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HomeMy WebLinkAboutCity Council Committees - Civil Services Commission - 01/23/1986 CIVIL SERVICE COMMISSION MEETING MINUTES ti,�" ' 3 1986 January 23, 1986 � CITY OF KENT CITY CLEAK The regular meeting was called to order at 8:00 a.m, by Chairnan' 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 Irv,± 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 sev '14 nalists. He said the final exam process will take place on January 27, 28, aad 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 comoented that the Civil Service Commission is the most appropriate place to determine vhether or not the right to a pre-termination hearing has been satisfied. ' C ' Regarding the probationary period for returning firefighter-i,, Hr. , 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 guidaace, on the subject matter. The rule provides for reinstatement to a position. vis ,analysis concludes that no seniority rights' are provided and there is no right to a particular place on a reinstatement register and the rightits totally contingent on the approval of the Chief. He' summarized the alternatty ,,,4re: authorize reinstatement as conditioned by the Chief or direct the Ci4, Attorney to prepare a formal revised rule to incorporate what the Commission chess, either providing or not providing for a probationary period, as thotoWssion deems appropriate. Chairman inquired that if the Commission ado a},probationary period based on the Chief's recommendation, does that es h 0 precedence for the next reinstatement. Mr. DiJulio responded that it wil'i 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:, nflict 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 ase 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 callective 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,, tV+ ic applications throughout the year as to when and how he hires. Mr. Street* to direct the City Attorney to draw appropriate amendments to the rule to `covpr 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, partcularly 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 rube,, 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 fiche entry of the reason in the minutes of the Commission. " Referring to Ru1'e If,' 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! evel register except in the case when continuous testing is authorized." 1 ►,;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 theilmii department has an opening, they would have to conduct the test, promulgate a lis . and the time limit can be set on the register by rule or establish a time l at the time that the list is promulgated. On the question of the wishes of the Police Department to di$;gntinue 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 wi,sb to provide for the transition from continuous testing to the type of testin , ,process that is currently on-going with the Fire Department. Action will be,a, e� at the next meeting. The Secretary expressed concern about the names ,0 current list who have successfully completed the oral boards and because of �,.proposed budget cuts are in a "wait" situation. Mr, Street expressed concej t the appli- cants on the list, if terminated, who will be demanding a, raul*�bo�of their appli- cation fee. The City Attorney said it will have to be addressod ;at the next meeting. The following correspondence regarding the resignation, effect ve August 10, 1984 of Mark Golder were read: Letter of August 10, 1984 from Mark; Gdlder; 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 acqpt tfte correspondence into the record, Miss Hinz seconded. Motion carried. The Secretary said copies of the revision to Rule XII , Sectian 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-hirei,�Osting, from Battalion Chief Bond were distributed and accepted as a matter of record. Chief Angelo explained the Department would like to begin testinglearlier in the fall , to have testing completed by the holiday season, avoiding, OdUer$e weather conditions and to have the recruits ready for the State AcodeqW., He would like to have the eligibility list begin January 1 and expire ati'the end of the year. Mr. DiJulio suggested that because there is no pressure copcerning the present list, that he work with both Departments in resolving thelo, r;espective issues and provide comprehensive rules to address both issues. He adyl*� d 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 promulg' 1. He will incorporate these details into Rule XI in respect to eligii3O- list. Regarding the request in the memo to grade the physical tgilj � on a pass/fail basis, Mr. DiJulio recommended that when the Department r . the next exam, the Commission, in approving the exam and determining the hid 'of grading, can address this issue at that time. Mr. Street moved to ditect4theiCity 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. Potion 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 Resource$ and a certificate of attendance of 444 clock hours at L.H. Bates Vocational In", itute. A letter from Tom W. Smith, J.A.T.C. Secretary, granting Willits pervission 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 candidate,s ,for the position of Police Chief was distributed by Mr. Waldron. Mr. Webby desctfbed the final selection process to be conducted beginning with the assessm"t center exercises on Monday, January 28, psychological exams on Tuesday, JanWary 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 11r. Street moved to approve the final list of seven candidet*,t,and three alternates and direct the Personnel Department to procee4 Ofth the testing as presented at the previous meeting. Miss Hinz seconded. , tjon carried. Due to a conflict in Mr. Strreet's schedule in February, n�,ext regular meeting was scheduled for February 27, 1986 at 8:00 a.m. in the CountiT Chambers, if available. Secretary will check on availability and in'for► j,�kll, concerned. 1 ' -4- Mr. Webby stated, assuming a list will be ready shortly after, 44 nary 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-IV -5-