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10-22-1986 o o 01 CITY OF EDGEWATER MERIT BOARD October 22, 1986 7:00 p.m. CONFERENCE RCDM fvlINUI'ES The Chainran, Russell Gold, called the meeting to order at 7:00 p.m. in the Conference Room at City Hall, Edgewater. ROIL CALL Members present were: Chainran Russell Gold, Cecelia Stevens, Linda Kuhbander, Jack Corder, Ruth Garvey. Also present were Cornelia A. Martinez, City Clerk/ Administrator; David Jones, Assistant Code Enforcement Officer; Dennis Fischer, Code Enforcement Officer/Building Official. Mr. Gold called for approval of the minutes of May 28, 1986, the last meeting held by the Merit Board. Mrs. Stevens rroved the minutes be accepted, seconded by Mrs. Garvey. Motion CARRIED 5-0. OID BUSINESS None. NEW BUSINESS David Jones, Assistant Code Enforcement Officer - Request for Hearing Mr. Jones addressed the Board and gave a complete background pertaining to the position of Fire Safety Inspector and the steps taken since September, 1985, when it was first introduced and tabled until October 23, 1985, when it was again tabled. Mr. Jones continued that it was, for some reason, buried again and on IvIarch 26, 1986, it again came before the-Board. He also stated Mr. Fischer at that time stated the necessity of having a Fire Safety Inspector, as Mr. Fischer had to go to a Mr. Bosse in New Smyrna Beach several times and Mr. Bosse became reluctant, as it wasn I this jursidction. Mr. Jones went on to explain that since he was hired in 1984 he has been doing fire inspections and when he tried to attend::- a school in Boston this past rronth he was told he was not a fire inspector. Mr. Jones then presented a merro concerning the adoption by Council of the position of Fire Safety Inspector in March of 1986, with the approved Pay Grade 13. He also presented memo's of reCOllTIleI1dation for Pay Grades by Mr. Fischer, which went down to 10D, saying this was the inconsistency of management. Mr. Jones also told the Board his evaluation was made on July 18, 1986 and was not received by him until September 22, 1986, and that he received an 87. He explained further that when he returned from his Baltirrore trip he received a new evaluation, with the grade staying the same but the wording saying "prorrotion to New Fire Safety Inspector/Assistant Code Enforcement Officer which . renews a six rronth probationary period and subsequent evaluation" to which Mr. Jones objected, saying he had served his six rronth probationary period when he was hired and he asked the Board to notice the recorrrnended pay grade had been 13A and is now 10D. Mr. Jones then went into quite a discussion as to why he thought he was the Fire Safety Inspector, including the purchase of business cards containing that title, and discussed all the courses he had attended pertaining to Fire Safety. Mr . Jones concluded by stating he has given his job his all, and he believes that in March when this Board recommended to Council a Pay Grade 13 and it was voted unanirrously by Council, Management should have acted on this at that time and he should be receiving Pay Grade 13A for what he has been doing. Mrs. Stevens asked if there were to be any questions, and Mr. Gold suggested Mr. Fischerspeak and the Board could get back to questions later. o o Mr. Fischer then spoke to the Board and stated that to bring them up to date, he was hired back in December of 1983 and for those of the Board who do not know him, he is Dennis Fischer, Building Official and Department Head for the Building and Code Enforcement. He continued that at the time he was hired, there was no one in the Department but a secretary; that the amount of the work load made it necessary to hire additional help, although there was a very limited budget; that advertisements were then placed for an Assistant Code Enforcement Officer. !-tr. Fischer stated he interviewed eight or ten people and when JYlI". Jones came in, he was highly recommended and from his resume would not have to be trained, someone already approved to do inspections, which is one of the prirrary reasons for hiring David Jones, as he was a Certified Fire Inspector. He stated Mr. Jones was was subsequently hired in July of 1984 as Assistant Code Enforcement Officer, to enforce the Codes of the City. The City Codes, he continued, are not only their Ordinances, but also the adopting Codes that the City would adopt. He explained they have adopted building codes, housing codes, fire codes, and so the heading "Assistant Code Enforcement Officer" means to enforce all Codes in the City. Mr. Fischer stated that site plan reviews were being done by the Fire Department and very few carments were being made as to what fire input was being done, and as a re~ult of this, Mr. ~or:es' expertise helped to review the site plans, etc., and that thlS was a great addltlon at that time. Mr. Fischer continued that Mr. Jones' evaluation after six rronths was favorable and he received a merit raise; that a year ago he also received favorable marks and again obtained a merit increase. Mr. Fischer stated that as a Supervisor, he has the ability to hire or fire, if necessary, and to prorrote or demote. He said the evaluations that were given were all favor~le, with the recomnendation for a prorrotion with a subsequent six rronth evaluatlon done in late July. It was never enacted because of vacation periods, etc. and it was put in the drawer; that about a rronth later Mr. Jones made a hasty request to go to school in Baltirrore, and he discovered he was not titled as a Fire Inspector. Mr. Fischer said what happened was, the evaluation was done, the raise was given, a m eri t raise, but the prorrotion was never enacted and he believes it is up to him to make that decision. He explained that at that time, he did not want to give the prorrotion for numerous reasons which he did not want to get into, except he was not ready to give a prorrotion as a reward for work and duty at that time period. Mr. Fischer stated the prorrotion is still under consideration and this is the question Mr. Jones would like to have resolved. He then asked the Board if they had any questions. At this point, Mr. Jones went into a very lengthy discussion as to the schools he had attended to secure rrore knowledge and that after the April, 1986 recorrmendation from Council that a Fire Safety Inspector was needed, he definitely believed that he was the Fire Safety Inspector. Mrs. Martirez then stated the Council approved the poSItion but not the person. Mr. Fischer said the merit raise was given for over-all performance and the prorrotion to Fire Safety Inspector wqs under consideration and still is, even though fire safety inspections have been done all along. Mr. Gold th~ s~ted e:e Board must determine if he was hired for a particular job...- and perfomng hls dutles; that the position was recomnended but not given and it ' was now up to Mr. Fischer. Mr. Gold then asked Mr. Fischer what reason he had for not ~antin9 to prorrote Mr. Jones, and Mr. Fischer said the prorrotion is still under consld~atl(:m, that a "wait and see" attitude has come into play. Mrs. Stevens asked If thlS was a personality bit and Mr. Fischer said the prorrotion is stili under consideration; that there are a lot of outside circumstances involved that he cannot,put his finger,on right at this time, but as a Deparmtnet Head, he had to reconslder the prorrotlon. Mr. Fischer also said he and Mr. Jones had discussed these matters, that the prorrotion has never been denied. Mr. Jones then asked what he has done as a bad. employee, and Mr. Fischer answered Mr. Jones had received a good evaluation and a merit raise. Mrs. Stevens said there should be discussions between the b<.D so the employee can find out what he is doing wrong so he could try and improve. ' Mr. Jones then stated he had had personal problems which he admitted did inter- fere with is work for a short time and asked Mr. Fischer' if this wasn ~ t the reason. Mr. Fischer said it was one of many, and that it is the attitude of the employee. . :-',. Merit Board Minutes of October 22, 1986 Meeting -2- o o Mr. Fischer then related incidents which caused him to delay action on the prorrotion and said the prorrotion was not given until such time in the future when a reevaluation could be rrade and perhaps a turn around in the employee IS attitude. Mr. Gold then said he could at last see the point, but he believes it still relates back to when Mr. Jones believed he was hired, back in April. Mr. Gold also stated the relationship between Mr. Fischer and Mr. Jones is bound to have same effect, and which ever way it is going, Mr. Fischer and Mr. Jones have to work it out, instead of bringing all their laundry out into the public. Mr. Fischer stated he was very grateful Mr. Jones was here to do fire inspections as that was what stuck out the largest when he hired Mr. Jones; but he also added he believes Mr. Jones should be grateful, also; what other job could you utilize your expertise and WJrk at your own discretion. Mr. Jones works in his hours, and Mr. Fischer does not dictate the hours. fvlr. Fischer continued - Mr. Jones works an average of twenty to thirty hours a week, depending on his schedule and he is the acting Building Official in the absence of Mr. Fischer. In surrmary, Mr. Fischer said he believes the City is very grateful it has a certified fire inspector of the State to do same of the job duties of the fire inspections; and he believes Mr. Jones, also, should be thankful he has the opportunity to work in conjunction with his other full time job at his leisure in the field he is trained~for. Mr. Gold then stated we still have to have this clarified; Mr. Jones is still working and doing the job, and yet he isn It getting the increased pay for it, although he is certified. Mrs. Martinez added he is State certified, not Edgewater certified, which is the post script he brought with him but we did not re:jUest he have that. Mrs. Martinez added that again, she cannot keep but repeating we are ever so grateful for him having that in his pocket, but we did not order it. Mr. Gold said it falls on Mr. Fischer, as the position was given him not for one particular person but to whom he sees fit. Quite a discussion followed as to whether the fire inspections are Mr. Jones I perogative, and if he refused to do them then the job Council created would have to be filled. Mr. Corder stated as far as he could see Mr. Fischer has done nothing wrong; Mr. Jones is going on jobs that are not on that description but Mr. Fischer still has the right to pick and choose whom he wants in that position; that the Board cannot force him to do this. Mrs. Garvey said there seEmS to be such a lack of currmunication here, a condition she can talk of from experience. Mr. Corder then suggested the Board vote on the retracti ve pay and Mr. Gold said we cannot grant it because he was never in that position. Mrs. Stevens said she is on Mr. Jones I side because he is doing the job. Mr. Fischer said in the Codes the City adopted, Code Enforcement Officer/Building Official, that is part of the job description. Mr. Gold stated again we cannot give the retracti ve pay as he is not in that position and we cannot force the Deparbnent Head to give him that job. Mr. Jones said he has tw::> years invested in that job and if they even went full time they would have to give him that position. Mr. Gold said no, they donlt have to give it to Mr. Jones, but he could be considered for it. Mr. Jones added he would be given the position because of his resume but r-'rr. Gold stated others might have the same qualifications. Mr. Jones still said if they have other qualifiers he would still get the job because of his seniority. Mr. Jones said he still didn It understand why meetings were held with Mrs. Martinez and Mr. Fischer concerning wages if he was not the one being considered. Mr. Corder brought out that Mr. Di Leva has the same title but cannot do fire inspections and Mr. Fischer stated in the Code, fire inspection is part of the job descripton. Mr. Jones said now it is on the record, he must discontinue because of liability; he must reconsider this. Mrs. Stevens asked if his main objection was the payor the title or both. Mr. Jones answered he is the one with egg on his face; that a lot of business people in this town, a lot of contractors in this town and Council members of this town assumed he was Fire Inspector and he believes this is the worse slap he has ever had from Management. He also stated he cannot get any better than he is; he is as good as he will ever be; and Mr. Fischer asked him if he thinks he is as good as he will ever be and Mr. Jones said perhaps he had worded that wrong, but he has done his job and will continue to do so, but he does want to know when a Fire Inspector will be hired. Merit Board Minutes of October 22, 1986 Meeting -3- o o Mr. Gold said it would be difficult as to how Mr. Fischer and Mr. Jones will work together; that it will rest between the two of them to get together and resolve it or there will be a parting of the ways. I-lr. Gold asked if there were any rrore cornnents or if Mr. Fischer and Mr. Jones had anything rrore to say. There being none, Mr. Gold told both men he hopes they can work together and that they can resolve their differences and carry on. Mrs. Stevens then rroved the rreeting be adjourned, seconded by Mr. Corder. The rreeting adjourned at 9: 00 p.m. r-1inutes submitted by Dorothy C. Barrity -- Merit Baord I'-'1inutes of October 22, 1986 Meeting. -4-