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03/01/1984 I,':' .: ...~.... . '7"" . ' ~ " , ;:,.: ,~c,.', ::,':,:'\':':"':,;.:.:',:'~'",:>"::<,",,:,,,,~,,:~:;':'~"<':"'::" }~>.~,',~,,"::', ~.:': r: ,":,...,'.~., ..~ ,'.' ,~: ~,'~~' ,~,<.:.~.;:.. :,"','~, ..... '. .: :':' ~',\!'..>,;,- ,'.' . ',,~ I: .:;.. I....;, .:'">C' ': ~, , ) . . . ~\ ,'" '1 . . \ " '. ' " , . " 'n ",'.', ',..., I .' " ~: . ~ ':...'.~ r ~~:~ ~.: '1'. :..., , , " .' ,- I' '~:' '" ." " " . ,'" . ., I ~,.., ".., : .;', ' .."', ' ' ," ' ,..:..1.:..:,.... '.+',~' .:.. <'~>d:.' ... CJ,:..~', ",c'.: " ..' ~.,'.,.::.,!~:~,',.,:,~,:'"C!,!,",::t"i,\.~:~~i .' .. ,.,~ '. ,',' " ":, ': ">": ' ',:..,',>:'." ,'~ ,: .:; ;' ," ., -,. '.. ( ,'.': 'j' ".:'; , ,:.~.~:,", c, ", '" ' , ' ' " " -I,. ~ . , . I . . I" ~', ,:.' , " " ,... ' . . " . , '", '.~...' ,: '::.,..;,_ ". . "l'd,. .,,:-~: .~1,.,,'''' ,'" "'. " ,/.;, "",'; '~>" ,:.' '..,. ,.,..' .'" ;" ''f';'':'" '"I.' .r;, ',:' ,," ',,:.; ","o'" '.,.. . . . . '. ',::::',; :.~.':, .:, :. ;~~ ';1;j!!\{J:;\:.1:'~':,'),~t,~~:.,>\;::. :{:., ;;\':,,' :':,'" ". .' ..' ~. "" { .'" ,. ,l ,.".' ' .' , '.' ., . . !,'. . . '. ".... '.:,'.... :, .... ':. ;': .'. . ....., .,. " .. ',.^/ ."., ,.'., " ,', ,.'.. 't, " 'i .<', :"::. . " .... .. ".. ' .. . '.' .'.,' ". ;'.: . ,," .' " .'.:.:". .:' "'. ". ':'~; '. ,:.; .:.:",., :', ':':- . ':, ',d ,Ii :..'('.'../ /; .., 'J',~" ",:, '." ,: . " . 111 .,,' ," . .. ',' ~ >,1.. .. ,~(r'~. ?:~~:~:.:. t.'. . II l't . , ',' .....(' . , ' , " , " IfI/ItI\ r:,,~,T1 ~ ~ t l' , L I, ( ~: '. j, (.' , ~~ . : ~ . " ...... ,c ~.' ';:. : ii, ' j-': t~. :',. ,'. , :1: ' 1'. .; <' ...'. ;, . ;" '. }(\ .,.' ::L,:~: '...,;, '.~ .. . tIT:,> -(;, . I " p} ;:l.~'..j/: " .\ . If-i' ':", :, . 'lff:!,i::, . ~ ,I, 'l" r ,. ~)Jij~;~ W~T~';::.:':,:: . f.~;:~.>:. " ,y,.\ \~"', ". ,',' ~~~~::.:. '. ll;)t C~ .r ~. .'. '.' ' r; ,:( , J{,~i{>')'~ . }j"1.A '.",," ~~~f;:;~{ . l'.:"\':,: '.:;t ;:.:, ::h:,~',:':<' ~ ,<: ,U,..,;, 'c' '" . .f~;";" r. t~. ".~ , " ~ '.'1' , '" ~;: , ' .:. ~ ~ ..' :' fA ~ : ~ ; .~, ~ ',' ":1' '. ~.' I'" 'l' : ~. " .... ,'- ;1 ~. . '~. :~ <: . .,'. '..1'. '~. ~,>;;;Li, ", I~ ~ '~ ~. IJ'i .~, ':, " Y'~J' 'J'\. ~, : ~'J{ -; '~., .; ,.,jf ~':, . . .'j. ,',1.,' ..~f':' ....., , ~ ~, .,... Y- ,.~ ,~'.: ):,~ ,,',: \'. , " , , . , " ! '.J " J / Proceedings of the Civil Service Board Meeting held Marcll 1, 1984 in the Personnel Office at 7:30 P.M. Present: Mrs. Helen Herman, Chairpe.rson Mr. Tom Chenoweth. Member Mrs. Mary D. Kane, Member Mr. Nugent Walsh, Member Absent: Louis Hosch. Member Frank Kowalski, Chief Aast. City Atty. H. Michael Laursen, Personnel Director Jane Craig, Secretary Visitors: R. M. Brumback, Utilities Cecil Henderson. Utilities Mary McCann, C.W.A. Representative Steven R. Greenberg, Attorney Donald C. Geeek R. H. Kuykendall Chairperson Herman called meeting to order. Chairperson opened the meeting for discussion relative to Case No. 83-3806 and the Order of Hearing Officer K. N. Ayers, State of Florida, Division of Administrative Hearings (City of Clearwater, Petitioner, vs. Donald C. Geeek, Respondent). Member Mary Kane related that she felt this case should not have gone to the Hearing Officer as it should have been considered an employee grievance (under Rule 15) over being dismissed from his job. She expressed concern as to the denial of a request for a .delay in the Hearing which was made by Mr. Greenberg, Attorney for Mr. Geeck, by the Hearing Officer. The Hearing was held and. as Board Member's were not aware of the date, they were not able to be in attendance and did not have an opportunity to hear both sides of the case. The Director and Mr. Greenberg both spoke in relation to whether 11r. Geeck was provided the, option to delay the Hearing pending the receipt of a Legal Opinion from the City Attorney's Office as to appropriate appeal process or whether to proceed with the process before 'a Hearing Officer as had been initiated. Member Nugent Walsh expressed his concern as to the meaning of the language in Section 25.05 of the Clearwater Code which relates that the Board appoints a Hearing Officer. He noted that the Legal Opinion which was provided pre-dates the effectivensss of the words 'that there shall be a Hearing Officer appointed by the Board. Mrs. Herman and Mr. Walsh discussed the mure recent up-date of that Legal Opinion. Mr. Walsh then summarized that, if the Board is going to hear the appeal (that has now reached the Board). then it may reject or modify the conclusions of law or interpreta- tions of the Hearing Officer. He then reviewed the authorities referenced in the Hearing Officer's Order beginning with Civil Service Rule 14, Section 1 (Causes for Demotion, Suspension or Dismissal). paragraph (r) and proceeding on to Civil Service 'Rule 13, 'Section 2 (h) and (i). He noted that Rule 13. Section 2 (i) provides that use of sick leave other than as designated within the Rule will be considered a major rule infraction to be followed by disciplinary action up to and including dismissal. He related that nowhere in the Findings is there any indication that Mr. Geeck had abused sick leave more than the one time~ He questioned terminating an employee. of some three ., ' ;\f" ~ ,\,1 : . . , .<,....< .: ',1 '. ". . J ..\i.',nll ::: :"~' ... .' .. ' ..\;:.. ..' ,. I , ./' I ,~ ' "'. ...., ~, '. t " ~ . '" ,,". ~.). > c :\., ',. ~'~ t " :. + . ~ c I! < .. ~ 1'+ C , . .,:. ,~ ". ',.. J ~, -,.J' '''': '.... 1\ ~ ". '. :." ,;.'~. '~" ' . ' '" ': . ",: ", I ~':"" ",!:.,.,~,"" )< <';:,':" ,.\,.,,; ..;,,:':,:'.,;,;:?,;;}fl::i~;';~:::~<'\,:~!:;i,:,;:~ ,: .,'... ".:' I ',' , ''', \, C. 'I .... oil' ~ ,..,\~t; '," i,~:?f: ' ~ i~' . <~ '. j. . ,'" . ,.. ~. . ,I \ .~ :,\ .::1 '~/>':':' ~~.~-I/": : <, ~\.:: . ) ,"'.~ ' , , j. i"i;;, ',,:, .. ... ~. . l , ., ". ~. + :. ,.', ." " ::+:' . {:'" ,- . . '" ,... :~. '. . ~'" + 'n' " ,". -;. ;.,' ~ . . ~ ~ .,~, ~~ _' . :. ,; I!, : '., (,..,:. . ~1 :'~.', . <. .. > c' ~ :....; + ~, > ~:'i\'~') fU{;.,,;( . ,l"n" ..' ?' . .;, i; '.~:: '-> '. :: !~iJ:,; .' , r"', ,,'.,, '. S:i::{ . '. ":(,: ': k';,';'" f'~';' .... t" '. J .:~". ' &~~; .~~'.~. .~>. . i~\'~! . L")'- .(::\:~,j:'" :~.\:~~ >:'.~' c' . .t'~.:: ~ . . ~.. 'c ~;,}::.;,;,:':; I', 'I'"' ';" ' ~L,'~::',:':' .: Z~~\ :: .,' ;;':~.~~:'.~ c l?i}.. '~: " ..... c ~r::~. "" .:(,~ .:... . c i~:~ '," t'.: ",: r i. ~::; "; c~~~, .t:,..,~', , t\(H: ~.~~. .C:, ":, :: t'.i." .'.:' ~ , : - 2 - Civil Service Board Meeting March 1, 1984 or four years over a (single) infraction. He stated that he saw nothing in the pages of findings that would justify taking away the. employee's livelihood. He further questioned the inclusion of findings which do not relate to charges ~hich were brought in the dismissal. Mrs. Herman asked the Director to explain the Guidelines for Disciplinary Action. Director noted that the Guidelines are divided into levuls of infractions with Level 1 infractions being minor and reBulting in warnings for n first infraction with more serious actions provided for continuing infractions. (Guidelines were referenced in the Rearing Officer's Order on Page 6). Some infractions (Level 5) are deemed warranting dismissal on first occurrence and it was noted that knowingly making fnlse claims to obtain sick leave benefits was in the City's LevelS Guidelines. Mr. Walsh noted that the Guidelines ! for Disciplinary Action are guidelines and reaffirmed that the dismissal was for the one incident. Mr. Walsh requested that the Director provide to the members who must review Orders or other materials, the relevant portions of the documents which are applicable to the case before the Board. Mr~ Walsh.moved that'the Board. reject' the Hea~ing Cffice~'s Conclusions, Interpretations and Recommendations that the action of the City of Clearwater City ~mnager in dismissing Mr. Geeck from his position as Customer Service Supervisor in the Utilities Department be approved and this appeal dismissed and further moved that he be reinstated with back pay. Motion was seconded by Mary Drew Kane. Chairman expressed a concern that chis represented two motions~ Director asked that the motion be re- stated for the record. Mr. Walsh moved that we reject the Conclusions, Interpretations~ and Recommendations of the Rearing Officer, State of Florida, Division of Administrative Hearings, Case No. 83-3806, City of Clearwater vs. Donald C. Geeck. Motion was seconded by Mary Drew Kane. Motion failed to pass on a '2 - 2 vote as follows: Mr. l~alsh and Mrs. Kane in favor; Mr. Chenoweth and Mrs. Herman against. ' After a brief discussion as to the nature of the second part of the original motion offered by Mr. Walsh, the motion waS withdrawn and the second was withdrawn. Mrs. Kane moved that, since this is his first offense and that he was notified on September 26th that he would be fired and he never received Notice of Dismissal until November l4~ he has been persecuted for two months not knowing what would happen, that we modify the Hearing Officer's decision to a thirty (30) day suspension and the time he has been off the job be counted towards the number of days of the suspension. Motion was seconded by Mr. Walsh. Motion failed to pass on a 2 - 2 vote as follows: Mrs. Kane and Mr. Walsh in favor; Mr. Chenoweth and Mrs. Herman against. During discussion of the motion, Director advised members of the Affirmative Accion Officer revieloT process which is a pre-review of the matter in an effort to Le fair to the employee. This causes a delay in disciplinary action but is preferable to premature discipline being effected against an employee. Mr. Walsh moved that we reject the Administrative Order and that pursuant to the Clear- water Code that the Civil Service Board determine from a review of the complete record~ the decision to be made on this. Motion was seconded by Mary Drew Kane ~!~ ni' ~,;' '~}:,~l-':;~\ . ""i ~. , ;~ ~,( , ~~ ii.\ ,', ':! '., , " .~:~. )' :,::.Q' ! ~ . '..' . !' .- t<' :'.' , 1'., ",I.; ~~~<: ' ~;,R:', ? . ,'. ", 'f:r,~./; ~ g~t':. 1,-' ~t' " ~I:~; (';': " "~'\~""" lo,.,..., "' ~j~'~','Y , h"~~1-:')' . .I~,' ~\~, ", .fit/iF, " t.<'J.':' { ',::i'f:; , f"'~, . ,~jEt..".,,::.: ~'''<l' .,', :;ltT~~F~ ". ',' ~tf f.!;';' c' ", .~~f<\, : ',\110;:, IF.....J r' '.' (;~' '.'" .".' '~2il/' ;1,: ,~~ ,~.o:;~~~ ~.'.; o' .t,.\t::'.~ ,';<' ~~It.;i:::~-,,/,: . fu~'U~,.'c J.:':"; 'W:~\,/;,::~'Itl was noted that the next regular meeting of the Board is scheduled for March 19, 1984. .~fff:jr~ ~:~:e:~~~::s e;~~::e~~ employees to be heard on iasues other than the Geeek Cese, '1\ .~ ~,~~ ~ i. \': l'];f:>',,':, ,": {~:,;,~ " ' '~~;';'~'~~"" :> ~~i.~'.. ' ~l~::',;~ .f:~j :lr' ,.. " t:,:~rt ;::< . ~ I i.t '.' I.. . ~r~ :1;: ';" ,.:. :ll.'i::: . ..~'~_~J...:, ":~'i;:.\,,~~ ~,:\ ,,~,.t/;.:,;,>, , ~~!ff~i . ~"T~, ':". "~I' '~!~{t~~~:~::: '.j~ r.;; .1"' ~' : \' I', ,., ~,*'. , , r c.' ,'., .. ~, ~ ..; : : ,.' ",,' r'.'.' lj,/, ~. ~~ rI ;,I;",~~ ; , , t, r.. I ," .t.::~~ ....l \.~~~ "1/.( "Y:.; ,.", . '\".-,- r:t.r: ,f\', c, ;~~:~i~ ~;J.1' : j T ~ \ [ , :X":" ,", , f<~ ' ,-""'j f~,~'~~; ~'.r." ..\~ :,\., ....p. .lr; ,4'\\ ,'. ' i';':' ,,' ,\ \\'. CI" , . ," ''ic ,: ':J ':..:~ . r'~~'.: . ;~.':: ~. ~'::. '"r' . ~':(I.'" ~ '. " ,r.':::' ..,~ .':.; I;~::t! +'Li:.::.. I;:,:. " , '>, 11 ..,;;, ,~, .' ..\'. .~ ,'r . t .' .. {.. : i~ . . . '\ .....~.......l. "'j" ; , .' ~.. . ,j! ":" ~~,;;, ".': . ....:,. ; ~ :'" . ': 'j " .,....-. " ' - 3 - II Civil Service Board Meeting Hnr,zh 1. 1984 Chairman as~ed Mr. Kowalski to provide the Board with an idea of what a review of the complete records means. Mr. Kowalski first recounted that he could not act as the Board's legal advisor at this meeting in that he represented the City Manager in the Geeck Hear- ing. lIe did. however, relate that a review of the complete record would mean th'at each member would have to separately listen to the entire tape of the Hearing and to separately review each of the eleven (11) documents placed in evidence at the Hearing. Members would then review the factual findings of the Hearing Officer~ but would be bound,to accept any findings which have a factual basis in the record (even if members disagreed with the findings). TIle only findings of ~act that could be rejected would be those that have no substantial competent evidence as their basis in the record. Where there is any conflicting evidence on a point, members must accept the judgment of the Hearing Officer and may not substitute their own judgment. Chairman called for a vote on, the motion. Motion failed on a 2 - 2 vote, as follows: Mr. Walsh and Mrs. Kane in favor; Mr. Chenoweth and Mrs. Herman against., Mr. Walsh moved that we reject the Administrative Order and ita Recommendations, that Mr. Geeck not be dismissed and be reinstated within five (5) days; and that as a penalty for the infraction' that no back pay be allowed. Motion seconded by Mary Drew Kane. Motion passed on a :3 ~ 1 vote, as follows:, Mr. Walsh, Mrs. Kane. and Mrs. Herman in favor, Mr. Chenoweth against. Mrs. Herman asked that the Director have all members called on the day of the meeting for all future m~etingB. Mr. Walsh indicated that Special Meetings should be called when things come up fpr t4e City'or the employee and the Board would be glad to take the time to have such meetings. "I . Respectfully ~--; Personnel Director d II 'i", " ,\ , ..,. . ,I , '. . :..' ::.:,,::,';.:I,q ~. . . ,n , :>' ,'. ':"'~:":~<,'>;<';:; '~/; :~::,..:>:;,: ';:',"::; i//. :-:;~":l . . ~ .' . , '. " ~. . c . " ", ,~:'H;~;,':'-:":::".' '::::' .' ,/<"~)::)':,<:~', ,,<:,.:::.i~. , ';tll:;~ . ::' ~ "~;' f ,: ' I .' . '" , ' ~.. ,',,'1.,' ," :~ " .:.,. .. ~ T; :.. . c q' " '"~ .' . ,..:; '~.?, ;';" .... ~>:. :'~!/" , '" :"j < \' : ~ -I ~, I ,~, ~ '.,1 ; , .' , ~p .., ,~ I ~, .; . . ::. '. '.' l' ",:<,',: :::'..:..,:>~I':'<';':. : " . '..~ ,:: "~ '''':'~: ..'I h. . I } ~Cf' " ' ~ 'I ~ .' . ,~. .' "I.;,'.c~~, ...~;,;.~:' '~,~'.;;~' I....,.~.. . ~~ ~"..:I .oJ): ;" C7'.. " "j.' . ,.,1 .j,:":, ",l,,!'" :,.'>",;.,: <.'~ , . ',',' .' 11 1" ," '"" ",., ' ;'f~:,?i::~};~+;?:;::\":': ': "h . 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