HomeMy WebLinkAbout07/15/1980 Adjourned Meeting •
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JULY 15, 1980
JOINT MEECINGWITH POLICE & FIRE CIVIL SERVICE COMMISSION
A joint meeting between the City of Yakima Police and Fire Civil Service
Commission and the City Council was held on this date at 9:05 p.m. In
attendance were Civil Service Canmissioners Charles Flower, Neil Buren
and Charles Lee and Secretary-Cie f Examiner Monica Mersinger. Also
attending were Council members Don Hinman, Shirley Doty, Henry Beau-
champ, Lynn Carmichael, Bruce crest and Lynn Buchanan.
The purpose of the joint meeting was a discussion of Affirmative Action.
City Manager Dick Zais outlined some discussion topics Which could be
covered during the joint meeting during which Council and Commission
would informally share their concerns.
Items to be discussed include: (1) the proposed Ordinance Which would
restrict the scope of authority of the Civil Service Commission con-
cerning disciplinary actions, (2) utilization of the Rule of Three or
Three Plus Three or selective certification, (3) open pronuLional exam-
inations, and (4) the legal foundation for the Affirmative Action pro-
posals.
Council member Hinman stated that Council did not wish to compromise the
quality of the protective services through the goals of Affirmative
Action. Council has been looking at many alternatives in accomplishing
Affirmative Action goals and has found that no single method is best for
reaching these goals. Hinman explained that Council did not wish to be
in an adversary position with the Commission, but would rather have the
commitment of all parties involved in order to accomplish Affirmative
Action.
Hinman felt the Police and Fire Chiefs would have control over the
selection of their employees and the Council could work towards that
goal. Council member Beauchamp explained that a delegation from City
Council had gone to the City of Seattle to meet with their Police and
Fire Departments, City Council and the Civil Service Commission. The
delegation was informed that the Seattle groups had worked together to
accomplish some common objectives. Beauchamp said the City of Yakima
must also unify to accomplish common objectives, such as meeting legal
requirements of Federal contracts. He added that there is the need to
do the right thing by all to provide taxpayers job opportunities any-
Where within the City and to explore the best possible ways to accomp-
lish Affirmative Action.
Commissioner Buren stated unless the Canmission is informed of the
concerns of Council, the Commission cannot respond to them. Buren
stated further discussion with Council should probably center around two
main areas: Affirmative Action and the scope of responsibility of the
Civil Service Commission. Buren felt there was disagreement between
Council and the Commission concerning the scope of responsibility of the
Civil Service Commission and possibly on the issue of accomplishing
Affiulative Action. Regarding Affirnative Action, Commissioner Buren
felt it wasn't an easy issue to resolve as the courts discovered. The
issue is much more complex than it appears since many techniques can be
utilized to accomplish Affirmative Action.
Commissioner Buren was concerned how a volunteer on a Civil Service II/
Commission should become involved in enforcing methods or policies
concerning AffiLnative Action. or Equal Opportunity Employment based on
the demands of Federal agencies upon City government, especially when it
is in the light of input from citizens, policemen and firemen concerned
About the compromising of the quality of the protected services. The
Civil Service Rules have existed for a long time and have been effec-
tive. Buren felt if some Federal agencies stated the Commission must
adopt a specific rule to be in compliance, then the Commission could
act, but at present even the courts are not in agreement about how to
achieve Affitnetive Action. Buren felt the Commission was not res-
tricting any movement toward Affirmative Action, but there seemed no
clear cut method to accomplish Affirmative Action. Buren felt a lot of
emphasis was being given to recruitment to reach Affirmative Action and
such was a costly method.
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JULY 15, 1980
JOINT MEETING WITH POLICE & FIRE CIVIL SERVICE COMMISSION
Council member Hinman explained that in other communities, the courts
have instructed government haw they will handle their hiring practices
and that Council would like to avoid such an occurrance in Yakima.
Hinman said Council is concerned about not only losing. future Federal
funds, but paying back funds the City has already received.
Commissioner Lee inquired Whether the City stands in compliance or
non-compliance with Affirmative Action. City Manager Zais explained the
City is not in compliance with Affirmative Action in the Police and Fire
Departments. Zais said the COmmission's role in Affirmative Action
would be to adopt Rules and Regulations to encompass the Affirmative
Action proposals that have merit with the Commission. In the event the
Commission is uncomfortable with the City's proposals or does not wish
to incorporate them into their Rules, Council may enact legislation to
II/ direct the Commission in this area. Zais said this action would be
specific ordinances and laws to accomplish that goal. commissioner
Buren felt such regulations were the responsibility of Cbuncil and
Council had the resources and staff to research the issues to determine
the method to comply with Affirmative Action Whereas the Commission does
not. Also, Council is subject to the political action of the community
and must carry out its wishes.
Zais felt the Commission should be involved in the formulation of Affir-
mative Action, as other commissions in other communities are involved.
Zais felt such authority was in the scope of the Commission.
Council member Shirley Doty explained the Cbuncil really hadn't come to
discuss the Commission's scope of authority. She wanted to discuss some
of the Affirmative Action proposals. Council member Hinman stated
Council had no intention of deterioriating the role of the Civil Service
Coumission. He felt the Commission plays an important role in City
government Which must be preserved.
Concerning the Rule of Three Plus Three, Personnel Officer Bob Weaver
was asked to explain to the meeting what the various selection rules
meant as outlined in the staff recommendations to Council. Weaver
explained the Rule of One presently used by the Civil Service Commission
consists of the highest person on a Civil Service Register being certi7
fied by appointment. The Rule of Three Which is presently used by the
City of Yakima Civil Service Commission has the highest three people on
a Civil Service Register certified to the appointing authority who is
allowed to chose among the three candidates. The Rule of Five offers
the supervisor the five highest people on a Civil Service Register to
select from and the Rule of Three Plus Three offers the three highest
scoring individuals on the Civil Service Register plus the three highest
scoring women and/or minorities on the Civil Service Register to give a
supervisor six people to chose from.
council member Beauchamp pointed out Veteran's Preference plays a con-
siderable role in who is at the top of the entry level registers pre-
sently. Commissioner Lee asked Why the City utilized Veteran's Pre
ference? Councilman Crest explained it is State law. City Manager Zais
II/ also pointed out that the emphasis of the suggested Rule of Three Plus
Three is on entry level positions only.
Commissioner Flower asked Who would determine When the Rule of Three
Plus Three would be utilized. Councilman Hinman explained the Rule
would only be exercised When the Affirmative Action goals of the Doe
partment with the vacancy had not been met. Even then, the selection
would rest with the Chief of the Department.
Council member Hinman stated studies in the City of Seattle demonstrated
that beyond the pass/fail mark in the examination, there was very little
difference between the success of a candidate who received a score of 95
and the candidate Who received a score of 92. Hinman stated that the
City of Seattle felt their turning point in reaching Affirmative Action
can When they decided not to tolerate less than good performance among
the classes. Job performance during the probationary period determined
Whether a candidate would be successful rather than so much by a test
score. Hinman also stated the City of Seattle began to have examin-
ations throughout the year rather than just once every two years or once
every year. Also, the Police and Fire Chiefs had the responsibility of
selecting the employees within strict Affirmative Action guidelines.
The City of Seattle uses the Rule of One Plus One Plus One in which for
JULY 15,;1980
JOINT MEETING WITH POLICE & FIRE CIVIL SERVICE COMMISSION
each White male hired, one female and one minority are also hired.
Hinman said the City of Yakima staff suggested a Rule of Three Plus
Three because our registers are not as large as the City of Seattle's
nor are there as many vacancies.
Council member Beauchamp said the City cf Seattle also incorporated an
intensive training program in the probationary period and those who
didn't perform to standards were weeded out.
Commissioner Buren express concern about the role cf the Commission in
adopting rules which deal with Affirmative Action matters which have
basis in City government should handle federal funds. Commissioner
Flower also shared the concern cfd :whether, the Commissiorylgoes beyond
consideration cf the administration of Civil Service, the nature cE the
charge cf the Civil Service Commission is directly related to how people
who are under the Civil Service system are handled in their 'relation-
ships. Commissioner Flower felt these other matters were the concern of
the City Council and not the Commission.
r':Council'MeMber Beauchamp said the Civil Service Commission'tff City.
of Seattle was deeply involved in the Affilnativer:-Action processes.
-- Commissioner Flower asked City Attorney Andrews whether he did not feel
these matters were outside 'the' sdopel:Okthe :Civil ServiCe
Rules. Andrews felt the Federal laws with Which the City mast comply
are the end result. ; They do not specifically state how the result is to
be reached. The means of getting that compliance is up to the juris
diction involved. It can he reached through a cooperative effort of all
parties involved in personnel matters with the City or it may be legis-
latively imposed by the City Council, Whether the Commission understands
them, likes then, or does not like them. The question is how the end
result is going to be reached.
Commissioner Flower disagreed. He felt he must stay technically within
the scope of authority of the Civil Service Commission and the consider-
ation cf things outside its scope even though he may philsophically want
to change something was outside the scope of the Commission's authority.
Commissioner Flower asked Andrews where the authority was that allows
the Commission to consider matters of Affirmative Action. Andrews asked
Flower Where the law was that _Irestricted: firdm Can-
mission's authority. Flower clarified that was at he was asking
Andrews. Inhere was the law that said the Commission could or could not
become involved in Affirmative Action issues? Andrews repeated the'end
result is all the federal law states. It:gust be obtained by some
means; by those involved in personnel matters.
Council member Shirley Doty said the intent aE Council was_nct.so much
to have the Commission pass rules as to ask the Commission if any of the
Affirmative Action proposals sounded reasonable or workable to the
, r.
Council member Carmichael reminded the Commission when all is said and
done, the Council will Ultimately take the "heat" for any actions. In
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those processes, however Council is trying to communicate its intent to
everyone, so there is little division on the issue. Commissioner Buren
responded to Council member Doty's inquiry, he felt the Commission
should do that ever is necessary to promote the intent cf Council con-
cerning Affirmative Action. Council has the resources to determine
which policies should be pursued. The precise way that that Affirmative
Action pcomotion should be affected is the difficult area. Commissioner
Buren said he would support whatever method Council determines desirable
and promote its use. Commissioner Flower felt, however, that employees
have vested property rights within the Civil Service Commission Which
they have earned and Council decisions should take those into account.
Commissioner Hinman stated that there were vested rights of employees,
however other groups of citizens come before the Council requesting an
opportunity for government employment which - in the past has: ceen res-
tricted by artifical barriers. Council mast deal with the trade-offs
between the rights cf existing employees and the injustices cf the past.
Commissioner Buren felt Council should have exhaustive hearings inorder
to allow citizen input into the Civil Service changes to enhance the
Affirmative Action Plan. Council members stated they would do that,
before the adoption .of any Rule changes.
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JULY 15, 1980
JOINT MEETING WITH POLICE & FIRE CIVIL SERVICE COMISSION
Commissioner Flower felt he could not support something he did not feel
was fair to employees. Council member Beauchamp felt Cbuncil must look
at the needs of the thole community as well as the needs of employees in
adopting a plan.
YFFA Representative Tom Fieldstead expressed the desire for the Civil
Service Commission and the bargaining units to be included when dec-
isions or studies are made concerning Affirmative Action. YPPA Repre-
sentative Bill Wilson said they are incorporating an Affirmative Action
Plan now and would like to be included in any plan that the Council is
considering. Councilman Bruce Crest welcomed input from other people
acLually performing the work. Fire Fighter Joe May also suggested that
Council come and share its ideas with the Fire Departnent.
II/ YFFA Representative Fieldstead asked if a committee is being formed or
What was the going to happen following this joint meeting? Councilman
Hinman said the Council would formulate their ideas and then share them
with the bargaining units before Civil Service Rules are changed.
Council member Hinman stated that Council supports the City Manager on
the issue of reprimands and the right of management to discipline employ-
ees and that the Union grievance procedure is the proper way to handle
the matter. Commissioner Buren stated that's probably why the natter is
in court- The Commission feels the employees should have a recourse to
appeal to the Commission.
The meeting adjourned at 10:47 p.m. 4 - . ,
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