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04-26-1989 F ~ Q MERIT BOARD MEETING April 26, 1989 - 7:30 P.M. Conference Room at City Hall ROLL CALL CeCe Stevens Karen Grasberger Harry Jones - Chairman Marvin Owens Sherry Young Present Present Present Present Present Also present were - Karen Rickelman, Pat DiLeva and Jill Caruso. Chairman Harry J6nes called to order a regular meeting of the Merit Board at 7:30 p.m., Wednesday, April 26, 1989, in the conference room of City Hall. APPROVAL OF MINUTES The minutes of January 25, 1989 were approved by a motion made by Ms. Grasberger, seconded by Mr. Owens. The minutes of February I, 1989 were approved by a motion made by Mr. Owens, seconded by Ms. Young. The minutes of February 28, 1989 were approved by a motion made by Ms. Young, seconded by Ms. Graberger. The minutes of March 9, 1989 were approved by a motion made by Ms. Young, seconded by Ms. Grasberger. Motions were approved 5-0. OLD BUSINESS - ADOPTION OF AMENDED BY-LAWS Chairman Jones passed the Amended By-Laws to the Board members for their signature. KAREN RICKELMAN CASE ~i~ Jones stated he had spoken to Mr. Powers when the agendas were posted and Mr. Powers asked what the Board intended to do. Chairman Jones stated it was merely to bring the Board up to date. He added, the Board was in disagreement with Mr. Power's memo, dated March IS, 1989 to the Honorable Mayor and City Council. The memo 'was read into the record. It was noted the Council minutes of March 20, 1989 did not reflect what was said at the February 22, 1989 Merit Board meeting. Chairman Jones continued, saying, Mr. Powers stated February 22, 1989, that no actual situation has arisen as of that date, it was very difficult to convey the reality of such a situation. The data provided showed that Ms. Rickelman had written Mr. Powers a. letter on February 9, 1989, which stated, as per page 14 of the employees information guide, that every employee has the right to come to the Merit Board or at least the procedures set forth there to come to the Merit Board. Mr. Powers answered that letter on the 21st of February 1989. The meeting of the 22nd of which Mr. Powers said that no actual situation had arisen as of this date etc. Chairman Jones stated to the Council that night that it was impossible for him to understand how he could say he did not know .: o Q MERIT BOARD MEETING April 26, 1989 Page -2- about it when he had answered her (Ms. Rickelman) letter the day before. This action that occured on Ms. Rickelman's part appeal to the Merit Board constitutes a direct conflict between the function of the Merit Board and the Council Manager form of government. Chairman Jones has gone over this directly and can find no conflict at all. Ordence 88-0-11 states in part, the City Manager may be acting head of one or more of the departments. Ms. Rickelman went through the proper chanels and it is the Boards contention that at the time he (Mr. Powers) signed Ms. Rickelman's merit rating he was acting not as City Manager, but as the acting head of the finance department. Consequently that was within legal rights. Chairman Jones continued to say this boarders on a criminal offence called misfeasance which means accomplishing a legal action unde~illegal or culpable conditions. Chairman Jones went on to say the SPEA Contract states in an issue such as this the City Manager would be the final authority unless an individual utilized the appropriate portion of the union contract. The SPEA Contract states, Art. 3, Pg. 3, Par. 3, "nothing I contained in this agreement shall foreclose any employee governed by the agreement from pursuing his right or remedy without representation of the employee organization". Ms. Rickelman did not have to go through the union procedure. Chairman Jones spoke with the City Attorney and three councilman with regard to Mr. Powers being out of place with his comments. They all told Chairman Jones that no one had ever addressed the fact of him (Mr. Powers) being in an other position at that time. And therefore, the City Attorney said he would have to look it over to come up with a decision as to what is what. This took place on March 20, 1989. As yet, Chairman Jones has received no ruling. A memo from Chairman Jones to the Honorable Mayor and the Council has been sent requesting a joint meeting or workshop for the purpose of ironing this out. Ms. Rickelman addressed the Board as to her own progress thus far, explaining the changes in her second evaluation. Discussion with the Board followed. Ms. Rickelman also inquired as to how many personnel files can be in the office as there appears to be two or more. Also mentioned;was the issue of the low morale of the employees and what could be done to rectify this. The filing of documented grievances was one way suggested by Mr. Owens. In ending the discussion of the Karen Rickelman Case, Chairman Jones stated that the case was not closed. A joint meeting is planned to settle this. NEW BUSINESS Chairman Jones, with the Boards approval, will prepare a Policy for Part Time Employees. A rough draft prepared by Chairman Jones on the Policy for Part Time Employees was read. CHAIRMAN REPORT There is nothing further to report at this time. ADJOURNMENT Ms. Grasberger moved to adjourn, seconded by CeCe Stevens. All agreed to adjourn at 9:10 p.m. Minutes submitted by Sondra Meager-pengov, Secretary Minutes of the Merit Board Meeting of April 26, 1989