Municipal Civil Service Commission - June 13, 2022

Municipal Civil Service Commission Regular Meeting of the Municipal Civil Service Commission

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MUNICIPAL CIVIL SERVICE COMMISSION REGULAR MEETING MONDAY, JUNE 13, 2022, AT 9:30 A.M. HUMAN RESOURCES DEPARTMENT, LEARNING AND RESEARCH CENTER 5202 E. BEN WHITE BLVD, SUITE 500 AUSTIN, TEXAS 78741 AGENDA EXECUTIVE SESSION (No Public Discussion on These Items) The Commission will announce it will go into closed session pursuant to Chapter 551 of the Texas Government Code, to receive advice from Legal Counsel, or to discuss matters of litigation and personnel matters as specifically listed on this agenda. If necessary, the Commission will go into closed session, as permitted by law, regarding any item on this agenda. Public comment will be allowed in-person or remotely by telephone. Speakers may only register to speak on an item once no later than noon the day before the meeting. The first ten (10) speakers will each be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. To register you may contact Matthew Chustz at (512)974-2859 or email Matthew.Chustz@austintexas.gov. CALL TO ORDER PUBLIC COMMUNICATION: GENERAL 1. APPROVAL OF MINUTES March 14, 2022. 2. HEARING a. Approve the minutes from the Municipal Civil Service Commission regular meeting on a. Conduct a hearing on the appeal filed by Dayne Williams regarding their Denial of Promotion from Austin Resource Recovery. b. Deliberate in open session or closed session, pursuant to 551.074 of the Texas Government Code (personnel exception), on the appeal filed by Dayne Williams regarding their Denial of Promotion from Austin Resource Recovery. c. Possible action and decision on the appeal filed by Dayne Williams regarding their Denial of Promotion from Austin Resource Recovery. 3. NEW BUSINESS Service Commission. a. Discussion and possible action regarding the 2021 Annual Report of the Municipal Civil b. Discussion and possible action regarding appointment of a Vice Chair of the Municipal Civil Service Commission. 4. OLD BUSINESS a. Discussion regarding the Municipal Civil Service Commissioner appointment process. b. Discussion of the Municipal Civil Service Commission recommendation to City Council (Recommendation 20191108-04B) regarding the review of granted denial of promotion and discharge appeals. c. Discussion and review of the Municipal Civil Service Rules to provide input to the Municipal Civil Service Director. d. Discussion and possible action on future meeting dates, times, and locations. 5. FUTURE AGENDA ITEMS ADJOURNMENT The City of Austin is committed to compliance with the American with Disabilities Act. Reasonable modifications and equal access to communications will be provided upon …

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MUNICIPAL CIVIL SERVICE COMMISSION MEETING MINUTES Monday, March 14, 2022 REGULAR MEETING Monday, March 14, 2022 MUNICIPAL CIVIL SERVICE COMMISSION MINUTES The Municipal Civil Service Commission convened in a regularly scheduled meeting on Monday, March 14, 2022, at the Human Resources Department, Learning & Research Center (LRC) 5202 E. Ben White Blvd., Suite 500, Austin, TX 78741. Chair Perez-Wiseley called the Commission meeting to order at 9:30 a.m. Commissioners in Attendance: Teresa Perez-Wiseley, Chair Melissa Rogers, Vice-Chair McKenzie Frazier Andy Mormon Commissioners Absent: Kevin Mullen Staff in Attendance: Matthew Chustz, Municipal Civil Service Administrator April Shaw, Municipal Civil Service Coordinator Jennifer Stanko, Municipal Civil Service Coordinator Omar Francia, IT Systems Administrator PUBLIC COMMUNICATION Carol Guthrie addressed the Commission regarding concerns related to releasing the identity of Office of the City Auditor informants. 1. APPROVAL OF MINUTES December 13, 2021. a. Approve the minutes from the Municipal Civil Service Commission regular meeting on The minutes of the December 13, 2021, regular meeting were approved on Commissioner Mormon’s motion, Commissioner Rogers’ second, on a vote of 4-0. 2. HEARING a. Conduct a hearing on the appeal filed by Nicholas Smitham regarding their Discharge from the Parks and Recreation Department. The Chair of the Commission accepted a request to reschedule the hearing from Nicholas Smitham’s representative. 1 MUNICIPAL CIVIL SERVICE COMMISSION MEETING MINUTES Monday, March 14, 2022 b. Deliberate in open or closed session, pursuant to 551.074 of the Texas Government Code (personnel exception), regarding the appeal of Nicholas Smitham regarding their Discharge from the Parks and Recreation Department. No deliberation was held. c. Possible action and decision on the appeal filed by Nicholas Smitham regarding their Discharge from the Parks and Recreation Department. No decision was rendered in this matter. 3. STAFF BRIEFING a. Staff briefing regarding the Municipal Civil Service Commissioner appointment process. Matthew Chustz, Municipal Civil Service Administrator with the Human Resources Department, addressed the Commission regarding the Commissioner appointment process. 4. NEW BUSINESS Discussion was held. a. Discussion regarding the Municipal Civil Service Commissioner appointment process. b. Discussion and possible action regarding a recommendation for Chair of the Municipal Civil Service Commission to the Austin City Council Audit and Finance Committee. The nomination of Commissioner Andy Mormon as Chair of the Municipal Civil Service Commission was approved on Chair Perez-Wiseley’s motion, Vice-Chair Rogers’ second, on a vote of 4-0. c. Discussion and possible action regarding amending the Bylaws of …

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2022 Municipal Civil Service Commission Regular Meeting Schedule Monday, January 10, 2022 Monday, July 11, 2022 Monday, January 24, 2022 Monday, July 25, 2022 Monday, February 14, 2022 Monday, August 8, 2022 Monday, February 28, 2022 Monday, August 22, 2022 Monday, March 14, 2022 Monday, September 12, 2022 Monday, March 28, 2022 Monday, September 26, 2022 Monday, April 11, 2022 Monday, October 10, 2022 Monday, April 25, 2022 Monday, October 24, 2022 Monday, May 9, 2022 Monday, November 14, 2022 Monday, May 23, 2022 Monday, December 12, 2022 Monday, June 13, 2022 Monday, June 27, 2022 Approved by Commission 9/27/21

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MUNICIPAL CIVIL SERVICE COMMISSION August 10, 2020 Letter Regarding MCS Review Dear Mayor and Council: Sincerely, As you know, the Municipal Civil Service Commission sent a recommendation for council action dated November 8, 2019. We are not aware of any action that has been taken. Enclosed please find a copy of that letter and its attachments. Chair Pamela Lancaster Vice Chair Melissa Rogers Commissioner Rebecca Eisenbrey Commissioner Erika Kane Commissioner Teresa Peréz-Wiseley Teresa Peréz-Wiseley Pamela Lancaster MUNICIPAL CIVIL SERVICE COMMISSION RECOMMENDATION 20191108-4B Date: November 8, 2019 Subject: Review and report of Municipal Civil Service Commission denial of promotion and discharge appeals. Motioned By: Pamela Lancaster, Chair Seconded By: Rebecca Eisenbrey, Commissioner Recommendation The Municipal Civil Service Commission recommends Council direct the appropriate City official to review granted denial of promotion and discharge appeals, gather data, and report the findings of the review back to the Commission. Description of Recommendation to Council The Commission requests that the City Council direct the appropriate City official to: 1) Identify each appeal that the Commission granted from an employee who sought to overturn a discharge or denial of promotion; 2) For each such granted appeal, identify the effect of the appeal, including but not limited to the employee's position, rate of pay and any other relevant information regarding the employee before and after the appeal was granted; 3) For each such employee who had an appeal granted, identify whether the employee is still employed with the City and if so, the employee's position; 4) For each such employee who had an appeal granted, identify whether the employee has applied for any promotions or transfers and, if so, the result of such application; 5) For each such employee who had an appeal granted, identify whether the employee has been disciplined or placed on a performance improvement plan, and, if so, the nature and outcome of such disciplinary action or performance improvement plan; and 6) Report the finding of such review back to the Commission Rationale: The MCS Commission is a five-member commission established by the City Charter that, among other things, hears appeals and makes final, binding decisions in the case of any municipal civil service employee who is discharged, suspended, demoted, denied a promotion, or put on disciplinary probation. The first appeal hearing heard by this Commission was in September 2014 and it has been approximately five years since that date. 1of2 The Commission …

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