Loading...
HomeMy WebLinkAboutCity Council Committees - Civil Services Commission - 01/23/1986 (3) CITY OF i i\ January 23, 1986 TO: THE CIVIL SERVICE COMMISSION The following names represent the Eligibility List for the position of FIREFIGHTER: Robert B. Rush Jeffery L. Bellinghausen Richard F. Olsen Ronald L. Sweigard Guy J. Thompson Aldrich J. Krepela Jr. Brian G. Kingery James A. Lutz Martin W. Smale John F. Lytle Jr. Peter J. Sandford Jon A. Morris Eric L. Pedersen Michael A. Gerber Jeffrey C. Bennett Gary P. Henak Bryce A. Jacobson Dennis M. Upton James M. Swift Todd M. Chism Timothy W. McCoy Eric H. Johnson Paul A. Giuntoli Christopher 0. Lindahl Christopher R. Murphy Eric A. Walker Harry S. Tarica I hereby certify that the list was legally prepared and represents the relative rating of the names appearing thereon. Amy E. Kato Secretary and Chief Exam' er T. Richard Ried �T A. Street chele G. Hinz ' Chairman �go 220 4th AVE, SO., / KENT,WASH INGTON 98032 5895/ TF LF PIMNE (206) 372 3400 • CIVIL SERVICE COMMISSION MEETING MINUTES January 23, 1986 The regular meeting was called to order at 8:00 a.m. by Chairman T. Richard Ried. In attendance: Mr. Ried, Commissioners Michele G. Hinz and Joseph A. Street, City Attorney DiJulio, Administrative Assistant Webby, Chief Angelo, Battalion Chief Bond. Also present: Thomas Waldron, Executive Search Consultant and Tom Shepard, Fire Union Representative. Acting Captain Ken LaBelle appeared during the meeting. Mr. Street moved, Miss Hinz seconded, to approve the minutes of the December 19, 1985 meeting. Motion carried. Because most reports will be covered under old business, City Attorney DiJulio did state, as a matter of information, that with the change in Administration, he will be Acting City Administrator, effective February 18. He also informed of the changes in the-City Attorney's office with three positions yet to fill , and that there may be some delays. Mr. Webby reported on the final process for the selection of Police Chief and that Tom Waldron has prepared his recommendation of the seven finalists. He said the final exam process will take place on January 27, 28, and 29. Under old business, Mr. DiJulio suggested that the proposed pre-termination hearing will be circulated to the Fire and Police Departments for review and comment. He will make a determination with respect to their positions on it and continue this issue until the next meeting. He further commented that the Civil Service Commission is the most appropriate place to determine whether or not the right to a pre-termination hearing has been satisfied. Regarding the probationary period for returning firefighter, Mr. DiJulio quoted from Rule XVI, Section 4, which provides for reinstatement of a resigned firefighter or police office within two years. He noted the rules do not answer the inquiry and his review of the rules provides little guidance on the subject matter. The rule provides for reinstatement to a position. His analysis concludes that no seniority rights are provided and there is no right to a particular place on a reinstatement register and the right is totally contingent on the approval of the Chief. He summarized the alternatives are: authorize reinstatement as conditioned by the Chief or direct the City Attorney to prepare a formal revised rule to incorporate what the Commission chooses, either providing or not providing for a probationary period, as the Commission deems appropriate. Chairman inquired that if the Commission adopted a probationary period based on the Chief's recommendation, does that establish a precedence for the next reinstatement. Mr. DiJulio responded that it will still be based upon the Chief's approval on these items. Miss Hinz asked for clarification for in the future, would it be a good idea to insert something into the rules along the lines of "consent of the Chief may be conditioned upon by a probationary period, physical exam or other such testing. " Mr. Street questioned the City Attorney, when discussing the matter of seniority if there would be a conflict with the Union contract. Mr. DiJulio responded that he considered that issue as well . He ' said (1 ) the standard labor relations rule is that just as a retiree is no longer subject to the collective bargaining agreement, a person, prior to hiring, is not subject to the collective bargaining agreement. (2) Issue of past practice. (3) Seniority, there is no reference to seniority in the collective bargaining agreement. Chief Angelo clarified that until the potential hiring freeze and budget cuts are resolved, he is not requesting anything from the Commission at this time in this specific case. He said it may have some strategic applications throughout the year as to when and how he hires. Mr. Street moved to direct the City Attorney to draw appropriate amendments to the rule to cover the situation. Miss Hinz seconded. Motion carried. Mr. DiJulio reported he had not had an opportunity to work on the pre-employment agreement for the Fire Department. Regarding ending continuous testing for the Police Department, Mr. DiJulio explained he has reviewed the continuous testing issues, particularly Rule XI. His analysis is that he does not see anything in the rule that would require revision. The only concern about the form of the current rule; Rule XI , Section 4, which provides: No list shall be altered or revoked except upon written notice to all persons whose standing may be affected and upon the entry of the reason in the minutes of the Commission." Referring to Rule XI, Section 2, which provides for effective life of lists, he didn't think that anything had to be taken out of the rule, but the Commission may want the addition of language to the effect that, "There shall be an effective life of an entry-level register except in the case when continuous testing is authorized. He said it may be appropriate for the Commission to consider putting a time limit on the effective date of the entry-level list so it would not have to be dealt on a case-by-case basis as years go by. Mr DiJulio clarified that the existing probationary police officers' list is currently in effect and if continuous testing was eliminated, the list would have to be terminated and notices sent to each person on the list. There would be no list to hire from. The next time the Department has an opening, they would have to conduct the test, promulgate a list, and the time limit can be set on the register by rule or establish a time limit at the time that the list is promulgated. On the question of the wishes of the Police Department to discontinue the contin- uous testing concept and terminate the existing list, Acting Captain LaBelle responded affirmatively to the question of ending continuous testing but he had not discussed the issue of terminating the existing eligibility list with Acting Chief Byerly. Mr. DiJulio advised the Commission that he will work with the Police Department to determine what their wishes are and draft a rule and motion to the extent necessary to cover the specifics on how they wish to provide for the transition from continuous testing to the type of testing process that is currently on-going with the Fire Department. Action will be taken at the next meeting. The Secretary expressed concern about the names on the current list who have successfully completed the oral boards and because of the .proposed budget cuts are in a "wait" situation. Mr. Street expressed concern about the appli- cants on the list, if terminated, who will be demanding a refund of their appli- cation fee. The City Attorney said it will have to be addressed at the next meeting. The following correspondence regarding the resignation, effective August 10, 1984 of Mark Golder were read: Letter of August 10, 1984 from Mark Golder; response of August 10, 1984 to Golder from Chief Angelo, and a memo of August 14, 1984 to -2- Mr. Webby from Asst. Chief LaBore. Mr. Street moved to accept the correspondence into the record, Miss Hinz seconded. Motion carried. The Secretary said copies of the revision to Rule XII, Section 4, will be distributed at the conclusion of the meeting. Mr. Street moved and Miss Hinz seconded, to approve the Firefighter eligibility list of January 23, 1986, as presented: Robert B. Rush Jeffery L. Bellinghausen Richard F. Olsen Ronald L. Sweigard Guy J. Thompson Aldrich J. Krepela Jr. Brian G. Kingery James A. Lutz Martin w. Smale John F. Lytle Jr. Peter J. Sandford Jon A. Morris Eric L. Pedersen Michael A. Gerber Jeffrey C. Bennett Gary P. Henak Bryce A. Jacobson Dennis M. Upton James M. Swift Todd M. Chism Timothy W. McCoy Eric H. Johnson Paul A. Giuntoli Christopher 0. Lindahl Christopher R. Murphy Eric A. Walker Harry S. Tarica Motion carried. Copies of the memo of January 15, 1986, regarding new-hire testing, from Battalion Chief Bond were distributed and accepted as a matter of record. Chief Angelo explained the Department would like to begin testing earlier in the fall , to have testing completed by the holiday season, avoiding adverse weather conditions and to have the recruits ready for the State Academy. He would like to have the eligibility list begin January 1 and expire at the end of the year. Mr. DiJulio suggested that because there is no pressure concerning the present list, that he work with both Departments in resolving their respective issues and provide comprehensive rules to address both issues. He advised that rules need not address the timing but the life of the register and that a process for register termination should be addressed. He supposed the life of the list at the entry level for both Departments should be one year. There is nothing to preclude the Fire Department from starting their testing earlier than previously done because the list would continue through the end of the year or period -3- designated by the Commission or until a new list is promulgated. He will to incorporate these details into Rule XI in respect to eligible list. Regarding the request in the memo to grade the physical agility on a pass/fail basis, Mr. DiJulio recommended that when the Department request the next exam, the Commission, in approving the exam and determining the method of grading, can address this issue at that time. Mr. Street moved to direct the City Attorney to work with the Fire Department on the amendment to the rules in respect to eligi- bility lists for entry-level firefighter. Miss Hinz seconded. Motion carried. The memo of January 10, 1986 from Firefighter John M. Willits requesting early testing for Firefighter First Class was read. Also included were a notarized letter from Fred W. Rix of the Department of Natural Resources and a certificate of attendance of 444 clock hours at L.H. Bates Vocational Institute. A letter from Tom W. Smith, J.A.T.C. Secretary, granting Willits permission to take the test was also read. Miss Hinz moved, Mr. Street seconded to approve the early testing for Firefighter Willits. Motion carried. Mr. Webby again introduced Mr. Waldron to the Commission. Mr. Webby also informed the Commission that the local Disability Board had recommended disability retirement on Chief Skewes and the State Retirement System has approved the Board's decision. The list of final candidates for the position of Police Chief was distributed by Mr. Waldron. Mr. Webby described the final selection process to be conducted beginning with the assessment center exercises on Monday, January 28, psychological exams on Tuesday, January 29, and • oral-interview process on Wednesday, January 30. The finalists for the position are as follows: Charles Fessler Dennis Byerly Edward Ingram Rodney Frederiksen Kenneth LaBelle Frank Premo Charles Wheeler Alternates: Richard Niemisto Jack Mcdonald David Easton Mr. Street moved to approve the final list of seven candidates and three alternates and direct the Personnel Department to proceed with the testing as presented at the previous meeting. Miss Hinz seconded. Motion carried. Due to a conflict in Mr. Street's schedule in February, the next regular meeting was scheduled for February 27, 1986 at 8:00 a.m. in the Council Chambers, if available. Secretary will check on availability and inform all concerned. -4- . Mr. Webby stated, assuming a list will be ready shortly after January 29, that he will request a special meeting to certify the eligibility list for the Police Chief position. Mr. DiJulio clarified that a special meeting notice, noting the purpose of the meeting, should be give the local newspapers through the City Clerk. Meeting adjourned at 8:55 a.m. Respectively submitted, Amy E. Kato Secretary and Chief Examiner Approved: T. Richard Ried Chairman ' 105V-lV -5- I