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Minutes 09-18-96 MINUTES OF THE JOINT WORKSHOP MEETING OF THE CITY COMMISSION AND THE CIVIL SERVICE BOARD, HELD IN THE PROGRAM ROOM OF THE LIBRARY, BOYNTON BEACH, FLORIDA, ON WEDNESDAY, SEPTEMBER 18, 1996 AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Shirley Jaskiewicz, Vice Mayor Matthew Bradley, Commissioner Jamie Titcomb, Commissioner Civil Service Board Members: Ralph Marchese, Chairman Dale Hatch, Vice Chairman Denys Flahedy Nadine Frakes Stephen Frazier Audrey Hollien, Alternate Eddie Mitchell, Alternate Carrie Parker, City Manager James Cherof, City Attorney Sue Kruse, City Clerk A. CALL TO ORDER - Mayor Jerry Taylor Ralph Marchese, Chairman MayOr Taylor called the meeting to order at 6:35 p.m., and announced that Commissioner Tillman might not be able to attend tonight's meeting. B. . ROLL CALL OFATTENDEES Mayer Taylor asked everyone in the room to introduce himself/herself. atten tees listed, members of the press were present. May( progl Servi giver DISCUSSION ITEM: In addition to the The City Commission has been discussing various paths to follow in the future with regard to the Civil Service System and our employees. The City Commission, prior to taking any action on this subject, would like to hear the views of the Civil Service Board members as to any thoughts they may have regarding the present Civil Service System in the City. r Taylor believes it is prudent for any organization to examine its policies, procedures and ams to see if it is operating in the most efficient way. The City has been under the Civil :e System for many years. Many cities have either given up Civil Service totally, or have up portions of that system. Some of the cities have removed management from Civil Se~ice. The City of Boynton Beach is one of the few cities in South Florida that continues to operate under Civil Service. There have been discussions about whether or not to abolish that System here. At the very least, Mayor Taylor realizes that some of the operating policies need JOINT WORKSHOP MEETING MINUTES CITY COMMISSION & CIVIL SERVICE BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1996 to be brought up to date. Mayor Taylor explained that before the City Commission takes any action on this item, they would like input from the Civil Service Board. Vice Mayor Jaskiewicz said the only other city in South Florida that operates in the same way we do under Civil Service is Hialeah. All of the other cities have either eliminated Civil Service in total or in part. In addition, the City of Boynton Beach has four different unions whereby those employees have recourse through the union grievance procedure. Many of Vice Mayor Jaskiewicz' concerns are the result of one incident that had disastrous consequences. Ms. Flaherty reported that she was one of the Civil Service Board members who was asked to work on the Finizio case. At the time, the three members involved knew that they did not have the option to promote Mr. Finizio. They had been members of the Civil Service Board for a long enough period of time so that they knew their limitations. The members felt Mr. Finizio was being punished. The intent of the recommendation was to return Mr. Finizio to the job he was contracted to do for the City, and put him back on the boards he was a member of. Ms. Flaherty advised that they made records of everything. At that time, Mr. Finizio was Assistant to the Deputy Engineer. She also is not aware of how Raymond Rea translated that recommendation into what eventually happened. Vice Mayor Jaskiewicz advised that she attended Commission meetings when Mr. Fasano discussed this issue. There were three conditions of the recommendation and they are reflected in the meeting minutes. One of the conditions reflects Mr. Finizio's promotion. Not everyone on the board agreed with the recommendation. Vice Mayor Jaskiewicz said she was upset with the recommendation because the department supervisors were not interviewed by the committee. The hearing was one sided. Ms. Flaherty advised that the committee was told they could only review the documents that were written to make a recommendation to the board. The only reason they were asked by Raymond Rea to do this was because there was no grievance board in place at the time for Mr. Finizi0 to appeal to. Mayor Taylor feels there were mistakes made on ail sides. He pointed out that there is a school of thought that when employees go into management positions, they should be removed from Civil Service. In such a position, an employee must make the grade everyday or find another job. in Boynton Beach, everyone, with the exception of the City Manager, is under Civil Service. Vice Mayor Jaskiewicz reported that she has read the Civil Service Rules and Regulations and learned that all promoted employees are on probation for a six-month period, and then for three- month intervals. When the Civil Service Board recommended that Mr. Finizio be promoted, he was given permanent status. Commissioner Bradley feels the reason the City found itself in a predicament with Mr. Finizio is because the decision was not appealed by the City. He does not feel the Civil Service Board should be blamed for either the settlement or the predicament the City found itself in. However, JOINT WORKSHOP MEETING MINUTES CITY COMMISSION & CIVIL SERVICE BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1996 he does feel that a decision of this magnitude should be made by a professional arbitrator. The citizens should not be burdened with this responsibility. This is the direction in which Commissioner Bradley would like to move forward. In Mn Hatch's opinion, the City Manager and the employees immediately under the City Manager should be removed from Civil Service. Civil Service should be for everyone else. In reviewing all of the material that was made available to the participants of this meeting, everyone is covered under some type of system. Upper management people should be removed from the System so that if they are not performing, the City Manager can terminate them. Mr. Hatch does not believe that a decision of that magnitude should be brought before any board for review. However, the remaining employees need someone to represent them. Mr. Hatch reported that he sat on a case which involved union representation. It did not matter that there was union representation because the employee was a sorry individual. The employee was terminated. Vice Mayor Jaskiewicz pointed out that in DeIray Beach, only the general employees are now in the Civil Service System. Their police and fire employees are members of the union and not covered under Civil Service. City Manager Parker explained that union members have the option of having a union arbitrator listen to their case rather than Civil Service. She pointed out that the Civil Service Board has not heard police termination cases in approximately 10 years because they choose to go to an arbitrator. Mr. Sugerman added that all employees may use the Civil Service route. Union members have the added option of using the union grievance procedure which leads to an arbitrator. In defense of the Civil Service Board, Mr. Frazier advised that when someone comes before the Board, if the City has prepared the case properly, there will be only one choice to make. Mayor Taylor remarked that Mr. Frazier's remarks are true in a perfect world; however, because of the manner in which the members are put on the board, things are not perfect. Some of the members are elected by the employees, others are appointed by the Commissioners, and the remaining members are board appointed. It should not matter how the members were selected. The members should be able to be objective. However, a member who is selected by the employees might feel the need to fight for the employees, while a member who is selected by the COmmission might feel an allegiance to the City. The design of the board creates a conflict. Ms. Holiien pointed out that the same situation exists when Commissioners are elected to serve the City. The areas the Commissioners come from tend to get more attention than other areas. This is something that happens in politics. There will always be people with bias. Ms. Hollien believes that many of the past Commission problems have been because of undue influence by the people who voted for them. Vice Mayor Jaskiewicz feels this is definitely one of the reasons why an outside arbitrator might be needed in some cases. After getting to know City employees, she would have a very difficult JOINT WORKSHOP MEETING MINUTES CITY COMMISSION & CIVIL SERVICE BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1996 time making an objective decision. She realized that it is just human nature for everyone to be influenced to some degree. Ms. Flaherty advised that the Civil Service Handbook was produced in 1985. During the time when the Finizio case was being reviewed, there was agreement among the members of the Civil Service Board that the time had come to revisit the rule book. That has not yet happened. Ms. Flaherty raised this issue because management personnel gave of their time every Monday or Tuesday afternoon for two years to work on this product. To date, nothing has happened. Ms. Flaherty has asked about this rewrite several times. Because there are so many old rules, the employees have lost faith in the System. She feels this is a brand new day, and the most effective thing that can be accomplished by the joint group is to begin the revision of these rules. Any other changes that might be made to the System would probably have to go to a referendum. Ms. Flaherty said she would support removing management from the Civil Service System. Mr. Frazier pointed out that hiring an arbitrator will cost the City money and, therefore, this will have;to become a budget item if such a decision is made. In response to Vice Mayor Jaskiewicz' question regarding a PBA member who felt he/she was overlooked for promotion, City Manager Parker explained that that person would have the option of using the City's grievance procedure which ends at the Civil Service Board, or going through the union grievance procedure which ends with an independent arbitrator. Mr. Sugerman said there are two sets of rules for all union employees -- the Civil Service rules which the City is bound by, and the union contract which the City is bound by for those employees in that unit. The City has to follow both sets of rules. If the PBA determines that the City has violated one of its rules, the employee has grievance rights. The employee can grieve either set of rules. They cannot grieve a union contract provision under Civil Service, but they can grieve a Civil Servi~::e provision through the union grievance process. They can also grieve a union contractual provision through the union grievance process. There are conflicts from time to time. In those cases, the employee chooses the most advantageous route. Based on this information, Commissioner Bradley feels that if data was provided with regard to the npmber of grievances where union members went through the union process as opposed to CiVil Service, it might reveal an indication of the employees' preference. City Manager Parker advised that the number is 100 to 1. Only clerical workers, mid-level managers and professional staff have recourse under Civil Service. We rarely have poor performance problems in this group that cannot be solved amicably between management and the employees. However, we have two to three grievances each week from the police, fire and blue-C:ollar union workers. There are some weeks when staff conducts a grievance hearing everyday. Of those hearings, 50% are not solved at that level, and proceed to arb tration. Most c~besi~n the State of Florida have pohce and fire unions. N~nety percent of the c~t~es do net have Civil Service. Many of police and fire employees belong to the State-wide union organization which has conferences every year where they meet with the PBA of Boca Raton, West Palm and 4 JOINT WORKSHOP MEETING MINUTES CITY COMMISSION & CIVIL SERVICE BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1996 Delray. This is a social situation as well as an employment situation. They are very geared to the union procedure. The same comparison cannot be made for the general employees who are under Civil Service. Mayor Taylor pointed out that if the City decides to do away with Civil Service, something must take its place to provide the employees with the benefits and rights that currently exist. It might be beneficial to look at what other communities have done to see how drastic a change might be. Another option would be to grandfather into the System the people who have been in the System for a number of years. Mayor Taylor feels the City has a commitment to the employees who have been working under this set of rules. However, it might be possible to remove management from Civil Service, and all new hires could come in under a new program. Mayor Taylor suggested contacting other communities to see why they changed their systems of operation. Ms. Hollien asked if there was any data available with regard to how many other cities operated under Civil Service and changed it. She pointed out that many of the cities that do not have Civil Service may not have ever had Civil Service in the past. City Manager Parker said that question was not asked of the cities. Commissioner Titcomb said he has always believed that, in private employment, when people are doing their jobs, they deserve good compensation and benefits so that they enjoy their jobs and are happy. On the other hand, he also believes the Commission should seriously investigate removing management level people from Civil Service protection. He is of the belief that people get up to a level, and by assuming the duties and responsibilities of those levels, they Show an intelligence that is necessary to carry out their functions. Many times, people use systems like this to protect poor performance, problems or political situations. When people get to that level, if they are responsible and doing their work, they should not hide behind a protective system. The rank and file workers of the City need to be protected because they can be pawns. The Civil Service System may not be the evil system we think it is. There were obvious mistakes made in the past that landed on the name Civil Service. It bothers Commissioner Titcomb to hear that some employees have the choice of two protection systems. The City should look at negotiating the issue of having union members operate under the contract and dissuade Civil Service. Everyone who works for the City has recourse in the courts if there is truly a case of wrongdoing. It is necessary to streamline and simplify the system. The management level is an area that should be looked at to determine whether this level deserves to be blindly protected, or whether the duties and responsibilities of carrying out the job is the yardstick by which they are measured. In the private sector, this is how management level peoPle operate. If they do not do a good job, they look for another job. While Commissioner Titcomb does not know if the Civil Service plan is the best system, remarks have come forward indicating that perhaps only a rewrite of the rules is necessary to update them and bring them into compliance with ADA rules and legislation that has been passed in the past ten years. The answer could be as simple as rewriting and fine tuning those rules and finding a different system for City management. 5 JOINT WORKSHOP MEETING MINUTES CITY COMMISSION & CIVIL SERVICE BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1996 Mr. Sugerman clarified that union members cannot use both Civil Service and union arbitration. City Manager Parker added that 99% of the time, the union members choose the union procedure. Department directors have only the Civil Service procedure. Vice Mayor Jaskiewicz believes Delray Beach changed its system in 1985. They kept Civil Service for their general employees, but eliminated all others. Mr. Hatch suggested investigating the archives to find the rewrite of the Civil Service book when Bill Sullivan was employed at the City. He explained that at almost every board meeting, something was brought to the members to get their feedback. Ms. Flaherty said this rewrite is in Mr. Sugerman's computer. She further added that she knows an employee who has every single note that was taken during those meetings. That information is not lost. City Manager Parker advised that the rewrite is available. When she became City Manager, Mr. Miller had sent out final draft copies and scheduled it on the City Commission agenda for approval. When she read the draft, she found that the employees had eroded the management rights that are available at this point. She decided to pull that copy until further review could take place. During the last two years, staff has not had an opportunity to go through these rules and make changes. Mr. Sugerman advised that he met with the employees on this issue. The employees said the document City Manager Parker is referring to is not the document that the employee group created. No one knows where the document they worked on is now located. City Manager Parker said the rules that were ready to go to the Commission were pulled because it was not something she could recommend. Ms. Flaherty said five employees told her (one member of each unit) that there was never a final meeting to review the final copy of the rewrite that would be submitted to the Civil Service Board for review. The Civil Service Board members were of the opinion that after they offered their input, the package would be submitted to the Commission. Those final meetings never occurred, and the employees have been disturbed about that situation. Mr. Sugerman reiterated that the document which was a City Commission agenda item was not the document the employees worked on. No one knows the location of that document. Mr. Marchese advised that the best thing that can be done by the City is to find an organization that specializes in recommendations where legal problems are the major concern. There are things that can be done. He urged the Commissioners to authorize a study by an independent unit, and that the recommendations of that unit be followed. If updated rules are put in place, and the supervisors follow those rules, this job will be easier, less expensive for the City, and most beneficial to the employees and citizens of the City. Mr. Frazier pointed out to the Commissioners that the Civil Service Board enforces the rules contained in the Civil Service book. They do not set policy or make changes. 6 JOINT WORKSHOP MEETING MINUTES CITY COMMISSION & CIVIL SERVICE BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1996 In response to Commissioner Titcomb's question regarding the types of firms that specialize in this specific area, Attorney Cherof advised that there are many different firms that specialize in labor relations. If the Commission is interested in studies, there are many types of studies which provide different points of view depending on who performs the study. In his experience in representing other cities and having addressed these issues, Attorney Cherof does not believe it is always a good solution to ask someone from the outside to come in and do "collective dirty work". At times, the Commissioners are the best people to make those decisions. If the Commission is interested in a study, Attorney Cheref recommends that they contact another city that has concluded such a study and obtain a copy from them since it would be public record. Some of the areas of concern have been identified. Attorney Cherof recalls attending some of the meetings that took place with the employees. He saw the document that was being reworked, but there were competing documents being prepared. The members prepared one document. The City Manager would fine tune it, and the legal department would add to it. At any given time, there were three or four different versions of the document. Attorney Cherof does: not know the origin of the document that was pulled together for submission to the Commission; however, there were provisions in that document that were illegal. At present, the City has an old set of rules that require revision. Even the definitions are not applicable. The rules were not written for Boynton Beach. They were obviously taken from other cities. Some of the rules speak of concepts that do not exist, and have never existed, in the City of Boynton Beach. City Manager Parker advised that some of the pages in the Delray Beach and Boca Raton books were carbon copy pages of the information contained in our Civil Service Handbook. Attorney Cherof advised that it is important to find the balance to protect the rights of the employees that do not have the power, influence, experience, education, or tenure to protect themselves. There are other employees, by nature of their professional experience, time with the City, and responsibilities, do not need that same level of protection. Over the last ten years, the courts have not been reluctant to protect them; therefore, they have recourse in the courts. The rights of the employees who need to be protected must be balanced against management's obligCtion and right to manage. Lately, management's ability to manage has been greatly inhibited because of these rules. Attorney Cherof pointed out that the City has managers who are trained to perform this function. Mr. Marchese suggests finding a group of professionals that are not afraid to stand up and be counted. Ultimately, the Commission has the responsibility of either supporting the recommendation or denying it. Vice Mayor Jaskiewicz referred back to the Finizio case. She explained that several of the Civil ServiCe Board members interpreted the rules contained in the booklet in one way, while other interpreted them differently. It does not matter how many rules are put in the book. Everyone will have a different interpretation, and that interpretation had an big impact in the Finizio case. Mr. Marchese agreed that the current Civil Service Handbook "speaks so many tongues that it is pathetic". Although the book may never be clear and concise, the actions can be consistent. JOINT WORKSHOP MEETING MINUTES CITY COMMISSION & CIVIL SERVICE BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1996 Vice Mayor Jaskiewicz pointed out that the union contracts are very clear and concise. Mr. Marchese suggested following a similar pattern. Mayor Taylor summarized that there was agreement that something must be done about the rules. That needs to be done from a legal standpoint so that the rules are as clear as they can possibly be. That will be the starting point. The City Commission can then decide who will be covered under those rules. At present, all employees are covered under Civil Service with the exception of the City Manager. If that changes, a referendum would be necessary. City Manager Parker advised that the City Commission could decide to have new hires be covered by a different set of rules. Attorney Cherof agreed that the City could hire only people who contractually agree to be subject to different rules. Attorney Cherof advised that there are new sets of Civil Service rules being written and refined all the time by organizations. He recommends that the City of Boynton Beach begin with one of those sets of rules rather than trying to rework our current set of archaic rules. Mr, Sugerman said he will be attending the International Personnel Management Association Annual Conference next month, There are sessions scheduled that cover this issue. He will bring back compact disks and diskettes on this subject. Commissioner Titcomb also added that similar services were offered by the Florida League and the Florida Institute of Government during the Florida League of Cities Convention. He recommended contacting them. Ms. Flaherty reminded everyone present that regardless of the set of rules we have, there has been a sad lack of communications with the employees. City Manager Parker's recommendation at a previous meeting to place an item about Civil Service in the employee newsletter is very important. That suggestion should be followed through. D. ADJOURNMENT Mayor Taylor thanked the members of the Civil Service Board for taking the time to meet with the Commissioners on this issue. There being no further business to come before the City Commission, the meeting properly adjourned at 7:30 p.m. JOINT WORKSHOP MEETING MINUTES CITY COMMISSION & CIVIL SERVICE BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1996 ATTEST: ~.~//~J ~ Cit~31erk CITY OF BOYNTON BEACH Mayor ~ Commissioner ~.P~cording Secretary (Two Tapes) Co/pa/missioner iii. CONSENT AGENDA ~d: Rec. Fin., Util. w CITY CITY OF BOYNTON BEACH COMMISSION AGENDA APPROVALOFBILLS SEPTEMBER17,1996 FLORIDA LEAGUE OF CITIES ............................. $15,627.00 Insurance Premiums/Bonds, Boiler & Machinery Pay From Self Ins Fund -- 622-195-5-449-00, $11,201.00 622-195-5-445-00, $4,426.00 LAKE WORTH HERALD PRESS ........................... $11,777.00 PO #10899. Funfare Printing Pay From Gen Fund - 001-721-5-472-00 LAWSON, NOBLE & WEBB, INC ........................... $11,759.10 PO #11132. Hester Park Expansion Project Original Contract $ 20,100.00 Change Orders 0.00 Payments To Date 1,118.40 Current Payment 11,759.10 Contract Balance 7,222.50 Pay From Federal Grant Fund -- 105-721-5-463-02 MUNICIPAL SERVICES GROUP ........................... $ 39,013.26 PO #8827. Vehicles/Equipment Pay From Veh Serv Fund - 501-193-5-688-00 NEW HOLLAND NORTH AMERICA INC ..................... $ 32,811.00 PO #11646. Backhoe/Equipment Pay From Veh Service Fund -- 501-193-5-688-00 P.B.C. SOLID WASTE AUTHORITY ......................... $ 92,286.15 PO #10416.8/96 Landfill Use/Street Sweeper Pay From Sanitation Fund -- 431-341-5-490-01, $91,348.15 Pay From Gen Fund -- 001-411-5-490-01, $938.00 10. SCRWTD BOARD ...................................... $149,862.31 8/96 Wastewater Trtmt & Disp Charges Pay From Water & Sewer Rev Fund -- 401-353-5-490-09 STANDARD & POOR'S ................................... $14,000.00 Analytical Services Pay From Water & Sewer Rev Fund -- 401-000-560-10 SULLIVAN BROTHERS INC ............................... $ 25,000.43 PO #12179. Upgrade Project/Roiling Green Original Contract Change Orders Payments To Date Current Payment Contract Balance $58,550.00 0.00 0.00 25,OO0.43 33,549.57 Pay From Public Tax Cons Fund -- 301-722-5-630-25 WENGER CORPORATION ................................ $ 30,992.00 PO #12141. Portable Stage Pay From Federal Grant Fund -- 105-721-5-643-03, $30,000.00 Pay From Recreation Spec Fund -- 472-721-5-642-00, $ 992.00 SEP l? /?~ APY~,~/AL THESE BILLS HAVE BEEN APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. DIANE REESE, FINANCE DIRECTOR I THEREFORE RECOMMEND PAYMENT OF THESE BILLS. CARRIE PARKER, CITY MANAGER COMMISSION SEP 17 /~'~ APPRuVAL