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HomeMy WebLinkAboutCIV 1986-10-15 Minutes ~ ` MINUTES FOR THE REGULAR MEETING OF THE CIVIL SERVICE CONIIrIISSION ~ OCTOBER 15, 1986 AT 7:00 PM IN THE NORTH RICHLAND HILLS CITY HALL 7301 NE LOOP 820 1. CALL TO ORDER: Vice-Chairman Pederson called the meeting to order at 7:00 PM. 2. ROLL CALL: Members Present: George Pederson, Vice-Chairman Bob Roark, Commissioner Jeff Newsom, Commissioner Lyle Welch, Commissioner Jack Frisque, Commissioner Gary Cope, alternate Others Present: Ron McKinney, Civil Service Secretary Adron D. Hickman, Appellant Stan R. Gertz, Fire Chief Rex McEntire, City Attorney 3. APPROVAL OF MINUTES FOR Commissioner Newsom moved, seconded by Commissioner APRIL 17, 1986: Roark to approve the minutes of April 17, 1986. Motion carried unanimously. A discussion for the appointment of Chairman then took place. Commissioner Roark moved, seconded by Commissioner Newsom to name George Pederson as Chairman of the Civil Service Commission. The motion carried unanimously. Also, the position of Vice-Chairman was discussed. Commissioner Frisque nominated Lyle Welch, seconded by Commissioner Cope, as Vice-Chairman. Commissioner Welch nominated Jeff Newsom as Vice-Chairman, there was no second. The motion made to name Lyle Welch Vice-Chairman carried unanimously. The Commission then recessed into Appeal Hearing CS-86-02. 4. APPEAL HEARING CS-86-02: Chairman Pederson called the Appeal Hearing to order and asked if all participants were present. All parties were present. The Chairman then asked Mr. Hickman if he was re- presented by Council, he stated he was not. Rex McEntire, City Attorney, was present to represent Ron McKinney, Personnel Director. Page 2 Minutes - Appeal Hearing ~S-86-02 The Chairman asked Mr. McKinney for input on tha action taken against Mr. Hickman. Mr. McKinney stated that he had discovered that Mr. Hickman had access to one of the eight text books, which was on the source reading list for the Fire Lieutenant's exam, one week prior to any of the other eligible fireman. (See memo dated October 7, 1986, which was entered as evidence by Chairman Pederson, "Disqualification of Test Score for Fire Lieutenant Position"). Mr. McKinney said he felt as Personnel Director and Civil Service Secretary, the question whether or not Mr. Hickman received any unfair advantage over the other participants was such to where he felt there should be some action taken regarding Mr. Hickman's examination score. Mr. McKinney stated Mr. Hickman's score was administratively disqualified. Mr. McKinney then stated that the Civil Service Rules and Regulations, in Section 1 Page 1, defines an adverse action as the alleged "denial of fair and equal consideration regarding all aspects of employment". He went on to say that it was under that rule that he based his decision on whether or not, if in fact Hickman received any unfair advantage and on the other hand if any participants did not receive fair and equal consideration with regards to their access to that one text. Commissioner Newsom asked Mr. McKinney how he knew Mr. Hickman had the text, Mr. McKinney said he was advised ~ by the Fire Chief, and later Mr. Hickman admitted he had access to the text. Mr. McKinney added that Chief Gertz had no knowled~e of the text being on the reading list at the time Mr. Hickman had used the book. Chairman Pederson then called on Mr. Hickman and asked as to his reason for appealing. Mr. Hickman stated he would like to call upon Chief Gertz as his first witness to clarif_y that Chief Gertz had no knowledge that the text in question was on the reading list for the Fire Lieutenants Exam. At that time Rex McEntire swore in the witnesses, Adron Hickman, Ron McKinney, Stan Gertz. Chairman Pederson then called on Fire Chief Gertz. Chief Gertz began by telling the Commission how the text in question came about. He stated that when preparing for the Fire Lieutenant's exam, he asked Division Chief Looney to go to Personnel and look over several exams which were ordered from an out-side source to promote within the department. Chief Looney examined the test and selected two. Chief Gertz stated he Page 3 Minutes - Appeal Hearing ~S-86-02 did not go over the test and told Chief Looney to go ahead and order the study guide materials. Once the books were received they remained in the custody Chief Looney to insure everyone ~ot a fair start in studying. The books were checked into the library where they could be studied but not removed. Also furnished was a list of the study materials. Chief Gertz stated that Mr. Hickman was in his office when the text in question an another book came in, this was about one week before the list was to be published for the firefighters. Chief Gertz explained that the book was ordered prior to the reading material only as a good reference for later use, he had no idea it would be part of the study material. Chief Gertz stated that Mr. Hickman asked to look at one of the books, with no knowledge that the book was on the reading list he said yes and the book was not to leave the office. Chief Gertz explained that Mr. Hickman was on phone duty at the time while he went to lunch, however when he returned from lunch Mr. Hickman put the book back and went on with his duties. Chief Gertz said that the most time Mr. Hickman could have possibly have had the book was two hours. Chairman Pederson asked if the book would have been available to any firefighter? Chief Gertz said yes, he office is open to any firefighter. Chief Gertz explained that one of the fireman told him that Mr. Hickman had been studying one the books ordered for the test, so he then asked Division Chief Looney if that particular book was one on the reading list, Chief Looney said it was. Chairman Pederson asked if the book would be found in most fire departments? Chief Gertz siad yes, also in the Fire Academy. Rex McEntire clarified that the reading list for the Lieutenant's exam was ordered by Ron McKinney, not by the Fire Chief. Chairman Pederson then called on Mr. Hickman. Mr. Hickman distributed a typed statement on his behalf. Chairman Pederson entered the booklet as evidence. Mr. Hickman stated that because he borrowed a book from Chief Gertz which was later found to be part of the study material for the lieutenant's exam, he did not receive an unfair advantage over the other participants. Page 4 Minutes - Appeal Hearing CS-86-02 Mr. Hickman explained that he saw the book in Chief Gertz's office on two occasions for about thirty minutes each time. He went on to say that the book never leftthe office, he only looked at it while he was answering phones while the secretary was at lunch. He said this occurred in July, two months prior to the exam. Mr. Hickman explained that in August when the studv material for the exam was posted, Chief Gertz first realized that Mr. Hickman had, in fact, seen a book which was to be used on the exam. He explained that the entire fire department wasinformed of the incident. It was also explained that no one other than the Personnel Director and Division Chief Loone_y knew what was on the reading list. Mr. Hickman stated he had no idea when he saw the book it would be part of the exam. Mr.Hickman continued with saying he was already familiar with the book, he used it at the National Fire Academy for a period of two weeks. Mr. Hickman also stated that one of the books on the list has been in our library for over a year, and that he also owns one of the books as well as several other fireman. Mr. Hickman asked just where did his unfair advantage occur? Mr. Hickman closed his statement by saying that he had no idea that the book would appear on the list and requested that the Commission reverse the administrative action taken against him, and he be allowed to promote to the rank of Fire Lieutenant. Mr, Hickman also included in his booklet copies of his completed courses, background of his education and work history. Chairman Pederson asked Mr. Hickman when he saw the book and when the reading list came out? Mr. Hickman said he saw the book in July and the reading list was posted in August. Mr. McKinney stated that the readin~ list was distributed to the firemen on August 6th and the exam was given on October 3rd. Chairman Pederson asked Chief Gertz of the availability of the resource materials for the fire department, if the material was available in his office or if it was available to be checked out? Chief Gertz said if the firemen asked they could use the books, he said he tries to review the materials first, and then they are given to Division Chief Looney, and Chief Looney sets the restrictions as to how they are used, loaned, etc. Page 5 Minutes - Appeal Hearing CS-86-02 5. RECESS FOR DELIBERATION: With no further comments from either party, the Commission recessed to deliberate the information which they had received. 6. MEETING RE-CONVENED: The Chairman called the hearing back to order and the Commissions decision was announced. 7. COMMISSIONS DECISION Commissioner Frisque moved that the action of the REGARDING CS-86-02: Civil Service Secretary, in his administrative disqualification of Firefighter Hickman for con- sideration to promotion to the rank of fire lieutenant be reversed, and that Firefighter Hickman does not lose any seniority in his promoted position, if in fact he is promoted. Commissioner Newsom seconded the motion. The motion carried unanimously. 8. ADJOURNMENT: The meeting was adjourned at 8:15 P.M. ~ Chairm n Geor Pederson ~ Ron McKinney, Civil Servic ecretary ~ ~ ~ity of ~~orth Richland Hills, Texas October 7, 1986 REF: CSM 0076-86 Memo to: Duane Hickman Firefighter From: Ron McKinney ° Personnel Manager Subject: Disqualification of Test Score for Fire Lieutenant Position Several of the firefighters who took the Fire Lieutenant's Written Examination of October 3, 1986 have alleged that you received an unfair advantage ovex the other participants. Their allegation is based on the fact that Fire Chief Stan Gertz unknowingly loaned you a copy of one of the exam study books a week before all applicants were provided a list of the study materials. At the time you borrowed the book from Chief Gertz, the Chief was unaware that the book was part of the exam study material until this office posted the list a week later. The result being that you did in fact, for whatever reason, have the opportunity to study the material prior to any of the other examination participants. - Civil Service Rules and Regulations defines, in part, an adverse action as a"denial of fair aad equal consideration regarding a11 aspects of - employment" (see Rule 1, "Definition of Terms, page 1). If you gained an unfair advantage as outlined above, then the other participants did not en~oy "fair and equal consideration" regarding the study material involved. There were eight texts, one of which is the book in question, from which all of the test questions were developed. A complete set of these books was ordered by the Fire Department and were placed in the Library at City Hall for applicants to study in preparation for the exam. These books could not be checked out. They were for reference only and applicants had to go to the Library to study the material. The fact that you had in your possession one of the study books all day, every day, for a period of a week further indicates that the other applicants did not receive "fair and equal consideration" regarding the availability of this book for their study. (817) 281-0041/7301 N.E. LOOP 820/P.O. BOX 18609/NORTH RICHLAND HILLS, TX 76118 Page Two Based on the circumstances and facts stated above, I have disqualified your test score and you will not be eligible for appointment to the position for which the,test was administered. You have the right to appeal this decision to the Civil Service Commissi.on within (10) days from the receipt of this written notice of disqualification. In the event you do not appeal this decision, my office will conduct another written examination to fill the remaining Fire Lieutenant position for which you will be eligible to participate. ~ Ron McKinney ~ 1 ~ V c~~ owledge itece pt Date RM/gP 10/6i86 FIRE LIEUTENANT WRITTEN EXAMINATION RESULTS NAME RESULTS *Hickman, Duane 115 Killion, 3erry . 109 Failed: Niblett, J.R. Beardsley, Robert Hopkins, Joe Spradling, Charles Ladd, Thomas Rawson, Michael Wood, James Cloud, Ken Bray, Dean Rice, Billy Smith, M.R. Faulkner, Randy Barton, Michael Haynes, Danny Rice, Russell Gannon, Dan Kouns, John Smith, J.G. 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