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HomeMy WebLinkAbout08/07/2001 BFPC minutes " Village of Mount Prospect 112 E. Northwest Highway Mount Prospect. Illinois 60056 BOARD OF FIRE AND POLICE COMMISSIONERS Phone 847/870-5656 Ext. 303 MINUTES August 7, 2001 PRESENT: CHRISTOPHER LENZ, Chairman MARIE COTTEN, Secretary ROBERT McKILLOP, Commissioner CLYDE BROOKS, Commissioner (Arrived at 6:20pm) ABSENT: CLAUDE BJORK, Commissioner Also present were Fire Chief Mike Figolah, Deputy Fire Chief John Malcom, Police Chief Richard Eddington and Acting Deputy Police Chief Kevin Condon Chairman Lenz called the meeting to order at 6: 1 0 p.m. A motion was made by Commissioner Cotton and seconded by Commissioner McKillop to accept the minutes of the open meeting of June 6' 2001. Ayes: Lenz, Cotten, McKillop Nays: None Motion carried. APPROVAL OF POLICE NEW HIRE TESTING PROCESS Chief Eddington stated that dates for testing have not yet been secured. Commissioner McKillop made a motion to approve the new hire process as submitted subject to the finalization of testing dates. Motion Seconded by Commissioner Cotton. Ayes: Lenz, Cotton, McKillop Nays: None Motion Carried. Chief Eddington was asked to notify the commission once the dates are set. DISCUSSION OF POLICE DEPARTMENT PROMOTIONAL TESTING PROCESS WITH LASSER AND ASSOCIATES This item was postponed until the next BOFPC meeting Deputy Chief Condon reported that all 3 candidates sent for polygraph testing passed. Two of them are being sent for the medical exam. The academy is scheduled to start on September 10, 2001. They will be going to The City of Chicago Metro academy. The Village Manager has approved hiring these officers prior to the start of the academy. Commissioner McKillop thanked Chief Eddington for his communications with the BOFPC. REVIEW OF FD NEW HIRE APPLICATION Chief Figolah stated that the application used for the last hiring process had been sent to the City Attorney and to the FD Labor Attorney for review. The City Attorney had passed it on to a member of his law firm for review. The attorneys reviewing the document have submitted memos outlining their concerns with the application. The memos had previously been distributed to the BOFPC. Chairperson Lenz opened the discussion by raising concern about the following topics in the memo dated May 2, 2001, from Lisa Behm to Steve Rynecki. Discussion took place on each topic and resolution was reached as stated: (Recommendations contained in the memos that were not discussed were agreed to by the commission without comment) Citizen requirement Legal opinion is that the BOFPC can not discriminate based on citizenship status for the position of entry level ~ire Fighter Paramedic. Citizenship can be required for Police Officer, but not for the Fire Department. The question, "are you a US citizen?" can remain on the application as long as a negative answer is not a cause for rejection. The candidate must be allowed to present proper paperwork showing work authorization in the US. Clyde Brooks arrived at 6:20pm. Military Service - The application can not ask about discharge status. It is illegal to discriminate based on the type of military discharge. We can only ask if they have been dishonorably discharged. We have been cautioned about asking questions about foreign military service due to the danger of discrimination based on national origin. We cannot ask about conscientious objector status. Authorization to check references One legal opinion suggests that a separate authorization to check reference form for each professional, personal and employment reference listed on the application. The commission agreed not to do this, unless legal counsel gives a stronger argument. Final read and sign One legal opinion given suggests that we include language that would have the candidate agree to arbitrate any employment disputes arising during employment. The commission is confused as to what this would apply to. Chief Figolah stated that this is something that Assistant Village Manager Dave Strahl had recommended. The commission requested further information about this before it would agree to it. Affirmative Action Form The commission supports the use of this type of form. Commission Brooks asked about the use of a credit report. We currently do not have the applicant sign an authorization to run a credit report. Legal opinion is that we should have applicants grant approval. The credit questions on the application would be removed. The commission supports this change. Chairperson Lenz open discussion about the memo dated June 29, 2001, from TMM to EMH: Height, weight, hair and eye color inquiries These questions will be removed from the application. They are part of the applicant's driver's license, which is supplied for the background check. Requirement of certified copy of education transcripts No change in current procedure required. Commissioner Brooks asked for clarification on how the final revised application would be approved. Chief Figolah agreed to submit a revised application for approval by the Commission at a future meeting. Disability Pension This question must be removed. Medical questions before an offer of employment violatøtheAD.A..:<JLth.e.Gandidate can perfor:m.thejob atthe. time of hire, previous medical issues are considered irrelevant. Commissioner McKillop expressed concern about this issue. Due to the unique physical requirements of the fire service, he feels that the doctor during the physical exam should take previous medical problems, such as those related to the back, into consideration. Chief Figolah stressed that it is illegal to consider medical history in consideration for employment. The commission felt that since the job description is supplied to the doctor for the medical exam, it should contain accurate information concerning lifting. Operation of an automobile The commission found the legal opinion about this question to be confusing. After discussion, it was determined that no change to the application was necessary. Commissioner Brooks asked if credit checks are being done on applicants. Chief Figolah stated that they turn over the background check over to the State Police. It is not known if they run a credit check. Fingerprints are sent to the State Police. The Deputy Chief sends letters to the references. Chairperson Lenz requested that the Police Department be used for all Fire Department new hire background investigation. Discussion took place about how this could occur. Chief Figolah will look in to this and report back to the commission at the next meeting. There was discussion about where the responsibility for the background check lies, the BOFPC or the Human Resources department of the village. Mike will check into this matter also. Mike Figolah agreed to revise the current application to include the items agreed to by the commission. He will provide an update at the next meeting IFPCA FIRE DEPARTMENT PROMOTION LEGISLATION Chairperson Lenz introduced this item by explaining that the executive committee of the IFPCA had sent this proposed legislation out to all of its member commissions asking for feedback. Chairperson Lenz will be communicating the BOFPC comments back to the IFPCA Executive committee. Chairperson Lenz thanked the Fire Chief for his review of the proposed legislation. The discussion followed the outline of Chief Figolah's July 14, 2001 memo to Chairperson Lenz. Only topics that are in dispute were discussed. Chairperson Lenz pointed out that it is the goal of the IFPCA to present legislation to the Illinois House for consideration. It is hoped that the legislature will compel the Fire Fighters representatives to negotiate with us on a final version. Chief's Points Chairperson Lenz explained that the number of proposed chief's points in the legislation (15) is based on a statewide average of points used by commissions. This issue that this is attempting to address is the concern that a fire chief will use the chiefs points to either promote or not promote a candidate. Chairperson Lenz acknowledged that the system used by chief Figolah protects candidates from unfair treatment. He also pointed out that the original bill subjected all the percentages in the testing process to collective bargaining. Chief Figolah started his comments by explaining that the Merit and Efficiency points for the fire department are awarded by the lieutenants and captains. He feels that they are in a better position to evaluate the candidates for promotion. The term Chief's points is misleading. As the chief of the department, he does not grade any part of the process. This guards against accusations of favoritism. Chief Figolah provided the commission with a detailed explanation of how the merit and efficiency points are awarded and how they fit in to the total process. Commissioner Brooks asked what protection is in place for a candidate that isn't liked by the command staff. Chief Figolah contends that by using all the command staff in the process, that protection is built in to the process. Commissioner McKillop supports the current process as described by the chief. He feels that any proposed legislation should not change the current process used in Mount Prospect. Chairperson Lenz asked for a consensus to recommend to the IFPCA that 25 % be used for chief points. The commission agreed based on the fact that the current process includes 5 points for seniority in the merit and efficiency points and the proposed legislation awards these points separately. At 7:20 PM Chairperson Lenz ended the discussion so that the Commission could attend the Village Board Meeting. Chairperson Lenz agreed to prepare a memo to the Executive Committee of the IFPCA. The memo will be shared with the commission prior to being sent. ADJOURNMENT The next meeting is scheduled for September 4, 2001, at 5:30pm. On a motion by Commissioner McKillop and seconded by Commissioner Cotton, the meeting was adjourned on a unanimous vote at 7:20 p.m. Minutes transcribed and approved by Christopher Lenz: 7/'1/01 Date' , %Æ:¿u.;/ {!L:¿iß;v C MaIRe Cotten, Secretary c¡/..¡/o / Date / I