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HomeMy WebLinkAbout12/11/2007MAPLEWOOD CIVIL SERVICE COMMISSION MINUTES December 11, 2007 The December 11, 2007 meeting was called to order at 8 a.m. Members Present: Steve Gunn, Chair Marlene Palkovich, Secretary Lisa Liddell Others Present: Chief David Thomalla City Attorney Alan Kantrud Commission Liaison Terrie Rameaux Public Safety Manager Robert Dollerschell Approval of Minutes Commissioner Palkovich made a motion to approve the minutes of the September 5, 2007 meeting. Commissioner Liddell seconded the motion. Ayes: 3, Nays: 0. Motion carried. Review/Approve Backtround of Police Officer Candidates and Certify Name Discussion of Candidate #28—Commissioner Palkovich stated her frustration and concern regarding not being able to have a closed session to discuss some of the items regarding this candidate. She asked that the Police Chief explain the psychological screening process. Chief Thomalla stated that the psychological screening is required as part of the City's hiring process and that of the POST Board, and that the City has utilized Dr. Gary Fischler and Associates for this process for many years. He explained the psychological is a two-day process which includes screening, testing, and then evaluation of the results in an interview with the candidate and a psychologist. The psychologist also reviews the autobiography provided by the candidate along with a summary of the candidate's background as provided by the City. This process is done after there has been a conditional job offer. Commissioner Palkovich inquired if the Police Chief was satisfied using Dr. Gary Fischler's organization for this process. He stated that the Department was very happy with the process and that Dr. Fischler's office tries to tailor the process to the department and its needs. He stated they are very thorough in their process. Commissioner Liddell commented that in the past there have been candidates that failed the psychological. The Chief acknowledged that there has been in the past and later stated that there is one candidate on the current eligibility list that did not pass the psychological. Commissioner Palkovich stated that she would like to ask questions regarding this candidate but feels it is inappropriate to do so in an open meeting. Chair Gunn stated that he understands Commissioner Palkovich's concerns regarding a certain item in the background report. The background officer passed the candidate on his background. Chair Gunn stated that he wasn't sure that something out of the candidate's control should impact the decision of the Police Civil Service Commission to certify the candidate. Chief Thomalla referred to the background and the date of the candidate's skills test and candidate's expiration of his eligibility coming up. However, the candidate is planning on renewing his eligibility to be licensed. The Chief stated that he agrees with the Chair in that this shouldn't be a reason to not approve the candidate but to consider the recommendation of the psychologist which the Chief is comfortable with. Commissioner Liddell made a motion to approve and accept the background for Candidate #28. Seconded by Chair Gunn. Ayes: 3; Nays: 0. Motion carried. Commissioner Liddell made a motion to certify Candidate #28. Seconded by Chair Gunn. Ayes: 3; Nays: 0. Motion carried. Chief Thomalla stated that the certification of this candidate exhausts the eligibility list. There are currently three certified candidates to choose from. However, one candidate may no longer be interested as he has a job with another department. He also stated that there is currently one vacancy and he will be making a conditional job offer very soon. That would result in one remaining name. He doesn't anticipate any other vacancies in the near future. He stated that he would approach the Commission regarding another testing process for police officer once the need arises. Certifv SerLyeant Candidate to Eligibility List Chair Gunn reiterated that in August 2007 the Commission certified three names for sergeant to the City 4 Manager. One of those candidates was promoted. Chief Thomalla stated that since there was going to be a meeting today and likely not again until the mandatory meeting in February, he requested that Terrie Rameaux put this item on the agenda. In summary, there were four candidates that were on the list, the top three candidates of which were certified, and one of the candidates was promoted. There needs to be three names certified to choose from should an opening arise. He stated that he doesn't anticipate any openings for sergeant in the next several months. Commissioner Palkovich made a motion to certify sergeant candidate #4. Seconded by Commissioner Liddell. Ayes: 3; Nays: 0. Motion carried. Review Current Civil Service Rules and Regulations Commissioner Palkovich stated that her concern with Page 2, Section 2, B. She stated that Section 419 of Minnesota State Statute is quite clear and that she has a problem with the way it is interpreted, not with the way it is worded. She feels the majority of this Council agrees with the Statute when it's appropriate for them and disagrees with it when it's expedient for them. Therefore, she is concerned with this section and is wondering if anyone is going to do anything regarding this matter. Chair Gunn read Section B of the Police Civil Service Rules and Regulations as follows: "The Commission shall have absolute control over the examination, hiring, promotion, discharge, demotion and suspension of all sworn employees of the Department. The Human Resource Director will facilitate the hiring process including assisting in developing and administering examinations and maintaining eligibility lists. Commissioner Palkovich also stated a concern with Page 5, Section 7, first paragraph.—"... with the approval of the Commission." She stated that the Commission doesn't always approve what the City Manager decides to do. Chair Gunn stated that this particular section addresses the `rejection of applications.' He asked for clarification of this particular section. Chief Thomalla stated that the Commission does not look at the applications. He believes the language is in there in case there would be a situation where the application may need to be reviewed by the Commission. The Chief referred to Mr. Dollerschell who suggested that these be reviewed by the Commission. Public Safety Manager Dollerschell stated that since it hadn't been revised since October 2003, he thought that the Commission may have some changes that they'd want to make. Commissioner Palkovich also stated that the latter part of Section 22B as another conflict that they've had in the past that she feels needs attention. She believes these specific sections addressed are ambiguous and need attention. Chair Gunn stated he's satisfied with the language referenced in Section 2B. Commissioner Liddell had no comments to add. No further discussion or action requested. Other The next mandatory meeting will be held on February 4, 2008, the first Monday of February, as required by Minnesota State Statute. City Attorney Alan Kantrud stated that there was discussion at the previous night's council meeting regarding the change that will soon come into being for the city, that of mandatory broadcasting and recording of public city meetings. He stated there was some discussion regarding the propriety of broadcasting with respect to this Commission's meetings. He asked if there was any concerns regarding this new change that they wanted to have brought back before the Council. Commissioner Palkovich again reiterated that she is not opposed to open meetings or live broadcasting, that she feels they are very positive. However, when there are personnel issues or implications of a sensitive nature that need further discussion, she feels the Commission should be allowed to close that section of the meeting for that discussion to occur. She does not believe that a candidate would want this type of discussion to occur at an open meeting. Chair Gunn inquired if there has been any feedback regarding the broadcasting of the Commission's early morning meetings. Terrie Rameaux stated that she has not received or heard any comments either way. She stated that the meetings are replayed as various times on various days. Chair Gunn stated that having commission/city meetings on television is very good. He feels that discussion on police officer candidates is very good. He believes the Commission has always handled things well by referring to them by number versus their name. He also stated that he believes much of what is discussed is already public facts. Chief Thomalla clarified that under the Data Practices Act, information regarding arrests, and criminal convictions or charges are public; however, there are some instances in which candidates are involved in something where that information does not meet that threshold and therefore, is not public. Commissioner Liddell stated that she also supports the broadcasting of the meetings. However, she shares the same concerns as Commissioner Palkovich with regard to the discussion of private issues but not broadcast. City Attorney Kantrud suggested that maybe the Commission could table an item and put it in writing and give to the Police Chief to obtain a response back in writing for review. However, Commissioner Palkovich stated that there are times when the Police Chief may need an expedient response in order to make a timely decision on certain things. Mr. Kantrud stated that he believes the Commission has been keeping the anonymity of candidates well protected. Mr. Kantrud acknowledged the Commission had a valid point and that he would check to see if the Commission could close the meeting in an effort to have more candid discussions regarding candidates. There were no problems with the new broadcast policy, other than these specific concerns. There being no further business, the meeting was adjourned at 8:32 a.m. Respectfully submitted, l Terrie Rameaux to Recording Secretary in 0