Auburn Municipal Civil Service
Meeting –March 6, 2008 Minutes
Comm. Welch called the meeting to order at 11:00 am. Secretary Bill Fulton took roll call. Present was Comm. Welch, Comm. Camardo and Comm. Brennan. Also present City Manager; Mark Palesh, Human Resource Director; Karen Green. Fire Chief; Mike Hammond, Asst. Police Chief; Tom Murphy, Police Chief Gary Giannotta and Firefighter Marty Corcoran came in late.
From the public: Jerry Laporta and Rose Murphy
Motion made by Comm. Brennan to approve the minutes of meeting held on February 7, 2008 and the public hearing meeting held February 21, 2008 seconded by Comm. Camardo. Minutes approved 3-0.
New Business
Public to be heard: Jerry Laporta stated his name. He stated he took the police test and was only allowed to take ? of it. He stated under 55A Act he could have waived taking the test but he decided to take it because he wanted to.
Secretary Bill Fulton questioned how many questions were you given? Laporta stated 80 – multiple choice and memory. Sec. Fulton confirmed that was the same as everyone took.
Laporta stated that the 55A Act takes the competition out of the test. VESID (Vocational and Educational Services for Individuals with Disabilities) believes he is physically capable with minimum accommodations to do the job. Laporta stated that he and Betty Jane Morandi from VESID tried to meet with Bill Fulton from the Civil Service office but were unable to. Bill spoke to Betty Jane on the phone and discussed his concerns about if the 55A Act waived the minimum requirement of a maximum age of 35. Laporta is 38. Laporta stated that under the American Disabilities Act you can not be discriminated by age. Fulton stated that he has consulted corporate council and council does not believe the age requirement would be waived. Betty Jane was given Chief Giannotta name to consult in regards to job duties required
and what is done at the academy. Giannotta has not received any calls. Fulton also is waiting on information from Albany in regards to the age requirement being waived with the 55A act.
Comm. Camardo request that the corporation council put in writing what councils opinion is.
Sec. Fulton explained that VESID makes the verification if you are capable for the position. If they determine yes then the civil service office needs to fill out the paperwork. Then the civil service office will present the Police chief with 2 lists – one with Jerry Laporta’s name and the other with the other eligible candidates. The chief and the city manager is the hiring authority – they will decide as to who to hire.
Laporta stated he was unaware of the age requirement.
Fulton stated age requirement is listed on the examination announcement and the job description (attached).
Karen Green stated the state police had an age challenge/decision a few years back to look toward an action plan.
Commis. Welch requested a meeting with VESID, the commission and corporate council. Portion of public to be heard ended and Laporta and Rose Murphy left the meeting.
Old Business
Fire Fighter Selective Certification:
Follow up read by Bill Fulton (attached). Discussion of how this would effect the # of people eligible for the exam. Chief Hammond states he would not support that decision. Palesh reinstated that now only veterans will get any extra credits.
Police Grievance:
Follow up read by Bill Fulton (Attached)
Commissioner Camardo questioned if civil service can extend a temporary position from 6 months to a year? Fulton replied yes, a temp position can be extended up to a year and can not be left as a temporary position for more than a year.
Commissioner Camardo questioned Chief Giannotta if this position is either a temporary or a permanent now? Chief responded no, it is a funded position that is vacant. Sergeants fill in when the lieutenant is not available. Lieutenants usually oversee the Detective Bureau. Currently there is no lieutenant so the job duties have been absorbed by the Chief, Deputy Chief and a Sergeant.
Chief stated that the lieutenant position is a point of conversation between City Manger Mark Palesh and himself. They have not made a decision.
Karen Green reinstated some terminology in regards to “filling in” and “temporary” or has Gary assigned? Stated that Gary assigned one person a portion of the job duties while the lieutenant is out.
Commissioner Welch – How long has the sergeant done the job duties?
Chief Giannotta - Up to a year currently and whenever he was not available when the position was filled.
Green- Protocol was set when the lieutenant position was filled by Bender. The union is requesting that some one be placed in this position.
Chief stats that it is part of the Sergeant job duties.
Commissioner Camardo requests a copy of the job duties (attached) and wants to know how other cities are handling. Commissioner Camardo states that as a commissioner he needs to look at it for civil service and the police sergeant civil service job description does not have underlying responsibilities in the job description.
Green stated that it does state ”Does related work as required”
Commis. Brennan read from the attached job description that in the absence of a higher ranking officer the sergeant assumes command. Brennan believes that the police chief is not in violation of civil service.
Commis. Camardo requests Bill Fulton to call the state for their opinion.
Green requested that that call be made ASAP as the hearing officer as part of this grievance that information will be helpful.
Palesh stated that the discussion of uniform services has taken place between himself and Chief Giannotta. They are trying to do what makes sense.
Fulton stated that the sergeant list, captain list and lieutenant list are all valid and was established about 2 years ago.
Commis. Welch thanked Bill Fulton for the work on the police and fire dept. issues.
Civil Service Clerk:
City Manager Palesh states the civil service clerk should be under specific guidance to the Human Resource Director and operationally to Civil Service.
Commis. Welch read rules and regulations of civil service and states that it precludes civil service from giving up authority on a civil service clerk.
Palesh: In the past the city has been on a limited budget and having a full time employee report to a part time contracted person is not normal.
Commis. Welch: performance evaluation to be done by both
Commissioner Brennan requests that everything stay the same for one year. See what the needs of the new HR director are before making this decision.
Palesh: 1st review is in 6 months – we need to know who she is working for prior to then.
Commis. Camardo: The “unwritten” rule is the day-to-day operations to go through the commission but it should be the City Manager
Commis. Brennan requests the clerk report to Bill Fulton for one more year
Commis. Camardo states that this needs to be in writing
Commis. Welch states that it should go to a public hearing
Green discussed paper work vs. actuality. For the HR perspective we need to protect the city and civil service for personal liability. We can write the performance evaluation together.
Palesh: the problem is she is a city employee and Bill is a contract employee. Does not want to wait a year for a decision.
Commis. Brennan: We have to have a public hearing to change the job description. Brennan will vote no to a public hearing he wants to wait 1 year.
Fulton questioned the split in Budget
75% Civil Service and 25% HR
Commissioner Welch requested we wait
Palesh: We need to know who she reports to
Commis. Camardo motioned to have a public hearing
No one seconded the motion – Motion not passed
Comm. Welch: In order to change a job description you have to have a public hearing
Commis. Camardo: Keep it as it is - Which is to report to the City Manager.
Green: that can be changed to City Manager and designee
Palesh: Can I get authority from the sate on this?
Camardo: Look at Organizational Chart
Welch: Corporate council is looking into it also
Brennan: Motion to leave the Civil clerk job as it is
Camardo 2nd
Palesh: She reports to me but I am just trying to get it down to the office where she is located.
Brennan motioned to turn down new job spec. Camardo 2nd, Welch Abstained, Motion Carried
New Business:
Fulton reported that no test scores for the Asst. Fire chief and Fire Chief have been posted yet.
Commis. Brennan motioned to go into executive session Camardo 2nd
In Executive Committee decided salary increases for Secretary in budget
Commis. Welch Motion to adjourn Brennan 2nd. Meeting closed.
Attest:__________________
| 
