City of Lyndhurst, Ohio Civil Service Commission
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October 14, 2010: Civil Service Commission
AGENDA:

 
To meet in Regular Session on Thursday, October 14, 2010 at 8:30 AM., in the Conference Room of the Lyndhurst Municipal Center, 5301 Mayfield Road.
 
Members:
Commissioners: R D Patete, R J Schmidlin, R Sweeney
 
Others: P T Murphy, Director of Law; C J White, Secretary
 
Minutes:
 
Approve minutes of the Regular Meeting held September 9, 2010.
 
Progress on upcoming Fire Chief's test to be held October 15, 2010.
 
Correspondence:
 
From Patrolman Reese dated August 25, 2010.
 
Eligibility List:
 
Extend Eligibility List for promotionals in the Police Department (originally established November 6, 2008).
 
Proposed Resolution No. 2010-7:
 
Review proposed Resolution 2010-7 regarding establishing a passing grade for testing purposes.
 
Proposed Resolution 2010-8:
 
Review proposed Resolution 2010-8 regarding extensions of eligibility lists.
 
Correspondence:
 
From Chief Telzrow dated September 22, 2010.
 
Correspondence:
 
From Mayor Cicero dated October 4, 2010.
 
Correspondence:
 
From Captain R. Bruce Borthwick dated October 6, 2010.
 
Discuss review of Civil Service Rules by the Walter H. Drane Company.
 
TABLED ITEMS:
 
Mayor's correspondence regarding original appointment exam and promotional exams in the fire department.
 
October 14, 2010: Civil Service Commission
MINUTES:

 
The Civil Service Commission of the City of Lyndhurst met in Regular Session on Thursday, October 14, 2010 in the Conference Room of the Lyndhurst Municipal Center, 5301 Mayfield Road. Mr. Ray Schmidlin presiding.
 
Members Present: R. Schmidlin, Chairman; R D Patete, R. Sweeney
 
Others Present: P T Murphy, Director of Law; C J White, Secretary; Dale St. John, Acting Fire Chief; Patrolman Reese, Police Department Captain Mike Carroll, Fire Department Chief Porrello, Police Chief Sergeant McConville, Police Department.
 
It was moved by Mr. Patete, seconded by Ms. Sweeney that the reading of the minutes of the Regular Meeting held September 9, 2010, copies of which were mailed to all members, be dispensed with and said minutes stand approved as circulated.
 
The question was put to a voice vote and passed unanimously.
 
Motion carried.
 
Progress on the upcoming Fire Chief's test to be held October 15, 2010
 
Secretary White explained that there are two (2) candidates signed up for the test tomorrow. She further stated that a representative from The Ohio Fire Chiefs' Association will be in this afternoon for an orientation with the two (2) candidates. The test will be administered at 8:00 a.m. in the Lyndhurst Community Center.
 
In answer to Mr. Patete's question, Secretary White stated that the two candidates signed up for the Chief's test are Captain Borthwick and Captain Carroll.
 
Correspondence from Patrolman Reese dated August 25, 2010
 
"August 25, 2010
 
Civil Service Commission
Lyndhurst City Hall
5301 Mayfield
Lyndhurst, OH. 44124
 
RE: Police Promotion Eligibility List
 
Dear Civil Service Commission members:
 
As per your request during the July 15th meeting, I am submitting my formal request to extend the current police promotion eligibility lists for its third and final year. The current lists are scheduled to expire November 6th of this year.
 
As I pointed out in my initial correspondence (see attached) regarding this issue, I believe the Civil Service Commission does have the authority to extend the lists. I also believe it would be in the city's best interest, saving thousands of unnecessary dollars.
 
Respectfully
Robert L. Reese
(signature)"
 
Discussion continued on extending the promotional eligibility list in the Police Department for the third and final year.
 
Mr. Schmidlin stated that he would like to cite Rule XII, Section 1, which allows the Commission to waive the rules at their discretion by a unanimous vote, so long as the Civil Service laws of the State of Ohio are not violated.
 
Ms. Sweeney asked Patrolman Reese if anyone who was not eligible at the time of the test, is eligible now.
 
Patrolman Reese stated that no additional patrolmen will be eligible for approximately fourteen (14) months or so.
 
Chief Porrello stated that everyone would be affected by the lack of a test being given, such as experience in both taking the test and more years on the job and prolonging the lists.
 
Discussion continued on which personnel in the police department the waiving of Rule V would adversely affect, and who would benefit from it.
 
It was moved by Mr. Schmidlin, seconded by Mr. Patete that Rule V of the Civil Service rules be waived, citing Rule XII, and the Lieutenant and Sergeant promotional eligibility lists in the Lyndhurst Police Department, be extended to November 6, 2011, due to the cost involved with administering another test, the time involved, and to abide by the intent of the rule, which is to be in keeping with the police original appointment list which can be extended for up to three (3) years and in the interest of justice to all concerned and to promote the welfare of the civil service in the City.
 
The question was put to a voice vote and passed unanimously.
 
Motion carried.
 
Mr. Schmidlin recommended that the next item on the agenda be proposed Resolution 2010-8.
 
Proposed Resolution 2010-8
 
Review Proposed Resolution 2010-8 regarding extensions of eligibility lists.
 
A RESOLUTION AMENDING RULE V, SECTION 5, OF THE RULES OF THE CIVIL SERVICE COMMISSION AS THEY APPEAR IN CHAPTER 171 OF THE CODIFIED ORDINANCES OF THE CITY OF LYNDHURST.
 
Mr. Schmidlin explained that the proposed resolution would be more consistent by removing the words "for original appointees" in the original resolution. He further explained that this resolution would be in keeping with the motion just passed regarding promotional eligibility lists, so all eligibility lists can be extended for up to three (3) years.
 
It was moved by Mr. Schmidlin, seconded by Ms. Sweeney that proposed Resolution 2010-8 be adopted.
 
The question was put to a voice vote and passed unanimously.
 
Motion carried.
 
Proposed Resolution 2010-7
 
Review proposed Resolution 2010-7 regarding establishing a passing grade for testing purposes.
 
A RESOLUTION AMENDING RULE IV, SECTION 1, OF THE RULES OF THE CIVIL SERVICE COMMISSION AS THEY APPEAR IN CHAPTER 171 OF THE CODIFIED ORDINANCES OF THE CITY OF LYNDHURST.
 
Mr. Schmidlin explained that this proposed resolution deals with establishing a passing grade of seventy (70%) percent, for all Civil Service examinations in the City of Lyndhurst.
 
It was moved by Mr. Schmidlin, seconded by Mr. Patete that proposed Resolution 2010-7 be adopted.
 
The question was put to a voice vote and passed unanimously.
 
Motion carried.
 
Correspondence from Chief Telzrow dated September 22, 2010
 
"September 22, 2010
 
Joseph Cicero, Mayor
City of Lyndhurst
5301 Mayfield Rd
Lyndhurst, OH 44124
 
Dear Mayor Cicero,
 
This is to notify you that after 34 years, I am resigning my position as Chief of the Lyndhurst Fire Department effective midnight, October 9, 2010.
 
I have been privileged to serve throughout my career with officers and fire fighters who view the service we provide as not just a job but a vocation.
 
I deeply appreciate the kindness and co-operation that you, your administration as well as Council have shown me during my 7 tenure as Chief of this department. I wish all of you the best for the future.
 
Sincerely,
 
(signature)
 
Gerald M. Telzrow, Chief
Lyndhurst Fire Department"
 
It was stated that a resolution of Council will be given to Chief Telzrow at a later date, commending him on his years of service, and congratulating him on his retirement.
 
Correspondence from Mayor Cicero October 4, 2010.
 
"October 4, 2010
 
Lyndhurst Civil Service Commission
Lyndhurst Municipal Center
5301 Mayfield Rd
Lyndhurst OH 44124
 
Gentlemen:
 
This is to advise that I will appoint Captain St. John as Acting Chief of the Lyndhurst Fire Department effective October 10, 2010. He will assume all duties and responsibilities of the position of fire chief on the above date.
 
I make this appointment on an emergency basis because of the resignation of Chief Telzrow, effective October 9, 2010 (see attached). This appointment was also made for the good of the fire department, the welfare of the public and the necessities of the city's operation.
 
In addition, Captain St. John is well qualified for this position based on the fact he has served as Captain, for many years. He is also thoroughly acquainted with the operations of the Lyndhurst Fire Department and the needs of the residents of the city.
 
I will keep the Commission informed regarding changes, etc., regarding the above appointment.
 
Sincerely,
 
(signature) Joseph M. Cicero, Jr. Mayor
 
JMC:cjw
 
c: Paul Murphy, Mary Kovalchik, Chief Porrello, Lt. Porter"
 
Correspondence from Captain R. Bruce Borthwick dated October 6, 2010
 
"October 06 2010
 
Lyndhurst Civil Service Commission
 
To Whom it May Concern:
 
Please as accept this letter as a notification of concern regarding the resolution regarding additional credit for promotion in the fire department. The current wording and time table - implementation of the current resolution does to coincide with my recollection subsequent to some of the meetings over the course of the past several months. Does the current language represent the true intent of the commission in scope and timetable?
 
Please review and reply to ensure clarity on this issue.
 
Thank you
 
Sincerely,
 
(signature)
 
R. Bruce Borthwick"
 
In answer to Captain Borthwick's letter, Mr. Schmidlin stated that this topic had been discussed in length, and yes, the current language represents the true intent of the commission as stated in Resolution 2010-6. He further explained that Resolution 2010-4 had some different provisions with regard to promotions, but was defeated by the Commission.
 
It was also noted that Captain Borthwick submitted to the Commission an extensive compilation of documentation regarding educational equivalency, some of which include fire science and public administration.
 
Discuss review of Civil Service Rules by the Walter H. Drane Company.
 
Mr. Schmidlin explained that the Walter H. Drane Company does the codification for the City of Lyndhurst.
 
Secretary White explained that she had called the Walter H. Drane Company, and spoke with the owner who stated that the company no longer reviews chapters for inconsistencies. He then referred her to Steve Byron, a city law director. She then stated that in speaking with the recommended lawyer, an initial price of one thousand ($1,000) dollars was quoted. Mr. Bryon suggested that the City of Lyndhurst's Law Director review the Civil Service Rules.
 
Due to his familiarity with the Civil Service Rules, Mr. Murphy is so directed to review and update the Civil Service Rules of the City of Lyndhurst.
 
Tabled Items: Mayor's correspondence regarding original appointment exam and promotional exams in the fire department.
 
Discussion continued on possibly giving promotional exams in the fire department early next spring and an original appointment exam shortly thereafter.
 
Acting Chief Dale St. John asked for clarification in Resolution 2010-6, Lieutenant to Captain, questioning the specifics of a bachelor's degree.
 
Mr. Schmidlin stated that the minutes reflect the specifics of the bachelor's degree for promotional testing in the fire department.
 
It was moved by Mr. Schmidlin, seconded by Mr. Patete that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Motion carried, meeting adjourned at 9:15 a.m.


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