HomeMy WebLinkAboutJFMC JANUARY 3,2019 CITY OF JEFFERSONVILLE
FIRE MERIT COMMISSION
The Jeffersonville Fire Merit Commission held a Regular Meeting on
Thursday, January 3, 2019 in the first floor Council Chambers, 500
Quartermaster Court, Jeffersonville, IN.
Patricia Barrow— President
Thomas Spalding — Vice President
Sam Smith — Board Member
Bernie Horvath — Board Member
James Dyson— Board Member
Connie Conen — Recording Secretary
CALL TO ORDER:
Ms. Barrow called the meeting to order at 6:10. Mr. Horvath was absent.
Mr. Spalding made a motion to approve the minutes of the 12/6/2018
meeting; Mr. Dyson seconded — it passed unanimously.
BUSINESS:
Ms. Barrow noted that the Board's previous lawyer, Nathan Masingo had
stepped down and it was understood that Mr. Merkley had authorized the
hiring of Mr. Zack Stewart as the Fire Merit Commission Attorney.
Mr. Stewart was introduced and gave a short narration on his background.
He currently works in Larry Wilder's office and sees his role as providing
legal advice to the Commission. He was co-council on a police merit case
and has participated on a City Council case. Has a background in Criminal
Law.
Ms. Barrow stated that that in the past the Commissioners had interviewed
and voted on a Merit lawyer; so it was a surprise when Mr. Stewart was
hired; she graciously welcomed him. Mr. Hurt questioned the type of law
that Mr. Stewart practiced; Mr. Stewart restated Criminal.
Mr. Merkley mentioned that he had 20+years as a City attorney and had no
Merit experience. He went on to state that whenever the Merit Commission
makes a decision; the Legal Department will be involved if it becomes a
case. He felt that some of the past legal decision may not have been made in
the best interest of the City.
Mr. Hurt asked about Executive Sessions and if they would still be ongoing.
Mr. Merkley answered that no, not the way that they had been held in the
past but may be held with the appropriate notice.
Chief Hedrick sent a notice regarding promotions for 2019. Ms. Barrow
stated that the Chief had sent out his promotion list prior to the Commission
providing the lists. The Chief had "changed" the original list based on a new
seniority percentage that had not been approved.
Mr. Hurt stated that the Fire Department thought that the change in regards
to seniority had been voted on and approved. The Union voted on it but
apparently the Commission did not. He did remember asking that the issue
be tabled until he returned from overseas — but it was never brought up
again. Based on the proposed change only one employee would be affected.
The top 3 in each rank would normally be chosen for promotion.
A general discussion continued with Mr. Kaskie stating that the Chief
thought the original promotion list was wrong because the % was not correct
(based on what he thought had been voted on). Mr. Merkley reiterated that
Fire Fighters thought that there had been a change to the rules — but it was
never done? Mr. Hurt stated that the Chief can make any recommendations
no matter how the ranking on the certified list is. Ms. Barrow noted that in
voting for a promotion, the Commission is trying to be fair to all Fire
Fighters and one of the Fire Fighters on the top of a promotion list has a
pending legal issue and the Commission would like to speak with the
attorney before proceeding.
Mr. Hurt asked that the issue of"time in service %" be discussed and voted
on at the next meeting — understanding that this would not affect the 2019
promotions.
Mr. Stewart will set an Executive Meeting on 1/10/2019 at 5:30 with an
Open Meeting to follow at 6:00 to deal with the 2019 promotions.
Mr. J Elliott asked:
"Was a new lawyer voted on?' Mr. Merkley— No
"Did the City Attorney interview any other lawyers?" Mr. Merkley— No
If the Merit Commissions rules had been followed, there would not be this
issue. He feels that he was robbed of an opportunity to be considered as the
Commission's lawyer.
ADJOURNMENT:
Mr. Smith made a motion to adjourn; Mr. Dyson seconded. The meeting
was adjourned at 6:45
Upcoming Meeting:
January 10, 2019 - 5:30 Executive, 6:00 Open Meeting
February 7, 2019 - 6:00 Open Meeting
APPROVED:
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