07/16/1985
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Proceedings or Civil Service Boord Meeting held July 16, 1985.
Members Present: Nugent Walsh
Mary Kane
Tom Chenoweth
Dr. J. CorwiBe
Al Vellucci
Chairman
Member
Member
Member
Member
APpnOVED
c. 5. u. U1NUTES
Mike Laursen
Miles Lance
Louis Kwa!l
Personnel Director
Attorney for City of Clearwater
Attorney for Joseph DeSantis
Chairman Walsh opened the meeting, introducing Board Members to the audience.
Tom Chenoweth moved for approval of the Ninutes of the Board Meeting of May 14, 1985.
Motion seconded by Al Vellucci and passed unanimously.
Chairman Walsh noted an error in the Minutes of the Meeting of May 21 wherein the last
paragraph on Page 4 had the word "otherH omitted (should read II...DOA Officer other
than...." ratheI' than II...DOA Officer than..."). With this correction, Tom Chenoweth
moved for approval of the Minutes of the meeting of May 21, seconded by Dr. Carwise,
and motion passed unanimously.
Chairman discussed Agenda Item 2 (City Suit Against the Civil Service Board). He
summarized the suit as relating to three areas, as follows: (1) the Court is being
requested by the City to reverse the Civil Service Board's action of dismissing charges
erroneously brought against an employee (Parke); (2) the Court is being requested by
the City to reverse the Civil Service Board ruling against an employee wherein the City
failed to follow Civil Service Board Rules (Hebert); and (3) the City requested an in-
junction against the Civil Service Board from conducting a public hearing on an employee
grievance (Murphy). He indicated the City had been aware of the error in the Parke case
for Borne months and took no action to correct the error. Chairman also advised Board
Members concerning letter he previously had written to the City Commission relative to
suggestions as to resolving the matter of selection of Hearing Officers.
Chairman moved to Agenda Item #3 (Request for Civil Service Ruling on the Termination
of Joseph DeSanti~). He asked Assistant City Attorney Miles Lance to read letter
directed to the Board by the City. Attorney Lance read the letter which suggested
the Board defer action on the Motion for Hearing filed by Attorney Louis Kwall on behalf
of Joseph DeSantis until such time as an appropriate court established tbe meaning of
'Section 25.05 of the City Code and further noted that should the Board proceed with the
Hearing, the City would not recognize the proceeding hased on the question of jurisdiction.
Chairman expressed concern as to the City Manager not following Civil Service Rules and
'related that deferral of the issue might prejudice tbe position of the Board in the sult
filed against it by the City. He related that the,matter of the City's response to
OeSantis was a proc~dura1 matter, not requiring a Hearing Officer.
Chairman asked Attorney Louis Kwall to proceed with his Motion.
Dr. Carwise moved that the matter be tabled unt'll the matter bas been resolved by the
Court. Seconded by Tom Chenoweth.
Chajrman asked Attorney Kwall to proceed with his Motion. Attorney Kwall sunwarized the
contents of his Motion to the Board, noting that the City did not respond within ten
days' t~ the Answer and Explanation of Sergeant DeSantis as specified in the Rules. He
'further related the record of DeSantis for eight' years in the Police Department including
his recognition as 1983 Knights of Columbus Officer of the Year.
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- 2 -
Civil Service Board Meeting July 16.\1985
Attorney Lance indicated for the City that the letter he previously rend reflected the
City's response. adding that there had been substantial if not literal compliance
by the City in its response to Sergeant DeSontin.
Mary Kane expressed concern about the City's ability to properly terminate an
employee. She moved that the Motion to Dismiss Charges is properly before the Board
as n procedural item, that the City failed again to meet the minimum requirements of
Rule 14. Section 7B, by not responding within 10 days to Sgt. DeSantis' Explanation
and Answer, and therefore to dismiss the charges preferred against Sgt. DeSantis by the
City. '
Chairman asked Dr. Carwise to re-state his earlier motion which had preceded Mrs& Kane's
motion. Dr. Carwise moved to table, Item #3 until such time that the matters before the
.' Court are resolved by the Court. Seconded by ;:t:.Im Chenoweth. Motion failed with
Members Carwise and Chenoweth in favor; Members Kane and Vellucci and Chairman Walsh
opposed.
Mary Kane moved that Sgt. DeSantis' Motion to Distnias Charges was properly before the
Board as a procedural item; that the City failed again to meet the mininum requirements
of Rule 14, Section 7B of the Civil Service Rules by not responding within ten days
to Sgt. DeSantis' Explanation and Answer; and therefore) to dismiss the charges preferred
against him by the City. Seconded by Al Vellucci. Members Kane and Vellucci voted
in favor of the motion. Member Chenoweth voted against; M~mber Carwise abstained. After
discussion relative to whether a member could abstain and concern expressed by the
Chairman as to the City violating the same Rule in six months, Chairman Walsh voted in
favor of the motion. Motion passed 3 to 2.
Attorney Kwall's three Affidavits relative to his Motion were provided to the Director
for filing.
Chairman directed Board attention to Agenda Item #4, determination of Civil Service
Rule 7 relating to the removal of candidates from the Eligibility List. Mary Kane
advised tha~ having requested this item to be listed on the Agenda by the Director.
following disusaion with the Director, she felt the issue had been resolved.
Chairman Walsh related his concern to the Director as to his a~tions of removing
Mrs. Wlas1iuk from an Eligibility List while she had pending litigation against the City
as well as, not informing the Board that her suit -- which had been reported to the Board
as having been concluded -- had been refiled (amended). Director ,advised Board Members
he had only recently learned of,the amended suit.
Chairman indicated Director is to keep the Board fully informed as to issues such as
that being discussed. Director is the liaison between the City Manager and the Civil
Service Board.
Director reported on Agenda Item Sa, referring to a list of positions ~hich had been,
changed in status from 1978 to the current time. He noted that the list ~as incomplete
and that further review would be required and that an updated list would be provided
to the Board. The list includes positions changed from classified to unclassified~
from unclassified to classified. or newly established unclassified positions.
Mary Kane questioned how the 'City could take classified positions out from under Civil
Service. noting that such changes were never brought to the Civil Service Board. She
related that one employee, a Police Captain, had been provided a wage increase to sign
out from Civil Service.
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- 3 -
Civil Service Board Heating
July 16, 1985
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Chairman asked Director a number of questions relating to the list, the number of
unclassified positions, and the, extent of Director's participation in the changes.
Chairman noted the Director serves both the City Manager and the Civil Service Board,
and di~ected the Di~ector to timely inform ,the Board of any changes affecting the
personnel of the City.
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During continuing discussion, Director advised that a legal opinion following the
passage of the current form of Civil Service Ordinance indicated that to the extent
the Rules vest power in the Boa~d relative to job classifications, the Rules were not
effective. He indicated that most of the positions whose status as unclassified was
being questioned were covered by Section 25.02, paragraph 5 which e~empts division
heads.
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Chairman asked when the City Commission had approved the various changes and who
determined they were unclassified. Director related\ that the organizational status of
the position was the primary determinant of their status as unclassified and that the
City Manager, to his best knowledge, was not required to take conversions of positions
to the City Commission.
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In further discussion, Director noted that many of the unclassified positions have been
I filled ~y 'employees from the classified service. Chairman expressed the view that the
Ordinance does not require that department heads, division heads, and others be out of
civil service, indicating that they can be but do not have to he.
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'Tom Chenoweth read position portion of the legal opinion previously referenced by the
Director. Chairman indicated that no one has the authority to make someone exempt
unless they fall within the classification voted in by the voters in the Ordinance.
Board discussion concerning Item 5b proceeded with the Director summarizing the purpose
of the Guidelines for Disciplinary Action. Mary Kane expressed concern that the Civil
Service Rules do not reflect any basis for the assignment points in discipline nor
for the Guidelines. She also related concern with the delay in the processing of
disciplinary action, relating the effect on employee morale.
Director and Mary Kane discussed the process used in disciplinary action recommendations.
Director indicated concurrence with Mrs. Kane's view as to the timeliness problem in
disciplinary action and indicated the City had just recently instituted a new Rapid
Processing System to resolve this problem~
Director explained the use of progressive discipline concept by the City and why the
point system had, been developed to assist in evaluating non-repetitive infractions of
rules by employees.
Chairman Walsh was advised in response to questions he raised that the Guidelines for
Disciplinary Ac~ion had not been submitted to the ,City Commission or the.Civil Service
, 'Bqil'rd' for' appr:o-.ral.. He related' they must he used' only as Guidelines.
Chai~man expressed concern over the use of a stamp in the Affirmative Action Office
which says "Approved - Affirmative Action. It He felt that the wording to be prejudicial
to the employee and asked the Director to take this matter up with the proper
, authorities.
Mrs. Kane requested that the Affirmative Action Officer be at the next Civil Service
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- 4 -
Civil Service Board Meeting
July 16, 1985
Board Meeting. She also questioned w~ether there is an Affirmlltive Action Committee.
It was indicated there is such a committee Gnd its composition will be provided
to the Board.
Discussion as to the Flexible Benefits Program, recently initiated by the City
Manager, ensued. In response to concerns expressed at the last Board Meeting, Director
adVised that in his contacts with the City Manager's Office and Legal Department, there
were no known violations of any laws by this program's implementation. Mrs. Kane
asked if the City had contacted the Fair Labor Standards Act representatives regarding
this program. Director indicated that contact would be made with FLSA representatives
in 'tampa.
Chairman questioned Director as to the extent of his participation in the development
of the Flexible Benefits Program, whether it had been approved by the City Commission;
and related his concern ss to its discriminatory impact by applying to about 3% of
classified employees. Chairman asked the Director to take this matter back and see
that is aired -- hopefully before the City Commission
Discussion was directed to the City's position in the granting of a 6% increase to
some employees and an 8% to others it deemed confidential. Concern was expressed by
Chairman and Mrs. Kane as to whether this was appropriate given questions as to the
Certification of the Bargaining Unit by the Public Employee Relations Commission.
Chairman asked the Director to see that this matter is brought to the attention of the
City Commission, in that they had approved this differential, but without all eBsential
information relating to the PERC Certification.
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Mary Kane moved that Attorney Roger Moss represent the Civil Service Board on the suit
filed against the Board by the City Commission, seconded by Al Vellucci, and motion
passed 3 - 2. Chairman Walsh and Members Kane and Vellucci voted in favor of the
motion; Members Carwise and Chenoweth against the motion.
Chairman indicated concern that Members had not been provided all the information they
needed to serve as Members by the Director and requested that Pay & Classification
Plan and other materials be provided to the Board.
Director advised the Board of the receipt of a request from Cherie King) Library
Department employee, asking that the Board review the City's decision to restrict her
outside employment. Board agreed that this item would be reviewed at the next
regularly scheduled meeting.
Mrs. Kane requested that the status of the employee in the Purchasing Division who
has been in that position for six months without an exam, be brought before the Board
at the next meeting.
Mrs. Kane and Chairman questioned the Director relative to whether his outside
employment has to be approved by the Board. Director advised that in the past he has
followed the same procedure as required of other department directors. Chairman asked
the Director. to keep the Board informed in the future of any outside employment:.
Mary McCann; Vice President of the Communications Workers of America (CWA) stated
that, the Director has stated the CWA approved the Guidelines for Disciplinary Action
and that the CWA had not approved them.
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5 - '
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Ci~il Service Boa~d Meeting
July l6~ 1985
G~eg Sm~~haske4 ,the ,Director if the Flexible Benefits Program'was going to be posted
in the, ~arious' departments of the City. Director indicated tl1st it was up to'the
City, Manageri however, he would be glad to provide Mr. Smith with a copy should he
cQ~e by and' make that request.
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,n~, Ca~ise rnoved',the'meeting be adjourned and all Members voted in favor.
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