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LJ <br />r collective bargaining agreement. Mrs. Rote replied it is not. She said the captains are part of collective <br />bargaining. Once a captain elects to take the assistant chief exam and becomes an assistant fire chief, he <br />or she must give up collective bargaining protection. Mr. Thomay asked if a captain can assume an <br />administrative position. Mrs. Rote said they may need to take a look at the collective bargaining <br />agreement to see what positions they are allowed to fill. Mr. Thomay said that question will come up <br />whether this is tabled for a year or not. Mrs. Rote said there is also the thought that they would have to <br />buffer the chiefs line item for pay. If the chief is on vacation and a captain has to act on his behalf, <br />perhaps that entitles him to get chiefs pay. She said they may not be saving money in the long run. It is <br />more expensive to fill in for a fire chief than for an assistant so she believes they may have to buffer the <br />chiefs line item. Mr. Thomay asked if there is an assistant police chief. Mrs. Rote replied there is not. <br />There are 2 captains that assume the responsibility in shifts. They don't hold the title of assistant police <br />chief, they are the next 2 in line. Mrs. Giesser said if the police can function that way in terms of the <br />collective bargaining agreement, then maybe it can work in the fire department. She said she hopes <br />Council will listen strongly to what Mr. Klecan may have to say because as assistant chief he knows what <br />he's done and he has been acting chief for 6 months. She added that sometimes saving money in the long <br />run costs you money. Mr. Thomay said with the way things are right now, cutting positions in fire and <br />police will create a situation where there will be bad press. Mrs. Rote said the civil service commission <br />protects the fire chief and assistant chief. Mr. Thomay asked where the civil service comes in with <br />keeping a position unfilled for a year. Mrs. Rote said she is not sure if Council needs the commission's <br />permission to not fund the position or to fund it. That is why she asked for a representative from the law <br />department to be at this meeting. It was not possible with their schedules however. Mrs. Giesser asked if <br />the board can request the law director's opinion as to issues that were just raised. Mrs. Rote asked if the <br />city can legally have a position and not put the funds there to fill it under the civil service law. She asked <br />if just not funding the assistant's position would cost the city more in the long run because they would pay <br />a captain to work on behalf of the fire chief. Mrs. Giesser said that question is for Council. Mr. Thomay <br />said they need to find out if Council can leave a position unfilled and un -funded. Mrs. Giesser pointed out <br />it would be a position that is under civil service protection. Mrs. Rote asked if Council can do that and <br />whether or not they would need the Commission's authority. Mrs. Giesser asked where it says there has to <br />be an assistant fire chief. Mrs. Rote indicated it is in the codified and in the civil service handbook. That <br />is why Council may be able to eliminate the position. Mr. Thomay said that would bring up the question <br />whether or not they can do this on a temporary basis for a year. Mrs. Rote said it brings up issues about <br />whether they can abolish the position without the assistance of the civil service commission because civil <br />service protects the position. Mrs. Giesser indicated she would think they have the right to abolish the <br />position. Mr. Thomay agreed and said particularly because the assistant is not in the collective bargaining <br />unit. Mrs. Giesser asked if there is a position, can they get around it by just not funding it. Mrs. Martin <br />pointed out it would put a lot on the chief alone. They need to be able to protect the city and the residents. <br />Mr. Thomay said they need to get a legal opinion and they need to find out if the Commission can allow it <br />to happen. The board may have some jurisdiction with this. They need both a legal opinion on the <br />position and on what the Civil Service Commission's jurisdiction is. <br />VI. ADJOURNMENT: Chairman Thomay adjourned the meeting at 2:35 p.m. <br />ohn Thomay, Chairman <br />//i3 M3 <br />Date <br />Annie Kilbane; Civil Service Secretary <br />