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10/28/1999CIVIL SERVICE BOARD CITY OF CLEARWATER October 28, 1999 Present: Colbert Henley Chair Bill Carroza Board Member John Armbruster Board Member Paul O’Rourke Human Resources Administrator Rick Ebelke Assistant Human Resources Director Leslie Dougall-Sides Assistant City Attorney Richard Baier Public Works Administrator John McGuire Attorney for Robert Perkins Deborah Ford Administrative Analyst Absent: Catherine Adams Board Member Debbie Turner Board Member Chair Henley called the meeting to order at 5:10 p.m. at the Municipal Services Building. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #2 – Approval of Minutes The Chair asked that the minutes from April 13, 1999, be amended to reflect that Member Carroza presented to the Human Resource Administrator questions and comments on the rule changes. The minutes for April 13, 1999, were approved as amended and the June 15, 1999, minutes were approved as submitted. ITEM #3 - Board Action - Hearing Officer’s Recommended Order Re: City of Clearwater vs. Robert R. Perkins The Board considered the Recommended Order submitted by Hearing Officer Joseph Cianfrone in the termination of Robert R. Perkins. For the record, John McGuire, attorney for Robert Perkins, contested the Hearing Officer’s Recommended Order; the City did not. Member Bill Carroza moved to establish the time limits for the hearing as ten minutes for each side to make a presentation, five minutes for rebuttal, and ten minutes for summations. The motion was duly seconded by John Armbruster and carried unanimously. Paul O’Rourke, Human Resources Administrator, read the charges and specifications into the record. He also offered into evidence the transcript of the hearing before Mr. Cianfrone, as well as the exhibits that were admitted during the course of that hearing. Mr. McGuire addressed the Board regarding this matter. He stated that the respondent’s position was that since his drug arrest occurred during his lunch hour, he should not have been terminated for violating the City’s anti-drug policy by buying or selling drugs during work hours. He stated Mr. Perkins has had a substance abuse problem since he was 13 years old and the City should have helped him by allowing him to enter a rehabilitation program rather than terminate him. Leslie Dougall-Sides, Assistant City Attorney, restated the City’s position as presented to the Hearing Officer. Mr. Perkins violated the City’s anti-drug policy and violation of this policy is cause for immediate termination. She stated Mr. Perkins held a responsible position with the Public Works Department and the testimony of the Police Officers should establish that a violation did occur and the City’s action was appropriate. She also stated that Mr. Perkins could have availed himself of the City’s Employee Assistance Program for assistance with his abuse problem. Member John Armbruster asked for clarification as to whether or not refusal to take a drug test was cause for termination. He was advised that this is cause but Mr. Perkins was not terminated for this reason but as a result of the drug arrest. Member Carroza asked how many hours Mr. Perkins worked because the record referenced 37.5 and 42.5. Mr. McGuire advised him that Mr. Perkins worked 37.5 and had five hours a week non-paid for lunch. Mr. Carroza also questioned whether there was a difference under the policy if someone was selling drugs on or off duty and was advised that there was not. Chair Henley stated if Mr. Perkins was arrested at 1:49 during his lunch and went through the arrest process, this would have taken him past his lunch hour and into City-paid time. Member Carroza moved to uphold the Hearing Officer’s Recommended Order. The motion was duly seconded by John Armbruster and carried unanimously. ITEM #3 – Change to Rule 3: Defining the Career Civil Service and Exempt Service Mr. O’Rourke explained to the Board that under the current Civil Service Rules, employees who are paid a commission are not eligible for inclusion in the career civil service. The City has seven employees in the Gas System who are paid commissions and the City now wants to include them in the career civil service. Although they are paid commissions and have contracts, they do not meet the IRS definition of independent contractor. These employees will now be eligible to participate in the City’s Pension Plan. Mr. O’Rourke also advised the Board that there are eleven other contract employees. The status of these employees will be changed through establishment of additional FTE’s, attrition, etc. Chair Henley moved that these employees be brought into the fold and others be eliminated through attrition, etc. The motion was duly seconded by Bill Carroza and carried unanimously. ITEM # 5 – Director’s Reports Mr. O’Rourke advised the Board that the Civil Service rule changes have been on hold pending the conclusion of contract negotiations. In the next few weeks we will meet with the Unions regarding the rule changes and will bring the final version to the Board in January or February. ITEM #6 – Old Business—None. ITEM #7 – Other Items for Board Discussion—None. ITEM #8 – Employees/Citizens to be Heard—None. The meeting was adjourned at 5:59 p.m.