07/30/2003 Minutes - Laserfiche WebLink

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Mr. Thomay advised that the positions of the candidates did not change theretore Mr. xobertson is still ranked (1), Gut (2) and Swan (3). J. Thomay motion to certify the corrected Assistant Fire Chief examination. results and validate. Law Department Comments; Mr. O'Malley recommended that the commission draw a distinction between the creation of the eligible list and the certification of the eligible list as two separate independent acts. With the creation of the eligible list, you commence the period for review, protest, and possible revisions to the answer key. The Commission has created the eligible list and now considered the notification from the testing company, that there was a computation error that did not effect the ranking of the list. He suggested the commission motioning to reconsider the certification of the eligible list. To decertify the eligible list if you will. At the same time confirm and ratify the eligible list as was previously established, as the ranking remains the same. Not withstanding the re -computation and the reasoning for this is it creates two separate acts. 1) Establishing the eligible list. 2) Later certifying the eligible list to the appointing authority for action and appointment. His review of the rules and statutes suggest that after the eligible list is created the protest and review period may or may not change the eligible list prior to the act of certifying the results to the appointing authority. Mr. Thomay suggested the question was does the previous eligible list remain in. effect. Mr. O'Malley suggested he would consider the previous eligible list infect invalid as created. Today the commission is confirming the accuracy of the eligible list not withstanding the error that has been brought to the commissions' attention by the testing company. Mr. Thomay indicated that he would reframe his motion. Ms. Giesser questioned if the protest period available to the candidates would begin today for the 10 -day requirement. Mr. O'Malley felt that the protest period should be reopened because new sets of notices are being sent out regarding the score. He questioned if in fact the clerk had new packets for the candidates to receive. Mrs. Rote confirmed that she had new packets ready for each of the candidates showing their correct score as well as a copy of the review and protest rules. J. Thomay motion to correct the final scores of the assistant fire chief examination results, due to an error in the previous calculation and reaffirm the previous eligible list calculated on the corrected scores and to establish a new protest period starting July 30, 2003 through August 9, 2003. R. Giesser seconded the motion, which was unanimously approved. Mr. O'Malley indicated that touching on the issue of certification, it is his recollection of the last meeting that there could have been some discussion regarding the eligible list being certified to the appointing authority. Based on recent correspondence it appears that the appointing authority is viewing the creation of the eligible list as an indication to proceed. He recommend that that impression be corrected whether by motion or by memo to the appointing authority. To clarify that the eligible list that the Commission just affirmed has not been certified and should not prompt an appointment until the protest period has been completed and the protests reviewed. In theory a protest over a question or answer could cause the commission to reconsider or revise an answer key which could effect the scores and change the ranking. Therefore, until the process is completed you do not want the appointing authority to believe that the process is completed. Ms. Giesser felt that to set the record straight it should be directed by motion. 2