HomeMy WebLinkAboutCIV 1980-06-30 Minutes CIVIL SERVICE COMMISSION
CITY OF NORTH RICHLAND HILLS
JUNE 30, 1980
GRIEVANCE APPEAL HEARING, CS-80-1
Grievance Appeal Hearing for Arthur Kutcher was held in Room 100
of the City Hall Building.
COMMISSTON MEMBERS PRESENT
Bob L. Henderson, Cahirman
Bill J. Betts, Vice Chairman
Helen Cline, Civil Service Secretary
OTHERS PRESENT
James McCracken
Pete Pistole
WITNESSES:
Allen Bronstad
Arthur Kutcher, Plaintiff
Kent Williams
Noah B. Pond
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Chairman Bob Henderson called the hearing to order at 7:00 p.m.
The grievance procedure was read into the record. The appeal form
which was filed by Arthur Kutcher was also read aloud.
Chairman Bob Henderson asked all the witnesses to stand and be sworn in.
He then asked Arthur Kutcher to proceed with whatever he wished to say
to the Co~anission about the accident and the 3-day suspension.
Art Kutcher, Public Works Maintenance Worker II, in the Traffic '
Control Sect~on, stated he had hit the other vehicle while backing out
of his parking place. This was on Monday. Then on Tuesday he received
the memo suspending him for three days without pay. He said he was
never informed about the policy and no one came to him and asked him
. an~thing about the accident or discussed it with him prior to the memo.
Allen Bronstad, D~rector of Utilities who was recently assigned the
supervision of Public Works Maintenance people, stated it is the policy
of the Public Works Department to give a 3-day suspension any time an
employee has an accjdent involving a City vehicle. He said the driver
of the City vehicle is automatically considered to be at fault.
Noah B. Pond, Policeman who wrote up the accident report, stated the
"other" car was legally parked. He said it was unsafe conditions for
backing the City vehicle out. They were parked in a small area and
there were no lines marking off parking spaces. The "other" car was
a small car of some kind.
(A portion of Officer Pond's statement was made out of range of the
microphone.)
Appeal Hear~ng
Page 2
Chairman Henderson asked Mr. Bronstad how long this suspension policy
had been in effect. Mr. Bronstad said about 6 or 7 months.
Chairman Bob Henderson asked how many such 3-day suspensions had been
made. Mr. Bronstad said 5 had been made in that length of time.
Kent Williams, Public Works Maintenance Worker I in Traffic Control
said he was with Art Kutcher when the accident happened. He said he
looked up the street for oncoming traffic on Rufe Snow and did not
see the car parked close to the City vehicle.
Vice Chairman Bi11 Betts asked the Plaintiff whether he was aware of
the 3-day suspension policy. Art said "not for this type of thing".
Bill Betts asked if anyone was aware of any other departments using
this same policy. Noone was aware of it.
Bjll Betts asked Mr. Bronstad if the City Manager knew about this
policy. He said, "yes". He said he talks with the City Manager
before issuing any of the suspensions.
Bill Betts stated, "it is not our place to decide whether it is a
r~ght rule.ar a wrang rule.
Chairman Bob Henderson recessed the hearing for deliberations.
(The hearing was resumed)
The Cor~nission stated that they had reached a decision. The decision
was read as follows:
We ~ind, in agreement with the D'epartment Head - The employee
admits guilt of the accident and the acknowledgement of not
knowing the Rule is not sufficient evidence to rule otherwise.
The Plaintiff signed the decision and received a copy of it.
The Hearing was closed.
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B B L. HENDERS N, CHAIRMAN
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Oa .
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en ine, CS Secretary