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04-25-1990 Q o CITY OF EDGEWATER MERIT BOARD MEETING REGULAR MEETING WEDNESDAY, APRIL 25, 1990 CONFERENCE ROOM, CITY HALL Meeting was called to order by Harry Jones at 7:32 P.M. ROLL CALL: CECE STEVENS KAREN GRASBERGER SONDRA PENGOV DORIS PATTERSON HARRY JONES, CHAIRMAN PRESENT PRESENT PRESENT PRESENT PRESENT Also present was Lisa Miller, Board Secretary~ APPROVAL OF MINUTES: The minutes for February 28,1990 were presented for approval. Ms. Pengov questioned one change that had been put in "it could have been unfair." She did not recall that on the tape. Mr. Jones stated that it was there on the tape. Ms. Pengov stated that she was sure Mr. Chamberlin stated that "he felt it was unfair." Ms. Grasberger questioned if we still had the tape. Ms. Pengov stated that we do. Ms. Pengov moved to have the secretary listen to that segment of the tapes. Ms. Grasberger asked if we could access the tapes that evening. Ms. Miller stated no they are locked in the vault. Ms. Stevens seconded. Motion passed 5-0. Ms. Grasberger moved that the minutes of February 28, 1990 be approved except for the paragraph in question that stated: in paragraph four (4), should be changed to.. the evaluation had of 89 points in November and felt unf a i P. ^ e (,..../~ been changed from a score October to 84 points in that ~lt:t-have-been I'YVJ. ~ Ir 't' e..::l:<.Q/' , Ms. Stevens seconded the motion. Motion passed 5-0. UNFINISHED BUSINESS: Mr. Jones gave a brief background on what had been happening with the letter regarding the swearing in of witnesses at grievance hearings for the benefit of Ms. Patterson, the new member. Mr. Jones stated that one of the things that he wanted to get squared away was to change the Bylaws to reflect the decision of swearing in of witnesses so it would be a part of the Bylaws. He also stated that he wanted to look through the Bylaws to see if there were any other changes to make in the Merit Board Bylaws, or even if they wanted to put the decision into the Bylaws. He feels that it should be in there since they have the legal opinion from the City Attorney on it. He stated that it is not anything that is unheard of by Boards. There is one of the other Boards that also swears in witnesses. Ms. Pengov stated that In the Code Enforcement Board it states right in the Code Book of Ordinances that during Code Enforcement Board Meetings that witnesses will be sworn in. It's right in the Ordinance. The Merit Board Ordinance in the Code Book is not as specific as the Code Board. There is nothing in there that reflects the swearing in of witnesses and so it probably, since it is quasi judicial, should be put in and maybe clarify what a "witness" is. o o CITY OF EDGEWATER MERIT BOARD MEETING REGULAR MEETING WEDNESDAY, APRIL 25, 1990 CONFERENCE ROOM, CITY HALL Meeting was called to order by Harry ~ones at 7:32 P.M. ROLL CALL: CECE STEVENS KAREN GRASBERGER SONDRA PENGOV DORIS PATTERSON HARRY JONES, CHAIRMAN PRESENT PRESENT PRESENT PRESENT PRESENT Also present was Lisa Miller, Board Secretary. APPROVAL OF MINUTES: The minutes for February 28,1990 were presented for approval. Ms. Pengov questioned one change that had been put in nit could have been unfair." She did not recall that on the tape. Mr. Jones stated that it was there on the tape. Ms. Pengov stated that she was sure Mr. Chamberlin stated that "he felt it was unfair." Ms. Grasberger questioned if we still had the tape. Ms. Pengov stated that we do. Ms. Pengov moved to have the secretary listen to that segment of the tapes. Ms. Grasberger asked if we could access the tapes that evening. Ms. Miller stated no they are locked in the vault. Ms. Stevens seconded. Motion passed 5-0. Ms. Grasberger moved that the minutes of February 28, 1990 be approved except for the paragraph in question that stated: in paragraph four (4), should be changed to.. the evaluation had of 89 points in November and felt unfair. been changed from a score October to 84 points in that it could have been Ms. Stevens seconded the motion. Motion passed 5-0. UNFINISHED BUSINESS: Mr. Jones gave a brief background on what had been happening with the letter regarding the swearing in of witnesses at grievance hearings for the benefit of Ms. Patterson, the new member. Mr. Jones stated that one of the things that he wanted to get squared away was to change the Bylaws to reflect the decision of swearing in of witnesses so it would be a part of the Bylaws. He also stated that he wanted to loo~( through the Bylaws to see if there were any other changes to make in the Merit Board Bylaws, or even if they wanted to put the decision into the Bylaws. He feels that it should be in there since they have the legal opinion from the City Attorney on it. He stated that it is not anything that is unheard of by Boards. There is one of the other Boards that also swears in witnesses. Ms. Pengov stated that in the Code Enforcement Board it states right in the Code Book of Ordinances that during Code Enforcement Board Meetings that witnesses will be sworn in. It's right in the Ordinance. The Merit Board Ordinance in the Code Book is not as specific as the Code Board. There is nothing in there that reflects the swearing in of witnesses and so it probably, since it is quasi judicial, should be put in and maybe clarify what a "witness" is. o o Ms. Stevens questioned Ms. Pengov as to what City O~~icials are sworn in and not sworn in as things are brought to the Code En~orcement Board. Ms. Pengov stated that the only people that need to be sworn in are the citizens that have been subpoenaed to appear. The Attorney, Pat DiLeva, and the Animal Control Officer are not to be sworn in because they are speaking on behalf of the City. There was discussion concerning who grievance hearing and how they would that they would be a witness. would be sworn in at a be requested to appear so There was more discussion concerning the difference between a "participant" and a "l",itness." Ms. Patterson stated that to clarify any future question of swearing in it should be requested in writing. It should be in the Bylaws that way. Ms. Patterson stated that the Board is put in the position of making a "judge-lU,:e" decision, and in order to avoid a future problem with respect to that, what we would need to do then is add an article having to do with witnesses. It should say that should such a problem happen due to the nature of this quotation, it becomes quasi-judicial and in case it should ever have to happen, we're covered. If this should ever go beyond this Merit Board to the court system, you've already done the proper, good, correct thing. Mr. Jones stated that along with this the City Attorney requested that the Board let him do the wording to go in the Bylaws. Ms. Grasberger questioned if the City Attorney has already done that. Mr. Jones stated that no, the City Attorney hasn't because Mr. Jones hasn't had the authority to give it to him yet. He felt that the decision to change the Bylaws needed a full board and that if everyone was in agreement with the Board he would be happy to go ahead and forward it to the City Attorney requesting that he put into the Bylaws the proper legal verbiage for this action. Ms. Pengov questioned whether the City Attorney would have to clarify what a witness is. According to the Webster's dictionary the definition is: A witness is one asked to be present at a transaction so as to be able to testify to its having taken place. Ms. Patterson stated that you also needed the verb to witness because thel-e is a d i ~~el-ence in be i ng a ~., i tness and ~., i tness i ng. Mr. Jones stated that i~ they are going to send it to the City Attorney, they don't really need to discuss the de~inition. The Board could ask him to clari~y the word "witness" in this decision. There was more discussion concerning the matter of requesting persons to come as witnesses to grievance hearings. Ms. Stevens moved to have Mr. Jones turn the Bylaws over to the City Attorney for the purpose of putting in the swearing of witness procedures in the Merit Board Bylaws. Ms. Patterson seconded the motion. Ms. Grasberger questioned if Jose Alvarez makes the insertion and it comes back to the Board, where else does it have to go before the Bylaws are changed? Ms. Miller stated that each thing that goes to Council goes before the City Manager first and he attaches a cover letter to it with his recommendation. Motion passed 5-0. Page 2 o Q Mr. Jones stated that they wanted to put to the City Attorney 1. the question of witnesses~ 2. request in writing to appear as a witness Mr. Jones stated that the Board needed another thing in the Merit Board Bylaws. He stated that the Board needed a disclaimer in the Bylaws as there is not one now. Mr. Jones stated that should a portion of this become illegal that the entire document would not become illegal. Ms. Pengov moved that the Merit Board includes in the letter to the City Attorney that the Disclaimer be addressed in the Bylaws. Ms. Grasberger seconded. Motion passed 5-0. Ms. Pengov stated that she had been getting more feedbacJ~ from the employees concerning the Cody Study and there was some discussion on this subject. Ms. Patterson requested to be filled in on the Cody Study~ and requested a copy so that she could review it. There was discussion concerning encouraging employees to take advancements to apply for new jobs. Ms. Grasberger stated that some of the employees don't have the advantage of being career counseled by their immediate supervisor or department heads. They need to be given the opportunity to know about positions that soon may be opening in advance. lf the supervisor knows of something that's coming up they should encourage an employee to take a course or a class so they'll be ready for it. There was discussion concerning sending employees to seminars or schooling that will enhance their performance on their job. Ms. Patterson stated that it is a good investment in their people. She stated that government work is a difficult~ demanding job and therefore the people need this kind of support- stress releasing activity. Maybe they won't get a promotion here but they have opportunities outside that they didn't have before. Ms. Grasberger stated that everybody should be granted the same opportunity for advancement no matter what their department. Ms. Pengov questioned if Ms. Grasberger wanted to send a guy who worked on the garbage truck to computer school. Ms. Grasberger stated that no~ they would send him to something that is applicable to his line of worJ~. lt would be a type of schooling that will benefit him in the area he works in so he can advance. The question came up if there was anything the Merit Board could do about it and it was stated that this is not the function of the Merit Board. Mr. Jones stated that the Board was responsible for the full scope of the personnel program in an advisory capacity. Ms. Grasberger would like to see it get to the point that they don't deal solely with grievances. She would like to see it not wait until it becomes a problem. She would address it in a manner where the Board is trying to be helpful in an advisory capacity, to educate the top level so they learn how to see that the middle level and lower level gets the education that will help them to advance. Page 3 - ~ o o Ms. Pengov stated that the City has already sent the Department Heads to school and the supervisors are now going. Mr. Jones stated that the Board needed to put this item on the agenda for the next meeting and everyone needed to think what could be done to benefit the City itself. He stated that it would cost some money, but he felt that they could spend a little bit on training of personnel. lt need not necessarily be training the employee for a higher jOb, but training them to do their job better which will automatically put them in a position to go to a higher level job. Ms. Grasberger asked if Ms. Pengov can the next meeting some information on seminar that the Department Heads attending so the Board will have a progressing. bring back to the Board at what type of workshop or and Supervisors are now little idea of how its Mr. Jones stated that Daytona Beach Community College had courses that they could teach that we could use for the City Employees. Ms. Patterson also stated that there should be an Activity Bulletin Board making them aware of free courses, special events,and things like the computer users group at the Library. These things are there. Ms. Stevens stated that it would be nice if on the Merit Evaluation it could be reflected that the person has had outside continuing education. Ms. Grasberger stated that she feels that it is important for the Board to serve in a grievance procedure situation, but equally as important to act as a catalyst in a situation like this even if its just in a nudging way. She would like to see it so that everyone could have an equal opportunity for schooling. Mr. Jones requested that the secretary give the board an updated copy of the duties of the Merit Board from the Code Book. Ms. Pengov moved to adjourn. Ms. Grasberger seconded. Meeting adjourned at 8:42 P.M. Minutes Respectfully submitted by Lisa R. Miller Page 4