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Minutes Civil Service 8 8 07CIVIL SERVICE COMMISSION Government Body: Civil Service Commission Date: Wednesday, August 8, 2007 (Reschedule from Friday, July 27, 2007) Place of Meeting: City Hall Annex -Conference Room II Present: Commissioners Merle Duehr, Loras Kluesner Also Present: Personnel Manager Randy Peck, Fire Chief Dan Brown, Dave Beaves, Randy Rick, Wayne Dow, Mark Ludescher, Mike McMahon, Tom Ready 1. Approve Minutes of July 5, 2007 Kluesner moved to approve the minutes of July 5, 2007. Seconded by Duehr. Motion carried 2-0. 2. Communication from David Beaves, Dubuque Professional Fire Fighters Local 353, Regarding Conflict of Interest Dave Beaves stated that the Dubuque Professional Fire Fighters Association was requesting the Civil Service Commission hire an individual counsel to provide an opinion as to whether vacancies which became effective on July 1, 2007 should be made from the promotional list that expired on July 7, 2007. Duehr commented that his concern was that if a list is certified for two years, does the City have the right to not fill vacancies until the list has expired in order to certify a new list. He stated this question has been discussed with regard to other Civil Service positions in the City. Kluesner stated that he concern with obtaining a second opinion was that if the opinion differed from the City Attorney's, how the Commission would determine which opinion was right. He questioned whether the Commission had the authority to request a Declaratory Judgment regarding the issue and if that request needed to come from the City Attorney. Personnel Manager Randy Peck stated that the Association could request a ruling also and he questioned whether the promotional examinations should be postponed. The Commission agreed that the promotionals examinations should be scheduled as requested. Duehr moved to receive and file the communications from Dave Beaves and the City Attorney and to request an opinion from City Attorney Barry Lindahl regarding whether the Commission had the authority to request a declaratory judgment on the issue of promotions. Seconded by Kluesner. Motion carried 2- 0. 3. Opinion from City Attorney Barry Lindahl Regarding Fire Promotional List and Conflict of Interest This agenda item was discussed with Agenda Item #2. 4. Establish Passing Point and Certify List for Position of Laboratory Technician The Commission questioned the complexity of the examination. Kluesner moved to receive and file the communications and to establish the passing point for the position of Laboratory Technician at 37 and above correct answers. Seconded by Duehr. Motion passed 2-0. Duehr moved to certify the list as read. Seconded by Kluesner. Motion carried 2-0. 5. Request to Schedule Promotional Examination for the Position of Equipment Operator I Kluesner moved to receive and file the communication and to schedule a promotional examination for the position of Equipment Operator I with the exam being open to all current City employees and that the list be good for two years. He further moved that the application deadline be 5:00 p.m., August 20, 2007 with the examination being held on August 27, 2007 at 6:30 p.m. at a place to be determined. Seconded by Duehr. Motion carried 2-0. 6. Request to Schedule Entrance Examination for the Position of Public Safety Dispatcher Duehr moved to receive and file the communication and to schedule an entrance examination for the position of Public Safety Dispatcher with the exam being limited to current City employees and that the list be good for two years. He further that the application deadline be 5:00 p.m. on August 17, 2007 and the examination scheduled for August 21, 2007 at 6:30 p.m. at a place to be determined. 7. Request to Schedule Entrance Examination for the Position of Water Pollution Control Plant Operator Duehr moved to receive and file the communication and to schedule an entrance examination for the position of Water Pollution Control Plant Operator, that the exam be open to current City employees and the general public and that the list be good for two years. He further that the application deadline be 5:00 p.m. on August 24, 2007 and the examination scheduled for September 6, 2007 at 6:30 p.m. at a place to be determined. 8. Request to Schedule Promotional Examination for the Position of Landfill Foreman Duehr moved to receive and file the communication and to schedule a promotional examination for the position of Landfill Operator with the exam being limited to current City employees and that the list be good for two years. He further that the application deadline be 5:00 p.m. on September 14, 2007 and the examination scheduled for September 27, 2007 at 6:30 p.m. at a place to be determined. 9. Request to Schedule Fire Department Promotional Examinations Chief Brown explained that the changes to the Rules and Regulations for Promotional Exams for the positions of Captain and Assistant Fire Chief. He recommended that the position of Medical Officer with five years in-grade be eligible to test for the position of Captain and that the positions Assistant Fire Marshal and EMS Supervisor with five years in-grade be eligible to test for the position of Assistant Fire Chief. Dave Beaves, Dubuque Professional Firefighter's Association, stated that the membership felt strongly that on-line command is a large part of the Assistant Fire Chief position and the Assistant Fire Marshal and EMS Supervisor would not have this experience. Assistant Fire Marshal Mike McMahan, Fire Marshal Mark Ludescher, EMS Supervisor Wayne Dow, and Assistant Chief Randy Rick -Training Officer spoke in support of the proposed changes. Kluesner moved to accept the changes to the Rules and Regulations for Promotional Examinations as proposed by Fire Chief Dan Brown and to use McCann Associates for the tests. Seconded by Duehr. Motion carried 2-0. Duehr moved that the application deadline for all examinations be es#ablished as August 24, 2007 at Noon and that the examinations be scheduled by Chief Brown for the week of September 17, 2007 at a place to be determined. Seconded by Kluesner. Motion passed 7-0. There being no further business, upon motion meeting adjourned at 11:07 a.m. Approved at meeting of Chairperson