05/21/1984
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Proceedings of Civil Service Board Meeting held May 21. 1984
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Present:
Helen Herman, Chairperson
Tom Chenoweth, Member
Louis Hosch, Nember
Mary Kane, Member
Nugent Walsh. Member
Mike Laursent Personnel Director
Jane Craig, Secretary to Personnel Director
Jeff Harper, Asst. Personnel Director
Visitors:
Jean Cesta. Engineering
Alice L. Bush, Engineering
Ruth Olson, Traffic Engineering
Jennie Keegan, Parks & Recreation
Douglas W1asiuk, Motor Pool
.Hope Wlasiuk, Occupational License
Van A. Horton. lAFF Representative
William HeClure, Fire Department
Andrew S. Bachtel, Utilities Department
Fred Dombrowski. Water Division
Karen Dombrowski~ Water Division
Mary McCann, CWA Secretary
Chairperson Herman called the meeting to order.
Mrs. Herman congratulated Mr. Walsh on his re-election to the Board by the City
employees.
. Mrs. Herman asked the Board to consider changing the regular meeting date of the Board
from the third' Monday of every other month to an alternate date. Hr. Chenoweth moved that
the 'meeting date be changed to the third Tuesday of every other month. Seconded by
Mary Kane.and motion carried unanimously. (Next regular meeting of the Board will be
July 17, 1984.)
Mr'. Chenoweth mo~ed that the Minutes of the meeting of March 19~ 1984 he app~oved.
Seconded by Mary Kane and motion carried unanimously.
A discussion was held by the Boarfl on Agenda Item No. 2 - Exp10ra tion of 6%-8% Wage
Increase Issue. Mr. Walsh stated he had read Florida Statutes, Chapter 447~ Part II
and he was concerned that the wage differential was an Unfair Labor Practice and
discrimination against some employees. He noted that Chapter 447 relates to collective
bargaining.'not to pay administration and he felt that there were City employees who are
, grieved by this situation. Mrs. Kane related that she understood that the Union felt
there were approximately 43 employees on the list of confidential employees prepared
by the City that should not have received the 8% wage increase; that the City's list
was, not in accordance with the PERC Certification. She also related she had some concerns
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with another list prepared 'by the City as to the bargaining unit and confidential,
',' e,mployees. Director adviser) that this recent list was a proposal to the Union. as
, reflected 'in comments' of Mary McCann to the Board at its March 19th meeting. That list
is a step towards efforts to develop a list that both the City and Union would subse-'l
quently submit to PERC for certification of the bargaining unit at the time it would be
submitted. Mr. Chenoweth expressed his concern that the matters being discussed related
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Civil Service Board Meeting
May 21, 1984
to Union negotiations and not to the Civil Service Board~
Mary Kane moved that the Director write a letter to the City Manager asking that the
matter of the 6%-8% wage increases be brought back to the City Commission to make them
aware of the situation alld that all employees be given the 8% adjustment retroactive
to October 1, 1983. Seconded by Nugent Walsh. Motion failed on 2-3 vote with Members
Kane and Walsh voting for the motion and Members Chenoweth. Herman. and Hosch opposed
to tbe motion. Board discussed Agenda Item No.3 (Review of Civil Service ~u1es).
Director had previously mailed copies of draft revisions to Rules 1 through 5 to the
Board and to the City Manager. He noted that the Rules have not been changed to conform
to the current Ordinance and that this is a first step to make needed changes. The
draft represented his efforts and they had not been discussed with the Board, the City
Manager, or the Unions. Board Members expressed that it was difficult to determine the
nature of changes proposed due to the format of the materials provided by the Director.
Mr. Walsh requested that such drafts be prepared in the form used by the State
Legislature when they consider legislative changes; i.e.. striking through those portions
to be deleted and underlining netl1 portions proposed. Members concurred and Director will
prepare the proposal using the suggested form. Board also asked that copies of the
proposals be forwarded to the Unions. Further discussion continued relative to the
procedure for making changes. :tnclud~.ng the l'ror:edure for public hearings if requested
by interested parties. .
Director adv.ised the Board that he had written a memorandum to the City Manager and the
City Attorney relativ.e to their request that the appropriate City official request a
legal opinion from the Attorney General on the manner of appointment of a Hearing
Officer under Ordinance No~ 1831. Mr. Bustin had related to the Director that it is
difficult to obtain an opinion even for the City Attorney and that the Attorney General
generally required some preliminary legal research. No further action had occurred.
Mr, Hosch mov.ed that the Chairman 'of the Civil Service Board write a letter to the
Attorney General requesting an opinion regarding Section 25.05. City of Clearwater Code.
dealing with the appointment of the Hearing Officer. Seconded by Mr. Walsh and motion
carried unanimously.
Director advised the Board that he had discussed with the City Manager the proposal
for an amendment to Civil Service Rule 8 (by the addition of Section 11). This
addition was proposed by, the Board at its March 19th meeting. Director related that the
City Manager was receptive to the amendment and that action will be taken to announce
the intent to amend Rule 8.
Director advised .the Board that the City Commission had considered the Board's request
for'independent legal counsel to represent the Board in the matter of the City Manager's
appeal on the dismissal of Mr. Donald Geeck. The Commission rejected the Board's
~equest as noted in the letter to the Director from the City Manager.
Director advised the Board of the current status of the City's appeal relative to the
dismissal of Mr. Geeck and subsequent modification thereof by the Civil Service Board.
,The City had requested an extension of time from the Judge assigned to this case so
that it could prepare a transcript from the tapes of the Hearing held by the State
Administrative Hearing Officer. The Judge approved that request~ extending the time for
submittal of the materials to June lt 1984.
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Civil Service Board Meeting
May 21, 1984
Board discussed the scheduling of a meeting to llear n Grievance from Fire Lieutenant
William McClure, Lt. McClure's Grievance haa been processed through the appropriate
levels, but was submitted to the Personnel Director after the current Agenda had been
d1stributed~ Board determined that a special meeting to hear this Grievance would be
held on Monday, June 4, 1984 at 7:30 P.M. All particswill be notified by the Director.
Mary Kane related her distresB over the Board's action to her earlier motion~
expressing that she felt it unfair to, the employees.. Employees Fred Dombroski and
Andres Bachtel of the Utilities Department related their feelings thst the Union did not
represent them as they did not belong to the Union. Following continued discussion BS to
the rights of employees covered by a bargaining unit but who are not members of the
Union~ Mr. Walsh moved that the Legal Department ascertain what rightss if any, that an
employee has working under Civil Service,. City of Clearwater, who does not belong to a
Union and is forced to abide by a Union as being his or her bargaining agent. Seconded
by Maiy Kane and motion carried unanimously. Mr. Walsh asked that a copy of the.
response of the Legal Department be distributed to all City Unions as well as to the
Board. .
Meeting adjourned.
Respectfully
Secretary to
Board
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