10/17/2005 Minutes - Laserfiche WebLink

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IV. OLD BUSINESS: Review of Rule IV Section 2, and Rule IX of the Civil Service Rules and Regulations Mrs. Giesser advised that there is a charter amendment on the ballot that would give the Civil Service Commission home rule. Mr. O'Malley advised the general concept was to liberate the Commission to some extent. Mrs. Giesser suggested the Commission look at the rules but not act on them until after the election. Mr. Hohmann questioned the home rule. Mr. O'Malley indicated that we have a home rule in general.. The issue that has been litigated in a number of different settings is whether or not the Civil Service Commission, has through the Civil Service provisions in the Charter, specific language that would enable the Commission to deviate from State Law. State Law governs, unless by Charter the City has enabled with specific language to the rule book or the Charter itself passed by the people, the City's Civil Service Commission can, in the following circumstances, adopt rules of procedure for their own system. Mrs. Giesser handed out her revision of Rule IV and advised the O.R.C. 124.45 was used as a guideline. Mr. Hohmann inquired having the Commission do the testing as appose to an outside testing company. Mrs. Giesser indicated there maybe some concerns about the validity of the test. A general discussion followed concerning the protest of an examination. Mr. O'Malley advised that the State Law, O.R.C. 124.45, is the basis for the promotion of Firemen and this could be the basis for all promotional examinations. Mrs. Giesser indicated that State Law says there is a five (5) day protest period, exclusive of weekends and holidays, which seems hard to meet. More importantly, the Commission has to contact the testing company as soon as the protest is received so that the company can get an answer to the Commission within the guidelines. A general discussion followed concerning the previous promotional exam for the Fire Department, beginning period, written protest, time chart, meetings, and results. Mrs. Giesser suggested reviewing this draft at the next meeting. Mr. O'Malley indicated that the title to Rule IV "Inspection of Examination Papers" should be changed because it gives the idea the candidate can see his/her examination paper with their written answers and the testing company does not want that to occur. They are very protective.. A general discussion followed concerning the protest period. Mrs. Giesser suggested from the time you hire the testing company and the time you hold the exam, make sure the testing company knows when the five day protest period is and what their obligations are. Mrs. Giesser also indicated that on day one, once the written protest arrives; send immediately to the testing company. Mr. O'Malley indicated that when the first written protest arrives; set your meeting. You have five (5) days protest and five (5) . days meeting and you have to hear the protest within the effective ten (10) days. Mrs. Giesser suggested the Commission obtains the testing company's answers in the Commission's hands before the meeting, so you have a chance to review them. A general discussion followed concerning the five (5) day protest, colored calendar, and clarification of procedure. Mr. O'Malley indicated that there is no provision in State Law for Police. Mrs. Giesser feels the Police Department should not be different than the Fire Department. A general discussion followed concerning the exam books. Mr. Ubaldi requested the latest version of the Rules and Regulations. Mrs. Giesser suggest to table further' discussion of this rule. Mrs. Giesser indicated the next rule to review is Rule IX. Mr. Ubaldi had revisions passed out at the last meeting. The commission decided to table this rule until the next meeting. Determination of remaining job classifications Mrs. Giesser inquired if the Commission had received any responses from the Directors/Department Heads about the job classifications: Ws- .' Eccleston advised that we did not receive any written responses but Mrs. Copfer questioned the Assistant Directors classification. Mrs. Eccleston advised