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Civil Service Commission Minutes - 01/05/2011MINUTES OF THE FIREFIGHTERS AND POLICE OFFICERS' CIVIL SERVICE COMMISSION January 5, 2011 Present: Penny Miller Carol DuBray Jim Dockery, CFO /Asst. City Manager Tammy Guerra, Civil Service Director Julia Vasquez, First Asst. City Attorney Dennis Bachman, Police Chief Earl Foster, Fire Chief Bill Weske, Assistant Fire Chief Dave Goodrich, Human Resources Linda Merrill, Recording Secretary Sgt. Daniel Zimpel Sgt. David Ferguson Sgt. Joseph Puddu Cody Melton Michael Kelly Brad Snow 1. CALL TO ORDER § Commission Members § City Staff § WFPD § WFFD The meeting was called to order at 1:32 p.m. by Commissioner Penny Miller. 2. APPROVAL OF MINUTES JANUARY 28, 2010) The minutes were approved without correction. 3. APPEALS OF POLICE LIEUTENANT AND FEO PROMOTIONAL EXAMINATIONS Police Lieutenant Promotional Examination Appeals Question 2. Appealed by Sgt. Daniel Zimpel. Sgt. Zimpel withdrew his appeal to this question. Civil Service Commission Minutes January 5, 2011 2 Question 18. Appealed by Sgt. David Ferguson. He asserted that the question was confusing as written. Chairperson Penny Miller noted the Commission has three options regarding appeals of test questions: (1) uphold the answer key; (2) change the answer key; or (3) throw out the question. She opined that two answers could be correct, and the more correct answer was not in accordance with the answer key. Commissioner Carol DuBray moved to throw out the question. Seconded by Chairperson Miller, the motion carried. Question 20. Appealed by Sgt. Daniel Zimpel. He asserted that the version of the source material which contained the word "ombudsman" had been superseded by one that did not include that word, yet it was included in a possible answer to the question. Tammy Guerra stated the answer is verbatim from the source material. Commissioner DuBray moved that the question stand as written. Seconded by Chairperson Miller, the motion carried. Question 28. Sgt. Daniel Zimpel was one appellant to this question, and he addressed the Commission. The source material is Criminal Investigation; however, police officers are governed by the CODE OF CRIMINAL PROCEDURE. Ms. Guerra noted that the test - takers were aware of the various source materials, including Criminal Investigation. It is a direct quote. Chairperson Miller stated she was somewhat troubled by the fact that almost half the test - takers chose a different answer. Commissioner DuBray moved that answers A and C both be accepted as correct. Seconded by Chairperson Miller, the motion carried. Question 38. Appealed by Sgt. David Ferguson. He stated that he believed the reference material used the article "a" (a predominant characteristic of burglary), while the test used the article "the." Sgt. Ferguson asserted that it changed the meaning of the question. Ms. Guerra said a verbatim quote is not a requirement, and the exchange of articles does not make a significant difference in the answer required. Sgt. Joseph Puddu addressed the Commission. He said that true knowledge of the information would override any concern over the use of an article. Chairperson Miller stated that she had no problem with the question, other than the fact that a significant number of people answered it incorrectly, although they chose different answers. Commissioner DuBray moved that the question stand. Seconded by Chairperson Miller, the motion carried_ Question 42. No one appeared to address this appeal; the written appeal asserts that two answers are correct. Ms. Guerra said it is a verbatim quote from the source material. Sgt. Puddu said that since no one appeared to address this appeal, it should be dropped. Ms. Guerra responded that there is a written appeal, and a response must be made. Chairperson Miller said she is inclined to agree there is too much similarity between two answers, despite the fact that one is verbatim. Commissioner DuBray moved to accept answers A and D. Seconded by Chairperson Miller, the motion carried. Question 44. Appealed by Sgt. David Ferguson. He asserted that the answer of "operating system" is acceptable, as the reference material states that information can be obtained from a PC and other portable devices. An operating system is an internal part of any computer; therefore, information can thus be obtained from such system. Sgt. Puddu countered that the question is verbatim from the book. Ms. Guerra said she agreed with appellant Ferguson. H1_ legalTersonnel\Civil Service Commission \Minutes\2011 \1.5.11.doc Civil Service Commission Minutes January 5, 2011 It would be a disservice to the test -taker to go strictly by verbatim answers, as the test should be measuring an understanding of the question, rather than memorization. Commissioner DuBray moved to throw out the question. Seconded by Chairperson Miller, the motion carried. Question 98. Appealed by Sgt. Daniel Zimpel. He asserted that two answers could be correct for this test question. Commissioner DuBray moved, seconded by Chairperson Miller, that answers A and B be deemed correct for this question. The motion carried. Question 99. Appealed by Sgt. Daniel Zimpel. He asserted that two answers could be correct for this test question. Commissioner DuBray moved that the question stand as written; seconded by Chairperson Miller, the motion carried. Question 100. No one appeared to address this appeal. The Commission felt there was very clearly a simple typographical error in the question. Commissioner DuBray moved that the question stand as written; seconded by Chairperson Miller, the motion carried. FEO Promotional Examination Appeals General Appeal Regarding Examination. Firefighter Michael Kelly asserted that two firefighters were allowed to take the examination, despite the fact they submitted their applications after the posted deadline. Ms. Guerra explained: The first notice sent out had standard language requiring the test -taker to submit their intent -to -test application one week prior to the test date. It was subsequently discovered that the notice referenced a City holiday (Thanksgiving) as the submission deadline. The notice was updated, identifying the Wednesday prior to the Thanksgiving holidays (of Thursday and Friday) as the deadline. While that updated notice was posted in City Hall and at the Central Fire Station, it was not posted at the various fire houses. Therefore, the two applicants did not know of the amended deadline. They came to the City on the Friday after Thanksgiving to submit their applications, only to find City Hall was closed. They came back on Monday. As most governmental entities would allow a deadline to extend to the next business day if the deadline fell on a holiday, the City decided to accept their applications. From this point forward, the test notices will state that should the deadline fall on a holiday, the next business day will be the deadline. Ms. Guerra added that it is pertinent to this appeal that neither of those test - takers made it to the eligibility list. Commissioner DuBray opined that since the applicants came in on the first possible day following the holiday, their applications to test should be accepted. First Assistant City Attorney Julia Vasquez stated that, in order to throw out the test, there would have to be some impact that would void the results of the test; something that would have compromised the entire examination. Allowing these two test - takers to file their applications the first business day after the holiday does not rise to that level. No one was harmed by these two individuals being allowed to test. Chairperson Miller said she was not even thinking about throwing out the test; at most, she would move to not consider those two individuals' scores. Considering the fact that H:\_legalTersonnel\Civil Service Commission\Minutes\201 1 \1.5.1 l.doc Civil Service Commission Minutes January 5, 2011 4 some fire houses did not get proper notification of the amended deadline, and no one was available to take their intent to test on the 26`", accepting them on the 29th was appropriate. Commissioner DuBray moved to reject the appeal and to not throw out the examination. Seconded by Chairperson Miller, the motion carried. Question 1. Appealed by Cody Melton. He asserted that there are no correct answers, because all of the choices are common causes of fire. Commissioner DuBray moved that the question stand as written. Seconded by Chairperson Miller, the motion carried. Question 59. Appealed by Brad Snow. He asserted that the answer key is incorrect for this question. Ms. Guerra concurred. Commissioner DuBray moved to accept answer D as the correct answer to this question. Seconded by Chairperson Miller, the motion carried. Question 66. No one appeared to address this appeal. After consideration of the source material, Commissioner DuBray moved that the question stand as written. Seconded by Chairperson Miller, the motion carried. Question 73. No one appeared to address this appeal. After consideration of the source material, Commissioner DuBray moved that the question stand as written. Seconded by Chairperson Miller, the motion carried. Question 91. No one appeared to address this appeal. Ms. Guerra noted that the test - takers gave either A or B as the correct answer. The course material is stated verbatim; but again, she would prefer the test gauge understanding of the material, versus memorization of the topic. Commissioner DuBray moved to accept both A and B as correct answers. Seconded by Chairperson Miller, the motion carried. Question 93. Appealed by Cody Melton. He asserted that, although the question is verbatim from the source material, there is no correct answer listed for this question. After discussion, Commissioner DuBray opined that the answer seems clear from the source material, and moved that the question stand as written. Seconded by Chairperson Miller, the motion carried. Question 97. No one appeared to address this appeal. After reviewing the source material, Commissioner DuBray moved that the question stand as written. Seconded by Chairperson Miller, the motion carried. 4. REPORT FROM POLICE CHIEF Police Chief Dennis Bachman stated the Department had eight graduates from the Academy, and is therefore pretty well staffed. They are only three short, due to retirements. One officer is on military leave for approximately one year. H:\_legalTersonnel\Civil Service Commission \Minutes\2011 \1.5.11.doc Civil Service Commission Minutes January 5, 2011 5. REPORT FROM FIRE CHIEF Fire Chief Earl Foster thanked the Commissioners for their service. The City has had civil service fore more than 60 years, and that is thanks to volunteers serving as Commission members. The Fire Department has nine vacancies, and he anticipates up to seven retirements in the next nine months. They are in the hiring /interview process at this time. He recently offered jobs to 14 people. They will start the Academy in May, and will be required to have their EMT certification before then. 6. ADJOURN The meeting adjourned at 2:20 p.m. Penny Miller, Commission Chair HA legalTersonnel\Civil Service Commission \Minutes\2011 \1.5.11.doc