1984-05-15 CIVIL SERVICE COMMISSION REGULAR MEETING MINUTES.MINUTES OF THE REGULAR MEETING OF THE CIVIL.SERVICE COMMISSION OF
THE CITY OF PEARLAND, TEXA5 HELD ON MAY 15, 1984, AT 7:00 P.M. IN
THE CITY SERVICE CENTER, 3501 E. ORANGE, PEARLAND, TEXAS.
The regular .meeting was called to order with the
following members present:
Dan. Keller - Chairperson
James Gilbert -Vice Chairperson
Gail Birdsong - Commissioner
Mary Hickling - Director
****
APPROVAL OF MINUTES
Chairperson Keller declared the minutes of the April ll, 1984
meeting to be approved as ammended. The Commission agreed.
ACTIVITY
The Commission received as information, a statement of hours
worked for the month of April,by Director, Hickling.
Commissioner Gilbert made the motion, and it was seconded by Keller,
that prior to employment with the Pearland Police Department,-and
prior to promotion in the Pearland Police Department, a complete
physical shall be conducted by the physician selected by the
Civil Service Commission. That physician shall be Dr. Marvin I.
Brook of the Doctors Center Building or his associate. The medical
examination shall occur for permanent classified employees no less
frequently than every 24 months, within 30 days of their anniversary
date or within 30 days of promotional physical examination. The
physical shall include the following
1. Medical History 10. Urinalysis
2. Vital Signs 11. Complete Blood Count
3. Audiometry 12. SMAC
4. Spirometry 13. Physician's exam and
5. Visiometry consultation
6. Tonometry 14. Administrative Services
~^ 7. ECG with interpretation
8. Stress EKG with interpretation
9. Chest X-ray with interpretation
r^t
The motion carried.
Chairperson Keller made a two-fold motion that (1) Director Hickling
and Chief Stanford request TCLEOSE to schedule a departmental
evaluation, to formulate evaluation forms for the police department
at their earliest convenience, and (2) that in the .meantime, the
Commission pass the Corpus Christi forms and procedures through
Mr. Lay's office for suggestions of approval and/or format changes,
and that on receipt of his recommendations that the Pearland Civil
Service Commission adopt those forms and procedures until the
recommendations from TCLEOSE are finalized. Upon adoption of Mr.
Lay's recommendation, the Pearland Civil Service Commission would
require evaluation of every classified officer in the department
within 30 days, The motion was seconded by Commissioner Birdsong.
Motion carried.
The next regular meeting will be scheduled for June 12, 1984.
ADJOURN
The meeting was adjourned at 8:12 p.m.
Minutes approved as submitted and/or corrected this the
day of June, A.D., 1984, by Mary Hickling, Director.
t
LAW OFFICES
LAY AND SNOOKS
THOMAS F. I.AY
DANNY J. SNOOKS
The City of Pearland, Texas
Civil Service Commission
P. O. Box 818
Pearland, Texas 77581
May 29, 1984
Attention:. Mrs. Mary Hickling, Director
817 E. SOUTHMORE AVENUE. SUITE 400
PASADENA. TEXAS 77:502
TELEPHQNE (713) 473.3308
Re: Semi-Annual Efficiency Reports
Dear Mrs. Hickling:
You have asked us to give the .Commission an opinion on the effect
of Article 1269M, Section 14C, which states as follows:
"The Commission may formulate proper procedure and
rules for semi-annual efficiency reports and grade of each
~--,, member of the policy or fire department. If the Commission
compiles efficiency ..reports for members. of the police or
fire department, the Commission shall provide a copy of
the member's efficiency report to the member."
In Jaynes v. Lee, 306 S.W.2d 182, it is stated: "Statutes and rules
are permissive or mandatory, governed by the intent of the Legislature, Congress,
or the governing body that enacts the statute or promulgates the rule. When
the intent clearly indicates that the word 'shall' as used in such statute or rule
was intended to be mandatory, then it is clearly inconsistent with any idea of
discretion and is mandatory."
The same can be said in looking at the word "may". If it is the intent
of the Legislature that the word "may" shall be permissive, then it would be
inconsistent with any idea of it being mandatory, and it would be discretionary.
There are many sections of the Civil Service Statutes which use the
word "shall" and it is our opinion that in each case this indicates that this par-
ticular action is not discretionary, but is mandatory and was so intended by the Legis-
lature. Section 14C says the Commission may formulate proper procedures, Section
5A says the Commission "may make investigations concerning and report upon all
matters of, etc." The use of the word "may" in Article 1269 seems in each case to be
a matter of discretion for the Civil Service Commission or the City Council. It is not,
in my opinion, mandatory that you make efficiency reports for the police department.
If you choose to require`efficiency reports you have the power to do so under Section
14C. The use of the word "shall" in the second part of this section indicates that it
r"~ would be mandatory. for you to furnish a copy of the report to the member involved.
Pearland Civil Service Commission
Attention: Mrs. Mary Hickling
May 29, 1984
This follows the reasoning outlined in the case of City of
Wichita Falls v. Harris 532 S.W.2d 653, which considered these points
in connection with Section 5A of the Act. The Court held that when
the Legislature used the word "may" in the introductory phase of this
section, and the word "shall" in regard to inspections, then the intent
of the Legislature becomes plain. The part preceded by "shall" becomes
a mandatory requirement.
This case further stands for the proposition that. the Civil
Service Commission is not authorized to construe a .statute, or an
ordinance, or decide a question which is purely one of law. This requires
the Commission to follow the words of the statute without construing
its effect. Therefore, it is our belief that the ;:rovision "may" formulate
procedure for semi-annual reports is permissive; however, it is permissive
for semi-annual reports only and does not include the right to require
annual, quarter-annual or reports at any other interval.
Once the Commission is given the authority to take an action,
then the action the Commission takes is examined under the provisions
of constitutional authority to determine whether or not the action can
be upheld. Any requirements of the Commission must not be made
as a matter of fraud or in bad faith, or of arbitrary or capricious action,
and if the regulations are fair and reasonable, then they will probably
be upheld by the Courts.
This should .cover the questions as submitted, and if there
are any further points you would like clarified, please let me know.
Yours very truly,
Thomas F. Lay
TFL/em
Page 2
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x CMl SERVICE COMMISSION
P.O. Box 818 • P~orlond, Texos 77588-0818 • (713) 483-Q411
June 12, 1984
Statement of expense for the month of May, 1984 in the performance
of Civil Service hours ~torked.
77 hours @ $7.00 $ 539.00
326 miles @ .20 ~ 65.20
-Total $ 604.20
~'
~.
~~~~:
~~
~~
~. -
f ~ ~ 0041. GEt~iERAi, FUND
? 2274 CIVIL SERVICE
ACl .'f ~'iTLE
3100 SALARIES b iJA6ES
31~ ryRE?AI~R
TOTAL
4200 SUPPLIES
X203 ,~ O~fICE SUPPLIES
4233 ifISCtLUaNEOUs .
1DTAL
4440 MAIhtTF7~ANCE OF EQtiiP~NT
5441 -F,~iNiTURE b OFFICE EQUIPMENT
TOTAL
.•5500 MISCELLANEOUS SERVICE
5 7RAVEI. EXPENSE
5507 AD;t£RTISING 8 F~1BLiC NOTICES
5511 5?ECi?~L SERVICES
5512 SPECIAL TRAINING
5513 BODK & PERIODICALS
5514 MI?48ERS!iIP
5.519 TELEPNUNE
5524 FRIG.?ING
5525 POS*AGE
5531 MILEAGE
TOTAL
TOTAL EXPENSES
6500 CAPITAL OUTt~Y
--------------
OFFICE EQUIPMIM
TOTAL CAPITAL OUTLAY
TOTAL
' d3-84 ~''~
ACTUAL ----------- ---------------- F~ROPOS£D ~-
82-83 ESTI1lATED BUDGET 84-~
7811 11000 11000
7811 11000 11000 0
61b 500 600 (~O a
0 d44 1004 ~'p d o - Testn9 Se.r~i c~-
bib 1300 5600. tto C 0
152 140 100 _ 1 ~ o
152 100 100 t O 0
2123 2040 2000 ~pd0 .
767 3000 1004 3 00 0
1805 3040 5000, ~ 9o a ~ AtT'TO t~-N ~ ~
0 ~ ,~ ~,aoa - 5c..1~o:d ~ S -.
. i 8 m 0 - r~rf ~~cr'v~~'tar~~~
1164 500. 1000
~ 0 4 ~ - ~'"M I''
21 50 1G4 t ec
428 504 500 6"0 0
112 200 15~ aoo
240 34G 304 t, pp
---------
bb45 ---------
1004 ---------
11050 132 -- ~„
?D
15224 22450 23750 25"Q ~~
344 0 0 -
344 0 0 0
15528 22450 23750 4
-------- --------- - ---- -
h~
W HIN #) CALANDER DAYS OF THE
ea and every classified
eval ed by
~ RECEIVED MAY 1
~.~..
PASSAGE OF E by t of Pearland
yee of a Pearland Police Departmen be
z pt c.r~. o N~
CLASSIFIED MEMBERsOF THE PEARLAND POLICE DEPARTMEP~T SHALL BE
EVALUATED FOR PERFORMANCE •
9 tTw~t~T
A. INITIALLY--Within 30 calander days of the passage of this rule by the •
Pearland Civil Service Commission O~ ~~ ~~
B. SUBSEQUENTLY E~R--Within (180/360) calander days of the date of in- r ~tt~
itial evaluation, using the date of signature of 1st Level Supervisor as T• 1~ h y •
the date of time lapse, and within ~X~p1/,3~~j/¢f/~~i~~/ each (180/360) calander = j 2 " ,
day period subsequent to the last evaluation date, each and every ¢~~i¢~~d •
classified emplo ee f th Pearland Police Department shall be evaluated r• ,RM1~~~
,~ ~ ~.•~.~E ~viL~.s ~r /NIS
C. FORMS--For trr~ of such evaluation shall be those formally adopted and pre-
scribed by the Pearland Civil Service Commission. Such forms shall be pre- OR ~11lt~
pared in triplicate with distribution as follows, ~~~ dx
~~~ 0 1. ORIGINALshall~,~ forwarded to -the Director of Civil Service within 15 T
S ~ cal anger days ~,y the date of signature of 1st l evel supervisor /~e d S • .
'~~ 2. FIRST ORIGINAL COPY shall be retained~y the department/in a file desig-
~, Hated by the CHIE~ OF POLICE/in a file designated by the CITY MANAGER etc.)
3. THIRD ORIGINAL'S ~a~I1 be placed in the hands of the classified employee
within fifteen calander days ~e~F the date of signature of 1st Level Super-
vi sor. Vs' ~ ~f~A,~(~It T~
D. COMPLETION OF FORMS shall inclued
0 1, a ledgible response to each and every inquiry on the form by both 1st
LEVEL AND SECOND LEVEL SUPERVISORS
2. In those areas of the form which call for optional narrative commentary
the appropriate supervisor shall either
a. Print appropriate comments or,
b. Notate the letters "N.A." signifying non-applicability
E. EXCEPTIONS TO SCHEDULED DATES OF COMPLETION OF PERFORMANCE EVALUATION. FORMS
1. PROMOTIONS--If no Performance Evaluation Form has been compleeted within
(30/60/90/120/150/180/210/280/2S0/390/3a0/3~0/~~~) calander days of the
effective date of the covered employees promotion a Performance Evaluation
Form shall be completed on such employee and the date of the signature of
the 1st LEVEL SUPERVISOR thereon shall establish the new time lapse guide-
line date. Such Performance Evaluation Form shall be completed and is due
completion in accordance with foregoing schedule.
2. NEWLY HIRED CLASSIFIED EMPLOYEES shall be evaluated and Performance Evalu-
ation Forms shall be completed not less thanE_~
times at equally spaced intervals during their probationary period.
The d to of the signature of the 1st Level Supervisor s~b~ within 30
*subsequent)days* the probationary period completion date. Thereafter, that date
shall be the time lapse date used as guide for preparation of subsequent
Performance Evaluation Forms. ~~ • << ~
S , ~ o Q~~3 ER~oluNwr~~, ~~rpluaT~oH I~Rwt...
sTrrrv ~ IwPi Y ~
3.
RECEIVED MAY 2 1 1984 ~A
~~.~ (2 )
3. CLASSIFIED EMPLOYEES WITH REPORTING RESPONSIBILITY DIRECTLY TO THE CHIEF OF
POLICE--Shall be evaluated by the Chief of Police in conformance with schedules
and guidelines afore stated, with .this exception, ( The Chief of Police shall
be the only evaluator and shall sign on the space designated as "Ist Level
Supervisor" on the Performance Evaluation Form'/ shall be 1st Level Supervisor
and the City Manager shall be the 2nd Level Supervisor)
NOTE: UNDER PARA.C. (FORMS) WE SHOULD MENTION THAT THERE ARE TWO FORMS, ie.
4. Seperate forms shall be used for the evaluation of Supervisory and Non-
Supervisory employees. For the purposes of this rule, a Supervisory Employee
is one who is assigned responsibility for the performance of at least one
other employee except during training, whether or not the employee for whom
he/she is responsible is a classified employee.
~/
NOTE#2: UNDER PARA. E. (EXCEPTIONS.....) WE SHOULD CONSIDER THE SITUATION WHEREIN
A CLASSIFIED EMPLOYEE HAS BEEN. MADE. RESPONSIBLE FOR THE PERFORMANCE OF NON-
CLASSIFIED EMPLOYEES:
1. Should a classified Employee be assigned such. responsibility?
a. If not,.. can we so stipulate same within our rules?
Logically, the only. alternative is to mak such dept. employees the
direct responsi bi 1 i ty of the Chief ~'~Col~~~~ E~`~~"rt~K
,~-~ b. I f so
1 that supervisory, classified employee should ~~~M~~X
(a) be directed by the Commission to not use Commission adopted forms
for such evaluations and,
(b) to utilize such forms as are adopted by the city for non-classified
employee evaluations.
e