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HomeMy WebLinkAboutCIV 1982-11-04 Minutes ` MINUTES FOR THE REGULAR MEETING OF THE CIVIL SERVICE COM'MTSSION NOVEMBER 4, 1982 AT 7:00 P.M. IN THE NORTH RICHLAND HILLS CITY HALL 7301 NORTHEAST LOOP 820 l. CALL TO ORDER The Chairman called the meeting to order at 7;05 ~.M. 2. ROLL CALL Members Present: Ed Szol Chairman Bob Skelton George Pederson David Phelps Others Present: Ron McKinney Civil Service Secretary Corporal Bob Dunlop Police Department Absent: Bob Roark Commission Member Dick Fisher Councilman 3. APPROVAL OF MINUTES There was not a quorum of inembers who were present at OF SEPTEMBER 22, 1982 the previous meeting to approve the minutes. 4. REQUEST FOR REVIEW The Civil Service Secretary stated Corporal Dunlop is OF ELIGIBILITY requesting that the Commission review their previous REQUIREMENTS FOR decision regarding eligibility requirements for promotion, PROMOTIONS He stated that the recent promotion of a P.O. III to a Sergeant prompted this request. Corporal Bob Dunlop came forward. He stated that at one time an individual had to be off of probation to be eligible for promotion. He stated that an officer who is still on probation has been promoted from a P.O. II to a P.O. III and is supervising six to eight officers on the street who are not on probation. He stated in the past the question has come up that when you are promoted you also are on probation for a certain period of time. He asked the Commission if it was possible to have some set concrete guidelines to go by on probation. Chairman Szol stated the situation the Commission has run into in the past is the Rules call for at least three candidates and when there are less than three the question is who to open it up to. The Chairman stated the Commission has kicked this around a number of times and has determined the most fair thing to do was to open it up to everyone. Cpl. Dunlop stated he felt by all rights it should be open to the next lower level off of probation. He stated there were eight officers off of probation and two who were not. He stated that it is the idea that a probationary officer with less than a year with the City is supervising officers on the streets who are off of probation and are more familiar with the City's rules and procedures. CIVIL SERVICE MINUTES November 4, 1982 Page 2 Chairman Szol read Article XVII, Section 14A of the Charter which discusses the method of filling vacanc~es by promotion. ~ He stated that "all employees" would include probationary employees. He stated there is nothing in the probationary section that precludes them. Cpl. Dunlop stated that the probationary period is there but yet it isn't. Chairman Szol stated the probationary period gives the City a period of time to evaluate that individual and discharge him without him having any recourse. There was a general discussion regarding the probationary period. Cpl. Dunlop stated a probationary employee is in a supervisory position and is not even sure in a year's time if he will still be with the City. Chairman Szol stated he was assuming on the basis of the examination process that the individual went through, that he apparently had the best skills and qualifications for the job. Cpl. Dunlop said his question was there is a twelve month probationary period, yet the Charter says that an individual must have twenty-four months in time and grade for promotion and if there aren't enough eligible it has to be open to everyone. Chairman Szol stated there has to be three people who have two years in time and grade, and if there are less than three then all employees in such classification are eligible to take the examination. Cpl. Dunlop stated the reason he came was to get a clari- fication. He stated that by all rights it should say those off of probation. Chairman Szol stated it might should say that, but if a grievance was filed and the Commission had to interpret the Rules, the Commission would be hard-pressed because nothing says a probationary employee is not eligible. Commissioner Pederson stated that it might should be worded that way, but it can only be taken care of through a change in the Charter. Chairman Szol stated the only thing the Commission can do is interpret something that is not clear. He stated that when it is clear the Commission can not say how it should ~ CIVIL SERVICE MINUTES November 4, 1982 P~ge 3 be read to mean. The Chairman stated that an individual can be on probation and still be promoted under certain circumstances, i.e. when there are not enough eligible ~ people. He stated the only thing the probation section covers is the City has the right to terminate an individual during that period. Commissioner Pederson stated the Commission has also set out guidelines as to when a probationary employee should be reviewed and it is hoped that an unsatisfactory employee would not be eligible for promotion. Cpl. Dunlop stated that in past years an employee who received a promotion was also put on probation. Chairman Szol stated that all the Charter says is that a person who has received appointment to any department here- under shall serve a probationary period for twelve months. The Chairman stated if an individual was on probation and was promoted, he was assuming that during that twelve month period the individual wouldn't be fired, but would be demoted to a lower grade if it didn't work out. Cpl. Dunlop asked if that meant within a department or does it also pertain to certain divisions within a department. He stated the Police Department has a man who went from Patrol to CID and back to Patrol in a four month period. He stated he could understand a P.O. II being promoted to a P.O. III. He said the P.O. III position was established so a lateral tran~fer could be done from Patrol to CID. He said in the past four filling of vacancies in CID an Oral Review Board was held before a decision was made as to who would go into CID. Mr. McKinney stated that if the Commander of CID has a vacancy he has the right to interview those four Corporals to find out which of those four he would want to request to transfer. Cpl. Dunlop stated it was not being done by seniority. Commissioner Skelton stated that the Commander wants the man most qualified for the ~ob. Cpl. Dunlop asked what gave them the right to hold an Oral Review Board; there is nothing written down. Mr. McKinney stated it was not an Oral Review Board; nothing was turned in to Personnel and no scores were given. There was a discussion regarding the Detective's and Corporal's test. Cpl. Dunlop asked why there were separate tests for the same classification. He stated he thought the P.O. III position was created so there could be a lateral transfer. CIVIL SERVICE MINUTES - ~ovember 4, 1982 Page 4 Mr. McKinney explained there were two tests because the ` job duties are different. He stated that the Department has the right to place their people for the betterment of the department. He stated that if there is a vacancy there will be a promotion somewhere down the line. Mrs. Bob Dunlop asked about the people who have tried several times to transfer to CID and have never made it. Mr. McKinney stated that it is a departmental thing and the Commission cannot answer for the department. Cpl. Dunlop asked what was the purpose of seniority. Chairman Szol stated seniority is used for a lot of things, i.e. lay offs, vacations~ workshifts, etc. He stated that because an individual has been here for ten years doesn't mean he is the best qualified person for the job. Cpl. Dunlop asked why seniority shouldn't come into play on a lateral transfer. He explained he has tried four times in less than a year to make a lateral transfer. He stated he went to the first Oral Review Board and was told "nobody is more qualified, it is just that someone else has more seniority." He stated that when that man went back to the streets they pulled somebody else in who had less time than he. He stated this has been done to him several times. He stated that four people who had no more experience than he were transferred~ Chairman Szol stated that if he was the individual wanting to transfer, he would approach his superior and find out what he needed to do to improve himself to be better qualified for a CID position. The Commission discussed filling vacancies by promotion and lateral transfer. Chairman Szol asked Cpl. Dunlop if he felt there were any situations where they manipulated to fill a vacancy with someone from a lower grade. Commissioner Phelps stated that if for example there was a detective vacancy and there were four Corporals in patrol, but the Commander wanted someone who was a P.O. II so he excluded the Corporals and gave a promotional examination. Mr. McKinney stated the Department Head has the ultimate responsibility to run his department and if that practice did occur it would become obvious. Cpl. Dunlop stated there was a P.O. II who was promoted, worked on the streets for four weeks, was transferred to CID and then promoted to Sergeant. CIVIL SERV~CE MINUTES ~ Navember 4 1982 Page 5 Commissioner Skelton stated there is nothing that says he can or cannot make those changes when he goes through the proper steps. The Commission discussed a P.O. III being given the opportunity to take the detective test along with the P.O. II's. Chairman Szol stated that if the Commission took that prerogrative then they would have to allow anybody in a higher grade to have the same opportunity~ Mr. McKinney stated that the Department Head could develop an internal examination as opposed to a personal interview to determine which of the corporals he would want to request to transfer. Cpl. Dunlop stated all he wanted was to get the Commission's feelings on the situation and to straighten it out in his own mind. Chairman Szol stated that a lateral transfer is up to the Department Head's discretion. 5. REQUEST TO RECONSIDER Mr. McKinney stated that this item had been withdrawn MAXIMUM SALARIES FOR from the agenda. PAY GRADES 1-4. 6. ADJOURNMENT The Chairman ad~aurned the meeting at 8:40 P.M. ~ Ed Szol - Cha' an Ron cKinney Civil Service Secretary ~