Civil Service Commission

CITY OF LONG BEACH WEDNESDAY, JULY 8, 2020 CIVIL SERVICE COMMISSION TELECONFERENCE, 9:30 AM MINUTES Susana Gonzalez Edmond, President Phyllis O. Arias, Commissioner Heather Morrison, Vice President Brandon Dowling, Commissioner Joen Garnica, Commissioner Christina Pizarro Winting, Executive Director FINISHED AGENDA AND MINUTES SPECIAL MEETING CIVIL SERVICE COMMISSION MEETINGS ARE HELD VIA TELECONFERENCE PURSUANT TO EXECUTIVE ORDER N-29-20 ISSUED BY GOVERNOR GAVIN NEWSOM. THE CIVIC CHAMBERS WILL BE CLOSED TO THE PUBLIC. President Gonzalez Edmond called the meeting to order at 9:31 a.m. FLAG SALUTE President Gonzalez Edmond asked Commissioner Dowling to lead the Pledge of Allegiance. ROLL CALL Commissioners Phyllis O. Arias, Brandon Dowling, Joen Garnica, Heather Present: Morrison and Susana Gonzalez Edmond 1. COMMENTS FROM THE PUBLIC – PUBLIC WILL HAVE THE OPPORTUNITY TO ADDRESS THE COMMISSION BY SUBMITTING WRITTEN COMMENTS VIA EMAIL TO MARLA.CAMERINO@LONGBEACH.GOV. There were no public comments received. 2. 20-177CS Recommendation to approve minutes: Page 1 of 9 CITY OF LONG BEACH WEDNESDAY, JULY 8, 2020 CIVIL SERVICE COMMISSION TELECONFERENCE, 9:30 AM MINUTES Special Meeting of June 24, 2020 A motion was made by Commissioner Dowling, seconded by Commissioner Garnica, to approve recommendation. The motion carried by the following vote: Yes: 5 - Phyllis O. Arias, Brandon Dowling, Joen Garnica, Heather Morrison and Susana Gonzalez Edmond CONSENT CALENDAR (3 – 4): President Gonzalez Edmond pulled Agenda Item No. 3 for a separate discussion. Passed the Consent Calendar A motion was made by Commissioner Dowling, seconded by Commissioner Garnica, to approve Consent Calendar Item (4), except for Item 3. The motion carried by the following vote: Yes: 5 - Phyllis O. Arias, Brandon Dowling, Joen Garnica, Heather Morrison and Susana Gonzalez Edmond 3. 20-178CS Recommendation to approve examination results: Police Recruit Test #19 (Established 07/01/20) Public Safety Dispatcher - NTN Test #12 (Established 07/02/20) Public Safety Dispatcher - POST WAIVER Test #13 (Established 07/02/20) Commissioner Arias asked, if in the future, Civil Service staff could provide a demographic report for Police Recruit. Ms. Pizarro Winting stated that staff will provide a report to the Commission once the remaining 39 candidates have been tested. A test was scheduled but due to the pandemic, it had to be postponed. Staff is looking at different testing processes for the remaining applicants. For future results, Commissioner Arias asked staff to provide a brief explanation like the one that was just provided so that the Commission is not confused as there have been issues in the past with showing Page 2 of 9 CITY OF LONG BEACH WEDNESDAY, JULY 8, 2020 CIVIL SERVICE COMMISSION TELECONFERENCE, 9:30 AM MINUTES continuous examination results. Ms. Pizarro Winting stated that this is a new way of reporting. Staff will provide more information for each result that comes before the Commission. Commissioner Garnica had asked some time ago if it was possible to have an option to choose multiple races when asked during the application process. It is her understanding that this is something that must be worked out through Human Resources, which is where the documents begin. There is not an update, but Ms. Pizarro Winting will discuss this with Human Resources to see if there is anyway to include that option. Ms. McDonald reported that shortly after the discussion took place, staff did research what other agencies were doing. There is more research needed. A motion was made by Vice President Morrison, seconded by Commissioner Dowling, to approve recommendation. The motion carried by the following vote: Yes: 5 - Phyllis O. Arias, Brandon Dowling, Joen Garnica, Heather Morrison and Susana Gonzalez Edmond 4. 20-179CS Recommendation to approve bulletin(s): Environmental Health Specialist Hazardous Materials Specialist A motion was made to approve recommendation on the Consent Calendar. REGULAR AGENDA 5. 20-180CS RECRUITMENT AND SELECTION COMMITTEE REVIEW OF PROTEST OF WRITTEN EXAMINATION ITEM(S) - FIRE CAPTAIN Commissioner Dowling reported that the Committee met this morning to review the protest analysis. They also heard a thorough report that was provided by Ms. Goings. The Committee recommends that the Commission approves the recommendations as presented. Page 3 of 9 CITY OF LONG BEACH WEDNESDAY, JULY 8, 2020 CIVIL SERVICE COMMISSION TELECONFERENCE, 9:30 AM MINUTES A motion was made by Commissioner Arias, seconded by Commissioner Garnica, to approve recommendation. The motion carried by the following vote: Yes: 5 - Phyllis O. Arias, Brandon Dowling, Joen Garnica, Heather Morrison and Susana Gonzalez Edmond 6. 20-181CS RECOMMENDATION TO APPROVE PROTEST OF WRITTEN EXAMINATION ITEM(S) - FIRE CAPTAIN Ms. Goings briefed the Commission regarding this item. A motion was made by Commissioner Dowling, seconded by Commissioner Garnica, to approve recommendation. The motion carried by the following vote: Yes: 5 - Phyllis O. Arias, Brandon Dowling, Joen Garnica, Heather Morrison and Susana Gonzalez Edmond 7. 20-174CS COVID-19 RELATED: UPDATE TO CIVIL SERVICE COMMISSION ON HEARING SCHEDULE Communication from Christina Pizarro Winting, Executive Director Ms. Pizarro Winting briefed the Commission regarding this item. She stated that the Commission asked her and Mr. Anderson to report back on a few items. Mr. Anderson provided a report on if the Commission is violating any rules and if there are any hearings that the attorneys believe can move forward. He stated that the Commission is not violating any rules by delaying hearings as there are local and state orders in place regarding the postponement of administrative hearings to practice social distancing. The orders have recently been revised to allow for hearings to be conducted remotely. In person hearings can take place when social distancing is practiced, and facial coverings are worn. Mr. Anderson was able to speak with Mr. Peters and Mr. Trott regarding the hearing schedule. He stated that they agree to resume hearings in August where they can practice social distancing; however, they do not want to be confined to wearing a mask during the hearing. Mr. Anderson stated that this would be problematic given the local order requires city employees to wear facial coverings at all times. The attorneys mentioned that the boardroom at the Water Page 4 of 9 CITY OF LONG BEACH WEDNESDAY, JULY 8, 2020 CIVIL SERVICE COMMISSION TELECONFERENCE, 9:30 AM MINUTES Department would be a good place to conduct hearings as it would accommodate everyone with social distancing and mentioned putting up a plastic partition. Commissioner Garnica asked for clarification if not wearing face coverings applied to the attorneys and their clients only. Mr. Anderson confirmed that was correct. Ms. Pizarro Winting reiterated that face coverings are required per Dr. Davis. Mr. Anderson also spoke with the attorneys regarding conducting remote hearings. They prefer in person hearings so that they can judge the credibility of witnesses. In addition, wearing a mask for several hours would be uncomfortable. Commissioner Morrison commented that she would not be comfortable with the attorneys not wearing a mask. A brief discussion took place with President Gonzalez Edmond, Commissioner Arias and Mr. Anderson regarding due process rights and continuing hearings for 90 days. Mr. Anderson stated that both attorneys are willing to enter into an agreement that stipulates due process rights are not being violated and stipulating to a continuance of hearings for 90 days. A written agreement will be provided to the Commission. Commissioner Garnica wanted to know if any outdoor spaces have been considered, and if we do not have any city properties, perhaps partner properties like at the Terrace Theatre, hotel grounds or Convention Center can be utilized. She prefers to wait 90-days and not sure where the tipping point is or if it has already happened but safety of all involved is of the utmost importance. Knowing that there is over a year’s worth of hearings to go through, she just wants to be conscious of what it may look like at the other end when things are back to normal. It is not necessary to come up with a plan at the moment but be cognizant of the backlog that is being created. Ms. Pizarro Winting reported on what the tipping points are before moving forward with utilizing hearing officers and if hearings can be conducted outdoors. Staff reached out to a few hearing officers and only received a response back from one. She stated that the hearing officer is not conducting any in person hearings now but plans to via teleconference. We are still researching holding outdoor hearings. With Dr. Davis’ order to wear face coverings at all times, it would not make a difference with attorneys because they do not want to conduct hearings with a face covering. Staff will work on identifying some places. Page 5 of 9 CITY OF LONG BEACH WEDNESDAY, JULY 8, 2020 CIVIL SERVICE COMMISSION TELECONFERENCE, 9:30 AM MINUTES Commissioner Dowling wanted to know if there has been any proactive communication from staff or attorneys to appellants apprising them of the process and where we are regarding hearings. Mr. Anderson responded that he spoke with Mr. Trott who has been communicating with some of his clients. In addition, Mr. Trott advised Mr. Anderson that his clients are not reaching out to him as well. Mr. Anderson added that the Office of Administrative Hearings is not conducting hearings. President Gonzalez Edmond informed the Commission that previously there was a backlog of hearings. At that time, the Commission did a good job in catching up with most of the hearings. Commissioner Morrison wanted to mention that there is unlikely to be a lot of new cases accumulating during the pandemic time period. Commissioner Garnica commented that because we are in a space for a long period of time, she would prefer to be outdoors verses indoors as it relates to conducting hearings. Commissioner Arias stated that since the Commission has been provided with the information that was requested, we will wait for the 90-day agreement. Mr. Anderson stated that the agreement will be placed on the agenda for next week. President Gonzalez Edmond did request Ms. Pizarro Winting to update the Commission with any changes that may take place regarding protocols. A motion was made by Commissioner Arias, seconded by Vice President Morrison, to approve recommendation. The motion carried by the following vote: Yes: 5 - Phyllis O. Arias, Brandon Dowling, Joen Garnica, Heather Morrison and Susana Gonzalez Edmond 8. STANDING COMMITTEES A. Executive Committee This Committee did not meet. B. Recruitment and Selection Committee Page 6 of 9 CITY OF LONG BEACH WEDNESDAY, JULY 8, 2020 CIVIL SERVICE COMMISSION TELECONFERENCE, 9:30 AM MINUTES Commissioner Dowling provided a report under Agenda Item No. 5. C. Special Projects Committee This Committee did not meet. 9. REPORTS FROM MANAGERS A. Recruitment Division - Christina Pizarro Winting Ms. Pizarro Winting did not have any updates to report. B. Employment Services Division - Caprice McDonald Ms. McDonald did not have any updates to report. C. Administration Support Services - Maria Alamo Ms. Alamo did not have any updates to report. D. Executive Director - Christina Pizarro Winting Ms. Pizarro Winting thanked the Recruitment and Selection Committee for meeting this morning. She stated that we are in the process of obtaining our own Zoom account which has a great feature that allows participants to be placed in separate rooms. This will facilitate moving into closed session much easier. Because Zoom can be used for public facing meetings, it is possible for the Commission to use this application and is something for them to think about. 10. UNFINISHED BUSINESS Ms. Pizarro Winting informed the Commission that we are in the process of scheduling a meeting with IAM. Commissioner Arias asked if there was any feedback received from the memo. Ms. Pizarro Winting reported that no information has been received. 11. NEW BUSINESS President Gonzalez Edmond would like the Commission to think about how long the Page 7 of 9 CITY OF LONG BEACH WEDNESDAY, JULY 8, 2020 CIVIL SERVICE COMMISSION TELECONFERENCE, 9:30 AM MINUTES Commission plans to implement weekly meetings. She would also like the Commission to consider going dark on the 5th Wednesday of the month. She stated that there are three months left in the year that have five Wednesdays. The Commission agreed to go dark on the 5th Wednesday of the month in July, September and December. Commissioner Arias requested Ms. Pizarro Winting’s feedback regarding the weekly meetings and if it has been beneficial. Ms. Pizarro Winting reported that it has been very helpful to have the Commission meet weekly and departments are very appreciative. She stated that we are still in rush mode due to the pandemic as well as for budgetary reasons. Ms. Pizarro Winting used the bulletins that were on the today’s agenda as an example of how we are still rushing to do things. Commissioner Garnica agrees to meeting weekly as long as it is needed. Commissioner Arias suggested that the Commission agree to go through a certain period and then revisit the topic. President Gonzalez Edmond agrees with circling back after summer. A discussion took place between President Gonzalez Edmond and Ms. Pizarro Winting regarding identifying COVID-19 related items. The bulletins on the agenda today were not identified as being COVID-19 related. Ms. Pizarro Winting stated that we have never identified bulletins as COVID-19 related, but we will start. Commissioner Arias asked if the Commission was planning to have a virtual follow up to the retreat. It was discussed that the Commission preferred to do it in person but due to the pandemic lasting as long as it has it will need to be virtual. The meeting will also need to be made open to the public. It was discussed that as long as the Commission is not discussing information that is within the jurisdiction of the Commission, the meeting does not need to be open to the public. Ms. Pizarro Winting will look at a date in August or September after a Commission meeting. Commissioner Arias asked Mr. Anderson to send the Commission a link to the new language. Mr. Anderson will send the link. ADJOURNMENT President Gonzalez Edmond adjourned the meeting at 10:27 a.m. NO HEARING Page 8 of 9 CITY OF LONG BEACH WEDNESDAY, JULY 8, 2020 CIVIL SERVICE COMMISSION TELECONFERENCE, 9:30 AM MINUTES NOTE: If written language translation of the Commission agenda and minutes for non-English speaking persons is desired, please make your request by phone to the Office of the City Clerk at (562) 570-6101, 72 business hours prior to the Commission meeting. Kung nais ang pagsasalin ng nakasulat na wika ng agenda ng Komisyon at ang minutes para sa mga taong hindi nagsasalita ng Ingles, mangyaring isagawa ang iyong hiling sa pamamagitan ng telepono sa Opisina ng Clerk ng Lungsod sa (562) 570-6101, 72 oras ng negosyo bago ang pagpupulong ng Commission. Si desea obtener la traducción escrita en otro idioma de la agenda y actas de la comisión para personas que no hablan inglés, haga su solicitud por teléfono a la Oficina de la Secretaría Municipal al (562) 570-6101, 72 horas hábiles antes de la reunión de la comisión. Page 9 of 9