Minutes Civil Service Commission 9 2 05
CIVIL SERVICE COMMISSION
Date: Friday, September 2,2005
Time: 9:00 a.m.
Place of Meeting: City Hall - Conference Room A
Present: Chairperson Merle Duehr, Commissioner Loras Kluesner, Cornmissioner Dick
Wertzberger
Also Present: Personnel Manager Randy Peck, Public Works Director Don Vogt,
Street/Sewer Maintenance Supervisor John Klosterman, Dave Baker, Mark Neyens,
Randy Ludowitz, Ron Gulyash
1. Approval of Minutes of August 18, 2005
Wertzberger moved to approve the minutes of August 18, 2005 as written.
Seconded by Kluesner, passed unanimously.
2. Establish Passing Point for the Position of Engineering Technician
Wertzberger moved to establish the passing point for the position of Engineering
Technician at 77 (70%) and above correct answers as recommended. Kluesner
noted that only two people would pass with this score and questioned whether it
should be lowered to 71 (65%) and above correct answers. Wertzberger
amended his motion to establish the passing point at 71 and above correct
answers. Seconded by Kluesner, passed unanimously. Wertzberger moved to
certify the list as read. Seconded by Kluesner, passed unanimously.
3. Hearing on the Appeal of Mark Neyens
Chairperson Duehr swore in Personnel Manager Randy Peck, Public Works
Director Don Vogt, Street/Sewer Maintenance Supervisor John Klosterman,
Dave Baker, and Mark Neyens.
John Klosterman testified that he received a phone call from the City Manager at
approximately 1 :30 p.m. on June 24, 2005 that he had observed City employee
Mark Neyens using a City vehicle for personal business at the demolition site
across from City Hall. When he questioned Mr. Neyens about the incident he
admitted that he was at the site of Green Auto Supply to retrieve a Hawkeye
pegboard. Mr. Neyens stated he had permission from the company (Tschiggfrie)
who was doing the demolition to remove the board. Klosterman stated he sent a
memo to Public Works Director recounting the situation.
Don Vogt testified that he received the memo and discussed the situation with
Neyens' supervisor, Elmer Heacock, regarding what disciplinary action should be
taken. Personnel Manager Randy Peck had suggested to two to three day
suspension and because of Mr. Neyens' good work record, a two-day
suspension without pay was decided on.
Dave Baker presented Employee Exhibit #1 - a disciplinary letter sent to Kevin
Grace in 1992 for using a City vehicle to stop in the middle of the street to
purchase corn from Finzel's market. He questioned why Mark was receiving a
two-day suspension and Kevin Grace received a written disciplinary notice and
no suspension.
Personnel Manager Randy Peck testified that he was involved in the decision of
a two-day suspension. He stated that he had reviewed the facts - that there was
no dispute that Mr. Neyens used a City vehicle during his City-paid work break to
drive to Green Auto Supply, entered a building under demolition which was
marked "do not enter", and retrieved an item which he put in the City vehicle and
returned to work. He further stated that in the last five years there were three
instances where an employee had used a City vehicle for personal use that
resulted in two terminations and one three-day suspension.
Dave Baker testified that the facts were not disputed in this case but felt the two-
day suspension was in excess. He stated that in 1992 when Kevin Grace
received the written disciplinary notice that the union would not grieve it as they
felt it was an embarrassment to the City.
Mark Neyens testified that on the day in question he talked to Rod Tschiggfrie
who told him they were starting to demolish the Green Auto Supply building.
Mark received permission to enter the building to retrieve the Hawkeye
pegboard. He stated he left work in the City vehicle, picked up the board and
returned to work. He said he used the truck because he rides a bicycle to work
and admitted he used poor judgment, but that it was a "now or never" type of
situation.
The Commission discussed the situation and Chairperson Duehr stated they
could reaffirm or modify the suspension. Kluesner moved to modify the
suspension to one day based on Mr. Neyens' previous work record and longevity
with the City. Seconded by Wertzberger. Motion passed by the following vote:
Duehr - yes, Kluesner - yes, and Wertzberger - no.
There being no further business upon motion the meeting adjourned at 9:50 a.m.
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Chairperson
Approved at meeting of
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