06/04/1984 - Special
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{~~~~\: ',Mrs. Herman related that the procedure would be to allow Mr. McClure to state his
:f}t),:~:f\.':;( g'rievance, 'to allow the City, to present its side, then a summation by the grievant and
~(Jrr';1V';'\! '. ,the City. It was noted that Board members had been provided copies of the grievance
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r~:;I.""~':::;)':":"I~ ',' Mr. McClure stated his grievance was brought on the grounds that seniority, per the
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ti<,l')I,j.,i;':: Civil Service Rules, was not followed in the selection of a' paramedic. for a bio-medic.
Z1~t~~~<\:'/,' ,.posit.ion,!n the Fire Department. He related he was a Firefighter and a paramedic.
t\B'i'~:;;;:,"~: 'However, ,on March 8th another employee, junior to him in department seniority, was
Jt~;~n\\!;",',pro,~o~~d to ,a , bio-medic position. The Fire Department selected the junior man based
.fr;~:'~{:I:;~' on what he re'ferred to as "reverse seniority, II a process in which the department com-
r410f:f~ putes candidate seniority from the date of certification by the State as a paramedic.
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,$}J~'::':<",:', Mr. McClure cited a number of Civil Service Rules in support of his position. He
:t![:~:~if'/;:;' 'submitted that paramedic and bio-medic fall under the guidelines of Civil Service
,~{t'if":':~;::"': . Rule 3, Section 2, which provides that the classified servic.e shall comprise all positions
;:}~.l}h',"i nQW eX,isting OJ;' hereafte'r created, advocating that paramedic and bio-medic are positions
:~M.~\~,'::,;;,::" '~S cotltempl,at,ed. uuder the Rule.. He cited' Rule 6, Section 6, relating to examinations
&f,Y,;"L; .,> o~fel;'ing, 'tn.a,t the bio-medic. selection process was an oral examination and that
:ut~y,:~::",;:: R~l.e 6 prov..ides for the provision of credit for seniority on oral exams." He related
',;,~\;,:.I,;\7~,~,~,::.;,.~.~,J?\:, tha,t ' ,in. 1.914'01:: 1915, the City and the Civil Servic.e Board created the positions of
_, _ paramedic and bio~medic and' guidelines to go with them and reflected that the Fire Chief
:tw::~:~'}\T ,sp'oul,d\1ot be al10wed' to change those positions and method of appointment without
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Proce.edings of Spec.inl Civil Service Boord Meeting held June I., 1984.
Present:
Helen Herman, Chairperson
Tom Chenoweth, Mamber
Louis Hosch. Member
Mary Kane, Member
Nugent Walsh, Member
Mike Laursen, Personnel Director
Jane Craig, Secretary to Personnel Director
Jeff Harper, Asst. Peraonnel Director
Visitors:
Bob Davidson, Fire Chief
Bud Meyer, Asst. Fire Chief
Van Horton, IAFF Representative
FrankKowalBki~ Chief Asst. City
Attorney
, Chairperson Helen Herman convened the Special Meeting of 'the Civil Service Board
to, hear a grievance from William McClure, Firefighter, Clearwater Fire Department.
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- 2 -
Special Civil Service Boord Meeting
June 4, 1984
Hc further notcd that in an early caBe of two paramedics (Hooper and Kroeger), that
Hooper got the assignment to the position because of department seniority nnd the use of
alphabetical order duc to their having the same seniority date.
Rule 10, Section 4 was cited by Mr. McClure wherein he interpreted the Rule as saying that
seniority has been determined to be the controlling factor. He felt his State certifi-
caeion as a paramedic, along with ten years of department experience, provided him with
a grenter advantage over newer personnel. He further indicated that Fire Department
personnel are concerned l~ith younger employees being assigned as paramedics without first
developing fireflghting experience in depth. He referred to Rule 7, Section 2, paragraph
(b) as relating to seniority and promotions, and providing for the arrangement of names
in order of seniority in the case of a list for promotion. He concluded by advocating
that bio-medic is a promotion, an oral promotion.
Assistant Fire Chief Bud Meyer, representing the City, related that bia-medic is a job
assignment~ not a civil service promotion. He noted the Civil Service does not give a
test for this assignment and related that the various Rules referred to by Mr. McClure
deal with civil service promotions, not with job assignments, and the department sets
standards for internal assignments based on their evaluation of job skills. The depart-
ment follows the nature of the civil service selection process by first considering which
people have the most skills, which ones have been certified as paramedics the longest,
and then considers seniority. He related that assignment to bio-medic is a Union
Cont~actual item negotiated between the City and Union to provide a pay incentive for the
individual who takes care of the rescue equipment. He explained that the situation
referred to by Mr. McClure with Hooper and Kroeger had occurred previous to the existence
of the bio-medic assignment. At that timet the department assigned a Driver-Operator
instead of a bio-medic as this assignment required the assignee to drive fire trucks,
aeriel"trucks and rescue trucks. The assignment decision in that particular case was
based on the ability of the two men with respect to driving the larger equipment, a
"requirement at that time. Chief Meyer related that the position of the City in this
'grievance was as noted in their written responses to Mr. McClure. He concluded by noting
that these are job assignments. not civil service promotions.
Mr. Chenoweth related that he felt that qualifications should be the basis for selection,
not seniority.
Mrs. Kane related that Mr. McClure, being a State Certified Paramedic, having ten years
on the job, and having been number one of a driver list, had the qualifications and
seniority for the assignment.
Chief M~yer explained that the department use of seniority as a State Certified
Paramedic was based on the position that a lot of paramedic skills have to be learned
and refined in the field. Therefore, the parameCic who has been working the longest in
the field ha'8.' had the opportunity to refine their skills the mos t.
Mrs. Kane expressed amazement that the City had not authorized nor established a job
classification for paramedic and for bio-medic.
Mr. Walsh, through a seTies of questions to Chief Meyer, brought out the points that to
become a paramedic or a bio-medic, you must first be a Fireman, the Fireman must go
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- 3 -
Special Civil Service Board Meeting
June 4, 1984
to EMT School and then to Paramcdic School. He cstab1ishcd thnt Mr. McClure is n
Firefighter and State certified Paramedic.
Chief Meyer clarified that the State does not certify individuals as bio-rnedicB, only
as parnmedics.
Mr. Walsh related that Rule 4 defines "positions" as meaning of a group of current duties,
responsibilities "assigned" or delegated. The word "assignment" locks the issue into
civil service. He also related that Rule 10, Section S(dcaling with seniority) provides
that in the event of transfer or appointment between departments, seniority is retained;
therefore, that it would follow that within a department seniority should be retained.
He noted that Section 2 of Rule 5 specifies that seniority is measured from the point of
the beginning of continuous employment.
Chief Meyer summarized the department's process, relating that rather than a promotional
test, job skills of the candidates are tested by determining how long the candidates
have worked in the field as paramedics and whether they'are proficient in that field
work. Their job proficiency is determined from evaluations by their Officer and Captain.
If two candidates have the same skill level at this point, then seniority is a factor.
Mr. Walsh no~ed that seniority is spelled out and that Mr. McClurc.s grievance is that
seniority was not taken into consideration. That is the issue before the Board.
Mrs. Herman raised several questions to Chief Meyer. In response to her questions, Chief
Meyer ,related that the first criteria for selection as a bio-medic is the length of time
the paramedic has been in the field; and that the department policy for bio-medic has
been in effect for about six years.
Mrs. Herman questioned Mr. McClure as to how long he had served as a paramedic and how
long the selected candidate had served. Mr. McClure responded that he had been certified
,as a paramedic for approximately three years; the person selected had been on the
paramedic truck about four years.
Mrs. Herman raised the issue as to the association of the Union Contract with Civil
Service and noted that the Union Contract provides that the assignment of employees to
paramedic is at the discretion of tbe department. Chief Meyer concurred that paramedic
was created by the Contract and is not referenced in Civil Service. Mr. Walsh expressed
that this was a concern and that it appeared there should be a separate job description.
He related that using assignments, you could end up with all employees lumped in a single
job'class and then utilize assignments for every job.
Director related to the Board that job assignments are used in other departments besides
the Fire Department, including Police and Parks & Recreation.
Mr. Chenoweth stated that any time a worker is given a task, he is assigned to that job.
Mr. Walsh discussed that when a Firefighter had additional skills and is certified by the
State, it is a different job and brought out the fact that a paramedic is compensated
with a fifteen per cent incentive pay above the Firefighter buse pay.
Chief Meyer established in discussion that all Firefighters are certified in initial
training as as EMT through the Junior College.
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- 4 -
Special Civil Sen'ice Board Meeting .
June 4. 1984
Director advised the Board that the Civil Service Rules, in the normal appointment procesa
do not require that un Appointing Authority appoint on the basis of seniority. The top
five whole score groups are certified and the Appointing Authority may select anyone of
the certified candidates. Director related that assignment pay has been recognized by
Civil Service through the Pay Plan which, per Rule 5, is a part of the Civil Service RuleS. '
Mrs. Kane related that Rule 6, Section B, provides that n promotional exam may include
various combinations of factors, and ahall include credit fo~ 6enio~ity, and that the
bio-medic assignment was by an oral examination. Director related that the Rule doesn't
apply to the situation as the~e was not n Civil Service examination.
Mrs. Kane stated that the grievant is State Certified and meets all the qualifications;
he has been left off by this action and as long as he works here seniority will not mean
n thing for him. She stated that in accordance with the Rules he should have been
selected as a bie-medic, having all the qualifications and seniority.
Mr. Kowalski asked the Director if there was a probationary period upon promotion in the
classified service to acquire tenure. Director responded affirmatively. Mr. Kowalski
asked if this probationary status or tenure applied in the case of a bie-medic or
detective and whether management could remove an employee from such assignments. Director
responded that there was no probationary period and management could make changes at its
option. Mr. Kowalski related to the Board that the point he was making was that assign-
ment is a management prerogative and is distinct from the process of promotion.
Mr. Hosch asked if it would be proper for the departments to follow, in assignments, the
'precedents established in Civil Service Rules. Director indicated he felt that such
assignments should parallel the Civil Service process and that Chief Meyer had indicated
the department did attempt to parallel the process.
Members and Directors discussed the right of management to remove employees from assign-
ment status at the option of management. Mr. Kowalski related that management reserves
the right to change such assignments, in the same manner as an employee may be moved to
a different work station by management.
Mrs. Kane related she could not understand why paramedic is not considered a classified
position.
Mr. Chenoweth noted that being qualified is one thing, but that some are more qualified
than others and that it is the job of the person responsible for the product of the
department to try to get the most qualified man.
Chief Meyer indicated that in this instance, the man in the field as a paramedic the
longes~ had met all the qualifications and, therefore, was assigned to bio-medic.
Mrs. Kane asserted that since there is only one classification, that of Firefighter, that
Mr. McClure met all the qualifications and had seniority.
Van Horton~ Firefighter representative of the IAFF, stated that the department's criteria
of using the person who has been a paramedic in the field the longest does not necessarily
mean that he's the most qualified person. He related that the issue of the assignment
was between two persons -, one has been a paramedic for a year longer than the second one.
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- 5 -
Special Civil Service Board Meeting
June 4, 1984
however, the second one has ten years' servicc on the department and knows the streets
better nnd knows more of the situations. He illao Jnquircd O/J to which one would be
laid off should lay-off occur.
Chief Meyer indicated that the lay-off provisions Were clouded. but current terminology
reflects that lay-offs would be based on scniority based on job skills.
Chief Davidson spoke from his experience as Chief Ilnd ll8 one of the first paramedics
certified in the State. He related that theTe is n world of difference between a
paramedic just out of school and one who has worked in the field. Experience is a
significant factor and the department utilizes a process of rotating paramedics between
Fire Stations to provide each paramedic with maximum exposure as some stations are
busier than others as to paramedic calls. lie gave an example to support the depart-
ments position on assignment; that it would be unrealistic to let an individual who had
been a Firefighter for twenty years and then goes to paramedic school to !tbump" an
individual who had been functioning as a paramedic for nineteen years. He related that
there is no way when you're dealing with a patient's life, to counteratt the experience
the paramedic has.
Chief Meyer expressed that the answer on seniority and lay-off as the Union Contract
spells it out is that seniority shall prevail provided ability is relatively equal.
Chief Davidson explained that the department currently has about fifty employees certified
by the State as paramedics, but the department only uses thirty-six in that capacity.
He also related that Firefighters do not want a separatc classification of paramedic,
,that the flexibility of going back to being a Firefighter, concern about the heart-lung
bill, and concerns about twenty year retirement were reasons that they did not want
a separate job class.
Chief Davidson reiterated that Larry Browett (the paramedic assigned as bio-medic) had
been doing the'paramedic job for four y~ars while Bill McClure had only been doing it
for three years. Paramedic is unique and the more experience you have doing that job
makes you a better paramedic.
Mrs. Kane asked Chief Meyer if he interviewed all ~mo apply for bio-medic? Chief Meyer
stated that they go first witll the senior paramedic in the field. If he has the job
skills and the recommendation of his Lieutenant, he gets the position. The annual
evaluations of each paramedic is utilized by the Lieutenant in his review. Mrs. Kane
asked if the individuals who did not get the assignment were told why they did not get the
assignment. Chief Meyer indicated that, after an appointment or assignment if a candidate
wishes to know why, they, are told, however, the department does not routinely do this.
Chief Davidson indicated that the Lieutenant who makes the evaluations and recommendations
is a certified paramedic.
In response to a question from Mrs. Kane, Chief Davidson related that Larry Browett was
a Firefighter for Gandy Fire Department before being hired by Clearwater.
,In his summation. Mr. McClure indicated that any past paramedic who felt he should have
had the bio-medic, assignment could have grieved to the Board. However, he was
apparently the first one who wanted to do so. He stated that up until April 20th there
was no criteria for bio-medic assignment, only rumors in the department as to how this
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- (, -
Special Meeting of CivH Service Bonrd
June 4, 1984
was done.. Tlle rumor and guidclincg the men thought they were under was that it was
seniority of the paramedic based on the date assigned to the truck, whereas the department
is now saying seniority startn with the dote of State certification. He said he met with
Ids supervisor in March, 1981 relative to whethar seniority would start over as a para-
medic and he was told not to worry about it; hod he been told otherwise, he would not
have tried' to become a paramedic. He rei terated he had all the skills to be a paramedic -
a State ceTtificntion - ond that he woe probably tlle number one driver of rescue equip-
ment on the department. He related that the Civil Service Rules gave a lot of credence
to seniority and he thought it quite clear that he was both qualified and the senior
person.,
In his summation, Chief Meyer reminded the Board that he had not said that Mr. McClure
was not qualified~ He said paramedic~ are assigned as paramedics based on their date
of State certification., He related that all four of the men available for bia-medic
assignment were qualified and that the Civil Service Rules do not require that the
department take the senior person. Assignment criteria has been in place for some time
and has been used to assign bio-medics and paramedics.
Mr. Walsh indicated that Rule 22 provides that the Fire Department can have Rules but
that those Rules cannot be inconsistent with Civil Service Rules. Rule 1 of the Civil
Service Rules applies to all positions in the classified service in regard to appointment,
promotions, transfers, and other changes in status. Rule 10 says seniority is a
controlling factor and further says it shall be measured from first employment; also
that seniority shall be transferred. On the basis of these Rules, his grievance is wel1-
taken and the Fire Department should consider his ability and. follow the Civil Service
Rules as to assignment of a person to fill the vacancy.
Hr. Chenoweth related that the Chiefs are following their duties and they did so
appropria b~ly .
Mr. Hosch related his opinion that the practice of assignment should follow the pattern
that is established in the Civil Service Rules; assignments are not'mentioned in Civil
Service Rules,' but the pattern that the Rules establish should be followed in making
assignments.
Mr. Chenoweth expressed that they were, that you may appoint anyone in the top five
,regardless of seniority.
Mrs. Kane moved that Mr. McClure's grievance is legitimate in accordance with the Civil
Service Rules and that he be assigned to that position in accordance with the Civil
Service Rules. Seconded by Mr. Walsh. Motion passed with Mrs. Kane, Mr. Walsh, and
Mr. Hosch in favor, and Mr. Chenoweth and.Mrs. Herman opposed.
Meeting was adjourned
Res ectfully submi
.Q:!
H. M. Laur
Secretary