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10/18/1988 Proccedlngs of the Civil Service Board Meeting of October 18, 1988. Page 1 r, Present ,.,,' Dr. Joseph Carwisc, Chairman Johnnie Williams. Member Syd Snair, Member (Orland) Bill Carroza. Member H. Michael Laursen, Personnel Director Miles A. Lance, Assistant City Attorney Deborah Lally, Pcrsonncl Depllrtment Jeff Harper, Assistant Personnel Director V/illiam Held, Harbormaster 10seph Slupski. Marine Department E. J. Robinson, Affinnative Action Officer /' ~ ~-----. "-'" The meeting was culled .0 order at 5:00 P. M. Approv~1 qy Mlnute!l Syd Snair mCJved to approve the minutes of the meeting of August 16, 1988. The motion was duly seconded by Bill Carroza and earned unanimously. Review and Aetlon h, Board on Decision of Hearlnv Of ricer Re: Jo~~ph Slupskt Secretary Laursen read inlo tbe record the charges against Joseph Stupsk!, Marine Facility Operator, Marine, Depanment, which resulted in a three..day suspe~sion without pay. Mr. Slupskl , received a three-day suspension without pay for putting a token in the cbute at the toll plaza for a .. o motorist. This was a violation of a Marine oDepanment: rule which stated no toll plaza employee could put tokens or money in the chute for a motorist; and, if caught doing so, this employee automatically would receive a three-day suspension without pay. Mr. Slupski appcaled this suspension ;md the case was heard by Hearing Officer Donald D. Conn. The Board members were previously presented with a copy of the Hearing Officer's Findings of Fact and Conclusions of Law. The Hearing Officcr's final recommendation was tbat tbe suspensioJ;l of Mr. SIupsld be sustained. This matter is now before the Board for its action. Chairman Carwise asked Mr. Stupski whether or not he wished to contest the findings of the Hearing Officer. Mr. Slupski asked whether he could present to the Board evidence to prove bis claim that the City docs not treat every employee the samc. Milcs Lance, Assistant City Attorney, advised the Board it could not take new testimony but must make a decision based only on the information tbat was before the Hearing Officer unless it wished to find the Hearing Officer's ruling inadequate and review the entire case. Mr. Stupski presented to Mr. Lance the infonnation he wished to submit. and Mr. Lance had no problem with these documents since they all had becn before the Hearing Officer. Mr. Slupski then adciressed the Board, stating his opinion there is a double standard in the City in that cmplo;"ee's mU:n tollow the rules but the administrators do not. Tbe basis for Mr. Slupski's contention is 1) he should have had a re,sponse to his grievance within ten days and did not receive one until nineteen days later: 2) another employee admitted under oath be had deposited money for a motorist and nothing was done to him~ and 3) he was told by Mr. Held the Affirm,ative Action Office would contact him before any disciplinary action was taken and the next thing he knew he had received a memo dated February 28. 1988. making a recommendation for disciplinary action. >: 0 Mr. Lance informed the Board the basis f~r - ~e Hearing Officer's action was that the employe was " fully aware of what the penalty would be If thIS panicular rule was violatcd. A memo was sent to , , all employees and signed by each one. Proceedings of the Civil Service Board Meeting of October 16, 1988. Page 2 ',0 William Held, Harbormaster, addressed the Board, He explained the reason for this particular rule and gave background information leading to its implementation. He stated the thrcc~dQY suspension was within the City's Ouidcllncs for Disciplinary Action and such action was approved by the Affinnative Action Officer. He also stated any employee who is caught is disciplined. Discussion ensued regarding the need for different rules in different departments. Syd Snair moved that the findings of fact in this case be accepted but the penalty be a letter of reprimand with no points rather than a three-day suspension. The motion died for lack of a second, . Bill Carroza moved that the Board accept the findings of fact as submitted by the Hearing Officcr but reduce the penalty to a one~day suspension without pay and an assessment of points consistent therewith. The motion was duly seconded by Syd Snair 'and carried unanimously. , Director1~ Reports Mr, Laursen advised the Board on the status of the negotiations with the IAFF. Mr. Laursen also infonned the Board that the Police Sergeants and Lieutenants petitioned PERC for unionization; and on September 19. 1988, they voted in favor of unionizing and are waiting for official certification from PERC, "~.',:' Mr. Laursen informed the Board that a new performance-based merit system is being devised and. };; hopefully. will be implemented by January 1. 1989. for non-union employees. ~~ Mr. Laursen mentioned that the Fire Captains had also petitioned PERC for unionization but have ,,: " withdrawn, their petition. " . :~,~ .' . :. I : ' 'Other Items for Board Discussion I. ';' ,c. -~ > ,; ~ . ',,:, .:' Syd Snair questioned the status of the Civil Service Rules and Regulations and whether or not the ;\;' " new rules need to be approved by the Board. Mr. Laursen indicated the rules do not have to be ", approved by the Board under the new ordinance, but the Board must hold public hearings if there ':, ',- is a request for one when rules are being changed. The City Manager has the authority to ~"" ., implement' any changes and may modify the rules based on suggestions of the Board or other . employees. \.... Mr. Snair asked whether Rule 14 could spell out some form of progressive discipline. Mr. Laursen said the new, City Manager will probably be proposing some changes to the rules. He also said the Guidelines for Disciplinary Action possibly could be integrated into the rules. T.he meeting adjourned at 6:16 P.M. f r " ~.. ~ .~:~~:, . ' . . , ~: . , ' I. :~"" . I r I ! {, " . > ; ~~.:' . Respectfully submitted. ' '1, cYn4 . ~' ~.. ' ~{;,,': u', ~ f., ::- , H. Michael Laursen '~.~ ~ Personnel Director and ~;,VSccrctary to the Board ~:,::,' ".-:: ::. , .. . '., ~1. c. !.~ ,';.': t~::(.. .