Minutes Civil Service 9 11 07CIVIL SERVICE COMMISSION
Government Body: Civil Service Commission
Date: Tuesday, September 11, 2007
Time: 10:30 a.m.
Place of Meeting: City Hall -Conference Room B
Present: Chairperson Merle Duehr, Commissioners Loras Kluesner and Paula
Gieseman
Also Present: Randy Peck, Police Chief Kim Wadding, Assistant Police Chief Teny
Tobin, Dave Beaves, Mike Burds, Attorney Michael J. Meloy
1. Approve Minutes of August 8, 2007
Motion by Kluesner to approve the August 8, 2007 minutes as submitted. Seconded by
Gieseman. Motion passed 3-0.
2. Elect Chairperson
Upon motion, Merle Duehr was elected Chairperson.
3. Establish Passing Point for Position of Police Corporal and Lieutenant
Gieseman moved to establish the passing point for the position of Police Corporal at
64°~ and for Police Lieutenant at 63°~. Seconded by Kluesner. Motion passed 3-0.
Chief Wadding stated that upon completion of the oral interviews, he would make a
recommendation to the Commission for the certified list.
4. Request of Mike Burds to Address the Commission Regarding Fire Department
Promotionals
Attorney Michael J. Meloy, representing Mike Burds and the Dubuque Professional
Firefighters Association, addressed the Commission regarding Fire Department
promotional lists. He distributed copies of the certified lists in effect on July 1, 2007
and gave the history of the March 2007 budget process in which three new positions
were created, to be effective July 1, 2007. He stated Fire Equipment Operator Mike
Burds had taken the written test for Lieutenant and Captain and was on the certified list
for both positions. He contended that both lists were valid and in effect on July 1,
2007, the date the new positions became effective, and therefore, promotions to the
new positions should be made from the certified list that was in effect on July 1 ~. He
stated that the Association is requesting that the Civil Service Commission pass a
motion directing the Fire Department to fill the three vacancies from the certified list in
effect on July 1, 2007. He commented that they were not asking that Mr. Burds be
automatically promoted, but that he be in the pool of candidates to be considered. He
further stated that the Commission certified the lists and the Department does not have
the authority to ignore that list and allow it to expire.
The Commission questioned why the Association waited until three days prior to the
date the lists were to expire before coming to the Commission or addressing their
concerns with the Fire Chief and why nothing had been done with regard to filling the
three new positions between March and July.
After further discussion, Mr. Meloy stated that arguments had been presented by both
sides and that a decision needed to be made by the Commission before the
Association could take the issue to the court system for a ruling.
Gieseman moved to direct the Fire Chief to use the certified list in effect on July 1,
2007 to fill the vacant Lieutenant and Captain positions. Seconded by Kluesner.
Motion passed 2-1, with Kluesner voting nay.
5. Establish Passing Point and Certify List for Position of Public Safety Dispatcher
Kluesner moved to receive and file the communications and to establish the passing
point for the position of Public Safety Dispatcher at 60 (75°~) and above correct
answers. Seconded by Gieseman. Motion carried 3-0. Motion by Gieseman to certify
the list as read. Seconded by Kluesner. Motion carried 3-0.
6. Establish Passing Point and Certify List for Position of Equipment Operator I
Motion by Kluesner to receive and file the communications and to establish the passing
point for the position of Equipment Operator I at 61 (72.2%) and above correct
answers. Seconded by Gieseman. Motion carried 3-0. Motion by Kluesner to certify
the list as read. Seconded by Gieseman. Motion carried 3-0.
There being no further business, upon motion meeting adjourned at 11:40 p.m.
Chairperson
Commissioners
Approved at meeting of