Town of East Hartford
Personnel Appeals Board
MINUTES - Monday, December 12, 2011
Monday, December 12th, 2011- Minutes of Firefighter Richard Leach’s Appeal. Appeal Dated October 19th, 2011, Concerning the October 6th, 2011, Posted results of the Town of East Hartford’s Fire Department’s Promotional Examination for Pumper/Driver/Operator. (Continued From: November 17th, 2011 –Appeal/Hearing/Meeting)
Members:
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 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
Corporation Counsel Scott Chadwick Present
Daniel Wasilewski - President of the International
Association of Firefighters –Local 1548- Present
Important times of the Appeal and voting summary
Meeting started @ 5:31 P.M For Motions, and Members making and seconding same, and the resultant votes see the VOTING TALLY SHEET directly attached to these minutes at the bottom of these pages following the conclusion of the minutes. Executive Session: @ 5:40 P.M. Appeal Proceeding Resumed: @ 6:01P.M.
Motion sustaining or denying the appeal: @ 6:06P.M.
Motion forwarding official recommendation @ 6:11 P.M. as follows:
For future tests conducted by the East Hartford Fire Department, and Alternate Member Valentine Povinelli stated that this recommendation should not or does not pose any burden upon the East Hartford Fire Department or the East Hartford Human Resources Department, 1.- prior to the instructions that will be handed out to the individuals taking such examination, such instructions shall be reviewed and shall be drafted more reasonably, 2.- the instructions to be handed to the individuals taking such exam shall be followed by those administering such exam; 3.- the testing materials, A Proctor’s Notes, and any information of each applicant’s score or results calculated by any proctor shall be retained following the exam; retention of testing material, A Proctor’s Notes, and
scores, provides avenues of inquiry short of an appeal to determine the availability of accuracy with scoring and the application of exams scheduled 4.- Consultation with the Human Resources Department with respect to examinations conducted by the East Hartford Fire Department shall be coordinated prior to the exam by the East Hartford Fire Department and The Human Resources Department to review the specific examination, the specific instructions & the specific application of same.
Adjournment @ 6:13P.M.
• The Fire Chief presented the information requested by Member, Valentine Povinelli Jr. concerning the length and width of the fire truck and the ability to maneuver same within the “Alley Dock.” The exhibit was marked Appellee Exhibit “B.” The appellant offered an exhibit as well it was marked Appellant’s Exhibit # 5. The appellant had the truck as measured with the following dimensions: 29.3 Feet as to the length by 8.4 Feet as to the width. The Fire Chief had the dimensions as follows: 94 inches as to the width by 351 inches as to the length. The Fire Chief indicated that the Maximum Angle was 20 degrees within the Alley Box.
•Member Valentine Povinelli remarked that it was difficult in that every applicant was treated equally. Also, he would take into consideration that the numbers could be substantial via the averaging method utilized. Member Valentine Povinelli further remarked that the language allowing for changes to the exam prior thereto must be considered in as much the averaging method has been utilized in the past.
Executive Session : Approximately 5:40P.M. to 6:01 P.M. Members Sousa, Povinelli & Jones, including Alternate Member Lynn L. Kayser – Member Kayser not associated directly with either management or labor and not voting due to Alternate Status, were present in the Executive Session along with Corporation Counsel Scott Chadwick.
After the Members exited the Executive Session, Member Valentine Povinelli reiterated his earlier comments prior to the Executive Session and remarked again that the fact that everyone was treated the same coupled with the ability for changes to be made as indicated within the instructions made him indicate that he would vote to deny the Appeal.
Chairperson Shaun Jones indicated that looking at this exam in the two areas as presented in the Appeal, he would first vote to deny the Appeal with respect to moving the “Restricted Area Boundary Line” from 45’ to 60’ in as much the testimony reminded us about the weather circumstances prior to the exam and as such the ability to respond to such circumstances, as contemplated within the instructions, allowed for the marking of the “Restricted Area Boundary Line” by moving it out further some approximately 15 to 20 feet.
As to the other issue, regarding the “Alley Dock” exam concerning the grading of the driver/operator’s application of the Fire Truck’s “air brake” and the stopping of the vehicle to determine how close the driver can position the bumper to the ’”Flag Line,” the Chairperson went on to say that the testimony, revealed that the grading for this part of the exam was changed in that the scoring protocol of two years ago was utilized rather than the protocol outlined in the “Candidate Preparation Information” materials. Despite this change, the Chairperson remarked about the difficulty in upholding this part of the Appeal for the use of the prior Protocol in that every candidate was graded in the same fashion as indicated by testimony of the
Appellant , of the Appellee, and of the Observer- Daniel Wasilewski - President of the International Association of Firefighters –Local 1548. That equality in grading, despite the lack of The East Hartford Fire Department’s retention of the scoring results as calculated by the Proctor, ultimately allows for the denial of the appeal because all candidates had to face the same “Averaging Protocol.” Moreover, the Proctor’s use of the “Averaging Protocol”, as opposed to the “Closest to the Flag Protocol” (said “Closest to the Flag Protocol” that was contained within the instructions) was merely used by the Proctor out of previous practice and was put into service and applied to all as stated by the testimony of the Appellant, The Appellee and the Observer- Daniel Wasilewski - President of the International Association of Firefighters –Local 1548.
The Chairperson reminded the Fire Chief , Firefighter Leach, Firefighter & Union President Wasilewski that the Board appreciated the goodwill demonstrated/displayed between all parties throughout this proceeding and reminded all of them that they all believed, through their stated testimony, that the Proctor handled the exam well. Moreover, the Chairperson reminded them that they all felt that one Proctor vs. Two Proctors (as was the prior practice to have two scheduled “official Proctors collaborate with the final scoring results) was not an issue in as much the Observer- Daniel Wasilewski - President of the International Association of Firefighters –Local 1548 was specifically placed in the Exam with a designated “Role” to make certain that the exam was
“Fair & Equitable” by allowing for everyone to be treated the same. The Fire Chief’s contention, as well as the Observer- Daniel Wasilewski - President of the International Association of Firefighters –Local 1548, was that no substantial deviation occurred in the application and the accumulation of the results thereof as all applicants faced the same “Alley Dock” Exam and all applicants were graded the same.”.
Coupled with the “Role” of the Observer- Daniel Wasilewski - President of the International Association of Firefighters –Local 1548 , it was pointed out that in prior exams the Human Resource Director also watches as an observer so as to have other checks and balances in the presenting of the exam to the applicants.
Member Valentine Povinelli made the following Recommendation with Chairperson Shaun Jones adding a few comments thereto:
• For future tests conducted by the East Hartford Fire Department, and Alternate Member Valentine Povinelli stated that this recommendation should not or does not pose any burden upon the East Hartford Fire Department or the East Hartford Human Resources Department, 1.- prior to the instructions that will be handed out to the individuals taking such examination, such instructions shall be reviewed and shall be drafted more reasonably, 2.- the instructions to be handed to the individuals taking such exam shall be followed by those administering such exam; 3.- the testing materials, A Proctor’s Notes, and any information of each applicant’s score or results calculated by any proctor shall be retained following the exam; retention of testing materials, A Proctor’s
Notes and scores, provides avenues of inquiry short of an appeal to determine the availability of accuracy with scoring and the application of exams scheduled 4.- Consultation with the Human Resources Department with respect to examinations conducted by the East Hartford Fire Department shall be coordinated prior to the exam by the East Hartford Fire Department and The Human Resources Department to review the specific examination, the specific instructions & the specific application of same.
Personnel Assistant Sue Kyeremateng will send copies of the Minutes to the same parties that receive the Notice and Agenda.
Paul Sousa made a motion to adjourn @ 6:13 P.M. Valentine Povinelli, Jr. , seconded and the motion passed unanimously. Meeting Adjourned @ 6:13P.M.
VOTING TALLY SHEET
Town of East Hartford
Personnel Appeals Board
Monday, December 12, 2011
Monday, December 12, 2011- Minutes of Firefighter Richard Leach’s Appeal. Appeal Dated October 19th, 2011, Concerning the October 6th, 2011, Posted results of the Town of East Hartford’s Fire Department’s Promotional Examination for Pumper/Driver/Operator. ((Continued From: November 17th, 2011 –Appeal/Hearing/Meeting)
)
• Member Paul Sousa made a motion @ 5:40 P.M. in favor of the Members of the Personnel Appeals Board to enter into Executive Session to discuss 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 Present; but not voting due to Alternate Status.
Robert Keating - Member associated with labor Not Present
Valentine P. Povinelli, Jr. - Member associated with management YES
• Alternate Member Valentine Povinelli, Jr. , made a motion @ 6:06 P.M. in favor of the Members of the Personnel Appeals Board to either sustain or deny the Appeal, Member Paul Sousa seconded and after discussion by Alternate Member Valentine Povinelli & Member Shaun Jones the motion by a two to one vote denied the appeal..
Shaun Jones - Chairperson - Member not associated directly with either management or labor Deny
Paul Sousa - Member associated with labor Sustain
Thomas A. Ogar, Esq. - Member associated with management - Not Present
ALTERNATES
Lynn L. Kayser - Member not associated directly with either management or labor Present; but not voting due to Alternate Status.
Robert Keating - Member associated with labor Not Present
Valentine P. Povinelli, Jr. - Member associated with management Deny
Alternate Member Valentine Povinelli, Jr. , made a motion; with Member Paul Sousa seconding @ 6:11 P.M. in favor of the Members of the Personnel Appeals Board making an official recommendation as follows:
For future tests conducted by the East Hartford Fire Department, and Alternate Member Valentine Povinelli stated that this recommendation should not or does not pose any burden upon the East Hartford Fire Department or the East Hartford Human Resources Department, 1.- prior to the instructions that will be handed out to the individuals taking such examination, such instructions shall be reviewed and shall be drafted more reasonably, 2.- the instructions to be handed to the individuals taking such exam shall be followed by those administering such exam; 3.- the testing materials, A Proctor’s Notes, and any information of each applicant’s score or results calculated by any proctor shall be retained following the exam; retention of testing materials, A
Proctor’s Notes and scores provides avenues of inquiry short of an appeal to determine the availability of accuracy with scoring and the application of exams scheduled 4.- Consultation with the Human Resources Department with respect to examinations conducted by the East Hartford Fire Department shall be coordinated prior to the exam by the East Hartford Fire Department and The Human Resources Department to review the specific examination, the specific instructions & the specific application of same.
After discussion by Alternate Member Valentine Povinelli & Member Shaun Jones 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 Present; but not voting due to Alternate Status.
Robert Keating - Member associated with labor Not Present
Valentine P. Povinelli, Jr. - Member associated with management Yes
• Member Paul Sousa made a motion @ 6:13 P.M. to adjourn; 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 Present; but not voting due to Alternate Status.
Robert Keating - Member associated with labor Not Present
Valentine P. Povinelli, Jr. - Member associated with management YES
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