REGULAR MEETING OF THE MUNICIPAL CIVIL SERVICE COMMISSION MONDAY, JULY 25, 2022, AT 9:30 A.M. HUMAN RESOURCES DEPARTMENT, LEARNING AND RESEARCH CENTER 5202 E. BEN WHITE BLVD, SUITE 500, ROOM 249 AUSTIN, TEXAS 78741 Some members of the Municipal Civil Service Commission may be participating by videoconference. 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 via telephone. Speakers may only register to speak on an item once either in-person or remotely will be allowed up to three minutes to provide their comments. Registration no later than noon the day before the meeting is required for remote participation by telephone. To register to speak remotely, call or email Matthew Chustz, (512)974-2859, Matthew.Chustz@austintexas.gov. CURRENT COMMISSIONERS: Andy Mormon, Chair Kevin Mullen, Commissioner McKenzie Frazier, Commissioner CALL TO ORDER AGENDA PUBLIC COMMUNICATION: GENERAL John Umphress, Commissioner The first ten (10) speakers signed up prior to the meeting being called to order will each be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. APPROVAL OF MINUTES March 14, 2022. 1. Approve the minutes from the Municipal Civil Service Commission regular meeting on PUBLIC HEARING 2. Conduct a hearing on the appeal filed by Dayne Williams regarding their Denial of Promotion from Austin Resource Recovery. 3. 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. 4. Possible action and decision on the appeal filed by Dayne Williams regarding their Denial of Promotion from Austin Resource Recovery. DISCUSSION ITEMS 5. 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. 6. Discussion and review of the Municipal Civil Service Rules to provide input to the Municipal Civil Service Director. DISCUSSION AND ACTION ITEMS 7. Conduct officer election for the Vice Chair of the Municipal Civil Service Commission. 8. Discussion and possible action regarding the 2021 …
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 …
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 …
Annual Internal Review This report covers the time period of 1/1/2021 to 12/31/2021 Municipal Civil Service Commission The Board/Commission mission statement is: The Municipal Civil Service (MCS) Commission is established and governed by City Charter Article IX (Personnel). The purpose of the Commission is to: 1. 2. 3. 4. 5. 6. hear appeals and make final, binding decisions in the case of municipal civil service employees covered under Article IX of the City Charter who have been discharged, suspended, demoted, denied a promotion, or put on disciplinary probation; recommend the adoption of civil service rules after receipt of proposed rules by the Human Resources Director and perform services under the civil service rules as provided in Article IX, Section 2 of the City Charter; perform other duties regarding the municipal civil service, not inconsistent with Article IX of the City Charter, that the City Council may require; issue subpoenas and subpoenas duces tecum to witnesses, whether at the request of interested parties or on its own motion, when reasonably necessary to obtain pertinent evidence at a hearing or investigation; administer oaths to witnesses appearing at a hearing or investigation; and conduct any investigations it may consider desirable or which it may be required by the City Council or the City Manager concerning the administration of municipal civil service, and report its findings and recommendations to the City Council. Further information regarding the Municipal Civil Service Commission is found in § 2-1-164 of the Austin City Code, which states: (A) The Municipal Civil Service Commission is established and governed by City Charter Article IX (Personnel). The Charter provisions supersede this chapter to the extent of conflict. (B) The Council Audit and Finance Committee shall review applications received by the city clerk from persons seeking appointment as a commissioner. Notwithstanding § 2-1-4(C), the Audit and Finance Committee, or any council member, may nominate a person for appointment to the commission. (C) A city employee may not serve as a member of the commission. (D) The council shall designate the commission chair annually at the time new commissioners are appointed. Annual Review and Work Plan Municipal Civil Service Commission - 2021 Page # 2 (E) Subsection (A) of Section 2-1-43 (Meeting Requirements) does not apply to the Municipal Civil Service Commission. The commission may meet as necessary to carry out its duties under City Charter Article IX (Personnel). Source: Ord. 20130214-045; Ord. 20130321-043. …
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
MUNICIPAL CIVIL SERVICE COMMISSION Monday, July 25, 2022 MEETING MINUTES REGULAR MEETING MONDAY, JULY 25, 2022 MUNICIPAL CIVIL SERVICE COMMISSION MINUTES The Municipal Civil Service Commission convened in a regularly scheduled meeting on Monday, July 25, 2022, at the Human Resources Department, Learning & Research Center (LRC) 5202 E. Ben White Blvd., Suite 500, Austin, TX 78741. Commissioner McKenzie Frazier called the Commission meeting to order at 9:32 a.m. Commissioners in Attendance: McKenzie Frazier, Vice Chair John Umphress Kavita Gupta Board Members/Commissioners in Attendance Remotely: Andy Mormon, Chair Commissioners Absent: Kevin Mullen Staff in Attendance: Matthew Chustz, Municipal & Civil Service Manager Jennifer Stanko, Municipal Civil Service Coordinator Mecia Griffin, Civil Service Coordinator Oscar Gonzales, IT Systems Administrator Angelica Gomez, Administrative Specialist APPROVAL OF MINUTES 1. Approve the minutes from the Municipal Civil Service Commission regular meeting on March 14, 2022. The minutes from the meeting of 3/14/2022 were approved on Commissioner Umphress’ motion, Commissioner Gupta’s second on a 4-0 vote. DISCUSSION AND ACTION ITEMS 7. Conduct officer election for the Vice Chair of the Municipal Civil Service Commission. The motion to elect Commissioner McKenzie Frazier as the Vice Chair of the Municipal Civil Service Commission was approved on Chair Mormon’s motion, Commissioner Umphress’ second on a vote of 4-0. 1 MUNICIPAL CIVIL SERVICE COMMISSION Monday, July 25, 2022 MEETING MINUTES PUBLIC HEARINGS 2. Conduct a hearing on the appeal filed by Dayne Williams regarding their Denial of Promotion from Austin Resource Recovery. A hearing was conducted on the appeal filed by Dayne Williams regarding their Denial of Promotion from Austin Resource Recovery. 3. 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. Vice Chair Frazier recessed the Municipal Civil Service Commission meeting to go to closed session at 3:25 p.m. The Commission deliberated in closed session on the appeal filed by Dayne Williams regarding their Denial of Promotion from Austin Resource Recovery. Closed session ended and Vice Chair Frazier called the Municipal Civil Service Commission meeting back to order at 3:51 p.m. 4. Possible action and decision on the appeal filed by Dayne Williams regarding their Denial of Promotion from Austin Resource Recovery. The motion to deny Dayne Williams’ appeal and uphold the decision made by the City of Austin in the Denial of Promotion …
