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Civil Service Commission Minutes - 10/17/2001MINUTES OF THE MEETING CIVIL SERVICE COMMISSION October 17, 2001 1. Introductory paragraph: CITY CLERK'S OFFICE Date BY )�L Time Today's meeting is a scheduled meeting in the determination of physical fitness of Police Officer Scott Higgins and Police Officer Sharon Ritchie and an appeal hearing of the Police Sergeant Promotional Examination by Police Officer Joseph Puddu. The meeting was convened in the City of Wichita Falls Council Conference Room. Attendance is as follows: Present Dr. James Harris, Commission Member Ben Filer, Commission Member Jan Stricklin, Director of Civil Service Absent James Irl Montgomery, Vice - Chairman City Staff Ken Coughlin, Police Chief Mark Price, First Asst City Julia Vasquez, Sr. Assistant Police Officer Scott Higgins Police Officer Joseph Puddu Martha Shaw, Risk Management Call to Order: Staff Liaison Lupe Esquibel Attorney City Attorney Item 1- The meeting of the Wichita Falls Fire Fighters and Police Officers Civil Service Commission was called to order by Commission Member Dr. James Harris at 4:00 p.m. Dr. Harris welcomed Mr. Ben Filer as the new member of the Civil Service Commission. Item 2- Dr. Harris stated he had read the meeting minutes of June 21, 2000 and approved the minutes; Mr. Filer seconded the motion, 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 Scott Higgins. Jan Stricklin addressed the Commission and presented Officer Higgins. Mrs. Stricklin read into record Officer Higgins' Request for Continuance because his attorney could not be present due to prior commitments. Mrs. Stricklin then read into record the City's Objection to Request for Continuance. Mrs. Vasquez stated that Section 143.081 does not permit or require the Civil Service Commission to act in an adjudicatory capacity, but to only appoint a physician, phychiatrist or psychologist. After a short discussion Dr. Harris made a motion where the Civil Service Commission should not allow the Request for Continuance by Officer Higgins. Both members opposed that the Commission accept the Request for Continuance. Mrs. Stricklin then asked Martha Shaw, Risk Management, to read into record Officer Higgins' Time Line History on his injury and doctors reports. Chief Coughlin has asked for a review on Officer Higgins health condition pertaining to him using a narcotic skin patch, which assist in controlling his pain, and being able to perform full duties and be fit for duty. The doctor's reports indicated that Officer Higgins could return to work but having to use the patch. Mrs. Stricklin passed out copies of the City of Wichita Falls Rules and Regulations and the Wichita Falls Police Department General Orders pertaining to the use of narcotics while on duty. Mrs. Stricklin stated that City employees are not permitted to work in any capacity while under the use of any narcotic medication. Chief Coughlin's recommendation is that the Commission appoint a physician to re- evaluate Officer Higgins' health condition to be able to return to work without the use of the narcotic skin patch. Officer Higgins stated that he too would question if a police officer was on narcotics but his use of this narcotic skin patch assists him in pain management only, for his back aches. After further discussion Dr. Harris made a motion that three doctors be selected to re- evaluate Officer Higgins' health condition. Dr. Harris made a motion that Dr. Jack McCallum from Ft. Worth be selected as the primary physician, Dr. David Harris from Austin as the secondary alternate physician and Dr. Mark Huff, Jr. from Wichita Falls be the third alternate physician, both commission members know these doctors reputations. Mr. Filer seconded the motion and the motion passed. Officer Higgins was told that he would be receiving a letter from the Risk Management Office informing him of his future appointment date and time with one of the above mentioned doctors. Item #4- Dr. Harris stated that the Commission was ready to hear Item #4, Appeal Hearing of Police Sergeant Promotional Examination by Police Officer Joseph Puddu. Mrs. Stricklin introduced Officer Puddu and read his appeal into record. Mrs. Stricklin passed out copies of the test question to the commission members and Officer Puddu for their viewing but did not read this test question into record. Mrs. Stricklin stated that the test question had a typographical mistake on it, the incorrect answer was put on the test question card. Mrs. Stricklin stated that in the past the commission had instructed her that if a test question had a typographical mistake she was to throw out the question and did not have to come before the commission to inform them of what she had done. So this is what she had done with this test question. Officer Puddu stated that he answered the question correctly and was marked as being wrong, but that he and the other applicants that answered the question correctly should be given the point for answering it correctly. But that those applicants that answered it incorrectly should have a point taken away from them, instead of throwing out the test question for everyone. After a short discussion Mr. Filer made a motion that in fairness to everyone the test question would be thrown out and moved that the scoring stand. Dr. Harris seconded the motion and the motion passed. Item #5- Dr. Harris stated the Commission was ready to hear Item #5, Local Government Code 143.081 - Determination of Physical Fitness of Police Officer Sharon Ritchie. Mrs. Stricklin stated that Officer Ritchie was not present and that Officer Ritchie had been called by phone by various police department personnel and would not answer the phone and police officers had been sent to her house and she would not answer the door. Mr. Chris Curtis, attorney with CLEAT was introduced by Mrs. Stricklin. Mr. Curtis stated that he was representing Officer Ritchie and also stated that it was his understanding that Officer Ritchie did not have to be present for this meeting. Mrs. Stricklin told him that was correct. Mr. Curtis stated that Officer Ritchie was not waiving the confidentially of what the doctors and other health care providers had disclosed in their reports. Mrs. Stricklin read into record the Time Line History on Officer Ritchie's injury and doctors reports. Mr. Curtis objected to the privilege and confidentially for Officer Ritchie in that she is not willing to come back to work per a doctor's report. Mr. Curtis stated that in reference to Chapter 143.081 this meeting was not in compliance with this section due to the fact that the reports submitted were not from a physician, psychiatrist or psychologist. Mrs. Stricklin stated they did not need progress reports on Officer Ritchie only evaluations. Mrs. Stricklin also stated that this issue could not be resolved because of Officer Ritchie hesitations to respond to the phone calls and police personnel going to her house. Dr. Harris asked Mr. Curtis if it was in his opinion that Officer Ritchie needed to see a new doctor for her evaluations and Mr. Curtis stated yes. Mrs. Vasquez asked Mr. Curtis if the commission issued a direct order to Mr. Curtis for Officer Ritchie to come in and address the issue would he deliver such order. Mr. Curtis stated that he would. Mrs. Stricklin made a recommendation that Item #4 be removed from this agenda until another meeting be rescheduled after Officer Ritchie was reevaluated by another doctor. Mr. Filer made a motion to Mrs. Stricklin recommendation and Dr. Harris seconded the motion. Item #6- Appointment of Civil Service Commission Chairman. Mr. Filer made a motion that Dr. Harris be appointed the Chairman and Dr. Harris seconded the motion. Item #7- There was not any old business to come before the Commission. Item #8- Mrs. Stricklin officially congratulated Dr. James Harris as being appointed the Chairman to the Civil Service Commission and also welcomed Ben Filer as the newly appointed Civil Service Commission Member. Mr. Filer made a motion to adjourn the meeting and Dr. Harris seconded the motion. The meeting adjourned at 5:42 p.m. Respectfully submitted, Jays tricklin -- Director of Civil Service CITY CLERK'S OFFICE MINUTES OF THE MEETING I 1 I spa I CIVIL SERVICE COMMISSIO Date October 17, 2001 By Time 11./baf 1. Introductory paragraph: Today's meeting is a scheduled meeting in the determination of physical fitness of Police Officer Scott Higgins and Police Officer Sharon Ritchie and an appeal hearing of the Police Sergeant Promotional Examination by Police Officer Joseph Puddu. The meeting was convened in the City of Wichita Falls Council Conference Room. Attendance is as follows: Present Dr. James Harris, Commission Member Ben Filer, Commission Member Jan Stricklin, Director of Civil Service Absent James Irl Montgomery, Vice - Chairman City Staff Ken Coughlin, Police Chief Mark Price, First Asst City Julia Vasquez, Sr. Assistant Police Officer Scott Higgins Police Officer Joseph Puddu Martha Shaw, Risk Management Call to Order: Staff Liaison Lupe Esquibel Attorney City Attorney Item 1- The meeting of the Wichita Falls Fire Fighters and Police Officers Civil Service Commission was called to order by Commission Member Dr. James Harris at 4:00 p.m. Dr. Harris welcomed Mr. Ben Filer as the new member of the Civil Service Commission. Item 2- Dr. Harris stated he had read the meeting minutes of June 21, 2000 and approved the minutes; Mr. Filer seconded the motion, 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 Scott Higgins. Jan Stricklin addressed the Commission and presented Officer Higgins. Mrs. Stricklin read into record Officer Higgins' Request for Continuance because his attorney could not be present due to prior commitments. Mrs. Stricklin then read into record the City's Objection to Request for Continuance. Mrs. Vasquez stated that Section 143.081 does not permit or require the Civil Service Commission to act in an adjudicatory capacity, but to only appoint a physician, phychiatrist or psychologist. After a short discussion Dr. Harris made a motion where the Civil Service Commission should not allow the Request for Continuance by Officer Higgins. Both members opposed that the Commission accept the Request for Continuance. Mrs. Stricklin then asked Martha Shaw, Risk Management, to read into record Officer Higgins' Time Line History on his injury and doctors reports. Chief Coughlin has asked for a review on Officer Higgins health condition pertaining to him using a narcotic skin patch, which assist in controlling his pain, and being able to perform full duties and be fit for duty. The doctor's reports indicated that Officer Higgins could return to work but having to use the patch. Mrs. Stricklin passed out copies of the City of Wichita Falls Rules and Regulations and the Wichita Falls Police Department General Orders pertaining to the use of narcotics while on duty. Mrs. Stricklin stated that City employees are not permitted to work in any capacity while under the use of any narcotic medication. Chief Coughlin's recommendation is that the Commission appoint a physician to re- evaluate Officer Higgins' health condition to be able to return to work without the use of the narcotic skin patch. Officer Higgins stated that he too would question if a police officer was on narcotics but his use of this narcotic skin patch assists him in pain management only, for his back aches. After further discussion Dr. Harris made a motion that three doctors be selected to re- evaluate Officer Higgins' health condition. Dr. Harris made a motion that Dr. Jack McCallum from Ft. Worth be selected as the primary physician, Dr. David Harris from Austin as the secondary alternate physician and Dr. Mark Huff, Jr. from Wichita Falls be the third alternate physician, both commission members know these doctors reputations. Mr. Filer seconded the motion and the motion passed. Officer Higgins was told that he would be receiving a letter from the Risk Management Office informing him of his future appointment date and time with one of the above mentioned doctors. Item #4- Dr. Harris stated that the Commission was ready to hear Item #4, Appeal Hearing of Police Sergeant Promotional Examination by Police Officer Joseph Puddu. Mrs. Stricklin introduced Officer Puddu and read his appeal into record. Mrs. Stricklin passed out copies of the test question to the commission members and Officer Puddu for their viewing but did not read this test question into record. Mrs. Stricklin stated that the test question had a typographical mistake on it, the incorrect answer was put on the test question card. Mrs. Stricklin stated that in the past the commission had instructed her that if a test question had a typographical mistake she was to throw out the question and did not have to come before the commission to inform them of what she had done. So this is what she had done with this test question. Officer Puddu stated that he answered the question correctly and was marked as being wrong, but that he and the other applicants that answered the question correctly should be given the point for answering it correctly. But that those applicants that answered it incorrectly should have a point taken away from them, instead of throwing out the test question for everyone. After a short discussion Mr. Filer made a motion that in fairness to everyone the test question would be thrown out and moved that the scoring stand. Dr. Harris seconded the motion and the motion passed. Item #5- Dr. Harris stated the Commission was ready to hear Item #5, Local Government Code 143.081 - Determination of Physical Fitness of Police Officer Sharon Ritchie. Mrs. Stricklin stated that Officer Ritchie was not present and that Officer Ritchie had been called by phone by various police department personnel and would not answer the phone and police officers had been sent to her house and she would not answer the door. Mr. Chris Curtis, attorney with CLEAT was introduced by Mrs. Stricklin. Mr. Curtis stated that he was representing Officer Ritchie and also stated that it was his understanding that Officer Ritchie did not have to be present for this meeting. Mrs. Stricklin told him that was correct. Mr. Curtis stated that Officer Ritchie was not waiving the confidentially of what the doctors and other health care providers had disclosed in their reports. Mrs. Stricklin read into record the Time Line History on Officer Ritchie's injury and doctors reports. Mr. Curtis objected to the privilege and confidentially for Officer Ritchie in that she is not willing to come back to work per a doctor's report. Mr. Curtis stated that in reference to Chapter 143.081 this meeting was not in compliance with this section due to the fact that the reports submitted were not from a physician, psychiatrist or psychologist. Mrs. Stricklin stated they did not need progress reports on Officer Ritchie only evaluations. Mrs. Stricklin also stated that this issue could not be resolved because of Officer Ritchie hesitations to respond to the phone calls and police personnel going to her house. Dr. Harris asked Mr. Curtis if it was in his opinion that Officer Ritchie needed to see a new doctor for her evaluations and Mr. Curtis stated yes. Mrs. Vasquez asked Mr. Curtis if the commission issued a direct order to Mr. Curtis for Officer Ritchie to come in and address the issue would he deliver such order. Mr. Curtis stated that he would. Mrs. Stricklin made a recommendation that Item #4 be removed from this agenda until another meeting be rescheduled after Officer Ritchie was reevaluated by another doctor. Mr. Filer made a motion to Mrs. Stricklin recommendation and Dr. Harris seconded the motion. Item #6- Appointment of Civil Service Commission Chairman. Mr. Filer made a motion that Dr. Harris be appointed the Chairman and Dr. Harris seconded the motion. Item #7- There was not any old business to come before the Commission. Item #8- Mrs. Stricklin officially congratulated Dr. James Harris as being appointed the Chairman to the Civil Service Commission and also welcomed Ben Filer as the newly appointed Civil Service Commission Member. Mr. Filer made a motion to adjourn the meeting and Dr. Harris seconded the motion. The meeting adjourned at 5:42 p.m. Respectfully submitted, Jays tricklin_v Director of Civil Service