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1983-04-04 CIVIL SERVICE COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE CIVIL SERVICE COMMISSION OF THE CITY OF PEARLAND, TEXAS HELD ON APRIL 4, 1983, AT 7:02 P.M. IN THE CITY SERVICE CENTER, 3501 E. ORANGE, PEARLAND, TEXAS. The regular meeting was called to order with the following present: Dan Keller - Chairperson Gail Birdsong - Vice Chairperson Roy Sanchez - Commissioner Mary Hickling - Director Guests: Ron Wicker, Tom Lay, Buford Parrish and Delores Fenwick APPROVAL OF MINUTES: Chairperson Keller declared the minutes of the March 7, 1983 meeting to be approved as circulated. The Commission agreed. ACTIVITY: Letters dated 3-7-83, 3-7-83, 3-9-83, and 3-30-83 were read and the Commission voted to receive them as information. A notice of indefinite suspension issued to Officer William F. Garney from Chief Glenn Stanford was received by the Commission. Notice of appeal from Officer William F. Garney was received as information by the Commission. Discussion was held with City Manager, Ron Wicker, concerning the modification of Civil Service Rule #28. Commissioner Birdsong made the motion to amend the word "full-fledged" to read "permanent". This amendment will be made to rule #28, under (a), page number 28 of the Civil Service Rules Manual. Motion carried. A hearing date for the indefinite suspension of Officer William F. Garney was set for April 25, 1983 at 5:00 P.M., to be held in the meeting room of the City Service Center, at 3501 E. Orange. 2 A statement of expense from Director Hickling was received as information by the Commission. ADJOURN: The meeting was adjourned at 8:20 P.M. Minutes approved as submitted and/or corrected this the day of June, A.D., 1983, by Mary Hickling, Director. CIVIL SERVICE COMMISSION - PEARLAND, TEXAS 5-6-83 COMMUNICATIONS: ACTION REQUESTED REQUIRED DISCUSSION: ATTACHMENTS: AGENDA ITEM # 4.1.1 AGENDA ITEM # 4.1.2 AGENDA ITEM # 4.1.3 AGENDA ITEM # 4.1.4 Letters from Chief Stanford dated 3-30-83, 4-12-83, 4-19-83, 5-16-83. Status change dated 4-26-83. Invoices from Lay and Snooks dated 5-12-83, and Southwest Court Reporting, dated 5-17-83. page 2 of 5 1101 GLENN S. STANFORD Chief of Police PEARLAND POLICE DEPARTMENT TELEPHONE (713) 485-0361 March 30, 1983 2337 NORTH TEXAS AVE. Rit'tlij Mary Hickling Civil Service Commission, City of Pearland Pearland, Tx Cowan, Jack Finley SS# 313-70-6751 #7 on list, Score 63.73 PEARLAND, TEXAS 77581 QM, The above captioned subject has been employed by the Pearland Police Department effective 4-1-83. Application and background investigation results attached. Glenn S. Stan Chief of Polic GSS/lch Enclosure GLENN S. STANFORD Chief of Police PEARLAND POLICE DEPARTMENT TELEPHONE (713) 485-4361 2337 NORTH TEXAS AVE. PEARLANO, TEXAS 77581 RECEIVED APR 1 4 1983 April 12, 1983 Mary Hickling Director, Civil Service Commission P. 0. Box 818 Pearland, Texas 77851 Dear Mrs. Hickling, An intensive background investigation revealed the following: Timothy Howard Kelly was allowed to resign from the Baytown Police Department after it was discovered that he was trying to alter information in the police computer. Due to the nature of the offense, the above named subject is no longer being considered for the position for which he applied. Sincererly, Glenn S. Stanford Chief of Police Pearland Police Department GSS:1js GLENN S. STANFORD Chief of Police PEARLAND POLICE DEPARTMENT TELEPHONE (713) 485-4361 April 19, 1983 2337 NORTH TEXAS AVE. Mary Hickling Director, Civil Service Commission P. 0. Box 818 Pearland, Texas 77581 PEARLAND, TEXAS 77581 Dear Mrs. Hickling, On 11-29-82, Officer Rito Llamas was suspended for an indefinite period for violations of Civil Service Rules and Departmental Rules as indicated in his original suspension. Since no appeal was made during the 10 day period allowed, Officer Llamas'` indefinite suspension is now a termination of employment as of November 29, 1982. Respectfully, Glenn S. Stanfor, Chief of Police Pearland Police Department GSS:ljs GLENN S. STANFORD Chief of Police PEARLANVD POLICE DEPARTMENT TELEPHONE (713) 485-4361 May 16, 1983 Mary Hickling, Director Civil Service Commission P. 0. Box 818 Pearland, Texas 77581 Dear Mrs. Hickling, Officer Thadius Lew Lenderman has been assigned to the Brazoria County Task Force, effective May 1, 1983. Duration of this assignment should. be from three to five months. There is no change in rank or salary. Sincerely, 2337 NORTH TEXAS AVE. PEAR LAND, TEXAS 77581 Glenn S. Stanf Chief of Police Pearland Police Department GSS:1js CITY OF PEARLAND PERSONNEL STATUS CHANGE Date 4 .2_ Erik l ogee' s Name La t Department ?/ First) �$ 83 Middle Address Telephone No_ -Rate Insurance Bi -Weekly ' - Retirement Withholding Miscellaneous •_ Flet Salary Part Tine Position Social Security • Present Position Requested Position Present Longevity Requested Longevity ._ Present Salary ••,----.T./Requested Salary ACTIN; REQUESTED •.- 1: Change in Address 2. Change Of . Tele: No. 3. Change .of Name 4. Change in Marital Status 5- Change in Classification 6_ Change in -Sal ary • 7. Appointment. 8. Re -Appointment 9_ Re -instatement . ' •'- Effective Date: /- 4. 13 Explanation of Above Action (,./4,40,- 10. Reprimand Given 1L . Demotion on - 12. ' Suspension 13. .Dismissal 14. Resignation 16. Reduction In Torce 16. Transfer 17. Military Leave 18. Leave of Absence 19. Other ), . h fps 2;;; •- 5J r 4 ��c�,r� :SSS v,✓ r - J. 71/P j Submitted By •Aproved By LAW OFFICES f. LAY AND SNOOKS THOMAS F. LAY DANNY J. SNOOKS Pearland Civil Service Commission Pearland City Hall P. 0. Box 1157 Pearland, Texas 77581 May 12, 1983 817 E. 8OUTHMORE AVE. PASADENA. TEXAS 77502 TELEPHONE (713) 473.3308 Legal Services Rendered: Services from 2/7/83 thru 4/28/83 2/7/83 Telephone conference with Mary Hickling .2 2/8/83 Conference with Mary Hickling .3 2/28/83 Preparation of Letter - Telephone with Hickling .7 2/28/83 Telephone conference with Mary Hickling .2 4/4/83 Meetingin Pearland 1.2 4/5/83 Conference with Mary Hickling • .5 4/7/83 Telephone conference with Wickler - T/Mary Hickling .5 4/25/83 Preparation for Hearing 1.0 4/25/83 Civil Service Hearing (Garney) 9.0 4/19/83 Telephone conference with Mary Hickling .2 4/27/83 Telephone conference with Ron Wicker .3 4/28/83 Telephone conference with Mary Hickling .3 Total Hours 14.4 @ $75.00 per hour $1,080.00 CIVIL SERVICE COMMISSION - PEARLAND, TEXAS 5-6-83 DIRECTOR/SECRETARY'S REPORT ACTION REQUESTED REQUIRED DISCUSSION: ATTACHMENTS: AGENDA ITEM # 5.1 AGENDA ITEM # 5.2 AGENDA ITEM # 5.3 Copies of work statements for March, April and May. Written report of Police Discipline Seminar. 1983-84 proposed budget. page 3 of 5 Cuj of PeAlliond CIVIL SERVICE COMMISSION P.O. Box 818 • Pearlond, Texas 77581-0818.485-2411 April 4, 1983 Statement of Expense for the month of March, 1983 in the performance of Civil Service work. Hours: Mileage: 104.15 hours @ $6.00 212 miles @ .20 $ 625.00 42.40 TOTAL $ 667.40 Mory Kidding. Director Commissioners: Don Keller. that mon Gail Birdsong Roy Sonchez Directop/'of Civil Servi Personnel Coordinator CA (©rit1©in4 CIVIL SERVICE COMMISSION P.O. Box 818 • Pearlond. Texas 77581-0818.485-2411 April 28, 1983 Statement of Expense for the month of April, 1983 in the performance of Civil Service work. Mort' Hickiing, Director Commissioners: Don Helfer, Chairman Gait Birdsong Roy Sanchez Hours: 237 hours and 30 minutes @ $6.00 Mileage: 307 miles @ .20 TOTAL $ 1486.40 Directo Personnel Coordinator, Oity ot pwa alland CIVIL SERVICE COMMISSION P.O. Box 818 • Pearland. Texas 77581-0818 • 485-2411 Statement of expense performance of Civil Hours: 100 hours Mileage: 110 miles May 26, 1983 for the month of May, 1983 in the Service work. and 45 minutes @ $6.00 = $ 604.50 @ .20 22.00 TOTAL = 626.50 Non/ lidding. Director Don Choirmon God Birdsong Aoy Sanchez Personnel Coordinator J 0 u - 2 3 4 5 $ CIVIL SERVICE - 27 4000 1 . EXPENSE 4100 II Salaries & Wages 4120 Retainer TOTAL 4200 4203 18 11 12 13 14 . 15 18 19 20 21 22 23 .. - 24 25 --.� 26 27 28 29 30 2.:; � 33 34 36 37 38 39 40 4400 4401 4500 Supplies • _ Office Supplies TOTAL Mainf-enancP of F.trnipmPnt" Office Equipment TOTAL Miscellaneous Services -4511 4513 _4514 TraveL Expense- - - isi^ Special Services (legal) 4519 4524 4525, 4531 Subscription of �o o Mmhersb i p Telephone ptjnt4ng Postage Mileage TaTAL TOTAL. EXPENSES 3 11 Ib. l 1 00 .1 L ti 1 u5, 1. ii 1; t, 1 ; • 00 1 1 2 3 c✓ 4 9 10 11 12 13 14 15 ACTUAL ! 81-82 ESTIMATED 1 .BUDGET lr +1 82-83 83-84 5000 i CAPITAL OUTLAY 5571 18� 19 20 21 22 23 24 25 25 27 28 29 30 31 r7-32 32 33 34 36 38 39 40 Office Equipment TOTAL CAPITAL OUTLAY N M: 1 =KU IIMIN1111111111111111111111111111111 ■IIiilill! 1M 1111.E^ 111i11111i11111111i11111111 RIME 111111111111111111111111111111111111111 111111111111111111111111111111111 1111111 •(uii1111uii■in111 I 1111111111 11111111111111111 ■ I : 111 11111111111111111111111111111111111111111111111111 OMB Ell 11 1111RI11111® lini1i 111111i11I11111111 11111111111111n1n 1111111111111 111111111 ■111111 i 1111111111111 ■111111 11111111N1111=1111 1111111 111111111111111111111111 ,lIll'1 1111111111111111111111111111111111 1111111 ■111111 ■Ilial' 1111I111i11 ■1111111 ■1®111 ■Dili ■111111 ■111 11 ■I11®ii111111si1111� ■1iui111■1®i11111111111111111111111111 �� 1��1��1i1__ ■ 111111M 111111111111111111 ■ ■®1H1I1U111111111 ■11>®i11111.si11111111111 111 11 MN 111IIIniu1, 1 111.11111IU1 1 11111111111111111111111111111=11111111111 111111111111111111.11111111111111111 1111111111M11111111M11111111111 1111111111111111111111 11I11i11 1iininii111.1111111111inii1 ■® ®1Il Mi1Il1l1 111h116#1111m 11 May 9, 1983 Speaker : POLICE DISCIPLINE SEMINAR Joseph E. Scuro, Jr., attorney Nicholas and Barrera San Antonio, Texas Formerly - Legal Advisor, Ohio State Highway Patrol, Columbus, Ohio * VERY IMPORTANT - Negligence of training theory A department can not avoid litigation for disciplining an officer; the watch word is "accountability". T. DEPARTMENTAL LIABILITY: An internal type of jeopardy. Disciplinary action can result. A. Civil process works differently from Criminal process. B. Need to prove what couldn't be seen as well as what was seen. Example: Get statements from the people who didn't see the shooting, even though they were there. II. STATE CRIMINAL ACTION: Potential for prosecution for alleged violation of State Penal Code while on duty. Punishment, fine. III. STATE CIVIL ACTION IV. FEDERAL CRIMINAL CIVIL RIGHTS ACTION: Using color of authority to deprive person of rights. Can include maximum penalty of life imprisonment.(The more prepared you are, the more difficult it is to lose in court.) V. FEDERAL CIVIL RIGHTS ACTION: Referred to as 1983 actions. These are civil counterparts to Federal Criminal Civil Rights Actions. After police involved shootings, investigations need to be developed within 3-5 hours. Conduct the investigation while everything is still fresh. Don't wait until you've been sued. EXECUTIVE PREROGATIVES - A department does have the right to investigate an officer (departmental investigation). This does not mean an unbridled freedom. (See Bishop vs. Wood) In Garrity vs. New Jersey, the courts ruled that an officer being interviewed by internal affairs does not have the right to have an attorney present. Almost anything can be turned into a Constitutional issue; would be taken to Federal Court. THE CALIFORNIA RULE Dillenbeck vs. City of Los Angeles, and Grudt vs. City of Los Angeles, proved the following: Departmental Rules manual should show standard; speed, etc. Training manual is admissable in court for whatever reason, to demonstrate that there was some departmental care. The fact that the officer was disciplined was also admissable to jury. Not only is the above admissable; if you can establish that there was a violation of departmental standard, then there is a case for rebuttal, and the burden of proof is shifted to the defendant. Peterson vs. City of Los Angeles upheld Dillenbeck. The minute you discipline an officer, be prepared to answer: 1. Was he on notice? 2. Should he have been on notice? 3. Why did you wait for him to hurt someone? Departmental personnel records and internal affairs records are two entirely different things. Mr. Scuro doesn't recommend turning departmental files over to FBI. CIVIL ACTIONS - TORTS (Civil wrong doings) A. Intentional - Shows willfulness or conscious behavior. 1. False arrest 2. False imprisonment 3. Assault 4. Battery 5. Excessive use of force 6. Defamation of character 7. Intentional infliction of emotional distress B. Negligence - A breach of duty; cause and effect. No requirements for willfulness. 1. Discharge of a firearm a. May have been proper to draw the gun; negligence with regard to bystanders. b. May have been negligent to even draw the gun. 2. High speed chases ( pursuit driving ) 3. Using deadly. force. 4. Vicarious liability - negligent employment, training, retention, supervision/direction, assignment, entrustment. Supervision/direction means first line supervision; direction means departmental rules and regulations and/or special orders. May 10, 1983 Speaker: Emory A. Plitt, Jr. Assistant Attorney General General Counsel to the Departmental of Public Safety and Correctional Service Legal Advisor, Maryland, State Police Towson, Maryland Mr. Plitt stressed the importance of consistency. Without it, you achieve: 1. Loss of employee respect 2. Increasing employee turnover 3. Increasing arbitration going into final judgement 3 Department's should ask themselves if they are doing the following: 1. Setting standards and rules? 2. Monitoring standards and rules? 3. Investigating violators? 4. Receiving and processing complaints? 5. Designating someone to handle complaints? 6. Providing for temporary and emergency suspensions? 7. Designating someone who charges, hears and imposes discipline? Poor performance can be a cause for termination. Three cases have recently gone to court and stuck. Poor performance. cases are valid where the department has seen fit to impose disciplinary action with a series of disciplinary actions for poor performance. Be careful about disciplinary actions concerning the use of discretion. Mr. Plitt sees a need for a performance evaluation system, but it should be one that is tried and true, and does not create popularity contests. There are two. kinds of officers: regular folk and probationary. Permanent officers have property interest and liberty interest. 1. Property interest - A legitimate claim of entitlement to a government benefit (job) not created by Federal Constitution. (Does he have a claim to continued employment?; look at State, County, City Ordinances, etc.) 2. Liberty interest - Right of an individual to enjoy those privileges for the pursuit of happiness. You cannot take away a permanent officer's property rights without due process. REQUIREMENTS FOR DUE PROCESS: I. NOTICE ( of intended action ) a) specific charge - what rules has he allegedly violated? b) a brief statement of fact that puts the officer on notice as to why the action he/she took was a violation. 4 c) Time and place of hearing. II. HEARING STAGE a) Burden of proof - the department must prove b) Representation - right to an attorney c) Witnesses/cross examination d) Defense The officer has a right to an independant fact finder. (None of the participants can sit in on judgement) He is entitled to written findings of fact; conclusions of law. In terms of penalty, he is entitled to offer mitigation on the penalty before the penalty is imposed. He is entitled to testify at his own disciplinary hearing. Fundamental fairness is what due -process is all about. Probationary officers have no rights to continued employment because they don't have a property interest in their job as yet. The only exception to that is if you impose a stigma to his/her name in the firing process, then the officer has a right to clear his/her name, and they have a right to put their own version of what happened in their file. When the reason for the discharge becomes public, the stigma is attached. What rights does an officer keep and/or lose when he becomes a police officer?.... They surrender speech and association. (See October 1982 issue of FBI Law Enforcement Bullitin) Many, many officers will claim that their first amendment right to free speech has been violated. A department can regulate speech. When an officer claims this, ask yourself: (the following is a test to determine whether an officer's right to the first amendment has been violated) 1. Is the conduct criminal? You can insist that your employees obey the law. 2. Does the conduct raise a reasonable inference that the employee will be unable to handle sensitive or confidential material? (example - homosexuals) 3. Is the conduct likely to cause damage to the public's confidence in the law enforcement agency? (could be caused by speech) 4. Does the conduct raise a substantial question as to the employee's mental or emotional stability? 5. Is the conduct likely. to cause a disruption in the work force, or a lowering of employee morale? (could be caused by speech) 6. Will the conduct impair the future ability of an officer to aggressively or objectively complete his work assignments? (alcoholism) Substantive Rules of Conduct should meet changes in the law, and/or government, and should be in an on-going continual review. They should include the following: 1. Should eminate from policy. 2. Should be written in positive, not negative form. 3. Good rules should be specific. 4. Good rules should be enforceable. 5. Good rules should be reasonable and fair in their requirements. 6. Every rule should have uniform interpretation and application. 7. Rules should be rescinded when they no longer serve any use. To avoid liability, it helps to: 1. Document; make a record (tape record all disciplinary actior. 2. Institute a system to review all rules and regulations, and keep up with the changes in the law. 3. Have an in-service training on discipline. 4. Take a look at your expectations of your first line supervision. 5. Take a look at your due -process procedures. 6. Get an attorney. Discipline is moving up on the shopping list of collective bargaining. CIVIL SERVICE COMMISSION - PEARLAND, TEXAS 5-6-83 EXECUTIVE SESSION: ACTION REQUESTED REQUIRED DISCUSSION: ATTACHMENTS: page 4 of 5 AGENDA ITEM # 6.0 CIVIL SERVICE COMMISSION - PEARLAND, TEXAS 5-6-83 OTHER BUSINESS: ACTION REQUESTED X REQUIRED DISCUSSION: ATTACHMENTS: page 5 of 5 AGENDA ITEM # 7.1