assistant Recreation Facilities Superintendent,
Range 61, Step 5, $553.43 bi-weeltly in Step 8 (L-2) of Range 57, .$553.43
bi-weekly as Foreman II.
Seconded by Mr. Hatchett and motion carried unanimously.
10. Mr. Hatchett moved that the Board approve the Director's recommendations for merit
pay increases for Assistants to the Fersonnel Director (Mr. Harper, 7~%; Mrs. Chernick,
7%%; Mrs. Grant,5%; Mr. Fisher, 3%.) 'Seconded by Mr. Chenoweth and motion carried
unanimously.
Mr. Chenoweth moved the Director be granted the 6% across-the-board increase as
given all other City employees and also a five per cent merit increase, subject
. to approval of the City Manager. Seconded by Mr. Finch and motion passed
unanimous 1y . ' ,
111. Mr. Finch moved that the Board approve the recommendation of the Fire Chief and
Assistant City Manager for a five per cent meritorious pay increase for
- 3 -
Civil Service Board Meeting
December 13, 1976
Genevieve Berg, Secretary III, Fire Department effective 12-3-76 from Step 3
to Step 4. Seconded by Mr. Chenoweth and motion passed unanimously.
12. Mr. Chenoweth moved that the City Manager's request to establish th~ following
. additional positions within existing classifications be approved.
a. One (1) additional position within the classification of Laboratory Technician
Pay Range 45 for the Water Pollution Control Division of the Utilities
Department. (Approved City Commission 11-4-76; City Manager's Office
11-15-76.
b. Four (4) additional positions within the classification of Water Pollution
Control Attendant, Pay Range 30 for the Water Pollution Control Division of
the Utilities Department. (Approved City Connn1.ssion 11-4-76; City Manager's
Office 11-15-76.)
c. One (1) additional position of Construction Inspector II, Pay Range 57,
for the'Engineering Division, Public Works Department. (Approved City
Commission 11-18-76; City Manager's Office 11-19-76.)
d. One (1) additional position of Civil Engineer I, Pay Range 65, for the
Engineering Division of Public Works Department. (Approved City Commission
11~18-76; City Manager's Office 11-19-76.)
e.Two (2) positions of Construction Inspector I, Pay Range 47, for the
Engineering Division of Public Works Department. (Approved City Commission
11-18-76) City Manager's Office 11-19-76.)
f. One (1) position of Police Officer, Pay Range P-2, for the Administration
Division of the Police Department. (Approved City Commission 9-2-76; City
Manager's Office 11-12-76.)
g. Two (2) positions of Police Sergeant, Pay Range P-3, one in the Operations
Division and one in the Administration Division of the Police Department.
" (Approved City Commission 9-2-76; City Manager's Office 11-12-76.)
Seconded by Mr. Hatchett and motion passed unanimously.
Mr. Hatchett moved that the City Manager's request to establish one (1) position
of Heavy Equipment Operator) in Sanitation Division of the Utilities Department
be approved and that a promotional exam be given as recommended by E. J. Robinson,
Affirmative Action Officer of the City, subject to a letter from lie'. Robinson
relative to restricting said promotional exam to Sanitation Division personnel.
Seconded by Mr. Linder and motion passed unanimously.
13. Mr. Chenoweth moved that the Board approve the City Manager's request to establish
two positions of Mechanic II, Pay Range 54, in lieu of two positions of Mechanic I,
Pay Range 45. (City Commission approval reflected in Annual Operating and
Capital Improvement Program Budgets) 1976/77, Page 150 of Budget Document.
- 4 -
Civil Service Board Meeting
December 13, 1976
Subsequent specific approval not required as these are not new positions but
merely reflect an upgrading.)
14. Mr. Finch moved that the Board amend Section 10 of Rule 6 relating to veteran's
preference points to relate that veteran's preference points shall be awarded
consistent with Florida Statute, 295., Seconded by Mr. Chenoweth and motion
passed unanimously.
Mr. Chenoweth moved that all examination grades recorded subsequent to this date
shall be graded in accordance with Florida Statute 295. Seconded by Mr. Finch
and motion passed unanimously.
15. Mr. Hatchett moved that the Board approve the Director's request for approval
to proctor exams for Library Director, Planning Director and Purchasing Officer
for candidates outside of the Tampa Bay Area. Seconded by Mr. Chenoweth and
motion carried unanimously.
16. Mr. Chenoweth moved that the Board table indefinitely any consideration of
sending letters to U.S. Senators Stone and Chiles and Representative Young
relative to handling by Carlos Suarez of complaints against the Civil Service
Board. Seconded by Mr. Hatchett and motion passed unanimously.
17. Mr. Hatchett moved that the Board take no action at this time relative to
intervention in lawsuit and employment of attorney, (Reference: Order of Judge
Phillips and City Commission action on request of C.S.B. for funding for outside
attorney) as the Judge's order has not yet been documented in written form and
received by the City Commission. Seconded by Mr. Finch and motion passed
unanimously.
18. 'Mr. Chenoweth moved that the Board receive the report (memo) relative to City
Attorney and Assistant City Attorney appointments requested by Mr. Krause from
Mr. Whitehead, City Clerk. Seconded by Mr. Hatchett and motion carried
unanimously.
19. Mr. Finch moved that the Board approve the Director's request to remove the name
of A. .Holmes from the Eligibility List for Distribution Serviceman based on
findings as prescribed in Rule 6, Section 5 (3), (4) and (6). Motion seconded
by Mr. Chenoweth and carried unanimously.
The Board expressed to the Director their feelings in ans~er to questions he
posed as to whether (8) employees whose names are on a. Promotional Eligibility
List and who resign can have their name and score transferred to an Open
Eligibility List, and (b) employees in a probationary period who achieve
standing on an Open List can subsequently, upon being certified as a permanent
employee, be transferred to a promotional eligibility list. Consensus of the
Board.was that neither of the above were permissible or proper.
Dave Perez, of the F.O.P., disagreed with the Board's opinion relative to not
t~ansferring an employee's nsme and score from an open list to a promotional
.list after an employee was certified to permanent status.
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- 5 -
Civil Service Board Meeting
Docember 13, 1916
Director's Reports:
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Mr. Chenoweth moved the Board receive City Attorney's Legal Opinion - Pay Authorities
(clarification of authorities of Civil Service Board~ Clearwater Employocs'
Association, and the City in modifying contractcd pay rntes). Seconded by Mr. Hatchett
and motion passed unanimously.
Mr. Chenoweth moved that the Board receive the City Attorney's Legal 'Opinion on-
Application of Vacation Rule, that it be applied to the situation of Mrs. WaltheT,
and that the Personnel Director work with the City Attorney to revise the vacation
rule consistent with modern personnel practice. Seconded by Mr. llatchett and motion
passed unanimously.
Director distributed copies of Ordinance 1637 (Ethics Ordinance) to Board Members.
Mr. Chenoweth moved that the Board acknowledge receipt of the Ordinance. Seconded
by Mr. Hatchett and motion pa~sed unanimously. City Attorney Tom Bustin advised
members he would provide them with a written memo as to their coverage under the
Ordinance.
Mr. Chenoweth moved that the Board receive the City Attorney's Legal Opinion on
Voting Abstention. Seconded by Mr. Linder and passed unanimously.
Mr. Don Fisher, Training Officer, gave a condensed report of his activities for
the past three months.
Mr. Jeff Harper, Assistant Personnel Director, gave a report on the method and
procedure1utilized in developing content validity for police and fire examinations.
Other Board Action:
.Attorney Cary Singletary, representing Police Officer Thomas Mackey, asked the Board
to hear an appeal on Officer Mackey's ten day suspension. After ~~. Singletary's
presentation, Mr. Chenoweth moved that the Board deny the request as. it is not
within the authority of the Board to hear such appeals. Seconded by Mr. Hatchett
and motion passed 4-1 with Mr. Finch voting nay.
Director advised the Board that Mr. Kane had asked what date should be utilized in
determining'themerit increases of Vernon Washington, i.e., October 27, 1975 the date
he was retroactively promoted or the date that he actually started performing the job
of Equipment Operator II. Mr. Chenoweth moved that this question be placed on next
month's Agenda and that. the Director ask the City Attorney for an opinion. Seconded
by Mr. Hatchett and motion carried 4-1 with Mr. Finch voting nay.
Chairman asked for Board consideration of placing the Hearing Officer concept on
next'month's Agenda for the purpose of receiving input from City employees, the
'City administration and citi~ens. The consensus of the Board's feeling was that
this was not appropriate.
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- 6 -
Civil' Service Board Meeting
December 13. 1976
Citizens To Be Heard:
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., Mr. Groth suggested the City Attorney be seated with the Board at future meQtings.
Mrs. Mary Drew Kane advised the Board that the City employees had a large turn out
", at:'the recent City Commission meeting on the merit system proposal and that she
:. ". appreciated the Civil Service Board.
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:'." 'Mr. Hatchett. advised the Board that he was resigning and that a written resignation
:..wo,uld be forthcoining. .
. ."..:,' There, being no fuz:ther business J meeting was adjourned.
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