MINUTES CITY OF OMAHA PERSONNEL BOARD - REGULAR …

[Pages:16]MINUTES

CITY OF OMAHA PERSONNEL BOARD - REGULAR MEETING OMAHA/DOUGLAS CIVIC CENTER, LEGISLATIVE CHAMBERS 1819 FARNAM STREET, OMAHA, NEBRASKA THURSDAY, JUNE 30, 2005, 9:00 A.M.

MEMBERS PRESENT: MEMBER ABSENT:

DAVID CULLAN, CHAIRPERSON DEBORAH KEATING, VICE CHAIRPERSON TIMOTHY HOFFMAN, REGULAR MEMBER JANE ALSETH, REGULAR MEMBER TERRENCE COLEMAN, ALTERNATE MEMBER

ETHEL HILL WILLIAMS, SECRETARY

AMONG OTHERS PRESENT: CECIL L. HICKS, JR., PERSONNEL DIRECTOR BERNARD IN DEN BOSCH, ASSISTANT CITY ATTORNEY MAUREEN GUILFOYLE, RECORDING SECRETARY

ELECTION OF OFFICERS

MOTION by Keating, second by Hofman, to lay over the election of officers to the July Personnel Board meeting.

Voting: Aye: Keating, Alseth, Coleman, Hoffman, Cullan

MOTION carried 5-0

ADMINISTRATIVE

APPROVAL OF MINUTES: MAY 26, 2005, REGULAR MEETING

MOTION by Keating, second by Alseth, to approve the minutes of the May 26, 2005, regular meeting.

Voting: Aye: Keating, Alseth, Coleman, Hoffman, Cullan

MOTION carried 5-0

REQUEST FOR APPROVAL TO HIRE ABOVE THE MINIMUM

MICHAEL SCHONLAU, GIS COORDINATOR (E STEP)

Scott McIntyre, Public Works Department, spoke in regard to this request. He stated Public Works Department representatives interviewed six candidates for the GIS Coordinator position, and Michael Schonlau was offered the job at the E Step, approximately $72,500 a year. Mr. McIntyre stated that amount is below Mr. Schonlau's current salary. He stated Mr. Schonlau was the superior candidate of those who were interviewed and the only candidate with experience in this position and as a GIS coordinator.

MOTION by Keating, second by Coleman, to approve hiring Michael Schonlau above the minimum at Step E.

Voting: Aye: Keating, Alseth, Coleman, Hoffman, Cullan

MOTION carried 5-0

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Minutes, June 30, 2005

REQUEST FOR APPROVAL TO HIRE ABOVE THE MINIMUM

MARCELA KEIM, ATTORNEY (C STEP) MAKAYLA MACLIN, ATTORNEY (C STEP)

Marty Conboy, City Prosecutor, Law Department, spoke in regard to these requests. He stated these attorneys were hired approximately a year ago as provisional employees. During that time, they advanced to the B Step and are due to go to the C Step in the next month. Mr. Conboy stated they are now being hired as full-time classified employees and it would be unfair to them to make them start over at the A Step, and, as a result, he asked that Ms. Keim and Ms. Maclin be hired above the minimum at the C Step. Mr. Conboy stated the jobs are already in the budget.

MOTION by Keating, second by Coleman, to approve hiring Marcela Keim and Makayla Maclin above the minimum at Step C.

Voting: Aye: Keating, Alseth, Coleman, Hoffman, Cullan

MOTION carried 5-0

MOTION by Keating, second by Alseth, to add Addendum Item III (Request for Approval Amendments to Chapter 23 of the Omaha Municipal Code) to the agenda.

Voting: Aye: Keating, Alseth, Coleman, Hoffman, Cullan

MOTION carried 5-0

REQUEST FOR APPROVAL AMENDMENTS TO CHAPTER 23 OF THE OMAHA MUNICIPAL CODE

Mr. Hicks explained that the City Charter was recently reviewed and a number of changes were recommended, including changing the name of the City Personnel Department to the Human Resources Department and the Human Relations Department to the Human Rights and Relations Department. These proposed changes were put on the ballot of the May 5, 2005, elections and the changes were approved by the voters. Chapter 23 of the Omaha Municipal Code deals with the Personnel Department, and the Personnel Board must approve any changes to Chapter 23. Mr. Hicks asked the board to approve changing all references in Chapter 23 to the Personnel Department and Personnel Director to the Human Resources Department and Human Resources Director.

MOTION by Keating, second by Alseth, to approve the amendments to Chapter 23 of the Omaha Municipal Code.

Voting: Aye: Keating, Alseth, Coleman, Hoffman, Cullan

MOTION carried 5-0

OLD BUSINESS

APPEALS

BURTON, James (appeal laid over) MISKIE, Keith (appeal laid over) SOMMER, Sean (appeal heard today; see below) CHAPMAN, Deb (appeal laid over) DESANTI, Anthony (appeal laid over) JOHNSON, Douglas (appeal laid over) SMOLKO, MaryAnn (Molly) (appeal laid over)

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Minutes, June 30, 2005

RUBEK, Dick (appeal laid over) HUGHES, Terry (appeal withdrawn)

NEW BUSINESS

HALBLIEB, Michael (appeal laid over) CLARK, Bobby (appeal laid over)

SOMMER, Sean

Bernard in den Bosch, Assistant City Attorney, represented the City and attorney James Cann represented Sean Sommer. On February 12, 2005, Police Officer Sean Sommer was terminated for violation of Omaha Police Department Standard Operating Procedures, Administration, Volume I, Personnel Section, Rules of Conduct, Chapter 1-Section 7, Criminal Law Violations by Police Department Personnel, page 116; Omaha Police Department Standard Operating Procedures, Administration, Volume I, Personnel Section, Rules of Conduct, Chapter 1-Section 1, Conduct Unbecoming an Officer, page 112; and Omaha Police Department Standard Operating Procedures, Administration, Volume I, Rules of Conduct, Chapter 1-Section 16, Neglecting to Pay Just Indebtedness Within a Reasonable Time, page 119.

Witnesses called by Mr. in den Bosch:

1. Sgt. Kurt Stroeher, Bellevue Police Department 2. Edward Finn, State of Nebraska, Adult Protective Services 3. Sgt. Gerald Baggett, Omaha Police Department 4. Chief of Police Thomas H. Warren

Witnesses called by Mr. Cann:

1. Sean Sommer, Appellant 2. Officer Carol Walker, Omaha Police Department 3. Officer Joseph Sanchez, Omaha Police Department

Exhibits in the appeal of Sean Sommer:

1. Police Union Local 101 Contract 2. Personnel Board Packet, Sean Sommer 3. Bellevue Police Department Incident Form, Case #035613 4. Offered, Not Received 5. Offered, Not Received 6. Sworn statement of Rosette Johnson, 12/26/03 7. Offered, Not Received 8. Offered, Not Received 9. Bellevue Police Department Statement, Julia Brekel, 12/3/03 10. Statement of UPRR earnings 11. Fax from Missouri River Title with closing information 12. Copy of Deed of Trust 13. Federal Truth-In-Lending Statement 14. Letter to Frank Peters, 5/23/03, from Flagstar Bank 15. Letter to Frank Peters, 6/23/03, from Flagstar Bank 16. Sommer bank statement, 11/1/03 to 11/30/03

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Minutes, June 30, 2005

17. Copies of checks dated 3/5/05, 3/4/03, and loan notes 18. Retail Installment Contract, 3/24/03 19. Vehicle title and registration detail, 4 pages 20. Fax from Sarpy County Attorney with criminal complaint, 5/04 21. Nebraska Health and Human Services Letter, 2/25/04 22. Not Offered 23. Midlands Hospital Emergency Physician Record, 12/2/02 24. District Court Opinion and Order, 12/20/04 25. Receipt of payment 26. Records subpoenaed from Nebraska Furniture Mart 27. Omaha Police Department Internal Information Report, 12/15/03 28. Omaha Police SOP, Administration, Vol. 1, Personnel, Rules of Conduct, Chapter 1, Section

1, Conduct Unbecoming an Officer or Employee 29. Omaha Police SOP, Administration, Vol. 1, Personnel, Rules of Conduct, Chapter 1, Section

7, Criminal Law Violations by Police Department Personnel 30. Omaha Police SOP, Administration, Vol. 1, Personnel, Rules of Conduct, Chapter 1, Section

16, Neglecting to pay a just indebtedness within a reasonable time 31. Sommer letter to Sgt. Novotny, 3/11/04 32. State Statute 28-386, Knowing & intentional abuse of a vulnerable adult 33. Videotape of conversation with Frank Peters 34. Not Offered 35. District Court Order, 6/3/05 36. Not Offered 37. Sean Sommer's Payroll Register for year end 2003 38. Not Offered 39. Not Offered 40. Check stubs for payments on mortgage and storage costs 41. List of payments, amounts and check numbers 42. List of things done by Sommer while living with Frank Peters 43. Bank statements 44. Letter from Sommer to Sgt. Baggett, 8/3/04 45. Purchases, Nebraska Furniture Mart 46. List of checks from Frank Peters, Sr. to Frank Peters, Jr. 47. Offered, Not Received 48. Offered, Not Received 49. Letter 1/5/04 from Edward Finn, Adult Protective Services 50. Report from Alegent Health on Frank Peters, Sr., 12/4/02 51. Alegent Health cardiology consult, 12/4/02 52. Alegent Health discharge summary, 12/6/02 53. Omaha Police Department Employee Report on Sean Sommer 54. Letter to Sommer from Deputy Chief Brenda Smith, 1/13/04 55. Letter to Sommer from Chief Warren, 1/21/04, relieved of duty without pay 56. Letter to Sommer from Chief Warren, 1/21/04, relieved of duty with pay 57. Memo to Sommer from Lt. Mary Newman, 3/8/04 58. Letter to Sommer from Chief Warren, 3/9/04 59. Letter to Sommer from Chief Warren, 7/27/04 60. Memo to Sommer from Lt. Mary Newman, 10/7/04 61. Letter to Sommer from Sgt. Baggett, 10/7/04 62. Memo to Sommer from Lt. Mary Newman, 1/5/05 63. Letter to Sommer from Cecil Hicks, Personnel Director, Loudermill 64. Letter to Sommer from Chief Warren, 2/11/05, termination

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Minutes, June 30, 2005

65. Letter from Chris Circo, VP, Union Local 101, appealing termination 66. Letter to Circo from Hicks, acknowledging appeal 67. Classifications ? Police Bargaining Unit, 2004 salaries 68. Classifications ? Police Bargaining Unit, 2005 salaries 69. Sommer Performance Appraisal, October 2003 70. Three-ring binder of Sommer commendations, training classes, and reports

MOTION by Keating, second by Alseth, to go into Executive Session. Voting: Aye: Keating, Alseth, Coleman, Hoffman, Cullan

MOTION carried 5-0

Board members went into Executive Session at 5:05 p.m. and returned at 5:30 p.m. All members were present to continue the meeting.

MOTION by Hoffman, second by Coleman, to deny the appeal of Sean Sommer.

Voting: Aye: Keating, Alseth, Coleman, Hoffman, Cullan

MOTION carried 5-0

MOTION by Alseth, second by Hoffman, to adjourn.

Voting: Aye: Keating, Alseth, Coleman, Hoffman, Cullan

MOTION carried 5-0

and the June 30, 2005, Regular Meeting of the Personnel Board concluded at 5:30 p.m.

Respectfully submitted,

Maureen Guilfoyle Recording Secretary

7/28/05 Date

Approved by a Board vote of:

5-0

Deborah Keating Acting Chairperson

Ethel Williams Secretary

7/28/05 Date

7/28/05 Date

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