HomeMy WebLinkAboutPersonnel Board - Minutes - 03/23/2004PERSONNEL BOARD MINUTES
March 23, 2004
12:00 P.M.
215 North Mason
Community Room
Council Liaison: Ray Martinez, Mayor
Staff Liaison: Rick DeLaCastro, Human Resources Director
Board Chair: Valerie Remington
Board Members Present: James Alderden, Valerie Remington, Sidney Simonson
Board Members Absent: James Lyall, (excused) Peter Shostak, (excused)
City Staff Present: Rick DeLaCastro, Human Resources Director
Wynette Cerciello, Assistant Human Resources Director
Greg Tempel, Assistant City Attorney
Joan Busch, Admin Support Supervisor (Recorder)
Others Present: Ron Uthmann, Division Chief, Poudre Fire Authority
John Duval, City Attorney — City of Loveland
Call to Order
Chair Valerie Remington called the meeting to order at 12:05 p.m.
II. Quasi -Judicial Proceedings Training
John Duval, City Attorney for the City of Loveland presented a training session on
Quasi -Judicial Proceedings to the Board and also several employees from Poudre Fire
Authority and Larimer County. Employee appeal hearings are considered a quasi-
judicial process. Some of the main points of his presentation included the following:
• The Board acts as both judge and jury so it's important to be unbiased and
impartial.
• The role of the Board's chair is presiding officer and he stressed the importance
of keeping order and allowing only one person to speak at a time. This is
important in preserving the record of the hearing whether there is a court
reporter or the proceeding is taped.
• The City Manager should have as much information as possible to make his
decision. So the presiding officer should allow evidence and testimony if it
contributes to providing or supporting a relevant point.
• To speed up proceedings:
1. It is appropriate to limit repetitive testimony. Ask attorneys to limit
rebuttal evidence to "new issues" raised in the ,immediately preceding
testimony and evidence.
2. Encourage parties to agree and present to the Board prior to the
hearing a stipulated set of facts. This will allow the Board to forego
hearing and considering testimony, evidence and argument —the
Board can assume such facts are true.
3. Board members should wait until the end of the witness' testimony to
ask questions.
Personnel Board Minutes
March 23, 2004
Page 2 of 2
4. Forego opening statement by requiring both parties to submit written
position statements prior to the hearing.
5. Could also forego closing arguments by requiring parties to submit
written closing arguments or limit the time for closing arguments.
III. Approval of Minutes
The minutes from the January 20, 2004 meeting were reviewed. James Alderden
moved that the minutes be approved as written. Sidney Simonson seconded the
motion. Motion passed unanimously (3-0).
IV. Status of Potential Employee Appeals
Rick DeLaCastro reported that currently no employee is seeking an appeal before the
Board, however two employees are facing disciplinary action up to and including
termination.
V. Other Business
1. Rick DeLaCastro advised the Board that the timeline to implement a
performance management system has been shortened and at the City
Manager's request the deadline for implementation is August 1, 2004. Wynette
Cerciello, Assistant H.R. Director is the project leader and direction on the format
and process will come from Service Area Directors.
2. Rick DeLaCastro announced that seven organizations responded to the
benefits consultant Request for Proposal (RFP). The request is to have a
consultant to review the City's medical benefits plans and market survey
process. Interviews are scheduled for April 7. Two City Council Members; John
Fischbach, City Manager; Darin Atteberry, Assistant City Manager; and Rick
DeLaCastro Human Resources Director are on the selection committee. The
consultant's report is due back to the committee by July 30, 2004. The City
Manager will then be able to communicate any changes to employees in
preparation for open enrollment in October.
3. Greg Tempel, Assistant City Attorney asked the Board, as a follow up to the
earlier training presentation, if they would like to make a change to their
Personnel Board Hearing Procedures requesting that opening statements be
provided in written form. James Alderden responded that he preferred the
opening statements to be verbal. This was the general consensus of the other
members.
4. Rick DeLaCastro distributed copies of the "Conflict of Interest Disclosure
Statement "to be completed by a Board member should a conflict of interest
arise.
VI. Adjourn
There being no further business, James Alderden moved that the meeting be
adjourned. Sidney Simonson seconded. Motion passed unanimously (3-0). The
meeting adjourned at 1:30 p.m.
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Approved: vcvr �1�
Valerie Rerr r) ton, Chair