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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: SUBMITTED: C: . - - , • - . -_ - , y �/ plc,. Con l,'Nj Cciti e?L.