HomeMy WebLinkAbout12/18/1980 Civil Service Commission
December 18 , 1980
Chairman Braun called the meeting to order .
Members present : Eibey, Randall , Braun & Furgerson
Others present : Margaret A. Girsch, Paula Larson, Hugh M. Field, Mayor ,
Leo P . Rooff, Vic Kennedy, Tim Luce , Roger Mogle , Jim
Rodemeyer, Michelle Temeyer, and Larry P . Burger , Clerk
of the Civil Service Commission.
Motion by Randall to approve the minutes of the November 20 , 1980 Civil
Service Meeting . Seconded by Eibey. Motion carried.
Paula Larson, Attorney for Margaret A. Girsch, stated that their petition
filed on behalf of Ms . Girsch covers three (3) points :
1 . Margaret is covered under Iowa Code , Chapter 400 , Civil
Service Law.
2 . Margaret was discharged under different procedures
other than those provided for under Chapter 400 of Iowa
Law. Being a Civil Service employee , she is protected
under Chapter 400. 18 and 400 . 19 of Iowa Law.
3 . Reason for discharge is illegal under Chapter 400 , Civil
Service Law.
Ms . Larson then stated that Ms . Girsch is asking for reinstatement to her
former position, any benefits she would have accrued, back pay from the date
of discharge, and for attorney fees associated with her reinstatement .
Mr. Kennedy stated that the City ' s position is that she probably is covered
under Chapter 400 , Civil Service Law and in that she should have filed her
appeal within twenty (20) days of the date of termination. Mr . Kennedy
continued that in reality she filed her appeal three (3) months after her
termination.
Mr. Kennedy then stated that the grounds for dismissal was disobedience . He
continued that the twenty (20) day limit for filing an appeal has long since
past and it ' s the City' s opinion that the Civil Service Commission no longer
has jurisdiction over this case .
Hugh Field, attorney for Margaret Girsch, stated that the procedure outlined
in Chapter 400 . 19 of the Iowa Code for dismissal of an employee was not used
and so the twenty (20) day limit on filing an appeal did not come into play.
Field continued that in his opinion Ms . Girsch has never been properly dis-
charged from the City and that the City' s ordinance requiring employees to
be residents of the City is not valid.
Randall then asked Ms . Girsch to summarize what procedure was followed in her
discharge.
Ms . Girsch stated that :
1 . She received a letter dated August 19 , 1980 , from Roger Mogle
stating the City' s residency requirements and asking her to
rectify her situation within thirty (30) days or forfeit her
employment .
2 . On the last day of her employment , September 18 , 1980 , Ms .
Girsch was told she no longer had a job and not to come back
to work.
Mr. Kennedy then asked how much time should be given a terminated employee
to file an appeal in Mr. Field' s opinion.
Mr. Field replied that he feels Ms . Girsch did not wait an unreasonable
amount of time .
Braun then questioned whether the Mayor affirmed the termination of Ms . Girsch.
The Mayor replied that , yes , he agreed with Ms . Girsch being terminated .
December 18 , 1980 -2- Civil Service Commission
Braun then asked the Clerk if he received any notice of the termination
according to Chapter 400 of Iowa Code .
Burger replied, no, he did not.
Tim Luce , attorney for the Commission, stated that in his opinion Section
400 . 19 of the Code of Iowa only relates to the Police and Fire Departments .
Larson stated that Ms . Girsch ' s termination was either peremptory or other-
wise. She continued if it was otherwise then they need to follow Section
400 . 18 . If it was peremptory, then you need to get into the appeal process .
Ms . Larson continued that it is their opinion that it was not peremptory.
Ms . Girsch has a good work record and is entitled to Civil Service protection .
Kennedy stated that Ms . Girsch was in violation under Section 400 . 19 of the
Iowa Code due to disobedience .
Jim Rodemeyer stated that Ms . Girsch was given an option to come within the
City' s policy within 30 days or lose her job . She did not choose to comply
with this request and her job was terminated.
Braun then asked for any additional information to be considered in the case
of Margaret Girsch that was not already covered. Hearing none , she then asked
the other members of the Commission what procedure they would like to follow
in a decision.
A general concensus was that the Commission should go into a short Executive
Session with the consent of Ms . Girsch.
Hugh Field then stated that his client would consent to a closed session to
deliberate this matter.
Motion by Randall to adjourn to an Executive Session for the purpose of
deliberating the hearing of Margaret Girsch. Seconded by Eibey. Motion
carried.
EXECUTIVE SESSION
Motion by Eibey to adjourn the Executive Session. Seconded by Randall . Motion
carried.
Motion by Randall that the Civil Service Commission deny the petition of
Margaret A. Girsch for the reason that she failed to appeal her discharge
from the City of Waterloo within the statutory time period as set out by
Section 400 . 20 State Code of Iowa. Seconded by Eibey. Motion carried.
Rodemeyer stated that in regard to the Fire recruitment exam the tentative
date for the exam is February 6 , 1981 for the written part and February 7 ,
1981 for the physical part . The written part of the exam will be conducted
by the Fire Extension Service of Ames . The advertisement will begin December
28 , 1980 with the Waterloo Courier , Des Moines Register , Chicago Tribune , and
the second page of The Fire Fighter Magazine . The City is anticipating quite
a few applicants . The deadline for applying will be January 23 , 1981 at
5 : 00 P .M.
Rodemeyer continued stating the written test will be conducted and scored by
the Fire Extension Service of Ames and the Physical Qualification text will
be purchased from American Physical Qualification Testing Corp . of Cedar
Rapids and will be administered by Dorothy Teague of the Athletic Department
of the Waterloo Schools .
Discussion followed regarding the weight of overall scoring that each part
of the exam will count .
Discussion then followed regarding whether to use oral interviews in the
selection process in Fire recruitment procedure.
Motioned by Eibey that the Civil Service Commission not use oral interviews
as part of the 1981 Fire Recruitment Exam process . Seconded by Randall .
Motion carried.
December 18 , 198u -3- Civil Servi.,z Commission
Motion by Randall that the 1981 Fire exam process is as follows :
1 . The written exam will count 100% of the total score .
2 . The physical qualification exam is a pass/fail score .
3 . No oral interviews will be conducted.
4. Application packet drawn up by the Commission support staff
be posted.
5 . Deadline date and test date be part of the notice as scheduled
by the Clerk of the Commission.
6 . Written test conducted by Iowa State Extension Service .
7 . The physical qualification exams be furnished by American Physical
Qualification Testing Corp . of Cedar Rapids , Iowa.
8 . Must have reached the age of 18 years of age by the date of the
exam.
9 . Vision may not have more than a maximum deviation of 20/30 each
eye uncorrected, each eye correctable to 20/20 with glasses or
contact lenses . If you wear glasses or contact lenses , or there
is any doubt as to the suitability of your vision, it is required
that you contact an opthalmologist/optometrist to determine
whether or not your eyes meet the vision requirements before
submitting an application. Contact lenses are not permissible .
10 . Has normal color vision.
11 . Has normal hearing in each ear .
12 . Be a graduate of an accredited high school , or possess an equiva-
lency certificate (GED) which meets the minimum requirements of
the State of Iowa as determined by the State Department of Public
Instruction. Copy of transcript required.
13 . Is a citizen of the United States and a resident of Waterloo ,
Iowa, or intends to become a resident upon being employed.
14 . Is able to read and write the English language .
15 . Is not a liquor or drug addict .
16 . He or she is not by reason of conscience or belief opposed to
the use of force when appropriate or necessary to fulfill his
or her duties .
17 . Has not been convicted of a felony.
18 . Must have a current valid drivers or chauffeur ' s license from
state of residence and obtain an Iowa driver' s license at time
of employment .
19 . All applicants must provide certification of a completed medical
examination prior to being allowed to take the physical agility
test . Physical should consist of a general exam of blood
pressure , heart , lungs , abdomen, genital areas and extremities .
Seconded by Eibey. Motion carried.
Kennedy stated that in regard to the temporary injunction stopping the
Commission from conducting promotional exams for the Waterloo Police Depart-
ment , he filed a petition to quash the injunction. He continued that now
the Judge has set January 6 , 1981 , at 10 : 00 A.M. to hear the petition.
Kennedy continued that he would like the Chief of Police and a representative
of the Commission to attend the hearing.
December 18 , 1980 -4- Civil Service Commission
Braun stated that the Commission would request that Larry Burger , Clerk of
the Commission, attend the hearing of January 6 , 1981 , on behalf of the
Commission.
Mogle reported that he attended a meeting in regard to the ombudsman ' s letter
requiring all City employees be placed under Civil Service Law. rlogle
continued that there will be another meeting held in January or February .
Braun expressed a concern that the City employees are not aware of the appeal
process that is available to them. Braun continued that she would suggest
making people aware of this .
Braun called for any additional new business . There was none .
Motion by Eibey to adjourn. Seconded by Randall . Motion carried.
Larry P . Burger, Clerk
Civil Service Commission