Loading...
01/21/1986 ,:'.:" ",.r:I:.:",~'..:,,~.;.:,/~t'l.: ... "~I '.' .:"., ',,' .'.... > : ~>'.ll.,.'~:,',"~ a".:: .' " ". . ",: L ',j' ,':., ." ~..,l'j' ,.,.:.......,:....,r' L..\_~.-:~:.~, ~ Proceedings of Civil Service Board Meeting held January 21, 1986. Present: NlJ1ent Walsh, Chai.rman Mary o. Kane, Manber. Al Vellucci, Memb3r ',. / ' , '. ... i"'c1) _> I: c. q c c , " " ..,',.' ,. c' _ : {. > ~, j. 7.r. . c' , . . , ..., . ; , ~'. \.:: .': ;. . ,~ , . ~ . .,t. , C,;' ~~~ '.' " ~\~ {'.., ,r<, ~ -!~ Absent: Tan O1enowath, Manter Dr. Joseph carwise, Manl:er Jim Moore, Doug Wlasiuk, Eunice Wlasiuk, Ed Desmarais, c SOb Davidson, Sid snair, Fred Ratley, w. E.' Kroeger, John Nicholson, Bm Meyer, Leslie COllins, Channel 8 representatives. H. Michael Laursen, Personnel Oirector Jeff Harper, Assistant personnel Director Milton Galbraith, City Attorney Gerald Weimar, Assistant City Manager visl tors: Chairman Walsh called the neeting to order and introduced nanl::ers present and the Personnel Director. Due to. the absence of two Board members, and in a spirit of cooperation, Chairman Walsh asked that consideration ba given to holding approval of the Minutes' until a subseqtEllt neeting when rrcre Board nanbers \\ere present. Mary , Kane moved that the Minutes IE held until a subsequent rreeting; rrotion seoonded . by Al Vellucci and passed unanim::msly. Director advised the Board of the status of Agenda Item *2, relating to the request of W. E. Kroeger, president of IAFF, Local USS, representing Fire Lieutenant' William Widner, in the app;a1. of Lt. Widner's suspension. Director advised the Board had tabled this item at its November 26, 1985, rreeting. He 'was advised this week by Lt. Widner's attomey that Lt. Widner and the City have entered into a Joint Stipulation \+iherein the parties have agreed. to utilize a Statec Administrative Hearirlg Officer in this appeal. Chairman asked Mr. Kroeger to respond. Mr. Kroeger advised that the parties entered into a Joint StipUlation which satisfied their needs. Chainnan indicated that, given the agreement between the employee and the City in this natter, no action \\'as ooc:essary by. civil Service at this tine. Chairman asked for discussion on Agenda Item 13, "Discussion re: Joint Meeting wi th the City conunission. II There teing 00 discussion, Chairman tabled this iten. '-. Director reported to the Board that in accordance with the Boai'!."dfs re~t relative to independent legal moosel for the Beard in the Raynond Parke case, he had sent a letter (Oecemrer 9th') to the Mayor 'and City CCmnission relative to this itan. ~:,:~~':'~1-'I':~'>n':':.":.T~.~..;. \;" ,; "~.,', " '. '." "' ,1":,,'4..' ::...>..~...., I '.. ",..: j :', . .., ~I, " i' .r.~.,,'.~<>~\.~...;':..:.r~....::;.~~~.'. _.\>~t ,",~:.\~ - 2 - Civil Service noard Meeting January 21. 1986 o Chairman asked the Director to prepare a surrrnary of the status of cases for which the Board has attorneys. Director indicated the COTmiBsion .had authorized the Board independent counsel relative to the writ of prohibition (Kingsley alBe). A surnnary status report as r~sted will b:! provided. Director advised the Board he had written the un10n presidents and others asking for their input on ways to improve o:mnunications batween employee organizations . and the City. Although no responses had 00en received, he related the City management and the a-m. already neet quarterly to discuss issues of concern (as provided in the' Caltract) and representatives of the police and fire lmions neet periodically with the City Manager or his representatives. Mrs. Kane asked the Director if all CWA union nenmrs \\ere advised when the quarterly m:!etings \lfere scheduled. Director advised that rreeting schedules are made up by Mr. Wiemer, and the 'Union determines which of its 1.=EOple participate in such rn;!etings. Director advised the Board he has written a IlEIOOrandmn to the city Manager advising him of the Board's action that a Hearing Officer should I:e provided to hear an appeal of Eunice Wlasiuk, rot it rot l:E acCXlTlPlished lmtil after oourt litigation establishes how Hearing Officers are appointed. Director advised the Board he had responded to qu:o..stions raised by anployee Jdm Diffenbach at the last neeting of the Board. He has rot yet received a response fran the anployee.. ,. ."7\ .' '.'0 Director provided copies of a status report on activities of the Personnel Departmen t for the Month of Oeceml:er, 1985. Mrs. Kane had reqtE!sted at the November meeting that a report of activities I:e provided to the Board each ItPnth. ..' \. Director advi sed the Board that M-T'S. Jane Craig, Administrative secretary, had retired after 23 years of service and suggested the Beard might wish to take some .action to recognize her years of service.. Chainmm indica~ such action had been contempla t.ed and this natter w:>uld I:e addressed under "Other Items for Board Calsideration." . . Chairman asked Director if the Public Hearing on the New Requirements for Firefighters O'Juld l:e properly held in the absence of ~ Board n-embars. It was the Director's opinion that with a qoorum present the Board could proceed. It was also indicated that appropriate public rotice had been provided for this hearing. Chairman asked city Attorney if the Legal Department had reviewed the requirements and found than to l:e legally sufficient. city Attorney Galbraith expressed opinion that the items \tiere properly in order and legally sufficient. Chairman noted it was clear that the ttoo STOking and residencylt requirarents were intended to apply only to rew hires, but it was IX>t as clear on the EMT requirement. He asked for clarification of the City's intent. Personnel D trector and the ci ty Attorney l:oth indicated that the EMT requirement was to apply to new hires and rot to current anployees. ., . i:. I "'0 ': i.~. ~ .-I.. . . .,' - 3 - Civil Service Board Meeting January 21, 1986 ~ Chairman suggested the Public Hearing proceed with the following dlange: the ru Ie on "00 srrcking and residency1t should rot re in Rule 20 which is for General Cond! tions of Employment for City anployees bJ.t in Rule 22 which relates to special requirements for the police and Eire deparbmnts. Assistant City Manager Gerald weim::!r indicated acceptance of such dlange. Chairman indicated the items \!.ere within the discretion and authori.ty of the Board for action. He related that following presentations by the City, the W'F, and any others who wished to speak, the city w:mld b3 a1lo~ tilOO to request a continuance of the hearing if it desired. Mr. WeiJrer provided copies to the Chairman for the rerord of the City's p:Jsition on ea ch 0 f the th ree requirements. Me. wei..1rer presented infonnation fran the contents of: the Ci ty' s position paper on the EMT requiranent, noting that a Clearwater Firefighter <anonynous) had written an article lIihich appeared in the National Safety council's Pinellas County Chapter's publication Safety Sharing Times which indicated that:. firefighters are Red Cross first aid nen and injuries that accompany fire receive attention frem firefighters. Further information related to the ~ of energencies to which firefighters resfOnd wherein medical training is needed and indicated 80 percent of clearwater's emergency calls \Ioere for errergency rredical services. Chairman Walsh asked Mr. Kroeger if he was in agreerrent or disagrearent with the City's position on the EMT requirement. Mr. Kroeger related the IAFF had no objection to the new EMT requirement. He related that there are currently several different groups of firefighters/officers lUlder different EMT oonditions because of union contract provisions and past practice. Assistant Chief Boo Meyer further explained the different condi tions that currently apply to existing personnel. Chairman Walsh asked Mr. Kroeger if there ware any changes in the new requirement he would like to have changed. Mr. Kroeger resp:>n:red that the new requirement was acceptable. Chairman asked if any other member of the atXlience wished to speak on this matter. There being no further input, the Board rroved to the next issue which was the residency requir~nt. Assistant Fire Chief Meyer spoke for the 'City on the residency requirement. He related that many current firefighters live outside of Pinellas COunty and this puts a ser iOllS impact on the Fire Departrrent in ti.rres of arergencies. Chainnan noted the Board had the City IS msition paper on this item. He asked Chief Meyer to provide' the DeparbYEnt 's jlJStification for this requirerrent based on his first-hand knowledge and experience. Chief Meyer then related fuat currently one-sixth of the firefighters live outside of the Coilllty. In the case of an emergency such as a tornado, hurricane, or large structure fire, it is necessary to relieve Firefighters after al::out 30 minutes due to exhaustion. 'rt1e abili ty to have' recall capabilities and rapid return to WJrk thus is a crucial need for the Departnent. In the hurricane situation this year, the Deparbnent exper lenced difficulties in recalling firefighters. He related that Mutual Aid agreerrents with other cities mre helpful, but in najor at'IIergencies (hurricanes, tornadoes, etc.) those cities \t,Ould oot I:e able to assist oocause of their own needs. ''J I , , ) , ......... ':c,U o .~.. () . 'I .l} , .~.',O - 4 - Civil Service Board Meeting January 21, 1986 In response to a question fran AI Vellucci, O1ief Meyer advised that the Fire Department currently has a call-in list area which is KlDstennan Road to the north and Park Boulevard to the south. 'lbese people live within a 20 to 30 minutes response tirre. After some discussion as to the existen~ and rem::>val of residency requiranents for city employees, Chief Meyer ooted the city's p:>sition paper revealed that Courts have continually upheld the existence of residency requiranents for police and fire. Mr" Kroeger indicated it seemed firefighters had teen singled out in this issue. Further, he noted that he believed SCI1'e of the problans experienced. in the recall of firefighters during Hurricane Elena were caused by mpxoper utilization of the call-in list. He stated firefighters living in Pinellas County were not called to return while others rep::>rted in voluntarily. saoo firefighters were called at horre even after they had already reported in to work. He further related that mutual aid provides back-up and cited a recent incident where other cities did provide such assistance.. Mr. Kroeger then related reasons why the IAFF objected to the residency requiranent, incl1:rling: I) the issue of freedom to live ~ere you want to, particularly relating to the crowding of schools; 2) the issue of friction that will result in a year or b<<> when some firefighters converse about roving and s:::m:: can do g) and others cannot; 3) the fact that the number of firefighters-approximately 24-living outside of PInellas County is oot a sufficient numl:er to justify a residency requirement; 4) the impact on the s,pouses in terms of their ability to obtain employment in other areas which could cause financial difficulties for the families; 5) the fact that this change will oot provide any relief to the Department for six or seven years b3:cause of the limited hiring oone in the Fire Deparbnent; and 6) the fact that, notwithstanding the courts' supp:>rt of similar restrictions, it is discriminatory. Chairman Walsh asked Mr. Kroeger if there was any type of residency requirement which WJuld bE!: appxopriate and acooptab1e. Mr. Kroeger responded there were oone at this tine. Chief Meyer related that during Hurricane Elena s:me of the firefighters that were allowed to g:J l'nle to secure their hares and families either did oot return or could oot return to work as the County was closed oown. He also related. that in the incident of mutual aid referred to by Mr. Kroeger, the matter which prompted the mutual aid fran other cities was oot a working fire; and had it been, call-in \<<)uld have J::een D;eded. Chairman Walsh asked Chief Meyer about the response t.i..Jre of persons living in certain areaS outside of pinellas County which were, in fact, closer to Clearwater fire stations than persons living within the County and whether a mileage distance was considered for residency restriction. Chief Meyer concurred there was oone variances in response ti.ne rot indicated the Pinellas CoW1ty oolUldaries provided an easily understood limitation. ~ :', '\.,,~ I ,,",'.,' , " ',:,.~ .' ':"" /, ,';1 ',-"':' ,', ...<';',l-,.:r:~'I~'r"')"'r~:,~,~.,..~~~.j,:.~....::,"":..';",:.:~"',~,-~:,:;'..r..:'.'::J~~"~f/", - 5 - Civil Service Board Meeting .Ianuary 21t 19t16 " Al Vellucci asked Chief Meyer row far away was the furthest that a firefighter lived.. Chief Meyer read a list of the a:mnunities in \tthich firefighters lived outside of Pinellas County.. The list incltrled Tanpa, Odessa, Spring Hill, Inverness, Brooksville, Inglis, Brandon, Bradenton, Harosassa, and New Port Richey. c'O"c: , , Mrs. Kane expressed concern that the differenoos of residency requirements between existing and future firefighters w:mld be: a problem. Chief Meyer indicated that during his years on the Fire Oeparbnent, many differentials have existed: and while they are the subject of firefighters' discussions, they have not been a problem. He mentioned two diffe.rent pensions and differences ~lating be EMT certification. Chairman Walsh raised a qrestion as to the probability of discrimination issues .being raised as the rule only applied to classified service anployees.. He noted this leaves out the Chief and other unclassified. employees within the Fire Department. Mr. Weimer indicated he understood the concern and it would l::e given consideration. Mr. Galbraith related that the reality of the situation was that all Fire Department exempt pgrsonnel already live in the County and job requirenents in such p'sitions mmdate close proximity to the City. It was indicated that current firefighters living outside of the County 'who might subsequen tly l::e prcaroted to unclassified status \'.Ould oot have to rove into the Coun ty ~ however, they \oiOuld find it iJrpracticable .in t.e:rms of .r;erforming their dutie;~. Personnel Director indicated the rule directed itself to classified employees only recause that was the category of anployees covered by the Civil Service Rules. He suggested the Manager could make that a p:llicy decision and it was already a long-standing situation. ,Chairman suggested. the rule I:e made inclusive of all anployees within the Fire Department. lw1r. Galbt'aith related this requirem=nt for exanpt anployees could J:e accanplished by City Manager PJlicy. c .. ' . I I In response to a qt:estlon ralsed by Mrs. Kane, lt was ooted by Mr. WeJ.rnar that when' ,a current firefighter is prom:>ted in the future, it (bes rot categorize him as a new hire and such individuals are rot required to 1ll:lve into the County. There being no further discussion on the residency requirarent, the public hearing was directed to the "Jl:) StOking" requirement. Mr. Weiner related that the city administration was mt against job disability pensions and the City was proud of its pension program in this regard. HOt\1ever, oocause of the state law which presumes any disability of a firefighter relating to heart or lung condi tions is presumed to be job-related, it is incuml:ent on the City to d:> those things which will help to protect the enployees' ~nsion frcJl\ self-imposed. disability. In response to a question from Mrs. Kane on whether any firefighters had gone out on job-a:mnected disability in the past l:ecause of heart or' lung conditions, Mr. Weimer indicated he CDuld oot answer that specifically but rredical stooies have shown a high oorrelation b9t~n s.roking and heart and, lung disease. Mrs.. Kane asked how the City ~uld oontrol STOking off t~e job.. Mr. Weimer responded the City \',QuId not l::e checking on people~ OOWever, sooner or later it w:luld mCOll'Wa hnown. . "/"' ,,', :,. ',. " '"~':,, d'- . ""," 'j,.. " ' ~:~. ,'~, " ", 'I:';:' "t:~.'I.';:~:~':,,: '."~":"'~~"",'~ \,:,\', ,., ... ~ >' , .;":'"\. : -' ".I") , '.:,' ..0 ;;~ . c ., J::. , _I( , ~ ~. . . - 6 - Civil Service Board Moeting January 21, 1986 Assistant Chief Meyer and Mr. Kroeger l:oth responded to a CXlncern expressed by Mrs. Kane relating to a:>rre firefighters lEing permitted to srroke and others not being able to smoke. Both individuals related that the number of current firefighters who smoke is small and that there are specifically designated smoking areas. ~ kitchen/dining areas and sleeping quarters are oon-emo:king areas. Chief Meyer also indicated that national statistics reflect that the majori ty of deaths of firefighters at arergency scenes are the result of heart attacJtS7 further, during the past two years, Clearwater has had one firefighter die fran a heart attack while on duty. ' Mr. Kroeger advised the Board that the I'no EIOOking" requireroont w:>uld l:e setting ,a precedent that will be watched nation-wide in that there are very f~ departments with such a requirement. He identified the state law referenced by Mr. Weimer as being FS 112.18. It was adopted in 1979 and it presl1IT'eS disabili ty caused by heart or lung disease as b3ing job-related and places a burden on the employer to prove otherwise. He roted lmplementation of a "00 smoking" requirement will help firefighters in the future relative to the question of disability pensions. He indicated the willingness of the City to take this step was doing the firefighters a fine service. Mr. Kroeger also noted that the numl:er of firefighters who sroke has oontinually declined due to peer pressure. He ooted that firefighters state-wide are currently engaged in a medical research grant at the University of Miami Medical School and additional funding is anticipated to go into a study of firefighters incurring cardia-vascular and lung disease. On behalf of the IAFF, Mr. Kroeger urged favorable view on the issue by the Board. John Nicholson, member of the anployees-elected Pension Advisory Board and a Clearwater Firefighter, expressed agreement with the "00 SIlOking" restriction. Chairman Walsh suggested that, to preclooe future discrimination suits or issues wi th respect to tI no smoking" and residency, the City Manager may wish to ini tiate finn and binding I;Olicy for unclassified anployees to 00 as restrictive as any approved ruw for classified anployees. ChairL'lan Walsh indicated that while a qlDrum was present at this hearing and a majori ty vote on the requireoonts WJuld re binding, in a spirit of a:>operation wi th the city Camlission and the City Manager r the Board w:>uld give the City the opportunity at this time to request a continuance on any of the ~ee requirements until the fourth or fifth nsnbars are present. He ooted the vote would l:e. separate on each requlrE!ll'ent. Mr. weiner advised the Board that the city ,wished to have the Board vote at this meeting. After summarizing the information presented by the various parties at this hear ing, Chairman walsh asked for a notion on the EMT requirerent. AI VellUC'ci moved tha t the Board adopt the requirem:mt; seexmded by Mary Kane and notion passed unanimously. It was indicated that the City concurred with a grandfathering requirarent as had 00en brought out in dis?ISsion. < .:. l.~' .:. ,1 ~, _.~, t' ..' j . \) ,). ..', c" '.,' - 7 - ,". . ~ :~ :'.;, ,'." '" / .. ,l ~ ~ Civil Service Board Meeting January 21, 1986 ~'~',~l< :. ~.~~ "'.~. ,. i.',.... "-, ~ '. ~. "1' ,. , .. \ (J Ai Vellucci rroved to adopt the Uno sroking" requirement as proposed by the City . c t Manager 1 seoonded by Mary Kane and notion passed unanhrously. Mrs. Kane asked if the current residency requirerrent applied to all city employees; Mr. Weimer responded that there is l'X) other current residency requirement that requires all employees to live in pinellas COunty. There being no iIrn'ediate notion offered on the residency requirerent, Chairman Walsh advised that a motion to either adopt, reject, or r;:ostpone this matter would be in order. Mr. Weimer related that if that was an offer to get together, the City ~u1d 00 willing to do so. Chairman indicated the option of a vote or I;Ostponercent \I,Ould be up to the city. If it desired a p::lstponemant 80 the citya:JUld get together with the firefighters to review this requirarent and cane up with a requirarent agreeable to eVeryone, this \'AJuld l:e in order. Mrs. Kane moved to continue the public hearing in regard to the residency requirement: seconded by Al Vellucci. Mr. Wei.uer asked for a l'l'r:Jlent to oonfer wi th other City staff rreml:ers. Mr. Kroeger spoke to the Board and advised that the IAFF came tonight prepared to make its case on this item. It has been preparing since Novanl:er. It had presen ted its case and expected a decision tonight. He related that although the IAFF had not had previous input into the city's decision, this was not the reason for their objection to the requirem=nt. '!he IAFF had other activities and tilte constraints and wished a decision l:e nade. . <J Hi:-. Wei.rrer returned and advised the city had 00 problem with a oontinuanoa. It was indicated that there \'as a ootion on the floor to oontinue this itan and a 'VOte had rot year 1:een called. .:c/ C.> r. '/ ~ ':'<" ','1' ":/. . , ':-::''' f c{ , :. Mrs. Kane asked Mr. Kroeger if her understanding was correct that the IAFF had not had any input in this rule J:efore it was approved by the city Manager. Mr. Kroeger explained that was oorrect; however, they did not expect to have input every time the City Manager wanted to act upon an issue or propose a requirement.c He related his objection was that they had prepared themselves, made their presentation, and expected a decision tonight. Mary Kane withdrew her notion to oontinue the issue of residency requ.irerrent. Mary Kane moved to reject the residency requiretent; seconded by Al Vellucci. . Motion passed 2 - 1 with nenl:ers Kane and Vellucci in favor and Chairman Walsh opposed. ,c,,4 .,'.~.' 'I, 0.....' .' t." . " . .. .' \h ill ,....~.: ,: .~ .. .I~.'I.;:""~'~'~:"':".":~:~ ".~";~,'~l"'L.' ;,'. .0 -' c' 'r~ , ."'. ':."~""c:' ~ -.' ....1c ~1~\ :. ~ .. . :t<'.:;'c ' '\;:0 ,~ r.~ .. ~.' , . n.;'" '. .:~ ' . ~. : ":'~" . f:> ' ,jI'," , t.;". .oj: :L, " . " '~. " . \ ' '. ,,'OJ ~', \,1\ . .c, , , :. , " ." " . .' . ':....~ ..~ \""J ....;... \' " , '~" . ,~',' ~ ;' :r' - 8 - Civil Service Board ~~cting January 21, 1986 Director advised the exam recenUy given for Adnlnistrative Secretary was not given for a specific I;X:'sition rot to establish a list. He related that the five employees CX1 the resultant list had l:een interviewed and one of them selected to fill the position created by Mrs. Craig's retiremant. He roted that the Civil Service Rules provide for voluntary demJtion and within a class series it is not uncommon for such to occur. He indicated the Rules provide that a transfer or demotion takes precedent over original or praootional app:>intJoonts. Mrs. Kane asked that the Director prepare a report for the Board on this matter. , Al Vellucci stated that Board members had reCl'i!ived a letter from the city Manager in which he stated he would like to have lTOre oooperation between the City and the Civil Service Board. Mr. Vellucci stated he agreed with this position. Mrs. Kane suggested the Board proceed to meet with the City Coromi ssion as suggested by Cantdssioner Regulski. ~is suggestion was a:mcurred wi th by the Chairman. Chairman ooted he had rot had the opJ;X)rtunity to read the City Manager' s letter, and he would take that into o:msideration. Mrs. Kane stated she would like to note that the Board did send a letter to the City o:mnission as reqoo:sted by then. Chairman npted that the Board had indicated displeasure with the residency requiramnt as prop:>sed by the city Manager. He respectfully suggested that the administration and Fire D~t:mant g:> Mck to the drawing ooard and cnnsider coming up wi th a more acceptable residency requirarent that the Board a>uld pJssibly address at the re.xt neeting. Chairman 'related the Eqard wished to congratulate Mrs. Craig on her retirement after many years. He requested that the personnel Director and Civil Service Secretary draft an appropriate resolution for the Board, indicating its pleasure wi thher services to many civil Service Boards. He suggested a plaque w:Juld also De' appropr i ate. D iractor advised the Personnel Depart:nent bJdqet cx>uld accx:nm::xlate provision for a plaqt:e. Chairman recognized Jim Moore. Mr. Mo:Jre identified himself as a citizen of Clearwater and a City employee. He related that he found it strange that a number of Department Directors appeared at a recent City camtission neeting to express their a:>noern about. bow Civil Service worked, yet he had not seen any of them aJidng to Civil Service Board rceetings in the last year and a half. Mrs. Kane moved the neeting l:e adjourned; seconded by AI Vellucci and neeting was adjourned. , 'f/-. B. M. Laur Personnel Dire r and Secretary 'j