HomeMy WebLinkAboutPersonnel Board - Minutes - 05/08/2002PERSONNEL BOARD MINUTES
May S, 2002
1:00 P.M.
215 North Mason
Conference Room 2-A
Council Liaison: Ray Martinez, Mayor
Staff Liaison: Rick DeLaCastro, Human Resources Director
Board Chair: Valerie Remington
Board Members Present: Jim Alderden, James Lyall, Gail Shellberg, Valerie
Remington, Peter Shostak,
City Staff Present: Rick DeLaCastro, Human Resources Director
Wynette Cerciello, Assistant Human Resources Director
Joan Busch, Admin Support Supervisor (Recorder)
Others Present: Dennis Harrison, Police Chief
Christine Morris, Emergency Dispatch Supervisor
Greg Tempel, Assistant City Attorney
James Martell, Attorney
Marc Colin, Attorney (by conference call)
Agenda
• Personnel Policies Revision
• Discussion with James Martell, attorney for the Personnel Board to explain
procedures of pending employee appeal.
• Set a date for employee appeal before the Personnel Board
• Other Business
I. Call to Order
Chair Valerie Remington called the meeting to order at 1:10 p.m.
James Lyall, newest Board member introduced himself. James works at Colorado State
University. He replaces Chuck Washington who resigned in January.
II. Personnel Policies Revision
Rick DeLaCastro, Human Resources Director, distributed copies of an update to the
City's Personnel Policies and Procedures Manual.
Personnel Board Minutes
May 8, 2002
Page 2 of 3
III. Employee Appeal Procedures
James Martell explained that a Personnel Board Appeal Hearing is less formal than a
courtroom, but more formal than a City Council or County Commissioner meeting. The
Board acts as a hearing board and not technically a judge, but something in between. The
hearing gives the employee an opportunity to make their case before an independent body
and as a result minimize the litigation that some employers experience. The City
provides documentation in advance of the hearing to the Board. The hearing is an open
meeting unless at the request of the employee or the City, the Board determines by a two-
thirds vote of the quorum present, that the hearing should be held in executive session.
There are opening statements and a call of witnesses who are sworn under oath. Usually
the City proceeds first and explains why the action was taken. Then the employee's
attorney proceeds and cross examines the witnesses. The Board may ask questions. The
City may have a rebuttal.
The Board then deliberates and makes its decision. As the Board's attorney, Mr. Martell
drafts the findings and gives the document to the City Manager for his final
determination.
Mr. Martell then explained the concept of an executive session and that a Board may go
into executive session to discuss personnel matters if they pertain to a specific individual.
The executive session is tape recorded.
IV. Date for Employee Appeal
Rick advised the Board that the City's attorney and the employee's attorney reached an
agreement regarding production of documents. The next step is to determine a date for
the employee appeal hearing.
Jim Alderden stated for the record that he is familiar with the law firm representing the
employee.
Board members then discussed possible dates that they would be available for the
hearing. After this was determined, a telephone conference call was placed to Marc
Colin, attorney for the employee. After further discussion, Peter Shostak moved that the
employee appeal hearing be scheduled on July 16, 2002, which was previously set as the
regular meeting date of the Board. Gail Shellberg seconded.
Vote:
Yes — Shellberg, Shostak
No - Alderden, Remington
Abstaining — Lyall
The Board further discussed schedules and timeliness of the hearing. Peter Shostak then
moved that he restate his previous motion and that the hearing be scheduled on July 16,
2002. Gail Shellberg seconded and the motion passed unanimously (5-0). The hearing
Personnel Board Minutes
May 8, 2002
Page 3 of 3
will begin at 8:30 a.m. The Board is asked to be in attendance at 8 a.m. A location for
the hearing will be determined by Human Resources staff and the Board will be notified.
Peter Shostak moved that the Board's attorney, James Martell be approved to determine,
on the Board's behalf, which documents should be submitted to the Board regarding the
pending employee appeal hearing. Jim Alderden seconded and the motion passed
unanimously (5-0).
V. Other Business
Rick advised the Board that there are no pending agenda items for the May 21, 2002
scheduled Board meeting. Peter Shostak moved that the May 21 meeting of the
Personnel Board be cancelled. Jim Alderden seconded and the motion passed
unanimously (5-0).
VI. Adjourn
Peter Shostak moved that the meeting be adjourned. Jim Alderden seconded and the
motion was approved unanimously (5-0). Meeting was adjourned at 2:45 p.m.
Approved: �-ac& �l - ICteinc-t-�7L)
Valerie Remington, Chair