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Civil Service Commission Minutes - 10/25/2007MINUTES OF THE FIREFIGHTERS' AND POLICE OFFICERS' CIVIL SERVICE COMMI RECEIVED IN October 25, 2007 CITY CLERK'S OFFICE Date Z/ 7) F e o 7 By 3c r Time 01,g90 Present: Bob Monaghan, Chairman § Commission Members Dr. Ernest Dover § Dr. Floyd Thornton § Dennis Bachman, Police Chief § Captain Manuel Borrego, WFPD § Lt. Bradley Hardin, WFPD § Bill Weske, Assistant Fire Chief § City Staff David Winney, Human Resources Director § Tammy Burnett, Human Resources Generalist § Dave Goodrich, Human Resources § Julia Vasquez, First Assistant City Attorney § Linda Merrill, Recording Secretary § 1. Call to Order Chairman Monaghan called the meeting to order at 3:30. 2. Approval of Minutes (June 1, 2007) Commissioner Thornton moved, seconded by Commissioner Dover, that the minutes of the June 1, 2007 meeting be approved. The motion carried. 3. Appoint A Physician, Psychiatrist, Or Psychologist, As Appropriate, To Examine Police Officer And To Submit A Report To The Commission, The Chief Of Police And The Police Officer Pursuant To Chapter 143.081(C) Of The TEXAS LOCAL GOVERNMENT CODE Police Chief Dennis Bachman stated that he is requesting that the Commission appoint a physician to determine a police officer's fitness for duty. The Commission will be furnished a list of physicians to consider. Included on this list is the physician the Police Department currently uses to examine police officers. Minutes of the Civil Service Commission Meeting October 25, 2007 2 David Winney distributed the list. Julia indicated the first name on the list (Jeffrey Sabine) is incorrect. Mr. Winney interjected that the name should be David Sabine, who, incidentally, is the brother of Jeffrey Sabine. He added that the City has also previously obtained the services of Dr. Leon Morris, who is second on the list. He has contacted Drs. Sabine and Morris, and both are available for this task. Ms. Vasquez noted that the physicians have been made aware of the issue in general, and are willing to perform independent evaluations. Chairman Monaghan noted that, while he personally knows Dr. Sabine, that relationship would not affect his judgment in this matter. Dr. Thornton replied that he also knows him, but it would not affect his opinion, either. Dr. Dover knows of him, but does not personally know Dr. Sabine. Chief Bachman remarked that his recommendation to the Commission would be to appoint Dr. Sabine, as the City already uses him for police officer physicals. Dr. Thornton moved that the Commission appoint David M. Sabine as the Physician to examine the police officer in question regarding his fitness for duty, and to submit a report to the Commission, the Chief of Police, and the police officer pursuant to Chapter 143.081(c) of the TEXAS LOCAL GOVERNMENT CODE. Chairman Monaghan seconded the motion, which unanimously carried. Chairman Monaghan asked if the Commission should appoint an alternate physician. Ms. Vasquez replied that it would be helpful, so that the Commission would not have to reconvene if an unforeseen circumstance arose concerning Dr. Sabine's availability. Chairman Monaghan asked Mr. Winney if all of the physicians listed were available, or just the first two. Mr. Winney replied that he had contacted only the first two physicians on the list. Chairman Monaghan then moved that Leon Morris be appointed as the alternate physician. Dr. Dover seconded the motion, which unanimously carried. Chairman Monaghan asked who was responsible for this process from this point forward. Mr. Winney stated that he would make up a package for Dr. Sabine. 4. Action Concerning And Ruling On Adoption Of Proposed Updates And Amendments To The Local Civil Service Rules Chief Bachman first discussed proposed changes to Section 143.024, Entrance Examination Notice, (1) Order of Entry Level Application and Examination Process for Police Applicants. 1) Applicants who fail to submit a written application and pass the written examination can reapply in the next hiring process. Minutes of the Civil Service Commission Meeting October 25, 2007 3 2) Applicants who fail the physical /practical ability test will be eligible to reapply in the next hiring process. 3) Applicants who fail to timely submit a personal history will be eligible to reapply in the next hiring process. 4) Applicants who fail to pass the B -Pad screening are eligible to reapply in the next hiring process. It is also proposed to make the B -Pad optional, at the Chief's discretion, as it may not be a necessary testing process for laterals. 5) Applicants who do not pass the background investigation are eligible to reapply after one year. 6) No change requested. 7) No change requested. 8) Applicants who "fail" a polygraph examination (i.e., results are inconclusive) are allowed a second opportunity at the examination. If those results are also inconclusive, that applicant is permanently disqualified from future consideration. 9) Applicants who fail the medical examination are eligible to reapply in the next hiring process. 10) Applicants who fail the psychological examination are permanently disqualified from future consideration. 11) Applicants who do not pass the Chief's interview are eligible to reapply after a period of two years from the date of disqualification. Chief Bachman then discussed proposed changes to Section 143.024, Entrance Examination Notice, (3) Provisions Pertaining to Police Officers and Fire Fighters. This section pertains to the hiring of laterals. The rule currently reads that if an applicant already possesses a basic peace officer certification, the applicant is required to attend the appropriate training academy. The proposed change allows for an exception to this requirement for lateral hires who have been employed as Texas peace officers for a minimum of three years. These officers may still need to attend orientation addressing the local codes and ordinances, as well as City and departmental policies. However, they should already know the traffic and criminal laws. Subsection 2) is proposed to be deleted from this section. Subsection 3) is proposed to be amended to require that applicants must possess a current certification as a basic peace officer at the time of application Attachment 2, Police Entrance Examination, Physical Ability Test Standards, was the next item of discussion. The number of sit -ups required to be performed in one minute is being proposed to be reduced from 32 to 28. Twenty -eight is the median range number. This Attachment 2 is also revised by the addition of Practical Ability Test Minutes of the Civil Service Commission Meeting October 25, 2007 4 Standards, requiring an applicant to (1) pull the trigger on a handgun six times using both right and left index fingers within one minute; (2) pedal and steer patrol vehicles; and (3) carry a 120 -pound weighted object 20 yards in one minute. Chairman Monaghan questioned whether 120 pounds was sufficient weight for testing. Chief Bachman noted that it will tax an applicant a bit to grasp and then pull the dummy. The next proposed rule change concerns Section 143.023, Eligibility for Beginning Position, Subsection (3), Minimum Eligibility Requirements for Police Officers. This change, at paragraph (d), makes B -Pad testing optional. Paragraph (g) requires that applicants must be 21 years of age at the time of administration of the TCLEOSE licensing examination. The City currently required that applicants be 21 at the time of hire. Paragraph (h) requires applicants who have a GED to also have 12 hours of college credit with a 2.0 or higher overall grade point average. Subsection (5) of Section 143.023 deals with Cause for Rejection of Applicants for Police Officer Classification. Chief Bachman noted the proposed changes allow for rejection of applicants if they do not meet minimum eligibility requirements, including timely submission of their personal history statements, and having two "inconclusive results" on polygraph examinations. Julia Vasquez noted the next, and last, proposed change provides clarification language regarding tiebreakers. The Commission amended this rule in June 2007. She continued, stating the proposed rule identifies seniority in the police and fire departments as beginning on the date of certification as a police officer or firefighter. Chief Weske expressed concern with this item, and gave an example: suppose two firefighters graduate from the same Academy, but the Texas Commission on Fire Prevention processes the certification for one firefighter several days before that of the second firefighter. This erroneously gives seniority to the first firefighter. He thought there had been language provided that would define seniority according to the seniority list created by the Wichita Falls Fire Department. That list is generated based upon each firefighter's performance in the Academy. Ms. Vasquez asked Chief Bachman his opinion regarding this issue. He replied that he understands the potential problem, but the police department has not experienced any difficulties with this issue. Chief Weske noted that even though firefighters may come out of the same class, there is still seniority developed within that class. Chief Bachman noted that he had no issue with an amendment that would address the Fire Department's concerns. Chairman Monaghan remarked that the reason this rule was amended in June was due to the question of seniority regarding a firefighter who came from another department, and had an earlier certification date than other firefighters. The Commission does not want to remedy one problem while creating another. Minutes of the Civil Service Commission Meeting October 25, 2007 5 Ms. Vasquez asked the date of the next fire examination. David Winney noted the Battalion Chief examination is scheduled for December 7. Tammy Burnett suggested that a new tiebreaker be added that addresses performance in the Academy. Ms. Vasquez noted that most firefighters and police officers understand seniority is created from the list generated after they graduate from the Academy. It is from this list that internal assignments, shift, and vacation days are granted. Mr. Winney questioned whether a definition of seniority should be included. Ms. Vasquez expressed concern that seniority is defined in many ways in Chapter 143. Lt. Hardin suggested that the seniority date could be established by the date and time an applicant filled out his paperwork. If one applicant filled out his application on October 15 at 8:53, and another at 8:54, then the former applicant would have seniority over the latter. He had more initiative to get his paperwork filled out and turned in. There would never be an instance where two police officers or firefighters would have filled out their paperwork at the same time. Ms. Vasquez noted the City presently indicates the date paperwork is submitted, but not the time. Chief Bachman added that he would like to have some time to review this section. Ms. Vasquez agreed. She suggested this item be tabled so that satisfactory language can drafted. Chief Weske noted that the first three items will handle most tiebreaker issues. He added that the seniority issue has its highest effect when promoting from firefighter to driver. Seniority is much more clear -cut when promoting from lieutenant to captain. Ms. Vasquez noted that the current language will be satisfactory for now, until new language has been drafted and approved. This will not be an issue with the upcoming Battalion Chief examination. Chairman Monaghan noted that if this assembled group of supposed experts cannot agree on this issue, it would be better to take no action. He moved that the Commission accept the proposed amendments of Subchapter B, Section 143.024, police entrance examination, physical ability standards, along with Subchapter B, Section 143.023. Dr. Dover seconded the motion. Ms. Vasquez asked if he included Section 143, Subsection 5, Cause of Rejection. Chairman Monaghan clarified his motion to propose that the Commission approve all proposed rule amendments with the exception of the last item discussed, Section 143.033. Dr. Thornton asked if a motion was needed to table that section. Ms. Vasquez replied that the Commission can simply not sign and therefore not approve that particular amendment. The motion unanimously carried. 5. Report from Police Chief Chief Bachman noted that a 13- student Academy is scheduled to begin December 17. The Department is one short of being at full capacity due to a recent Minutes of the Civil Service Commission Meeting October 25, 2007 6 retirement. Sometime after the first of the year there may be more retirements, but the Department is in pretty good shape right now. 6. Report from Fire Chief Chief Weske noted a recruiting class will graduate on February 29, and laughingly noted this unusual day may cause more seniority issues. The Battalion Chief examination is a training position approved by the City Council in this year's budget. 7. Adjourn Commissioner Dover moved, seconded by Commissioner Thornton, that the meeting be adjourned. The motion carried, and the meeting adjourned at 4:12 p.m. MGM- - • IF,, • Dr. Floyd TKorn(on, Commissioner