Excerpts from the Civil Service Commission Meeting of 2/22/2006 pertaining to the FD

Tim Smith
Local 801 - Political Action/Legislative Committee

Commissioner Frank Caracansi called the meeting to order due to Chairman Michael Finn’s absence. In attendance were Commissioner Geraldine George, Corporation Counsel Rick Gottschalk, Chief Examiner John Whitcomb, and Pam Evanuska, city employee.

NEW BUSINESS:

Fire Dispatcher

The Commission reviewed the candidates that applied for the promotional position of Dispatcher in the Fire Department. Six candidates applied. Candidate Walter Arteaga has not met the requirement of five years of working in the Fire Department. He will not be able to move forward and participate in the promotional exam. The other five candidates meet the requirements.

Correspondence from Firefighters’ Union

Commissioner Caracansi discusses the letter received from the Firefighters’ Union on February 15, 2006. Commissioner Caracansi read the letter into the record. A copy of this letter is attached. Chief Examiner Whitcomb states that until a specific incident occurs, the Commission should not make any ruling in advance. Commissioner Caracansi does not believe they are required to offer any explanation as to what the Civil Service Rules state. Chief Examiner Whitcomb agrees with Commissioner Caracansi that they are not required to give an explanation. Chief Examiner Whitcomb states that the Firefighters’ Union has been helpful and cooperative and feels the Commission should answer their request.

Commissioner Caracansi asks if Corporation Counsel Rick Gottschalk has any comment regarding the letter. Corporation Counsel Gottschalk reviewed the letter and reviewed the Civil Service Rules. He believes the language is very clear. It is taken word for word from the state statutes. Corporation Counsel Gottschalk said it gives authority to remove names from a list. It is permissive language by using the word “may” rather than “shall.” Corporation Counsel Gottschalk does not know what the Commission’s past practice has been but they are not bound by any approach they may have taken in the past.

Commissioner Caracansi asks Corporation Counsel Gottschalk if the Commission is required to respond to the letter. Corporation Counsel Gottschalk states that the Commission is not required to respond to requests for interpretation. The Commission may respond if they choose to. It’s not an FOI request.

There was more discussion regarding whether or not names have been removed from Eligibility Lists. No one on the Commission recalls ever removing a name.

Commissioner Caracansi states that with the absence of Chairman Finn, it might be best to table this until there is a full Commission available to discuss it. Commissioner Caracansi makes this motion and asks that this be placed on the Agenda for the next meeting. Commissioner George seconds it. The motion passed unanimously.

Adjourn

Commissioner Caracansi makes a motion to adjourn. Commissioner George seconds it. The motion passed unanimously.