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HomeMy WebLinkAboutCity Council Committees - Civil Services Commission - 09/09/1982 • CITY OF HUT September 9, 1982 ery TO: THE CIVIL SERVICE COMMISSION The following names represent the Eligibility List for the position of Law Enforcement Officer: Daniel A. Lanning Kenneth J. Ashurst Wayne A. Gullickson Keith Schenkel Robert A. Schroeder Charles E. Wilson Paul Cline Jim Norman Len Michael E. Johnston (10-81 list) Steven W. Phillips (2-82) Newlin J. White (2-82) Ronald W. Anderson (5-82) Michael K. Dillon (2-82) Matthew G. Onderbeke (2-82) • Michael C. Powell (2-82) Jerry A. Whitton (2-82) Frank R. Handy Douglas F. Erickson Donald E. Pace (5-82) David E. Williams (2-82) Kent M. Curry ( 10-81) Martin A. Kapsh (2-82) Donald E. Kirst (10-81) Mark E. Quillen Raymond L. Cearley (10-81) Ronald K. Belnap (2-82) William J. Coffey (2-82) Thomas V. Smith (10-81) Harry Tomak (2-82) Michael A. Strozyk (10-81) Dan R. Whisler (2-82) Michael J. Gerjets (2-82) James W. Marshall III Lee F. Stallman (5-82) Scott D. Strathy (10-81) Robert T. Charvet John G. Cheesman (5-82) Brian K. Drake (10-81) Edward D. Eacrett (2-82) • Daniel R. Fo (5-82) gm- --- ,M a: 220 SO.4th AVE.i KENT,WASHINGTON 98037 (TELEPHONE (206)8723300 Law Enforcement Officer Eligibility List - Page 2 September 9, 1982 James E. Olson (2-82) John L. Pew (2-82) Kevin L. Milosevich (5-82) • Mead D. Overby III (2-32 Mitchell L. Peterson (10-81) Charles A. Townsend (5-82) David G. Emerson (10-81) Daniel A. Russie (5-82) , Richard J. Weza (2-82) Mark A. Thacker (10-81) Charles L. Cunningham (2-82) Tim L. Morgan John A. Sherin William C. McIntyre (10-81) Allen J. Chinn (5-82) Shawn S. LaRocque (2-82) Rodney D. Wiggins (2-82) Randy C. Phillips (5-82) Allen J. Brusseau (5-82) Ronald K. Cox (10-81) Michael A. Daniels John Paquette Jr. (10-81) William Lee Ritzdorf Michael D. Brock (2-82) Charles 0. Brooks (5-82) Michael B. Byrd Jay R. Peers (5-82) David S. Rekow (5-82) George A. Moore Jr. (2-82) • Gordon W. Olin (2-82) Ronald L. Pumphrey Jr. (lo-81) Randall 0. Ralph (5-82) _Aubrey A. Smith (10-81 ) David D. Liening (2-82) Craig C. Southey (2-82) Richard R. Nault (10-81) Dennis W. Fretts (2-82) Susan M. Rullie (5-82) Jeffrey J. Inabnit (10-81) Darryl E. Jones (5-82) Jack D. Parker (2-82) William G. Barry (1 0-81) Randall C. Vaughn (5-82) Victor G. Best (5-82) Bradley R. Thornton (10-81) John W. Dow (5-82) Keith M. Hansen (2-82) Kevin W. Magraw, (5-82) Jimmy D. Lyons (2-82) Damon L. Struble John M. Lunney James H. Markham (2-82) Peter J. Lindberg (10-81) Dwight E. Hanners (2-82) 1 hereby certify that the list was legally prepared and represents the relative rating of the names appearing thereon. _ Amy Kato T. Richard Ried S � ryand ief Examiner Chairman edy ald Whitener Jh Str t KENT CIVIL SERVICE COMMISSION MEETING MINUTES September 9, 1982 The regular monthly meeting of the Commission was called to order at 8:00 a.m. IN Commissioner Fire Station headquarters by Chairman T. Richard Ried. In attendance were: Commissioner Joseph Street„with Commissioner Donald Whitener making his appear- ance during the meeting; Assistant City Attorney Barbara Heavey; Chief Angelo, Lt. Barnes and Firefighter Ist Class Fell from the Fire Department; and Captain Byerly and Lt. Everett from the Police Department. Also present: Randal L. Gainer, attorney, and James L. Hill , Vice President of 7th district of Inter- national Association of Firefighters. It was moved by Mr. Street, seconded by Mr. Ried, that the minutes of the August 19, 1982 meeting and minutes of the special meeting of August 23, 1982 be approved as presented. Motion carried. Chief Angelo reported that Martin Woodin who was Firefighter/Mechanic attended the academy and renewed his Firefighter First Class rating, doing very well . He also reported that the two new recruits, Robert Schneider and Patrick Dale, graduated from the fire academy with very good overall performance and Fire- fighter Dale achieved No. 1 position out of 25. Lt. Everett reported that the oral board which was scheduled for this Friday, the IOth, for L.E. applicants has been cancelled due to budgetary reasons and requested the latest eligibility list be certified to be ready to proceed when possible. He also reported that Leslie Wong was hired a week ago and Paul Peter started the academy yesterday. Captain Byerly added that there is one position open but they are unable to fill it at this time. In answer to Mr. Street 's question as to the budget being reduced , he was informed that the budget has not been reduced but vacant positions are not being filled at the 0 present time. The survey of neighboring agencies compiled by the secretary including a sample of Tukwila's ordinance and Renton' s indigent waiver was distributed. Discussion followed on methods by those agencies and ways of handling the money. Attorney Heavey informed the Commission that they can decide to charge without an ordinance by the City Council . She also said she is aware that Tukwila refunds the fee if an applicant shows for the exam. Mr. Street gave his opinion that if we charge a fee, collect it with no refund because of the accounting process a refund would involve. Mr. Street moved to place this item on the agenda for the next meeting when all three members will be present, seconded by Mr. Ried. Motion carried. Chairman requested Attorney Heavey to prepare a proper wording and also consider a letter of waiver for indigents. Captain Byerly suggested the secretary check with Treasurer Drotz on an account number and the procedure for having their office collect the money and issue a receipt for the applicant to show the secretary. Regarding the letter from Firefighter Local 1747, Commissioner Street briefed the Chairman on last month' s meeting and that our attorney stated that the manner in which the Union interprets RCW 41 .06.340 does not apply to the city and the union representatives were to inform their attorney of that fact. Attorney Heavey stated that she basically agreed with the firefighters ' letter that this contract may , in fact, not be enforceable after probationary period or against a regular firefighter subject to the collective bargaining process. If the city wishes to impose it, they must bargain with the union for the • right to impose if after the probationary period. But as to the first year within the probationary period, she , -Said that is within the authority of the Commission to impose that condition of employment for that period of time. As to whether or not probationary employees are part of the collective bar- gaining agreement, she said it would have to be worked out in negotiations because of the difference in viewpoints. Kent Civil Service Commission Meeting Minutes - Page 2 September 9, 1982 At this time, the third Commission member, Mr. Whitener, made his appearance. Mr. Hill , representing the firefighters' union, responded that it is their position that by the fact there is an existing collective bargaining agreement between Local 1747 and the City of Kent within that agreement, the recognition clause says 'all regular full-time uniformed employees ' and the salary schedul- within Appendix A includes the position of probationary firefighters and he said that there is no question the Local represents the probationary firefighter and every position as indicated on the salary structure. At this time, he dis- tributed copies of a letter from Thomas Grimm, attorney for the Local . It was moved by Mr. Street and seconded by Mr. Whitener to accept the letter from Mr. Grimm into the record. Motion carried. Chairman asked Captain Byerly if the Police Department agreement is now in effect to which he responded that it is. Commissioner Street stated that the letter from Mr. Grimm is challenging the opinion of the city attorneys and the Commission needs to know what author- ity we do or do not have. It was moved by Mr. Street and seconded by Mr. Whitener that the letter be referred to the city attorney's office and that a written opinion be directed to the Commission verifying or denying the state- ments made by Mr. Grimm. Motion carried. Mr. Hill stated their position that the Union has a responsibility as the exclusive bargaining unit for those employees and if they neglect in addressing the problems, they are also open for a libel suit for non-representation from any one of their future employees if they would allow this to happen. He further stated that with his experience it is an obvious unfair labor practice, more so with the Commission involved because they have no authority to negotiate with the bargaining representatives. He said he hopes to get the problem rectified and not interrupt the harmony within the City and Local . Mr. Street responded that the agreement was passed under the impression that we had the authority to do so and that is why we' re • asking for a written opinion. In answer to Lt. Barnes ' question if the 2-year agreement is now in effect for the Fire Department , Mr. Street responded that the 2-year agreement, in effect, has not been repealed. Lt. Barnes asked of the possibility of tabling it until this is resolved. Chairman inquired of Chief Angelo if it would create a problem if the agreement was postponed and Chief Angelo responded that it would not. It was moved by-Mr'. Street and seconded by Mr. Ried to rescind the authorization of June 24, Mr. Whitener abstaining from voting. Motion carried. Chairman also requested Chief Angelo for the recommendation from the Fire Department by the next meeting. In regard to microfilming, secretary reported she spoke to Mr. Webby regarding the Commission personnel file and found that the Finance Department is conduct- ing a study at the present time. It was moved by Mr. Street, seconded by Mr. Whitener, that the letter from Attorney Randal L. Gainer of August 31 , 1982 be accepted in the record. Motion carried. Mr. Gainer stated that the complaint made by the eight police officers claim that the rules and regulations in effect until the middle of last year do not comply and asked the Commission to investigate their complaint and recommend to the City that they be upgraded retroactively in compliance with the rules and regulations. He referred to Officer James Towne's case of 22 years ago and claimed the present complaint is not identical . He further stated that each of the eight officers had experience or education required under then effective Rule VII , Section 4, but were denied such credit , and he requested the Commission to consider these complaints and make recommendations to the city about whether the complaints are valid or whether the complaints • are not valid. He stated that if the Commission is still of the opinion they were when the Towne complaint was investigated that the collective bargaining agreement between the police officers ' union and the city somehow precludes in effect to -the Civil Service rules then that matter will have to be taken to King County Superior Court. Attorney Heavey referred to Rule IV, Section 3, whereby the secretary and chief examiner shall investigate and report the Kent Civil Service Commission Meeting Minutes - Page 3 September 9, 1982 complaint and recommend to the Civil Service Commission and the Commission may investigate, make recommendations, but basically to accept the complaint and investigate the matter. Ms. Heavey gave her opinion that (1 ) the rule the police officers are attempting to enforce no longer exists and one cannot go back indefinitely in enforcing a rule that no longer exists. (2) You have already decided the issue under the pre-existing rule and had no authority to write that rule in the first place, on promotions also; that it is a manage- ment responsibility. The Commission is to certify the eligibility list and not to order or recommend that some particular person be promoted. Her comments were that an officer with that experience or education was not automatically eligible to take a B examination at an earlier time. She further stated that there is no Superior Court rule that says Civil Service Commission takes pre- cedence over the collective bargaining agreement and she said she disagreed with Mr. Gainer that it is a clear-cut area of the law; it is not; that every state is wrestling with the problem of where the collective bargaining agree- ment begins and ends and where the Civil Service authority begins and ends-- it is not a clear cut-issue. She asked procedurally to dismiss the complaints and not investigate any further. Mr. Gainer responded that if the Commission hasn' t the authority to set the requirements that credit can be given for prior experience and education, that 's the reason they changed the rule, he asked why Rule VII , Section 4, in the current rule states the same rule for the positions of sergeant and lieutenant. He concluded that the Commission does have the authority and asked that they follow all the rules . Attorney Heavey reviewed the former rule and said it does not specify an automatic promotion to B. Chairman Ried said that the Commission' s position at that time and now was discretionary and there was an overriding rule by the collec- tive bargaining agreement. Commissioner Street moved that the complaint as presented be denied with the recommendation of the city attorney on the eight • requests submitted today, seconded by Mr. Whitener. Motion carried. It was moved and seconded ,by Mr. Street and Mr. Whitener .respectively, that the Law Enforcement Officer Eligibility List of September 9, 1982 be certified as follows: Daniel A. Lanning William J. Coffey (2-82) Kenneth J . Ashurst Thomas V. Smith (10-81 ) Wayne A. Gullickson Harry Tomak (2-82) Keith Schenkel Michael A. Strozyk (10-81) Robert A. Schroeder Dan R. Whisler (2-82) Charles E. Wilson Michael J. Gerjets (2-82) Paul Cline James W. Marshall III Jim Norman Len Lee F. Stallman (5-82) Michael E. Johnston ( 10-81 list) Scott D. Strathy (10-81) Steven W. Phillips (2-82) Robert T. Charvet Newlin J. White (2-82) John G. Cheesman (5-82) Ronald W. Anderson (5-82) Brian K. Drake (10-81) Michael K. Dillon (2-82) Edward D. Eacrett (2-82) Matthew G. Onderbeke (2-82) Daniel R. Fowler (5-82) Michael C. Powell (2-82) James E. Olson (2-82) Jerry A. Whitton (2-82) John L. Pew (2-82) Frank R. Handy Kevin L. Milosevich (5-82) Douglas F. Erickson Mead D. Overby 111 (2-82) Donald E. Pace (5-82) Mitchell L. Peterson 0 0-81) David E. Williams (2-82) Charles A. Townsend (5-82) Kent Mr. Curry (10-81) David G. Emerson (10-81 ) • Martin A. Kapsh (2-82) Daniel A. Russie (5-82) Donald E. Kirst (10-81) Richard J. Weza (2-82) Mark E. Quillen Mark A. Thacker (10-81) Raymond L. Cearley (10-81) Charles L. Cunningham (2-82) Ronald K. Belnap (2-82) Tim L. Morgan Kent Civil Service Commission Meeting Minutes - Page 4 September 9, 1982 Law Enforcement Officer Eligibility List - September 9, 1982 (cont'd.) John A. Sherin David D. Liening (2-82) • William C. McIntyre (10-81) Craig C. Southey (2-82) Allen J. Chinn (5-82) Richard R. Nault (10-81) Shawn S. LaRocque (2-82) Dennis W. Fretts (2-82) Rodney D. Wiggins (2-82) Susan M. Rullie (5-82) Randy C. Phillips (5-82) Jeffrey J. Inabnit (10-81 ) Allen J . Brusseau (5-82) Darryl E. Jones! (5-82) Ronald K. Cox (10-81) Jack D. Parker ',(2-82) Michael A. Daniels William G. Barry (10-81) John Paquette Jr. (10-81) Randall C. Vaughn (5-82) William Lee Ritzdorf Victor G. Best (5-82) Michael D. Brock (2-82) Bradley R. Thornton (10-81) Charles 0. Brooks (5-82) John W. Dow (5-82) Michael B. Byrd Keith M. Hansen (2-82) Jay R. Peers (5-82) Kevin W. Magraw (5-82) David S. Rdkow (5-82) Jimmy D. Lyons (2-82) George A. Moore Jr. (2-82) Damon L. Struble Gordon W. Olin (2-82) John M. Lunney Ronald L. Pumphrey Jr. (10-81 ) James H. Markham (2-82) Randall 0. Ralph (5-82) Peter J. Lindberg (10-81 ) Aubrey A. Smith (10-81) Dwight E. Hanners (2-82) Motion carried. Because of other commitments for the third Thursday of October, the next meeting date was set for October 14, 1982 at 8:00 a.m. at Fire Station Head- quarters. • It was moved by Mr. Whitener, seconded by Mr. Street,to adjourn the meeting. Motion carried. Meeting adjourned at 9: 15 a.m. Respectfully submitted, I Amy E. Kato Secretary and Chief Examiner Approved: T Richard Ried hairman