HomeMy WebLinkAboutCIV 1990-09-19 Minutes MINUTES FOR THE APPEAL HEARING
OF THE CIVIL SERVICE CO1~II~IISSION
SEPTEMBER 19, 1990 at 6:30 p.m. IN
THE NORTH RICHLAND HILLS CITY IiALL
7301 N.E. LOOP 820
1. CALL TO ORDER: Chairman George Pederson called the
meeting to order at 6:30 p.m.
2. ROLL CALL: Members Present:
George Pederson, Chairman
Bob Roark, Commissioner
Bernie Roux, Commissioner
Arfan Jabri, Alternate Commissioner
Others Present:
Ron McKinney, Civil Service Secretary
Rex McEntire, City Attorney
Linda Cast, Personnel Technician
Charles Miner, Appellant
Jimmy Cates, Public Works Supt.
William Lankford, Public Works MW III
3. APPROVAL OF MINUTES Chairman George Pederson moved,
FOR MAY 16, 1990 seconded by Commissioner Bob Roark, to
MEETING approve the minutes of May 16, 1990.
Motion carried unanimously.
4. APPEAL HEARING Witnesses Jimmy Cates, William
CS 90-01 Lankford, and Charles Miner were sworn
in. Appellant Charles Miner, defending
himself, chose to invoke the rule.
Mr. Miner started by explaining
previous disciplinary actionS.
Reference June 1, 1989, he explained
that he was getting the water jug, and
stopped to talk to a member of the
water crew. When told by his crew
leader, Mr. Lankford, to put
weedeaters on the truck, Mr. Miner
told him to do it himself. Mr. Miner
advised that he knew that was wrong,
especially since younger members of
the crew were present. He further
stated that he always was good about
having the equipment on the dock,
ready to go, before the day started,
but that particular day he got the
water jug. The crew leader thought he
was messing around. Mr. Miner stated
he's not had a problem with any other
crew leaders, just Mr. Lankford.
On August 29, 1990, Mr. Miner
explained they were working at the
galf course. He felt bad that day,
and told his crew leader, but he (Mr.
Miner) wanted to stay on the job. He
did, and stayed for overtime. They
were pulling fire hoses to spray the
street down, and put it behind the
bumper of the truck for the truck to
pull it. It got caught in the bumper,
and bent it. According to Mr. Miner,
he felt Mr. Lankford was not going to
report the damage, and Mr. Miner
stated he'd report it if Mr. Lankford
didn' t. Mr . Lankford told Mr . Miner
to get back to work, and not to start
trouble. Because of the verbal
exchange, Mr. Miner said he was
written up for insubordination. He
realizes he should have kept quiet,
and admitted he talked too much.
City Attorney Rex McEntire asked about
August 29, 1990, and if Mr. Miner
understood that what Mr. Lankford was
perturbed about was Mr. Miner's
arguing over a protracted period of
time, and not doing what he asked Mr.
Miner to do. Mr. Miner said he was
not arguing, that he was trying to let
Mr . Lankford know that he wasn' t going
to cover up the accident, that Mr.
Lankford needed to turn himself in.
Mr. McEntire went over the list of
reprimands with Mr. Miner. He pointed
out that he had been counseled about
back talking in front of the other
crew. He further referenced the daily
log kept by the Street Dept.
Mr. McEntire called Jimmy Cates,
Public Works Superintendent. Mr.
Miner's performance record was
presented to the Commission for
reference while Mr. Cates went over
the official reprimands. He
commented on August 1, 1990, that he
had been suspended for 5 days for an
accident. He did not check his
surroundings close enough while
washing out the vehicle with a fire
hose. On June 13, 1990, while gassing
up the pump truck, he didn't put on ~
the emergency brakes and rolled into
another vehicle, causing damage. On
June 1, 1989, crew leader Joe Maenner
wrote him up for back talking and
refusing to do jobs.
Mr. McEntire asked if Mr. Miner had
been counseled. Mr. Cates said yes,
on several occasions. He also
explained the procedure for a crew
leader to write up incident reports,
and that they are turned in to either
the superintendent or assistant
superintendent. The crew leader and
employee then meet with the
superintendent and he makes a decision
on disciplinary action.
Mr. McEntire asked if Mr. Cates
checked out the incident on August 29,
1990, and if he was satisfied that the
incident happened. Mr. Cates answered
yes.
Mr. Miner had no questions of Mr.
Cates.
Mr. Lankford was called in next. He
explained the June 1, 1989 incident,
that Mr. Miner was talking to a
utility crew member rather than
filling the water jug. When he told
Mr. Miner to get some equipment, Mr.
Miner told him to stick it in his ear.
This was in front of several
employees, including the high school
summer temporary help.
Mr. Lankford then commented on August
29, 1990, the crew was cleaning the
road on Skylark Circle. In cleaning
the streets with the fire hoses, they
were hooked to the back of the truck
to haul down the street. One of the
hoses fell in a storm drain and got
caught, pulling the hose from the
truck. The hose pulling out did raise
a previous dent a bit more. Mr. Miner
started arguing about it, and Mr.
Lankford said he'd take care of it.
Mr. Miner acted like he thought there
would be a cover-up. This was after
4:30, and supervisory personnel had
already gone for the day. Mr. Miner
continued arguing for 15-20 minutes.
Mr. Lankfard did write him up for not
shutting up, and instigating trouble.
Commissioner Arfan Jabri asked Mr.
Miner if Mr. Lankford was the only
leader he had a problem with, and had
he requested different supervisors.
Mr. McEntire explained that he does
work under different supervisors
according to the schedule. Upon
questioning by Mr. McEntire, Mr. Cates
explained the same problem occurred
with Joe Maenner and Huey Sheppard, as
well as some of the MW II's.
In closing statements, Mr. Miner
stated he realized his mouth got him
in trouble, but nothing could be said
about his work. He did his share.
But again, he realized he needed to
work on his talking.
The Commissioner recessed for
deliberation. Upon return,
Commissioner Bernie Roux stated that
the Commission was unable to find
grounds to overturn the action of the
department head, and made the motion
to affirm the termination. It was
seconded by Bob Roark. The motion
passed by unanimous vote.
5. ADJOURNMENT Meeting adjourned at 7:50 p.m.
Chai man or ederson
r
Civil Service Secretary McKinney