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HomeMy WebLinkAboutCIV 1981-01-14 Minutes CIVIL SERVICE COMMISSION CITY OF NORTH RICHLAND HILLS JANUARY 14, 1981 SUMMARY Grievance Hearing, CS-80-18 was called to order at 6:40 p.m. in the City Council Chambers. Three Civil Service Commission members were present. Bob L. Henderson, Chairman Bill J. Betts, Vice Chairman Jim Ramsey City Attorneys Rex McEntire and Mr. Leach were present. Attorney Lyon was present to represent Robert Rebner, appellant. Others present were Robert Rebner, appe~lant; Helen Cline, Civil Service Secretary; a number of witnesses and citizens. The Press was also represented. ~ CALL TO ORDER: Chairman Bob Henderson called the hearing to order and immediately requested both lawyers to meet with the Commission for ten minutes in the Conference Room. Upon their return to the Council Chambers Chairman Bob Henderson read the statement which was the basis for the disciplinary action taken against Robert Rebner. Each witness was individually sworn in as he was called upon to testify. lst. WITNESS: Mike Chenault, employed as Chief of Uniform Patrol. Mr. Lyon questioned him on all points of his letter listing the violations used as the grounds for disciplinary action. Chief Chenault said he could only testify to items 3 and 4 of the letter. Chief Chenault testified that the four chiefs and Chief Jack Long held a meeting on November 13th. Chief Long said all shifts should be observed for violations of breaks. Chenault said he was Rebner's supervisor at that time. Rebner had been advised by Lieutenant Williams to observe the rules pertaining to breaks and lunch time. It was brought out that on the morning of November 13 Rebner was in Denny's Restaurant beyond the time he had called "in service" on his radio. Chief Chenault said Sergeant Rebner had left the streets unattended and was not giving proper supervision to his shift. He is responsible for Southey, Ochs, Honeycutt, and Murphy. Summary, Page 2 1-14-81 Chief Chenault said it was Chief Long who asked for sworn statements from other officers. Chief Long was the investigating officer for Rebner's actions. (Recess was called and again order was continued for the hearing.) Chief Chenault testified that officers had been given authorization to go home for lunch. Mr. Lyon asked Chief Chenault to tell how Rebner could not supervise his shift while sitting in his car in Haltom City. Chief Chenault said, "I could go home every day, listen to a radio and draw my pay." He (Rebner) did not notify anybody. Chairman Bob Henderson asked Mr. Lyon where would this line of questioning lead us. Also asked him to identify the documents he was handing the witness. Mr. Lyon asked for a definition of "out of service" and "out of city limits". Vice Chairman Bill Betts asked Mr. Lyon if this applied to Item 3 in the letter. (A brief recess was called for changing the tapes.) Chief Chenault was asked to identify his memo to Chief Jack Long. The date of December 2, 1980 was when Rebner was called into Chief Long's Office. He was told about the suspension and was asked to sign the letter that had been prepared. Mr. Lyon asked if Chenault was aware that only one car was in service while this departmental meeting was held. Chenault said this meeting was concerning business. Mr. Lyon asked why Chenault never went to Rebner and told him he needed to stop misusing his coffee breaks. Chenau]t said he had been advised before. He had been a supervisor for long enough. He knew. (Witness was passed to Rex McEntire.) He reviewed each of the charges. He asked how Chief Chenault knew that Sergean~ Rebner had gone to Haltom City with a woman. Chief Chenault said he kn~ew it by Rebner's statement. A statement had been also made by Donna Sutton. The Commissioners questioned the witness. Mr. Ramsey said, "once Rebner had signed the document which was for resignation or a reduction in rank, what purpose would this disciplinary action serve?" Chenault clarified _ the question by stating that Rebner was "considering" ` resignation. Chairman Bob Henderson said we are needing facts because a lot of this we are reading is not fact. Summary, Page 3 1-14-81 Vice Chairman Bill Betts inquired, "you did not talk to Rebner about this?" fVo, sir, there was a basis for it. Chief Long asked us to keep an eye on it. I wanted to check into it. When asked what necessitated Rebner's statement, Chief Chenault said he asked for it. REDIRECT: Mr. Lyon asked if this was a fishing trip. "You ordered Rebner to come in and make this statement?" "No." (A ten-minute recess was called.) ' The Commission resumed the hearing and questioned Chief Chenault with respect to the length of coffee breaks. (Witness was dismissed.) 2nd WITNESS: Officer Dennis Ochs. Officer Ochs was asked to identify the statement he had written at the instruction of Chief Long. Ochs testified it was general knowledge that Rebner was abusing breaks. He testified he was aware he could be suspended for abusing breaks.since it is in the manual. When asked if he was aware he could be demoted, Ochs replied, "I can't be demoted any farther." Could they take away your seniority rights? I don't know. Why, in the statement did you offer a personal statement? Because I felt Rebner has a lot of job knowledge and is very professional in what he does. Rex McEntire explained how they abuse the use of portable radios. Ochs said Rebner is the only officer who does it repeatedly for break times. Corporal Southey is your new supervisor. Does he abuse this radio? No. REDTRECT: Mr. Lyon asked if this abuse affects his supervision? The answer was "no". Rex McEntire said it is your opinion. The witness agreed. Over a period of time could you conclude or assume that you could get away with it? The Commission upheld an objection to this question. 3rd WITNESS: Chief Ron McKinney. McKinney testified he had made only one statement with regard to this matter. It was dated December 2nd. He testified that Chief Chenault called him at his home in the early morning houws and wanted him to witness Rebner being in Denny's at that time. He said Chenault had a paper with documented times with him. McKinney did observe Rebner inside Denny's; two of our marked vehicles were parked there. McKinney said he verified these officers violating coffee breaks and the times on the report were correct. Summary, Page 4 1-14-81 Being with the Police Department four and a half years, McKinney said it was not common knowledge to him that officers do abuse the coffee breaks. He said the department policy is that violations of any rules would be liable for disci~linary action. (Witness was passed to Rex McEntire.) Chief McKinney confirmed his knowledge of the time (4:23) when Sergeant Rebner was in Denny's. REDIRECT: Mr. Lyon asked whether McKinney had ever disciplined anyone in the department. McKinney said, "yes." Mr. Lyon asked if he had ever had anyone leave the City and not inform the dispatcher or let anybody know, he said, "no". (Witness was excused.) 4th WITNESS: Chief Riley E. "Jack" Long. Mr. Lyon inquired as to who is responsib]e for conducting the investigation. Chief Long said he conducted it, believing there was sufficient grounds for an investigation. On December 2nd he came to the conclusion that Rebner's actions constituted a violation. Chief Long said he tal~ked to Chief Chenault about 15 to 20 minutes on December 2nd. Chenault told Chief Long there were cars at Denny's and there was a pursuit. Chenault ~ wanted to know if the town was being adequately protected. Chief Jack Long said no one objected to giving written statements; no one asked why they were needed. Chief Long explained how an investigation came about. He said back in the City's budget sessions complaints were received. Chief Long said it was around November 12 or 13 when he suspected Rebner of abusing break times. Commission Chairman Bob Henderson asked to see Long's written statement from which he was answering the questions. (Chairman Henderson complained that we were not furnished any of these documents prior to the hearing.) Chief Long answered questions regarding the times Rebner checked out of service for coffee break and when he checked back in. Looking at the letter of December 5, item 1, Long said it was Rebner's duty to ascertain there were no more than two cars out of service. Long stated that Rebner "has it" as a police officer but not as a supervisor. Long said they held three department meetings; in August, October and December. He added that the "it" is we have responsibility and responsibility to the City's protection. Chief Long said Rebner knew his violations. (Witness was dismissed.) " 5th WITNESS: Corporal Bruce Southey. Mr. Lyon asked if Rebner was his supervisor. Corporal Southey answered, "yes". What was your opinion of his supervisory capabilities? "I had no ~ Summary, page 5 ~-14-8~ problem working with him." Do you lack respect in him? "No." When asked whether he discussed his testimony before he came into the room, Corporal Southey said he asked Rex McEntire if he had to answer certain questions. He also talked with Bob and Chuck. Chairman Bob Henderson instructed the lawyer to direct his questions to the witness for his opinion only and not to opinion of fellow workers. (Witness was excused.) 6th WITNESS: Officer Gary Honeycutt. Officer Honeycutt testified he had worked seven months under Rebner's supervision. (Witness was excused.) 7th WITNESS: Officer Pat Murphy, employed with the City over two years, testified he had worked under Rebner's supervision about a year and a half. With respect to the pursuit occasion Murp~ay said he called off all backup units. He said he trusted Sergeant Rebner as a supervisor. Mr. Lyon asked Officer Murphy if he was told he had to make that written statement concerning Rebner. He said, "no". (Witness was passed to Rex McEntire.) Rex McEntire inquired if Officer Murphy recalled on December 2nd arriving at Denny's around 4:00 a.m. Officer Murphy said Rebner was there about 50 minutes. He agreed that he and Rebner had taken long coffee breaks at other times. REDIRECT: Officer Murphy agreed with the attorney that the tape in the dispatch doesn't reflect everything. He said he recalled discussing the "tie" question at Denny's. (Witness was excused.) 8th WITNESS: G. W. Williams, presently classified as a patrol sergeant, was police Chief for eleven months. Sergeant 6dilliams said he was never directly responsible for supervision of Rebner, however, Rebner was in the ranks. Sergeant Williams stated that Rebner has been a competent supervisor. He testified further that these violations had been going on since we had a Police Department to some degree. As a supervisor and Chief, Williams said he had advised his people all along regarding violations. Mr. Lyon handed the witness two pages from departmental rules and asked him to read. The punishment for violations is one day without pay. Someone pointed out the rules he read were old rules prior to our Civil Service Rules. (Witness was dismissed.) Summary, Page 6 1-14-81 9th WITNESS: Robert Rebner, employee by the City Police Department since December of 1976, has been a Sergeant for two years and four months. Mr. Lyon asked him to explain the circumstances of when he accompanied the female home. Officer Rebner said he followed her in her car because she was heavily medicated. The location was in Haltom City where Belknap becomes 183. Rebner stated he had his radio on all this time and believed he could have responded at any time. He did respond to Officer Murphy for backup on the pursuit. Rebner does not believe he has been incompetent in his duties. (Witness was passed to Rex McEntire.) Rex McEntire asked Rebner why he spent such a long time at Denny's Restaurant. Officer Rebner said they were discussing a trial tie policy. (Witness was excused.) lOth WITNESS: Chief Randy Shiflet said he monitors the police radio frequently. On Thanksgiving morning between 3:00 a.m. and 4:00 a.m. he had a record of radio conversation. Chief Shiflet testified there is a different sound when Rebner talked from a portable radio as compared to the sound of his car radio. Chief Shiflet said he believed - Chief Chenault had access to all this information. (Witness was excused.) MR. LYON: To summarize his case Mr. Lyon stated that he did not believe the letter given to Rebner adequately defined the rules and regulations that were violated. He said item 3 was in Rebner's discretion and no authorization was necessary. He noted that other Chiefs have failed to give adequate warnings for abuse. Rebner has been there for two years and all say he is a good supervisor. He asked, "what is fair and just to a man with two years in the City to protect you and the citizens?" MR. McENTIRE: Rex McEntire summarized by citing the Charter and the Civil Service Rule 11.02. He said we must look at his judgement in this incident. Should we let him go or salvage and train him? DELIBERATIONS: The Commission closed the hearing for deliberations at 1:30 a.m. At approximately 2:20 a.m. the three Civil Service Commissioners returned to the hearing and announced their decision. DECISION: We, the Civil Service Commission of the City of North Richland Hills, feel that Robert Rebner should be reinstated ~ to the rank of Sergeant with back pay, but be penalized 10 days without pay. Our decision is based on Article XVII, Section 16 of the City Charter. The majority of ~ Summary, Page 7 1-14-81 this Cor~nission believe that the penalty inflicted upon Mr. Rebner is too severe in nature to substantuate the allegations set forth in the disciplinary letter. Chairman Bob Henderson said they had rendered long and hard on this decision. The decision was read aloud and a roll call vote was taken as follows. Mr. Bill Betts, "agree". Mr. Bob Henderson, "agree". Mr. Jim Ramsey, "disagree". ADJOURNMENT: Vice Chairman Bill Betts made a motion to adjourn. Mr. Jim Ramsey seconded the motion; the meeting was adjourned at approximately 2:30 a.m. Bill J. Be s, Vice Ch irman BOB L. HENDERSON, CHAIRMAN ~ ~ en Cline, Civil Service Secretary ~ CIVIL SERVICE COMMISSION DECISION ON JANUARY 14, 1981 WITH REGARD TO CS-80-18, ROBERT REBNER: We, the Civil Service Commission of the City of North Richland Hills, feel that Robert Rebner should be reinstated to the rank of Sergeant with back pay, but be penalized 10 days without pay. Our decision is based on Article XVII, Section 16 of the City Charter. The majority of this Commission believe that the penalty inflicted upon Mr.. Rebner is too severe in nature to substantuate the allegations set forth in the disciplinary letter. SIGNED BY: Bob L. Henderson, Chairman Bill J. Betts, Vice Chairman James E. Ramsey ~