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					                                            City of Seattle

                    Civil Service Commission’s Monthly Meeting

                                             July 28, 2000

1. Call to Order:
The monthly meeting of the City of Seattle Civil Service Commission was called to order by Chairperson
Nina A. Harding on Friday, July 28, 2000 at 9:30 a.m.


2. Introduction of Attendees:
    The Chair introduced the attendees:
    Commission Chair Nina A. Harding, jd/mpa
    Commissioner Kenneth M. Lowthian
    Commissioner Ken Morgan
    Miriam Israel Moses, Executive Director
    Mary Effertz, Administrative Staff Assistant
    Rhea J. Rolfe, Hearing Examiner, pro tem
    Marilyn Sherron, Director of Employment Law, City Attorney’s Office, joined later in the meeting.


The Chair asked the Executive Director if there would be any other guests at this meeting. The Executive
Director informed the Chair that Ruby Dell Harris called to say that she would be able to attend the
Commission’s Executive Session.       The Chair advised the Commissioners that, while she did have a
conversation with Ms. Harris, she did not ask her to be present at the Executive Session.


3. Approval of Minutes:
    The Minutes of the June 23, 2000 meeting were read. Commissioner Lowthian moved to accept the
    minutes as written and Commissioner Morgan seconded the motion. Chair Harding proposed revisions
    to Section 11, paragraphs 1 and 3. After the Chair presented her proposed revisions, Commissioner
    Lowthian moved to accept the June minutes as revised. The Chair seconded and the June minutes were
    adopted by acclamation.


    Commissioner Morgan asked if there was any way that the minutes could be sent earlier so that the
    Commissioners would have more time to review them. The Commissioners all agreed that it would be
Civil Service Commission Minutes                                                                         Page 2
July 28, 2000

    helpful if they could receive meeting minutes further in advance of the next meeting than they currently
    receive them.


    Administrative Staff Assistant Mary Effertz and Executive Director Miriam Israel Moses told the
    Commission that they would work toward getting the minutes completed sooner and sent out as hard-
    copy as well as electronically within two weeks of the meeting they reflected.


4. Council Activity:
    There was no Council activity.


5. Personnel Department Activity:

    a. The Commission reviewed a July 7, 2000 Memo from Norma McKinney, Personnel Director, to
        Human Resources Managers and Representatives. The memo urges all departments to include a drug
        test notice when posting openings in the Job Opportunity Bulletins (JOBS) if a drug test will be
        required because of the duties of the position (routine operation of motor vehicles, heavy equipment,
        power tools, etc.). The memo notes that every “JOBS” publication already includes notice, on the
        last page, that the City is a drug-free work place and that some positions will require drug testing, but
        this notice is not specific to individual jobs. Criteria for drug tests were included in the
        Commissioners’ materials.


    b. The Commission reviewed a June 5, 2000 memo from Merle Overland, Management Services
        Director, to Human Resources Directors and Managers. The memo introduces a pre-publication,
        final draft of the Citywide Employee Handbook. City Personnel, the Law Department’s
        Employment Division and staff from the Mayor’s Office edited and contributed to the draft. The
        Executive Director advised the Commission that comments had not been requested and, therefore,
        the Commission had no hand in writing the section that pertains to it. However, she also noted that
        the authors did use the language that appeared in the budget book to explain the Commission’s
        functions and duties.


6. Related Policy/Administrative Issues:

    a. The Commission reviewed a July 14, 2000 Memo from Miriam Israel Moses, Executive Director, to
        Jean Mayes, formerly of ESD Personnel and Smaller Department Liaison, congratulating her on her
        appointment to the position of HR Manager for the Department of Information Technology – DoIT.
Civil Service Commission Minutes                                                                       Page 3
July 28, 2000

        Commissioner Harding noted that she has known Ms. Mayes as an extended family friend for over
        25 years since her move from Vancouver BC Canada to Seattle.


7. Budget:


     a. The Commission reviewed a July 7, 2000 memo from Miriam Israel Moses, Executive Director, to
        Pascal Hans St. Gerard, CBO Budget Analyst, explaining the documents that, taken together,
        constitute the CSC’s 2001-2002 biennial budget. The memo further explains the cost factors and
        reimbursements involved in the CSC’s budget submission, and how they resulted in the final budget
        presented by the Commission. The Executive Director noted that the submitted budget for 2001-
        2002 exceeds the allocation proposed by CBO.


        The following were included in the Commissioners’ materials:
        i.      Managing For Results – Business Plan
        ii.     2001-2002 Biennial Budget inclusive of all required IT and moving costs
        iii.    Schedule for Hardware/Software replacement and upgrade costs
        iv.     Proposed allocation by CBO
        v.      Original projection by CSC as of March 15, 2000


8.   New Business:


     a. The Commission reviewed a July 20, 2000 memo from Kathy Steinmeyer, Policy Development Unit,
        to Mary Effertz, CSC Administrative Staff Assistant. The memo acknowledges Mary’s hard work
        and successful effort to reformat the City’s Personnel Rules so that they are correctly paginated and
        contain appropriate revision dates, headers and footers. The Executive Director noted that it was
        important to maintain good relations with the Personnel Division, especially with the policy unit.
        The Commission congratulated Ms. Effertz on her work.


     b. The Commission reviewed a June 30, 2000 letter from Ruby Dell Harris, Secretary and Chief
        Examiner of the Public Safety Civil Service Commission, to CSC Chair Nina Harding. The letter
        expresses appreciation for the cooperation of both Executive Director Miriam Israel Moses, and
        Administrative Staff Assistant Mary Effertz, during the PSCSC’s recent testing process for Police
        Sergeant, Fire Lieutenant, Fire Captain and Fire Battalion Chief.
Civil Service Commission Minutes                                                                        Page 4
July 28, 2000

9. Progress Toward 1999-2000 Goals:
    a. The Executive Director reported that the Commission was still on target with Customer Service goals,
        both in turn around time and case processing time. She also noted that the Commission met its
        biennial GARMS when the CSC Web Site and Inweb page was completed early in 2000.


10. Director’s Monthly Case Status Report:
    a. The Executive Director reported that there were no appeals pending before the Commission.
    b. No appeals were closed since last report – Two appeals referred to SOCR
    c. Three new appeals filed since last report:
           Roberts, Sukhi
           Lewis, Jonathan
           Cousins, Donna
    d. Total: 13 Active appeals. 2 from 1999, 11 from 2000


11. Chair and Commissioner Comments:
    a. Chair Harding asked Commissioner Morgan if there were any communications with Local 17.
        Commissioner Morgan stated that there hadn’t been any and that he hadn’t given it any thought.
        Commissioner Morgan advised the Commission that the TES and out-of-class issues were at the
        brink of arbitration. Commissioner Morgan noted that he was in favor of this. He expressed his
        belief that it is ridiculous for someone to work in the same position for 10 years as a temporary
        employee. He also noted that the City has increased the amount of time that someone may work as a
        TES. This allows the City to hire more TES employees and use them to replace old TES employees.
        Commissioner Morgan told the Commission that Local 17 is pursuing this.


        Commissioner Morgan informed the Commission that the elephants currently have an area of 1½
        acre and that the exhibit was built to deal with adults. He advised the Commission that major
        renovations, such as replacing windows, etc. need to be performed on the facility before the calf is
        born. Commissioner Morgan noted that the “window of opportunity” (expected date of birth) was
        from Halloween to Christmas. Commissioner Morgan also noted that his involvement in these areas
        is having no affect on his relationship with management.


    b. Commissioner Harding asked Commissioner Lowthian if he had anything to report. Commissioner
        Lowthian stated that he had nothing to contribute at this time.
Civil Service Commission Minutes                                                                       Page 5
July 28, 2000

    c. Chair Harding read into the record the following report of her activities since the June meeting:
           The Chair reported that the Washington State Bar Association has initiated a Labor and
            Employment Section. She noted that it was a management-focused membership and that the
            Plaintiff’s bar was complaining. She also noted that the WSBA is more influential than the
            WSTLA (Washington State Trial Lawyers Association) or the KCBA (King County Bar
            Association). The Chair announced to the Commission that she has been nominated to serve on
            the Executive Committee for the Labor and Employment Section. She reminded the
            Commissioners that because this is a management-focused group, it would be interesting to see
            if she would be elected to this Executive Committee.


            The Chair informed the Commission that the nomination was a “super honor” since she has
            served on several WSBA committees for the past ten years and has been named by the WSBA
            Board of Trustees to the Diversity Committee for three terms and to the CLE (Continuing Legal
            Education) Committee for two terms.


           Chair Harding updated the Commission on the success of the Pacific Coast Labor and
            Employment Law Conference. She noted that she has been a member of this committee for the
            past several years and participates in the planning of the conference. This year, the event was
            very successful, with an attendance of 310. Chair Harding told the Commission that this was a
            major three-day conference with national speakers. She informed them that it takes a year to
            plan and that leading employment and labor lawyers in Seattle participate on this committee.
            Chair Harding advised the Commission that they are still doing the factoring on the budget
            because some of the money has not come through yet, but that she was certain, after all of the
            money is collected, that there will be money remaining to contribute to scholarships.


           Chair Harding reported that she received a letter of thanks from County Councilman Larry
            Gossett and County Councilman Pete von Reichbauer, Chair, for her participation in the King
            County Council Committee of the Whole. The Chair, in her private capacity, gave a written
            statement during public testimony regarding the need for GED programs leading to graduation
            for incarcerated youth.


           Chair Harding reported that she was invited by KCBA President Lucy Isaka to attend a May 25th
            Multi-Disciplinary Forum. The issue to be presented to the American Bar Association “causes a
            rule change and profession focus change” regarding “multi-disciplinary folks associated with
            attorneys in the litigation of a claim.” Chair Harding opposed the integral involvement and fee
Civil Service Commission Minutes                                                                           Page 6
July 28, 2000

            sharing of multi-disciplinary folks such as accountants and financial planners being associated
            with attorneys on litigation.


            The Chair stated that there were many ethical concerns. The ethical concerns raised are: attorney
            independence vs. cost-effectiveness litigation; loss of ethics in the practice of law; and
            prohibitive fee sharing with non-lawyers.
            The issue was discussed and voted upon. The ruling is as follows:
                “The American Bar Association reaffirmed a controversial rule forbidding lawyers from
                entering partnerships with non-lawyers, including accountants and financial planners. The
                ABA’s House of Delegates, its policy making body, rejected efforts to defer a vote on the
                divisive issue and instead passed a resolution that strengthens its opposition to joint business
                arrangements, known as multidisciplinary practices.”

            King County Superior Court Judge Dean Lum is the KCBA delegate to the American Bar
            Association Annual Meeting. He delivered the evenly divided sentiments from the Seattle and
            King County multi-disciplinary practitioners to the ABA.


           Chair Harding announced that the National AME Church, which is the oldest African American
            Church in America, has elected its first woman Bishop. Her name is Vashti McKenzie and she
            is from Baltimore. The Chair advised the Commission that this was a particularly significant
            event because many women will rightfully allege that the “glass ceiling” has precluded them
            from advancements in their career choice. African American women and women of color,
            however, are precluded from advancement because of a “brick ceiling” according to the Chair.
            She further elaborated on this stating that, in the church, this was called a “stain glass ceiling.”


            The Chair told the Commission that after a motion that a chair on the Bishop’s Council be
            designated for a woman was defeated by 100 votes, Reverend Vashti McKenzie’s name was
            presented to the 10,000 delegates for one of the opened Bishop’s positions and she won on the
            first ballot.


            Chair Harding told the Commission that Bishop McKenzie’s credentials are impeccable. She is
            also well published. Her latest book, Not Without a Struggle, speaks to the “stained glass
            ceiling” and leadership development of women in the ministry. Chair Harding noted that Bishop
            McKenzie is a member of her national sorority, Delta Sigma Theta, so she basks in the
            achievement of her sorority sister. The Chair informed the Commission that this historic
            election made the CNN news, the New York Times, the Seattle Times, and even the CBS Sunday
            news.
Civil Service Commission Minutes                                                                                            Page 7
July 28, 2000

                Chair Harding informed the Commission that she was advised at the Community Coalition for
                 Police Accountability during its recent meeting at Mount Zion Church with respect to five
                 demands for police accountability. These demands have been endorsed by the Seattle Human
                 Rights Commission, Commission on Sexual Minorities, and the Seattle Women’s Commission.
                 The new police chief has also spoken to the issues, which are:


                 1. Establish an Independent Citizen’s Review Board with investigative and subpoena powers.
                 2. Collect data on racial profiling and racially disproportionate arrest.
                 3. Review and amend the police policy on the use of deadly force. Include in it provisions for
                      the use of non-lethal weaponry. Retrain police based on these new policies.
                 4. Hire, train, and promote more African-Americans, people of color, and women within the
                      Seattle Police Department.
                 5. Repeal the City of Seattle’s Impound Ordinance (44% of cars impounded by police are
                      driven by Blacks, yet Blacks make up only 11% of the City’s population).1


                 Commissioner Morgan asked for a further discussion of the issues surrounding the impound
                 ordinance (#5 above). Commissioner Harding responded that it was “pretty much a racial
                 profiling issue.” Commissioner Morgan asked whether the police had knowledge of the race or
                 ethnicity of the owners of the illegally parked cars that were being towed away. Assistant City
                 Attorney Marilyn Sherron noted that the fact that they did not have this knowledge was part of
                 the difficulty with this issue. Chair Harding explained that this is a very volatile issue and that
                 the last time that there was a council meeting on it, the ordinance was not repealed.


                 Commissioner Lowthian stated that his understanding of the issues was that the cars being
                 impounded were being driven by people with suspended, non-active, or revoked licenses and
                 that this had a negative financial impact on poor people. Ms. Sherron stated that studies show
                 that the people with large numbers of tickets also don’t have insurance and are considered a
                 menace. Commissioner Harding stated that there is a disparate impact on minorities because
                 many cannot afford to pay the impound fees. This results in the loss of their means of
                 transportation, which may also result in their inability to get to work, thus depriving them of
                 income as well.




1
    Sheet containing the “5 Demands of the Community Coalition,” along with a list of sponsors is attached to the minutes
Civil Service Commission Minutes                                                                       Page 8
July 28, 2000

           The Chair informed the Commission that, as a private citizen, she was invited by Director Harry
            Bailey of the Seattle Police Department, Office of the Police and Community Partnerships, to
            participate in the Community Police Academy. Chair Harding told the Commission that, as a
            private citizen, she has been a member of Chief Stamper’s African American Community
            Advisory Council for the past year, and that this council has been replicated in other
            neighborhoods throughout Seattle.


           The Chair informed the Commission that her dear friend, Councilmember Richard McIver has
            been hospitalized for prostrate cancer and is home recuperating.


           The Chair informed the Commission of the loss of a Seattle Native American Treasure, Bernie
            White Bear. She told the Commission that Bernie White Bear was funeralized at Washington
            Convention Center on July 21, 2000 that Governor Gary Locke, who gave words on behalf of
            the State of Washington, and Senator Patty Murray were present for the funeral services.


12. Adjourn to Executive Session:
        The Commission adjourned to Executive Session at 11:30 a.m.


13. Return to the Record:
        The Commission returned to the record at 12:20 p.m. All business pending before the Commission
        having been completed, the Commission meeting was adjourned at 12:20 p.m. The next meeting
        will be held on Friday, August 25, 2000 at 9:30 a.m.




Respectfully Submitted,                                  Approved by:



_____________________________________                    ____________________________________
Miriam Israel Moses              Date                    Nina A. Harding, jd/mpa          Date
Executive Director                                       Chairperson

				
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