Committee Minutes
MINUTES
Grand Forks Civil Service Commission
December 11, 2008
Vice-Chairman Burlog called the Grand Forks Civil Service Commission to order at approximately 3:30PM in City Hall, Council Chambers. Commissioners, MacGregor and Nies were present.
CHANGES/ADDITIONS TO AGENDA
HR Director Hovland asked the Commission to suspend the agenda and move up the discussion of the Appeal of Disciplinary Action by the Mayor, since the Commission’s attorney Ron Fischer has to leave early.
Ron Fischer explained that the original hearing date on the Mayor’s disciplinary action had been postponed at the request of Mr. O’Toole’s lawyer until after the criminal trial and the Commission had agreed to that request. Mr. Fischer stated that he had received a request from Mr. O’Toole through his lawyer to withdraw his appeal. The effect of that would mean, the Mayor’s discipline is sustained and it would stand assuming the Commission agrees to go along with it. I have checked with the City attorney Howard Swanson, he’s consulted with the Mayor; the Mayor indicated he’s in agreement with the request to withdraw the appeal. Ron Fischer stated it would be his recommendation to the Commission to accept that request for the withdrawal with the understanding that this means the Mayor’s discipline is upheld. Ron Fischer stated he would enter an order signed by the Chairman or acting Chair, which would state that the appeal is dismissed and the Mayors discipline is upheld. The question might arise; Is there authority for the Commission to go ahead with the hearing anyway? It would be my position (Ron Fischer) that you could make such an argument, but the Commission would be treading on very thin ice to do that. The Commissions authority on appeals is limited to reviewing the record that was presented to the Mayor and determining if the Mayor’s action is supported by substantial evidence. If the Commission finds it is, then City Code says such action
must
be sustained. This really doesn’t give you a whole lot of wiggle room to do anything else. The lawyer for Mr. O’Toole is conceding that point by requesting the appeal be withdrawn. It is my recommendation (Ron Fischer) that the Commission concur with the request. Commissioner Nies asked how the motion should be worded. Mr. Fischer said that the motion should be worded that request to withdraw the appeal is granted with the understanding that the Mayor’s discipline is upheld and the Chairman or acting Chair of the Commission is authorized to sign an order to that effect. Commissioner Nies made that motion and was seconded by Commissioner MacGregor.
All approved, motion carried.
Commissioner Nies made the recommendation to notify Commissioner Bredemeier, who is out of town, that the hearing on Monday had been cancelled.
Mr. Hovland had one more change to the agenda, which was on the Police Sergeant (Test cutoff); the register should have been listed under the Reassignment Register and not as an Eligibility Register. It was moved by Commissioner Nies and seconded by Commissioner Macgregor.
All approved, motion carried.
APPROVAL OF MINUTES
It was moved by Commissioner MacGregor and seconded by Commissioner Nies to approve the November 13, 2008 regular meeting minutes.
All approved, motion carried.
REASSIGNMENT REGISTER
Program Compliance Officer
Mr. Hovland stated it has been a past practice of the Commission to use a score of 70 as a cutoff. Mr. Hovland recommended establishing a cutoff at 80.67% which puts two names on the register. Discussion was held. It was moved by Commissioner Nies and seconded by Commissioner Macgregor to establish the cutoff for the Program Compliance Officer Reassignment register at 80.67%.
Margaret Kurtz
Holly Van Santen Knipe
All approved, motion carried.
Greenway Specialist
HR Director Hovland stated there were two individuals that were interviewed. Looking at the scores Mr. Hovland recommended the Commission place both on the register. It was moved by Commissioner MacGregor and seconded by Commissioner Nies to establish the cutoff for the Greenway Specialist register at 89.00%
Kim Greendahl
Thomas Sand
All approved, motion carried.
Police Sergeant (Test cutoff)
Mr. Hovland stated it has been a past practice of the Commission to use a score of 70 as a cutoff. Mr. Hovland recommended establishing a cutoff at 74.00%, which is the lowest score. Discussion was held. It was moved by Commissioner Nies and seconded by Commissioner Macgregor to establish the test cutoff for the Police Sergeant Reassignment register at 74.00%.
All approved, motion carried.
REEMPLOYMENT VACATION ACCRUAL
Mr. Hovland pointed out the excerpts from the City Code under Reassignment register in the Commissions packet. He stated the city had an employee who resigned in good standing in October and conditions in his life have changed and he has requested he come back to employment. The Mayor has made the appointment based off the reemployment register that the Commission established in November. Per City code, if the employee has been gone for less than one year it is if they have never left. The Commission needs to approve the accrual of vacation at the same rate and manner as existed at the time that he resigned. It was stated by Mr. Hovland that the employee would lose their seniority. It was moved by Commissioner Nies and seconded by Commissioner MacGregor to approve the accrual of vacation request.
All approved, motion carried.
ADJOURNMENT
It was moved by Commissioner Nies and seconded by Commissioner MacGregor to adjourn the December 11, 2008 regular meeting. The meeting was adjourned at approximately 3:38PM.
Respectfully submitted,
Daryl Hovland Human Resources Director