MINUTES
Town of East Hartford
Personnel Appeals Board
November 2, 2011- Minutes of Meeting concerning the Formal Acceptance and Preliminary Discussion of Procedural Matters of Firefighter Richard Leach’s Filed Appeal Dated October 19th, 2011, Concerning the October 6th, 2011, Posted results of the Promotional Examination for Pumper/Driver/Operator.
Shaun Jones - Chairperson - Member not associated directly with either management or labor Present
Paul Sousa - Member associated with labor Present
Thomas A. Ogar, Esq. - Member associated with management - Not Present
ALTERNATES
Lynn L. Kayser - Member not associated directly with either management or labor Not Present
Robert Keating - Member associated with labor Not Present
Valentine P. Povinelli, Jr. - Member associated with management Present
Appellant Firefighter Richard Leach Present
Appellee Fire Chief John Oates Present
Assistant Corporation Counsel Frank Cassetta Present
Acting Human Resources Director Frank Cassetta Present
Personnel Assistant Sue Kyeremateng Present
Members of the Public –Ted Davidson & Todd White Present
Per Personnel Assistant Sue Kyeremateng, The President of the International
Association of Firefighters –Local 1548- was properly notified
and per the Appellant and Appellee was not intending to attend meeting.
Daniel Wasilewski - President of the International
Association of Firefighters –Local 1548- Not Present
Meeting started @ 5:29 P.M.
Member Paul Sousa made a motion in favor of formally accepting the appeal, Alternate Member Valentine Povinelli, Jr. , seconded and the motion passed unanimously.
Preliminary Procedural discussion of procedural matters ensued and the following was revealed:
- The Pumper/Driver/Operator exam occurred in various stages:
- Written Exam taken in June 2011. Both the Appellant and Appellee agree that this part of the exam is not the subject or a part of this appeal.
- 1st, practical was taken on Three Dates: September 13th, 14th, & 15th, with three proctors evaluating/grading this part of the exam. Certain “evolutions” are evaluated for this exam. Both the Appellant and Appellee agree that this part of the exam is not the subject or a part of this appeal.
- 2nd Practical is comprised of three separate examinations that the Fire Chief was present for the “set-up and design” of the course.
- “ALLEY DOCK” - Both the Appellant and Appellee agree that this part of the exam is the subject of this appeal.
- “Parallel Parking” - Both the Appellant and Appellee agree that this part of the exam is not the subject or a part of this appeal.
- “Serpentine” - Both the Appellant and Appellee agree that this part of the exam is not the subject or a part of this appeal.
When asked by the Chairperson if the Assistant Corporation Counsel had any concerns if the proctor of the “ALLEY DOCK “ should be provided for questioning by the Board, the Assistant Corporation Counsel Frank Cassetta indicated that his office had no concerns and would leave it up to the Appellant if he wanted the proctor present for this appeal.
Fire Chief John Oates in response to a question by the Chairperson responded that previously the 2nd Practical was customarily proctored by two individuals but this exam represents the second time that this exam has only one proctor since the Fire chief assumed office.
Fire Chief John Oates went on to say that proper notice was given to the International
Association of Firefighters –Local 1548- so that “observers” could be present for this examination. Fire Chief John Oates continued after indicating that Union Representatives were present for the Appellant’s exam that in fact Daniel Wasilewski - President of the International Association of Firefighters –Local 1548- was the observer for the Appellant’s examination.
The meeting was briefly adjourned for five minutes so that Fire Chief John Oates and Firefighter Richard Leach could meet in the hall to see if agreement was reached as to the subject of the appeal.
Member Paul Sousa made a motion in favor of adjourning for five minutes while both Fire Chief John Oates and Firefighter Richard Leach met in the hall to see if there was common ground as to the issue of this appeal. Alternate Member Valentine Povinelli, Jr. , seconded and the motion passed unanimously. This occurred @ 5:42 P.M. The meeting recommenced @ 5:43 P.M. with both Fire Chief John Oates and Firefighter Richard Leach agreeing that the “ALLEY DOCK “ and issues thereto were the only subjects of the appeal. Fire Chief John Oates indicated further, that “he knows the substance of the complaint and understands the issue and why he made the appeal.” The Chairperson thanked both parties for mutually discussing the situation in friendly terms
as it is good for morale for these positive discussions even if there is disagreement because such discussions showcase a first-rate reputation of this Department that employees all embody a team attitude in the performing of critical duties to the Town of East Hartford.
Fire Chief John Oates wanted to discuss the entire appeal tonight, as the pressing concerns of the recent Nor’easter has his Department and his Office with paramount priorities. The Chairperson responded that the Notice of the Agenda did not cover the processing of the whole appeal as it is customary to “Formally Accept” the appeal and discuss procedural issues so as to accommodate both sides in the moving forward of the appeal. Assistant Corporation Counsel Frank Cassetta reviewed the Notice and the Agenda and agreed that the expansion of the agenda to discuss the entire appeal would not be necessarily prudent.
Alternate Member Valentine Povinelli, Jr. inquired principally of the Fire Chief but really of both parties that if both of these individuals seem to agree on the issue of the appeal was there a way for the parties to resolve this situation without utilizing the Personnel Appeals Board. Fire Chief John Oates indicated that discussions were had and that the Appellant most likely did not like the answer given to him relative to the request for resolution as discussed between both of the parties.
Other information presented regarding the exam was as follows:
- Personnel Assistant Sue Kyeremateng was present for the examinations.
- Approximately six candidates were evaluated per day.
- After the written examination was finalized, the candidates had the summer to “practice” the “Evolutions.”
- The “Driving Portion” of the exam is accomplished by the candidate all in one day.
- For this exam the Fire Chief was present for the “set-up and the design” of the exam.
The Chairperson inquired of both Alternate Member Valentine Povinelli, Jr., and Member Paul Sousa as to their ideas as to whether the Board should formally request that Daniel Wasilewski - President of the International Association of Firefighters –Local 1548- should be present at the Appeal since he was the observer for the Appellant’s examination. Both Alternate Member Valentine Povinelli, Jr., and Member Paul Sousa agreed that Daniel Wasilewski - President of the International Association of Firefighters –Local 1548- should be present at the Appeal. The Chairperson asked both the Appellant and the Appelle to utilize their diplomatic skills to convey this message to Daniel Wasilewski - President of the International Association of Firefighters –Local 1548.
Also, Personnel Assistant Sue Kyeremateng will, when sending copies of the Minutes to the same parties that receive the Notice and Agenda, provide a separate letter to to Daniel Wasilewski - President of the International Association of Firefighters –Local 1548 notifying him of the need for his presence at the Appeal.
All parties agreed that the Appeal would be held on Thursday, November 17th, 2011, @ 5:30 P.M. in the Town Hall Welling Conference Room (note: if the Mayor’s Office assigns another meeting place then notice of said location will be affixed to the Town Hall Conference Room).
Paul Sousa made a motion to adjourn until the next call of the Board @ the Appeal to be held on Thursday, November 17th, 2011, @ 5:30 P.M. Valentine Povinelli, Jr. , seconded and the motion passed unanimously. Meeting Adjourned @ 5:48P.M.
VOTING TALLY SHEET
Town of East Hartford
Personnel Appeals Board
November 2, 2011- Minutes of Meeting concerning the Formal Acceptance and Preliminary Discussion of Procedural Matters of Firefighter Richard Leach’s Filed Appeal Dated October 19th, 2011, Concerning the October 6th, 2011, Posted results of the Promotional Examination for Pumper/Driver/Operator.
- Member Paul Sousa made a motion in favor of formally accepting the appeal, Alternate Member Valentine Povinelli, Jr. , seconded and the motion passed unanimously.
Shaun Jones - Chairperson - Member not associated directly with either management or labor YES
Paul Sousa - Member associated with labor YES
Thomas A. Ogar, Esq. - Member associated with management - Not Present
ALTERNATES
Lynn L. Kayser - Member not associated directly with either management or labor Not Present
Robert Keating - Member associated with labor Not Present
Valentine P. Povinelli, Jr. - Member associated with management YES
- Member Paul Sousa made a motion in favor of adjourning for five minutes while both Fire Chief John Oates and Firefighter Richard Leach met in the hall to see if there was common ground as to the issue of this appeal. Alternate Member Valentine Povinelli, Jr. , seconded and the motion passed unanimously.
Shaun Jones - Chairperson - Member not associated directly with either management or labor YES
Paul Sousa - Member associated with labor YES
Thomas A. Ogar, Esq. - Member associated with management - Not Present
ALTERNATES
Lynn L. Kayser - Member not associated directly with either management or labor Not Present
Robert Keating - Member associated with labor Not Present
Valentine P. Povinelli, Jr. - Member associated with management YES
- Paul Sousa made a motion to adjourn until the next call of the Board @ the Appeal to be held on Thursday, November 17th, 2011, @ 5:30 P.M. Valentine Povinelli, Jr. , seconded and the motion passed unanimously. Meeting Adjourned @ 5:48P.M.
Shaun Jones - Chairperson - Member not associated directly with either management or labor YES
Paul Sousa - Member associated with labor YES
Thomas A. Ogar, Esq. - Member associated with management - Not Present
ALTERNATES
Lynn L. Kayser - Member not associated directly with either management or labor Not Present
Robert Keating - Member associated with labor Not Present
Valentine P. Povinelli, Jr. - Member associated with management YES
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