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10/28/1997 - Special (2) \." . ~ .' ";":'",;'.!'!' ;;:~~(,:;.~ . " /. '...,~. :::.... ""!' .;;. ., " ". ,l', '" . "' ' ... " " ". . ~: ,~ ' h 1 '"I . .) 'ltji , " , , , ' .,' " ~;j i;: ':.' :;::.'~, ' ,. .. ~ 1/ " . 1'1. '. , , ::...: :r:"~'" \.. : ,~ ' It . I ,.' ( . I!, 'r . , . to;' .'"., I <)' , : , I, I. '. ~ . .': \ . r' ~" ~ .:.' ! :.'/.' . . ,l " .1.. " . . f'.. ~ .'~ , . , . I ~ . .. . . ~ . I' . "\ ~ :\~:'(:""....,."'" ," i ' . ::~.' . '1' ,I J '" , ; ',tl , cr' . :',('. :' . I ~ F . '< .: : ~ ", , , ~ 1 \ . " " " , ,,:!' , ;~ , I .' f' . , 'r(H. .' . ':,. . ... ~ : ~ . I "'"r ~ ",' l ~ ," '! .",' lL+ I." . f i';:"::':~ , , .'r ,( 'I' \' . ~ 1: ': ' :... i' f~ " , ,. t" . "!'. r!: '( ',. , Ji 'j; c'"l', "', < , ~'. !j' ,I ~ ,~ . ; I." :'"',, 'J ' .' ,. '.',\. .'1,.1 , :' ~ : \,'c >>"l. " ' I' \ ; :';,/'" :'::~"tft;:":(~"(; ii~; :,,?-'.\:;-:-:~ ." '":",:~:~!~::,,,,,",{':,; ;;:~'I:. .,;..~(: ' , ~ : I . '. t ~ , I , I.....;~,!i... .07~/l't. r"", -1';' ~';';/. , ";r>~ 1::- ~.: :,/. J~:'~,O~"o/":". " ,"c.I:,' '1,",- . r ':, " ,',. ",<' I, " " " ..0 . ! fl v', ":~ . . H ;/!!.: Oit! . j J , " ", ".'. '., '\ ,,' 1', ,'I ",0 /-: ,..'...' \' ," , , .1 ii, .,' , , .OJ" ~: f L' .' :.' l~. ~ ..' . r l'o .. ;. i , . (.: ,~ ; I .,.\.' >(. .,: ,\ CSB I I , ! , , ' " , . .:. ,; , ,)" . " ~. I;. ". " ,; \ . ',' '" , , CiVil SerVice,Board , lVIinut'es , , .' , ~ '. . " ' ,., " ' " < ... ~ . . I . I' "j '0" , , " ,. ~; . 'Date: 10 -'~ 8"~Cf1 J . '\ .1 , , \ " . " i;,' I" ' " /D'~/' . . , t J.' :, , I . , rt: . . , I ',' . .' ~. . ,1 ~, . " " \, ~,~ , } , :\, ~:,','>,:< ::,i/; '.,!. ',,",.:. ,.,'\ <.( . '~':'" ~' I ;. i::'\dr,I;',':: \',.' "",.", " " ;'., ( )', .,,' ','t: . .1 'I' ':.' I,'. ,. ~ '.', CIVIL SERVICE BOARD SPECIAL MEETING CITY OF CLEARWATER October 28, 1997 Present: Colbert W. Henley Bill Carroza Wayne Brett Catherine Adams Chair Board Member Board Member Board Member Nancy Patula, Brian M. Bursa leslie Dougall-Sides Steven P. Rosenthal Jeff Harper Tom Mudano Plaintiff Attorney for Plaintiff Assistant City Attorney Interim Human Resources Director Information Mgmt. Director . Admin. Supt. Manager Tech. Support Services Board Reporter 'Brenda Moses Absent: Annette Patterson Board Member 1 . Meet;no Called to Order 8~~ '" :~:' The special session of the Civil Service Board was called to order at 5:00 p.m. by Chair Henley, in the Human Resources Testing Room at the Municipal Services building. 2. Board Action - Hearino Officer's Recommended Order in Nancv Patula vs. City of Clearwater ,i', ",i . ~I . Chair Colbert Henley explained the rules of procedure. Interim Human Resources Director Steven Rosenthal read the charge~ filed by the City against ex- employee, plaintiff Nancy Patula. Assistant City Attorney Leslie Dougall-Sides offered into evidence City's Exhibits 1-16, which included a copy of the original 'Hearing Officer session transcript and plaintiff's Exhibits 17-23. In response to questions, CSB (Civil Service Board) members said none had read the transcript, but they had read the Hearing Officer's report. Brian M. Bursa, attorney for the plaintiff, requested the decision of the CSB be pending until all members have read the transcript. It was felt the statement of issue was understandable and comprehensive enough to proceed with the hearing. The board concurred. Ms. Dougall-Sides noted the CSB is not required to read the transcript. It was noted no new evidence can be submitted at this hearing. ) (.:' l ,; )'1 ..It :~\i' . \ ~ I " :c:\'r ',\; I ::~ },1. '\1' :) , ',/ . . ~,. F, \ d .. , \.f. .' ) ~ . , ' I, It; I," " :1 , _/ Plaintiff Nancy Patula gave a brief synopsis of the case. She said the Hearing Officer threw out 4 of 6 charges flied by the City, but upheld the 3-day suspension. She recommended revisions be made to the City's Conflict of Interest policy. She noted the Hearing Officer had stated she was a professional with a high work ethic who was just trying to do her job. Ms. Patula said as a result, lost ,,', ::,1' . ~ "\ i , c mcs 1 Ob97 1 10/28/97 ", ," I 'I. \>:, " :, '.", ", ,.," ;.\(/, ,,', .:\' < :--':" ",;,:' ,.: "::'':~',:<r"'(,':,,,','~.:.,~c.>. 'J",-j,"",.' ,.\"l,..t'.~:'\.t'\'I,:.. ~~,:l(~..;.~.~ - ; '1""'\I',i"""~ : . I, . \. . <. .' ',; ~ .o!. )',~.' . ( , . r' I ly' J!!6 1" I (I. ; ~: )p~ : I I <...~ ; " :L'<':<~ /<i.' :~ ""'",, .,/~ .<:,!..,c"\' . ~'I . . .\" "l ~\ \,J.' ':1 ,"\. ;' t ". ,.,"',' \"J :.,. j'\ . ,,'\," . ,., ,. I,.,.\\\.L~ . ' "i ", ",,' '.;"".-', '", ,T' ., ,) ", \ ,';.\:"'. J'\'," ,l ,,\' \ ....., y .' 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"'>1'. \'d'''}.~, ..{.,' ',I". \.:.t':'.,.,.\,:.;':',.""'~'~:' /'J.' j, ... .j \":1 t~ : .... l.; . , . , I( , . ,I ') , wages, unpaid medical and legal billsl and a disruption in the training and software support for City personnel occurred. Her goal was to serve the citizens of the City by supporting employee computer needs. Whenover she saw those needs were not metl9fficiently, she had felt it was her responsibility to speak up. She said her supervisor had disagreed with her. She felt In spite of the City's Vision and teamwork workshops, employee concerns are not considered. She said the City had lost a hard-working, concerned employee. She asked the CSB to clear her name, compensate her for the 3-day suspension, and grant her payment of attorney fees. , ."':~ . f. ,./li ':;,.11/ Mr. Bursa noted Ms. Patula's suspension was subject to a ~onperformance lavoff issued by the City. The City had cited 6 alleged incidents of misconduct with one disciplinary rule. The Hearing Officer had recommended dismissing 4 of 6 charges. The remaining 2 incidents related to: 1) a job ,audit questionnaire and 2) an overhead projector. He stated Ms. Patula was being punished twice for the same alleged incident, regarding the job audit questionnaire. At the time of the notice of suspension, Administrative Support Manager Tom Mudano's disciplinary action request, City's Exhibit 13, paragraph 10, indicated a meeting had taken place with Ms. Patula to develop a written action plan. The plan was in lieu of a suspension for the listed performance issues. Mr. Bursa said she was disciplined at that time. At the Hearing Officer session, the City indicated the action plan' was not a form of discipline. The Hearing Officer did not rule on testimony regarding job performance actions prior to January 1997. Mr. Bursa stated Ms. Patula and Mr. Mudano had testified the job audit questionnaire is normally voluntary. Mr. Bursa said Mr. Mudano had asked her to allocate 2 hours in January to complete the questionnaire. She had testified it took 16 to 18 work hours to complete. Mr. Bursa noted Ms. Patula's concerns that she was wearing many hats and did not have enough time to complete the questionnaire until February. One conclusion of the questionnaire indicated her duties were beyond the scope of the position. Mr. Bursa felt the job audit questionnaire should not be an issue today. Mr. Bursa said the other charge related to an overhead projector. A limited number ,of projectors are available for employee use. An employee from another department had approached Ms. Patula to use a projector. She indicated she was using a projector for training and directed the employee to Mr. Mudano. Ms. Patula had testified Mr. Mudano had never counseled her on the matter. Mr. Bursa noted Mr. Mudano was not present when the projector was requested. His memory of the matter was vague at the Hearing Officer session and was declared hearsay testimony. Mr. Bursa reviewed the rules regarding charges against Ms. Patula and stated there was no evidence of loss of morale or a reasonable expectation of lower morale in the department, nor had any inconvenience or injury to the City occurred. He requested Ms. Patula's name be cleared and the suspension be revoked. "-.-J Ms. Dougall-Sides argued the 3-day suspension should be upheld. Ms. Patula was charged under Civil Service Rule 14, Section 1 L for insubordination, and failure to obey lawful or reasonable direction by an employee's supervisor. The Hearing Officer had upheld 2 of the charges regarding insubordination related to the January 2, 1997, job audit questionnaire which was not completed until February 5, 1997. Mr. Mudano had testified it should not take 16 to 18 hours to complete. The Hearing Officer had noted Ms. Patula's admission she had not allowed another mcs 1 Ob97 2 10/28/97 I , H' " / ..; I.""''''~ f(' ~,,'''''' . ')\ ~. ' l (l' .... '/'/ I' ~. .,~j, .... /:::' ':It i,:,:::. :' )~~1 ;,\;' :,'i; :;; ':"1".>::": '"/:',,:~.','.,,,:,:'.;i "'~.~.'r)i(\::; ::.i:\~, 1" ;:~(',\tt'i'~":,~',~,,.; '),:;:,;:~:';i:(; ">,:'?~:';,<;::~,:~;\h ," i..~::;: 1; :::,:,;'/ /, "~"~I, .:.....' ",,' ," t",'" ..,1' ,,1"/",' /"., 'I,' :~,. "\1, ""'<,':"::,' '::/:'}. ":,.',k",',:,~,~,',:;,',,: '..' I. 1,-'. .., I ,',,~.. '. '" .\:",1.:-" ..l " .';k t: ,::.;>.~ 1, n ,,'i ,~. .'1 ....~.. ,.:', J !J ,- , . '. ,'? " ~.: ( :"',0 :..'.1- :.n :~': I " ,I.,. , . ~. ',~ ,< I:. : ' ;. ., , . ,." I' l :. ~' .. '. .,' .It .1. o ": . , ,.' I " ~ ' " , I,i J:l./1 , , .' ,~ ,: ) . "(....." , employee to use the projector after being told to make it available. Testimony indicated instructions were communicated to Ms. Patula and former Human Resource Director Michael Laursen had testified he felt the disciplinary action was in line with similar situations, and Ms. Patula was not treated differently. Mr. Laursen had testified the action plan was not a disciplinary tool, and was merely mentioned in the disciplinary request. An action plan does not constitute "discipline". The City felt failure to follow directions can lower morale. Ms. Dougall.Sides noted the City had imposed the minimum suggested discipline for that offense: The Hearing Officer had imposed clear and convincing standards. Under these higher standards, the Hearing Officer found the City had shown, by clear and convincing evidence, a violation had occurred. According to CSB rules, the CSB is not to reject the Findings of Fact from the Hearing Officer, unless they determine substantial competent evidence was not presented. The City felt it was presented, and urged the, CSB to adopt the Hearing Officer's Order, upholding the 3~day suspension of , Ms. Patula. The 'City'S position is that the CSB has no authority to order " reimbursement of attorneys fees. Mr. Bursa questioned how the City could argue the employee action plan is not a form of discipline, since the City form, Exhibit 13, refers to disciplinary action within the past 2 years. He said Ms. Patula had been disciplined twice for the same alleged misconduct. He argued Mr. Mudano had testified completing the job audit questionnaire takes more than 2 hours. As facts are disputed, he recommended the CSB read the transcript before making a decision. ,.;:,:(~ t~;{;... Ms. Dougall-Sides said despite what was written on the disciplinary action request, Mr. Laursen had testified he had not relied on the action plan when he signed the notice of suspension. ~\l'l {~'~' )1'\ "..( i~) ';:']' Ms. Patula felt it was very important for the CSB to read the transcript. She was not aware of, any employee being disciplined for not completing a job audit questionnaire. She thought the questionnaire was an option available to have her job reclassified. ~,~~:\ Ms. Dougall.Sides urged the CSB to uphold the Hearing Officer's decision. :'~. ~,:.; ,,~ '. J ;~' t'. \ ,~'j ~ a; 't Mr. Bursa said if the CSB rules against Ms. Patula today, he would formerly object to the board not having read the transcript. ~~::< r. f, 'J :'{ .~ '~ ::. t " It was noted the CSB needs to determine if the Hearing Officer's recommendation is fair. It was felt a 3-day suspension related to the projector issue was rather severe. It was suggested Ms. Patula probably had other work besides the job audit questionnaire, and her supervisor should have provided sufficient time to complete it. . " I., , " ~, '. " " ......._J In response to a question, Mr. Mudano said he was a seasoned supervisor and had been assigned as Ms. Patula's new supervisor. He said the job audit questionnaire and the projector were not the main issues. It was noted no new evidence can be presented today; only information in the Hearing Officer's statement can be discussed. - , . .' , , ~ ., I Or'," '..1 , ,/ /:. l,' mcs 1 Ob97 3 10/28/97 ,', ........ \', ,/l '.' .'.\ , '.' :.i .:' , '/,', ).: ,,'f",\ '\(\,f' ,; ,'.'.', ;,:;,: ;)' '." ......:,'.','... I.' l ..... 'I,'j, ',! " II I, '1 "j("... .1) ~-- /j'~~~:jL-,1 "~l:;.:\ '~"~~,~:.',....,~~ll ~ J ~ .1 ~.\. I I 'i' . (+ 1.'.,~~'.:::<I'.<;l:,~,:\.:.:,;.,:.i,'.,,(,':,:',.i~':::,.'::,~:I',.',:,:'I .~~,:t,:'i.,~\" 'I'~.~'<. .~ ....,f': ,/.' 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" ' '.1:. , 1 I, ". , I J' ,": ><;:>,::"','" , ... . f' ~ . f, .' Il., ( " I ",.. : ' , '.. . ~. ., ,', \ .,' . '.1 '\ II," :.":::,<>>,: ::'."' .' I ,', , ".../,,.:/.:, ' ' , ". I,.' ",'" .' 'i;.!~: ";~'l l".~ , "..\:.,~:., I ,'f '" ,0' .," ~/ .. il'~ ~1~'~P~:;'!\!!~::','~!1~7r :{~ti~~~;jlli~~jt~~;~1?~;';~i!~ir'i!i,,~~c:\;:;j'~t:';!;~;';!i!'!:}}:1 ,<{:;;\!,,?:f:,'/!:: :::.::~'(": ':;: .~:. ::'\:(!.' ",,}, ':', ,':' '. :,',' . J ~ . . ~ .~ ;'.' , '.', '. '" ',~..,.,<~.. {.;',~ ; ~.' ~ .', , '. " " , ~I..t\ ;"'. J:" ,: . " :"'~" .~'.~ :'~,~, .I):" ", r . .~ ""'" 'M'embor Bill Carroza moved to reduce the penalty to a one-day suspensIon. There was no second. " " . . " , )'< ,,, Member: Brett mov~d to overturn Ms. Patula's 3 -day suspension and grant no att~rney fees 'to her. The"motlonwas ,~uly seconded.' Members Adams, Brett and Heliley,voted "Aye"; Member Carroza' voted "Nay." Motion carried. , :, .'- , " , The meeting adjourned at 5:45 p.m. , , :Y> \, ".". . .".1' . ',1 I, ,:." Cha~' U) UP'o(P Civil Service Board ~ ' I, . '" , ~~ :.!' < ~: , \~:.:' Attest: -./' ~m~ Board Reporter " ,'.1 '" ~ , '., " " ,f ,', ..~) " " , ,I " '.' , ' \-....), mes"Ob97 4 1 0/28/97 ..~, " ,'.1' ~"I J" ',<1t- ", ,: '., "')'" i . ~, .' I .,>,......,';." . ..J~,. I, . . \, I '.t,..,:.l~':'.\' :<.\':" :; '.. . ',"\' " \. '.,., tI I ,r. . '.'" ,'\ < " , . '! '\'.'. \'" :~',:;:--\!. /,.' ':":~.. '>: >\'" ~,,"" '{ ~ ,;.'. 1\,;:' ',,' ~l, '.': ..>:'.\,<~", ',~ :"', '..~'..'. '\.,' r" '\',,',',: / \~ J ~I '. / \ .f,..... .1" .\, .~~ .,.,......1., \:I~ , I, .\,,< " . ::.,~':: ,:,,"; ::::, ,:<~,:":":':, :~'..,:":, :':. \,1, ,:::,,':/.:~", \;.):';':~ ,:'.,';:- :;"'.'/>.,"; .;', '?;..> ~' : "':. ~'-', ;", .".';"';' "./ i~\\'\:/i".ill,'...,l:,.'., ,,..'!}..,I\: ">;.:' (, .'\~:l... ; ,'. :'1->'., :.;'.'t~J.:,;:<:,,11.1 'I '" ," ,. '\ ' ,.: I" ....... >/ I ~'. '. , ;\ oj, It.'. '. (' ..': i-, . , .., ':" I \" ,,11'( """', . \, ,"...,. ,. 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