05/14/1980i
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Proceedings of the Civil Service Board meeting held May 14, 1980.
Members present: Jeanne Wilder, Tom Chenoweth, Helen Herman, Alex D. Finch
and Mary D. Kane
Others present: Gloria Bargees, employee, and her Attorney Kenneth Sunne
f Keith Crawford, Traffic Engineering Director
Lucile Allen, Secretary to Traffic Engineer
Chief Asst. City Attorney Frank Kowalski
Asst. City Attorney Rick Griesinger
Guests: Don Meeriams
E. J. Robinson
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The Civil Service board met in session on Wednesday, May 14, 1980 at 1:30 P.M. in the
Personnel Department, City Hall, Clearwater, for the purpose of hearing a Grievance
submitted by Mrs. Gloria Burgess, Clerk Typist II, in the Traffic Engineering Depart-
ment.
Chairman called the meeting to order and initiated discussion as to whether a formal
or informal process should be adhered to during the meeting. After some preliminary
discussion, Mr. Finch moved to invoke the witness rule. Motion was seconded by
Mary Kane. Kenneth Sunne, Attorney for the employee, voiced concurrence with the
motion whereas Richard Griesinger, Attorney for the City, objected to the adoption of
the rule. Motion carried 4 - 1 with Mr. Chenoweth voting nay.
Frank Kowalski, Chief Assistant City Attorney, advised the Board that in accordance
with Civil Service Rule 15, Section 1, sub-section (e), the question of whether the
decision of the Appointing Authority in hearing the employee's grievance was discrimini-
tory and/or capricious was the issue to be determined. The employee's grievance
requests removal of a memo from her personnel file and alleges harrassment by her
Department Director. Mr. Chenoweth asked if the Board had the right to remove a
document from an employee's file. Following discussion of this question, Mr. Chenoweth
moved to deny that aspect of the employee's grievance relating to removal of the memo
from her personnel file. Mr. Sunne stated that the employee would withdraw that
particular request at this time. Based on the withdrawal of the request, the motion
died for lack of second.
Mr. Sunne noted that the memo of February 13 is not titled Reprimand, but that is what
it'appears to be in fact and that all sick leave used by employee was approved, He
indicated that if the memo is not a reprimand, the City should put another document
in the employee's file saying it is not. Following the removal of potential witnesses
from the room, Mr. Griesinger indicated that the City would put a memo in the file
stating that the memo of February 13 was not a reprimand to the employee.. Following
discussion, Mr. Chenoweth moved that the Board approve the agreement between the
parties that Mr. Crawford will place a document in the employee's file stating that
the.February 13 memo is not a Reprimand, this document to be signed by the Traffic
Engineering Director and the City Manager. Motion was seconded by Helen Herman and
passed on a 5 - 0 vote.
There being no further discussion or requested action by the emplo ee, the meeting
was adjourned. L
Approved:
Jeanne Wilder, Cha rman
Res ectfully u mi ted,
H. M. L rse
Personnel D rector & Secretary