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HomeMy WebLinkAboutCity Council Committees - Civil Services Commission - 03/16/1995 / CITY OF KENT CIVIL SERVICE COMMISSION MEETING MINUTES Thursday, March 16, 1995 Members Present: Mike Pattison Ron Banister Callius Zaratkiewicz Others present: Sgt Stone, Cpt C.E. Miller, Ofc Martinez, A/C Aldridge, Detective K. Holt, Sue Viseth, others present. Chair Pattison called the meeting to order at 8:05 a.m. I. COMMISSION BUSINESS: Chair Pattison updated the Commission on his meeting with the Mayor regarding the reorganization of the Civil Service Office. He stated that the Mayor and Mr. McFall reiterated what had been stated at the previous Civil Service Meeting and assured him that their door was open regarding the change. Mr. Pattison felt good about it and was willing to let it go at this point. Felt confident with the way they were handling it. He then asked for input, suggestions or ideas. There was no discussion. City Attorney, Roger Lubovich - No report Assistant Fire Chief, Jed Aldridge - No report Police Chief, Ed Crawford - No report • Human Resource Director, Sue Viseth - No report III. HEARINGS None IV. OLD BUSINESS A. Accept into Record 1. Chair Pattison moved to approve the minutes from the February 16, 1995 Civil Service Commission Meeting. Seconded and carried. 2. Chair Pattison moved to approve the minutes from the February 27, 1995 Special Civil Service Commission Meeting to hear Sgt's Knapp and Stone's appeal to the Corrections Lieutenant Promotional Examination. Seconded and carried. 3. Chair Pattison moved to approve the Findings of Fact, Conclusions of Law and ruling of the Civil Service Commission regarding the Appeal of Marilyn J. Stone and Sheila Knapp. Seconded and carried. • Page 2 Civil Service Minutes March 16, 1995 V. NEW BUSINESS A. Approval and Accept into Record 1. Chair Pattison moved to approve the letter dated February 16, 1995 from Chief Crawford to Data Entry Specialist, Lucy Davila notifying her of her completion of her probationary period effective February 16, 1995. Seconded and carried. 2. Chair Pattison moved to approve the memos dated February 16, 1995 from Chief Angelo advising the Commission that Firefighters Jeff Ziegler and Robert Kelley successfully passed their Third Class Promotional exams effective February 22, 1995. Seconded and carried. 3. Chair Pattison moved to approve the memo dated February 21, 1995 from Lt. Cline requesting that the Word Processing Transcriptionist/Technician Eligibility List be extended to October 3, 1995. This would be the first extension of the list. Seconded and carried. 4. Chair Pattison moved to approve the resignation memo dated March 6, 1995 from Corrections Officer Ralph Palmer resigning his position effective March 8, 1995. Seconded and carried. 5. Chair Pattison moved to approve the memo dated March 6, 1995 from Captain C.E. Miller requesting permission to test for Corrections Lieutenant if the Findings were for the Appellants. Seconded and carried. 6. Chair Pattison moved to approve the memo dated March 8, 1995 from Chief Crawford advising that. although he had not read the Civil Service Ruling regarding the Appeal to the Corrections Lieutenant's Examination process but that he understood that parts of it might have to be redone, Curt Lutz will continue as the provisional Corrections Lieutenant until testing can be completed. Seconded and carried. 7. Chair Pattison moved to approve the letter dated March 10, 1995 from the Chief Examiner notifying Kevin Kerns that his request for extension of his leave of absence would be put on the March 16, 1995 Agenda. Seconded and carried. B. Action Items for Discussion 1. Chair Pattison opened for discussion the letter dated February 21, 1995 from Dr. David H. Smith notifying Chief Crawford of his reassessment of Corrections Officer candidate Scott Kulin and recommending him for acceptance for hire. After much discussion regarding this item the Commission directed the Chief Examiner to send a letter notifying Mr. Kulin of his right to appeal based on the Chiefs actions and recommendations but that the Commission will take no further action at this time. Seconded and carried. • Page 3 • Civil Service Minutes March 16, 1995 2. Chair Pattison opened for discussion the letter dated March 6, 1995 from Kevin Kearns to the Commission requesting an extension of his leave of absence until May 30, 1996. A/C Aldridge stated that the Fire Department believes that Mr. Kerns request for extension is meaningful and positive and has a direct positive impact on the agencies in the County and he is doing a significant job in ensuring that Kent Fire and Kent Police needs are met in the 800 Communications System. We would encourage the Commission to approve the extended leave. The conditions would be 1. that there would be no guarantees that there will be no guaranteed vacancy of the Assistant Chiefs position. 2. The Department does not have an Assistant Chiefs vacancy at this time. There is a strong indication that we may have a vacancy for Assistant Chief around late spring of 1996 when the older Assistant Chief retires. 3. The condition that Kevin would return within 30 days after receiving written notification of a vacancy. Chair Pattison moved to approve the extended leave request with the three conditions as stated. Seconded and carried. Commissioner Banister stated there was a letter from Chief Angelo giving the three conditions. City Attorney Lubovich read the three conditions as follows: 1. It needs to be clearly understood that there will be no guaranteed vacancy of the • position of Assistant Chief during or after the Leave of Absence. 2. Return to the position of Assistant Chief is contingent to one of the two current Assistant Chiefs positions being open. (This might occur prior to or after the May 30, 1996 date). 3. That upon receiving written notice of such a vacancy, Assistant Chief Kearns will report back for full duty within thirty(30) days to the Kent Fire Department. Chair Pattison moved to grant A/C Kerns request for an extended leave contingent upon the conditions outlined in Chief Angelos March 7, 1995 letter. Seconded and carried. 3. Chair Pattison opened for discussion the letter dated March 7, 1995 from Chief Angelo to the Civil Service Commission regarding Kevin Kerns request for extension of his leave of absence. City Attorney Lubovich stated that the letter had been acted on. Chair Pattison then moved to accept the letter into record. Seconded and carried. As an added informational item the Civil Service Examiner stated that the Corrections Lieutenant Written Examination would be prepared by an independent agency. Sgt. Stone asked that if there was any consideration for using the Corrections Sergeants Written examination that she would ask that it not be used as one of the candidates had had access to it. The Chief Examiner stated that she hadn't even considered using it. • Page 4 • Civil Service Minutes March 16, 1995 City Attorney Lubovich then clarified the decision by the Commissioners regarding the examination. The written portion of the exam is to be redone. That the score on Sgt Knapp's oral examination under"manner, bearing and grooming", as graded by Debbie Hunt, be increased from a score of 4 to a score of 5. There being no other business to come before the Commission, the meeting was adjourned at 8:25 a.m. The next Regular Meeting will be held on Thursday, April 20, 1995 at 8:00 a.m. in Council Chambers West. Respectfully submitted, CQ�- - "�,�A Catherine M. Guiguet Secretary & Chief Examiner Approved: Mike Pattison, Chair BEFORE THE CIVIL SERVICE COMMISSION OF THE CITY OF KENT In the Appeal of : ) DENIAL OF KENT POLICE Marilyn J. Stone and ) DEPARTMENT MOTION TO Sheila Knapp ) DISMISS THIS MATTER having come before the Civil Service Commission on February 27, 1995, for argument on the Kent Police Department ' s Motion to Dismiss . The Commission having heard oral argument, and testimony on the matter of the appeal before the Commission, and having reviewed all materials filed on the matter, the Commission makes the following findings and ruling : 1 . That although the appellants have successfully passed the promotional test and are ranked in the top three of the eligible register for appointment of corrections lieutenant , the appellants do have standing to challenge the examination because a successful challenge to examination scoring could have an impact on the outcome of appointment since the Police Chief, although not required to do so, has historically chosen the top rated person on the eligibility list for promotion. 2 . The issues raised by the appeal are not moot since the change in ranking on the eligibility list could have an impact on appointment based on the Police Chief ' s history of appointing the top ranked person on the list . 3 . For the same reasons, errors in the testing proceedings will not be de minimis and may have an effect on the outcome of the appointment for corrections lieutenant . NOW, THEREFORE, the Kent Civil Service Commission rules as follows : 1 . That the Kent Police Department ' s Motion to Dismiss is hereby denied. • IT IS SO ORDERED. Dated this day of March, 1995 . KENT CIVIIL SERVICE COMMISSION BY: Nu+c^�f IG MIKE PATTTIISSON, CHAIR RON BANISTER, COMMISSIONEff By CALLIUS ARATICIEWICZ, NER • DENIAL OF KPD MOTION TO DISMISS - 2 BEFORE THE CIVIL SERVICE COMMISSION OF THE CITY OF KENT In the Appeal of : ) FINDINGS OF FACT, CONCLUSIONS OF LAW AND Marilyn S. Stone and ) RULING OF THE CIVIL Sheila Knapp ) SERVICE COMMISSION I . DECISION APPEALED The promotional examination eligibility list for corrections lieutenant based on alleged errors on the test and testing • procedures . II . INTRODUCTION This matter was heard by the City of Kent Civil Service Commission on February 27, 1995, appealing the promotional examination eligibility list for corrections lieutenant based on the appellants ' allegations that the examination was conducted in violation of the Commission' s own rules; the test contained ambiguities that caused some legitimate interpretations of the test questions to be discounted; the test lacked standards that could be applied consistently; the test evaluated criteria not related to fitness for the job; and the test was scored improperly. Appellants ask that the test be decertified and that • i the promotion based on the current register be vacated and a new and fair test be given. III . FINDINGS OF FACT AND CONCLUSIONS OF LAW 1 . The parties stipulated to the hearing procedure and to the jurisdiction of the Commission and the commissioners . 2 . Appellants allege in their brief that the exam should be vacated because, among other reasons, a take home exam violates Rules X, Section 8 . Rule X, Section 8 , entitled "General Procedures" , states in part as follows : • "Every examination shall be held in the presence of the Examiner, in any room set apart for such examination. " Rule IX, Section 6, entitled "Promotional Examinations" , states in part as follows : "As the needs of the Service may require, promotional examinations may be conducted from time to time and may consist of evaluations of prior service, accomplishments in a special training course, or other pertinent tests . " Even though Rule IX, Section 6, allows for other pertinent tests, this section or provision read with Rule X does not allow for take home examinations . Although take home examinations are not FINDINGS OF FACT, CONCLUSIONS • OF LAW AND RULING OF THE CIVIL SERVICE COMMISSION - 2 i provided for in the rules, all applicants received equal treatment with regard to the take home examination; and no particular applicant was advantaged or disadvantaged by the fact that there was a take home examination. 3 . Appellants also allege that Rule X, Section 3 , and Rule IX, Section 3 , were violated because the identity of the examinees were not concealed from the examiner. Rule X, Section 3 , provides in part : "Each applicant in a competitive written examination shall first be presented with an envelope containing a paper on which there will be a number, to be known as his identification number. " • Rule IX, Section 3 , provides in part : "The identity of persons taking competitive written tests shall be concealed from the examiners by use of an identification number which shall be used on all test papers . " Testimony at the hearing showed that the identification numbering system was not utilized on this testing process . This constituted a violation of the rules quoted above . This violation, however, also was not prejudicial . The identities of the applicants were hard to conceal because of the three known qualified candidates for the examination process . Additionally, FINDINGS OF FACT, CONCLUSIONS OF LAW AND RULING OF THE • CIVIL SERVICE COMMISSION - 3 the major concern is that the identification of the candidates be kept from the test examiners . Testimony at the hearing indicated that all four of the examiners at the oral board were unknown to the applicants and, therefore, violation of the rules were not prejudicial to the outcome of their testing. 4 . Appellants argue that appellant Knapp was improperly judged on her weight in violation of RCW 41 . 12 . 050 and Rule X, Section 1 . RCW 41. 12 . 050 provides in part : "All appointments to and promotions in the department shall be made solely on merit , efficiency and fitness . . • Rule X, Section 1 , provides for examination methods . Fitness assessment is one of the examination methods that may be utilized for testing. The Commission finds that fitness is a valid criteria for testing, however, as indicated in testimony before the Commission, weight was not an intended factor. Based on the evidence presented and the written responses of the oral examination of all three candidates on the category of "manner, bearing, and grooming" by Debbie Hunter, it appears that, with respect to appellant Knapp, Ms . Hunter downgraded Ms . Knapp ' s test score due to weight, giving her a 4 out of 5 in that category, while providing the other two candidates a 5 . The Commission finds that this deduction inappropriate and that a FINDINGS OF FACT, CONCLUSIONS • OF LAW AND RULING OF THE CIVIL SERVICE COMMISSION - 4 i point should be added to Ms . Knapp' s rating on this particular criteria from a 4 to a 5 in line with the scores of the other candidates. 5 . Appellants challenge the grading criteria of "career planning/goals" on the oral examination. The Commission finds that grading on an applicant ' s career planning/goals fits within the testing criteria of Rule X, Section 1 . It should be noted that although both appellants had their total scores reduced by deductions taken on this criteria, both appellants scored substantially higher in this area than the top ranked applicant on the eligibility list . 6 . Appellants maintain that the written portion of the test was not prepared by the Secretary and Chief Examiner. Rule III, Section 2 , at paragraph 4 , provides in part that the Secretary and Chief Examiner shall : " . . . prepare the examination questions and tests for the applicants for the classified service of the City. " Appellants in their brief state that the Secretary and Chief Examiner may accept appropriate input from the police department management , however, they allege that the input was not FINDINGS OF FACT, CONCLUSIONS . OF LAW AND RULING OF THE CIVIL SERVICE COMMISSION - 5 appropriate . Based on the testimony and evidence presented before it, the Commission finds that although the Police Department , through Captain Miller, may have provided substantial input into the testing process, the Secretary and Chief Examiner had final say with respect to the tests as well as the testing criteria, both of which were written by the Secretary and Chief Examiner. The final determining factor on the test itself and the grading criteria rested with the Secretary and Chief Examiner and it was up to the Secretary and Chief Examiner to determine what, if any, material provided by the Police Department would be utilized in the testing process . Additionally, appellants ' claim that the Civil Service Commission, as a board, should approve all • examinations before the examination is held (Rule IX, Section 1) is without merit . The Secretary and Chief Examiner acts as an agent for the Commission and is properly delegated' the authority and responsibility for writing and approving examinations . 7 . Appellants allege that the grading of the applicants ' "grammar, spelling and punctuation" on the take home examination was not fair and impartial . The Commission finds that the grading of grammar, spelling and punctuation was a proper criteria to be tested upon and, based on the evidence and testimony presented, there is no basis for the allegations that the testing on this matter was not fair and impartial . FINDINGS OF FACT, CONCLUSIONS • OF LAW AND RULING OF THE CIVIL SERVICE COMMISSION - 6 8 . Finally, the appellants allege that the written instructions for the take home examination were ambiguous and subject to very different interpretations . The Commission does find that the take home portion of the examination to be ambiguous . It is a fact that a grant for training' was requested in the testing process with the NIC. However, because the NIC does not provide grants for training, applicants are lead to two alternate options : 1) of attempting to obtain direct technical assistance training for first line supervisors, which was done with one application, through "special focus" technical assistance -which, according to testimony, is not obtained through a grant writing exercise or; 2) by seeking a non-existent grant for training under technical assistance grants . The Commission • finds this portion of the test to be clearly ambiguous and, therefore, pursuant to Rule XI , Section 4 , should be invalidated and vacated, and that a new written examination of equivalent grading weight be conducted of all applicants in the presence of the Secretary and Chief Examiner. FINDINGS OF FACT, CONCLUSIONS OF LAW AND RULING OF THE • CIVIL SERVICE COMMISSION - 7 IV. RULING Based on the foregoing, the Commission holds that the test, testing procedure and test scores of the Commission be sustained except as follows : 1 . That the score on appellant Knapp ' s oral examination under the criteria of "manner, bearing and grooming" , as graded by Debbie Hunt, be increased from a score of 4 to a score of 5 . 2 . That the take home examination is hereby invalidated and vacated, and that a new written examination with an • equivalent testing weight , prepared by the Secretary and Chief Examiner and approved by the Commission Chair, be taken by all applicants in the presence of the Secretary and Chief Examiner. 3 . That a new promotional eligibility list for corrections lieutenant be certified following final testing and scoring. IT IS SO ORDERED. FINDINGS OF FACT, CONCLUSIONS OF LAW AND RULING OF THE CIVIL SERVICE COMMISSION - 8 Dated this day of March, 1995 . KENT CIVIL SERVICE COMMISSION BY: MIKE PATTISON, CHAIR By: ; RON BANISTER, COMMISSIONER BY: CALLIUSS gl ATICIEWICZ, R findings.pld i FINDINGS OF FACT, CONCLUSIONS OF LAW AND RULING OF THE CIVIL SERVICE COMMISSION - 9