01/23/2006 Minutes - Laserfiche WebLink

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speak to the Safety Director, Tom Terbrack, and advise him that the Chiefs report to him and he is the contact point to the Commission. Mr. Ubaldi discussed the entry-level eligibility list for the Firefighters and indicated that some changes on the list would be helpful to the Commission. Mrs. Eccleston advised that the original ranking should remain on the list in a separate column. Mr. Ubaldi explained to Ms. Zolar how a name is removed from the list; cause is one if the candidate was not hired after five (5) certifications, request for removal, and something that disqualifies the candidate. Mr. Ubaldi indicated that the Northeast Ohio Civil Service Commissioners Association may have a point with trying to consolidate municipal entry-level exams by having a larger pool. Mr. O'Malley indicated some problems giving home rule status, the variations between municipal charters, and the potential variations between all of the different ordinances the cities may have for their own rules. A general discussion followed concerning candidates on different list throughout the county. Mr. O'Malley inquired if the issue was taken care of pertaining to the first five (5) names on the eligibility lists; the candidates that have moved on or have taken a job elsewhere and a previous discussion concerning how Police and Fire can get distribution of the next set of names without an emergency meeting. Mr. Hohmann indicated that Mrs. Eccleston could send over the next name with the paperwork, have them look at it and then certify that name at the next meeting. Mr. O'Malley thinks that is how it was resolved. Mr. Ubaldi indicated that the Assistant Law Director has assured the Commission that the e-mails requesting five (5) names for the Firefighters Entry -Level eligibility list would constitute a request for a certification of five (5) names to the appointing authority. Mr. Ubaldi advised to keep internal the number of times a candidate has been certified. Mr. Ubaldi made a motion that the Civil Service Commission certify the following five (5) names on the Firefighters Entry -Level Eligibility List to the appointing authority, the Safety Director: Matthias Burke, Daniel Holstein, Michael Fusco, Brian Gallagher, and Shaun Kaza. Mr. Hohmann seconded the motion and unanimously approved. IV. OLD BUSINESS: Mr. O'Malley's research of the probationary period that is stated in Rule XII, Reduction, Suspensions, Removals & Probationary Periods Mr. Ubaldi inquired to Mr. O'Malley if he was able to report to the Commission, Rules XII and XIV. Mr. O'Malley discussed the probationary period stated in Rule XII and advised that it is in conflict with state code 124.27. The code provides the probationary period for Police and Fire is one (1) year. The Civil Service rule states the probationary period should be eighteen (18) months. Mr. O'Malley checked under the Collective Bargaining law that a probationary period can be established and has been established with Police and Fire in their Collective Bargaining Agreement. Under the City's Charter and the authority as a Commissioner, the Civil Service Commission should not enable to enact a rule that is conflict with the state law. Mr. O'Malley feels the rule could be written in such a way as to refer to the probationary period that has been established by the Collective Bargaining Agreements for Police and Fire. A general discussion followed concerning section 3a, probationary period. Mr. O'Malley indicated that during the probationary period, the employee has no standing, no expectation of employment, no property interest, no rights, cannot file claims in federal court, have no expectation to make it through their probationary period or only be terminated for just cause. A general discussion followed concerning non -bargaining employees, state law, evaluation during the probationary period, and other collective bargaining agreement's probationary periods. Mr. O'Malley will look into other collective bargaining agreements to see if their probationary period is twelve (12) months.