HomeMy WebLinkAboutCIV 1980-10-10 MinutesGRIEVANCE APPEAL HEARING
October 10, 1980 CS -80 -2, G. W. Williams
Chairman Bob Henderson called the meeting to order at
approximately 7:30 p.m. in the Council Chambers of the
City of North Richland Hills.
MEMBERS PRESENT
Bob L. Henderson, Chairman
Bill J. Betts, Vice Chairman
Helen Cline, Civil Service Secretary
OTHERS PRESENT
G. W. Williams, Plaintiff
John Burpo, Counsel for Plaintiff
WITNESSES
Mayor Dick Faram
Chuck Williams, City Manager
R. E. "Jack" Long, Acting Police Chief
Randy Shiflet
John Lynn
Ron McKinney
Jimmy Womack
-- John Kerr
ABSENT: Mike Chenault
Also present were news media personnel and others.
Chairman Bob Henderson reviewed the procedure for grievance
hearings and then asked for clarification from Mr. Burpo
regarding his understanding of Article XVII, Section 15 and
Ordinance 836.
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Mr. Burpo said he was familiar with reference but they hoped
to show that the positions of Deputy Chiefs were the same as
the former Lieutenant position but calling it a different
name. The new position of Deputy Chief is a way to get
around the Lieutenant position.
Chairman Bob Henderson stated that the Commission had no
authority over the new non - classified positions of Deputy
Chiefs.
Mr. Burpo stated the Commission does have the power to
sustain Section 16.
Rex McEntire asked to address that statement. He said this
was to be his main thrust, that it would have been okay if
G. W. had quoted the rest of that Section, "if the position
exists ".
October 10, 1980
Page 2
Mr. Burpo affirmed there was a Lieutenant position prior to
the passing of Ordinance 836. You do have the power to restore
him to his prior position. I will prove that the Deputy Chief
position is the same as Lieutenant.
Rex McEntire reminded him that there had been only one lieutenant
position. Which one would the Commission appoint him?
Vice Chairman Bill Betts assured Mr. Burpo that the Commission
has no jurisdiction over the four Deputy Chief positions.
Chairman Bob Henderson asked Mr. Burpo to show us how the Civil
Service Commission could restore him to a lieutenant position.
Rex McEntire agreed to let Mr. Burpo make his opening statement.
Chairman Bob Henderson asked all the subpoenaed witnesses to
stand and be sworn in. Rex McEntire asked for Jimmy Womack and
John Kerr to stand also and be sworn in. It was noted that
Mike Chenault was absent.
Mr. Burpo asked to "invoke the rule" of witnesses. All the
witnesses were asked to retire to an adjoining room and remain
there until called out. Rex McEntire asked to retain Chuck
Williams in the room.
Mr. Burpo mentioned there are several grievances before the
City. He said the City is taking a blind attitude towards them.
He said the real issue revolves around Section 15, (does the
rank of lieutenant still exist)? He also said the Sergeants
and Deputies are still doing the same duties. They asked that
G. W. Williams be restored to Deputy Chief.
Rex McEntire asked John Burpo if he was taking the position
that the four deputies are Civil Service positions. If we say
he is a deputy, it is an exercise in futility.
Mr. Burpo then called for a brief recess.
(THE HEARING RECESSED FOR A FEW MINUTES AND RECONVENED
AT APPROXIMATELY 8:35 P.M.)
Rex McEntire asked for a motion to the effect that the remedy
requested on the face of the grievance was not under the
Commission's jurisdiction. He said that any relief granted
would be void and meaningless.
Mr. Burpo asked that the Commission deny Mr. McEntire's
request for the motion.
October 10, 1980
Page 3
Chairman Bob Henderson asked for the motion. Vice Chairman
Bill Betts made a motion to follow Rex McEntire's advice.
This motion was seconded by Bob Henderson; motion carried
by unanimous vote.
Vice Chairman Bill Betts made a motion to adjourn the
hearing. Chairman Bob Henderson seconded the motion;
motion carried by unanimous vote. The Grievance Hearing
closed at approximately 8:40 p.m.
A copy of the Decision was made for the Plaintiff at this
time.
BOB L. HENDERSON, CHAIRMAN
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57e'n" line, Civi Service Secretary