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HomeMy WebLinkAboutIR 7330 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7330 To the Mayor and Members of the City Council November 1, 1988 f uwm Subject: Re of Civil Service Commissioner Purpose. This informal report will provide background information about the Texas Firefighters' and Police Officers' Civil Service Act, which is codified in Chapter 143. Municipal Civil Service, of the State of Texas Local Government Code. This report will focus on the appointment process for Civil Service Commissioners and the appeals process under the law. Appointment of Commissioners. Recently the City Manager submitted the name of Ms. Bettye S. Kitch to be reappointed to the Civil Service Commission for a second three-year Under the provisions of the Civil Service law: "The commission consists of three members appointed by the municipality's chief executive and confirmed by the governing body by the municipality. Members serve staggered three-year terms with the terms of one member expiring each year. If a vacancy occurs or if an appointee fails to qualify within 10 days after the date of appointment, the chief executive shall appoint a person to serve for the remainder of the unexpired term in the same manner as the original "A person appointed to the commission must: OFI` (1) be of good moral character. (2) be a United States citizen. (3) be a resident of the municipality who has resided in the municipality for more than three years. (4) be over 25 years of age; and (5) not have held a public office within the preceding three years." The current members of the Commission, their date of original appointment, and their term ending date are shown below: Appointed Term Ends C. Harold Brown 4/14/75 10/l/89 Oscar Stewart 12/18/79 10/l/90 Bettye S. Kitch 5/07/85 10/l/88 Mr. Brown, a white male, is an attorney. Mr. Stewart, black male, is the Chief of Police at Texas Christian University and a military retiree. Ms. Kitch, a white female, is an Appeals Process. The appeals process prior to the 1983 legislative session provided for the Civil Service Commission to hear appeals of officers temporarily suspended, 15 days and less, and indefinitely suspended. pw During the 1983 legislative session, there was an effort at Civil Service Reform. The Texas Municipal League established a Task Force to develop legislation that would provide certain reforms in the law. In order for those reforms to be considered, the task force ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No.- � 7330 op to* To the Mayor and Members of the City Council November 1, 1988 - Page 2 X Subject: Reappointment of Civil Service Commissioner 0073, had to negotiate compromise legislation with representatives from major employee groups in the State including the Texas State Association of Fire Fighters (TSAFF), the Texas Municipal Police Association (TMPA), and the Combined Law Enforcement Associations of Texas (CLEAT). The compromise legislation included provisions which allowed a civil service employee to appeal their suspension to the Civil Service Commission or to a third party hearing examiner or arbitrator to hear appeals. The police and fire unions/associations wanted this provision because they did not believe Civil Service Commissions were objective. A person who appeals to an arbitrator waives their right to appeal to District Court, except on the grounds that the arbitration panel was without jurisdiction or exceeded jurisdiction or that the order was procured by fraud, collusion, or other unlawful means. Appeals Since 1983 Legislation. Since 1983, the majority of temporary and indefinite suspensions appealed were appeals to a third party hearing examiner. Very few cases have been appealed to the Civil Service Commission. In return for this provision, cities were allowed more discretion in the appointment of persons classified immediately below the department head. Below is a chart which reflects the number of appeals heard by the Civil Service Commission and by a third-party hearing examiner- CSC H/E Police 12 24 Fire 1 0 The chart below shows the number of cases upholding the Chief and the number of cases overturning the Chief. CSC H/E Police Upheld Chief 8 9 O/T Chief 4 15 Fire Upheld Chief 1 0 O/T Chief 0 0 Smnwikry. The Fort Worth Police Officers Association/CLEAT oppose Ms. Kitch's reappointment because she is a labor attorney representing management. They also are opposed to Ms. Kitch because while representing other cities she has opposed CLEAT attorneys, who must plead their cliente cases before Ms. Kitch as a member of the Fort Worth ISSUED BY THE CITY MANAGER I FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7330 jo j?? To the Mayor and Members of the City Council November 1, 1988 - Page 3 Subject: Reappointment of Civil Service Commission 0672 Civil Service Commission. They question whether or not Ms. Kitch can be objective in hearing such cases. The City staff believes Ms. Kitch has demonstrated her objectivity and is emminently qualified and is very knowledgeable of the State Civil Service Law. Her knowledge of the law, her knowledge of the principles of administrative hearings, and her experience as a personnel practitioner make her an exceptional commissioner. Also, Ms. Kitch's occupation should not disqualify her from service; if she were to be disqualified because of her occupation, the City Council would be setting a precedent that could result in not appointing knowledgeable citizens to other boards and commissions because of their occupation. Although the Association contends it is advocating an independent commission, it appears they wish the City Manager to appoint an advocate for the police officers. We believe the persons appointed to the Commission should represent the public's interest and not those of the respective Chiefs or the police officers or firefighters. In closing, it is recommended that Ms. Kitch be reappointed. She is well-qualified. The existing Civil Service Commission has shown through their performance they are objective. And finally, It is important Ms. Kitch continue to serve to provide needed AvA continuity on the Commission. Based on previous City Council direction, Mr. Brown is serving his fourth and last term. Mr. Stewart is-completing his third full term.. Ms. Kitch, Mr. Shapard, and I will be available to answer your questions at the City Council Workshop on Tuesday, November 1. 11-W 01Iouglas Harman L-Cpity Manager DH:sm ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS