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HomeMy WebLinkAboutCIV 1996-06-19 Minutes MINUTES FOR THE MEETING OF THE CIVIL SERVICE COMMISSION JUNE 19, 1996 at 7:00 p.m. IN THE NORTH RICHLAND HILLS CITY PRE-COUNCIL CHAMBERS 7301 N.E. ~OOP 820 1. CALL TO ORDER Chairperson Sally Hackfeld called the meeting to order at 7:00 p.m. 2. ROLL CALL Members Present: Sally Hackfeld, Chairperson Larry Bracke, Commissioner Cliff Jaynes, Commissioner Dennis York, Commissioner Others Present: Ron McKinney, Director of Human Resources Rex McEntire, City Attorney Andy Wallace, Police Association Representative Joseph Scuro, Attorney 3. APPROVAL OF MINUTES Commissioner Bracke made the motion to FOR MAY 8, 1996 approve the minutes of the meeting held May 8, 1996, seconded by Commissioner Jaynes. Motion carried by unanimous vote. 4. REQUEST TO WAIVE Police Officer Robert Rich failed to make application APPLICATION CLOSING prior to closing date to apply for a Police Sergeant DATE promotional examination. Ron McKinney, Director of Human Resources, gave a statement regarding the posting process for the examination, and that Officer Rich requested after the closing date to be allowed to test. There was general questioning by the Commission. Officer Rich presented the extenuating circumstances which prevented him from applying before the closing date. He requested the Commission waive the closing date and allow him to participate in the examination. There was general questioning by the Commission. Commissioner Bracke made the motion that the Civil Service Commission deny Officer Rich's request to waive the application closing date, seconded by Commissioner York. Commissioners Bracke, York, and Hackfeld voted in favor of the motion, Commissioner Jaynes opposed. Motion carried, 3-1. 5. PROPOSED REVISION The Commission reviewed the current and proposed 11.01 APPEALS revision of Section 11.01 of the Civil Service Rules and Regulations, as follows: Current: 11.01 General Provisions A regular employee in the classified service has the right to appeal to the Civil Service Commission any adverse action taken against the employee. Adverse actions are de~ned as actions that would result in loss of pay, reduction in pay, pass over for promotion, reduction or /oss of an employee bene~t, or the alleged denial of fair and equal consideration regarding all aspects of employment including the alleged denial of reasonable accommodation oraccess to public facilities by handicapped employees. Proposed: A regular employee in the classified service has the right to appeal to the Civil Service Commission any adverse action taken against the employee. Adverse action is defined as action by a department head which directly results in /oss of pay which includes permanent suspension, suspension wifhouf pay for any period, reduction in grade (arising from disciplinary action) and an actual pass-over for promotion. Adverse action will also include denial of reasonable accommodation fo public facilities if fhe employee is disabled. Adverse action does not include reprimands and rating procedures which "could" indirectly result in loss of pay. City Attorney Rex McEntire made a statement to the Commission that reprimands should not be allowed to be appealed to Civil Service. He presented 4 typical reprimands a department might prepare (1 actual, 3 paraphrased), and gave the historical background of Civil Service. 2 There were questions by the Commission, and comments by Mr. McKinney. Joseph E. Scuro Jr., the attorney representing the Police Officers Association (POA), made statements to the Commission that the concerns of the Police department are different than the concerns of other departments in the City. Also, he wanted to clarify that the POA's interest in this matter is not intended as a challenge to Police Chief McGlasson. Mr. Scuro's comments included a definition of reprimand pertaining to violations of the General Orders in the Police Department, specific operating procedures, and specific written policy. He asked that the Commission permit appeals of written reprimands and performance evaluations. Comments were made by Mr. McKinney and Police Sergeant Pat Murphy. There was general questioning by the Commission. Following an adjournment for deliberation, Commissioner York made the motion to amend the provision as follows, changing the last sentence on the proposed provision: `A regular employee in the classi~ed service has the right to appeal to the Civil Service Commission any adverse acfion taken against the employee. Adverse action is defined as action by a department head which directly resulfs in loss of pay which includes permanenf suspension, suspension without pay for any period, reducfion in grade (arising from disciplinary action) and an actual pass-over for promotion. Adverse action will also include denial of reasonable accommodation to public facilities if the employee is disabled. Adverse action does not include rating procedures. Adverse action does not include written reprimands unless all appeals within a department have been exhausted." Commissioner Jaynes seconded the motion. Motion passed by unanimous vote. 3 Commissioner York made the motion that the Human Resources Director inform the Commission when the Council places this item on the agenda for approval. Commissioner Jaynes seconded the motion. Motion passed by unanimous vote. 6. ADJOURNMENT Meeting adjourned at 10:35 p.m. ~C Sally Ha eld, C airperson ~ Ron McKinney, Direct of man Resources 4