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HomeMy WebLinkAboutCity Council Committees - Civil Services Commission - 06/21/19940! t Members Present: Scheduling Conflict: CITY OF KENT CIVIL SERVICE COMMISSION SPECIAL MEETING MINUTES Tuesday, June 21, 1994 Michael Pattison Ron Banister Callius Zaratkiewicz Others Present: Sgt. Weissich, Ofc Tracey Church. Chair Pattison called the meeting to order at 8:01 a.m. I. HEARING: Decision and final formal findings on Officer Tracey Church's Appeal. City Attorney Lubovich commented that "We had an appeal of a Police Department decision at the last regular meeting. After hearing the testimony and evidence the Commission went into Executive Session into deliberation and decided, at that time, to prepare some findings and a decision and present it within ten (10) days as allowed by the rules. I had a concern at that time that there might be a problem with Open Public Meetings Act and that dealing with Executive Session and taking action outside the realm of the meeting. RCW 42.31.40 provides that that portion of the meeting of a quasi judicial body which relates to a quasi judicial matter between named parties and as distinguished from a matter relating to general effect on the public or on a class or group. Basically if you have that kind of a setting its exempt from the Open Public Meeting Act, but it does say that portion of the meeting. To me that infers that you have to have deliberation at the meeting in Executive Session or to that effect. Other jurisdictions have taken a different view and stated that they can make their deliberations and discuss the matter outside the meeting at home or wherever. Come back or just issue a findings and ruling. I've recommended against that because its questionable whether or not thats an appropriate approach. That is why we are having a Special Meeting here. Mr. Pattison has prepared a draft of proposed findings and ruling, based on that I understand that we will go into Executive Session and deliberate or review those findings and ruling, make any changes that are appropriate and then come out with a finding and a ruling at that time, back in Open Session. Unless there are any questions?' Chair Pattison said it was clear to him. C/A Lubovich stated that it was done a little differently at the last hearing. There was actually a decision made at the conclusion of the Executive Session. Subsequent to that Findings were prepared and they were submitted for final approval at the next Regular Commission meeting. In this particular Appeal it was desired to formulate the findings after the Executive Session and thats why this format is a little different. Thats why we're coming back to this Special Meeting, back into deliberations to review those findings and then issue a decision. The Commission went into Executive Session at 8:05 a.m. • 4 Reconvened at 8:18 a.m. Vy J -4 - Page 2 Civil Services Special Meeting Minutes June 21, 1994 Chair Pattison read the Commissions "Findings of Facts, Conclusions of Law and Ruling of the Civil Service Commission". (Copy attached) The Commission ruled that the Departments actions be sustained. Both the Commissioners then signed the document. Chair Pattison: "There being no questions or objections I move that we adjourn." Adjourned at 8:24 a.m. The next Civil Service Meeting will be held on Thursday, July 21, 1994 at 8:00 a.m. in Council Chambers West. Approved:A�I( /- Mike Pattison, Chair minjune2.wpd Respectfully submitted, Catherine M. Guiguet Secretary & Chief Examiner BEFORE THE CIVIL SERVICE COMMISSION OF THE CITY OF KENT IN RE: APPEAL OF OFFICER TRACEY CHURCH NO. 94-1 FINDINGS OF FACTS, CONCLUSIONS OF LAW AND RULING OF THE CIVIL SERVICE COMMISSION I. DECISION APPEALED The one day suspension imposed by the Police Department as a result of a vehicle accident, Case Number 93-8530. II. INTRODUCTION This matter was heard by the City of Kent Civil Service Commission on June 16, 1994, appealing the discipline imposed upon Officer Tracey Church in regards to vehicle accident, Case Number 93-8530. III. FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. The parties stipulated to the hearing procedure set forth in writing prior to the meeting -16 and to the jurisdiction of the Commission and the Commissioners. 2. The accident was deemed as preventable by the Vehicle Safety Review Board. 3. On March 4, 1994 Officer Church and her union representative Sergeant Weissich responded to the Departments proposed disciplinary action at which time they stated their case. Chief Crawford again reviewed the information regarding the accident. Chief Crawford imposed a one day suspension without pay. 4. In a memo dated April 3, 1994 Officer Church requested a hearing before the Civil Service Commission in accordance with Civil Service Rule Number XV, Section 4. The hearing was held June 16, 1994. 5. The facts surrounding the accident are not in dispute nor are the findings of the Vehicle Safety Review Board. 6. At the hearing, attorney for the appellant set forth the basis for the appeal: "It's simply that the penalty appears to be disproportionate. It does not appear to be consistent with the Civil Service Rule that discipline be for just cause."