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Home My WebLink AboutCIV 1989-10-19 MinutesMINUTES FOR THE REGULAR MEET ING OF THE CIVIL SERVICE COMMISSION u�.=ivurir, 19, 1989 at 7:30 P.M. IN THE NORTH RICHLAND HILLS CITY HALL 7301 N.E. LOOP 820 1. CALL TO ORDER: Chairman George Pederson called the meeting to order at 7:30 p.m. 2. DOLL CALL Members Present: George Pederson, Chairman Bob Roark, Commissioner Jeff Newsom, Commissioner Garry Cope, Commissioner Bernie Roux, Commissioner Arfan Jabri, Alternate Others Present: Ron McKinney, Civil Service Secretary Linda Cast, Personnel Technician Rex McEntire, City Attorney Lee Maness, Finance Director Paula Gifford, Billing Supervisor Christine Armstrong, Appellant Kevin Burns, Attorney for Appellant 3. APPROVAL OF MINUTES FOR Commissioner Bob Roark moved, seconded MAY 25, 1989 MEETING: by Commissioner Jeff Newsome, to approve the minutes of May 25, 1989. Motion carried unanimously. 4. APPEAL HEARING CS 89 -01 Witnesses Christine Armstrong, Lee APPELLANT: CHRISTINE Maness, Ron McKinney, and Paula Gifford ARMSTRONG were sworn in. Attorney for the appellant, Kevin Burns, chose not to invoke the rule. Mr. Burns presented Ms. Armstrong's position, explaining her work history briefly and including her workers compensation history. He requested a position be found for her since her position was terminated. Rex McEntire explained that her position of Chief Meter Reader was viewed as a luxury position by the council. It had not been deleted a year earlier to see if her condition improved. When the position was eliminated, she would only have been entitled to regress to her Previous position, Meter Reader. She no longer qualified for that position because of physical limitations. Ms. Armstrong made the statement that she loved the city, and wants to work, and the position does not have to be supervisory. Ron McKinney referred to Civil Service rule 6.01 concerning re- employment rights, which states that permanent employees who are involuntarily separated from the classified service through no fault of their own shall be placed on a reinstatement list in order of seniority. This list shall be exhausted before appointments are made fran the eligibility list. Mr. Burns referred to her restrictions as a possible punishment, and they were from a worker's camp. injury. Mr. McKinney stated that her physical capability for any position would be determined by the city doctor. In considering positions that might be available, there are sane that would fit her qualifications, but none are available at this time. Those would be in the Library, Finance /Utility, and Environmental Services. Mr. McEntire pointed out the Billing Supervisor is handling Ms. Armstrong's former duties. Mr. Burns questioned if other people are doing anything. He pointed out the position was created because of her quality of work. Alternate Cammi.ssioner Arfan Jabri questioned how many meter readers there were, and who supervises them. He was advised Paula Gifford is the supervisor of the 4 meter readers. Commissioner George Pederson asked about the other positions in the department, and was advised there were the billing supervisor, 2 billing clerks, 2 clerks, 3 service workers, and the meter readers. Commissioner Pederson asked if she would be physically capable to do any of the other functions. Lee Maness advised physically, yes, but he didn't know about her other capabilities. Commissioner Bernie Roux asked if Ms. Armstrong could receive on the job training, and Mr. Maness advised the funding had been eliminated. Catmissioner Roux asked if the city would pay further education to train her. Mr. Burns reiterated her worker camp. limitations are what's limiting her. Mr. Maness and Mr. McKinney disagreed. Mr. Burns asked if there have been other cases of positions eliminated, and the employee offered a position scmewhere else. Mr. McKinney said yes, and mentioned Marilyn Ellis. Mr. Burns asked how regression would have happened if her health had not been a factor. Mr. McEntire advised that the least senior meter reader would leave, and she would regress to meter reader. Cmmissioner Jeff Newsan asked what her restrictions were. Mr. Burns stated lifting over 40 pounds. Mr. McKinney encouraged Ms. Armstrong to get typing and data entry skills to increase the potential positions available. Canmissioner Garry Cope asked who requested the position be eliminated. Mr. McEntire pointed out that it was a management call to eliminate the Chief Meter Reader position. He also said that the position was to be deleted the previous year, but since Chris was hurt, they wanted to see if she'd improve to go back to the meter reader position. This year the position was targeted again when Lee was given a dollar figure to work with, and had to make the budget decision of who he could get along without the best. Chairman Pederson interrupted to state that council eliminated the position, and that the issue before the Commission is what can be done with Christine. The budget is set. Mr. McEntire then stated that if the Commission re- instates her, she works free, because there's no money to pay her. We're bound by the public budget process, which is different than private industry. Mr. Burns asked why her position was targeted. Mr. McEntire said hers was a luxury position. Chairman Pederson explained the classification system, and how the positions are classified so that our city is campetitive with other cities. He stated not all have a Chief Meter Reader positions, and it "stuck out". Mr. Burns asked what the Commission could do, so that he could understand their choices. Chairman Pederson stated there were three things -- -they could affirm an action, set aside an action, or modify an action. That was the limit. Commissioner Bob Roark stated the options were correct, and they were an advisory body. He stated that Ms. Armstrong was put on a 6 month consideration list, and asked if that could be extended to a year. Mr. McKinney stated it had been done, according to a letter that had been written and that they all had a copy. Mr. Burns asked what if the commission made a recommendation to set aside this decision to terminate Ms. Armstrong. Would the city council have to re- consider that? Mr. McEntire stated that they probably would not until next year. It would require an amendment to the adopted budget. He also stated they were not in a position to set the action aside. There was no money to pay her. Mr. McKinney stated he did not think the commission would have the authority to rescind the action when it was taken on a decision by the city council. Chairman Pederson asked for a closing statement. Mr. Burns requested that this body take one of 2 actions. 1) Ask this action be set aside and go back to the city council for consideration in their budget for payment; or 2) modify the action with the recommendation that Ms. Armstrong be transferred to another area. Let her service to the city be recognized. Chairman Pederson asked Mr. McEntire if the city had anything like that. Mr. McEntire said if the second action was taken, he would presume they could tell what position to put her in, and who to fire. There is no money to pay her with unless someone else is let go someplace else. He knew of no provision in the rules allowing that. He added he thought the period of time should be extended to one year. Mr. McKinney pointed out we had agreed to that already by letter. Chairman Pederson called for recess for a decision to be reached. After recess, Commissioner Jeff Newsom made a motion that the action taken by the department head to terminate Christine Armstrong was necessitated by the city council's decision to eliminate her position from the city's operating budget. Therefore, the camLission has no authority to take action in this matter. The motion was seconded by Commissioner Cope, and carried unanimously. 5. ADJOURNMENT: The meeting adjourned at 9:50 p.m. U,O-� Ch. Chai � -.- Gaeorge Civil Service Secretary6n McKinney