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2014-02-10 CIVIL SERVICE COMMISSION REGULAR MEETING MINUTESCITY OF PEARLAND CIVIL SERVICE COMMISSION MINUTES OF A REGULAR MEETING OF THE CIVIL SERVICE COMMISSION FOR THE CITY OF PEARLAND, TEXAS, HELD ON FEBRUARY 10, 2014, AT 8:00 A.M. IN THE HUMAN RESOURCES CONFERENCE ROOM OF PEARLAND CITY HALL, 3519 LIBERTY DRIVE, PEARLAND TEXAS. Present Charles McMurrey, Chairperson James Gilbert, Vice -Chairperson Phil Cessac, Commissioner Officer David Pratt CALL TO ORDER 8:00 am. Bonita J. Hall, Civil Service Director Captain Ron Fraser Assistant Chief Johnny Spires Officer Corey Gray 2014-04 Discuss and Approve Minutes for the May 3, 2013 Meeting. Commissioner Gilbert made the motion to accept the minutes and Commissioner Cessac seconded. MOTION CARRIED 2014-05 Discuss and Approve Minutes for the January 6, 2014 Meeting. Commissioner Gilbert made the motion to accept the minutes and Commissioner seconded. MOTION CARRIED 2014-06 Discuss and Consider Sergeant Promotional Examination Appeal Questions. Ms. Hall opened the discussion by reminding the Commission of the test held on January 21, 2014 and that the appeal would involve section 143.033 and 143.034 of the Texas Local Government Code and the City of Pearland's local Civil Service Rules. The Commission then allowed Officer Gray to speak to the appeal. It was decided that he would go over each question, explaining why he believed it should be reviewed then the Commission would decide how to handle each question. Officer Gray started by saying that he is doing this because he believes it to be important to his career. Regarding question #28, Officer Gray felt like the question was too broad. He said it was based on a case that went to the Supreme Court and illustrated by why he believed his answer was not incorrect based on the Constitution, specifically the Bill of Rights. Regarding question #76, Officer Gray indicated that he wished to withdraw his appeal because upon further reflection, he realized that he had read too much into the question. Regarding question #96, Officer Gray indicated that because the word "true" was bolded, underlined, etc., he believed the question was indicating which statement was a true Minutes Page2 statement. He said he reviewed the policy and all of the statements are in the policy and that they all could have been "true". He concluded by saying that his answer was not false, but in fact true and that question was misleading and should have been written differently. Regarding question #100, Officer Gray said he spent the most time contemplating this question. The question involved a General Order (GO) and he indicated that there was a similar Standard Operating Procedure (SOP) and that he may be a little confused. He spoke about when arrest/conviction records may be released to the press, depending on whether or not the record was generated internally or through TCIC/NCIC. The Commission considered Officer Gray's appeal and statements. Regarding question #28 Commissioner Cessac made the motion to sustain the question and Commissioner Gilbert seconded. Commissioner Gilbert stated that the tests are written by people who are more familiar with police work and he did not wish to challenge them. MOTION CARRIED. Regarding question #76, Commissioner Cessac made the motion to sustain the question and Commissioner Gilbert seconded. They understood the appeal had been withdrawn but wanted to make sure the record reflected that they sustained it. MOTION CARRIED Regarding question #96, Commissioner Gilbert made the motion to sustain the questions and Commissioner Cessac seconded. Commissioner Cessac believed too much may have been read into the question. MOTION CARRIED Regarding question #100, Commissioner Cessac made the motion to sustain and Commissioner Gilbert seconded. There was discussion about whether or not the General Order (GO) section 800.01 and the Standard Operational Procedures (SOPs) section 600.05 were the same. Officer Gray believed them to be contradictory and therefore the question should be removed. Chairperson McMurrey asked to see a copy of the SOP that Officer Gray referenced so the meeting was recessed at 8:35 am so copies could be made of the relevant section. The meeting reconvened at 8:40 am and the Commission reviewed the material. Commissioner Gilbert reiterated that the question only talks about the GO and not the SOPs. He made the point to say that he does not believe Officer Gary is not telling the truth, he just does not see it and that he is a big fan of the department and what the officers do. MOTION CARRIED Chairperson McMurrey led the Commission in saying that they appreciated Officer Gray and other police employees service and that there is nothing wrong with him using the process. 2014-07 Discuss the recent Entry Level Police Examination. Ms. Hall stated that an entry level test was given on February 1, 2014, for 86 applicants. Of those who tested, 50 passed the written examination and 35 passed the physical ability test. There was discussion about the department and Captain Fraser indicated that there were four (4) openings, depending on when the other promotions occurred. Commissioner Cessac asked how long the list would last and Ms. Hall and Captain Fraser estimated until about the summer. Minutes Page3 2014-08 Discuss and Consider Revisions to Section 143.033 "Tie -Breakers" of the City of Pearland Local Civil Service Rules. Ms. Hall introduced the topic by describing the January 21, 2014 test and the ties that existed. She stated that section 033.3 of the local rules has four (4) steps for breaking ties, two of which may prove to be problematic, namely, one dealing with the most seniority as a commissioned police officer and the other according to how those persons placed on their entry-level eligibility list. She asked the Commission to consider changing the third and fourth step in the tie -breaking process. There was discussion about how things were done in the past and how to make the process easier for everyone involved, whether or not to use time as an officer with the City, the State or the Country. Commissioner Cessac made the motion to eliminate 033.3(d) of the local rules and Commissioner Gilbert seconded. MOTION CARRIED. Commission Gilbert made the motion to amend 033.3(c) to the local rules to read "In the event a tie remains, the Commission shall certify the list for those persons in the order according to which person has the most seniority as a commissioned peace office within the State of Texas" and Commissioner Cessac seconded. There was discussion with Captain Fraser and Assistant Chief Spires who indicated their preference to give officers credit for service anywhere in the State. They indicated that is relatively easy to retrieve said information. MOTION CARRIED. After further discussion about how one would break a tie once all existing steps had been taken, Commission Cessac made a motion to add 033.3(d) to City's local rules which states "in the event a tie remains, the tie shall be broken by drawing lots and the persons shall be ranked in the order by lot as determined by the Director", and Commissioner Gilbert seconded. MOTION CARRIED. The meeting was adjourned at 9:13 am. Ap oved on the L, day of Zn N U , 2015. McMiirrey, Commission Chairperson es Gilbert Vice -Chairperson Phil Cessac, Commissioner