12/09/1987
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Proceedings of Ihe Civil Service Board Meeting of December 9. 1987.
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'Visitors:
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Dr. Joseph Carwisc. Chairman
David Keyser. Member
Johnnie Williams. Member
Syd Snair. Member
Tom Chenoweth, Member
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H. Michael Laursen. Personnel Director
Jeffrey Harper. Assistant Personnel Director
Deborah L. Lally t Personnel Department
Peter R~ Simmons. I/O Psychologist
Dr. Edward Levine, Consultant - USF
Gerald Weimer. Assistant City Manager
Miles A. Lance. Assistant City Attorney
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Mary McCann
, Mary ,Drew Kane
Michael Egger
,David Hardman
'E. T. Cavaliere
Dewey Williams
Cary R. Singletary t
. James H. Moore
Esq.
Jane Meinhardt
Paul Maser
Jerry McAuley
Frank Palombo
Robert Bekker
Michael Gust
Paul Noeske
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~/)CD ~he meeting was called to order at 5:02 P. M.
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;'~,~,', ,..t\pprovgl $lf Millutes
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\::.:,{, :, David Keyser moved to approve the minutes of the meeting of October 20. 1987. The motion was
~~:,;!;, duly, seconded by Tom Chenoweth and carried unanimously.
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:;" "Police Serl1ermt Grievance Re: Police Lieutennntts Exam
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,'.: ' ' ,Secretary Laursen explained the reasons for the grievance. This grievance arises out of the
, ' recent. examination for Police Lieutenant administered by the Personnel Department to several
Police Sergeants. The sergeants were dissatisfied with the manner in which th~ test was
conducted and the results. This matter was grieved through the City Manager. Joseph R. McFate
II. Interim City Manager, responded to the grievance. After careful consideration. Mr. McFate felt
,there was merit in some of the complaints; he declared the test invalid and advised the Personnel
':;,:,:,' Dcpanment to devise and administer a new test. The grievants are bringing this matter, to the
';::<':",-,' Board' because although they accept the invalidation, they question the decision that the
\,,'::, , Personnel Department write and administer the new test. They feel an outside consultant should
';":~;:' ' .: be hired to do this.
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''',' ,Secretary Laursen stated to the Board the 'ordinance provides that it is the responsibility
t:,'..:" Personnel Director to determine who administers examinations and in what manner
,':''',' ' ; acco~plished. ,Recogriizi,ng the need for and the integrity of the Civil Service Board. Mr.
L,,',''-:,', stated it is the City's position that the Board does not have the authority to direct him
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Pk'occedlngs of the Civil Service Board Meeting of December 9. 1987.
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Syd SnaLr. member of the Board. questioned what the psychological effect would be on ,the
acrgeants if they had to take a test written and administered by the Personnel Department when
there mily be hard feelings harbored by all parties. Secretary Laursen responded to this by
IUlting the sergeants would have to go through a second test no matter who gives the test. He also
,stated the past record of the Personnel Department would not indicate staff is incompetent in
". writing and administering examinations.
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,Tom Chenoweth, member of the Board. questioned whether or not the Board had any choice other
~an to follow the Civil Service Rules. Miles Lance, Assistant City Attorney, stated the Board must
follow the Rules and the Personnel Director docs have discretion in the operation of the Personnel
Department. Mr. Lance also stated the manner in which the test is prepared and administered
',should be Mr. Laursen1s decision as the Personnel Director.
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Dave Keyser. member of the Board. questioned whether or not this type of test had been
""'; ,administered before. Mr. Laursen stated it has been given many times in the past. Discussion
,':" ."'", ensued as to what kinds of test have been administered by Personnel.
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I ' ~ergeant Eugene Cavalier. designated spokesperson for the grievants, stated the grievants had no
" . problem with the City Manager's declaring the test invalid; but they were concerned with the fact
,~': , , that Personnel will administer the new test. The sergeants are adamant about having an outside
{:::;., agency perform these duties.
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:;(:.:' . Chairman Carwise questioned 5gt. Cavaliere as to what his response is to Mr. Laursen's contention
~~~>~e Personnel Director should determine who gives this test. Sgt. Cavaliere stated if
{:;:,\.v~. Laursen would cons~nl :0 having an outside agency give the. test; he would expect the other'
,~;:::~ . grtevants would accept thIS; If Mr. Laursen does not agree, they w1l1 not.
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;ii ;;.),,' Sergeant Robert Bekker who participated in this examination but is not a grieving party stated it
~i\;<'; is his opinion that there are now many feelings of inadequacies for the Personnel Department
::,):i '::' st~ff. Therefore. the grievants may feel there will be a bias built into the new test as a result of
P"':":' "this grievance.
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;'-.,,: ::,~Tom Chenoweth moved that the Personnel Director give the examination as the law requires him
~~,r:>:ro do but he also be directed to give serious consideration to each item in the grievance, and, if the
,~':'~'.:,t 'parties agree, he meet with a repr~sentative or committee of the sergeants. along with the Police
?/", ',' Chief. to see if they can work out something mutually agreeable. The motion died for lack of a
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; ': ,:' Syd Snair moved that the Personnel Department be directed to seek outside assistance for this one
;,.;;' :,' ,Police Sergeant's examination. The motion died for lack of a second.
V':,', Dave ,Keyser questioned whether outside agencies are available to 'provide input and assistance in
~,+" ,', ,this m'atter. Secretary Laursen stated there are such agencies throughout the country. Syd Snair
;->:'~ ,/ :questioned whether there was a police academy in the area who could help with this. Secretary
~f:i. 'Laursen stated he did not know whether or not they did this kind of thing. Mr. Laursen also
">",:,>:., advised the Board the City' has a contract with Dr. Levine from the University of South Florida who
~,~/,,:,,~:,: ,is' . ,~ur outside consultant who will be working closely with Personnel on the development of the
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Proceedings of the Civil Servlce Board Meeting of December 9. 1987.
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" Syd Snair moved that the Personnel Department seek Dr Levine's advice and work with and allow
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; I :..:' ", ': Dr. LeVine to partiCipate In this test. The motion was seconded by Tom Chenoweth.
';':. : ' Sgt. Cavaliere objected to this since Dr. Levine was involved in the contested examination. The
'" motion was withdrawn.
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ii"::'; ',:,! " 'Chairman Carwise stated the Board is not in a position to direct the Personnel Director on how to
".", "'.':';' 'handle this matter but it docs call attention to the sergeants concerns. There were no further
i>' ,:: .,', comments on this matter from the other Board members,
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Adopflon
of Procedure
for
Board '~
Review of Contested
Disciplinary
Actlonst
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~'" ". 'Discussion ensued regarding Miles Lance's proposal for reviewing contested disciplinary actions.
~:',:,: " .' Syd Snair questioned why there is a hearing before a Hearing Officer and then the Board.
" ' ..: ::" Secretary Laursen explained this procedure is mandated by City ordinance.
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Tom Chenoweth moved that the Board adopt the outline leaving some flexibility, if necessary.
motion was duly seconded by Dave Keyser and carried unanimously.
'Chairman Carwise asked the Secretary to see that copies of this policy are available to all Board
'members if needed at future meetings.
The
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,:r., , Public Hearina Re: Civil Service Rules & Re~lIlntions
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~~>;:::;~ Secretary Laursen explained the reason for this hearing. Since the change in the ordinance in
t :.::Y,;,1978, many aspects of the Civil Service Rules & Regulations have been inconsistent with the new
i.:~!:" ,:,: 'ordinance. In an effort to correct this, the rules have been revised. These rules will become
~i"'":;",'::',,effe'ctive on January I, 1988. At this time, the Board can make its recommendations to the City
::.:i!,!:>~';;' Manager.
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,~,:':',;~,}t.c,'Secretary Laursen stated one area of concern most people had was with a proposal in the rules to
:;::~ >:'"h:: eliminate the option dealing with the use of sick leave to ex.tend the date of retirement. He
}~L:,:,};\ : "explained this had been one of the City's proposals during collective bargaining but it was later
>;:,:-, ' '. ,withdrawn. Therefore, he has recommended to the Interim City Manager that this proposal; be
/,: ',~:,_~ :,'removed from the revised rules. The City Manager approved this recommendation and this section
{/"/J~'will be d~l,eted.
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t/<; j~ David Hardman' requested clarification on this issue.
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r~:',',' :>:::'Mary McCann. Utilities Department. asked the purpose for the new language in Rule 9. Section 2
~>:.." ..':~,Y:n:.ferring to the promotional probationary period. Mr. Laursen explained this was to assure that
';'::?,..",,::::'everyonc understands that an employee in a promotional probationary period could not request to
'.~~:'.!':\::"; be returned to his former position if dismissed for disciplinary r~asons. These employees do retain
,;:(i:, ).~ the right to appeal the disciplinary action.
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>. :. ,...i Ms. McCann questioned Rule 13,' Section 2 '11(5) and its reference to funeral leave being charged to
r." ,: '.';, sick leave. She stated the CW A contract does not require funeral leave to be charged against an
'i/, ,~;' ,employee's sick leave. Mr. Laursen explained that any collective bargaining agreement would
,~:,.,:.:-:..':!:', supersede these rules and regulations.
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Mr. Laursen stated it had been resolved.
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Proceedings of the Civil Service Bonrd Meeting of December 9 I 1987,
puge 4
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Cory Singletary. Esq.. altorney for the Fraternal Order of Police (FOP) Lodge 10. addressed the
Board. He stated his position that Rule 2. Section I (n) makes the CivlJ Service Board subordinate to
the Personnel Director and the City Manager. He feels the Board should stand on its own merits
and should be represented by independent counsel. It is also his feeling thl1t unlike most other
Civil Service Boards throughout this state. the City of Clearwater's board has limited power; and
this Board should reestablish itself as a Board of independent judgment.
Mr. Singletary referred to Rule 14. Section l(i) which states an employee may be terminated "ie
charged with a felony by a law enforcement agency and this charge may undermine the public
confidence," An employee should not be dismissed because he/she is charged with a crime when a
person is innocent until proven guilty. ,
,Miles Lance concurred and recommended this rule be changed.
Mr. Singletary referred to Rule 20. See, 19(a) which deals with the residence requirement of
employees. He feels employees on the current payroll should be ngrandfathered in't and not be
required to move within the boundaries of Pinellas County if they decide to move from their
current residence.
Mr. Singletary informed the Board that the FOP is still in the process of collectivc bargaining and
they have the right to negotiate with the City on these rules and regulations. He did not want his
appcarance at this meeting to bc construed as a waiver of this right.
," 8Sgt. Egger stated there. a.re othe.r employees who wiJI be concerned with these changes who are not
;,' '..:.j)'members of the bargaining umts.
Michael 'Gust asked where the professional employees stand as far as Civil Service is concerned.
Mr. Laursen explained that professional employees are covered by civil service, Mr. Gust was
questioning the title change he received after the Cody study and what recourse he has to protest
this change. . Mr. Laursen informed Mr. Gust that the City has the right to decide what titles will be
used for all positions.
Mr. Laursen also advised the Board that most of the language to which Mr. Singletary took
exception was taken directly from the ordinance and the ordinance is not in question at this time.
Frank, Palombo commented on the many powers that have been taken away from the Board. Tom
Chenoweth informed Lt. Palombo this was changed by the voters by a referendum many years ago.
Mary Drew Kane spoke to the Board stating her objection to the rules being changed at this time
when a new City Manager may want to make other changes. She feels no action should be taken
until a new City Manager is appointed.
Syd Snair moved that the Board take no action until a new City Manager is hired. The motion was
seconded by Tom Chenoweth. Dr, Carwise stated taking no action would not negate the power of
the City Manager to implement the new rules at the present time. ,r >
Syd Snair, Dave Keyser. and Tom Chenoweth voted "aye;" Joseph Carwise and Johnnie Williams
voted "nay." The motion passed.
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Proceedings of the Civil Service BOllrd Meeting of December 9. 19B7.
Page S
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Syd Snair questioned the status of the rewrite of the pension pllln. Mr. Laursen informed him the
Pension Rewrite ,Committee met again with the City Commission and a final deaf[ 'proposal of the
.. , ordlnimcc ,'was presented. He also stated the CW A has requested to bargain on this issue and
'requests will probably come from the IAFF and the FOP.
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Syd Sn~air questioned the status of Arthur Ichter who was terminated.
this was no', longer a viable grievance since Mr. Ichter did not pursue it.
been 'resolved.
Mr. Laursen informed him
Therefore, the maiter has
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,;: ,&mployees/Cftlzens to he Heard
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, ,There were 'no other employees or citizens to be heard.
//""" The' meeting ,adjourned at 6:42 P.M.
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!f.:~~;,,:,,:" ." ,Resp~c~fully ~ubmitt'ed"
KO~//.~~
;;';:i::/~:':H. 'Mi~hael' ~', " , , ' '--.
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'~?"':<\<," Personnel' Director a d
i>;;;~'~;,.i,~:Secreiary,'to the Board
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