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Proceedings of the Civil Service Board Meeting held March 19, 1984.
Present: Helen Herman, Chairperson
Tom Chenoweth, Member
Nary D. Kane, Member
Nugent Walsh, Member
Louis Hosch, Member
H. M. Laursen, Personnel Director
Jeff Harper, Asst. tPersonnel Director
Jane Craig, Secretary to Personnel Director
Visitors: William Symons
Gerald Weimer
Bob Brumback and Mrs. Brumback
Donald Geeck
Jean Cesta
Alice Bush
Gretchen Bush
Mary McCann
Chairperson Helen Herman called the meeting to order.
Tom'Chenoweth moved that the Minutes of the Civil Service Board's regular meeting of
January 16~1984 be approved. Seconded by Mary Drew Kane. Motion passed
unanimously.
Tom Chenoweth moved that the Minutes of the Civil Service Board's special meeting of
March' I, .1984 be approved. Seconded by Nugent Walsh and motion carried unanimously.
Director reviewed the proposed addition to Rule 8. Section 11 of the Civil Service
Rules & Regulations which is intended to insure that persons employed in grant-funded
(time limited) positions are not converted into career service positions without
regular competitive procedures being followed. Director proposed the addition of sub-
paragraph "e" to Section 1 of Rule 8~ reading as follows:
"No individual who was appointed to a position funded by a public
'01' private grant, whether local, state or federal, shall be trans-
ferred or otherwise appointed to the snme or similar non-grant funded
position within the classifi.ed career service without full competitive
processes.
Where a previously developed Eligibility List exists for the position
to be filled, only the top five (5) score group candidates shall be
certified for the non-grant funded position."
Board 'Members and the Director discussed the proposal and several related topics were
covered 'including the meaning of I1top five score groups,1I who can take open exams,
'who can take promotional exams, and how many persons are employed in g~ant-funded
positions. Two amendments to the wording of the proposal were made by members.
Helen Herman suggested that the rule be stated in positive rather than negative terms
(to read "An individual who was appointed to a pOsition....shall not be transferred
or otherwise appointed to the same or similar non-grant funded position....").
Tom Chenowe~h suggested that in relation to the nature of the grants the rule rend
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- 2 -
Civil Service Board Meeting
M.'lrch 19. 1984
11.....funded by a public grant -- locnl, state, or federal -- or by n private grant.
shall be transferred or otherwise appointed...... Nugent Walsh intluired as to whether
the proposal would be inconsistent with Section 25.02 of the Code which provides
that the career civil service shn11 be a permanent service with specified exceptions.
one being "persons serving in positions fumlEid in whole or in port by United Statea
government manpower assistance programs." Director indicated he felt it would be
consistent with the intent of the exception. although he r:ould see Some questions
because of the wording "United States government" -- docs that mean Federal and exclude
State? He indicated that he felt it should be broadly interpreted to include all grants,
whether public or private. In response to a question from Mr. Gerald Weimer, it was
noted that a person in a grant-funded position could compete for a regular position
for which he/ahe met the requisite qualification requirements os could any other non-
employee candidate on an open competitive examination.
Tom Chenoweth moved that the proposed addition to Rule 8. Section 11. as aillended by
Helen Herman and his suggestions. be approved. Seconded by Nary Drew Kane. Motion
passed unanimously. (Rule 8. Section 11, (e) is proposed to read as follows: "An
individual who was appointed to a position funded by a public grant -- local. state or
federal -- or by a private grant, shall not be transferred or otherwise appointed to the
same or similar non-grant funded position within the classified career service without
full competitive processes. Where a previously developed Eligibility List exists for the
position to be filled, only the top five (5) score group candidates shall be certified
for the non-grant funded position.")
Nugent Walsh, noting that the City had filed a Notice of Administrative Appeal. and that
the Board would not meet again for two months. moved that the City Commission appoint
independent legal counsel to represent the Civil Service Board in the City appealing
our decision to reinstate Mr. Gecck with no back pay. Motion was seconded by
'Mary Drew Kane. Mr. Walsh explained that the motion is consistent with provisions of
Section 25.04 of the Code which provides that upon request. the City Commission, may in
its discretion. provide such counsel. He noted that Mr. Kowalski had previously advised
. the Board that he could not represent or advise the Board relative to the Geeck case in
that he represented the City Manager. The purpose of the motion is to request indepen-
dent legal counsel to represent the 'Board's position in this case only. The City will
have counsel. the employee may have counsel, and perhaps the Division of Administrative
Hearing might have counsel. Independent counsel for the Board would represent its
position in this matter. Motion passed on a 4 to 1 vote (Favor: Herman, Kane. Walsh,
Hosch; Against: Chenoweth).
Members noted that the request for independent legal counsel was only for the appeal
in the Geeck case and that the Board is satisfied with the legal representation.which
has been. provided to it under ordinary conditions.
Board Members and Director discussed Ordinance No. 1831 (Section 25 of City Code)
relative to areas where interpretations differ and how to clarify such areas so that
all parties understand procedures to be followed. Director noted that. at various
times with varying members. the Board has questioned the method for the appointment
of a Hearing\'Officer. He noted that although Mr. Kowalski has rendered an opinion
on the method of appointment of a Hearing Officer, the concern of Board Members has
not been eliminated.
Chairperson Helen Herman stated that the Ordinance seemed to contradict itself. She
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- :3 -
Civil Service Board Meeting
March 19. 1984
noted that where two procedures arc provided. the first should be the preferred
method. Director rolated chat it appeared there were three views that might be
expressed regarding this matter. First. it could be considered contradictory.
Second, it could be considered as providing two options on an either-or basis.
Third, it gives two methods by which nn appointment of n Hearing Officer could be
made with the first method intended to be primary.
Mary Drew Kane related she felt that employees should not have to bear the expense of
attorneys and if they could come to the Board rather than go before a Rear.ing Officer,
they could save considerable expense. She also questioned the fact that all of the
Hearing Officers in the past several yeara were the same individual; if a Hearing
Officer is to be utilized. the Board should select onc from among five names according
to the Ordinance.
Following additional discussion. Mr. Weimer was recognized by the Chair.
the Board might want to consider requesting the Legal Department to take
to the Attorney General of the State of Florida.
He suggested
the questions
Nugent Wa~s~ stated that an Attorney General's opinion may shed some light on this
mattet;.. He related' that there is an apparent ambiguity in the law and this will
ultimately be decided by a court of law. He expressed agreement with the position
that the procedure listed first should be primary; however. if the City Commission
provided five names for the Board to select a Hearing Officer, then the hurdle (ambiguity)
is overcome.'
In response to a question from Tom Chenoweth. Director advised that the State Division of
, Administrative Hearings assigns a Hearing Officer when a need is communicated to them
by. the City. This appears to be consistent with the third sentence in Section 25.04
(8) .
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Helen Herman suggested that perhaps local arbicration services could be utilized rather
th.an th.e Hearing Officer. It was indicated that while this might be a helpful method~
it was not consistent with the Ordinance.
Following discussion on several topics including the process of appointment of the
Hearing Officer. who (the City, employee, and public) is represented by the Hearing
Officer. and the previously rendered legal opinion of Mr.. Kowalski, it was indicated
by Louis Hosch that he liked Mr. Weimer's suggestion to request an opinion via a
communication to the Attorney General.
Louis Hosch moved that such a communication be dispatched to the Attorney General from
the appropriate source here in the City government with a delineation of the reason
for our request in terms of the ambiguities that have arisen in recent deliberations.
Seconded by Tom Chenoweth and motion passed unanimously.
Mary Drew Kane raised the issue of confidential employees receiving 8% while CWA
employees received 6%. She asked if there had been any settlement with the Union on
this matter and if the Public Employee Relations Commission (PERC) had made any ruling.
She expressed concerns as to the designation of some employees being designated
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- 4 -
Civil Service Boord Heating
Harth 19, 1984
confidential (in tile Personnel Department) and others not (in other departments)
although they were in the snme job class. Director explained tllat the criteria for
designating a position Be confident,ial came from State low, not from their job
classification.
Mary McCann, Secretary of the CWA Union, related to the Board that a meeting of the
Union and City had occurred und that the Union had reviewed the City's list of
confidential employees and rejected about 35 names on the list. It directed the City
to submit n new list by the 1st of May to PERC. She related that PERC would then hold
a hearing on that list and a ruling would be made as to each name and whether it would
be accepted as confidential.
Bill Symons, Engineering Division employee, raised several questions to the Board,
including whether it was known that the Commission approved the increases via their
Consent Agenda. He also questioned the fact that the Commission approved $153,000
for this (8% wage increase), and if you divide that amount by the 59 employees on the
list (of confidential employees), it appears that each person received an average of
$2600 per year increase. If that represents 8%, each person was already making over
'$32,000 per year. He further related that the same "cost of living" considerations
applied to him as to those who received the 8% increase.
In responding to the questions, Director related that the list of classifications
within the employee Union bargaining unit was certified ten years ago. Some of the
classes represented on the City's list of confidential employees are not in the PERC
certification; others are. At the same time, the Union is probably receiving dues
deductions from employees whose classifications are not on the PERC list because they
didn't exist when the PERC certification was made ten years ago. He noted that the
list. should be updated.
Bill Symons asked if a Hearing Officer could be used to settle the issue on how one
list was developed for an 8% raise and one for a 6% raise. Nugent Walsh suggested that
the wage issue concern might be an appropriate Agenda Item. He expressed appreciation
to Mr. Symons for bringing to the Board the fact that a select few had divided up
$153,000. He indicated that an appropriate forum might be the press which had
apparently missed this because the increases were on a Consent Agenda. In response to
a question from Mr. Walsh, Director advised that Civil Service Board Meeting Notices
were distributed to the local news media.
Alice Bush, Engineering Division employee, related that the real question was not
the City's current list of confidential employees and that some of these might be
removed from that list, but there would still remain some employees who got an 8%
increase. Mr. Walsh indicated that it appeared some employees were in a never~ever
land in that they are represented by a "Union," yet they are not members of that Union
and the shots are being called by the Union. However, he related that the Civil
Service Board also tries to look after the employees and the Board must try to be
responsive to the best of its ability to what they can be responsible for.
Louis Hosch asked if it would he appropriate to explore the'issues involved and
have it placed on the Agenda for the Board's next meeting. It was noted by the
Director that the City Manager and the Legal Department had both previously responded
to the Board relative to their positions on the wage issue. He also noted that the
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Civil Service Board Meeting
Murch 19, 1984
$153.000 allocated for the 8% wage increase not only went to confidential employees
but to a large cruul' of professional-managerial employees, thus the amount of annual
increase for eaeh was not the amount previously discussed.
Louis Hosch moved for placement of the 6%-8% wage issue to be placed on the Agenda
for the next meeting for exploration. Seconded by Mary Drew Kane and motion passed
4 - 1. (Favor: Herman~ Walsh~ Kane. Hosch; Against: Chenoweth.)
Members discussed the forthcoming election for the Civil Service Board. Election
will be conducted on April 10, 1984 by the City Clerk's office.
Nugent Walsh read the following to the Board:
. "Order. On March 1, 1984, at a Special Session, this Board reviewed the Order dated
March l4~ 1984 by K. N. Ayres~ Hearing Officer, Division of Administrative Hearings,
State of Florida~ recommending the dismissal of Donald C. Gaeek by the Clearwater City
Manager be approved. On Board review and discussion of the Hearing Officer's Order~
the Board~ agreeing with the Hearing Officer among other things that Donald C. Geeck
was terminated and dismissed for violation of Rule 14, Section 1 (r), Rule 13,
Section 2 and the related City of Clearwater Guidelines for Disciplinary Action, that
Donald Geeck's one day, September 26, 1983 abuse of sick leave, and pursuant to
Chapter 25 of the Civil Service Administation, that the penalty be consistent therewith,
it is Ordered that Donald C. Geeek's dismissal not be sustained, that he be returned
to his former position within five days and that he receive no back pay from the
period from his dismissal to the reinstatement as provided by this Order. Motion by
Nugent Walsh; seconded by Mary Drew Kane. Passed by Board Members Mrs. Helen Herman~
Mrs. Mary Drew'Kane, and Nugent N. Walsh. Opposed by Mr. Torn Chenoweth. Absent and
not voting Louis Hoscll. Dated this March 19, 1984 and confirming the Board's action
on March 1, 1984." He noted that this conforms to the minutes. Helen Herman indicated
sbe understood the concern of Mr. Walsh that the correspondence forwarded to the City
Manager by the Director did not reflect the specific language of the motion (which
is properly worded in the minutes) which was the Board's Order. Upon discussion~ it
was determined .that the Order of the Board should be the exact motion that was passed.
Director concurred. No further action was proposed.
There being no further business or citizens or employees to be heard, meeting adjourned.
ed~ .
t~
H. M.' Laurse
Personnel Director and Secretary
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