HomeMy WebLinkAboutCIV 1993-12-07 Minutes MINUTES FOR THE MEETING
OF THE CIVIL SERVICE COI~IISSION
DBCEMBER 7, 1993 at 7:00 p.m. IN
THE NORTH RICHLAND HILLS COUNCIL CSAMBBRS
7301 N.E. LOOP 820
1. CALL TO ORDER Chairperson Sally Hackfeld called the
meeting to order at 7:03 p.m.
2. ROLL CALL Members Present:
Sally Hackfeld, Chairperson
Bill Biggers, Commissioner
Ralph Swearingin, Commissioner
Dennis York, Commissioner
Others Present:
Ron McKinney, Director of Human Resources
Linda Cast, Human Resource Specialist
Rex McEntire, City Attorney
Joe Hopkins, Appellant
Stan Gertz, Fire Chief
3. APPROVAL OF MINUTES Commissioner York made the motion
FOR SEPTEMBER 28, to approve the minutes of the meeting
1993 held September 28, 1993, seconded by
Commissioner Biggers. Motion passed
unanimously.
4. APPEAL HEARING 93-02 The decision was made to not invoke the
rule, therefore witnesses were allowed to
remain in the hearing.
Firefighter Joe Hopkins filed an appeal
that the sign-up date for Fire Lieutenant
testing was extended to accommodate two
individuals. One of those two
individuals, David Botvidson, placed 8th
on the listing, and Mr. Hopkins placed
9th. Since only the top 8 proceed to the
Assessment Center Exercises, Mr. Hopkins
contends that he was prevented the
opportunity of job advancement and pay
increase.
City Attorney Rex McEntire made his
opening remarks, then proceeded to call
his witnesses.
Ron McKinney, Director of Human
Resources, testified as to the sequence
of events, starting with the memo to
Chief Stan Gertz, the letters to the
eligible firefighters, and the official
posting with a deadline of November 1,
1993. He further recounted that the
Chief posted his memo with the date of
October 15th; the firefighters received a
memo that had a deadline of October 18th;
on or about October 19th to 21st, it was
discovered that an official posting had
not been prepared, and was subsequently
prepared immediately. Upon questioning
by the Commissioners, Mr. McKinney
clarified and elaborated on these points,
stating that the only true posting for
the position was the last posting, with
the deadline date of November 1. This
posting satisfied the Civil Service
requirements of stating the position,
rate of pay, essential functions, and
requirements of the position.
Joe Hopkins presented his opening
statement, then proceeded to call his
witnesses.
Fire Division Chief Danny Taylor
testified that the letters to the
firefighters were distributed to the
stations in which the firefighters
normally work. He stated that David
Botvidson's letter was sent to one
station while Mr. Botvidson was on
vacation. Upon Mr. Botvidson's return,
Mr. Botvidson reported to a different
station, causing a delay in receiving the
letter. He further stated that Mr.
McKinney posted a posting on or about
October 19th or 20th.
Firefighter Larry Harris testified that
he initially tried to apply for the
lieutenant position on October 20th, and
was denied. The reason was that the
deadline was October 18th, and he was too
late. After the posting on or about
October 19th to 21st, he applied for the
position.
Linda Cast, Human Resource Specialist,
testified as to her part in the process
of posting and testing for the position
of Fire Lieutenant. She verified that
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Mr. Botvidson and Mr. Harris both made
inquiries about applying after October
18th, the closing date on the letters
sent to the firefighters. Mr. Botvidson
was allowed to apply, due to extenuating
circumstances, while Mr. Harris was not.
Mr. Harris had stated in conversation
with her that he did not have a reason
for not applying on time, he was just
late. She further stated that Mr.
McKinney determined that an official
posting for the position had not been
performed, and he made the decision it
was necessary to do the official posting,
which extended the deadline to November
lst.
Lt. Billy Rice was the next witness. He
explained the Personnel Duty Report form
to the Commission, and showed when Mr.
Botvidson was either on duty or off. He
verified that as part of the General
Orders, each firefighter is to read the
bulletin board upon reporting to the
station for duty.
Mr. McKinney was recalled as a witness by
Mr. Hopkins. Upon questioning, he again
verified that the final posting was to
follow the Civil Service requirements of
posting for positions.
Mr. McEntire asked Mr. Hopkins if he had
seen a listing November 3,1993, of the
firefighters who had signed up to take
the test. Mr. Hopkins stated he had not.
Fire Chief Stan Gertz, upon questioning
by Mr. McEntire, stated that the memo he
received from Ms. Cast, listing the
firefighters who had signed up to test,
was copied and distributed to the
stations as a matter of information to
the firefighters. Upon questioning by
the Commission, Chief Gertz verified that
he considered the memo from Ms. Cast,
listing the employees eligible to test,
to be a posting for the position.
The Commission questioned Mr. Hopkins,
and he stated that he first became aware
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of Mr. Botvidson and Mr. Harris applying
after the October 18th deadline on the
date of the testing, November 30th.
Mr . Hopkins and Mr . McEntire made their
closing statements, and the Commission
adjourned for deliberation.
After deliberation, the Commission
reconvened. Commissioner Dennis York
made the motion that Firefighter Hopkins'
appeal be upheld, and that the Department
Head of the Fire Department, Stan Gertz,
observe Civil Service Rule 4.03g and
disqualify David Botvidson for not filing
a notice of intent to test by October 18,
1993. Past custom, testimony,
documentation and prior accepted
procedures created confusion leading
employees to believe the October 5
posting was an official posting. It is
the belief and understanding that the
Personnel Department will be responsible
for ensuring strict compliance with Civil
Service Rule 4.01, Announcement of
Examination. Commissioner Ralph
Swearingin seconded the motion.
Commissioners Hackfeld, Swearingin, and
York voted yes, Commissioner Bill Biggers
voted no. Motion carried.
5. ADJOURNMENT Meeting adjourned at 11:15 p.m.
Sally ackfel Chairperson
(
on Mc inney, Director Human Resources
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