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HomeMy WebLinkAboutCivilService 2012-02-06 MinutesCity of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 48188 February 6, 2012 Jim Haggerton, Mayor The following commissioners attended the regularly scheduled meeting of the Tukwila Civil Service Commission: Dennis Sivak, Carol Zuvela, and Ron Johnston. Others in attendance were Police Chief Mike Villa, Fire Assistant Chief Chris Flores, Commander Dennis McOmber, Commander Eric Drever, Officer Todd Rossi, Transport Services Officer Darryl Barnes, Entry Level Police Officer applicant Michael Towbin, and Kim Gilman, HR Analyst. CALL TO ORDER 5.17 p.m. APPROVAL OF MINUTES FIRE DEPARTMENT BUSINESS President Sivak called the meeting to order. MOVED BY ZUVELA, SECONDED BY SIVAK THAT THE MINUTES OF THE TUKWILA CIVIL SERVICE COMMISSION MEETING HELD ON JANUARY 11, 2012, BE APPROVED. MOTION CARRIED. Staffing Update Assistant Chief Flores reported that the Fire Department is at full staff. There are no long -terrn disabilities. He stated that existing promotional lists for Battalion Chief and Captain have not yet expired, and there are currently no openings. POLICE DEPARTMENT BUSINESS Staffing Update Chief Villa reported that there are currently 3 police candidates in the background process (1 certified entry, and 2 laterals). The Department has 1 candidate in the Academy currently, and has tests and interviews scheduled within the next 30 days to fill existing vacancies in the Department. Officer Patrick Hisa, lateral, will be sworn in tonight. Bruce Linton will also be sworn in tonight as the Assistant Chief due to the reorganization of the Department. The reorganization resulted in 1 Assistant Chief position being eliminated and 1 Commander position being added to the Department (for a total of 4 Commander positions). There were no classification changes. Phone: 206- 433 -1800 City Hall Fax: 206- 433 -1833 Website: www.ci.tukwila.wa.us Eligibility lists for both lateral -entry (3 names) and entry level (15 names) were distributed for Commissioners' approval. The eligibility list resulted from recent Oral Boards (January 30 -31, 2012) where 11 names were added to the existing entry -level list. GENERAL BUSINESS Appeal Hearing: D. Barnes Darryl Barnes stated that he currently serves as the City's Transport Services Officer, and has been in his position for the past 6 months. He stated that he enjoys his current position, but that he is pursuing a greater goal of becoming a police officer. He quoted section VIII, paragraph 3 of the Tukwila Municipal Code that references assigning Veterans' Points in accordance with the Revised Code of Washington 41.04.007 and stated that his interpretation was that the 10 points should be applied to the written test so that he would be included in the list of top scorers asked to participate in the Oral Boards. He stated that the Commission will recognize this as a clerical oversight and make the appropriate adjustment to his written score. A copy of his appeal letter was submitted to those in attendance. Mr. Barnes then introduced Officer Todd Rossi and Commander Eric Drever that were there to speak as witnesses on his behalf. Officer Todd Rossi stated that he encouraged Mr. Barnes to come before the Civil Service Commission. He stated that Mr. Barnes has done a good job in his current position, and that he would be happy to work with him as a police officer. Commander Drever stated that his original intent in coming before the Commission tonight was to support Mr. Barnes, and that he can personally vouch for his character and personal integrity. He explained that the issue however is how Veterans' Points are applied for the testing process. He stated that the Tukwila Municipal Code confused him. He felt that it would be prudent for the Commission to review the process and evaluate the past practice of how Veterans' Points were assigned, and ensure that the practice is in compliance with the Tukwila Municipal Code and the Revised Code of Washington (RCW). He explained that the Commission may want to change how points are applied in the future. This would allow for others to re -test, especially Veterans. He concluded by stating that he does not feel that Tukwila's current practice meets the spirit of the RCW, and therefore he petitions to have a review done of practice of applying Veterans' Points. Kim Gilman, Civil Service Examiner, provided a statement explaining the City's current practice. The City has been working with Public Safety Testing since 2001 to conduct entry -level Police and Fire written and physical agility testing. As part of this contract, Candidate information for entry-level police, along with their written test scores, are sent to the City on a monthly basis. Oral boards are generally scheduled 1 -2 times per year, depending on the needs of the Police Department. For the last round of oral boards, the City compiled b months of test scores which resulted in a total of 118 candidate records. Records were then sorted according to test score, from highest to lowest. Mr. Barnes did test during this period, and his was record #79 according to his written test score. The City then invited the top 42 records to submit applications and be considered for the oral board process. Based on that invite, the City received a total of 27 applications. Of that, 20 candidates were scheduled for oral boards. The oral board is a scored component of the City's testing process and is worth 80% of the total score. The written exam is worth 20 Once the cumulative score is calculated, the Veterans' points are assigned based on whether the applicant is claiming 10% or 5% and has attached the proper documentation (DD 214). A copy of the City's Civil Service application packet, which includes a page for declaring Veterans' Points, was distributed to those in attendance. The City received a legal opinion from Stephen DiJulio, of Foster Pepper PLLC, stating that applying the Veterans' Points to the cumulative score, and not to one component of the score, is proper. A copy of the legal opinion was distributed to those in attendance. Ms. Gilman reported that the Cities of Kent, SeaTac, and Renton, along with King County, assign Veterans' Points in substantially the same way as Tukwila. The Commission asked if Mr. Barnes had anything further to add to the record. He responded that the City of Monroe applies Veterans' points to the written score. Ms. Gilman asked if Monroe has a scored oral board process, and he replied that the Oral Board is scored, but that Veterans' Points are not applied to it. Chief Villa stated that he has worked with Mr. Barnes and would love to see him test at Oral Boards and feels that he would do well. He explained further that he sat on the Chief's interview panel when Mr. Barnes applied to be a Transport Services Officer. Chief Villa stated that he is looking to the Civil Service Commission for direction on when Veterans' Points should be applied, and that he will be satisfied with either decision. President Sivak stated that the Commissioners will look at the regulations and determine how Veterans' Points are applied in the future. Appeal Hearing: M. Towbin Michael Towbin stated that he received a letter dated January 25, 2012 notifying him that the was removed from the City of Tukwila's eligibility list for entry -level police officers due to maturity and workplace record issues. He explained that he is currently working part-time for American Medical Response (AMR) and presented timesheets to document that he currently works approximately 80 hours over a 2 week period. Prior to working part-time, Mr. Towbin stated that he was employed full -time with AMR. He reported that he had called in sick when he wasn't so that he could test to become a police officer. He stated that his parents pay for his health insurance for him and his wife, and have done so since he went to working part-time. He explained that he can not work full -time for AMR and continue to apply, test, and participate in interviews to become a Police Officer. He stated that he feels he is caught in a Catch -22. Mr. Towbin provided reference letters to the Commissioners from his supervisor, a co- worker, and his Priest. He also submitted an abstract of an article that asserted that college educated police officers are more effective. Commander McOmber explained that he is the Commander over the Investigations Unit, and as such he oversees the process for backgrounds investigations on police officer candidates. He stated that the backgrounding process truly gives the Department a full picture of the candidate and helps them to determine whether the candidate is suitable for the work of a police officer. The first phase of the background process involves interviewing references, checking job history, and conducting a polygraph exam. Mr. Towbin's background file revealed that his job history began at age 22 and that he chose to work part-time recently. His overall work experience accounts for 1.5 years of full -time work. The file noted that AMR does not provide formal job evaluations. The file also lists volunteer experience, but that Mr. Towbin has not volunteered recently. Financial records revealed that Mr. Towbin's parents are currently paying a credit card balance of $5,500 for him. Commander McOmber explained that the financial information showing that his parents are still financially supporting him does not show direction or growth. Mr. Towbin had also called in sick 3 times during his employment with AMR when he was not sick. The Everett Police Department rejected this applicant for his pattern of calling in sick. Commander McOmber explained that integrity is very important to the Police Department, and that they want to make sure that candidates that they hire come in and work. Overall, Commander McOmber stated that the Department has concerns about the work history, growth, sense of direction, and personal responsibility of this candidate, and does not feel that he is a suitable hire for the Tukwila Police Department. The Commission asked if Mr. Towbin had anything further to include on the record. Mr. Towbin replied that he had not recently volunteered in the last 5 months, and had focused on his wedding plans instead. He explained that he worked full -time for 3 years, and only recently went part- time. He explained that he did not have a job in college because he was a full -time student majoring in Computer Engineering/Information Technology and an athlete, and that this schedule did not allow him to work. He concluded by saying that he had worked for AMR for the past 4 years, and was loyal to that company. ADJOURNMENT 5:48 pm MOVED BY ZUVELA, SECONDED BY JOHNSTON THAT THE REGULAR MEETING BE ADJOURNED, AND THAT THE COMMISSION WILL MOVE INTO EXECUTIVE SESSION TO DISCUSS THE APPEALS. MOTION CARRIED. 6:35 pm MOVED BY SIVAK, SECONDED BY JOHNSTON TO RETURN TO REGULAR SESSION AT 6:35 P.M. AND OFFER THE COMMISSON'S RULING ON THE PUBLIC RECORD. Regarding the Police Department's decision to remove Michael Towbin from the entry -level Police Officer eligibility list, the Commission finds that there was not adequate grounds for removing his name from the list. Therefore, Mr. Towbin's name was be placed back on the entry -level Police Officer list effective immediately. Commissioners were unanimous in their decision. The Commission affirms the City's current practice of Veterans' Points applied to the cumulative score. There is no action to apply to Mr. Bames written test score. The Commission recommends that Mr. Barnes re -test with Public Safety Testing. Commissioners were unanimous in their decision. 6.36 pm MOVED BY ZUVELA, SECONDED BY SIVAK THAT THE MEETING BE ADJOURNED. 1 4 it�� Chairperson Dennis Sivak Vice- Chairpvson Ron Johnston a V 4 d"11V Commissioner �arc�l Zuvela