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HomeMy WebLinkAboutCIV 1993-09-09 Minutes MINtTTES FOR TSE MEETINa OI~ T8T CIVIL 5ERVICE COI~II~IISSION SEPTEMBER 9, 1993 at 6:30 p.m. IN TIiL NORTH RICRLAND HILLS ADI~INISTRATIVE CONFERENCE ROOM 7301 N.E. LOOP 820 1. CALL TO ORDER Personnel Technician Linda Cast called the meeting to order at 6:30 p.m. 2. ROLL CALL Members Present: Bill Biggers, Commissioner Larry Bracke, Commissioner Sally Hackfeld, Commissioner Ralph Swearingin, Commissioner Dennis York, Commissioner Others Present: Linda Cast, Personnel Technician Rex McEntire, City Attorney 3. ELECTION OF Commissioner Bill Biggers nominated CHAIRPERSON AND Commissioner Sally Hackfeld for the VICE-CHAIRPERSON Chairperson position, seconded by Commissioner Larry Bracke. Motion carried by unanimous vote. Chairperson Hackfeld nominated Commissioner Biggers for the position of Vice-Chairperson, seconded by Commissioner Dennis York. Motion carried by unanimous vote. 4. APPROVAL OF MINUTES Commissioner Bracke made the motion FOR MAY 11, 1993 to approve the minutes of the meeting held May 11, 1993, seconded by Commissioner York. Commissioners Bracke and York both voted yes. Motion carried. Chairperson Hackfeld was not present at the May 11 meeting. Commissioner Biggers and Commissioner Ralph Swearingin were not members of the Commission at the time. 5. RULE 5.05 There was discussion of Rule 5.05, Written Examination/Assessment Center Exercise. Ms. Cast explained to the Commissioners that the wording is what was approved in the Charter revision election held in August, 1992. When the Civil Service Rules and Regulations were revised in April, 1993, this change was omitted in error. In discussion of the Rule, Ms. Cast explained that the written examination is no longer a qualifying exam only. The score will count as one of the phases of the Assessment Center. Commissioner Bracke made the motion to amend Rule 5.05 to be in agreement with the Charter, and to read as follows: "A qualifying written examination shall be administered to all eligible applicants for a promotional position in the classified service, as defined in Rule 5.01(c), when an Assessment Center Exercise is a method to be used to establish a list from which appointments to the promotional position are to be made. Applicants must answer correctly seventy percent of the questions to pass the written examination and to be eligible for the Assessment Center. The eight highest scorers passing the written exam shall be permitted to participate in the Assessment Center Exercise. In the event the written examination results in a tie among two or more persons for the eighth highest score, the individual's seniority in the department shall be the tie-breaker in determining the applicant who will be permitted to continue to the Assessment Center Exercise. "The maximum achievable score for the written examination shall be equal to but not exceed the maximum achievable score for each of the remaining exercises. An Assessment Center Board, comprised of members approved by the department head, shall administer the Assessment Center Exercise. The Board members shall award points based on each applicant's performance for each phase of the exercise. The grade which shall be placed on the eligibility list for each applicant shall be the sum of all points awarded by an Assessment Center Board plus written test score, and applicable seniority points. "Department heads will be responsible for the development of the Assessment Center process for their department which shall be forwarded to the Personnel Director for approval." 2 Motion was seconded by Commissioner Biggers, and carried by unanimous vote. 6. RULE 7.04 There was discussion of Proposed Rule 7.04, Probationary Period. Rex McEntire, City Attorney, explained that this rule on the probationary period was part of the Charter revision election. In reference to the probationary period starting at a date other than initial hire date, it will apply particularly to Police Officers, who are required to obtain their state certification and complete a period of time with a field training officer. This procedure could take up to six months, and the officers are not in a setting to be properly evaluated for their performance until then. Therefore, the one year probation for Police Officers will start upon the completion of their formalized training. Any requests for other positions in the City to be considered for a deviation of the standard one year probation from date of hire will be considered by the Civil Service Commission on an individual basis. Commissioner Swearingin made the motion to amend Rule 7.04 to read "An employee, upon original appointment to a position in the classified service, shall serve a probationary period of twelve months. The twelve month probation shall begin with the first workday following the completion of all formalized basic training required by the department. The employee shall not have Civil Service rights until successfully completing such probationary period." Motion was seconded by Dennis York, and carried unanimously. 7. RULE 9.03 There was discussion on Rule 9.03, Vacation Leave. Ms. Cast explained that State law now requires sworn Police and Fire personnel to receive a minimum of 3 weeks of vacation annually, beginning with the completion of the first year in the capacity of Police Officer or Firefighter. Commissioner Swearingin made the motion to amend Rule 9.03 to read as follows: 3 "a. Each regular full-time employee in the classified service, shall receive vacation leave credit annually as follows: After 1 year of service: two weeks* After 3 years of service: three weeks After 8 years of service: four weeks After 20 years of service: five weeks * Sworn Police and Fire personnel will earn 3 weeks paid vacation starting with the completion of one year of service. The balance of their vacation schedule remains the same as other employees. For the purpose of this section, a week shall be defined as a normal workweek for all employees in each of the designated classifications. b. Regular part-time employees who are budgeted at least twenty hours a week shall receive pro-rated vacation leave credit on the basis of hours actually budgeted. Example: A 20-hour/week employee will earn vacation leave at 1/2 the rate established for full-time employees. c. Fire fighting personnel assigned to a 56-hour workweek shall receive vacation leave credit annually as follows: After 1 years of service: 7 shifts After 8 years of service: 10 shifts After 20 years of service: 12 shifts d. Employees may accrue vacation leave credit to a total of two consecutive years total upon the written recommendation of the department head and approved by the City Manager." Motion was seconded by Commissioner Bracke, and carried unanimously. 8. RULE 11.03 There was a discussion of proposed Rule 11.03, Rules of Procedure for Contested Hearings. Commissioner York made the 4 motion to incorporate Rule 11.03 into the Civil Service Rules and Regulations, to read as follows: "11.03 PROCEDURE FOR CONTESTED HEARINGS Prior to presentation of the testimony, either party may invoke "the rule", which shall be treated the same as in other civil trials. By invoking the rule, all witnesses will remain in a room separate from the hearing until called to testify, and there will be no discussion of the hearing among them. a . Burden of Proof The burden of proof before the Commission will be "by a preponderance of the evidence". If any party alludes to the burden being "beyond reasonable doubt" the presiding officer shall correct the party and remind the Commission of the true burden. The Department Head shall have the burden of proof to sustain the action. The Department Head shall have the right to open and close. b. Opening The opening party may make an opening statement and then present their case. Following the opening statement, the other party will have the option of making an opening statement or waiting until that party's case is ready to present. c. Response The responding party may make an opening statement (if the decision was made to not make such statement earlier), and then shall present the case. d. Rebuttal Each party shall be entitled to enter rebuttal testimony in the order of the original presentation. 5 e. Final Arguments The person with burden of proof will be entitled to open and close. The other party will present argument after the original final argument. f. Evidence 1. Pre-filed Any party may pre-file sworn written testimony at least 7 days before hearing. Such pre-filed written testimony may be considered only if the party giving the testimony is present at the hearing for cross- examination. This limitation on pre-filed testimony shall not apply to pre-filed documents, such as deeds, certified copies of documents, personnel records, etc. 2. Live Witnesses Live witnesses shall be questioned and cross-examined as in ordinary civil trials. The strict rules of evidence shall not apply, but the presiding officer shall have discretion in receiving or excluding testimony so as to insure a fair hearing to both sides. g. Deliberation The deliberations of the Commission shall be private. However, the decision must be announced in public." Motion was seconded by Commissioner Bracke, and carried by unanimous vote. 9. ADOPTION B~ ORDINANCE Commissioner Biggers made the motion to recommend to Council the adoption of the amended Civil Service Rules and Regulations, seconded by Commissioner York. Motion carried by unanimous vote. 6 10. ADJOURNMENT Meeting adjourned at 7:35 p.m. Sally ackfel , Chairperson L' d Cast, Personnel Technician ?