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HomeMy WebLinkAboutCity Council Committees - Civil Services Commission - 08/19/1982 KENT CIVIL SERVICE COMMISSION MEETING MINUTES August 19, 1982 The regular monthly meeting was called to order by Acting Chairman, Donald Whitener, in the absence of Chairman Ried. In attendance: Commissioner Joseph Street and Assistant City Attorney Heavey. Also present: Assistant Chief LaBore, Lieutenant Moline and Firefighter Nutter from the Fire Department and Captain Byerly and Captain Rees from the Police Department. It was moved and seconded to approve the minutes of the July 14, 1982 meeting as submitted. Motion carried. Assistant Chief LaBore reported he had sent to the Civil Service Commission a list of names of candidates who passed the First and Third Class exams, which will come later on the agenda. Captain Rees reported that Leslie H.N. Wong will be starting employment with the Police Department on August 30th. He also requested an executive session to discuss the background investigation of one of the candidates on the eligi- bility list. He also informed the Commission of the entry level examination held on Saturday, August 14, the results of which are being awaited. As soon as the results are received, the department will be requesting an oral board of the candidates to fill one vacant position. Secretary reported that 34 out of 71 possible candidates took the physical agility examination on August 14 with 8 failing the test. Mr. Whitener asked about the high 'no-show' rate and the secretary responded that some of the neighboring agencies are charging from $5.00 to $10.00 an applicant to help defray the cost of the exam, consequently, they have fewer 'no-shows ' . Captain Rees noted for-Mr. Street that recent advertisements by various agencies indicate it is relatively common to charge. Secretary was instructed to obtain a survey of 4 or 5 neighboring cities and submit a report to the Commission. Secretary also reported on her attendance at the Civil Service workshop held in Yakima last month where a variety of issues and problems were presented and discussed and ideas exchanged. One of the guest speakers was Mr. Stephen DiJulio, our new city attorney. The letter from Kent Fire Fighters IAFF Local 1747 dated July 22, 1982 was the next item on the agenda. Attorney Heavey stated she had discussed the situation with Mr. DiJulio and reviewed the contract with him and it appears in the contract that probationary employees are not covered under the contract and so to the extent that they are not covered, the Civil Service and also the administration can control the probationary employee, therefore, this rule can be imposed up to the extent of the probation of the employee. Above and be- yond that, when they are out of probation, they are covered under the contract and that part would be negotiable. She said that as to the asking of a new employee to sign and enforcing it during the probationary period is within the realm of the Civil Service Commission. Assistant Chief LaBore related Chief Angelo's request that if there is diffi- culty, the department be allowed to revise the agreement so that is says 'one year' instead of ' two years' . It was moved and seconded to acknowledge receipt of the letter from Fire Fighters IAFF Local 1747 for the record and that the Fire Department be directed to sub- mit their recommendation of an amendment to our regulation concerning this matter. Motion carried. Kent Civil Service Commission Meeting Minutes - Page 2 August 19, 1982 Representing the Fire Fighter Union, Lieutenant Moline questioned Attorney Heavey as to the classification of a 'probationary employee' . Attorney Heavey replied that under Article 1 of the Fire Fighter contract, the employer is recognized as the exclusive bargaining representative of all regular full- time employees. He then requested a definition of ' regular' employee, to which the attorney responded that under Civil Service rules , a ' regular' em- ployee is one who has passed the probationary period. Discussion followed on the interpretation of 'probationary' and ' regular' . Lt. Moline explained that the Union has recognized that there is no contract exclusion for proba- tionary firefighters in the contract, they they have been recognized and included in the contract in the past years and that the City recognizes under Article II that the Union accepts the responsibility of representing all employees regardless of membership standards. Attorney Heavey responded that they have not been specifically included by the use of the term ' regular' , that the classification in the police and fire departments is 'probationary' or ' regular' . Because of the time element , the discussion was continued for further clarification by mutual agreement, but Lt. Moline added that the Union was not against what is proposed, but against the manner in which it is proposed, that the Union is definitely not in agreement. Commissioner Street assured him that the situation will be resolved one way or another, that the depart- ment is going to submit an amendment and the attorneys will also work with it. Attorney Heavey referred to the Union's letter of July 22, third paragraph, in reference to RCW 41 .06.340 which applies to state Civil Service and not to municipal Civil Service. Mr. Street advised the union representatives to inform their attorney of that fact. The memo from Assistant Chief LaBore of August 1 , 1982 was read. It noted the promotional appointments to Firefighter First Class , effective August 1 , 1982: John King , Mike DeHart , Kent Huntington, Jeff Kurle and Tom Shepard; and to Firefighter Third Class, effective August 1 , 1982: Phil Palady. It was moved and seconded to accept the memo from Assistant Chief LaBore into the records. Motion carried. The letter of resignation dated August 21 , 1981 and effective the same date from Michael D. Sanford was read. It was moved and seconded to accept the letter into the records. Motion carried. The letter of resignation dated August 16, 1982 from Roger H. Tanaka, effective August 20, 1982, was read. It was moved and seconded to accept the letter into the records. Motion carried. Captain Byerly inquired if it still is as critical to microfilm the Civil Ser- vice personnel files now that the Civil Service office is situated in City Hall , but he thought it should be seriously considered. He said it appears there is about a day's labor to microfilm the Commission personnel file at about $6.00 an hour. Mr. Street thought it definitely should be done. Secretary was in- structed to discuss the matter with Mr. Webby and report back at the next meeting. Captain Byerly also suggested inquiring if former employees' files should also be microfilmed and destroying the originals. At this time the meeting went into executive session at the request of the Police Department.