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Home My WebLink About10/17/1993 CIVIL SERVICE COMMISSION Richard Carlson Hearing September 17, 1993 8:30 a.m. City Council Chambers Members present: Dave Juon, Bonetta Culp, John Murphy Members excused: James Boyd Others present: Paul Huting, Todd Derifield, Bill Bachman, Rick Tagtow, Dean Fagerlind, Rick Curran, Peggy Carlson, Rich Carlson, James Walsh (Attorney for City) , Robert Dieter (Attorney for Commission) , Michael Buckner (Attorney for Mr. Carlson) , Cora Turner, Jim Rodemeyer, Cheryl Huddleston The hearing convened at 8: 45 a.m. Attorney Walsh submitted an additional document to all concerned parties. Commission members requested to confer with Attorney Dieter on procedural matters prior to hearing opening statements. The hearing was reconvened at 9 :05 a.m. Per Chairperson Juon, the hearing will be open unless Mr. Carlson requests otherwise. Attorney Buckner made a motion to the Commission that the action brought by the City be heard under Iowa Code Chapter 400. 22 which covers removal , demotion, or suspension. The Commission denied the motion and elected to proceed under Iowa Code Chapter 400. 28 which covers layoffs. Attorney Walsh made his opening statement, stating that the City' s position will be that the action taken was a layoff under Iowa Code Chapter 400. 28, the layoff was due solely to financial considerations, that layoffs took place in many other departments, the layoff was done after much information was released to the public and after discussion at several public meetings, and the cuts in staff were made by the City Council , not by Rick Tagtow. Attorney Buckner made his opening statement, stating that Mr. Carlson is a protected class by virtue of Civil Service coverage, that the proper procedure under Iowa Code Chapter 400. 28 was not followed, and that the "permanent layoff" was a guise for termination or discharge . Witnesses called by Attorney Walsh were: 1 . James Rodemeyer, Director of Personnel 2 . Bernal Koehrsen, Chief of Police The Commission called a break from 10: 15 a.m. to 10: 35 a.m. Additional witnesses called by Attorney Walsh were : 3 . Rick Tagtow, Director of Parks 4 . Paul Huting, Superintendent of Resources Park Commission Buckner asked the Commission to rule that the City has not presented a prima facie case for layoff under Iowa Code Chapter 400 .28 , and requested reinstatement for Mr. Carlson. He maintained that there was nothing in City records to show that the City Council abolished the position held by Mr. Carlson as is required by Iowa Code Chapter 400. 28 . The hearing was recessed at 11 : 50 a.m. to allow the Commission to discuss Attorney Buckner' s motion. The hearing reconvened at 12 : 10 p.m. and the Commission voted unanimously to deny Buckner' s motion. Witnesses called by Attorney Buckner were: 1 . Robert Brooks, Assistant Director of the Physical Plant at University of Iowa and former Director of Parks for City of Waterloo 2 . David Hankes, Park Maintenance III 3 . Harris Ceaser, Park Maintenance I The Commission recessed for lunch from 12 : 25 p.m. to 1 : 05 p.m. • DIP KOSIEM:0 ItaaT D AlT O UT 1-od aaAaway aTTagoTH •pagos44u Sr uotsstwwoD alp Jo uotstoap agy •w•d OT : g qv uotstoap .itagq paounouus pus •w•d 0E :2 qv suoTquaagtTap paqasgs uoTsstwwo3 agy •asneo pjnoM a8aegostp a gsgq swaTgoad ptone ol aanjaaggns e s8M .j joAsT quausw.iad. aqy gsgq paute.utew aH •Noeq qof stg $utqqa8 jo aousgo Aue psq aq qsgq putty s ‘uosTas3 •aW ut uotgsanb ou seM aaagq 1.no paqutod pus ivauewaad Jo uot.TuTJap daeuotgotp alp aAe8 aH •aaTTasa apses ay uotgow aqq paggtwqnsaa aauNong Aauaolwd •pagvgsutaa aq oq paTgtqua st uosTae3 'apoo sMoi aqy. MoTTo3 qou ptp TTounoO AgT0 aqq aoutg •suotssas ga$pnq jo gsag aqy. Sutanp pallooTaano ssM 3Jo4eT stgq agBsw gsgq. pauotgsanb aH •$utasaq ga2pnq Teaaua2 • Jo lard se you '$utgaaw Ttouno0 AlT0 a qv uoTgnTosaa Aq paonpaa uotgeoTJTsswTo s uT saaAoTdwa Jo aagwnu awl. .zo pagstToge aq gsnw uotltsod aqq -- auop aq oq seg gvgi uo oTJtoads sT apo3 agy •MBT agq $uTgoagoad .zoj ajgtsuodsaa st uotsstwwo3 alp gsgq pus pa.iou$t aq aanleTsTBaT alp 8q passed qou ssM OOti aaldegD apoD stool gsgq paztssgdwa aH •uoTlTsod s ‘uosTas3 •ayj paztaewwns aauNong Aauaofld •saead aTdnoo qsvi aqq ooTaageiy Jo AgT0 agq ggjM paouataadxa saq aq usgq .uawuoaTAua MaoM aatddeg a putj ATgvgoad pTnoo uosTIs3 •aye pus aadoad sum J3o.sT agy •TTouno0 AlTO O . uaNvq sBM 1T 'aogeutpaooD spunoap Jo uotgtsod aqy qno oq apaw sum uotstoap ago uagM •aaTTaaa sasaA aTdnoo a pagowap sum aq uagM uoTgoa aotnaas TTATD a)ial of you pagoaTa uosTaa3 pua pagautwaaq qou sum pus saga& 9-g aoJ Mo4$ay •aW aapun pa)taoM peg uosTaeo •ayl • ' 8Z ' OOV aaldagD apo0 aMoi aapun tTaqatadoadda auop ssM qT 'BuoaM ao gg2ta ssM uoTsToap aqq aaggaqM •quawgaadap agq Jo sgsaaa1ut gsaq aqq ut seM 4TeJ aq gagM uo uotstoap aqq apses Moq$ay MoT2i pus qno aq oq peg aoI.sutpa000 aup •sig$ta .$utdwnq. ou gg4M aoTAaag TTATD utgl.tM suoTgeot3Tss8To aysaedas aas suoTgTsod aolautpaooD aqy •squaw.asdap Teaanas pagoaJJa gaga suot3saaptsuoo Tatousut3 Aq ATaTos pauaano$ seM JJoBaT agq vegl sT aaqqaw aqq Jo xnao aqq 'suot3aaado Maed uo suotutdo autaaJJTp Jo aoueptna aaaTo st aaagq q$noqma pagags aH •uotgtsod S TD agq paztaawwns gsTaM AauaoqWW asano0 JTop Naad sauaAg oad JToD 'uowaq maaw • g uotsstwwoD )taad ao1autpaoo3 spunoaD 'uosTaea gofH • � :aaaM aauNong Aauaoggy Lq paTTso sassaugtM TeuoTgTppb BEFORE THi. WATERLOO CIVIL SERV J1E COMMISSION In the Matter of the Appeal of Richard Carlson: •. On the 17th day of September, 1993, the Waterloo Civil Service Commission met in open session to consider the appeal of Richard Carlson from the personnel actions of the City Council providing for staff reductions by layoff. All members of the Commission were present. Ex Officio member, James Boyd, was excused by virtue of illness. The Appellant was present in person with his attorney, Michael Buckner. The Employer, City of Waterloo Department of Parks and Forestry, appeared by Director, Rick Tagtow, and City Attorney, James E. Walsh. Hearing was duly commenced at 8:30 a.m. The parties stipulated to Exhibits and witness qualifications. Appellant's pre hearing motion pursuant to Section 400. 18 and Section 400.22 of the Code of Iowa is denied as the City action is based solely on Section 400.28 Code of Iowa. FACTS Appellant appeals from "permanent" layoff alleging that the City did not follow 400.28 providing for a workforce reduction. That the employee's selection for layoff was arbitrary and vindictive and that seniority rights were violated. The City of Waterloo is and has been faced with a significant budget challenge. Layoffs and staff reductions have been affecting all City departments including not only Parks and Forestry, but Police, Fire and others. Each Department Head has been required to prepare and submit budget reduction plans including decisions for layoff. Richard Tagtow as Director of the Department of Parks and Forestry recommended layoff of the Grounds Coordinator in his department. At a July 1993 meeting of the City Council the recommendation was adopted and reduction of personnel authorized. Mr. Richard Carlson, a ten year employee, received notice the next day verbally and in writing on July 21, 1993, that he was subject to permanent layoff effective October 1, 1993. Mr. Carlson and Mr. Tagtow had a long standing "edge" to their professional relationship which had engendered some discord. Mr. Tagtow had previously demoted and moved Mr. Carlson from Superintendent of Facilities to a Coordinator position and then laterally to Grounds Coordinator. Neither Facilities Coordinator or Grounds Coordinator are on the current organizational chart. The four coordinator positions within that department were all single incumbency, separate Civil Service classifications. Some rumblings after the layoff appeared to affect the department efficiency and Director Tagtow moved up the effective date of the layoff to August 11, 1993. DECISION AND ORDER By a Two to One (2-1) Vote We Affirm and Modify: The City complied with its own policy and the Iowa Code in good faith in determining the need for a reduction in employees and effecting it. We find, however, that the initial letter notice of layoff is controlling and that Mr. Carlson's effective last date shall be October 1, 1993, and that he shall be restored all compensation and benefits as of that date. We find and direct that he shall be on paid administrative leave until that time. All salary, seniority and benefits shall be calculated to be effective as if uninterrupted from his last date of service until October 1, 1993. We further find that the substance of the job duties and descriptions shall control Mr. Carlson's recall rights raker than any job title or classik.,.tion. We therefore direct and order that Richard Carlson shall have recall rights for three years from and after October 1, 1993 for any Coordinator position, or its equivalent, in the Department of Parks and Forestry or any combined or successor department. The City Personnel Office shall in good faith afford recall rights by examining any new or vacant position in the applicable department with regard to Mr. Carlson's qualifications as described in the duties and job descriptions for Forestry, Grounds, Construction, and Facilities Coordinator as those duties were listed in the Exhibits received into this record. Mr. Carlson shall have no recall rights for the classification of Golf Course Coordinator. The City Personnel Department is directed to examine all employment classifications in the City which have but a single incumbent, for purposes of determining appropriateness of maintaining such classifications in light of the potential for unfair impact regarding seniority and recall rights where separate classificatio s within the same department have the same or similar duties. A report to the Civil Servi - Commi = 'on shall be prepared and submitted with all deliberate speed. The foregoing is the Order of the Commission on a vole 'of ;9• ;. Dated this 17th day of September 1993. By l , /L► David Juon, Chairperson Waterloo Civil Service Commission By 1)() J. Murp , Commissioner Waterloo •evil Se vice Commission DISSENT Commissioner Culp dissents: The skills and abilities by Mr. Carlson were not the basis of his selection for layoff. In addition, I am critical of the situation where a person's skills and abilities would fit across classification lines, but are not so utilized. By d Bonetta Culp, Commissioner Waterloo Civil Service Commission ;,.\CAaLnUA.HC