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Civil Service Commission Minutes - 05/20/2005MINUTES OF THE CIVIL SERVICE COMMISSION CITY OF WICHITA FALLS, TEXAS Present: Bob Monaghan James Harris Jan Stricklin Dennis Bachman, Police Chief Gerald Todd, Deputy Chief, WFPD Laura Arnold, Deputy Chief, WFPD Lt. Fred Smith, WFPD Buddy Alexander, WFPD John Laughlin, WFPD Russell Melvin, WFPD Dale Rosdhal, WFPD Earl Foster, Fire Chief Steve Wilkinson, FEO, WFFD Linda Merrill, Recording Secretary 1. Call to Order MAY 20, 2005 § § § § Commission Members Director of Civil Service City Staff Vice - Chairman Monaghan called the meeting to order at 4:32 p.m. 2. Approval of Minutes (April 22, 2005) Commissioner Harris moved, seconded by Vice - Chairman Monaghan, that the minutes of the meeting for April 22, 2005, be approved. The motion carried. 3. Executive Session • Consultation with attorney involving legal issues related to amendment of Commission Rules and Regulations, as authorized by Sections 551.071 of the TEXAS GOVERNMENT CODE. The Commission met in executive session from 4:35 p.m. to 5:10 p.m. Civil Service Commission Minutes of May 20, 2005 2 4. Report from Director • Hiring New Civil Service Employees • Fire Department Hiring • Report on Outside Employment Ms. Stricklin noted that an exam for the position of police officer would be held on Saturday, May 28. Some people have already made application for that examination. Notice has been posted in the Fire Department for the position of lieutenant, and she was pleased to report that people are applying for that position, as well. She then discussed the controversy regarding the fact that she has signed outside employment authorization forms for civil service personnel beyond the date of her resignation as Director of Administrative Services. On the forms she signed subsequent to April 15, she scratched out the title "Director of Administrative Services," replacing that title with "Civil Service Director." During her 24'/2 years of City employment, she would review the civil service portion of the rules posted on all requests for outside employment from civil service employees. After review, she would then sign the form. She has since assured Interim City Manager Darron Leiker that she would no longer sign the outside employment requests, but would continue to review them to ensure the Civil Service Rules are followed. She provided a copy of one of the forms she signed after her resignation from City employment on April 15, noting that the form contains Charter provisions, City rules and regulations, as well as Civil Service Rules. She signed the forms to indicate that she had reviewed that outside employment request on behalf of the Commission. If she does not sign the forms, there would be no evidence that she had reviewed them. Commissioner Harris asked who would forward the forms to her for review. Ms. Stricklin replied that it would be directed to her from the clerks in the Personnel office, at the Direction of the City Manager. Vice - Chairman Monaghan stated there is a need to make some form of recommendation to correct this technical problem, for which there is an action item under New Business. He said unless there is further discussion on that particular item, it will be deferred until then. Chief Bachman asked to make a statement. He stated there is nothing on the current form that indicates the Civil Service Director is simply reviewing, versus approving, the outside employment. This was the crux of the problem with people in his department; they thought she was giving final authority on their ability to work. Ms. Stricklin explained that is why she scratched through the Director of Administrative Services title and put Civil Service Director. The Director does not approve outside employment. Chief Foster asked why the Director of Civil Service even needed to review outside employment requests, particularly since the Department Heads approve the outside employment. Commissioner Harris stated it might be just a matter of having it on record and on file, should the Commission wish to look at an outside employment request. Chief Foster expressed his Civil Service Commission Minutes of May 20, 2005 3 puzzlement over why this one particular section of the Civil Service Rules is singled out for review by the Director. Vice - Chairman Monaghan stated it is his understanding that it is the responsibility of the Director of Civil Service in this particular case to ensure compliance with the Civil Service Rules and Regulations. Attorney Bettye Lynn concurred, stating that the Civil Service Director would review for compliance with the rules, and for no other reason. Chief Bachman presumed that Ms. Stricklin was maintaining these outside employment requests, along with Personnel. Ms. Stricklin confirmed this presumption, but only for Civil Service employees. She does not review or even see any requests for outside employment for non -civil service employees. Lt. Fred Smith indicated there are many civil service regulations. He does not understand why this particular one would be singled out for review by the Director. Vice - Chairman Monaghan does not think it is a matter of singling out a particular rule. He stated the only change that had been made was that the Interim City Manager had requested that Ms. Stricklin sign the form as Director of Civil Service, rather than as Director of Administrative Services. Ms. Stricklin clarified that Mr. Leiker did not ask her to sign the forms. Rather, once he discovered she had signed the forms, he asked her to discontinue such practice until the Commission discussed the issue. Commissioner Harris asked if a new Director of Administrative Services would actually be approving the outside employment request. Ms. Stricklin replied affirmatively. The Civil Service Director does not approve the outside employment, but historically, one employee has held both positions. Deputy Chief Arnold stated there are at least five or six places on the form that require signature before it reaches Ms. Stricklin. Those people have already ensured compliance with the Civil Service Rules. Police Officer John Laughlin concurred. He questioned when the form is deemed approved, since multiple personnel sign the form. Deputy Chief Gerald Todd stated that traditionally, the Chief approved the outside employment request. He presumed the form went to Personnel for filing. Commissioner Harris asked if he had ever known of a request that was kicked back to the Chief by the Director of Administrative Services. Deputy Chief Todd replied no, but the Chief, and even some sergeants, have denied certain requests. Commissioner Harris said his concern was where those documents would be filed so that the Civil Service Commission could have access to them. Chief Todd replied that if there is a violation of Civil Service rules and regulations in performance of that part-time duty, the Commission has the authority to determine if that was an approved activity. He understands that same form is used for non -civil service City employees. Ms. Stricklin concurred. Commissioner Harris stated he has served on the Commission since 1996, and has never had occasion to review a request. Civil Service Commission Minutes of May 20, 2005 4 Ms. Lynn stated that the Civil Service Director is charged as the official keeper of the records of the Civil Service employees. It appears to her that this outside employment request form would be an official record that would be maintained in their official file. For that reason, these forms need to come to the Civil Service Director, regardless of whether or not she approves them. Ms. Lynn stated Commissioner Harris would look to the official Civil Service file, should he have the need to review one of these requests at a later date. Officer Russell Melvin of the WFPD then addressed the Commission. He asked why the form had to go to the Civil Service Director simply for review before it came back to the officer as approved to work. He filed four requests in the last three weeks, and none have yet been returned to him. He has worked some outside employment jobs before the form was returned to him. Officer Melvin continued, stating that although he's been told it takes two days to process the form, it can actually take two weeks. The officers feel they only have the right to work when the form comes back signed by Ms. Stricklin. Commissioner Harris stated he felt Officer Melvin was trying to make the point that, if it's simply a review, the form could funnel through and come back more quickly to the officer. Officer Melvin countered that it says approval on the form. Commissioner Harris again tried to interpret Officer Melvin's objection. If it is just a review, or is just for placement in the file, it should funnel through and get back to the officer more quickly. Officer Melvin stated there is no need for her signature to be on the form coming back to the officer. He stated a copy should come back to him after appropriate approval in his department, and the original should be filed. He again expressed frustration at having to wait two to three weeks to receive the form, and noted that everyone's signature line on the form is indicated as approval authority. Commissioner Harris stated this is the first he has seen this form, so he understands the confusion. It needs to be fixed so that there is no delay. If a copy is needed for the official records, that should not interfere with the officer's business. Ms. Lynn stated the Interim City Manager should decide if he needs to approve these requests. The Commission's decision would be to indicate that it would like to have those forms funneled for review and filing for access by the Commission. Officer Dale Rosdhal asked why the Commission needs these requests for outside employment. Ms. Lynn stated this had been discussed before he arrived at the meeting. Officer Rosdhal said he just now was on a chow break, and repeated his question. Ms. Lynn stated that the Civil Service rules that were recently adopted cover outside employment. The Commission has chosen to ask to have the outside employment forms notated and kept in the Civil Service file, which is the official file as kept by the Civil Service Director. Under New Business, a motion will be made to ask the City Manager to direct that the form be changed to indicate the Civil Service Director has received, reviewed, and filed the outside employment request forms. Officer Rosdhal asked if it would be filed in his personnel file, and Ms. Lynn replied it would be in his civil service "(a) "' file, maintained by the Civil Service Director. He asked for confirmation that, any time he comes here, he can review his file. Ms. Lynn confirmed he could do that at any time. Section 143.089(a), TEXAs LOCAL GOVERNMENT CODE. Civil Service Commission Minutes of May 20, 2005 5 Commissioner Harris asked for clarification from Ms. Lynn that the Commission could make a recommendation that the paperwork be funneled in a manner that would get it back to the employee quicker. Ms. Lynn confirmed, stating that it would be up to City Administration to determine the flow of the paperwork. Commissioner Harris asked if the Commission's recommendation could also include that the Police Chief and Fire Chief may give comments to the Interim City Manager in regard to this process, as well. Ms. Lynn affirmed. Commissioner Harris asked Officer Melvin if the fact that the form at times has not been returned in a timely manner has kept him from being able to do a particular job. Officer Melvin replied affirmatively. Commissioner Harris stated there was no excuse for that. Officer Melvin said outside employers would not know, without the form, whether or not the officer is entitled to work. Permission is necessary for each occasion to work. The officers are not allowed to say they are going to work for "ABC Company" from January to December; they are required to furnish a form for each date. Commissioner Harris asked if the officers are required to have the form in hand before doing the work. Officer Melvin stated that is another point of discussion. They've been told it is not necessary; it is more of a "no news is good news" scenario. Commissioner Harris stated that before the day is over, it will be clear there should be no hold -up from the side of the Commission in the officer getting the form back in a timely manner. Vice - Chairman Monaghan stated he thinks part of the review of the process by the Interim City Manager would involve timing, as well. He then asked for further comments for discussion on this item. Hearing none, he asked Ms. Stricklin if she had anything further to report. She did not. 6. Report from Fire Chief • Hiring Chief Foster stated there are currently two vacancies at the Fire Department. There are two proposed retirements in the fall. He has spoken to the Director about giving an entrance exam for the Fire Department. Ms. Stricklin indicated she would work with the Chief to set up that entrance exam date, and start advertising for it. Commissioner Harris noted that at the Commission's last meeting, there was some concern about setting up a new test. He asked if that had all been cleared up. Ms. Stricklin noted that she and the Chief need to visit a bit more on the subject, but she believes it is pretty well worked out. Civil Service Commission Minutes of May 20, 2005 6 7. Report from Police Chief Hiring Chief Bachman hired an officer about a week ago, but another officer resigned, so the department is back to being eight short again. He is hoping to get some graduates pretty soon and looking forward to the beginning of another class. He also noted that he and the Civil Service Director have not been able to get very far in the process of testing the officers as far as their physical agility. They felt two more months ought to be sufficient time to work out this validation process, to evaluate and determine some standards. 8. Executive Session • The Commission may go into executive session for the identical reasons posted above in item 3 above, if necessary. The Commission did not adjourn to this second executive session. 9. New Business • Action on amending Civil Service Rules and Regulations • Action on Outside Employment Authorization Fire Equipment Operator Steve Wilkinson addressed the Commission, apologizing for interrupting the executive session earlier in the meeting. He questioned specifically if it was an executive session at that time. He reviewed Government Code Section 551.071, and did not find sufficient reason under that section for the Commission to be meeting with attorney Bettye Lynn. Vice - Chairman Monaghan noted that it was an executive session, called specifically for the purpose of having discussions and advice given to them by Ms. Lynn. He understands that it was not only legal, but also appropriate under that section of the code. Mr. Wilkinson noted there are only certain items that can be discussed under the code. Mr. Monaghan noted that was correct, as long as those items are listed on the agenda. Ms. Lynn concurred, stating the Commission was receiving legal advice in regard to proposed revisions to the Civil Service Rules. There is an attorney - client provision within that section, and consultation with an attorney in executive session is permitted. Officer Buddy Alexander asked the Commission if Bettye Lynn is on permanent retainer by the City for the Commission. Both Commissioners replied she was not, to their knowledge. Vice - Chairman Monaghan asked if Ms. Stricklin had a follow -up to Chief Bachman's report. Ms. Stricklin noted that when Chief Bachman's workload slows down a bit, they would be able to have a meeting so that the testing can be scheduled. It will be the same type of testing that has been done many years in the past, and as has been done with the Fire Department, to assess the standard time and the average that is anticipated for the physical agility portion of the entrance exam. Civil Service Commission Minutes of May 20, 2005 7 Vice - Chairman Monaghan then noted that at the April 22 meeting of the Commission, they approved an amendment to the recently adopted civil service regulations. Subsequent to that meeting, both of the Chiefs have brought the Commission some additional information they thought would be appropriate to include in the regulations. They have worked in concert with the Civil Service Director in regard to these changes. He read these amendments into the record: "Section 143.003. Definitions (14) Legal Review. The process used to discuss whether applicants for initial appointment meet the criteria established by the Commission. The Director shall coordinate all meetings of the legal review team, which shall include the police and/or fire chief, whichever is applicable, the City Manager or his /her designee, a representative of the City Attorney's office, the background investigator, and the Director. Section 143.051, Causes for Removal or Suspension (14) Failure to follow all requirements of the City's light -duty policy, including limitations on activities while off duty due to illness or work - related injury. 143.073 Line of Duty Illness or Injury Leave of Absence (1) Temporary Leave under this item shall not exceed one year. (2) In assigning light duty to employees, the Fire and Police Chiefs may assign employees to duties outside the police and fire departments, with the concurrence of the Human Resources Director. (3) Employees who are out on injury must provide a TWC Form 73 any time there has been a change in work status, and the City's P -10 form after each doctor's visit to the Department Head or his designee, in order to continue to obtain benefits, and may be ordered to appear before the Commission in the event of a failure to comply with this requirement. (4) Employees on injury or illness leave for more than the number of days established in Police Department General Orders and Fire Department Rules and Regulations must notify their Chief or his designee of their status on a weekly basis. The Fire and Police Chiefs may designate an individual to perform home checks on employees absent from work due to illness or injury. (5) The Fire and Police Chiefs may order home checks to be made on any employee off work under this subsection, and may order any employee to provide a doctor's letter, verifying any claimed illness or non -work injury. Civil Service Commission Minutes of May 20, 2005 8 Section 143.081 Determination of Physical or Mental Fitness (1) Each employee of the Fire Department and the Police Department shall continually remain in such physical or mental condition as to be capable of rendering safe and efficient service to the City and performance of the duties and essential functions assigned to the employee. (2) Each employee shall be required to submit to a psychological or physical examination where there exists some reasonable basis to believe that the employee's mental or physical fitness for duty is at issue. Determination of the employee's mental or physical fitness for duty shall not be subject to Commission or Hearing Examiner's review. The findings of the medical panel, as outlined in Chapter 143, shall be determinative and final. (3) Employees who fail to follow the regimen prescribed by their physician for recuperation may be ordered to undergo a fitness for duty evaluation, and may be ordered to appear before the Commission to explain any such failure or failures. (4) The Fire and Police Chiefs shall report to the Commission any employee who they believe is abusing sick or injury leave, and the Commission may require the attendance of the employee at any meeting convened to discuss the fitness for duty evaluation ordered under this section." Vice - Chairman Monaghan then called for a motion for approval of these amendments to the Civil Service regulations. Commissioner Harris moved that the Commission adopt the amendments read into the record, including Section 143.003, number 14; 143.051, number 13, 143.073, number 1 through number 5, and in complete, Section 143.081. He also moved that the Director of Civil Service post and mail these amendments, as specified by the statutes. Vice - Chairman Monaghan seconded the motion, which unanimously carried. Vice - Chairman Monaghan asked for a motion to adjourn. Ms. Lynn noted there was another motion to be made. Vice - Chairman Monaghan apologized, calling for a motion based on the previous discussion in regard to the outside employment authorization. Commissioner Harris moved that the Interim City Manager revise the outside employment form, with the assistance of legal counsel. The Commission desires that a copy of this form be filed with the Director. The form should indicate that the Civil Service Director has reviewed it. Commissioner Harris also made a recommendation that the Interim City Manager coordinate with the Police and Fire Chiefs, and expedite the form back to the employees, and to never let that form coming to the Civil Service Director slow down that process. Vice - Chairman Monaghan seconded the motion, which unanimously carried. Commissioner Harris also made a motion to extend the time previously given to Chief Bachman for validation of physical agility testing for another two months. Vice - Chairman seconded the motion. The motion carried. Civil Service Commission Minutes of May 20, 2005 10. Adjourn. N Vice - Chairman Monaghan called for a motion to adjourn. Commissioner Harris so moved, seconded by Vice - Chairman Monaghan. The motion carried. The meeting adjourned at 5:44 p.m.