Minutes Civil Service 7 31 01CIVIL SERVICE COMMISSION
Date: Tuesday, July 31, 2001
Time: 2:00 p.m.
Place of Meeting: City Hall - Conference Room A
Present: Chairperson Merle Duehr, Commissioner Loras Kiuesner, Commissioner Dick
Wertzberger
Also Present: Corporation Counsel Barry Lindahl, Personnel Manager Randy Peck,
Steve Juergens, Dennis Rath, John Rosenthal
Change to the Agenda: Upon motion by Commission Kluesner, a discussion as to how
Civil Service tests are scored was added as Agenda Item #3. Seconded by
Wertzberger, passed unanimously.
Approve Minutes of July 17, 2001
Commissioner Wertzberger moved to approve the minutes of July 17, 2001.
Seconded by Kluesner, passed unanimously.
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Discussion of Senior'rty Date of Dennis Rath
Chairperson Duehr asked Personnel Manager Randy Peck to present the City's
position on the issue. Mr. Peck reported that the Certificate of Service provided
to Mr. Rath represented his employment with the City - including part-time and
full-time. His was hired into his first full-time, Civil Service position, on March 8,
1993. Civil Service does not cover part-time positions, and therefore the
previous part-time positions Mr. Rath had held cannot be considered when
calculating Civil Service seniority. Mr. Peck further stated that the EEOC
settlement, which established Mr. Rath's full-time seniority status as March 1,
1992 is the City's seniority date, not the Civil Service seniority date. In response
to a question, Mr. Peck stated that part-time employees do not gain any Civil
Service seniority.
Chairperson Duehr asked Attorney Steve Juergens to present Mr. Rath's
position on the issue. Mr. Juergens explained that part of the EEOC settlement
that was reached between the City and Mr. Rath was that he had been
discriminated against due to age for a position he was qualified for.
Corporation Counsel Barry Lindahl stated his opinion in Civil Service cases is
determined by the Code of Iowa and this cannot be changed because of an
agreement.
Chairperson Duehr commented that the other issue is that Mr. Rath wants to
bump into a Laborer position in the Parking Division - a position he previously
held when the position was part-time, and not covered under Civil Service. Mr.
Juergens stated that the City has treated Mr. Rath as having full-time seniority
back to March 1, 1992 in every aspect - vacation, sick leave, etc.
Mr. Lindahl responded that two parties can agree that the City will treat an
employee as a full-time employee, but that cannot affect other employees (i.e.,
person currently in Laborer position Mr. Rath wishes to bump into).
Mr. Peck explained that a City employee could have various seniority dates -
one for employment with the City, one for Civil Service seniority, and/or one for
Union seniority.
After discussion, Chairperson Duehr stated that a motion to either grant Mr.
Rath's appeal or deny the appeal would be in order. Commissioner Kluesner
moved that Mr. Rath's seniority date with the City be established as Mamh 1,
1992, and that his Civil Service seniority date be established as March 8, 1993
on grounds that the position he held previously in the Parking Division (Laborer)
was part-time and not covered by Civil Service. Motion was seconded by
Wertzberger and passed unanimously.
Discussion of How Civil Service Teats are Scored
Personnel Manager Mr. Peck explained that all tests are blind scored and that
the goal is to get as large a list as possible. For a promotional examination, the
list is limited is ten and for an entrance examination the limit is forty. The
passing point for each test is based on how these numbers fall within the
number of persons taking the test and they try to look for a natural passing point.
He also commented that if a person insisted, the tests could be sent back to the
company we contract with to be rescanned.
There being no further business, Kluesner moved to adjoum. Seconded by
Wertzberger. Unanimously approved and meeting adjourned at 3:08 p.m.
C~ha~rperson ~/ v
Civil Service Commission
Approved at meeting of .