CITY
OF SCRANTON
MUNICIPAL
BUILDING
SCRANTON, PA 18503
Andrew
E. Bubser, Chairman
E.J.
Nalevanko, Member
Rev.
Howard Stringfellow, Secretary
MINUTES OF
SCRANTON CIVIL SERVICE
COMMISSION
November 13, 2002
MEETING
The Meeting opened at 5:30 p.m.
Roll call was taken and all
members were present.
Mr. Nalevanko moved that the minutes of the
previous meeting (10-9-02) be approved as written. Mr. Stringfellow seconded.
Motion passed unanimously.
Chairman Bubser then explained that the Commission
was changing its Order of Business at the meetings stating that the Order,
after acceptance of minutes from previous meeting, would be as follows:
III Sign In
for Speakers;
IV Communications
V Public
Participation;
VI Unfinished
Business;
VII New
Business; and
VIII Additional
Comment.
Mr. Bubser then advised that, pursuant to 65
Pa. C.S.A. Section 701 et seq., the Commission would caucus for 15 minutes
prior to each meeting to discuss administrative business before the Commission.
Turning to Communications,
Mr. Bubser addresses the letter dated 10-21-02 from Paul Schirra to the
Secretary requesting, inter alia, a review of his Chauffeur’s Promotional
Exam. Mr. Bubser explained that he
Commission’s personal inspection of the Civil Service Commission office
revealed a “disgraceful disservice” and that it would be impossible for the
Commission to cull the documents requested by Mr. Schirra.
Discussion was made between Mr. Schirra, who
was present at the meeting, and Mr. Bubser regarding attempts to find the
documents. Mr. Schirra indicated that
F.B.I. Agent Halko told Mr. Schirra the same thing, Mr. Bubser was now stating.
CIVIL SERVICE
COMMISSION
November 13, 2002
MEETING
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Next, Public
Participation ensued.
Ann Marie Stulgis, from Scranton Police
Department stated that there are Promotional Exam documents in the Law
Department on the Fourth Floor.
David Gervasi, Scranton Fire Bureau, stated
that it was his understanding that he and Public Safety Director Hayes has an
oral agreement that they, the Union, and Mr. Hayes would try to salvage the
Promotional Test Results. Mr. Gervasi opined that if the Commission
de-certifies the Promotional Lists, litigation may ensue due to its
discriminating effect.
Amy Martin, Scranton Police Department, stated
that Lackawanna College has the test results and would release them in
bulk. Mr. Bubser advised of his
conversation with Lackawanna whereby he was told Lackawanna will not release
the results because there is no contractual duty to do so.
Larry Mulrine, Scranton Fire Department,
advised that he and Mr. Buskovitz met with Lackawanna and were told they could
review the results at any time and that they (Lackawanna) would keep one
original test and the answer keys off the premises.
Mr. Schirra stated that Mr. Bart Burne from
Lackawanna College told him that the tests could be reviewed in bulk, not one
at a time.
Mr. Bubser opined that the Commission’s
decision on whether to de-certify the Promotional Lists or not was not an
attempt to correct errors and/or omissions because the documents can not be
reasonably found to correct. Mr.
Bubser, in response to de- certification before two (2) years expired being
discriminatory, stated that the Civil Service Rules do not require an “exhausting”
of a Promotional List before a new test is given.
At this point in the meeting, several members
in the audience began making comments/viewpoints on the decision to de-certify
the Promotional Lists or not.
Ms. Martin opined that they (Police Department)
waited for F.B.I.’s investigation which in the long run did nothing.
One speaker requested a quote on how much New
Promotional tests would cost. Mr.
Bubser responded by stating that is being researched. Mr. Bubser and Ms. Stulgis discussed how current ranks are being
filled temporarily. Ms. Stulgis opined
that currently police personnel are running a shift who haven’t passed a Civil
Service Test.
Mr. Gervasi asked who will be able to take the
next Promotional Test. Mr. Bubser
advised that it will not be closed to only those who took it the last
time. Mr. Schirra voiced displeasure
over this and stated that in his opinion, that was unfair.
Mr. Gervasi and Mr. Hayes discussed their past
discussions on the state of the Promotional Lists. Mr. Gervasi opined that if the Commission de-certifies the Lists,
a legal quagmire would result.
CIVIL SERVICE
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November 13, 2002
MEETING
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Dina Albanesi Hammer, Scranton Police
Department, stated that it would be unfair for the Commission to de-certify the
Lists.
Ms. Stulgis opined that there was ambiguity on
the Detective’s Test, but that the Sergeant’s
test were valid. To scrap the Sergeant’s List, in her
opinion, would make the persons on that list innocent victims.
Ms. Martin requested clarification on the
administrative meeting 15 minutes before the public meeting. She opined that to have this meeting in the
presence of an administrative authoritative person. Mr. Hayes is inappropriate.
Mr. Hayes and Mr. Bubser advised that Mr. Hayes will not be present for
the administrative meeting - not had he ever participated in such meetings.
Under Unfinished
Business, the Commission adopted the new format for Order of Business at
its monthly public meeting.
The Solicitor advised the Commission of the
proposed Findings of Fact and Conclusions of Law regarding Mr. Michael
McDonough’s hearing at the 10-9-02
hearing. Rev. Stringfellow moved to
accept the Findings and Conclusions.
Mr. Nalevanko seconded and the Motion passed. The members signed the Findings and Conclusions and directed the
Solicitor to forward same to Mr. McDonough.
The Commission moved to schedule a Special
Meeting for 11-20-02 to review the results of the Patrolman Entry Test results
given on 11-16-02.
Moving to New
Business , the Commission properly moved, seconded and unanimously passed
three (3) Motions:
1. All
current Promotional Lists posted on the Civil Service Commission Bulletin Board
are de-certified;
2. All
documents, papers, books, materials in the Civil Service Commission office or
anywhere else in City Hall, will be packaged, sealed and warehoused to begin a
fresh, professional record-keeping of Civil Service Documents; and
3. Upon
request made - in priority by the respective departments - by Fire Chief Davis
and Police Chief Elliot, Promotional tests will begin in the first quarter of
2003.
Under Additional
Comment, Ms. Patricia Jennings
asked why the maximum age requirement of 38 was decided. Solicitor Kelly opined that that was past
policy in prior tests and that the Commission followed this. Ms. Stulgis disagreed with this position
and cited examples of police officers
who took the Civil Service test in the past who were older than age 38. Ms. Stulgis stated that the F. O. PP. Would
litigate this issue.
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COMMISSION
November 13, 2002
MEETING
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At 6:59 a motion to adjourn was made by
Reverend Stringfellow, seconded by Mr. Nalevanko, Motion carried.
Respectfully submitted by:
Reverend Howard Stringfellow,
Secretary, Civil Service Commission