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HomeMy WebLinkAbout2007-09-06 CSC MINUTESCIVIL SERVICE COMMISSION ` CITY OF CHULA VISTA MINUTES September 6, 2007 Conference Room C106 Thursday, 5:15 p.m. City Hall Building 1. MEETING CALL TO ORDER 5:15 p.m. 2. MEMBERS PRESENT Commissioners Silva _P_, Saucedo _P_ Floros _E_, Marrufo _P_, Stevenson _P_ 3. APPROVAL OF MINUTES - July 5, 2007 August 2, 2007 MSC (STEVENSON/SAUCEDO) 4-0 To approve the Examination Announcements. (FLOROS, Excused) 4. APPROVAL OF EXAMINATION ANNOUNCEMENTS Police Agent I Promotional 07505108P MSC (SILVA/MARRUFO) 4-0 To approve the Examination Announcements. (FLOROS, Excused) 5. APPROVAL OF ELIGIBLE LIST Emergency Services Coordinator Open 07556304 Environmental Health Specialist Open 07612905 Police Lieutenant Promotional 07503103P Chair Silva asked if the vacant position is a result of a hearing. Marcia Raskin, Director of Human Resources responded yes. Chair Silva noticed the top score on the list was a 90 and asked if it was acceptable as a means score. He also commented that at a prior Civil Service case, the score was overlooked and said that the past'employee was probationary and probably should not have passed probation and caution that the position is a very important one. As a citizen of Chula Vista, he has concems and was not happy with the type of performance of the ex- employee. He stated that the City deserves the best candidate especially for that position. Marcia Raskin, Director of Human Resources explained the list was created and established but does not believe that the position has been filled. For the exam, a very comprehensive panel was selected that included the IT Director and staff from both the Nature Center and the Fire Department. The department is pleased with the number one candidate and that the scores could have been the results of very tough scoring. She also reports the title was modified and the class specification was revamped. MSC (MARRUFO/SAUCEDO) 4-0 To approve the Eligible List. (FLOROS, Excused) 6. NEW BUSINESS - A. Request to extend the Fire Engineer Eligibility,list for one year submitted by Deputy Fire Chief Jim Wenzel. MSC (STEVEN/SILVA) 4-0 To Extend the Fire Engineer Eligibility List for one year as submitted by Deputy Fire Chief Wenzel. (FLOROS, Excused) , B. Appeal of Discipline. (CSC.046) Marcia Raskin, Director of Human Resources explained that the appeal is for a 3 -day suspension and that it has been imposed. The employee did have representation but were informed that the attorney is no longer representing him. The hearing is scheduled for September 24th. Ms. Raskin commented that the hearing should only take one day. C. Election of Chair and Vice Chair Chair Silva stated that he has received written communications from Mr. Floros stating that he is willing to continue as Vice -Chair. Chair Silva announced that he is also willing to serve another year as Chair unless someone else would like to Chair. e, Civil Service Commission Minutes September 6, 2007 • Commissioner Saucedo motioned to accept Mr. Silva to serve another year. Chair Silva asked to modify the motion to have Mr. Silva as Chair and Mr. Floros as Vice -Chair. Motion to elect and accept Mr. Silva as Chair and ,Mr. Floros as Vice -Chair. MSC(SAUCEDO/MARRUFO) 3-0-1 To Elect and accept Mr. Silva as Chair. (FLOROS, Excused: SILVA, Abstained) MSC(SAUCEDO/MARRUFO) 4-0 To Elect and accept Mr. Floros as Vice -Chair. (FLOROS, Excused) Chair Silva commented that as appeals are submitted, he would like to rotate the Chair position at hearings so that everyone can gain experience. Commissioner Stevenson commented that she feels sure,that there will be plenty of opportunities to Chair hearings. Chair Silva thanked everyone and said it is a pleasure to work with everyone and enjoys what he does. 7. OTHER BUSINESS - A. Staffing Reports — Read Items only. B. Civil Service Rules Marcia Raskin, Director of Human Resources provided a copy of the draft with all changes and copies of the strikeout version. Ms. Raskin explained that she has been meeting with Sharon Marshall and Irene Mosley on a regular basis and that they have incorporated changes received from department heads, our own staff and commission changes as well as experiences that have occurred during recent hearings. Ms. Raskin, Director of Human Resources explained that the rules do get complicated when talking about layoffs where there is a point system and seniority base. The department has shared with the larger bargaining units including CVEA who may be impacted this time around, of all the new reclassified titles. The classified group has undergone a reclassification study over the last 7 years. The document contains new titles and drafts of the Bumping Charts. She said that in the event of layoffs, they would meet and confer with the groups later in the year. Copies of Section 2.0 regarding layoffs have been provided to department heads and the bargaining units and they are filing them away until the outcome of the budget. But due to the budget, incentives for people to move along, the health care component and potential layoffs, a busy fall and winter season are ahead for the department. Ms. Raskin said that once the revisions are complete, they would present them to the bargaining units first by setting up meetings to discuss the changes. Some changes include shifting some of the responsibility from the Commission to the Director of Human Resources for practicality such as deciding if an exam will be open or closed promotional after the fact. Another area is the discipline process and the hearing procedures where it may not be necessary for a whole body of the commission for a hearing. She spoke about another issue that may be controversial and that some bargaining units might dislike. The scenario is when there is a closed promotional exam due to good in-house candidates and some of the in-house candidates have not yet passed probation or close to passing probation and becoming permanent. When the opportunity comes up for promotion, as the rules state now, they are not eligible to;apply, which will exclude some highly talented people. She explained the purposed change would allow those probationary employees who really meet and in a lot of case excess the minimum standards the opportunity to apply. Ms. Raskin states that it could be a controversial issue with the groups and possibly for the Commissioners. This has been presented to the bargaining units along with scenarios. She commented this may not be a good time to put something like that in the rules and at the same time probationary employees are the most vulnerable for potential layoffs. Ms. Raskin asked that if the Commissioners do not agree on any of the purposed language changes, she would like to know that earlier than later. Sharon Marshall, Senior Assistant City Attorney added that there are a couple of things that have not be included yet that are particularly relevant such as allowing hearings only after the suspension is three days or more. She explained that more research needs to be conducted but feels that it would be okay. This process is similar to San Diego where suspensions or demotions do not require a full commission. It would be a single hearing officer who could then report back to the Commission and terminations would require a quorum. It will allow actions to move more quickly. Ms. Marshall states that these items have not been included as of yet. Ms. Raskin, Director of Human Resources said that there is more coming and nothing would make her happier -than to have a final draft to present to the bargaining units on top of other meet and confer items. Ms. Raskin mentioned she is working on a final draft of the Employer Employee Relations Policy and that will not be presented to the bargaining units at this time. She said that the Civil Service Rules are about 95 percent where she would like them to be and is Civil Service Commission ' Minutes September 6, 2007 negotiating layoffs if in fact they do have to layoff. is 8. COMMUNICATIONS A. Chair's Comments - None B. Commissioners' Comments Commissioner Stevenson thanked Mr. Silva in doing a stellar job as Chair of the Commission and really appreciate all the time and thoughtfulness that he puts into Chairing at both the regular meetings and particularly at the hearings. She is please to hear that Mr. Silva is willing to serve for another year. C. Staff Comments I Sharon Marshall, Senior Assistant City Attorney reported that Veronica Aguilar filed a writ on the Ruiz hearing and her allegation is that the Commission exceeded its authority by suspending the employee for eleven mohths. Ms. Marshall explained that she was not concern and that no law has been cited. She says the attorney does not mention anything that supports her theory. What she is saying is that the Commission rules say that an employee can only be suspended for ninety days. But what the Commission rules really say is that the appointing authority can only suspend an employee for ninety days but case law indicates that Commission itself can modify that. Ms. Marshall feels that the Commission should know since they are being sued. Chair Silva commented that there was case law from San Diego that supports that the Commission can do something that is in the same kind of category, but could not, for example increase a suspension to a termination. Sharon Marshall, Senior Assistant City Attorney said that is the case the attorney cites. Marcia Raskin, Director of Human Resources reported that no one has requested copies of the transcripts. Sharon Marshall, Senior Assistant City Attorney commented that they are supposed `to provide a copy of the Administrative Record when filing a writ and she did not. Marcia Raskin, Director of Human Resources echoed Commissioner Stevenson in that she could not be more please. Ms. Raskin commented that she has complete confidence that when the Commission moves forward with items regardless of the work the department has done behind the scenes in helping the appointing authorities get to wherever they got, that the Commissioners sorts through it very well. She also said that everyone pays attention, ask great questions and are engaged in the process. Ms. Raskin states that she could not be happier with the Civil Service Commission and with Mr. Silva as the Chairperson. Ms. Raskin thanked the Commissioners again. D. Public Comments - None 9. ADJOURNMENT - The Civil Service Commission adjourned to the next regular scheduled meeting on Thursday, October 4, 2007, at 5:15 p.m., in the Council Conference Room C106 at City Hall, 276 Fourth Avenue, Chula Vista, CA 91910. WP: MINUTES:\CSC9.07 0 ANNA KEMERY, SECRETARY