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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