Minutes Civil Service Commission 12 14 04
CIVIL SERVICE COMMISSION
Date: Tuesday, December 14,2004
Time: 3:00 p.m.
Place of Meeting: City Hall - Conference Room A
Present: Merle Duehr, Loras Kluesner, Richard Wertzberger
Also Present: Attorney Bill Blum, Human Rights Director Kelly Larson, Personnel
Manager Randy Peck, Michael Clancy, Patty Clancy
1. Approval of Minutes of October 13, 2004
Duehr moved to approve the minutes of October 13, 2004. Seconded by Kluesner.
Motion carried 3-0.
2. Election of Chairperson
Kluesner moved that Duehr be named Chairperson of the Commission for the next year.
Seconded by Wertzberger. Motion carried 3-0.
3. Establish Passing Point and Certify List for the Position of Sanitation Driver
Wertzberger moved that the passing point for the Sanitation Driver position be 71 and
above. Seconded by Kluesner. Motion carried 3-0.
Wertzberger moved to certify the list for Sanitation Driver as read and that Raymond
Behnke, Brian Cortez and Randy Ludowitz be added to the certified list as requested by
the employees. Seconded by Duehr. Motion carried 3-0.
4. Communication Regarding Entrance Examination for the Position of Traffic
Signal Technician II
Duehr moved to receive and file the communication regarding Entrance Examination for
the position of Traffic Signal Technician II and approve the requested latitude to
establish the deadlines for the test as requested by Personnel Director Randy Peck.
Seconded by Wertzberger. Motion carried 3-0.
5. Request to Schedule Promotional Examination for Lead Applications/Network
Analyst Position
Kluesner moved to receive and file the communication and to schedule a promotional
examination for the position of Lead Applications/Network Analyst with the exam being
open to all City employees, that the test be a questionnaire style examination, and the
list be good for two years, with the format to be the same as for past IT positions with
the Information Services Manager and one other person scoring the tests, and the
deadlines needed to request the test and complete the test be as the Personnel
Manager decides. Seconded by Wertzberger. Motion carried 3-0.
6. Request of Michael K. Clancy to Address the Commission Regarding ADA
Accommodation
Mr. Clancy spoke requesting that the Commission look at an accommodation for a full
time position for him. Mr. Clancy was a sanitation worker and was injured while on the
job, first with a herniated disc from getting on and off the truck, and that injury leading to
a hip replacement. He has since taken a part time position at the Parking Ramp and has
had no benefits since August 2004. He would like to go back to full time with
accommodations. He is not receiving Worker's Comp right now. The City has denied
his request for reasonable accommodations.
Also, can the Commission make a ruling that he can bypass the Civil Service test on a
particular job?
Attorney Bill Blum spoke stating he had met with Attorney Barry Lindahl and Human
Rights Director Kelly Larson. Blum stated he agreed with Clancy on much of his history
with the City. He stated Clancy was working light duty at the time of the hip
replacement and everyone hoped he would get better enough to go back to his full time
position, which did not happen.
Discussion ensued with Blum and the Commission citing Section 2-186 ofthe Code of
Iowa, which states that an exam shall be required of all applicants. The Commission
has no jurisdiction to waive taking the examination. They can accommodate the time
frame during the day or evening to take the test, but do not have the authority to waive
taking the test. Kluesner stated that the Civil Service law is archaic and they as
Commissioners empathize with many who come before them.
Clancy stated that in a September, 2003 meeting it was stated that they "will try our
darndest to place you in a position." Blum clarified that statement by stating that if
someone was disabled we would make every effort to make reasonable
accommodations. But union contracts are involved here and individuals can't just
transfer.
Clancy reiterated his request and asked for an accommodation within the job, as it is a
two-person job.
Wertzberger moved that the information be received and forwarded to Corporation
Counsel Barry Lindahl to have him give his opinion as to what jurisdiction the City has.
Seconded by Kluesner. Motion carried 3-0.
7. Adjourn
Kluesner moved to adjourn. Seconded by Wertzberger. Motion carried 3-0. The
meeting adjourned at 3:32 P.M.
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Merle Duehr, Chairperson
Civil Service Commission
Approved