HomeMy WebLinkAboutPersonnel Board - Minutes - 11/18/2003PERSONNEL BOARD MINUTES
November 18, 2003
12:00 P.M.
215 North Mason
Conference Room 2-D
Council Liaison: Ray Martinez, Mayor
Staff Liaison: Rick DeLaCastro, Human Resources Director
Board Chair: Peter Shostak
Board Members Present: James Alderden, James Lyall, Valerie Remington, Gail
Shellberg, Peter Shostak
City Staff Present: Rick DeLaCastro, Human Resources Director
Joan Busch, Admin Support Supervisor (Recorder)
Others Present: Ron Uthmann, Division Chief, Poudre Fire Authority
I. Call to Order
Chair Peter Shostak called the meeting to order at 12:05 p.m. All Board members were
present.
II. Approval of Minutes
The minutes from the September 30, 2003 meeting were reviewed. James Alderden
moved that the minutes be approved as written. Gail Shellberg seconded the motion.
Motion passed unanimously (5-0).
III. Review of Recent Employee Appeal
Members discussed the recent employee appeal hearing which was held in two sessions
on October 20 and November 15, 2003. Consensus from the Board was that a "loaned"
attorney didn't seem to work as well. The Board is accustomed to an attorney who
handles more of the process. James Alderden said that there is usually some sort of pre -
hearing conference between the attorneys so there's an agreement regarding stipulations
and that didn't happen this time. Peter Shostak said it would be helpful to have the
Board's attorney advise the Chair when it is appropriate to "move on." Rick DeLaCastro
asked if the Board would prefer to have Mr. Martell serve as their attorney for future
employee appeal hearings. The Board agreed that Mr. Martell was knowledgeable,
helpful and responsive to their questions. James Alderden said that consistency helps and
the last attorney really wasn't that familiar with the City's process.
Regarding documentation presented at the appeal, James Alderden suggested that the
documents speak for themselves rather than have testimony on the documents. Peter
Shostak said that additional exhibits should not be allowed once the hearing started. Gail
Shellberg said there may be exceptions, but there should be control over the introduction
of documents after the date has past for submittal.
Personnel Board Minutes
November 18, 2003
Page 2 of 3
IV. Budget Update
Rick DeLaCastro advised that the second reading of the City's 2004/2005 Budget is
tonight. There are still some funding issues including employee benefit costs. Peter
Shostak commented again on the need for a fully functioning employee education
program to include training in the administration of personnel policies and procedures.
V. 2004 Work Plan
A draft of the Board's 2004 Work Plan was distributed. After review and discussion,
James Alderden moved to accept the 2004 Work Plan. Gail Shellberg seconded. Motion
passed 5-0. Joan Busch will format the final document and forward to the City Clerk's
office by the deadline date of November 30.
VI. Other Business
Upcoming Appeals: Rick DeLaCastro said that there doesn't appear to be any employee
appeals coming up for the next couple of months.
Retirement: Rick announced that this is Gail Shellberg's last meeting on the Personnel
Board due to term limitations. Rick presented Gail with a gift of appreciation for his eight
years of service to the Board from the City and Ron Uthmann, presented a gift from
Poudre Fire Authority. Peter Shostak thanked Gail for his dedication and service to the
Board.
VII. Executive Session
James Alderden moved that the Board go into Executive Session as authorized by City
Code Section 2-31 (a) (1) and (2), for the purpose of considering a personnel matter
regarding the dismissal and appeal hearing requested by a City employee and for the
purpose of meeting in which particular policies, practices, or regulations of the City may
be affected by existing laws. Valerie Remington seconded the motion. Motion passed 4-
0 with one abstention. As James Lyall was not present at the employee appeal hearing, he
asked to be recused from the executive session. The executive session began at 12:35
p.m.
VIIL Open Meeting
The Board reconvened into an open meeting at 1:10 p.m. Peter Shostak reported that
based on the deliberation of the Board, regarding the terminated employee's appeal, a
recommendation will be made to the City Manager from three Board members that the
employee be reinstated with certain requirements. Those in favor of reinstating the
employee are: Peter Shostak, Valerie Remington and James Alderden. Gail Shellberg
voted against reinstatement stating that he was in favor of upholding the termination.
Rick DeLaCastro said that the Board's draft of their finding will be given to the Board's
attorney so he can prepare the document for their signatures. After each Board member
has signed the document it will be forwarded to the City Manager.
Personnel Board Minutes
November 18, 2003
Page 3 of 3
IX. Adjourn
There being no further business, Peter Shostak announced the meeting adjourned at 1:30
p.m.
Approved:
Pe er Shostak, Chair