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HomeMy WebLinkAboutCity Council Committees - Civil Services Commission - 03/19/1987 (3) • CIVIL SERVICE COMMISSION MEETING MINUTES March 19, 1987 The regular meeting was called to order at 8 a.m. by Chairman T. Richard Ried. In attendance: Commissioners Michele G. Hinz and Joseph A. Street, City Attorney Driscoll, Administrative Assistant Webby, Captain Byerly, and Battalion Chief Fronsdahl. The minutes of January 29, 1987 were accepted as corrected. Mr. Street moved to accept the minutes of February 24, 1987 as presented. Ms. Hinz seconded and the motion carried. Battalion Chief Fronsdahl reported that the nine new firefighters reported for duty on Monday, the 16th, and are going through orientation and will be attending the academy next Monday for six weeks. Chairman Ried entered for the record his congratulations to Assistant Chief LaBore for the Medal of Merit Award he will be receiving tonight. Captain Byerly reported the following names from the police officer eligibility list have been removed by the Secretary: Sean J. Hartsock, who withdrew for other employment; Don E. Stevens, failed polygraph; John F. Barnes, failed oral board; Anthony A. McNabb, failed oral board; Kirk T. D. Mills, failed oral board; Russell S. Fick, failed background investigation; Peter B. Joyce, failed background investigation; Robert M. Rost, failed oral board; David M. Eikum, failed oral board; Douglas P. Jenkins, failed polygraph; Veronica P. Macias, failed oral board; and Curtis L. Tucker, failed oral board. Captain Byerly noted that four of the six positions have been filled. Captain Byerly distributed draft copies of proposed revisions to the Rules to include lateral transfers in the classified service of the Police Department. Revisions are proposed to include the definitions of " lateral entry" in the Table of Contents, Rule VI, Section 1 , and a new section, Section 3, Rule VII , Section 1, Rule X, Section 1 , Rule XI, Section 1 , Rule XII, Section 1, and new section, Section 8. Captain Byerly clarified that lateral entry is proposed for line level police officers and there will still be a one year probationary period. He explained that these proposals are yet in the preliminary stages. Each of the proposed changes and additions were reviewed and discussed by the Commission. Copies of Chief Frederiksen's memo dated February 20, 1987 were sent prior to this meeting to the Commission members. They told of the appointments to the position of Probationary Police Officer of Robert R. Hobdy, Darin P. Majack, and Lisa Gullikson. Gary R. Fox was appointed to Probationary Police Officer III . All appointments are effective February 23, 1987. Ms. Hinz moved, Mr. Street seconded, to accept the memos into the record. Motion carried. The memo of February 24, 1987 from Assistant Chief LaBore informing of the promotion of Raymond Shjerven to First Class Firefighter effective February 16, 1987 was read. Mr. Street moved, Ms. Hinz seconded, to accept the memo into the record. Motion carried. Copies of Battalion Chief Fronsdahl 's letters of February 27, 1987 to the nine probationary firefighters were sent to the Commission members prior to this meeting. The letters are to James G. Merritt, Conrad V. Matsuoka, Christopher A. Kroha, Christopher 0. Lindahl , John K. Peiguss, Kenneth R. Heintz, Robert W. Johnson, Roger A. Stubblefield and John P. Nohr informing them of their appointments effective March 16, 1987. Mr. Street moved, Ms. Hinz seconded, to accept the letters into the record, and motion carried. Copies of Chief Frederiksen' s memo to the Police Department personnel , dated March 2, 1987, was also provided to the Commission previously. The memo informed of the promotions of Robert M. Holt and William H. Mitchell to the rank of Police Sergeant and their temporary assignments. Ms. Hinz moved to accept the memo into the record. Mr. Street seconded and motion carried. The letter from police applicant, James R. Kinnunen, requesting permission to inspect and receive copies of all documents and records in his files was the next item on the agenda. Ms. Driscoll explained and interpreted the Public Records Act. She said his file is a public record. Under State statutes, an employee has the right to look at his records. Ms. Driscoll commented as to disclosure, the Supreme Court recently created a general right to privacy under the law. She said if Mr. Kinnunen is permitted to see his records, it would be open to others as well . She noted there are many items in his file that would violate the right to privacy. Under the Public Records Law, there is a list of items that are exempt from disclosure, among them test questions, scoring keys, or other examination data used to administer a licensed employment or academic examination. The court has established another exemption area if a particular record would substantially and irrevocably damage a vital government function, it should not be released. To release some of the Police Department's confidential testing of individuals is a private type of data which would substantially and irrevocably damage vital government function. In addition, she said the Public Records Law was passed in general that records should be released if it is going to be in the interest of the public to see how a government functions. Under that analysis, she said it seems Mr. Kinnunen wants to see the records for his own individual reasons, not to see how the government functions. For those reasons, Ms. Driscoll recommended not releasing anything other than a few documents of general correspondence that he has already seen. She suggested she would draft a letter to Mr. Kinnunen for the Secretary, giving a detailed reason for the denial. She cautioned if he should challenge, he could get remuneration and attorney's fees if he is successful , but she thinks the Commission has a strong argument. Mr. Street moved to instruct the City Attorney to direct a response to Mr. Kinnunen. Mr. Ried amended the motion to "draft a response for the Secretary's signature". Ms. Hinz added an amendment to accept the City Attorney's recommendation to deny access to the meat of the material he is seeking. Ms. Hinz seconded the motion and amendments. Motion carried. Copies of the letter from Firefighter Andre Yoakum and the response from the Secretary were provided earlier to the Commission. Ms. Hinz moved and Mr. Street seconded to direct Secretary to respond to Mr. Yoakum confirming the initial letter to him. Motion carried. - 2 - • The memo dated March 18, 1987 from Assistant Chief LaBore informing of the following promotions was read: Brian Kingery, Aldrich Krepela, Richard Olsen, Bob Rush, Ron Sweigard, and Guy Thompson to Third Class Firefighter, effective March 10, 1987. The following were promoted to Second Class Firefighter, effective March 16, 1987: Brian Bratz, Kevin Garling, Roger Kacmarcik, Keith Kepler, Kent Knight, Gary Read, John Robbins, and Dennis Wilson. The next meeting date is April 16, 1987, 8 a.m. , in the Council Chambers. Meeting adjourned at 9:20 a.m. Respectfully submitted, Amy E. Kato Secretary and Chief Examiner Approved: • T a d Chairman • 224V-lV - 3 -