Committee Minutes

MINUTES
Grand Forks Civil Service Commission
July 13, 2006
Chairperson MacGregor called the Grand Forks Civil Service Commission to order at 3:34PM. Commissioners MacGregor, Nies, Bredemeier, Johnson and Burlog present.
APPROVAL OF MINUTES
It was moved by Nies and seconded by Bredemeier to approve the June 8, 2006 minutes as amended under rejection of application item page 2, wherein Commissioner MacGregor opposed the motion rather than Commissioner Johnson. All approve, motion carried.

Commissioner Nies stated she felt the minutes did not reflect the intent of her motion in the Rejection of Application Appeal of Mr. Feilen. She stated her motion was not specific to one position, it was to reinstate Mr. Feilen as an applicant. Commissioner MacGregor stated he did not read it that way. Commissioner Burlog stated his intent was to be general as well. Commissioner Johnson stated his intent was to be general as an applicant as well.

Ms. Wilkie stated page C-1 includes summary minutes for the Commission which types out the words of the Commission regarding this item. The Commission reviewed the summary.

Commissioner MacGregor stated based on page C-2, that the question was asked if the motion was for this position only or for all positions, reinstating him as an applicant for any position. Commissioner’s Nies motion was to reinstate Mr. Feilen as an applicant for any position. The minutes relative to this item are ok. No action taken.

CHANGES/ADDITIONS
HR Director Hovland presented the only addition is an information item relative to Commissioner Johnson’s term to be placed at the end of the agenda.

Mr. Hovland also requested the Eligibility Register items be moved to the bottom of the agenda.

It was moved by Burlog and seconded by Johnson to approve the changes/additions to the agenda. All approve, motion carried.



CONSIDERATION BY COMMISSION FOR ELIGIBILITY
OF NON-CLASSIFIED EMPLOYEE PER 6-0513
Melanie Parvey-Biby
It was moved by Bredemeier and seconded by Nies to approve Ms. Biby as an internal applicant for the Environmental Compliance Specialist. Discussion held. Ms. Biby is a non-classified employee who meets the minimum qualifications of this position and has been a benefited contract employee. All approve, motion carried.
REASSIGNMENT REGISTER
Environmental Compliance Specialist
It was moved by Burlog and seconded by Bredemeier to approve the reassignment register at 91.00% for the position of Environmental Compliance Specialist as follows:
Melanie Parvey-Biby
William Sukalski
All approve, motion carried.
Wastewater Treatment Plant Superintendent
It was moved by Bredemeier and seconded by Nies to approve the reassignment register at 97.00% for the position of Wastewater Treatment Plant Superintendent which has been returned to a Civil Service position as follows:
Donald Tucker
All approve, motion carried.

REEMPLOYMENT REGISTER
Assistant City Engineer – Cindy Voigt
It was moved by Nies and seconded by Bredemeier to approve the request of Cindy Voigt to be placed on the reemployment register for Assistant City Engineer. All approve, motion carried.
Office Specialist, Senior – Public Health
Melanie Summers Jones
It was moved by Burlog and seconded by Bredemeier to approve the request of Melanie Summers Jones to be placed on the reemployment register for Office Specialist, Senior (Public Health). All approve, motion carried.
REJECTION OF APPLICATION
(Wastewater Treatment Plant Operator)
APPEAL PER 06-0504 City Code
Harry Feilen
Chairperson MacGregor stated as was voted at the last meeting and as was clarified with the minutes, a motion was made that would allow Mr. Feilen to be an applicant for any position in the City. If the Commission decides to revisit that issue, the item can be reconsidered, but a motion has to be made by one of the people who voted in the affirmative, which would be Commissioners Nies, Johnson or Burlog. If we don’t revisit the item, the motion will remain as is wherein Mr. Feilen can apply for any position in the City subject to qualifications. Commissioners Burlog, Nies and Johnson understand and the vote will not be reconsidered.
ELIGIBILITY REGISTER
Wastewater Treatment Plant Operator
It was moved by Bredemeier and seconded by Nies to approve the eligibility register at 70.50% for the position of Wastewater Treatment Plant Operator as follows:
Forrest Haug
Colin Voss
Wesley Scholand
Harry Feilen
Richard Haabak
ShreeKant Poudel
All approve, motion carried.
REJECTION OF APPLICATION
(Community Service Officer)
APPEAL PER 06-0504 City Code
Harry Feilen
HR Director Hovland stated he communicated with Attorney Warcup regarding this issue. The fact that he placed the item on the agenda and went against the motion of the Commission, in and of itself requires action by the Commission, either to hear this item or reaffirm the initial vote.

Lieutenant Sieber was present and stated in speaking with the Police Chief regarding this issue, that Chief Packett would defer to the recommendation of the HR Department.

Chairperson MacGregor asked if there are any questions. Ms. Wilkie asked if communication with Attorney Warcup stated it needed some action, despite what the Commission voted on, there should be a separate motion to affirm the applicant. Ms. Wilkie stated that for each position, the HR Director must find applicants qualified or unqualified. Those applicants who are disqualified by the HR Director, have an appeals process to the Commission, therefore it would appear that these items should be taken on a case-by-case basis.

HR Director Hovland stated this CSO position, is the exact position that Mr. Feilen was in when his contract was terminated. Based on those circumstances for ending his contract prior to the term ending, is the reason for rejecting this application.

Chairperson MacGregor stated if, in the first motion, he was to be considered as an applicant for any position, he would be treated as any other person applying for a job. Once he gets into the process of applying, he would be treated as any other applicant who can come to us on an appeal on rejection of the application.
Chairperson MacGregor stated the Commission should act on the rejection of this application for this position.

Chairperson MacGregor stated Mr. Hovland wrote the letter of rejection to Mr. Feilen (J-3), Mr. Feilen wrote the letter dated June 19, 2006 to Chairperson MacGregor requesting a special meeting. Chairperson MacGregor responded on July 4, 2006, that unless there was a special request from the PD to Mr. Hovland, we would hear it today.

HR Director Hovland stated his reason for the rejection is based on City Code wherein the applicant has a work record of previous employment inconsistent with the standards expected of a City of Grand Forks employee.

Mr. Harry Feilen presented that this was a one time incident. He stated he fully understands the zero tolerance sexual harassment policy of the City of Grand Forks. He added that several other individuals have had this type of situation and have carried on in a professional manner and still conduct themselves professionally within the City of Grand Forks and he knows he can as well. He stated this will never be an issue again and stated he has learned his lesson.

HR Director Hovland said if Mr. Feilen was selected as the successful candidate for this position, the employees would be the same ones reflected in the harassment case. Mr. Hovland stated although Mr. Feilen states it would never happen again, we would be placing the victim in this case, in a hostile work environment.

Chairperson MacGregor asked Mr. Feilen what other people he was referring to who have had this same situation and nothing has happened to them. Mr. Feilen stated he did not mean nothing has happened to them, they had the same type of complaint and received the same punishment that I did except it did not go to the point of termination. They are still employed by the City of Grand Forks. I would not include the victim in this. I know it would not be an issue. Mr. Hovland states it would be a hostile work environment and I don’t see that as a hostile work environment on my end. If she sees it as a hostile work environment I can’t speak for her. There’s no ill feelings that I have for her.

Commissioner Burlog stated the problem I have is that your position was eliminated. Mr. Feilen explained the duties of the CSO position and that the person hired to replace him, has left.
Commissioner Bredemeier asked if this position would be working in the same area with the same individuals. Mr. Feilen stated according to the advertisement, yes it would. Ms. Wilkie stated this position was advertised as such and would be working directly with the Property and Evidence Technician.

HR Director Hovland stated to Mr. Burlog that Mr. Feilen’s contract was terminated approximately 9 months prior to the ending of the term.

Chairperson MacGregor stated his concern is not with positions other than this one, but I am concerned with this position. I don’t think we should be allowing someone to go back into a position where they had a situation or problem. I’m saying we put another employee at potential risk or hardship in their job, which is why I voted against the motion the last time. Commissioner Bredemeier agreed.

Commissioner Nies asked if the other employee has been sounded out. Mr. Hovland stated it would not be prudent to ask the other employee. Ms. Wilkie stated this situation would be different had the harassment not been substantiated, but in this case the Chief of Police, HR Director, Administrative Coordinator and City Attorney did substantiate the sexual harassment did occur, which would be our position.

Commissioner Nies asked if what we’re discussing is whether he should be allowed to apply for exactly the same position with the same personnel.

Mr. Feilen stated Mr. Bunce interviewed the victim and it was stated that she was satisfied with the one day suspension and moved from her office. I don’t believe the termination was due to her input. I can’t speak for her.

Chairperson MacGregor stated in this case, you would be going back to work with her. Mr. Feilen stated yes. Commissioner Bredemeier stated the agreement with the victim was that you would not work in that area. If we said you should be able to apply for this position again, we would be going against those recommendations. Mr. Feilen said he believes so.

Chairperson MacGregor stated he would entertain a motion to either allow Mr. Feilen to apply for this position or to uphold Mr. Hovland’s rejection of the application for this CSO position.

It was moved by Bredemeier and seconded by Nies to uphold the rejection of the application of Mr. Feilen for the position of Community Service Officer.

Commissioner Burlog stated personally he has a problem in that the Commission is doing the work of the employer. I’m sorry, but if something happened, the employer should have said, based on this, your employment is terminated, right then and there. I don’t feel it is up to us (Commission), to pick up the burden of the employer. I will vote against the motion for this reason.

Ms. Wilkie stated Mr. Hovland is doing the job of the employer and protecting the rights of the victim in this particular case as well. Commissioner Burlog stated he is not saying anything against HR, he feels that it is not up to the Commission to say you were let go, you’re contract was terminated without cause.

Commissioner Burlog stated if I was the employer and someone did something wrong, I would fire them. In this case, they did not fire him, they terminated his contract and there’s a difference.

Chairperson MacGregor stated because he is an at-will employee, the City did not have to go through that process. Commissioner Burlog stated this should have been done way back when. Commissioners unanimously agreed.

HR Director Hovland stated he agrees with the Commission’s position, however, Mr. Feilen is appealing his decision now, and that’s what you are considering.

Commissioner Johnson stated he wasn’t terminated. It wasn’t brought up as a firing. I think we treated him quite well at the last meeting with the motion. I don’t think we should expose employees to the same situation where there was a problem. Any other position, I wouldn’t have a problem with, but this one I do.

Chairperson MacGregor called for the motion. Commissioners MacGregor, Bredemeier, Nies and Johnson voted in the affirmative. Commissioner Burlog opposed. Motion carried.
ELIGIBILITY REGISTER
Community Service Officer
It was moved by Nies and seconded by Johnson to approve the eligibility register at 75.25% for the position of Community Service Officer as follows:
John Plante
Edward Strenkowski
Shawn Warrick
Morgan Knauf
All approve, motion carried.
Communications Specialist
It was moved by Nies and seconded by Johnson to approve the eligibility register at 88.00% for the position of Communications Specialist as follows:
Stacey Majkrzak
Milo Smith
John Bernstrom
All approve, motion carried.

INTENT OF COMMISSIONER JOHNSON
TERM EXPIRATION
Commissioner Johnson’s Civil Service Commission term ends July, 2006. HR Director Hovland requested intent from Commissioner Johnson regarding reappointment. Discussion held. Commissioner Johnson stated he is interested in reappointment by Mayor Brown to the Civil Service Commission.

ADJOURNMENT
It was moved by Bredemeier and seconded by Burlog to adjourn the July 13, 2006 regular meeting. All approve, motion carried. The meeting was adjourned at 4:23PM.