01-30-84 Employment Committee Minutes1.
1/30/84
EMPLOYMENT COMMITTEE
SAFETY COMMITTEE
The Employment and Safety Committees held a joint meeting on Tuesday, January 31,
1984 at 4:00 P. M. in the Conference Room at City Hall. Attending were Fire Chief
Doty, Assistant Fire Chief Larson, Mayor McDowell, Employment Committee Chairman
Grainger, Safety Committee Chairman Schindler, Councilmen Saverud, Manning, Palmer
and Ruiz.
Doty asked that criteria be set for promotions (other than Chief and Assistant
Chief) to be based on EMT certification. He wishes for this to take effect
immediately to cover his requests for promotions of Donald Peterson to Captain
and of Richard Seddon to Lieutenant. (Copies attached of letters presenting
requests).
Assistant Larson stated that they tried to establish mandatory EMT certification
within the Fire Department but that City Attorney Neier advises that it cannot be
done regarding present employeees. He stated that it can be doned to stimulate
incentive for promotions and to make it mandatory for new employees. It was felt
that being done now it could be considered discriminatory as a conditon of employ-
ment or promotion. It could be made a requirement ..far. ambulance serw:ces, Montana
law requires only Advanced First Aid. He further stated that a lot of non -ranking
men have donated their time to become EMTs to better perform on the job and for
personal knowledge. Currently there is no pay incentive for lower rank employees.
Promotions in the past have been on seniority only.
Discussion followed regarding testing, the duties of Captain and Lieutenant positions.
It was felt that a change in position classification in writing, to include ambulance
service and the EMT requirement was necessary for new fire department applicants. The
EMT requirement for promotions can be established, giving adequate time for completion.
The Department pays tuition and testing fees, but employess take classes on their own
time. We have 8 EMTS on staff now, with 3 more attending classes.
Fire Chief Doty requested that both promotions be approved for now with confirmation
when EMT is completed. Both appointees are in acting positions now.
Ruiz moved confirmation of appointments upon recommendation of Fire Chief. Seconded
by Schindler.
Employment Chairman Grainger read the in-house position opening notice which has
been posted. The vacancy was opened internally for advancement chance for present
employees. MT law states that in house placement is acceptable.
Schindler did not agree with this policy, felt that it discriminated against the
general public. He feels that in-house placement within department is OK but is
opposed to going out of department.
Saverud felt that it was satisfactory as long WZ mediocre candidates are not given
the position.
Applicants were ABE tested at FVCC, all scored very well.
Before discussion of hiring a particular individual, Schindler wanted to go on record
as being against this policy of in-house hiring. He stated that a person interested
in becoming a fireman would have to come up through city ranks before he would have
NON-DISCRIMINATION/EQUAL OPPORTUNITY
toPurpose.
Equal employment opportunity for all persons regardless of race, creed, religion,
color or national origin, or because of his age, physical or mental handicap, marital
status or sex, when the reasonable demands of the position do not require an age,
physical or mental handicap, marital status or sex distinction. Equal employment
opportunity is a legal, social and economic necessity for the City and it is every
employee's responsibility to assist in its development and continued success.
(49-2-303 M.C.A.)
Policy.
It is the policy of the City of Kalispell to recruit, hire and promote all job clas-
sifications including full, part-time, temporary and seasonal employment, without
regard to race, creed, religion, national origin, disability, political affiliation,
age, marital status or sex distinction; based on bona fide occupational qualifica-
tions shall be strictly construed.
Employment, Promotions/Transfers
Purpose.
Written policies provide a vital tool with which management can make consistent and
fair decisions regarding employment matters. It is intended to govern all conditions
of employment and to provide the City with the best qualified person for available
position which may also result in a promotion/transfer of existing City employees.
Policy.
The provisions of this employment, promotion/transfer policy apply to all employees
of the City - except negotiated provisions of current Collective Bargaining Agree-
ments take precedent - to the extent applicable.
1. Vacancies must be submitted to the Mayor's office by the department head
supervisor.
2. The Mayor, department head will process vacancies through appropriate recruit-
ment procedures, including internal posting of vacancies, notification to the
Job Service.
3. All job positions will be listed with the Job Service. The department head
will furnish the Job Service with a detailed job description listing exact
minimum qualifications. This will include duties, skills, abilities and
knowledge required for the job. All pay benefits, working hours and other
criteria shall be included. Testing and other screning devises will be
outlined. The announcement will include a closing date.
4. The Job Service will search their files and will accept all applications
from the public. After the announcement has been closed, Job Service will
screen the applications and will refer the minimum ten (10) most qualified
applicants to include preferral applicants according to M.C.A.
5. All applications that meet minimum qualifications from the Job Service will
be submitted to the Clerk's office and held on file for 90 days. (Administra-
tion purpose only) Applications will be reviewed by the Employment Committee.
The Clerk will notify the appropriate department head supervisorwherethe
vacancy exists. _
6. Department head supervisors will select final applicant and present the same
to the Mayor for appointment.
7. Appointments (Mayor, Council)
a. Appointments made by Mayor and confirmed by the Council will
be interviewed by Mayor and members of Council.
B. Any selection devices which are developed and required by the city, such as
physical examination, will be paid for by the City.
•
VETERANS' PREFERENCE LAW
The amendments to the Veterans' and Handicapped Civilians' Preference
Act approved by the special session of the legislature are consistent
with the resolution adopted by the Montana League of Cities and Towns.
Essentially, the new law provides a tie -breaking preference among
applicants with substantially equal qualifications.
It applies to:
Veterans who served in a war or declared national emer-
gency or in a campaign for which a medal was authorized
(i.e., Lebanon).
Disabled veterans.
Handicapped civilians certified by the Department of
Social and Rehabilitation Services.
Unremarried spouses of veterans who were killed on active
duty or died as the result of a service -connected disability.
Spouses of 100% disabled veterans or civilians who are
unable to use their preference.
It covers:
All cities and counties; however, elected officials,
immediate secretaries and first -line aides of mayors,
and their legislative and administrative assistants
and legal advisors are exempted.
Appointed members of boards, commissions and councils
are also exempt.
Positions for which the appointment procedure is
prescribed by law are exempt.
All municipal department heads are exempt.
Temporary jobs are exempt, but seasonal employment is
covered.
The law applies only to initial hiring and not to other personnel
actions such as promotion, reduction in force, or rehiring.
What are you required to do?
Cities and towns must provide notice on employment
• applications advising people of the preference law.
The League office will provide sample notification
forms that can be attached to job applications.
Cities and towns must give written notice to preferred
applicants who are not selected for a particular position.
This is the key to the law. Under the term, "substantially
equal qualifications," public employers must be prepared
to show that an applicant was superior to any persons
claiming preference. This.will require care in hiring
procedures and documentation of the facts that were
considered in making the employment decision.
What are your liabilities?
A preferred applicant who was not selected ha,s the right
to petition the district court within 90 days. The
public employer will then be required to shoe cause why
the applicant was not selected. The employer has the
burden of proof to show by a preponderance of evidence
that it made a reasonable decision on the question of
substantially equal qualifications.
If the court rules in favor of the applicant, the
selection process will_,be reopened and the employer - will be liable for reasonable attorney fees and court
costs.
What are the residency requirements?
In addition to the qualifications in other sections,
40 a person must be a citizen of the United States, a
resident of Montana for one year and a resident of the
city or county where employment is sought for 30 days
to claim preference.
What are the responsibilities of the applicant?
•
Applicants must make formal claim of the preference
and provide the supporting documents. The type of
documentation will be determined by administrative
rules. The question of city or county residency will
have to be decided locally, by using rent receipts or
other documents.
When is it effective?
The new law covers all positions filled after
December 20, 1983, and it bars any claim that had not been
reduced to judgment by that date.
I