Sycamore Fire and Police Commission

Sycamore Fire and Police Commission

Meeting Minutes

January 26, 2004

The meeting was called to order at 10:30 a.m. In attendance were Commissioner George Beasley, Commissioner Richard Ubl, Commissioner-appointee Samantha Dailey, Police Chief Don Thomas, Fire Chief Bill Nicklas, City Attorney Keith Foster, and Attorney Kevin Buick.

City Clerk Candy Smith swore in Commissioner-appointee Samantha Dailey.

APPROVAL OF THE AGENDA

Motion

A motion to approve the agenda as presented was made by Commissioner Ubl and seconded by Commissioner Dailey.

Vote

Ayes: 3

Nays: 0

Abstain: 0

ELECTION OF OFFICERS

Motion

A motion to elect Commissioner Beasley as the Chairman of the Fire and Police Commission was made by Commissioner Ubl and seconded by Commissioner Dailey.

Vote

Ayes: 3

Nays: 0

Abstain: 0

Motion

A motion to elect Commissioner Ubl as the Secretary of the Fire and Police Commission was made by Commissioner Dailey and seconded by Chairman Beasley.

Vote

Ayes: 3

Nays: 0

Abstain: 0

Chairman Beasley explained that he and Commissioner Ubl would hold these offices until May 1, 2004, at which time the regular election of officers on the committee will take place.

APPROVAL OF THE MINUTES

Motion

A motion to approve the minutes from the October 18, 2003 meeting, as written, was made by Commissioner Ubl and seconded by Commissioner Dailey.

Vote

Ayes: 3

Nays: 0

Abstain: 0

COMMUNICATIONS

Firefighters Promotion Act

Chief Riddle explained that in August 2003 the State Firefighters Promotion Act was passed. Chief Riddle gave each Commissioner a copy of this Act and asked that they look at the Commission’s present Rules and Regulations for promotion and amend them to conform to this Act. Most of the Act pertains to the procedure that the Commission must now follow. Chief Riddle said that there is a checklist available to use, and that he would try to obtain a copy of it for the Commissioners. Chairman Beasley stated that he had already received a copy. Commissioner Ubl asked Chief Riddle who supplied the 90-day study program that is referred to in the Act. Chief Riddle explained that the testing company that is retained to provide the promotional examination supplies the study program. He said that two copies of these reference materials must be made available to the candidates; one is kept in the Department. These study materials must be retained by the Department for five years. City Attorney Foster asked Recording Secretary Tritle to look at the Commission’s Rules and Regulations, make the necessary changes to them to conform to the Firefighters Promotions Act, and submit them to him to review.

NEW BUSINESS

Discussion of the Open Meetings Act

City Attorney Foster explained Recording Secretary Tritle asked that, with the changes to this Act and especially with a new Commissioner coming on board, he discuss the Open Meetings Act as it pertains to the procedures the Commission must now follow during its regular meetings. He said that Attorney Kevin Buick would review the Act with the Commissioners. Mr. Buick explained that there was a significant change to the Open Meetings Act that became effective on January 1, 2004. This change relates primarily to closed sessions of the meeting. The Act makes it mandatory that closed sessions be

recorded, either on audio or videotape; any action that is deliberated upon in closed session must be a part of this recording. He said that this change to the Act came about due to the Public’s concern that matters taking place behind closed doors at all levels of government were not necessarily focusing themselves on the appropriate exceptions to the rules as they pertained to the tasks at hand. He explained that what the Fire and Police Commission does is many times centered on closed session types of matters, so it is important to note that we now have this obligation. He said that it is also important to note that, with respect to this obligation, the recordings themselves do not become public record at any step of the proceedings. These recordings are held for a period of time, typically the 18-month period that is required by the Act. In the event that there is an allegation that the Open Meetings Act was violated, a complaint can be filed, and a Circuit Court Associate Judge can review the recordings to make a determination as to whether or not the Act was violated. There is still the requirement that, for closed sessions, written minutes still be maintained and kept just as they always have been. The Commission is still required to review these minutes on a periodic basis to determine if they are still of a confidential nature or if they can now be released for public viewing. He reiterated that this refers only to the written minutes and not the audio or video recordings of the closed sessions, as these recordings will typically be destroyed after the 18-month time period. Attorney Buick went on to explain hearing procedures are something that is more germane to the Commission than the Open Meetings Act. Back in July of 2003, the City adopted an ordinance that modified hearing procedures. While this ordinance was a result of hearings pertaining to land use, its content is broad enough to cover what the Commission does as well. Essentially, this Ordinance ensures that a fair and organized hearing process will take place. It sets forth general guidelines on how a hearing should be conducted. Mr. Buick recommended that the Commissioners review this ordinance, as it may be somewhat different than the guidelines the Commissioners currently follow. While the Chairman of the Commission will still have control over the proceedings, the Ordinance provides specific guidelines to ensure opportunities for questioning of witnesses are provided. Attorney Foster brought copies of this Ordinance to give to the Commissioners to review. Chairman Beasley stated that he wanted to make sure that he has the right idea as to what the job of the Commission actually is. He said that he feels it is the job of the Commission to ensure that people are being dealt with fairly. He went on to explain that the function of the Commission is to act as a liaison between the Chief and his staff. The Commissioners need to make sure that they are hearing both sides in a dispute, to ensure that they make a proper decision. Attorney Buick confirmed that this indeed is the obligation of the Commission and there are certain procedural rules in place that have been designed to protect this process. Commissioner Ubl asked that, per the Open Meetings Act, the audio or visual recordings of closed sessions need only be kept for a minimum of 18 months, but wondered how long the written minutes must be kept. Attorney Buick explained that the Commission must approve these minutes and that they do remain closed as long as they need to remain closed. However, twice each year, the Commissioners are required to review the closed session minutes. They must open to the public any portion of these minutes that no longer need to be kept closed. Attorney Buick did state that much of what the Commission discusses in closed session is personnel related and, for this reason, the minutes from these sessions would probably remain closed. However, with the audio or video recordings that are now required, the Circuit Courts now have a means to make sure that closed sessions are being conducted in accordance with the law.

End of Firefighter Patrick Dulzo’s Probationary Period

Chief Riddle sent a letter to the Commission to inform them that Firefighter Patrick Dulzo had met all of the terms of his training in order to complete his probationary period. Chairman Beasley indicated that the Commission would send Firefighter Dulzo a letter acknowledging that he is no longer on probationary status as of January 13, 2004.

Motion

A motion to acknowledge the end of Firefighter Patrick Dulzo’s probationary period and to appoint him to the position of full-time Firefighter on the Sycamore Fire Department was made by Commissioner Ubl and was seconded by Commissioner Dailey.

Vote

Ayes: 3

Nays: 0

Abstain: 0

Discussion to decide upon a regularly scheduled meeting time

Chairman Beasley explained that he brought up the question of setting up a regular time for the Commission to meet and wondered how the other Commissioners felt about the idea. Commissioner Dailey asked how often the Commission currently meets. Chairman Beasley explained that the Commission currently meets only on an as-needed basis. He feels that there may be an advantage to having a regular scheduled meeting so that the Chiefs and their staff members will know in advance when the Commission is meeting and can make plans to attend. Commissioner Ubl said that it is mandatory that the Commission meet in May to elect officers for the year. He recommended that the Commission meet on a quarterly basis, so that the Commissioners can stay current with the activities of the Police and Fire Departments. The Commission would continue to meet on an as-needed basis when items such as promotions or new hirings occur. Commissioner Dailey stated that she agrees with Commissioner Ubl. Chairman Beasley asked if the May meeting would be the meeting for the second quarter. Commissioner Ubl said that the meetings should probably be based on the City’s fiscal year, which is May 1 – April 30. Since the Commission is required to present an annual report to the City Council in May, the Commissioners should probably plan on meeting the first week of May. Chairman Beasley asked, if everyone is available for Monday meetings, if it would be alright with the other Commissioners if he and Recording Secretary Tritle checked the calendar and presented potential dates at the next meeting. Once the dates are approved by all of the Commissioners they can be made public. Commissioners Ubl and Dailey agreed. City Attorney Foster shared a handout with the Commissioners that explains there are certain circumstances in which the Commissioners are required to meet and schedule hearings within thirty days of the occurrence of one of these circumstances. Chairman Beasley said that, in the past, the Commission has usually been able to schedule a meeting or hearing long before the thirty days are up.

Discussion concerning amending the Rules and Regulations to give preference points for education and to certified Police Officers and Firefighters during the testing process

Chairman Beasley asked Chief Riddle and Chief Thomas for their thoughts regarding this matter. Chief Riddle stated that he thought this was covered under the present Rules and Regulations. Recording Secretary Tritle explained that this issue came up during the last testing process for entry-level Police Officers. Chief Thomas acknowledged that the State law concerning the Fire and Police Commission would allow the Commissioners to change Sycamore’s rules regarding preference points for military service, prior service, and education. Sycamore’s current rules only allow preference points for military service, both for new hires and promotions. Chief Thomas requested that the Commissioners consider changing the rules for new hires so that both military service and prior service would count toward giving eligible candidates up to five preference points. He said that he is not recommending at this time that the Commissioners consider preference points for education because he believes that the reading and writing ability of the candidates is directly reflected in their test scores. Currently, Sycamore’s rules concerning preference points for promotions only allow up to five points for military service. Chief Thomas recommends that preference points for education should be allowed at this level, which is also allowed by State law. Chief Thomas said that he does not anticipate any testing during the next fiscal year for either new hires or promotions, as the current promotions list is good for another two years and the new hire list for another year and one-half. His department is not looking to hire any new officers nor promote any officers until May 2005, since he anticipates that Sgt. Keith Snyder may be retiring at that time. Commissioner Ubl asked Chief Thomas to restate how preference points are applied for officers with previous experience. Chief Thomas explained that State law allows preference points for prior service as a Police Officer and for education. Sycamore’s Rules and Regulations currently only allow preference points for military service, and Chief Thomas said that he would like to also allow preference points for prior service. Chairman Beasley verified that Chief Thomas did not recommend education preference points for a new hire. Chief Thomas said that was correct and explained that he does not feel that the preference points for education are as important. The City has a very generous education policy; candidates who do well on the test (i.e. they have good reading and writing abilities) and are hired by the department will have the opportunity to further their education while serving as a Police Officer. This way, they become lifelong learners as well. In the case of promotions, however, Chief Thomas said he feels that it is important for the candidates to have a college education. This shows that the officers who are interested in being promoted are thinking toward the skills they will need if they do proceed to the next rank. In summary, Chief Thomas recommends that new hires receive up to five preference points for military service and prior police service. Those officers being considered for promotion would receive up to five preference points for military service and education. Chief Thomas clarified that, in each case, the preference points are not cumulative. The maximum amount of preference points awarded to any one candidate is five total. He explained that to award five points for military and another five for prior service for education would drastically skew the final scores of candidates, so this is why only five points total are awarded. Commissioner Ubl asked Chief Thomas if his staff is aware that they could receive preference points for education if they participate in the promotional exams. Chief Thomas said that from the day an officer is hired, he or she is made aware of the fact that continuing education is a necessity for promotion within the Department. Chairman Beasley asked if this education should only pertain to the law enforcement curriculum. Chief Thomas concurred, explaining that while a degree in another line of study is helpful in some respects, it is better if the candidate’s course of study pertains to the different areas of law enforcement. Commissioner Ubl asked if, from a legal standpoint, there would be any objection to requiring that the education that is eligible for preference points be in the areas of law enforcement. City Attorney Foster said that there is not anything objectionable, as these are rules that the Commission is entitled to make. He explained that, per the State Rules and Regulations, preference points may be awarded for a Bachelor’s Degree in any course of study, and may be awarded for an Associate’s Degree in courses of study specifically related to law enforcement or fire science, in the case of Firefighters. Chairman Beasley asked City Attorney Foster to clarify that preference points must be given for a Bachelor’s Degree in any course of study. Attorney Foster said that this is correct and, again, it was up to the Commissioners to make this rule. Chief Thomas said that, if a person earns a Bachelor’s Degree in any subject, it demonstrates that they are capable of learning a body of knowledge. He is certain that most of the candidates will get their degree in law enforcement, as either a major or a minor, though even a business degree would be helpful for someone who becomes a Lieutenant or a Chief. Chairman Beasley asked that this matter be taken under consideration until the next meeting.

Police Chief

Chief Thomas reported that Officer Edward Richter, who has been serving in the military for the last 14 months, would be graduating with his Green Beret sometime in March. He is expected to return to Police Department on April 1, 2004. Officer Richter still has four months of probation left to fulfill, and it is anticipated that he should be successful in completing it in August. It is anticipated he will make a successful completion. At that time, Chief Thomas will send a letter to the Commissioners to recommend to that Officer Richter’s probation period be ended or extended, as the case may be. Chief Thomas also reported again that, barring any unforeseen resignations, he does not anticipate that there will be any new hires or promotions in the Department until May 2005. Commissioner Ubl asked if the current eligibility list would expire by that time. Chief Thomas said that the list would still be in effect at that time. He said that his Officers have all remarked about how great the candidates on the current list are. Chairman Beasley asked Chief Thomas to clarify what he meant about extending Officer Richter’s probation period. Chief Thomas explained that he would either ask the Commissioners to end it if Officer Richter successfully completes his probationary period or not renew it if he does not. Chairman Beasley asked if Chief Thomas has ever asked for an extension of a probationary period. Chief Thomas explained that the probationary period typically runs for year after the Officer returns from training – not from the date of hire. Training typically lasts three months. Chairman Beasley said that this is a unique situation because Officer Richter was called to military duty during his probationary period. Chief Thomas reminded the Commissioners that they had discussed the choices they could make regarding his probation back when Officer Richter received his orders. They could choose to end his probation or they could interrupt it and either start the 12 months over when he returned or have him pick up where he left off, with four months left to complete. Chief Thomas said the Commissioners decided at that time to have him pick up where he left off when he returns.

Fire Chief

Chief Riddle reported that the Fire Department hopes to hire two new Firefighters on May 1, 2004. He said that several questions regarding these two new positions came up during contract negotiations with the IAFF. Chief Riddle said that he asked City Attorney Foster to look at these questions, and give his recommendation on them. Chief Riddle passed out copies of the questions and Attorney Foster’s response to the Commissioners. Chief Riddle explained that he wanted to bring the Commissioners up to date on the Fire Department’s thoughts on the following questions, and asked the Commissioners to take them under advisement for future action:

Paramedic Certification before hire: The Sycamore Fire Department currently follows the State statute in their hiring and testing processes, with the exception of requiring the prerequisites of Firefighter II and EMT-B. Chief Riddle would like to know if the Department could raise the prerequisites so that applicants could only be appointed if they were certified as a Firefighter II and a Paramedic. The thinking behind this is the fact that, since the State has extended the Paramedic curriculum by several hundred hours, it costs the Department $25,000 to get a non-certified Firefighter trained to become a Paramedic. Also, it takes 3 – 5 years for a new hire with no prior experience or certifications to become a viable member of the Department. The Department ends up putting a lot of money into training for a 20-year career. For these reasons, the Fire Department would like the Fire and Police Commission to consider raising the prerequisites for new hires. Chief Riddle said that most Departments in Northern Illinois do require that candidates either sit for the exam or be certified as Paramedics before they are appointed. He explained that, according to Attorney Foster, this is something that can be changed under Home Rule.

Voiding the current list: Chief Riddle asked Attorney Foster if the current eligibility could be voided and a new testing process begun if the Commissioners change the Rules and Regulations to require that Paramedic certification be a requisite for employment with the City. Chief Riddle reported that, according to Attorney Foster’s research, this is not possible. The current list must stay valid until it expires in August 2004.

Bypassing candidates on the current list: Chief Riddle wondered, if Paramedic certification is required for a new hire and the current list cannot be voided, if the Commission would have the authority to bypass any candidate on the list who is not certified. According to Attorney Foster, this is not possible. The candidates on the current list must meet the certification requirements that were in place when the list was created.

Lateral entry: the Fire Department is currently participating in a Paid-on-Call intern program, in which the Department furnishes tuition to Community College and Paramedic School in return for three years of service and 24 hours of work in the Department per week. Chief Riddle would like to be able to either appoint these interns to positions in the Department at the end of the three years or, if this is not possible, grant them a preferred status during the testing process. Chief Riddle explained that the thought behind this came from the fact that the Police Department was able to hire three certified officers last year through a lateral entry-hiring program. Attorney Foster found that this is not possible for the Fire Department. Chief Riddle said that the interns will receive an advantage during the testing process, however, as State statute allows preference points for cadets and for time spent on a Department as a Paid-on-Call Firefighter. Plus, by that time, they will possess all of the necessary certifications.

Chief Riddle asked that the Commissioners consider making the requested changes, as the Department may be hiring two new Firefighters this year if the budget so allows. Commissioner Ubl asked how the requested change would affect the budget, in that the pay scale for new hires may need to be increased if they are already certified paramedics when they begin their service for the City. Commissioner Ubl wondered if this was something that the City Council would need to approve. Chief Riddle explained that they are building this into the Union contract and that, compared to the cost of training, it is not a considerable amount of money. He said that it used to take an individual one semester to complete Paramedic training; since the State has extended the curriculum, it now takes one and one-half years. He said if the Commissioners change the hiring qualifications, the City statutes would also need to be changed. Commissioner Ubl asked if, in order for the change in hiring requirements to take place, the Commission would have to write a new hiring process for the Fire Department that would incorporate the new certification requirements. Chief Riddle confirmed this, stating that this action was allowed under Home Rule. Attorney Foster concurred. Chief Riddle reiterated that this would be for future tests, as the current list cannot be voided. Chief Riddle also suggested that, since the current list expires in August, the Commissioners may want to consider starting the testing process earlier, possibly in June, so that a new list will be ready to be put in place on the day that the current list expires. Commissioner Ubl asked about the candidates on the current list. Chief Riddle said that the next two who are eligible to be hired if a position were to come open are not currently certified Paramedics. Commissioner Ubl wondered if the City would have any objections to making this change. Attorney Foster confirmed that the City would have an interest in this. Chairman Beasley wondered if there was any way a lateral entry program could be initiated, especially if there is a local candidate who was born and raised in the area and is receiving training through the Department’s intern program. Attorney Foster said that these candidates do have some advantage, as they are eligible for preference points. Commissioner Ubl asked if a new testing program would need to be initiated by the Commission, including determining how preference points will be applied. He asked Chief Riddle where a person goes to receive Paramedic training. Chief Riddle said that while there are several different programs throughout the country, training in Illinois it is usually done through a hospital working in conjunction with a local college. Most of these programs are now Associate Degree programs. Chief Riddle also said that an argument against requiring Paramedic certification for a new hire would be that it would limit the pool of eligible candidates. He does not believe that this is a problem in that today, most people who are interested in a career in Firefighting are obtaining the necessary education to make themselves better candidates for the job. Chief Riddle feels strongly that a baseline of knowledge should be required for entry into this job. He also feels that there will be a large pool of candidates available, as the Fire Department has to get the word out about the need for these certifications when addressing students and participating in job fairs. He explained that Paramedic certification is actually more important then the Firefighter II certification, because the Firefighter II certification can be obtained in about 9 weeks at a cost far less than that for Paramedic training. Commissioner Ubl asked Chief Riddle how soon he would like these changes to be made. Chief Riddle said that he would like to see them enacted by May. Chairman Beasley said that this is something that should be run by the City Council as well. Attorney Foster said that the Council is already aware of the request.

CLOSED SESSION

Motion

A motion to go into closed session to discuss personnel issues was made by Commissioner Ubl and seconded by Commissioner Dailey.

Vote

Ayes: 3

Nays: 0

Abstain: 0

Closed Session began at 11:15 a.m.

Motion

A motion to return to open session was made by Commissioner Dailey and was seconded by Commissioner Ubl.

Vote

Ayes: 3

Nays: 0

Abstain: 0

Open session reconvened at 11:20 a.m.

ADJOURNMENT

Motion

A motion adjourn the meeting was made by Commissioner Ubl and was seconded by Commissioner Dailey.

Vote

Ayes: 3

Nays: 0

Abstain: 0

The meeting adjourned at 11:21 a.m.

Minutes accepted by:

____________________________________________

George Beasley, Chairman Date

Attest:

____________________________________________

Jean Tritle, Recording Secretary Date