HomeMy WebLinkAboutCIV 1993-09-28 Minutes MINUTES FOR THE MEETING
OF THE CIVIL SERVICE COI~IIKISSION
SEPTEMBER 28, 1993 at 7:00 p.m. IN
TSE NORTH RICHLAND BILLS ADMINISTRATIVE CONFERENCE ROOM
7301 N.E. LOOP 820
1. CALL TO ORDER Chairperson Sally Hackfeld called the
meeting to order at 7:10 p.m.
2. ROLL CALL Members Present:
Bill Biggers, Commissioner
Sally Hackfeld, Commissioner
Ralph Swearingin, Commissioner
Dennis York, Commissioner
Others Present:
Ron McKinney, Personnel Director
Linda Cast, Personnel Technician
Rex McEntire, City Attorney
Novis Stephens, Appellant
Jack Strickland, Attorney
Stan Gertz, Fire Chief
Pat Hughes, Fire Division Chief
3. APPROVAL OF MINUTES Commissioner York made the motion
FOR SEPTEMBER 28, to approve the minutes of the meeting
held September 9, seconded by
Commissioner Biggers. Motion passed
unanimously.
4. APPEAL HEARING 93-01 The decision was made to not invoke the
rule, therefore witnesses were allowed to
remain in the hearing.
City Attorney Rex McEntire presented his
opening statement. In the opening
statement, it was noted that a
stipulation had been filed for Novis
Stephens agreeing to the incidents
leading to his demotion from Fire
Lieutenant to Firefighter, namely,
falsification of training documents to
obtain credit for a college degree. The
City has agreed to withdraw the
disciplinary action that would not allow
Mr. Stephens to test for promotional
purposes for two years. The portion of
the disciplinary action being appealed is
the demotion and three week suspension
without pay.
Mr. Strickland chose to make his opening
statements prior to calling his witnesses
Fire Chief Stan Gertz was called by Mr.
McEntire as the first witness. During
questioning by Mr. McEntire and cross-
examination by Mr. Strickland, he
verified the events leading up to the
disciplinary action. This included an
inquiry into Mr. Stephens' credentials, a
subsequent investigation by Division
Chief Pat Hughes and Lieutenant Don
Andrews, questioning Mr. Stephens about
the incident, and ultimately the
suspension and demotion. Chief Gertz
stated additionally that Mr. Stephens was
not fired due to his length of time with
the department, and his skills as a
firefighter.
The next witness was Division Chief
Hughes. He stated he is the City Fire
Marshall, and a commissioner on the Texas
Commission of Fire Protection. Upon
questioning, he stated his role in the
investigation of Mr. Stephens, which
included corresponding with Dr. Jim Cline
of the Thomas Edison State College in New
Jersey, Cy Long of the Texas Commission
of Fire Protection, and representatives
of various agencies named in the
educational certificates. He verified he
also talked with Mr. Stephens, and
conducted the investigation over a period
of 2-3 weeks.
The next witness was Alton Bostick,
Division Director of the Commission on
Fire Protection. Upon questioning, he
stated falsification of documents is
considered a major infraction, and the
demotion from lieutenant to firefighter
is not excessive.
Denton Fire Chief John Cook testified
that he was contacted initially by Dr.
Cline concerning a course in Fire
Dynamics. Mr. Stephens had a certificate
for that course from the Denton Fire
Department, but Chief Cook verified his
department does not have the capability
to teach that course.
Mr. Strickland presented his opening
statements.
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Mr. Strickland called Lt. Duane Hickman
and Firefighter Steve Papagno as
character witnesses for Mr. Stephens.
Mr. Strickland called Mr. Stephens. Mr.
Stephens read a prepared statement to the
Commission, followed by questioning from
Mr. Strickland. In the statement, Mr.
Stephens acknowledged the falsification
of certificates of training, making no
excuses and accepting responsibility for
his actions.
Mr. Stephens was cross-examined by Mr.
McEntire, and Commissioner Swearingin
asked questions to clarify information.
Mr. McEntire made his closing statements,
followed by Mr. Strickland's closing
statements.
After the Commission adjourned for
deliberation, upon reconvening,
Commissioner Swearingin made the motion
to uphold the three week suspension
without pay, to uphold the demotion to
firefighter from fire lieutenant, and•to
" waive the action disallowing Mr. Stephens
to take the fire lieutenant's exam for
the next two years. Commissioner Biggers
seconded the motion, and it carried
unanimously.
5. ADJOURNMENT Meeting adjourned at 9:50 p.m.
Sally H k eld, airperson
.
on Mc inn , erson 1 Director
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