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(Comment: Patrolman Kilbane's added seniority points not affecting the score ranking); (3) <br />The assessment results not being released on 3/16 as prior procedures but held until 3/23 <br />which gave opportunities for score influencing; and (4) The lack of due care by Civil Service <br />Secretary Donna Rote not following procedures to be present at the fax machine to receive <br />the assessment results which resulted in Patrolman Plocica receiving the scores, transferring <br />them to Secretary Pam Chesar and then to Chief George Ruple before ultimately being in the <br />custody of the Civil Service Commission. Law Director Gareau explained when objections <br />with respect to the examinations occur there are areas in the handbook which identify how <br />the commission hears those protests. He noted they are not the subject matter of any hearing <br />and frankly the person that objects should come before the commission and indicate the <br />reason for objection to the examination. The commission can then take in any other <br />information, look at the basis of the objections, and then decide from there. Mr. G4reau <br />clarified this not subject to a hearing or a 2506 appeal and one of the reasons he knows this is <br />because the McArthur V. Desouza case was handled by him in front of the supreme court <br />and in this case there is a ruling that the questioning of an examination was not quasi-judicial <br />and as a result is not subject to administrative appeal. Mr. Gareau noted that although the <br />party that filed the protest was not present, obviously the writing he submitted can be the <br />basis for the commission reviewing his protest and there are other people at the meeting that <br />are familiar with the facts and allegations with respect to the fairness of the examination. He <br />stated he did not think there was any basis at all with respect to these allegations as far as <br />fairness is concerned. If, after reviewing all the facts the commission concurs that there is no <br />foundation for this protest, they can deny the protest and immediately certify the list so that <br />an appointment can be made. Chief Ruple agreed to respond to, each of the four accusations. <br />He noted before the assessment team left Saturday evening the scores were completed. Mr. <br />Gareau questioned if the chief knew this because that is the procedure. Mr. Ruple responded <br />he received a call Saturday night from the lead assessor informing him the assessment was <br />complete, and the results would be submitted to the civil service commission as soon as <br />possible. He called the lead assessor Monday morning hoping that they would be able to fax <br />the results so that they can be revealed as soon as possible. The lead assessor, however had <br />personal problems over that weekend with family members which prevented him from <br />working on the formal report Sunday. The lead assessor agreed to call when the formal <br />report was completed so that it could be faxed to the civil service office. In response to <br />count (1) Chief Ruple advised there is an activity during the assessment that involves role <br />playing, called the subordinate counseling exercise. During this exercise the role player <br />throws in a complete bizarre thing like "Well another major problem is the captain is sleeping <br />with my wife and every time I see him in the hall I want to punch him." In a brief <br />conversation with one of the assessors, Chief Ruple noted he was informed by one of the <br />assessors that one of the candidates responded "I cannot address the problem with the <br />captain but we got to work on your weight." This was all the conversation he had with any <br />of the assessors. Mr. Cummings questioned if Chief Ruple was aware at that time of which <br />candidate the assessors were discussing. Chief Ruple confirmed he was unaware which <br />candidate the assessors were discussing. Law Director Gareau questioned how that <br />conversation with the assessors became known to the candidates. Chief Ruple explained that <br />a few of the candidates were discussing the subordinate counseling section and particularly <br />the section dealing with the captain having an affair with this guys wife. He overheard this <br />conversation and stated that its fumy that one of the candidates responded to it that "I <br />cannot address the problem with the captain, but we got to work on your weight problem." <br />In response to count two (2) Chief Ruple explained there was some conflict within his <br />department with respect to the commissions decision to grant Candidate Kilbane seniority <br />