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HomeMy WebLinkAboutPolicy Meeting December 3, 2009 Minutes.pdf1 of 6 LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA December 3, 2009 ********************** Click here for a link to the audio of this meeting. The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Thursday, December 3, 2009. Present were Mayor Kaaren Jacobson, Cr. Sean Becker, Cr. Jeff Krauss and Cr. Jeff Rupp, City Manager, Chris Kukulski, City Attorney Greg Sullivan and Deputy City Clerk Aimee Kissel. * Please refer to the audio recording of this meeting for additional detail. 0:00:03 A. Call to Order - Noon - City Commission Meeting Room, City Hall, 121 North Rouse 0:00:05 B. Pledge of Allegiance and a Moment of Silence Mayor Jacobson asked that we remember in our moment of silence, the four police officers from Lakewood, Washington who died in the line of duty recently. Officers were Sergeant Mark Renninger, Officer Ronald Owens, Officer Tina Griswold and Officer Greg Richards. 0:01:23 C. Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 0:01:31 D. Round Table Discussion (Identifying potential future agenda items arising from the prior City Commission Meetings.) 0:01:50 None. 0:01:52 Motion and Vote to authorize the absence of Cr. Bryson. It was moved by Cr. Rupp, seconded by Cr. Krauss to authorize the absence of Cr. Bryson. Those voting Aye being Crs. Rupp, Krauss, Becker and Mayor Jacobson. Those voting No being none. The motion passed 4-0. 28 Minutes of the Bozeman City Commission Policy Meeting, December 3, 2009 2 of 6 0:02:13 F. Policy Discussion 0:02:16 1. Police and Fire Hiring Practices (Kent, Shrauger, Berg) 0:02:29 Chris Kukulski, City Manager Mr. Kukulski gave a brief introduction and history on the subject with the primary focus for the presentations being the changes that have been made to the hiring practices. 0:05:28 Marty Kent, Acting Chief of Police Mr. Kent gave a staff presentation on changes to the police hiring practices. The department reviewed the entire background investigation process and the questions that were asked. Changes include removing the internet disclosure form. They have also removed questions in the personal history statements related to log in information, websites visited most frequently, etc. In addition, they do not request bank account numbers. They also looked at their application waiver packets, choosing to mirror their packets with fire although police does go into a little more depth. The letter informing an applicant at the end of the background process has also been revised for clarity. 0:11:58 Cr. Becker Cr. Becker asked why the applicant is asked about tattoos and body-piercings. 0:12:01 Mr. Kent Mr. Kent explained the department’s views regarding tattoos and body-piercings. 0:13:07 Cr. Becker Cr. Becker asked why applicants are asked to submit a marriage license. 0:13:11 Mr. Kent Mr. Kent explained that the investigation process includes speaking with spouses and ex- spouses. 0:14:37 Cr. Becker Cr. Becker asked why applicants are queried regarding child-support. 0:14:40 Mr. Kent Officer Kent explained the department’s views on this issue. 0:15:18 Mayor Jacobson Mayor Jacobson began a discussion regarding tattoos. 0:16:39 Mr. Kukulski Mr. Kukulski began a discussion regarding querying ex-spouses within the investigative process. 29 Minutes of the Bozeman City Commission Policy Meeting, December 3, 2009 3 of 6 0:18:47 Mayor Jacobson Mayor Jacobson asked how the lack of viewing things like facebook during the investigative process affects the ability to learn how a person behaves when no one is looking. 0:19:26 Mr. Kent Mr. Kent said he listened to the request that the Commissioners made in this respect. He believes that while looking on facebook might be quicker, they have other ways to determine a person's character and all the investigative tools are used together to paint a full picture. They will still be able to access public sites. 0:21:42 Jason Shrauger, Fire Chief Mr. Shrauger presented the staff presentation on this subject, saying the department has reviewed the proper level of background investigation for a Bozeman fire fighter. The fire investigation is scaled back a bit from the police process. Like the police dept., they feel the best predictor of future behavior is past behavior and they are looking for an accurate snapshot of a person's behavior when no one is looking. They removed some of the more personal questions on their personal statement form including bank account information, civil litigation and questions regarding traffic infractions and family status type questions. The offer letter has also been revised for clarity with waiver forms being sent with the offer letter to allow time for review by the applicant. The psychological process has been revised and consolidated to be less intrusive to the candidates. 0:28:19 Cr. Rupp Cr. Rupp asked a question, beginning a discussion about the process of querying ex-spouses. 0:28:56 Pattie Berg, Human Resource Director Ms. Berg explained that interviews with ex-spouses are only a piece, and not one disqualifier, further explaining the views of management regarding this tool. 0:31:41 Greg Sullivan, City Attorney Mr. Sullivan explained that all information obtained in the investigative process is verified. 0:32:33 Cr. Krauss Cr. Krauss asked a question and began a discussion regarding how marital status is viewed in the investigative process. 0:35:06 Dave McManis, Detective Seargeant Mr. McManis mentioned that current spouses and family members are interviewed as well. 0:37:13 Cr. Becker Cr. Becker asked whether the applicant has the opportunity to review the culminated file at the conclusion of the investigative process. 30 Minutes of the Bozeman City Commission Policy Meeting, December 3, 2009 4 of 6 0:37:22 Mr. McManis Mr. McMannus said they do review the investigation with the applicant; mainly the Johnson- Roberts report and any questions that had come up that needed further clarification. 0:39:00 Mr. McManis Mr. McManis, responding to a question from Cr. Becker, explained that yes, lying during the application process could potentially lead to termination of employment if the lie was discovered at a later date. 0:39:06 Mr. Sullivan Mr. Sullivan explained that at no time is the investigative file delivered to the candidate. The applicant waives their right to know. 0:40:21 Cr. Rupp Cr. Rupp asked a question, beginning a discussion about the length of time the investigative process takes. 0:40:30 Mr. McManis Mr. McManis guessed that the process takes about 35-40 hours depending on the life experience of the applicant. 0:41:17 Mr. Kukulski Mr. Kukulski re-iterated that the investigative process will continue to utilize the internet, but will not look into private sites. As the internet evolves, the question still remains what the proper level of internet background checks that should be done based on the responsibilities and authorities of the people who get hired. 0:43:36 Cr. Krauss Cr. Krauss continued the discussion about social network sites and an employee's rights to free speech. 0:46:26 Mr. Sullivan Mr. Sullivan provided a legal view regarding the line between employee free speech and employer rights. 0:56:31 Mr. Kukulski Mr. Kukulski said staff will take the comments made today and finalize this portion of the hiring practices manual. Additional changes will come before the new commission with an update to the hiring manual. 0:57:06 Cr. Krauss Cr. Krauss asked a question and began a discussion about whether sexual preference is a protected class within the hiring practices. 31 Minutes of the Bozeman City Commission Policy Meeting, December 3, 2009 5 of 6 0:58:15 Ms. Berg Ms. Berg explained that sexual preference is not yet an official protected class, the city has not received policy direction on this issue. Discussion continued on this subject. 0:59:56 G. FYI/Discussion 1:00:07 1. Discussion regarding whether the December 21st meeting should be cancelled and whether the meeting on the 28th should take place at noon. 1:00:15 Mr. Kukulski Mr. Kukulski asked for the Commission's thoughts on whether the December 21, 2009 meeting should be cancelled and whether they would like to have the meeting on the 28th at noon. He also asked whether a second reading on the whistleblower ordinance could take place during the 28th meeting. 1:01:40 Cr. Becker Cr. Becker explained he will be gone December 23rd through January 13, 2010. 1:02:14 Mr. Kukulski Mr. Kukulski explained that the meeting between Christmas and New Years is important for the possible award of a bid for the waste water treatment plant. 1:02:27 Mayor Jacobson Mayor Jacobson requested that the meeting on December 28th take place at noon. 1:02:37 Cr. Krauss Cr. Krauss said he would prefer not to meet on December 21st, but said he would support whatever decision Cr. Rupp would like to make regarding that meeting. 1:04:43 Mayor Jacobson Mayor Jacobson said the Commission could decide next Monday night, after reviewing the whistle blowing ordinance whether they would like to take care of the second reading on the 28th. 1:05:41 Ms. Berg Ms. Berg provided information and began a discussion about interns. 1:08:24 H. Adjournment Mayor Jacobson adjourned the meeting at 1:15 p.m. 32 Minutes of the Bozeman City Commission Policy Meeting, December 3, 2009 6 of 6 ____________________________________ Kaaren Jacobson, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Aimee Kissel, Deputy City Clerk Approved on ___________________________ 33