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HomeMy WebLinkAboutCIV 1996-08-14 Minutes MINUTES FOR THE MEETING OF THE CIVIL SERVICE COMMISSION AUGUST 14, 1996 at 4:00 p.m. IN THE NORTH RICHLAND HILLS CITY PRE-COUNCIL CHAMBERS 7301 N.E. LOOP 820 1. CALL TO ORDER Chairperson Sally Hackfeld called the meeting to order at 4:00 p.m. 2. ROLL CALL Members Present: Sally Hackfeld, Chairperson Bill Biggers, Commissioner Dennis York, Commissioner Ed Brock, Alternate Commissioner Bill Fenimore, Alternate Commissioner Others Present: Ron McKinney, Human Resources Rex McEntire, City Attorney Jerry McGlasson, Chief of Police Joseph Scuro, Attorney Dennis Ochs, Appellant 3. APPROVAL OF MINUTES Commissioner York made the motion to FOR JUNE 19, 1996 approve the minutes of the meeting held June 19, 1996, seconded by Commissioner Hackfeld. Motion carried by unanimous vote. 4. APPEALS 96-01, 96-02 Appellant Dennis Ochs appealed actions by the Police APPELLANT, DENNIS OCHS Department demoting him from Sergeant to Police Officer, and termination. Joseph Scuro, attorney-at-law, represented Mr. Ochs. Mr. Scuro made a request to meet en camera with the Commission. Department head Chief Jerry McGlasson did not oppose. Upon return, Commissioner Biggers made the motion that the hearing be private. Commissioner York seconded the motion, which carried by unanimous vote. After the room cleared of observers, witnesses were called back in to be sworn in. They were then removed. Mr. McEntire made a request to consolidate Appeals 96-01 and 96-02 to be heard as one case. Mr. Scuro did not oppose, though he stated that it should be just one action, not both demotion and termination on the same charges. Commissioner York made the motion the deny the appellant's request to withdraw one of the actions, and proceed to testimony, seconded by Commissioner Brock. Motion carried by unanimous vote. Mr. McEntire made his opening statement. Mr. Scuro reserved his right for an opening statement. Sergeant Sid Johnson was called as the first witness. He stated he is the internal affairs sergeant. He was instructed by Chief McGlasson to conduct an internal affairs investigation based on a document filed by Officer Ann Shelton charging Mr. Ochs with potential violations of departmental policy. Sgt. Johnson was questioned by Mr. McEntire. Mr. McEntire entered into evidence Exhibit A, which was a report by Officer Lisa Rowland and an attachment from Mr. Ochs criticizing the report. City's Exhibit B was entered into evidence, which was a copy of a printscreen showing the disposition of Officer Rowland's report. The disposition was "B", indicating a report was not taken. Mr. McEntire submitted Exhibit C. Mr. Scuro objected, which was sustained by the Commission. Sgt. Johnson responded to questions from the Commission. Mr. Scuro cross-examined Sgt. Johnson. Mr. Scuro introduced Appellant's Exhibit 1, which was a portion of an audio recording from the internal affairs investigation. Sgt. Johnson then responded to further questions from the Commission and Mr. McEntire. Mr. McEntire offered Exhibit D into evidence, Police General Order number 808.00. Following Sgt. Johnson's testimony, the Commission took a recess. When the Commission reconvened, Mr. McEntire announced that during the recess the Police cs081496 2 Chief, through the City Attorney, effected a settlement of all issues in the case with Mr. Ochs and his attorney. Mr. Scuro concurred. In view of the settlement, the appeal was dismissed in order to follow the terms of the settlement. 5. ADJOURNMENT Commissioner Fenimore made the motion to adjourn, seconded by Commissioner York. Carried by unanimous vote. Meeting adjourned at 7:00 p.m. Sally ckfeld, airperson Ron McKinne , man es urces cs081496 3