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12/20/1988 :~ " ' ',' .,~ > ..., {, 'O<..~llh .~ ~'. \' " '. . ~.' .:. ,.... ;;. .;. , i, " c, Proceedings of the Civil Service Board Meeting of December 20. 1988. Page 1 Present David Keyser, Acting Chairman Johnnie Williams, Member Syd Snnir, Member (Orland) Bill Carroza. Member H. Michael Laursen. Personnel Director Miles A. Lance. Assistllnt City Attorney " Deborah Lally, Personnel Department Jeff Harper. Assistant Personnel Director Michael McGowan. Police Department The meeting was called to order at 5:04 P. M. / -~.. '-.....- + ~_. --... . ~--- David Keyser was appointed Acting Chairman in the absence of Dr. Carwise. Approvnl of Minutes Syd Snair moved to approve the minute:; of the meeting of October 18, 1988. The motion was duly seconded by Bill ,Carroza and carried unanimously. Discussion of Joseph DeSantis Case nnd ReQuest for Independent LeeR1 Counsel. Secretary Laursen advised the Board members that the reason this item is on the agenda is to get its confinnation of the request made on its behalf to the City Commission for independent legal counsel to represent the Board during the hearing to be held on Joseph DeSantis' dismissal. Prior to making the request via the City Manager and City Attorney to the City Commission. Secretary Laursen received a verbal consensus from the Board members. Syd Snair moved that the Board request independent legal counsel. Bill Carroza seconded the motion. Discussion ensued on the motion. Mr. Snair stated his reasons for asking for legal counsel. He feels Mr. Lance cannot represent the interests of both the City and the Board. Due to the controversial nature of this case, he feels all parties would be better served if the Board has independent counsel. Mr. Carroza concurred with Mr. Snair and feels this will eliminate the possibility of a conflict of interest. Mr. Laursen again expressed the need for the request to be "confirmed." The motion was amended to reOect the confirmation of the request for independent legal counsel. The motion was duly seconded by Bill Carroza and carried unanimously. Secretary, Laursen advised the Board it needed a motion establishing the procedure for the employment of tbis attorney. The attorney would need to be acceptable to everyone. Two names were provided as attorneys who would be acceptable to both the City and Mr. DeSantis' attorney. Mr. Snair expressed his preference of John Hubbard who is general counsel for several municipalities and would be more familiar with this type of case. Syd Snair moved that John Hubbard be contacted as the Board's first choice and, if unavailable, Wallace Pope be contacted as the second choice. Discussion ensued as to a date when the hearing could be held. Mr. Laursen felt the Board should not limit the motion to a specific date but instead provide alternative dates that w~uld be mutually agreeable to everyone. ':'f1l~~'\'/.~'!": .,' . ~ ,,; , ";"",, It.~''::'~1 I;}" ,I' R~h':,';,,,,,,:, ~'i":" " . \' , : ~::~:h(;);i~ :: i{~;~ln,,:':" Proceedings of the Civil Service BOllrd Meeting of December 20, 1988. lr('~'. >\ . i::t:~;\~\.:. .: j~;~:i':~ ;1f,f1~~': , :i~}~~/:':: .::::::,: , f,., .,( , ' , h?~:\.<''':',~ ,: Mr. Keyser called for a vote on the motion as follows: Michael Laursen to contact legal counsel ,Il;~),;:,;~', ~~~re~~~t ~:~a~~ar:e:~i~~~ ~~~~~~~llY T~~h~o~~~b~:; :~~ie~a~~an~~~~~~;ents with counsel to ~1;~:'~~::}::'~','; Othe~ Items for Board DIscussion ltil~L~}\":;~' ''0' j'c:" ~ . ~~b~i;;;;:,:~..t:";:" Syd, Snair asked whether any consideration has been given to the concept of progressive ;,~~{{.f:':,<:"', discipline being outlined in the Civil Service Rules and Regulations. Mr. Laursen advised him ~l'i~\<:~',:., ., 'no action has been taken due to time constraints and the press of other matters. ~r ''''~.;": > ' '. . ' WH~<;::;i.\' Miles Lance, Assistant City Attorney. explained to the Board how the Guidelines for Disciplinary ~~~~:':'::;~': "'; Action are used in conjunction with the Civil Service Rules and Regulations. The Rules set the ~;i:;';:,/....'-;'conduct and the guidelines set the penalty for the specific violation. It is not a malter of double ~i~f.~~{>' ". '" ' ,punishment, for which the City has been criticized in the past. e,,,,,") \.rl' ,'. c' . . )~:1E:~:.:;:",':'; Johnnie Williams moved the meeting be adjourned. tM:":~t,\>/ 'and carried unanimously. ~~qi",~~~:;":, : If.~7~~ili<~,; The, meeting adjourned at 5:27 P.M. ~;J!R;:<~:,:..',; Respectfully submitted, r \".~ '.' ., . , '~:~~j~:~t;' " ~" . i\t\Yh~ ~ f5;.. -:",/1 ' <,N~I'" rrtt , : .1:'~';-:<'i' , , I~"'&";:';;:Y':':: 'H. Michael Laursen , :~,,~i\,:,;':: Personnel Director and '~ttiW:}~:..;:' Secretary to ,the 'Board li:'~"~'~"f">':" ' ~\'~~h'C:?i~~':~. : llrl"';",{..':','.." r', ~&~}:~1(~>; , ~1!!~~~~?'~:' , . ''''.....~t."\, .'.......1. ~i~~.~~'~;~"r:: . ~,...;}-:. '.:." ~ . ~ :1~('~ ~~l-1'"V'..~'. f>,1 , :\tJiN", t;:'I~. . ,.../-;'::"l"+ . , !;.:~~:.~f'r((\::' .- ~ .~.~r,f-r.~.t'./. r'io!""ii.V. ~,c~ ~t~~11P'~.' ~ .:'~ , ~j,!,\~:,\,\,l.., " ~ d~~liJ\':'.~'; . '11!:S;~:~:'~~:. . ~l h.J:....,'~' ... ... ~t,.v\'r,: :~~~r~::', , ' /~~t~t"" '.', ~ Page 2 1. 'Mr. Snair added to the motion that Michael Laursen be the point of contact and the hearing be held as. early as possible after the first of the year. The motion was duly seconded by Bill Carroza. The motion was duly seconded by Syd Snair 'I .', ~.\ ., \' "