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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
•
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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
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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
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FINDINGS OF FACT, CONCLUSIONS
OF LAW AND RULING OF THE
CIVIL SERVICE COMMISSION - 9