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03/18/1986 , " I . i." ! t' .". . ~.. . <: I :"'>J'..'. ~'. \ . L . \ '~':o' ~' , . :., IIi.:':'. ;r:~ ., . . ; ~ ;,' .~> . >", :6::~@: ~~;;':; . %::\:r'::, ':i ,~~<;>::,.., ~~~:~:::;.., ~. .:' :,.~.':. '. . ". iX::/,~"', ;'~~(': ~. :::.~r .. . > ~;;;:::'/, " ',~ Proceedings of the Civil Service Board Meeting of March la, 1986. Present: Mr. Nt:lJent Walsh, Chairman Mrs. Mary D. Rane, Manl:er Mr. Tan Chenoweth,' Menber Mr. Al Vellucci, Manter Dr. Joseph Carwise, Manter " H. Michael Laursen, Personnel Oirector Jeffrey Harper, Assistant personnel Director Deborah Lally, Personnel Deparbnent M. A. Galbraith, Jr., City Attorney Gerald B. weiJrer, Assistant city Manager ~ Visitors: ..... ~~ .........., Fred Ratley, WUliam Trullard, Gretchen Bush, Alice Bush, Rebert Bekker, Roy Goodwin, Syd Snair, Tamra Derntan, Christina C1srenson, Janes Moore, Eunice Wlasiuk., Douglas Wlasiuk, Ed Desmarais, and Lesley Collins - Clearwater Sun. Chairman Walsh convened the meeting and introduced the nan1:ers of the Civil Service Board to the au::1ience. Mrs. Kane asked for clarification regarding a portion of the minutes of the last meeting in which reference was nade to a letter directed by Mr. Wei.ner to the IAFF concerning discussion of the residency requ!ranent. She noted that the Board had c.learly voted at the public hearing to keep the residency requiranent as it was. Mr. Weimer explained to the Board the basis of his letter. Tom Chenoweth moved that Minutes of the Meeting of February 18, 1986, be approved. Motion was seconded by Al Vellucci and carried unanim:>usly. With respect to 'Agenda Item i 2, "Discussion Re: Joint Meeting of Civil ServiCe Beard and city Camdssion ~ April 9, 1986, n there was no discussion by meml:ers. Director reported to the Board that reqoosts had teen subnitted to the Iegal Deparbnent for obtaining state Hearing Officers for 8pJ;l@..als by Denman, Trullard, Widner, and DeSantis, and for Wlasiuk. He advised that a He'iring Officer had already been obtained for the Widner case blt a date for the hearing not yet established. Oirector reported the City Attorney had advised a Hearing Officer ,would not be reqmsted for Wlasiuk as this individual is not so entitled W1der provisions of the city Ccrle. Chainnan Walsh indicated Mrs. Wlasiuk was expected at the meeting and upon her arrival there may be sorre qtE:stions as to her situation. Director reported the city Attorney declined to provide a legal opinion on the ,question raised at the last meeting as to the effect of late responses by,employees in appeal situations bacause the litigation tetween the Board and the city 'involving ~'6antis had not teen fully conclu:ied. or-) " ri>:'.' . ....'. , ., ?':'O'~" :>~. J .: " I;\'~ ~.I( ";.:':,o:.?.,!,}.,: :J:'.".;:' I ~ ',l. .: , ' . :.. .' ' ;. ~:~~ , , civil Service Board Meeting -2- March 18, 1986 .: ~ ~.. . .. I ;}~ " Director reported that Mr. Wei.m:!r had advised the city was cx:mplying with the Order of the Board in the Kingsley case. Mr. Kingsley is receiving pay for the suspension which was overturned and disciplinary p:lints are baing raooved fran his record. " :~, " ~', "', ~\: :~: Director provided the Board with written reports on the status of pending cases invo~ving,Parke and DeSantis and verbally summarized the reports. In discussion, it was noted actions relating to Hebert and Murphy were original components of the initial suit filed by the City and for which settlements ~e later reached between the individuals and the City, leaving only the Parke matter in the' suit. city Attorney Galbrai th advised that local attorney O'Malley had filed with the Court a Motion for Rehearing and t\trU other notions on the DeSantis case and those I1'Otions had been denied, although the appeal tllre has not elapsed. .'J-' , ' :\ " , , . ;. ~ Director reported he had forwarded attorney Ro:Jer MaasJ bill to the Bwget Office and the city Manager since the Personnel Department (bes not have budgetary provisions for this item. Subseq1Ently, the City Manager copied the bill to the City Camdssion. After Camnission disC'USsion, Mayor Kelly wrote to Chairman Walsh indicating the Camrnission desired additional infor.mation before a decision is reached on the bill. Director reported that he and Mr. Wei.rrer had distributed a jointly-signed nero to all city Deparbrent for posting on e:nployee blUetin toards listing dates of all future Board meetings for the ra:nainder of 1986. Mr. Weiner advised the Board he had visited major work stations after the Board's last meeting and found that a Meeting Notice was :fOsted in all locations he checked exoopt for Building and Maintenance. Mr. wei.ner will prooide a written repjrton his review to the Board. Mrs. Kane noted she had determined that no Ml2eting Notice was posted in the Personnel OeJ;lart:m:E!nt on the day of the rreeting. Dr. Carwise moved that beginning with tonight's neeting the Board schedule meetings every other mnth. lOOtion was secxmded by Tan ~oweth. Mrs. Kane related the Board should rreet nonthly since enployees need the opfX'rtunity to bring their proble:ns to the Board. Dr. earwise indicated the Board took little action at tonight's meeting. Al Vellucci noted men the Board l:egan to oold monthly meetings they ware top-heavy with issues, but there are not that many items . before the Board at this til1l3. Chairman Walsh expressed concern that a change after the joint PlE!fOC) of scheduled rreeting dates had just been distributed would result in anployees feeling let cbwn by the Board. He asked Mr. WeiIrer if meeting notices \tDuld l:e placed in city pay checks. Mr. weimer indicated this would not l:E cbne. Qoostion was c:a.lled up::m the ootion and notion passed 3 - 2 (Aye: Carwise, ~th, and Vellucci; Nay: Kane and Walsh). Chairman directed a return to Agenda Item # 3a-3 regarding Eunire Wlasiuk. Director reviewed that the Board had previously directed 1.1 Hearing Officer be assigned to this cnse and the city Attorney's recent response that she wa~ not enti tIed to tbis under provisions of the City Ccrle. Director cx:mfirnv;d that the minutes reflect that Mr. Kowalski had previously stated Mrs. Wlasiuk had the alternative to cxxre to the Civil Service Board with her grievance. Mrs. wlasiuk stated she had not su1:mitted a willing resignation; but in an effort to obtain monies from the lCMA program, she had to resign. 'Ihe nnnies ware needed for relocation to a larger residence due to her pregnancy. She noted I01A provided her with a letter stating she amId get her rronies only for anploynent c , , .,1 .'.;t...., ..' .:'f.<'\ .~~.:.~:{~ ' "'0' .', ~I.\. ' ~~: ~. . ~.~(:.:.:. . "'. .h~, ,h..,' . ~~ .;':~': ,,: :", ~ \,1,1 ".~. t~t:,:':;; ;'~,~ ',' 4.:>\~: '. .' . 'J,.:.; 1,'( "O.l ",'": " ,,, '. tl.,.d , i ";, , ~ I ,i'".. ~~l it ",.' ,0 Civil Service Board Meeting -3- March 18, 1986 ,~: ~~: separation or unforeseen anergency and housing relocation was not oonsidered an emergency. She related her resignation was rrarked "good standing" and nw:>uld re-hire," but her Department nirector subsequently denied her reqoost to wi thdraw her resignation. She said she was told she oould use the grievance procedure and she o::mld have a Hearing Officer, but none of these options have been permi tt:ed. ~~ ~.~ "t: ,". t ~ Or. Carwise related that what he heard was that when a person resigns for whatever reason, they lose their anployment status: the Board is not a hiring a:}ency: and the Board cannot hear cases for non-anployees. Syd Snair, former employee and co-worker of Mrs. Wlasiuk, indicated it was common knowledge in the Department that what Mrs. Wlasiuk had (bne was acceptable: she took the w:>rd of management: and Mrs. wlasiuk was a dedicated employee . ~~~ ;~~ ~,,' ,: .~~:. ~ l-f ::<. , " "<'< ,~ i :; II ~ Members and Director reviewed the civil Service Rule with respect to withdrawal of resignations. Dr. carwise asked if all oonditions of the Rule had teen rret. Two conditions \Ere net, 1. e. Mrs. Wlasiuk was a former, regular anployee and did resign in good standing. However, the Departm:mt Director 'did not give consent to the withdrawal request. Chainnan Walsh indicated the designation "would re-hire" on the Resignation might l:e a consent to re-hire. Director expla5.ned that all Resignations oontain a "Resignation Classification" section and this relates to when an employee resigns and later reapplies. It is an indication that they would be eligible for re-hiring--re-hiring being distinguished. fran a withdrawal of resignation. Mrs. Kane stated the Rules provide that the Board approve resignations, oot they had not approved this one. Director explained that a 1978 legal opinion fran the Chief Assistant city Attorney advised that many such ministerial actions which were previously done by the Board \tiere no longer within the Board's authority. Chairman Walsh qwstioned this, noting the Ordinance has a "savings" clallge which provides that existing Rules oontinue until changed. Employee Jim Moore glEstioned why the city ~uld not re-hire Mrs. Wlasiuk when it had recently re-hired saneone M10 had falsified their original application with the City. Director indicated the city could quite possibly re-hire Mrs. Wlasiuk; she is on at least one Eligible List and has teen oortified and interviewed several tirres. .~. Mrs. Kane expressed concern that the City w:>u1d not allow this enployee to return to work as she was a good worker, left in gocx1 standing, and was led to believe she could a:roo b:tck to \t,Urk. NcM she is fighting to have a hearing and she should be entitled to have her case heard in CXlurt before a Hearing Officer. Robert Bekker, a city employee, expressed con03rn that Mr. Snair indicated Mrs. Wlasiuk had acted upon ma.nagE!tentr s advice and now it had backfired. Director related he had discussed this matter with Fred Moler who was Mrs. Wlasink's supervisal.' and had been infonred that no indication had l::een nade by Mr. Mole' to Mrs. wlasiuk regarding her 1:::eing able to return to w::>rk as has been stated. He further noted that Mrs. wlasiuk had taken her case to court. ') Chairman asked the Personnel Director to get with the City Attorney to see if there \'Ia.S serre way to get this natter resolved. Mrs. Kane stated Mrs. Wlasiuk had not re~ived a oopyof the city Attorney's memo copied to the Board by the Director (\'ihich indicated Mrs. wlasiuk was not entitled to a Hearing Officer). She asked that a copy 1:e provided to l-lrs. Wlasiuk. . .~<'~I~~::..'l,. ....~ ':'~~:;<"Il~.': " . /:~'.'I ~~...r::.~L:; ':.~:' .' . ~ .I;~ ;f civil Service Board Meeting .....'.. L ;~: , '( \ '" -4- March 18, 1986 . " V~'.~ ,'- f:~\ . , ,,~~ ~{ "''"-' '>:'-; , ','.(- ,.... j.: i... I, ....~. ."i",' ')Y: ~-.--: ; .:.: Director had three addi tional itans under Director's report. He advised the Board the monthly report for January and February was ready for the Board and would be mailed. He reminded the Board man1:ers of the Board Afpreciation Dinner. He relate:1 to the Board that the city Manager was prepared to drop the age limit used for I,X>lice officers and firefighters and reqoosted any input fran the Board. Chairman asked that this reqrest l::e put in a formal rranner. ..:.....t ". .~. ',' ~ . oJ : ' Mrs. Kane stated she received a nero fran the Director relative to the residency rule for the Fire Deparbrent and the Il'ero indicated the City Manager had changed the requirement. Director advised the Board that the city Manager gave consideration to the Board's position, as ~ll as others, after the public hearing ~ held rot had ootermined the residency rule should be i.tq,:1lenented. Chairman stated he was at a loss to understand Wny the City Manager \\Ould change this rule when the Board voted against the change. He said with this kind of action it seems as if the City Manager might as ~1l appoint all five of the Board IlBIlb9rs oocause he ignored the action of this independent lx>ard. '!be City Attorney reminded the Board that the 1978 Referendwn amended the Civil servioo Law and the effect of those arrendnents was to take mmy the power of this Board to approve rule changes. Chairman related there was a rule "savings" provision which provided Rules existing ltthen the Referendwn was passed renain in effect until properly changed. Mrs. Kane noved that any changes to the Civil Service Rules and Regulations show when the change was made as to the specific rule and, further, that when the Board has specifically rejected the rule, it should reflect that it was rejected by, the civil Service Board on the date of the rejection. Motion was seconded by Al Vellucci and notion was aproved 3 - 2 (Aye: Kane, Vellucci, and Walsh; Nay: Carwise and Cba~th). ~'f , , , Ci ty Attorney Galbraith, Chairman Walsh, and Manbar Kane discussed recent oourt rulings and their neaning. Mrs. Kane related the City O:mni.ssion had hearings before the Referendum was passed because they were oonoerned. with significant anployee issues and with keeping the Personnel Department under the Civil Service Board and the city Manager. She stated apparently the City is oow trying to destroy Civil Service. Mr. Vellucci suggested the Attorney General's office oould provide an opinion on Civil Service. Following discussion of whether such an opinion oould be obtained, it was noted that a previous Board Chairman, Helen Herman, had written for an opinion on various natters of ooncern without success. Mrs. Kane didn't feel that Mrs. Herman's letter explained everything and asked that the present Chairmarl write a letter to the Attorney General explaining the current problem and asking for an opinion. She asked that the Chairman write a letter to the Public E)tployee Relations Camnission asking if the state law superCEdes our o :"0'" r '", "~;'l, '. . :\~ '~:'; .'. ,~":~ ',,: f:v:::,.:...,, ;:~r~'?:'""" , ,.. " t:.:'('~ . . :' >;:.~: c, . , ' , ,<:.,:.;:. '. ' ; ~;;~: ~..> ~~: '.~; '(' : T" . F(:~F~~":' . :'r' : :! . ~ '. . ~. ~. ". . ir~,'~ '::.'., '~';>\..: .~~~::"~..: J, !,':~'::,>, , ~..'., ~..' .. . .1, . .. ~/o' ;.~!:.~. '.. '.' ;,~~: ..",; .: ,'~' .;. ~::,,\ ,,', ~J~;(}:, . " ,~.. ~ " : ,( ~. C ; '+j" E ," .. . . ~... ',I ':" '.' ':", " , .:, '., .... ".,;/. 'c". I (, . , '.:. " '" :~r 'c Civil Service Board Meeting -5- March 18, 1986 Ordinance in regard to the grievance procedure. Mrs. Kane then rroved that the Chairman wr i te to the public Ehployee Relations Camtission stating the facts about employee grievanoos here and to the Attorney General. Motion was sea:mded by Al Vellucci and m:>tion was carried 4 - I (Aye: Kane, Vellucci, earwise, and Walsh: Nay: Chenoweth) . Alice Bush, City employee, expressed concern that sane Board nanbers are roore concerned wi th when rreetings are OV'er than with the Wsiness I::eing exmducted. Al Vellooci said the City enployees aren't interested in what the Board d:>es and their lack of attendance is evidence of this. He noted that Mr. Ratley and several others o:::ma regularly b.:1t few others a::roo at all. Mrs. Kane indicated many of the enployees are unaware of when the Board neets, but their attendance at the City Commission meeting where they had to stand out in the hall and \erentt allm.-ed to speak shows their interest. Alice Bush said every ~ a grievance is brought bafore the Board, the Board is told they don't have any p:>wer. Mr. Cheno~th stated the big problem ootween Civil service and the city is that the BoaJdtakes action in matters they have 00 authority to act upon. Mrs. Kane stated that 70 peroant of the City e:nployees are afraid to <X:IOO to Civil Service neetings. I Mrs. Bush said everyday sanebody canes in and sits Cbwn at a desk and starts working without having taken any exams. '!bey just care out of thin air. You never hear of the test and there is 00 a:npetition. Fred Ratley, City anployee, indicated that on the day of the last meeting there was' not a ootice on his deparbnental wlletin ward early in the norning nor at Ci ty Hall, but at 9: 00 a.m. the next day there was one in his deparboont. He expressed concern with the action of Manber Che!noweth opposing the majority of the Board in a.l.nost everything. Chairman raninded everyone of the joint rreeting with the City COm1i.ssion at 7: 00 p.m. on Wednesday, April 9th. Mrs. Kane stated the Chairman should call a special meeting in the event anything important comes up 'OCM that the Board \IOuld l:e neeting on a regular basis every bu m::>nths. Dr. earwise moved for adjournm::mt. Motion \'laB seoonded. by Tan Chenoweth and carried tmaniJrously. t,:. I',; ~ 1\ "+.... ..:: ~ <' .... " . :,;. ~ ~. " , , ':..~ ..";. I .\. . r \. .' !I " :' J . I., , , . I". :., ~.. 1"+ .,' .,':- ,'< ". !';,Ji,':/>,.\',...:,.,<.:\',..:;<':~,. "', ' " "., '"'> . ", ,": .:J/' 'i ~ ,': ':~. \,(,'~,; ~";~' " ;}; .,:': '(:, l~ ': " " ..., ;,c '. ," '. '", ,':.' :~. <,:,:.." .~. ~ :',:{ :,c '1' ~~.~. " ,',,' . ,'~" ':'''",', ',', ':, " , ' , " " ", ", .." : ': ,... . ,. ,:,:", " " . , .." '.' , , ".:." '.~,! ," ; '::,.,: ...... r.. .,.. ",' ..,... .' , '., .,' , , ,.,,' ',' '. .. - " ";" "'-"t. ,'. , ."1 ,1' -: '.' " "., :.., r. ". {. ,. 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