Civil Service Commission Minutes - 02/05/20041
MINUTES OF THE MEETING
CIVIL SERVICE COMMISSION
February S. 2004
1. Introductory paragraph:
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CITY CLERK'S OFFICE
Date
By Time ,nom
Today's meeting is a scheduled meeting in the appeal hearing of
Local Government Code 143.081- Determination of Physical Fitness
of Police Officer Scott Higgins. Attendance is as follows:
Commission Present
Ben Filer, Chair
Dr. James Harris, Commission Member
Bob Monaghan, Commission Member
Jan Stricklin, Director of Civil Service
Commission Absent
None
Commission Staff
Julia Vasquez,
Senior Asst City Attorney
Call to Order:
Staff Liaison
Lupe Esquibel
Item #1- The meeting of the Wichita Falls Fire Fighters and
Police Officers Civil Service Commission was called to order by
Commission Chair Ben Filer at 3:00 p.m.
Item #2- Ben Filer stated he had read the meeting minutes of
September 5, 2003, and made a motion to approve the minutes. Dr.
Harris seconded the motion and the motion passed.
Item #3- Mr. Filer stated the Commission was ready to hear Item
#3, Local Government Code 143.081 - Determination of Physical
Fitness of Police Officer Scott Higgins. Mrs. Stricklin passed
out copies of Chapter 143.081 to the commission members. Mrs.
Stricklin stated that in the previous meeting on Officer Higgins
three physicians were named by the Civil Service Commission to
evaluate his medical condition. Dr. David Harris evaluated
Officer Higgins and made a determination that Officer Higgins
should be confined to a desk job as long as he was on the
Duragesic patch. Mrs. Stricklin stated that a police officer
should perform his duties without narcotics in his system. She
then summarized Officer Higgins injury of 05/19/99, that he had
exited his patrol vehicle and felt a sharp pain in his back and
his first day off work was 05/21/99. Mrs. Stricklin then stated
that Officer Higgins had a fusion on his back on 07/31/00 and
then entered rehabilitation. Dr. Scott Shaffer, pain management.
doctor, wrote a letter dated 07/09/01 recommending that Officer
Higgins be released to full duty while actively utilizing a
Duragesic patch. Mrs. Stricklin then gave a line history of
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treating doctors and referral doctors appointments. On 08/01/01,
a letter was mailed to Dr. Scott Shaffer requesting to know what
the side effects would be while Officer Higgins would be on the
patch and how it would affect his working abilities. On
09/26/01, Dr. Shaffer responded and stated that with the City of
Wichita Falls' employment policy that employees cannot use any
prescribed narcotics while on active duty, Officer Higgins would
have to discontinue using the Duragesic patch although his pain
may significantly rise. Officer Higgins was examined by Dr.
David Harris on 12/18/01 and his recommendation was that Officer
Higgins have a desk job with minimal confrontations as possible.
On 01/24/02, Officer Higgins was allowed to return to full duty.
On 04/25/02, Officer Higgins began using personal time for days
off work again. On 06/24/03, Officer Higgins had surgery to
remove the hardware that had been implanted and is currently
using the Duragesic patches and lozenges. Mr. Stricklin stated
that Officer Higgins has not worked from 05/19/03 to present.
Mrs. Stricklin explained Officer Higgins work time verses time
off from work for the last five year period. Mrs. Stricklin
stated that the Civil Service Commission board needed to select
three physicians, for all three physicians to evaluate Officer
Higgins and make the determination if Officer Higgins can or
cannot come back to work as a police officer. Mrs. Stricklin
asked Police Chief Ken Coughlin to speak before the Commission.
Chief Coughlin explained the time off Officer Higgins has been
off for the last five years. Chief Coughlin explained the time
line involving all the injuries Officer Higgins has had for years
preceding this five year period, including the current injury.
Mrs. Stricklin explained that the City of Wichita Falls is self -
funded and self - administered on Workers Compensation and that
Officer Higgins would be covered for lifetime medical expenses
for all his injuries. Mrs. Stricklin's concerns are that Officer
Higgins cannot be a police officer to the full capacity as a
police officer should be. Chief Coughlin stated that with
Officer Higgins having to be off due to his injury, the police
department cannot fill that position because Officer Higgins is
still employed. Officer Higgins explained his shoulder and neck
injuries to the Commission and that he had to file a grievance
against the City because the City began using his personal time
for days off work, when they were workers compensation related
time off. Officer Higgins stated he won his grievance and his
personal time given back to him. Officer Higgins then stated
that Chief Coughlin had told him that he could not return to work
because he had used too much sick time. Chief Coughlin stated to
Officer Higgins that he had told him (Officer Higgins) that he
could not work his outside parttime job as long as he was on a
workers compensation injury. Chief Coughlin also stated to
Officer Higgins that he had never told him (Officer Higgins) that
he could not return to work. Officer Higgins then made the
comment that when the two officers came to his house to pick up
the police car, that the comment was made to him that Chief
Coughlin had made the comment about Officer Higgins not being
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able to return to work. Again Chief Coughlin stated to Officer
Higgins that he had never told him (Officer Higgins) that he
could not return to work. Chief Coughlin stated his concerns are
also for the position to be filled and to be able to have a full
operating staff, with all persons working in their jobs. Chief
Coughlin stated that he has several officers out on injury leave
plus the vacant positions, that it is hard to have a full
operating staff.
Mrs. Stricklin asked Officer Higgins if he was on the Duragesic
patch and he stated yes. Mrs. Stricklin suggested to the
Commission that the Commission rule that Officer Higgins be off
work until he could be weaned off the patch so that he could be
able to return to work in full capacity. Officer Higgins then
stated that he had not returned to work because he has been
waiting for the City to tell him he could return to work.
Officer Higgins stated that the City had been provided a letter
from Dr. Shaffer stating he could go back to work. Mrs.
Stricklin asked the Commission to refer to Dr. Shaffer's letter
explaining his opinion on Officer Higgins' medical condition.
Mr. Filer asked for a clarification about selecting three
physicians; that the Commission needed to select three physicians
to examine Officer Higgins and make their determination of
findings to be able to return to work. Mrs. Stricklin stated
yes. Officer Higgins then requested to know the Texas Municipal
Retirement System's opinion about a medical retirement. Mrs.
Stricklin explained the retirement and that disability retirement
is available to Officer Higgins if the doctors declare he is
unable to work as an officer. Dr. Harris stated it was pretty
clear that the Commission needed to have three physicians examine
Officer Higgins and to have several other names as alternatives.
Mr. Filer stated that once the Commission has received the
findings from the three doctors, that those findings are final
and suggested to Officer Higgins to look at other alternatives
for a career in case he cannot continue as a police officer. Dr.
Harris made a suggestion of Dr. Andrea Halliday from Fort Worth,
Dr. Jack McCarty from Lubbock, Dr. Tom Talbert, Dr. Dan Bolin,
Dr. Mark Huff, Jr., Dr. Harvey Martin and Dr. Sundrashen. Mr.
Filer made a recommendation and motion to proceed with the list
of doctors named. Mr. Monaghan seconded the motion and the
motion passed.
Item #4 - Mr. Filer asked if there was any old business. Mrs.
Stricklin stated that Dr. James Harris had been reappointed to
the Civil Service Commission to serve another term. Mrs.
Stricklin welcomed Mr. Bob Monaghan as the newest member to the
Civil Service Commission.
Mrs. Stricklin also stated that she had conducted a Police
Sergeant Promotional Examination composing of 100 test questions
for 53 police officers. That they had five working days after
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the test was given to come to the Personnel Department and review
their tests with pay and she thought there would be some upcoming
appeals to this test.
Mrs. Stricklin also stated that she is currently recruiting for
police trainees, non - certified persons, with an academy to begin
in April. That an on -going lateral police officer testing
started last month, testing to take place on February 14"' in
Oklahoma, testing to be done on February 22 "d in Bedford, Texas.
That other recruiting destinations might be in southwest Texas,
Northern upper Oklahoma and possibly Kansas if not enough
response is from the local areas. Chief Coughlin stated that he
had three persons doing their internship at the Police Department
but they would like to apply for federal positions instead of
locally.
Item #5- Mr. Filer asked if there was any other business to
properly come before the Commission. There was no other
business, Mr. Filer made a motion to adjourn and Dr. Harris
seconded the motion and the motion passed. The meeting adjourned
at 4:20 p.m.
Respectfully submitted,
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J Stricklin
rector of Civil Service
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