1990-02-13 CIVIL SERVICE COMMISSION REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CIVIL SERVICE COMMISSION OF THE
CITY OF PEARLAND, TEXAS HELD ON TUESDAY, FEBRUARY 13, 1990, AT 7:00
P.M., IN THE CONFERENCE ROOM ON THE SECOND FLOOR OF CITY HALL,
LOCATED AT 351.9 LIBERTY DRIVE, PEARLAND, TEXAS.
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The regular meeting was called
to order with the following
people in attendance:
James Gilbert - Chairman
Jim Wood - Commissioner
Tom Alexander - Commissioner
Mary Hickling - Director
********
GUESTS - Chief Garner and Tom Lay
APPROVAL OF MINUTES
Commissioner Alexander moved to accept the minutes of the January 30,
1990 meeting. Motion was seconded by Jim Wood. Motion carried 3-0.
ACTIVITY
~- A motion was made by James Gilbert to accept a petition signed by
eleven officers as information. Commissioner Alexander seconded
the motion. Motion carried 3-0.
Discussion regarding the entrance level examinations and the order
in which background. investigations are being conducted was held
with Chief Garner.. The Commission agreed that the present procedure
should be continued so that more data can be collected.
Mr. Lay discussed with the Commission, the acceptability of ammended
minutes when there is a need. After some discussion and some review
of prior meeting notes and memos written by-the Director,preceding
the June 13, meeting, Commissioner Woods made a motion that. the
June 13, 1989 minutes-be amended to reflect that Chief Garner made a
presentation to the Commission concerning the restructuring of t e
Classificat~:on Plan which would include the osition of Cor oral. The
Commission a reed unanimousl to recommend to the Council. t e a roval
of the Classification Plan. to inclu e 8 atrolman Cor ora s
Ser eants 2 Lieutenants an Ca taro. T e motion was secon e
James Gilbert. Motion carried -0 wit Commissioner A exan er
abstaining ue'to-his absence-at a June meetin .
MEETING RECESSED TO EXECUTIVE SESSION AT 7:48 P.M. UNDER TEXAS REVISED
CIVIL STATUTES, ARTICLE 6252-17, SECTION 2, Subsection (g) Personnel,
as posted in the meeting agenda.
MEETING RETURNED TO OPEN SESSION AT 7:35 P.M.
Under Subsection (g) personnel, the Commission heard a report from
the Police Chief regarding a possible-plan to make_.two appointments
„~ in the Police Department. No action was taken.
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.ADJOURNMENT-.
Commissioner Gilbert moved to adjourn. Motion was seconded by
Commissioner Jim Wood. Motion carried 3-0, and meeting was adjourned
at 7:36 P.M.
Minutes approved as submitted and/or corrected this theo1~d day of
March, A.D., by Mary Hickling, Director.
C a an
Dir ctor
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FRVM Lana ~ 5noaks l1 l)1 G3:%~_,6~ yU 1?:57 F, 2
' ,,,-. LAW OFFICES
THOMAS F. LAY
12727 FEATHERWOOD DRIVE
SUITE 120
HOUSTON, TEXAS 7705!
TELEPHONE (715} !84.2700
!'AX NUMBER {yls} ~e4-z8sp
March 6, 1990
Mr. Sert Springer
Texas Conference of Police and Sheriff
office of the General Counsel
1445 Narth Loop West
Houston, Texas 77008
Re: City of Pearland - Civil Service Commission
Tear Mr. Springer:
This ig to advise that I am the attorney for the civil service
Commission of. Pearland, Texas. Xour letter o! February 21st, 1990,
r-- to Mrs. Mary Hickling, the Director, has been referred to me for
answer.
I have discussed this matter with Mrs. Hicklinq atld the Members
of the Civil Service Commission, and the Civil Service Gommission
did not "create~~ this position.
The position of corporal was created by an ordi»anae of the
Gity Council of the City of Pearland. The Civil Service Commission
does not determine the various classifications available or the number
of positions to be included within each classification. This is~
done by the City Council.
I am advised that the Civil Service Commission did approve the
proposed action of the City Council in creating the corporaX position.
I trust this is the information you requested from Mrs. Hicklinq.
Yours very truly,
Thomas F. Lay
TFL/em
Cc: Mra. Mary Hickling
FRGM Lay a3< Snooks Caul uS%lb- 90 16:50 P.
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Richard H. Cobb
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Mf1rk E. St)RRI
SlQll Atlurnrh•
Burt Springer, d.l).
AxwcEatr
March l2, 1990
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'T'exas Conference of Police and Shexiffe
1445 ~torth 1~oop West, Suite 970 - Houston, Texas 77(x$
($UO) 533-3086 nr (713) $6${1983 FA3~ (713) 864$248
Mr. Thomas F. Lay
Attorney at Law
12727 Featherwood Drive, Suite 120
Houston, Texas ?7034
Dear Mr. Lay:
In response to your letter of March 6 1990 in >`eference to the
'' Corporals position within the Pearland~ police Department, please
consider that Chapter 143 of V.C.B. Lacal Government Code require$
the establishment of all classifications for police officers by the
vi Service Commission. Upon such classification, then, and only
then, may the governing body establish the number of position$ and
the pay rate. Your explanation is not sufficient to overcome a
violation of the statute. Your letter gives a chronological record
of events directly fn reverse of that required by taw. Also, this
office has obtained copies of the minutes of the Civil Service
Commission meetings from 1989 and no such approval exists. Possibly
you are referring to the December 5, 1989 meeting which was held in
"executive session", a matter which would concern the Texas open
Meetings statute.
in conclusion, i would suggest that you refer to Chapter 143.021
of the V.C.SS. Local Government Code and the specificity of the
statute. In an effort to assist you in your counsel to your client,
you might look at City of f't. Morth vs. A. Hernandez, et al, 608 S.W.
2nd 826, rehearing denied, 1980, "We hold the provisions of 1269 M
(now 193) to be exclusive and mandatory." Approximately three years
ago this o~fftre was compelled to address this same issue with the
City of South Houston. The mandamus which we tiled was upheld by the
court. Should we not be able to resolve this issue, we will have no
choice other than to proceed with a mandamus in this matter.
FROM Lay ~ Snoaks 001 03}16x90 16:51 F. 3
" .- March 12, 1990
•' Page 02
Should ve be of any assistance to you in the resolution of this
~aatter, please call my office.
Richard H. Cobb
General Counsel
Bys
.. ..-wart Springer, J.D.
Office of General Counsel
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MEMORANDUM
DATE: 031230
TO: CHIEF R. GARNER
FF:OM: OFFICER R.M. JOHNSON
VIA: C:PL F. ANDERSON
LT. B. WALTER
ASST. CHIEF J. CHAPMAN
F:E:F: FORMAL AF'REAL CIVIL SERVICE CORPORALS EXAMINATION
It is this Officers belief and opinion that the Civil
Service C:or por al s examination given on 030830 was i n
violation of tFie below listed Givil Service rules and
regulations. It is also this Officers belief that the first
Corpcrr als examination was also in violation of these rules
and regt~l at i cros and wc~ul u like far the Civil Service
C:• ~mmi ssi•an to investigate.
The fallowing list of regulations were taken fram the
TEXAS FIREMEN'S and POLIC:EMEN'S CIVIL SERVI~.:E LAW.
P
.-- SEC: 143.008: ADOPTION AND PUPLICATION OF RULES
SEC:: 143.010: COMMISSION APPEAL PROCEDURE
SEr•: 143.021: CLASSIFIr_:ATION; EXAMINATION REQUIREMENT
SEC: 143.022: RHYSIC:AL REQUIREMENTS AND EXAMINATIONS
SEC : 143.02G: RROCEDURE FOF; FILLING E~Eta I NN I NG POSITIONS
SEC: 143.032: PF'OMOTIONAI_ EXAMINATION PROCF_DURF_
SEC: 143.033: PROMOTIONAL EXAMINATION GRADES
The following list of rules were taken from City of
Pearland Pr_,lice Officers Civil Service F;ules and Regulations.
RULE #i# - CLASS I F I CAT I ON OF POSITIONS ... SEC' . 8, 126'3m
F:ULE #5 - MINIMUM F~EQU I REMENTS FOR POL I C:E ... SEC:. '3, 12ESm
RULE #7 - ENTRANCE EXAMINATION FOR ELIt~IHILITY LIST ... SEC.
9, 1269m
FtULE #8 - NOTICE OF EXAMINATION ... SEC. 13, 126~3m
RULE #il - EXAMINATION PROCEDURE
J
'^ RULE # 15~ - F'ROMOT I OhIS ... SEA:. 14, 1269m
Yr~ur attention and timely reply to tFiese matters will
be greatly appreciative.
R. M. JOHNSON
%:%:: i=: I V I L SERV I i_ E D I REO'TOR
t~:IVIL SERVI~GE COMMISSION
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CIVIL SERVICE COMMISSION
P.O. Box 818
Peorlorxi, Texos 77588-0818
TO: Chief Randy Garner, Chief of Police
FROM: Mary Hickling, Director of Civil Service
SUBJECT: Eligibility List for Corporal
DATE: March 12, 1990
(713) 485-Q411
In accordance with the provisions set forth in Texas
Firemen's and Policemen's Civil Service Law, Chapter 143,
the City of Pearland Civil Service Commission hereby
submits the following names .for the Corporal Eligibility
List:
Javier Caballero
Rene Alvarado
If you should have a valid reason why the aforementioned
officers should not be promoted to the rank of Corporal, you
must file these reasons, in written form, with the City of
Pearland Civil Service Commission for review.
CC: City Manager, Jim DeShazer