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Civil Service Commission Minutes - 04/03/2002ti MINUTES OF THE MEETING CIVIL SERVICE COMMISSION April 3, 2002 1. Introductory paragraph: CITY CLERK'S OFFICE Date �l /�- -I(-Oa By _Time 8: Al 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 Officer Jon Michael Challis, Nepotism Policy, Appeal Hearing of Police Trainees Jeremiah Love, Michael Lake and Paul Newton in the City of Wichita Falls Council Conference Room. Attendance is as follows: Commission Present Dr. James Harris, Chair Ben Filer, Commission Member Jan Stricklin, Director of Civil Service Commission Absent James Irl Montgomery, Vice - Chairman Commission Staff Staff Liaison Julia Vasquez, Lupe Esquibel Senior Asst City Attorney Call to Order: 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 3:03 p.m. Item 2- Dr. Harris stated he had read the meeting minutes of December 6, 2001, Mr. Filer made a motion to approve the minutes, Dr. Harris seconded the motion and the motion passed. Item 3- Dr. Harris stated the Commission was ready to hear Item 43, Local Government Code 143.081 - Determination of Physical Fitness of Police Officer Sharon Ritchie. Ms. Stricklin passed out copies of Chapter 143.081, Section (b) and read this into record. Ms. Stricklin gave a brief history of the last meeting pertaining to Officer Ritchie and update to present date. Ms. Stricklin stated that Officer Ritchie had received medical attention from various medical providers but the City has not received any medical progress reports concerning Officer Ritchie's medical condition from her treating physicians. Dr. Shaw - Fontenont provided the City with a letter stating that Officer Ritchie could return to duty and only work 20 hours a week, if she has a desk job; the department recognizes that Officer Ritchie believes the police department to be a hostile 1 work environment and that the police department needs to bring closure to Internal Affairs investigation of Officer Ritchie. Officer Ritchie changed treating physicians to Ron Burks, psychologist. Ron Burks provided the City with a letter that stated that Officer Ritchie was unwilling to return to light duty because she believes light duty work in the police department would be "belittling and demeaning ". Ron Burks also reported that Officer Ritchie would not give him permission to provide the City with progress notes of her medical condition. The City requested permission from Texas Worker's Compensation Commission to get a second medical opinion and was granted permission. Ed Eckert, psychologist, saw Officer Ritchie and provided a letter to the City that Officer Ritchie could not return to work and he would need an additional 4 to 6 weeks for a thorough evaluation of her condition. At the end of the six weeks evaluation Ed Eckert provided the City with a letter that stated that Officer Ritchie was not only "unwilling" to return to work but that she is "unable to be a police officer ". Chief Ken Coughlin sent a letter to Officer Ritchie requiring her to supply a letter from her present treating physician as to when she can return to work. In reply to this, we received a letter from Dr. Sanchez -Leal stating that Officer Ritchie would be able to return to full duty as a police officer on June 1, 2002, without restrictions. Ms. Stricklin stated that the City needs to know why this date is so prevalent for Officer Ritchie to be able to return to work and what her current condition is, since / the City has not received any medical progress reports. Ms. f/ Stricklin read into record Chapter 143.081, Section (c). Mr // John Hunter Smith, CLEAT attorney for Officer Ritchie, stated that Dr. Shaw - Fontenont, her treating physician, referred Officer Ritchie to Dr. Sanchez -Leal, psychiatrist, and that is why he's treating her now. Ms. Stricklin read into record the letter from Dr. Sanchez -Leal. Mr. Smith stated that there are two issues involved in Officer Ritchie's case, physical and mental. He also stated that Section (b) does not need to be an issue because Section (c) is the factor that indirectly involves Section (b) . Ms. Stricklin stated that both issues effect each other and that is why the City is needing to know her condition. After a lengthy discussion Mr. Filer made a motion that Officer Ritchie be allowed to go see a psychologist who is also a medical doctor, Dr. Harris seconded the motion and the motion passed. The Commission suggested Dr. Harvey Martin, 1808 Rose Street, 723- 4488 and the alternative doctor being Dr. Bryan Wieck, 1819 Rose Street, 322 -9456. The Commission requested a letter be mailed to Dr. Shaw - Fontenont asking her to mail whichever doctor was scheduled to see Officer Ritchie of her medical findings on Officer Ritchie. Item #4 - Dr. Harris stated the Commission was ready to hear Item #4, Appeal Hearing of Police Officer Jon Michael Challis, Nepotism Policy. Ms. Stricklin read into record Officer Challis' appeal. Ms. Stricklin explained the nepotism policies of the City of Wichita Falls, the Wichita Falls Police Department and the Local Civil Service Commission. Ms. Stricklin passed out copies of the amended Nepotism Policy and stated that some employees had been Grandfathered before January 9, 1992. Mr. Smith, CLEAT attorney for Officer Challis, explained that Cristy Whited is the sister to Police Officer Cory Whited and Officer Challis is requesting a waiver of the Nepotism Policy to be able to marry Ms. Whited. Ms. Stricklin then stated if Officer Challis married Ms. Whited then Officer Challis and Officer Whited would become brothers -in -law. Ms. Stricklin explained to the newest member of the Civil Service Commission that no waivers have been granted by the Commission since before January 9, 1992 and that several civil service personnel have come before the Commission requesting waivers but none granted. Ms. Stricklin stated that after researching this request she had found out that Officer Challis and Cristy Whited had applied for a declaration of a common -law marriage on September 20, 2001, and are still in this marriage. Ms. Julia Vasquez stated that it is the Legal Department's opinion and recommendation that the Commission does not have jurisdiction to hear this appeal because Officer Challis is already married and thus there is no issue to come before the Commission. After a brief discussion, Officer Challis with the recommendation of his attorney withdrew his appeal. Item #5 - Dr. Harris stated the Commission was ready to hear Item #5, Appeal Hearing of Police Officer Trainee applicants Jeremiah Love, Michael Lake and Paul Newton. Ms. Stricklin stated that Mr. Michael Lake had approached her moments before this Commission meeting and that he wished to withdraw his appeal, stating that he felt the costs for all the medical expenses would probably be too much for him to be able to afford. Ms. Stricklin then read into record Mr. Jeremiah Love's appeal. Ms. Stricklin stated that Dr. Leon Morris had been the doctor that the applicants had seen concerning their psychological examinations and that Dr. Morris had failed these three men and that Dr. Morris mailed the medical results to her. Ms. Stricklin then read into record Mr. Paul Newton's appeal, Mr. Newton was not present for his appeal. Mr. Love stated that he had taken a similar examination before and had passed it, that he also had letters of recommendations from two of his former supervisors and a letter from another doctor on such. Ms. Stricklin stated that an applicant can withdraw his appeal before the final results of all of the other three examining doctors. Ms. Stricklin explained that an L -3 form is completed by the doctor who does the examination and this form then is mailed to the Texas Commission on Law Enforcement Officer Standards & Education agency in Austin, Texas, for filing. Ms. Stricklin then explained the entire procedure to Mr. Love and Mr. Love stated he wished to continue with the process. After a brief discussion, Dr. Harris made a motion to select three other physicians to examination both Mr. Love and Mr. Newton, Mr. Filer seconded the motion and the motion passed. The Commission selected Dr. Ed Eckert, Dr. Harvey Martin and Dr. Wieck, with the two alternates being Dr. Benny Barnhart and Dr. James Snowden. Item #6- Dr. Harris asked if there was any old business. There was none. Item #7- Dr. Harris asked if there was not any other business to properly come before the Commission. There was none. Mr. Filer made a motion to adjourn and Dr. Harris seconded the motion and the motion passed. The meeting adjourned at 4:42 p.m. Respectfully submitted, Ja trick in rector of Civil Service