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HomeMy WebLinkAbout07/21/1992 CIVIL SERVICE COMMISSION APPEAL HEARING - DOUGLAS O'NEIL JULY 21, 1992 4:15 P.M. CITY COUNCIL CHAMBERS Members present: Dave Juon, Bonetta Culp, John Murphy, B.J. Furgerson Other present: Sang Ki Han, Paul Huting, Jim Rodemeyer, Rick Tagtow, James Parkhouse, Steve Piper, Mark Lane, Terry Wentz, Richard Olson, Earle Carner, Odie Piper, Doug O'Neil, Dennis Parmenter, Cheryl Huddleston The hearing was called to order by Dave Juon, Chairperson of the City of Waterloo Civil Service Commission. The purpose of the hearing was the appeal of Douglas O'Neil, Park Maintenance I , on a three-day suspension without pay, a disciplinary action received as a result of damage done to a Park Department vehicle on June 11, 1992. Mr. O'Neil was represented by Attorney Dennis Parmenter. The City was represented by Assistant City Attorney Sang Ki Han. Mr. Parmenter began by requesting that the oral warning received by Mr. O'Neil on June 10, 1991 should be deleted from the record based on the bargaining contract that says disciplinary warnings no longer exist for purposes of future disciplinary action after one year. Mr. Han felt it should remain to show a graduated disciplinary process had been used. Chairperson Juon, with the consensus of the Commission members, said the hearing was not part of the grievance procedure per the bargaining contract, but an appeal to the Civil Service Commission and the Commission would consider everything that had been presented including the June 10, 1991 oral warning. Mr. Han concurred saying that the Commission is bound only by Chapter 400 of the Iowa Code, not the bargaining contract. Mr. Parmenter wanted it noted that, for the record, he objected to mention of the June 10, 1991 incident. Paul Hating, Superintendent of Resources for the Park Department, was called to the stand. He stated part of his responsibilities are personnel issues including disciplinary actions and training. On questioning from Mr. Han, he said that Mr. O'Neil had been hired for the position of Park Maintenance I based on his previous experience as indicated in his resume and his previous employment as an intern with the City of Waterloo Park Department where he had operated equipment similar to what he now operates. Mr. Huting indicated that progressive discipline is used with incidents involving equipment damage starting with an oral warning, and proceeding to a written warning, written warning with one-day suspension, and written warning with a three to five day suspension. Mr. O'Neil's resume was entered as City Exhibit #1. Mr. Parmenter entered a copy of the Municipal Employee's Local 353 Bargaining Contract as Employee Exhibit #1. He referred to Section 701(a) and again insisted that the June 1991 oral warning should not be in the specifications because Mr. O'Neil did not give permission to release this outdated information. He referred to the one-day suspension resulting from the August 1991 incidents as being too severe a penalty. Juon asked whether the August 1991 suspension was grieved or appealed? It was not. Mr. Juon commented since the August 1991 disciplinary action was not grieved or appealed in the specified time, this action was "water under the bridge" and would not be discussed. Ms. Culp commented that Mr. O'Neil had accepted the punishment at the time of the one-day suspension so the Commission should accept it also. Mr. Parmenter requested a recess at 4:40 p.m. to confer with Mr. O'Neil and Union representatives. The hearing reconvened at 4:45 p.m. Mr. O'Neil was called to the stand by Mr. Parmenter. He explained the June 11, 1992 incident that resulted in the three-day suspension. He indicated Jim Parkhouse was pulling the stump machine with a vehicle that didn't have any back lights. Mr. O'Neil had been directed to stay behind Jim. Somehow a Park vehicle being driven by Lee Young got between them. While Mr. O'Neil was "trying to catch up" with Mr. Parkhouse he ran into the back of the grapple truck. Mr. O'Neil indicated the incident was "my fault" but that he was under strain to keep up with "equipment not road worthy." His explanation of the damage was "gashes to the left front fender less than one foot." Mr. Han commented that the vehicle Mr. O'Neil hit did not have light problems and that the estimate on repair to the damaged vehicle from Red's Body Shop was $864.02. Ms. Culp questioned whether there was anything put in writing regarding the faulty lights? Mr. O'Neil indicated it was a verbal complaint within a week of the accident. Chairperson Juon asked whether Mr. O'Neil had held the same job all three seasons with the Park Department and Mr. O'Neil indicated he had. Juon also asked how a major safety concern was usually addressed? Mr. O'Neil said that either a supervisor is told or it can be brought up with the Safety Committee. Ms. Furgerson wondered whether Mr. Young was aware of the defective lights? Mr. O'Neil did not know. She questioned whether Mr. O'Neil saw the brake lights on the truck he hit? He said his foot must have "eased off the brake." Ms. Culp asked whether Mr.O'Neil was accepting responsibility for the incident? He responded "yes." He indicated that he thought the truck had been stopped at the stop sign longer than it should be. Ms. Furgerson wondered whether Mr. O'Neil could adequately make a judgement for another driver stopped at a stop sign. Mr. Han gave his closing statement. He pointed out the discipline on Mr. O'Neil had been progressive and graduated, Mr. O'Neil had not grieved previous disciplinary actions, and three or four accidents should be considered excessive since Mr. O'Neil has only worked for the Park Department for three seven-month years. He pointed out the liability increases each time there is another accident. He urged the Commission to affirm the disciplinary action. Mr. Parmenter gave his closing statement. He stated the disciplinary action was inappropriate, that Mr. O'Neil had taken responsibility for his actions which were not intentional or negligent. He pointed out that Mr. O'Neil had been trying to follow the directions of his supervisor who had told him to get behind the vehicle without lights. He stated the incident was not a result of "ramming around town" and urged the Commission to change the disciplinary action to a written reprimand. The Commission went into closed session at 5:05 p.m for deliberation and called the hearing to order at 5:10 p.m. It was the unanimous decision of the Civil Service Commission to affirm the Park Department disciplinary action of a three-day suspension without pay of Mr. Douglas O'Neil. With no futher business the meeting was adjourned at 5:15 p.m. Cheryl Huddleston Recording Clerk