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Civil Service Commission Minutes - 12/20/2007RECEIVED IN CITY 0,-'ERK'S OFFICE Da«• 1 1?IW OS9 MINUTES OF THE FIREFIGHTERS' AND POLICE. OFFICERSL5I,rTime Q-4—y-) CIVIL SERVICE COMMISSION v ---- December 20, 2007 Present: Bob Monaghan, Chairman § Commission Members Dr. Ernest Dover § Dr. Floyd Thornton § Lanham Lyne, Mayor § Mayor Julia Vasquez, First Assistant City Attorney § R. Kinley Hegglund, Jr., Sr. Asst. City Atty. § Earl Foster, Fire Chief § Laura Drury, Deputy Police Chief § David Winney, Human Resources Director § City Staff Tammy Burnett, Human Resources Generalist § Jim Dockery, Director of Finance § Matt Benoit, Assistant City Manager § Linda Merrill, Recording Secretary § Gary Broyles, Battalion Chief Nick Hillner, Captain Steve Wilkinson, FEO 1. Call to Order § WFFD Employees Chairman Monaghan called the meeting to order at 3:05. 2. Approval of Minutes (October 25, 2007) Commissioner Dover moved, seconded by Commissioner Thornton, that the minutes of the October 25, 2007 meeting be approved. The motion carried. Chairman Monaghan relayed the Commission's wishes for happy holidays to police, fire and City administration. He understands that Christmas and New Year's are regular workdays for public safety workers, and the Commission appreciates their service. Minutes of the Civil Service Commission Meeting December 20, 2007 2 3. ACTION PROVIDING FOR THE CLASSIFICATION OF THE POSITIONS WITHIN THE FIRE MARSHAL DIVISION IN THE WICHITA FALLS FIRE DEPARTMENT. Chairman Monaghan observed that the Commissioners were not provided any materials in advance of today's meeting, so they come unprepared. They are willing to listen to all who wish to address the issue, but note they have the option of tabling the item for further consideration if the need is warranted. Julia Vasquez noted that the classification of the positions within the Fire Marshal Division has been under consideration for a number of years. A number of discussions have been had involving the City staff and City Manager, and also the Firefighters' Association, after Meet and Confer was passed. The City has decided to classify the Fire Marshal and two Assistant Fire Marshal positions. No new positions are being added. The Fire Marshal and one Assistant Fire Marshal will retain the same names under Civil Service, but the second Assistant Fire Marshal will be renamed as a Fire Investigator Trainee. Ms. Vasquez noted that Darron Leiker is in support of this classification. Chief Foster has had input, as has Legal and Finance, and on certain issues, the Firefighters' Association. This issue has been an item of discussion for two of the three Meet and Confer meetings. The Association has requested that the positions be classified as Civil Service. The primary reason for the change is that Chapter 143 encompassed fire investigators as those qualified for Civil Service designation. There is a disagreement between City staff and the Firefighters' Association, she believes. The Firefighters' Association desires some changes, including where the positions will be slotted in the pay scale. However, it is certainly her understanding that all parties agree that the positions should be under Civil Service. Section 143.021 states that the Civil Service Commission shall provide for the classification of firefighters and police officers. The City Council by ordinance then classifies those positions and the number of personnel in each position. This item is on the Council's January 2 agenda. Although she has worked with Civil Service laws for 15 years, Ms. Vasquez has not had much experience with asking the Civil Service Commission to classify positions, as Civil Service has been in effect for a long time. There is no prescribed method for the Commission to provide for this classification; the law simply states the Commission "shall provide" for the classification. Case law interprets it as the Commission and Council working hand -in -hand to classify the positions. Although the action that makes this classification legal is the ordinance passed by the City Council, she is enough of a Chapter 143 purist that she would not want to go to the Council without first coming to the Civil Service Commission. It is important to keep the Commission in the loop, and ask that it fulfill that first step. The Commission would simply be agreeing that these positions should be Civil Service positions. Minutes of the Civil Service Commission Meeting December 20, 2007 3 Although there is no requirement for a written document, she has prepared a document to memorialize the agreement, should the Commission agree to this classification. Ms. Vasquez continued, noting there is a reason the Commission had no information prior to the meeting other than the notice. There have been extensive discussions concerning this matter, through Meet and Confer and internal staff meetings. Ray Wood, President of the Firefighters' Association, is aware of a plan City staff has developed to operate this Division after its Civil Service classification. That plan includes issues such as where the positions will be on the pay scale; whether the positions will be entry- level; promotional provisions; and requirements to fill the positions. She does not represent that they agree with every issue, but it is not the first time they have heard of the plan. This information was not provided to the Civil Service Commission, as these issues will be dealt with by the City Council and City staff. Staff saw no reason to burden the Commission with information that is not pertinent to the item under discussion. She noted that the requirements for the positions will not change, and the job duties will not change. Vacancies will be filled via Civil Service procedures. There is a vacancy now, and it needs to be filled. The Fire Marshal and Assistant Fire Marshal are performing the work of three employees. The question before the Commission is the classification of the Fire Marshal Division positions under Civil Service. She is not sure that anything else bears on that decision, unless someone wishes to disagree that they should be Civil Service positions. Chairman Monaghan asked what change brought today's action. Ms. Vasquez noted there is a provision in Chapter 143 that had been talked about in an earlier Commission meeting pertaining to the appeal of seniority points, and the definition of firefighter. Chairman Monaghan noted that is Section 143.005. FEO Steve Wilkinson noted that Section 143.084 lists those positions that should be under Civil Service. Ms. Vasquez noted that a primary duty of the employees in the Fire Marshal Division is arson investigation. City Management decided the positions should be under Civil Service, based on the fact that arson investigators are firefighters under Civil Service. This became a topic in earnest when the Meet and Confer meetings began. When the vacancy came up in that division, it became a more imperative issue as to how that position would be filled. If the conversion is to occur, it should be done prior to the filling of that position. Several cities that operate under Chapter 143 do not have the Fire Marshal Division under Civil Service, primarily because some of the Chapter's provisions are not clear. Chairman Monaghan noted that the City does not want to fill the position now because it is not currently under Civil Service. Ms. Vasquez acknowledged, however, that the position had been advertised and posted for a number of weeks. Then the issue Minutes of the Civil Service Commission Meeting December 20, 2007 4 of placing these positions under Civil Service was raised once again at the last Meet and Confer meeting. The City Manager stated that the issue would be investigated, and if it needed to be done, it would be done. It was decided to place those positions under Civil Service, so it seems appropriate to do that before the position is filled. Chairman Monaghan asked the significance of getting this item on the Council agenda of January 2. Ms. Vasquez noted that Chief Foster could provide more detail, but the Fire Marshal Division is extremely overburdened. The worst time of the year for fires is approaching. The City Manager felt the urgency to start this process. Chairman Monaghan asked how long the position had been vacant. Chief Foster stated it has been vacant four months, and the employees are overburdened. Commissioner Dover stated that it appears there are three parties involved in this issue — the City Council, the Civil Service Commission, and the professionals. It is very important that everyone be satisfied, and he understands that action on this issue is desired as soon as possible. Ms. Vasquez stated that she believes coming before the Civil Service Commission is something that needs to be done, although the ordinance is the legal mechanism. The Council, by ordinance, allows those positions to be classified and sets the number of employees in each position. She does not want to speak for the Firefighters' Association, but their issues are not whether they should be classified. All parties are in agreement on that issue. The Commission's role is to say yes, these positions should be classified as Civil Service positions. The disagreement concerns internal, management - prerogative decisions. Chairman Monaghan noted the easy way out is to put those positions under Civil Service and let the staff, management and Firefighters' Association fight out the other issues. Ms. Vasquez stated the Commission is in the enviable position of not having to decide those other issues. Commissioner Dover commended Ms. Vasquez' presentation by noting that she sure would be good in the courthouse. Ms. Vasquez thanked him, noting that despite her 15 years working with Civil Service, she does not profess to handle this particular issue every day. Civil Service is initially voted in by the citizens, and the Council sets up the structure. Chief Foster said Wichita Falls voted for Civil Service in 1950. Commissioner Dover stated that if all parties are in agreement as to the classification of these positions under Civil Service, he sees no problem with it. Captain Nick Hillner noted that the Association is not in agreement. Chairman Monaghan noted he will give everyone who wants to speak the opportunity to do so, but he had a question for Chief Foster. He asked if the Fire Marshal Division carries any unique qualifications that are not required for other firefighter positions. Chief Foster replied affirmatively, adding that is one of the fundamental disagreements between management and the Firefighters' Association. Minutes of the Civil Service Commission Meeting December 20, 2007 5 Employees in the Fire Marshal Division carry three certifications under Wichita Falls policy: certified peace officer, basic level; fire investigator; and fire inspector. The fire investigator and fire inspector certifications are quite a bit easier to achieve than is the peace officer certification. It takes anywhere from 5 -8 months in a police officer academy for an individual to attain that certification. Under the City's policy, those employees cannot be arson investigators unless they have the basic peace officer certification. Therefore, they cannot investigate arson fires, and the Fire Department would have to call in a peace officer from somewhere to make the City's cases for arson. The City prefers to make its own cases. He believes it would take too long for someone to attain this peace officer certification. The Fire Investigator Trainee position was created to be similar to a firefighter or police officer trainee position. The employee must have the peace officer certification coming into the Division, but the Department will allow them to attain the remaining two certifications on the job. Captain Hillner spoke then as a representative of the Firefighters' Association. He stated that Ms. Vasquez is correct that the Association wants the positions in the Fire Marshal Division to be Civil Service positions. However, the Association also wants the current employees in those positions (David Collins and Antoinette Hastings) to be covered. One of the purposes of this Civil Service protection is to provide freedom from political influence. That is important for those positions, as the decisions they make directly affect the safety of the public and that of firefighters. The firefighters want to know that building construction codes are followed. This plan leaves out the current employees in that Division. They can get that protection if there is an agreement between the City Manager and the Firefighters' Association under Meet and Confer. Another issue of concern to the Firefighters' Association is an entry level classification for positions in the Fire Marshal Division. That would set an age requirement, eliminating the possibility for a number of fire suppression employees to qualify for application. The Association would prefer that these positions be open to a lateral transfer. In a perfect world, the Division would consist of a Battalion Chief, Captain, Lieutenant, and possibly a second Lieutenant should the Division expand. He understands the importance of the peace officer certification, but with both David Collins and Antoinette Hastings in the Division, and both having this certification, it would not be a hardship to allow a lateral to come into the Division and have six months' time to attain this certification. If a peace officer certification is required, the hiring pool will be limited to one or two applicants. A lateral transfer would give those in Fire Suppression an opportunity to move into an eight -hour workweek. If a Battalion Chief is the head of this Division, and the only other rank in that division is a Lieutenant, there would be a problem with the Fire Marshal taking time off, as a Lieutenant cannot step up two places. The Association requests that this item be tabled so that it would have time to devise a plan. It is at a disadvantage because it does not have an attorney two doors down the hall. The Association has to send documentation to Austin, and have its experts look at it. Any plan they submit will have a cost factor attached to it. The proposed plan will create a monstrous headache, if Minutes of the Civil Service Commission Meeting December 20, 2007 6 implemented as is. No new classifications are needed; the classifications currently in place are adequate. The Fire Suppression side has a Chief, Captain, and Lieutenant; those same ranks can be used in the Arson Division. Collins' pay grade is similar to that of a Battalion Chief. When he retires, another Battalion Chief would step into that position based upon promotional exam rankings. He hates to see this fast - tracked through the Council. Chairman Monaghan stated that he is confused by one statement: the positions, but not the incumbents, would be classified under Civil Service? Captain Hillner noted that neither Collins nor Hastings would be covered under this plan. Chairman Monaghan contemplated that if the positions are covered, the people filling those positions ought to be covered, as well. Ms. Vasquez stated that the Association's request in the Meet and Confer meetings was to fill any future vacancies in the Fire Marshal Division through Civil Service, but to let the incumbents finish out their careers. The City Manager felt if the positions are to be Civil Service, that coverage should include the incumbents. It is the City's decision to include the incumbents. She reiterated that the only issue on the Commission's agenda is whether those positions ought to be classified as Civil Service positions. Captain Hillner asked if Collins and Hastings will have full protection under Chapter 143, to which Ms. Vasquez replied affirmatively, as far as she was concerned. Battalion Chief Gary Broyles said that cannot be done for the incumbents without an agreement. Ms. Vasquez replied that the Commission is not being asked to classify the incumbents, but the positions within the Fire Marshal Division. She understands that the Association believes the City cannot make those positions Civil Service without a Meet and Confer agreement. Battalion Chief Broyles clarified they are concerned with the incumbents only. Ms. Vasquez replied that is not an issue before the Commission; it is being asked to provide for classification of three positions in the Fire Marshal Division: The Fire Marshal, the Assistant Fire Marshal, and a Fire Investigator Trainee. There is no mention of David Collins or Antoinette Hastings. Those individuals happen to be in those jobs, but the Commission is not specifically classifying those individuals. Everyone in the meeting today wants these positions classified; it is not fast tracking for the Commission to provide for such classification. The concerns the Firefighters' Association has with the plan are issues that will be worked out down the road. Captain Hillner said that he was still confused after the explanation. Collins and Hastings cannot be protected under Civil Service without a Meet and Confer agreement signed by the Firefighters' Association, or by legislative action. With the stroke of a pen and a Meet and Confer agreement, those by name can be protected. Ms. Vasquez noted that this is not the place to lobby for a Meet and Confer agreement. The item for discussion is simply for the Civil Service Commission to classify the positions. FEO Wilkinson asked Ms. Vasquez if Collins and Hastings will be covered under Civil Service. Ms. Vasquez stated she does not intend to treat them any differently. FEO Wilkinson again asked if they will be covered under Civil Service. Ms. Vasquez replied, Minutes of the Civil Service Commission Meeting December 20, 2007 7 affirmatively. FEO Wilkinson stated she is wrong. Ms. Vasquez replied that if she is, it would not be the first time. Chairman Monaghan noted there are items being discussed at this meeting that are clearly outside the purview of the Civil Service Commission. Commissioner Dover agreed. Captain Hillner pointed out that there are some cities in the Metroplex that require firefighters to be certified paramedics. However, the employees are allowed a certain period of time once hired to attain that certification. He believes now would be a perfect opportunity to allow someone to earn their peace officer certification on the job, since Collins and Hastings both have this certification. There would be no need to turn arson investigations over to another entity. Chairman Monaghan noted this decision is not up to the Commission. He is concerned that the position has been vacant for four months, which takes one -third of the office away. He asked Chief Drury how long the class for such certification lasts. Chief Drury noted it is a six - months long, eight -hours per day class. Chairman Monaghan continued, noting that if someone is placed in that vacant position that is lacking the peace officer certification, they will be unable to fulfill their role for six months. Also, he brought up the possibility that the candidate may not be successful in obtaining this certification. Chief Foster interjected that the basic peace officer certification is the hardest of the three to attain. Captain Hillner asked to see the document, which was provided to him. Battalion Chief Broyles expressed concern that once these three named positions are classified, they are set in stone and set a precedent. Ms. Vasquez said this classification is simply acknowledging the fact that there are three Fire Marshal Division positions that will now be under Civil Service. She added that this classification is not set in stone, as there have been many changes through the years to classifications in both the police and fire services. FEO Wilkinson stated that any changes the Council makes will not supersede State Civil Service. Ms. Vasquez added that State Civil Service law provides that city councils are the legal authority to approve classifications and the number of positions in those classifications. Positions have been added and eliminated throughout the years by ordinance. Chapter 143 defines firefighter to include arson investigators. Battalion Chief Broyles noted that no new legislation stirred this discussion. Ms. Vasquez explained that it became a topic of conversation in Meet and Confer meetings. FEO Wilkinson noted this had been talked about for a year and a half prior to the vacancy. Ms. Vasquez countered that it had not been an issue pushed by the Firefighters' Association until the vacancy. Captain Hillner asked for confirmation that the current non -civil service positions will be classified as Fire Marshal, Assistant Fire Marshal, and Fire Investigator Trainee. Chairman Monaghan stated that is correct. Captain Hillner opined that on the surface, there is a problem with these classifications. The individual employed as the Fire Investigator Trainee may be in that position for 15 years before he could promote, yet he would be referred to as a trainee. The Association would like the opportunity to forward this information to its attorneys to make sure this will not be a stumbling block that will be argued about every six months. Ms. Vasquez stated that issue could be Minutes of the Civil Service Commission Meeting December 20, 2007 8 resolved at today's meeting by simply changing the request to the Commission, whereby it would be requested to provide for the classification of only the positions in the Fire Marshal Division, and not the specific names of the positions. Captain Hillner observed that he is not smart enough to make the decision that this change would be acceptable. Ms. Vasquez noted that the Civil Service Commission could table the issue, but it will still be on the City Council's agenda for January 2 to provide for the establishment and classification of these three positions. FEO Wilkinson stated the Association could request the Council to table the item, as well. Chairman Monaghan moved to reject the proposal currently submitted to the Commission which motion was seconded by Commissioner Dover and unanimously approved. Chairman Monaghan further moved to accept the amended proposal (as suggested by Ms. Vasquez) to provide that simply all positions in the Fire Marshal Division be placed under Civil Service (without specificity as to the position titles). Commissioner Dover seconded the motion, which was unanimously approved. Ms. Vasquez left the meeting to modify the document memorializing the agreement so that it would not reflect the specific position titles, but simply all positions in the Fire Marshal Division. 4. Report From Fire Chief Chief Foster noted the Fire Academy has 14 recruits that are City of Wichita Falls employees, and 4 Vernon College students, for a total of 18 students. Graduation is February 29. If all 14 recruits are kept, the Department will be even as far as vacancies. The City Council approved a Battalion Chief training position, and Roger Ritchie will be officially appointed to that position on Saturday at 8:00 a.m. A captain was chosen to take Ritchie's place as safety officer, so the training division will consist of three persons. Chairman Monaghan requested that the Commission be sent invitations to attend the graduation ceremony, as has been done in the past. Chief Foster agreed he would certainly do so. 5. Report from Police Chief Deputy Chief Drury noted that Chief Bachman is on vacation today, and is due back to work tomorrow. A new Academy started Monday with 10 recruits. Graduation will be at the end of May. An extra week was added to the Academy to make it a full six - month session, in order to sufficiently train for Mobile Data Terminals and Records Management. The Police Department is currently four short, and will be five short at the end of January. It is accepting applications for certified peace officers to fill those spots, as it is not cost effective to have an Academy to fill those few vacancies. At the moment, there are only three applications on file, and the posting closes on January 2. Tammy Minutes of the Civil Service Commission Meeting December 20, 2007 9 Burnett, Human Resources Generalist, added that the posted closing date was extended to January 7. 6. Adjourn Chairman Monaghan thanked all attendees for their appearance at today's meeting. He noted that Section 143.021 says that the Civil Service Commission shall provide for the classification of all police officers and firefighters. Anything beyond that is outside of the Commission's jurisdiction. They are happy to listen, but these issues need to be discussed with the City Council. He urged them to individually contact the Mayor and City Council. He then called for a motion to adjourn. Commissioner Dover moved, seconded by Chairman Monaghan, that the meeting be adjourned. The motion carried, and the meeting adjourned at 4:07 p.m. v Bob Monaghan, airman Dr. Ernest Dover, Commiss Dr. Fli ommissioner alt-