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
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