11/26/1985
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Proceedings of Civil Service Board Heeting held November 26, 1985
.......
Present: Nugent Walsh, Chairman
Tom Chenoweth, Member
Mary D. Kane, Member
Dr. Joseph Carwises Member
Mr. At Vellucci, Member
H. M. Laursen, Personnel Director
Al Gn1braiths City Attorney
Miles Lance, Asst. City Attorney
Visitors: Skip Kroeger, President) IAFF
Van Horton, V.P., IAFF
William Trullard
John Dieffenbach
Attorney Carol Kolinski
Chairman Walsh called the meeting to order and introduced the members of the Civil Service
Board and the Personnel Director to the audience.
Al Vellucci moved that the Minutes of the meeting of October 29) 1985 be approved.
was seconded by,Tom Chenoweth and was carried unanimously.
Motion
Chairman Walsh recognized Attorney Carol Kolinski, an Associate Attorney with the law
-firm of Stuart Rosenblum. Attorney Kolinski representing Fire Lieutenant William
Widner in his appeal of a one-day suspension requested a hearing under the Civil Service
'\
Rules & Regulations and that a Hearing Officer be assigned to the case from a list of five
names provided to the Civil Service Board by the City. She stated she was not asking for
a hearing'before the Civil Service Board itself as that would surely result in litigation
which would only cause the postponement of her client's right to a hearing.
,Chairman recognized City Attorney Al Galbraith who suggested there was another alterna-
tive to scheduling a hearing for Lt. Widner; that alternative being to request a Hearing
Officer through the Florida Division of Ad~inistrative Hearings. He indicated this
would be done by a rotational system and would he someone other than Mr. Ayers. He
related the State process is a speedy alternative. Chairman W~lsh asked City Attorney
when the City would submit a list of five names to the Board. . City Attorney indicated
he was unable to respond to that question.
Personnel Director advised that a later Agenda Item concerned reporting on the status of
the Board's request to the City Commission that they establish a list of not less than
five names from which selection of a Hearing Officer could be made by the Board.
Cha'irman Walsh indicated it would be appropriate to take that item up at this point.
: Director,indicated that t~ Commission had not yet responded to November nth letter he
sent to them on behalf of the Board. lIe indicated his understanding was that they would
discuss this at their next meeting. Mr. W~imer stated it was also his impression the
request would be considered by the City Commission at the work session prior to the
,\ December 5th CotWnission meeting.
,Attorney Kolinski advised the Chairman,that she could not agree to the use of a State
Hearing Officer, citing that this could prej~dice other current litigation and that
the Code provides that her client is entitled to a Hearing Office~ chosen from a list
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- 2 -
I',
Civil Service Board Meeting
November 26. 1985
of fIve by the Civil Service Board. City Attorney advised that with respect to concerns
for prejudice to any current litigation, he would be willing to stipulate that the City
~lould not raise such an issue in litigation. Attorney Kolinski "/indicated she could not
process with the use of a State Hearing Officer and would prefer to wait to Bee if the
City Commission, at its work session on December 2nd, will provide the Board a list
of five names. She asked that the matter be postponed until after that time.
Mary Kane stated, that if the City Commission would not provide a list of five. she
would ,like to have the Civil Service Board hear the case. Attorney Kolinski indicated
that would be premature because it would generate court action by the City which would
only stall resolution of her appeal for Lt. Widner. It would only be acceptable if
the City would' stipulate to accepting the Board to hear the case. City Attorney advised
the City would not so stipulate.
Al Vellucci moved that the request be tabled until after the 5th of December. Motion
was seconded by Tom Chenoweth and carried unanimously.
Agenda Item #3 regarding the request of W. E. Kroeger, President of the IAFF, Clea~ater
Firefig~ters, for a public hearing regarding new job requirements for Firefighters.
was addressed' by Mr. Kroeger. He indicated the request was for the purpose of allowing
the Firefighters an opportunity to render some opinions on the ~ssues. Mary Kane
expressed concern that the proposed changes were initiated by the Fire Chief and
Personne~ Director without consultation of the Board or the Firefighters. Director
related this' proposal was brought to the attention of the Board at the previous meeting
by a verbal report indicating the recommendation had' been made to the City Manager.
Chairman asked' the Director what procedures were involved in scheduling a Public Hearing.
Director suggested the public hearing be held during the next two weeks, due to the
effectiv.e date of the changes as determined by the City Manager being December 15. 1985.
He related',the O~d~nance provides that the City Manager determines rule changes and
an, effective date thereof and' advises the Personnel Director who has the responsibility
of a~vising'all interested' parties. Thereafter. any affected party including the Board
mar ~equest a public bearing on the matter~ Chairman Walsh inquired as to why the
public' hearing could' not be held' in January as part of the Board's regular meeting.
Di~ector adv.ised" the public hearing should' precede the effective date of the rule change.
Chai~an Walsh ind~cated a difference of opinion with the interpretation of the Code
and stated this was another instance where.,conflict of interpretation exists and
the Board' tleeds independent counsel relative to the matter.
Chairman asked the Director to make it known to the City that this is another instance
of conflict of interp~etation,and reason for the Board needing legal counsel. He stated
in the absenc,e' 'of such counsel, a Public Hearing as required by law should be held and
he saw no reason that .the hearing could not be scheduled for the next meeting. if the
City proceeded to effect the changes prior to that time it would be at their own risk.
He asked for a, motion for a Public Hearing to be heard at the same time as the next
"regular meeting. Motion was mad'e by Tom Chenoweth, 'seconded by Al Vellucci. and carried
u~l1Ri~QUsl,y,
Mr~ Kroeger a~ked' for clarification as to the residency requirement boundaries. The
,Di~ector adv.isedthe requirement boundaries would be the geographical limits of
Pinel,las. County... Chai'rman directed the Personnel Director to put on paper and
specifically state what the proposed rules will state and this is to be distributed
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- 3 -
,
Civil Service Board Meeting
November 26, 1985
to Firefighters and any other emp10yecs to which it may relate. Mr. Kroeger advised
the Board he would like to state for the record thnt the Firefighters understand the
provisions of Chapter 447 and they understand they do not have any bargaining powcrs
as far as new employees nre concerned and they are not trying to bargain the matter.
Chairman asked Director to pro~ced with Director's Report. Director advised that
with respect to the Outside Employment Request and Appeal by Cherie King, that Ms. King
had resigned from the City and this was no longer an item for consideration.
Director advised tho Board that he had directed n letter on November 4 to the Mayor
and Commission relative to their request for independent legal counsel to advise them
on the Parke case and the application of the Supreme Court decision the City submitted
to the Board. There has been no response to this request at this time. Director
assumes it will he considered at the Commission's next meeting. Chairman Walsh asked
the Director to take follow-up action and re-submit the request should the Commission
not take any action at its next meeting.
In that tile Board had previously discussed the status of their request to the City
Commission that it establish a list of five names for Hearing Officer appointments, no
further discussion was held on this item. Director advised the Board that he had
communicated to the City ~mnager, following the last Board Meeting, that the Board felt
employees's assistance on the proposed Employee Assistance Referral Program should be
solicited. He indicated the City ~mnager felt such assistance should not occur until
after staff had completed its review and a recommendation was provided to him, after
which he would consider Union input. Therefore, the Director determined he s~ould not
~ continue to participate in the review of the EARP and had turned over all EARP material
to Mr. Ellis. Mr. Ellis will continue any staff review and further action will occur
from that point. Chairman Walsh indicated he would like to see continuing input
considered from all sources. Director indicated he felt the City Manager would receive
any suggestions from any source on such a matter. Chairman Walsh asked Mr. Weimer if
the City would receive input from the employees. Mr. Weimer indicated that there has
been input from the IAFF.
Mr. Kroeger stated the lAFF held a seminar for its members in May on stress and that
they were prepared to iloplement their own program. He related that because the Fire
Chief discussed this with Larry Browett and asked if the IAFF would be willing to work
together with the City based on the City Manager's desire to develop a City program.
Because of this the IAlfF put their program on hold, however, the opportunity for input
by the Union has not been adequately provided to them. Therefore, they had voiced
their objections to the EARP at the last meeting. He related that the Fire Chief
submitted a letter to the Personnel Director after the last Civil Service Board and was
upset at the lAFF's action, but noted the IAFF was requested by the Board to give them
their input. He differed with the Chief's statements in that letter as to participation
in EARP meetings by Firefighter Browett, stating that Browett attended only one meeting
with the Chief and Mr. Ellis. He concluded his statements by saying the IAFF could
provide to the City Manager, if that was his desiret a proposal for a comprehensive
program, but that the IAFF had not yet been given adequate opportunity for input.
Chairman Walsh indicated that effective communications assmed to be a continuing problem
between the employee groups and the Ci ty and asked the Direc tor to do what he could to
,open up communications between employee organizations and the staff.
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- 4 -
Civil Service Board Meeting
November 26, 1985
Hr. Kroeger stated that the Firefighters have never had a problem of communications
with the City Manager's office or Mr. Wellner's office relative to any programs. He
indicated the only communications problem that exist are between the Chief's office
and the Union. Chairman reiterated 1lis request to the Director to see what he could
do to open up lines of communication.
Director reported on the proposal to eliminate the age requirement for entry into the
Police and Fire service. He related that a meeting has been held and the item is under
consideration. At the same time, the Personnel and other affected departments have
been asked to review the reinstitution of an agility test for Police Officers.
Mr. Kroeger advised the Board the IAFF received the Director's proposal and the reasons
cited by the Director were good; the IAFF had no objections to the proposal. Director
advised the Board, in response to Mrs. Kane's suggestion at the previous meeting,
he had sent a memorandum to all departments asking them to give full consideration to
the use of promotional eligible lists wherever possible. Mrs~ Kane noted that the
Director had also sent out a memorandum on this matter in 1984.
Chairman Walsh advised the Board that he had received a letter from the City Attorney
stating that funds were available for the employment of independent legal counsel to
defend the Board's case (in the Kingsley appeal). He noted that the City Attorney's
letter indicates there may be some kind of limitation as to the hours, however, Judge
Fogle.who indicated the Board should have its own counsel, had indicated that if necessary
he would determine reasonable legal costs. Chairman asked if any Board Members had any
attorney names to suggest for consideration by the Board.
Mary Kane moved that the Board employ Tony Battaglia and, if he was not available, it be
left to the discretion of the Chairman to obtain an attorney for the Board. Seconded
by Al Vellucci and motion cBTried 4 to 1 (Aye~ Kane, Vellucci, Walsh, Carwise; Nay:
Chenoweth). ,
Chairman read letter received from former employee Eunice W1asiuk in which Ms~ Wlasiuk
requests the assistance of the Civil Ser\1'ice Board in being returned' to her former job.
Her letter cited a variety of points, .includ~ng:' 1. efforts had been made through
the courts, by Writ of Mandamus, to di.rect hel;' re-employment but this was unsuccessful;
2. she was not permitted to utilize the Grievance Process, even though the Assistant
City Attorney indicated she had that right; 3., her resignation related' she left in
good standing and' would be re~hired; 4., she was denied re-employment by her Department
Director based on an unwritten policy of the Director that such re-employment is not
approved, 'yet the same Director ,has approved the return of another employee twice;
5. she had extenuating ci'rcunlstances' for resigning in the first place.
Hary Kane moved that this Boa-rd. request that Eunice Wlasiuk 1,S Grievance he h.eard by a
Rearing Officer and in this case and' at that time, be settle~. Chairman Walsh asked
Mrs. Kane if she would' like to amend' her motion to provide that the Hearing Officer
will be pro\1'ided by .the outcome of the Civil Service ~itigation~ Mrs. Kane accepted
that amendment., In discussion, Dr. Carwise inquired' as to whether a non-employee
ha,S a right to have a Grievance heard'., Cha,irman 'Walsh indicated' she had the some rights
~nd s~e ~~d ~ul;'ne~ in a resignation to get her contributions paid by her into an annuity
program.. . Dl;"..C~t'WiBe, ind'icated' tl\at appal:'ently all "parties agree that ,~he did resign.
Chairman. Walsl\ con~urred: and' fUl;'th,er indi'cated' tnat arguments as to whether it should
be heard CQuld: be presented to the,Hearing Officer. Motion on the floor was seconded
by A1 Vellucci. Motion passed' 3 to 2 with Members Kane, Vellucci and Walsh in favor and
Members Carwise and Chenoweth opposed.
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- 5 -
Civil Service Board Meeting
_November 26, 1985
Chairman asked if Board MemberR had other items for discussion. Mary Kane questioned
why the City would have re-hircd an individual who had been dismissed by the City for
falsification of his application. Director advised that if an employee falsifies his/her
application they may be disciplined, including termination. If that individual sub-
sequently returns and completes an application and takes an examination, the Personnel
Department does not preclude that person from being considered for employment. Actual
hiring decisions are made by the departments. Director indicated it was his understanding
that is what occurred in the case being referred to by Mrs. Kane. In response to
discussion of Mrs. Kane, Director stated the Personnel department would process any
other candidates in a similar fashion. Mr. Weimer advised the Board that the City
Manager's office had not been aware of this matter when it occurred but has subsequently
become aware of the situation and is currently reviewing it.
Chairman Walsh indicated that City Attorney told Judge Fogle at the recent hearing that
there was a need for independent counsel for many City Boards, and particularly the
Civil Service Board. Chairman asked the Director to continue his efforts in communicating
the Board's need for funds for independent counsel on suits already filed against the
Board and for conflicts between the City and' the Civil Service Board.
Mr. William Trullard, Heavy Equipment Operator I in the Public Works Department~ advised
the Board he was reprimanded for the careless operation of equipment based on Mr. Ellts,
Risk Manager, saying he was at fault in the incident. Chairman asked Mr. Trullard to
give Mr. Laursen a copy of the Reprimand to_review.. Director stated' there is no relief
provided in the rules for an employee receiving a Reprimand and' related the form given
to Mr. Trullard was a Written Warning rather than a Reprimand.. No "points" are assigned
~,;,., I., :',.. to an employee receiving a Written Reprimand'.. Chairman asked Director if there was any
1{!:",",.", I opportunity for an employee to rebut such a disciplinary action. Director stated there
~{"/:.::,,~ :was no procedure,' however, if the employee wished' to submit some explanation to be placed
X~~;<-:".~,.' in his file as his explanationf he would' be glad to do so. Chairman asked Mr. Tru11ard
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l~~\<," to respond to the Written Warning and prov.id'e this to the Director who will place it
;i,;(.. , ", in his personnel file. Chairman asked the Director to see what 'he could propose.
t:,f,:, . ~..", relative to a policy which would' allow' employees the opportunity to have their view
~I:;:;\>~: made known with respect to such matters as that brought up by Mr. Trullard.
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Van Horton~ Fire Department employee, indicated to' the Chairman that the City's
Hospitalization Insurance Premiums ro~~ 19% on October 1st and that Mr. Weimer indicated
to him at that t1me the City would' have a joint meeting with Union people, insurance
counselor, etc.. He asked' the Chairman if progress had' been made toward that meeting.
Mr. Weimer advised' Mr. Horton that he would respond to that question when Mr. Horton
came to his office with the quest~on..
Mr. Dieffenbach~ employee of the Building' &' Matn.tenance Division, asked' the Boa.rd
if there was any standard procedure to be followed when there was an opening, whereby
the City and/o~ the Board, determined' there was a legit2mate opening, He asked if tne
Civil Service Board' had' any input or d'id' they conduct any rev.iew when a proOlotiol1al list
is made. He relate~ he had discusse~ t~is'with Mr.. Laursen recently and did' not get
any appropriate response. Director advised' Board he had' met with t-lr... Dieffet;lbach and
discussed promotions and the App~entice Program 'for Tradesworker; he ind'icated that
Mr. Dieffenbach felt a recent exam for Tradesworker II should' have been given on an
open co~petitiv.e basis .rather then promotional as it was advertised. "
Chuinnan suggested' that Mr. Laursen reply' to Mr., Dieffenbachs in writing~ his explana-
tion to the question; thereafter, Mr. Dieffenbach to respond in writing as to further
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~W<.";'. clarification needed, with both parties copying the Board. Following this process. the
.:':<';'. Board would be learning more specifically what the concerns are in this matter and
,;:;!~>;' '" ,'\ rel~,ted background, and, if necessary, could better address the issue at some future
~~;l;;~ :::~i::~e auggested the PeTBonnel D1Tector advlsethe Board of the actlvltlea of the
~'J' ,:,'.., '
~l'r?:i::ii," ': .department every month as was done in the past and' the Board would be better informed
on personnel activities.
Mr. Dieffenbach reiterated his question as to whether the Board. ha~ input and previous
knowledge as to when and why examinations are given, are guidelines being followed, etc..
Chairman related that this was the role of the Personnel Director~ '
~,r,t..i,t.!.':~,i,1.'.'.',:,.,'".','.:",:...:,:,:,',:,'.:~:~:;~~e:O~~db~~:~~~t,i~~~~~t~~w;::;~a~~~st~;:c~~~ed:~~l~nb:h~e~::~i~:~e=~mbers
~~,' Mr~ Weimer advised Mr. Dieffenbach he would: personally check into the issue of the
t~~{Y,?].:,/.. , ' Apprentice Program as questioned' by Mr.. Dieffenbach.: Mr. Dieffenbach a.d'\{ised the Board
~":t:::,:';,\".J : that 'Mr. 'Laursen pro'\{ided him with Apprentice Program. and Job proficiency Guide materials,
~~:~{/\::'~:.:':'otherwise attempted to assist him, and' also referred' him to Mr. r1urray for further
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fl~~hj~:;j!.d' There 'being no furthe'I' business, Mr. Chenowetn moved' for adjou:t;nment., The motion was
~~~::'~':~';':.:"::"'. ,seconded by Dr. Carwise and carried' unanimous'ly.
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6 -
Novemb er 26, 1985
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Secretary'
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