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HomeMy WebLinkAbout061324 Civil Service Commission Meeting Packet0 i M O X N N O O Q 0) O M N 0 O c0 , o c ca� � U Q E O • � U) O U O N .� a+ LO N C N .L O .a ri LO m Q a) •=c� O L r i� O cu �,� �� V Q N C O C� ca ,� C,4 o �- O Q1 U 0-0 Q O � N v m c m N _0 O O N N Q O N co L O O 2 2 Q Q Q Q N c O Z W O c m — = = > > > .: i` Id Civil Service Commission Meeting Minutes Date: May 9, 2024 Scheduled Time: 4:15 p.m. Location: City Council Chambers Members Present: Troy Surber, Darryl Elmore, Richard Sussman (virtual) Staff Present: Director of People & Performance Cynthia Shaffer (Chief Examiner) and HR Generalist Amber Long (Acting Secretary). Topic Motions/Recommendation/Action Call to Order The meeting was called to order at 4:18 p.m. Approval of the Agenda Unanimously approved Approval of Minutes The minutes of April 11, 2024 were unanimously approved. Public Comment None Entry Level Hiring List The Commission unanimously approved the entry level hiring list as presented. Evaluation of Interim Hiring Process for The Commission unanimously approved to establish a permanent hiring process Academy -Certified Applicants for Academy -certified applicants as outlined in the May 30, 2023 memo, to incorporate this process into the next update of the Civil Service Rules, and to establish a permanent hiring eligibility list for Academy -certified candidates. Update to Civil Service Application Amber Long explained that HR does not need to know a Civil Service applicant's driver's license number, as a motor vehicle records check is done by a third -party background investigator and the license number must be manually redacted from interview packets for non -City employee interview panelists. The Commission unanimously approved an update to the Civil Service Application to remove the line where candidate's fill in their driver's license number. Next regular meeting June 13, 2024 Adjournment The meeting was adjourned at 4:28 p.m. Civil Service Commission Minutes — May 9, 2024 Page 1 of 2 fE z 0 3 c >, N 3 0 N E to U to O +r _O En d E N Q. co U) L a) E (u (n N U to n C y 0) to u N d 0 0 O co co (o r N >- co L fn > U p_ O ��• c a) C co = N to U E m� Qp O O p E 0 C N Q O X C O Q �% C 'y p t1 O C 0- CL LJJ (o U y N to U— E N U C cn L co .. .0 E— R O O E a� 0 a) co .X C d ° E — Q- mj to 0) O t E ,� v >, a) p N E LO cn U C U U U O C '� C> N 3 C a _0 O U� d m C 0 E s U a) . C6 to p O E� R .� y L d O CO �~ a) L U +� C C t6 O L cB U L U a) O+ cC w r + _ E co _ O +�' �O C O J M 0) 0)N N N O C U O �' a) CDE ° L O 1 0 0 o �� O se U)C a) E a) _ >' UMXOW O F O = .0 �L p tno oa U j N W O-0 a) o d co c6 U o- a) Y N N OL = V I U p �� U •L S ZZ a) inc> L f6 C O to �� 0 4-Q w 4)= ., O O.NUS Q .0—�N�r �� co > ���� .QV d Co C14(o (6 d N N a) _ O O d O c>a d vj > C J C S G1 c C C C Q O U J a- .. �. >,� E u a) O co v —U m O °Ewe co C = O y L •y O s? C p U O Q- E i c to CO a) U io W a) CLto -0 E a) co s= �� .2 t0 w d s s w =3.L 0 E �j Y a) 3 H O a . . . U) p N w O a -0 0 < 0LL m a0im H�E H Q L ++ 0 LM ow 0 0 fE z m E o O V +�•+ C) O o_ O c O = O m m " o E C N -0cu U a) i U O7 0 O a) �_ O O U O' a) O z }' N C mG 3 a) U _ (n acr y/ Q L O W •cm �..� •_ > .. C O "-' O Q O a) (� *' O V U N C6 co m X a) 2 _0� O O) V L Q a) NZ; a) •i E a Q V O w Q U .r_ r L •� cv U i L �' O V O Q i 0 O 3 O O o U v o O o QO X O W C 0- a) p U) a) cv (n `� U ns N v d _O 0 O � 3 +, E m U `�— T) a) O QQ.� EZ 0 J cv = v cC O Cr U y�� •o •� o � +- c�a � cNo U o a) 0 o �_ N o o W 21 ._E ON •V C .V a O (Dm >%.= O QO _ a >, U O O s 4 a)•� W C E V U U Q m •� (II (D !Ea) •� � M a Qi a _ � cn -C U a L -0O CB a) U v7 O a) a) +� c O a) a) >+ O) y L CU co O O • t W c0 U m C Q� � � 0 C � a) (6 (n U a) � H O ao�w am o� a) m c6� ��(no a) ac O._ o o�LLO �a ���C �-E �� Civil Service Commission Minutes — May 9, 2024 Page 2 of 2 C .\v,1111"I .Se�11111111v\ ���\otes /rese0i !/ / kdO/I / � � c 2 Byri /}SIB / , uuuuull ulllllll L I i c uuuull Overvie P�',��, IIII ��� IIII IIII ��i����� �'������� ��� �� ������1�] �I���'�������I'��.i�� IIIIead oi i °L I llll������ ll��e " �°°� s� lIIII °tiIIII"��iI . ll � RCW 4 ,56M0 _ PUbliic Records Act: The people of this state do not yield their sovereignty to the a enc not give their, public servants the right to decide what is"good for tI The people insist: on rernaining informed so that they may mai tali chapter shalll be liiberally construed and its exernptions narrowly co public interest wiill be fully protected, "flhee III)III!'t is "a sW:uii-oiripllly oiii°ded ui mauii.mdate for broad di clo re .c coinceur°uisiuiied the conduct of government on every that serve'the'rm, rhne people, in delle rating aut:h )eople to know and what; is not. Tfoir them )ntrol over the instruments that they have crew ued to promote this public policy and to assure records" to eiresure "full access to t II RiC20,L T!..I #2 Cha.p.er.42.56 S c,timn t7 5.010 la�.�iirTTt it ('010 42,Sp500 .................................. R''CW 42.56.010 IDefinitions. The definitions in this section apply throughout this chapter unless the context clearly req,ruures otherwise. Pint Versicin I;hlu�ehi v,";B�Pe. yen es�ra✓wW; (1) Agency"' Includes all state agencies and all Vocal agencies. "State agency"' includes every state office, department, division, bureau, board; conmmiission, or otherstate agency. "Local agency" Includes every county, city, town, municipal corporation, quash-imunicipal corporation, or special purpose district, or any office, department, division, (bureau, board, commission, or agency thereof, or other local public agency. (2) Person in interest" means the Iperson who its the subject of a record or any representative designated) by that person, except that iif that person is under a legal) disability, "'person in iinterest" means and iincludes the parent or duly appointed Ilegal l representative. (3) "Public record" includes any writing containing information relating to tW of government or the performance of any governmental or proprietary func prepared, owned, used, or retained by any state or local agency regardles physical form or characteristics. For the office of the secretary of the senate and the office of the chief clerk o representatives, public records means legislative records as defined in RCW 1,10. !!J.n 00 and also means the following: All budget and f personnel leave, travel, and payroll records; records of legislative sessions; reports submitted to the legislature; and any other record d record by any official action of the senate or the house of representatives. (41) "Writing" means handwirlting, typewriting, printing, photostatiing, photographing, and every other- means of recording any form of communication or relpresentati©n iiumc:luding, but not hmitedl to; letters, words pictures, sounids, or symbols, or combination thereof; and all papers, miaps, magnetic or paper tapes, photographic films and prints, motion picture film and video recordings, miagnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existiing data compulatiions from which information may Ibe obtained or translated. I i 1 lac I � ry ; 0 6 Records don't just look like this an um Iluuuuul im�iom� uuuu � Nissen ® , 2016. Text and emails on personal devices_ cell phones!- that relate to City business are public records. Highly - HIGHLY - encourage Board members to not text or email from personal accounts or phones regarding City business. so that the City can retain Only use for "transitory" messages May be asked to sign a declaration describing search on personal device �Illllliii Searches • An agency must conduct an adequate search for responsive ✓ Consider all formats (paper, electronic, etc.) ✓ Consider records of current staff/officials, former staff/ contractors/consultants if potentially responsive. Consider possible locations (e.g., file cabinets, agency we audio files, etc.) The search should be reasonably calculated to uncover respons An inadequate search is "comparable" to umu Ies W��)e�n uuumumuluumm "mm i umuuupll gat, uu u Cantu Ms. Cantu's request specifically asked for emails of incident r where her daughter was the victim of threats. The technology director did not use the word "threat" in for responsive records. Court of Appeals found this to be inadequate, and specifically s it should be an aggravating factor in assessing penalties. School District settled the case for $365,000.00 • Records are presumed open If a record, or part of a record, is withheld from the p agency must cite to an "exemption" in law and give a b explanation. Exemptions are narrowly construed. • The general rule is that the agency withholds only the ex information, and releases the rest. o Exemptions must be authorized in law - in the Public Rec :)r other laws. RCW 42.56.050, RCW 42.56.210 - .510, RCW 42.56.550 0 • There is no general "privacy" exemption in the PRA. If privacy is an express element . is invaded only if the disclosure 1. of another exemptio "Highly offensive to the reasonable person" 2. "Not of legitimate concern to the public." RC 42.56.050 3enerally, the right to privacy under the PRA applies only to the intimate details )ersonal and private life. Martin v. Riverside School Dist. No. 416, 180 Wn. App. 3d 911, published at 179 Wn. App. 1018 (2014) (case in which court found teacf iot have a right to privacy when teacher admitted to consensual sex with a fffform student.) %11 ul« «'� W JP:m+" ,;4 ✓^ 00P ka 4 I ,..ram I),, am m„t . ll fdrw %KrIi« «✓ w w a „W fo+° c,«rWrWru;�m�qu wr fig" rmuiW%r, !,ijr.w.;rmr a,,am«+, r+r,n • Personal information maintained in files for employees, appointees, or officials of any public agency to the extent that disclosure would viola privacy • Attorney -client privileged information • Applications for public employment including names, resumes, and other r information Credit and debit card numbers, electronic check numbers, and card expi Test questions, scoring keys, and other examination data used to administ employment examination Records relevant to a controversy to which the entity is a party but which be available to another party under pre-trial court discovery rules ("work p Open active intelligence and investigative records compiled by law enforc agencies umi uuuuuuuuuuuum ............... uuuuuuuuuuuum uuoo�r uu Any person who prevails against an agency in any action in th, courts seeking the right to inspect or copy any public record it e right to receive! response to ! public recordrequest reasonable amount of time shall be awarded all costs, includin reasonable attorneV fees, incurred in connection with such legi action. In addition, ! be within the discretion of e court award such person an amount not to exceed one hundred dollar for each dav that he or she was denied the riaht to insr)ect or cor) said public record. uuuuuu occurs whena quorum 4�/}/ « / ¥\ uuuuuuumuuuuu I p � u i���C ui^ puuuuuoipll um uuuuuu uuu uumooll u^ IVVi�, uu il�, uuu If a majority of the members of the governing body takes "act behalf ! r agency 4, email * other electronic r means, would constitute a meeting under the OPMA. "The basic requirements r are the pr r;,r, of a majority o the i e d and 11; collective intent o transact official r liq be participating ! exchange at the same time, because !r !, r • Ill when a majority r !, • eventually . r1...... Quorum seeking... A: "if a quorum of a legislativ( such as the City Council, collect commits or promises to each of vote —as a group —in favor of or opposition to a piece of pending legislation at a future public mE then such a commitment may b evidence that a majority of the attended a "meeting" with the collective intent to take an "ac- violation of the OPMA." Egan v. City of Seattle, (2020). Civil Service: a quorum is 2. .......... n d e . 0 0 Passive receipt ! apermissible, but discussio constituteissues by any means by a majority of the governing body o . meeting. Unless for informational purposes only, r all or a majority of the governing body, and don't use "re all" when the recipients are aR or a majority of the mem'. the governing body. If Iimajority rmembers rr r governing body takes "action" through * series r phone calls voice mail exchanges, I..«r that would constitute meeting. New Division 3 case: Zink v. City of Mes Il��uiuu . Zink brought action against city, mayor, cit members, county, and sheriff, alleging viol Right to the Open Public Meetings Act (OPMA) in con with her request to video record city council Record meeting, among other claims. Meetings "The video recording was not inherently disru Ms. Zink was prohibited from making a record simply because at least some members of thie council did not wish to be on video." "We interpret the OPMA as prohibiting goverhi bodies from restricting audio or video recordi condition precedent to attending a public met uuum�' uuumull uIIV uu� a uulull IIVUVIVppVl luuumm um mumuuul, uull pupum� $500 persona[ fine for first violation Up to $1000 fine for any subsequentviolation Attorneys fees and plaintiff Actionsmotions,at a � S 1 S mfe C o ���7n " s a, ��n dmuuuumuum � ° III uuu i uuu uuu ""It m uuuuu um uuuu � uumup i ��;) o ��n I� .um�^ uuu uuuu �u uuu uuu uuuulluluw IluuVuuVV uuu II of umu IIII Civil service seeks to curb political favoritism and remove the coercive pressures that once caused public employees to contribute money and time to partisan political candidates, to the detriment of the work for which they were paid. Civil service state laws help assure that law enforcement officers are recruited through open competition, hired and promoted based on merit, and demoted, suspended, removed from office, or discharged only for cause. uuuu � C`ll'll III IIIII " """ ""IIIII IIIIII IIIII� " IIIIIts Civil service is required for police by chapter 41.12 RCW. Required to meet at least monthly. Il��uu The civil service commission's duties include the following: Making rules for operation of the civil service system that are consistent with state law; Hearing and determining appeals or complaints; Providing for, developing, and holding competitive tests to determine relative qualifications of candidates and, result of the testing process, prepare eligibility lists; as and Certifying to the appointing authority the name (or names) of the individual(s) ranked highest on the eligibility list. C"ivil S.e�,,-v,ice ����Rote &nd ty The Secretary and Chief Examiner: Keeps the commission's records and preserves its reports; Supervises and keeps records of all examinations; and Performs other duties as requested by the commission. C'i�v'il�L'i, IIIIIIimu,mom IIII IIIII o.iZ ouuuuluouuum IIII�����wwiwuu�� ��� o ��� I ���"�Illuwi� uu uuuuuu u"' 000000 11 o w w go If a position in classified civil service becomes vacant ( a new position is added, the appointing authority (City Manager) must request the Civil Service Commission fc the names and addresses of those eligible for appointment. Civil Service Rules 8 and 9 C'i�v'il�[`i' IIIIIIimu,mom IIII IIIII o.iZ ouuuuluouuum IIII�����"""'wuu�' "o "' I "'"�Illuwi� uu uuuuuu u"' 000000 11 o �uu . If there is discipline, an employee can appeal the discipline to the Civil Service Commission. The hearing is confided to the determination of whether the employment action (removal, suspension, etc.) was "for just cause." hum. See Civil Service Rules 10 and 12 �uu . Each of the three civil service statutes sets out grounds for discharge, as well as reductions or deprivation of privilege, which include: Incompetency, inefficiency, or inattention to or dereliction of duty; Dishonesty, intemperance, immoral conduct, insubordination, discourteous treatment of the public or a fellow employee, or any other act of omission or commission tending to injure the public service; or any other willful failure o Mental or physical unfitness for the position which the employee holds; Dishonest, disgraceful, immoral or prejudicial conduct; n Drunkenness or use of intoxicating liquors, narcotics, or any other habit forming drug, liquid or preparation to such extent the use interferes with the efficiency or mental or physical fitness of the employee, or which precludes the employee from properly performing the functions and duties of any position under civil service; Conviction of a felony, or a misdemeanor, involving moral turpitude; Any other act or failure to act which in the judgment of the civil service commissioners is sufficient to show the offender to be an unsuitable and unfit person to be employed in the public service.