02-29-1984
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CITY OF EDGEWATER
MERIT BOARD MEETING
February 29,1984
The meeting of the Merit Board was called to order at 7:00 P.M.
in the Council Chambers of the Edgewater Community Center.
ROLL CALL
Betty Billups
Robert Bates
Dr. Roland Bazin
Walter Gross
Debbie Sigler
Present
Present
Present
Present
Present
Also
Present:
Police Chief Overman
Connie Kinsey, City Clerk
Terry Wadsworth
Susan Wadsworth
Mr. & Mrs. Bill Britain
APPROVAL OF MINUTES
Dr. Bazin made a motion to accept the minutes of the January 25,1984,
being seconded by Mr. Gross. Upon roll call vote the motion CARRIED
4-1 (Mrs. Billups stating she was not present at that meeting) .
COMMUNICATIONS
Chairman Bates requested that Mrs. Sigler read the letter from Sgt.
Bill Britain. (A copy of said letter is attached to the original
minutes) To summarize, Sgt. Britain is requesting to be put on the
pay scale equally with the other sergeants in the Police Department.
He was told by his Police Chief when the merit pay plan went into
effect this would be done.
Mr. Gross stated he has been aware of this situation and he commended
the job done by Mr. Britain. He stated he feels sergeant Britain should
be brought up to par with the other sergeants.
Dr. Bazin asked Sgt.Britain whether he is considered a patrol sergeant
or a detective sergeant.
Sgt. Britain explained he is the patrol supervisor for his shift.
He also submitted the evaluations for the board members to review.
Dr. Bazin questioned why Sgt. Britain agreed to the 2.5% increase.
Sgt. Britain explained that everyone was aware that there was a merit
plan being worked on. He was advised by his Chief that although the
plan was not officially in effect, they were more or less trying to
"play around" with the new forms to see what problems there might be
and so forth. He was informed by the Chief that everyone would be
treated this way by placing me on a specific step. He went on leave
and when he returned he discovered other sergeants were automatically
boosted to $7.26 per hour were evaluated and now receiving $7.55 per
hour. He immediately approached the Chief about this and there is no
other way to put it except that he has been put off. He followed the
normal chain of command, which was going to his Chief to ask for a
meeting; he was told that Connie was on vacation, the Chief then was
on vacation, there were several other problems within the City and
he just kept being put off. Last week he was finally able to meet
with Mrs. Kinsey.
Mrs: Kinsey added that this was the first time she had been told about
Sgt. Britain even wanting a meeting with her.
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Dr. Bazin pointed out that Sgt. Britain's anniversary date is before
the other men and it came just before the plan went into effect. One
question that was brought up at our last meeting was whether the
Detective Sergeant and the Patrol Sergeant should be in separate
classification grades. He asked if the Detective Sergeants have
special training?
Sgt. Britain answered no, not in this department. The biggest dif-
ference is the callout time, they are on stand by and they are not
on an overtime basis. He added that he feels you loose money by going
into the detective division.
Dr. Bazin added that the board discussed the possibility that the
detective sergeant should be higher in the classification schedule.
Mrs. Sigler questioned if Sgt. Britain was shown the pay scale and
if it was explained how everyone would fall in line if the plan went
into effect.
Sgt. Britain answered he was not aware of this until after he came
back and found they had been evaluated and stepped up one more than
he. He explained that no one knew when this plan was going to go
into effect, and if it had been another thirty days, they would have
been on the same step as he, if the Chief handled it the same way.
He said he asked the Chief to come to the meeting tonight, and he
thought he was going to be here to explain his decision.
Mr. Gross asked Sgt. Britain if he performs the same duties as the
other sergeants. The answer was he does perform all the same duties
plus he is the breathalizer maintenance operator. Mr. Gross added
that it was the proper time to evaluate Sgt. Britain and he was due
a merit increase due to the results of his evaluation.
Dr. Bazin agreed that Sgt. Britain should be brought up on the merit
he has, not because the other men were brought up.
Mr. Gross restated that Sgt. Britain has the same job the other men
have and he is not being compensated the same.
Mrs. Sigler explained that when Sgt. Britain's evaluation was due we
did not have a plan, it was up to the department head's discretion to
give each individual an evaluation and a raise on how they felt it was
warranted. Two sergeants could have been evaluated at the same time,
one could have been given 4% and one could have been given 2% according
to how their supervisor felt they deserved it. She added she is not
sure how we can prejudge what the Chief was thinking when he did Sgt.
Britain's evaluation.
Sgt. Britain went over the evaluations he brought to the board, one
of the older evaluation forms shows above average, one shows outstanding,
the new form shows two points below outstanding (98).
Mr. Gross questioned another situation the same as this one, regarding
Larry Westfall and his pay?
Mrs. Kinsey explained that Larry Westfall filed a formal grievance and
it went to federal arbitration. We have not received an answer on what
the arbitrator's word is yet. He did not come to the Merit Board, this
was not the same situation.
Mrs. Kinsey informed the board that she and Sgt. Britain have talked on
this matter. She explained by taking the plan and going forward from
the date it was adopted, technically he has not been evaluated by the
plan. There are numerous examples throughout the city which have been
discussed previously that the reason we need a plan is because of the
problems in existance prior to setting this space between steps. Some
were receiving 1% upon good evaluations, some were receiving more, this
is not the only time this has happened. It was the option of the depart-
ment head to grant the percentage they felt appropriate.
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Sgt. Britain agreed that he has not yet been evaluated under the plan.
He stated that it may have been his prerogative, however he was misled
into accepting the 2.5%. He was told by the Chief that he would be
given more, but they want us to work everybody into the plan.
Mrs. Sigler brought out the point that if the Chief was considering
the plan in the first place, why did he limit Sgt. Britain to the 2.5%
rather than giving him more and putting him on the second step up.
Mrs. Kinsey stated she did recommend that all department heads try to
use the merit plan, and she questioned why the higher step wasn't granted
in the first place.
Dr. Bazin asked if this is a problem that the Merit Board should be
addressed with?
Chairman Bates stated this is a Merit Board matter. There was no
merit plan to work with when Sgt. Britain was evaluated.
Mr. Gross asked who originates a merit increase, the department head,
the Merit Board or the Council?
It was answered that the department head is responsible for the increase.
Mr. Gross asked if we have heard from the department head? He added
we did not hear from the department head at our last meeting and we
agreed with a request from the employee, we voted to increase his pay
and it is all clear.
Dr. Bazin and Mr. Bates explained we tried to make that clear at the
last meeting that we did not make any final decision, it was sent back
to the City Clerk. It is on the agenda to discuss later in this meeting.
Mr. Gross again asked what the department head has recommended for an
increase regarding Sgt. Britain.
It was pointed out that the department head increased him 2.5% and
Sgt. Britain agreed with the increase.
Mrs. Sigler asked the board if there are other employees sitting in
the same situation as Sgt. Britain and we question an evaluation and
a decision made by this department head, are we in line to get other
questions from all the other employees? Also, are we to get involved
with the department head's evaluations and decisions, or are we to
deal with whether he is alleviating from the plan?
Dr. Bazin stated that there isn't anyone else to represent this
gentlemen and someone has to help the man.
Sgt. Britain informed the board again that he had requested the Chief
to come to the meeting tonight and he thought he would be here.
At this time Chief Overman was asked for some input on this matter.
Chief Overman commented that so far, his experience with the men is
that they are good men. His understanding is that the Chief when
evaluating prior to the pay scale being adopted, had the right to
go into any pay scale he wanted to. He offered some type of a deal
about treating everyone the same. His assumption is that if Chief
Baugh chose to give him 2.5% and not tell him why he was giving him
2.5% but instead make a deal; wait until the new plan comes in. He
(Sgt. Britain) should not have accepted that deal. However there
could be reasons for it. He added that he is not use to an evaluation
with numbers on it and no narrative, however if he was asked to evaluate
Sgt. Britain at this time he would have to say he is certainly above
average or excellent. The deal should have not been made, and if he
had a grievance then was the time to state it.
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Sgt. Britain explained that he did not have a grievance at the time.
He only had a grievance after he found out the other sergeants were
not being raised the same as he was and as he was told they would be.
Mrs. Sigler asked if it was October when he found out about all of
this, why is it February before action is being taken?
Sgt. Britain explained that he has been trying to get this straightened
out since that time. He does not want to get into any of the other
political matters within the City, but this could have been part of
the problem causing him to be put off. He went to the Chief within
one week after he discovered the discrepancy, then at least once a
week he spoke to the Chief about getting a meeting with Mrs. Kinsey.
Mr. Gross stated there is a discrepancy here and in fairness to the
employees the Merit Board should rectify an error that was made.
He made a motion that we increase the pay equal to the other three
sergeants due to the fact that he is doing the same work and has
the same responsibility and other responsibilities with the breathalizer.
Dr. Bazin seconded the motion.
Mrs. Sigler stated that she agrees that this is not fair, the only
problem she sees is that we are leaving ourselves open to having other
employees coming to this board and asking us to change their pay against
their supervisor's decision.
Dr. Bazin pointed out if there are other injustices they should be
rectified also. The records speak for themselves right here with
his evaluations.
Mrs. Kinsey stated that such injustices have been going on for several
years, due to the fact there was no specific system. This is why she
denied Sgt. Britian':s request to reverse the Chief's decision. This
board was very well aware of these inequities and that is why we were
in dire need of a merit plan.
Mrs. Sigler reminded the board that at our last meeting we were criticized
for making a decision on one side of a story. Tonight we are doing the
same thing; we do not know the Chief's opinion as to whether he deliber-
ately granted the 2.5% rather than the 5%, which would have put him
between the next two steps and he would have moved up in line with the
other men when the plan went into effect. If the Chief was here or if
we had a statement from him explaining this was in fact an error, there
would be no doubt about the matter.
Sgt. Britain informed the board that the Chief said he would give him
a letter stating why he did this. He did not ask him to do that because
he thought he would be at this meeting.
Chief Overman agreed that the board should be careful of not setting a
precedent. He suggested that should the motion pass, now that you have
in place a system for awarding merit, there be a notation made that the
reason this was addressed is because of a department head error; in
approaching a deal that should not have been made and apparently it
was not understood that he could put the man anywhere he wished. It
may also be stated that this board does not intend to become the
department head's evaluator.
Mrs. Sigler told the board that she did some comparing with other pay
increases granted about the same time period that Sgt. Britain's was
done in an attempt to find a pattern or procedure and there did not
seem to be any system followed within this department. However there
are other examples in other departments where employees are sitting
in the same situation that Sgt. Britain was in when the plan went into
effect. These other cases may have been intentional; this is why it
is important to know whether the Chief's decision was intentional or
~whether it was an error.
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Mr. Gross asked if it is felt that if there are deficiencies they
should be corrected? He feels this is a deficiency and it should
be corrected.
Mrs. Sigler asked if an amendment could be added to the motion?
Mr. Bates requested that the motion be withdrawn and another motion
worded.
Mr. Gross withdrew his motion, Dr. Bazin withdrew his second.
Dr. Bazin made a motion that Sgt. Britain's pay level be brought up
to the equal level with the other sergeants and it is so noted that
this is in agreement with Chief Baugh due to the evaluation made and
an oversight regarding the effect of the plan. The motion was
seconded by Mr. Gross. Upon roll call vote the motion CARRIED 5-0.
OLD BUSINESS
Check list for new hires
It was explained the board misunderstood the intent of this form at
the last meeting. This is basically a check list for the payroll
clerk to determine all the necessary paperwork has been obtained
from a new hire.
Mrs. Kinsey suggested that the basic aptitude test be eliminated.
There were no other additions or deletions made to the list.
Mrs. Kinsey thanked the board for reviewing this.
Det. Sgt. McEver's request
Chief Overman spoke to the board on this matter. He has discussed
this with Sgt. McEver, and he was told he had every right to come
to the meeting tonight. Chief explained that a chief needs the
latitude to transfer people; it is a lateral transfer from patrol
to detective. There could be several reasons for making such a move.
With respect to the comments that there is nothing received with the
transfer from patrol to detective, there is not a raise in pay, however
he does get $350 a year clothing allowance, he is issued a car, his
work hours are more regular. The patrol sergeants have to work mid-
nights, week-ends, holidays, he is limited to the City limits. There
are times when the patrol sergeant handles their own investigations.
The fact that the detectives are on call is true, however they are
compensated with time off. If there is another grade involved, and
the detective is moved back to the patrol division, this would be
considered a demotion. This would not only be a contract problem
but it would also cause a morale problem. There should be other
incentive for the detective position, rather than the increase in
pay. He asked that the board reconsider their initial vote.
Dr. Bazin stated the bottom line is that we did not have all the facts.
It would become very complex making the transfers from detective to
patrol.
Mr. Bates asked if one position is a salaried position and the other
an hourly paid position?
Chief Overman stated they are both hourly paid positions, and basically
the same hours are put in, explaining that the detective's schedule is
a more normal schedule where the patrolman's shift is not.
Mrs. Sigler pointed out we were basing our opinion last month on the
job descriptions. One of these job descriptions for the sergeant
spells out supervisory duties and the other one doesn't.
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Chief Overman said this was an error in the writer of the job
description, they are both supervisors.
Mrs. Kinsey explained that we are in the process of reviewing the
job descriptions with the department heads and making the necessary
corrections and changes. In line with this, the proper titles are
being given to the association for certification. We will have it
prepared all in one package to come through the Merit Board and to
Council for approval.
Chief Overman told the board that any time one of his people has
an item on the agenda, he will probably be at the meeting. Hopefully
to back up the request rather than the case tonight.
Dr. Bazin stated that had the proper authorities been at the last
meeting, we would not have had to have to review this again, and
if the job descriptions were written properly.
It was explained to the Chief that we did not actually take formal
action on the request. The action taken by the board was to have
the Personnel Officer and the Police Chief review the classifications
and consider the request made by Sgt. McEver.
Mrs. Kinsey explained she did what the board requested at their last
meeting, now she and the Chief are bringing this back to the board
showing why the request should be denied.
Dr. Bazin made a motion to go along with the recommendation that the
suggestion be rejected, being seconded by Mrs. Billups.
Dr. Bazin at this time expressed a complaint to Mr. Gross. He made
a statement that at times each board member is going to be on the
losing end of a vote and that is the way things go. Last month Mr.
Gross approached the Mayor and other Council members regarding the
action taken by this board. He feels Mr. Gross may have violated
some of the sunshine law requirements.
Mr. Gross stated that he was asked the next day by the Mayor how the
vote went at the board meeting. He answered the Mayor. He commented
that he has not spoke to Councilman Wargo or Councilman Spencer. He
added that there is no restriction on him telling the Mayor what
happened at the meeting.
Chairman Bates called for a vote on the motion. Upon roll call vote
the motion CARRIED 5-0.
Chairman Bates read the letter written to Mrs. Kinsey regarding the
action taken at the last board meeting. The board did not grant
Sgt. McEver a pay raise; we requested that Chief Baugh be given the
option to correct any discrepancies that existed in his department.
That is the only action taken by the board, until tonight, after
getting further input about the matter, we denied Sgt. McEver's
request. He added that some of the board members were shocked when
the rumors were heard that we had granted a pay increase, when such
was not the case at all.
Mr. Gross again asked if there is some rule set by the Merit Board
that there can not be any discussion about the meetings?
Dr. Bazin explained that he feels we should be able to discuss any-
thing we have to at our meetings, he does not feel we should have
to undermind anyone else.
Mr. Gross asked if the board is telling him that the Mayor should
not be told about what goes on at the meetings?
Mrs. Sigler stated that he should be told the truth.
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There was further discussion among the board members as to the
action that was taken at the meeting and what was said the action
was. It was again explained that the board as a whole realized
that no final decision was made, only an opinion sent back to the
City Clerk for consideration. Chairman Bates called for an
end to the discussion.
NEW BUSINESS
It was commented that the Safety Committee is making progress, thanks
to Mr. Tom Sheraton, who is doing an excellent job as a Safety Official.
There being no other comments from the floor, Chairman Bates declared
the meeting adjourned.
Minutes submitted by:
Debbie Sigler
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