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Civil Service Commission Minutes - 12/18/1998MINUTES OF THE FETING CIVIL SERVICE COMMISSION December 18, 1998 Present: Ron Bullock, Chairman James Irl Montgomery, Vice - Chairman Dr. James Harris, Commission Member Jan Stricklin, Director of Civil Service Greg Humbach, City Attorney Bill Sullivan, First Assistant City Attorney * * * * * * * * * * The meeting of the Wichita Falls Fire Fighters and Police Officers Civil Service Commission was called to order by Chairman Ron Bullock at 1:00 p.m. Mr. Montgomery made a motion to accept the minutes of the June 30, 1997 and November 26, 1997 meetings. Dr. Harris seconded the motion and the motion passed. Mr. Bullock stated the Commission was ready to hear Item #3, Appeal Hearing of Police Lieutenant Promotional Examination by Police Sergeants Frank Avens and Richard Garza. Mrs. Stricklin read into record Sgt. Avens' appeals. Sgt. Avens stated that his appeal was that Police Chief Jack Schlieper had walked into the testing room and sat down next to the Civil Service Director, observing her grading the promotional examinations as each police sergeant brought forth his own examination paper. Sgt. Avens' second appeal was that of seniority points. That Chief Schlieper had changed the structure of seniority points in that each time a police department civil service employee is promoted to another rank that employee's seniority points start all over again, and that state law is specific that seniority points are earned from date of hire. Mr. Humbach stated that the Commission did not have any authority to make a ruling on seniority points, that seniority points are a state law which is already in force and the seniority points start with date of hire. Mrs. Stricklin stated that Chief Schlieper had entered the testing room, did sit down next to her and observed the grading procedures, didn't see any of the tests, didn't interrupt anyone or speak out loud. Mrs. Stricklin made a recommendation that due to the violations of the law that she recommended that the Police Lieutenant Promotional Examination be thrown out as Sgt. Avens' recommended. Mrs. Stricklin stated the test was a good test. Mr. H. P. Hodge addressed the Commission stating that he was representing Police Sgt. Jerry Riley, who had taken the promotional examination and that Sgt. Riley was in first place on the eligibility roster. Mr. Hodge stated that it was Sgt. Riley's opinion that this examination was a good one and should not be thrown out, even though the Police Chief made the violations. Sgt. Garza stated that the test was a valid one but a violation was committed that didn't effect the body of the test and if the test was thrown out if would be too easy to invalidate any future tests. He stated that if the test was thrown out it would punish top candidates and this would Civil Service Commission Meeting December 18, 1998 Page - 2 not be fair and shouldn't punish the whole group because the Chief made the violation. Mrs. Stricklin stated that when the Chief walked in he had violated civil services rules but she couldn't do anything about it at that point. That at both closed doors there are signs posted announcing a test in process and authorized personnel admitted only, the signs read TESTING DO NOT DISTURB AUTHORIZED PERSONNEL ONLY. Major Knowles addressed the Commission for Chief Schlieper who could not attend the meeting. Major Knowles stated that Civil Service is designed to protect the integrity of the law and tests and that the seniority question is very important and to throw out the test would be unfair. Major Knowles stated that Chief Schlieper is a new chief that has been on board for a short period of time, that perhaps isn't totally familiar with all of these laws and all those peculiarities. That the Chief has been allowed to enter the police academy and state mandated classes that are given at the police department. That with Chief Schlieper merely walking into the promotional examination, sitting up there and looking at the grading process, that the Chief's mere presence, in the spirit of the law, had not affected the integrity of the test itself, as far as fairness in what was going on in the promotional examination. Major Knowles stated that a lieutenant is very well going to be the commander of the police department when nobody else is present, that he's going to be the watchman over this city and have the power to run the whole police department. That if a test participant was going to be intimidated to a degree by merely having the chief walking in and having a seat, that they have to really consider whether that person could be a good police commander. After a rather lengthy discussion, Mr. Montgomery made a motion that the test is valid, Dr. Harris seconded the motion and the motion passed. Mr. Bullock stated that Chief Schlieper had committed a violation but that the test should not be thrown out, that Mrs. Stricklin maintain the confidentiality and integrity of the testing area, and that in light of what had happened she was given a verbal reprimand. The Commission directed Mrs. Stricklin to write a letter to Chief Schlieper on behalf of the Commission informing him that in the Commission's opinion of the law, it does not permit him to be in the testing room while a promotional examination is being administered. Mrs. Stricklin accepted the reprimand and stated that she would be writing the Chief the letter requested by the Commission. Dr. Harris made a motion that the seniority point system remain the same, from the hire date into the department, as stated in Local Government Code, Chapter 143, Mr. Montgomery seconded the motion and the motion passed. Civil Service Commission Meeting December 18, 1998 Page - 3 Jan Stricklin read into record Sgt. Richard Garza's appeal. Sgt. Garza passed out some documents pertaining to his appeal, question #96, based upon the word foundation. Sgt. Garza explained that in his opinion the word foundation and part of a sentence in the question, public relations starts with providing good service, the words foundation and start have the same definition. Sgt. Garza read the definitions of the words foundation and start and explained his interpretation of the words foundation and start and that in his opinion there were two correct answers to this question. After a lengthy discussion Dr. Harris made a motion that the test question was a good one and would stand, Mr. Montgomery seconded the motion and the motion passed. Mrs. Stricklin suggested that there be a break at this point of the meeting, Mr. Bullock agreed. Meeting was stopped at 2:28 p.m.. Sgt. Garza was asked by Mrs. Stricklin to be the sergeant -at -arms during this break. Mr. Bullock called the meeting back to order at 2:42 p.m.. Mr. Bullock stated the Commission was ready to hear Item #4, Appeal Hearing of Fire Battalion Chief Promotional Examination by Fire Captains Roger Ritchie and Leroy Chaddick. Mrs. Stricklin read into record Fire Captain Roger Ritchie's appeal and addendum. Captain Ritchie stated that test question #96 was thrown out of the promotional examination and this was a violation because an appeal had not been filed or heard by the Commission concerning this test question. Mrs. Stricklin stated that she had been advised by a testing applicant that test question #96 had a typographical error in it. She looked at the test question and noticed that a typing error had occurred in the correct answer selection, thus making the test question's answer incorrect, she then advised the testing applicants in the room that test question #96 was being removed from the promotional examination. Captain Ritchie asked if the Director of Civil Service has the authority to remove a test question from a promotional examination while the examination is taking place. Mrs. Stricklin stated that she has thrown out test questions in the past that had typographical errors with the approval of past Commissions, and no one has ever appealed those test questions. After a discussion by all, Dr. Harris made a motion that the Director of Civil Service has the authority to throw out a test question that is obviously wrong before, during and while grading is in process of a test. And that the second part of this motion is that the test question be removed from the promotional examination. Mr. Montgomery seconded the motion and the motion passed. Mrs. Stricklin stated that Captain Ritchie's addendum was that test questions #9 and #85 were taken from the old source material of the Wichita Falls Fire Department Rules and Regulations and not the updated Civil Service Commission Meeting December 18, 1998 Page - 4 source material. Mrs. Stricklin made a recommendation that these two test questions be removed from the promotional examination because they were from the old source material and not updated. Mrs. Stricklin also stated that she went through the entire promotional examination to check and see if other rules and regulations test questions were from the old source materials and there where no others. Dr. Harris made a motion to except these two test questions as bad ones, remove them from the promotional examination and for there not to be any effect on the test scores. Mr. Bullock seconded the motion and the motion passed. Mrs. Stricklin read into record a letter from Captain LeRoy Chaddick requesting that certain documents be brought to the Civil Service Commission meeting pertaining to previous promotional examinations for his review and use during his appeal. Mrs. Stricklin then read into record Captain Chaddick's appeal. Mrs. Stricklin stated that she had visited with Captain Chaddick concerning his letter of request on certain documents and Mrs. Stricklin had advised him that she does create technical questions for all promotional examinations that she prepares and administers. After this explanation he had agreed that these documents were not necessary to be presented at this appeal hearing. Captain Chaddick stated that a civil service law had been violated because the appeals process does not allow the Director of Civil Service to make decisions, that the Civil Service Commission have the authorities. Mrs. Stricklin stated that the Civil Service Commission has given her the authority to make decisions on test questions that she considers to be bad test questions, typographical errors, to be thrown out during a testing process. Mrs. Stricklin also stated that even if she throws out a test question, a testing applicant has the right to file an appeal. Mrs. Stricklin stated that when a test question is removed the remaining questions are scored on a different value to equal the 100% total score. Bill Sullivan stated that the Civil Service Director has to have some authority to administer tests and to notify participants if a typographical error has occurred and be able to throw out a test question or that the question is being corrected. After a lengthy discussion the Commission reaffirmed that Mrs. Stricklin has the authority to thrown out a test question that she feels is a bad question. Captain Chaddick stated his second item of appeal was that the overall test was invalid because it did not follow the state law because of the nature of the questions. That the validity of the test questions did not apply to the position being tested for because some of the test questions pertained to the other fire department ranks. Chief James stated that the 100% choice system is not a good one but that Mrs. Stricklin has to abide by the state law and at the present time that is the only system available. Mr. Bullock asked if the Fire Battalion Chief position supervises all other ranks under that position. Captain Chaddick stated yes and Mr. Bullock stated that the Fire Battalion Chief needed to know the functions of the other . .1, Civil Service Commission Meeting December 18, 1998 Page - 5 ranks. Several other fire department employees present at the meeting voiced their opinions stating that the promotional examinations needed to be more challenging on the skills and abilities of the positions being tested. Mrs. Stricklin stated that when she makes up test questions she gives them to Fire Chief Ronnie James or the Assistant Fire Chief to review each new test question for job relevancy and he signs off on each test question for approval or disapproval. Mr. Bullock asked if there needed to be more updated source materials purchased for each fire department rank to produce more test questions and Mrs. Stricklin stated that due to the allocated monies in the fire department budget that there is not enough monies available for all new source materials. Mrs. Stricklin stated the City Council had approved $17,000.00 for some new source materials and those source materials were used in this test. After a lengthy discussion, Dr. Harris stated that Mrs. Stricklin had followed all the guidelines and laws and made a motion to let the test stand, Mr. Montgomery seconded the motion and the motion passed. Mr. Bullock stated he wanted to advise the City Council in a form of a resolution, rattier than a motion, of the concerns of the Civil Service Commission that more new source materials are needed in educational issues in the Wichita Falls Fire Department. Mr. Bullock asked if there was any old business to come before the Commission, there was none. Mr. Bullock asked if there was any other business to properly come before the commission. Mr. Montgomery stated that a workshop needed to be scheduled to address several issues that came up during the present meeting. There being no further business, the meeting adjourned at 5:10 p.m.. Respectfully submitted, L� J Stricklin irector of Civil Service RECEIVED IN CITY CLERVI'S OFFICE Date RV