10/20/1982
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Proceedings of the Civil Service Board meeting held Wednesday, October 20, 1982.
Members presentt Helen Herman, Tom Chenoweth, Mary Drew Kane
Members absent: Alex D. Finch, Jeanne Wilder
Helen Herman agreed to serve 8S Acting Chairman in the absence of Mrs. Wilder.
Chairman called meeting to order.
Minutes were amended to reflect that Mary Drew Kane was in attendance at the last
meeting. With this amendment, Mr. Chenoweth moved that the Ninutes of the meeting of
June 15, 1962 be approved. Seconded by Mrs. Kane and motion carried.
. .'. . ~
Chairman asked Mrs. Rios to explain to the Board her concern (Agenda Item No.2).
Mrs. Rios summarized her employment experience with the Clearwater Library for the
Board. She worked at the Northeast Branch Library and during the earlier portion of
her employment (date employed was 5-11-61) was very satisfied with her work situation.
Subsequently~ the staffing and work schedule changed and she felt more pressure in her
job. There was less staff and increased use by patrons. She discussed the possibility
of a transfer with another Library employee working at another Branch and then visited
the Affirmative Action Officer relative to this possibility. She also discussed other
matters with him relative to job concerns. It was suggested by the Affirmative Action
Officer that she discuss transfer possibilities with her Department Director. The next
day she was given a Counseling Form by her immediate Supervisor who told her that she
had to sign the form. It indicated that she had been discourteous and deficient in
filing tasks. On July 15, 1982 she met with her Department Director and gave her a
letter of resignationt dated July 13, 1982t while at the same tiIne asking for a transfer.
She was told a transfer could not be accommodated at that time. On July 28, 1962 she
requested that the resignation be withdrawn but this request was denied, without reasons
given, as shown in a letter from the Personnel Director dated August 18, 1962. She
, ~stated that she had been discriminated against; that the Personnel Department had not
referred her for Library positions since she resigned; that black and CETA workers in
'the Library were not disciplined as should have occurred; and that the Affirmative Action
Officer was unavailable to her on numerous efforts she made to contact him.
Linda }lielke, Library Director, advised the Board that she met with Mrs. Rios on
July 15, 1982 and explained to her that if she would remain in the Northeast Library
perhaps a transfer could be accommodated within a couple of months. At this meeting
Mrs. Rios gave her a previously prepared letter of resignation. She asked Mrs. Rios
if she wished to reconsider her resignation, but Mrs. Rios decided it should stand.
Accordingly, Mrs. Rios and Mrs. Mielke jointly agreed upon an effective date for the
resignation. Latert when she received a letter from Mrs. Rios requesting that her
resignation be withdrawn, it was denied.
Mrs. Rios' immediate Supervisor, Christine Morris, also spoke to the Board. She
indicated that she felt she had not ever discriminated against any employee and that
she sat down with Mrs. Rios when she gave her the Counseling Form relative to dis-
courteousness and filing, explaining to her that she;was required to sign the form.
The Affirmative Action Officer, Mr. E. J. Robinson, advised the Board that he had
met with Mrs. Rioa as she indicated in her presentation and had advised her to discuss
transfer with her Department Director. He further noted that he is frequently out of
his office working with City employees and is aVUilable to an employee if they indicate
a need to see him.
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Civil Service Board Meeting
October 20t 1982
Mr. Chenoweth stated that the letter to the Board from Mrs. Rios said, "I am request-
ing a hearing before the Board as to why I was forced to resign.1I Since the discussion
reflected that Mrs. Mielke offered to let her stay on for severnl months to see if
a transfer could be worked outt then it seemed questionable as to why the Board was
involved. Mrs. Herman noted that the Board did not appear to have jurisdiction over
the matter.
Personnel DirectoX' noted that the CWA Contrnct (collective bargaining contract between
the Communications Workers of America and the City of Clearwater) requires that
employees sign all written counseling or reprimand forms, etc. to insure that an
employee is aware of the existence of such document. He further noted that Civil
Service Rules provide an employee the opportunity to request to withdraw a resignation
but also grants management the right to accept or reject such request. He also
explained that the annual performance evaluation for Mrs. Rios, at the one year review
period, rated her as a satisfactory employee over-allt but within the area of filing
rated her as improvement needed.
Mary Drew Kane moved that the Board request an opinion from the Attorney as to whether
the Board has jurisdiction to approve an employee's request to withdraw a resignation
and,that the employee be placed on the Eligible List for further employment. There
being no second; motion died. Mary Drew Kane requested that the Director ask the
, Attorney for a legal opinion as to Rule 16, withdrawal of resignation, and' whether the
City must give reasons to an employee for rejecting such a request.
Tom Chenoweth indicated that he felt the Board had given Mrs. Rios the opportunity to
address her concern that she had been forced to resign and that no further action on
the part of the Board was appropriate. Mr. Wells, a guest observer, asked to speak.
He stated that he felt from hearing the discussion that Mrs. Rios had been forced to
resign.
There being no further discussion, Mrs. Rios thanked the Board for their time and
attention.
Mr. Worley Cagle, Sanitation Driver, Utilities Departmentt was recognized. He spoke
to the Board relative to several concerns. He indicated that several employees in
the Sanitation Division had been upgraded, some several times, without ever having
, to take an examination. He desired to be treated in the same manner. He also related
that, he had some concerns as to operational requirements recently mandated on front-end
driv.ers through 'a memo by their Foreman.
Director indicated that those employees upgraded without examination have been re-
classified in accordance with Civil Service Rules and/or Contract provisions. The
most recent assignment of Mr. Pearson as Assistant Sanitation Superintendent was an
"Acting" appointment consistent with City rules and contract and that the position
would soon be advertised on a competitive basis. At such time, Mr. Cagle may apply
as may other candidates. The Personnel Department is currently in the process of
developing the selection process. He suggested that operational concerns -- such as
having to grease the trucks three times per week - should be addres~ed within the
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Civil Service Board Meeting
October 20, 1982
department and not by the Board.
Mr~ ,Cecil' Henderson, Utilities Director,
, ' the employee, that
to Mr. Cagle.,
He
indicated
to meet directly, with
nre operational in nature.
that he would be glad to ask
Mr. Cagle to discdss ~
This was agreeable, to
'.'i.
There being no further action required, the meeting was adjourned.
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