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01-23-1991 lOwe NINO THE CITY OF EDGEWATER MERIT BOARD REGULAR MEETING WEDNESDAY, JANUARY 23, 1991 CITY HALL CONFERENCE ROOM MINUTES CALL TO ORDER: The RF Meting of the Merit Board was called to order at 700 p.m- on Wednesday, January 23, 1991 in the Conference Room of City Hall. ROLL CALL: Members present were: Ms. Cece Stevens, Ms. Sondra Pengov M. Dors. Patt<= Ms. Kar,= Srasberger, and Mr. Harry Jones. Also present were Karen Rickelman, Karl Looney, and Lisa Kruckmeyer Recording !Fecretary. APPROVAL OF MINUTES: The Minutes of December 4, 1990 were presented for approval. Ms. Pengov moved to approve the Minutes. Ms- Stevens seconded. Motion CARRIED 5-0. NEW BUSINESS: Election of Officers: Chairman - Sondra Pengov made a motion to nominate Doris Patterson, seconded by CeCe Stevens- There being no further nominations, it was moved and seconded to close nominations. Motion CARRIED 5-0. VirP Chairman - CeCO' .1 made a motion to nominate Karen Srasberger, seconded by Sondra Pengov- Ms. Srasberger declined and stated she is only going to be on until June and the Board should think about that. Sondra Pengov then nominated CeCe Stevens, seconded by Karen Srasbercier. There being no further nominations, it was moved and seconded to close no Motion CARRIED 5-0. Pro-tempore - Sondra Pengov made a motion to nominate Harry Jones, secondid by CeCe Stevens. Mr. Jones would not accept the nomination. Sondra Pengov made a motion to table the election of the pro until the February 27th, 1991 meeting. r,--.cF Stevens seconded- Motion CARRIED 5-0- Request for Review of Denial of Grade Reclassification - Karen Rickelman Chairperson Patterson stated she had a question regarding Mr. Johnson's memo to the Merit Board. She stated one of his comments pretty much says the Board should review this with the City Attsrney before any action is taken_ She also stated before the Board proceeds with this, they should be sure they have a right to. Chairperson Patterson referred the Board to the to of Page 1052 of the Code of Ordinances where it states the City Council shall establish by ordinance the duties and functions of the merit board which shall include but not necessarily be limited to classification. She stated before they proceed with this they have to make sure they ha vF a right tn. rone thing says they do and one thing says thir don't- Ms. Penoov referrx=d to Page 1060, of the rode of Ordinances, Section 13 .c!), which states, "The Personnel Officer specifically shall: prepare and recommend for review by the merit board a position classification plan for all erit system employees for the consideration of the city council and install and maintain such a plan, as approved. She also statd nothino NW *WO hae been prepared and recommended from the Personnel Officer in regards to this. rhairperenn Pattersnn etated they should not hear it because the Board is trying to follow the law. She etated the Code book needs to be addressed. Ms. Pengov made a motion tn table this until further investigation can be made by the Board to clarify the wording in the rode took. Me. Stevens seconded. Motion CARRIED 5-0. Ms. Rickelman stated if you look in the Charter it states the City Coil hall establish ity ordinance the duties and functione nf the Merit Board which shall include but not necessarily be limited to classification. Me. Penonv etated the Personnel Officer shall prepare and recnmmend for review by the Merit Board. He has not prepared and recommended anything for them to review. Ms. Rickel man stated that he has denied her reclassification request and that ie the purpoee of the Merit Board to appeal his denial af her reclassification. Ms. Pengov stated they are not in a position to do that She aleo statee Mr. Johnenn reviewed the case and he denied it. Ms. Rickelman stated she is appealing his decision. Ms. Penoov stated they cannot eecond guess the' City Manager. Chairperson Pattern stated the beet thing the Baare, can do ie to clarify the Code book whirh is tying their hands. Ms. Rice] an stated we do not have a City Attorney and asked the board that they were going to do. Chairperson Pat*ersnn etated the guestion that needs to be addressed with the Attorney is the language in the rnde Book and when that le reeolved then the Board can proceed with her case to he fair. Mx. Jones read Section 13-2 (c)(7) of the Code of Ordinanzes which reads, "Hold and conduct hearings involving appeals of any classified employee from a decision made ,.. uy a supervisor affecting his employment or terme and conditions thereof." Ms. Pengnv etatee we are not hearinq from a Supervieor. Mr ]one s stated we are hearing from the City Manager (Personnel Director). Chairpersnn Pattereon etated Mx. Johneon is not Mre. Rickelmans direct supervisor. Her supervisor recommended change and the City Manager (Personnel Director) denied it. Ms. Rirkelman stated, if you look in the Employee Handbook, there are certain steps that have to be follnwed before an empinyee can rome before the Merit Board. She stated ehe has gone through all of those steps. She stated she is here as an appeal in regards to the City Manager's decision. Ms. Srasberger stated at this point, they are not in a poeition to act upon that appeal and it would need to be tabled J.rntil the Board can clarify the language in the Code Book, then we can f i n i eh this, at a later eate. Me. Pengnv stated there is A discrepancy with the Code Rook and the Charter. Chairperson Patterson stated Mr. Johnson per his memo is tel the Board to check with an attorney befnre anything is done. rrt4te t- Meri* Board January 23, 1991 tale *1 4110 OLD BUSINESS: Qualification Rating For is PP stated the Dualificatior Form is intended for Dept. Heads who do the hiring. Ms. Pengov stated she doesn't think the Board can take any action on this. ChairoP.rson P asked if it was brought to the attention of the parties who would have some reason to use it. Ms. Pengov stated she mentioned it to her department head and he didn't have a prob/em with it but the Merit Board doesn't have anything to say about the hiring procedure. Ch Patterson statd if they do develop these manuals, the Board was talking about, then this Oualification For may be included at the time the manua/ might be reviewed. Ms. PF stated the Board will not review anything for Drz Heas. M. Stevens made a motion to remove Discussion of the Oualification Rating For from the agenda as it is not a Merit Board function. Ms. Grasberger seconded. Motion CARRIED 5-0. Position Description-Recommending to the City that a Position Description of Every Position in the City be on Record Mr. Jones stated he discussed this particular it with Mr. Johnsen and he was assured that there is a job description for every job in the Cody Report and that is the for they are using today. Mr. Jones statd. inc e nrnposed it hrz was withrirawing it. Ms. Rickelman statF therc- is no job description in the Cody Report for a Building and Grounds Foreman_ 1r. Jones mate a motion to withdraw the Position Description with the Exception of the Building and Grounds Foreman. Seconded hv Ms. Penclov. Motion f7ARRIFD 4-1. Mr. Tones did not ooncur. Chairperson Patterson asked Ms. Rickelman if she could check and see if there ro any other positions that are new_ M. Pengov stated the Secretary should get any updated position descriptions and distribute them to the Board. Ms. Rickelman stated there is no job description for the Wastewater Plant Operator Trainee. Ms. PF asked if this has bon brought to anybody elses attention. M. Rickelman stated she thought the Buildings and Grounds Forman was brnught to Mr. Johnson's attention on several occasions. M. Penclov asked who prepares the job descriptions to he added into the Cody report. Ms. Rickelman stated she would assume the City Manager's secretary does. She stated before the City had the Cody Report the Department Heads prepared them and ran them by the City Clerk or City Manager, then it would get added to the whatever and come befnre the Board. Chairperson Patterson asked Mr. Jones how she would find out and he stated Mr. Johnson would be the one to give her the information. Page 3 M Board January 23, 1991 4 %111 '4111.° Taking Smoking Machines in the City out so that Minors can not buy Cigarettes M. Perngov stated it is not a function of the Merit Board. Ms. Stevens made a motion to withdraw the proposal she made at the last meeting. Ms. Penoov se Motion CARRIED 5-0. Drug Testing for City Employees for Accidents Ms. Stevens stated if an employee has an accident that is probably going to cost the City a lot of money, those employees -should be tested to make sure they are net an illegal drugs when the arcident. Mr. Karl Laoney stated he takes the drug test every year but he thinks the City is going cra7v with the drug testing. HP stated the Water Department had questions why they have to take drug tests every year. Chairperson Patterson stated -she beneves in fairness and where she used to work you had to take a drug test before you were hired and there were drug sniffing dogs that came in your office on surprise visit. Chairperson Patterson stated she would like to see where the surprise drug testing goes on in the City on a regular basis. Mr. Looney stated the Water Department feels everybody should get a drug test. Ms. Stevens asked Mr. Looney f th drYaq testing thew take every yar is because of the chemicals they have to work with- Mr. Looney stated it is because of the air packs they have to use. Mr. Looney stated the Water Department feels that the only reason they make them take the physical is for the drug test because the physical they get is not a true physical. Chairperson Patterson stated when she worked for a large company they were very superficial. F:he •stated they didn't have time to do an in depth physical. Ms. Grasberger asked if the blood test was bypassed. Mr. Looney stated when he got his physical for the City, he never got a bleed test. is Pengov asked if the City can do anything with physicals. She also asked if the City has the funds to drug test people. Mr. Loo stated they could pick ten. Ms. Pengov stated they cou/d do a lottery hick. Chairperson Patterson asked Mr. Jones what kind of recommendation can they make at this point. Mr. Jones asked Chairperson Patterson if she would like to it Mr. Johnson_ Chairperson Patterson said she would lik e to meet him. Mr. Jones told her to talk to Mr. Johnson about the drug testing. Ms. Steven said Mr. Johnson and the City Attorney would be ahle to do something about it. Chairperson Patterson stated she was going to ask Mr. Johnson what types ef testing the yearly physical should include. Mr. Looney stated that they supposedly get the physicals and drug test because ef the State r:nde. M Srasberger stated she thought they needed to incorporate drug testing for anridnts. Chairperson Patterson stated in respect to putting it that way, it could be made a requirement that a drug test be taken at the time of a lost injury accident, as close to the time of the accident •as possible- Page Merit Board lanuary 23, 1991 Sae SOO Ms. Grasberger stated she thinks employees are employees and no one should be exempt by virtue of their position. Chairperson Patterson stated if you are pregnant and you don't know your pregnant, the drug test will show you as being en drugs. Ms. Stevens made a motion that Doris speaks to Mr. Johnson about drP4o testing. Mr. Jones seconded. Motion CARRIED 5-0- Mr. Jones submitted his resignation to the board. Chairperson Patterson stated they are going to miss his expertise. Mr_ Jones gave the Merit Board a gavel as his parting gift. Mr. Jones stated any time the board needs him for anything to just let him know. Chairperson Patterson stated she would like him to introduce her to Mr. Johnson or set up a meeting for her to speak to MT. Johnson. Ms. Srasberger asked if Ms. Pengov's replacement should have been at the meeting. Ms. Pengov stated the replacement has not been chosen yet. Ms. Grasberger stated it would be a better move to have the two of them there so that Ms. Pengov could introduce the new member. Chairperson Patterson asked if they had to change every year. Mr. Jones stated they don't have to change but they do have an election every year. Ms. Stevens made a motion to not accept Mr. Jones resignation. Ms. Grasberger seconded the motion. Mr. Jones stated they had no choice. Mr. Jones stated he would be glad to be at the meeting next month and he would be visiting the board from time to time. There was some discussion en whether or not the board would have a new member in time for the new meeting. Ms. Pengov made a motion that they deeply regret accepting Mr. Jones resignation from the board. Ms. Stevens seconded. Motion CARRIED 5-0. Ms. Rickelman stated that she feels the purpose .of the Merit Board is for the employees to come and have the board hear their grievances and problems. Ms. Rirkelman stated if that is not going to be the funrtinn of the Merit Board that it should be taken out of the Charter. Ms. Rickelman stated the purpose of it being in the Charter to begin with is to keep the politics out of employee's rights. She stated the Merit Board is an unbiased board for employees to have some place to co when you can't resolve your problems with your department head or man in charge. s. Rickelman asked what the grade classification is in the Cody Report for a Water Plant Supervisor. Ms. Pengov stated it is present 14, proposed 15. Ms. Pickelman stated it has been changed from a 15 to a 17. Chairperson Patterson stated that M. Ricke/man is asking how it pot approved if it was supposed to go through the Merit Board. Chairperson Patterson stated the Board should be advised of changes that affect the conditions of the employees which may lead the to .a grievance, instead of having people come to the and say they have a grievance. ADJOURNMENT There being no further business Ms. Penclov made a motion to adjourn, seconded by Mr. Jones. The meeting adjourrgad at R:25 p.m. Minutes submitted by: Lisa Kruckmeyer Page 5 Merit Board • January 23, 1991