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04/24/1990 - Special ,':0 ( ~\ 1" . I~': :. ;!..: " ~:'" j.'" '< :;"::0 ~\ .' " ~+;'. ..."', ~ " . :t'I":,... ~<f. ./ : r~':, ;,:;'," ::- " """'""".. .'.....~...1,;...... . , ,,~. _~ ..~.d.~...,..,f. .:(...:.......~~j..f'.~..,.>I" \'1.~~..;...t.~,"'I:~...~ ~.:~.,.I ,r,'T .Ii...... "'Ldt...,. ,,'" '" _ ..L Proceedings of the Special Civil Service Board Meeting: of April 24. 1990. Page I * Corrected Present Joseph Carwise. Chairman David Keyser, Member Mary Drew Kane, Member Jjc ~ (Orland) Bill Carroza. Member Arthur Deegan. Member --....._~-~ H. Michael Laursen, Personnel Director Deborah Lally, Personnel Department Jeff Harper, Assistant Personnel Director E. J. Robinson, Affirmative Action Officer Kathy Rice, Assistant City Manager Miles Lance, Assistant City Attorney Robert Brumback. Assistant Director of Public Works/Utilities Terry Neenan, Gas Superintendent Malcolm McCoy ; (, The meeting was called to order at 5:00 P. M. Secretary' Laursen advised the Board they had the option of reading the charges into the record or waiving the reading of the charges. Mr. Keyser asked that the charges be read into the record. Mr. Laursen proceeded to read the charges and specifications. Mr. Laursen advised the Board there were no exhibits or transcripts to be presented. ,r. The report of Hearing Officer K. N. Ayers dated April 4, 1990, had been provided to the Board previously. ' No exceptions were filed by either party. Mr. McCoy addressed the Board on his own behalf.' He admitted that he did take dead sod from the Gas Division yard to his home but did not feel like he was stealing from the City. He thought rather. than filling the dumpster with the sod he would take it to his house. Mr.' McCoy stated he realized it was wrong to do this on City time but he felt the punishment (his tennination) was too strong. f , I ',r ~ I , l I '{ Miles, Lance. Assistant City Attorney, addressed the Board on behalf of the City. Mr. Lance advised the Board that Mr. McCoy's termination was the result of several disciplinary actions. Mr. McCoy had been convicted of a cocaine trafficking charge in 1989. Mr. Lance stated that at that time Mr. McCoy had 60 points at which time an employee may be subject to terminati(ln. On September 11. 1989, he was given a warning letter signed by Bob Brumback. Assistant Director of Public Works. advising him that he had accumulated 60 disciplinary points and any further infractions could be cause for his dismissal. When Mr. McCoy took the sod home he used a City vehicle and was accompanied by another employee who was his subordinate. This employee advised Mr. McCoy that what he was doing was wrong and he shouldn't do it but Mr. McCoy ignored this advice. Mr. McCoy was terminated due to the accumulation of 140 points and this was based on the concept of progressive discipline. t i i , f t l' i i , f ! Dr. Carwise asked if the cocaine charge was reason enough for Mr. McCoy to be terminated and was advised that it was. Mr. McCoy was given another chance at the time. Mrs. Kane asked Mr. McCoy how long he had worked for the City. Mr. McCoy stated he worked for the City for ten years and under the CET A program for two years prior to that. i': ',C) " ,.:-... \: Proceedings of the Special Civil Service Board Meeting of April 24, 1990. Page 2 , Mr. McCoy gave his rebuttal to the Cilyls argumcnl. He Slaled he was arrested for possession and sale of cocaine not cocaine tmfficking. In order to save his job, he pled guilty and was put under house arrest for two years. Mr. Lance gave the City's rehuna1. He advised the Board that Mr. McCoy had pled guihy to two counts of sale of cocaine and possesson of cocaine and wns placed under community COlMol. He stated the only reason this was brought out was to show that Mr. McCoy had received progressive discipline before being terminated. Mr. Cnrroza asked what the date of the court order was and Mr. Lance advised him the date was October 31. 1989. The reason Mr. Carroza asked was because the Findings of Fact in the Recommended Order listed the date as October 3 J. 1981. which was obviously a typogmphical e fro r. " , In his summation, Mr. McCoy staled he felt Mr. Lance was over-emphasizing his cocaine conviction since it had nothing to do with his termination. :~ "~ :"~O,,~l" !., ;, .<1 ~'j;:, };,.' ,{;;,' ~I... ~~...... < Mrs. Kane agreed with Mr. McCoy and stated she did not feel the past should be brought up. Mr. Lance again stated the only reason it was brought up was because of the prior disciplinary action. He advised the Board he felt this case was self-evident. Mr. Keyser asked if certain disciplinary points arc automatically assigned to certain offenses. He was advised that this was how the progressive discipline process works. A discussion ensued concerning the points assessed for Mr. McCoy as a result of his previous disciplinary actions and the infraction which is the basis for his termination. Dr. Deegan raised a question as to why Mr. McCoy was only assessed 80 points for two Level Three offenses and one Level Fi ve offense when any Level Three offense is assessed 20 points. It was explained that when more than one offense at the same level is cited in a disciplinary action, the assessment of points is only given one time. Further discussion ensued concerning whether Mr. McCoy could be suspcnded without having any paints assessed. Mr. Lance advised the Board it could impose an;.: penalty it wanted. Mary Drew Kane moved that Malcolm McCoy be given a 3D-day suspension without pay whh points to remain as they are and any further infraction resulting in immediate dismissal. Thc motion was duly seconded by Dave Keyser. Mr. Carroza asked how long Mr. McCoy had been out of work, find Mr. Laursen advised him the tcrmination was effective on December 19, J 989. Mrs. Kane amended her motion so the suspension would be for 30 days commencing this date. Mr. Keyser seconded the amendment. A vote was taken on the motion. Mary Drew Kane and Dave Keyser voted lIayej" Arthur Deegan. Bill Carroza. and Joseph Carwise voted "nay." The motion failed. Arthur Deegan moved that the recommendation of the Hcaring Officcr be upheld as submitted since Mr. McCoy was given 'due warning and the cocaine charge alone would have been sufficient basis to discharge him at that time. The motion was duly seconded by Bill Carroza. l ~ I. I Mr. Carroza slated that since he has been on the Board it has been discussed many times that 1\ progressive discipline is what the Board is aiming for and this is a clc,ar case of progressive disci plinc. "" '~~::i~"::, I, ." '" f~i.\.:,.. ....> '?!If,.- ' 1(,,;'-:;-: ' m.,.-". :~}.)~I.~\. ,\\~\':,,' ' tf." :' ' ;Ie, "', , ~,;:: ' , r.1'IO ~~. .h!' H~;,~, . ti...~. ," " f~~~r'>'~' ',"" ' '~IJ;,J:~/:c "", M'Ji-~: ", !;:~~(, .:'.- ':f;"" ' i~{;'i':-'" ~~;~'~'~:' T. ., : . ~"."", ~iJ':'i..~: " l.t:. :-'0 ~:~ ". .~.~ . .-,... . ; ," " !...~ '.~ l!f- ' ~~ti:'::x.. ", ....,,' ',," ,,)'" """.,,' ."...' '. .. n._,rl:lb'ett\f~_f'~.......... '., ',,',, :",: : ,-, ?" ""~LI"~ <t1,.!\"/.' ~ ~~Jf.'~1~~~~~;~P ..' '''1 ~"'l-r:;l~ {"'=-l!"!J ~{i1!':r,-~~~:I~'"M:-~~M~y..~l.;"""""~I"~ ~....~..' '" ,Proceedings of the Special Civil Service Board Meeting of April 24. 1990. Page 3 A vote was 'taken, on the motion. . Dave Keyser ~nd Mary Dr~w Bill Cnrroz3.. Kane voted "nny." Arthur Deegan. and The molion carried. Joseph Cnrwisc voted "ayc;" 'The meeting adjo~rned at' 5:35 P.M. ,,' 1';" " . '.; <~. :" I "', . . ,(-. , " :' \.', ' '~. ~ ,: <, "" , ,[ , .' 'I ,.' , ' . ! ~ ,'1 '::.. , " ~', ~ ..1. '. " " ' ., ~.' ,).. 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