01/12/2009 Minutes - Laserfiche WebLink

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commenced regarding some of the responsibilities of the Assistant Fire Chief including plan reviews and the Fire Prevention Bureau. Also discussed was the projected deficit for 2009. The [appellant] indicated that there are two (2) other issues that he would like to bring up to the Commission. In the letter from the Safety Director, it stated "You also have the right to return to the former position you held immediately prior to your promotion to Assistant Fire Chief, to wit: firefighter." Referring to the City's salary ordinance in Section 13, paragraph H states"... the Chief of Police, Chief of Fire and Assistant Chief of Fire shall be entitled to any and all benefits afforded to members of each of their respective departments..." Benefits is defined as "a service (as health insurance) or right (as to take vacation time) provided by an employer in addition to wages or salary." The [appellant] feels that his demotion and right of reinstatement is not dealt with the City's Civil Service rules and what needs to be looked at is the contract as the City's salary ordinance states the [appellant] is entitled to the benefits of the union members. Section 9.1 of the union contract supports not being demoted to firefighter, but to Captain. When the [appellant] was the Assistant Fire Chief, decisions were made along with the Fire Chief regarding other employees and the demotion puts the [appellant] in a difficult situation. There is a clear distinction between the rights afforded to civil servants and the review in this body is very different than the rights and the remedies that are contained in the collective bargaining agreement. The salary ordinance reference to benefits, for example, health insurance. The layoff procedure is governed by the Civil Service Rules which are referred to State Law. The appellant's case is not controlled by the layoff procedures in the collective bargaining agreement; he is not currently a member of the collective bargaining agreement. The City lacked funds and choices have been made as to which positions will be eliminated. The [appellant] is not contesting the actual layoff but the way the layoff is being handled and disagrees with the demotion to firefighter. During the [appellant's] promotional interview he was told that his benefits were derived from the Union contract. By way of history, the Captains and Lieutenants declined to take the promotional examination; therefore, Firefighters were offered to take the examination. A general discussion followed regarding the Assistant Fire Chief Examination, displacement and seniority. The [appellant] would like to see the benefits that have been afforded to his department and the right of reinstatement in the union contract and is disappointed that his position is the only position in both the Police and Fire Departments either not covered by union or covered by Charter. Because of the position that the [appellant] is in, he is being demoted to Firefighter and has one (1) year for the right of reinstatement. The Administration has the right to select this position for a layoff/demotion. A general discussion followed concerning the Civil Service displacement procedure rule. According to Rule XI, Section 5b, in this case, correctly following the rules, would result in the Assistant Fire Chief returning to the position formally held and in this case it would be Firefighter/Paramedic. A classification is Assistant Chief or Captain or Lieutenant. A classification series is the Fire or Police Department. A general discussion commenced regarding a previous meeting when a Patrol Officer became a Firefighter. The Safety Director indicated that there were statements regarding accusation against her and would like the Director of Human Resources to respond. A general discussion followed regarding a harassment complaint. There are no complaints filed with the Human Resources Department. The Safety Director affirmed that the City faced a $1.2 million budget deficit at the end of the year which was met through layoffs, attrition, and efficiencies that the Administration had reached, and the City is still in a $483,000 deficit going in 2009. A general discussion followed regarding the year 2010, the deficit is not a one-year problem, property tax reappraisals, declining property values, municipal income tax for individuals and businesses. -- -T-here-were no -closing -remarks. -A suggesti-oll-was-made-for-the- Chairman to -examine the exhibitsandthat-- - they cover all of the items that are in the Commission's record; make a ruling, if neither party objects to the parties' exhibit, the materials could be accepted if the Chairman deems them to. There are no objections to the material.