10/17/1984 - Special
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Present:
Nugent M. Walsh, Chnirmnn
Tom Chenoweth, Member
Mary D. Kane, Member
Louis Hosch, Member
Dr. Joseph Carwise, Member
I,
Proceedings of Special Civil Service Board Meeting held October 17, 1984.
v
Gerald Weimer, Asst. City
Alex D. Finch, Attorney
Douglas Wlasiuk
Eunice lIUope',' Wlaaiuk
Jean Casts
Dorothy Donley
rred Ratley
.\ Jennie Keegan
Raymond Parke
Manager
Chairman Walsh called meeting to order. He ,welcomed Dr. Joseph Carwise, recently
appointed by the Civil Service Board, and then introduced other Board Members.
Chairman related this is a Public Hearing on the employee grievance of Mrs. Eunice Wlasiuk;'
that the Hearing would be in the form of an Administrative Hearing and conducted informally'
not:in strict conformity as a judicial case. Each side will present their position in
t~stimony and proof in support of their case; both sides will have the opportunity to
examine and cross-examine witnesses and the Board may also question witnesses. Each side ,
may,have time for rebuttal and closing arguments. Pursuant to the Board's Rules and !
Regulations, at the conclusion of the Hearing the Board may affirm, modify or revoke the
City's action. Board Members may reinstate the employee if the Board establishes that
the City's actions were made for other than just cause. In its deliberations the Board
must carefully consid~r all testimony and evidence presented and shall additionally
give careful consideration to the employee's entire Personnel 'record.
Chairman then related the following points as he understood them from a recent meeting.
l.
2.
3.
Mrs. Wlasiuk was an employee in the Occupational License Division.
Sne was 'employed by the City for over four years.
She desired to buy a new home for an expanding family and needed
funds for a down-payment on that home.
Her sa\~ngs, fully funded' by her, were invested through a City deferred
comp~nsation fund' and would' not b~ released to her unless she left
Ci ty employmen t.
She was told she could resign, get her savings, and pursuant to Rule 16,
withdraw her resignation and be re-employed.
There is a question as to her resignation being effective.
The' resignation was accepted by the Division Head, the Department Head,
and the Appointing Authority and indicates that:
'a.
The City would re-hire.
She left in good standing.
b.
Hel:' request to withdraw her resignation and be re-ernployed by the City
had' been denied.
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- 2 -
Special Civil Servic~ Boord Meeting
October 17, 1984
:: ,: Chairman nsked Mrs. WInsiuk if she was represented by Counscl. Mrs. Wlasiuk was repre-
sented by Mr. A. D. Finch.
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Chairman asked who would present the City's case. Mr. Gerald Heimer related he was there
to make n statement; that he did not know who would present the City's case. Chairman
asked Mr. Weimer to proceed.
Mr. Weimer stated it was the position of the administration that Mrs. Wlasiuk was before
the Board without standing for the following reasons: (1) the Board does not have
authority to conduct a hearing beyond advisory in scope; (2) the individual is not an
employee of the City and does not have the privilege to grieve the City's refusal to let
her withdraw her resignation; (3) the City's interpretation of the law is reinforced by
court cases that address this issue, which he could not quote at this time, noting that
those issues would have to be addressed by the City Attorney.
Mr. Finch inquired of Mr. Weimer if it was the City's position that the former employee
could not come before the Civil Service Board under Rule 15. Mr. Weimer related it was
the City's interpretation that the Board could not make a binding decision on this case.
Mr. Chenoweth asked ,if the City Attorney would be present. Mr. Weimer advised that he
was on vacation and would not be present.
Mr. Finch asked if the City Legal Staff had notice of this hearing. Mr. Weimer reflected
that the question would be better answered by someone else.
Mr. Finch asked Mr. Weimer if he had stated the City's entire position on this matter.
Mr. Weimer indicated he had not necessarily done so, having noted that there were some
legal concerns and he was not there to address the legal aspects. Mr. Finch asked
llr.Weimer if it was true the City would not permit the former employee to return to
,work. Mr. Weimer responded affirmatively. Mr. Finch asked if the City's statement given
by Mr. Weimer gave precisely the reasons -- other than its belief that the Board does not
have jurisdiction -- for not allowing the employee to return to work. Mr. Weimer
indicated that the reasons were addressed in a memo that was sent to the Board by the
Department Director.
Chairman Walsh indicated the Board had received the Department Head's memo but nothing
giving the City's position. Mr. Weimer stated that the memo was the City's position.
Under the Rules the employee must get permission from the Department Head~ the City
Manager, and if you want to include the Civil Service Board, then the Civil Service
Board, but it is not an either/or situation.
Chairman Walsq. asked Mr. Weimer if it was the City's position they were going.to deny a
hearing on this matter. Mr. Weimer responded that the Board can hold a hearing but it is
the City's position that it cannot go beyond being odvisory.
,Chairman Walsh osked Mr. Weimer to re-state his first position. Mr. Weimer related that
the pOSition 'is that the Board does not have the authority to conduct a hearing beyond
,advisory in scope.
Mr. Finch asked Mr. Weimer if he would admit that the City is preventing the employee
from going ,to work for the City -- the same as a dismissal. Mr. Weimer responded that
he did not agree. Mr. Finch asked if he would agree that the employee stands dismissed?
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Special Civil Service Board Meeting
October 17, 1984
Mr. Weimer reapondcd she was not dismissed, she resigned of her own accord llnd since
she did 80, she is not an employee of the City. He stated she has requested to have her
reaignation withdrawn and under the Rule, the Department Head, the City Manager, and the
Civil Service Board -- anyone of the three can deny it -- but it does not follow that
anyone of the three can approve it.
Following several questions by Mr. Finch and responses by Mr. Weimer relative to who
establishes policies in the City, the right of the Civil Service Board to meet whenever
it desires, and when the Civil Service Rules were adopted, Mr. Finch concluded his
inquiry of Mr. Weimer.
Chairman Walsh asked the Director if this hearing was duly advertised. Director related
that announcements were distributed to the Civil Service Board, the Presidents of the
employee Unions within the City, to Mr. Carter, Mr. Weimer, Mr. Kowalski, Mrs. Wlasiuk,
and copi,es 'Were forwarded to the press and to all City departments.
Chairman Walsh quoted, for the -record, from the Civil Service Ordinance, liThe Civil
'Service Board shall llave the responsibility of conducting public hearings on employee
grievances. II He then related' that adopted by the Civil Service Board on May 10. 1965
are the Rules and Regulations which were originally approved by the City Manager and
City Commission on }my 17, 196~as amended, which provide in Rule 15, Section 1, that
a grievance is a wrong, real or fancied. considered by an employee as grounds for complaint.
Quoting from sub-section "e" thereof, he read, "An appointing authority, the department
head'. and' the employ~e shall each be given the opportunity to be present and to participate
in such review. Each party participating shall bear the burden of proof. No subject
matter...",etc. He stated this matter was properly before the Board at this time and
that the City has been apprised of the hearing. He related the Board is present, the
aggrieved former employee and her attorney, the public, and a court reporter are present.
Mr. Weimer agreed'with the Chairman's statements from the Rules, however, noted we do not
have an employee here., Chairman asked Mr. Weimer if he was saying that she is not an
employee and therefore not entitled to Civil Service. Mr. Weimer affirmed this was the
City's position. Chairman said' if that was the, case, the City could fire an employee
and the employee 'would have no recourse to grieve. Chairman stated it was his position
that every employee is given Civil Service rights that are vested and remain with that
employee. Just because they are t.erminated', fired or resign there are certain vested
interests that they have that are given to them, not only by the City but by the voters.
~fr. Weimer sta.ted the City agreed that when the City took a.n action to terminate an
employee, the employee' 'had the right to grieve the action but the City took no action
here that caused' the employee to leave employment.
Board Member Joseph' Carwise stated that among stipulations read by the Chairman at the
beginning of the meeting was one stating that the former employee did willfully resign.
He, asked did' all parties agree to that? Chairman stated he was not su'te the parties
would agree at this point. Board Member Torn Chenoweth stated there,was no question about
this. ~r. Finch said' there is no question about her signing the required resignation
but the word "willfully" is not in there. Mr. Finch continued that the point is' that the
employee was led to believe that the resignation document states on its face that she
would' be rehired' in good standi.ng.
Mr. Weimer stated that the Rule says if the City grants an employee permission to with-
draw his/her resignation and if there is a position vacant, the employee can come back
Special Civil Service Board Meeting
October 17, 1984
- 4 -
to tbe former position; if a position is not vacant he/she
employment list. Chairman Walsh agreed, but noted that at
when this was discussed, the p~sition was vac~nt.
can be placed on the re-
the last meeting of the Board
Chai'rman Walsh asked, inasmuch as the City had declined to be,present and to state and
defend its position in the matter of the Public Hearing of Mrs. Eunice Wlasiuk, was
there any discussion by' the Board? Mr. Chenoweth moved that the Board follow the
suggestion of the former employee's counsel and moved that the meeting be adjourned.
Motion was seconded by Member Mary Kane and motion passed unanimously.
Meeti~g was adjourned.
<, ,'.J.
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