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HomeMy WebLinkAbout1973-06-16 Civil Service Commission June 16, 1973 CALL TO ORDER Mr. Hyde called the meeting of the Civil Service Commission to order at 8:00 A. M. in the Euless City Hall Conference Room. Members present were Mr. James McKinney and Mr. Ivan Gregory (Mr. Gregory arrived at 10:00 A. M.) Also present was City Attorney. Bob McFarland. VISITORS Visitor present was Mrs. Willie Mae McCormick. INVOCATION The invocation was given by Mr. James McKinney. APPROVAL OF MINUTES Minutes of the May 26, 1973 and June 2, 1973 meetings were discussed with a correction as follows: (Minutes dated May 26, 1973, Item I "Report on Assignments by City Manager) (Page 3) "He commented that if the City Manager wants the help of the Commission in writing the Rules and Regulations, that they are at his disposal subsequent to completion of present task." Mr. McKinney moved to approve the minutes of May 26, 1973, with correction, and minutes of June 2, 1973, as written. Mr. Hyde seconded the motion and the vote is as follows: Ayes: Messrs. McKinney and Hyde Nays: None Chairman Hyde declared the motion carried. CITY ATTORNEY'S REPORT Mr. McFarland submitted written reports as follows: AMENDMENTS TO THE TEXAS WORKMEN'S COMPENSATION ACT (Page Two, Regular Me( ng Civil Service Commission, J ; 16, 1973) The recently adjourned 63rd Legislature enacted amendatory legislation of considerable effect to the existing Texas Workmen's Compensation Act. The Act, Senate Bill 219, has been signed by the Governor and will become effective, generally, on September 1 , 1973. Of import to Texas municipalities is the extension, for the first time, of the Act's requirements to them. The Act, as amended, requires all political subdivisions of the State, including municipalities, to extend Workmen's Compensation benefits to their employees, either as self-insurers, under Workmen's Compensation insurance policies, or pursuant to inter-local agreements with other political subdivisions providing for same by way of self-insurance. Though the Act itself is somewhat complex, it primarily requires benefits to employees who have sustained injuries within the course and scope of their employment. The benefits to which an injured employee is entitled are all medical expenses with free choice of physician by the injured worker and salary compensation equal to 66-2/3rds per cent (66-2/3%) of the employee's average weekly wage during the period he is disabled from pursuing his employment. The weekly wage entitlement as of the effective date of the Act is a maximum of $63.00 and a minimum of $15.00. Commencing on September 1 , 1974, these figures increase to a maximum of $70.00 per week and a minimum of $16.00 per week. Death benefits are also provided in the event of loss of life resulting from such accident or injury, in favor of the surviving spouse and minor children. There is additional provision in the Act, as amended, for periodic increases in the maximum and minimum amounts of benefits based on increases in the average weekly wage for manufacturing employees in the State. Unless death results from the injury or accident, benefits are limited to a total of 401 weeks. If death results, the amended Act provides that benefits will continue on a life-time basis until the spouse of the deceased employee remarries, in which event she would receive a two-year lump sum payment, and for the children, until they attain eighteen (18) years, or twenty-five (25) if they are attending a fully accredited educational institution. The above obviously provides a considerable increase in benefits for municipal employees which, most likely, you will be wanting to take into account in establishing additional or other benefits for the employees. Basically, this means Workman's Compensation will be mandatory for the City. AMENDMENTS TO THE TEXAS OPEN MEETINGS LAW The existing Texas Open Meetings law has been radically revised by the 63rd Legislature. The amendments, however, do not become effective until January 1 , 1974. The City Attorney's Office of the City of Euless will , prior to such time, provide both this Commission and other affected parties compre- hensive breakdown of the Act's new provisions. SUGGESTED PROCEDURES FOR DETERMINATION OF GRIEVANCES BY EMPLOYEES Considerable latitude is available to the Commission in establishing rules and regulations for the conduct of hearings concerning grievances and (Page Three, Regular M Inc' Civil Service Commission, ale 16, 1973) appeals by employees. The Courts will undoubtedly entertain jurisdiction to review those procedures established by you toward the end of assuring that they provide adequate "due process" and "equal protection" for the employees affected. These judicial concepts basically embody the requirement of non- discrimination, fair and impartial determinations and adequate opportunity to be heard with proper time allottedfor preparation and presentation. We would suggest, therefore, that your procedures incorporate the following suggestions which I am presenting to you in outline form: 1) Procedure for initiation of complaint - If a time limit is established within which an employee must file his complaint to obtain review of administrative action, the time period must be such so as to allow the employee an opportunity to a) fully understand and comprehend the final action taken by supervisory officials, b) review and evaluate the alternatives available to him for review of that decision and c) adequately prepare and take the necessary steps to actually file his complaint for review. Requirements that such application for review be made in writing, within a reasonable time period following the final action of the supervisory personnel of which he complains, that it be sworn to and filed with a particular party in required form and fashion would ordinarily not be deemed repressive. 2) Notice and opportunity for review of reply evidencing the position of the City on such Complaint - Ordinarily the complaining party will be entitled to have access to the reply of the City in support of its action of which the employee complains. This provision ordinarily would en- compass a requirement that the City's reply to the complaint of the employee be in writing and be furnished to him or his representative at the time it is filed with the Commission. If oral arguments in support of the position of the respective parties are not later allowed, the employee should then be afforded a reasonable period of time in which to make reply to the City's response to his complaint. If such is the procedure, the time limit for such reply must not be an unduly burdensome one. 3) Final Hearing and determination - As long as the Commission's final hearing and determination process is equitable and non-discriminatory, it will probably be held a proper one. It can be made in closed session or public. The only criteria is that it be impartially conducted. In other words, it would be unfair to have City officials present unless the aggrieved employee or his representative could also be present. Likewise, an equal opportunity for presentation of position must be made to both sides, if such is allowed at the determination hearing. Also, if presentation of cases either orally or by appearance at the hearing is allowed, adequate notice must be afforded both parties for preparation. (Page Four, Regular Me `nq Civil Service Commission, e 16, 1973) 4) Appeal from determination of the Commission - If appeal from determination of the Commission is to be allowed, the appellate process, as the initial grievance process, must be such that it provide adequate protection for both parties from the standpoint of impartiality, proper notice and that it not be unduly burdensome. A procedure similar to that for the initial grievance presentation to the Commission would be suggested. LIMITATION OF CIVIL SERVICE COMMISSION AUTHORITY The authority of the Euless Civil Service Commission is limited in two (2) respects--first, by way of their enabling legislation which is the Ordinance of the Euless City Council establishing the Commission; secondly, their authority is limited by the fact that their enabling legislation requires the approval of the Euless City Council of the Civil Service System to be established by the Commission. By the latter, for example, the City Council , in reviewing the System established by the Commission, could perhaps be of the opinion that the Commission, in a particular area, gave to itself authority or power in excess of that the Council might desire to delegate. In such event, the Council could limit or curtail that grant of power as they so determined. Initially, however, the Commission's authority in establishing a suggested Civil Service System is limited only by their enabling Ordinance. The enabling Ordinance establishes, both specifically in many instances, and by outline form in others, the existing scope and authority of the Commission. As the Commission progresses in its task of establishing a Civil Service System for the City of Euless, we will continually review its progress toward the end of keeping the Commission advised as to those areas wherein their proposals might conflict with their enabling legislation. II . REPORT PENDING ON EXISTING BENEFITS AND DEPARTMENTAL RULES AND REGULATIONS Mr. Hyde stated that the report of existing benefits, and statement concerning the desire to have the Commission assist in preparing Departmental Rules/Regulations subject to completion, are still to be given consideration pending a report from the City Manager. III . SUMMARY OF RULES AND REGULATIONS Mr. Hyde stated that the continued review of Summary of Rules and Regulations will be tabled at this time. IV. BRIEFING ON PROGRESS OF REVIEW OF BENEFITS Mr. McKinney briefed the Commission on existing benefits and stated that a review of salaries cannot be reported until a report is submitted on job classifications and organizational charts. Mr. Gregory arrived at this point and was (Page Five, Regular Me inq Civil Service Commission, ,e 16, 1973) also assigned to work on benefits and to locate examinations to submit for consideration. V. REPORT ON PROGRESS IN PREPARATION OF APPENDIX I Mr. Hyde reported on the progress and preparation of Appendix I , stating that he is changing the format to some extent. VI . REPORT ON GRIEVANCE Chairman Hyde stated that the Commission has received a grievance report from a City employee. He commented that the Commission will advise the employee, in writing, that if his appeal cannot be resolved by the Department Head and/or the City Manager, the Commission will schedule a hearing. VII . JULY 7, 1973 MEETING Mr. Hyde made the announcement that the next meeting of the Civil Service Commission will be July 7, 1973 at 8:00 A.M. VIII . ADJOURNMENT Mr. Gregory moved to adjourn the meeting. Mr. McKinney seconded the motion and the vote is as follows: Ayes: Messrs. Gregory, McKinney and Hyde Nays: None The meeting adjourned at 11 :30 A. M. APPROVED: Chairman ATTEST: G�f�s .e/0.C-21/ City Secretary