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Civil Service Commission Minutes - 01/25/2005MINUTES OF THE CIVIL SERVICE COMMISSION CITY OF WICHITA FALLS, TEXAS JANUARY 25, 2005 Present: Ben Filer, Chairman § Bob Monaghan § Commission Members James Harris § 1. Call to Order Chairman Ben Filer called the meeting to order at 4:00 p.m. 2. Approval of Minutes Chairman Filer called for a motion to approve the minutes of January 22, 2005. Mr. Monaghan so moved, seconded by Dr. Harris. The motion carried. 3. Executive Session The Commission then adjourned to a brief executive session. 4. Reconvene in Open Session Chairman Filer called the meeting back to order in open session. 5. Deliver Report Chairman Filer cautioned the audience to maintain proper decorum while the Commission presented the report of its investigation into complaints about the Civil Service Director, noting that if anyone disturbed the meeting, Chief Bachman would be asked to remove such individual. Chairman Filer then read the entire report verbatim in open session. A copy of the report is attached hereto and incorporated herein for all purposes. 6. Executive Session The Commission then adjourned to a brief executive session. 7. Question and Answer Session with Media Brent Wistrom of the Times Record News asked how the Commission was able to determine that the Civil Service Director had no intent in her actions, or that her actions were VP Civil Service Commission Minutes of January 25, 2005 2 inadvertent. Chairman Filer stated that conclusion was based on the facts presented, and upon the interviews conducted. Mary Joseph of New Channel Six asked what information the Commission had regarding their allegation of hazing by the in -house training staff during physical fitness training. Chairman Filer stated that was not an allegation, but an observation. The Commission received information during the interviews, as well as from candidates going through the process that some of the physical training requirements were more stringent than was required to become certified. Andrea Burnett of Channel 3 asked if the Commission felt there had been a conspiracy among the complainants, as many of the complaints were overlapping. Chairman Filer chose to use the word conspiracy, but rather, collaborative. There were 82 issues alleged in this investigation. Of those, 51 were filed by three people, and those complaints divided into three categories: those over which the Commission had jurisdiction; those over which the Commission had no jurisdiction; and those concerning promotions. Ms. Burnett continued, asking if current candidates will be expected to complete the physical standards currently imposed by the in -house mini - academy. Chairman Filer reminded the audience that no candidate would be dismissed based on their inability to not meet physical fitness standards that are not in the rules. The level of fitness requirement will be worked out with Chief Bachman. Ms. Burnett then asked about a particular candidate who was injured in the academy, stating that it is alleged he had disabilities before he entered the academy. Chairman Filer, after conferring with Attorney Bettye Lynn, stated he could not comment on any particular individual due to confidentiality rights of those persons. He stated there were six people who have been iniured in the past year in the mini - academy. There were no more questions. 8. Adjourn. Chairman Filer thanked everyone who came before the Commission for their input, and acknowledged the time and effort put forth into researching facts and figures. He then called for a motion to adjourn. Mr. Monaghan so moved, seconded by Dr. Harris, and the meeting adjourned at 5:08 p.m. v CITY OF WICHITA FALLS CIVIL SERVICE COMMISSION REPORT ON INVESTIGATION Prepared by: Wichita Falls Civil Service Commission January 25, 2005 CITY OF WICHITA FALLS CIVIL SERVICE COMMISSION REPORT ON INVESTIGATION INTRODUCTION In the fall of 2004, the Wichita Falls Civil Service Commission undertook a broad scale investigation because of complaints that had been levied at numerous actions of the Civil Service Director, Jan Stricklin. The Commission invited all interested persons to submit complaints /comments in writing. Eighteen persons (16 from the Wichita Falls Police Department) filed written complaints /comments with the Commission, covering approximately 82 matters. Many of the complaints overlapped each other, and many were duplicative. The Commission notes at the outset that the similarity of many of these complaints raised a question about whether a collaborative effort had occurred. The complaints /comments, responses and supplementary written documents comprised well over 3,000 pages which the Commission has reviewed during its investigation. The Commission first categorized the complaints /comments into three areas. There were 17 complaints /comments regarding promotional issues. Twenty -five (25) complaints dealt with concerns over which the Commission had no jurisdiction, Forty (40) complaints /comments related to other issues over which the Commission has jurisdiction, primarily the hiring process for new Wichita Falls Police Officers. The Commission forwarded to the City Manager, Mr. Berzina, 25 of the 82 complaints /comments over which it had no jurisdiction, such as those complaining about wages, health insurance and the like. 2 After reviewing and categorizing the complaints /comments, the Commission contacted many of the individuals, who had submitted them, for follow up information and/or documents. This follow up was completed in mid - December 2004. Following receipt of the supplemental material, the Commission began conducting interviews of several of the persons who had filed complaints /comments, including former Police Chief, Ken Coughlin. The Commission also interviewed Mr. Berzina, and several other City officials who possessed pertinent information, including the current Fire and Police Chiefs. Ms. Stricklin submitted written materials, which the Commission reviewed, and the Commission interviewed Ms. Stricklin on three different occasions. Massive amounts of time have been spent by the Commission and the Civil Service Director while the investigation has been underway. The Commission has held 14 meetings that have consumed approximately 160 man - hours. In addition to determining whether the Local Civil Service rules have been violated, the Commission has spent a considerable amount of time considering what changes, if any, should be adopted to improve the various processes over which the Civil Service Commission has jurisdiction. ALLEGED CONFLICT OF INTEREST One comment/complaint alleged that having the same person hold the positions of Civil Service Director and Director of Administrative Services posed a conflict of interest, and that the Commission should select a different Director, as a result. The Commission rejects this suggestion, as it does not find a conflict of interest arising with one person holding both positions. The Commission has surveyed how other Texas civil service cities assign the Civil Service Director's duties, and learned that with the exception of a few cities, the others combine the duties of Civil 3 Service Director with the position of Human Resources Director. The duties of the two positions are complementary and compatible and present no inherent conflict. The Civil Service Director's position was not created under Chapter 143 to be an advocate for employees of the Police and Fire Departments. Instead, the Director is to administer the day -to -day duties prescribed by the Commission and Chapter 143. The Commission also failed to discover any evidence that Ms. Stricklin has interjected political influence into the administration of the civil service process or into the Police Department, as another complainant/commenter alleged. ALLEDGED VIOLATIONS REGARDING PROMOTIONAL PROCESS Approximately 17 of the complaints /comments received by the Commission called into question certain of the processes and outcomes of numerous promotional examinations all the way back to 1988. When promotional examinations are administered by the Civil Service Director, any person may file an appeal of any aspect of the examination process. The employee must file the appeal within five days after the examination, and the Commission holds a hearing and rules on each appeal. After reviewing all the information provided by the various complainants /commenters, the Commission concluded that either: (1) all the issues had already been raised and dealt with by the Commission at the time of the particular examination; or (2) the matter could have been raised by the employee at the time of the promotional examination, but was not. The Commission had also previously responded to at least one inquiry from one of the employee Associations regarding promotional processes. 4 The Commission considered that if it began to look into issues which had not been raised at the time, of the particular promotional examination, any changes and/or remedies it might make now could be harmful to those employees who have already been promoted from the resulting eligibility list. Thus, the Commission concluded that because all employees had the opportunity to raise all issues regarding their concerns over promotional examinations, even if they did not do so, the Commission would not go back in time and try to remedy any perceived error. The Civil Service Commission's past practice has been to administer promotional examinations for all ranks every year, regardless of whether a vacancy occurred in a particular rank. This practice, the Commission notes, has caused much additional work for the Director in preparing, grading and scheduling appeals before the Commission. Thus, the Commission is today announcing a change that will require that promotional examinations be given only when a vacancy occurs or a retirement or resignation has been announced in advance. It was brought to the Commission's attention that many employees have, through the years, obtained copies of questions, which have been asked on prior promotional examinations. Through the appeal process, during which employees may inspect and review their tests in order to file appeals, employees have apparently memorized and copied questions. In order to add integrity and confidence to the promotional system, the Commission will be looking into this further. The Commission is also concerned about reports that officers use the promotional test appeals process to memorize tests. The Commission will consider altering its Rules regarding review of test materials. L' Even though the Commission does not find fault with the way the Director has prepared or stored promotional test questions in the past, the Commission has decided to consider further a suggestion that promotional test materials be purchased from an outside source. Purchasing promotional tests from an outside source could free up the Civil Service Director, whom everyone recognizes is stretched thin with her various duties on behalf of the City. Using outside tests could also eliminate the concern about memorizing test questions. The Commission notes that it had previously given authority in 1997 to the Director to make judgment calls when administering promotional examinations. A few of the issues raised in the complaints /comments regarded specific judgment calls made by the Civil Service Director that the Commission either affirmed at the time or that were not appealed by the officer. In summary, the Commission has decided not to disturb its earlier rulings in regard to promotional examination issues, and declines to reopen matters which could have been appealed at the time of the examination, but were not. In the future, when reviewing and revising the Local Civil Service Rules, the Commission will clarify some of the issues that were stated in this group of complaints /comments. The Commission did not find that the Civil Service Director had intentionally violated any of the statutory or Local Rules' provisions regarding promotions. Allegation Regarding Lack of Seniority List One complaint/comment regarded the Civil Service Director not issuing an accurate seniority roster for the Police Department. on Nothing in Chapter 143 requires the Commission to issue a seniority list in any particular format. No previous Civil Service Director issued a seniority list, and such a requirement has never been included in the Local Rules. In particular, there is no requirement that the seniority list include test scores and ranking. The only reference to a seniority list is in Chapter 143.008(d), which requires the publication of a seniority list for the Police and Fire Departments. The Commission concludes that the Civil Service Director did not intentionally fail to issue a seniority list. In fact, the Police Department has a seniority list posted for its use. However, the Commission will amend its Rules and Regulations to provide for the creation and publication of a seniority roster. It is up to the Police and Fire Departments to determine what seniority rules they wish to use, e.g., seniority by rank and/or assignment and/or departmental seniority, for the various decisions in the Departments which are based upon seniority. It is not within the province of the Commission to establish those Guidelines, and the Police Department may maintain its own seniority list to reflect the various categories listed above. Allegations Regarding Active Duty Military Personnel Three complaints /comments were received regarding the status of and/or treatment of military service personnel, who are on active duty at the present time, or who have been in the past. These employees have been called to active duty, and continue to work as Wichita Falls Police Officers. The Commission hds learned that the civil service employees' continuing to work was based upon legal advice and an agreement executed by the City and Sheppard Air Force Base. The Commission has also learned that the federal statute dealing with veteran's rights, USERRA, is very protective of veteran's status, and more importantly, "trumps" or overrides any contrary state or local legislation. Furthermore, nothing in Chapter 143 prevents an officer from working for the jurisdiction while simultaneously serving on active duty in the military. It should further be noted that Police Department employees who sought to take promotional examinations during the time they were serving on active duty were permitted to do so, as such is required under federal law relating to veteran's job rights To agree with the complainants /commenters on these allegations would penalize the officers serving in the military. Therefore, the Commission declines to take any action at this time that would call into question the agreement already reached and the supremacy of the federal law regarding these complaints /comments. Thus, the Commission did not find that the Civil Service Director violated Chapter 143 in dealing with Police Officers serving in the Military. Allegations Regarding Hiring Process Approximately 30 of the complaints /comments, many of them repetitious, centered around the Director's alleged failures to comply with the civil service hiring process in the Police Department, as spelled out both in Chapter 143 and the Local Rules and Regulations. It became quite clear to the Commission during its lengthy interviews that certain persons in the Police Department, including the former Chief, disagreed strenuously with the City Council's decision to move all recruit level training to the Vernon Academy, rather than conducting it in- house. Approximately 5 police officers are assigned to the Police Department's Training Division, and it appeared to the Commission that those individuals and the former Chief felt the need to engage in a "turf battle," perhaps in order to avoid reassignment of the training officers to other duties in the Department. The bulk of the complaints against the Civil Service Director came from a very small number of persons in the Department regarding the hiring process. At the outset, the Commission acknowledges that it has absolutely no jurisdiction over the decision of where recruits are to be trained. Its jurisdiction lies, instead, with determining whether the hiring process meets civil service requirements. The Commission also notes that the City's decision to transfer recruit training to the Vernon Academy coincidentally collided with one of the largest, if not the largest, vacancy rate in the history of the Wichita Falls Police Department. In early 2004, the Police Department found itself with approximately 30 vacancies. All who were interviewed agreed this was most unusual. Quite a lot of pressure was placed upon the Civil Service Director to quickly find 30 qualified persons who could either be trained at Vernon and become certified or who were already certified and could complete an in- house mini - academy and be placed out on the street more quickly. 1. Civil Service Examination Notice Approximately a dozen complaints, many of them repetitious, were levied about the Civil Service Director having erred in posting notices. The Commission found only two minor violations of the numerous posting requirements contained in Chapter 143. The Commission became aware of the use of an improperly worded notice for entry -level civil service examinations, which contained a reference to a "promotional examination ". The Director used the same notice that was used for other promotional examinations, even though the entry -level examination is not a promotional examination. The Director has indicated that this Z technical error has been rectified. The Commission also found that the duration of the eligibility list was not placed on the Notice, but was instead placed on the eligibility list itself, as had been the practice for more than 20 years. This technical error has been rectified for the future, according to the Civil Service Director. The Commission has concluded that no one was harmed by the two inadvertent mistakes. The Commission has also concluded that all persons hired as entry -level Police Officers pursuant to such notices are in fact properly hired Police Officers of the City of Wichita Falls. The Commission also received complaints /comments that a civil service test was administered without the proper ten -day notice being given, i.e., that the notice was backdated by the Civil Service Director for an examination set for June 4, 2004. After investigating the circumstance of the posting of the notice, the Commission has concluded that the posting was done in conjunction with requests from the Police Department regarding events already scheduled, including a graduation ceremony for those who passed the examination, which made it impossible to give the 10 -days' notice of the examination. However, the Commission also determined that no one was injured by the shorter notice period, and that the alleged "back dating" of the posting occurred at the request of the Police Department administration. The Civil Service Director has given the Commission assurance that such requests to accommodate events already scheduled by the Police Administration will not occur in the future if such accommodation will result in fewer than 10 days elapsing between the posting of the notice and the examination. 10 2. Limitations on Hiring Another issue raised by several complainants /commenters was the legality of limiting the hiring process only to applicants who already possess a certification from TCLEOSE or who are certifiable by TCLEOSE. Although the Director indicated that hiring has not been so limited, the Commission believes that under the statute it is permissible for the City's Police Department to hire only certified or certifiable candidates. This may be done, so long as the entry -level process is not closed to other applicants, as the statute requires that the process be "open, free and competitive." The Commission finds that the present process is open to all qualified applicants. The Commission will, in the future, indicate that "preference will be given to certified and certifiable applicants" for Police Department entry -level positions. 3. Elimination of BOLPO Examination. For over 20 years, the Civil Service Commission's Rules had called for administering the BOLPO examination as the first step in the process of eliminating applicants and establishing an eligibility list. The Commission learned that early in May 2004, after receiving questions from an employee Association, the BOLPO examination was eliminated as one of the screening devices. The Commission did not, however, modify its Rules and Regulations at that time to reflect the elimination of the BOLPO. It appears, however, that the Director eliminated the BOLPO examination upon receipt of legal advice. Another written examination, which was called the "civil service examination," was administered to all applicants, thus meeting the statute's requirement that all candidates take a written, competitive examination. The Commission also learned that at one time veteran's points ii were added to the BOLPO score, rather than to the civil service examination. However, the Commission did not find that this inadvertent error negatively affected any incoming officer's placement on an eligibility list. Also, the BOLPO score was recently dropped as one of the tiebreakers on promotional examinations. 4. Administration of B -Pad Examination The Commission received several complaints regarding administration of the B -Pad examination to applicants. Presently, applicants are permitted to take the B -Pad an unlimited amount of times, and this is not regulated in the Civil Service Rules. The Commission will consider, when revising its Local Rules, whether to impose a maximum number of times which an applicant may take the B -Pad examination before being disqualified for a stated period. There was an allegation that the same assessor graded two applicants' B -Pad Scores twice, which is contrary to the normal practice. The Commission found that in those two instances, the regrades of the applicants were done by the same individual. However, these situations appeared to be inadvertent and did not affect the applicants' eligibility to continue on in the process. The Commission did not find that any applicant's B -Pad score was "fixed" by anyone. In fact, these two applicants were rejected after the rescoring of their B -Pad tests. The Commission also considered allegations that B -Pad scoring was inconsistent with written comments found upon the B- Pad scoring sheets. In one instance, this appeared to be the case. The Commission did not find that the seemingly inconsistent comments affected this applicant's eligibility prospects. The Commission likely will address the training and re- training of 13- Pad assessors when it revisits the local Rules. The Commission 12 encourages the continued use of assessors from inside and outside the Police Department to assess Police applicants. There was an allegation that the Director had lowered the hiring standards by reducing the passing score for the B -Pad test. No evidence was discovered to support this allegation. The Commission will, however, in conjunction with advice from the B- Pad vendor, consider whether the current passing score is set appropriately. Finally, an issue arose regarding whether the city is in violation of its licensing agreement with B -Pad. The Commission's investigation did not reveal any intentional violation of the licensing agreement. Nevertheless, out of an abundance of caution, the Commission has referred the matter to the City Attorney for review. 5. Administration of Physical Agility Tests Several complaints /comments were received regarding the physical agility test for entry -level Police applicants. After interviewing several witnesses, it appears there is no proof that any applicant was assisted by anyone in completing the examination. There is no evidence that any applicant's agility test results were "fixed," and the Commission found no lack of test monitors during the process. The Commission did, however, discover that changing the site of part of the test apparently caused different equipment to be used on some parts of the test. This, in turn, resulted in different measurements of certain physical exertions. The Commission also concluded that Police officials felt excluded from the physical agility testing process, and as a result, were skeptical of the results. It also came to the Commission's attention that certain 13 officers were present during at least one of the physical agility tests to watch the tests being given. According to eyewitness reports received by the Commission, several of the officers heckled the participants and in at least one instance, intentionally misdirected an applicant who was running the quarter mile test. It was reported that the police officer observers appeared to intend to intimidate the applicants, and were successful in doing so. Such conduct cannot be tolerated in the hiring process in the future! The Commission has passed this information on to the Chief of Police to determine what, if any, action might be warranted. The Commission has also concluded that the current requirements of the physical agility testing process may not accurately reflect the needs of the Police Department, and the Commission intends to study and revise this part of the testing process, with input from the Police Department. At a minimum, the Commission encourages use of the new training facility for administering future physical fitness examinations. The Commission itself has raised a concern that the Police Department may have established its own, separate physical examination "standards," by requiring new officers to complete certain physical requirements that have not been approved by the Commission. These so- called "standards ". are being used to screen out recruits during the in -house mini - academy. The Commission has great concerns over the method of physical fitness training presently in effect in the mini - academy. The Commission believes that a faction of the training division has taken it upon itself to impose "standards" of fitness that border on hazing. It appears that the "standards" are being applied on an inconsistent basis. The Commission has already begun the process of studying this issue, and will work with the Police Chief to determine what those physical fitness standards should be. 14 6. Timing of Civil Service Eligibility Test The Commission received complaints /comments that the civil service eligibility test is not given in proper sequence. It appears that the written examination is given after an applicant has successfully completed the B -Pad, the physical agility test and the academy (if the applicant is not already certified). Those applicants who score 70 or better on the civil service written examination are then placed on an eligibility list according to their score. If they do not successfully pass the remaining screening devices, i.e., medical and psychological, legal review, Chief s interview and polygraph, they are removed from the list and are sent a letter to that effect. At the present time, the Commission does not believe that any violation of the statute or Local Rules has occurred in regard to the timing of the written examination. There is nothing in Chapter 143 which regulates the sequence of testing which a Commission may use to determine eligibility, so long as an eligibility list is created using only the written test (with veterans points added) as the ranking device. When the Commission begins its process of reviewing the current Rules and Regulations, it will consider whether to continue the written civil service eligibility test as it is currently given and also the sequence of the various tests. 7. Background Investigation Several complaints /comments were lodged with regard to the process of conducting background investigations. It appears that a backlog of investigations needing completion occurred as a result of trying to finalize the selection procedure on as many candidates as possible in the shortest time period. This resulted in using some Warrant Officers in the Municipal Court to assist in background W, checks. The then Chief of Police agreed to the use of those Warrant Officers he approved to assist in reducing the backlog of investigations. It appears that despite the then Chief s approval of certain Warrant Officers to conduct the background checks, some of those checks may have been incomplete. It is, however, unclear whether all the incomplete checks were done by Warrant Officers. In order to improve the quality of background checks, the Commission believes that all persons conducting them should undergo training approved by the Police Chief. The Commission also learned of some confusion about the tasks performed during the background check. It appears that the background investigators do not always, and perhaps never, actually talk with the applicant they are investigating. In other words, they do not clear up any questions that may arise as they learn information from other sources. Instead, this seems to be left for the polygraph operator to do. The Commission believes that the investigators should have at least one conversation, at a minimum, with the applicant, some time during the background investigation process. This would help to clear up any questions that may have arisen. This could also save a substantial amount of time for the polygraph operator, who will not always have to clear up the questions which the investigators have not completed. The Commission believes that the background investigators should ask the same set of questions that the polygraph operator uses during his pre - polygraph interview, in order to expedite the entire process and reduce the amount of time the polygraph operator must take with each applicant. The Commission notes that the Local Rules, as presently written, permit the Chief to decide how and by whom background investigations will be conducted. The Commission has not yet 16 discussed whether this provision might need to be altered. As a practical matter, however, the Commission may consider requiring that each person conducting background checks for police officers undergo a specific training class for that purpose. The Commission has also learned that certain background investigators may have applied inconsistent standards in recommending whether certain applicants should be disqualified from further consideration because of past drug use. The Commission believes that the selection process is best served in the future by determining exact standards and applying them evenly to all applicants. The Commission will consider recommendations from the Police Chief as it revises the Local Civil Service Rules. The Commission does not find that the Civil Service Director engaged in any violation of Chapter 143 or the Local Rules in regard to the background checks. 8. Polygraph Examination The Commission received input from several persons concerning the timing and results of the polygraph examination. At the present time, the Commission believes that the polygraph is a valuable tool in the selection process. It will likely ask that the written reports of the polygraph examiner be shared with the Chief of Police, the background investigator and the Director of Civil Service. The Civil Service Director did not violate Chapter 143 or any Local Rules in regard to the polygraph examinations. 9. Timing of Conditional Offer of Employment There was an allegation that certain examinations were performed on some applicants prior to their receiving a conditional 17 offer of employment, which was felt by some to be a violation of federal law. The Commission found that in a small number of instances, due to scheduling difficulties and communication problems, a few applicants were administered the examinations before receiving a conditional offer of employment. Fortunately, as of this date, no negative consequences have occurred as a result of these inadvertent errors. The Commission could not, however, ascertain that the Director of Civil Service was solely responsible for these occurrences. Moreover, the Commission has already discussed with ._several persons involved in the hiring process the timing of the conditional offer of employment. When the Local Rules and Regulations are amended, it is likely that the Commission will alter the sequence of elements of the testing, so as to preclude this situation from occurring in the future. 10. Payment of Recruits for Academy Training The Commission received several complaints /comments regarding the need to pay new recruits while they are attending training at Vernon College to become certified. The Commission does not take a position on this suggestion, because it is not within its jurisdiction. However, the Commission notes that in the private sector, individuals are usually required to already possess qualifications, or attend classes on their own time and at their own expense, in order to become employed. 11. Quality of Training for Recruits at Vernon College Several complainants /commenters noted their opinions that the quality of training provided at Vernon College is not the same quality as was provided through the Department's in -house Academy. Again, the Commission has no jurisdiction over how candidates are trained. However, the Commission reviewed materials indicating that most cities are now hiring candidates who have attended TCLEOSE - certified academies outside their Departments. For the most part, only in the largest cities in Texas is in- house training still an option. The Commission also received evidence that several members of the WFPD serve as instructors at the Vernon Academy. If that continues to be the case, then the quality of the training should be on par with that provided in- house. 12. Lack of Physical Fitness Training During Academy One area was brought to the Commission's attention, over which it has no jurisdiction, but does wish to comment. Several complainants /commenters believed that the Vernon Academy is deficient because the attendees are not provided physical fitness training, even though they are subjected to strenuous physical requirements once they attend the in -house mini - academy upon certification and hiring by the City. The Commission is still unsure whether anyone from the City's Police Department serves on any type of advisory panel at Vernon College. Even though this is not within the Commission's jurisdiction, the Commission recommends that such participation be encouraged and become a permanent feature. Even though not within the Commission's jurisdiction, the Commission also recommends that the City consider whether the Vernon College curriculum will permit any additional time be added to permit physical fitness conditioning on a periodic basis by the attendees. It is apparent from the Commission's interviews that the physical condition (or lack thereof) of new recruits is an especially sore point among many complainants /commenters. It appears this sore point has been spread among all members of the Department, thus resulting in many persons believing that new recruits are unable to perform the physical duties of their positions. This has been exacerbated by the fact that more than one new 19 officer has been injured during physical training conducted in the in -house mini - academy. 13. Error in Assigning Veteran's Points One allegation was lodged that the Director added only 4 veteran's points instead of 5 to an entry -level examination. After considering all sides of this story, the Commission concludes that the adding of 4 points was an inadvertent error, which was rectified as soon as it was discovered by the Police Department, before the eligibility list was posted. The Commission also concluded that the inadvertent error did not negatively affect the particular applicant, who presently works for the WFPD. The Director indicated she has prepared a form for all veterans to complete to assure that proper veteran's points are given on the entry -level examination. 14. Confusion Regarding Eligibility Lists Several allegations concerned the existence of more than one eligibility list at the same time, which is not permitted by the statute. The Commission did not, however, find this allegation to be true. Rather, it appeared that all applicants on an eligibility list were either stricken from the list or had received conditional offers before another list was created. It was also discovered, that several lists followed on each others' heels, as the Director attempted the task of filling the 30 vacancies which existed in 2004. Another allegation regarded an eligibility roster dated November 10, 2003, in which the hire dates were mistakenly typed into the column titled "length of service in present rank." The Civil Service Director indicated this was a typographical error, which was not brought to her attention by Chief Coughlin or anyone else at the time the list was posted. The Commission finds that no harm occurred to any applicant as a result of the hire dates being typed in the wrong column. 20 CONCLUSION Minor Violations Found After scrutinizing the complaints made of violations of the Civil Service Statute and/or the provisions of the Wichita Falls Civil Service Commission's Rules and Regulations, the Commission found that the Director had been responsible for 4 violations, as follows: 1) The Civil Service Director did not publish a seniority list, nor did her predecessor or any other former Civil Service Director. The Police Department, however, has for many years created its own seniority list to use when seniority was a factor in decision - making. There was no evidence that the Civil Service Director intentionally failed to create the seniority list. The Civil Service Director will be instructed to create both Police and Fire Department seniority lists. 2) The Civil Service Director did not send to the City Manager a record of certification and appointment following the appointment of a person to a position in the Police or Fire Department. The Director's predecessor did not provide such a record either. There was no evidence that the Director intentionally failed to prepare such a report or supply the City Manager with this information. The Director supplied the required information to the Police Department in several documents. The Civil Service Director has prepared a form containing all the information to use in the future to meet this statutory requirement. 3) The Civil Service Director erroneously wrote the period during which an entry -level eligibility list was to be effective on the Eligibility List itself, rather than on the Notice of Examination. The Director indicated this practice had been followed by her predecessor. The Civil Service Director has indicated she will 21 change this practice in the future. 4) After receiving a complaint from the CLEAT Association, the Civil Service Director eliminated the BOLPO entry examination in the spring of 2004, upon receipt of legal advice. The Civil Service Commission did not vote at that time to eliminate it; however, the Commission will ratify the Director's action. The Commission has not learned of any applicant who was harmed because of the decision to eliminate the BOLPO examination. The Civil Service Director did not post the Notice of Examination for entry -level examinations in the Commission's office, even though it was posted in plain view on a bulletin board located in the main lobby of the City Hall, as required by the statute. However, in Wichita Falls, the Civil Service Commission does not have an office so therefore we did not view this as a violation of Civil Service Law. After careful consideration, the Commission has decided that these violations do not rise to the level of intentional misconduct that would warrant the removal of the Civil Service Director. Commission Concerns (1) The Commission is troubled that concerns raised during this investigation were not brought to its attention earlier. The Department Chiefs have access to the Commission during its meetings and are always welcome at any time to bring forward their concerns. (2) Although not within the Commission's jurisdiction, the Commission is also concerned that some Police Department employees appear to be resistant to the Pia contract with Vernon College to provide recruit training. The Commission encourages the Chief in his efforts to make this difficult transition successful. (3) The Commission also wants to make it clear that hiring standards in the Police Department have not been lowered. For example, the Police Department, the Civil Service Director and her staff processed over 700 applicants in 2004 in an attempt to fill approximately 30 vacancies. The Commission does not view this as an indication of lower standards. (4) The Commission is concerned that both employees and applicants may be publicly discussing other persons' medical histories. These discussions, if they are occurring, should cease immediately. Medical records must be held in the highest of confidence. The Commission has similar concerns about publicly discussing information gathered during background checks, as such information may be confidential and could lead to litigation if openly discussed. Action Items The Commission hereby takes the following actions as a part of its Report: (1) It was determined that the physical fitness "standards" being imposed during the mini - academy have not been approved by the Commission. The Commission has determined that no recruits will be dismissed from the mini - academy for failure to meet "standards" which were not approved by the Commission. For now, recruits will be expected to demonstrate improvement in physical fitness, as the Commission and the Police ON Chief work together to establish job- related standards. The Chief concurs with this action. (2) The Civil Service Director shall compile information containing the present hiring process and the entry -level physical agility test measures. The information will be published in print form and be available on line. This action should ensure that future applicants know the standards before they apply. (3) On all postings for entry -level police officer, the qualification of "certified or certifiable as a Texas Peace Officer" shall be stated as a preferential requirement. (4) The Chief will immediately assign an appropriate officer to serve as an assessor on each applicant's B- Pad test. (5) The Chief will immediately assign an appropriate officer to be part of the Civil Service Director's team that administers physical fitness examinations to applicants. (6) Effective immediately, all promotional examinations will be held only when a vacancy has occurred or a retirement or resignation is announced. Study materials should remain posted at all times. (7) The Commission hereby ratifies the earlier action of the Civil Service Director in eliminating the BOLPO examination from the entry -level testing process. BOLPO scores are hereinafter deleted as a tie - breaker in the entry -level hiring process. 24 The Commission declares that its investigation of the Civil Service Director is officially closed. The Commission will devote its efforts in the next several months to amending the current Local Civil Service Rules and Regulations. Dated this 25th day of January, 2005. Ben Filer, Chairman Dr. James Harris Robert Monaghan 25