09/24/1985
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Proceedings of Civil Service Board Meeting held on September 24. 1985.
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Present: Mr. Nugent Walsh, Chairman
Hr. Torn Chenoweth, Member
Mrs. Mary D. Kanes Member
Dr. Joseph Carwise, Member
Mr. A1 Vellucci, Member
Mr. Gerald Weimer, Asst. City Manager
Mr. Miles Lance, Asst. City Attorney
H. M. Laursen, Personnel Director
Jeffrey Harper, Asst. Personnel Director
Jane Craig~ Personnel Department
APPROVED
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Chairman Walsh convened the meeting and introduced Members Chenoweth, Kane, Carwise,
and Vellucci to the audience. Chairman asked for a motion that both the verbatim
minutes and the regularly prepared minutes of the meeting of July 16, 1985 be approved
so. that the entire meeting would be reflected in the official records. Member Mary Kane so
moved, seconded by Al Vellucci and motion passed unanimously.
Chairman asked for discussion on Agenda Item #2 -- Changes of Classified Positions to
Unclassified Positions. Member Mary Kane indicated that the list prepared by the
Director was incorrect, noting that Alan Smith was listed as an unclassified employee.
She expressed concern that unclassified employees could be fired immediately without
redress to the Civil Service Board. She suggested to the Chairman that this issue be
studied very carefully.
Mr. Gerald Weimer, Asst. City Manager, asked the Board Members to point out any items
on Classified-Unclassified List being discussed which were not in order.
Member Mary Kane indicated that a computer print-out. list of employees that had been
provided upon her request showed a Carol Tresca as a Secretary II within the Building
Department, listing her as a Contract Employee. and that the employee was not on the
'Eligible List for Secretary II. She asked the Director to review this matter,and
! cl~rify it for the Board.
Director noted that the computer print-out list is generally not accurate; that it shows
many positions as "not found" or "unapproved.1I Director will check into the matter of
~he listing of the Secretary II.
Director advised Board Members he had met with Mr. Alan Smith and reviewed his Personnel
file with him. He stated Mr. Smith's job and title were changed in the past and that
this change did move Mr. Smith into the unclassified category" as had been acknowledged
in a memorandum signed by Mr. Smith at the time of the change.
Chairman Walsh expressed concern with the computer print-out list of employees,
specifically relating to listing of employees as l1not foundll or HunapprovedH under their
title designation. He stated he hoped that there were not'employees of the City on the
.payroll who,were not working. Chairman Walsh related further concern that the voter-
approved Civil Service Law was not being followed by the. City. He referenced some of
.the exemptions from the classified service as specified in the law and related that
to the Director's List of Employees Exempt from Civil Service which shows 113 people.
He noted that following the exceptions in the law, he could only find 19 that qualified.
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Civil Service Board Meeting
September 24. 1985
As n Board Member, sworn to uphold the Civil Service Law) he related he was greatly
concerned that about 100 positions were being filled outside of Civil Service and
not within the exceptions that the voters approved. He also noted that in reviewing
the changes that had been made (classified to unclassified) he could not understand
how the following positions could be exempted from Civil Service: Victim Assistant;
Communications Commander; Police Captain; Parking Facilities Manager; City Forester;
Landscape Man; Documents & Records Manager; Oceanographer; Fire Training & Public
Information; Ltbrarian III; Payroll Services (Manager); Chief of Inspection;
Recreation Far,ilities Superintendent; Streets Superintendent; Right of Way Man; Dredge
Operator; Public Services Coordinator. He stated all chese positions should be filled
pursuant to th~ Civil Service Law, and that is they should be Civil Service protected
and not appoin;ed solely by the Manager.
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Mr. Weimer ir,dicated that almost every position mentioned was either 11 Division Head~
Agency Head or Assistant to a Department Head and that is within the Law.
ChairmF.n Walsh said the titles and job descriptions do not reflect that. Mr. Weimer
in~~cated that if the Board would 1ike~ an organizational chart would be provided.
C'lairman Walsh stated the Board only wanted the City to follow the Law, llnd asked that
Mt. Walmer give a report to the City Manager as tQ Che Board's concern in this matter.
ChairU~n Walsh asked Director if he had received a response to a memo sent to the
Managei's Office asking who had requested and received benefits under the Flexible
Benefits ?rogram and' what were the costs so far? Director related he had not received
a ~esponse at this time. Chairman asked Mr. Weimer if he wished to respond. Mr. Weimer
adv~sed that the administration's position on this issue was contained in the report
sent by the City Manager to the City Commission and Civil Service Board. He related
that due to the press of time involved in preparing that report~ he had not prepared
the list requested. He stated that list would be sent to the Board.
Chairman Walsh expressed concern that only 3% of Civil Service employees were to get
this benefit. He questioned why it was not equally applicable to ali City employees;
what was the cost to the taxpayers; and why wasn't it approved by the City Commission?
He related that in his review of the City Charter~ he could find no authority for the
Flexible Benefits Program and questioned where was the law saying public monies could
be spent on a select few chosen by management? He related that 8xecutive personnel
were. getting fringe benefi.ts exceeding that received by the general employees, includ-
ing a cash bonua~ clothing allowance. additional life insurance~ and considerably
higher sick leave benefits. He referred to the report that was forwarded by the City
Manager to the City Commission and the Civil Service Board, indicating he hoped this
would be aired at a Commission Work Session on September 30, 1985 and that some of
these questions would be answered.
Miles Lance~ Assistant City Attorney. asked the Chairman if there was a claim that the
Executive Pay Plan or the Flexible Benefits Program were illegal in some way? Chairman
indicated the concern was the creation of benefits to be used exclusively by manage-
ment and executives, rather than their being made available to all employees.
Mr. Weimer stated that executive and management employees do not re~~i.\,e all benefits
. of other employees. Discussion between Mr. Weimer and Mrs. Kane reflected that all
managerial and executive employees do not participate in the Pension Plan; likewise
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Civil Service Board Meeting
September 24. 1985
not all Civil Service employees participate in the Pension Plan.
Member Mary Kane related that the 75% sick leave benefit upon retirement which wes
an original part of the Flexible Benefits progr.am had been withdrawn by the City
due to the cost; one employee receiving approximately $9000 for this benefit. She
related that subsequently she had learned that management is reviewing the benefit
again for possible reinstatement. Mr. Weimer verified that such n review was
taking place and there was even a possibility that this sick leave benefit could be
used in future collective bargaining negotiations.
Relative to Item #4 on the Agenda (Discussion of Guidelines for Disciplinary Action
and the Point System), Member Mary Kane Tead memo from E. J. Robinson to the Director
concerning the Affirmative Action office stamp which the Board had prev ious1y
expressed concern about. She also discussed the use of the point system in firing
employees, stating that nowhere in the Civil Service Rules does it pr.ovide for a
point system. She related that Mrs. McCann of the C.W.A. Union had stated at the
last meeting of the Board that the C.W.A. had not approved the Guidelines for
Disciplinary Action. Further>> she related that the I.A.F.F. and F.O.P. had not
approved the point system.
Chairman Walsh shared Mrs. Kane's concerns that the Guidelines had never been approved
by the Civil Service Board or the City Commission. He related they should only be
used as guidelines and should not be the basis for employee termination. The City's
use of the Guidelines in a questionable manner would subject the City to a lawsuit
and he stated the City should stop using them immediately and have them properly
brought before the Commission and the Civil Service Board.
Member Mary Kane initiated discussion of the staffing of the position of Assistant
Purchasing Officer (Agenda Item /15)., She related the history of the audit review
done on this position which had begun in December. 1984. The original audit
'J,. :recommended a pay range change from Range 58 to, 52; subsequently further review was
accomplished and the position upgraded to Range 62. She inquired as to whether there
would be an exam for the position. Director sun~arized the process of review which
had occurred on this position. The length of the review process was brought about
by the original audit relating specifically to what tasks the incumbent actually
performed, whereas after retirement of that individual it was determined by Pur-
chasing and Central Services that the position should carry greater' rC6ponsibilities.~
It was on this basis that the upgrading was justified. Director advised Mrs. Kane
that the professional staff had recommended the use of a T & E rather than a ,~ritten
exam as being most appropriate to test for this type of position.
Item #6. Discussion of the Utility Accounts Superintendent was addressed by Member
Mary Kane. She asked why an employee in the Utilities Department who was an "Acting'l
employee in the job class, was not appointed to the job. The test was advertised
by the Personnel department to establish "open and promotional eligibility listsll
and the exam announcement said the exam would cover evaluation of the applicant's
education, training. and experience. Mrs. Kane stated this was not done; the City
ignored this announcement. The announcement, un~er minimum qualifications. listed
graduation from a college Wittl a degree in accounting or business administ~ation;
th~~e years' experience as a customer accouuts manager or office manager, preferably
in a public utilities; or any equivalent combination of education, training~ and
experience. She questioned how an Army Lieutenant Colonel qualified under such
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- 4 -
Civil Service Boord Meeting
September 24, 1985
requirements. She usked if this is how the City treats employees who are qualified
for promotion and why the announcement for this position was not followed. Director
indicated the issuance of the onnouncemcnt for the position of Utilities Account
Superintendent as reflecting an exam to establish open and promotional eligibility
lists was an error on hiB pnrt. City management had requested the Peraonnel
Department to assist in recruiting and evaluating for the pOHitlon even though it
was outside of Civil Service. Such a request is not unusual, as evidenced by the
department's recent participation in the Assessment Center for the City Attorney.
However, the notice of the job opening typically says the Personnel Department is
accepting applications for the position of He related there are no
Eligible Lists established for unclassified positions and the reference to that on
the notice was simply an error. He noted that the original intent was to use a
graded T & E in the evaluation process but that was changed after the announcement and
the T & E .not used. Instead, the Utilities Department evaluated the applications/
resumes and determined which candidates to interview. Mrs. Kane related that the
City employee not selected was very well qualified; was a CPA; and that the Utilities
Department did not even advise him of who was selected. She stated the purpose of
Civil Service - you're under six months' probationary period; at that time if you
don't qualify, you're fired. In this particular instance, a qualified City employee
who had been acting in the position and was trying to get a promotion, was passed
over by the department which hired an outsider with no experience in public utilities.
Chairman Walsh stated it was interesting that even the Personnel Director, with his
many years of experience, was confused as to whether this position was classified
or unclassified and didn't recognize this was a division head until someone told him.
Director related that the error in the notice was in the heading which refers to
Eligible Lists; however, in the narrative of the Notice it specifies that the
position is executive-level, appointed by and serving at the pleasure of the City
Manager. He related it has been an established division head position for a number
of years.
Mrs. Kane related that the Director's role is to see that if City employees qualify
they are recommended for promotion.
Chairman Walsh noted that the Civil Service Law contained a section which provides
that the Appointing Authority may fill any exempt position in the same manner as
classified positions. Director concurred and related that in many instances this
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is done. However, the determination of whether to do so is made by the City Manager_
,.He re~ated that the Personnel Department had Dssisted in selection processes for
such positions as Library Director, Utilities Director, Police Chief and City Attorney.
He noted many positions at this level have resulted in the promotion of City employees.
Hrs. Kane inquired about the practice of schecluli.ng open and promotional examinations. .r
She questioned why promotional examinations, such as Library Assistant III were
being scheduled when employees were already on an Eligible List. Director related
that the Rules provide that the Appointing Authority may r.equire five score groups
iri a certification; this requires additional testing when there is' an Eligible List
with less than five score groups. There are also times when multiple openings are
projected or a list. has a high turnover rate that the Director determines additional
testing should be accomplished. Chairman Walsh suggested the Director prepare a
report relating to this matter.
Member Mary Kane asked about having an outside Consultant perform a Pay & Classifi-
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- 5 -
Civil Sarvice Hoard Meeting
September 24, 1985
cation review. She inquired 3S to whcn the last such review had been done. Director
indicated the last time a Consultant did a total review was approximately 1973.
Mrs. Kane recommended that the City Manager look into the matter of a Pay Plan review.
Mr. Weimer indicated he would recommend this to the City Manager.
In preparation for Board review of the Appeal of Cherie King regarding her outside
employment restriction by the City. Director read the appeal procedure from the
Civil Service Rules. Chairman Walsh asked the employee to come forward and present
her case.
Cherie King asked the Board to postpone the item until the next meeting, indicating
that she had changed occupations (in her outside employment). Director suggested to
the Board that since the employee had changed her outside work activity the original
restriction would no longer apply. Chairman Walsh concurred, and advised the employee
,to re-submit her request through the City. Member Mary Kane moved that the item be
deferred until the next meeting, seconded by Member Carwise and motion carried
unanimously. Ms. King stated she had submitted a new request form but had not
received a response from the City. Chairman Walsh suggested she re-submit the request.
Director advised the Board on Item #10 that Ray Parke had initiated a Grievance
through the Union grievance procedure, that the Grievance proceeded up to the level
of the City Manager, at which point it was denied and the Union decided not to take
the Grievance to arbitration. Mr. Weimer corrected this, indicating that the Union
originally advised the City Manager they would take the Grievance to arbitration but
then subsequently advised they had changed their position.
Director related to the Board. there wag some concern as to whether an employee could
switch ove~ from a Union gri~vance procedure to a Civil Service grievance procedure
after initiating the Grievance. He provided Board Members with n copy of a memo
relating to a legal case concerning this type of issue.
Chairman Walsh indicated that having received such a .memo without a chance to review
it, the item should be deferred until the next meeting. Motion to defer the Appeal
of Raymond Parke to the next meeting of the Civil Service Board was made by Mary Kane,
seconded by Dr. Carwise, and carried unanimously.
Director reported the packet of information provided to the Board on the issue of
Confidential Employee List (issue of 6%-8% wage increase) was a compilation of the
various letters that have gone between Personnel and the City ~anager's Office.
Material was provided as information material. Director indicated he had submitted
a request to the City Manager's Office following the last meeting of the Board
asking that the item be brought before the City Commission as the Board had.questioned
whether they were aware of tbe status of the list approved by PERC. He stated he
had not received a.specific response, however, he believed the City's response was
contained in the overall report provided by the City Manager to the City Comnlission
and the Civil Service Board. In response to Chairman Walsh's inquiry, Director
related that the response of the City Manager to the list of confidential employees
was that the original list approved by PERC .never included a list of confidential
employees; it merely identified by reference to criteria in the Statute which defines
confidential employees. The list recently submitted (a year ago) to PERC, jointly
by the City and the Union, was not approved nor disapproved~ but merely not acted
upon because'it did not contain in-depth detailed information they require.
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Civil Service Board Meeting
September 24. 1985
In response to questions by Chairman Walsh. Director indicated that the list used
forlthe 8% wage increase was prepared by City staff based on the criteria provided
in the Florida Statutes and the PERC Certification.
1be list prepared by City staff was approved by the C.W.A. which joined the City in
in filing a petition with PERC. Director advised Chairman he could not address the
extent of the knowledge of the City Commission on specific questions as to the list
of confidential employees in that he does not have regular contact with Commissioners.
Director reflected that the issue is simply a 180 degree difference of opinion between
the City and the Board on this issue. Mr. Weimer advised the Board this was a Union
. City problem and that the Union was satisfied with what the City had done in agreeing
with the list. Mrs. Kane said she had checked with the CWA and they did not know the
list had been disapproved until Mr. Scates, their representative from Orlando. recently
advised them.
Mr. Weimer indicated that Mr. Scntes. as their representative. was the one individual
who had authority to deal with the City on this matter.
Director ~epo~ted to the Board that the Suit of Ms. Wlasiuk against the City (which
had been denied, but was amended) was to be heard on October 4th relative to the City's
Motion 'to Dismiss.
Director reported that a recent. issue of the national magazine TRAINING contained an
article on the Tampa Bay Area Training Consortium. Training Officer Bob Murray is one
of the four Training Officers involved in this Consortium and the City is proud of
Mr. Murray's contribution to the effort which prompted the national recognition.
Due to the Court cases and other issues facing the Board at this time, Mrs. Kane moved
that the Board meet on a monthly basis until the issues are resolved. Seconded by
Al Vellucci and motion passed 3 to Z (Kanet Vellucci and Walsh in favor; Chenoweth
and Carwise opposed).
It was determined that the October meeting would be scheduled for O~tober 29th;
, subsequently] mon~hly meetings would be on the third Tuesday of each month.
Under Citizens/Employees to be heard, one individual asked if the position reference
under Agenda Item #5 (Assistant Purchasing Officer) was classified or unclassified.
Director advised that the position was classified. The citizen/employee stated that
there was someone with fifteen years of experience but that somebody that has been
running the job for six months has a better opportunity to get acquainted with the job.
Chairman asked the Director to look into this.'
Mrs. Kane thanked the employees for attending the meeting. She stated the Board was
working hard to help them and if they had any problems they know where to come.
Chairman Walsh concurred with Mrs. Kane as to the turn-out in support of Civil Service.
He indicated the five members serve voluntarily. lIe suggested Chol:le concerned with
. Civil Service should express that to the City Comnission and attend the Work Session
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Civil Service B~ard~Meeting
September 24. 1985
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