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CSB ag & mins & misc 1980EOUAL PROTECTION ,� �(�J fE '. LE , v. = H '.ivEP 1i SANFORD. CIVIL SERVICE FGAPI./ Cri Af �, MAN DR JOHN F DARBY OF THE SECRETARY C I T Y OF S A N F O R D MACK N. CLEVELAND JR FLORIDA 32771 DONALD R JONES MINUTES OF REGULAR MEETING EMPLOYER EMPLOYEE DR. LUIS M PEREZ July 10, 1980 P1embers Present: Chairman Merle W. Warner Secretary Dr. John F. Darby Member, Mr. Donald R. Jones Member, Dr. Luis M. Perez Member, Mr. Robert M. Morris Others Present: Various representatives from all departments and divisions throughout the City; including: City Manager Warren E. Knowles Assistant to City Manager Steven D. Harriett EEO Officer Francie Wynalda City Attorney C. Vernon Mize City Clerk /Finance Director Henry Tamm Fire Chief George M. Harriett City Engineer /Utility Director Mack Lazenby Dir. of Public Works Bob Kelly Dir. of Recreation & Parks Jim Jernigan Ms. Donna Estes, Evening Herald Chariman Warner called the meeting to order, Thursday, July 10, 1980 at 8:05 PM. The meeting was held in the City Commission Chambers, Room 117, Sanford City Hall. A quorum was present when the meeting was called to order. OLD BUSINESS: 1. Chairman Warner called for the i>ading of the Minutes of the Regular Meeting of the Civil Service Board held Thursday, June 5, 1980. Mr. Morris moved that the readin the Regular Meeting of the Civil Thursday, June 5, 1980 be waived Minutes be approved and accepted motion was seconded by Mr. Jones mously. 1 of the Minutes of Service Board of and that the as mailed. The and carried unani- Chairman Warner called for the reading of the Min- utes of the Special Session of the Civil Service Board held Wednesday, June 18, 1980. Dr. Darby moved that the reading of the Minutes of the Special Session of the Civil Service Board of Wednesday, June 18, 1970 be waived and that the minutes be approved and accepted as mailed. The motion was seconded by Mr. Jones and carried unanimously. LOUAL P`ROIECTION EMPLOYER EMPLOYEE CIVIL SERVICE B(DARD OF THE C I T Y OF S A N F O R D SANFORD. FLORIDA 32771 MINUTES OF REGULAR MEETING August 7, 1980 MEMBERS PRESENT: Chairman Merle W. Warner Secretary Dr. John F. Darby Member Mr. Robert M. Morris MEMBERS ABSENT: Member Dr. Luis M. Perez Member Mr. Donald R. Jones OTHERS PRESENT: City Manager W. E. Knowles Asst. to City Manager Steven D. Harriett EEO Francie Wynalda Rosa Rotundo Finance Dept. Lawrence Monti Police Dept. Willard Sessions P. W. /Shop James Poovey Fire Dept. Charlie Collier Recreation & Parks Rick Holloway Engineering Div. Pete Tucker Fire Dept. Charles Miller P. W. /Streets Lloyd Wall Utility /Plants Frank'Hilton Utility /Water James R. Jernigan Recreation & Parks t MERLE W WARNER CHAiHM14N DR JOHN F DARBY SECRETARY ROBERT M. MORRIS DONALD R JONES DR LUIS M PEREZ Mildred Carver Finance Dept. Gary Winn Bldg., Codes & Zon. Milton Smith Utility /Sewer - Howard Killen Util /Adm. Ulysses Walker / -Sewer Ron Neel Fire nNfL --SC Chairman Warner called the meeting to order, Thursday, August 7, 1980 at 8:05 PM. The meeting was held in the City Manager's Conference Room, Sanford City Hall. A quorum was present when the meeting was called to order. OLD BUSINESS: 1. Chairman Warner called for the reading of the Minutes of the Regular Meeting of the Civil Service Board held Thursday, July 10, 1980. Dr. Darby moved that the reading of the Minutes of the Regular Meeting of the Civil Service Board of Thursday, July 10, 1980 be waived and that the Minutes be approved and accepted as mailed. The motion was seconded by Mr. Morris and carried unanimously. EQUAL PROTECTION + G� EMPLOYER EMPLOYEE NEW BUSINESS: CIVIL SERVICE 130APD OF THE C I T Y OF S A N F O R D SANFORD. FLORIDA 32771 1. A discussion was held in reference to a possible changeover from the Civil Service Board to a Personnel Board. Rosa Rotundo, Finance Dept., expressed concern about legislative act establishing and providing for a Civil Service Board. Mrs. Rotundo requested to know who would have final 15ay? Mr. Morris replied that the City Charter would provide for a Personnel Board and that legislative act establishing the Civil Service Board would be vacated. Chairman Warner suggested the possibility of having a Personnel Board and a Civil Service Board. The Chairman suggested that the Board could serve as a Personnel Board for personnel matters and as a Civil Service Board for appeals processes. In other words retaining both functions could be a possible solution. NERLE VV 'A'ARNER DR JOHN F DARBY SECRc1ARY ROBERT V � ,")RRIS DONALD R JONES DR LU!S . - =REZ Dr. Darby expressed that he sensed that employees were reluctant to leave the Civil Service System. He stated that if an election were held to determine the preference at this point, that 8 out of 10 employes would vote to keep the Civil Service System. Dr. Darby suggested that there should be a factual account in writing of the differences between the Civil Service System and the Personnel Board System. A written summary outlining the lid specific changes was recommended. Dr. Darby introuduced a motion to have th _is�done. `-- Mr. Morris— seconded the motion. Discussion followed. Gary Winn, Building Division, requested to know how a Personnel Board would help the City. Dr. Darby responded that a Personnel Board would be cheaper, provide full -time service, and be much better because employees would get quicker action. Mr. Knowles, City Manager, expressed accessability to the Personnel Board, be realized in any changeover. Using mean more work for the City Manager's sonnel Board would review all matters or transactions. 2 there would be full time but no money savings would the Personnel Board would Office, in that the Per - involving personnel policy IOUAL. PROTECTION ,�- + G� EMPLOYER EMPLOYEE CIVIL SERVICE WAN) OF THE C I T Y OF S A N F O R D SANFORD. FLORIDA 32771 ' ERLE W V.:RNER CHA'RVAN DR JOHN F DARBY SECRETARY ROBERT M MORRIS DONALD R JONES DR LUIS M PEREZ Howard Killen, Utility /Administration, stated that the Civil Service Board should set forth in writing as to what will occur with the change and let it be voted on by the employees. Mr. Morris felt that more study was needed to adequately cover the subject. At this point, Dr. Darby withdrew his motion. In turn, Mr. Morris withdrew his second. James Poovey, Fire Dept., stated that he felt more information was needed. He stated that he felt he was adequately represented by his Chief and did not really need a Personnel Board to represent him in policy matters. Milton Smith, Utility /Sewer, raised a question were receiving less pay than other employees. responded to by the Assistant to City Manager, Harriett explained to Smith that this was not pay structure would be explained to him by his superintendent. as why Sewer employees This comment was Steven D. Harriett. the case and that the department head and At this point, Chairman Warner called for a non - official Straw Vote to determine the preference of the City employees present concerning the changeover from Civil Service to Personnel Board. The results were as follows: 10 for Personnel Board 4 for Civil Service Board Further discussion was to be held at the next meeting. 2. The Board reviewed the following Employee Administrative Reports: HILTON, Franklin, Lab. I, Util /Water, Reprimand POLLARD, Larry, Repairman, PW /Maint., Terminated HOOD, A. L., Supt., PW /Maint., Retired CHANDLER, Jerome, Lab. I, Rec /Parks, Terminated BELLINGER, Carolyn, Clk Typ II, Police /Adm., Resigned JOHNSON, Lorenzo, Lab. I, Util /Water, Terminated WEST, Keith, Lab. I, Util /Plants, Terminated JOHNSON, Melissa, Clk Typ II, Police /Adm., Resigned DeFREESE, Victor, Equip Opr II, PW /Refuse, Terminated JENSEN, Charles, Draftsman, CMO /Engnrg., Resigned ROBINSON, Bobby, Equip Opr II, Util /Sewer, Resigned DAVIS, Robert, Water Mtr Reader, Util /Water, Retired After review of the above listed administrative reports, the Board directed they be filed. 3 EOUAL PROTECTION CIVIL SERVICE C-OAPL) c OF THE C I T Y OF S A N F O R D SANFORD. FLORIDA 32771 EMPLOYER EMPLOYEE MINUTES OF REGULAR MEETING September 4, 1980 MEMBERS PRESENT: Chairman Merle Warner Member Donald Jones Member Dr. Luis Perez Member Robert Morris MEMBER ABSENT: Secretary Dr. John Darby OTHERS PRESENT: City Manager W. E. Knowles Asst. to City Mgr. Steve Harriett EEO Officer Francie Wynalda Rosa Rotundo, Finance Dept. Willard Sessions, PW /Shop Rick Holloway, Engineering Robert Myers, PW /Maint. Gary Winn, Bldg., Codes, & Zoning Gretchen Perry, Finance Betty Robinson, Finance James Poovey, Fire Dept. Charles Miller, PW /Streets Mildred Carver, Finance June Duncan, Recreation Howard Killen, Util /Adm. MERLE N% V,'A,.RNER CH;IiRI.IAN DR JOHN F DARBY SECRETARY ROBERT M MORRIS DONALD R JONES DR LUIS M PEREZ Chairman Warner called the meeting to order, Thursday, September 4, 1980 at 8 PM. The meeting was held in the City Manager's Conference Room, Sanford City Hall. A quorum was present when the meeting was called to order. OLD BUSINESS: I. Chairman Warner called for the reading of the Minutes of the Regular Meeting of the Civil Service Board of Thursday, August 7, 1980. Mr. Jones moved that the reading of the Minutes of the Regular Meeting of the Civil Service Board of Thursday, August 7, 1980 be waived and that the Minutes be approved and accepted as mailed. The motion was seconded by Mr. Morris and carried unanimously. EQUAL PROTECTION EMPLOYER EMPLOYEE NEW BUSINESS: CIVIL SERVICE ELAN) OF THE C I T Y OF S A N F O R D SANFORD. FLORIDA 32771 IVIERLE W WARNER CH41RVIAN DR. JOHN F DARBY SECRETARY ROBERT M. MORRIS DONALD R JONES DR LUIS M PEREZ 1. Mr. Jones was designated as the acting secretary to the Board for August 7, 1980 during Dr. Darby's absence. Mr. Morris moved to appoint Mr. Jones as acting secretary. Motion seconded by Mr. Jones and carried unanimously. 2. A discussion was held in reference to a possible changeover from the Civil Service Board to a Personnel Board. City Manager W. E. Knowles pointed out that the two (2) functions are very close, that there would be no difference in employee benefits or security. Mr. Knowles further stated that if the composition of the Board is of concern, he felt sure that the City Commission would allow employees to have input in the selection process of the Board members. Mr. Knowles explained that the Civil Service Board is essentially responsible for testing, recruiting and appeals hearings, but that the Personnel Board would have a much broader area of assignment to include review of Personnel Policy matters such as pay plans, vacation policies and etc. It was explained by Mr. Knowles that under the current law, the Civil Service Board cannot involve itself in personnel matters other than testing, recruitment and appeals hearings. Mr. Knowles felt that the Personnel Board would be a good interim step, a sounding board for the City Manager to receive input from, regarding personnel matters. Mr. Knowles stated that he believed employees are reluctant to make any change, that employees are apprehensive about what the future may bring. In summary, Mr. Knowles believes that employees are more concerned with the "change" than the actual move to a Personnel Board. Rick Holloway requested to view the two (2) plans and contrast the differences. The Board indicated that Mr. Holloway was welcome to the review at anytime. Mr. Knowles related that he felt that the Civil Service Rules and Regulations could become a part of the Personnel Board Rules and Regulations, thereby ensuring employees of the same benefits under the Personnel Board system. Chairman Warner stated that the Civil Service Board cannot adequately do the job. The chairman explained that employees could be better served by a Personnel Board which is kept up to date and abreast of current events per- taining to personnel administration. Mr. Jones expressed his appreciation for the input received from the employees. Mr. Jones requested that employee involvement continue. 94 EQUAL PROTECTION VERLE 'A' WARNER r CIVIL SERVICE LGAPI) CHAIRMIA" DR JOHN F DARBY fk OF THE SECRETARY C I T Y OF S A N F O R D ROBERT M MORRIS SANFORD FLORIDA 32771 DONALD R JONES EMPLOYER EMPLOYEE DR. LUIS M. PEREZ Dr. Perez wants written documentation that employees will have the right to select at least two (2) of the Personnel Board members before he can support the changeover. Dr. Perez also stated that he believed more than one (1) meeting per month may be necessary if the switch to a Personnel Board is made. Dr. Perez expressed, that in general, he is in favor with the change, provided that employee benefits are the same. Mr. Morris favors the change. Mr. Morris stated that he is going to make sure that the combination of the systems is above board. In response to Dr. Perez's concern, Mr. Knowles explained that an ordinance au needs to be drafted to ensure employee selection of at least two (2) members on the Personnel Board. At this point, several employees expressed that they thought it would be beneficial to view the advantages and disadvantages of each system compared to one another. Dr. Perez introduced a motion to supply each City department with a copy of the analysis of change from the Civil Service Board to a Personnel Board. Motion seconded by Mr. Jones and carried unanimously. 3. A discussion was held in reference to the filling of the vacancy in the Civil Service office. Mr. Knowles requested authorization to employ a clerk to handle Civil Service affairs on a day to day basis. Mr. Morris moved to authorize the City Manager to hire a temporary clerk to administer the Civil Service office. Motion seconded by Dr. Perez and carried unanimously. 4. The Board reviewed the following Employee Administrative Reports: FOWLER, James C., Laborer I, Util /Sewer - suspension (1 day w/o pay) WALKER, Ulysses, Equip Opr II, PW /Refuse - reprimand ANDERSON, James C., Lab I, PW /Shop - suspension ( 4 day w/o pay) WILLIAMS, James E., Lab I, PW /Streets - suspension (1 day w/o pay) HENRY, Antonio, Lab I, Rec /Parks - reprimand After review of the above listed Employee Administrative Reports, the Board directed they be filed. MINUTES OF REGULAR MEETING October 9, ,1980 MEMBERS PRESENT: Chairman, Merle Warner Member Donald Jones Member Dr. Luis Perez Member Dr. John Darby MEMBER ABSENT: Robert Morris OTHERS PRESENT: Asst. to City Mgr. Steve Harriett Personnel Office Francie Wynalda Board Secretary Maggie Mikell Rosa Rotundo, Finance Dept. Willard Sessions, PW /Shop Rick Holloway, Engineering Gary Winn, Bldg., Codes, & Zoning Charles Miller, PW /Streets Mildred Carver, Finance Dept. Howard Killen, Util /Admin. Lloyd Wall, Plants Div. Milton Smith, Sewer Div. Renee Hughes, Recn. Div. Chairman Warner called the meeting to order, Thursday, October 9, 1980 ad 8:05PM. The meeting was held in the City Manager's Conference Room, Sanford City Hall. A quorum was present when the meeting was called to order. OLD BUSINESS: 1. Mr. Jones called foe the reading of the minutes of the regular meeting of the Civil Service Board of Thursday, September 4, 1980. Dr. Darby moved that the reading of the minutes of the regular meeting of the Civil Service Board of Thursday, September 4, 1980 be waived and that the minutes be approved and accepted as mailed. The motion was seconded by Mr. Warner and carried unanimously. NEW BUSINESS: 1. Mr. Jones was designated as the Acting Chairman of the Board for the October 9, 180 meeting by Chairman Warner. 2. Discussion was held in reference to a possible changeover for the Civil Service Board to a Personnel Board. Mr. Jones asked that temployees present who were representing individual divisions in the City give their names and departments to Maggie to be made a matter of record of the meeting. Those employees present are listed earlier in the minutes of this meeting. Mr. Jones then opened the meeting by asking for employees' input into the possible change from Civil Service Board to a Personnel Board. Rick Holloway of Engineering opened the meeting by asking what the _current status of the changeover was. Mr. Jones replied that at the previous Board meeting, Mr. Bob Morris was to have reviewed the changeover and prepared a deposition for the Board to review as to what he thought the change would entail. Mr. Jones indicated that since Mr. Morris was absent this evening, he was not sure where the situation stood. Mr. Jones noted that the discussion in general during that last meeting was fairly well accepted by the members of the Civil Service Board and they felt that they should go ahead with the changeover plans. Rick Holloway requested a comparison between the old system and the proposed changes. He wanted to know if it had been prepared. Mr. Holloway asked the Personnel Officer if she was familiar with any document which may have been distributed to the employees. Miss Wynalda, the Personnel Officer, indicated that Mr. Morris was to have prepared this comparison and to her knowledge it had not yet been done. Miss Wynalda then asked the Board to request that the staff office in conjunction with Bob Morris, go ahead and prepare a document for distribution to the employees for their reivew so that it could be discussed at the next Board meeting; or for the Board to provide some direction as to how to proceed with the changeover. ( �` ( `'U, Mr. Jones then asked for the Board's discussion on this matter. Dr. Darby responded by saying "we can't proceed very well until we get this report from Morris outlining the differences I don't suppose'.' Miss Wynalda responded by saying she would Iike to get together with Bob Morris and write something up so that there will be an item for discussion for the November meeting. Dr. Darby said he could not very well make a motion to order Bob Morris to get to work. He is aware of the fact that we are waiting on it, and he would hesitate to make a motion to that :effect. Mrs. Rotundo said her employees would like a chance to study the comparison. That they are still wondering if the Board wouldn't allow the employees to have a straw vote ballot and to tell the Board how they feel about a change? Dr. Darby said there would be no straw vote, but maybe a secret ballot. Dr. Darby indicated that the would contact Morris personally and tell him that this document is needed, but that he would hesitate to make a motion trying to set a deadline on Morris' review of the document. Mr. Jones asked Mr. Warner if there would be any problem in letting the staff office go ahead and get with Bob Morris to work out something for the next meeting. Mr. Warner indicated he sees no problem with Morris preparing the document, but that he did not think it was fair to throw this responsibility on an individual Board member who was not being paid for performing this service or force him to act in that capacity. Warner indicated that we had a City attorney and others capable to prepare this instrumgnt that we are speaking of and to bring it before the Civil Service Board and then Morris could point out the comparisons, etc. Mr. Warner said he has been hesitant in asking Morris to do something of this nature because the Board could not employ him as an attorney. Dr. Darby said there are a number of impartial experts through out the country who have both types of personnel management; that is, one with a personnel board and one with a civil service board and this is a decision that the City and the Board shall make; that the Board should not be restricted to the opinions of, or the recommendations of the City of Sanford; that Darby would like to see a report from a city comparable in size that has a civil service board setup and list their version of the differences between a civil service board system and a personnel board system. Darby said he was willint to go along with Morris' report, but that he feels that the Board should not impose upon Bob to the extent that he have this ready by the November meeting. Mr. Warner also suggested that the staff office go ahead and prepare the document the way that the City would like to have it and allow the Board to have a copy of this for their review and discussion. He said it would have to be something that the City Commission would have to approve as well as the Civil Service Board. The individual employees must also approve of it. It is going to have to ebe equal and impartial just as it is already set up, not only for the employees, but the City Commission, the administration, the Board and also must be considerate of the citizens of Sanford, whom we all work for. The present Civil Service Board reflects this and it would be wonderful if we could carry the same rules and regulations which we all know work and just change the name, Warner said. Employee Holloway indicated that he was not objecting to the changes but he would like to know in his own mind what the changes would be and that he too did not think it would be fair to push Mr. Morris because he was in a volunteer position and he has been voted in onto the Board by the employees. Holloway said that the employees are anxious to see what the end results will be as far as taking what we have now and adopting it. And make changes if there is something better. Mr. Warner wants to see the Civil Service Rules and Regulations adopted with only a name change to Personnel Board. He would like to see the Personnel Rules and Regulations dovetailed in with the Civil Service Board Rules and Regulations in making the changeover. Mr. Jones asked if department heads had copies of the proposed changes. Miss Wynalda responded that only the Board had these copies and that they were only the first drafts. Mr. Jones asked Mrs. Rotundo to get with her employees and come up with some questions that she might have regarding the proposed changes. She said that she had brought these items up at the previous meetings of the Board, but that her employees want to see the comparison in writing before anything is finalized. She indicated that she would request previous Board member Mack Cleveland to review the suggested changes and pass this information on to Robert Morris. Mr. Jones indicated that we could not proceed further with the meeting until we get input from Morris, and possibly more questions from the employees and then a comparison between the two plans. Dr. Darby said the key to the whole thing lies in one point and that is, "will the Personnel Board be independent as much as it was as a Civil Service Board ". That in his mind, this is the issue in the changeover. He said if Robert Morris can determine that the City employees have just as much rights, and that the Personnel Board has just as much authority to tell the City to put employees back to work, then this is the key question. Is the Personnel Board going to be able to do this? The Civil Service Board can. Mrs. Rotundo indicated the Civil Service Board was an act of legislature and asked if the Civil Service Ac-t would be disbanded? Dr. Darby answered yes. Dr. Perez asked how this personnel system works in other cities? Dr. Darby said that he would like to see how this was set up in other cities too. How the personnel board operates, their powers and areas of responsibliities were the main concerns of the Board. Perez also wanted to know what the Board would be trading if they went to a Personnel Board. Warner indicated that �)( with the Civil Service Act, the Board's decisions are final and the only appeal was to the Courts. !� Warner said that the felt the Civil Service Board was very powerful and he did not want to see the Board loose its powers. Mrs. Rotundo suggested that in reviewing other personnel boards, it would be wise to also review the City Charters. Jones asked the Personnel Officer if she was aware of any cities who were undergoing this change. She indicated that research could be done to find out, and this information could be provided to the Board tat the next meeting. Dr. Darby suggested that it would be best to find a Civil Service Board who has recently changed to a Personnel Board System. There being no further discussion by the employees of the proposed changeover, the Board proceded to continue the meeting on item two of the agenda. 2. Item 2 on the agenda was for the Board to approve the new hire and transfer of Maggie Mickell as Civil Service Board Secretary. Mr. Jones asked Miss Mikell to briefly discuss her background and education. She presented this information to the Board. Dr. Perez made a motion that Miss Mikell be approved and it was seconded by Dr. Darby. The Board unanimously approved. 3. The Board reviewed the following Employee Administrative Reports: CHAPLIN, James Lee, Maint. Worker I, Util /Sewer - suspension (1'day w/o pay) ROBINSON, Robert, Recn. Supvr., Recn. Div. - Reprimand ANDERSON, James, Maint. Worker I, PW /Shop - suspension (1 day w/o pay) MINUTES OF REGULAR MEETING NOVEMBER 6, 1980 MEMBERS PRESENT: Chairman, Merle Warner Member, Dr. Darby Member, Mr. Morris MEMBERS ABSENT: Mr. Jones and Dr. Perez OTHERS PRESENT: City Manager, W. E. Knowles Asst. to City Mrg.,S. Harriett Personnel Officer, F. Wynalda Board Secy., M. Mikell Richard Evans, Fire Dept. D. Johnson, Maint. DEPT. REPS. NOT PRESENT: W. J. C. P. G. R. Sessions, Shop Poovey, Fire Collier, Parks Tucker, Fire Winn, Bldg. Neel, Fire J. Jernigan, Recn. & Parks C. Miller, Streets R. Rotundo, Finance M. Carver, Finance L. Monti, Police R. Holloway, Engineering R. Myers, Maint L. Wall, Plants F. Hilton, Water M. Smith, Sewer U. Walker, Refuse H. Killen, Ut. Adm /Finance Chairman Warner called the meeting to order, Thursday, November 6, 1980 at 8:00 P. M. The meeting was held in the City Manager's Conference Room, Sanford City Hall. A quorum was present when the meeting was called to order. OLD BUSINESS: 1. Chairman Warner called for a reading of the minutes of the regular meeting of the Civil Service Board of Thursday, October 9, 1980. Mr. Morris moved that the reading of the minutes of the regular meeting of the Civil Service Board of Thursday, October 9, 1980 be accepted as mailed. The motion was seconded by Dr. Darby and carried unanimously. NEW BUSINESS: 1. A discussion was held in reference to a possible changeover Minutes of regular meeting, November 6, 1980 con't. from a Civil Service Board to a Personnel Board. Chairman Warner asked Mr. Knowles if any progress had been made since the last meeting re: the packet made by the staff office of the revised Civil Service Board "Personnel Rules and Regulations ". Mr. Knowles responded that there is an enactment clause in the City Charter allowing for a Personnel Board. And secondly that the Board had requested a draft of the changes in the Civil Service Rules and Regulations which basically involved changing the words Civil Service Board Rules and Regulations to "Personnel Rules and Regulations ". At the same time, rules were revised to comply with State Statutes. And that this was the only packet /draft which had been prepared. Chairman Warner asked Mr. Knowles if the personnel rules and regulations were broad enough to give the Board and employees the same protections and rights they now possess? Knowles responded that the changes were simply a duplication of the Civil Service Rules changed to Personnel Rules. That the staff just changed the wording to "Personnel Rules ". Mr. Morris suggested that before Board adoption, the City Attorney review the changes as presented in the draft made by the Staff Office so that the changes do not conflict with State Law. Mr. Knowles pointed out that just recently the City Attorney was appointed to a Judgeship and this might slow the review process. Knowles indicated that he would press Mr. Mize for an opinion before he takes office. Dr. Darby asked for more discussion. Rosa Rotundo brought up the fact that at the last meeting the Board discussed the possibility of Attorney Mack Cleveland reviewing the new regulations. She called him and he responded in the affirmative. Mr. Morris felt it would be more appropriate for the City Attorney to review because of his association with the City. Morris said while he had reviewed the changes and felt they were appropriate, he would not want the Board to adopt them on his opinion alone. If the Board decided to retain an attorney, it needed to be someone with expertise in City and State law. Morris said the Board doesn't want any lawsuits and wants to do things right the first time. Jim Jernigan mentioned that Cleveland was helpful in writing the original Civil Service law and is - familiar with the City, has been for many years, and should possess the necessary expertise. -2- Minutes of regular meeting, November 6, 1980 con't. Mr. Morris indicated if the Board did not.use Vernon, it should consider lawyers who had handled cases and lawsuits in Cities who had similar problems. Possibly someone who had represented Jacksonville or Tallahassee. Steve Harriett indicated that the attorneys from Jacksonville and Tallahassee were probably on their legal staff and not available for outside clients. Dr. Darby asked if there was a motion on the floor. Mr. Morris responded that the motion was to ask Vernon Mize to review the Personnel Rules and Regulations as submitted by the Personnel Officer and render the Board an opinion as to whether he believes them to be legal; and would meet the State Statues and be a backbone for a set of rules they could adopt. Dr. Darby seconded the motion. As to discussion, Morris said he was not suggesting that the Board adopt the rules prepared by Francie. However, he was suggesting that the Board have someone other than themselves look at the rules and the packet Francie pre- pared and each one of the Board has read, and to get an outside opinion of someone who has had expertise in negotiations with the Federal and State laws to get an independent opinion. Dr. Darby then stated that this has nothing whatsover to do with the difference between the Civil Service Board and the Personnel Board. That is the legality of the wording only. Mr. Morris replied that this was correct. Chairman Warner agreed. Rick Holloway asked if Mr. Morris had reviewed the recommended changes as was discussed at last Board meeting. Mr. Morris responded that he had read the package and looking at it, again, suggested utilizing the City Attorney's opinion. However, Morris said that in his opinion, the package looks good, but let's get an experts opinion. Holloway expressed dismay at the changes being prolonged for such a lengthy period, that the employees are interested in the results. Chairman Warner replied that he had the same feelings and asked the City Manager to please try to get Mr. Mize's opinion as soon as possible. Dr. Darby asked Mr. Knowles if it is possible for Vernon to do this in a timely manner with all of the other City business he has to wrap up before he takes his new office. Mr. Knowles said the transition period is forecast from 5 to 6 weeks to take care of their private business. Rosa asked if there was any reason Mack Cleveland could not see this document. The Board members responded "no ". She asked if the document was ready for review. Mr. Knowles responded that it has been in the hands of the Civil Service Board for the last 22 months, since August. All -3- Minutes of regular meeting, November 6, 1980 con't. Chairman Warner reiterated that the Board simply wants some- one to review it to see that what's been done is legal. Morris again recommended Vernon's review. Chairman Warner stated the Board did not want anyone to look at the proposed changes until they had a legal opinion. Mr. Knowles suggested that the Board could allow employees to look at it, the changes, and for them to submit their remarks to the Board. However, Board preferred to hold pending legal review. Morris suggested giving a copy to the president of the Seminole Bar Association and ask him to submit it to any attorney he deemed who would have expertise in this area and give the Board an opinion as a public service to the Civil Service Board. However, he feels that there are very few attorneys in Seminole County familiar with municipal law. And, the Board does not have funds to pay these fees. The motion to have Vernon Mize review the proposed changes was carried unanimously. 2. Chairman Warner asked Mr. Knowles to present his questions to the Board re: the retirement of Fire Chief Harriett and the Board's certification of applicants to be placed on the eligibility list to replace the Chief. Mr. Knowles asked the Board to review the Civil Service law as passed by the State in Rule 20, Subparagraph I, that it exempts the Chief's position for taking competitive examinations. Yet Civil Service Rule 20, subparagraph 2 states the Chief shall be selected from a list of eligibles furnished by the Civil Service Board and the list for a vacancy of a chief will be by exam of employees from within the department. These are two conflicting paragraphs in the local rules. It appears that the State law would prevail and it would be from the next lower grade (assistant Fire Chief) if the City Commission deems that applicant as a qualified employee. Mr. Morris said the Board would have to act by State law. Dr. Darby asked if the City were under any Federal EEO hiring requirements. Mr. Knowles replied that the predetermination settle- ment agreement had expired. However, that the City would still abide by the law in its hiring decisions. Mr. Morris read and interpreted the Civil Service law, and stated that the State law would not require an exam, and that because the employee in the next lower grade was qualified, he should be certified. -4- . Minutes of regular meeting, November 6, 1980 con't. Dr. Darby moved that the Board waive any examination and certify the Assistant Fire Chief as qualified. It was seconded by Mr. Morris. Motion carried unanimously. Richard Evans asked for an interpretation as to what was meant by the next lower grade. Mr. Knowles responded by saying it would be the next lower rank. 3. The Board reviewed the following Employee Administrative Reports: Henry, Antonio; Maint. Worker I, Parks - Susp. (1 day w /opay) Robinson, Robert; Rec. Supvr., Rec. - Written reprimand Mason, Jerry Lee; Maint. Worker I, Util /Sewer - Susp. (1 day w /opay) Myers, David; Custodian, Rec - counseled & written reprimand After a review of the above reports, the Board directed they be filed. 4. The Board reviewed Employee Probationary and /or Annual Evaluation Reports with subsequent merit increases. Howell, Fred; Plant Opr. Trainee, Plts - Probationary w /increase. Keith, Aaron; Police Officer, Police - Annual w /increase. Robinson, Fred; Maint. Worker I - Annual w /increase. Nobles, James; Communication Opr., Police - Annual w /increase. Hickson, Tom; Fire Lt., Fire - Annual w /increase. Ansley, David; Police Officer, Police - Annual w /increase. Young, Margo; Police Officer, Police - Annual w /increase. Johnson, Harold; Firefighter, Fire - Annual w /increase. Killen, Howard; Lic. Official /cus. ser. supvr. /Fin /Util- Special After a review of the above listed annual and probationary reports, the Board directed they be filed. 5. The Board reviewed the Employee Annual Evaluations in "F" Grade: Glivens, John Williams, Frank Smith, Harry Turman, Warren Davis, Robert Greaves, Jack Thomason, Jerry Johnson, Denver Johnson, Clarence Hall, James Pharis, Gene Dillard, Joe Bernosky, Tom Bernosky, Robert Whitmire, Dennis Picklesimer, Thurman Sjoblom, Otis Crews, Steve Maint. Worker I Parks Maint. Worker II Parks Rec. Supt. Rec. Cus. Lead Worker Rec. Meter Reader Util /Water Plant Opr. Util /Plants Hgavy Equip. Opr. P /W/ Streets Trades Worker P /W/ Maint. Custodian P /W/ Maint. Equip. Opr I P /W/ Streets Police Sgt. Police Police Sgt. Police Police Officer Police Police Officer Police Police Officer Police Firefighter Fire Firefighter Fire Firefighter Fire -5- Evall