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HomeMy WebLinkAboutCIV 1987-05-13 Minutes ~ MINUTES FOR THE REGULAR MEETING ~ OF TH~ CIVIL SERVICE CONII~IISSION MAY 13, 1987 AT 7:00 P.M. IN THE NORTH RICHLAND HILLS CITY HALL 7301 NE LOOP 820 1. CALL TO ORDER: Chairman Pederson Called the meeting to order at 7:15 P.M. 2. ROLL CALL: Members Present: Members Absent: George Pederson, Chairman Bob Roark, Commissioner Jeff Newsom, Commissioner Lyle Welch, Commissioner Gary Cope, Alternate Jack Frisque, Commissioner - Late Arrival Others Present: Ron McKinney, Civil 5ervice Secretary Rex McEntire, City Attorney John Whitney, Director of Support Services Kane Kelly, Buyer/Support Services Kelly Palmer, Appellant Mark Pluskey, Attorney for Appellant David Fleetwood, Employee/Witness Tommy Powell, Shop Superintendent/Witness Jill Korth, Personnel Secretary 3. APPROVAL OF MINUTES FOR Commissioner Newsom moved, seconded by Commissioner MAY 4, 1987: Welch to approve the minutes of May 4, 1987. Motion carried unanimously. 4. APPEAL HEARING CS-87-O1 Chairman Pederson called Appeal Hearing CS-87-O1 to FOR APPELLANT KELLY order. He asked if Kelly Palmer was present and if PALMER: he was represented by counsel. Mr. Palmer was pre- sent and represented by Mark Pluskey. The Chairman then asked if John Whitney was presnet and if he was represented by counsel. Mr. Whitney was present and represented by Mr. Rex McEntire. Commissioner Newsom read the grounds for adverse action taken by John Whitney indefinitely suspending Kelly Palmer on April 9, 1987. Commissioner Frisque then read the appeal response of the adverse action from Kelly Palmer. The Chairman asked Mr. Palmer if he had been furnished with a copy of the department head's statement. Mr. Palmer said yes. The Chairman then proceeded by swearing in the witnesses. Witnesses sworn in were: John Whitney, Kelly Palmer, Ron McKinney, Kane Kelly, Tommy Powell, and David Fleetwood. Page 2 Civil Service Meeting May 13, 1987 The Chairman asked both parties if they wished to invoke the "Rule". Attorney Mark Pluskey wished to invoke the "Rule". Al1 witnesses left the room except Ron McKinney and John Whitney. The Chairman Asked Mr. Pluskey to proceed. Mr. Pluskey began by calling Mr. Palmer. Pluskey asked Mr. Palmer what his position was with the city. Mr. Palmer stated he was a mechanic. Mr. Palmer was then asked if he suffered a 1986 on-the-job injury on May 6th. Mr. Palmer said he was injured on May 6, 1986 on-the-job and he did file a worker's compensation injury. Mr. Pluskey asked Mr. Palmer if on the night of April 3rd he was informed by Scott Vest, a co-worker, to report to work Monday, April 6th. Mr. Palmer said he was but that he had not heard anything from the city or his doctor. Mr. Palmer stated that he had a therapy session on Monday at 8:30. He went on to say that he did go to City Hall Monday at 8:00 a.m. and talked first with Kane Kelly. Mr. Palmer said he was told by Mr. Kelly that Ron McKinney said he could return to work, full-time/restricted duty. Mr. Palmer then said he talked with Ron McKinney and that Mr. McKinney had a note listing the duties he could not do. Mr. Palmer said Mr. McKinney had no signed letter from his doctor stating this. Mr. Palmer continued to say after he talked with Mr. McKinney he went to therapy , his therapy was every Monday, Tuesday, and Thursday. He said after his therapy he went back to City Hall to see Mr. McKinney to find out why he hadn't received his worker's comp. check. Mr. Palmer said his check was incorrect. He was only paid for half the time off, when he said he should have been paid for being off full-time. He stated that Mr. Kelly put him on full compensation because there was to much confusion with him being paid half a day by the city and half a day by work's comp. Mr. Palmer said after he talked with Mr. McKinney he was going to go home and wait for a phone call from his doctor; he said he tried to get in touch with his doctor several time but could not, so he called Mr. Kelly to tell him this. He said Mr. Kelly told him just to listen to what his doctor said. Mr. Pluskey asked Mr. Palmer if he went to therapy on Tuesday. Mr. Palmer said he went to therapy at 8:30 a.m. then went to work at 1:00 p.m. He said Mr. Whitney told him it was all right to come in a 1:00 p.m. since he had therapy in the mornings. The city would pay him half a day and work's comp. the other half. Mr. Palmer said he told his supervisor, Tommy Powell, that he had a doctors appointment on Wednesday at 9:45. . Page 3 Civil Service Meeting ~ 'May 13, 1987 On Wednesday he said he went to the doctor and he left there about 11:30 a.m. and reported to work at 1:00 p.m. Mr. Palmer said he immediately went to work, he was called into Mr. Powell's office. He stated Mr. Whitney wanted to know where he was from 10:00 to 1:00; he said he then showed Mr. Whitney his doctors excuse but Mr. Whitney threw it in his face and called him a liar and told him he was on leave of absence with pay until further notice. Mr. Palmer said Mr. Whitney verbally abused him and ripped his I.D. badge off his shirt and was then escorted off the premises by a police officer. Mr. Palmer said he received a letter of indefinite suspension at the end of that week. Mr. Pluskey passed the witness. Rex McEntire asked Mr. Palmer if he had been told by one of his fellow employees the week-end before to come to work Monday the 6th; Mr. Palmer said no. Mr. Palmer was then asked if he was told that the city had been trying to reach him the week before; Mr. Palmer said no, he was not told to report to work for full duty Monday. Mr. McEntire asked if Mr. McKinney told him he was back on full duty when he first talked to him Monday. Mr. Palmer said Mr. McKinney did not tell him until he had returned from therapy. Mr. Palmer then stated he talked to Mr. Kelly and was told to listen to his doctor so he went home to wait for the doctor ta return his phone call. Commissioner Newsom asked Mr. Palmer about his therapy schedule. Mr. Palmer stated that it had been worked out before Tommy Powell became his supervisor that he would come in to work at 1:00 p.m. because of his therapy in the mornings. This was decided by the previous supervisor, Tim Beck. Chairman Pederson asked Mr. Palmer about his injury and the events leading up to now. Mr. Palmer gave a brief account of how the accident occurred and that he had seen three doctors: Dr. Waggener who referred him to Dr. Swords who performed (2) operations with no success and then finally Dr. Johnston who performed (3) operations within a period of (6) to (8) months. The last operation was around Thanksgiving. Chairman Pederson asked if Mr. Palmer was on worker's compensation from November to April; Mr. Palmer said no, he came back to work because Mr. Whitney told him to get a release from the doctor or he would be fired. Mr. McEntire asked if the following records were correct: date of hire 3-18-86, date of injury 5-6-86, returned to light duty for half a day 12-8-86, and was then re- leased for full duty with limitations of no squatting or lifting from a squatting position. Mr. Palmer said that these statements were correct. Page 4 Civil Service Meeting ' May 13, 1987 Commissioner Frisque asked if the arrangement that Mr. Palmer was to return to work at 1:00 p.m. on the days he received therapy was made when Tim Beck was his supervisor and if Mr. Powell was made aware of this arrangement. Mr. Palmer stated he and Tim Beck explained his situation to Mr. Powell when he first came to work. Commissioner Frisque asked Mr. Palmer abaut the Wednesday afternoon when he stated he was verbally abused and then escorted off the premises by a police officer. Mr. Palmer said Mr. Whitney verbally abused him in front of Mr. Powell and Mr. Kelly, also in front of co-workers in the shop. Mr. Palmer was was asked if these were present or had signed statements. Mr. Palmer said no. Mr. Palmer was then asked who called the police and why. Mr. Palmer said Mr. Whitney called the police but he did not know exactly why. Commissioner Welch asked Mr. Palmer why he did not return to work on Wednesday April 8th when he knew he was to report to full duty. Mr. Palmer said he did not receive a signed release. Mr. McEntire showed the letter from the city which was sent to Dr. Johnston, dated April 6th, to inform him of the limitations intended to be placed on Mr. Palmer once he returned. Dr. Johnston approved this letter with his signature. This letter was entered for the record. Also entered was the release dated April 3, 1987 from Dr. Johnston to release Mr. Palmer to return April 6th with these restrictions: no squatting or lifting from a squatting position. Mr. Palmer stated he did not receive the release dated April 3, 1987. He also stated that Dr. Johnston sent him a copy of the letter which the city had sent the doctor dated April 6, 1987. Mr. Palmer stated that he had only been released to light duty and that was back in December. Mark Pluskey entered a copy of a letter from Dr. Johnston to Alexander & Alexander giving a brief account of Mr. Palmer's progress. With no further questions for Mr. Palmer he was excused. Rex McEntire called on Ron McKinney. Mr. McKinney was asked if he had received information from Dr. Johnston regarding Mr. Palmers return to work. Mr. McKinney said he had talked to Dr. Johnston on April 3, 1987 and was told that Mr. Palmer was released to return to work on April 6, 1987 with the limitations of no squatting or lifting from a squatted position. Mr. McKinney stated that he advised Mr. Palmer of this the morning of April 6. He also advised Mr. Palmer that he would be on full pay with the city even though he still had Page 5 Civil Service Meeting 'May 13, 1987 therapy treatments to attend. Mr. McEntire passed the witness. Mr. Pluskey asked Mr. McKinney if the city was self- insured on worker's compensation. Mr. McKinney said yes. Mr. McKinney was also asked if he was aware of the fact that Mr. Palmer's worker's comp. was suspended on April 6, 1987. Mr. McKinney was not aware of this, but he stated that he notified Alexsis that Mr. Palmer was released to return to work April 6th and that the city would be putting him on full city pay at that time. Mr. McKinnev stated that it seemed reasonable if the city would be paying Mr. Palmer full-time that Alexsis would stop paying worker's compensation. The Commission asked Mr. McKinney if the city had a written procedure to contact a city employee. Mr. McKinney stated there was no set procedure. Mr. McKinney was dismissed. Rex McEnitre called on David Fleetwood. Mr. McEntire asked David what his position was with the city. Mr. Fleetwood said he was mechanic in Support Services. He was asked if he worked in the same department with Mr. Palmer, he said yes. Mr. McEntire asked if on Friday, April 3, 1987, he was made aware that his department was trying to reach Mr. Palmer. He stated he was, that Mr. Powell told the emplovees if they saw Mr. Palmer over the week-end to tell him to report to work Monday morning at 8:00 a.m. because he had been released by his doctor to come back to work. Mr. Fleetwood said he saw Mr. Palmer on Saturday, April 4,. 1987 and advised him at that time to report to work on April 6, 1987. With no further questions Mr. Fleetwood was dismissed. Mr. McEntire called on Tommy Powell, 5hop Superintendent. Mr. McEntire asked Mr. Powell if he was Mr. Palmer's immedia~e supervisor, he said yes. Mr. Powe11 was then asked if he was aware on April 3rd that Mr. Palmer was released by his doctor to return to work. Mr. Powe11 said he was aware of this and that he tried to reach Mr. Palmer all day Friday, April 3rd, by telephone. He stated that he told two of his employees that if they saw Mr. Palmer over the week-end to tell him tha~ his doctor had released him and to report to work Monday, April 6th. Mr. Powell stated that he did not see Mr. Palmer Monday so he called Mr. Kelly and was informed that Mr. Palmer was in Mr. McKinney's office and that when he was finished he was to report to the shop. Mr. Powell stated that Mr. Palmer never reported to the shop and did not see him until Tuesday, April 7, 1987 at approxi- mately 1:00 p.m. Mr. Powell said on Wednesday Mr. Palmer Page 6 Civil Service Meeting `May 13, 1987 reported to the shop at 1:00 p.m. He went on to say that after Mr. Palmer did not report on Wednesday morning he called Mr. Kelly to see when Mr. Palmer would be in; he assumed Mr. Palmer would be in some- time that morning if his appointment only took one hour. Commissioner Pederson asked if Mr. Powell explained to Mr. Palmer he was on full duty with restrictions. Mr. Powell said he discussed this with Mr. Palmer and told him not to do any bending or lifting, anything that might hurt his knee. Commissioner Welch asked Mr. Powell if he was sure Mr. Palmer was notified to return to work on April 6, 1987. Mr. Powell stated that David Fleetwood and Scott Vest, city employees, both said they told Mr. Palmer to report on April 6, 1987, to full duty. With no further questions, Mr. Powell was dismissed. Mr. McEntire called on Kane Kelly, Senior Buyer. Mr. McEntire asked Mr. Kelly if he was Mr. Powell's supervisor, he said he was. Mr. Kelly was then asked when was he aware Mr. Palmer was released to full duty with restrictions, and if he tried to contact Mr. Palmer to notify him of this. Mr. Kelly stated he knew on April 3, 1987 that Mr. Palmer was released to return on April 6, 1987 and that he advised Mr. Powell to notify Mr. Palmer of this. Mr. Kelly also stated that he himself tried to notify Mr. Palmer. Mr. Kelly stated he talked to Mr. Palmer Monday morning and explained that he was released to full duty with restrictions. He also stated that he did inform Mr. Palmer that after his therapy he was to return to work. Mr. Kelly said he did not know that Mr. Palmer was going home to wait for his doctor to call. Mr. Kelly was passed. Mr. Pluskey asked Mr. Kelly what happened at the shop Wednesday, April 8, 1987. Mr. Kelly stated that he and Mr. Whitney went down to the shop to talk to Mr. Palmer and to clarify the recent events. He stated Mr. Whitney asked Mr. Palmer if he went to the doctor and what time did he leave. Mr. Kelly said Mr. Palmer answered yes he did go, then he hesitated and said he left around 11:30, Mr. Whitney implied Mr. Palmer was lying. He stated that the doctor had been called and the doctor said Mr. Palmer's appoint- ment was at 9:45 a.m. and could not have lasted more . than and hour. Mr. Kelly went on, he said Mr. Palmer then showed Mr. Whitney his doctors excuse. Mr. Whitney said he didn't need it and put it back in Mr. Palmer's pocket. Mr. Whitney told Mr. Palmer he was on indefinite suspension with pay. Page 7 Civil Service Meeting ` May 13, 1987 Mr. Pluskey asked Mr. Kelly if Mr. Whitney used profanity toward Mr. Palmer. Mr. Kelly said yes. Commissioner Pederson asked if it was normal practice for Mr. Palmer to come to him instead of his immediate supervisor. Mr. Kelly stated that normally Mr. Palmer would just report to the shop, but he felt since Mr. Palmer was reporting back to work he may have thought it necessary also to talk to Personnel~ With no further questions, Mr. Kelly was dismissed. Mr. McEntire called on John Whitney, Director of Support Services. Mr. McEntire asked Mr. Whitney if Mr. Palmer was employed in his department, Mr. Whitney said he was. Mr. Whitney was then asked if he was the one who suspend- ed Mr. Palmer. Mr. Whitney said yes, based on the information stated in the letter dated April 9, 1987. Mr. McEntire then asked if he still felt Mr. Palmer should be indefinitely suspended. Mr. Whitney said yes. Mr. McEntire passes the witness. The Chairman asked Mr Whitney if Mr. Palmer resisted when he was asked to leave the premises. Mr. Whitney stated that Mr. Palmer hesitated. He did not immediately put up his tools to leave, but went back to where he was working and began to work. Mr. Whitney said at that time he removed Mr. Palmer's badge and advised him not to return to city property without permission from Mr. Powell. Mr. Whitney was then asked if he considered Mr. Palmer's action of returning to work as an act.,af insubordination. Mr. Whitney said he did. Mr. Whitney said that Mr Palmer was removed from the premises by City Marshall, Dennis Nelson. Mr. Whitney presented a signed statement from Mr. Nelson to the Commission. Commissioner Frisque asked Mr. Whitney if the City Marshal was summoned or if he was already present. Mr. Whitney stated that Mr. Nelson had just arrived at that time, he was not summoned. Commissioner Frisque then asked if Mr. WY?itney used abusive language toward Mr. Palmer. Mr. Whitney stated that he did not use abusive language toward Mr. Palmer. Mr.Whitney was asked if he normally used abusive language. He said he did. Mr. Whitney was asked if he was provoked by Mr. Palmer to have him removed from the premises. Mr. Whitney stated that he perceived Mr. Palmer's attitude as "you can't do anything to me", and said what ever prompted that situation he could not answer. Mr. Pluskey asked Mr. Whitney if he ever discussed with Mr. Palmer the issue of him coming in at 1:00 p.m. on the days of his therapy. Mr. Whitney said he had told Page 8 Civil Service Meeting ~ May 13, 1987 Mr. Palmer, on one accasion, to come in a 1:00 p.m. because of his therapy, but this did not apply to the Tuesday or Wednesday after Mr. Palmer had been released. Chairman Pederson asked Mr. Palmer what the last day was prior to April 6 that he worked for the city. Mr. Palmer said he was working half days until he was accused of stealing. Then he was put on full compen- sation because he was told there was to much confusion with him working half days. This was March 5th. Mr. Kelly was re-called. Mr. Kelly explained that prior to April 6th Mr. Palmer was put back on full compensation due to the fact the city had no clarifi- cation from the doctor on what duties Mr. Palmer could do, and the city's concern to keep Mr. Palmer from aggravating his injury. Mr. Kelly extimated that this took place around March 5, 1987. Mr. Kelly then clar- ified that Mr. Palmer worked light duty/half days from December 8, 1986 to sometime around March 5, 1987, and was then placed on full compensation until he was re-, leased to full duty April 6, 1987. Mr. Kelly was dis- missed. Mr. McKinney was re-called. Commissioner Newsom asked Mr. McKinney if he called the doctor on April 3, 1987. Mr. McKinney explained that he called Dr. Johnston on April 3, 1987 to determine when Mr. Palmer could return to full duty. He stated that he was informed by the doctor that Mr. Palmer could return to full duty as of , April 6, 1987. He said he then advised Mr. Kell,y that Dr. Johnston had released Mr. Palmer to return April 6, 1987. Mr. McKinney was dismissed. With no further testimony from either party the Chairman called a recess to deliberate a decision. The Chairman called the hearing to order and asked for a motion. Commissioner Newsom made the following motion, seconded by Commissioner Frisque. "The indefinite suspension of the employee, Kelly Palmer is set aside and the punish- ment is set a(7) days suspension without pay for violations of Rules L0.01 and 10.01(j)". Motion carried unanimously. The Chairman stated that the Commission's decision would be prepared in writing immediately following adjournment. 5. ADJOURNMENT: With no further business the hearing was adjaurned into an executive session at 11:00 p.m. Page 9 Civil Service Meeting "May 13, 1987 Chairman eorge Pederson Ron McKinney, Civil Serv e Secretary