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Departments: Personnel Commission

Minutes-Special Meeting-April 24, 2007

Personnel Commission

April 22, 2007

Minutes of the Special Meeting of the Personnel Commission April 24, 2007

CALL TO ORDER
The meeting was called to order by Dr. Griffith at 3:30 p.m.

PRESENT
Personnel Commissioners:
Dr. Owen H. Griffith
Dr. Harold M. Klonecky
Patrick J. Furey, Esq.

Dr. Kris Koga, Director-Personnel Commission
Ms. Liane Kwan, Personnel Analyst

PLACE AND DATE OF MEETING
Torrance Unified School District Office Board Room
2335 Plaza del Amo, Torrance, April 24, 2007.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Ms. Kwan.

PUBLIC HEARING: APPOINTMENT OF ACTING DIRECTOR-FACILITIES/OPERATIONS
Dr. Griffith opened the Public Hearing: Appointment of Acting Director-Facilities/Operations and noted that this public hearing was being conducted to provide an opportunity for input on the Appointment of Acting Director-Facilities/Operations pursuant to Personnel Commission Rule 9.1.2.

Dr. Griffith said: “At this time, is there anyone who desires to express their views or present information on the appointment of the Acting Director-Facilities/Operations, Joe Zeiler?”

Dr. Don Stabler, Deputy Superintendent-Administrative Services, noted that in order to find a substitute for the Director-Facilities/Operations during his medical leave absence, he accessed the CASBO Retiree List and surrounding school districts. He indicated that Mr. Phil Fielding told him that no one in the Maintenance Department wanted to do his job and since former Superintendent, Dr. Steve Fish, had previously appointed retired superintendent, Dr. Ed Seals, in place of Kevin Condon, he assumed it would be appropriate. Dr. Stabler further noted that he felt it was in the best interest of the District to have an acting administrator to oversee special projects in the Maintenance and Transportation departments. He added that with the inability of the system to backfill qualified people, there would be more work than current staff could handle. He concluded that Mr. Joe Zeiler was a retired principal and willing to serve in that position as Acting Administrator.

Dr. Koga presented the following documentation for consideration:
1. Director-Personnel Commission Dr. Kris Koga’s correspondence dated April 10, 2007 to Dr. Don Stabler, Deputy Superintendent-Administrative Services.
2. Attorney Kristine E. Kwong’s correspondence dated April 17, 2007 to Dr. Kris Koga, Director-Personnel Commission.
3. Director-Personnel Commission Dr. Kris Koga’s correspondence dated April 19, 2007 to Dr. Don Stabler, Deputy Superintendent-Administrative Services.
4. Attorney Kristine E. Kwong’s correspondence dated April 19, 2007 to Dr. Kris Koga, Director-Personnel Commission.

Dr. Koga further stipulated that her two meetings with Dr. Don Stabler on Monday, April 23, 2007 resulted with Dr. Stabler noting that Mr. Joe Zeiler would be approved as “Acting Administrator” in the next Board agenda and that Scott Mercier, Manager-Maintenance & Operations, would also be approved as Acting Director-Facilities/Operations and they would work together. Dr. Koga noted that Dr. Stabler indicated that no Maintenance Supervisor would be brought up to serve as Acting Manager-Maintenance & Operations.

In response to Dr. Stabler’s reference to the appointment of Dr. Ed Seal as the Acting Chief Business Officer, Dr. Koga noted that the Fiscal Services Officer did not wish to serve in the limited term appointment during that period and since Dr. Seal was a former Chief Business Officer, there was no action taken by the Personnel Commission to stop that particular senior management appointment.

Mr. Furey inquired as to when Dr. Stabler was notified of Mr. Fielding’s medical absence. To which, Dr. Stabler responded that he was given one month notice. Mr. Furey expressed his disappointment that Dr. Koga, Director-Personnel Commission, was not notified during this period of Dr. Stabler’s plan to fill the position. Mr. Furey further added that as a Commissioner with the City of Torrance Civil Service Commission, he was aware that the City’s practice was to move up existing employees for acting limited-term positions. He then asked Dr. Koga if this had been the practice within the school District. Dr. Koga indicated that it has been a past practice (for well over 20 years) to move employees up within the school district in the absence of a higher level administrator.

In response to Dr. Klonecky’s inquiry as to whether there was a job description entitled “Administrator,” Dr. Stabler indicated that Human Resources provided that job title to him.

In response to Ms. Kathy Kelley’s inquiry as to Mr. Zeiler’s appointment, Dr. Griffith indicated that the Personnel Commission is concerned with classified appointments and the violation of the rules and regulations.

Dr. Griffith said: “At this time, is there anyone else who desires to express their views or present information on the appointment?”

Hearing no comment, Dr. Griffith requested a motion to close the Public Hearing.

Motion was made by Dr. Klonecky, seconded by Mr. Furey, that the Public Hearing be closed. Motion carried 3/0.

Dr. Griffith then asked if there was a motion to adopt findings, based upon the facts and statements in the attachments incorporated by reference into the hearing record of the Director-Personnel Commission and Attorney Kwong in the memorandum dated April 19, 2007 that the appointment of the Acting Director-Facilities/Operations Joe Zeiler had been made in violation of Rules and Regulations of the Personnel Commission as they apply to examination procedures.

Motion was made by Dr. Klonecky, seconded by Mr. Furey, to adopt findings, based upon the facts and statements in the attachments incorporated by reference into the hearing record of the Director-Personnel Commission and Attorney Kwong in the memorandum dated April 19, 2007 that the appointment of the Acting Director-Facilities/Operations Joe Zeiler had been made in violation of Rules and Regulations of the Personnel Commission as they apply to examination procedures.

Based upon the adoption of findings, Commissioners requested that Mr. Zeiler also be notified.

Motion was made by Mr. Furey, seconded by Dr. Klonecky, that staff notify Mr. Joe Zeiler of his violation of Personnel Commission Rules and Regulations and signed a memorandum to the Board of Education urging them to disapprove the appointment of Mr. Joe Zeiler as Acting Administrator in the Board of Education agenda of May 7, 2007. Motion carried 3/0.

ADJOURNMENT
The meeting was adjourned 4:07 p.m.

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