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HomeMy WebLinkAboutCIV 1981-10-20 Minutes MINUTES FOR THE REGULAR MEETING OF THE CIVIL SERVICE COMMISSION OCTOBER 20, 1981 AT 7:30 P.M. IN THE NORTH RICHLAND HILLS CITY HALL, ~ 7301 N.E. Loop 820 CALL TO ORDER Vice-Chairtnan Szol called the meeting to order at 7:30 P.M. ROLL CALL Members Present: Ed Szol Vice Chairman Bob Skelton David Casey Bob Roark David Phelps Others Present: Sharyl Groves Councilwoman Charles W. Williams City Manager Ron McKinney Civil Service Secretary Stan Gertz Fire Chief Johnny Howard Fire Marshal Pat Hughes Fire Lieutenant APPROVAL OF MINUTES Commissioner Skelton moved, secanded by Vice- FOR SEPTEMBER 8, 1981 Chairman Szol to approve the minutes of September 8, 1981 as written. The motion carried 2-0 with Commissioners Casey, Phelps and Roark abstaining since they were not present at the me e t ing . APPROVAL OF MINUTES Commissioner Skelton moved, seconded by Commissioner FOR APPEAL HEARING Szo1, to approve the minutes for the appeal hearing OF SEPTEMBER 15, 1981 of September 15, 1981 as written. The motion carried 2-0 with Commissioners Casey, Phelps, and Roark abstaining since they were not present at the meeting. ELECTION OF CIVIL Commissioner Casey nominated Ed Szol as Chairman SERVICE COMMISSION and Bob Skelton as Vice-Chairman. The motion CHAIRMAN AND VICE- was seconded by Commissioner Phelps. The motion CHAIRMAN carried unanimously. REQUEST TO RECONSTDER Lieutenant Pat Hughes came forward to.address the ELIGIBILITY REQUIRE- Commission. He stated he had a few questions MENTS FOR PROMOTIONAL concerning the eligibility requirements for the EXAMINATION: LT. PAT new Fire Investigator position that is being HUGHES, FIRE DEPT. opened up. He stated that he has been with the North Richland Hills Fire Department for 5~ years and classified as a Fire Lieutenant for 23 months. Lt. Hughes stated that he will be short one ~ ' CIVIL SERVICE MINUTES October 20, 1981 ~age 2 month to be eligible to test for the new position. He said when the test was held two years ago for Fire Investigator/Inspector he, along with everyone else in the Department, was eligible to take the test. Lt. Hughes said that he was not eligible to take the test now and he was wanting a chance to test for this position. Chairman Szol stated that this subject was raised during the Augtist 31, 1981 meeting, and at that time it was determined that the eligibility requirements had to be made in accordance with the Charter. The Chairman read Article XVII, Section 14, Paragraph A of the Charter. Lt. Hughes said that the Charter read the same two years ago and at that time he was eligible to take the test. He stated that not all of the individuals who are eligible to take the test are interested in the position, but they will take the test for the experience. Lt. Hughes said that in the Fire ~epartment once you make a lieutenant there are not many more opportunities for advancement. He said the onl,y oth.er positions above lieutenant, other than the Fire Investigator, are the Assistant Chief and Fire Chief positions. He said he felt the City would be better served if all lieutenants were eligible to test for the position. Commissioner Skelton asked Lt. Hughes why he was eligible two years ago. Mr. McKinney stated that according to the Charter Lt. Hughes was not eligible, but through some misinformation given out through the Civil Service office he was lead to believe he was. Lt. Hughes stated that the test two years ago was open to all of the lieutenants as well as the fire- fighters. He stated that thirty days was keeping him from doing something that he would like to do, and he was just asking the Commission for a chance to take the test. Commissioner Skelton stated that the Commission does not have the authority to make a decision that is contrary to the Charter. Lt. Hughes asked if the new position would be considered a promotion or just a different job classification. ~ ~ CIVIL SERVICE MINUTES October 20, 1981 ~age 3 ~ Mr. McKinney stated that when Chief Gertz came before the Comm.ission during the August 31 meeting with the request to classify the position under Civil Service, it was discussed where the position would fall. He said that during the discussion the remark was made that it would fall somewhere between that of a Lieutenant and Assistant Fire Chief which indicates that it would be a promotion. Chairman Szol asked Lt. Hughes if the other lieutenants who don't have two years experience should also be eligible to take the test. Lt. Hughes said yes. He said he felt like all of the lieutenants have the same background and could handle the job. He said he felt that it would be beneficial to the city and to the department to let as many in that classification as possible test. He sa~d the more people who take the test, the better chance the department has to get good people. Chairman Szol said the problem is that there is a two year limitation in the Charter and the Commission does not have the authority to change that. Lt. Hughes asked who had the authority two years ago to change it . Mr. McKinney stated that several things happened over the years that were not legal. Commissioner Skelton stated that this Commission cannot answer for something that took place years back. Mr. McKinney said if an individual who did not have the two years in as a Fire Lieutenant took and passed the test and one of the six who was really eligible for the position filed a grievance, then the grievance would come back to the Commission and the Commission would have to rule with the Charter. Mr. McKinney suggested that if there is a future charter election this portion of the Charter should be looked into. Commissioner Casey questioned the possibility of the position being a lateral transfer rather than a promotion. ~ ~ CIVIL SERVICE MINUTES October 20, 1981 Page 4 Chief Gertz came forward. He stated that this position requires additional training. He said the Fire Department sends the individual to school to become a police officer and then to another school to be an arson investigator. He suggested that a solution to Lt. Hughes problem m~ght be to set the test date. Commissioner Skelton suggested that the Commission postpone giving an answer until the other two factors are settled. Chairman Szol stated that as far as the issue, the Commission cannot change the two year requirement set forth in the Charter but that Lt. Hughes might fall within the confines of the Charter when the Commission sets the test date. Commissioner Skelton stated that Lt. Hughes request specifically is to reconsider the eligibility require- ments and the Commission does not have the authority to do that. Commissioner Skelton made a motion that the Commission not consider changing the eligibility requirements and abide by the Charter. The motion was seconded by Commissioner Casey. The motion carried unanimously. REQUEST TO APPROVE Chief Gertz stated that the position of Fire JOB DESCRIPTION FOR Investigator used to be an appointive position, FIRE INVESTIGATOR but it has now been plaeed back under Civil Service. He stated that the Fire Investigator must be a certified firefighter and there are certain require- ments he must meet to become certified. He stated that after the individual passes the Investigator's test he has one year to train and become certified as a police officer. He stated that there is then another year in which he must become a certified axson investigator. He stated that the individual must meet the requirements set forth by the State. Chief Gertz read parts of the job description and discussed it with the Commissioners. Commissioner Phelps stated that he was uncomfortable with the word "considerable" used in the paragraph that discusses the requirements of work. Chief Gertz explained that considerable means as much as you can contain in 16 volumes of books. He said the individual must be able to go to the volumes and find information. The Commission questioned Chief Gertz about different ~ sections of the job description. i ' CIVIL SERVICE MINUTES October 20, 1981 Page 5 Co~issioner Casey asked Chief Gertz who ifl th~ past performed the investigative service for the Fire Department. Chief Gertz stated that from time to time fire- fighters assume the position of a lieutenant and if they find what they believe to be arson they contact the Fire Marshal. He said right now the Fire Marshal and the Fire Chief have been doing the investigative work. Commissioner Cas~y asked who recommends the prose- cutions and who does the leg work. Chief Gertz stated that the Fire Marshal does both. The Commission discussed the school requirements and schedules. Chairman Szol asked if any of the Commissioners had any ob~ections to the ~ob description. Commissioner Phelps stated that in his opinion it would be difficult to give this job description to a person and have them know what the primary requirements are. He said also if there is ever " any litigation from an EEOC standpoint the city may as well not have the ~ob description. Commissioner Casey asked Lt. Hughes if he had read the job description and did he understand it. Lt. Hughes stated that he had just finished a course given by Tarrant County Arson Investigator on life city code changes, a volume of the NAP Fire Code, which is what the North Richland Hills Fire Department goes by for the City for fire safe buildings. He said eonsiderable knowledge would mean a working knowledge of those 16 volumes to find answers and ~nformation. Chairman Szol asked what if it were worded extensive working knowledge of muni.cipal ordinances. Lt. Hughes stated that in this line of work there is not a way to gage someone's knowledge; nothing is required other than attendance of classes. He said that most everyone in the Fire Department understands what is in the ~ob requirement. ~ ~ CIVIL SERVICE MINUTES October 20, 1981 Page 6 Chairman Szol stated that he did not have a problem with the ~ob description. Commissioner Phelps made a motion, seconded by Commissioner Casey, to approve the ~ob description for Fire Investigator as written. The motion carried unanimously. REQUEST TO APPROVE Commissioner Phelps asked if it was a standard test. WRITTEN PROMOTIONAL EXAM FOR FIRE INVESTI- Ron McKinney stated that the Fire Marshal put the GATOR AND ESTABLISA test together using various sources. TEST DATE Chief Gertz explained that the applicants would be rated on the last two semi-annual evaluations, the test, and seniority points which should give the Department the best suited individual. Conunissioner Skelton made a motion, seconded by Commissioner Phelps, to approve the test for Fire Tnvestigator. The motion carried unanimously. Ron McKinney explained that notice of the exam, date, time and a typed list of eligible employees must be posted ten days prior to the test date. Chie~ Gertz stated that he would like for the test date to be ten days from October 21, 1981. Commissianer Casey made a motion, seconded by Chairman Szol, to set the test date for Fire Investigator for November 2, 1981 at Z0:00 A.M. The motion carried unanimously. REQUEST TO RECOMMEND The Commission asked what the recommendation was SALARY FOR FIRE for the salary. INVESTIGATOR Chief Gertz stated that $1,750 was the salary set for the position before it became vacant approximately two months ago. Ron McKinney suggested taking the lieutenant's salary and adding ten percent to get $1,768.00 Commissioner Roark stated that by the time the man is tested and the position filled, another salary will have been set by the new pay plan. The Commission discussed postponing setting the salary. The Chairman tabled the item until the closed section of the meeting and stated that a decision would be made at that time. CIVIL SERVICE MINUTES October 20, 1981 Page 7 REQUEST TO APPROVE JOB Chairman Szol asked ~f the ~ob was already a DESCRIPTION FOR FIRE classified position. INSPECTOR Chief Gertz said it was a nonclassified position at one time but had since become classified. He explained that when the position came back under Civil Service it was filled and the man was absorbed with the position. The Commission discussed the ~ob description. Commissioner Phelps asked if the position was vacant in the future, would there be a test for it. Chief Gertz replied there would. Councilwoman Groves asked if the City had never had a description for a Fire Inspector before. Chief Gertz explained the previous job description was for a Fire Inspector/Investigator and that the positions had been split. Commissioner Skelton made a motion, seconded by CoBnnissioner Phelps, to approve the job description for Fire Inspector. The motion carried unanimously. RECOMMENDATION TO Ron McKinney stated that he felt the narrative in AMEND RULE 5.09e the salary adjustment amendment was fine with the CIVIL SERVICE RULES exception of the last paragraph. He explained & REGULATIONS that after one of the ~hree conditions for salary ad~ustment is met, the requisition has to be resubmitted to the Civil Service Commission for approval. He stated that the Civil Service Commission has already stated that one of the three steps must be met for approval so why should they have to approve it again. He suggested that the paragraph be amended to read: "The submittal must be fully documented by the Department Head and the requisition for increase or ad~ustment be approved by the City Manager." Chairman Szol said he had no problems with it personally. Councilwoman Groves asked if the City Council would also not approve it along with the City Manager. Mr. McKinney said it could be worded that way. ~ CIVIL SERVICE MINUTES October 20, 1981 Page 8 Charles Williams, City Manager, explained to the Commission that the Council sets aside a certain amount of money that each department is linked to. He stated that they were trying to put it back into the hands of the adminis~ration. He said if there is an individual who meets one of the requirements, why should it go back to Civil Service after the Department Head and City Manager have approved it. Chairman Szol said an individual department has '.:X" number of dollars to spead, what if the department head gives it all to one individual. Mr. Willimas said that was his function. Chairman Szol asked what the City Council's feelings were on this. Councilwoman Groves stated that it would have to go before the Council to be approved. Commissioner Skelton said that if the Commission makes the recommendation then the Council can overrule the Commission. Commissioner Skelton made a motion to approve the amending of Rule 5.09e as Mr. McKinney stated. Comm~ssioner Casey asked if the Commission has the authority to approve raises that are given by the department for merit. Commissioner Skelton stated that the Commission makes recommendations and the Council approves it. The City Manager stated that when the rules and regulations are rewritten and the new pay plan is established 5.09e may be totally redone. He explained that the merit increa.ses of 2% and 3% are the only way the Cfty now has to reward a valuable employee. Mr. McKinney stated that it would be a time-saving process if the requisition did not have to come back to the Commission for agproval. The Commission discussed and decided to also have the City Council apprave the adjustments. Commissioner Skelton withdrew his motion and moved to amend the last paragraph of 5.09 e to ` ~ CIVIL SERVICE MINUTES qctober 20, 1981 Page 9 read "The submittal must be fully documented by the Department Head and the requisition for increase or ad~ustment is forwarded for approval to the City Manager and City Council." Commissioner Phelps seconded the motion. The motion carried unanimously. RECOMMENDATION TO Mr. McKinney stated that Rule 12.04c was in regards AMEND RULE 12.04c, to the Commission and appeal hearings. He explained CIVIL SERVICES RULES the question had come up that after the Commission AND REGULATIONS has heard a case and offered their decision, whether the Commission sh~uld have the power to rescind ~r modify the penalty imposed by the Department head. He said the Charter says that the Commission can either made a decision for permanent or temporary suspension. He said how the Commission interprf~ts the Charter might mean if an employee is permanently or indefinitely suspended. He said management is sitting in the pos~tion that the Commission will consider either u~holding the disciplinary action or completely reinstating the employee. Chairman Szol asked what the Charter stated. Mr. McKinney read what the Charter said. Mr. McKinney said that the last paragraph of 12.04 could be amended to say uphold or rescind penalties rather than rescind or modify penalties. Chairman Szol said it would make the Commission's ~ob eas~er but in fairness to the employee would dictate that there might be something in between. Commissioner Phelps asked why Mr. McKinney was recommending that this be changed. Mr. McKinney stated that he was speaking on behalf of management. Commissioner Skelton asked the City Manager what the underlying feeling wa~ for_ the request for the change. Mr. Williams stated that it was originally under the Charter which has been updated so many ways. He stated the Charter takes precedence over the Rules and Regulations and the management was asking what the Civil Service Commission's interpretation of it was. He stated he was not sure the Rules and Regulations were saying the same thing as the Charter. The Commissioners discussed the interpretation of _ the Charter. Commissioner Skelton said he could understand CIVIL SERVICE MINiJTES October 2a, 1981 Fage 10 ~ where an appeal board would be expected to uphold or dissolve an issue. Chairman Szol said he could see management's position that the Commission uphold or rescind a penalty. He said it would make the Gommission's job easier, but from an equity standpoint he said he thought the Commission should keep that latitude. He said he felt that the City would be hurt more by it being ~ the other way. Mr. Williams stated that all management is wanting to know is what the Commission's interpretation is so they will have some guidelines to go by. ~ Mr. McKinney stated that the Rules and Regulations are too wordy and that there are a lot of discrepencies throughout. He explained that the rules would need to be redone in the near future with the help of the Commission and employees. He stated he was with- drawing the request and that maybe some of the problems can be cleared up when the Rules and Regulations are rewritten. ESTABLISHING DATE Commissioner Phelps moved, seconded by Commissioner OF APPEAL HEARING FOR Skelton, to set the date of the hearing for CS-81-2 November 3, 1981 at 7:30 P.m. The motion carried unanimously. DISCUSSION OF EMPLOYEE Chairman Szol closed the regular meeting at 9:25 P.M. CLASSIFICATION PLAN for discussion of employee classification plan and AND SALARIES (CLOSED salaries. MEETING AUTHORIZED BY STATE LAW DUE TO SUBJECT MATTER) ED SZOL, CHAI y on McKinney, Civil S ice Secretary ~