Civil Service Commission Minutes - 03/11/2005MINUTES OF THE CIVIL SERVICE COMMISSION
CITY OF WICHITA FALLS, TEXAS
MARCH 119 2005
Present:
Ben Filer, Chairman §
Commission Members
Bob Monaghan §
James Harris §
Bettye Lynn, Attorney 3
Dennis Bachman, Police Chief §
Laura Arnold, Deputy Chief, WFPD §
Lt. Eric Russell, WFPD § City Staff
Harold Lindsey, Fire Chief §
Earl Foster, Assistant Fire Chief §
Linda Merrill, Recording Secretary §
Carroll Wilson, Times Record News Editor § Media
Robert Morgan, Times Record News Reporter §
Prior to calling the meeting to order, Chairman Filer allowed Carroll Wilson to address
the Commission. Mr. Wilson stated that he had spoken with Gene Douglass, attorney for the
Times Record News. In their opinion, it would be illegal for the Commission to meet in the two
executive sessions noticed for today's meeting. He believes since Ms. Stricklin is leaving, or has
left, her employment with the City, it would be a moot point. He also believes the agenda notice
is insufficient in regard to a number of (unspecified) things. Also, he asserted that counsel at the
Freedom of Information Office and the Attorney General's Office believe that any agreement
with Ms. Stricklin is an open record. He opined there was no reason to go into executive session,
because there was nothing that involved lawyer /client privileges in terms of this meeting.
Mr. Wilson continued, warning that if the Commission went into executive session, he
has directed Mr. Douglass to file a lawsuit, naming each of the Commissioners. He avowed the
newspaper would win that litigation. He added that while he liked the Commission members, he
did intend to file criminal charges individually against them with the District Attorney's office
for violations of the Texas Open Meetings Act, if they meet in executive session. Chairman Filer
responded that in essence, Mr. Wilson was threatening the Commission. Mr. Wilson said it was
both a threat and a promise.
• Civil Service Commission Minutes of March 11, 2005 2
1. Call to Order
Chairman Filer called the meeting to order at 3:11 p.m.
2. Approval of Minutes
Chairman Filer called for a motion to approve the minutes of February 17, 2005.
Commissioner Harris so moved, seconded by Commissioner Monaghan. The motion carried.
3. Executive Session (Consultation with attorney regarding complaints/
comments involving the Civil Service Director, as authorized by Section 551.071 of the
TEXAS GOVERNMENT CODE)
Chairman Filer noted that Jan Stricklin was not present for the meeting due to illness.
The Commission would not discuss any item that concerns Ms. Stricklin in executive session.
The other part of discussion intended for executive session concerns continuation of the
comments gathered during the investigation, which prompted the Commission to make
recommendations for rule changes. He announced the Commission would adjourn to executive
session to discuss some of those rule changes.
Mr. Monaghan questioned whether they ought to take reports now from the Police Chief
and Fire Chief, since it was unknown how long the executive session would last. Chairman Filer
felt it best to adhere to the Commission's present agenda.
The Commissioners adjourned for the executive session at 3:13.
4. Reconvene in Open Session
Chairman Filer called the meeting back to order in open session at 3:28 p.m. Chairman
Filer noted that the Commission did not convene into executive session. It was determined that
discussions concerning the rules would be held under Old Business.
5. Old Business
Chairman Filer noted that during the investigation of the Civil Service Director, the
Commission recognized the need for changes to be made to the local civil service rules. The
Commission asked attorney Bettye Lynn to put together suggestions for a new set of rules that
match more closely Chapter 143 (of the TEXAS LOCAL GOVERNMENT CODE).
Ms. Lynn noted that she had discussed the proposed rule changes with the Fire Chief and
Police Chief. In turn, the Chiefs had shared this proposal with some of their top command, and
have requested a few changes. She noted that some of the rule changes are derived from the Fort
Worth Civil Service rules, as the Commission had expressed favor with those rules. The
Commission then went through the proposed rule changes on a page -by -page basis.
Civil Service Commission Minutes of March 11, 2005
3
• Page 15, Item 14, military service credits. Clarify that points are added to the passing
score of the civil service examination, rather than simply the "entrance exam."
• Item 16, seniority. Clarify that military service time counts as seniority time, and
would be counted as time worked for determining years of service.
• Item 12, Director. Clarify that the Director's duties to the Commission extend beyond
secretarial duties.
• Move 143.017 from page 7 to page 12 (under Item 17).
• Page 14, minimum eligibility requirements for firefighters. Chief Lindsey preferred
that 18 be the minimum permissible age for firefighters.
• Also, under Item L, Chief Lindsey requested the following italicized language be
added: "...preferably possess certification as a basic firefighter, as established by the
Texas Commission on Fire Protection or may become certified at time of
appointment... ". Chief Lindsey noted "certifiable" used to be the standard. An
individual would take the required courses and pass the state test, but would not be
certified until hired by a fire department, which paid the individual's commission and
registration fees. Now, an individual is certified once he /she passes the state test.
Individuals can now pay their own State certification fees.
• Item M reflects a change in the name of the Texas Department of Health to the Texas
Department of State Health Services.
Item 4, cause for rejection for firefighters and police officers. This item will probably
be separated for police and fire. Their standards are slightly different in some
respects. For instance, TCLEOSE refers to licensure, while the Texas Commission on
Fire Protection refers to certification.
Item G deals with un- adjudicated or deferred adjudication. Discussion was had
regarding treating a deferred adjudication as a conviction, for purposes of
disqualifying applicants or first -year firefighters.
• Item H concerns being hired or rejected. Chief Bachman requested some flexibility.
Preliminary language reads as follows: "The Police Chief may recommend, and Legal
Review may authorize, a variation of the above standards on a case -by -case basis."
Chief Bachman noted this is essential as there is such a variation as to who gets
prosecuted, depending upon the county of prosecution. Chairman Filer noted police
and fire personnel would be the best judge of those standards. The Commission wants
the rules to be a tool that works for the department.
• Page 17, Item L, disqualifier on various uses of drugs and narcotics. This item will be
separated for police and fire. Again, the language allowing the Police Chief to
recommend, and Legal Review to authorize, a variation of standards on a case -by-
case basis will be included. The phrase "or been convicted of ' is also to be added to
the second line of the last paragraph.
Civil Service Commission Minutes of March 11, 2005
V
• Item N, driving. This topic will also be divided into two sections, for police and fire.
• Item Q requires the deletion of the rest of the sentence following the word "process."
• Section S, concerning future licensing, will be deleted, as it could be confusing.
• Particularly for the police, it is suggested that Item V be included, which would read,
"[i]f applicant fails any part of the background investigation."
Item W, which will be relettered, will include, "[a]pplicant admits to polygraph
examiner information which would disqualify the applicant, or fails the polygraph
exam." Once more, the allowance for the Police Chief and Legal Review to take each
situation on a case -by -case basis will be included. This sentence will also be provided
for the Fire Chief.
• Item 024, order of entry -level application and exam process for police applicants.
Legal Review will be added after item 4. Item 2 requires the applicant to pass a
physical agility test, the details of which need to be spelled out. Chief Bachman noted
the police department would like to see the mile and a half run in 15 minutes; the
300 -meter run, the bench press, sit -ups, and a vertical leap. Ms. Lynn noted the
Commission would need to consider the impact on recruiting. Chief Bachman noted it
would impact female applicants. Chairman Filer asked how the current overall
population of the WFPD would perform under the Cooper standards. Chief Bachman
stated overall, probably not that well. There was discussion regarding standards for
existing officers. Chief Bachman understands there is no legal requirement to pay
officers to exercise to meet and maintain those standards. Cooper's does not
recommend different standards for men and women, but there would be a need for
standards based on age. Ms. Lynn suggested setting a standard among the current
officers on the force. Lt. Russell stated it is not a good idea to establish a norm among
the officers, because it allows for mediocrity. This item will require further
discussion.
• Item 24 will require that all background investigators shall be approved by the Chief,
and shall have completed background investigation training as prescribed by the
Chief.
• Item 024, number 3. An applicant can take a BPAD test twice, before being
disqualified for six months. Chief Bachman approved of this timeframe.
• Page 21, tiebreakers for the police department. Item C would be seniority and rank. D
would be higher certification; E, bachelor's degree; F, associate's degree. Item G
would be length of seniority in department; H would be the highest civil service
entrance exam, and I, the highest raw score. Chief Lindsey noted a problem with
using the earliest application time. Chief Lindsey also stated that Item B should
reflect the higher certification; whoever earned the higher certifications would appear
first on the list. [These requirements relate to promotions.]
Civil Service Commission Minutes of March 11, 2005
E
• Item 029, promotional exams. There will be no promotional exam unless a vacancy
exists, or a retirement or resignation has been announced.
• Page 24, Item 032, military personnel. The Department of Labor is requiring cities to
now make available promotional exams in remote locations, even in Iraq. The
military would provide for the proctor. The Civil Service Director would need to
figure a way to get the exam scored, so that the employee would have the right of
appeal before the Commission would meet to consider other appeals.
• Page 26. Tiebreakers for promotion. Chief Lindsey wants to include the phrase "civil
service" fire department in "most years of experience of a full -time paid firefighter
for a position in a [civil service] fire department."
• Page 28, Item 036, procedures for making promotional appointments. Suggested
language: "If the Chief has passed over an individual on the eligibility list and the
passed -over person is the only one that remains on the list, the eligibility list is
deemed exhausted, and the Civil Service Director may initiate procedures to conduct
an eligibility exam if a vacancy exists or is anticipated."
• Item 038 allows for retroactive promotion and pay if it takes longer than 90 days to
give an exam, have it graded and hear all appeals.
• Page 32, disciplinary actions. This mirrors the statute, with the addition of Item 1,
deferred adjudication or other deferred disposition.
• Item 5, discussion about separating the police and fire sections resulted in leaving the
language as currently written for both departments.
• Item 13, and also on page 33 (Item 1.C.) will include not only general orders for the
WFPD, but also special orders and directives.
• Working off suspended time will include the time banks of vacation, holiday and
compensatory time. This will allow for the department to remain fully staffed, rather
than having someone off on suspended leave without pay. This will also help the
officers' families not have to suffer with less pay. The officer will be forfeiting time
off by working. This option will be upon the employee's request or the Chief's offer,
and will always be at the Chief's discretion. Chief Bachman noted this would still be
in an officer's permanent record as a suspension.
• On page 41, when the local rules were written in 1947, they permitted the Chief to
make people work and not pay them, for disciplinary purposes. That is no longer
permitted pursuant to the Fair Labor Standards Act. Ms. Lynn will include some
language reflecting that Section 055 is no longer applicable.
• Page 34, appeal of a Chief's disciplinary action. A court case interprets the statute's
10 -day timeframe of appeal to be 240 hours from the exact moment the Chief serves
the action. Item I.D. will read, "[e]mployee shall give written notice to the Director
within 240 hours after receipt of the disciplinary notice, ... ". Ms. Lynn recommends
Civil Service Commission Minutes of March 11, 2005 6
both Chiefs, when they issue disciplinary action, to not only write their signature and
date, but also the time it was given to the employee.
Page 35, Item 7, limited discovery. Suggested language, "Only after receipt of a
subpoena may the Chief authorize copying and delivery of (the matters subpoenaed).
The Commission can also meet three days before a hearing to decide whether to
quash a subpoena.
Page 41, Section 056, concerns someone who has been charged with a Class A or B
misdemeanor or felony. The Chief could keep them on the roll, or give them a
temporary suspension. This puts the individual off work without pay, pending final
disposition of the criminal charge. Once the matter is finally adjudicated, the Chief
has 30 days to decide whether to keep or indefinitely suspend the officer. If the Chief
is unaware until the 31S` day that the matter has been finally adjudicated, the officer is
automatically reinstated. Suggested language: "[a]ll employees must notify the
department head of any arrest and any misdemeanor charge or felony indictment
within 24 hours of occurrence. An employee must report outcome of the arrest,
charge, or indictment within 24 hours of the final disposition."
• Page 45, Item 090. The phrase "private affairs" will be changed to "City -owned
equipment shall not be used for outside employment, unless permitted by the Chief."
Chief Bachman gave a rare example of the use of City -owned equipment when police
officers were hired to work off -duty to direct traffic on the new overheads. That
company reimbursed the City for the expense of using the patrol cars.
Ms. Lynn noted she would provide the Commission and Chiefs with a redlined version of
the changes discussed today. The physical fitness standards may be carved out of these rules
until decisions are made on that issue. She acknowledged that the Commission wishes to have a
public comment (in writing) period from the civil service employees. She intends to get this draft
completed and returned no later than Friday, March 18. The rules would then be given to the
civil service employees for review. There will be a ten -day window for public comments, ending
on March 28, 2005 at 5:00 p.m. The Commission's next meeting is scheduled for Friday,
April 1, 2005, at 3:00 p.m.
Lt. Russell noted there would be dissatisfaction if the version submitted to the civil
service employees at large is not redlined. Ms. Lynn noted she did not use the City's current civil
service rules, so it would not be possible to offer a redlined version.
Chief Bachman noted he would like to see the reference to the laws that are the basis for
the rules being established by the Civil Service Commission. Ms. Lynn noted that there will be
many laws that can and will be referenced (such as USERRA, FLSA, ADA), but there are some
Department of Labor regulations that are simply interpretations by the state -level officials, and
would be difficult to reference. Chairman Filer noted that Harvey King is the official for the
State of Texas.
Civil Service Commission Minutes of March 11, 2005 7
Chairman Filer asked if the rules would be placed on the City's website. Ms. Lynn noted
that she and Chief Bachman have been working on a packet that will be on the website that will
give applicants all the information they will need. Chairman Filer added that it would be
appropriate for the rules to be included, as well.
Chairman Filer then announced a ten - minute recess so that he could individually confer
with Ms. Lynn.
(Recess taken from 4:40 p.m. to 4:46 p.m.)
Chairman Filer announced the meeting back in session. He thanked the Police and Fire
Chiefs and their assistants for input into the rule changes. He looks forward to receiving
comments and suggestions from the rest of the civil service employees.
6. New Business
There was no new business to come before the Commission.
7. Report from Director
There was no report from the Civil Service Director.
8. Report from Police Chief
Chief Bachman stated the police department is at a pretty good staffing levels; it is about
five short. He hopes to get one of his officers back Monday who has been serving in the military.
He currently has three officers serving in the military.
Commissioner Monaghan asked how many officers are currently in the mini academy.
Chief Bachman said the last mini academy was extended from eight weeks to ten weeks, to
provide for further training. Those eleven officers are scheduled to complete that additional
training this Monday.
Commissioner Harris asked if those officers would then start the FTO Program. Chief
Bachman agreed, noting there are now some officers about to complete the FTO Program.
Lt. Russell noted those officers are in the second week of the evaluation phase. They will appear
before a board of review, to determine if they are qualified to be on their own.
Civil Service Commission Minutes of March 11, 2005 8
9. Report from Fire Chief
Chief Lindsey reported the Fire Department has been at 100% staffing levels for nearly
two years. They have one vacancy now, and he is anxious to have a test given for certifiable
applicants. He is retiring April 15, and that will be a second vacancy. He would like to be well
under way to giving a test by his retirement date, so that the department can stay at optimum
staffing levels.
Commissioner Monaghan asked if the new fire truck is now in action. Chief Lindsey
reported that the truck was built six months earlier than was expected. There was still "loose
equipment" to be ordered to accessorize the truck. In addition, in about 13 days, the department
is getting the new radio system. So they will hold off on getting the truck in operation until the
new radio system is installed.
Commissioner Monaghan asked how the switchover to the new radio systems would be
accomplished in the police squad cars. Chief Bachman stated the switchover should occur rather
quickly, with some being switched out every day.
Lt. Russell stated the portables would be issued first. Their coverage is supposed to be of
such high quality that those who don't have the new radios in their car can operate solely on the
portable radios.
Chief Lindsey encouraged the Commission members to attend the open house of the
training center this coming Sunday. He noted there were a lot of new things happening; some
good, some unknown. It's a new beginning, and the revision to the local rules is certainly a step
in the right direction.
10. Executive Session (Consultation with attorney regarding complaints/
comments involving the Civil Service Director, as authorized by Section 551.071 of the
TEXAS GOVERNMENT CODE
Chairman Filer noted that there was no need to conduct this scheduled executive session.
11. Adjourn
Chairman Filer asked for a motion to adjourn. Commissioner Harris so moved, seconded
by Commissioner Monaghan. The motion unanimously carried.
The meeting adjourned at 4:55 p.m.
/en Filer, CligWman