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HomeMy WebLinkAboutCIV 1980-11-03 MinutesCIVIL SERVICE COMMISSION CITY OF NORTH RICHLAND HILLS, TEXAS NOVEMBER 3, 1980 COMMISSION MEMBERS PRESENT Bob L. Henderson, Chairman Bill J. Betts, Vice Chairman Jim E. Ramsey Helen Cline, Civil Service Secretary OTHERS PRESENT John Burpo, Counsel for Appellants Rex McEntire, Counsel for the City of North Richland Hills PRESS Linda Johnson, Fort Worth Star Telegram Chairman Bob Henderson opened the Grievance Hearings Numbers CS -80 -4 through CS- 80 -17. He asked Counsel for the Appellants to make the opening statements. Mr. Burpo stated that he planned to establish that there were no competitive examinations given for the new positions which were created by the Ordinance No. 836. He said that the City Charter, Section 8 and Section 14G requires that all classifications within the City be filled by a competitive exam except for heads of the departments. We would argue that the four positions are not Department Heads, that the City has engaged in a flimflam charade. The Charter is a little vague on who has the authority to establish positions. It is fine to set up heads of divisions, but the positions should be filled by competitive exams. This Commission has the authority to order competitive examinations for those four Deputy Chiefs. REX McENTIRE: With the approval of this Commission the City Council adopted Ordinance No. 836 and the following departments, it also dealt with financial planning, office management. We can stipulate these were not given exams for any of these. The reason being this particular ordinance is a "no facts ". It should be a case for the Courts. MR. BURPO: We believe we can establish by testimony that these four are not department heads. MR. HENDERSON: Referred to Rule 12.03c and assured Mr. Burpo that if he or any one person was selected to speak for all of the aggrieved personnel, that this Commission would not construe such action as being any "class" action. He emphasized that we wish to conserve time by avoiding repetitious testimony. Mr. Henderson asked all the witnesses to stand while being sworn in. WITNESSES: C.W. Williams, R.E. "Jack" Long, Mike Chenault, November 3, 1980 Page 2 Ron McKinney, John Lynn, Randy Shiflet. Mr. Burpo then asked to invoke the Rule. All witnesses except C. W. Williams were excused from the room. Rex McEntire asked to keep him in the room to represent the City. FIRST WITNESS: Mike Chenault is employed by the City of North Richland Hills as Chief of the Uniform Division. He stated that he supervises all uniform personnel, makes decisions relating to discipline and manpower. He said he makes the final decisions. MR. BURPO: Is there a Police Chief? MIKE CHENAULT: There is a Police Chief. He coordinates with the City Manager. MR. BURPO: Who supervises your daily activities? MIKE CHENAULT: The City Manager. MR. BURPO: Does the Chief dictate to your daily activities? MIKE CHENAULT: No. MR. BURPO: Does the City have an organizational chart? MIKE CHENAULT: Yes. MR. BURPO: Is this a copy of the organizational chart? (Witness is handed a copy and examines it.) MR. HENDERSON: Is this the same as we have in our file? MIKE CHENAULT: It appears to be the same. MR. BURPO: Does the organizational chart depict lines of authority? MIKE CHENAULT: Yes. MR. BURPO: When did you talk with the Chief of Police? MIKE CHENAULT: Sometime last week. MR. BURPO: What did you talk with him about? When was the last time you talked with the City Manager? MIKE CHENAULT: A week ago. He suggested I look into a program with the FBI for protection of our City. MR. BURPO: A coordinator, a message carrier - - Does he have any authority over you? MIKE CHENAULT: No, he does not. MR. BURPO: You are responsible for the patrol officers and not the Chief of Police? The Police Chief does not make any decisions regarding those things? MIKE CHENAULT: No, he does not. He gives advice. MR. BURPO: Do you have power regarding suspensions? You can order a man be suspended? MIKE CHENAULT: Yes. MR. BURPO: If you thought a man should be suspended and the Police Chief disagreed with you, would the Police Chief's opinion have any impact? A BRIEF RECESS WAS CALLED BY MR. BURPO. MR. BURPO: Did not Officer Noble receive a 15 -day suspension recently? Why did he (Long) sign the suspension papers? MR. RAMSEY: Who hired you? Who would fire you? MIKE CHENAULT: The City Manager. November 3, 1980 Page 3 MR. HENDERSON: Tell us some of your duties. I discuss action on people I work with. I still function as a Police Officer. I do not sit behind a desk all day. I talk with my men about their personal problems. Some are in the process of divorce now. I discuss salaries. MR. HENDERSON: Did you hire people in your Sergeant position? MIKE CHENAULT: No. MR. HENDERSON: Can you now fire people? MIKE CHENAULT: Yes. SECOND WITNESS :..Rodney R. McKinney is employed by the City of North Richland Hills as Chief of the Department of Administrative Services. MR. BURPO: Was there an occasion when Chief Long left the City and put you in charge? RON McKINNEY: No. He has not told me at any specific time to take command. MR. BURPO: Has he asked any others to take charge? MR. HENDERSON: How would this "any others" bear on this? MR. BURPO: I don't know. MR. BURPO: Your testimony is the same as Chenault's. Have you not discussed your testimony with others? Where did you get the word "coordinator "? RON McKINNEY: It's as I understand what the duties are. MR. BURPO: What are the duties of the Chief of Police? MR. HENDERSON: What is the purpose of this questioning? MR. BURPO: I want to find out if the Chief is head of the department. Who is your boss? RON McKINNEY: The City Manager, Chuck Williams. MR. BURPO: The Police Chief is not your boss? RON McKINNEY: He is not my boss. THIRD WITNESS: Randy Shiflet is employed by the City of North Richland Hills as Chief of the Central Services Division. Records and Communications. MR. BURPO: Do you talk to the Chief on a day -to -day basis? Does he tell you what to do and what not to do? Do you talk to the Chief of Police more than the City Manager? MR. BURPO: What does the Chief of Police do? RANDY SHIFLET: He's a coordinator. MR. BURPO: Is this your idea of whathe is? RANDY SHIFLET: Yes, sir. MR. BURPO: What do you now do that is different from your previous position? RANDY SHIFLET: I am responsible to suspend and discipline. All my people are Civil Service-persons. MR. BETTS: Do you have an office? RANDY SHIFLET: Yes. MR. HENDERSON: In a matter of discipline, who would you go to? RANDY SHIFLET: Either one, the Chief or the City Manager, whoever is available. November 3, 1980 -- Page 4 MR. BETTS: Who do you get your directions from? RANDY SHIFLET: The Chief of Police. MR. BURPO: Can he fire you? Can he discipline you? FOURTH WITNESS: John Lynn is employed by the City of North Richland Hills as Deputy Chief of Criminal Investigation. MR. BURPO: Who is your supervisor? JOHN LYNN: The City Manager. MR. BURPO: What is the Police Chief's role in North Richland Hills today? JOHN LYNN: He coordinates the four departments. REX McENTIRE: Did you understand when you were appointed that you were in charge of your department. You are not a flunky, Deputy or - -- JOHN LYNN: I can select personnel, suspend and I prepare the budget. MR. RAMSEY: Can you discuss problems with the City Manager and be totally comfortable without discussing it with Chief Long? JOHN LYNN: Yes. FIFTH WITNESS: Riley E. "Jack" Long is employed by the City of North Richland Hills as Chief of Police. MR. BURPO: Describe your duties in a general sense. JACK LONG: I coordinate expenditures, activities of the four assigned by the City Manager. MR. BURPO: This is the fifth time we have heard the word "coordinator ". JACK LONG: You used the word Deputy Chief. MR. BURPO: You administrate police work, is that correct? JACK LONG: Negative. MR. BURPO: Did you take some disciplinary action on Noble? Did you sign the paperwork? JACK LONG: The assistant was busy. May I answer the question, sir? I took the authority to assist. Chenault had several things going. MR. BURPO: The Chiefs have evaluations. Do you have the responsibility and authority regarding the performance evaluations? You signed them. JACK LONG: I stated that. MR. BURPO: Do you have the responsibility for performance evaluations? JACK LONG: I don't know exactly what you are getting at. MR. BURPO: You sign the hiring form, disciplinary forms, and evaluations. JACK LONG: I do not hire. I sign the pay forms. MR. BURPO: There were three promotions recently. JACK LONG: I signed, but sent them to the City Manager for approval. MR. BURPO: So you do have authority to disagree with promotions. JACK LONG: Negative. I take it to the City Manager who has the November 3, 1980 Page 5 authority. MR. BURPO: Have you discussed with your people regarding the 4 -day workweek? You are developing it? JACK LONG: No. I will get all the information. MR. BETTS: Who was appointed first, you or the department heads? JACK [ONG: I�was told the:department - head -s. MR. BETTS: Have you had any prior experience? JACK LONG: I have an Associate's Degree in Mid- Management. I hold certificates for Firefighter and Police Officer. MR. BETTS: Do you feel you have performed in this function and saved the City and tax payers money? JACK LONG: Considering how many handed out grievance forms and how many turned in the forms and how many have withdrawn, yes. MR. RAMSEY: With this open door to the City Manager, do you have any problems with this? JACK LONG: No. They communicate both ways. MR. RAMSEY: Do you have any problem with these other Chiefs going to the City Manager? JACK LONG: It does not bother me now. MR. RAMSEY: How would you handle problems in other Chief's departments? JACK LONG: I would bring it to the City Manager with myself and the other department head. MR. RAMSEY: - - - -- you issue a reprimand or order it will not be done that way - - - - -- MR. HENDERSON: How many do you have under your supervision? JACK LONG: None, now. All the mail comes to me. I do not review their paperwork. MR. BURPO: Back in the summer there was an effort to change the City Charter. Would it have allowed the department heads to appoint persons under them? JACK LONG: I do not know. SIXTH WITNESS: Charles W. Williams is employed with the City of North Richland Hills as City Manager. MR. BURPO: Back in August there was a referendum to change the City Charter. Was this an attempt to allow department heads to appoint persons under them? C.W. WILLIAMS: It was an attempt to change the whole City Charter. No, sir. Not to my knowledge. MR. BURPO: Pass the witness. REX McENTIRE: We submit a copy of the City Charter and Ordinance No. 836 as the City's Exhibits 1 and 2 - the entire Charter. We rest. November 3, 1980 Page 6 MR. BURPO: Comments: The City's actions constitute a fraud upon the Civil Service System. The City tried to do in a very unsubtle way -- to get around these laws. These four are not department heads. That is the issue. According to Sections 8 and 14g of the City Charter we have a management system. Mr. Long testifies he has no authority, but is supervising, directing all employees in the Police Department. What the system says is that a department head is appointed. The common usage is that there be one department head. It defies departments 1, 2, 3, and 4 within a department. This is the only city in America that has established suvh a ludicrous system. They are division heads. They have changed the names around so the City Manager can control those people. Instead you should have him go out and change the Charter. We ask that this Commission should have those people take competitive examinations. All you would be doing is upholding the Charter. REX McENTIRE: Comments: The Charter says, the department head in Section 1 under Department, Article 7 gives the City Council the right to create, abolish or consolidate. We used these very careful words. These are supervisory personnel and are not Civil Service. We have gone by the Charter and the ordinance has tracked every word we could find of the Charter to decentralize the controls. This is a new concept. It does place the Chief under the City Manager's control. The thing has just barely gotten going. These four Chiefs, they hire, fire, and go to the City Manager. What they are doing is not a sham. We created new departments. This ordinance will be augmented to fit the Charter. It is not a function of this Commission to call this ordinance unconstitutional. MR. HENDERSON: This hearing is closed for deliberations. (7:27 p.m.) REX McENTIRE: The next two matters have not been initiated. Both the Rules and the Charter define what salary means. MR. HENDERSON: The meeting was brought,to order. The Civil Service Commission read their decision as follows: It is the decision of the Civil Service Commission of the City of North Richland Hills, Texas in the above case that in the opinion at this time of this Commission after reading and reviewing the Charter, that we have reached an opinion that this Commission has no authority to overturn, circumvent any ordinance �- November 3, 1980 Page 7 established by the City. We refer to Article 6, Section 3, Item 2; Article 7, Section 1; Article 17, Section 5b under Responsibilities. "Shall maintain at all times the proper relationship to the Council and acknowledge that the Commission's function is limited to conducting a program approved by the Council." Mr. Henderson stated that he entered this motion that it be accepted. Mr. Ramsey seconded the motion. By a roll call vote each of the Commissioners voted in favor of the motion. THIS HEARING PERTAINING TO THE ISSUE OF COMPETITIVE EXAMINATIONS WAS CLOSED. The Commission's decision was typed and signed by Mr. Burpo and a copy was sent to each of the grieving persons. CS -80 -12 through 17 was discussed. MR. BURPO: Because he now understands that the proficiency plan is not in effect, Mr. Burpo stated that all grievants will withdraw their grievances at this time. MR. BETTS: Just for the record, are they all here and in agreement? They nodded in the affirmative. MR. BURPO: We do not waive the right to file a grievance if the plan is put into effect at a later date. CS -80 -4 through 9 was discussed. MR. BURPO: The Civil Service may not have jurisdiction; we do need to take that step though. MR. HENDERSON: What is the contention with regard to the cost of living? MR. BETTS: Section 27 of Article 17 in the Charter and Rule 5.08 tells how salary increases and cost of living should be applied. Mr. Chairman, we do have the jurisdiction. It clearly states that the cost of living increases shall be applied as the percent of change of the recognized cost of living index (See 5.04) since the same period of the previous year, times the approved base salary rate for each classification. MR. HENDERSON: We hear this case. MR. BURPO: (requested a brief recess) Upon reconvening Mr. Burpo asked the Commission for a continuance of this last hearing. MR. HENDERSON: Please limit your continuance to three weeks. November 3, 1980 Page 8 MR. HENDERSON: I make a motion to adjourn this hearing at approximately 8:25 p.m. Mr. Betts seconded the motion. The motion carried by unanimous vote. Bob L. Henderson, Chairma Bill J. Bettsce Chai an James E. Ramsey a� Helen ne, Civil Service Secretary