HomeMy WebLinkAbout03/02/2009 CIVIL SERVICE COMMI,SION MINUTES
March 2,2009
7:30 a.m.
Carnegie Conference Room
Members Present: Tim Luce,Bonetta Culp, John Blitsch
Member Absent: David Meeks (ex officio)
Others Present: Nancy Eckert, Steve Decker, Jay Roberts, Larry McNamara, Bob Stringer,
Cheryl Huddleston
Moved by Blitsch, seconded by Culp to approve the March 2, 2009 Agenda as mailed. Motion
carried.
Larry McNamara, a former employee, is requesting an Appeal Hearing before the Civil Service
Commission because he was terminated due to a positive random follow up alcohol test.
Bob Stringer, Human Resources Director, explained that this was actually the second positive
alcohol test. After the first positive alcohol test, Mr. McNamara was sent for evaluation and
treatment. Mr. McNamara filed a grievance through the Union after the termination that went as far
as Step Three where Mayor Hurley denied it based on its merit and because it was not timely.
Mr. McNamara then requested the Civil Service Appeal Hearing before the Civil Service
Commission. According to Chapter 400 of the Iowa Code, Mr. McNamara had only 14 days to
request an Appeal Hearing. The termination was December 3, 2008, but the Appeal Request was
not filed until February 18, 2009.
Attorney Jay Roberts, representing Mr. McNamara, asked to speak to the issue. He feels the
process was handled poorly by the Union. He also commented that there have been previous
violations of the substance abuse policy by the "Building Inspector" and by a snowplow driver who
had two previous positive marijuana tests who killed someone. Neither of these employees lost
their job. He feels it is not fair that Larry, who was an "outstanding City employee for 20 years"
should lose his job due to a positive alcohol test of less than .04 that isn't even considered impaired
under State law. Attorney Roberts submitted Exhibits 2 and 3 that say Larry was taking cold
medication that his doctor says could have contributed to the positive alcohol finding. Larry had a
beer with his lunch a couple hours before he began work. Larry was never able to not function. He
also commented that the drug and alcohol rules weren't applied to a Fire Department "meth dealer
who has been a major drug dealer for 20 years." The rules as they are enforced are arbitrary —
police officers are also not subject to random testing. It would be easy to do a hair follicle test. The
penalty for Larry's minor indiscretion is too harsh. The Civil Service Commission should have
some leeway to reconsider. He repeated that Larry has been singled out despite no penalty to the
"Building Inspector" and the meth dealer. Larry has a right to be heard.
Bob Stringer responded that there is no Citywide random drug testing. Only those employees
required to have a CDL are subject to the Federal law and it is what it is. Larry had a copy of the
policy and understood the ramifications of another positive alcohol test. Stringer also pointed out
that an employee is not suppose to use alcohol for at least six hours before working.
Commissioner Luce said thaYan employee actually has 20 days to request an Appeal Hearing before
the Civil Service Commission but said that this is not a meeting to hear the issues but only whether
to set an Appeal Hearing. His feeling is that the timeliness of the request for Appeal is a concern.
If the Commission makes an exception in this case, it must make an exception all the time. Also,
Mr. McNamara made his choice to file a grievance with the Union rather than request an Appeal
Hearing. There is a timeliness issue with both processes.
Attorney Roberts said that he could appeal to District Court, citing the lack of adequate
representation by the Union.
Commissioner Culp commented that, although she feels for Larry, the Civil Service Commission is
constrained by the rules of the Iowa Code.
Move by Blitsch, seconded by Luce that the Civil Service Commission deny Mr. McNamara's
request for an Appeal Hearing on his termination of employment because it was not timely. Motion
carried.
With no further business before the Commission, moved by Blitsch, seconded by Culp to adjourn.
Motion carried.
Nancy Eckert
City Clerk