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08-14-2001 - Special Meeting - Minutes• MINUTES SPECIAL JOINT MEETING OF THE WEST COVINA CITY COUNCIL AND THE PERSONNEL COMMISSION August 14, 2001 The special meeting of the West Covina City Council with the Personnel Commission was called to order at 7:35 pm in the Management Resource Center, Room 314, at City Hall, 1444 W. Garvey Avenue, West Covina. Mayor Wong led the Pledge of Allegiance. ROLL CALL City Council: Mayor Wong, Mayor Pro Tern Touhey, Councilmembers: Herfert, Miller. Sanderson Personnel Commission: Chairman Azpeitia, Vice Chairman Heieck, Commissioners: Nance, Zeller Absent: Commissioner Valesquez Others Present: Chung, Fields, Fox, Stanley, Gardner, Adams, Urban, Berry PUBLIC COMMENT ON ITEMS ON THE AGENDA Emma Fischbeck Emma Fischbeck, 130 S. Barranca Street, wondered about the purpose of the meeting when the duties and responsibilities of the commission are spelled out in the Municipal Code book. In relation the matter of whether or not the Personnel Commission should give advise to employees, it was her opinion that the Commission should give advise or make recommendations only to the City Manager and the Personnel Director. Wayne Heieck Wayne Heieck, 1313 W. Sunkist, believed it was good govern- ment for the City Council to meet with the Commission. ITEMS FOR DISCUSSION Personnel Director Fox gave an overview of the Personnel Commission's governing authorities and general responsibilities. She referred to the handout, which included portions of the Municipal Code that addresses the Personnel Commission as well as the City Manager portion regarding Personnel Officer duties. Councilmember Herfert suggested that the Personnel Commission review the Municipal Code sections relative to the City Manager and made recommendations as to updates and revisions. City Attorney Adams recommended that since the City Manager portion of the Municipal Code was enacted through the initiative process that particular portion should be reviewed by the City Attorney's Office and the City Attorney would present available options. Commissioners Heieck and Azpietia expressed concern that Com- mission recommendations were not accurately reflected in past staff reports to the City Council. Discussion followed. Personnel Director Fox stated that to alleviate that concern, the Com- Council Minutes of 8/14/01 mission's recommendations would be segregated in the staff reports and reviewed by the Commission Chair prior to printing. Commission Zeller asked for Council direction as to the Com- mission's authority or responsibility when employees, former or current, come to the Commission to complain, vent, or ask for . advice. Discussion followed. City Attorney Adams stated that employees shouldn't be coming before the Personnel Commission outside the "process" (such as the grievance process). It could put the Commission in a prejudicial spot if they were to hear an employee at one meeting when later on they could be sitting in the quasi-judicial mode during a grievance procedure involving that same individual. Council voiced opposing views on the issue of the Commission's responsibility in receiving comments from employees, giving guidance, and/or informing the City Council. No consensus was reached by the City Council, therefore the handling of such situations shall be held on a case -by -case basis. Discussion ensued regarding proper reporting procedures for an employee who claims hostile working conditions and, in particular, whom to report to when the complaint is against the City Manager. The Personnel Director and the City Attorney clarified state and Federal law, noting that the City of West Covina does not have a complaint procedure for Departments Heads, but the City does have an anti -harassment policy. For Department Heads, civil remedy appears to be the only recourse available as they are "at - will" employees. Further discussion ensued regarding due process, time frames, state law and administrative remedies, etc. The Commissioners asked for a determination as to whether or not they are to permit current or past employees to address the Com- mission on a problems or complaints. After discussing various situations that could come up, there was no concurrence on any one set of responses. There seemed to be agreement that the Commission should encourage employees to go through the administrative remedies already in place. Councilmember Sanderson requested a copy of the City's grievance procedures. Another discussion ensued regarding the interaction between the Commission and City staff versus the similarities and differences between the City Council and City staff. This discussion included agendizing items, noticing options, Brown Act requirements, etc. Councilmember Miller suggested that staff place a notation on the bottom of the Commission's agenda that indicates why a certain subject matter is not on the agenda for that evening even though the Commission had requested it at the previous meeting. The question was raised as to whether the Commission should instruct staff to "go fix" or "take care of an employee coming before the Commission with a complaint about the City's third • party administrator, or a disability matter, etc. Commissioner Zeller sought a determination from Council as to what exactly are the responsibilities and jurisdictions of the Commission versus what the Commission needs to defer to staff. 2 Council Minutes of 8/14/01 Recess Mayor Wong called a recess at 9:30 pm to allow time for a changing of the videotape. The Council was called to order again at 9:40 pm. Discussion ensued regarding funds for commissioners to attend conferences and training are located in the budget and the Commission was encouraged to seek additional funds from isCouncil if the current amount wasn't enough. ADJOURNMENT Motion by Herfert and seconded by Sanderson to adjourn the special joint meeting at 9:50 pm. Motion carried 5-0. �- Attttest: ',,City. Clerk Janet Berry • 3