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11/20/1984 '. . , , :.:.~., >i, : C : i.n ';,;':' i~~~c '.~: j~,.~ : '.~ i:~r":G" i.. " oIio.!-.}. .. I. .. ;J: ... . + f~:~:t, ~\' :'. ,: ~r>::::. ' Ill:d/::: Tom Cnenowethexpmsed his view that the Chairman cannot call a public hearing. .... ", ,.., U'~..)} "...:> 1ks: >.~: ",:~i' ~l" ~ , It/.;:\.....:' t,t.;;f.:,;.i....,:., . MsarYiDrewR Klanebmovtebdlthdat thiel rtehview atnd di1scusSiontiof thcehPrioposed kChadnDgeis int CiVtil ~ ..erv c~ u es e a e unt e nex regu ar mee ng. a rman as e rec or 0 f:,;"Y'.: : distribute copies of the proposal and to verify that the bargaining units have received ~~~:..' ,: copi~B; further that it. would be appropriate to have the City have its representatives , . present at the next meeting to have their comments heard on the proposal. Motion was ~[;:Y:' ::::: ::l::m.::::o::::c::: ::s:::~ain thc background of Agenda Item 1/3 (Grievance Of' f:E:,:' .:' Firefighter Thomas Hejl), particularly that the Fire Chief' 8 response to the grievance ~{r..:.> . .' .indicated the demotion of Hej1 was caused by the Board's action. Director advised that ;~\~.: .'the' Board's decision relative to the grievance of Firefighter McClure in which the Board ,;~::~. .:,. directed .that he be assigned to a B.J.omedic positon necessitated the removal of a then :~r\~.,.<: assigned Biomedic as all such positions were staffed. The most junior person (Hej1) was ~t,:~>I,.., 'removed from the J3iomedic assignment to provide a position for McClu-re. ~~';'.~~,">.. Chairman Walsh asked the Director if any action had been taken or was contemplated ~Si(<: :, '. ~ . ", "'~ .. ../0 .j r'c..,. Proceedings of Civil Service Board Macting llcld November 20, 1984 Present: Chairman Nugent Walsh Mr. Tom Chenoweth, Member Mrs. Mary D. Kane, Member Mr. Louis Hosch, Member Dr. Joseph Carwiee, Member Visitors: Douglas Wlasiuk Hope Wlasiuk Gertrude Devers l-lartha Lopez Mary McCann Bud ~1eyer Bill McClure Thomas Hejl Raymond Parke V" Chairman Nugent Walsh called meeting to order and introduced Board Members. Louis Hosch moved that the Minutes of the Civil Service Board meeting of September 18~ 1984 be approved as printed. Seconded by Tom Chenoweth and motion carried. Joseph Carwise moved that the Minutes of the Civil Service Board meeting of October 17~ 1984 be approved. Seconded by Mary Drew Kane and motion carried. Mary Drew Kane expressed her dissatisfaction that at the Public City employee grievance the City did not send legal counsel and they would not appear at the hearing. Uearing called for a did not advise the Board Chairman Walsh asked members to return to the Agenda. He inquired as to whether-the Director's proposed Rule changes had been generally distributed to employees' representa- . tives and bargaining units. Director noted that distribution had been made to the Unions but not generally to employees. Mary Kane advised that the Vice President of the CWA and the Fire Department had not scen the proposal. She asked that the Board receive input from thi three employee organizations before the Board discussed the Rules. - 2 - ." Civil Servic.e Boaru Meeting ',~' . , , . " " , . . :'.' (. "~ ,J '~":';O' ,..., . c)", ' " ' ~.':: l , ", L ;~c~~,:: :. . 'j ~,'.I . ' ' i:\....., .. , \h}; , ':. . .". :t;J"" , ~ . I. . r'.':;'::" ".~ .:.. .....' .' ,'. ~'I, ; /" .' ~\; . I . ". \ i ~ '. November 20, 1984 in current negotiations relative to assignments and the effect of seniority on assignments, to the end that the Boord not take any action that would be in conflict with the negotiations. Director advined that negotiations were at impasse and that seniority was an outstanding contract issue at this time for the Firefighters. Asst. City Manager Gerald Weitner stated that the City and Union do not have a problem with the issue of assign- ment pay in contract negotiations. Following some discussion, Chairman Walsh asked Chief Asst. City Attorney Frank Kowal~ki for an opinion as to whether this issue was proper- ly befoJ;e the Board ond whether action 011 the grievance would be premature in regard to the proposed contract. Frank Kowalski advised that he knew of nothing in the Rules which prescribed a time limit in which the Board muat act. He advised the Board was within its legal rights to take any action based on the grievance; it is also within the Board.s discretion to decide to continue the grievance for the reasons discussed previously or for any other reason_ Tom Chenoweth asked Mr. Kowalski what action the Board could take. Mr. Kowalski related there was doubt in hiB mind as to whether the action taken in regard to Firefighter McClure was legal. Chairman Walsh expressed that the action of the Board in the McClure grievance was in accordance with the Ordinance approved by the voters, it was proper and had not been challenged by the City. He asked Mr. Kowalski to answer the questions posed -- is the matter of Hejl's grievance properly before the Board and can the Board take action at\ this meeting without jeopardizing any other rights that may be involved in the contractual rights of the bargaining unit and the City? Mr. Kowolski related that Mr. Hejl has sought reinstatement to a Biomedic assignment and if the Board doesn't look at tbe collective bargaining agreement, it can take an action to see if the removal of Firefighter Hejl violated any of the provisions of the Civil Sel~ice Rules. If the Board finds that tlle grievance 1s procedurally proper and that the action of the Appointing Authority is discriminatory and/or capricious or that it violates any provision of the Civil Service Act or Rules then it may reinstate Hejl to the assign- ment of Biomedic; if none of these things are found then the Board is powerless to grant Hejl any relief. Chairman Walsh asked if the matter was properly before the Board tonight. Director advised that the appropriate process,had been foilowed relative to Hejl's grievance. Frank Kowalski advised that the grievant'hadmad~ the necessary allegations to constitute a grievance. Chairman determined that the employee grievant (Firefighter Hejl) and the City were prepared to discuss the grievance. \ ,', c Z'./"> " ,,' Firefighter Hejl related that the basis of his grievance was that a demotion could be /. '::,''.., effected only for disciplinary reasons or for unsatisfactory service and the reasons he / ~" ' ,'. ' was given for his removal from niomedic do not fall under these reasons. After three :to ...' years of satisfactory service, removal was made because of his belpg tl\e most junior /!.:<' ' person. Chairman Walsh asked the Direc.tol;' if a1,1 the positions were currently filled. :'" ..','Fire ,Chief Bob Dav.1dson indicated they were, but one would be available via a retirement. ,;': :,,', Asst. Chief .Heyer r.elatedHejl will not have sufficient seniority to be assigned..the ':',;:',' position that will become available; following l.11e Civil Service Board guidelines from the {' , McClure Grievance, eight other Firefighters have greater departmental seniority than Hejl. '~:O'" ',' . ' >.~: ' .' ~:~".. . J . ,T~ ". ")c '. . ~V:i ~ ~j ;, . 'l '.' Joseph Carwise asked if all budgeted positions (of Biomedic) were filled. Asst. Chief Meyer indicated they were filled. Hejl stated that he had been in his Biomedic position for three years and that Larry Browett was the one affected by the decision in McClure's grievance. Asst. Chief Meyer explained that the Board's ruling was that the senior person should be given the position and that what the Fire Department had been using ,;' Chairman Walsh indicated that the McClure case came before the Board, appearing to be a 'H!.':,,:, ,,: simple issue of seniority between two Firefighters. The Board merely requested that :!'i,-,"", :'; , McClure be given that position; it did not take a position as to a change in policy. <~"':'.." it, now appears that the1:'c are six or seven other persons who conceivably could file ~;::.,' . ',', grievances. ~." ~. ~. '~' :~:~ ',1 ' "),. .' " . ,. :. , , " " " , , . , " , . . :.' . ,~ ,I. 'I .' , },.': I .1 . ~;{o:".. ,.." . .". ., Ot' > ~},~.:: :::',: , ',' '::';'.;'; i~,:(//> , ~. ,;",;: ~,~~':'~{ ~ ~'s' . :-.' < , , t ,~. ' -.';- .',< . , 'i.1 . ~ .':" .',. ;... >~ -:- . ~: .' .. ' , ,':/. . '.~\ ' , ," l.L' " ......:.. ~~:"p. :-'. r\' ::'''~ ':. , . r:, '."""',- ,:' ,,' :,' <...., ~. ,. :;::'::;0' ~~)::. {,.., ' t~;;>;' . ~~\;:;::..::":':,, - J - Civil Service Board Meeting November 20, 1984 was determined incorrect. The department did, after the Board's decision, place McClure in a Biornedic position, removing Larry Browett to make the position available.. Fire- fighter Browett then filed a Civil Service grievance on the basis that he had seniority and the junior man should be "bumped." The City, following the Boardts reasoning, provided the relief requested by Browett because of his seniority and he was re-assigned xo Biomedic witll the most junior man (Hejl) being removed from 8iomedic assignment at that time. Rejl related that he fulfilled all requirements for the Biomedic position three years ago and didn't feel a grievance at this time was appropriate. Joseph Carwise noted that the City's decision on Firefighter Browett's grievance was consiatent with the Board's action on McClure's Grievance. Tom Chenoweth noted that what the Fire Department did in relation to Hejl was not the way the department had been doing such assignments, but was the way the Board told them to do. Fire Chief Davidson explained he had advised Hej1 it (assignment to Biomedic) was not a promotion; that Biomedic is not in the promotional chain -- if it were, then many current Fire Lieutenant appointments would have to be voided. Hejl responded that Civil Service Board Rules provide that, for a promotion, what is required is an increase in payor an increase in the job responsihllities. Mr. Weimer ,related tllat promotions are for cla~sified positions and that job descriptions will be found for those positions; we also have assignments of duties, not in the promotional process. The City has the right to make assignments for job duties and they are not classified positions. Assistant Chief Meyer concurred with Mr. Weimer, advising the Board that they would not find job classification descriptions or Paramedic/Biomedic pay in the Pay Plan; that these are assignments that were created in the contract with the Union. As Mr. Walsh moved that the Fire Chief, Asst. Fire Chief. representative from the City Manager's Office, arid the Personnel Director meet and evaluate the problem of seniority and to report back to this Board their recommendations and the extent of this proble~ and the ramifications of it in order that this Board may resolve it once and for all. Seconded by Mrs. Kane. Motion passed 3 2 (Aye: Kane, Hosch, Walsh; Nay: Chenoweth, Carwise). Board proceeded to Agenda Item #4, Grievance of Firefighter William McClure) relative to back pay. It was determined that the grievance process had been followed. The grievant, William McClure) asked the Board for clarification of their award on his prior grievance as to when his pay (Biomedic) was supposed to start. He felt it should have started March 5th. Mrs,. Kane related that when the grievance was submitted there was nothing mentioned about back pay. After listening to both sides, the Board ruled on the ~,grievance (;:J.nd:.not on back pay). McClure noted that the grievance stated "pay," he wanted ,money. His seniority warranted the position. He stated he didn lot want the position, just give him the money and hetll take the next available position. Assistant Chief Meyer related that during the discussion of the earlier grievance there was no discussion on back pay. Assignment was made by the department as quickly as possible after the Boardts decision. ,.'. , i. ,.~ r...~ I"c I. ~ . " \.' " ~. ~' , ,:.;t' " ' /'" . l ~, , ,". ~::~ ~ . . , ,', !.:". }' ~ > ,'~ >. \' . ~,'" . ":", , ,.. , : ~~ ,- ,"',- ~~ I' ~;b. ::,~:~' ~. :;~'~;~ . :,'::'::' I ,~ . _ t " , lW}\...... (,' ~,'.' . /". ~.:~. 'I ".. ~ ;:;~;/.:,::'..,... ~ ~~'" ,c,' :'~'~ '. . }! ,'~ )~:, : '. ~ l~> .:;~. ' . \:t~ :~: '. .!.~", . {J::\ .- ~..:- ":' . ' ~iC'.:: " ,.1";. '.' J~~:"..:':,~' ;:--:,. > . L~' ~ ~ ,J.....:. .' .~ ~ . t , ':. , ~.'-:, ~ , ' {"o":~~' - . ~.... , -,.. t<:f:" :. : '!-t~~.' ,. . f\H:': ~:~~:t.:~/;. '\:' - 4 - Civil Service Board Heating November 20. 1984 Joseph Carwiac asked' what hnppened between June 4 (the date the Board acted) and June 22 (the date McClure was assigned' by the department). Assistant Chief Meyer related that there was a time when the decision of the Board was transmitted to the Ci ty ~fl1nager; then it was transmit ted to the Fire Depar tment; then the departmen t had' to d-etermine which positions would' be affected. Chairman W~lsh asked Mr. Kowalski to review the Minutes of the Board Meeting at which the decision was made on McClure's first grievance; Chairman related they appeared to be silent on the matter of back pay. Mr. Kowalski concurred, noting the language says that rtr. McClure "be assigned." implying that he become assigned in the immediate future. He further nl?ted' that the Board 1 s grievance procedure does not prescribe a time limit that would' affect McClure's right to grieve this matter at this time; thus he is not prevepted from asking for back pay. At the same time, general law would decline to grant relief to a person on a subsequent grievance based on the same facts as an original grievance for failure to exhaust all remedies available upon originally filing. McClure stated his grievance was ruled on by the Board and the grievance said back pay. Chairman Walsh noted' that the minutes were silent as to back pay; had' the motion been made that the grievance be assigned to the position retroactive to a specified date, it would have been crystal clear. Di~ector stated that a review of the grievance submitted by McClure to the Board was not couched in the same words as the grievance submitted at the earlier levels; the grievance submitted' to the Board does not make reference to pay. Mr. Chenoweth moved that the grievance be denied. Seconded by Joseph Carwise. Motion passed 4 - 1.. (Aye:. Chenoweth, Carwise, Kane. Hosch. Nay: Walsh). Director related to the Board that it was his understanding that State Law requires that every Boa~d Member vote on every issue, except where a conflict of interest is declared. Under Director's Reports, the Personnel Director related to the Board that Carman Iacono had asked if it would be possible for the Board to conduct an afternoon meeting due to the inconv.enience an evening meeting would cause her (it would be necessary for her to have someone transport her to and' from the meeting and it is difficult to make arrange- ments for this for an evening meeting). Board Members determined they could not arrange an afternoon session. Mr. Chenoweth moved, Mrs. Kane seconded, that an afternoon meeting not be scheduled. Motion passed. Personnel Director advised Board Members that a Hearing on the Grievance of Ray Parke, Gas Division employee was scheduled for December 6th as previously advised. Mrs~ Kane Bsked the Director for information relative to persons applying for examina- tions~ Director summarized the procedure and the process of review, upon request by \ applicants, for supervisory review of their qualifications for exams. Mrs. Kane also .inquired as to the extent of accessibility of examinations to persons employed in the Peraoone!. Department.. Director advised' that every effort is made to limit the accessibility of examinations to department employees. Mrs. Kane then asked about why departments ~re allowed to go outside of.their own department to promote employees when they have qualified persons in. their own department? Director responded that strict limitation of promotional advancement would be contrary to the philosphy of the merit system and' that many departments are quite small and the opportunity for advancement of '" . . l,i \",. ..~~,:;~<,l~;'.;.."l ,. <. ':' .' . I" '.... \,.i"...,.... ',,' .,..t,(.t.1-..~'.'.,:.~j.~..~~,:..~.T:,j~".I:...~:,..,.:.:'.,:~+,~;~:,',:~:'>..,:i'.~\,,'~: \:'.,.: " >", .. P" , ,J, ... '"" ,'" , '.I" ',""" '. ,', > );~.;,;r'fi,' :~'tP:.i;;;'!iSiH;;:~:'!:l;,~:;:~:&,:\'~jS,~:;i:{~'_(;::::: ',:':> ~,;!:;:'i:i: ..,: . . ..", . "':',:' . 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'~,' ':') '". ,~ , " J ~.f ,",' ,', . .'. :.\ :. .. 01. ,"; ~'~t, , : ffj( ft::':~, ~:.: : ' :~. '. 't./ ; {l;:: )..C. ~?~::.- n ';'~. ;', ~~;~:~:~.: ':'--: " ~,.li:".., rJ.:~'; <.<J. ',.'- i5~,!"'~'~.:' :" .~:~ '. .;. . ~:~ I: . ~ :' I!~:~\\~ ~A!:~ ~}.~,;~' (\"'" '. '" ~i";\:) Mr. .chen=eth moved ?;~.':.?, :~.~ ". :. :. ~"/..,,. ~. J, li;:,,::~: rIo7"~~ ';..:'.' ~"'AJ'" . V~.~:.':t". ..:'.> ~:.; ~;nt'd l:;',(~', ~I'ic"'~'" ~J;;~~i;.~':;::.':;' 1;;,,""';" .;. ~i~;:(:'i' , ~.".f,..j . .. Y\~:)\~~::,:~~;~ .:'., ; . ~ .,' I .~~"',..'.:/ ~/~ '.! ~f,." ,~:::;.. . '.~'~';'>,....~::.c, :~')': ":';:..;/.:-':..><:::....':.... ~". :,::,'", -:,: . .,.J ........,........,.(:....1.. ';'"!' , ,01; , .. T" ~ ." .',....::~,:~.~.,:,< \,,~,'~ .~: ':'.\ '~.' /, . .', "" 't :""':;:;Wl;:~' ':'J:~;".' ~.., ~":" .,i.::....: ", '., ", .: Ii':'-' I .' " ':':, ,':,,., '.. I'" .,' i'~, < :~:'I ~ .Yi:;;' '~.::~. j'., 11' ;. ,: ' y,::'" , V' , ",. . L;~ 1. ,. ~.~Q.~y. ....,. (:;'.. , '!/\ '~'~~, >: ; , . . ,. . , , ....:,... ..' .,.. ,.. :''''''','. ~';, ~. " ~ , . .1 ,. , : . ~. ..,;, ,I . \, ',:/ - 5 - Civil Service Board Meeting November 20. 1984 employees within those departments would be minimal. Chairman Walsh invited employees present to speak. Gertrude Devers of the Utilities Department stated she would like to file n grievance. but did not understand this process. Mr. Walsh asked that she confer '<lith the Personnel Director who would advise her' as to proper procedure. Martha Lopez stated she would like to advise the Board as to why she resigned from the City after 13 years of service. She related she had been mistreated after returning to work in the Motor Pool following surgery. The treatment caused her to get quite nervous and she had to take time off and now has resigned. Mr. Weimer asked the . Personnel Director to conduct an exit interview with Mrs. Lopez; Chairman concurred and expressed appreciation for the concern. Hope W1asiuk asked the Board if Borne form of legal assistance could be made available for the employees. She noted that the City always has an attorney and the Board gets l~gal advice, but employees don't have access to someone to guide them through grievances. She referred to Mr. McClure's grievance relative to back pay and expressed that his grievance was denied because he had not understood all the intricacies of the proceos. Director related that an employee may utilize an attorney at any time they so desire in the processing of grievances. Chairman Walsh stated that Mrs. W1asiuk's comments might be directed to the legislative delegation. Ray Parke asked about Civil Service Rule 14 and its specification that the Board cannot ~ear any grievance relating to the first suspension of an employee. Mr. Kowalski stated that under the prior Civil Service Act the Civil Service Board did not have the authority to review suspensions of less than ten days and Rule 14 was written under that context. t~en the Act was changed in 1978 the Board was granted the authority to review any suspension. The Rules have not. been revised to reflect that change. Chairman Walsh asked 'if they meant that the Act was more liberal as to the Board's involvement in ,suspensions than what the Rule provides? Mr. Kowalski stated this was correct relative to that particular section~ Mr. Parke asked for a copy of the Ordinance. . ting .be adjourned, seconded by Mr. Ho~ch. and motion carried. '~ ~ ;'> :, .' :;,'1,.' ',' .l.......;:.:'<.;;~,>..~.;:.+c~ '." ':. L~,..:...,:(~;......~.: ,~;..,~~:~,~~~.:;I;IJ:~;;i ""'}':~I " j ',:': ."t,. '. .:~. ."" t' ." r' . .. . . :' ~.;.' ::. ~':; ,:i.. :1:' r) ;'.~:"":"{~l}i ::j;}:':',{'i/'~::::' -}":'>,. "i . -... .',::' .... '".',/;:'..~::>.,: ,', '... ,.... ,. 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