05/17/1999 Minutes - Laserfiche WebLink

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test and here are the protocols which they are to be given under. He believes the purpose of the test is to screen for preexisting conditions that might result in disability. The pension board would like to have that information on record. He suggested the seminar emphasized that the employer should pay for the physical exam and that the employee be allowed to have a copy of the results. He indicated he believed that the City had received copies of the forms required to be completed and submitted to the pension board. Mr. Jenkins suggested revised code 742.38 required each City to submit a report regarding physical exams. There is a distinction between what is a medical record and a public record, essentially a diagnosis that is used for treatment is not public record, but a test of fitness or essential functions for a job is a public record. It was suggested that a statement be added to the application that indicates that the results of the physical fitness tests, for central functions of a job are public record and may be used as such. It was also suggested that a release statement be worked into the paragraph for each of the candidates to sign indicating they understand that the results are public records. The Commissioners will need to discuss how they want to implement that statement. The speaker at the seminar also sited the dictionary of occupational titles used by the US Department of Labor. It was suggested that the next time the handbook was revised that, language directing the commission to look at that dictionary as a reference when suitability for work and the type of work that is done within the Police and Fire occupations are discussed. There was also discussion regarding establishing a review officer for candidates who take the test but have an objection to House Bill 648 exam results. If a candidate complains they didn't qualify because of the exam, the protest should be referred to a review officer instead of the Civil Service Commissioners. If the Commissioners reviewed the protest it could bring in a judicatory situation, but having a review officer make decisions on the protest sets it into a category, which is not judicatory. It was also recommended that an affirmative action plan be implemented along with annual training for Council and elected officials. He felt there was a lot of good information covered at the seminar. Mr. Jenkins indicated a number of the Northeast municipalities got together and give their test on the same day. Thereby eliminating candidates that are just jumping from one test to another. Only those who really want to work in your municipality would come to your test, as all the tests would be given on the same day. Mr. Cummings suggested there would be fewer people taking the test, but they would be more inclined to be dedicated. Mr. Jenkins suggested it would also cut the cost of testing people that just take the tests hoping for a job any were. He suggested the board might want to find out more information about the municipalities that are working in conjunction together. Mr. Thomay inquired as to what was currently being done as the law went into effect on May 1, 1999. He asked if the candidates on the current lists had been notified of the new law. The secretary indicated that the law department had been sent a copy of the municipal Civil Service update 1999 book as well as all the documentation that the Civil Service office had received regarding the new law and asked for a legal opinion as to what should be done. Mr. Thomay asked if the physician that was currently being used was notified. The secretary indicated that she believed the Police and Fire Departments used different physicians for the exams. So a copy of the paperwork that needed to be filled out by the candidate and the physician was sent to both departments with instructions to give a copy to each candidate and instruct them to take it with them to the physical. Mr. Thomay indicated he believed the cost of the physicals would go up. The secretary indicated that the Police or Fire department did not send every candidate for a physical, eye, or psychological exam, only the candidate they wish to hire is sent. Mr. Thomay indicated the paperwork that needs to be filled out by the physician goes into specific tests that need to be done and the information should be added to the handbook. He further indicated that the municipal Civil Service update 1999 book suggested that, the new law was subject to change in the next year because of federal laws that were going to be changed in the age discrimination and employment act. The secretary indicated she spoke to the law department earlier in the day and was informed the law department was still in the process of reviewing the information. Mr. Thomay questioned if either department would be hiring entry level candidates within the next 30 days. The 3