06/14/1984 - Special
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Proceedings of Specinl Civil Sarvice Board Meating hald June 14, 1984.
Present:
Tom Chenoweth, Member
Louis Hosch. Member
Mary Kane, Nember
Nugent Walsh, Member
t/
Mike Laursen, Personnel Director
Jane Craig, Secretary to Personnel Director
Visitors:
Alice Bush, Engineering
Jean Cesta, Engineering
Clara Garman, Engineering
Douglas Wlasiuk, Motor Pool
Hope Wlasiuk, Inspections
Gretchen Bush, Library
Ruth Olsoni Traffic Engineering
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Mary McCann, CWA Representative
Jennie Keegan, Parks & Recreation
Fran Marshall, Finance
Dot Donley, Finance
Barbara Metzger, Central Services
Carol O'Connell, Purchasing
Gerald B. Weimer, Asst. City Manager
Frank Kowalski, Chief Asst. City Attorney
Meeting was opened by Mrs. Kane who moved tllat, due to the resignation of Mrs. Herman,
Mr. Walsh be temporary Chairman for this meeting. Motion was seconded by Mr. Hosch
'and carried 'unanimously.
Mr. Walsh announced this Special Meeting had been called pursuant to a petition of City
emp~oyees in reference to an increase or roll-back of Wage increase. He then noted
that he would' depart from the Agenda Item and read a prepared statement. The st~tement
expressed concern over'the resignation of Mrs. Herman and th~ advisory status of the
Board. It noted that the City ignored the position of the Board, relating specifically
to'the City's appeal of the Board's reinstatement of a City employee and subsequently
denied legal 'representation for the Board in that appeal. It questioned whether the
Board is advisory to the City Manager and/or City or whether it has the traditional
'powers of :civil set;vice. It included the, following motion:
That the Attorney General for the State of Florida, after
thoroughly revieWing the Civil Service Law of Clearwater
enacted in 1978, render his official legal opinion on
whether the Civil Service Board is merely advisory in
nature or has the traditional powers of a civil service
system and to define the duties and responsibilities of
the Board Members once they are appointed.
Mr. Chenoweth inquired as to whether it was appropriate for the Board to discuss items
other than those on the published Agenda. Mr. Kowalski, Chief Assistant City Attorney,
related that generally speaking, the Sunshine Law does not permit official action to
be 'taken, on items which are not on the Agenda, the purpose being to insure that any
person who would like' to be 'heard on the issue would have had prior notice and an
opportunity ,to appear. There are exceptions to that rule, for example, when an
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June 14. 1984
emergency situation arises after preparntion of the Agenda.
Mr. Walsh acknowledged that the opin:i,on would be noted for the record. He umcmled his
motion as an emergency Agenda item inasmuch as the Agenda was prepared prior to the.
resignation of Mrs. Herman from the Board. Motion was seconded by Mrs. Kane.
Mr. Chenoweth questioned whether the Chair can make a motion. Mr. Kownlski advised that
procedurally, it is generally not permitted for a Chairman to make or second a motion;
the Chairman is required to vote on a motion that is made and seconded.
Mr. Walsh asked Mr. Hosch to assumc the Chair to allow him the opportunity to make a
motion. Mr. Hosch accepted and Mr. Walsh offered the motion previously stated. Motion
was seconded by Mrs. Kane. Motion failed on a two to two vote (In favor: Walsh,
Kane -- Opposed: Chenoweth, Hosch).
Chair returned to Mr. Walsh who advised the Board would return to the Agenda. Mr. Walsh
read from the letter, signed by Mrs. Kane and himself, requesting this Special Meeting
and containing the wording from Employee Petitions, as follows:
"We, the undersigned. non-union employees of the bargaining unit, City of Clearwater.
strongly disagree with the action~ whereby management granted certain employees
they deemed "confidential" an 8% wage increase October 1, 1983. While we recognize
the right for wage negotiation is strictly within the jurisdiction of our bargaining
agent, namely CEA Local 3179, and the right of management to establish wages for those
employees outside of the bargaining unit. we strongly protest management's action of
granting such wage increase contrary to the Florida Public Employees'. Relations
, Commission's Rules and Regulations and without first obtaining approval from PERC. As
sucht we stronglyurge and support the Civil Service Board to take such steps necessary
. to correct this situation, which we deem as arbitrary, discriminatory, and unfair.
We respectfully request that the wages of all those employees not approved by PERC as
"Confidentialll as of October 1, 1983, be rolled back to a 6% wage increase or that
management renegotiate with CWA Local 3179 for all employees' wages to be increased
8%'as of October 1, 1983."
Mrs. Kane indicated that there were approximately 90 signatures on the employee petitions.
She expressed tbat the City had made an error in not, updat~ng the PERC (Public Employee
Relations Commission) Certification List of who is in the Bargnining Unit. She moved
a letter be written to the City Manager that, based on the approved list of the bargain-
ing unit certifying who was confidential and who was not under the 1975 Certification,
those employees who were promoted to 8% be either decreased back to six or that all
employees be given 8%. Motion was seconded by Mr. Hosch for the purposes of discussion.
Members discussed whether the Chair could second a motion.
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Mr. Walsh asked the Personnel Director how it had been determined which employees were
confidential, what was the date of the wage increase, and whether the current list of
confidential employees used by the City had been submitted to PERC? Director advised
that Mr. Weimer. Mr. Kowalski, and himself had determined which employees were confi-
dential by comparing their duties with provisions of Chapter 447 (of the Florida
Statutes) and that this list was submitted to the City Manager. The date of the increase
in wages wag October 1, 1983. The City's list was not submitted to PERC. He related
that his reading of tbe PERC Certification indicated flexibility to determine who is
confidential and who is not by virtue of applying their duties against what the law says
is confidential.
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Civil Service Board Meeting
June 14, 1984
Mr. Walsh inquired as to whether the Civil Service Board had ever made a special
classification for confidential employees. No special classification had ever
been established. Mr. Walsh and the Personnel Director discussed whether employees
who are confidential may have the same duties and job classification as others who are
not confidential. Director advised that he found there were such situations and that
the cause was either misclassification or because the nature of the work of the employees
in terms of the purpose for which the work is performed docs provide for differentiation
under Chapter 447. Mr. Walsh summarized Civil Service Rule 4 and the definitions there-
in for Position Classification including that the similarity of duties and responsibility
is such that the same qualifications may be applied, they may be properly filled by
the same tests of fitness, and equitably compensated at the same rate or rates within
a schedule of compensation.
Mrs. Kane expressed her concern that persons in the same job class received different
wage increases and noted that several of these were in the Personnel Department. She
stated the difference ~n treatment was what upset many employees and indicated she did
not feel the City Commission was aware of what actually happened in this matter.
Mr. Hosch asked Mrs. Drew if this matter Were laid before the City Commission if
whatever resolution they made of it would be satisf~ctory to her. Mrs. Kane related
she felt that would be a proper action.
Mr. Chenoweth questioned ~hether the Civil Service Board has any jurisdiction relative
to this entire matter. He pointed out that this subject had been discussed at several
other meetings..
Mr. Walsh related that there appeared to be two problems: (1) the inclusion of certain
employees on a list that had not been approved by PERC, and (2) the question of having
people within the same'class treated unequally by some receiving 6% and some receiving
8%.
Mr. Hosch asked Mrs. Kane if she would accept the inclusion of the second point
advocated by Mr~ Walsh into her original motion. She accepted the addition of the
second point.
:Hotion of l1t;s. Kane was re-stated as follows:. That a letter be written to the City
Manager to lay before the Commission the following problems that have come to the Board:
(1) whether those people who were granted an 8% increase as confidential employees
pursuant to a list of confidential employees not approved by PERC was"appropriate;
and (2) that pursuant to the Civil Service Administration Act as approved by the
voters at a referendum in 191.8 and, that pursuant to Section 25.03 (sub-section paren lid"
end of paren, paren "I", end of paren) in providing among other things the proper
classification plan including those with similar duties as further defined in Rule 4
of the Rules and Regulations approved and adopted by the Civil Service Board, City
Manager, and City Commission, which under Rule 4 defines class, classification, and class
of position, wnether the action taken is in conflict with the approved provisions of the
Civ.i~ Se~v.ice Administration and Rules and Regulations with the possibility that'
appropriate action should be taken by the City to rectify or change the City's previous
position in,order to treat all employees within the same class, classification or class
of positions, equally~
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- 4 -
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Civil Ser', ice Board Heeting
June 14, 1984
Mr. Chenoweth asked the Chief Assistant City Attorney if the whole matter of 6% and 8~
salary adjustment was a matter over which the Civil Service Commission has any juris-
diction or t.,as it a matter for the City Commission? Mr. Kowalski related that this is
a matter of. .labor law,. under Chapte-r 447 of State Statutes and that in the case of"
conflict between Civil-Service Rules and the provision~ of the Statute or of collective
bargaining, the collective bargaining agreement would supersede; therefore his opinion
'or recommendation was that the Board does not have :Jurisdiction ovor this matter because
of the State Statute.
The Chair ruled this was a proper question before the Board as a Grievance and called
for a vote on the motion. Motion passed 3 - 1 (In favor: Walsh~ Kane, Hosch. Opposed:
Chenoweth).
Chair asked if any visitors would like to speak. Hope Wlasiuk (employee) related that
this matter was a Grievance of the employees; that management broke the rules and that
is why it was brought to the Civil Service Board. As a Grievance, they have an option
of ta~ing it to the.Union or to Civil Service.
Mrs. Kane moved tllat the Personnel Director write a letter to Mrs. Herman thanking her
,for her 'efforts as Chairman of the Civil Service Board and her service since 1977.
Mr~ Hosch seconded the motion. Mr. Walsh'added that this should be taken to the City
Commission for appropriate thanks to Mrs. Herman for her years cf service. Mrs. Kane
accep'tE;;d .tbe amendment. Motion passed unanimously.
Alice Bush inquired as to who prepared the Agenda. Director related that he prepared
the Agenda based on'the letter received from two Board Members asking for this Special
Meeting relative to the 6% ~ 8% wage issue.
. Mr.' Chenoweth moved for adjournent. Mr. Hosch seconded the motion which passed
unanimously.
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