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.
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Chairperson Dennis Sivak Vice- Chairpvson Ron Johnston
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Commissioner �arc�l Zuvela