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09-22-1983 - Workshop ~ (.) u CITY COUNCIL OF EDGEWATER WORKSHOP OF SEPTEMBER 22, 1983 MINUTES Mayor David Ledbetter called the Workshop to order at 9:00 A.M. in the Community Center. ROLL CALL Mayor David Ledbetter Councilman Melbourne Wargo Councilwoman Gigi Bennington Councilman Neil Asting Present Present Present Present Councilman Jack Spencer City Attorney Josel A)varez City Clerk Connie Kinsey Police Chief Earl Baugh Present Excused Present Present The Workshop was called to review the policies and procedures of the Police Department. Mr. Larry Westfall, Sergeant in the Police Department, said there was a meeting held the past Tuesday regarding loss of pay for five individuals, Bill Rickelman, Sandra Davis, David Barnhart, Ruth Garvey, and himself. He said these people were asking comparable wage increases to others in the department and that all but one of these five had eleven years of service or more. He said Sandra Davis lost $374.40 of her annual gross because of not being given an increase comparable to other telecommunicators. Chief Baugh said the other telecommunicator got a larger raise because she does reports and filing. Mr. Westfall said others do those reports and have been criticized when some are left over for the next shift to do. He referred to various raises given to individuals in the same classification and said on his anniversary date of August 11, 1982, he did not get an increase due to no money available and another sergeant got a 3.5%raise. Chjef Bauah explained that raised him to the level of the other sergeants to make them equal. Mr.~ Westfall asked if a raise for him could go back to February, 1983 to receive over $800. in lost wages, and Chief Baugh said it would go back to his anniversary date. Mr. West- fall noted that when he was promoted from patrolman to sergeant he only received a 2t% increase and was told Mr. Mitchell would only approve that amount but even after Mr. Mitchell left, the increase still wasn1t there, and all he got last year was the across the board increase that all employees received. He pointed out Bucky McEver's increase that was retroactive to his anniversary date and said there was an animal control officer who had been overlooked in position and in pay and he feels it1s denying an individual equal pay for equal work in the same job classification. Chief Baugh said there is no longevity to go by now and Mr. Westfall said it1s been discussed that you must top out and with 10 years in the department you should turn in your resignation because there's no hope for an increase except for across the board increases. Chief Baugh noted there's a proposed merit plan worked out and they've been working on one for about four years. Councilman Wargo asked if there's an established top for the City now and City Clerk Kinsey said there was not. Mr. Westfall said some individuals try to use their power and there's a pattern that shows increases are getting less for people here the longest and newer people get larger raises, and he felt this was unlawful and unfair labor practices and should be looked at seriously. Chief Baugh said they have to look at what's in the budget and for topping out and Mr. Westfall stated the lost increases for those five kept about $3,000. in the budget. Chief Baugh stated it wasn't in the budget to start with and he has yet to have many left in the budget. Mr. Westfall noted that this didn't keep other individuals from getting raises and when the Sergeant went to Lieutenant he only got four cents an hour raise. Chief Baugh said the money was not available at that time. Mr. Westfall reviewed some of the wages in New Smyrna Beach and Chief Baugh noted that there were some cities lower than Edgewater also. Chief Baugh asked if he and City Clerk Kinsey could sit down and work this out on an individual basis and Mayor Ledbetter said he's heard this for some time and wants it brought out. Mr. Westfall said he thought it could be handled as a group and he felt he was losing $852. of his annual gross because he did not get the same increase as Bucky McEver or Bill Britain. Chief Baugh said that goes back to where they're going to stop for a limit. Councilwoman Bennington asked Mr. Westfall why a grievance hadn't been filed against this if it's been going on for a couple of years and he's the union representative. Mr. Westfall said there were grievances filed on several different job-related items and the Chief1s conflict vlith the contract and employees. He said he'drretwith the Chief on two occasions and with Mr. Haeseker and it's been turned over to the union attorney, but regarding discrimination it hadn't been filed yet. He said he wanted to handle it with- out this. I I ~ o o Counc]man Asting noted there's not a longevity plan in the City as of now. Mr. Westfall said new officers get up to 57i an hour less than someone with all those yearsl experience. Councilman Asting said the cost of labor has risen over the years. Mr. Westfall asked how it could be justified to give people merit 'raises and not give him any with an out- standing evaluation. Councilwoman Bennington noted there's no established top in the City but it has been left to the discretion of the pepartment head as to what he felt the top is and the Council agreed that's not right, ~6t with the proposed pay plan there's a top. Mr. Westfall suggested taking away percentage increases and giving people the same amount. Councilwoman Bennington said she disagreed with that,and Mr. Westfall said he meant the same job classification and same work. Mr. Westfall asked if there was a quota system~hen the quantity of work is considered in the evaluation form. Chief Baugh said there was no quota system. Councilman Asting asked if there were job descriptions which include pay raises within the job. City Clerk Kinsey and Chief Baugh said the job descriptions did not include pay raises. Councilman Asting asked if the new merit plan includes that and City Clerk Kinsey said it does. Councilman Wargo said he felt one fault with the proposal was with the evaluation there was no less given if they don't measure up to certain standards and he thought it should be 2% or 3%, according to the number they get. He suggested they look at the evaluation system and proposed pay plan again. Councilman Spencer noted itls better than what the City has and asked that Ruth Garvey be able to speak at the point where she left off at the former meeting. Mr. Westfall said there's some fear of disciplinary action because of some of the things that will be said and asked that Council give them assurances that the individual involved would be given some sort of immunity since this was a fact finding situation. Councilman Wargo said if there were any threats or any action of retaliation, it would be a direct violation of that individual IS rights. Mr. Westfall said there were individuals involved who had been told to keep their mouths shut. Councilman Asting asked if there was positive knowledge of that and Councilman Wargo said they would get on with that as they progress. Mayor Ledbetter said if the party involved will appear before the City Attorney and make a deposition or statement, it will come before the Council table. Chief Baugh said he had not said it and had not heard it and if someone was trying to discredit the department, it works in reverse. Mr. Westfall asked Chief Baugh if he felt that he was threatening his job and Chief Baugh replied it had been said. Mayor Ledbetter noted that Mr. Westfall would have nothing to do with interfering with the Chief's job but the Chief could have something to do with Mr. Westfall.s job. Chief Baugh asked Ruth Garvey if she was given an increase when she went to telecommunicator school and she said she was. Ms. Garvey said the one before her was given a 10i raise before she went to school and when she got through, she was given a 15i raise. When she went she did not get a raise before going but did get a raise of 13i after the school. She said she asked about it at the time and was told the other girl did more paper 'work than she did. Chief Baugh said it was an 80-hour school and it was agreed that in lieu of them going to the school to benefit the City, they would be given 40 hours off and then 40 hours on their own time. Ms. Garvey said she was interested in her evaluation because she had lower scores on several of the categories in comparison to last year and this was in view of the fact that a certain officer had said he could wear out pens and pencils \~riting her up and it would show up in the evaluation. She said she waited three months for this meeting. Councilman Spencer asked her if she had'met with Chief Baugh to go over it with her. Chief Baugh said held tried to meet with'her but she had wanted a PBA representative there. Ms. Garvey said he only told her of one available time and that was limited and she felt it would take more than five minute~ and she wanted Mr. Westfall and the Mayor present. -2- Council Workshop Minutes September 22, 1983 o o Chief Baugh said they both had vacations in that period of time and he had told the Mayor he was asked to sit in on this. He asked Sergeant Britain if he had anything to do with Ms. Garvey's evaluation and Ms. Garvey said she knew that he hadn't. Chief Baugh stated he had done her entire evaluation. Mr. Westfall said the two evaluations were different and she thought something was wrong. Ms. Garvey again said a sergeant had stated it would show up in her evaluation and Mr. Westfall said he was the sergeant it was told to. Chief Baugh asked him who had told him that and Mr. Westfall replied it was Sergeant Lenz, and he'd made the statement with an air of animosity. Ms. Garvey . said she believed that Sergeant Lenz had something to do with the evaluation because of the threat and Chief Baugh said he didn't know of the threat. Councilman Asting asked what responsibilities the sergeant would have over the dispatchers and Chief Baugh said it's only if he's the shift sergeant. Councilman Asting asked that Sergeant Lenz be called to the meeting. Mr. Lenz came into the meeting and Councilman Asting asked if he said that pencils could be worn out in criticising the dispatcher, Ruth Garvey, to Larry Westfall. Mr. Lenz said he didn't recall making that statement but he might have. Councilman Asting asked him if he had any criticisms since she is sometimes under his authority, and Mr. Lenz said not on the average but there were instances when minor flaws or discrepancies happened but that would be on any job. Councilman Asting asked if he'd made any threats about writing up reports to Larry Westfall and Mr. Lenz said he didn't make threats to people. Councilman Asting again asked if he'd said that and Mr. Lenz said no. Chief Baugh asked Mr. Lenz if he had anything to do with Ms. Garvey's evaluation and Mr. Lenz said no. Councilman Asting asked Mr. Lenz if he'd made any derogatory remarks or remarks considering her performance of her job to the Chief. Mr. Lenz said he made no derogatory statements, and he goes to the Lieutenant or, if he's not available,to the Chief. He didn't recall any specifics. ' Councilman Asting asked the score of Ms. Garvey's evaluation and Chief Baugh said it was above average but he didn't have the evaluation form now. Mr. Westfall said he advised Ms. Garvey to keep her evaluation to see the outcome since they were soon coming up to the October 1st across the board increases and she should get her percentage increase first and then the evaluation increase. Ms. Garvey asked Mr. Lenz if he recalled stating "it will show up in her evaluation" and Mr. Lenz said not verbatim and he didn't quote it to her or to Mr. Westfall. Ms. Garvey noted his behavior toward them for four or five months had been different. Ms. Garvey and Mr. Lenz discussed his availability to relieve them for a lunch break or b~throom break and he said he understood it was for a lunch time and he had to check for approval from his supervisor. Councilman Spencer asked Ms. Garvey if she had discussed this with Chief Baugh and she said she had talked with Bill Rickelman. Ms. Sandra Davis asked Mr. Lenz if he remembered that lunch breaks were approved about a year before if the officers were not that busy and could sit in for the dispatchers so they could get away from their desks. Mr. Lenz said yes. Ms. Davis then asked why .he would have to check \~ith his supervisors about this policy and Mr. Lenz said he maintains the chain of command on procedures in a particular work area. Ms. Garvey noted she had to start her shift with five reports last week and she stays over to complete her reports unless the reports comes the last 5 or 10 minutes at the end of her shift. Chief Baugh said the records clerk was on vacation last week and that was the reason for the left over reports to be done. Ms. Garvey said her work spills over when she's doing other work and in the past she would fili also but now she doesn't do that because they don't get the raises. Chief Baugh noted they have a records clerk to do the filing. Ms. Sandra Davis said that's the only thing they don't do that they'd done before. Ms. Garvey said her evaluation was her main concern with no explanation and she wanted a meeting on it. Chief Baugh said this was a true evaluation and done to the best of his knowledge and ability. Councilman Asting stated that nobody performs the same year after year. Councilman Spencer asked Ms. Garvey if her concern was the dispatcher with less seniority had a larger amount of raise and Ms. Garvey said she's in her 13th year and'Sherry Reed is in her 2nd year. Councilman Asting noted that it's getting back to a longevity amount. -3- Council Workshop Minutes September 22, 1983 r o o Councilman Wargo asked if someone here five or ten years was more valuable than one here a. shorter period of time. Ms. Garvey said there were four years when they didn't get a raise and it's never been caught'up. Ms. Garvey suggested checking with New Smyrna Beach to see what wages they're getting there and Councilwoman Bennington said you can't compare to other cities. Mr. Westfall said they're just trying to establish the loss. Councilwoman Bennington said that was one of the reasons why they instigated the pay plan and they want to eliminate this problem. Mr. Westfall said that as long as certain individuals have the right to make the evaluations, this problem will remain. Councilman Wargo noted that when they have self-evaluations and other employees evaluate, it might change. Mr. Westfall said he approves of constructive criticism but questioned how attitude, tact and personal relations with co-workers were evaluated. Councilman Spencer asked him if held discussed this evaluation with the Chief, and Mr. Westfall said this was in the meeting last week. Councilman Spencer said there'd been a statement made that his score on personal relations with co-workers was lower because he didn't drink with his co-workers and asked Mr. Westfall if Chief Baugh had told him that. Mr. Westfall said no. Councilman Spencer noted that Mr. Westfall should have an opportunity to discuss this evaluation with Chief Baugh, who was making the evaluation. Mr. Westfall noted that his evaluation was due on August 11th and he didn't receive it until the 18th and he returned it with a letter requesting the Chief give his comments and then he wanted to discuss it with him. He said his only comment from the Chief was a note on his locker. Chief Baugh said he was getting an amount of the increase from the proposed pay plan so the amount would be in line if the plan was adopted. Councilwoman Bennington asked if all depart- ment heads were advised to do this and City Clerk Kinsey said yes. Councilman Spencer asked if the note was just placed on the locker for anyone to read and Chief Baugh said it was in a sealed envelope on his locker. Mr. Dave Barnhart, Animal Control Officer, said he was constantly being stepped over in going on the road and asked what his receiving disability from VA had to do with it. t1ayor Ledbetter stated the disability shouldn't enter into the picture. Chief Baugh said it doesn't enter into it and it was brought up when Dave Barnhart said with the disability and if he makes any overtime, they chop it and he didn't want to make more because the government got it. Mr. Barnhart said a few cents every pay day wouldn't affect it. Mayor Ledbetter noted that there were a number of men hired in the past five years and Mr. Barnahrt was not promoted and he was certified. Chief Baugh said when an opening occurred in the past, he would give the test, interview the people and in his own judgement establish who was most qualified to do the job. He said he would check with other members in the department also and they told him that somebody else was more qualified. Mayor Ledbetter noted that the man is used to transport to Deland and if somebody is off sick, they use him on the street. Chief Baugh said he wasn't used on the street. Councilman Wargo asked why Mr. Barnhart didn't take the last test and Mr. Barnhart said he was out of town. Councilman Wargo asked him if he was aware the test would be given and Mr. Barnhart said he was told of the test and that he would be back in town in time from vacation to take the test. Councilman Wargo asked Mr. Barnhart if he was stepped over because of a complaint filed and Mr. Barnhart said yes, and every time there was an ---- opening he was told he wasn't ready yet. Chief Baugh said he and other sergeants told him there were two or three areas which needed improved, one was follow ups and another was the manner in which he wrote up reports, and these had improved lately. Mr. Robert H. Christy called a point of information that they have men on the police force not old enough to buy ammunition. Chief Baugh said that true allover the country as they have to be 21 to buy ammunition and can be hired at 18, and he tries to get those most qualified, regardless of their age. Mayor Ledbetter stated he felt the boy was discriminated against. Mr. Westfall said last week it was said that one of the reasons Mr. Barnhart wasn't put on the road was that he was on a disability. Chief Baugh asked him who said that and Mr. Westfall told him he (the Chief) had. Chief Baugh said held told Mr. Barnhart that he should be back for this test and that he wanted him to take it. -4- Council Workshop Minutes September 22, 1983 , . o o Chief Baugh said that the tests count for 50%, the oral examination is 40%, and the personal evaluation is 10% in scoring. He said Mr. Barnhart took the test and the oral board the last time. Councilwoman Bennington asked who scheduled the tests and Chief Baugh said he does it and then he does background checks on the top individuals. Councilman advised on taken it. come back. Asting noted that the letter from Sherri Reed stated that Mr. Barnhart was September 8th that the test would be September 13th and he could have Mr. Barnhart said he'd already made plans to be out of town and he couldn't Mr. Westfall noted that Mr. Barnhart was in school. Mr. Westfall said held been trying for a year to get a supervisor's meeting and when he was scheduled to go out of town he noticed on the calendar the day before he was to leave that there would be a meeting on the 29th of June. He said the meeting was post- poned until he returned but it .hadn't been re-scheduled yet. Councilwoman Bennington said that implications were made that the Chief is scheduling things on purpose. Mr. Westfall said that was only an indication and he would say it's a definite indication. There was a discussion about a Mr. White who had asked to take a test after the scheduled date at a previous vacancy. Councilman Spencer asked Mr. Barnhart if he'd taken the test before and Mr. Barnhart said he had. Councilwoman Bennington suggested posting it next time. Chief Baugh stated if there's an opening they advertise for a police officer and he had 15 taking the test. Ms. Sandra Davis asked if she could review her personnel file. There was a short recess at 10:45AM while Chief Baugh got her personnel file. Workshop continued at 10:52 AM. Mr. Barnhart said he wrote a letter October 9, 1980, requesting he be put on the road when Officer Warren left and he was given a letter of reprimand for writing the letter to Council. Mayor Ledbetter asked Mr. Barnhart if he gets incentive pay and Mr. Barnhart said he does. Councilman Asting asked Mr. Barnhart what kind of school he attended on the west coast and Mr. Barnhart said it was on tractor trailers to get a part-time job. Councilman Asting asked him if he was attending the school with the idea of leaving the employment of the City and Mr. Barnhart said it was just to get a part-time job. Councilman Asting asked him if he received a reprimand for writing the letter and Mr. Barnhart said yes, for going over his head on that. Councilman Asting asked if the reprimand was for failure to go through channels, and Mr. Barnhart said it was. Mr. Westfall said he was penalized in pay increments because of having to go over a personls head and was advised by the Chief that he did not appreciate his going over his head. Mr. Walter Gross said he felt length of service was most important for all employees and should be considered. Ms. Davis said all her raises were based on a pay scale. Chief Baugh said the pay scale was what Mr. Mitchell set up. City Clerk Kinsey said Council did not adopt that pay scale and it's just a table and they were paid by a scale before. Councilwoman Bennington noted that she was aware of the process for evaluations when Mr. Mitchell was here but she wanted all employees to be aware of the new evaluation form and to understand it thoroughly. City Clerk Kinsey said she'd like to go to each department on an individual basis to advise the employees. Ms. Davis stated her comments on her evaluation were never responded to and Chief Baugh \~aid if she'd asked him to sit down and discuss it, he would have. Councilwoman Bennington asked Ms. Davis what shift she worked and she said midnight to eight in the morning,and she only sees him if he comes in early. Councilwoman Bennington asked her how the Chief does her evaluation if he never sees her at work. Ms. Davis said she'd asked him that because one of her scores was low on neatness when she still smoked. Chief Baugh noted that was because ashes were allover. Councilwoman Bennington asked Chief Baugh how he did the evaluation if he never saw her and Chief Baugh said Lieutenant Rickelman does it and he looks over her paper work. Councilwoman Bennington said certain items on the evaluation couldnlt be done~such as tact, when you don't see them. Chief Baugh said that was why supervisors are going to do it. Mr. Westfall said a fair evaluation couldn't be made if you aren't aware of these things and now the sergeants are making the evaluations. Chief Baugh asked him if he did the v evalution on Bret Teitelbaum and Mr. Westfall said yes. -5- Council Workshop Minutes September 22, 1983 , .' o o Ms. Garvey asked who evaluated her and Chief Baugh said he did and Ms. Garvey noted that he only saw her about an hour. Chief Baugh said he knows how she works and her neatness. Ms. Davis said she thought he had given her a true evaluation before and she was doing more work than last year. Councilman Asting noted that everybody doesn't perform exactly the same in a given period and there may be mistakes made. Chief Baugh suggested evaluations be done every six months. Councilwoman Bennington said evaluations every six months and a raise once a year, based on the two evaluations, would give a better view of their abilities. Ms. Davis said that Sherri Reed was hired as a telecommunicator and she does more work but she can do it because there are two people on duty at one time. Chief Baugh said all the filing was turned over to her now and when the dispatchers are out, Sandi Hansen does it. Ms. Davis asked why they should do it when they get low evaluations and not the pay. Councilman Spencer suggested that all evaluations be hand delivered to the employee and reviewed with them. Chief Baugh said the 12-hour shifts are a problem and asked how they could be handled. Mr. Spencer said that could be worked out so he could talk to them personally. Councilman Wargo noted that he'd have to be flexible~ and Councilwoman Bennington said it should be done when they're on duty. Chief Baugh agreed to do that. Councilman Spencer said that pertains to other departments also, and not just the Police. Mr. Westfall noted that if therels any connection between management and labor, it vias to be done on the individual's work time. Councilwoman Bennington asked if the tests just given were to fill one vacancy immediately. Chief Baugh said he made it for October 1st and if the budget is approved for three more people, they will come out of that test. Councilwoman Bennington asked if he meant to take the two additional people from the pool if the budget's approved and Chief Baugh said yes. Councilwoman Bennington noted that then Mr. Barnhart wOllld not get to take the test until there's another opening and she felt those two slotssbould have a test. Councilman Wargo agreed with that. Councilwoman Bennington asked Mr. Barnhart if he knew it would be for three slots and Mr. Barnhart said he did. Councilman Spencer said he felt he had an opportunity and it was unfortunate but he also took the test the last time. He said he felt there should be a posting procedure. Chief Baugh said he would post in City Hall and the Police Department and 'where minutes and agendas were. Mr. Westfall noted that since the union was involved, this posting was agreed to~ and he said some individuals were given books and materials on the sergeant tests and that article in the contract was ignored. Councilman Wargo said a grievance should have been filed at that time. Council- woman Bennington said if all these things were wrong for so long, why hadn't people gone through the union since thatls why it's there and why they pay their dues. Mr. Westfall said it's being done now and wasn't done before but they W87e hoping people will use good sense and do what's right. Councilman Wargo noted that the complaint was with the union and not the City, and Councilman Asting stated the opportunity was always there since they had the P.B.A. if there were pay raise problems or mistreatment. Councilman Asting asked if an official grievance had been filed since it's been discussed for quite awhile. Councilman Wargo said if the union is not acting, you can file a complaint against the union. Chief Baugh said he thought the problem was resolved. Mr. Westfall said this could have been taken care of a long time ago and the loss would not have been so extensive. Councilwoman Bennington asked Mr. Westfall if he was proposing that Council bring these people \'lhofelt they were unjustly evaluated up to ''lhere they should be. Mr. Westfall said they wanted the same as the other individuals got with the same classification~ and he reviewed how he struck an average figure to base this on. He said if he had been given the same as the other Sergeants, he would be making two cents over the Lieutenant, and they were being penalized because of the Chief's pay. Ms. Davis said she wants as much as the other two dispatchers received who had only been here for two years~ and wanted 26~ an hour to be retroactive, if possible. Councilman Spencer stated they had elected to have a union and Council had set this workshop as they requested but he felt it was not Council IS prerog&ive to negotiate as far as whether or not they got a proper pay increase a year ago as they have an organization to represent them in such matters . -6- Council Workshop Minutes September 22, 1983 . . ' o o Councilman Wargo noted that this started out to be a union situation and City Clerk Kinsey said it was the employee-management committee meeting. Councilman Wargo said they felt all the Council should be aware of this situation and he didn't want people the City had spent a lot of money training to leave because of this. Mayor Ledbetter asked Chief Baugh how many people in the department are contemplating changing jobs who have been trained for a year or more as held heard rumors of others planning to leave. Chief Baugh said he knew of two and when he asked enet he said he would not be leaving. Mayor Ledbetter asked how many people took the recent test and Chief Baugh said there were fifteen who took the test, and it was graded and evaluated by City Clerk Kinsey and Councilman Wargo also, and then the top 10% came back and took the oral interview. Councilman Wargo noted that there wasan allowance for testing within a department that Civil Service used to give and it was a closed test for promotion within that department. He said they had to advertise but it was a closed test. Chief Baugh said if that could be done it would relieve a problem and held check it out. Ms. Garvey said her main concern was her evaluation and meeting with the Chief to dis- cuss it, and Mr. Westfall said they were only talking about evaluations and pay increases. Chief Baugh stated he was having departmental meetings to hear everything. Councilwoman Bennington noted that a lot of things were brought up and she hoped the Chief and the rest of the members of the department were aware of them now and that there would be an effort on everyone's part to make the necessary changes and improvements. Councilman Wargo stated they need to follow the procedure as outlined in the contract, and Councilman Asting said they need to come up with a pay scale. Councilwoman Bennington noted that all employees need to be educated also. Councilman Asting said the problem of longevity will have to be discussed also. Mr. Westfall once again reviewed the amounts that the five employees lost because of the unequal pay increases. Chief Baugh said he would make the adjustments as to evaluations. Mr. Westafa11 told the Chief that held submit his evaluation with the proper notes. Councilman Wargo asked Ms. Garvey if sheld submit her evaluation to Chief Baugh and Ms. Garvey said she would. Chief Baugh said he would review this with the City Clerk also. Councilman Asting moved to adjourn the Workshop. Councilman Wargo seconded the motion. The Workshop was adjourned at 11:47 A.M. Minutes submitted by: Lura Sue Koser -7- Council Workshop Minutes September 22, 1983