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HomeMy WebLinkAboutCity Council Committees - Civil Services Commission - 09/18/1986 CIVIL SERVICE COMMISSION MEETING MINUTU'� , September 18, 1986 The regular meeting was called to order by Chairman T. Richard Ried at 8:00 a.m. Also in attendance: Commissioners Michele G. Hinz and Joseph A. Street, City Attorney DiJulio, Chief Frederiksen, Assistant Chief Berg and Battalion Chief Bond. Mr. Street moved to approve the minutes of the August 21 , 1986 meeting. Ms. Hinz seconded. Motion carried. Assistant Chief Berg requested approval of a pass/fail scoring for the Firefighter Physical Agility exam, rather than a weighted scarring, to avoid any challenges. He said the passing score would be based on"the times determined by the Department personnel taking the test. He said both the Personnel Director and the City Attorney agreed with the pass/fail concept. When Mr. Street asked if we are in a more vulnerable positi6n, wi th a pass/fail basis, Mr. DiJulio responded he had concerns when the Department changed the scoring system to a scored system. He advised that a pass/fill method of scoring in physical agility is preferable and a better approach in responding to adverse impact or other EEO related challenges. He urged the Commission to approve the Fire Department's recommendation to return to a pass/fail scoring method of physical agility. Assistant Chief Berg acknowledged for Chairman Ried that the passing time will be the slowest time obtained from a member of the Department. Mr. DiJulio explained for Ms. Hinz, who wes concerned about using the slowest time, that job-related criteria are examined during the Physical Agility Exam and, having demonstrated the ability Ao satisfy all those job-related items in the physical agility exam, what!-difference does it make if one does it five seconds faster if that five second differential is not job-related to the performance of the job? Chairman asked if the Department will establish a new standard or use the standard already set. Chief Berg responded that it is their intent to use the tioelalready set in 1982. Mr. Street moved to approve the Firefighter's recomndation to utilize a pass/fail physical agility exam. Ms. Hinz seconded. Notion carried. Secretary reported on a Firefighter applicant, Martin D. Smith, who submitted his resume and application fee and did not submit an appligartion form for • Firefighter and, on the recommendation of the City Attorn,ot ' is presenting it to the Commission for their decision. When asked for the City Attorney's recommendation, Mr. DiJulio noted there is no rule that addresses this situation, but the job announcement states that applicatiods must be complete and Rule VI, Section 8, provides that applications be complete and failure to complete is cause for rejection of an applicant. His rec dation to bring it back to the Commission was to'confirm Secretary's detention, being that this situation has not come up before and for a guide i61, � ture. Mr. Street, in accordance with Rule VI, Section 8, moved tmt the applicant, Martin D. Smith, with no application form, be denied from�i`taking the exam. Ms. Hinz seconded. Motion carried. CIVIL SERVICE COMMISSION MEETING MINUTES September 18, 1986 Page 2 The letter of September 8, 1986 from Firefighter applicant, Brian J. Keene, was read. It told of his being called to fulfill his duty with the U.S. Navy Reserve during the time he is scheduled for the Firefighter exam. A copy of his official orders was also attached. Mr. Street moved that Mr. Keene's application be held on file until the next examination because he has a valid reason for not being able to take the exam. Ms. Hinz seconded. Motion carried. The memo of August 21 , 1986 to Firefighter Nutter from Assistant Chief Berg, informing him of his suspension with pay effective August 22, 1986, was read. Ms. Hinz moved, Mr. Street seconded, to. accept the memo into the record. Motion carried. The memo, dated August 22, 1986, from Assistant Chief LaBore informing of the promotion of John Keizer to First Class Firefighter, effective August 16, 1986, was read. Mr. Street moved, Ms. Hinz seconded, to accept the memo into the record. Motion carried. Copies of the letter dated August 29, 1986 to Troy W. Nutter from Assistant >< Chief Berg was sent to the Commission prior to the meeting. Mr. Street moved, Ms. Hinz seconded, to accept the correspondence into the record. Motion carried. Copies of a letter dated August 3, 1986 to Troy Nutter from Chief Angelo was also given to the Commission. Ms. Hinz moved, Mr. Street seconded, to accept the letter into the record. Motion carried. The memo dated August 5, 1986 from Battalion Chief Bond was read. It told of the promotions, effective August 16, 1986, of the following: Patrick Pawlak to Third Class Firefighter, Raymond Shjerven to Second Class Firefighter, Chris Martin and Michael Moore to First Class Firefighters. Ms. Hinz moved to accept the memo into the record. Mr. Street seconded. Motion carried. Secretary reported the Entrance Level Law Enforcement Officer exam is scheduled for November 8 and the Physical Fitness exam is to be held December 13. Chief Frederiksen confirmed for Chairman that the Physical Fitness exam is pass/fail and the Department is using a new type of physical fitness evaluation using Dr. Cooper's assessment for physical fitness. Secretary reported receiving a memo from the City Administrator's Office which includes a budget change for the Commission of $1 ,500 as being too high for operating supplies for PD and FD tests. Mr. Street said he had no problem accepting the reduction for this simple reason, "If we run out of money, we will get it from revenue." Since the Chairman will be out of town on the third Thursday, October 16, 1986, and also a Firefighter Physical Agility exam is scheduled on the fourth CIVIL SERVICE COMMISSION MEETING MINUTES September 18, 1986 Page 3 Thursday, which is the 23rd, Mr. Street moved the next regg�ur meeting be held on Wednesday, October 22, 1986 at 8:00 a.m. in the Council hers. Ms. Hinz seconded. Motion carried. Mr. DiJulio, after discussion with Assistant Chief Berg, rero ended not going into executive session, since there is nothing to be reported. thAt is of any sensitivity and it is more of a status report. Rather th4n, subjpcting the Commission to a later challenge of hearing information in executive session that might prejudice the hearing of the case, should it ever come before it, he suggested talking in open sessions so there cannot be a question raised about it. Chief Berg reported that a preliminary hearing was held last Friday with Mr. Nutter and his attorney. On the advice of his attorney, Mr. Nutter did Ix not make a statement, afraid of prejudicing his criminal case. Chief Berg stated that they asked if we would maintain the status quo until they get a determination of what is going to happen from the prosecutor and that was granted. Mr. Nutter is still on suspension with pay. When a concern was made about the fact he is being paid and we are not getting any service and there is a possibility, depending on how long it is going to be filed with the Prosecutor's Office, Mr. Nutter may volunteer to go on a leave without pay status until determination of the criminal case. Chairman asked if it is the standard practice of suspension with pay pending investigation. Assistant Chief Berg confirmed it is. Chairman asked if he was referring to the pre-disciplinary hearing which they held. Assistant Chief Beirg confirmed it was. Chairman also asked how soon after the disciplinary hearing is a decision made by the Department. Mr. DiJulio replied it can be made right away, but normally this Department takes some time to review all the information before making the final decision. The Department may or may not choose to delay its action until the end of the criminal proceedings, but the criminal proceedings will not be the sole determinant of the Department's basis for taking action. If there is a criminal filing in a criminal case, the Department may say they can't wait any longer and cannot afford to pay double time to fill the slot. Chairman asked if there is any provision to recover any mint of pay that was received during the suspension. Mr. DiJulio responded there s, not. He stated the policy for most jurisdictions, in light of Laude# 11 , for those employees entitled to Civil Service or other due process protection in their employment, is to suspend with pay in order that the process is being fair and the employee has a right to respond before any action is taken against him or her. Mr. Street asked if there is any idea when the criminal case will come up. Mr. DiJulio responded he assumes it will be filed within the next ten days and x then there will be a Trial Deputy assigned to it. He is to be tried within 90 days. The Department is to make determinations based upon all the facts 6' CIVIL SERVICE COMMISSION MEETING MINUTES September 18, 1986 Page 4 involved whether or not they want to wait for the outcome of the criminal trial . If they do not want to wait for the outcome of the criminal trial , opportunities will be made available to get the pre-determination hearing out of the way. The Commission extended their best wishes to Mr. DiJulio and looked forward to seeing him at the Commission Workshop. Mr. DiJulio responded that he had enjoyed these monthly meetings and it Was a pleasure working for and with the Commission. Meeting adjourned at 9:00 a.m. Respectfully submitted, my E.1 Kato 'Secretary & Chief Examiner Approved: T. Richard Ried Chairman 0164V-lV