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1987-03-24 CIVIL SERVICE COMMISSION REGULAR MEETING MINUTES~' MINUTES OF THE REGULAR MEETING OF THE CIVIL SERVICE COMMISSION OF THE CITY OF PEARLAND TEXAS HELD ON MARCH 24 1987 AT 7:05,P.M, IN THE FINANCE DEPARTMENT OF CITY HALL ..2335 N. TEXAS ~ AVENUE,. PEARLAND, TEXAS., The regular meeting was called order with the following members present: Gaii Birdsong - Vice Chairperson Jim Wood -Commissioner Mary Hickling - Director ****** APPROVAL OF MINUTES The minutes of the January 20, 1987 meeting were approved as read. ACTIVITY Director Hickling reported that a promotional exam for the position of Lieutenant was given on March 19, 1987. Eight officers were eligible to participate in the examination and those same .eight chose to register to take the exam. Robert Cuna, Chris Doyle, Randall Garner, Glen Manis, James ~.. Templin, Jim Benson, Bob Walter and Buddy Webb took the exam and all received passing grades with the exception of Glen Manis and Jim Benson. On March 20, 1987, Director Hickling sent a recommendation to the Chief of Police, Bob Riemenschneider, of three names to be considered for promotion to the rank of Lieutenant. Those names were Randall L. Garner, James A. Templin and Robert J. Cuna. ADJOURNMENT The meeting was adjourned at 7:23.P.M. Minutes approved as submitted and/or corrected this the v~~ day of August, A.D., 1987, by Mary Hickling, Director. C a an Dire or PEARLAI~D POLICE DBPAB~ I~1lOBA11DQ!! TO: Officer Robert E. Harding FBOli: Chief R. Riemenschneider DATE ISSDED: 8/12/8? DeTS BFFECTIYE: 8 / 12 / $? SUBJECT: Notice of Disciplinary Suspension DATE BII~IBSD: N / A - _ . , ~ RECEIVED AU6 t 3 1987 On July 24, 198?, shortly after 6:00 p.m., while on your assigned work shift and on duty, you were directed to the scene of an auto-pedestrian accident involving a young boy who ran in front of and was hit by an automobile on Yost Road (also called Yost Boulevard) in the City of Pearland. Your duty in responding to the scene was to secure the accident scene, see to the condition of the persons in- volved, and to investigate the accident. Based on the many statements of witnesses at the scene,- as submitted to the Department, I'conclude that your conduct at the scene on that date was inconsistent with the duties and responsibilities of an officer of the Pearland Police Department and in violation of the following City of Pear- land Civil Service Commission's "Police Officers Civil Service Rules and Regulations", to-wit: ' "RULE 21 - CAUSES FOR DISCIPLINARY ACTION . No Police Officer shall engage in, or be involved in, any of the following acts or conduct and the same shall constitute cause for disciplinary action: . . 5. Discourtesy by said employee to the public . while said employee is in the line of duty." This conduct is specified in the followin hereby alleged against you, each of which on your part while in the line of duty at on July 24, 198? as described herein, and statutes a violation of the Civil Service inabove. Count Number 1. g four (4) counts constitutes action the accident scene each of which con- Rule quoted here- Instantly upon your arrival at the accident scene, you were guilty of discourtesy toward members of the public, including a person actually involved in the accident itself, by offen- sively shouting at them to move their cars and ordering them ` about in a rude and discourteous manner. RECEIVED AU6 ~ 3 f9d7 Officer Robert T. Harding %~ ~ Notice of Disciplinary Suspension 8/12/8? Page Two . Count Number 2. You were guilty of discourtesy toward Mrs. Janice Challenger in that. you addressed her in a rude and discourteous manner when she arrived at the accident scene, even after you were informed that she was the mother of the inured boy. Count Number 3. You were guilty of discourtesy toward ldr. Robert Challenger in that you accosted him, both verbally and physically, upon his arrival at the scene, ostensibly for the purpose of dis- cussing with him an alleged traffic offense, even after you were informed that be was the father of the ia~ured boy, and without regard for his concern for his inured son. Count Number 4. You were guilty of discourtesy toward Mr. Robert Challenger in that you placed him under arrest at the accident scene for '^ the traffic offense of "Digging Out" (squealing tires on the pavement), after you were informed that he was the father of the inured boy, without any consideration of the emergency of the circumstances being some 3ustification for the commis- sion of such minor offense, and without exercising any of the many options open to you to handle the issuance of the citation without arresting Mr. Challenger. Because of this conduct on your part, you will be suspended without pay for a period of five (5) days, effective oa August 12, 1987, and extending through August 16, 1987. You will then report back for duty after this suspension, on your next regular duty day, the same being on August 19, 198?. You are hereby advised that you have the right to appeal this disciplinary suspension to the Civil Service Commission of the City of Pearland within ten (10) days after your receipt of this letter, as provided in Section 17 of Article 1269m, Vernon's Texas Civil Statutes. You are further advised that you may elect to appeal this dis- ciplinary suspension to wn independent third party hearing ex- aminer, instead of the Civil Service Commission, as provided in Section 16c(a) of Article 1269m, Vernon's Texas Civil Sta- . tutee. If you do so elect to appeal town independent hearing examiner, you waive all rights of appeal to a District Court except as provided in Subsection (f) of said Section 16c. - RECEtVEO AUG t ~ 1987 ~~ Officer Robert E. Harding ~ Notice of Disciplinary Suspension 8/12/8? Page Three Your signature hereinbelow states only that you have received a true and correct copy. of this notice of disciplinary sus- pension. /~. 0 -~ Robert ~tiemenschneider Chief of Police City of Pearland, Texas U S~.°' a 7-~ S~~y h Robert E. Harding (Signature) Received: g" ~Z' $7 2%`~~ /~~ (Date) (Time) tness ( gna e) cc: City of Pearland Civil Service Commission Members Director of Civil Service Ronald J. Wicker, City Manager Luke L. Daniel, City Attorney rrr/lld ~' ~~ P R Z rEx~ Clil ~ ~ e c~~ll~rn~~ ~~ CIViI SERVICE COMMISSION - P.o. sox 8i8 Peorlond, Texos 77588-0818 TO: Chief of Police, Bob Riemenschneider FROM: Director of Civil Service, Mary Hickling DATE: August 19, 1987 RE: Appeal of Officer Robert Harding (713) 485-Q411 The following request has been submitted by Officer Harding on August 18, 1987. Please be advised that. Officer Harding has elected to appeal to an independent third party hearing examiner instead of the Civil Service Commission ..(Section 16c, Article 1269m, V.A.T.C.S.). cc: City Manager, Ron Wicker ~- City Attorney, Luke Daniel Pearland Civil Service Commission Mr. Tom Lay r r-- f August 18, 1987 Firemen's and Policemen's Civil Service Commission City of Pearland P. 0. Box 2068 Pearland, TX 77581 RECEIVED AU6 ~ i ~gT `~~ RE: APPEAL OF Officer Robert Harding BADGE NUMBER: 76 Dear Sirs: This is to appeal from my five-day suspension as evidenced by letter dated August 12, 1987 by Chief R. Riemenschneider. The basis of my appeal is the facts as alleged are not wholly true; the charges are not legally sufficient; and'the recommended action does not fit the offense or alleged offense; and that the procedures employed by the Department violate departmental policy. I request a full, fair and impartial hearing by way of relief. I seek full reinstatement, as well as lost pay and benefits. Additionally, I seek to have all erroneous, fallacious and un- warranted materials removed from my personnel file. hearing examinertinsteadlof tthe Commissionaaslndependent third party 1269m, Section 16c, TEX. REV. CIV. STAT. ANNO,Provided for in Article I will be represented by John Burpo, Labor Relations Consul- tant, Combined Law Enforcement Associations of Texas, 401 Louisiana, Suite 540, Houston, Texas 77002. Respectfully submi ted, ~..~iG , v(/YL Robert Harding Badge No. 76 ived by: Date: ~~~f~, Rece' Time: p~QaaQa~ TO Ron Wicker INTER OFFICE CORRESPONDENCE City Manager FROM Robert Riemenschneider `^ Police Chief GATE August 14, 1987 sus.,ECT Invalid Attorney Fee Since I.was trying to be responsive to your guidance, I sought the legal advice of Mr. Tom Lay on July 13, 1987, as to whether the Civil Service Law would prohibit applying assignment pay to different In-Grade Titles that are all with- in one Classified Position of Patrol Officer. So, I guess the bill is mine, but I think I should contest the validity of Mr. Lay's bill before you decide whose department should pay for it. At no time did Mr. Lay ever indicate to me that by the Police Chief consulting with him it_was in-appropriate protocol. I think Mr. Lay should have told me that my approach to him was out of order unless first requested by the Civil Service Director or the Commission. I wonder why Mr. Lay did not inform me that he was not on retainer and that my consultation with-him would involve a fee. Upon completing my discussion with Mr. Lay he advised me that he did not see any problem on the surface with how the.pay plan was designed, but that he would look into the laws more in depth and give me his opinion later. If I had known that Mr. Lay would charge for a visit; and my request for his legal opinion, and even for later telephone conversation, I would not have sought his advice without first knowing what that cost would be. I have not spoken with Mr. Lay since July 13, 1987, and have not received any information concerning the benefit of the research .which is the biggest portion of his bill. Besides, Mrs. Hickling may have been asked by Mr. Lay to conduct some portion or the greatest portion of the research. I think only about $52.50 of the bill may be somewhat justifiable, unless we still want and receive a complete and fully referenced legal opinion. cc: Mary Hickling, Civil Service Director Luke Daniel, City Attorney RR/jhw