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Civil Service Commission Minutes - 08/01/2002`0 CITY CLERK'S OFFICE MINUTES OF THE MEETING CIVIL SERVICE COMMISSION Date — D� August 1, 2002 By _ _�i _Time _ 1. Introductory paragraph: Today's meeting is a scheduled meeting in the appeal hearing of Local Government Code 143.081- Determination of Physical Fitness of Police Officer Sharon Ritchie, Appeal Hearing of Police Lieutenant Promotional Examination by Police Sergeants Eric Russell and Jack Coltrain in the City of Wichita Falls Council Conference Room. Attendance is as follows: Commission Present Dr. James Harris, Chair James Irl Montgomery, Vice - Chairman Ben Filer, 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 Dr. James Harris at 3:00 p.m. Item #2- Dr. Harris stated he had read the meeting minutes of April 3, 2002. Mr. Filer stated that a typographical error was noted on page 2. The word Ms. should be Mr. before the name John Hunter Smith. Mr. Filer made a motion to make the correction and approve the minutes. Mr. Montgomery seconded the motion and the motion passed. Item #3- Dr. Harris stated the Commission was ready to hear Item #3, Local Government Code 143.081 - Determination of Physical Fitness of Police Officer Sharon Ritchie. Mrs. Stricklin stated that in the previous meeting Dr. Sobiesk had been appointed to see Ms. Ritchie for evaluation of performance of duties and ability to be-able to return to work. Mrs. Stricklin passed out to the Commission Dr. Sobiesk's evaluation. Dr. Harris asked the Commission members to silently read the report. (The tape was turned off at 3:06 p.m., turned back on at 3:15 p.m. while the Commission members read the report.) Mrs. Stricklin suggested that the report be included as an attachment to the minutes. Both Mr. Smith and the Commission members agreed. Mrs. Stricklin then read portions of the time line of what Dr. Shaw - Fontenont ft and Dr. Sanchez -Leal had stated in their reports about Ms. Ritchie being able to return to work on 06/01/02. Dr. Harris stated that Dr. Sobiesk's report has not truly responded to the question about Ms. Ritchie's date to return to work but left it unanswered. Mr. Smith stated that in the April Commission meeting that Dr. Eckert was not mentioned as an alternate physician and that Dr. Eckert had been sent a notice of release Of Ms. Ritchie's records and that the letter had discrepancies in it. Mr. Smith also feels that Dr. Eckert might have seen her records and Ms. Ritchie stated that she feels that the Commission under Chapter 143.081 has the jurisdiction to look into this issue. Mrs. Stricklin then stated that under Chapter 143.081 the Commission cannot grant an injunction by law. Mr. Smith stated that Chapter 143.073 is the correct section not Chapter 143.081 pertaining to this issue. Mr. Smith stated that Ms. Ritchie was placed off work again on 04/10/01. Mr. Filer asked if the second date of 04/10/01, if this reflects the first date that she was placed off. Mr. Smith stated that it was established that Ms. Ritchie was getting worker's compensation and that it was the latest date of injury. Mr. Smith also agreed that Dr. Sobiesk's letter was not specific and should be clarified more about Ms. Ritchie's condition before the Commission could make a final decision. Mrs. Vasquez stated that Chapter 143.087 is not governed by Chapter 143.073 and also stated that the first injury date is a continuation of the second date. Dr. Harris asked if Ms. Ritchie was told she could not return to work until the Commission met again. Mrs. Stricklin stated no and that no one had told her such and that Chief Coughlin is ready for Ms. Ritchie to return to work. Mr. Filer asked why Ms. Ritchie hadn't returned to work since her doctor has stated she could. Dr. Harris then made the statement that a patient has the right to pursue her health conditions with her doctor herself. Mrs. Vasquez stated that due to the Schlieper trial that issues had been pushed back. Mrs. Stricklin stated that Dr. Sanchez - Leal's report had stated that Ms. Ritchie could return to work. Mrs. Stricklin then explained worker's compensation and the treating physician and the referring physicians. Ms. Ritchie stated that Ron Burks was the first treating physician. Mr. Smith stated that the doctor's letter does not clearly state Ms. Ritchie's condition. Ms. Ritchie stated that due to the hostility forced and ordered on her at the police department and her physical condition at the present time this does not allow her to return to work. She stated that she does want to return to work because she has put in a lot of time for her career choice. Dr. Harris made a motion that a specific letter was needed from the doctor about her ability to return to work based on his evaluation. Mr. Filer seconded the motion and the motion passed. The Commission took a short recess at 4:15 p.m, the meeting reconvened at 4:25 p.m. 2 4, t Item #4 - Dr. Harris stated the Commission was ready to hear Item #4, Appeal Hearing of Police Lieutenant Promotional Examination by Police Sergeants Eric Russell and Jack Coltrain. Sgt. Russell passed out packets to the Commission members, Mrs. Vasquez and Mrs. Stricklin. Mrs. Stricklin read into record Sergeant Russell's appeal. Mrs. Stricklin passed out postings of specific source materials of the promotional examination and the Police Lieutenant eligibility roster. Mrs. Stricklin reminded the Commission that source materials postings are posted 90 days without vacancies, 30 days with a vacancy and the six month postings in advance. Mrs. Stricklin also stated that the validation of the six -month source materials listings are done with the Wichita Falls Police Department Training Unit. She explained that if any civil service employee feels postings are incorrect that that employee should have notified her. Sgt. Russell stated that the 06/20/01 posting is correct. The 01/21/02 posting, no one came forward to inform Mrs. Stricklin of any updates. Dr. Harris made a motion that the appeal item #1 stand as is, Mr. Montgomery seconded the motion and the motion passed. Sgt. Russell then stated that his appeal items #1 and #13 are similar and #13 did not need to be discussed. Sgt. Russell then stated his appeal item #2 is that due to a previous Commission ruling stating that a question must be formally appealed in order to be discussed. Sgt. Russell then stated his appeal item #3, that the answer was incorrect. Mrs. Stricklin stated that this question was a good one and it was verbatim from the source material. After a short discussion Dr. Harris made a motion that this was a good question and should remain, Mr. Filer seconded the motion and the motion passed. Sgt. Russell then stated that appeal items #4 and #5 were identical and both questions did not exist in the listed source materials. Mrs. Stricklin then stated that the source materials were correct but agreed with Sgt. Russell that these test questions needed to be thrown out of the promotional examination. Sgt. Coltrain stated that the source materials that the test questions were taken out of were correct and the test questions should remain. After a brief discussion Dr. Harris made a motion to remove these test questions from the promotional examination. Mr. Filer seconded the motion and the motion passed. - Mrs. Stricklin stated that she would go back and revise the eligibility roster. Sgt. Russell then presented appeal item #6 and stated that the source material was not a good one because the author did not research his material but took information from a statistical report to compose his book. Mrs. Stricklin stated that she made the test question verbatim from the source material but would discuss this book with the Police Chief. Mr. Filer made a motion to keep the test question, Mr. Montgomery seconded the motion and the motion passed. Sgt. Russell then presented appeal item #7. Mrs. Stricklin showed the Commission the words she had omitted from the text. Officer Higgins then 3 made the statement that Mrs. Stricklin is known for composing all her test questions verbatim and the question is correct. After a brief discussion Mr. Filer made a motion to throw out the test question, Dr. Harris seconded the motion and the motion passed. Sgt. Russell presented appeal item #8 and stated that this question is contradicting itself in explaining two different views. Mrs. Stricklin stated that she took the question verbatim out of the text and it is a good question. After a brief discussion Dr. Harris made a motion that the test question stand as is, Mr. Montgomery seconded the motion and the motion passed. Sgt. Russell presented appeal item #9 and stated that the author took the facts from out of date materials and again stated that this book was not a good one. Mrs. Stricklin stated that her source material is not wrong but that the information in the book was not current. After a brief discussion Dr. Harris made a motion to keep the test question, Mr. Filer seconded the motion and the motion passed. Sgt. Russell then presented appeal item #10. Mrs. Stricklin stated that this question deals with the population of a city and Wichita Falls is not of this population but it is still a good question. Sgt. Russell stated that this question deals with the population of a city and Wichita Falls is not of this population thus the question is not relevant. Dr. Harris asked if this question was one at a different level of difficulty and Mrs. Stricklin said yes. Mr. Montgomery made a motion to keep this question, Dr. Harris seconded the motion and the motion passed. Sgt. Russell stated that appeal item #14 did not need to be discussed. Sgt. Jack Coltrain was then asked to come before the Commission and Mrs. Stricklin read into record Sgt. Coltrain's appeal. Mrs. Stricklin then stated that test question #75 had already been addressed in Sgt. Russell's appeal and this test question had been thrown out. Mrs. Stricklin then passed out test question #62 and asked the Commission to silently read it. She stated that she took this question verbatim from the book and that B was the correct answer. Sgt. Coltrain stated that there are two correct answers because they are interchangeable in this instance. Dr. Harris asked if this question had been approved and Mrs. Stricklin stated that Major Bachman had read and approved it. Major Bachman stated that the difference in this question is that an inmate is in prison and a prisoner is not in prison. Mrs. Stricklin stated that she doesn't mind the challenges of test questions and their concepts. Sgt. Coltrain stated that there is a confusion of words in this question. Dr. Harris made a motion to keep this question, Mr. Montgomery seconded the motion and the motion passed. Sgt. Coltrain then presented his appeal of test question #30, stating there were two correct answers and is not verbatim. Mrs. Stricklin stated that the correct answer was the best answer and that when she first gives a promotional examination one of the sentences she reads to the applicants is to select the one best answer. The Commission members read this question in silence. Dr. Harris made a motion 4 r a to keep this question, Mr. Filer seconded the motion and the motion passed. Sgt. Coltrain then presented his appeal of test question #41 and stated that the answer was not the correct one. Mrs. Stricklin stated that it was the correct answer. The Commission members silently read the test question. Mr. Filer made a motion to keep the question, Mr. Montgomery seconded the motion and the motion passed. Sgt. Coltrain presented his appeal to test question #64 and stated that all the answers are correct and that answer B was not verbatim. Mrs. Stricklin stated that this test question was not correct. The Commission members read this question, Mr. Filer made a motion to throw this question out, Mr. Montgomery seconded the motion and the motion passed. Item #5 - Dr. Harris asked if there was any old business. Mr. Filer asked what the status was on Mr. Love and Mr. Newton, the two police applicants who had filed an appeal in the last meeting. Mrs. Stricklin stated that both men had withdrawn their appeals from the process. Item #7- Dr. Harris asked if there was not any other business to properly come before the Commission. Officer Higgins asked that the one source material book that had been discussed be reviewed by the Civil Service Commission or the Director of Civil Service. Dr. Harris stated that Mrs. Stricklin can review any source materials and will discuss this particular source material with Police Chief Coughlin. There was no other business and the meeting adjourned at 6:09 p.m. Respectfully submitted, J Stricklin erector of Civil Service