HomeMy WebLinkAbout12-03-09 Policy Minutes, City Commission d
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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 Ave being Crs. Rune, Krauss, Becker and Mayor Jacobson.
Those voting No being none.
The motion passed 4 -0.
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A4inuies of the 13o_-emun City Commission Policy Meeting, December 3, 2009
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.
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Minutes gf the Bofeman 0q, Commission Policy Aleeting, Deceniher 3, 7009
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.
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Minutes of the Bozeman CitY Commission Policy A9eelin,g, December 3, 2009
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.
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A9inaries gllhe Bozeman Cih� Commission Policy Meeting December 3, 2009
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. lie
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 21 st, 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.
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Minutes of the Bozeman 00 Commission Policy Meeting, December 3, 1009
Kaaren Jacobson, yor
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ATTFF B O
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S Clerk
PREPARED BY:
Aimee kissel, Deputy City Clerk
Approved on Cot 7-1g 09
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