HomeMy WebLinkAboutCity Council Committees - Civil Services Commission - 03/03/1988 CIVIL SERVICE COMMISSION SPECIAL MEETING
MARCH 3, 1988
The special meeting was called to order at 8 a.m. by Chairman T. Richard Ried.
In Attendance: Commissioners Michele G. Hinz and Joseph A. Street,
City Attorney Driscoll , Administrative Assistant Webby and
Chief Frederiksen
Also Present: Officer Rufener and Police Union President, ,Officer Bradley
Chairman stated the purpose of this meeting is to consider a request for
reconsideration from Officer Rufener and also the request from Chief
Frederiksen for a sergeant's exam.
The letter dated February 23, 1988 from Officer Rufener was read. Mr. Street
moved, Ms. Hinz seconded, to accept the letter into the record and the motion
carried.
Officer Rufener was given the floor. She thanked the Commission for calling a
special meeting. She asked why an appointment for sergeant was not made when
the position came open in February, when there were three names remaining on
the Sergeant's eligibility list. Chairman stated he had reviewed Rule XII,
Sections 7 and 8, referring to her letter, and asked Officer Rufener to
explain why she thinks those sections of the rule are app'livable. She stated
she felt those sections applicable because the time the sergeant's position
opened in February, there was an existing eligibility list with three names,
including hers. She said past practice has shown that vacancies for promotion
in the department had been filled from the existing list. It was determined
that her letter meant to refer to Section 6, instead of Sections 7 and 8 of
Rule XII. Chairman read aloud Rule XII Section 6. Officer Rufener then
stated the section is somewhat vague as to interpretation but that an opening
did occur and to be consistent and fair, appointment should have been made at
the time of opening of this position.
In response to Chairman's question, Chief Frederiksen stated that it was a
managerial decision on his part to let the list expire and to retest.
Commissioner Street commented that it appears that if the Chief determined it
would be better to have a new list, he is allowed to do $ib.
City Attorney Driscoll stated in the interpretation of Section 7: "the Chief
of the Department may appoint", "may" is definitely a di,stretionary word and
does not mandate that it occur. Section 6, Promotional Apppin,tment, qualifies
it with "practicable and consistent with the best interests;,of the service",
so those are the elements that factor in. She explained that -there is
preference for promotion by which vacancies will be filled, but it does not
mandate that positions be filled, not when or how they occur. Chairman
pointed out that Section 6 refers only to procedures for filling, but not with
any time constraint. He explained that it was the Chiefs,discretion to let
the list expire and the Commission's role is to see that the rules are
followed.
Officer Rufener stated that the Chief should show Just cause for not
fulfilling the rule because it is an established fact that it is a one year
list, and she asked what's to say when there are three vacancies that come up
next time and another position becomes available six months later and he lets
the list expire. She said it would be unfair and setting, a precedent. She
also added that there will always be that potential of being unfair to
employees in promotional examinations.
Ms. Hinz disagreed, she said, not because she does not feel sympathetic to
Officer Rufener's position but it does have potential for happening. In lots
of instances, it seems that this situation is aggravated by, a short period of
time remaining on the list with a small group of people but there have been
situations where a list expires with a lot of names on the ,list.
The point Officer Rufener said she is trying to make is that a position was
open with a valid list and in every case, past practice has shown that
positions have been filled from the valid list, and she Peels very strongly
that she is correct in this and in fact will get a PERC ruling on it, if
necessary.
Chairman moved that as far as strict interpretation of rules are considered,
the Chief does not have to fill from the existing list if he chooses to let it
expire. He stated that as far as what the Chief has to $ustify to his
employees on what he did, the Commission cannot enter into, but their concern
is that the rules and regulations are followed.
Officer Rufener stated that the rule is too vague and should be looked at and
changes could be made. Chairman replied that we will ask the City Attorney to
review and make necessary changes.
Mr. Ried moved to declare the Chief did act in accordartcv with existing rules
and regulations. Mr. Street seconded and the motion carried. Chairman also
asked the City Attorney to look at Section 6 and possibly come up with a
change to prevent something like this happening again.
The next item to be considered is a request from Chief Frederiksen for
authorization of a sergeant's promotional exam. Chairman inquired if this
exam will be the same as in the past. Chief Frederiksen explained that the
test will be an assessment center again but the screening owhanism will be an
oral resume instead of a written test. Trained assesSors will screen the
candidates. Chief explained that he will work with SecOotary and Personnel to
develop and formulate the testing process. Trained asS 4Qrs will be from
this area, possibly a combination from within the depar%Wt'and from outside
the department who have been trained in the assessment Orocets.
Mr. Street moved to authorize the sergeant's exam and approve the concept of
the testing process as presented. Ms. Hinz seconded an# the motion carried.
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Chairman thanked Officer Rufener for her attendance and prosontation and
informed her if anything else needs to be clarified as far,MAt rules are
concerned, she is welcome anytime, as the Commission wad to be sure that the
rules and regulations are being followed specifically.
Meeting adjourned at 8:25 a.m.
Respectfully submitted;
7- 'g.
Amy E. Kato
Secretary and Chief Examiner
Approved:
T. Richard Ried
Chairman
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