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HomeMy WebLinkAbout07/15/1980 Adjourned Meeting • r 0 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. 0 8 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 II/ 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. . _ rQ Q Li U 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 - . , , • - 1. 5 ? 4 D RE C‘ AD AND CERTIFIED ACCURATE BY DATE - COUNCILMAN ■PL. DATE 9 -6(26/ oDuNcaulAN/ ATTEST: / CITY 7 RK • MAYOR